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TOWN OF TUXEDO
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Agenda for Village Planning Board Meeting March 27, 2017

Call to Order
Pledge of Allegiance

Minutes
Town Supervisor/Town Board Update
Public Comments on Agenda Items

Presentation by Good Energy, Regarding Community Choice Aggregation

Agenda Items:

1. Resolution Extending the Moratorium on Residential and Non-Commerical Development Approvals

2. Resolution to Lease Town's Park Fields to Northeast Tournaments LLC- d/b/a PG northeast Tournament

3. Resolution Objecting to New York State Budget Proposal to Impose Conditions on Aim Funds

4. Resolution Objecting to Enactment of the Proposed "County-Wide Shared Services Property Tax Savings Plan

5. Resolution to Surplus Inoperable Highway Equipment

6. Resolution Consenting to Sale of Raffle Tickets by Access: Supports for Living Inc.

7. Resolution Approving Participation in Orange County 2017 STOP-DWI Enforcement Grant

8. Resolution Authorizing the Lease of Office Space to ABS Eurodesign Group, LLC. ~

Any other h11siness that may come hefore the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

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Agenda for Village Planning Board Meeting March 27, 2017

NOTICE is hereby given that the Planning Board of the Village of Tuxedo Park will hold a
public hearing on Monday, March 27, 2017 at 7:30 p.m. in the Village Hall, 80 Lorillard Road, Tuxedo Park, New Yark on the following:

1. Application of Robert McQuilkin & William Russell, 82 Circuit Rd., Maureen Love,
72 Circuit Rd. and William Nixon, 62 Circuit Rd, to change the lot lines affecting three
parcels, resulting in a change of lot sizes of such parcels.

The application and plans are available for review Monday through Friday from 9:00 a.m. to 3:30 p.m. at the Village Hall, Village of Tuxedo Park, 80 Lorillard Road, Tuxedo Park, NY.

All neighbors and/or parties interested will be heard.

BY ORDER OF THE
PLANNING BOARD
JoAnn Hanson, Chairman

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Joint Town Board, Planning Board and Architectural Review Board Tuxedo Farms Workshop March 6, 2017

The Town held a workshop meeting for members of the Town Board, Planning Board and Architectural Board of Review on Monday, March 6, 2017 at 6 pm.  The purpose of the workshop was to review the changes being proposed by Related Companies for the Tuxedo Farms project. 

Andrew Dance of Related stated that a letter had been sent to the Town Board in December asking for several amendments to the Special Permit.  In brief, they are requesting the use of vinyl siding for some structures, a reduction in roof pitch on some structures and  assurance that if a building meets the design guidelines as outlined in the Permit, it will be approved by the Architectural Review Board. Additionally, Related has engaged the architectural firm of Torti Gallas a firm, which deals with designs of master planned communities. 

Councilperson Loncar asked Mr. Dance to give an update as to where they stand with the project. 

Mr. Dance responded that they are continuing to work on “earthwork,” moving down Quail Road to Route 17. They will also be moving forward with work on the Southern Entrances (near Jessie’s Bagels) and will be doing some stonework going down to Route 17 near the old Applewood Kennels working on the entrance as well as storm water drainage.  Mr. Dance remarked that they feel they have had a very successful earthwork campaign thus far, with little to no interference with neighboring houses and no water supply issues.  They are also working with Orange and Rockland on the gas and electric service to the project and that work will likely continue through the summer.  Finally, the new sewer plant is coming along nicely, however in order to turn it on, they need effluent from the project as the Town doesn’t generate enough for the plant to run properly. 

Brian O’Looney and Mark ­­­­­Bombaugh from Torti Gallas then gave a presentation on the proposed changes to the design guidelines.  To view a copy of this presentation, click here

In summation, Torti Gallas’s goal is to retain the standards that are already in the Special Permit while  at the same time making the project buildable for builders in ways that are not visible to the general public.  They repeatedly emphasized that they would like to
make sure that the vision presented in the Special Permit is actually achieved.

Specifically, they recommend that some vinyl siding (but not ALL brands) be approved for use in certain neighborhoods within the development, although not on all the buildings, and that more relaxed roof pitches and slopes be allowed.  They also suggested that  some pc and urethane and vinyl window products be permitted.    They aim to come up with a list of approved products that will help the buildings in the development both to look better and retain those looks over a longer period of time.  

Councilperson Loncar said that he had been working in construction for over 20 years and didn’t really have a great opinion of vinyl siding.  He feels that it is not the quality, which was promised in the Smart Code.  He asked if they were talking about seamed or seamless siding.  The architects responded that they have done work with both.

Referencing some comments made during the presentation Councilperson Lindsay expressed some concern over the fact that the vinyl siding would “take work to get it right.” She wondered if this meant that there would be more oversight needed on the project than was previously proposed?

Andrew Dance responded that the builders they are talking to are largely from New Jersey and they are all working almost exclusively with the materials which are being proposed. He feels that “practice makes perfect,” and that these builders have had a lot od practice so an extraordinary amount of oversight would not be required.  

Since the presentation suggested that these new materials would work better with some of the proposed home styles (Adirondack, Hudson River Dutch, Hudson River Gothic and Greek Revival) and not others Councilperson Loncar wondered if there would be a specific ratio of which styles of houses would be allowed. 

Mr. Dance responded that the Special Permit requires that there be a certain amount of variety but that it does not get any more specific than that. 

Mark Bombaugh added that by specifying that the materials were allowed on 4 different styles, they should end up with a variety of housing. 

Councilperson Reardon asked how the change in materials would affect the pricing of the houses. 

Andrew Dance replied that at $1.5 Million this region, what is being proposed is the predominant kind of construction that is being built.  

Mrs. Reardon countered that she felt the reason that more builders were using the materials in question was because they were able to build houses at a reduced cost.

Mr. Dance remarked that there were regions in the country where it was actually cheaper to use hardy board and that this was because in those areas, the labor force was more skilled in using those materials. This is not the case in the North East region. 

Planning Board Member John Ruel asked if vinyl siding was allowed, on what percentage of the houses would it be used? 

Mr. Dance replied that they had no way of knowing but added that he did not see clapboard in use anywhere in this region.  When questioned by Councilperson Reardon, he stated that the inability to use vinyl was a “non starter” for the builders in this region. 
Councilperson Loncar stated that it had taken 20 years to plan this community and the design standards that they ended up with were ones that everyone wanted.  Now he fears that if they move ahead with what is being proposed, the Town would be getting an inferior product, which will not look anything like what everyone envisioned.  

He was reminded that the Town has an Architectural Review Board who can simply say no. 

Brian O’Looney suggested that by specifying high end products, he felt they could circumvent this problem.  The goal is to create a bridge between the feedback from prospective builders and the Town’s standards. 

George McCathern, member of the Architectural Review Board. expressed his concern about allowing cheaper products.  He wondered who would control how the vinyl siding was being installed. Additionally, Mr. McCathern stated that he wasn’t against using some of the new products that had been proposed and that he isn’t afraid of change, but he has seen a lot of bad looking vinyl siding.    Should they see siding going up that they felt didn’t look good, he noted that they would not have the power to make the builders take it down.  Who will control the builders who have signed on to the project because they can build cheaper products?  Who will make sure that the vinyl siding goes up properly?  He added that he has seen some vinyl siding in New Jersey that looks “horrible.” 

Councilperson Mcmillen said he would like to know how the Town would be able to enforce the quality of construction. 

Mr. Dance then stated that the design guidelines in the Special Permit were written in 2004 and haven’t been changed since.  He believes, these guidelines are just not what builders are doing today.  He went on to state that no one wanted to build cheap houses.   Vinyl is the product that builders are using now he feels that it looks very nice.  He suggested that the Board members take a few field trips and look at some examples of what he was referring to.

Given that Mr. Dance had suggested that not being able to use vinyl siding was a “non-starter” for many builders, Councilperson Lindsay wondered whether the French Country, English Country, English Arts and Crafts or Shingle styles homes would be eliminated altogether as certain styles in the Design Guidelines have been determined to not work well with the siding. Mr. Dance replied that they were starting with areas of the development, which were determined by lot size.  They feel it’s important to get “critical mass” into the development at the beginning of the project in order to generate success. All the houses proposed for these areas are ones designed to be below a million dollars in price.   However, as they move on to the other areas of the development, he feels that the styles Mrs. Lindsay has mentioned will then be appropriate. 

Mr. McCathern wondered how they would be able to make the builders use the higher priced materials. 

He was told that the later parts of the project would have higher priced, bigger homes and that people who wanted those, typically want the higher priced materials.  Which materials are used will depend on the buyers, what they want and what they are willing to pay for. 

Councilperson Loncar asked if Related would be agreeable to making the front of the houses as specified in the Special Permit and then allowing the sides and back of the houses to be built with vinyl siding. 

Mr. Dance responded that while that sounded very reasonable to him, it was not what builders were doing or asking for. 

Brian O’Looney suggested that Mr. Loncar might not be happy with that combination as it didn’t always work well. 

Planning Board Chair Mike Reardon wondered what would happen if the vinyl siding was tied to Related’s staying involved with the project so that if Related were to walk away from the project, then the vinyl siding would go as well? 

Mr. Dance responded that he didn’t know how this could be done.

Councilperson Mcmillen then asked for clarification as to what exactly was being asked for.  Specifically, he wondered if it was just an adjustment of roof pitch and vinyl siding.

Several people called out that there were changes to the windows as well and that was confirmed.  Brian O’Looney mentioned that there were other changes..

Town Attorney Don Nichol then stated that the Town wanted a redlined version of the proposal so they could see more accurately and quickly what was being asked for.  He was told that this would be submitted.

It was agreed that in order to move forward the Special Permit would need to be amended so that it could include approved products and materials.  Mr. Nichol stated he thought the Boards would need time to think about this and discuss it based on the presentation they had just viewed. 

George McCathern stated that what was upsetting him was that a lot of the things that were being asked for now were things that had been rejected when putting together the guidelines that are in the existing permit. 

He was told that some of the pictures he was referring to were not being recommended, and that the point of the pictures was to showcase the builders and what they were producing. 

Mr. Dance was then asked to put together a list of communities with houses showcasing what was being asked for that members of the Board could easily go visit in order tosee first hand what was being discussed. 

Mr. Dance responded that his letter from December provided such a list. 

Mark Bombaugh stated that Tuxedo has a really great code in the Special Permit and that Related is only looking to amend small parts of it. 

Supervisor Rost commented that his opinion was that it didn’t matter if the material was vinyl or hardy pine. The Town will need to “hold the builders’ feet to the fire” and that no matter what the material is, “it has to go up right.”  He further stated that he thought they needed to take a look at the Town’s ARB to make sure they have everything they need in order to enforce the code. 

It was agreed that Related would submit a redlined copy of the proposal with a list of the materials that are being proposed. 

Councilperson Reardon reiterated that the Boards had spent more than 20 years working on this project and now when the end is so close, she feels an obligation to work together with the developer to make sure that what the Town ends up with is everything that they want and everything that they know it can be. 

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Joint Town Board, Planning Board and Architectural Review Board Public Workshop Regarding Tuxedo Farms March 6

NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Tuxedo will hold, a public joint workshop involving the Town Board, Planning Board and ARB with Related Co. to review the progress and to review proposed changes of the Tuxedo Farms project.  Community Room, One Temple Drive, Tuxedo, New York, on Monday, March 6, 2017 at 6:00 p.m.

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Town Board Meeting February 13, 2017

The Town Board met on Monday, February 13, 2017 at 7 pm.  All members were present.

A representative from Orange County Emergency services appeared before the Board to ask for relief from the building moratorium.  They want to build two towers in the Maplebrook section of Town to improve their coverage in the Eagle Valley/Maplebrook area.  A resolution granting relief was passed unanimously and the applicant was referred to the TAC Committee to get their process started. 

Supervisor Rost announced that the scheduled presentation by Good Energy had been rescheduled for the first meeting in March.

Public Hearing on the Town Comprehensive Plan Amendment:
Supervisor Rost opened the hearing by saying that he felt there was a lot of misinformation within the community regarding the hearing.  He stressed that the purpose of the hearing was to receive comments from residents about the plan and that the Board did not plan to vote on anything at this time.  He added that when the comments had been received, they would probably close the public hearing but written comments would be accepted for the next two weeks, which would give everyone a chance to participate in the process. 

Town Attorney Don Nichol then provided  an overview, explaining that the Town’s master plan had been adopted a little over 5 years ago and that the proposal currently before the Board was an update to that. It is a conceptual plan, which outlines what the goals are for the Town. This revision is relatively minor and one of its main purposes is to protect the Town’s rate base. The Town’s demographics have been updated and there are a few more exhibits.  The plan has been submitted to the Orange County Planning Department for their review and, although their time has expired, they haven’t as yet commented. 

Dena Steele had many constructive suggestions to make for the Plan.  To read a copy of her remarks, click here. 

Steven Silverberg, an attorney with Silverberg Zalantis LLP representing Faire Partners, stated that he and his client felt there was no need for the “new” zoning, which would cover his client’s property.  He feels that the proposed zoning was intended for the casino and since the Town will not be getting a casino, he sees no need for it.  Furthermore, he feels the reasoning behind it is “suspect,” and although he has submitted more than one FOIL request for any documents exchanged between the Town and their consultants, he has not received any communication between the Town and their consultants at all.  He further stated that if he did not receive some reasoning or motive for rezoning his client’s land, he felt they were headed down a “very expensive path for everybody,” and he hoped the Board would not do that.

Susan Roth from Hudson Valley Planning & Preservation, also representing Faire Partners, stated that she felt the rezoning of Ren Faire’s property was unwise.  She said that she didn’t think anything less than the magnitude of Bear Mountain Lodge could possibly succeed there.  She suggested that the Town had already had a “resort” (Timber Ridge Ski Center) that had closed there. She feels the Town should keep the Ren Faire property zoned as residential.  

Ken English said he appreciated all the work that this Town Board and previous ones had put into the Plan.  He offered constructive comments on various topics including Interchange 15B, the Indian Kill reservoir, School Districts consolidation and goals for possible future development in Arden.

Steven Spiegel, another attorney for Faire Partner stated that he thought the process of adopting a Comprehensive Plan was a great one.  That said, he implored the Board to remember the fiscal responsibility involved.  He feels that rezoning the land from residential to tourism would be a mistake and might end up being a hardship for his client.  He asked the Board to remember that there is “a difference between a resort (such as the proposed casino) and an event (such as the Renaissance Faire).” 

Jake Matthews asked the Board to keep in mind Tuxedo’s proximity to New York City and it’s standing as a commuter town.  He feels it’s very important that we maintain as good of a commuting experience as we possibly can. 

Karen Dougher said that she had lived in town for over 20 years and as long as she could remember, people have been trying to consolidate the school districts.  She doesn’t understand why that has anything to do with the Town’s Comprehensive Plan and stated that, in her opinion, consolidation is never going to happen.  She believes that the State does not want to bring part of a larger district into a smaller district.  Also, Monroe Woodbury would never, in her opinion, give up the tax money. 

Michael Stewart wondered what was “going on with the school district.”  His observation was that there were only 15-17 kids per grade and in his opinion, there isn’t a good reason to keep the school open.  He lives in Juniper Terrace and has been trying to sell his house for a year and a half but says that no one is interested in moving here, mostly because of the school.  He wondered what the plans were for the school.  He was told that the Town Board is not in charge of the school and that if he wanted this kind of information, he would need to go and ask the School Board those questions. 

Wayne Reuvers spoke up and stated that he wholeheartedly supports an exploration of consolidation of the school districts.  He does not like seeing tax revenue going out of the Town and to another district.  He further commented that he thought the Comprehensive Plan was “brilliant,” and that he very much liked the direction taken by the Board for the last year or year and a half. 

Mike Santoianni spoke as a realtor as well as a representative of the Tuxedo Park Associates.  He began by saying that he would like to see a “red lined” copy of the plan so that he and others could understand what differences are being proposed for the plan.   He then went on to give comments about the proposed tourism business zone. 

Town Attorney Nichol responded saying that what Mr. Santoianni was referring to was not a part of the Comprehensive Plan but rather a part of some zoning amendments which might be considered next but were not something under discussion currently and certainly not up for a decision tonight.  He further stated that if zoning changes were contemplated there would be more public hearings at which the public would have ample opportunity to comment. 

Mr. Santoianni then remarked that the TPA has a 40-acre parcel on Warwick Brook Rd., which it has been trying to sell for several years. 
The land is presently zoned RO and even with that, they would need permission for any “use” of the property.  Should that property be zoned Tourism Business, there would be even more restrictions on it.  He cautioned that he believes the Plan has “unintended consequences” for future business development and he asked the Board to take a hard look at that. 

Ginny Apostolides remarked that as a long time Town resident, she would like to see more recreational opportunities in Town such as a pool or “a real Park.”  Commenting that she knew that these things cost money, she proposed that “events” should be held to raise funds to pay for them.  She also supports changing Route 17 from 4 lanes to 3 in order to slow people down and perhaps encourage them to stop in Town and patronize local businesses. 

The public comment hearing was then closed.  Written comments will be accepted through February 27. 

Resolutions:
The following resolutions were passed:

  • a Resolution to grant relief to C&E Auto Body from the building moratorium local law. (This allows them to go before the Planning Board). The vote was 3-2 with Councilpersons Lindsay and Loncar voting no.
  • a Resolution consenting to the sale of raffle tickets by the Onyx and Breezy Foundation in the Town of Tuxedo (this is an annual occurrence)
  • a Resolution to  approve the annual garbage collection permit (for Marangi).
  • a Resolution to authorize the Town Clerk to attend the NYS Town Clerks Training Conference in Rochester from 4/23-4/26
  • a Resolution to set the salary for part time Assessor at $20,000 per year and to appoint Jim Davies to fill the position.
  • a Resolution approving budget modifications
  • a Resolution declaring Tobins Way, Spartan Place, Patterson Hill Rd, Nolan’s Way and Chapel Turn to be public highways pursuant to New York State Highway Law section 189.  This will allow the Town to service these roads but any improvements will need to be petitioned for by the residents. This was passed 4-1 with Councilperson Mcmillen voting no.

Vouchers were then signed and the meeting was adjourned into an Executive Session to receive advice from Counsel.

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Town of Tuxedo Notice of Public Hearing - Amendment of Comprehensive Plan

PLEASE TAKE NOTICE that, pursuant to section 272-a of the Town Law of the State of New York, the Town Board of the Town of Tuxedo will hold a public hearing at Town Hall, 1 Temple Road, Tuxedo, New York, on February 13, 2017, at 7 p.m. for the following purpose: to solicit public comments on the proposed Amendment of the Town of Tuxedo Comprehensive Plan.

Copies of the proposed Comprehensive Plan Amendment are available for inspection at Town Hall; on the Town of Tuxedo website, www.tuxedogov.org; and, at the Tuxedo Park Library, 227 Route 17, Tuxedo, New York.

All interested persons will have an opportunity to be heard at this hearing.

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Agenda for Town Board meeting January 23, 2017

Call to Order
Pledge of Allegiance

PUBLIC HEARING- COMPREHENSIVE PLAN AMENDMENT
PLEASE TAKE NOTICE that, pursuant to section 272-a of the Town Law of the State of New York, the Town Board of the Town of Tuxedo will hold a public hearing at Town Hall, 1 Temple Road, Tuxedo , New York, on January 23, 2017, at 7 p.m. for the following purpose : to solicit public comments on the proposed Amendment of the Town of Tuxedo Comprehensive Plan. Copies of the proposed Comprehensive Plan Amendment are available for inspection at Town Hall; on the Town of Tuxedo website, www.tuxedogov.org; and, at the Tuxedo Park Library, 227 Route 17, Tuxedo,New York. All interested persons will have an opportunity to be heard at this hearing
.

REGULAR BI-MONTHLY MEETING
Minutes
Town Supervisor/Town Board Update
Public Comment s on Agenda Items

Agenda Items:
Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Planning Board Meeting January 10, 2017

The Town Board met on Monday, January 9, 2017 at 7 pm. All members were present.

Supervisor Rost opened the meeting by thanking everyone for the support he and his family have received during the last month. He added that because he has been out of Town so much recently, there are open and expired positions in the Reorganization document. These will be addressed by the Board before their next meeting. That said, he announced that Mike Reardon, Planning Board Chair and Frank Peverly, Zoning Board Chair, both of whom were present and both of whose terms have expired, would be reappointed during the meeting.

Highlighting the changes since last year, the Supervisor announced that Greg Stevens would be retiring from the position of Assessor although he will continue to be the Receiver of Taxes. The Town has already received one resume from someone interested in the position and the Supervisor added that he had also been talking to the County about possible ways of handling assessing going forward.

The Reorganization document was then approved unanimously. Details are as follows:
Appointments:
The following appointments were made:
Deputy Supervisor
David McMillen
Supervisor’s Clerk
Shari Brooks
Supervisor’s Bookkeeper
Andrew Arias

The yearly salaries were approved for the following Town Officials and Employees:

Town Supervisor
Michael Rost
$33,728.29
Town Council Member
Michele Lindsay
$ 6.634.89
Town Council Member
Clifford Loncar
$ 6.634.89
Town Council Member
David McMillen
$ 6.634.89
Town Council Member
Valerie Reardon
$ 6.634.89
Town Justice
Shawn Brown
$24,553.00
Town Justice
Sandy Newman
$23,690.00
Receiver of Taxes
Greg Stevens
$11,362.00
Town Clerk
Donna Matthews
$55,000.00
Superintendent of Highways
Rob Dollbaum
$85,000.00

Supervisory Court Clerk
Elizabeth Smith
$47,981.00
Justice Clerk
Claire Squillini
$40,053.00
Supervisor’s Clerk; Recreation Coordinator/Summer Camp Director; Payroll Coordinator; Permit Coordinator
Shari Brooks
$45,973.16
Account Clerk
Brian Sullivan
$20/hour
Dog Control Officer
Thomas Murphy
$ 7,522.00
Emergency Management Officer
Ralph Brooks
$ 793.00
P/T Clerk Typist for the Highway and Building Depts; Recording Secretary for ARB
Michelle Reed
$15/hour
Fire Inspector; Building Inspector; Code Enforcement Officer; Flood Damage Prevention Administrator
David Maikisch
$56,833.22
Project Coordinator for Building Dept; Recording Secretary for Planning Board, Zoning Board, Architectural Review Board
Deborah Villanueva
$48,064.77
Board of Assessment Review/Chairman
Louis DeBrino
(Term Expired)
$ 1,507.00
Board of Assessment Review/Member
Edward Brennan
(Term Expired)
$ 538.00
Board of Assessment Review/Member
Frederick Jones
(9/30/18)
$ 538.00
Board of Assessment Review/Member
Carol Matthews
(9/30/19)
$ 538.00
Parks & Recreation Advisory Board/Member
Joseph Ricard
(Term Expired)
No compensation
Parks & Recreation Advisory Board/Member
Leslie DeVore
(12/31/17)
No compensation

Parks & Recreation Advisory Board/Member
Deborah Villanueva
(12/31/18)
No compensation
Board of Fire Commissioners/Member
Paul Eichengreen
(12/31/20)
No compensation
Board of Fire Commissioners/Member
Jeff Dowding
(12/31/20)
No compensation
Board of Fire Commissioners/Member
Gardiner Hempel Jr.
(12/31/16)
No compensation
Board of Fire Commissioners/Member
Edward Brennan Jr.
(12/31/17)
No compensation
Board of Fire Commissioners/Member
Ralph Brooks Sr.
(12/31/18)
No compensation
Board of Fire Commissioners/Member
Todd J. Darling
(12/31/18)
No compensation
Board of Fire Commissioners/Member
Charles Jones
(12/31/19)
No compensation
Zoning Board of Appeals/Chairman
Francis W. Peverly

$ 1,611.00
Zoning Board of Appeals/Member
Andrew Rogers
(12/31/16)
$ 1,166.00
Zoning Board of Appeals/Member
Thomas Darling
(12/31/17)
$ 1,166.00
Zoning Board of Appeals/Member
George Langberg III
(12/31/18)
$ 1,166.00
Zoning Board of Appeals/Member
Russell Shaver
(12/31/19)
$ 1,166.00
Zoning Board of Appeals/Alternate
Position Open

Planning Board/Chairman
Michael Reardon

$ 5,864.00
Planning Board/Member
Linda Phelps
(Term Expired)
$ 2,661.00
Planning Board/Member
Darren Maynard
(12/31/17)
$ 2, 661.00
Planning Board/Member
Joseph Gartiser
(12/31/18)
$ 2,661.00
Planning Board/Member
John Ruel
(12/31/19)
$ 2,661.00
Planning Board/Member
Raymond Ferri
(12/31/19)
$ 2,661.00
Planning Board/Member
Richard Rigoli
(12/31/19)
$ 2,661.00
Architectural Review Board/Chairman
Dale Mottola
(12/31/17)
$ 1,801.00
Architectural Review Board/Member
Michael Rothlauf
(Term Expired)
$ 1,801.00
Architectural Review Board/Member
George McCathern
(Term Expired)
$ 1,801.00
Architectural Review Board/Member
Todd Tereshkow
(Term Expired)
$ 1,801.00
Architectural Review Board/Member
Position Open
(12/31/17)



In addition, the following appointments were made:

Town Veteran’s Officer
Paul Mitchell
Town Historian
George Langberg
Official Newspaper of Record
Times Herald Record
Official Depository
JP Morgan Chase

Requests for proposals have gone out for Town Attorneys, Town Engineers and Town Auditors. Until such time as a successor is appointed, Jacobowitz & Gubits was retained as Town Counsel, Legal Counsel and ZBA Legal Counsel. Alyse Terhune was similarly retained as Planning Board Legal Counsel. Until such time as a successor is retained, Holzmacher, McLendon & Murrell P.C. (H2M) was appointed as Town Enginee and Andrew Arias of Cooper Arias was appointed as Town Auditor.

The regular bi-monthly meeting followed.

Town Supervisor/Town Board Update:
Supervisor Rost commented he had nothing to report as he has been out of town.
Councilperson Lindsay reported that she had met with Good Energy, a community choice aggregating energy company, which is signing up towns in our area. After signing towns up, they will put the energy out to bid and as a result, residents’ energy bills would be reduced. There is still a process to be followed. This would affect just the supply of energy, not the delivery and residents could easily opt out if they so choose. Generally, people see a 10% reduction in their energy costs.

Public Comments on Agenda Items:
Jim Hays stated that he felt it would be helpful if, when Andrew Dance of Related was going to appear as he was tonight, it was actually listed on the agenda. Mr. Hays felt if it had been noticed, more people would have shown up to listen to what Mr. Dance had to say.
Supervisor Rost apologized to Mr. Hays and stated that a big part of the reason why this hadn’t happened was because he had been tied up with family matters for the past several weeks.

The following Resolution was passed unanimously:
A Resolution authorizing the execution of agreement with Warwick Humane Society for 2017 Animal Shelter Services.

New Business:
Andrew Dance of Related Companies stated he was following up on a letter he had recently sent to the Supervisor and Town Council members. His project, Tuxedo Farms, is proceeding satisfactorily as far as they are concerned. According to Mr. Dance, they are optimistic about the home building market although he reports that builders they are talking to have reservations about “the condition of the high school.” While he is still in touch with members of the community, he is no longer actively engaged with members of the school board. It is his position that the school cannot continue to operate in its current condition and he hopes that the Town as a whole comes to a similar conclusion.
Related plans to come before the appropriate boards to ask for some changes in design guidelines for Tuxedo Farms. They are asking for three things:
1- to able to use high-grade vinyl in siding and windows.
2- to reduce the required roof pitch.
3- assurance that if a house meets the design guidelines, it will be approved by the Board of Architectural Review.
These are all things that have been requested by builders looking to build the project.

After some discussion among the Board members, they decided that they needed advice from their attorneys regarding possible changes to the Special Permit as well as input from the Planning Board and Architectural Review Board.

Acting Police Chief, Lt. Norton next presented an award to both Detective Decker and Deputy Supervisor Mcmillen for their part in helping to solve several burglaries in the region, starting with one in the East Village. Councilperson Mcmillen was able to pull up video footage of the suspect’s van that enabled Detective Decker to put an alert out to surrounding areas and ultimately, the suspects were caught.

Vouchers were signed and the meeting was adjourned into an Executive Session to receive advice from Counsel.

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Town Board To Hold Public Hearing on Amendment to Comprehensive Plan January 23

PLEASE TAKE NOTICE that, pursuant to section 272-a of the Town Law of the State of New York, the Town Board of the Town of Tuxedo will hold a public hearing at Town Hall, I Temple Road, Tuxedo, New York, on January 23, 2017, at 7 p.m. for the following purpose: to solicit public comments on the proposed Amendment of the Town of Tuxedo Comprehensive Plan.

Copies of the proposed Comprehensive Plan Amendment are available for inspection at Town Hall; on the Town of Tuxedo website, www.tuxedogov.org; and, at the Tuxedo Park Library, 227 Route 17, Tuxedo, New York.

All interested persons will have an opportunity to be heard at this hearing.

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Agenda for Town Board Meeting January 9, 2017

Call to Order
Pledge of Allegiance

2017 REORGANIZATION MEETING

REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports
Town Supervisor/Town Board Update
Public Comments on Agenda Items

Agenda items:

1 .Resolution Authorizing Execution of Agreement with Warwick Humane Society for 2017 Animal Shelter Services

Public Comments
Budget Transfers
Vouchers

Adjournment

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Agenda for Town Board Vouchers Only Meeting Tuesday, December 27, 2016

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

2. Any other business as may come before the board after this agenda is posted

Adjournment

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Town Board Meeting December 12, 2016

The Town Board met on Monday, December 12, 2016 at 7:00 pm.  Supervisor Rost was absent.

Town Supervisor/Town Board Update:
Councilmember Lindsay reported that Tuxedo Hudson Company had received $750,000 from the Consolidated Funding grant.  She also thanked the Highway Department for their help in getting the new kiosk at the Train station installed.   Content will be going up in the kiosk shortly.  Right now, the content is still being printed.   Councilmember Lindsay also reported that there had been a meeting at the train station about the Pilgrim Pipeline.

Approximately 40 people from Tuxedo, Newburgh and Rockland were in attendance.  People signed up to follow through with some actions and it was generally thought to have been a very productive meeting.  People are encouraged to contact their representatives in Albany in regard to the Transportation Corporation Law amendment, which will be voted on in February.  This amendment would make it possible for Towns to ban pipelines from coming through.  Currently, Villages and Cities have this right, but not Towns. 

Deputy Supervisor Mcmillen said he’d had some questions about the deed for the easement on the Northern Tract property and asked Town Attorney Don Nichol if he had a copy of the deed.  Mr. Nichol responded that he had just gotten a copy but that he didn’t have it with him at the moment.  He further stated that it was hoped that the closing on this would be this coming Friday and that he will make sure all Town Board members get a copy of the deed with all the language. 

Public Comments on Agenda Items:
Paul Gluck asked if there had been any changes to the agreement for the Northern Tract that was signed a year ago. 

Councilmember Lindsay and Town Attorney Nichol both responded that there had been several changes made to the agreement and they both felt that it was ready to close now. 

Andy Berish asked what the proposed sign on the IGA would say.  He was told that it is a mural in two panels with a picture of a winter scene.  It is already up.

Dena Steele said she wanted to make sure that the language for the Northern Tract would not interfere with the Town’s right to participate in SEQRA or to oppose the pipeline.  Town Attorney Nichol told her that from what he’d seen, the Town retains all it’s rights to exercise its governmental rights to make sure the public’s interests are protected. 

Resolutions:
The following resolutions were passed unanimously:

  • a Resolution authorizing agreement for snow and ice control on Old Forge Road in Warwick.  This is the same agreement that has been in place for the last several years  Councilmember Loncar commented that he still doesn’t understand why the Town will no longer be plowing Long Meadow Rd. which it always used to do in return for a fee of approximately $50,000.  He said he would call the County and inquire.
  • a Resolution to approve temporary sign at Tuxedo IGA Building
  • a Resolution to extend the Building Moratorium.  As explained by Town Attorney Nichol, the moratorium was put in place so the Town could update it’s Comprehensive Plan and Zoning Code.  Since this has not been finished (public hearing to be set later in the meeting) they want to extend the moratorium for 3 months.
  • an Approval accepting bid amounts for various surplus items.  This was approved except for the ton of stone  and the “brush tire fire pump” which no one seemed to know about.  It was agreed to get answers from Highway Superintendent Dolbaum in the morning.

Other Business:
A Resolution setting a Public Hearing on the Comprehensive Plan Revisions for January 23, 2017 at 7 pm was passed unanimously.

In addition Councilmember Reardon stated that she had been informed that the Eagle Valley Fire Company needs members and she urged anyone who could do so to sign up. 

Public Comments:
Andy Berish stated he’d seen articles in the Times Herald Record about various towns in the areas getting grants and wondered why Tuxedo was not among them.

Councilmember Lindsay replied that the Town had applied for a community block grant but had not been accepted.  There was another grant available that the Town didn’t apply for because they don’t have any engineering drawings.  These grants are awarded on a yearly basis so they will reapply next year.  They are hopeful that they will be able to get some money for the engineering drawings from the Tuxedo Farms LDC

Sue Scher and Karen Dougher announced that the Coalition Against the Pilgrim Pipeline (CAPP)  has a petition available online against the Pilgrim Pipeline.  The Tuxedo members of CAPP will be working on a phone in campaign to get people to call Governor Cuomo to ask him to not allow the Pilgrim Pipeline.

Vouchers were signed and the meeting was adjourned.

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Agenda for Town Board Meeting December 12, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Resolution Authorizing Agreement for Snow and Ice Control on Old Forge Road in Warwick
2. Resolution to Approve Temporary Sign at Tuxedo IGA Building
3. Resolution to extend the Building Moratorium

Any other business that may come before the Board after this Agenda is posted.

Public Comments

Budget Transfers
Vouchers
Adjournment

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Special Town Board Meeting November 17, 2016

The Town Board met on Thursday, November 17, 2016 for a workshop meeting at 7 pm.  All members were present.

Supervisor Rost opened the meeting by stating that the Board had two different goals with the budget.  The priority for some of them is providing 24/7 police coverage, while others are concerned with controlling spending and getting the Town off the State’s stressed list while restoring their credit rating.  He added that he hoped they could work together and find a way to satisfy everyone and arrive at a compromise.

Councilmember Mcmillen commented that he had run some numbers that were a lot more specific than those that the residents were used to seeing.  He further said he felt it was necessary to have “our security” back as it’s a service he feels the Town can’t afford to be without.   Explaining that the Board had discussed several different scenarios, he stated that they were “thinking about using part timers,” and for him part timers “aren’t a wish, they’re a need.”  He further disclosed that there is a $135,000 “bucket of money” set aside with which to pay for a full time police chief and partially staff the A line with part timers.  He has considered what’s it will look like for the town monetarily if they staff the A line fully with part timers as well as the vacancy that exists on the force and he has concluded that this would cost $217,000.  To him, the irony of this is that this cost is less than that of hiring one full time officer!  To do this would require a 2.9% increase in the tax levy.  He added that he understands the desire to stay under the tax cap, but, in his view, the prior administration’s having done that doing that is what got the Town where they are today.  He went on to state, “if you’re looking to what I want to do…..I want the $217,000.”

Supervisor Rost commented that it wasn’t so much that the prior administration had kept the budget at the tax cap, it was that they simultaneously increased spending. 

Councilmember Mcmillen responded “last year, you asked for the Board to be in solidarity and we gave that to you.  We were at a difference of 3% at that point.  If we’d built that in then, we wouldn’t have a problem now.  Now, I’m asking you for the $217,000.”

Councilmember Loncar commented “I totally agree with Dave.”

The Supervisor summarized by saying “we cut the 3% last year and now you’re looking to put that back? We’re right back where we were last year!”   Councilmember Mcmillen agreed.

Councilmember Reardon inquired “what’s changed since then?  What’s the difference now?” She added that Councilman Mcmillen was calculating using the $135,000 that had already been set aside and further commented that he had to realize that it had taken a lot of work to come up with the $135,000!

Councilmember Mcmillen then asked “if you add that back in, where are we at…because that would be the cost to pay for a full time police chief, right?”

Supervisor Rost then interceded saying that the Board had not even agreed on whether they would be hiring a full time or part time Chief. 

Councilmember Mcmillen admitted this was so and further stated “we don’t even have a Collective Bargaining Agreement (CBA), Mike, and we need to be prepared for that!”   He went on to suggest “not having a midnight shift makes the Town unattractive to businesses and new residents!”

Councilmember Reardon wondered if this was on the top of the list as to why people weren’t coming to Town?

Councilmember Loncar stated “It’s a major issue in this Town!”

Councilmember Mcmillen added “how about property devaluation?” 

Councilmember Reardon responded “well, my property taxes certainly haven’t gone down! Perhaps we need to have a total reassessment of our properties and what will that do to our budget?”

Supervisor Rost stated that “property value, according to the State Comptroller, has gone down 7% in the last 4 years.”

Councilmember Mcmillen then stated, “we know the State Police solution isn’t working and I can provide a series of logs that will prove it. Just the other day, the Village police refused to respond to a 911 call!”  He then suggested “since we know that they are violating Town Rule 150, let’s assess the Village the tax!” 

Supervisor Rost responded that the Village is counting their Chief as a full time employee. 

Councilmember Mcmillen countered with “I have it in writing from Steve Gross at Orange County Human resources that the Village Chief is not  classified as a full time employee.

He makes $32,000 a year and he does not have a ‘201 waiver.’”  He went on to reiterate his suggestion that since the Village is “violating Town Rule 150, let’s put the onus back on them to cover the difference.”  

Supervisor Rost responded that the proposed budget gives the Town extra coverage.  It will give the Town a will call and also coverage on the weekends. 

Councilmember Loncar replied “but if something happens on a Wednesday night…….it’s a problem!”

The Supervisor said “It IS a problem.  Do I want 24/7 police coverage?  Absolutely I do, but the problem is that police costs have gone up 91% since 2006 and the taxes didn’t come up with it and we didn’t cut spending anywhere else and we went into the savings account to pay for it.  That’s kind of what you want to do now and that didn’t work for us before!!”

Councilmember Mcmillen asked “what level of tax levy are you opposed to?  Any?”

The Supervisor replied “I wanted to stay below the cap so that we can send a message to people that we have our spending under control.”

Councilmember Mcmillen stated  “I am not going to worry about a tax rebate of $200 to a taxpayer right now.  We need our security back! This is said to me over and over again by the taxpayers around town.” 

The Supervisor replied “and I have gotten calls from taxpayers all over town saying ‘it’s a great job you guys are doing and we appreciate that we are going to get more police coverage and we understand it’s going to take a little time to get back to where we were.”

Councilmember Mcmillen asked “then what was your idea of getting back to that level?  How many days of the A line were you going to pay for with what’s in the budget?”

The Supervisor responded “I wasn’t just looking at the A line.  I was also looking at putting part timers on planned overtime which gives us additional money.”

Councilmember Mcmillen replied “we didn’t argue with you last year when you made a great argument that we needed to be in unity.  It was for 3% and now that’s what we’re talking about here.” 

The Supervisor reminded the Board that the budget had been out since the end of September. He wondered if anyone had looked at it to see where else there might be money in the budget? 

Councilmember Mcmillen stated that he felt it was unfair that the school and the library get to raise their money by referendum but 5 people have to sit at a table and make the decision for the Town. 

Councilmember Reardon replied that “it’s not fair, but until we decide to take on that issue, it’s what we’ve got.”

Councilmember Mcmillen then said “well then we have to weigh it like this:  a couple hundred grand….or full security for your residents? How can you weigh that?”

Councilmember Lindsay responded that she thought one thing the Town could do would be to approach the Village and work out the problems with the coverage from their police.   In her view it is unacceptable that the Town police assist the Village but they can refuse to reciprocate.

Councilmember Mcmillen then asked “were the dispatchers in the 2016 budget?”

“You know they were,” was the Supervisor’s reply. 

“So how much money did we lay out on that?” was Councilmember Mcmillen’s next question.

“You know that too,” replied the Supervisor “it was $200,000.”

Councilmember Mcmillen then stated “I’m just getting it in public.”

Councilmember Loncar then commented “I told you this couldn’t be done.  You said it would take a month to get back to where we were.  It’s been 10 months.”

Supervisor Rost countered “did we know that the ambulance corps was in the shape it was in?  Did we know…..”

Councilmember Loncar interrupted “Listen……..”

Supervisor Rost kept talking “No, YOU listen.  You are the reason we’re in this mess!  How many years did you sit up on the dais and vote for budgets when you didn’t even know the numbers?!! The Town was a MILLION DOLLARS SHORT when we took over!!”

Councilmember Loncar: “let’s get the facts out!  Because of a bad accountant, we had NO idea.” 

Councilmember Mcmillen then stated that he thought the finances made a good picture right now.  Even with the “small carry overs, we came out flat at the end of the year.  Why can’t we do the same thing with this?”

Supervisor Rost responded, “if we’re that close, why cost the taxpayers their rebate?  Why can’t we find the money within the budget?”

Councilmember Mcmillen stated “we tried. How about if we borrow money from our reserve fund at an interest rate over 5 years?”

Councilmember Reardon immediately joined in saying “you do NOT want to borrow money! Moody’s and the ratings agencies have already downgraded us again; you do NOT want to do that.  It sends a bad message. Our goal, and it’s what we said last year as well…we need to turn this ship around. We knew it would be slow but you have to find a way.  If we want to do this, you’ve got to cut something else.” 

Councilmember Mcmillen: “so you’re saying we should stay at the cap?”

The Supervisor interjected “why cost the residents their $280 rebate?”

Councilmember Mcmillen interrupted him “Really? I can’t believe you’re saying that! $200? How about if I donate my salary back?  I make $3.38 an hour.  If we all did that, it would add up to $26,000 for the cause.  Really?”

The Supervisor replied, “Really?  We can’t find the money in the budget?”

Councilmember Reardon commented “It sends two messages. First it gives the taxpayers a little bit of a break.  The people who come to this room tell us that $200 a year makes a difference to them.”

Councilmember Mcmillen responded “how do we know that without a referendum because I’ve got people telling me they’d pay 5-6% to get the cops back.”

Supervisor Rost cut in with “and I’ve got people calling me saying ‘thanks for sticking to your guns.’”

Councilmember Reardon continued “we have to look at the information we’ve had from other towns and statistically, we’re outliers. With the size of our Town and the size of our population, we have more police than towns our size and bigger! But, there is no higher priority than our residents safety.” Councilmember Mcmillen then stated he was a fanatic on this subject.

Councilmember Loncar chimed in with “there’s nobody on in the middle of the night.  We’ve had domestics that nobody has responded to.  Somebody’s going to get killed and then what? It’s just a matter of time.”

Councilmember Mcmillan stated that he was “all for trying to find $217,000 but we just don’t have it! We’re forced to make the tax levy.”

Councilmember Reardon added “the other thing that’s worth noting is that since 2006, we have a 91% increase in the police budget!”

Councilmember Mcmillen then wanted to know “what’s it look like now after we gutted it last year.  It’s a new baseline now.”

Councilmember Lindsay commented that she thought the Town needed creativity.  She feels the Board has had some opportunities this year.  For example, the Town could have had a solar field that would have raised $45,000.”

Councilmember Loncar interrupted with “Right…on a $2 million property!  That doesn’t make any sense!” After some back and forth quibbling about the value of Quarry Field, Councilmember Lindsay continued with “why can’t we take the $135,000 that’s already in the budget and then use some creativity like a solar field or a community choice aggregation energy buying plan to add to that amount to get where we want to be.” 

Councilmember Mcmillen interrupted her with “it still doesn’t solve our security problem!  This impacts the Village too, you know.” 

Councilmember Lindsay went on to say “To try to have a full part time force by January 1 will be difficult if not impossible.  The Village has been trying to do it….”

Councilmember Mcmillen continued “we can’t have it on January 1 because we don’t even have a collective bargaining agreement and it could be that they will reject our offer and we won’t be able to do it at all. And we have to let the police know what the projected amount is that they will have to work with.” 

Councilmember Reardon replied “they know.” 

Councilmember Mcmillen responded “no they don’t because we don’t even know!” 

Councilmember Lindsay restated that she would like to go with the plan of still trying to work to find some creative solutions to finding some revenue.  She then asked if Lt. Norton or anyone could tell her what the total was this year versus last year in ticket revenue.    
Lt. Norton said he didn’t know.

Councilmember Mcmillen remarked that ticket revenue didn’t go into the B fund, it goes into the A fund so it’s irrelevant for financing the A line and he considers that a tragedy.

Councilmember Reardon commented that the Board all knew this but every little bit helps. She continued that since they have been seeing monthly reports, they all know that this revenue is down and income has been lost.”

Councilmember Mcmillen replied “well, yes because of the cuts that were made to the department.”

Councilmember Reardon replied “not just because of the cuts.  If you look at the number of tickets written for the number of officers on duty, the number is down.  I don’t know if that’s because they are expressing displeasure with us or some other reason. And, when they aren’t writing tickets, then they aren’t protecting us.”

Councilmember Mcmillen admitted it had been an issue and the revenue was low but, “when we brought it to their attention…”

Councilmember Reardon interjected “it stayed low.  We brought it to their attention and it stayed low.  It’s only within the last month or so that it has started going back up!” 

Councilmember Mcmillan countered with “we’re not talking about police performance here.  We’re talking about how to enable them to perform.” 

Councilmember Reardon replied “for me, it does pertain.  If I saw those officers, the ones who were here last year complaining about the proposed cuts, out there performing, it would say to me that they care about the people in this town, that no matter what happens they are going to protect us.  But I kind of felt like that wasn’t the case.” 

Councilmember Mcmillen then said he saw her point and agreed with her, but that it still wouldn’t produce enough money to solve the problem. 

Councilmember Loncar stated they he felt they could count on getting the part timers (although this has not been agreed to yet by the police union). 

Supervisor Rost said that the “corporate view” would be “this is what you’ve got, go work with it. You’ve got 4 corporate people on the board, let’s think corporate.  You’ve got $135,000 and we say we need another $90,000. But maybe if you knocked off one day out of the week……there are a lot of different things we can do.” 

Councilmember Lindsay suggested “since nothing will happen as of January 1, we could start off with a few part timers and slowly build up our part time police force.”

Councilmember Loncar disagreed  “You’ve got to budget for it.  Either it’s in the budget or you can’t do it!”

Councilmember Mcmillen asked “are you talking about starting with the A line on Friday, Saturday and Sunday and then moving it up?”

Yes, he was told.  The price for that would be $40,000. 

The Supervisor pointed out “now you’re looking for $50,000.  We started at $90,000 and now we’re at $50,000.  I think we can find that during the year.” 

Councilmember Mcmillen stated that the only way to get this done is if the cooperation between the Town and the Village was reestablished. 

Councilmember Lindsay agreed saying she had already spoken a little bit to the Village Chief about it and was trying to set up a meeting with him. 

Supervisor Rost also suggested that they could set up a routine where officers who weren’t working would be “on call” and if something came up and they were needed, they would come in and work for overtime. 

Councilmember Loncar said he would ease up on his position if the Town got an agreement from the Village that they would be willing to come in and help out.  Councilmember Mcmillen said that was where he stood as well. 

The Supervisor and Councilmember Mcmillen were in agreement that they could work out a plan.  Then Councilmember Loncar interjected “but does that include a full time Chief?”

Councilmember McMillen then expressed his bewilderment that for such a “small amount of money,” they couldn’t just add it to the budget. 

Councilmember Reardon responded “but then you are exceeding the tax cap and that sends a very bad message to the State and to Moody’s and the other ratings agencies.  You have to look at the optics of what is being proposed.  We’re giving people back what we all agree is a minimal amount of money but it shows them that we are making progress, that we’re taking the steps that are necessary and building a foundation to push the Town forward.  We are still in significant debt.”

There followed a disagreement as to whether or not the Town had a reserve fund.  Town Account Andrew Arias confirmed that there is not a reserve fund.  He added however that he thought the Town was in a better position with the proposed budget and that there was every possibility they would be able to find the money they are looking for at some point during the year. 

Councilmember Loncar then commented “so you are saying in 6 months, we will be able to fully staff the A line?”

He was told that this is what the goal is but it will depend on whether or not the police are willing to make some concessions.

Councilmember Loncar then said “it’s not about the police making concessions.  It’s about the public safety.”

Councilmember Reardon responded “you can keep singing that song, but at what cost?”

Councilmember Mcmillen stated that he was willing to vote for whatever cost was necessary to bring back a fully staffed A line.

The Supervisor countered that he felt they could sharpen their pencils and find the money without raising the tax levy.

Councilmember Mcmillen said “well how do we do that?  Guarantee that in 6 months, as of June 1, we will fully staff that midnight shift?”

After some more discussion, Councilmembers Mcmillen, Reardon and Lindsay all agreed that they could find the money in the budget. 

Supervisor Rost added that he felt they also had to look at some creative solutions about how the actual staffing would take place.

Councilmember Mcmillen then stated that upon further consideration, he was not going to give in.  “Last year, we were at 12.9 and you guys wanted 9.9 and we gave in for unity.  But, I’m sticking to my guns this year.  I’m gonna vote no.  If you have the votes, then go ahead and vote on it!  I’m a taxpayer.  I want my police.  I don’t care what plan you have in mind.”

Councilmember Loncar added “you’ve got to find the money for me to vote yes on this,” and Councilmember Mcmillen agreed. 

Town Accountant Arias explained to Councilmembers Mcmillen and Loncar that finding the money really was possible with Mcmillen adding “if it was that simple, why did it take us so long to get there?”

Councilmember Reardon responded “why? Because you just had a conniption fit!”

And Councilmember Mcmillen replied “conniption?  Then you had a conniption last year.  You forget that we gave you solidarity last year.  There’s no solidarity in this board.  It’s the worst board in Tuxedo’s history.  Really.”

Councilmember Reardon responded “really?  If you’re not happy with it, then please keep your comments to yourself and let us do the work.” To which Councilmember Mcmillen replied “really?  I’m the one doing all the work now!”

Town Accountant Arias then pointed out that as example, the budget line for police contractual (expenses at the department, repairs to cars, etc) had room, in his opinion to be reduced.  He had other suggestions as well concerning lines where there would be money left as the year unfolds.  When asked where the Town stood on the 2016 budget vs actual figures, he reported that, in his opinion, he felt the Town would break even.  

Councilmember Loncar then stated, again, that he wanted an agreement from the Board that they would fund a full A line as well as a full time chief.

Supervisor Rost responded that the full time chief is not in the budget per se.  What is in the budget is the “bucket of money” or the $135,000 and it will be up to the Board to figure out how to spend it.

Councilmember Mcmillen then stated that as long as there was enough money to fund a fully staffed A line at some point during the calendar year and they have enough money left over to fund at full time chief if they decide to go that way, he was ok with the budget. 

When asked where he stood, Councilmember Loncar again repeated that his goal was a full time police chief and a fully staffed part time A line.  Councilmember Mcmillen told him he thought that’s where they were.   

After some further discussion with the accountant about specific items in the budget, Councilmember Loncar stated that he was ok with the solution about the police as long as the Board did what they said they would do and Councilmember Mcmillen agreed.

The meeting was then adjourned and a regular Board meeting was convened.  The only business was a resolution to adopt the 2017 Preliminary Budget as the Final Budget.  It was passed unanimously.

The meeting was adjourned. 

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Agenda for Town Board Meeting, November 28, 2016 - Vouchers Only

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

Adjournment

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Town Board Meeting November 14, 2016

The Town Board met on Monday, November 14, 2016 at 7:00 pm.  Councilmember Reardon was absent.

The meeting opened with a Continuation of the Public Hearing on the 2017 Budget:
There were no comments from the public, so the public hearing was closed. 

Town Supervisor/Town Board Update:
Supervisor Rost reported that work continues at the Highway Department.  While the Town is waiting for guidance from the DEC to establish­­­­­­­­­­­ measurables that are used on the property, the Supervisor expressed gratitude to Ben Veltidi and Irwin DeMarino for all the work they have done on the property at no expense to the Town.  The goal is to make sure that the Town recovers from the past and is protected in the future.          

Turning to the budget, the Supervisor commented that he had noticed a big difference from working on last year’s budget.   There were a lot of painful cuts from various departments and morale has been low, but he thanked each and every employee in all departments for working through the challenges.  He further cautioned warned that this trend would need to continue until the Town is back to where it needs to be.  He believes that the 2017 Preliminary Budget is fiscally responsible as it remains below the tax cap and also allows for an increase in police coverage while addressing the deficit.  He asked everyone to keep in mind that the Town has a five-year recovery plan.  Finally, he reminded everyone that since this is the Preliminary Budget, Board members have the opportunity to make changes to it.

Moving on,  Supervisor Rost  reported that the Pilgrim Pipeline will be moving to the top of his priority list.  Councilmember Lindsay has been the lead on this project and she will continue in that role and the Supervisor will work with her.  They will keep the Board and the public informed.  The Board has adopted resolutions in opposition to the Pipeline and they continue to oppose it.

With respect to Tuxedo Farms, the Supervisor reported that the wastewater treatment plant is on schedule to be completed by the end of the year.  Also, Related continues to work on their infrastructure.  In a recent conversation with Andrew Dance, he informed the Supervisor that they are planning on trying to court interested builders for the project.

Transfer of easements – This has taken longer than anyone expected but the Town and Village have both been able to negotiate and sign a declaration of covenants and restrictions which takes the terms and conditions of the entire Special Permit and places them into a­­­­­­­­­­­­­­­­­­­­­­­­­ land use plan that has been subjected to SEQRA and regulatory approval making the covenants enforceable by the Town against subsequent owners.

Councilmember Lindsay reported on the meeting held in the last week with Con Ed Solutions The Town will need to find a 3-acre plot within the Quarry Field property that won’t  interfere with plans for future Town building or recreation.  If this can’t be done, they will have to look again for another location.   There isn’t time to get this done by the end of the year, but provided they can find another location by the end of the first quarter of 2017, they would still be able to take advantage of the incentives and regulations offered in the Power Purchase agreement.  After that time, regulations are bound to be changing.   

Councilmember Mcmillen asked for an update on the planned kiosk.  Ms. Lindsay responded that it had been ordered and is being built.

Public Comments on Agenda Items:
Stating that her comments were on the Board updates, Dena Steele first asked that the entire Board get involved in the Pilgrim Pipeline proposal.  Specifically, she urged them to contact and meet with State representatives to implore them to pass the Transportation Law Amendment, which would give Towns the right to restrict regulated pipelines coming through their jurisdiction.  Secondly, she addressed the proposed solar project about which she has 3 main concerns:  1-the financial projections for the project and how detailed they are, 2-the structural arrangements for the field and 3-the site selection.  Specifically, she is concerned about the possibility of the project being located in a flood plain.  Also, she feels that solar panels are “unattractive,” and it would be a shame to have them visible as one drives down Route 17.    She was told that her concerns were also the concerns of the majority of the Board.  In particular, Councilmember Loncar is opposed to the location in Quarry Field as he wants that property to be preserved for future recreation. Councilmember Lindsay added that if the Board decides to pursue this project, all of these issues would be covered in the SEQRA process.

Jim Hays reported having attended the recent Town Planning Board meeting where Tuxedo Farms was granted an extension for their filling, grading and clearing permit.  At that time, the representative of Tuxedo Farms stated that at the present time, there are no contractors interested in building any houses on the property.  Mr. Hays wondered if the Board could give him an update as to where the project currently stands as he is concerned about their continuing cutting down of trees if they aren’t going to build anything.

Supervisor Rost reiterated that in his conversation with Andrew Dance that afternoon, Mr. Dance had said Related planned to court builders to come in and build houses so they will continue to work on their infrastructure.  Now that they have reached a certain point in the project it is time to put on a full court press to bring builders in. 
Mr. Hays wondered if there was a time line for the project?  Will they continue to clear indefinitely if no builders come in?  Will the Town keep giving them extensions? 

The Supervisor responded that the Town had the same concerns, which is why he had called Mr. Dance that afternoon. 

Mr. Hays mentioned that he was concerned that Related might walk away from the project.  He further pointed out that a lot of time had passed without any prospects for builders.  Therefore, it seems to him that Tuxedo Farms must have a Plan B, C and possibly D.  He wondered if the Supervisor could tell him what those plans were? What happens if they never get anyone who wants to build on the property?

Supervisor Rost responded that Related’s plan A, B, C & D was to develop the property. 

Mr. Hays replied “well, that’s what they tell you, but I don’t think you can believe that!” 
The Supervisor responded “well if you’re saying I can’t believe them and I ask them what their Plan B, C or D is and they tell me, I wouldn’t be able to believe that either.”

Mr. Hays said he thought the Town ought to press the developer and the Supervisor repeated that it is his opinion they will just tell him they are going to sell the property to builders. 

Mr. Hays then wondered who on the Board was responsible for dealing with Tuxedo Farms?

The answer was the Supervisor. 

Mr. Hays then said he thought that the Board and the Town had the right to know what Related’s plans were for the property. 

“They’re going to build houses,” was the Supervisor’s reply.   “If they’d wanted to sell off the property, they could have done that years ago.”  

Agenda Items:
The following resolutions were considered:

  • A Resolution to approve relief from the Building Moratorium for the Orange County Dept. of Emergency Services.  Alan Wierzbicki, Deputy Commisioner of Emergency Services for Orange County, explained that they were installing a new system for 911.  There is a problem with radio coverage in the Eagle Valley area.  They are looking to be able to install a new, bigger tower.  He mentioned that adding room for a cell tower was possible.  This possibility was enthusiastically endorsed, especially by Councilmember Loncar.  Mr. Wierzbicki was referred to the TAC Committee for their review. Relief from the moratorium was granted.
  • A Resolution to adopt the 2017 Final Town Budget – Councilmember Loncar stated that his only comment on the budget was a public safety issue.  Since the Town doesn’t have police coverage in the middle of the night, and he feels that it is the number one priority for the Board to provide that safety to it’s residents, he doesn’t feel he can vote for the budget without having the overnight shift restored.  He is also 100 per cent against a part time Chief for the police department.  Councilmember Mcmillan responded that the money was in the budget should they choose to go with a full time police chief.  The Supervisor stated that there is $135,000 in the budget to deal with possibly increasing the “A line” as well as for the Chief.  He also expressed frustration that this should have been discussed and settled at the budget workshop (not attended by all the Board members).  Instead, here they were at the last minute still wanting to discuss other options.  He stated that the options right now were to a-go with what was presented or b-make a motion to raise taxes in order to fund what Councilmembers Mcmillen and Loncar were suggesting (a full time Chief as well as full coverage of the overnight shift) or c-make a motion to make cuts somewhere else in the budget.  Councilmember Loncar suggested another workshop.  The Supervisor asked if everyone would commit to attending the workshop?  Since the Budget needs to be adopted by November 21st, this doesn’t leave a lot of time!  The Supervisor noted that the reason he felt it was so important to stay below the tax cap is because the State has placed the Town on the “seriously stressed list” and Moody’s has downgraded it.  If the Town were to exceed the tax cap, it won’t have much of a chance to get off that list!  It was finally agreed that individual Board members would go to Town Hall and meet with Bookkeeper Brian Sullivan to try to find additional places to cut funds from the budget. Since Mr. Sullivan will not be available on Wednesday, that would have to happen on Tuesday and then the Board can have another meeting on Thursday night.  The resolution was then tabled.
  • A Resolution to grant a Special Permit for Our Lady of Guadalupe Torch Relay Run.  This is an annual even and the resolution was granted unanimously.

Public Comments:
Jerry Mottola wondered why the money for the police couldn’t come out of the money set aside for “fund balance restoration?” 

Supervisor Rost responded that it could if everyone wanted to take 10 years, instead of the planned 5, to restore the balance.  It was also explained to him that the State Comptroller had guidelines about restoring the balance that the Board wants to adhere to. 
        
Other Business:
Town Clerk Donna Matthews reported that she has received numerous complaints from residents of Hospital Rd.  Historically, the entire loop up and back to the Promenade site was one way (one way up and one way down on the other side).  At some point when the Promenade came, it became a two way street and people feel that it’s dangerous.  The Board asked Town Attorney Nichol to look into what the process would need to be to make this change. 

Vouchers were signed and the meeting was adjourned.

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Agenda for Special Town Board Meeting November 17, 2016

Call to Order
Pledge of Allegiance

Public Comments on Agenda Items

  1.   Budget Workshop
  2.   Resolution to Adopt 2017 Town Budget
  3.   Any other Business as may come before the Board after this Agenda is Posted

Adjournment

Note:  Members of the public are welcome to attend and listen at workshop session; however, no audience participation will be accommodated.

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Town Supervisor's Update November 14, 2016

Hello Tuxedo,

We will be voting tonight on the adopting the 2017 budget and I want to inform you of the progress we have made.

The 2017 budget will address a majority of the concerns affecting our Town. 

Fiscal:
The budget is not only balanced but has $250,000 set aside for fund balance restoration.  This means that Tuxedo will finally have a cash reserve for “rainy day.”  In addition, there is a contingency line item to ensure dollars set aside for a reserve will be used for that purpose.  As many of you are aware, upon taking office we inherited a budget deficit in excess of $1,000,000 and the Town board is committed to returning Tuxedo to solid financial footing. 

Tax Cap:
For 2017 we will remain under the cap and our residents will enjoy a rebate from the State of NY.  The increase will be 0.76%.

Police Protection:
We have heard from our residents and our volunteer first responders who have concerns about safety.  The 2017 budget has dollars included to fund additional police coverage for our protection.  While it will take some time to return to 24/7 coverage, we are taking steps to increase police protection from 2016.  The board wants the most protection we can provide at a cost that we can afford.  800 homes simply cannot sustain the police department at its current structure of $200,000 in total compensation per officer on average.  We are working with the Police Union and the State to modify our force to allow for part time officers to pick up some of the exposure and lower the costs to our taxpayers while maintaining the current, outstanding officers we have on our force.  It is our goal to work with the Police department to identify creative win-win solutions to produce a fiscally responsible path forward. 

Board members will have opportunity to make changes in the budget before adoption.  But, in its current form, the 2017 is a responsible budget and more than balanced.  It will increase police protection, improve our fund balance, set aside monies for unanticipated expenses while allowing our residents to enjoy a state rebate check for staying below the property tax cap.  While we have much work ahead to control spending and restore our fund balance, we have made some real progress with putting a structure in place to ensure our success in years to come. 

The Town is on the State’s “seriously stressed” list and has been downgraded again by Moody’s.  Controlling spending is the only way to change our fiscal situation.  Together, we worked through a very difficult 2016, but 2017 promises to be better.  That being said, we need to maintain the focus on controlling spending and identifying creative solutions. 

Michael Rost
Supervisor-Town of Tuxedo

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Agenda for Town Board Meeting November 14, 2016

Call to Order
Pledge of Allegiance

Continuation of Public Hearing on the 2017 Preliminary Budget

Minutes
Monthly Reports
Town Supervisor/Town Board Update
Public Comments on Agenda Items

Agenda Items:
1. Resolution to adopt the 2017 Final Town Budget
2. Resolution to Grant Special Permit for our Lady of Guadalupe Torch Relay Run
3. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting October 24, 2016

The Town Board met on Monday, October 24, 2016 at 7:00 pm.  Councilmembers Loncar and Reardon were absent.

Supervisor Mike Rost opened the meeting with a public hearing on the Preliminary Budget.  Town Auditor Andrew Arias and Bookkeeper Brian Sullivan were present to answer any questions the public might have.  A copy of the budget can be viewed here:

Ed Brennan asked if there was money being put into the budget for reserve funds?  He was told that $250,000 was put in for fund balance restoration.  There is also a line for contingency funds. 

Nick Balistreri wanted to know what the “base” is for the Town.  The Supervisor told him there were approximately 800 homes outside the Village of Tuxedo Park. 

Vera Johnson wondered if anyone knew what the plans were to repave Route 17?  She was told that the road is a State Highway and, as such, the State will be in charge of repaving.  Councilperson McMillen added that the police chief had told him that State Highway workers had recently been seen doing measurements on it is assumed that this was for a repaving project.  The Councilman said he would look into it and try to have more details by the next Board meeting.

There were no further questions from the public so the hearing was continued to the next Town Board meeting, which will be on November 9.

Public Hearing to receive comments regarding Introductory Local Law “Repeal of Obsolete and Redundant Fire Prevention Local Law”:
Andy Berish asked for an explanation of the law.

Town Attorney Howard Protter explained that around 1984 the Town had adopted a law to provide for installing sprinklers in properties that otherwise weren’t required to be sprinkled.  Since that time, State law has changed several times and now our law is redundant and not as comprehensive as the State law.  Since we currently enforce the State law, this will just clean up the Code and get rid of any confusion for the Building Department.       

Mike Santoianni inquired if the State law was more restrictive than Town law.  The answer was yes and also much more comprehensive.

As there were no more comments or questions, the hearing was closed.

The Board then unanimously passed a resolution repealing the local law and adopting the state law in the Town code.

Town Supervisor/Town Board Update:
Supervisor Rost reported that he had been spending the majority of his time working on the budget.  Along with auditor Andrew Arias and bookkeeper Brian Sullivan, he has been cleaning up the budget. One such measure has been to add more lines so that residents reading it will be able to get more information.   Additionally, he said that Irwin DeMarino and Ben Veltidi are still working with the DEC to clean up the Highway Department property.  They are coming to a resolution as to what soil can be touched and what can’t.  They have been working on digging up the stumps that were buried under the dirt piles and will begin grinding those up.  The DEC is testing all the dirt and there is still some dirt that the Town can’t touch because they are waiting for results of the testing. 

Councilperson Lindsay reported she has submitted the grant application for sidewalk improvements in the Hamlet.  She added that this is the second application that she has worked on that requires engineering plans and the Town doesn’t have any updated plans.  She proposed getting some new plans done and is hoping that there might be some funds in the LDC to pay for them.  

Additionally she said she had forwarded the Board  plans from Con Ed Solutions for the proposed solar project on the Quarry Field property.  They are projecting a reduction in electricity costs by 30-43%.  The proposal is for a 750 kw system and would produce electricity for the Town offices, Village offices and hopefully, the School.  There is a deadline of November 14 for the Town to decide and state whether they are going forward with the project or not.  She wondered if the Board wanted to have another meeting before that time for the purpose of meeting with Con Ed Solutions to discuss plans for the project and answer questions.  The Board thought another meeting would be a good idea and will schedule one.  If they decide to go ahead with the project, there will still be “off ramps” so they can decide down the pike not to move forward if they don’t want to.

Public Comments on Agenda Items:
Diana Petrosky wanted to know who was involved the tax certiorari proceedings in Item # 3.  The answer was David Dangoor

Jerry Mottola inquired as to who owns the Superfund site on Route 17.  There was some confusion as to whether or not the property reverted to Town ownership after a set number of years.  Town Attorney Howard Protter said he would check into this.

Agenda Items:
The following items were passed unanimously:

  • Budget modifications. – Modifications were made to certain lines in the current budget so to correct projected deficits.
  • A Resolution to approve 2017 Woodlands Sewer rates.  There was no change from last year’s rates
  • A Resolution retaining Jacobowitz & Gubitz LLC in 2016/17 Tax Certiorari Proceedings

Public Comments:
Nick Balistreri representing the residents of Patterson Hill wondered if the Town had made any resolution to their request to have the Town continue to maintain their road.  He feels that the issue is pretty straight forward as the Town has been maintaining it for 20 years. 

Supervisor Rost responded that the Board had heard all of Mr. Balistreri’s arguments, which were put forward at the last meeting, but the issue is still being researched and worked on by the Town Attorney because the road was never dedicated to the Town. 

Janet Galuska stated that when the seniors met in Town Hall and then exited the room to the outside at night, there was not enough light for them to get to their cars.  

Sue Scher announced that the Tuxedo Historical Society is having an Antiques Appraisal Day on Saturday, October 29 from 10am to 1 pm followed by a speaker at 3 pm.

Deputy Supervisor David McMillen announced that on behalf of acting police chief Norton, there will be a curfew imposed on all Town residents for October 30 and 31. Everyone 16 and under must be off the streets and home by 9 pm on both nights unless accompanied by a responsible adult.  Additionally the police will be participating in No Shave November in order to call attention to cancer. 

Vouchers were then signed and the meeting adjourned.

After the arrival of Town Planner Bonnie Franson, the meeting became a Workshop on the Proposed Pilgrim Pipeline. 

Councilperson Michele Lindsay opened the meeting stating that on September 14, the DEC and the Thruway Authority, who are co-Lead Agencies on the project, issued a positive declaration for the proposed project.  This means that “there is a potential for multiple significant adverse environmental impacts from the construction, operation and maintenance of the Pipeline.”  Both Mrs. Lindsay and Ms. Franson have been calling the DEC to ask for the schedule and any updated maps of the project that they might have but so far they have not gotten any results. Because the Town does not want to be caught off guard once the official environmental review starts, they are starting to work on their submission.   Additionally Councilperson Lindsay disclosed that their attorneys had advised them that representatives of the Pipeline and Tuxedo Farms are in negotiations to change the route of the project so that it will no longer go through the Tuxedo Farms property but instead through the Northern Tract. As the Town Attorneys are currently reviewing the easements for the Northern Tract, there won’t be any changes to the map until those are finalized.   The plan is for the Town Board to submit their own concerns and questions about the proposed project for the environmental review and the public will also be asked to submit their views separately. 

There is a State law, which says that Villages and Cities are allowed to veto a project such as the Pipeline.  The Village of Tuxedo Park has already sent a letter doing this. There is currently a proposal in Albany, which would extend this right to Towns. 

Ms. Franson displayed maps of the proposed route of the Pipeline.  These maps, however, have not been updated in quite a while and they do not take into consideration any of the negotiations that are currently ongoing.  

Additionally she reported that the Pilgrim Pipeline has already prepared a DEIS document which they were hoping to submit to the DEC and Thruway Authority.  However, those agencies did not accept it, determining instead that the agencies will be required to hold formal public scoping sessions.  The dates for these sessions have not been determined nor has it been announced where the sessions will take place.  There is some feeling that since the proposed Pipeline is so long, there will be multiple sites for the scoping sessions. 

Ms. Franson has been working on the Town’s questions for the scoping documents and as such as been working on a list of resources within the Town that they would like to see protected.

Additionally, she reported that the old airfield in Sterling Forest, which was the proposed site for the Casino, is slated to become a staging area for the Pipeline project. 

Some of the resources that the Town will be concentrating on for the Scoping Session are the Ramapo River (a sole source aquifer that is protected because it’s a source of drinking water and is situated in a flood plain) the wooded parklands surrounding the Town are part of an important birding area (so designated by the National Audubon Society as well as the DEC) and endangered species which are present in the Town (timber rattlesnakes and others)

Following the scoping session(s), the project will follow the regular SEQRA process. 

Ms. Franson then took comments and questions from the audience along with Councilperson Lindsay and Sue Scher and Karen Dougher, who are members of the Coalition Against the Pilgrim Pipeline.

Jim Hays wondered how deep the Pipeline would be buried.  The answer was it varies.  The minimum depth seems to be 6 feet, but when it goes under the Hudson River, it extends to 40 feet. 

Someone asked if they would be condemning property.   Karen Dougher responded that as an oil transportation company, they have the right of eminent domain “should it be decided that there was a benefit to the public.”  Despite these plans, the Pipeline company has not been in touch with Sterling Forest State Park or PIPC both of whose properties are in the proposed route. 

Speaking as School Board President, Diana Petrosky expressed concern because it looks as though the route will go right through the property, which was slated to be donated to the School District from Tuxedo Farms. She wondered this would have any effect on the Special Permit and/or if the School should be negotiating for different property?  No one had an answer to that but she was encouraged to have the School Board make a statement about this during the scoping process. 

Town Planner Franson mentioned that the Village of Tuxedo Park should get involved as the proposed route does go near and through some of their infrastructure (roads and water lines) which needs to be pointed out.  She also pointed out that as far as alternative routes go, it is important that we see the route during the DEIS process and NOT during the FEIS process because if it happens then, there would be no opportunity for public comments and questions which would need to be addressed. 

Gary Pompan stated that in his opinion if the Pipeline is routed through the Tuxedo Farms property, it would have a huge negative financial impact on the project and ultimately the Town.  Supervisor Rost commented that it would kill the project.  Mr. Pompan then wanted to know what the status of Tuxedo Farms was, specifically whether it was going forward or whether they applying for extensions?  Ms. Franson responded that Related had been in front of the Planning Board and had received clearing, filling and grading permits and, as such, have been grading out certain neighborhoods to accommodate the utilities for the project.  They are continuing on.  The Wastewater Treatment Plant is on schedule and is due to be finished by the end of the year.  Tuxedo Park Mayor Guinchard commented that it seemed to her that Related would not be proceeding in that manner if the Pipeline were going to come straight through the middle of their project.  Therefore, she thinks that it’s more likely that there will be an alternate route.  However, she thinks it would be prudent to research all possible alternatives. 

Jim Hays stated his feeling that it would be important for the Towns and Villages along the proposed Pipeline route, along with organizations such as Scenic Hudson, to get together and share concerns.  He was told that the Coalition Against the Pilgrim Pipeline had been in contact with every municipality along the route along with Scenic Hudson, Riverkeeper and OSI.

Mike Santoianni wanted to know exactly where Tuxedo Farms was in its’ permit process.  It was explained to him that they were in the process of getting certain permits.  This will affect what the Pipeline is able to do. 

Karen Dougher gave a list of suggested actions people can try in order to try to stop the project. 

Jerry Mottola wanted to know what the plans the Town has as well as the Railroad for if there is an accident with the transport of oil.  No one seemed to know the answer to this question but several people, including the Supervisor, said they would look into it.

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Agenda for Town Board Meeting October 24, 2016

Call to Order
Pledge of Allegiance

BUDGET WORKSHOP - 6:00p.m.

PUBLIC HEARINGS to Receive Comments Regarding:
Introductory Local Law “Repeal of Obsolete and Redundant Fire Prevention Local Law”

Minutes
Monthly Reports
Town Supervisor/Town Board Update
Public Comments on Agenda Items

Agenda Items:
1. Resolution to Approve 2017 Woodlands Sewer Rates, Unchanged from Prior Year
2. Resolution retaining Jacobowitz and Gubits LLP, in 2016/17 Tax Certiorari Proceedings
3. Any other business as may come before the Board after this Agenda is posted
4. Pilgrim Pipeline Workshop

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board to Host Pilgrim Pipeline Workshop October 24 at 7pm

  • You’ve heard about the Pilgrim Pipelines but you don’t know anything about it
  • You want to learn about the environmental review process and how to submit any comments you may have about the potential impact of the pipelines

On Monday, October 24, 2016 come and learn about:

The Pilgrim Pipelines description and the planned route through Tuxedo

The NYS Environmental Quality Review (SEQR) process and how it applies to the Pilgrim Pipelines project

The potential impact of the pipelines on Tuxedo via presentation by Bonnie Franson, Tuxedo town planner

How you as a citizen can participate in the environmental review process to protect the town

Sources for additional information about the Pilgrim Pipelines project

The Workshop will begin at the close of the regular Town Board Meeting

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Town Board Voucher Only Meeting October 11 at 11am

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

2. Any other business as may come before the board after this agenda is posted

Adjournment

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Town Supervisor’s Update

Hello Tuxedo,

We took another step forward in our 2017 budget process last week when the preliminary budget was submitted to the Board for its review and input.  For 2016, the Board and I were committed to controlling costs and restoring our fund balance, and the 2017 budget continues that focus. 

The State Comptroller has placed the “severe economic stress” label on the Town of Tuxedo based on our 2015 audit document that was submitted to the State.  While this is cause for great concern, it also came as no surprise as it is based on 2015 results, not 2016. As I have stated before, it took our auditor and the State Comptroller 18 months to agree on what the Town’s fund balances were and all correcting entries were made in July 2015.  The Board made very difficult decisions last year to cut spending and put controls in place to ensure this never happens again.  This course of action was necessary, and the restructuring will protect the Town from future mismanagement.  We expect it will take 5-8 years to restore the fund balances, but we are on the road to recovery. 

The Board members will now analyze the 2017 budget and make recommendations for any modifications they may wish to see.  I will keep you informed as we work towards adopting the 2017 budget.   

 

Michael Rost
Tuxedo Town Supervisor

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Town Board Meeting September 26, 2016

The Town Board met on Monday, September 26, 2016 at 7 pm.  Supervisor Rost and Councilperson Reardon were absent. Deputy Supervisor McMillen ran the meeting.

Public Comments on Agenda Items:
Andy Berish wanted an explanation for how Pilgrim Pipeline would be able to dig through all the rock in our area in order to lay pipes.  He was told that those details should be forthcoming as the process unfolds. 

Houston Stebbins inquired as to a list of topics that the Town would be asking for in the scoping document.

Councilperson Lindsay responded that in The Town’s review of their Comprehensive Plan, they would be identifying both environmental and historical areas of Town that needed to be protected and that pointing those out would be a concern. 

Mr. Stebbins then wanted to know if the Town had passed any resolutions concerning the proposed Pipeline.

He was told that they had and that those, along with letters that had been signed and sent to the DEC and Thruway Authority (joint lead agencies for the project) were available on the Pipeline tab of the Town’s website.  

Supervisor/Town Board Update:
Deputy Supervisor McMillen reported having spoken to Supervisor Rost who is still working on the budget with Bookkeeper Brian Sullivan.  He hopes to have the preliminary budget finished and in the hands of the Board members by midweek. 

The Deputy Supervisor expressed his concern over the traffic snarl up which is a result of the Renaissance Faire and apple-picking going on simultaneously.  Next weekend promises to be even worse as it will be Apple Fest in Warwick and the Renaissance Faire still going on. 
Lt. Norton spoke to the plans he has made for that time.  There are 3 electronic signs coming on loan from Orange County and the strategy will be to set one up at Sterling Mine Rd. which will send as many people as possible to Margaret King Highway and then into Warwick that way.  Further down Route 17, only Renaissance traffic will be allowed to turn onto Route 17A with other Apple Fest goers directed to the Quickway to use Exits 124, 125 or 126 to access Warwick.  Also, Benjamin Meadow Rd. will be closed to all but local traffic.  The police are working with the Renaissance Faire to get the traffic off the road and into the parking lots as quickly as possible.   Supervisor’s Clerk Shari Brooks will be sending out details of this plan through her email list, however the Lieutenant is also trying to find a way to reach potential Applefest visitors from NYC so they can be advised to take these alternate routes around Tuxedo altogether. 

Highway Superintendent Dollbaum reported on his findings with regard to bear proof garbage receptacles.  He spoke with someone at Interstate Waste who stated that any bear proof container would have to be a custom ordered item.  The smallest container that they make is a 6-8 yard container and there are no guarantees that it would be bear proof. 

Mary Graetzer reported that the Wee Wah Beach Club had a bear proof container one year (not from Interstate Waste) the bears still found a way in and the lid was so heavy that the humans couldn’t lift it to put garbage inside! 

Superintendent Dollbaum also reported that Interstate stated that they don’t have any bear proof containers for residential garbage. 

Houston Stebbins commented that he had found one that worked.  It has a lid which screws on that the bears are unable to operate.  This will not work with the Town’s garbage service however, as they have special cans that the truck lifts up and empties at each residence. 

Agenda Items:
1-Further Discussion on the Environmental Impact of the Pilgrim Pipeline:
Councilperson Lindsay reported that the Thruway Authority and DEC have identified problems with the proposed Pipeline.  Among them are removal or destruction of 611 acres of forest and 9.2 miles of wetlands; endangered or threatened adult species and their habitats; 3 properties listed on the National Register of Historic Places and Archaeological sites and any material conflict with Comprehensive Plans.  As such, Town Planner Franson is working on putting together a list of the historic and environmental places in Town that will be included in the Comprehensive Plan.  She has already sent a letter to the DEC asking for an updated map as well as details as to what alternative routes the Pipeline is considering.  The plan is to schedule a public workshop meeting with Ms. Franson so the Board and community members can come and discuss plans for the scoping session with her. 

2-Resolution granting Relief from the Building Moratorium Vested Rights to Tuxedo Manor Apartments.  This was passed unanimously

3-Resolution to approve Relief from the Building Moratorium Local Law to the Tuxedo Hudson Company.   This was also passed unanimously

4-Set Public Hearing for change in Fire Code: A public hearing was set for Tuesday, October 11 at 7pm.  This law will bring Town Code into agreement with the State Code and will eliminate the need for sprinklers in single-family residences.

Public Comments:
Town Clerk Donna Matthews asked for a remembrance of her recently deceased mother in law, former Deputy Town Clerk Nina Matthews.  A moment of silence was observed.  Mrs. Matthews was Deputy Town Clerk for 20 years.

Highway Superintendent Rob Dollbaum commented that he had met with representatives of the Department of Transportation and expressed his concern about the ledges on the side of Route 17 just north of the Tuxedo Farms entrance (the old Applewood Kennels site).  Some of these ledges have already fallen onto Route 17.  They will be coming up with a plan to combat any more of the ledges falling. 

The meeting was then adjourned into an Executive Session to receive advice from Counsel. 

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Agenda for Town Board Meeting September 26, 2016

Call to Order
Pledge of Allegiance
Minutes
Monthly Reports

1. Further Discussion on the Environmental Impact of the Pilgrim Pipeline

2. Resolution granting Relief from the Building Moratorium Vested Rights to
Tuxedo Manor Apartments.

3. Resolution to Approve Relief from the Building Moratorium Local Law to the
Tuxedo Hudson Company.

Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting September 12, 2016

The Town Board met on Monday, September 12, 2016 at 7:00 pm in the Courtroom.  All members were present.

Supervisor/Town Board Update:
Supervisor Rost reported that Irwin DeMarino and Ben Veltidi continue to work with the DEC field monitor to clean up the Highway Garage property.  The DEC is satisfied with their progress. They continue to move dirt off the piles and have wind rows cut in.  They are moving material off the property.  The Town’s legal counsel and engineer are working with the DEC to satisfy any concerns that they might have about any of the material that is there.  The work is being done at no cost to the Town. 

The Supervisor also reported that he and Deputy Supervisor McMillen had met with Michael Bruno in the last week.  Mr. Bruno informed them that he has applied for a million dollar state grant and he expects to have an answer by December.   While he is waiting to hear about the grant, he will be submitting his final plans to the Planning Board so that he can be all ready to go when he gets the go ahead from the State.

The Supervisor announced that there would be a School Board meeting on Thursday, September 15 at 7 pm.  He  encouraged residents to attend as the school is an important part of the community and can have an impact on the future viability of the Town.  

Next, Supervisor Rost commented that he had sent out a Supervisor’s Update newsletter via email which focused on the Budget.  The bottom line is that the Town has made progress but still has a lot of work ahead.  He hopes to have a preliminary version of the budget within the next week.  He will continue to send updates to the residents through out the budget process. 

Councilperson Lindsay reported she had been in Albany at a grant workshop that morning.  The particular grant she was there for has a preliminary deadline of September 30.  The Department of Transportation will have $98 million available to support bicycle pedestrian multiuse paths as well as other transportation related projects.  As she’d like to improve pedestrian and pedaling access throughout the Hamlet, she will be applying for that grant.    With regard to the bear problem around the downtown area, Councilperson Lindsay has suggested that Highway Superintendent Dollbaum contact the container company to look into a bear proof dumpster to be located somewhere downtown for commercial use.  

Agenda Items:
1-Tuxedo Manor, request for Moratorium Waiver, Recognition of Vested Rights:
The attorney for Tuxedo Manor made a presentation in which he stated that they would like to build two new buildings, (behind or to the West of the original buildings) which would have a total of 32 one-bedroom units.  The original owner of the buildings had received permission to build in 1986 but the project never moved forward.  The subsequent owners bought the property in 1994 and came before the Planning Board in 2000 looking to build the additional 32 units.  There was discussion at that point as to whether or not the new owners had vested rights to build.  It was agreed that they did have the right to build.  The present owner purchased the property in 2006 and once again went through having their vested rights verified.  They were told they did not have vested rights.  Litigation was instigated and then a settlement was reached with the Town that granted the owner the right to continue the process of the additional units.  There was a problem at that time with getting water for the project and it was sidelined during which time the owner bought Sterling Forest apartments from NYU and spent time getting those finished.   Just as they were getting ready to come back to the Board for site plan approval, the moratorium was adopted.  They feel that since they already had approval and vested rights through the litigation, they should be permitted to build regardless of the moratorium. 

Supervisor Rost wondered about the condition of the complex’s sewage plant and whether it had the capacity for the proposed additional units.  He was told that they had more capacity than they were presently using and that the applicant had been advised that the plant would operated at a better efficiency if it received more effluent.  Also, the present owners have made significant improvements to the plant within the last 5 years.  It has a capacity of 4000 gallons a day and is presently receiving less than 1500 gallons a day – in other words, there is plenty of sewage capacity. 

The Supervisor thanked them for coming and making their presentation.  He stated that the Board would meet with their counsel and afterwards would decide on the best solution going forward. 

Janet Galuska inquired as to why they were only proposing single bedroom units.  She feels 2 bedroom units would make more sense as the school needs children and 2 bedrooms would produce school children. 

She was told that the Town could not dictate what size units should be applied for and that it could be assumed that the applicants’ research showed that one bedroom units were in demand. 

2-Resolution to grant the purchase of a parcel of property to resident:
The Town owns a small piece of property between Fairway Lane and Birch Road in Eagle Valley, which has no access except through the property of the adjoining resident who has erected a shed on the property.  There is no easement to the property and the adjoining owner, Steven Dougherty, would like to purchase it for $2000. 

The motion was passed with 4-1 with Councilperson Loncar voting against.  He stated he thought it looked like a political payoff and set a dangerous precedent. 

3-Resolution to approve relief from the Building Moratorium Local Law to The Tuxedo Hudson Company:
Michael Bruno made a presentation detailing his plans for the properties he has purchased in the center of Town.  The plan involves moving the sidewalk, presently in front of the old IGA, up to the front door of that building and then filling in the property between the sidewalk and the street with “green.”  He is also planning to knock down the Junction building and fill that space in with green as well.  He invisions a second sidewalk along Store Rd., and the eventual changing of Library Road to a one-way street (going South).  In the old IGA building, plans call for for a kitchen in the middle, with a restaurant/bar and a coffeehouse on one side and the market on the other.  He also hopes to have extra buildings on several vacant spots along Store Rd. 

Click here to see a site plan of Mr. Bruno’s proposal. 

Eventually, Mr. Bruno sees a “Sugar Loaf” ambiance on Library Road with shops and cafes in the historic buildings that are located there.

Mary Graetzer pointed out that the buildings on Library Road are presently residences with people living in them. 

Mr. Bruno responded that he wasn’t proposing that the buildings would have to be turned into commercial uses but that they would have the right to do so.  “Sometimes,” he continued, “you have to look at what is best to create a village.” 

Bill Clarke stated “Leave it the way it is!” and Mr. Bruno responded that he could put a chain link fence right around the IGA and put up a For Sale sign.

Mr. Bruno continued that he didn’t own the properties but he was merely suggesting that if Library Rd was zoned for mixed use, the owners who were  going to be living in more of a commercial ambiance than they presently are, might want to convert those houses to either storefronts or cafes or any other commercial use.  He went on to say “we all know that downtown Tuxedo commercial will never survive on its own.”  He said he hadn’t kept the Junction open because he was paying their power, water and staff bills and was losing a lot of money.  He needs his properties as well as those surrounding them to be a destination for people from out of the area in order to be successful. 

Mr. Bruno further stated that he was at the meeting to find out what the process was so that he could make plans to move forward.

Highway Superintendent Dollbaum asked Mr. Bruno if he would consider either moving the privet hedge recently installed in front of the Junction property  back or lowering as it creates a dangerous situation for someone trying to turn left out of that road.

4-Resolution Requesting the NYS Dept. of Environmental Conservation and NY Thruway Authority to assure opportunities for lmeaningful public  and municipal participation in the Scoping Process for the State Environmental Quality Review of the Pilgrim Pipeline Project:

The motion was passed unanimously. 

Councilperson Lindsay commented that she was in receipt of a map of the Project ,which had been included in the project’s application.  It shows a staging area for the project on the Renaissance Faire’s airstrip property.

Councilperson McMillen added that he had had a conversation with the operator of the Renaissance Faire and she stated she had never heard from the Pipeline people. 

Sue Scher stated she had been to several meetings about the Pipeline and to the best of her knowledge it looked as though scoping could start by the end of September or beginning of October.  She wanted to know what the Town’s plans for the scoping session were.

Supervisor Rost said that he already had Town Planner Bonnie Franson working on this.

5-Resolution to Exceed the State Tax Cap if necessary:
Supervisor Rost stated that this year’s tax cap was either .78 or .79 and he would like for the Town to have the flexibility to exceed that if they absolutely had to.  The motion passed 3-2 with Councilpersons McMillen and Reardon voting against.

Kathy Balistreri wondered if the Board was going to put a limit on how much they could raise the taxes?

She was told that they couldn’t really place a limit since they didn’t have the budget as yet. This is a time sensitive matter and the Board is simply leaving themselves the option to exceed the tax cap.

6-Resolution granting Filming Permit to Take the Stairs, Inc.:
Take the Stairs, a film production company is going to be filming it’s movie, “You Were Never Really Here,” in Tuxedo on Tuesday, September 13.  Plans call for filming at the Orange Top Restaurant in the morning and the Gulf Station later in the day.  Take the Stairs has requested and been granted a police presence (at the same rate as is charged to the Renaissance Faire) and they have also paid an application fee. 

The resolution was unanimously approved.

7-Discussion on moratorium Relief for Applying for Clearing and Grading Permits.
The moratorium simply states that anyone looking for relief for clearing and grading needs to come before the Town Board.  It was decided that Building Inspector Maikisch would have the flexibility to give permission for minor requests for filling and grading on single-family residences, but if a project involved any problems with drainage, etc., then it would have to come before the Board.

8-Discussion regarding Tuxedo Law requiring new single family houses to be sprinkled:
The Town’s requirements for sprinkler systems were added to the Code at a time when there were no State building or fire codes.  As such, the requirements for sprinkler systems are now overly stringent.  The Building Inspector and the Town Attorney are recommending that the Town adopt the uniform State code, which has a widespread requirement for sprinklers that is more reasonable than the present Town code.   The Board agreed this was a good idea and Town Attorney Nichol will put together a new law reflecting this for the next Town Board meeting.

Public Comments:
Janet Galuska stated that she understood that Patrick Welsh has officially retired as Police Chief.  She was told that this was true.  She then wanted to know when Acting Chief Lieutenant Norton would be named the new Chief?  She feels he is very qualified would do a great job.

Bill Clarke inquired about the possibility of the Town’s installing a bear-proof dumpster at Town Hall for commercial use, which would be locked and only certain Town employees would have the keys to access it. 

He was told that Highway Superintendent Dollbaum was already looking into this.

Nick Balistreri asked about the schedule for the Highway Department to maintain his road, Patterson Hill, further stating they had been maintaining it for 20 years until just recently.  Past services included not only snowplowing, but also filling holes, re-grading and re-tarring the road in the summers as well as weed whacking the side of the road and picking up grass clippings which had been bagged and left for them by the residents.  

Supervisor Rost responded that there has been discussion about this and it appears that there is going to be a change because the Town does not own the road. 

Mr. Balistreri replied that he had documentation dating back to 1996 and an agreement signed by then Supervisor Ken Magar creating Highway Resolution 171, which states that exceptions could be made for roads that don’t meet Town specifications.  He then added that no roads in Town met Town specifications and backed this claim up with statistics from several roads (among them Spartan place) which he has personally had measured.  Mr. Balistreri stated that the residents on Patterson Hill are not looking to dedicate their road to the Town.  They want to be grandfathered in and for Town maintenance to continue.  He quoted a law that said that if a road had been maintained for 10 consecutive years, it became grandfathered.  He stated that he brought copies of all the laws and agreements for the members of the Board to review. 

Highway Superintendent Dollbaum responded that he would like to see Mr. Balistreri’s documents.  Just because prior administrations had done something which might be illegal (maintaining roads they don’t own) doesn’t mean he is going to do that.  He promised to look at the documentation.  Town Attorney Nichol agreed that he would also look into this.

Vouchers were signed and the meeting adjourned into an Executive Session to receive advice from counsel.

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Town Supervisor Update September 12, 2016

Hello Tuxedo,

Hope your summer has been enjoyable!  

As we enter into September and the summer comes to a close, we turn our attention to the coming year’s budget.  I will share some important factors that will have an impact on the 2017 budget: 
·       Property values continue to decline
·       Number of retail businesses are on the decline
·        We continue to carry a deficiency balance in our B fund (Town outside of Village) from the end of the 2013 fiscal year.  The 2016 budget has a fund balance restoration line item that will be continued going forward until we have an acceptable positive fund balance.  Please refer to last year’s presentation as it tells the story of how we arrived where we are today.( http://www.tuxedogov.org/departments/supervisor
·       We are on the right track.  The last two budgets increased the cash reserves of the Town for the first time in a decade. The Town Board took extensive measures to improve our cash position. The Town Board and I have worked hard to restore financial accountability. 
·       Please refer to this board presentation that was prepared by our Town Auditor. (http://www.tuxedogov.org/departments/supervisor/2015financialauditsummary)
·       While we are making some progress, we cannot lose focus on the task at hand.  We must continue to monitor and control the spending of your hard earned tax dollars.
·       This year, we will produce a budget that is not just balanced,  but will continue to restore the deficient fund balance in the B fund. 

We have had some success in 2016 but there is still much to be done over the next few years.  I will continue to provide you with updates as we move through the budget process.

Regards,

Mike Rost
Tuxedo Town Supervisor

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Agenda For Town Board Meeting September 12, 2016

Call to Order
Pledge of Allegiance

1. Resolution to Grant the Purchase of a Parcel of Property to a Resident
2. Tuxedo Manor, request for Moratorium Waiver, Recognition of Vested Rights.
3. Resolution Requesting the NYS Dept. of Environmental Conservation and NY Thruway Authority to Assure Opportunities for Meaningful Public and Municipal Participation in the Scoping Process for the State Environmental Quality Review of the Pilgrim Pipelines Project
4. Resolution to Exceed the State Tax Cap if Necessary
5. Resolution to Approve Relief from the Building Moratorium Local Law to The Tuxedo Hudson Company
6. Resolution Granting Filming Permit to Take The Stairs Inc.
7. Discussion on Moratorium Relief for Applying for Clearing and Grading Permits.
8. Discussion regarding Tuxedo Law requiring new single family homes to be sprinkled.

Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting August 8, 2016

The Town Board met on Monday, August 8, 2016 at 7 pm.  All members were present. 

Supervisor/Town Board Update:
Supervisor Rost reported that since it is “budget time,” he had met with the Town Auditor and Bookkeeper earlier in the day.  Another meeting is scheduled for Tuesday with the Bookkeeper and Bill Sweet, who will be helping out with the budget again this year.  His goal is to get the Preliminary Budget to the Board by early September.

Councilmember Lindsay reported that she had represented the Town Board at the opening of the Appalachian Mountain Club’s new Outdoor Center in Harriman State Park.  She commented that it was a fabulous facility. 

Public Comments on Agenda items:
Andy Berish  asked for an explanation of Item #2, commenting that he had heard that Tuxedo Farms wants to close the school. 

Supervisor Rost replied that wasn’t what the item was about and that Town Attorney Nichol would explain the Item when they got to it.

Agenda Items:

  1. a Resolution determining the validity of a petition for a proposition to increase the budgetary allocation for the Tuxedo Park Library to be included on the November 8 ballot. The resolution was passed unanimously.  Councilmember  McMillen commented, however, that in this time when “everybody is cutting back,” he was somewhat dismayed to see yet another proposed raise from the Library.  Ultimately, the taxpayers will decide if they get it or not. 
  2. A Resolution to approve Tuxedo Farms – Declaration of Special Permit Conditions, Covenants and Restrictions.  Town Attorney Nichol explained as follows:  A condition of the Special Permit is that it be recorded in the Book of Deeds so that anyone buying property in the development can see what covenants and restrictions apply.  Since the Special Permit itself is very long document, the Town has put together a document which acknowledges the Special Permit and advises people where and how to get to it, and that the Town has rights and duties with respect to the Permit that can be enforced.  The covenant states that the Special Permit runs with the land so that anyone purchasing the property in the future would be bound by the Special Permit.  It will give the Town the ability to enforce the environmental conditions laid out in the Special Permit. Mary Graetzer commented that she thought the Town already
    had that right. Town Attorney Nichol responded that certain conditions could change such as if a Village would be formed within the development which would give authority to a different government and this covenant would leave the authority over the environmental concerns with the Town.  He then asked Andy Berish if this answered his question.  Mr. Berish replied no, it didn’t.  He went on to say that he understood that Tuxedo Farms was not going to move until the school agreed to merge or send the students elsewhere.  Mr. Berish feels that after 20 years, the Town needs to do something to tell Tuxedo Farms it’s time to get moving! Mr. Nichol responded that the Town does not have the authority to tell any property owner what and when to do something with their property!  This covenant is another layer of protection for the Town to ensure that what was approved by the Town after years and years of review and discussion, can be enforced by the Town. 
    The resolution was passed unanimously.
  3. A Resolution granting Special Sign Permits to Masker Orchards for Directional Signs was approved unanimously.

Public Comments:
Andy Berish wanted to know why the street lights were not lit after 10 or 10:30 pm.  He was told that this would be looked into for his area of Town (the Nursery). 

Councilmember Reardon commented that in her area of Town (Hamilton Estates) several of the lights have been disabled by residents to avoid having the lights shine into their homes. 

Highway Superintendent Dollbaum stated that he was making arrangements with Orange and Rockland for bulb replacement. 

Councilmember Reardon commented that, in her opinion, the issue was that without the lights, people were more frightened by the bears.  She also feels that the Town needs to send out another notice to residents about people not taking their garbage out the night before it will be collected in order to avoid “feeding the bears,” and thus encouraging their continued presence. 

Dena Steele recommended that residents in areas where the bears are frequently found should be using bear proof canisters. 

Vouchers were signed and the meeting was adjourned into an Executive Session for the Board to receive advice from counsel.  Highway Superintendent Dollbaum was invited to join the session. 

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Agenda for Town Board Meeting August 8, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports

Public Comments on Agenda Items

AGENDA ITEMS:
1. Resolution Determining the Validity of a Petition for a Proposition to Increase the Budgetary Allocation for the Tuxedo Park Library to be Included on the November 8, Ballot.

2. Resolution to Approve Tuxedo Farms - Declaration of Special Permit Conditions, Covenants and Restrictions

3. Resolution Granting Special Sign Permits to Masker Orchards for Directional Signs

Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting July 25, 2016

The Town Board met on Monday, July 25, 2016 at 7:00 pm.  Councilperson Reardon was absent.

Town Supervisor/Town Board Update:
Supervisor Rost reported that although he had spent a fair amount of time working with the BBQ restaurant, which had expressed an interest in building and opening up in Town,  in the long run, they were unable to find a suitable location.  Additionally, he stated that he and Department Heads are working with the Bookkeeper with the goal to have the Preliminary Budget turned in by September. 

Councilperson McMillen stated that “hardware wise” the 911 changeover has been completed and successfully tested.  They still need to reach out to the Ambulance Corps to make sure that their radio challenges have been fixed.  The Town is currently running in “911 mode” at the Police Station.  He then asked Lieutenant Norton to explain what the procedure will be as of August 2nd.  The Lieutenant stated that as of August 2,the department would be turning the Town communications over entirety to 911.  They are testing the system for the rest of this week while they still have a dispatcher on duty in case of emergency.  Anyone dialing the Police number, 351-5111 will now get an automated message instructing them to hang up and call 911 with any and all emergencies.   The message will also name every police officer on the force and gives the caller an opportunity to leave voice mail for them along with providing the phone numbers for Town Hall the Supervisor, Town Clerk and Court.  The Police are still working on installing a video system.  Also, in the next week, the ABL system, which will allow the 911 operators to see where every police car is located, will be installed.  Still on his wish list are mobile data terminators with air cards for all the cars.  Councilperson McMillen noted that those would be standard for all cars once the County switches over to microwave coverage, which is slated to happen in about a year.   The Councilman also noted that further information about contacting the police once the transition is complete would be posted on the Town’s website by Wednesday, July 27th and information will also be sent out to all residents via a direct mailing.   He further stated that if anyone had any questions about this, they should not hesitate to call him or Lieutenant Norton. 

Councilperson Lindsay reported that a new contract has been negotiated with the Renaissance Faire.  Henceforth, instead of paying the prevailing wage for whichever officer was on duty, the Faire will be paying a fee of $90 and hour for a policeman and $100 a day for each car. 

Councilperson McMillen noted that there seemed to be a proliferation of new signs around Town.  He asked Town Attorney Howard Protter if he could simply pull the unwanted signs out of the ground.  Since all the signs seem to be on Town owned public property, Mr. Protter told him he would look into it. 

Councilperson Lindsay reported that she had been working on various grant applications and as such is meeting with Bonnie Franson and Shirley Johnson from Creighton Manning about some proposals for updating the Town’s engineering plans.  Currently, the plans being submitted with grants are from 2003.  She is hoping to get funding for this from the Tuxedo Farms LDC.

She is also working on the applications for solar farms.

Councilperson Loncar objected, asking exactly what the application was and where the proposed farm would be located.  It was explained to him that the application Mrs. Lindsay is currently working on is “simply to get in the queue,” with details about location to be worked out later.  This was then debated for several minutes with councilman Loncar asserting that he did not feel they should be pursuing a solar field if they did not have a location in mind for it.

Public Comments on Agenda Items:
Ken Magar and Mike Santoianni both wanted to know about the language clarification referenced in Item 5.

Town Attorney Protter stated that he could answer questions after

Tuxedo Farms had made their presentation.

Agenda Items:
1-A Resolution to grant the purchase of a parcel of property to resident Stephen Donaghy was tabled.

The following resolutions were approved:

  • A Resolution appointing Michelle Reed as part time clerk typist at $13,50/hr for 14 hours a week was passed unanimously.
  • A Resolution to grant a special sign permit to Renaissance Faire for directional signs was passed 4 -1 with Councilperson McMillen voting no.
  • A Resolution to approve the agreement between the Renaissance Faire Entertainment Corp and the Town of Tuxedo for the 2016 season was passed 4 1- with Councilman Loncar voting no.

5-Tuxedo Farms – Clarification of Language included in Article

Public Comments:

Highway Superintendent Rob Dollbaum stated that there were already ledges overhanging Route 17, north of the proposed entrance to Tuxedo Farms.  He asked that the developer exercise extreme caution when blasting starts to make sure that these ledges don’t fall down on  passing cars!XV of the 2015 Special Use Permit for the project. 

Andrew Dance of Related stated that they were moving through the approved site work for the project, which includes Quail Rd., the Commons (clearing and stabilizing as it’s being used as a staging area for the project as well as a pump station) and West Terrace (water tanks.  Material taken from here is being used to make the flat area in the Commons.) A significant amount of blasting will need to be done in this area.  Clearing and grading has been done in all of these areas and the next stage will involve pouring foundations for the infrastructure to be built (pump station, water tanks, well head).  While they acknowledge that Town Code says these activities require a building permit, they are wanting to wait until they see how “the success of the school goes” before having to pay the money due to the school (which is triggered by the issuance of a building permit) Thus they are asking for a language change to the Special Permit.  According to Mr. Dance, the builders have been very unimpressed with the school’s performance and claim it will keep them from selling lots.  Mr. Dance believes that the spirit of the Special Permit was for the payment to the school to be made when the first permit for a house was issued.  He doesn’t believe that these infrastructure projects should be counted as they won’t generate any residents or specifically students. 

Councilperson Lindsay asked what information from the school they were waiting for.

Mr. Dance responded that the builders they were trying to sell lots to have 3 qualifications they are looking for in prospective property:  commutability, taxes and schools.  None of the prospective buyers were happy with the state of the school. While commutability is great, taxes have been going through some tough times and the school situation is not good.  

Noting that there were other things besides the payment that were triggered by the issuance of the first building permit, Supervisor Rost stated that there were new School Board members and he felt it would behoove Related to sit down with them and have a discussion.

Acknowledging the members of the School Board that were present, Mr. Dance suggested that perhaps they could talk about setting up a meeting when the current meeting was over.

School Board Vice President Joanne Vernon responded that under no circumstance would any of the Board members speak to Mr. Dance without an attorney present and that if he wanted to set a meeting, he would have to call the Superintendent for an appointment.

Town Attorney Protter reiterated that this is a larger issue than just the school.  The issuance of the first building permit also starts the Library’s clock to obtain financing to building a facility within the development; it precipitates the formation of a water corporation; it triggers the balance of the Hamlet Revitalization funding, both the grant and the loans; it starts the requirements for PILOT (payment in lieu of taxes) payments as well as requirements for bonding.  He went on to say that there was nothing in the permit, which said that any of these things were triggered only by permits for residences.  If that was what was intended, he feels it would have clearly stated that. 

Supervisor Rost pointed out that if the Board were to say they agreed with Tuxedo Farms and thus gave them leave to not pay the school, the school could take legal action.
Mr. Protter agreed and said in order to avoid that, the Board would have to amend the Special Permit, which is in itself a somewhat complicated process. 

Mr. Dance stated that although they were very disappointed in the direction the school has taken in the last year and a half, they were not trying to get out of their obligation.  Since Related has investors and lenders, they don’t feel they can make such “willy nilly” payments just for a pump station.

Public Comments:
Highway Superintendent Rob Dollbaum stated that there were already ledges overhanging Route 17, north of the proposed entrance to Tuxedo Farms.  He asked that the developer exercise extreme caution when blasting starts to make sure that these ledges don’t fall down on  passing cars!

Mike Santoianni reiterated that the Town of Tuxedo has great commutability to offer and our tax structure is better than any of the surrounding areas.  As far as the school is concerned, he suggested that none of the prospective builders have reached out to the school for a presentation or for any answers.  He inquired of Mr. Dance as to specifically who the builders are.  Mr. Santoianni feels there needs to be a better attitude from the developer toward the School District to back the school and help to make it a success.  He also feels that the School might be more flexible if they knew the developer was behind them instead of trying to destroy them.  The Town wants Related to succeed, but Related has to want the Town and the School to succeed as well.  “This is a billion dollar project,” he stated, “you need to get behind the school and help to make it a success.”

Andrew Grippo from Juniper Terrace, stated that theirs is the highest taxed development in Town and in the last couple of years “everybody is leaving,” and he feels the reason is that the school is no good. 

Andrew Dance commented that he had met with then School Board President Joanne Vernon and he felt they just had to agree to disagree.

Mrs. Vernon stated that she had not had a conversation with Mr. Dance since last August. 
Mr. Dance then stated that Related couldn’t make the school do anything but, he said, they were not going to give them a million dollars to “flush down the toilet due to poor financial management as the State Comptroller has clearly identified the mishandling of funds.” 

Supervisor Rost then intervened in the discussion saying it was nothing the Town Board wanted to get involved in.
Mr. Dance retorted “I’ll just bet you don’t!”

Vouchers were signed and the Board adjourned into Executive Session to receive advice from Council.

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Agenda For Town Board Meeting July 25, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Grant the Purchase of a Parcel of Property to Resident Stephen Donaghy

2. Resolution Appointing Michelle Reed as Part Time Clerk Typist

3. Resolution to Grant Special Sign Permit to Renaissance Faire for Directional Signs

4. Resolution to Approve Agreement between the Renaissance Entertainment Corp. and the Town of Tuxedo for the 2016 season.

5. Tuxedo Farms -Clarification of Language included in Article XV of the 2015 Special use Permit for the project

Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers

Vouchers
Adjournment

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Agenda For Town Board Meeting July 18, 2016 - Executive Session Only

Call to Order
Pledge of Allegiance

Any other business as may come before the Board after this Agenda is posted.

Adjournment

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Agenda For Town Board Meeting July 11, 2016

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

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Town Board Meeting June 27, 2016

The Town Board met on Monday, June 27, 2016 at 7 pm in the Courtroom.  Councilperson Loncar was absent.

The meeting began with the continuation of the Public Hearing on the Building Moratorium.  There were no comments from the public so the hearing was closed.

Town Supervisor/Town Board Update:
Supervisor Rost reported the following items:

  • the BBQ restaurant that has been looking to open in town has been talking with Mike Yaeger from Hickory Hollow and they are trying to make a deal on some property.  The next step will be to have the BBQ people appear at a TAC meeting. 
  • Irwin DeMarino continues to work on reducing the mulch pile at the highway garage.  He is working with the DEC monitor on a regular basis.
  • The land transfers for the easements on Tuxedo Farms should be ready to close very soon.  They are just waiting for title reports and then a closing date will be set.
  • The Supervisor thanked Andrew Arias from auditing firm Cooper Arias for all the work he has done in making sure that the Town is being brought into compliance with the State Comptrollers requirements.
  • Councilperson Lindsay gave an update on the kiosk for the train platform, which is being planned by the Trail Conference,  the Chamber of Commerce and A Better Tuxedo.  She has been in contact with  Metro North and they are just about ready to finalize the location.  The plan is for a slightly smaller kiosk than what was originally proposed.  They are presently working on a maintenance and inspection schedule to be carried out by volunteers. These volunteers will be solicited at the booth maintained by the Trail Conference at the Farmers Market as well as on the Train Conference’s website., A Better Tuxedo has applied for grant money with which to fund the project.  The Appalachian Mountain Club has offered to build the kiosk if the plans and materials are decided before they leave at the end of the summer.  Donations will also be solicited on the Trail Conference’s website. 

Presentation of 2015 Audit:
Andrew Arias from Cooper Arias gave a report on the recently completed 2015 Town Audit. 

To see a copy of Mr. Arias’ presentation click here and to view a copy of the full audit report, click here.

Agenda Items:
The following resolutions were passed unanimously:

  • A Resolution accepting Rachel Artrip’s resignatipon as part time clerk typist
  • A Resolution to tender an offer to Michelle Reed for the position of part time clerk typist
  • A Resolution to enact a Building Moratorium until the Comprehensive Plan is adopted.

Public Comments:
Joanne Ennis, Deputy Town Clerk who is retiring due to her relocation read a statement in which she pleaded with the Supervisor and Town Board to reconsider their decision to not replace her once she has left her job.  She contends that there is too much work to be done by the Town Clerk’s office for just one person.  Also, she expressed her concern over what would happen when the Town Clerk was either at training conferences or sick or on vacation.  There are certain things that are handled by the office, such as death certificates, which must be accomplished within strict time constraints.

Janet Galuska thanked Mrs. Ennis for her service as Deputy Town Clerk and Registrar.  She feels that without her, residents expectations for service from the Clerk may well fall short and she thinks the Board should be looking for a replacement.

Councilperson Reardon inquired as to what other Towns of similar size to Tuxedo do in this situation.

Supervisor Rost responded that other small towns just have a Town Clerk and if the Clerk was sick, or away for training or on vacation, the office was closed.  He added that he felt that in this type of situation, a Town should have a back up registrar so that should the need for a time sensitive task, such as a death certificate,arise when the Clerk was away, someone would be able to take care of it.

Town Clerk Donna Matthews asked which towns specifically did not have a Deputy Clerk as she has done some research and she had not been able to find one.
The Supervisor replied that he didn’t have the list with him.

Mrs. Matthews then read a statement in which she said that before she decided to run for office she had asked the Supervisor what changes would be made to the department as she knew that the Town was having financial difficulties.  She said she was told that there would be no changes and that “she would be fine.”  While she knew that her salary would not be the same as her predecessor, she did not know that she would have to pay for health insurance and that she would not be getting stipends for the registrar position as well as records management.  She also didn’t know that when her deputy retired, she would not be permitted to hire a replacement.  Further, she said she had just attended a conference on records management where it was explained to her how important this part of her job was.  Tuxedo’s records management is a mess and she has been so busy since taking over the Clerk’s job that she has not had a chance to start cleaning it up.  She has been attending as many classes as possible in order to learn about her job while relying on her deputy, Joanne to run the office.  She comes in early and leaves late and has been working on her days off.  She said that while she does not mlnd doing this, to suggest that she does not need a helper is, in her opinion, a disservice to the community.  There are time sensitive duties that need to be performed and if Joanne is not replaced, there will be no one there to do it.  Mrs. Matthews said that she was told that her predecessor didn’t come in to Town Hall very often and that was why the Board would not replace Joanne.  She further stated that while Mrs. Laurent may not have spent regular office hours in Town Hall, she did come in on weekends and evenings to get the job done.  Also, Mrs. Matthews stated that she’d been left with huge piles of unfinished time sensitive work on her desk in January, which delayed her efforts to move forward..  She has talked to and met with many Town Clerks in the process of becoming acclimated to her position and reported that none of them thought it was a good idea to not replace her deputy.  While she appreciated the offer of a Councilperson coming in to help her occasionally, she feels this wouldn’t solve the problem.  She is not suggesting that they hire a replacement with as many hours as the current deputy, but she really feels she needs regular help.  Also, she would like the Board to reconsider the stipend for records management. She reiterated that she doesn’t mind working extra hours but she feels like she is “being cut off at the knees.”

Councilperson Reardon asked Mrs. Matthews if she had passed the notary exam.  Mrs. Matthews replied she had not.  To date she has attended one conference where she took a 3 hour class and then had less than a day to read and study the material.  

Councilperson Reardon stated that she had taken the test and didn’t find it that hard.  She wondered what the Board could do to help Mrs. Matthews pass the test because she feels being a notary is an important part of the Town Clerk job.  

The Supervisor commented that he felt they could circle back and continue talking. 

Mrs. Matthews responded that she felt she had tried talking about it but everything had been cut and she was putting in long hours and not making much money. 

Councilperson Reardon commented that she wanted to help and wanted to know what the Board could do so that Mrs. Matthews could get her work under control and also study and pass her notary test. 

The answer was “you can get me some help.” 

Councilperson McMillen stated that he felt the Board needed to sit down and talk about the situation and decide collectively what to do. 

Mrs. Matthews responded that all she heard was that she was doing a bad job and she didn’t think anybody knew what her job entailed.  She was told that no one had said she was doing a bad job.  The Board would like to further evaluate her workload and then they will decide about the deputy position. 

Councilperson Reardon reiterated that she felt they needed to take a week or so to fully evaluate everything encompassed by Mrs. Matthew’s position so they can decide whether or not to hire help for the office.  No one wants to see the Town Clerk stressed out. If she needs help, they will get it for her.  If the records are a mess, left over from the previous Town Clerk, then they need to figure out how to straighten them out and get the necessary so that it can be handled correctly moving forward.

Diana Petrosky suggested that the Town should look into creative ways of saving money, such as hiring two part time assistants instead of one full timer. 

Katie Marusich, Captain of the Volunteer Ambulance Corps., expressed concern with the fact that after 11 pm, there are no cops on duty in the Town so if the ambulance gets a call, there is no longer a Town policeman to also respond and “clear the scene,” for the ambulance corps and offer protection if necessary.  She hears that Ramapo police or Tuxedo Park police may respond to calls and that the State Police may come down but she worries that while the State Police will probably respond to major EMS calls (i.e.an auto accident or if someone is not breathing) she doesn’t think they will come for minor calls such as someone is vomiting.  Mrs. Marusich stated that they never knew what might happen.  They could get a call that someone is vomiting but walk into the house and find someone holding a knife or a gun.  She wondered if there was any kind of agreement between the Town and the other possible responding police departments that stated they would come and cover for the ambulance corps. 

Supervisor Rost replied that there was no written agreement.   He then asked Mrs. Marusich if she was asking for the Town to put the cops back on the midnight shift? 

Mrs. Marusich replied no, she was not asking that but she wanted to know who would be the agency that would protect them?  Who should they call if they got into trouble?

The answer was they should call 911.  That response led a lot of ambulance corps members in the audience to laugh and scoff saying that 911 wasn’t working.

Councilperson McMillen then stated for the record that it had never been the intention of the Board to keep the midnight shift (or A line) permanently from working but so far, the union was not willing to negotiate with the town. 

In the meantime, the ambulance corps needs to know who will dispatch police to protect them.   At the moment, the Tuxedo police are still dispatching the police and the ambulance but when those departments switch to 911, which is slated to happen within the next2 months, who will be doing the dispatching and providing protection?

There was some discussion among the ambulance corps members and the Board members as whether or not the radios were working.  The members claimed that they were not working but miraculously after there was a conference call with the radio people, the radio seems to be working. 

Councilperson McMillen stated that there were some problems with the company who is working with the radios.  He also stated that the Town will not flip the switch on 911 dispatching until everyone is satisfied.  

Lieutenant Norton commented that he had had conversations with Captain Casey from the State Police who had advised him that it was a bad idea to rely on them for midnight shift calls because they don’t think the Town will be satisfied with their response time. 

The Supervisor wondered if the Lieutenant had had a separate meeting with the Captain because in the meeting that he had attended, the Captain never said anything like that. 
Councilperson McMillen then stated “we all agree that the A line has to return for everybody’s safety.  So let’s stop the heel dragging on both sides and start negotiating so we can make that happen.” 

Captain Marusich then assured the Board that the Corps wants to work with the Town, but they are concerned for their safety and they need to know that they will be covered and protected.  At the moment, there are members of the Corps who don’t want to come out and answer calls after 11 pm. She is concerned that they will lose members/volunteers.

Councilperson McMillen then stated that if anyone had listened to the auditor’s report given earlier in the evening, they would know that the finances of the Town had a lot to do with the problem.  He added that the present Board didn’t cause the problems but they had to do whatever was necessary to fix them.

Andy Rogers remembered that in years past the Tuxedo Park police had dispatched both the Town and the Village police as well as the Ambulance Corps and Fire Departments.  He suggested that the Town go back to that arrangement if the Village was willing because it would mean the dispatching could be done by someone who knew the area.

There was some discussion about whether or not the Town could hire a special security guard to answer the ambulance calls during the midnight shift but it was explained that this would be in direct violation to the Town PBA’s collective bargaining agreement. 

The Board agreed that they would have more discussions with the State police as well as with the Orange County Sheriff’s Office to try to secure assurance that those agencies would respond to calls during the midnight shift. 

Vouchers were signed and the meeting was adjourned.

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Agenda For Town Board Meeting June 27, 2016

Call to Order
Pledge of Allegiance

Minutes

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Presentation of the 2015 Annual Audit

2. Resolution accepting Rachel Artrip’s Resignation as the Part Time Clerk Typist

3. Resolution appointing Michelle Reed as Part Time Clerk Typist

4. Resolution to enact a Building Moratorium until the Comprehensive Plan is adopted

Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers
Adjournment

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Agenda For Special Town Board Meeting June 21 6pm

Call to Order
Pledge of Allegiance

This meeting is an Attorney Client session to go over various subjects.

Any other business that may come before the Board after this Agenda is posted.

Adjournment

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Town Board Meeting June 14, 2016

The Town Board met on Tuesday, June 14, 2016 at 7 pm.  All members were present. 

The meeting opened with the Continuation of the Public Hearing for the proposed Building Moratorium.

There were no comments from the public. 

Andy Berish did ask for an explanation of the moratorium. 

Supervisor Rost explained that if anyone wanted to do any building in Town, they would have to appear before the Town Board who would then check to decide if the proposed project was in keeping with the new Town Comprehensive Plan which they have been reviewing and which they hope to pass soon. 

Mr. Berish wanted to know how this would affect Tuxedo Farms.

He was told that it would not affect that project as they already have their approvals in place.

The Supervisor further commented that the moratorium would be in place until the new plan has been adopted. 

Town Attorney Nichol added that there is a six-month time frame to the moratorium but it is extendable in 6 month increments. 

The Town is still waiting for comments on the proposed plan to come from the County. 

The public hearing will remain open until the next scheduled Town Board meeting, which is June 27.

Town Supervisor/Town Board Update:
Supervisor Rost reported that Tuxedo Farms continues with their clearing and grading on the site.

The clean up at the Highway Garage is progressing as they move piles of chips out.  Both De Marino and Ben Veltiti have been on site helping to screen the material and also to move it out.

Councilperson McMillen reported on the progress of the move to 911.  He stated that all the hardware was in stock and had been tested.  Now they are just waiting for some training on the equipment  for the police officers, after which they will just need a cut off date.  As per the current schedule, this should happen before July 4th.

Councilperson Lindsay stated that she had heard from Con Ed Solutions who wants to visit the Highway Department to see if it might be possible to install solar panels on the roof of the Highway garage.  They would also like to look to see if there might be a site for a solar field after the mulch is all cleaned up. 

Highway Superintendent Dollbaum said if he was given a little notice this would of course be possible.  Currently, the crew is paving roads so they need to know in advance if someone needs to be on site.

Public Comments:
Village Mayor Mary Jo Guinchard stated that she had noticed that the Village had been on the original agenda for the meeting with regard to their  proposed Home Rule resolution and more specifically,  the support of the Town Board.  She requested to know why the item had been removed from the agenda when they had already received a letter of support from the Town to Albany over something which, she said, had a negative impact on the Town.  She further commented that if anyone had any questions about the Home Rule she would be more than happy to explain it and provide the necessary answers. 

Supervisor Rost replied that it had been removed from the agenda because there wasn’t enough support on the Board to pass the resolution.

Mayor Guinchard then requested that the resolution be brought to a vote so the Village Board could see that it had been denied. 

Supervisor Rost responded that for now it would stay off the agenda unless a Board member made a motion to bring it to the table and that motion was seconded.

Councilperson Lindsay moved to bring the matter to the table for discussion purposes only.

The Supervisor seconded the motion.

Councilperson Reardon stated that she felt it had already been discussed in public (on Thursday, June 9) and thus she didn’t see any reason to do it again. 

Trustee John Kilduff questioned whether it had been discussed in public because he had been at that meeting and didn’t recall it being discussed.

He was told that he had left the meeting before it was over and that it had been discussed after he left.

He responded, “oh you discussed it in the secret meeting part?”

Andy Berish asked for an explanation of the Home Rule and law 150. 

Mayor Guinchard asked if she could explain it from a Village point of view.

Supervisor Rost replied that first Town Attorney Nichol would explain it. 

Attorney Nichol explained that Town Law, Section 150 has a provision that indicates that the Town can excuse the Village from taxation for police purposes if the Village Department has at least 4 full time officers.  He added that it was his understanding that the Village would like the law changed so that the Town could excuse the Village if they had 2 full time officers, not 4.  He further commented that this is a provision in the Town law not the Village law and to change it at the State level would require the Town to affirmatively request that the law be changed. 

Mayor Guinchard then further commented on the situation, stating that “it’s not as if we would drop it to 2.  The resolution doesn’t state that we would have to do it, just that we would have the option to do it.”  She added that the Village is a population of 623 (according to the 2010 census).  There are other Villages who have appealed to reduce the number to 2 full time officers from 4 because of their size and it has been granted.  Currently, she said, the Village has a “very nice roster” of part time officers who they would like to use instead of 4 full timers.  Additionally, she explained that the Village only has one full time and one part time officer on duty at a time.  They work in rotating shifts. The Village also used to have traffic guards.  They have now decided to fill that position with police officers so that there would be two officers on duty at a time.  They are in transition for hiring new part time officers to take on the positions and according to the Mayor, they are almost done fulfilling that roster.  Mayor Guinchard stated that the Village would not, therefore, be adding any stress to the Town’s police department.  In fact, if anything, due to the fact that the Town has recently eliminated their midnight shift, they will be in a better position to help assist the Town if needed.  The Mayor stated that she thought this was a “wonderful opportunity” for the Town and the Village to work together to provide safety for all residents.  She outlined how she had taken this idea to Assemblyman Brabenec who actually wrote the bill to be taken to Albany after which it was decided to take it to the next step, which was the Senate.   Senator Bonacic gave his support because Supervisor Rost wrote a letter of support.  The next step is to take it to the legislature to have a “one sentence change” made to the Home Rule law.  She implored the Board to think about the resolution because she felt it was a “wonderful opportunity” for the Town and the Village to work together on something that would make a positive impact on both the Town and the Village.  She suggested that it would benefit both the Ambulance and the Town .  She suggested that it would benefit both the Ambulance and the Town Police.

Martin Lavanhar recalled that he had asked if anything was being done about the Red Apple Rest at the last meeting and that the Supervisor had commented that there were “things in the works.”  He wondered if there was any news on this subject?

Supervisor Rost responded that there are currently two different businesses who are interested in buying the Red Apple Rest and they are trying to negotiate with the owner.

John McNamara wondered if any thought had been given to waiting until after the July 4 weekend before making the switch over to 911 for police coverage? 

Supervisor Rost assured Mr. McNamara that the switch over to 911 would not be made until the Town was certain that everything was absolutely right. 

Kim Stevens, an Ambulance Corps volunteer, wondered if the communication under 911 would be any better than it presently is as she says at the moment they can barely understand what is coming over their radio. 

John Kilduff, President of the Ambulance Corps, stated that presently the service they receive is not very good. 

It was explained to him that there are 3 separate services with 911, the police, the fire and the ambulance.  Some of these have been removed from the Maplebrook tower. 

Assurances were given that the Town will not move forward with the switch until everyone at all 3 services was satisfied with what they are getting.  The ambulance corps was asked to work with the Town to make sure this was happening. 

Mrs. Stevens stated that presently she has to relay information through the Town dispatchers or she can’t hear where they need to go.  Upon further questioning, she added that this has gotten worse recently.

Councilperson McMillen said he had been told that the police communication was being moved to something called the MRD channel,  which would leave the present channels available for the ambulance and fire.  911 is telling him that when this switch is made, the problems currently being experienced by the ambulance corps will no longer exist.

Councilperson McMillen said they would do extensive testing of this before the final switch was made.  He asked the ambulance corps to work with him and Lt. Norton to make sure that this would be satisfactory. 

Village Trustee John Kilduff expressed his disappointment that there would not be a vote on what he considered to be an important matter to the Village.  He added that he feels that the Village residents are also Town constituents and, as such, are entitled to know where the Board stands on helping the Village deal with budgetary problems.  According to Mr. Kilduff, the change will not impact the Town in any way “today, tomorrow or ever.”  In fact, in his opinion, it’s a way for the Village Board to deal with finances and personnel problems that they have been struggling with. Also, he said, he takes umbrage with the fact that the Town attorney stated that Home Rule was a Town law because it is a State law.  To be clear, he added, that neither two nor four full time police officers would cover the Village shifts.  They have always used part time officers and this proposal is actually part of a restructuring which is a significant upgrade:  Now, instead of one full time and one gate guard, they will have two officers on duty at all times.  The Village Board eliminated the Civil Service positions in order to bring about this upgrade and also to help out the Town by being able to help out with their overnight shift.  The ambulance corps needs a scene to be “deemed safe” before they can go in to help someone and, presently, with no coverage from the Town, there is a problem with this.  Mr. Kilduff reiterated that the Corps will not respond to a call if the “scene” cannot be deemed safe ahead of time. 

Councilperson Reardon asked Supervisor Rost to please give a description of what the Town has already done to support the Village’s effort.   The Supervisor then stated that originally what the Town Board had said was that they would not oppose the action being sought by the Village Board.  Then Albany came back to the Village and said they needed something in writing from the Town.  A letter was sent which said that they supported the effort being made by the Village to control their costs and that the Town would not oppose the Village’s plan to go to two, instead of four, full time police officers.  Now, Albany has come back and said they want a resolution from the Town and the Board has made it very clear that they don’t want to take action although they will not oppose what the Village is doing.  Councilperson Reardon further commented that in her opinion the Board doesn’t see this as something that is the Town’s issue.  They have gone to the authorities and said they won’t oppose what the Village wants to do.  Trustee Kilduff interjected that it was just minor paperwork.  Councilperson Reardon responded that she didn’t feel it was minor paperwork.  She added, “if it were minor paperwork, then it wouldn’t really matter and it does matter.”  Trustee Kilduff then replied it was just “the arcane rules of the New York State Assembly…” to which Councilperson Reardon responded “arcane?  Well, we choose to follow the arcane rules.”  Trustee Kilduff added that the “arcanity” came in with having to fill out the forms.   Councilperson Reardon replied “you’re clearly not going to have a discussion here so we will stop here.  I don’t want people walking out of the room thinking that the Town was negligent in any obligation that they had because they are not.”  Trustee Kilduff then replied “no, to be clear I think what it is is that the Town opposes what we’re trying to do here.”  Mrs. Reardon denied this.  She added that the Town had stated they didn’t oppose the Village’s plan and that they supported them in their budget struggles.  However, she doesn’t feel it is for the Town to have a say in how the Village staffs their police force.  Trustee Kilduff repeated “so you are opposing the Village.”  Councilperson Reardon responded, “if you want my vote, I will vote no on a resolution.”  Mr. Kilduff replied “ok, we’ve got one vote…..”  At this point Councilperson McMillen spoke up and said “it’s a no from me.”  To this Trustee Kilduff responded “good to know.” 

Mayor Guinchard then stated “just so you know, the Village will never go below 4 officers. We never have and we never will.” 

Councilperson McMillan replied “then why does your resolution from December state that you want to get Law 150 enacted before the Town can assess a tax on you?”  Mayor Guinchard quickly responded “and you will!” Councilperson McMillen said “well, we didn’t know what you were doing and I have a problem when I see that I’m going to lose the right to tax you down the road when you are diminishing your police force.  That’s the problem.”  Mayor Guinchard said “well we’re not going to do that.”  Councilperson McMillen kept going saying “there was no discussion with us and no discussion with the police.  Did you have a discussion with me, Maam?”  The Mayor replied “I asked if I could speak with each of you individually. I asked the Supervisor if I could get all of your phone numbers so I could do that and he never gave them to me.”  Supervisor Rost quickly responded “I sent them to you today as requested,” to which Mayor Guinchard replied “well, I didn’t get them.”  Councilperson Reardon interjected “well, you certainly have my phone number and you never contacted me.”  The Mayor continued “I asked if I could reach out to all of you and the Supervisor said he had spoken to you all and that we have the support of the Board.”   Supervisor Rost then responded, “No.  Now you are twisting words.  What I said was that I have a Board that says they are not going to oppose what you want to do.  That’s what we talked about.  Then you wanted the letter and I gave that to you.  Albany came back and said they needed a resolution and the Board has said they don’t want to do the resolution.”  Mayor Guinchard replied “but that was Albany that said that because that is how they do it.  We don’t have a say in how they do it.”  Councilman McMillen interjected “you say that you’re not worried about the tax problem, but your resolution clearly talks about the taxing.”  “Because,” explained the Mayor “that’s how it is.”  Councilman McMillan then stated “we didn’t even know that the document existed.  No courtesy was given to our Board.”  Trustee Kilduff then added you’re confusing the issues, Dave.  We’re trying to explain it to you.”  Councilman McMillan interrupted with “Rule 150 says anything below 4 full time officers and we lose the right to tax you.”  To this Trustee Kilduff retorted “Do the math…it will never make sense for us to go in violation of the law whether it’s 4 or 2 full time officers, so if we have to keep it at 4 so we don’t get the tax burden from the Town, we’re gonna keep it at 4 because that’s just how the numbers work.  Now, we’re asking if we can go down to 2 so we can staff the balance of the hours with part-timers.”

Councilman Loncar stated that there was a level of dishonesty here and he didn’t feel that the Village had been straight with them.” 

“What do you mean,” asked Mr. Kilduff.  We have a letter of support from the Supervisor.”  Supervisor Rost then clarified “this was discussed in executive session and what we all said in that meeting was ‘we won’t oppose.’ “  Councilperson Lindsay then asked if that letter  was enough for Albany?”  “It’s not,” replied the Mayor “and what you don’t understand is we’re trying to make it stronger. If you do the math, you will understand that it will NEVER make sense for us to drop below the required number of officers and have you tax us, so we’ll have to find another way to make it all work.  What we’re trying to say is  that we’re trying to work together and you’re the ones who have left us in the midnight hours with nothing out there except for state troopers.”  She further suggested that since the Village already worked with part timers, she felt they could be helpful to the Town and that is what she is trying to do.  The Mayor continued ”I’ve spoken to Mike about it and we’ve talked about it in our open meetings so it’s been no secret, it’s been going through the process.” 

Trustee Kilduff then stated “we’ll just have to keep the 4 then, Dave because we will never be subject to your jurisdiction.  Never.” 

Someone from the audience interjected “wouldn’t it make sense to just merge the 2 departments?”  The Mayor replied “no, if you do the math you can see that it would cost the Village too much to do that.   But, I have offered to the Supervisor that he can merge your department into ours and then we could save all of us a lot of money. We could become a police force that way.  I have spoken to our Senator and Assemblyman about it and it could be possible.” Upon questioning from the audience, the Mayor added that the Village has a lot of part timers and thus they don’t have to pay benefits and pensions for them. If the Town were to merge into the Village Department, they could still cover everything and the Town could save an immense amount of money.

Councilperson Reardon then stated. “so the way you would solve the problems would be to get rid of our full time police and thus save the money on their higher salaries and benefits?” 

The Mayor replied “that would depend upon how it was structured.” 

Councilperson Reardon said “but that is what you’re trying to do with your department.”  The Mayor denied this and said they were just looking for the option to do this.” 

“So,” replied Councilperson Reardon “you’re not going to do it?” 

The Mayor responded “we may not or we may.”    Then, she added “you were doing the same thing when you got rid of your A line.” 

“But,” Mrs Reardon responded, “we didn’t say we might get rid of them.  We knew exactly what we had to do to get back on track financially and it was painful and we did it.” 

The Mayor then said “we can sustain at our level.  But why would we take 2 more full time officers when we know there are communities who are looking for and need full time officers?  Why would we want to take those 2 full time officers when we’re such a small community when other people could be using them?”

Councilperson Reardon countered “my problem is in dealing with our Town.  If I have an officer and I need him, they’re going to be here.  I can’t worry about every other town and or village in Orange County.” 

“But that’s what we do,” exclaimed the Mayor. 

“Well, don’t tell me then that if we have “extras,” it’s a great idea to give them to people that need it,” responded the Councilperson. 

“Yeah, you’re right,” interjected Trustee Kilduff, “it’s better to farm out your overnight shift to the State Police.  They’ll be here in about 20 to 40 minutes.”

“So now, they’re ours?” responded Mrs. Reardon, “when there’s something you don’t like, it’s all our problem?  I’ve had quite enough of this discussion.” 

Councilperson Lindsay said she wanted to try to clarify something.  She explained that the resolution passed by the Village Board in December said that they wanted to changed the requirement from 4 full time officers to 2 full time officers before the Town can tax them. In her opinion that makes it sound as though the Village wants to rush it through so they can’t get taxed.  It feels to her as though the Village is saying “lets get this done before the Town can tax us.” 

Trustee Kilduff said “I didn’t realize it said that.”

Councilperson Lindsay then added that the new resolution they were proposing had the exact same wording and this is where she thinks the problem lies.

Councilperson McMillen explained that his main responsibility was to the Town and to its residents and he felt he couldn’t be suspicious about what the Village was trying to do.  He added that he wished they had come forward earlier so that there was time to work with them, but they didn’t come forward until the very last minute and he felt he had to do the responsible thing.

Supervisor Rost stated that the problem was that the Village now wanted a resolution when the Town had already given a letter.

Councilperson Lindsay asked when the Village found out that they needed a resolution?

The answer was perhaps last Wednesday or Thursday.

Trustee Kilduff then stated “this is how Albany works.  Read the papers and you’ll see in the next couple of weeks that there are a lot of things being jammed through the legislature at the end of their session.” 

“So, unless you have a resolution from us, this will not move forward?” asked Councilperson Reardon.

Both the Mayor and Trustee Kilduff replied “no, no, it won’t.”  The Mayor added “but we thank you for your time.”

Councilperson McMillen stated “there’s a lot of confusion here.  I would have liked to have the confusion cleared up and the information given to us in time for us to make an informed vote. 

The Supervisor then asked if there were any more public comments.

Mark Briggs said he had rented the pavilion at Murphy Field to have a party over the weekend and wanted to tell the Town what a wonderful experience it was.  The venue is great and they look forward to renting it again in the future. 

On another note, he said he lives on Eagle Valley Road and while it was nice having the golf course as a neighbor as it is beautiful to look at and it is also nice not having development right in his back yard, in the last year it has become a real problem as they are starting their machinery at 6:30 in the morning, seven days a week which is becoming unbearable. 

Councilperson Loncar replied that he had noticed that perhaps a week ago and the Club is not supposed to run their machinery anywhere near the houses early in the morning.  

Councilperson Reardon volunteered to take this on.  She said she is a member of the Club and will personally speak to the people in charge at the Golf Club and see what can be done.

The Board then went into executive session to receive advice of counsel.

When they came back out, they signed vouchers and there was a motion to adjourn.

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Agenda for Town Board Meeting, June 14, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution Supporting Home Rule Request (Town Law 150)

Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting May 23, 2016

The Town Board met on Monday, May 23, 2016 at 7 pm.  All members were present.

Public Hearing – Moratorium on Development Approvals:
The meeting opened with a public hearing on the proposed moratorium on development approvals.  There were no comments from the public.  Town Attorney Don Nichol explained that the hearing would have to remain open until the next meeting on June 13  because the Town had sent the proposal to the Orange County Planning Department but had not yet heard back from them.

Town Supervisor/Town Board Update:
Supervisor Rost reported that work continues at the Highway garage with the leftover material from Perfect Cut.  Specifically, they pulled a lot of the chips that were catching fire off the piles and moved them off site via outside vendors who came and took them away.  He added that the Town Board would now be taking some time to decide what will happen at that site going forward.

The Supervisor also reported that he had asked Building Inspector Maikisch to contact the people who have been working on Rte. 17 between Tuxedo and Sloatsburg to see if they could provide better signage about the slow moving trucks turning into the old Applewood Kennels site. 

Finally, he  reminded everyone about the upcoming Memorial Day celebration stating that line up for the ceremony at the Police Department in Southfields was at 9:45 am and the one for the parade was at 11 am at the High School.

Councilperson McMillen gave an update on the progress with the 911 system.  He said he had received an email from the equipment supplier saying that everything has been installed and they are ready to test the system.  However, he cautioned that he wasn’t sure they understood that the radios needed to be reprogramed.  Lieutenant Norton remarked that he had reached out to the company that day and that he believes that when they say they are ready to test, they are referring to the ambulance and fire companies.  The Lieutenant has requested a meeting with the equipment company as well as Councilperson McMillen and any other interested board members to discuss protocols and training for everyone going forward.   

Public Comments on Agenda Items:
Martin Lavanhar stated that he had driven past the Red Apple Rest recently and had two questions for the Board.  First, why hasn’t the building been torn down? Secondly he wondered if he were to let his house get into a similar shape, what would the Town be doing to him?

Supervisor Rost responded that there is a new business that is looking to open up in Tuxedo and they are currently talking to the Red Apple Rest along with looking at other locations.  He went on to say that the Town couldn’t regulate the price point on the Red Apple Rest but said the Board was hopeful that something would happen there. 

Councilperson McMillen added that he also was dismayed by the look of this property and he feels that it has looked this way for long enough now and that perhaps there is some section of the Town Code, which would cover doing something about it.  He further stated that the building had been condemned by the Building Inspector because the roof collapsed and a fence was erected around it. 

Town Attorney Nichol said the Town does have an unsafe building local law.  It requires an engineering report to verify the condition of the building. which must be unsafe for the public.  Because there is a fence around the building, it might not be considered unsafe. 

It was suggested that the Building Department should look at the building and if they thought it was unsafe, it should be brought back to the Board who could order the required engineering report.  

Agenda Items:
The following resolution were passed:

  • A Resolution approval participation in Orange County Stop DWI Enforcement program.  This is something the Town participates in annually.

  
There was also a discussion about bids made on surplus equipment that the Town is looking to get rid of.  Councilperson Loncar felt that the Town could get more money than was currently being offered.  Because the Superintendent of Highways was not present, the other Board members didn’t feel they could judge how good the bids were.  After a lengthy discussion, it was decided to table this until the next meeting.

Public Comments:
Janet Galuska commended Highway worker Jeff Dowding for the excellent job he does in trimming and weeding on Town properties as well as along the roads. 

Mrs. Galuska also wondered what was happening with the old Jasmine site in Southfields.  She mentioned there was a sign on the building, which says Pharma. 

She was told that no plans for that building have been submitted to the Town.  They believe that Pharma is a business selling vitamins and supplements.  Until, plans are formally submitted, the Board really doesn’t know much.

Vouchers were signed and the meeting was adjourned.

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Agenda For Town Board Meeting May 23, 2016

Call to Order
Pledge of Allegiance

PUBLIC HEARING - MORATORIUM ON DEVELOPMENT APPROVALS
Minutes

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution Approving Participation in Orange County Stop 2016 DWI Enforcement
Program

2. Resolution Approving Bid Amounts on Surplus Items.
Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting May 9, 2016

The Town Board met on Monday, May 9, 2016 at 7 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost reported that he is still working on getting the mulch moved out of the Highway Department location.  While someone was supposed to start removing it on May 9, this did not occur. The Board is concerned about getting the material moved as soon as they can as they are concerned about the possibility of fires.  So far, Highway Superintendent Dollbaum has been doing a good job of keeping the fires out and under control. 

The Supervisor further stated that the property transferals and easement agreements with Related should be wrapped up within the next 30 days. 

There have been rumors that Pilgrim Pipeline is using the airstrip property in Sterling Forest for a staging area.  The Supervisor stated that no one from Pilgrim had contacted him or anyone else in Town.  He has asked Councilperson Lindsay to look into this and find out exactly what is being said and what is actually happening. 

Finally, he announced that he was going to schedule a workshop meeting with the Town Auditor for the purpose of reviewing the report turned in to the Board last week.

Councilmember Lindsay reported that she had received an email from the Orange County Community Block Grant department stating that the grant the Town applied for is moving on to the next step which will be a site visit on Thursday, May 13.  This grant would be for $375,000 to improve the Hamlet streetscape and would be for 3 years. 

Public Comments on Agenda Items:
Andy Berish asked for an explanation of the proposed Building Moratorium.  Specifically, he wanted to know if it would affect Tuxedo Farms?

He was told that it would not affect that project as they already have their approvals in place.

Town Attorney Nichol then gave an explanation of the proposal, and commented that in reviewing  the zoning which would come from the plan, it appeared that it would come up for pubic hearings and votes

in the summer.  He doesn’t feel that summer is an optimal time for people to attend public hearings and/or votes and thus they will postpone the public hearing and vote on the plan until early Fall.  In the meantime, they are proposing to halt any future building that does not already have approval until it can be covered by the new zoning. 

Mary Graetzer stated that it seems silly to her to postpone this any longer as the plan has been under consideration for years. 

Resolutions:
The following resolutions were passed unanimously:

  • a Resolution granting a special permit for Chai Lifeline to allow their Bike 4 Chai cyclists to ride through a part of Town (NY 17-A, Benjamin Meadow Rd., Bramertown Rd. and W Mombasha Rd) beginning at 7 am on August 3rd.  This is the third year the event has come through Tuxedo.
  • a Resolution approving a towing license for CAR Autobody of Southfields.
  • a Resolution to enact a Building Moratorium until the Comprehensive Plan is adopted.  There will be a public hearing on this on May 23rd.


Public Comments:
Kristen Heard from the Chamber of Commerce spoke in favor of the kiosk that has been proposed for the platform of the train station.  The kiosk would have maps and information about hiking trails as well as a listing of all businesses in Town.

Supervisor Rost wanted to know who would maintain the kiosk.  He was told that the “trail people” and the Chamber would be jointly updating it on a regular basis. 

Don Weise from the NY/NJ Trail Conference said his group was very excited about the kiosk.  They already do a lot of work to try to bring people here and he feels that since the trails are a bit separated from the train station, the kiosk, which would direct them, makes a lot of sense.  As his organization is a 501C3, they would be willing to have any donations toward the kiosk go through them. 

Councilperson Loncar asked for details about the construction of the kiosk and how it would be maintained.  He stated that he is in favor of putting the information inside the train station instead of in a kiosk.

Councilperson Lindsay reported that the kiosk would be constructed of the same wood as the train station and the roof will be the same as that on the platform. 

Vinnie Spiotti from the Appalachian Mountain Club, who has had quite a bit of experience with kiosks, added that it would be stained regularly. 

There was conversation about how many hikers could be expected to come through and it was stated that last summer, about 100 per weekend day were counted. 

Michael Bruno wondered how much the kiosk would cost?  He was told that the project would cost approximately $5,500.

Mr. Bruno then wanted to know who was paying for it.

Councilperson Lindsay responded that they were hoping to fundraise for a major portion of it and they were also planning to apply to the LDC for funds. 

Dena Steele stated that she thought putting the kiosk on the platform was a mistake.  In her opinion, the train station, which so many people in Town contributed to, is an iconic building and the kiosk will ruin the look.  She feels that the information belongs either inside the train station or closer to the trailhead at the other end of the parking lot. 

Vinnie Spiotti responded that part of the purpose of the kiosk would be to point out all the things that were available to people in the Town of Tuxedo and thus he felt that the platform was the right place to position it. 

Councilperson Lindsay added that pamphlets could also be located inside the train station. 

Mike Reardon said that he thought if the Town were going to invest money, it would be better done by having a website that draws people to Town.

Councilperson Lindsay responded that plans are in the works to get Tuxedo designated as an Appalachian Trail Town and that, she felt, this would help get the word out about the town. 

Vinnie Spiotti added that there were links off of the Appalachian Mountain Club’s website which also lead people to Tuxedo.

Suzy Allman added that she hoped to get her shuttle to the trails going again this summer.

Mr. Spiotti stated that AMC would be opening a camp in Harriman Park this summer and that a lot of their guests would be arriving through the Town of Tuxedo by train or bus. 

Ken English said that he had been to the various “save Tuxedo” meetings around Town and wanted to say that he was proud of the people who were volunteering to promote the Town.  He feels that one of the important points of the work being done is to let the vendors and business owners in Town know that people care about their businesses and what happens to them.  He also feels that the kiosk is an extension of this.

Karen Dougher stated that she would do research and get back to the Supervisor about Pilgrim Pipeline and their “plan” to stage work at the airstrip in Sterling Forest.

Vouchers were signed and the Board adjourned into an Executive Session to receive advice from their Counsel.

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Agenda For Town Board Meeting May 9, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution Granting Special Permit for Chailifeline to host Fund Raising Cycling Event.
2. Resolution Approving Towing Licenses
3. Resolution to enact a Building Moratorium until the Comprehensive Plan is adopted.
4. Resolution to Approve a Lot Line Change
5. Resolution to enter into Executive Session for Purpose of Receiving Advice from Council.

Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting April 25, 2016

The Town Board met on Monday, April 25, 2016 at 7 pm.  All members were present.

Town Supervisor/Town Board Update:
 Supervisor Rost began his report by saying that he thought the previous day’s Clean Up in the Town had been a great success.  He gave thanks to Shari Brooks for organizing the event as well as for effectively communicating the details of it to the community.  He also thanked Friends of Sterling Forest who held a clean up of the commuter parking lots at 17A the day before, Watchtower for donating the vests worn by workers along Route 17, Lt. Decker of the police department who controlled traffic, the Boy Scouts and all the volunteers who turned out to help.  Additionally, he thanked Michael Bruno for feeding all the volunteers at the Junction after the event. 

The AFR (Annual Financial Report) for 2015 has been filed with the Comptroller’s office and will be posted on the Town website.  The big picture is that the Town needs to continue to reduce costs until it is whole again. 

First quarter financial reports have been distributed to the Board for their review.  There is a lot of information to be digested but the Supervisor feels these reports will prove to be a great tool for the Board. 

Since there are a lot of projects going on around Town, as residents see or hear things, it’s always good to bring information back to Town Hall.  The Building Department is the first place where anything should be reported should anyone see anything they think doesn’t look right.  The Board has ordered a new tablet for the Building Inspector Maikisch.  Since it runs the same software that is on the Town’s computer, he will be able to update everyone while he is out in the field and thus communicate more effectively.   

Councilperson Lindsay reported that there has been some confusion from people who read that the Constitution Pipeline had been denied by the DEC.   She clarified that it is not the Pilgrim Pipeline that has been stopped, but a natural gas pipeline coming from Pennsylvania and going up to Albany. 

Agenda Items:

  1.  Resolution to grant special Use and special sign permits for the Memorial Day Community Picnic at the Lbrary on May 30, 2016 from noon to 4 pm.  This was passed unanimously
  2.  Resolution approving form of petition for the proposition to increase Town Board Budgetary allocation for the Tuxedo Park Library.  This was also passed unanimously.
  3. Update on Perfect Cut/Options at Site – The Supervisor reported that the Board was still receiving written proposals for the site.  He added that he felt it might be an option to move DeMarino off the river and up to the Highway Department property if the Town can enact “measurables” that could be enforced.  At this point, this is just an idea that the Town is exploring. 

Councilperson McMillen wanted to know what would happen to the present site if that were to happen.  He was told that nothing had been worked out yet but it is hoped that the dirt pile would then go away.

DeMarino might be able to do something different on the river involving containment vessels or perhaps stones but the dirt operation would move to the Highway Department lot.

Councilperson Lindsay asked if the plan would be to move all the dirt from the present site up to the Highway Department?  Supervisor Rost responded that he felt the pile should be drawn down and therefore, not everything would be moved up to the Highway department. 

Highway Superintendent Dollbaum said he had spoken with Mr. DeMarino and he felt it would tak  about 2 years to  move the dirt operation up to the Highway site.  The present site would be kept only as a retail site as well as a garage for storage of his equipment.   Part of the deal would be for him to process yard debris from the Town and the Village. 

Sue Scher wanted to know how much dirt would be kept up at the Highway site?  She was told that this would need to be negotiated.

Jim Hays wondered if it was the storage of the dirt or it’s recycling which had economic value?  He was told that DeMarino made their moneys from selling topsoil not storing it.  The Supervisor then reiterated that at this point, this was just an idea, which was being explored.  He emphasized that without “measurables” which could be enforced, it was not, in his opinion, an idea that would work. ,,

Ken English inquired if Perfect Cut had ceased operations on the site.  He was told yes they had ceased and were gone.  Mr. English then wanted to know if Perfect Cut were obligated to restore the property to the condition it was in before they moved in. 

Supervisor Rost replied “yes, but he’s not going to.” 

Mr. English then asked what the Town was doing to prevent fires from happening with the mulch left behind.  He was told if a fire occurred, they put it out. 

John McNamara asked if DeMarino needed water to do what he does and if so where he would be getting it.  The answer was no, he does not require water for his business.

  1. Highway Superintendent Dollbaum presented a “284 form” authorizing the Superintendent to spend the monies levied and collected by the Town for repair and improvement of highways.  The Board agreed to have the Town Attorney look this over and then advise them if this should be signed.
  2. Highway Superintendent Dollbaum advised the Board that he was designating East Mombasha Rd. as a seasonal limited use highway.  This would mean the Town will discontinue snow and ice removal and maintenance on the road between December 1 and April 1.  No one lives on this road and although the road is used, there are other routes people can take.  The Board agreed to check with their counsel to see if this can be done.
  3. A request  was made by the Highway Department to hire three season employees as needed.  This was approved unanimously.

Public Comments:
Highway Superintendent Dollbaum said his department was spending a lot of time picking up brush that people were raking off their properties and into the road.  He requested that at this time of year, residents should be asked to bag their brush.  Among other reasons is that there is usually a lot of stones and gravel mixed in with the brush and he has just had all the Town’s equipment repaired at a great expense. 

Councilperson Loncar responded that he didn’t want to ask residents to put things in bags but he was told that at this time of year, people have always had to bag brush.  In the Fall, leaves can be raked into the street but not in the spring. 

Sue Scher inquired whether the people who have been looking at the mulching business were ldoing so with the intent of simply cleaning it up or if they intended to work there as a mulching operation?

Supervisor Rost responded that we would know the answer after all proposals were in. 

Ms. Scher then asked if the Board was considering having a mulching operation on the property?

The Supervisor replied that the Town and the Village need a place to take their brush and yard waste and therefore they were looking into it on a much smaller basis with measurables that could be enforced.

Vouchers were signed and the meeting was adjourned.

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Agenda For Town Board Meeting April 25, 2016

Call to Order
Pledge of Allegiance

Minutes

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Resolution to Grant Special Use and Special Sign Permits for the Memorial Day Community Picnic at the Library on May 30, 2016 from 12:00 a.m. to 4:00 p.m.

2. Resolution approving Form of Petition for the Proposition to Increase Town Board Budgetary Allocation for the Tuxedo Park Library.

3 Update on Perfect Cut/options at the site.

Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting April 11, 2016

The Town Board met on Monday, April 11, 2016 at 7 pm.  All members were present.

Public Hearing regarding Block Grant Application for the improvement of the American Legion Hall and to the Sidewalks/Walkways to the Hamlet:
Before opening the hearing, Supervisor Rost asked Councilmember Lindsay to say a few words explaining the grant.  She stated that the Orange County Community Development Department has available “community block grants” for projects that would improve economic development or that benefit residents.  There are two projects being considered by the Town, sidewalks/crosswalks in the Hamlet and the American Legion building in Southfields.  The grants are either for one year for $125,000 or 3 years with $125,000 each year.  In the Town’s Comprehensive plan, which was adopted in 2011, there are a lot of references to pedestrian “walkability” which it was felt would help to increase tourism and bring more business to the area.  The money from this grant would be available starting in the Spring of 2017.  

Supervisor Rost added that what was being discussed was the “streetscape” as this would also include things like lamp posts and landscaping. 

Councilmember Lindsay noted that this would also be addressed in the Comprehensive Plan, which the Board would be reviewing and revising, but the deadline for the grant applications is April 15 and thus the public hearing (a requirement of the grant application) was taking place first. 

Mary Graetzer remarked that when the multimodal plan from Burgess Associates, copies of which Councilmember Lindsay had distributed to the Board and audience, was first introduced and being considered, the one main point of discussion was the lack of parking in Town.  Without parking, people would not come into or stop in Town to make use of sidewalks.  Mrs. Graetzer wondered if Councilmember Lindsay had considered this?  She responded that this would have to wait for the Comprehensive Plan review.  Mrs. Graetzer reiterated that they could add all the sidewalks in the world but if there was nowhere for people to park in order to use them, what good would they be? 

Jim Hays noted that he felt the Town should encourage people to walk more as it was good for them as well as the environment and, if they needed to park, they could use the commuter lot. 

Mrs. Graetzer responded that this was full all day long. 

Mr. Hays replied it was not full on the weekend.

Several people then spoke up and said this plan was not a weekend only plan.

Dena Steele wondered about the possibility of getting Route 17 reduced to two lanes through Town with parking on the side of the street. Then, if the Town were to enforce the 35-mile an hour speed limit in conjunction with reducing the road, people would be more likelty to take the Thruway or Long Meadow Road (if they were going to Warwick)

Councilmember Lindsay responded that this is called a “road diet,” and in her discussions with the Department of Transportation, she discovered that while they might have thought favorably about something of this nature a few years ago, there were new people in charge now.  However, she feels it might be worth a try. 

The Public Hearing was then officially opened.

John McNamara wondered if anyone knew how many cars/people drove through Town and if the Town were able to get the road downsized to two lanes, wouldn’t that reduce the amount of potential customers for businesses in Town.

Supervisor Rost responded that during the casino application process, the businesses in Town had all said that they would welcome less traffic coming through because it would mean that the traffic that was in fact there, was not just passing through and more likely to stop and do business.  This however, was with the understanding that a new Thruway exit might be constructed at the 17A interchange.

Highway Superintendant Dollbaum noted that the only people who would walk to Town were those who lived in the Hamlet as people from Eagle Valley, the Park and Laurel Ridge/Clinton Woods would be driving and then would need a place to park. 

Councilmember Lindsay reiterated that parking would have to wait for the Comprehensive Plan review. 

Councilmember Loncar then stated that he didn’t feel he could vote on this issue as, despite his having asked for it, he had never been given the specifics of what was in the grant. 

It was explained to him by Councilmember Lindsay, Supervisor Rost and Town Attorney Nichol that that isn’t how grants work.  What is being considered is the application for the grant.  No one will know what the specifics are until/unless the grant is offered to the Town.

At that point, the Town is not under any obligation to accept the terms or the grant if they don’t like what is being offered. 

John McNamara asked if any taxpayer money would go into the project?

He was told no, it would be funded entirely by grant money coming from the County.  If more money were needed, it would come from the first LDC, which had been set up for Town “beautification” under the Tuxedo Farms Special Permit.

Councilmember Loncar then stated that he would go along with the application for the grant as long as the Town was not bound by it but that he could not go along with taking any money for the American Legion building as it isn’t being used for anything.

Jim Hays commented that he felt a lot of what was being proposed and discussed were things that would improve the appearance of the Town regardless of whether we have parking or not and he was in favor of doing that. 

Councilmember Reardon added that it would improve safety at the same time. 

When asked for her thought on the American Legion building, Councilmember Lindsay replied that a part of the grant is for improving the appearance of rundown sections of Towns.  Since there is no handicapped accessibility to that building, she felt they could add a ramp in the front, making it resemble a porch, and then paint the outside of the building which, in her opinion, would make it look a lot better. 

Councilmember McMillen wondered if the American Legion had an active charter and if so why weren’t they responsible for fixing up the building?

He was told that the American Legion had given the building to the Town while reserving the right to use it for meetings.

Dena Steele commented that if the Town were going to be improving the look of the Town, she felt they ought to be doing something to hide the DeMarino dirt farm that is the first thing anyone sees when entering Town from the South.

Councilman McMillen agreed and said he had been involved in trying to get this “regulated.” 

Jim Hays wondered what was happening with the “Iazzetti dump.”  Property is being cleared but no one seems to know what is going on there.

Supervisor Rost stated that they have the necessary permits and also have containment vessels for whatever they are taking up there. 
Mr. Hays then stated that “dumps have a way of growing, and this town seems to have problems with dumps.”  He went on to say that DeMarino must be over the existing height they are allowed to have on their property. 

At this point, it was pointed out that the Board was getting off the subject of the public hearing. 

Councilmember Lindsay stated that the application was for a 3-year grant for the streetscape, with the description being left as broad as possible. 

As there were no more comments, the public hearing was then closed.

Supervisor/Town Board Update:
Supervisor Rost reported that he is continuing to work on the Highway Department property.  The Town is in the process of obtaining written quotes from different vendors for the cleaning up of the property.  Additionally,  the Town’s consultants are working on the Comprehensive Plan with the hope that a public hearing on that can be scheduled relatively soon. 

Councilmember McMillen stated that he has received a lot of complaints within the last month about garbage cans, which are left out perpetually on the street in certain areas of Town.  He checked the code and discovered that there is nothing within that addresses this issue. He feels that the complaints are justified not only because is it unattractive but also because it warrants a safety hazard as cans become an obstruction to the view of both vehicles and pedestrians.  Also, he reported, bulk pickup items are a problem.  Some people have put items out and they sit there without being collected sometimes for 2 weeks or more.  Councilmember McMillen feels that many people probably don’t know that they have to call the garbage contractor directly when they have bulk pick up items and thus he feel the Town needs to do more education about this.  He also recommends that they update the code to “bring it into the modern day.”  This particular section of the code has not been revised for 58 years.

Diane Petrosky commented that she had called the garbage company more than once to request a bulk pickup.  The company says they will come and then doesn’t for 2-3 weeks.  So, she feels the problem lies at least partly, if not entirely, with the vendor. 
It was agreed that Shari Brooks would be asked to send out a reminder about garbage cans in her next mailing.

There was also discussion about bears getting into garbage.

Residents must be reminded that they should not put their cans out the night before at this time of year.

Councilmember Lindsay stated that there was a deadline to get “into the queue” for possible community solar projects. 

Councilperson Loncar again expressed his opposition saying that the Town has no good place to put a solar farm. 

Councilperson McMillen said he would not be in favor unless the savings were over 25%. 

Councilmember Lindsay reminded the Board that what was being discussed was only to “get into the queue” and without that, there wouldn’t be an option of a solar project. 

A motion was made and passed unanimously to have the Town Attorney review the application, which would then be sent to Con Ed.  There is no stipulation that the Town has to go on to place a solar farm anywhere.

There were NO public comments on agenda items.

Agenda Items

  1. Resolution to approve Tuxedo School District’s “STEM” Banner – The School has requested permission to place banners advertising their STEM program at the North and South entrance of Tuxedo on Route 17.   These will be on stakes near the “Welcome to Tuxedo” signs.  It was unanimously approved.

Public Comments:
Andy Berish inquired if the Board had considered any candidates for the Chief of Police position and suggested that Lieutenant John Norton should be considered.

John McNamara noted that there had been a presentation about bulk power purchase given a few meetings ago and wondered if anything more had happened with that.  He was told nothing further has been done with this. 

Vouchers were signed and the meeting adjourned into an Executive Session to discuss personnel matters.

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Agenda for Town Board Meeting April 11, 2016

Call to Order
Pledge of Allegiance

Public Hearing Regarding Block Grant Application for the Improvement of the American

Legion Hall and to the Sidewalks/Walkways to the Hamlet.

Minutes

Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Resolution to Approve the Tuxedo School District’s Banner

Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting March 28, 2016

The Town Board met on Monday, March 28, 2016 at 7 pm.  Councilmember Reardon was absent.

Town Supervisor/Town Board Update:
Supervisor Rost reported that Perfect Cut has completely vacated the Highway Department property and a gate has been installed to prevent anyone entering to dump any material there.  There have been as many as eight vendors who have expressed interest in cleaning up the property.  Highway Supervisor Dollbaum has been showing them around the site.  The Supervisor will give another report when more information is known.

Tuxedo Farms is still putting in their infrastructure.  They have made a lot of progress on the sewer plant and the Supervisor is hopeful that the plant will be brought online by the end of October. 

As far as the conservation easements are concerned, there is a title issue on one parcel that is still being worked on.

Councilmember McMillen gave an update on the 911 system.  911 is just waiting waiting for a phone line to be installed.  Once that goes in, the Town will be able to turn everything over to 911.  Councilmember McMillen hopes to have this done within 30 days. 

Councilmember Lindsay reported that the deadline for submitting projects for the Community Block Grant program was March 28 and she has submitted two projects:  improvements to sidewalks in the Hamlet area of Town and improvements to the American Legion building in Southfields.  The money for these projects, if approved, would not be available until 2017.  She has also been in touch with the Department of Transportation regarding money for the sidewalks.  The Block grant could either be for $125,000 for one year for up to 3 projects or as a 3 year grant for one project which could yield $125,000 each year.  As part of the application process, there needs to be a public hearing on the subject.  She is hoping this can be scheduled for the next Town Board meeting.  There followed some discussion regarding the American Legion and it’s potential uses as currently no group in Town seems to want to have anything to do with the building. There was also discussion about which parts of the sidewalks in Town could be widened. 

Agenda Items:
1-Grant Waiver Request – Tuxedo Farms: Resolution authorizing

Town Attorney Don Nichol explained there were three items in the request.  One has to do with the type of pipes used in the water system; one relates to the size of the pipes in certain storm sewers and the third has to do with the size of various manholes. 

He further explained that when Town Engineers H2M were inspecting some of the work going on, they discovered that while the Special Permit called for cast iron piping for the water system, what was being installed is PVC piping.  Dennis Lindsay of H2M has stated that while his preference would be for the iron piping, he didn’t think the PVC pipes would be a mistake.  If properly installed, it should have a comparable life span to the iron pipes.  

Mr. Nichol feels that the Board needs to identify and put into place procedures for moving forward with waivers as it is his opinion that there will be many requests for these due to the size and scope of the project.  This particular request (PVC piping for water system) has been through the Planning Board and has been approved by them but it must be signed off on by the Town Board as mandated by the Special Permit.

Mr. Nichol also feels that the Town needs to tighten up on the inspection process.  Right now, H2M is doing spot checks.  Tuxedo Farms is using a company called Advanced Testing who are on site daily.  Mr. Nichols checked the company out and finds good reviews of their work.  He recommends that the Town request that Advanced Testing report directly to them while continuing to be paid by the applicant.  It is in the best interest of both the Town and the applicant that the work being done be of the highest, best quality. 

The motion to grant the request was approved unanimously.

2-Resolution authorizing the Town to approve a gift agreement of ski equipment from Genting. 

Genting had purchased equipment for the Ski Center during the casino proposal process.  An inventory of said equipment needs to be done.  Genting has provided the Town with their bill of sale for the ski center, which included a lot of equipment.  They would like to give the equipment to the Town.  Once passed, this resolution would give the Town the right to hunt down any of the equipment should it be missing. 

The motion was passed unanimously.

3-Resolution authorizing Edith Stevens to continue to participate in the Town’s Medical Insurance program for retirees.  Mrs. Stevens is currently receiving benefits as the surviving spouse of a Highway Department employee.

The motion was approved unanimously.

4-Resolution granting a waiver allowing Elizabeth Smith to participate in the Town’s Medical Insurance program for Retirees before Retirement Age of 62.

The resolution was approved unanimously.

Public Comments:
Jim Hays wondered if cast iron pipes would be better for the water system in Tuxedo Farms, why the Town Board would approve PVC? 

He was told that the Planning Board, County Planning Board and H2M had all approved the PVC and since, installation is already under way, there seems to be no reason to make them take it out.  Town Attorney Nichol added that he had been told that both pipes had the same life span.  Councilmember Loncar further stated that the use of PVC was more and more common these days.  Building Inspector Dave Makisch added that cast iron was good for locating buried pipes later on but every turn that Is being installed has some cast iron installed on top of it so it will still work for that.

Dena Steele stated that she had heard that on the conservation easement for the Northern Tract there was “a carve out” for the Pilgrim Pipeline and that if this is true, the Town will have given up any basis they might have to object to the pipeline. 

She was told that as far as anyone on the Board knew, this was not true.

She also commented that as far as the American Legion building was concerned, she felt it was a very poor facility and that it would be a waste for the Town to spend any money on it.

Jim Hays said that Tuxedo Farms had cleared a very large area and he wanted to know if it was true that they would not clear any more until they build out and sell what they have already cleared.
He was told that the Board had heard nothing about that.

Mike Santoianni wanted to know what equipment was included in the gift from Genting.

He was told that the Town would be sending someone up to take inventory and that, until this was done, they have no way of knowing what is there.  They have not been able to do this so far because they didn’t own the equipment. Now they do.

Michael Bruno wondered about the possibility of closing one lane of Route 17 to traffic for perhaps an hour, maybe on a Sunday so that a trash pickup could be organized.  He expressed dismay at the amount of trash to be seen along the side of the road. 

Supervisor Rost responded that the Chamber of Commerce used to sponsor a trash pick up day and that he had contacted some of their Board members to see if they could get one going for this year.  Sue Scher added that the Friends of Sterling Forest would be having a clean up of the parking lots at the junction of 17 and 17a on Earth Day. 

Jim Hays wondered if the gift of ski equipment included the ski lifts. 
He was told no, that is a permanent installation.

John McNamara inquired whether the Board had heard further from the residents of Sapphire Lake (who had appeared inquiring about being annexed into the Town).

Supervisor Rost replied he was trying to set up a meeting with them.

John Kilduff commented that he remembered that a few years ago, Take-a-Break had tried to install a small neon sign advertising pizza for sale and they were shut down pursuant to the town’s Sign Law.

He wondered if the sign law was still in effect and if so, what about the awful looking closeout signs that were all over the windows of the former IGA. In his opinion, it looks awful.  

He was told that the Building Inspector has been on vacation but now that he is back, he will be dealing with this.

Mr. Kilduff then stated that all the work being done on Tuxedo Farms property, clear cutting the land, couldn’t possibly require a building permit.  He further commented that a building permit came with massive implications, not the least of which was support for our schools.  Since he has been involved watching this project for many years, he felt compelled to state that this stage of development is when developers “do all their damage” to the property and then pull out.  He mentioned that Related had a history of this kind of behavior as this is what happened in Aspen, Colorado.  Mr. Kilduff is unhappy to hear that Related is trying to get out of making a payment to the school because of the technicality of not having been issued a building permit.  In his opinion, they are doing a whole lot of work on the property and now is the time when the school needs their support.  Since this is precisely the stage when Related defaulted both in Aspen and Miami, he wanted to make sure the Board would be on the look out for this. 

Councilmember Loncar responded that Related was not required to pay until they were granted the first home-building permit.  The Supervisor subsequently corrected that it was the first structure-building permit and it will be triggered with the YMCA.

Mr. Kilduff responded that it looked like building permit material to him and then stated “if they’re in the deal, they should get into the deal and support the school.”

The Building Inspector stated that the permits they have now are clearing and grading permits, not building permits.

Vouchers were signed and the meeting was adjourned.

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Agenda For Town Board Meeting March 28, 2016

Call to Order
Pledge of Allegiance

Minutes

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Grant Waiver Request - Tuxedo Farms

2. Resolution Authorizing the Town of Tuxedo to Approve a Gift Agreement of Ski
Equipment from Genting.

3. Resolution, Authorizing Edith Stevens to Continue to Participate in the Town’s
Medical Insurance Program for Retirees.

4. Resolution Granting a Waiver Allowing Elizabeth Smith to Participate in the Town’s
Medical Insurance Program for Retirees before Retirement Age of 62 .
.
Any other business that may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting March 14, 2016

The Town Board met on Monday, March 14, 2016 at 7 pm.  Councilman McMillen was absent.

Supervisor/Town Board Update:
Supervisor Rost reported that Town Auditor, Cooper Arias, has begun the 2015 audit.  Additionally, he mentioned that Perfect Cut has vacated the Highway Department property and that his office has been contacted by three or four different vendors who are interested in removing the material left behind there.  Highway Superintendent Dollbaum is working with the various vendors to let them inspect the property and the Supervisor said he would update the Board as bids for this work come in.  Finally, he reported that the Town Consultants would be scheduling a meeting shortly to do a “final scrub” on the Comprehensive Plan. 

Councilperson Lindsay reported having been to a meeting in New Paltz with municipal officials located in municipalities along the proposed Pilgrim Pipeline, discussing what municipalities can do to oppose the Pipeline.  They discussed a letter  received by all in response to their opposition to the Thruway Authority’s dual lead agency status with the DEC.  The deadline for a response to this letter is March 21.  If Tuxedo intends to respond, the letter will need to consist of the Town’s reiterating and clarifying their original opposition to the dual lead agency status. Councilwomakn Lindsay then introduced a resolution to have Town Attorney Nichol compose the letter and giving permission for Supervisor Rost to sign such a letter.  It was passed unanimously.  

Next, Councilwoman Lindsay reported that A Better Tuxedo was working with the Chamber of Commerce on the proposal for a kiosk in Town and hoped to have a proposal for an upcoming meeting.  Also, she is still working with solar companies and hopes to receive proposals from them in the near future.

Agenda Items:
Presentation by Good Energy:
Edward Carey and Javier Barrios of Good Energy LLC gave a presentation on Community Choice Aggregation (CCA) for energy bills.  Aggregation for many things is something that Governor Cuomo is encouraging municipalities to do.  CCAs enable residents to aggregate their buying power for energy. A company called Sustainable Westchester will be doing this over in Westchester County.  Good Energy proposes to put together a group for Orange County.  It would be an opt-out program.  Residents would be able to choose from dealing with Orange and Rockland, dealing with the companies which call and pitch residents over the phone or dealing with Good Energy which, they feel, will offer the lowest rate because they will be representing residents from all over Orange County and thus will be able to buy in a larger bulk.  What Good Energy is looking for is a letter of intent or support from Tuxedo.

They are hoping to obtain similar letters from many municipalities in Orange County.  Then, the County could petition the PSC for a CCA. 

Resolutions:
The following resolutions were passed:

  • a Resolution to put Surplus Vehicles and Equipment up for Auction
  • a Resolution appointing the Town Bookkeeper – Town Auditor Cooper Arias was appointed to the position, replacing Bill Sweet who has taken a job in NYC and thus cannot continue as Bookkeeper.
  • a Resolution to approve annual towing licenses – Loyal Tire and Apple Auto

Public Comments:
Dale Mottola requested temporary sign permits for:
   1-The Sons of Italy pasta dinner on April 3
   2-TPAG for their next event on April 19th.

Both permits were approved.

Councilmember Reardon reported having seen the George F. Baker production of the Wizard of Oz and said it was excellent!

Andy Berish inquired as to the status of the proposed Sapphire Lake annexation.  He was told that it was still being considered.

Vouchers were signed and the Board adjourned into an Executive Session to receive advice from Counsel.

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Agenda for Town Board Meeting March 14, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Presentation by Good Energy
2. Resolution to put Surplus Vehicles and Equipment up for Auction
3. Resolution Appointing the Town Bookkeeper
4. Resolution to Approve Annual Towing Licenses
Any other business as may come before the Board after this Agenda is posted.

Budget Transfers

Budget Modifications

Vouchers

Adjournment

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Town Board Meeting February 22, 2016

The Town Board met on Monday, February 22, 2016 at 7 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost reported that someone has expressed interested in purchasing the old Red Apple Rest for the purpose of opening a new restaurant.  He will keep everyone apprised as information becomes available. He also announced that the School will be opening the gym on Tuesdays and Thursdays from 7-9 pm for all residents 19 and older to play basketball.  This will begin on March 1. 

The Board did some work on the Town’s Comprehensive Plan during their Executive Session (immediately preceding the meeting). There is some more work to be done on the document, but the Board is working toward holding a public hearing during their second March meeting. 

Presentation by T.U.F.S.D to Update the Community on the STEM Program:
The Supervisor opened this part of the meeting by announcing that the purpose of this presentation was solely to bring the Board up to date on the STEM program being offered by the School.  He added that questions would not be taken at the conclusion of the meeting and that the presentation would not include any detailed financial information.  The Board members were all provided with an email address to which they could submit any questions they might have.  He then turned the floor over to  Nancy Teed, Interim Superintendent, who began the presentation by introducing the team present from the School.  They were:  Jason Schrammel, K-12 Principal; Marco Margotta, Technology and Engineering Teacher as well as STEM Advisor and Eric Sorenson, Assistant K-12 Principal.  Also present were Board of Education Member Meg Vaught and Board Vice President Diana Petrosky.

Utilizing a powerpoint presentation, Mr. Schrammel and Mr. Margota addressed what STEM education is and explained how the program is working at George F. Baker and George Grant Mason Schools.   The High School offers diplomas in Regents, Advanced Regents and Local programs.  There are 5 different “Pathways” within the program: traditional engineering, computer science, environmental science, health science and the cross content pathway (where the student puts together different parts of the pathways to make an individualized program). During their Freshman and Sophomore year students take basic introductory STEM courses, which provide them with a more detailed understanding of each pathway.  Each Student then selects the pathway that is best for them on which to focus during their Junior and Senior years.  The program focuses on various methods of advanced critical thinking and utilizes hands on learning methods both in and outside of the classroom that will help to ensure future success.  Many Pathways include job shadowing and/or internship opportunities within the Senior year. 

The District has held several Open Houses and to date, there have been 65 inquiries and 41 families have attended and expressed interest, representing a potential 43 students.  Additionally, the school has launched a “Tornado For A Day” initiative in which prospective students are given the opportunity to attend the high school for a day and shadow a current student.  This has been fairly successful, with 11 prospective students having participated thus far.  Based on the success of these open houses, an additional Open House has been scheduled for the month of March.  

There will also be an Open House for the Community in during the month of April and all are encouraged to attend.

In terms of growth and fiscal sustainability, Mrs. Teed reported that based on current marketing efforts the district believes they will be able to attract enough non-resident students to increase the High School population by a minimum of 25% over the next 3 years.  She further stated that while these non-resident students would certainly enhance the program, the district does not need them in order to financially sustain it’s self moving forward.  Based on current available data, the Board anticipates the ability of the District to maintain all programs at both bot the Elementary and High School levels without substantial increases in school taxes for the 2016-2017 school year and beyond. 

Resolutions:
The following resolutions were approved:

  • a Resolution to approve the Town Clerk attending Town Clerk Training in Saratoga April 17-April 20, 2016
  • a Resolution to authorize using Auctions International to sell the Town’s Surplus Vehicles and Equipment. 
  • a  Resolution to approve annual towing licenses for Harriman Auto, C.A.R.S. and Tuxedo Gulf
  • a  Resolution authorizing application for a $75,000 grant for two dump trucks. was not voted on. Councilperson Loncar voted no saying he had a problem with the fact that the Town had just eliminated a shift of police and then were looking to buy 2 trucks.  It was agreed that the deadline for the grant would be researched and the Supervisor would have authorization to submit the grant if the dates allowed.

Discussion regarding Solar Fields:
Superintendent Rost asked Councilperson Lindsay to lead this discussion.  She began by reporting that the plan would require 3 separate entities to build and operate the proposed field:  the builder, a separate administrator and the entity responsible for doing operations and maintenance.  The Town would have a power purchase agreement whereby after 20 years, ownership will transfer to the Town.  What needs to be decided next is the location. 
The companies have been looking at the Quarry Field property, however Councilperson Loncar stated that he feels strongly that that property was purchased for future recreation in the Town so he doesn’t want to see it used for a solar field. 

Councilperson Lindsay responded that the proposed field would not be in the middle of the property,(aka the ball field) but instead more toward and on the hillside.  This section of land cannot be used for ball fields or soccer fields anyway.  Councilman McMillan agreed commenting that he had visited the site and would be happy to re-walk it with Councilman Loncar so that he could get a better idea of the proposed location.

Ultimately, it was agreed that the Board would like to see a detailed plan from the company.  Also several Board members and Highway Superintendent Dollbaum want to walk the property.

Public Comments:
Diana Petrosky stated that she is a notary and will make her services available to the Town until the Town Clerk has gotten her notary license.  She also mentioned that the School Board has also been looking into a solar field and suggested that perhaps the Town and the School could join forces on this subject.

Fidelis Curry requested that the Town consider making video recordings of their meetings and then making these available online.  She was told that the Board would look into it. 

Vouchers were signed and the meeting was adjourned. 

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Agenda for Town Board Meeting February 22, 2016

5:00 p.m.- EXECUTIVE SESSION to receive advice from council and to discuss Zoning Comprehensive Plan

Call to Order
Pledge of Allegiance

Minutes
Town Supervisor/Town Board Update

Public Comments on Agenda Items
Agenda Items:

1: Tuxedo U.F.S.D. to Update the Community on the STEM Program and other Information
Regarding the School District

2. Resolution to Approve the Town Clerk to Attend the Town Clerk Training in Saratoga
April 17 through April 20, 2016

3. Resolution to Authorize using Auctions International to sell the Towns Surplus Vehicles &
Equipment.

4. Board Discussion Regarding the Solar Fields

5. Discussion to Move Ahead with Resealing Some of the Town Roads.

6. Resolution to Approve Annual Towing Licenses

7 Resolution Authorizing Application for $75,000 for Two Dump Trucks

8. Any other business as may come before the Board after this Agenda is posted.

Public Comments
Budget Transfers
Vouchers

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Town Board Meeting February 9, 2016

The Town Board met on Tuesday, February 9, 2016 at 7 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost reported that he had been working on executing the insurance plan for Town employees as well as the Orange County 911 migration.

Councilmember McMillen commented that a lease has been signed and most of the necessary equipment for the 911 migration has arrived, but they are still waiting for a couple of items.  As soon as these arrive, they will be installed and then the Town will begin testing the system.  He will have an update at the next meeting.

Councilmember Reardon commented that any changes to the insurance had been made as of February 1 and that she had been working with the brokers on that.  

Councilmember Lindsay reported that she had met with On Force Solar regarding the proposed solar field.  She wondered how she could move to the next step?  The application to O&R requires the Town to name a company with whom they are working, so they will need to decide whether they will use Con Ed Solutions or On Force Solar.  Both companies have offered to make a presentation to the Board.  After some discussion, it was decided that both companies would be asked to submit a formal written presentation so that the Town Attorney and Town Planner can review them.  The Board also needs to decide where they want to site the proposed Solar Field.  Currently, locations at Quarry Field as well as the Highway Garage are being considered. 

Mrs. Lindsay also commented that Supervisor Rost has sent letter to the DEC stating that the Town Board opposes a dual Lead Agency status for the DEC and the Thruway Authority for the proposed Pilgrim Pipeline project and that the Town supports the DEC for that position. 

Public Comments on Agenda Items:
Andy Berish asked if the garbage companies mentioned in Items 2 and 3 were the same ones being presently used. 

He was told that the action being considered was to issue licenses for different companies to be able to do business in Tuxedo and this was not the Town’s (resident) garbage collection contract. 

Mr. Berish commented that he hoped residents knew that they had to call the garbage company in order to arrange a bulk pickup.  He has noticed several items left curbside on his street for a while now.  He was told that if he noticed this in the future, he should call Town Hall and report it.  

Sue Scher stated that shortly after the Lead Agency status for the Pilgrim Pipeline is determined, they will be moving on to the scoping process and she hopes that the Town will be involved in this process.

Supervisor Rost assured her that Councilmember Lindsay would be taking care of this. 

Mike Reardon wondered if anyone had checked to see whether the equipment that Genting had given to Tuxedo Ridge Ski Center was still there.

Supervisor Rost replied that he was waiting to get a list of this equipment from Genting so it could be looked into. 

Jim Hays inquired as to whether or not the agreement the Town has with Perfect Cut includes their removing the dirt pile located at the Highway Garage property. 

Supervisor Rost responded that it does not.

Hilary Lindsay, speaking on behalf of Michael Bruno, wondered what locations would be approved for the kiosk, which has been proposed for the Town.  Mr. Bruno is thinking of two locations, one to be in the train station parking lot and perhaps another one in the IGA parking lot. 

Agenda Items:

  • A Better Tuxedo Committee to discuss possible locations for an Information kiosk
  • Councilmember Lindsay outlined a couple of different locations within the train station parking lot. The kiosk will be a double sided structure with a map of different businesses and restaurants available around Town on one side and maps and information about hiking trails on the other side.   There was discussion as to whether to put this on the north end of the parking lot or on the south side of the station.  Pros and cons for both locations were discussed.  Ultimately, Supervisor Rost told the Committee to put together a couple of designs and possible locations and then come back to the Board for approval.

Resolutions:

The following resolutions were approved:

  • A Resolution approving a refuse collection license for Cottage Carting D/B/A Marangi Disposal
  • A Resolution approving a refuse collection license for Interstate        Waste Services, Inc.
  • A Resolution stating that any Board member wishing to attend the Association of Towns event in Manhattan would be permitted to attend.

Vouchers were then signed and the Board adjourned into an Executive Session to receive advice from council and to discuss Zoning and the Comprehensive Plan.

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Agenda for Town Board Meeting February 9, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update
Public Comments on Agenda Items

Agenda Items:
1.   The “A Better Tuxedo” Committee to Discuss Possible Locations for an Information Kiosk

2.   Resolution Approving Refuse Collection License - Cottage Carting D/B/A/ Marangi Disposal
 
3.   Resolution Approving Refuse Collection License - Interstate Waste Services, Inc.

4.   Any other business as may come before the Board after this Agenda is posted.

EXECUTIVE SESSION to receive advice from council and to discuss Zoning Comprehensive Plan

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting January 25, 2016

The Town Board met on Monday, January 25, 2016 at 7 pm.  All members were present.

Supervisor/Town Board Update:
Supervisor Rost began his report by thanking the Highway Department for the great job they did clearing the snow over the weekend.  He also gave his thanks to Captain Casey of the State Troopers and Orange County Sheriff Carl DuBois.  He noted that cars from both departments have been all over town at all hours of the day, not just between 11 pm and 7 am.  He further mentioned that Orange County Executive Steve Neuhaus has been very supportive during the Town’s 911 migration. 

Speaking about the Town’s employee insurance plan, the Supervisor said that the contribution rate for all non-bargaining employees and new hires had been painstakingly analyzed and discussed by the Board.  The changes being made must be made in order to put the Town back on track financially.  He then thanked Councilwoman Reardon for all of her effort working with Consultant Michael Richardson on this. 

Regarding Perfect Cut, Supervisor Rost stated that the Town Attorney would be contacting the attorney for Perfect Cut in order to discuss the wind down of the business as well as putting a halt to any new material being brought on to the property.

Finally, the Supervisor said he had been working on liaison positions for the Board members and hoped to have those assignments ready by the following Wednesday.

Councilman McMillen next gave an update on the 911 migration efforts.  It has turned out to be an expensive proposition as 4 repeaters had to be added to existing towers and new filters were needed for the radios.  The estimated cost for all this was  $75,000.  Instead of incurring those costs, the Town will be leasing the equipment from the County at a cost of $1,800 per month.  At the end of 2 years, the system will be changed over to microwave with the cost being borne by the County. The work to bring this system online currently underway and in approximately 3 weeks, they will go to a test phase where both systems (dispatchers and 911) will work side by side.   This phase will continue until the Board is satisfied the new system is working well.  Police Lieutenant Norton and Councilman Loncar are also working on the project.  Councilman McMillen vowed to make sure the system was working 110% before the switch was flipped.

Councilwoman Lindsay next reported on her efforts regarding the potential Town solar field.  She met with Con Ed Solutions, a subsidiary of Con Ed.  They are looking at various Town properties to see if there is a suitable site to install a solar field. The projection was that the Town would save about $50,000 a year in their electrical costs.  The project would be built, maintained and operated by Con Ed.  (They will also be looking at other companies)  If the Town is able to get into the Community Solar Program, they would be able to install a large enough field to produce enough electricity so that some could be sold to residents and businesses in Town.  The first buildings to benefit from this would be the Town buildings as well as those owned by the Village of Tuxedo Park.  They will be meeting with two additional companies to hear their proposals.   The Community Solar Program, a State program, is presently shut down because it reached its limit. If the legislature decides to extend it, getting in would require the Town to build a much bigger project.  Councilman Loncar objected saying that in his opinion the only suitable property the Town has is Quarry Field and that was purchased specifically for future Town recreation. 

Councilwoman Lindsay replied that they had also looked at the DPW site and the Con Ed representative felt that once it was cleaned up, that would be a great location because it could easily be leveled out. 

Speaking about the Pilgrim Pipeline, Councilwoman Lindsay first provided a brief background as to what led up to the DEC and Thruway Authority having been named as Co-Lead Agencies for SEQRA review of the project.  The City of New Paltz has sent a letter stating that they oppose the dual Lead Agency appointment and further stating that they support the DEC being named as the sole Lead Agency.  They are asking other municipalities to make the same statement/request.  Supervisor Rost then made a motion to authorize Town Attorney Nichol to write a letter to that end.  It was passed unanimously. 

Mrs. Lindsay also reported that the organization A Better Tuxedo, of which she is a part, is working with an organization called Trail Corridor comprised of members from Sloatsburg and Suffern as well as Tuxedo.  They will be holding a benefit Film Festival in Suffern on Feb. 23 and 24 to raise funds to promote the area.

Agenda Items:

Presentation by Bonnie Franson, Town Planner, Regarding Proposed Zoning Changes:
Ms. Franson gave a history and overview of the proposed zoning changes starting with the Town’s Comprehensive Plan, which was passed in 2011.  The amendments are meant to make sure that the Town’s Zoning Law agrees with the Comprehensive Plan.  This report was made in order to bring the new Board members up to speed on the project before moving forward, which they hope to be able to do soon.

Councilwoman Lindsay as to whether  any part of the plan or  amendments would be useful in the Pilgrim Pipeline negotiations.  Specifically she wondered if there was a list of watersheds and environmentally sensitive areas in the Town. 

Ms. Franson replied that the Pipeline wasn’t mentioned in the Comprehensive Plan as it did not exist when the plan was adopted.  She recommended that Councilperson Lindsay look in the Zoning Regulations for those things that regulate public utilities in Town. 

Town Resident Karen Dougher read aloud from Pilgrim Pipeline’s website their opinion that the proposed pipeline was consistent with both the Town’s Comprehensive Plan as well as the Village’s Zoning.  To read Pilgrim’s statement, click here

Resolutions:
The following resolutions were passed:

  • a Resolution appointing Mr. Al Jensen as Town Court Security Officer (Councilman Loncar abstained saying he hadn’t had enough time to consider Mr. Jensen’s background).
  • a Resolution authorizing execution of Agreement with Warwick Humane Socieity for 2016 Animal Shelter Services.  This is basically the same agreement signed every year. 
  • a Resolution approving a Refuse Collection License for Sterling Carting (this gives them the right to do business in Town.  The Town is NOT changing garbage carriers).
  • a Resolution to amend the 1991 medical plan for retirees.*
  • a Resolution to amend the 1991 medical plan for active employees*

 

This subject was discussed at the recent Town Board workshop with consultant Michael Richardson.  In addition Councilwoman Reardon has spent many hours reviewing the policies.  She recently sent the details out to the Board members and identified her latest report as the final version.  Councilman Loncar declared that he hadn’t had enough time to study the changes.  No one else seemed to have a problem.  Thus the vote on both resolutions was 4-1 with Councilman Loncar abstaining.  The deadine for signing up for these policies is February 1, which made it imperative that it be voted on at this meeting. 

Henceforth, for non-bargaining employees, the Town will pay 70% of the premium for families the first year and 50% for single employees.  This percentage will be phased down in subsequent years.  The Town will also pay 75% of the high deductible the first year, also to be phased down to 25% the second year and then none. 

Retirees are being switched over to a policy from Benistar, which costs less and gives them better coverage.  The Town had a policy stating that people hired after 2001 would have to contribute to their medical expenses but it had never been enforced. Going forward, retirees will have to contribute to the expenses.

Public Comments:
Ray Jaros representing Assemblyman Karl Brabenec said he had come to offer their services to the Town.

Supervisor Rost welcomed him and thanked him for coming.

Vouchers were signed and the meeting was adjourned.

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Agenda for Town Board Meeting January 25, 2016

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Presentation by Bonnie Franson, Town Planner, Regarding Proposed Zoning Changes

2. Resolution to Appoint Mr. Al Jensen as Town Court Security Officer.

3. Resolution Authorizing Execution of Agreement with Warwick Humane Society for 2016 Animal Shelter Services

4. Resolution Approving Refuse Collection License

5. Insurance

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Annual Reorganization/Regular-Bi-Monthly Meeting January 11, 2016

The Town Board met on Monday, January 11, 2016 at 7 pm.  All members were present.

The first item of business was the 2016 Reorganization meeting, which began with the swearing in of newly elected officials.  As such, Town Clerk, Donna Matthews, was first sworn in by Deputy Town Clerk Joanne Ennis.  Following that, Ms. Matthews swore in Supervisor of Highways Rob Dollbaum, Councilpersons Val Reardon and Michele Lindsay and last but not least, Supervisor Mike Rost. 

The Supervisor then thanked outgoing Highway Chief Ed Pfizenmaier, Town Clerk Elaine Laurent and Councilman Gary Phelps for all their years of service to the Town. 

Next, Supervisor Rost highlighted the changes in the Reorganization document as follows:

  • Town Hall will be closed on Fridays and open on Monday-Thursday.  Thus all employees, with the exception of the court, will become part time employees and thus are no longer eligible for medical benefits.  (In the court office, there was a retirement but there are still two full time court clerks working and they will receive their benefits).   
  • The Supervisor’s salary will be reduced 10% from last year.
  • Bill Sweet is appointed as Budget Officer, as well as Supervisor’s Bookkeeper. Given all the cuts and reductions, Mr. Sweet has volunteered to do this job for no compensation.
  • The annual parking fee for residents will be $178 and for non-residents $228.  This is the first increase in approximately 10 years!   

 Councilman Loncar complained that he had only gotten his copy of the reorganization document the day before and said that he didn’t feel he had been given enough time to review it.  He added that he wanted to discuss bringing the Planning Board back down to 5 members from the current 7.  He was told that this could be discussed at the next meeting. 

The Reorganization Document was then unanimously accepted.  Details are as follows:
Appointments:
The following appointments were made:


Deputy Supervisor

David McMillen

Supervisor’s Clerk

Shari Brooks

Supervisor’s Bookkeeper

William Sweet

Deputy Registrar

Joanne Ennis

First Deputy Town Clerk

Joanne Ennis

The yearly salaries were approved for the following Town Officials and Employees:

Town Supervisor

Michael Rost

$33,728.29

Town Council Member

Michele Lindsay

$  6.634.89

Town Council Member

Clifford Loncar

$  6.634.89

Town Council Member

David McMillen

$  6.634.89

Town Council Member

Valerie Reardon

$  6.634.89

Town Justice

Shawn Brown

$24,553.00

Town Justice

Sandy Newman

$23,690.00

Receiver of Taxes

Greg Stevens

$11,362.00

Town Clerk

Donna Matthews

$55,000.00

Superintendent of Highways

Rob Dollbaum

$85,000.00

Supervisory Court Clerk

Elizabeth Smith

$47,981.00

Justice Clerk

Claire Squillini

$40,053.00

Supervisor’s Clerk; Recreation Coordinator/Summer Camp Director; Payroll Coordinator; Permit Coordinator

Shari Brooks

$45,973.16

Town Bookkeeper

William Sweet

$20,000.00

Account Clerk

Brian Sullivan

$20/hour

Assessor

Greg Stevens

$40,709.00

First Deputy Town Clerk

Joanne Ennis

$33,641.00

Dog Control Officer

Thomas Murphy

$  7,522.00

Emergency Management Officer

Ralph Brooks

$     793.00

P/T Clerk Typist for the Highway and Building Depts; Recording Secretary for ARB

Rachel Artrip

$15/hour

Fire Inspector; Building Inspector; Code Enforcement Officer; Flood Damage Prevention Administrator

David Maikisch

$56,833.22

Project Coordinator for Building Dept; Recording Secretary for Planning Board, Zoning Board, Architectural Review Board

Deborah Villanueva

$48,064.77

Board of Assessment Review/Chairman

Louis DeBrino
(9/30/16)

$  1,507.00

Board of Assessment Review/Member

Edward Brennan
(9/30/15)

$     538.00

Board of Assessment Review/Member

Nathaniel Jackson
(9/30/17)

$     538.00

Board of Assessment Review/Member

Frederick Jones
(9/30/18)

$     538.00

Board of Assessment Review/Member

Carol Matthews
(9/30/19)

$     538.00

Parks & Recreation Advisory Board/Member

Joseph Ricard
(12/31/15)

No compensation

Parks & Recreation Advisory Board/Member

Jean Ruffino
(12/31/16)

No compensation

Parks & Recreation Advisory Board/Member

Leslie DeVore
(12/31/17)

No compensation

Parks & Recreation Advisory Board/Member

Edward Pfizenmaier
(12/31/17)

No compensation

Parks & Recreation Advisory Board/Member

Deborah Villanueva
(12/31/18)

No compensation

Parks & Recreation Advisory Board/Member

Adam Frank
(12/31/19)

No compensation

Parks & Recreation Advisory Board/Member

Paul DiPaulo
(12/31/19)

No compensation

Board of Fire Commissioners/Member

Paul Eichengreen
(12/31/20)

No compensation

Board of Fire Commissioners/Member

Jeff Dowding
(12/31/20)

No compensation

Board of Fire Commissioners/Member

Gardiner Hempel Jr.
(12/31/16)

No compensation

Board of Fire Commissioners/Member

Edward Brennan Jr.
(12/31/17)

No compensation

Board of Fire Commissioners/Member

Ralph Brooks Sr.
(12/31/18)

No compensation

Board of Fire Commissioners/Member

Todd J. Darling
(12/31/18)

No compensation

Board of Fire Commissioners/Member

Charles Jones
(12/31/19)

No compensation

Zoning Board of Appeals/Chairman

Francis W. Peverly
(12/31/15)

$  1,611.00

Zoning Board of Appeals/Member

Andrew Rogers
(12/31/16)

$  1,166.00

Zoning Board of Appeals/Member

Thomas Darling
(12/31/17)

$  1,166.00

Zoning Board of Appeals/Member

George Langberg III
(12/31/18)

$  1,166.00

Zoning Board of Appeals/Member

Russell Shaver
(12/31/19)

$  1,166.00

Zoning Board of Appeals/Alternate

Position Open

 

Planning Board/Chairman

Michael Reardon
(12/31/16)

$   5,864.00

Planning Board/Member

Linda Phelps
(12/31/15)

$   2,661.00

Planning Board/Member

Darren Maynard
(12/31/17)

$   2,661.00

Planning Board/Member

Joseph Gartiser
(12/31/18)

$   2,661.00

Planning Board/Member

John Ruel
(12/31/19)

$   2,661.00

Planning Board/Member

Raymond Ferri
(12/31/19)

$   2,661.00

Planning Board/Member

Richard Rigoli
(12/31/19)

$   2,661.00

Architectural Review Board/Chairman

Dale Mottola
(12/31/17)

$   1,801.00

Architectural Review Board/Member

Michael Rothlauf
(12/31/15)

$   1,801.00

Architectural Review Board/Member

George McCathern
(12/31/16)

$   1,801.00

Architectural Review Board/Member

Todd Tereshkow
(12/31/16)

$   1,801.00

Architectural Review Board/Member

Position Open
(12/31/17)

 

In addition, the following appointments were made:

Town Veteran’s Officer

Paul Mitchell

Town Historian

George Langberg

Official Newspaper of Record

Times Herald Record

Official Depository

JP Morgan Chase

Requests for proposals have gone out for Town Attorneys, Town Engineers and Town Auditors.  Until such time as a successor is appointed, Jacobowitz & Gubits was retained as Town Counsel, Planning Board Legal Counsel and ZBA Legal Counsel.   Until such time as a successor is retained, Holzmacher, McLendon & Murrell P.C. (H2M) was appointed as Town Engineer.  Until such time as a successor is appointed, Andrew Arias of Cooper Arias was appointed as Town Auditor.

The regular bi-monthly meeting of the Board followed.

Town Supervisor/Town Board Update:
Supervisor Rost reported that the Town is still working with the County on the migration to 911. Councilman McMillen has taken the lead on that project.  Additionally, he stated that the insurance for non-bargaining position employees should be figured out by the end of the week. Councilperson Reardon has taken the lead on this project. 

The Supervisor further reported that he had just been given word that afternoon that the Court has upheld Perfect Cut’s eviction from the Highway Garage property with an exit date of February 29, 2016.  There is approximately $100,000 due to the Town from Perfect Cut.             

Public Comments:
Diana Petrosky asked about the value the bond held by the Town from Perfect Cut to be used for cleaning up of the property.  She was told $50,000.

Nate Wolinsky thanked Supervisor Rost for his email, sent that afternoon town-wide, regarding the Police and asked for further clarification.  Specifically he wanted to know what areas the police covering the Town would be responsible for. 

The Supervisor said that the State Police had a regular route that patrolled in Monroe, then went to Warwick and Greenwood Lake and then down to Tuxedo.   In addition, there will be a municipal agreement with the Village of Tuxedo Park who can also respond to any calls. 
Jim Hays wanted to know if the logging operation part of Perfect Cut would also cease with the judgment from the court. 

He was told it would.

Vouchers were signed and the meeting was adjourned.

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Memo From The Town Supervisor

Hello Tuxedo,

I want to inform you of some changes that came into effect on Jan 1, 2016.  As you are all well aware, we have made some very tough decisions to correct our fiscal condition in Town.  We were unable to reach an agreement with the Police Department to reduce current and future expenses.  We are mandated by the State of New York to maintain an acceptable fund balance.  Because of this, if one of our residents requires assistance from the Police Department between the hours of 11pm to 7am, a State Trooper will be dispatched. Mutual assistance will also be provided by the Village of Tuxedo Park Police.

Tuxedo Police will continue to provide coverage between the hours of 7am to 11pm. 

Regards,
Michael Rost
Supervisor- Town of Tuxedo

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Agenda For Annual Town Board Reorganization Meeting/Regular Bi-Monthly Meeting - 1/11/16

Call to Order
Pledge of Allegiance

ADMINISTRATION OF OATHS OF OFFICE OF ELECTED OFFICIALS

2016 REORGANIZATION MEETING

REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Agenda for Special Town Board Meeting January 7, 2015

Call to Order
Pledge of Allegiance

1. Public Workshop for the Purpose of Discussing Health Benefit Options for all Non-Bargaining Employees, Active and Retired

Adjournment

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Town Board Meeting December 28, 2015

The Town Board met on Monday, December 28, 2015 at 7 pm.  Council person Reardon was absent.

Supervisor/Town Board Update:
Supervisor Rost stated that things were winding down and that he has been putting the final pieces of the budget in place.   Also, with the holidays, people have been on vacation and there was not much to report. 

He further stated that Perfect Cut had made their final arguments on the eviction lawsuit in court two weeks ago and now the Town is waiting for the Judge’s decision.

Councilman Loncar wanted to know “what’s going on with the 911 dispatchers?”

Supervisor Rost responded that just as he had explained to Councilman Loncar on the phone, the police dispatchers would probably be around until the end of January.  While the Town could probably go ahead with the switchover to 911, he feels they need to take a step backward and let the EMS and Village of Tuxedo Park catch up to where the Town already is. 

Councilman Loncar next requested that the Supervisor send out emails to the Board stating exactly what was being done and what it was going to cost.

Supervisor Rost replied that he did not have these answers as yet as he is waiting for the price quotes to come in. When he receives them, he will share them with the Board. 

Councilman Loncar then stated “the problem is that when we were passing the budget, you told us it was a $8000 fix.  I knew differently and a bunch of people knew differently so I’m trying to figure out where the disconnect is.”

The Supervisor responded that the “disconnect” was that he has been working to move forward with the police and having 911 do the dispatching.  The work that has been done would have made that possible but they now have to wait while the EMS and the Village of Tuxedo Park catch up to where the Town already is as there is other equipment that needs to be installed as well.
Councilman Loncar then stated “I know that and that’s what I told you.”

Councilman McMillen then interjected that they had just found out about the EMS “problem.” 

Councilman Loncar insisted that they had known.  He added that he had been listening to a local fireman’s radio in his neighborhood and only about half the calls came through. 
Supervisor Rost then exclaimed that if it didn’t work, the Town would not do it.

Councilman McMillen seconded this assertion. 

Councilman Loncar commented that the budget had been passed and that they had only given themselves a $2000-3000 cushion so he wondered what would happen next?

The Supervisor replied that they would need to wait to get the price quotes as well as to see what Orange County plans to contribute because they have an obligation as well.  He reiterated that as the information became available, it would in turn be made available to the Board.

Councilman Loncar then insisted “I need something in writing!”

The Supervisor responded, “I don’t have it!  When I get it, you will get it.”

Councilman Loncar again insisted “I need the details and not just a week before the meeting!”

Supervisor Rost again replied definitively “when I get the details, you will have them.”

Public Comments on Agenda Items:
Mike Squillini stated that in 2013 Councilman Loncar had signed the budget knowing that there was a million dollar shortfall and he wondered how he could have done that?

Councilman Loncar replied that he had no idea there would be such a shortfall.

Mr. Squillini then asked “did you read the budget?”

Councilman Loncar assured him that he had.

Mr. Squillini next commented that he didn’t think Mr. Loncar had done a very good job of reading the budget.

Councilman Loncar said he’d done a very good job of reading the budget.

Mr. Squillini then wanted to know why the Councilman had signed the budget.
Councilman Loncar stated he had no idea there would be a million dollar shortfall.  He further commented “the accountants had no idea…nobody did.” 

he conversation then degenerated into name calling between Mr. Squillini and Councilman Loncar.

Agenda Items:

  • Notification was given of a Public Hearing on proposed Village of Tuxedo Park water rate increase to be held on Tuesday, December 29, 2015 at 7:00 pm in the Village Office
  • A Resolution of restatement and modification of Employee Health Benefits contribution policy was tabled.
  • A Resolution appoint JS Braddock agency as Town General Liability Insurance broker was passed unanimously.

Public Comments:
Diana Petrosky wondered if the public hearing for the water rate increase in the Village was for all customers of the Village Water Company or just Village residents. 

She was told that comments from all water company customers would be welcome.

Michele Lindsay wondered if anyone had looked further into setting up a water district that would be able to levy the unpaid water charges for the Village of Tuxedo Park?

Supervisor Rost told her that it was his understanding that the Village Attorney was working on that possibility with the Town Attorney. 

Councilman Loncar commented that the way he understood this, the Village wants the Town to be their tax collectors and Town Clerk Elaine Laurent added “we can’t do it.”  Supervisor Rost explained that the Village could certainly request that such a district be set up, but the Town Board does not necessarily have to approve it.  He added that he felt they needed more information from both legal counsels.

Supervisor Rost then gave a tribute to retiring Highway Superintendent Ed Pfizenmaier who was not present.   Following that, he paid tribute to Elaine Laurent who is retiring after serving the Town for 23 years in various positions including 18 years as Town Clerk.  The Supervisor called her one of the most gracious and dedicated Town Clerks the Town had ever seen and said her expertise and knowledge would be sorely missed.  Last, but not least, Supervisor Rost saluted Councilman Gary Phelps who has served the Town for 25 years with 17 years on the Town Planning Board and the last 8 years as a member of the Town Board.  Mr. Phelps was presented with a Key to the Town of Tuxedo.  He commented that he owed a lot to Former Planning Board Chairman Nils Gerling and Planning Board Member Joe Gartiser. 

Vouchers were then signed and the meeting was adjourned.

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Agenda for Town Board Meeting December 28, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update
Public Comments on Agenda Items

Agenda Items:
1. Notification of Public Hearing on Proposed Village of Tuxedo Park Water Rate Increase - Tuesday, December 29, 2015 at 7:00 p.m. at Village Hall

2. Resolution to Appoint Town General Liability Insurance Company

3. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting December 14, 2015

The Town Board met on Monday, December 14, 2015 at 7:00 pm.  All members were present.

The meeting began with a public hearing to receive comments on the 2016 Woodlands sewer rates.  There is no proposed change in these rates and there were no speakers so the public hearing was closed.

Supervisor Update:
Supervisor Rost reported that he had been very busy tying up loose ends with the budget.  He added that there was a lot that needed to be executed by the end of the year and this had taken most of his time. Perfect Cut was in court last week and is due back on Tuesday, December 15th.  The Board is hoping to get a ruling on the eviction soon.

Public Comments on Agenda Items:
Andy Berish asked for an explanation of an agenda item about the annexation of property in Sapphire Lake.  He was told that this was just an exploratory action at this time and that there would be more information when the item was raised. 

Resolutions:
The following resolutions were passed:

  • a Resolution to establish 2016 Woodlands sewer rates
  • a Resolution to appoint Jeffrey Dowding as Fire Commissioner with a term running from 12/1/16 to12/31/20.
  • a Resolution to appoint Donna Matthews as Registrar and JoAnne Ennis as Deputy Registrar

Discussion:
The following discussions took place:
   A discussion of an annexation request by Sapphire Lake Residents.  Tom Luddington, President of the Sapphire Lake Residents Association and Jim O’Donnell, a resident of Sapphire Lake, whose property is already in the Town of Tuxedo, were present to present their request.   Their association currently has 60 members.  Three of the homes are already part of the Town of Tuxedo and is located on the northern border between Tuxedo and Monroe just off of Harriman Heights Rd.  They are a self-sustaining community as they own their own roads and maintain them, including plowing.  They also pay for their own electricity for street lights.  The only service they presently receive, from the County, is waste removal. As a community they don’t feel as though they are well represented by the current Monroe Town Board and, in looking ahead to the future with the potential annexation of property into Kiryas Joel, they would like to explore becoming part of the Town of Tuxedo.  They would like to get things rolling, if the Board was amenable to the annexation. 

Councilman Phelps remembered that some of these residents had come before the Town to talk about annexation in the past. It was his recollection that these talks didn’t go anywhere mainly because the roads within their community are so narrow that it would be impossible to maintain and/or service them.  Mr. Luddington admitted that this was correct, but he said that their community now maintains and plows their own roads so this shouldn’t be a problem. 
All Board members expressed their willingness to continue this discussion. 

Town Attorney Don Nichol explained that with annexation, a petition would have to be presented to both the Town of Tuxedo and the Town of Monroe, both of which would have to agree in order it to take place.  The petition would have to contain both a map of the proposed property and a description.  Next, the Town of Tuxedo would need to do an environmental review, which would be followed by a public hearing, ultimately determining  whether or not it would be in the “public interest” to make the annexation.  The action would need to be approved by both the Town Board in Tuxedo and the Town Board in Monroe.  Should one of the Boards not approve, it would then become a court proceeding.  He added that before moving forward,  the residents should get some idea as to whether or not Monroe would be willing to let them go. 

New Business:
The Board held a discussion regarding their choice of a lead agency for the Pilgrim Pipeline proposal as they need to respond by Wednesday, December 16 to the Thruway Authority’s request to be the lead agency.  The choices are:  The New York State Thruway, The Department of Environmental Conservation (DEC) the Town of Tuxedo and the Village of New Paltz.   Board members expressed their reservations about the DEC, but they said they did not want to give the authority to the Thruway and they certainly didn’t want to take the responsibility themselves. 

When asked for his opinion, Town Attorney Nichol stated that he understood that the Board had reservations about the DEC, but he feels they are more likely to do an environmentally sensitive review than the Thruway. He also feels that the DEC would be more thorough.  No one thought it would be a good idea to have New Paltz handle it.  Agreeing that it was probably the lesser of the evils, the Board voted to approve the DEC as Lead Agency.

Councilman McMillen stated he had heard of municipalities in New Jersey, which had outright banned the Pipeline from coming through their Towns and he wondered if that was something they might consider doing. 

Town Attorney Nichol responded that he didn’t think that would be affective as the State law would trump anything a municipality might pass. 

The Board then passed two additional Resolutions:

One to approve the DEC as Lead Agency for the Pilgrim Pipeline Project and another to approve a contract for DUI coverage with the County.  There are grants available to pay for this service.  Lt. Norton explained that this is something the Town has done annually and it is in addition to the Town’s own regular DUI program.

The meeting was then adjourned.

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Agenda for Town Board Meeting December 14, 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARING to Receive Comments Regarding 2016 Woodlands Sewer Rates

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Resolution to Establish 2016 Woodlands Sewer Rates
2. Resolution to Appoint Jeffrey Dowding as Fire Commissioner
3. Resolution to Appoint Registrar and Deputy Registrar
4. Discussion of Annexation Request by Sapphire Lake Residents
5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Special Town Board Meeting December 7 2015

The Town Board held a Special Meeting on Monday, December 7, 2015. All members were present.

Supervisor Rost made a motion for the Board to go into Executive Session to receive counsel from Town Attorney Howard Protter on contractual matters.

When they returned, Mr. Protter was asked to give an overview of what the meeting was about. He stated that on the agenda was the approval of documents which were put together to implement the Special Permit conditions for the Tuxedo Farms project. Article 13 of the Special Permit contains provisions regarding how the open space is to be protected. The property needing to be protected involves parcels in both the Southern Tract and the Northern Tract. In the Southern Tract, some of the properties will be owned by the Village of Tuxedo Park and covered by an easement held by the Town of Tuxedo. There is also a conservation buffer in the Southern tract. This will also be owned by the Village with a conservation easement limiting what can be done on the property held by the Town. In the Northern Tract, there is an open space area of about 700 acres that is going to be encumbered by a conservation easement held by the Orange County Land Trust. The property will be owned by the Town. The Conservation Easement has been negotiated by the Village and the Town. The Fox Hill tract will be owned by the Village of Tuxedo Park and encumbered by a conservation easement held by the Orange County Land Trust. This conservation easement is consistent with a 2005 agreement between the Village and Related Companies. Mr. Protter explained that what the Board would be considering was an agreement for the Conservation Easement as well as a form of the Conservation Easement. The agreement authorizes the Supervisor to sign the Easement subject to one further look by the Town Board once all the attachments have been put together.

Councilman Loncar wanted to know if the agreement was the same for both the Village and the Park.

Mr. Protter said that it was. He further explained that within the easement, restrictions differed for different parcels being covered.

Supervisor Rost added that the rules and restrictions were identified in the Special Permit and the document simply implements those rules and restrictions.

Mr. Protter further explained that flexibility for the future in so much as it was possible has been provided subject to those rules and restrictions.

Resolution:

The following was passed unanimously:

• a Resolution for the execution of the agreement for the Conservation Easement in the Tuxedo Farms development to be signed by the Supervisor after final Board review.

The Board then went back into Executive Session to discuss personnel matters.

When they reconvened, they passed the following Resolutions:

• a Resolution accepting the gifting of land for the Army Corps of Engineers project (DeMarino filled in the wetland behind their property and the new sewage plant location. Related gifted the Town with some property to be turned back into a wetland. The Town will turn the property over to the Army Corps of Engineers to make it into a wetland.
• a Resolution to authorize the Supervisor to enter into a confidential severance agreement with Patrick Welsh
• a Resolution to approve an Emergency Access Road easement (Councilman Loncar voted no on this).
• a Resolution approving a Conservation Easement on the Southern Tract
• a Resolution authorizing attendance of newly elected officials at Training School in Albany.

The meeting was then adjourned.

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Agenda for Special Town Board Meeting December 7 2015

Call to Order
Pledge of Allegiance

Agenda Item:
1. Resolution to Authorize Execution of Agreement for Conservation Easements in Tuxedo Farms Development

2. Resolution to Enter Into Executive Session to Discuss Personnel Issues Regarding Specific Employees and to Receive Advice from Counsel Regarding Pending Legal Matters

Adjournment

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Town Board Meeting November 23, 2015

The Town Board met on Monday, November 23, 2015 at 7 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost commented that he had been so busy with the budget for the last couple of weeks, that he had nothing else to report. 

Agenda Items:
A resolution appointing Paul Eichengreen as Fire Commissioner for the Tuxedo Joint Fire District with a term to commence on January 1, 2016 and continue until December 31, 2010 was passed unanimously.

Public Comments:
Jim Hays stated that he knew the Board had been negotiating with the Orange County Land Trust to take over the conservation easement on the Northern Tract and for the Town to take over the Northern Tract from Related.  It is not clear to him what the Town proposes to use the Northern Tract for and how this land would benefit the Town.  He noted that at a meeting several weeks ago, Supervisor Rost had agreed to call Jim Hall of PIPC and discuss the possibility of having them take over the Northern Tract and pay taxes on the land.  He commented that he thought the Supervisor had probably called Mr. Hall but if he hadn’t, he wanted to point out that to give up the taxes given the Town’s present fiscal situation, without a clear and pressing reason would be a mistake and that the Town should reconsider that decision.

The Supervisor responded that he had indeed called Mr. Hall.  The problem is that the land coming from Related is not just the Northern Tract.  Jim Hall would indeed take the Northern Tract and the Orange County Land Trust is eager to take it as well.  There are other pieces of property that need easements however and these Mr. Hall and PIPC are not interested in taking on while Orange County Land Trust has agreed to take all of the property needing easements. 

Mr. Hays responded that he had gotten different information and that it was his understanding that PIPC would be willing to take on “the green doughnut” as the other pieces are sometimes referred to.

The Supervisor replied that Mr. Hall had told him that in order for PIPC to hold a conservation easement, the property had to have conservation value and PIPC doesn’t feel there is enough conservation value on the green doughnut.  He added that PIPC had been in contact with Orange County Land Trust about all of this and that PIPC is very satisfied about what is happening to the property.

Mr. Hays retorted that there were other options for dealing with this.  He suggested perhaps the Town could form its own Land Trust to hold an easement on the “green doughnut” and give the Northern Tract to PIPC.  He feels the Board should reconsider giving up the taxes on the Northern Tract.

Michele Lindsay said it was her understanding that PIPC only wants the Northern Tract but she wondered why the properties couldn’t be split into 2 parcels with the Northern Tract being given to PIPC and the other parcel could be all the other little pieces which Orange County Land Trust could hold a conservation easement on.

Supervisor Rost responded that the Land Trust wasn’t interested in just “the little pieces.” 

Mrs. Lindsay then said “so it’s the Orange County Land Trust that does’t want the property now that they’ve gone down the road with all their expenses and legal fees and everything?”

The Supervisor explained again that there has to be conservation value to the property and without the Northern Tract, this doesn’t exist.

Mrs. Lindsay then reiterated “so it’s the Orange County Land Trust saying they will only take the whole thing?”

The Supervisor said he must be explaining it incorrectly as he hasn’t been able to make Mrs. Lindsay understand.  PIPC would only take the Northern Tract.  They are not interested in the other properties at all.  The Orange County Land Trust will take the Northern Tract AND the other properties but they would not take the other properties without the Northern Tract, which is the only parcel that has conservation value.

Mrs. Lindsay again stated “so it’s the Orange County Land Trust that’s the problem.” 

The Supervisor replied that it was not.

Mrs. Lindsay wanted to know how the Town would pay the upfront money that the Land Trust would keep in escrow for “future legal issues?”

The Supervisor replied that Related would be paying that.

Mrs. Lindsay then wondered who would pay to maintain and improve the trails.

The Supervisor said they would cross that bridge when they came to it and that they didn’t know as yet how many trails there would be on the Northern Tract.

Mrs. Lindsay responded that several bridal trails already existed and that people were using them.

Andy Berish inquired as to why the Town Board couldn’t be more transparent about the budget. “Why can’t you explain instead of just saying numbers?”  He also wondered why the Town couldn’t tell him what was going on with Perfect Cut and the Court.

The Supervisor responded that he didn’t know what Mr. Berish was talking about with the budget as they had been more transparent with the process than any Board had ever been in the past.  There were presentations, public workshops and a detailed explanation sent out via email.

Councilmember Reardon asked if Mr. Berish had a specific question that he would like answered.

Mr. Berish replied he would like to know who and how many people were being let go.

The Supervisor responded that this was still “in the works,” as they have to request seniority lists from Orange County; there people who may retire and there are other people who were talking about taking other jobs.  Nothing has been finalized. 

Mr. Berish then stated that he had heard there was some kind of lawsuit with Perfect Cut and wondered “what that was all about.”

Supervisor Rost replied that the Town has served Perfect Cut with notice of eviction and Perfect Cut is contesting.  They were in court last week and they will be there again on November 24 at 3:30 pm. 

Councilperson Reardon offered the following explanation about the budget:  the Town Board set an amount that will be raised by taxes and now the individual departments have to work out what will be done with their allotments of that amount. 

Denise Byrnes stated that she is worried that with budget cuts, if the midnight shift is done away with, she and other people will not feel safe or secure.  She wonders if there’s another way to cover things so as not to sacrifice this security.

The Supervisor explained to her that the Town had to work within the boundaries of the collective bargaining agreement which sets rules as how many people must be on each shift.  The Town tried to work on such ideas as having minimum people per shift with additional coverage as needed from the Village Police, but the police  union rejected that idea.  He furtger stated that the union had been trying to work with the Town and that they were willing to give things back, but the dollar amount of what was offered was just not enough.  The Town has to stay within the confines of the contract.  What that does allow is eliminating a shift.  But, there are other things the Town can do to ensure that it’s residents are safe.  For example, if something happens during the shift in question, they could call the Village of Tuxedo Park police and have them respond until the State Police get there. The Board wanted to continue to have full police protection at night but the dollar amount was just too great.  He also commented that if you looked around at neighboring municipalities, Tuxedo is not unique.  The Town of Monroe, for example, doesn’t have a police department at all.  The Supervisor also commented that Ms. Byrnes should realize that it isn’t just the police that have been impacted as there are people in the Highway Department and workers from Town Hall who will be impacted as well. 

Ms. Byrnes then wondered about snow removal and wanted to know if this meant we just wouldn’t have any? 

The Supervisor assured her we would still have snow removal explaining that the Town will maintain a list of seasonal workers to call when there are snow storms.

Ms. Byrnes wondered if the Town and Police and Highway workers were still negotiating.

Supervisor Rost explained that the tax levy has been set, but the Town is still open to talking about how that money might be allocated within departments.

Deborah Eirand, Town resident for 53 years, said she was well aware that the Town had to make cuts but she finds it inexcusable that the Town had cut law enforcement especially considering what is going on in the world today. It doesn’t concern her whether or not Monroe has coverage but she is upset that there won’t be police on duty during the midnight tour. 

She also pointed out that this idea was tried many years ago and it didn’t work out well.  She then asked Supervisor Rost, “are you a Tuxedo resident?” 
He responded “of course I am.”

Ms. EIrand wondered “how many years have you been a resident.”

The Supervisor told her he had lived in Tuxedo for 20 years.

Ms. Eirand then asked if he remembered the last time the Town cut the midnight shift?

The Supervisor said he did not.

Ms. Eirand then stated “you need coverage at midnight.”

The Supervisor replied “We tried to work with them as best we could.  Unfortunately both sides fell short.”

Karen Dougher wondered if the Town had received the letter from the NYS Thruway Authority regarding their request to be lead agency during the Pilgrim Pipeline application. 

The Supervisor replied he had just received it that day.

Mrs. Dougher wondered what his response would be to that letter.  She believes that the DEC would make a better lead agency than the Thruway Authority.

The Supervisor responded that this was something they plan to discuss with their attorney who has just returned from vacation.

Councilperson Reardon wondered why the DEC would be a good entity to take on lead agencyship.

The letter from the Thruway asks that the Town either agree for them to be the lead agency or take that position themselves. 

Mrs. Dougher feels that the DEC would care more about the wetlands and the aquifer than the Thruway.  She understands that the Town does not want to take on the role of lead agency. 

The Town must respond to the Thruway by December 16.

The Supervisor reiterated that they would be discussing this with their attorney.

Vouchers were then signed and the meeting was adjourned.

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Special Town Board Meeting November 20, 2015

The Town Board met on Friday, November 20. All members were present.  The meeting was called for 3 pm, however at that time the members of the Board were negotiating with members of the Police Collective Bargaining unit.  The meeting was called to order at 4:40 pm. 

Supervisor Rost opened the meeting by thanking everyone who had been participating in negotiations with the Town including the Highway employees, the Police Department and the Board members.  He stated that this had been a very difficult position to be in noting that one of the big differences between negotiating for the Town and doing so in the corporate world was that the Townspeople were not just employees but they were also friends and neighbors and people know their families and friends.  The process has been  very hard on everyone. 

Announcing that there were NO line item changes to the budget, the Supervisor read the resolution to adopt the budget.  It was passed with a unanimous vote of the Board.

The meeting was then adjourned. 

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Town Board Meeting November 19, 2015

The Town Board met on Thursday, November 19, 2015 at 7 pm.  All members were present. 

Supervisor Rost opened the meeting with some comments.  First he recognized the efforts of those Town employees who are represented by unions and stated that the Board appreciates all the work that they do.  He then explained that the process of the present budget had started back in July when the Board finally received the closing figures for fiscal year 2013 and the opening balances for 2014. in order to understand how the Town got to the position it is currently in, one needs to go back to November of 2013 when the Town Board adopted a budget that had a $1 million shortfall.  For the past two years, the present Town Board has been able to negotiate revenues to plug the gap and keep the Town solvent. This meant they could meet their payroll, pay the bills and not have to have any layoffs.  Commenting that this budget process has been hard on everyone, employees and board alike, he said that the Board had done what they could to get the information out to the public:  by holding presentations, public workshops and a public hearing.

They have also posted information on the Town website and sent a detailed explanation out via e-mail to those residents for whom they have email addresses.  With respect to the budget they are considering now, the Supervisor remarked that in five years time, there should be $1 million in reserve funds and the Town will save approximately $6 million in tax money.  Most importantly, the plan is to align the budget with the demographics of the Town.  The 1200 homes and 3600 residents of Tuxedo simply can’t afford the cost of the services that are presently being provided.  

Councilmember Reardon commented that the whole budget process had been excruciatingly difficult.  She assured those present that the Board members all realized that the decisions made would affect the lives of many people in very significant ways and that The Board doesn’t take anything for granted.  She added that they had looked at anything and everything they could and further stated that for her, it was important that any cuts that were made would be made evenly across the board.  She feels strongly that if cuts aren’t made now, the Town will be in a downward spiral that they will never be able to get out of. Although the Board is being asked to make very difficult choices, she feels they have to do what is best for the future of the Town.  Finally, she said she hoped everyone would understand the position that the Board is in commenting that the Board takes it very seriously and that it isn’t easy.

Councilman McMillen stated that he had worked very hard to “save heads.”  He added that he wished they could have started the collective bargaining earlier because it had broken down at the 11th hour and this had put the Board in a bad position.

Councilman Loncar said he had worked hard during the process and that the Board had tried to save everything they could.  He commented that he would be voting no on the budget because he considers it to be an issue of safety and security.  Removing a shift of police is, in his view, a bad idea.

Councilman Phelps observed that he had been involved in budget processes longer than anyone else on the Board and that the process this year had been sickening for him.  His goal had been to save everybody but he said he didn’t know if that would be possible. 

Michele Lindsay stated that she had seen a lot of buzz going around social media that afternoon due to the report done by Channel 12 on the Town’s financial situation.  She wondered if the Supervisor would like to address some of the inaccuracies in that report. 

Supervisor Rost responded that he had not seen any of the social media and without having done so, he could not address the situation. The Town did make a lot of it’s fiscal information available via public workshops and a budget presentation but he reiterated that without seeing any of the reports on social media, he could not address them.

Dawn Graham stated that she although she was not a resident of the Town she has been an employee of the Tuxedo for the last 28 years. (Mrs. Graham is the head dispatcher) She commented that she had read the recent letter of explanation of the Town’s fiscal situation written by Bill Sweet and circulated by the Town.  When she attended the latest budget workshop, the Board had discussed eliminating all the dispatchers and she wondered if the budget they were considering that night still intended to do that. 

The answer was yes. 

Mrs. Graham then said she wanted the Townspeople to know that this included 3 full time employees and 8 part timers.  The residents might not know the dispachers as well as they know the police officers, but whenever anyone calls the police, they are the ones who answer the phone and assist people.   They consider themselves the cops’ lifeline and the officers depend on them for their safety as they try to protect the residents. While 911 does provide a service for everyone  Mrs. Graham does not feel that the Town will get the same degree of dedicated service from 911 as they do from the local dispatchers. As an example, she stated that when the flooding happened in Town several years ago, all emergency phone calls were routed through her home, which is located 25 miles away.  She further noted that with the present radio system, the policemen could not speak directly with the 911 operators.  She asked that the Board seriously consider what they would be losing and also how they would feel and what they would do if they called for help and all they could get was “911, please hold.”

A resident from Alma Court who has lived in Town for 20 years stated that she considers the dispatchers and police officers to be family. She went on to say they had done a lot of things for her over the years. Once she called them because her husband had spilled gasoline in his eye and the dispatcher knew just what to tell her to do and because they knew exactly where she lived, they were able to be at her house within minutes.  She doesn’t believe residents will receive the same kind of service with  911. The present dispatchers and police officers make her and her neighbors feel safe.  She stated that she understood that the Board had to cut their budget, but she begged them to please find another way.

Kevin McDevitt stated that in 2006 he had lost a young daughter and believes that the loss was directly related to 911 response time because they didn’t know where he was.  In hindsight, Mr. McDevitt wishes he had called the police directly because perhaps he might not have lost his daughter.  Then, about 5 years ago, his son was murdered in Atlantic City.  Mr. McDevitt has been chasing the man who committed the murder for 4 and a half years now.  As of October 1, the suspect in question has been released on bail and he has a website back up and running.  On the website, there’s a message for Mr. McDevitt which says “keep an eye in your rear view mirror, I’m coming.”  Mr. McDevitt wonders who is going to protect him and his family?  He doesn’t think State Police will be able to react in time if the man shows up at his house. 

Jill Pfizenmaier stated that she understood the dilemma that the Board was facing with  regard to the budget. However, she has been observing the Highway Department  for the last 30 years and wanted to make sure that everyone understands that it is a 24/7 job.  There is always something that needs to be done which involves the safety of the Town.  She urged the Board to consider the people who have been working for the protection and safety of the Town and their families.

Will Hall, police officer and PBA President, stated that for the Board to suggest that the talks between the police and the Town had “crumbled at the 11th hour” was simply not true and he felt that it was disingenuous of the Board to say so.  Rather, he felt the Town Board had been “moving the goal posts” during all of the negotiations, changing the numbers as the police were trying to work with them.  The police made every effort to avoid the cuts but it appears as though the Board is making cuts at the 11th hour, not the police. The police are suffering, the highway department is suffering, and dispatch is gone.  He added that perhaps if the Board was so concerned, they should just raise taxes a little bit.

Gerard Shiloh, police officer and Town resident, stated that he understood that the Town needs to make adjustments but he also feels that no one has any real idea of what goes on after 11 pm at night!  He went on to say that if the Board let this happen, he believed that the Town would be at risk. He feels that the criminals  “will start working a shift. They will work from 11:30 pm to 6:30 am.”  These officers will be doing jobs that the local officers are usually able to do immediately. He cautioned that if the Board let that shift go, they would be liable for whatever might happen..  He ended by dramatically stating that if something happened, residents should call the Board members because if they hadn’t eliminated the midnight shift, the police would be there.

Supervisor Rost then stated that it was looking as though  there was no other option aside frm doing away with the midnight shift., There had been some discussion about possibly hiring part time police officers and minimum staffing with a back up from Tuxedo Park.  Up until now, they had not been able to agree on that. He stated “it’s not like we’re saying that we want the police to go and we don’t want coverage at midnight.  That is not what we are saying.  But we have a fiscal responsibility to shorten the gap that we have right now.  There are other ways to get there. Don’t just think we were saying we want the police to go and we want the dispatchers to go.”

An audience member then countered “but the basic issue is lives over money..that’s really what it comes down to…you’ve chosen money over lives.” 

Councilperson Reardon added that if one were to look at the police departments in the surrounding area, they would find that they are able to keep their residents safe utilizing a mixture of full time and part time officers.  Some areas staff exclusively with part time employees..  She further explained with part time employees, the Town did not have to pay health benefits and could control overtime.  She stated the Board is offering a mix of that, and they would like to see it happen.  She then stated “There is nobody on this Board that does not take the priority of keeping the residents safe as the number one priority and responsibility that they have, but they have to be able to get there.  Other towns can do this and with the size of the Town and number of residents, we are clearly outriders with the number of people we have on our police force as well as our highway department.” 

Officer Tony DeLia said it really bothered him when his department was compared to other towns.  He added that the court made $826,000 last year on summons written by Tuxedo’s 11-man department.  “That’s more money than Woodbury!” he observed.  He wondered how the Town would make up that money? He also claimed that “every D.U.I. and domestic call we go to is after 11 pm.”

Nate Wolinsky congratulated the Board on the most thorough budget he had seen.  While he has read it, he hasn’t had a chance to go over every line.  He wondered if the Town had looked into reducing trash collection to one day a week. 

The Supervisor replied that this would only amount to $900 a month savings. 

Mike Squillini commented that he thinks the Board is doing a good job and he wouldn’t want to be in any of their shoes right now. 

Dave Maikisch, Town Building inspector and 12-year resident stated that he had  called the police twice and if it weren’t for their fast response, he believed that two of his children would not be here today. 

Paul Eichengreen remarked that he lives on the Circle.  If it weren’t for the cops and the firemen, he feels he could have lost his mother during the recent house fires there.  Therefore, he hopes the Town does “the right thing” by the people who saved his mother.

Lt. John Norton said he wanted to assure people that he will continue to “be there” for the residents regardless of whatever might be going on with contract negotiations, etc.  He is hopeful that a contract acceptable to both sides can be found but more importantly, he wanted to assure residents that he would be there no matter what.  He pointed out that all members of the force work weekends and holidays and are always available for the residents so he was hopeful that the residents would convince the Town Board to keep all the police and highway workers working….he urged people to find a way to do that. 

Heather Pfizenmaier commented that she had heard that 4 highway workers would be laid off.  She wondered who was going to keep up with snow removal in the Town.  She further commented that with all the hills in Town it was important to keep the roads clear so that the police and ambulance workers could do their jobs. 

Supervisor Rost responded that there would still be seasonal employees who would come in to help clear the roads. 

Audience members wanted to know how these seasonal workers would know where to plow and the Supervisor replied that the names on the list were people who already live in Town and know where they are going. 

Nate Wolinsky wondered if there were still talks going on regarding the contract.

The Supervisor replied that there wasn’t an exact time set for any more talks but there was conversation going back and forth.

Joe Rickard wondered whether the Town ever worked out a budget for several years in advance?

Supervisor Rost responded that they were trying to do that right now.

Mr. Rickard expressed his approval of this, saying he thought it would be helpful for the present negotiations as well as making sure that the Town doesn’t end up in this same position every year!

The Supervisor replied that the Town was finally in a place where they could do this as they have straightened out the books, have Bill Sweet in place and are trying to project for the future.  Five years from now, there should be a million dollars in the bank and Tuxedo will be able to save millions of dollars.

“And that will make it possible to avoid all of this?” asked Mr. Rickard.

“Exactly,” replied the Supervisor.

Jimmy Eirand made a plea for the Town to make sure the police have active shooter training, even if they end up using part timers.  With all the schools in Town, he feels this is very important.

Jennifer Steindler Darling commented that she is in support of keeping all the police.  She said she also wanted to talk about the Recreation Program, which she noticed had been taken out of the budget.  She feels that Tuxedo is about families and to take the recreation program away is sending a bad message.

Bobby Marsh said while he appreciated the Town’s police force, he was dismayed that nobody seemed to be backing the Highway Department.  At this point several audience members spoke up in defense of the highway workers saying they were necessary so that people could get to work.

John McNamara who used to be a dispatcher in Warwick and Greenwood Lake, said that while he didn’t want to see anybody out of work, it seemed to him that the sins of the past had caught up with the Town of Tuxedo. “We’ve been living beyond our means,” he said.  He noted that salaries keep going up, little by little to cover cost of living, etc., but at the same time, the revenues in the Town aren’t going up.  While he doesn’t want to see people out of work, he also doesn’t want to see people priced out of living here!  He mentioned that since he’s been living here, his taxes have doubled but his salary has not doubled. Since Tuxedo is looking at more residents coming in (with Tuxedo Farms) down the road, he wondered if the collective bargaining units had considered taking a hit in order to stay here?
Kim Stevens stated that she is on the Ambulance Corps and wondered whether the seasonal highway workers would come in the middle of the night to clear roads so the ambulance could make their calls?

Jill Pfizenmaier wondered what the Town would have to pay the seasonal workers and if it would be less than they pay the highway workers now.

Supervisor Rost responded that a highway worker, with his benefits, currently cost the Town about $125,000 a year while and the proposed seasonal workers, even if we have a bad winter, would not cost that much.

There was then some disagreement between the Board and Officer Hall, PBA President, as to where the negotiations had left off, with Officer Hall expressing confusion.  Officer DeLia again brought up the amount of revenue generated by the police through writing tickets.  The Supervisor then stated that last year’s revenue from tickets had totaled $360,000 (not the $826,000 mentioned by Officer DeLia) and over 50% of that was written by State Troopers and Park Police.

Several more audience members called out support for keeping workers, with one mentioning that the Highway employees were important to keep the roads clear so that utility workers could get around in case of loss of power. 

Amid calls for the talks between the Board and the unions to keep going, Supervisor Rost stood up and invited PBA President Hall to join him in his office.  The two then left the meeting. When they returned, about 10 minutes later, the public hearing was closed.   The Supervisor  announced that the Board had decided to table the resolution to pass the budget as they were going to continue negotiating with the police at 3 pm the following day. 

Councilmember Reardon thanked everyone present for coming out to the public hearing. She assured all that the Board had heard their comments. 

The meeting was then adjourned.

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Agenda for Town Board Meeting November 23, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Appoint Fire Commissioners

2. Resolution to Authorize Execution of Memorandum of Understanding Regarding
Conservation Easement in Tuxedo Farms Development

3. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town of Tuxedo: Fiscal Situation

Click here to read

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Agenda for Special Town Board Workshop Meeting November 17 4pm

Call to Order
Pledge of Allegiance

Agenda Item:

1. Workshop Meeting to Discuss 2016 Town Budget

Adjournment

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Agenda for Public Hearing Continuation and Special Town Board Meeting November 19 7pm

Call to Order
Pledge of Allegiance

PUBLIC HEARING CONTINUATION: 2016 PRELIMINARY BUDGET SPECIAL MEETING

Agenda Item:

1. Resolution to Adopt 2016 Final Town Budget

Adjournment

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Town Board Meeting November 9, 2015

The Town Board met on Monday, November 9, 2015 at 7 pm.  All members were present.

Public Hearing on 2016 Preliminary Budget:

Supervisor Rost opened the public hearing by reminding the large crowd who was present that no decisions had been made and that this hearing was a part of the process, which so far has included a detailed presentation on the budget as well as a Budget Workshop.  The Budget is available on the Town website for all to download and study.  The Board wants the process to be as transparent as possible.  They are continuing to have conversations with the collective bargaining units (both the PBA and the Highway Department Union) with the ultimate goal of determining what can be done to work together to pull the Town out of the hole they are in.  He further stated that no one on the Board wants anyone to lose their job and that it is not their goal to eliminate anyone.  Both bargaining units have shown a willingness to work with the Town.  The public hearing is a chance for the Board to hear from the residents. 

Marilyn Berson, an attorney with the New York State Union of Police Associations stated that she was representing the PBA.  She read a statement from Anthony Solfaro, President of the Union who was not able to be at the hearing.  In his letter, Mr. Solfaro described the meetings which have already occurred as lengthy and productive. He said the both parties had expressed mutual concerns and their hope for maintaining the level of service provided by the PBA membership.  He further stated that the PBA believes that both parties are willing to make “the difficult decisions necessary to protect the interests of the PBA members and the residents of the Town of Tuxedo.”  On behalf of the PBA, he asked that the Board keep the hearing open as long as the meetings between the PBA and Town were ongoing and, if necessary, that the Town continue the hearing prior to finalizing the 2016 budget.  He thanked Supervisor Rost and Councilman Loncar for their time and understanding in working with the PBA to come to a resolution that would be beneficial to both the Town and the members of the PBA. 

Michele Lindsay stated that she was glad to hear that negotiations between the Town and the unions seem to be going well.  She wondered if there weren’t some small things that could be done which while they might not seem significant, could add up to substantial savings when they were all put together.  Specifically, she referred to garbage pickups and leaf pickup. 

Supervisor Rost assured her that the Board had looked at all of those things. 

Mrs. Lindsay asked if there was a way for her to get an “itemized report” so she would know just how much each of these things cost. 

Dena Steele stated that she too hoped the Town would look at little cuts that might add up to substantial savings.  She further said that she couldn’t understand why the Town refused to deed the Northern Tract to the PIPC as that would provide additional tax revenue.  In the event that the Town decided to eliminate the midnight shift for police coverage, she wondered what would happen to the “backup relationship” that the Town and the Village of Tuxedo Park have had for many years.  She feels that eliminating the shift would thus directly affect the security of Park residents. 

Mary Hanson stated that if her taxes were going to go up, she wanted to be sure that Watchtower and the Jehovah’s Witnesses were paying their fair share of Town expenses.  She declared that she has no intention of paying any increase above the 2% tax cap. 

George Mitchell, a police officer who lives on Benjamin Meadow Rd., said that in his experience, the police were always the first ones to respond to an emergency, medical or otherwise.  He wonders if police are cut, who will be the first responders?

Rick Marsh remarked that he had heard rumors that if the midnight shift was cut, Tuxedo would be covered by State Police.  He wondered how many people knew that on the midnight shift, there are only 4 State Police officers—2 are in Middletown, 1 is in Monroe and 1 in Montgomery.  In contrast, Tuxedo presently has 2 officers patrolling on the midnight shift. 

He also expressed his concern about the possibility of cutting the dispatchers and replacing them with Orange County 911 operators.  His experience has been that the radios used by 911 have fuzzy reception and the operators using them can’t be heard or understood.

When a fire call comes in over these radios, the only way the Fire Department gets the details is when the Tuxedo dispatchers relay the information. 

Mr. Marsh also conveyed his concern about cutting personnel from the Highway Department, stating that many of those workers came from families who had worked hard for the Highway Department for generations.

Finally, he urged the Board to cut everything except personnel. 

Kim Stevens, a member of the Ambulance Corps, reiterated that the dispatches coming from Orange County 911 were so fuzzy as to be useless. 

Nate Wolinsky stated it was his understanding that the Orange County 911 had just undertaken a capital project which will start in 2016 and end in 2017 and thus they wouldn’t be available to take over our dispatching until that project is done.  He added that for State police, there is no guarantee of any time frame for responses at night and finally, he pointed out that the County Sheriff is just an office and doesn’t have any staff to help out either. 
Supervisor Rost responded that he has had talks with 911 and when Mr. Wollinsky asked if his information was correct, the answer was no.

Since there were no other persons desiring to be heard at this time, the Board continued the public hearing to a later date to be announced. 

Public Hearing on Special Improvement Districts Charges including Hamlet Sewer and Sterling Mine Estates Drainage District:

There were no public comments and the hearing was declared closed.

Public Hearing Continuation regarding Introductory Local law #2 of 2015 entitled, “A Local Law Enacting Certain Zoning Amendments to Chapter 98, Zonng,’ of the Code of the Town of Tuxedo to create the ‘Tourism Business’ Zoning District:

Town Planner Bonnie Franson opened the hearing with a few remarks.  This law has been before the Board for quite a while.  It has gone to the Orange County Planning Department and their comments have been received. The only comment that needs to be addressed is regarding the need for definition for agricultural operations.  This has been addressed and also will be finalized when the complete zoning amendments are voted on. 

Steven Siegal, attorney for Faire Partners said he hadn’t heard from the Town in a while and wondered what was happening.

The Supervisor responded that this was a time for comments on the zoning amendment only and that he would follow up with Mr. Siegal the next day.

There were no other public comments and the public hearing was then closed. 

Supervisor Update:
Supervisor Rost commented that he had spent all his time working on the budget and in negotiations with the PBA with whom he has another meeting on Tuesday.  He is also scheduled to be in court with Perfect Cut on November 12th.

Public Comments on Agenda Items:
There were none.

Resolutions, etc.:
The following resolutions were adopted:

  • a Resolution to adopt Introductory Local Law #2 0f 2015 (zoning amendment) was tabled until they can change some of the language.
  • a Resolution to schedule annual Public Hearing on Woodlands Sewer Rates – set for December 14th at 7 pm
  • a Resolution to grant Special Permit for Our Lady of Guadalupe Torch Relay Run on December 5th at 12 noon – this is an annual event.
  • a Reminder that the vote on the Library budget will take place on November 10th in the Town Clerk’s office from 9 am to 8 pm

Public Comments:
Jim Hays stated that he had been coming to Town Board meetings since Ken Magar was Supervisor and, as such, has been watching the Tuxedo Farms development.  When it was first proposed, there were 3,000 square feet of commercial space and both the Town and the County were aware of and concerned about not letting that commercial space do any harm to the businesses in the Hamlet.  Now, Mr. Hays hears that Related is planning on building a shopping center at the intersection of Quail Rd and Route 17 in Sloatsburg which will have perhaps 65,000 square feet of commercial space.  The Town’s engineers have reviewed the whole project.  The retention ponds in Sloatsburg were part of the SEQRA process as were the traffic studies.  But, this new shopping center is being reviewed and will be decided upon by the Town of Sloatsburg and Mr. Hays wants to know why Tuxedo doesn’t have any say in the matter.  He feels that almost 100,000 ft of commercial space between the shopping center and what’s being planned for the Commons area will certainly have a negative impact on the businesses in the Hamlet.

Town Attorney Nichol responded that since this shopping center will affect the entire project, at the very least the environmental effects should be studied by the Town of Tuxedo.  He added that he didn’t think the Town had been very well informed about the plans for the shopping center, but now that they know about it, they can certainly take a look at it and see if they think it should be covered by SEQRA, which would perhaps need to be amended or have a Supplemental study. 

Mr. Hays further commented that he thought the fact that Related was advertising the space and seeking potential clients for it while it was still under review by Sloatsburg made the whole thing even more egregious. 

Town Planner Franson added that she felt the Town needed to check to see if the parcels on which the shopping plaza is being proposed were ever included in the evaluation, which has already been done.  Her recollection is that Related stated that they had a couple of parcels that might be used for “later development,” although there were no plans for them at the time the original evaluation was done.  It will need to be decided whether these parcels were ever a part of Tuxedo Farms or if they were separate from the project.  Both Mr. Nichol and Ms. Franson will look into this and report back to the Board. 

Michele Lindsay noted that part of the SEQRA review had been the economic impact of the project. which included all the potential tax revenues that would come to the Town. She wonders how the new shopping center will impact those financial projections.  She is also concerned about the impact of added traffic from the shopping center. 

Ms. Franson responded that there was nothing to stop the Town of Tuxedo from making comments to Sloatsburg during their review process and they could certainly request that a new updated traffic study be done and recommend that Sloatsburg consider the cumulative effect of the traffic, including that which has already been approved.

Mr. Nichol added that while Tuxedo does not have any authority over building applications in Sloatsburg, they do have authority over the overall environmental review to consider every part of the project whether it’s located within the Town or not as it is all one related project.

Dale Mottola commented that she would like clarification that the
30,000 sq. ft. of retail space in the Commons area is not being replaced by the YMCA.
Supervisor Rost confirmed that Related is planning to build retail space in addition to the Y. 

Mary Jo Guinchard, Mayor of Tuxedo Park, stated that her Board had sent a request in the last week to the Town Board asking for their help in collecting money due to the Village for water bills.  The Village is facing a very serious shortfall in revenue from water.  Without penalties, this adds up to almost $70,000 and with penalties it will total $90,000.  They are asking the Town to levy the bills on the appropriate tax bills. 

Town Attorney Nichol responded that without there being a Town water district in place, the Town doesn’t have a mechanism to re-levy this money on the property.   In order to do anything for this year, a water district would have had to have been  formed. 
Supervisor Rost said the Board would look into it. 

President of the Ambulance Corps John Kilduff noted that the Corps, like the Fire Departments is staffed by volunteers.  He said that EMS training has been realigned over the years so that now the first thing that responders worry about is scene safety  A large part of the scene safety for the Corps comes from the participation of the Town police as well as the dispatchers.  The Corps is very concerned about how this would be impacted if dispatchers were laid off and the midnight shift of police was done away with. 

Andy Berish stated that he had been told that Tuxedo Farms had recently purchased Jesse’s Bagels and that’s where they are planning to put a shopping center. 

He was informed that a different piece of property was being considered for the shopping center.

Vouchers were signed and the meeting was adjourned. 

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Agenda for Town Board Meeting November 9, 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARINGS: 2016 Preliminary Budget and Special Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District

PUBLIC HEARING CONTINUATION Regarding Introductory Local Law #2 of 2015 Entitled, "A Local Law Enacting Certain Zoning Amendments to Chapter 98, 'Zoning,' of the Code of the Town of Tuxedo to Create the 'Tourism Business' Zoning District"

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

I. Resolution to Adopt Introductory Local Law #2 of 2015 Entitled, "A Local Law Enacting Certain Zoning Amendments to Chapter 98, 'Zoning,' of the Code of the Town of Tuxedo to Create the 'Tourism Business' Zoning District"

2. Resolution to Schedule Annual Public Hearing on Woodlands Sewer Rates

3. Resolution to Grant Special Permit for Our Lady of Guadalupe Torch Relay Run- 12/05/2015 at 12:00 Noon

4. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Budget Workshop November 4

The Town Board met on Wednesday, November 4, 2015 at 7:00 pm.  All members were present. 

The purpose of the meeting was a workshop on the 2016 Budget.  Supervisor Rost reminded everyone present that this was a workshop meeting for the Board and that no public participation would be allowed.  

As they are facing a sizeable shortfall, the Board then discussed several ways to reduce spending and increase revenues.  They did not vote on anything. 

There will be a public hearing on the budget, which will then be the Preliminary Budget on Monday, November 9th at 7 pm.  At that time the public will be heard.  A copy of the budget can be found on the Town website.  (click here to download a copy of the Budget).

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2015 Town of Tuxedo Election Results

Tuxedo Town Supervisor:               Michael Rost               646

Town Clerk:                                        Donna Matthews      631
                                                            Sally D’Elia                235

Town Council                                     Michele Lindsay          587
                                                            Valerie Reardon          570
                                                            Gary Phelps                386

Highway Superintendent:                Robert Dollbaum       475
                                                            Thomas Iazzetti           430

Tax Receiver:                                     Greg Stevens               596

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Candidates For Town Board

November 3 is Election Day in Tuxedo.  This year, three candidates are vying for two open seats on the Town Council.  They are Michele Lindsay, Valerie Reardon and Gary Phelps.

In an effort to help the voters get a better understanding of who these candidates are and what they stand for, TPFYI circulated a basic questionnaire to all three.  Following are their responses in the order in which they were received. 

Please don’t forget to vote on November 3!  Polls will be open from 6am-9pm.

Michele Lindsay:

Candidate:

Michele Kennedy Lindsay
www.LindsayForTuxedo.com

Vocation:

Former Vice President, JP Morgan and Dean Witter Reynolds.  I worked as a Research Analyst for Money Markets, Municipal Bonds and Mortgage-backed Securities. My sales and trading experience was in Municipal Bonds and Mortgage-backed Securities. I served as Head of Short-term Municipal Bond Sales at Dean Witter.
At Tuxedo Park School, I taught and tutored Pre-Algebra and Algebra.

Years of Residency in the Town

Jake and I moved to Tuxedo in 1995 with our two daughters. I am a native of Ramsey, NJ.

Government Experience

This is my first campaign for election to a public office. I have served as Chair of the Village Improvement Advisory Committee in Tuxedo Park.

Volunteer Work in the Town of Tuxedo

Community involvement:
Tuxedo Park School

  • Committee Chair: Facilities and Technology Strategic Planning; Lecture Series; Benefits
  • Committee Member: Development Committee; Class Parent Committee

St. Mary’s Preschool  Treasurer
Tuxedo Park Garden Club  President, Treasurer, Community Projects Co-Chair
Sterling Forest Partnership Board Member
A Better Tuxedo Founding Member

Why are You running for Town Council?

For 20 years I have been attending Board meetings, asking the questions that need to be answered. Tuxedo is facing challenges (outlined below) that I want to help solve by applying my business experience in Municipal Bonds and my education in Mathematics and Business Management. If elected, I will research issues and communicate information to the public. On the campaign trail I have enjoyed meeting residents and discussing their concerns. I will continue to encourage this community dialogue and will encourage involvement in building a united community. I believe that together we can find long-term solutions for sustainable economic growth that will benefit the Town and our schools. I support the collaboration between our Chamber of Commerce and A Better Tuxedo which is a first step in building a community we can be proud of.

What attributes will You bring to the Town Government?

During the campaign, each candidate promotes his or her qualifications for the elected office.  If elected, I will immediately reach out to all officials, Boards and Departments to begin working together to resolve Tuxedo’s problems. As a successful leader in our community, I have enjoyed working collaboratively with my colleagues. I value other people’s ideas for creative solutions and I look for ways to involve interested people in projects. I am research-oriented and I can thoroughly study complex issues.

What are the three most important issues currently facing the Town?

The State Comptroller’s Office has categorized Tuxedo as “Susceptible to Fiscal Stress” for the last three years. For too long our Town Board has not implemented monetary controls or properly overseen town operations, resulting in deficits exceeding $1million in our +/- $9.5 million budget. I will apply my business experience in Municipal Bonds, working with municipal budgets, to resolving our budget crisis.
Tuxedo Farms will bring growth to Tuxedo but oversight of the development is critical. The developer, Related, has been granted many waivers from the Special Permit, some of which alter the quality development that was negotiated. Furthermore, Related’s new plan to build a shopping center in Sloatsburg will reduce the tax revenues that were promised to Tuxedo and will drastically increase the traffic that was projected in the Environmental Impact Statement. I will also provide critical oversight of the Local Development Corp, funded by Tuxedo Farms, which will support local businesses. And I will make sure that Tuxedo Farms fulfills its commitments to our schools and library.

Tuxedo and our surrounding area continue to be threatened by outsiders’ developments and projects such as Pilgrim Pipeline. We must act proactively, not reactively, to protect Tuxedo. To protect our future from inappropriate development, I believe that our entire zoning code needs to be reviewed and strengthened.

In lieu of a questionnaire, Gary Phelps has submitted the following:

About Gary

  1. Vietnam War Veteran
  2. 32 Year Resident of Tuxedo
  3. 25 + Years of Public Service to the Town of Tuxedo
  4. Tuxedo Chamber Of Commerce Trustee
  5. Member of the Downtown Revitalization LDC
  6. Married - 3 Children - 8 Grandchildren

Over the past several years, things have changed at Tuxedo Town Hall, and I have been proud to be a part of that positive change. The challenges have been great, but they are being met in an open, transparent and fair manner. I am gratified to have served the Town of Tuxedo in different capacities for over 20 years. I bring the benefits of perspective and experience to my role as Board Member and Deputy Supervisor, and I have worked hard to assist Supervisor Rost grapple with some significant issues and opportunities before the Town.

We are making real progress, and we continue to reach out to many members of the community to get their insights and ideas for solving our problems. We are truly, Team Tuxedo! The budget is tight, but it is on the right track. Every expense is being closely scrutinized with an eye toward building the right Town government for the future and the growth it holds in store for us all. Tuxedo Farms is about to break ground, and, no matter how you feel about the project, it is a reality, and I intend on making that reality the best it can be for all the residents of Tuxedo, especially our long-time residents who want to see our Town remain beautiful.

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Agenda for Special Town Board Meeting November 4, 2015

Call to Order
Pledge of Allegiance

1. BUDGET WORKSHOP

Adjournment

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Town Board Meeting October 26, 2015

The Town Board met on Monday, October 26, 2015 at 7:00 pm.  All members were present.

Supervisor/Town Board Update:
Supervisor Rost commented that he been very busy with the budget.  He is trying to find a time to schedule a workshop meeting for next week.   He also reported that he’d had another meeting with the Police Union the previous Saturday and that the Town is still waiting for a court date for Perfect Cut.  Finally, he stated that the budget presentation given at the last meeting is now available on the Town website. 

Public Comments on Agenda Items:
Jim Hays asked for an explanation of the “Resolution to Authorize Execution of Security and Inspection Agreement with Related Co.”

Town Attorney Howard Protter responded that this resolution would not be acted on at this meeting because it hadn’t been finalized.  Once finalized, the resolution will explain in detail how the bonding  for both the public improvements and the neighborhood improvements to be owned by the HOA will occur.  He added that there would also be provisions dealing the tEngineers’ inspection.

Diana Petrosky inquired whether the Town receives a fee when they plow roads for other municipalities or the County.  The answer was yes. 

Resolutions, etc:
The following Resolutions were passed:

  • a Resolution to authorize agreement to perform snow and ice control on Old Forge Road in Warwick – this is located right across the street from the Highway Department and is not difficult for the men to do.  The Town will receive $5000 for the service
  • a Resolution to authorize agreement to perform snow and ice control on county roads – was discussed with Deputy Highway Superintendent Marusich.  He reported that because there was so much traffic on Long Meadow Road, this one is really difficult to get done.  The County is proposing to pay $45,000 for the season but this doesn’t cover what it costs the Town to do the job.  Mr. Marusich was tasked with calling the County to negotiate a fair payment for the job.  The resolution was tabled until that could be accomplished. 
  • a Resolution granting a special sign permit for the Ladies Auxilliary of the Eagle Valley Fire Department to advertise their annual Craft Fair on November 1st.
  • a Resolution Opposing the Pilgrim Pipeline -  as promised at the last meeting, Town Attorney Nichol authored a very strong resolution against the Pipeline and calling for a moratorium on all activity pending a full environmental review.  To read a copy of the resolution, click  here .
  • Reminders:

1-there will be a Public Hearing on November9  commencing at 7:00 pm regardinga-a Local Law enacting certain zoning amendments to create the “Tourism Business” zoning district

b-2016 Preliminary Budget and Special Improvement District charges including Hamlet Sewer and Sterling Mine Estates Drainage districts

2- there will be a Special Town Election on November 10tfor the proposition to increase budgetary allocation for the Tuxedo Park Library – voting will take place in the Town Clerk’s office.

Public Comments:
John Kwasnicki from Sloatsburg commented that he had seen a recent copy of the NYDEC’s ENB,(what does that stand for) which listed a Negative Declaration for Tuxedo Farms but identified it as being in Rockland County.  Mr. Kwasnicki feels  that this should be corrected.

Mr. Kwasnicki also brought to the Board’s attention an application he found on the internet from Tuxedo Farms for building a 35,000 sq. ft. “shopping mall,” on Route 17 in Sloatsburg near Jessie’s Bagels. 

Councilperson Reardon asked if he were referring to the YMCA in the Commons area of Tuxedo Farms. 

Mr. Kwasnicki responded that he was not and that noone in Sloatsburg knew anything about this although he noted that Related had submitted an application to the Sloatsburg Planning Board.

Supervisor Rost asked if Mr. Kwasnicki had discussed this with Mayor Carl Wright of Sloatsburg.  The answer was no. 

The Supervisor pledged to keep information as current as possible on the Town website so everyone could be informed. 

Mr. Kwasnicki also commented that he had not seen any  comments regarding the impact of the new sewage plant on the Ramapo River. 

On behalf of TPAG, Dale Mottola, requested permission to erect 10 signs for their next concert, which will take place on November 15.   This request waswas granted.

Andy Berish stated that he had heard on News 12 that Police Chief Welsh had been fired and wanted to know if it were true.

He was told that this was a personnel issue and that the Board could not comment on it.

When Mr. Berish expressed concern that such news should have been broadcast on a local television station, the Board agreed that this was very unfortunate. 

Joe Rickard stated that he had come to the meeting for the same reason and wanted to know how this had gotten out to the media. 

Councilman Loncar stated that he had asked the Supervisor 3 times to tell him who knew what and when but the Supervisor had told him that he couldn’t comment on it. 

Jim Hays stated that he didn’t remember seeing anything about a shopping center in any of Related’s plans.

He was told that what Mr. Kwasnicki had submitted was in Sloatsburg.

Mr. Hays responded that since the Tuxedo Town Board had signed the Special Permit, they were responsible for the whole development, including what is in Sloatsburg.

Michele Lindsay stated that the Special Permit also clearly stated that no building could take place until the conservation easements were in place for the different parcels being donated to the Town, the Village and the Tuxedo Club.

Councilperson Reardon responded that she had followed up on this and that when Related breaks ground, they must immediately transfer all the deeded areas. It will be a simultaneous action.

Jim Hays responded that Related has already broken ground.

He was told that the work being done was only for the sewer plant. 

He replied that if one went up behind the old Applewood Kennels, they would find a wasteland and in his opinion ground has been broken.

Town Attorney Protter interjected that they were very close to finalizing language on the conservation easements and the situation was “entirely under control.”  He added that whatever work is being done is related to the sewer plant because the developer needs fill to lay the pipe. 

Michele Lindsay then asked “does that mean that you’ve definitely made the decision to take the 700 acres (Northern Tract) off the tax role?”

Supervisor Rost replied yes.

Mrs. Lindsday then continued “without even talking to the Palisades Interstate Park Commission?”

The Supervisor responded that, as he had already told Mrs. Lindsay, there are many different parcels that have to be covered by a conservation easement.  All of these properties (for both the Village and the Town) are being bundled together so that the easement will be for all the properties.  PIPC has refused to hold an easement on the parcels going to the Village, so the Town has agreed to work with the Village and bundle the properties so this can get done.

Mrs. Lindsay wondered if there could be two pieces with the 700 acres of the Northern Tract being one parcel, which could be handled by PIPC who would pay taxes.  All the other properties could then be bundled and handled by the Orange County Land Trust.

Town Attorney Protter replied that it was a little more complicated than that.  He added that there were certain things that the Town wanted done with their property that couldn’t happen if PIPC is holding the easement.

Mrs. Lindsay wanted to know specifically what he was talking about.

Mr. Protter said one thing was being able to restrict access to the property to residents of Tuxedo.

Mrs. Lindsay wondered how they would even do that.

Mr. Protter said initially it would be done with signage. 

Jim Hays asked if they had carefully considered what they would do with the acreage in the Northern Tract.

Supervisor Rost replied that they were working with Orange County Land Trust on that.

Mrs. Lindsay interjected that if the Town gave the property to PIPC, they wouldn’t need an easement.  She further commented that she had been on a conference call in May where PIPC Director Jim Hall said that he had not been approached by the Town about this parcel but if he were, he would be happy to bring the matter to his Board. 

Councilperson Reardon inquired as to the amount PIPC would pay In Taxes. 

Mrs. Lindsay replied she thought it was $75,000 plus school taxes. 

The Supervisor commented that the Board was very close to an agreement on the easement and that they had voted as a Board to go in that direction.

Mrs. Reardon replied that she hadn’t been part of that vote and she she had not heard any solid reasons to go that way as $75 K annually is a lot of money when peoples jobs and livelihoods are on the line.

Jim Hays added that if the land were given to PIPC, there would also be money going to the School , the Library and Fire District.

After more discussion, the Supervisor stated that he would call Jim Hall the next day and inquire.

Nate Wolinsky stated he had noticed on the revised agenda that the Board had held an Executive Session before the meeting to discuss a personnel matter and he wondered if they were prepared to discuss what had happened at that meeting. 
He was told they had no comment as no action had been taken. 

Vouchers were signed and the meeting was then adjourned .The Board went back into Executive Session to discuss a personnel matter.  

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November 3 is Election Day

Tuesday, November 3 is Election Day here in Tuxedo.  The following candidates are running for office.

Town Supervisor

Michael D. Rost (un-opposed)

Town Clerk

Donna L. Matthews
Sally A D’Elia

Town Councilman (Two seats open) 

Michele K. Lindsay
Gary L. Phelps
Valerie A. Reardon

Town Rec. of Taxes /Assessments

Gregory G. Stevens

Town Superintendent of Highways

Robert C. Dollbaum
Thomas A. Iazzetti

County Court Judge

Craig S. Brown

Family Court Judge

Christine Stage
Maria Patrizio
Lori J. Currier-Woods
Victoria B. Campbell

The polls will be open from 6am-9pm.

A sample ballot can be found here

DON’T FORGET TO VOTE TUXEDO!!!!!!!

With all the changes that are facing Tuxedo in the coming months and years,  strong, responsible leadership will be critical.

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Agenda For Town Board Meeting October 26, 2015

Call to Order
Pledge of Allegiance
Minutes
Monthly ReportsTown Supervisor/Town Board Update

Public Comments on Agenda Items
Agenda Items:

1. Resolution to Authorize Execution of Security and Inspection Agreement with Related Co.

2. Resolution to Authorize Agreement to Perform Snow and Ice Control on Old Forge Road in Warwick

3. Resolution to Autiibrize Agreement to Perform Snow and Ice Control on County Roads

4. Reminder of Public Hearings Commencing at 7:00p.m. on November 9, 2015 Regarding:

• Local Law Enacting Certain Zoning Amendments to Create the "Tourism Business" Zoning District

• 2016 Preliminary Budget and Special Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District

5. Reminder of November 10, 2015 Special Town Election regarding Proposition to Increase Budgetary Allocation for the Tuxedo Park Library.

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting October 13, 2015

The Town Board met on Tuesday, October 13, 2015 at 7:00 pm.  All members were present.  Due to a Planning Board meeting being held at the same time, the meeting was held in the Multipurpose Room at George Grant Mason School.

Presentation regarding 2016 Tentative Town Budget:
Supervisor Rost opened the discussion by stating that this was the first time ever a Town Board had offered a presentation on the Tentative Budget.  In the past, the budget has not been introduced to the public until it reached the Preliminary Budget stage.However, the Board woulf like to  get the information contained in this budget out to the residents and they welcome the public into the process.  He reminded everyone that the information being presented was the Tentative budget and not the final one.  As such, it is a work in progress.  He pointed out that a  lot has already changed in the document during the process.  Town Employees have made suggestions and the Town’s labor unions are currently working with Town Consultant, Michael Richardson to also make some changes.  

The Supervisor went on to say that he feels the present Town Board is  doing a better job at being managers of the Town.They hired Bill Sweet, CPA, to be the bookkeeper; they appointed Val Reardon who is also a CPA to the Board; they hired a new auditor and they hired Michael Richardson to help guide them through labor negotiations. 

The budget consists of an A Fund and a B Fund.  The A Fund covers the entire Town, including the Village of Tuxedo Park while the B Fund covers only the Town outside of the Village.  The Revenues that were negotiated over the last couple of years (payments from Genting and Related) went into the A Fund.  Because the Town does not have those revenues anymore, there is unfortunately a big shortfall in the A Fund.   One of the benefits of the these revenues going into the A Fund however, was that last year those enjoyed approximately a 40% tax decrease.  This year, however the A Fund is penciled in for a 28% increase.  If one looks at where the Town was 2 years ago though,  things are still 12% to the better.

Were the Board to do absolutely nothing else with the budget, the Town would still  be facing roughly  a 30% tax increase. 

The question going around Town seems to be “what happened to the million dollars?” (which was the shortfall at the beginning of last year) Supervisor Rost stated once and for all that the money was never there.  The balance book was misstated.  This Board hired a new auditor and he has been working hard to reset everything to accurately reflect the Town’s finances.  He then turned the floor over to Bill Sweet, Town Bookkeeper and Michael Richardsson, the Town’s labor consultant.

Bill Sweet  prefaced his remarks stating that he wanted to try and explain how the Town had gotten to its current financial state.   He further stated that in the months ahead the Town Board would be facing the difficult decision of whether to raise the Town Taxes by 30% or to cut roughly 30% from the Town Budget. 

Michael Richardson next explained the costs of the Town’s contractural labor force (Highway and Police

Mr.  Sweet then provided an overview of the revenues in Town.  t Commenting  “the damage wasn’t done in one year and it’s not going to get fixed in one year, and unfortunately everybody is going to feel it,”  hecautioned that for the past two years, the Town had been trying to keep everyone employed business as usual, but in 2016 hard choices will need to be made.
Mr. Sweet then introduced the 2016 Tentative Budget, which includes a 12% decrease in expenses and $8.6 million in expenses. This translates into approximately a 6.2% increase spread across the entire Town. 

At the conclusion of the presentation, Supervisor Rost commented that there was a lot of information for everyone to take in and digest.  He pledged to keep the lines of communication with residents open and said he would be sharing information as he received it. 

Click here to View a copy of the presentation.  This information can also be found on the Town’s website.

Town Supervisor/Town Board Update:
The Supervisor reported that he has been so tied up with the budget that he he didn’t have much to report for his update.  He did say, however, that he had been in court with Perfect Cut a week prior at which time Perfect Cut filed a motion for a change of venue.  They have a week to submit that request In writing and then all will wait for a ruling on that motion.

Public Comments on Agenda Items:
Rick Marsh wondered whether the Board could make any projections regarding what the might do to resolve the budget crisis?  He added that it appeared to him that they were leaning toward cutting jobs. 

Supervisor Rost responded that thiswas certainly one of the things that was on the table. 

Mr. Marsh further commented that he had heard that  the Board was looking at hiring more part-timer police officers while at the same time  cutting dispatchers by  taking midnight shifts away (to have that time covered by State Police) He asked if those things were being considered.

The Supervisor replied that every option is currently on the table. 

Mr. Marsh then commented that in his personal experience (he is currently a full time police officer who started as a part-timer) while part-timers seemed like a good idea from a fiscal stanpoint , what tended to happen was that younger officers were hired for these jobs, trained and puton the road and then picked up other police departments.  Also prevalent among part-timers are older policemen who are a little bit slower on response time. He also has concerns about coverage by State Police who are busy covering many other towns.  He doesn’t feel that they would be able to respond to calls in Tuxedo in a timely manner.  As far as cutting dispatchers is concerned, Mr. Marsh worries that the Town would not be able to reach Goshen because of poor radio reception in the area.  He implored the Board to take all of these things into consideratiom when making decisions.

Supervisor Rost assured him that they would.

Resolutions, etc:
The following resolutions were adopted:

  • a Resolution to set Town Election on November 10, 2015  regarding Proposition to Increase Budgetary Allocation for the Tuxedo Park Library (Since the Board of Elections never received the application for this from the Town, thus a special election needs to be held.)  Polling place will be the Town Clerk’s office.
  • Acknowledgment of Filing of 2016 Tentative Budget on September 30, 2015
  • a Resolution to adopt Introductory Local law #1 of 2015 entitled “Relief from Tax Levy Limit under General Municipal Law §3-c”
  • a Resolution to schedule Public Hearings to receive comments on 2016 Preliminary Budget and Special Improvement District charges, including Hamlet Sewer ad Sterling Mine Estates Drainage Districts on November 9, 2015 at 7:00 pm
  • a Resolution to authorize agreement to perform snow and ice control on County roads was TABLED.

Public Comments:
Andy Berish asked for clarification on Election dates.

He was told that the General Election would be held on November 3and the Library Budget Election on November 10th.

Diana Petrosky asked for an update on the Pilgrim Pipeline.

Town Attorney Don Nichol replied that he was working on a draft resolution, which he hoped to have to the Town Board for their consideration shortly. 
Councilman McMillan asked if Mr. Nichol was drafting a resolution to protest the pipeline in symbolism or “an ordinance with meat “that the Board could use?

Mr. Nichol replied that is the resolution was more of a protest but they are trying to back it up with some specific information.  He further stated that technically, the Board can’t pass an ordinance that overrules State Law, however the State will consider what they pass.

Kim Stevens said she had been greatly disturbed by the blasting being done by Tuxedo Farms.  

She was told to please call the Town Hall right away should this happen again and they would follow up with Related. 

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Notice of Change of Date for Public Hearing

TOWN OF TUXEDO
NOTICE OF CHANGE OF DATE
PUBLIC HEARING CONTINUATION
INTRODUCTORY LOCAL LAW
TITLE: “A LOCAL LAW ENACTING CERTAIN ZONING AMENDMENTS
TO CHAPTER 98, ‘ZONING,’ OF THE CODE OF THE TOWN OF TUXEDO
TO CREATE THE ‘TOURISM BUSINESS’ ZONING DISTRICT”

PUBLIC NOTICE is hereby given that the Town Board of the Town of Tuxedo will continue the public hearing to hear comments on Introductory Local Law entitled, “A Local Law Enacting Certain Zoning Amendments To Chapter 98, ‘Zoning,’ Of The Code Of The Town Of Tuxedo To Create The ‘Tourism Business’ Zoning District,” at 7:00 p.m. on Monday, November 9, 2015 at the Tuxedo Town Hall, One Temple Drive, Tuxedo, New York, at which time all persons interested therein shall be heard.

Such Introductory Local Law would establish a new Tourism Business zoning district encompassing properties primarily with frontage on Route 17A located centrally within the Town of Tuxedo and Sterling Forest State Park which, once implemented, would (1) achieve the goals, objectives and vision of the Town of Tuxedo Comprehensive Plan Update and (2) introduce certain design standards which shall apply to uses within such district as well as the existing districts in the Town of Tuxedo. A complete copy of the Introductory Local Law is available for inspection at the Town Clerk's Office and at the Town website, www.tuxedogov.org.

The Town of Tuxedo will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk.


BY ORDER OF THE TOWN BOARD
OF THE TOWN OF TUXEDO
ELAINE M. LAURENT, TOWN CLERK

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Notice of Location Change For October 13 Town Board Meeting

NOTICE IS HEREBY GIVEN, that the Regular Bi-Monthly Meeting of the Town Board of the Town of Tuxedo scheduled for Tuesday, October 13, 2015 will be held at the George Grant Mason Elementary School Multipurpose Room, 11 Hillside Avenue, Tuxedo, New York, commencing at 7:00 p.m.

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Agenda for Town Board Meeting October 13, 2015

Call to Order
Pledge of Allegiance

PRESENTATION REGARDING 2016 TOWN BUDGET

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items
Agenda Items:
1.   Resolution to Set Town Election on November 3, 2015 Regarding Proposition to Increase Budgetary Allocation for the Tuxedo Park Library

2.   Acknowledgment of Filing of 2016 Tentative Budget on September 30, 2015

3.   Resolution to Adopt Introductory Local Law #1 of 2015 Entitled, “Relief from Tax Levy Limit under General Municipal Law §3-c”

4.   Resolution to Schedule Public Hearings to Receive Comments on 2016 Preliminary Budget and Special Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District

5.   Resolution to Authorize Agreement to Perform Snow and Ice Control on County Roads

6.   Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting September 28, 2015

The Town Board met on Monday, September 28, 2015 at 7:00 pm.  All members were present.

Public Hearing regarding Introductory Local Law Entitled “Relief from Tax Levy Limit under General Municipal Law 3-c”

Supervisor Rost opened the hearing by reading a statement from the Association of Towns which stated that the tax cap for 2016 will be 0.73%.  This  is less than half of 2015’s property tax cap!  To read this statement, click here

Michele Lindsay stated that, while she understood that a .73% cap might be too restrictive, the way the proposed law is written seems too open-ended to her.  She wondered if the Board would consider passing a law which included a 2% cap or some other figure instead of “no control at all.” 

The Supervisor responded that this was something they could look at. 

Mrs. Lindsay also wondered if there was a period during which public comments would be accepted.  She was told that comments had to be made at the public hearing. 

Ulrich Pendl protested that he had only heard of the proposal the day prior when he received the meeting agenda via email.  He was told that the proposed law had been posted on the Town’s website for 2 weeks and had also been published in the newspaper Mr. Pendl then  wanted to know what the intent of the Board was in terms of how much they might  need to exceed the cap.  He further wondered when the budget would be available. 

Supervisor Rost replied that he had started the budget process early because it entails so much work.  The tentative budget will be turned in to the Town Clerk, as required, on Wednesday, September 30.  Because .73% is such a small increase, the Board feels they need the option to raise the cap..   Mr. Pendl then wondered if there would be another public hearing setting a new tax cap and he was told there would be a public hearing on the budget.  Mr. Pendl then complained that the agenda stated that the Board would vote on the law immediately following the public hearing.  He was told that the resolution to adopt was going to be tabled.

Karen Dougher wondered if there was any penalty if the Town should exceed the tax cap.

The Supervisor replied that residents would not receive rebate checks from the State of New York.

Mrs. Dougher wondered if there was any further penalty and was told no.

Town Supervisor/Town Board Update:
Supervisor Rost reported that a court date was being scheduled for the eviction of Perfect Cut.  It looks like this might take place in the first week of October, but the date has not been confirmed as yet. 

He added that he has been spending the majority of his time working on the budget and so he had nothing further to report.

Councilman McMillen reported receiving “many calls” from people complaining that Hunan Gardens restaurant has begun dumping greasy water on the road behind their building and this water has stained the road.  This has created an eyesore as well as a dangerous, greasy condition.  He requested that the Code Enforcement Officer go to investigate.

Resolutions/Reminders:

  • A Resolution to adopt Introductory Local Law #1 was tabled
  • A Reminder that there will be a continuation of the Public Hearing  on Introductory Local Law on Zoning amendments which creates a “Tourism Business Zoning District” on Tuesday, October 13, 2015 at 7:00 pm
  • A Reminder of Family Fun Day at Murphy Field (which has since been rescheduled for Sat. October 10 from 11am to 3 pm.)

Public Comments:
Michele Lindsay stated she was planning to attend the Village Board of Trustees meeting later that evening to hear the representative from Pilgrim Pipeline speak.  She wondered if the Supervisor had any updates on the pipeline.

The Supervisor replied that he had not heard anything from the company and stated that if the Village meeting had been on a different night, he would have attended as well. 

Karen Dougher wondered if there was an update from the Town Attorney on the resolution about the pipeline. 

Supervisor Rost responded that they were still working on the verbiage for the resolution.

Mrs. Dougher asked if there were plans to include zoning ordinances. 

The Supevisor replied that if Pilgrim Pipeline were to invoke eminent domain, there would be no point in anything like that.  This is why the attorneys are studying it. 

Mrs. Dougher then stated that since Pilgrim Pipeline is not a New York company, they can’t invoke eminent domain. 

She was told they would become a New York company. 

Town Attorney Protter was asked if he thought passing any zoning ordinances might make a difference and he declined to give an opinion since he is not the one who has been working on this matter. 

Vouchers were signed and the Board adjourned into an Executive Session to discuss a personnel matter.

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Agenda for Town Board Meeting September 28 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARING Regarding Introductory Local Law Entitled, "Relief from Tax Levy Limit
under General Municipal Law §3-c"

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Adopt Introductory Local Law Entitled, "Relief from Tax Levy Limit under General Municipal Law §3-c"

2. Reminder of Public Hearing Continuation at 7:00 p.m. at Town Hall on Tuesday, October 13, 2015 Regarding Introductory Local Law Entitled, "A Local Law Enacting Certain Zoning Amendments to Chapter 98, 'Zoning,' of the Code of the Town of Tuxedo to Create the 'Tourism Business' Zoning District"

3. Reminder of 14th Annual Family Fun Day at Murphy Field on Saturday, October 3, 2015

4. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Notice of Special Town Board Meeting September 22 2015

Call to Order
Pledge of Allegiance

Agenda Item:

1. Resolution to Recess into Executive Session for the Purpose of Discussing a Personnel Issue Regarding a Specific Employee

Adjournment

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Town Board Meeting September 14, 2015

The Town Board met on Monday, September 14, 2015 at 7 pm.  Councilman Phelps was absent.

Public Hearing regarding Introductory Local Law #1 of 2015 entitled “A Local Law enacting certai zoning amendments to Chapter 98, ‘Zoning’ of the Code of theTown of Tuxedo to create the ‘Tourism Business’ Zoning District”:

Town Attorney Don Nichols opened the hearing with a short history of the amendments, which were created to bring the Zoning Code in compliance with the Town’s Comprehensive Plan that was adopted two years ago.  During the public hearings for the Comprehensive Plan, the section dealing with this district was one that was agreed upon by the majority of the public commenting at the time.  The law covers the part of Town comprised of the Ski Center, the Renaissance Faire and the old Sterling Forest Gardens.  It is intended to encourage those kinds of businesses for that area. 

Andy Berish wondered if this law was what was causing the Ski Center to remain closed for the coming year.  He was told no.  In fact this law would encourage that kind of business!

Sue Papke asked for an “overview” of who owns what property in the proposed District. She was told this is a matter of public record.

Steven Spiegel, attorney for Faire Partners, wanted to know exactly which areas were covered and how the regulations would change.  Supervisor Rost responded that he would be happy to provide him with all the information he needed.  He promised to call him the next day to find out what that might be. 

Mrs. Papke stated it was hard to make public comments when she didn’t know the details.  When asked what details she wanted, she replied that there were “all sorts of talk around Town about the Town buying the Ski Center and then it stopped,” and she wondered why.

The Supervisor replied that the Town had merely looked into the property and this is as far as it had ever gone.  Mrs. Papke then asked “but aren’t there numerous owners of the property?” 

Attorney Nichols explained that ownership of the property was not the focus of this law, it is the use of the property that the Town is interested in.  

Mr. Spiegel wondered whether there were plans to let the usage expand…for example to allow for housing on golf courses or ski mountains.  It was explained to him that the area in question doesn’t have any golf courses and that the “ski mountain” really doesn’t lend itself to housing.  Residential development is not permitted in the area.

The Supervisor again stated that if Mr. Spiegel would call him and give him a list of things he wanted to know, the Supervisor would provide it to him.  He also stated that the Public Hearing would be kept open until at least the next Town Board meeting on September 28th. 

Michele Lindsay wondered if some of the property was in Sterling Forest State Park and if so, how that would work?  The Supervisor confirmed that some of the property was PIPC property and said that the District had stated that one purpose allowed for the land was recreational which is what Sterling Forest is.  Attorney Nichols added that because Sterling Forest is a State Park, they will continue to be governed by the State laws and could override local zoning. 

Mrs. Lindsay also wondered about the proposed usage as camps and wanted to know precisely what kind of camps would be allowed.

Mr. Nichols replied that it would depend on what was proposed by the owner of the property.   At this point, no camps have been proposed. 

Mrs. Lindsay also asked to have a letter written by Kristy Apostolides read into the record.  She was told that the letter had been received and would be made a part of the official record. 

Supervisor/Town Board Update:
Supervisor Rost stated that he was still in talks with two different solar companies.  He mentioned that a new program called Community Solar has come online.  In it, certain members of the community will be able to participate in the program and receive discounts. 

The Supervisor also reported that he was still working on the budget.  The deadline for town departments is fast approaching and the Town Board is acutely aware that they need to roll up their sleeves and get to work on finalizing the budget.  They are committed to doing things the right way and have an auditor who won’t allow them to do it any other way. 

Additionally, he announced that Related has broken ground on the Sewer Plant.

The Supervisor further stated that the Town has received a number of complaints about invasive plant(s) in Town and thus the Board would be discussing this and possible solutions later in the meeting.

Finally, the Supervisor said that the tax cap for the town would be about .7% next year and therefore they would be introducing a new law to address this.

Public Comments on Agenda Items:
Dale Mottola asked about the identity of the Certiorari proceedings in Item #3.  She was told it was David Dangoor and Specialized Reality Services, LLC.

Resolutions, etc:
The following were passed:  

  • a Resolution to re-appoint Edward Brennan a Member of the Board of Assessment Review with a term expiring on 9/30/20.
  • a Discussion of Invasive Plant Species in Town.  The Supervisor reported that the Board has received some complaints about invasive species particularly bamboo and they are wondering how to address these complaints.  The possibility of drafting a law to prohibit a list of species was discussed but no one was quite sure how that would/could be enforced.  It was suggested that a list could be drawn up and given to the Planning Board for use when approving future landscaping plans. 
  • a Resolution to authorize Town Counsel to Defend Town in Certiorari Proceedings
  • a Resolution to introduce Local Law #2 of 2015 entitled, “Relief from Tax Levy Limit under General Municipal Law §3-c”  This needs to be introduced now just in case the Town needs it.  There will be a public hearing on September 28, 2015 at 7 pm
  • a Reminder of Family Fun Day to be held at Murphy Field on Saturday, October 3.
  • a Resolution to grant Special Use and Special Sign Permits for St. Mary’s Community Yard Sale at the Train Station on September 26  

Public Comments:

Michele Lindsay stated that she was leaving flyers for A Better Tuxedo’s Community Forum to be held at 9 am on Saturday September 19 at George Grant Mason’s Community Room.

Vouchers were signed and the meeting was adjourned into an Executive Session to discuss contract negotiations.

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Agenda For Town Board Meeting September 14, 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARING Regarding Introductory Local Law #1 of 2015 Entitled, "A Local Law Enacting Certain Zoning Amendments to Chapter 98, 'Zoning,' of the Code of the Town of Tuxedo to Create the 'Tourism Business' Zoning District"

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items
Agenda Items:

1. Resolution to Re-Appoint Edward Brennan as Member of Board of Assessment Review

2. Resolution to Authorize Town Counsel to Draft Local Law Prohibiting Invasive Plant Species

3. Resolution to Authorize Town Counsel to Defend Town in Certiorari Proceedings

4. Resolution to Introduce Local Law #2 of2015 Entitled, "Relief from Tax Levy Limit under General Municipal Law §3-c"

5. Reminder of 141h Annual Family Fun Day at Murphy Field on Saturday, October 3, 2015

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Supervisor Update

Hello Tuxedo,

At Monday’s Town Board meeting, we received a full report from the town’s new auditor covering Fiscal Year 2014. We believe firmly in creating a new era of transparency and accountability here in Tuxedo, and the entire report and presentation can be reviewed here.

http://www.tuxedogov.org/news

After a long discussion of the findings, Hema Easley at the Times Herald Record wrote an article about it here.

http://www.recordonline.com/article/20150828/NEWS/150829428/0/SEARCH

I had many concerns about the Town’s fiscal condition coming into office in 2014 and sought assistance from various individuals and agencies in evaluating the situation. That led to the State Comptroller General conducting an audit for the period of January 2013 to January 2014, but we were only made aware of the findings of this review in January of this year. The independent auditors from New York State confirmed some of my concerns - their report can be read here.

http://www.tuxedogov.org/news/officeofthenewyorkstatecomptroller-financialoperationsaudittownoftuxedo

We took swift and immediate action. Since none of the issues raised by the Comptroller were evaluated by our independent accountant and auditor, we terminated our relationship and sought new professional help with the accounting team at Cooper Arias. The new auditors, Andrew Arias in particular, spent four months reviewing our records for 2013 and 2014, and did an outstanding job. This resulted in a restatement of balances going back two accounting years to more accurately reflect reality. Cooper Arias was instrumental in bringing many issues to light, and the Town Board takes their findings very seriously.

Although we only received the full audit report in July, we have already made several changes internally that will address the concerns found by Cooper Arias and Mrs. Easley. We have hired two new financially-savvy individuals - one in the finance department, and one on our Town Board - who have the skills and expertise to implement common-sense policies and procedures to fix the problems that exist. We have segregated duties and responsibilities within our financial management, updated our internal controls, outsourced our payroll processing, and are implementing time clocks in several departments. Since our accounting software is generations out-of-date, we evaluated four accounting systems earlier this year, one of which will be implemented on January 1st, 2016.

While the report was sobering, we welcome the findings as it reflects an accurate picture of the Town’s fiscal condition prior to 2015. I assure you that this year and moving forward will be different. The damage wasn’t done in a year, and although we have come a long way, many of the issues continue to require attention and thoughtful action.

Mike Rost
Town supervisor

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Town Board Meeting August 24, 2015

The Town Board met on Monday, August 24, 2015 at 7:00 pm.  Supervisor Rost was absent.

The meeting began with a presentation on Town Finances given by Town Auditor Andrew Arias and Town Bookkeeper Bill Sweet.  A copy of their presentation can be seen here

A copy of the full audit can be found here:
http://www.tuxedogov.org/news/townoftuxedoauditreport2014

Public Comments on Agenda Items:
Michele Lindsay inquired about  the item identifying Orange County Land Trust as a entity to hold conservation easements for the Town. 

Attorney Larry Wolinsky explained that the resolution was merely to state that Orange County Land Trust would be an acceptable organization to hold the conservation easements.  He added that this was only a very preliminary step in the process of dealing with the Northern Tract.        

An attorney representing owner of the Renaissance Faire and Ski Center properties requested that the Town not schedule a public hearing on zoning changes until they had an opportunity to discuss the changes with the Town.

Town Attorney Wolinsky said that such comments were appropriate for a public hearing.  He further commented that the property owner was welcome to contact the Board for discussion in advance of the hearing if he so chose. 

A resident of Laurel Ridge wondered how he would go about finding out what the proposed zoning changes were?  He was told that after the resolution was passed, the complete of the proposal would be posted on the Town’s website.
           
Resolutions:
The following resolutions were passed:

  • A Resolution introducing Local Law #1 of 2015 which creates a “Tourism Business Zoning District in Sterling Forest State Park for properties primarily with frontage on Route 17A.  A public hearing on this law was set for September 14th at 7:00 pm.
  • A Resolution affirming that Orange County Land Trust would be an acceptable land trust to hold the conservation easements contemplated by the Special Permit as the same may ultimately be approved by the Town Board.
  • A Resolution to approve Towing License for C&E Autobody of Southfields. 
  • A Resolution determining the validity of a petition for a proposition to increase the budgetary allocation for the Tuxedo Park Library to be included on the November 3, 2015 Ballot
  • A Resolution to grant special Sign Permits to Maskers Orchards for directional signs.
  • A Resolution to grant special Sign Permits to promote the Powerhouse Jam on September12th benefitting MyHarriman.com.

Public Comments:
Andy Berish thanked the Board for passing a resolution against the Pilgrim Pipeline and asked if there was anything else that could be done to prevent the pipeline from coming to Town?

He was told that until the Pipeline announces a  plan, there really is nothing that can legally be done. 

It was pointed out that Mr. Berish and other residents could start a petition against the Pipeline stating their opposition to the project.  It was also mentioned that the Town could start looking into changing their zoning code to prohibit any pipelines. 

Bill Sweet stated that he and Mrs. Lindsay were present to represent the group “A Better Tuxedo,” which is trying to get the various parts of Town together to promote the Town and make improvements to it.  This group is sponsoring a public meeting at GGM on September 19th at which residents from all parts of Town are invited to come and voice their thoughts on the future of the Town. 

Vouchers were signed and the meeting was adjourned. 

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Agenda for Town Board Meeting August 24, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

PRESENTATIONS BY TOWN AUDITOR REGARDING RESULTS OF 2014 INDEPENDENT FINANCIAL AUDIT AND BY TOWN BOOKKEEPER REGARDING CURRENT TOWN FINANCES

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Schedule Public Hearing on Zoning Changes

2. Resolution Affirming that Orange County Land Trust would be an acceptable land trust to hold the conservation easements contemplated by the Special Permit as the same may ultimately be approved by the Town Board.

3. Resolution to Approve Towing License for C&E Autobody, Southfields, NY

4. Resolution Determining the Validity of a Petition for a Proposition to Increase the Budgetary Allocation for the Tuxedo Park Library to be Included on the November 3, 2015 Ballot

5. Resolution to Grant Special Sign Permits to Masker Orchards for Directional Signs

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting August 10, 2015

The Town Board met on Monday, August 10, 2015 at 7:00 pm.  All members were present.

Supervisor Rost opened the meeting and thanked everyone for coming.  Although the meeting was slated to be a vouchers only meeting, the Board also was receiving a presentation from Kate Hudson of Riverkeeper on the proposed Pilgrim Pipeline project.

Prior to that presentation, the Supervisor announced that the Board had directed their counsel to draft a resolution in opposition to the Pipeline.  This announcement was met with applause from the audience.  Additionally, he reported that the complaint filed by Perfect Cut against the Town has been dismissed by the Judge so now they can move back to the Tuxedo Town Court for the eviction proceeding. 

The Supervisor then turned the meeting over to Ms. Hudson, after stating that she would be giving a presentation to the Board and thus there would be no question and answer period.  However, he added that perhaps Ms. Hudson would agree to answer a few questions while the Board signed their vouchers.

After introducing herself and giving a brief description of Riverkeeper, Ms. Hudson spoke on the Pipeline and its perils.  To see a copy of her presentation, click here.  After the presentation, vouchers were signed and the meeting was adjourned.

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Town Board Meeting July 27, 2015

The Town Board met on Monday, July 27, 2015 at 7 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost reported having met with the Finance Committee last week and noted that they were starting work on the budget.  Additionally, he stated that the Town Auditor has finished his report on Fiscal 2014.  This will be posted to the Town website.  Bill Sweet is working on setting up a time in August when the Auditor can be present to answer any questions the Board members or residents might have for him.  At that time, Mr. Sweet will also give a presentation about where the Town currently stands financially. 

Supervisor Rost and Councilman McMillan met with the OnForce Solar Company to discuss bids and figures.  They have decided to get a few more bids from additional companies in order to make sure that the Town gets the best possible deal.  

Agenda Items:

  1. Resolution to Grant Special Sign Permit to Northern Tuxedo Residents Association for Signboard at Entrance to Tichy Field.

Residents Claudia Baktiary and Donna Weinand requested permission to erect a plexiglass enclosed signboard at the entrance to Tichy Field for the purpose of posting community events and information.  The sign will be locked and posting will only be able to be done by Ms. Baktiary and Weinand who will have the only keys.   Council Member Reardon expressed some concern that the board should be updated in a timely manner and that it should consist of information from all parts of Town.  The Northern Tuxedo residents stressed that this was not a board run by the Town Board, but rather by the residents. 

  1. Resolution to Grant Special Sign Permit to Tuxedo School District for Signs Promoting School Distric and Nonresident Scholarships.   

Although the school had only requested 4 signs, the Clerk wrote the resolution for 20 signs which will be displayed between July 30-August 31, 2015.  The Board approved the 20 signs.

  1. Discussion and Possible Resolution to Approve Overflow Renaissance Faire Parking at Red Apple Rest.  The intention is that this will put an end to parking along Route 17A.  There are an additional 300 spots at the Red Apple site and more spots could be made available by the Tuxedo Auto Body.   The Faire will fill their lots first and then start diverting Faire-goers to the Red Apple site which will be served by School buses  transferring people back and forth.  These buses will drive on back roads through Benjamin Meadow. It is anticipated that these routes would start around 3 pm and the buses would run approximately every 45 minutes.  This would be for the month of September only.   The Renaissance Faire has also rented 4 electronic signs for September, which will direct people for parking as well as for apple picking. 
  2. Discussion of Blasting Fees.  The company that was awarded the bid for blasting in Tuxedo Farms has asked the Town to consider lowering their blasting fees as it finds our fees significantly higher than other towns in the region.  Apparently they did not check this prior to making their bid. There was some feeling that if the company had failed to do their homework and thus not made their bid high enough, this should not be the Town’s problem.  It was decided that the Board would do some more research in regard to the fees charged by other Towns and the matter was thus tabled until a future meeting.

 

      5.  Discussion of Zoning Amendment.  Supervisor Rost opened the discussion by saying that the Board had been working on zoning amendments for quite a long time.  While there is still some work to be done to fine tune the amendments, they are all in agreement on the zoning for the area around the Ski Center as a Tourism/Business Zone.  Town Attorney Nichol explained that instead of waiting for everything else to be done, they are proposing to send that part of the amendments to Orange County for their review (maximum of 30 days) after which a public hearing will be scheduled and the Board can move forward and vote on this part of the amendments.  Kristy Apostolides wanted to know why this was being done and expressed her opinion that this could be an issue with the SEQR process if it was determined to be segmentation.  Mr. Nichol assured her that this would not be the case. 

Public Comments:
Andy Berish wondered if there was anything that could be done to stop the Pilgrim Pipeline. 

Supervisor Rost responded that as there is not a proposal currently in front of the Town, he doesn’t see that there is anything that can be done.

Kristy Apostolides pointed out that they could pass a resolution against it but the Board doesn’t feel that this would do any good without a prior proposal.  Ms. Apostolides pointed out that the pipeline people might not need permission in order to proceed with the project. 
Supervisor Rost responded that if they didn’t need permission, then there would be no point in passing a resolution to prevent it.

Sue Scher asked if a representative from Riverkeeper would still be speaking on the Pipeline.

Councilman McMillan replied that yes, they were still trying to schedule this.

Ms. Scher then asked for details about what is happening with the mulch pile and the court.
Town Attorney Nichol replied that Perfect Cut has asked for something called a Yellowstone Injunction, which would allow them to cure their defaults.  Since one of the defaults has to do with nonpayment of fees and there has been no attempt by Perfect Cut to pay what is owed, the Town has asked for a dismissal of this injunction.  The Judge said that he wouldn’t delay his decision on this dismissal but he also wouldn’t expedite it, and since he presently has many many cases in front of him, the Town will have to wait its turn.

Vouchers were then signed and the Board adjourned into Executive Session to receive legal counsel.

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Agenda for Town Board Meeting July 27, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Grant Special Sign Permit to Northern Tuxedo Residents' Association for Signboard at Entrance to Tichy Field

2. Resolution to Grant Special Sign Permit to Tuxedo School District for Signs Promoting School District and Nonresident Scholarships

3. Discussion and Possible Resolution to Approve Overflow Renaissance Faire® Parking at Red Apple Rest

4. Discussion of Blasting Fees

5. Discussion of Zoning Amendment

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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A message from the Town Supervisor
Posted: 7/22/15

Hello Tuxedo,

Things have been quiet but I want to update you all on some current issues.  The Town Board on Monday voted unanimously to appoint Valerie Reardon to the seat vacated by Kristian Matthews.  Val will apply her experience in ethics compliance and internal controls auditing, making her uniquely qualified for this position.  Val also holds two MBA’s, a BA and is a CPA.  We are fortunate she is willing to bring her talents to Town Hall and welcome her to the team.  Please follow this link to see her bio. http://www.tuxedogov.org/  The business before the Town Board has been negotiating our police and highway labor contracts.  The Town is still in the process of evicting Perfect Cut from our property located on Long Meadow Road.  We began working on our 2016 budget, and 2016 will prove to be a very challenging year financially. Finally, we will be breaking ground on the new sewer plant for the Hamlet very soon.  

The Town Board retained a labor consultant to work with our town attorney to manage the negotiations with both the highway and police unions.  These bargaining agreements are very important for the Town, and need to be done correctly and favorable for both parties.  We felt it was best to hire someone with the experience and knowledge to guide us through this process.  While the highway talks are progressing, the police talks are more complicated because the board wants to exercise its’ right to introduce a part time position to the police force and have our employees punch in and out on a time clock. 

The part time position, as originally proposed, would let the Town hire part time officers through attrition.  No officer would lose his employment with the Town of Tuxedo and it would lead to future savings for the Town.  While the Board recognizes we have a highly trained and professional police department, the current structure is simply not sustainable.  We are determined to work towards the best deal for the Town that will improve controls, limit risk and be the most cost effective while being fair to our employees.  Attached to this email you will find information published in 2010 from Orange County that compares the Tuxedo police department to other towns. 

The implementation of the time clock at the police station has been delayed because the Town must first negotiate this “new procedure” with the police union. The Town Board approved the outsourcing of payroll to increase productivity and efficiencies at Town Hall.  We currently manually track time and attendance as well as process manual checks.  We need to move forward with the outsourcing not simply to improve efficiencies at Town Hall but also to improve controls.  Please follow this link to see a report from the Comptroller’s office and newspaper article regarding this issue.  
http://www.osc.state.ny.us/localgov/audits/towns/2015/goshen.htm
http://www.recordonline.com/article/20150202/NEWS/150209859 

Concerning the litigation between Perfect Cut and the Town, there is a meeting scheduled for the 28th in front of the Judge and we are hopeful for a favorable outcome for the Town so we can move forward with the eviction process.

The first building permit for the Tuxedo Farms development is close to being issued.  This building permit would be for clearing and grading.  The Northern Tract is a popular subject for discussion lately and I met with the Orange County Land trust on July 8th to discuss the easement on the Northern Tract.  More meetings need to be held and I will keep you informed as the information becomes available.

I will keep you updated on these and any other events that come before the board.

Wishing you a safe and healthy summer,

Michael Rost
Supervisor-Town of Tuxedo

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Town Board Meeting July 13, 2014

The Town Board met on Monday, July 13, 2015 at 7 pm.  Councilman Loncar was absent.

Town Supervisor/Town Board Update:
Supervisor Rost reported having met with representatives of Orange County Land Trust to begin talks about their managing the easement on the Northern Tract land.  He described it as a very preliminary but good meeting.  There will be many more meetings to follow up on this subject. 

The Supervisor also reported that Perfect Cut will be in Orange County Court, before the Judge on July 28th.  In the meantime, they have done a lot of work on the site at the Highway garage.  A tremendous amount of mulch has been moved out and the piles are way down.  Even the logs are starting to move out and there has been some progress made on the dirt. 

Public Comments on Agenda Items:
There were no comments or questions from the public.

Resolutions:
The following resolutions were passed unanimously:

  • a Resolution to appoint Valerie Reardon as Town Councilmember to fill a vacancy.  This resolution was preceeded by discussion among the Board members.  The Supervisor said that the Board had decided to go for the rest of the year without appointing anyone to this position because they could not agree on any of the people who had expressed interest.  However, when they found out that Mrs. Reardon was interested, this changed.  Her credentials are impeccable and include skills that will add to Town Board i.e. she is “responsible for the development, implementation and monitoring of EmblemHealth’s (where she is Senior VP) Compliance program.”  She is also a CPA and hold a BA and two MBAs.  The Board feels lucky that Mrs. Reardon has agreed to serve.  Councilman Phelps concurred and said he had interviewed her both for the Board and with the Republican Committee and was very impressed with her both times.  Councilman McMillen said he also agreed. 
  • a Resolution to approve $265,000.00 Improvement Bond and $50,000 Inspection Escrow for Tuxedo Farms Development.  This was  studied and approved by the Town Planning Board. 

Public Comments:
Andy Berish asked where the Town stood with the Pilgrim Pipeline.  He attended the meeting at St. Mary’s where Target Tuxedo presented a talk on the subject.  He reported not being able to see the map well and wondered if the Town could provide him with a better one. 

Supervisor Rost responded that he had also attended the meeting.  The map shown was one they had obtained from the Town.  There is no definite route for the Pipeline that he knows of.  When they hear that a route has been chosen, they will certainly delve into the subject and let the residents know what they find out. 

Janet Galuska thanked the Town for the work they have done on cleaning up Powerhouse Park.  She would like to see the Town put up a sign asking people to comply with the Town’s  existing leash law as many people are letting their dogs run free in the Park and the dogs are making a mess on the property. 

Since both Mrs. Reardon and the Town Clerk were present, she was then sworn in as Councilperson.

Vouchers were signed and the meeting was adjourned.

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Agenda For Town Board Meeting July 13, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
I. Resolution to Appoint Valerie Reardon as Town Councilmember to Fill Vacancy

2. Resolution to Approve $265,000.00 Improvement Bond and $50,000.00 Inspection Escrow for Tuxedo Farms Development

3. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Special Town Board Meeting Monday June 29, 2015

The Town Board held a Special Meeting on Monday, June 29, 2015 at 7 pm.  All members were present.

The reason for the meeting was to hold an executive session for the purpose of interviewing a candidate for the vacant Town Board seat.  Town resident Kristy Apostolides objected to this.  Supervisor Rost told her that interviews were always conducted in closed sessions. He added that the Board did not intend to appoint anyone to the seat at this time; they were merely conducting an interview.  Ms. Apostolides countered that she was not concerned with what had happened in the past, rather she wanted to address what was happening right now.  The Supervisor reiterated that interviews were always conducted in closed sessions.  Ms. Apostolides replied that she found what the Board was doing a little strange so she had contacted the Committee on Open Meetings and they referred her to a court decision which states that when appointing someone to fulfill an unexpired term of an elected official, the discussion of selection should be subject to public input and scrutiny.   The Supervisor and Board members assured Ms. Apostolides that they would not be “discussing the selection” of the Board member, they were merely conducting an interview.  The Board stated that any discussion of the selection would, in fact, be done in a public meeting.  Ms Apostolides then stated that she hoped the Board would be conducting interviews with the other people who had expressed interest in the position as well.  She said she knew of 3 people who were interested.   She was told that the Board members, individually, had been talking to people.  She was also told that this process was no different from the one followed when Councilman McMillan was appointed to the Board.  Ms. Apostolides answered, “I know.  But, it’s questionable.  I want to make sure that you are aware of the Open Meetings Law.  You promised transparency and this is one of the things you should be well versed in.”  She was told that the Board was following advice of their attorney to which she replied “attorneys can make mistakes as well.”   After thanking Ms. Apostolides for her comments, the Board adjourned into Executive Session.

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Agenda for Special Town Board Meeting Monday June 29, 2015

Call to Order
Pledge of Allegiance

1.  Resolution to Enter into Executive Session for the Purpose of Interviewing Possible Appointee to the Town Board

2.  Any other business as may come before the Board after this Agenda is posted

Adjournment

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Town Board Meeting June 22, 2015

The Town Board met on Monday, June 22, 2015 at 7 pm.  All members were present.

Monthly Reports:

Highway Dept:
Deputy Superintendent Marusich stated that presently Orange County is paying the Town $44,600 per year for plowing of Long Meadow Road and part of Sterling Mine Road.  This amount has not increased in at least 5 years, but given the rise in the price for salt, Mr. Marusich feels the Town should consider asking for more money.  Next he noted that there was a house in Southfields, north of Brandy Hill, which he believes is owned by the Bank and which has some trees that block the view for motorists.  Last year, the Town pruned the trees and sent a bill to the Bank and Mr. Marusich would like to do so again this year.   Permission was given.   Recently, the Town Highway Dept. has done some patching of potholes on Route 17 and Mr. Marusich would like to submit a bill to the State in order to recoup some of the money that this cost.   He agreed to supply the numbers on the costs and the Town will try to get the State to pay.  Mr. Marusich has been approached by an Eagle Scout for assistance to do an Eagle project near the Fire Pond on Salierno Drive.  The project would consist of installing a railroad tie fence, a picnic table and bench as well as two planters.  The Board gave permission for him to assist.  Lastly, Mr. Marusich reported that the street signs (speed limit) in Town are not up to the present code (they need to be bigger) so he suggested that the Town start thinking about replacing them.   The Board said they would look into running this through the LDC for Tuxedo Farms. 

Police Dept:
Chief Welsh said the department was looking forward to the State’s installing No Parking signs on Route 17, which would make for a safer experience during the Renaissance Faire.  He reported that the State is still repairing some potholes.   He is also working to bring the security equipment in the Police Headquarters up to date.  Councilman McMillen has been assisting Lieutenant Norton with this project. 

Town Supervisor/Town Board Update:
Supervisor Rost stated that he is about to start working on the budget.  He is starting this process much earlier than in previous years as he feels this will be the most challenging year yet for the Town.  Over the last 2 years, he has negotiated payments to the Town of $2.5 million (from Genting and Tuxedo Farms) but those payments will not be coming  this year.  Meanwhile, Healthcare costs are increasing and there are contractual raises and retirement needs to be accounted for, i.e. there are a lot of challenges to be faced in the coming year.

The Supervisor reported that the Town is still waiting for a court date regarding the Perfect Cut eviction.  Town Attorney Nichol added that he had just written a letter to Judge Onofry asking him to uphold the Town’s motion to dismiss Mr. Guggino’s Order to Show Cause.

Perfect Cut is still not paying any rent and continues to operate on the Town property.  Mr. Nichol asked the Judge to dissolve the Restraining Order or, at a minimum, order compliance with the lease pending the decision. 

Supervisor Rost also announced that Tuxedo Farms should be breaking ground for the sewer plant in the first week of July.  On Tuesday, the Board has meetings to begin contract negotiations with both the police and highway departments. 

Turning his attention to the proposed Agenda Item #2 (establishment of a part time Police position) the Supervisor stated that he had been discussing this with other Supervisors and Mayors at the Association of Towns.  All of them reported a reduction of costs when taking on part timers as there is no paying of sick days, vacation days,  health benefits or retirement.  While he values the present police department and looks forward to having them serve the Town for many years to come, the population of the Town will be increasing with the build out of Tuxedo Farms and the department will need to grow.  The Supervisor would like to have the option of growing the Force with part time officers. 

Deputy Supervisor Phelps reported having met with two representatives of the Watchtower (Jehovah’s Witnesses) to discuss a PILOT (payment in lieu of taxes) program.  He said he had laid out the Town’s needs and also  pointed out all of the properties that had come off the tax roll.  The Witnesses said they would discuss this possibility with their Board.

Mr. Phelps also stated that there probably wasn’t anyone on the Board who had been a bigger supporter of the Town’s Police Department than himself, but he felt the time has come for the Town to look ahead and consider some part timers. 

Councilman McMillen stated that as a way of doing due diligence, he had contacted 3 police departments in the area.  He said that using part timers simply because “everyone else is  doing it,” wasn’t a good enough reason for him.  He discovered that the Town of Walkill had gone to part timers because they had a “financial emergency” and thus had no choice.  The Town of Montgomery is in “such a war with the PBA” that they declared they would push through the use of part timers.  The Town of New Windsor is currently at $37,000 in expenses from fighting litigation with the PBA.   The Councilman added that with part timers comes a reduced skill set.  As a result of not having them, the Town of Tuxedo has the lowest crime rate in all of Orange County.  He also stated that he hadn’t seen any cost analyses and felt he couldn’t vote on the resolution because of this. 

Councilman Loncar added that he agreed with Councilman McMillen that there hadn’t been enough due diligence done.  He feels that the Board should look at “other cost savings” before they go to part time policemen.  He wonders how many part timers would be necessary in order to save money?    

Councilman McMillen expressed his opinion that down the line the Town would be replacing full timers with part timers due to attrition.  He fears that this will result in a revolving door of officers.  He worries about the cost to the community. 

Councilman Phelps responded that not paying healthcare and pensions will relieve a huge financial burden that is currently placed on the Town.  He pointed out that he had been a champion of moving salaries up in order to keep the officers.  He also pushed for 2 detectives and 2 sergeants so that the men would have something to move up to and thus would stay here.   Although he wants to work with the present force, he feels the Town has to start to look ahead. 

Police Chief Welsh stated that Walkill’s move to part timers was due to a federal decree because all the full timers got fired due to corruption. The Chief stated that he was both the Chief and a resident/taxpayer of the Town. As a resident, he can’t disagree with the numbers being talked about.  As a Police Chief, he wants to see a professional police department.  For the amount of taxes that he pays, he sees a volunteer fire department and a volunteer ambulance corps and he doesn’t want a part time police department.  He asked the question “if you have a water leak in the middle of the night and your ceiling starts to fall in, do you call an electrician? No, you call a plumber, so please don’t call an electrician to do our job.”   He added that there is a place for part timers and he admitted that they would indeed save money for the Town.  He also agreed that Councilman Phelps had always been a 100% backer of the Police Department.  Finally, he stated that there were good part time police officers out there and said that if his department had to go part time, he would ensure that he would only hire the best. 

Councilman  Phelps interjected that the part timers were not being proposed to replace  any officers, but as supplementary officers. 
Councilman McMillen further stated that there might need to be negotiations with the PBA to allow part timers, which could run into litigation.   

Councilman Phelps responded that it was part of the negotiations.  He added that sometimes one just has to have the courage to butt heads with people. 

Public Comments on Agenda Items:
Sue Papke wondered if anyone had done an analysis of police overtime?

Supervisor Rost replied no because there is a lot of contractual overtime that is not manageable.  

Councilman Loncar disagreed saying he has been asking for an analysis and he feels it is manageable.

Police Chief Welsh stated that 90% of the overtime is contractual.  He went on to say that when he took over the department, there was “a revolving door police department,” by which he means that young officers out of the Academy would be hired and they would come and get trained by the Tuxedo force and then move on to “greener pastures.”  This practice has since stopped that and now The Town employes 7 full time police officers, who have unfortunately reached top pay.  In order to keep officers in Tuxedo, there’s a price to be paid.  Now Tuxedo has officers who are collecting top pay and the collective bargaining agreement says that there has to be two of them on duty at all times, 24 hours a day.  In addition there is vacation time, holiday time, sick time, comp time and that costs money.  He acknowledged that the Board was doing their due diligence and looking at ways to cut costs because that is what they are elected to do.  He wondered, however, at what price?  He admitted that the force was very “top heavy” at the moment but he said it was something he took pride in because it meant that nobody left.  He reiterated that the Board was just doing their job and said he was also doing his. 

Mrs. Papke then asked what the projected deficit would be for next year?

Supervisor Rost responded that the Town had received $750,000 from Related last year and that they would not be receiving that this year.  He added that he was just starting the budget process and that he had spent the last year and a half digging the Town out of a hole.  Mrs. Papke conceded this.  The Supervisor said this was why he was starting the budget process early.

Resolutions:
The following resolutions were acted on:

  • a Resolution to authorize posting of open Architectural Review Board position to replace Robert Currie who has resigned
  • a Resolution to approve establishment of part-time police position was tabled due to lack of votes
  • a Resolution to approved towing license for Apple Automotive, Inc. was passed unanimously.

Other Business:
A Resolution to establish the Summer Town Board meeting schedule was passed.  The meeting dates are as follows:
         July 13 – Voucher meeting

         July 27 – Regular meeting

         August 10 – Voucher meeting

         August 24 – Regular meeting

Public  Comments:
Claudia Baktiary wondered if there was any way to fund raise for the Police Department? 

Chief Welsh thanked her for the thought but said it was not acceptable for the police to accept money from Town residents.  However, he added something might be arranged through the PBA.  Ms. Baktiary asked if there was a wish list?

Michele Lindsay pointed out that Town Attorney Nichol is also the lawyer for Kiryas Joel  and wondered how this would impact any open discussion of the issues of the proposed annexation in Monroe?

Councilman Loncar responded that he didn’t see the situation as an issue at all.

Attorney Nichol said that if he couldn’t represent the Town to the fullest he would have to recuse himself.  So far, there hasn’t been an issue that was impacted. 

Councilman McMillen stated that a few meetings ago, the Town had listened to someone representing the Pilgrim Pipeline present their case to the Town.  Since then he has received email from people who are opposed to the Pipeline.  He has been approached by Kate Hutson who represents Riverkeepers.  She would like to make a presentation to the Town.  He asked if that was something that could be done.  He was told yes, the Board feels the better educated they are, the better.

Vouchers were signed and the meeting was adjourned. 

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Agenda for Town Board Meeting June 22, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Authorize Posting of Open Architectural Review Board Position

2. Resolution to Approve Establishment of Part-Time Police Position

3. Resolution to Approve Special Sign Permit for Community Bulletin Board in Laurel Ridge

4. Resolution to Approve Towing License for Apple Automotive, Inc.

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjourmnent

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Agenda for Special Town Board Meeting June 11, 2015

Call to Order
Pledge of Allegiance

Agenda Items:

1. Resolution to Approve Establishment of Part-Time Police Position

2. Any other business as may come before the Board after this Agenda is posted

Adjournment

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Town Board Meeting June 8, 2015

The Town Board met on Monday, June 8, 2015 qt 7 pm.  Councilman Phelps was absent.

Town Supervisor/Town Board Update:

The Supervisor reported having spent time working on Perfect Cut.  He added that the Board would be going into Executive Session to receive legal counsel on this subject at the conclusion of the meeting.  A court date has still not been scheduled. 

Mike Marusich from the Highway Department will be meeting with the representative from On Force Solar on Tuesday, June 9 and taking him around to look at possible sites to install solar panels in town. 

The Board has also been  involved in labor negotiations with the Highway and Police departments, both of which are progressing. 

Supervisor Rost thanked the boy scouts who spent time the past weekend cleaning up Tichy Field.

Coming up this weekend is the Placemaking Tour of Tuxedo.  Detailed information can be found on the Town website.  This tour is being sponsored by the Orange County Citizens Foundation along with the Orange County Partnership and the Sterling Forest Partnership.  The tour will take place from 9-11:30 am.  Interested participants should be at the Train Station by 9 am. 

The Supervisor then asked Town Attorney Don Nichol to explain the first two items on the agenda.  Mr. Nichol responded that these were follow ups to the MOU (Memo of Understanding) that the Town has entered into relating to the wastewater treatment plant for Tuxedo Farms.  The first agreement spells out the legalities of the sewer services which are to be provided to the new district for Tuxedo Farms.  The second agreement relates to the funding of the sewer improvements and how that will be handled.  Essentially, there is a fail safe provision where, in the unanticipated event that something goes wrong, the costs will go back to the Related Companies. 

Resolutions:
The following resolutions were acted upon:

  • a Resolution to approve execution of Sewer Services Agreement dated as of June 1, 2015 by and among the Town of Tuxedo on its behalf and that of the Hamlet of Tuxedo Sewer District and the Tuxedo Farms Sewer District; the Tuxedo Farms Local Development Corporation; Tuxedo Reserve Owner, LLC; and the Tuxedo Sewage Works Corp. – passed unanimously.
  • a Resolution to consent to Sewer Construction and Funding Agreement by and among Tuxedo Farms Local Development Corporation, Tuxedo Reserve Owner, LL and Tuxedo Sewage-Works Corp. – passed unanimously
  • a Resolution to approve the towing license for Apple Auto Body – this was tabled pending further investigation.
  • a Resolution to authorize Agreement for Police Coverage for Renaissance Faire 2015 – passed unanimously however Councilmen McMillen and Loncar will pursue a meeting with the head of the Ren Faire to try to find a way to produce more positive revenue for the Town. 
  • a Resolution to grant special Sign Permit to Renaissance Faire for directional signs – passed unanimously however Councilman McMillen will have further discussions with the Ren Faire about providing an electronic sign for traffic control.  Dale Mottola suggested that the Town ask the Ren Faire to purchase the electronic signs for the Town (we currently borrow them the County and they aren’t always available).

 

Public Comments:
Dale Mottola, Chair of the Town Architectural Review Board, announced that member Bob Currie has resigned thus creating a vacancy on that Board.

Karen Dougher stated that she has been in communication with the Coalition Against the Pilgrim Pipeline (CAP) and that they are willing to come in and address the Board.
She was told that she should wait on the proposition since the Board doesn’t have any hard information about the Pipeline including where they are proposing to locate it.  Supervisor Rost further commented that when the time is right, the Board will be happy to have CAP come in and address them. 

Iris Marie Bloom, representing CAP, stated that the Town of Newburgh has passed a resolution noting their opposition to the Pipeline becoming the 15th Town in New York State to do so.  She, too, was told that the Board was not at the point where they wanted to consider such a resolution because they simply don’t have enough information.  She offered to forward to the Board a statement on pipeline safety written by a former Tuxedo resident.  The Board thanked her for her offer and said they would be happy to look at the statement. 

Vouchers were signed and the Board adjourned into Executive Session to receive advice from Counsel.

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Agenda for Town Board Meeting June 8, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1.  Resolution to Approve Towing License
2.  Resolution to Authorize Agreement for Police Coverage for Renaissance Faire® 2015
3.  Resolution to Grant Special Sign Permit to Renaissance Faire® for Directional Signs
4.  Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Agenda for Special Town Board Meeting June 1, 2015

Call to Order
Pledge of Allegiance

Agenda Items:

1. Resolution to Recess into Executive Session for the Purposes of Discussing Upcoming Collective Bargaining Agreement Negotiations and Receiving Advice from Counsel Regarding Tuxedo Farms Northern Tract

2. Any other business as may come before the Board after this Agenda is posted

Adjournment

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Town Board Meeting May 26, 2015

The Town Board met on Tuesday, May 26, 2015 at 7 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost began by commenting that the previous day’s Memorial Day celebration had been a great one. 

He went on to say that the Tuxedo Farms LDC has been meeting regularly and has reached a preliminary approval to move forward on the bonds.  As long as the attorneys can agree on the language, Related may break ground on the sewage plant during the first week of July!

The Supervisor also stated that Perfect Cut is still waiting for their next court date.

Councilman McMillan gave the following explanation for Agenda item #1, a resolution to ban 53 ft. trucks from Route 17.

Assemblyman James Skoufis (99th Assembly District) came to the Town asking for their support in banning these trucks from Route 17 from Exit 15A to Newburgh.  These trucks are getting off the Thruway and using Route 17 as a way to avoid the toll.  There is a safety issue for the Town, as well as a noise issue. Also, the fact that the road wasn’t designed to hold up to the weight of these vehicles means that they contribute seriously to the potholes on the road.   Trucks that are 48 feet and below, which are the local delivery vehicles, will not be affected.  The 53 -oot trucks basically go from terminal to terminal so there is no good reason for them to be on Route 17.

Police Chief Welsh gave an explanation for Agenda Item # 2 (which was not voted on because it needs to be rewritten) When it is finalized, the resolution will prohibit all parking on Route 17A due to the Renaissance Faire or other large events such as the Spartan Race.  Instead of parking on the roadway, the Ren. Faire people will rent alternative parking lots (such as the Red Apple Rest) and school buses will then ferry people from these lots via Bramertown Road directly to the Ren Faire property (thus arriving on the proper side of the road to  avoid the need for people to cross the road).  This will be voted on at the next Town Board meeting.  

Public Comments on Agenda Items:
Andy Berish wondered what the proposed parking ban would do with the Coach buses which are now stopping to take on passengers on the ramp from 17 to 17A (and thus creating a traffic jam). 

Councilman McMillan responded that he had discovered that the place where the bus is stopping is owned by PIPC so he is trying to arrange a conversation with them in order to work on ameliorating this problem.

Nate Wolinsky wondered if there was any way the Town could host some of the overflow parking from the Renaissance Faire and other events on Quarry Field and thus have a way to make some money. 
Supervisor Rost and Councilman McMillan responded that they were looking into that.

Mr. Wolinsky also asked for an explanation of Item #3—Ski Side Villas.

He was told that this is the 5-house subdivision on Katrina Court.  When it was built, the developer didn’t do a very good job on the road and the Town and Developer have been feuding for a while about who should pay for bringing the road up to the standards demanded by the Town before they would accept the road.

Dale Mottola stated that although she is a customer of the Village of Tuxedo Park’s water company, she did not get a notice of a public hearing for a rate increase. 

No one else in the room knew anything about a hearing either.  It was decided that Supervisor Rost would contact Tuxedo Park Mayor Neuhauser and ask about a public hearing as many people present had questions about the increase.

Resolutions, etc.:
The following were passed unanimously:

  • a Resolution to request De-Designation of Route 17 as an Access Route for Tractor-Trailers between mile markers 17/8310//1284 and 17/8310/132 Southbound – Northbound mile markers will be added to the resolution.
  • a Resolution to finalize outstanding issues regarding Ski Side Villas subdivision --  Developer Torso will pay the Town $25,000.
  • a Notification of water rate increase by Village of Tuxedo Park effective June 1, 2015.

Other Business:

An amendment to the Memorandum of Understanding for the construction and operation of a new wastewater collection system and sewage treatment plant for Tuxedo Farms was discussed and passed unanimously.  Town Attorney explained that this amendment did the following things:

  • Formally makes mention of the new Special Permit issued to Related
  • Includes a listing of the plans for the wastewater collection system and sewage treatment plant
  • Waives the requirement for sprinklers – since there are no residents in the building
  • Sets a payment schedule

Public Comments:
Dale Mottola commented that the last time she had been down to the site for the new sewage plant, she noticed what looked like an awful lot of new dirt on Town property.  She wondered if any arrangements had been made to move it?

Supervisor Rost replied that he had recently received an email from Orange and Rockland Utilities stating that they have a problem with the height of the dirt so this problem is definitely about to be addressed.

Town Attorney Nichol commented that any dirt on the property where the plant will be built must be moved.   Tuxedo Farms has taken the responsibility to get it moved.  One of the attorneys for Tuxedo Farms added that they were not moving the dirt but had made an arrangement with the excavator (DeMarino) to get it moved. 

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Agenda For Town Board Meeting May 26, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update
Public Comments on Agenda Items

Agenda Items:
1.  Resolution to Request De-Designation of Route 17 as an Access Route for Tractor Trailers Between Mile Markers 17/8310/1284 and 17/8310/1312 Southbound
2.  Resolution to Request Parking Prohibition on South Ramp from Route 17A to Southbound Route 17
3.  Resolution to Finalize Outstanding Issues Regarding Ski Side Villas Subdivision
4.  Notification of Water Rate Increase by Village of Tuxedo Park Effective June 1, 2015
5.  Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting May 11 2015

The Town Board met on Monday, May 11, 2015 at 7 pm.  All members were present.

Public hearings regarding the Establishment of the Tuxedo Farms Drainage District and Lighting District:
There were no comments from the public on either of the proposed districts.
                                                                                  
Town Supervisor/Town Board Update:
Supervisor Rost announced that the Town had been in court in Goshen on May 6 regarding the Perfect Cut eviction.  The Judge heard arguments but did not make any ruling so this will be followed up with another court date. 

Public Comments on Agenda Items:
Sue Scher asked the Supervisor if he would give more details about what had happened in court with Perfect Cut. 

The Supervisor asked Town Attorney Howard Protter to answer.  Mr. Protter, who had not been in court himself but who had been briefed by Attorney Don Nichol, said that Perfect Cut was contesting the fact that the Town says Perfect Cut is in breach of contract.  They are contesting the fact that the agreement was not renewed and that they are now a “holdover.”  They allege that they had oral discussions with “various people around Town” which supports their contention and explains their behavior.  The Judge declined to rule on any motions and said he needed time to research it and would make a ruling shortly. 

Presentation by Mr. John Casellini, President of Ways & Means NY, regarding Pilgrim Pipeline:
Mr. Casellini began his presentation by stating that the Northeast uses 2% of the world’s oil.  Because they are a demand driven market, there are approximately 3 billion gallons of “finished product” moving from NJ up to Albany.  Right now, it is being moved by barge.  That alone was enough to get people thinking about a cheaper, safer way to move the product.  Then crude oil is travelling the reverse course coming south to NJ to be refined.  This is coming both by rail and by barge.  Thus, ), the Pilgrim Pipeline people thought it was time to provide a new way for it to travel and are proposing to put in two pipelines.  A formal submission for the Pipeline has not yet occurred  When it does happen, it will be an environmental filing that will go first to the Thruway Authority and then to all the Towns and Villages (including Tuxedo) that exist along the right of way. 

While there are not as yet any definitive plans, the basic idea is to move the product in a safer, more effective manor than what is currently being utilized.  The pipeline would make things both safer and more effective by removing the volatility from the product while it is being moved.  The pipelines being used today are all built post 1990 and are completely safe.  There are no instances of pipeline failure in the post 1990 pipelines. 

Mr Casellini also apologized for any pipeline representatives who had approached residents in the past about using their property, in some cases trespassing on said property.  He said all those workers had been fired and representatives have not been back out in the field since. 

Mr. Casellini then presented a map of the proposed path for the the Pipeline. Click here to view a copy of the map.  For the most part, the path follows the Thruway’s right of way and lies between the Thruway and Route 17.  Click here to see a copy of Mr. Casellini’s presentation.

The floor was then opened up to questions.

Supervisor Rost commented that he thought some of the concerns of residents had been addressed—chiefly those about the safety of the pipeline itself—but he wondered if the pipeline would be above or below ground.  Mr. Casellini responded that it would be at least   5 ½ feet below ground in a 3 foot wide trench and would always be below the frost line.  Near any waterways, it would  always go underneath those in the bedrock.  The pipeline is segmented with a shut off valve every 10 miles. 
Councilman McMillen wondered why they were following the Thruway rather than the rail line.

Mr. Casellini replied that the rail line was not likely to want a competing form of transport using their right of way.  Once the project is completed, there will be 3 possible modes of transportation:  rail, barge and pipeline with the pipeline being by far the cheapest and safest option. 

Iris Marie Bloom, representing the Coalition Against Pilgrim Pipeline, inquired as to the track record of the executives of Pilgrim Pipeline.  She said she had heard they had several people from Koch Industries which has the worst track record of all pipeline companies, with over 300 spills that they are responsible for.  She wondered how the people who would be directly impacted by the Pipeline could gauge the track record?  She also wanted to know what company would actually build the Pipeline.  She has heard that it might be Enbridge, the company responsible for the Kalamazoo disaster.

Mr. Casellini replied that neither the Koch Brothers, Koch Industries or Enbridge have anything to do with the Pipeline. 

Geoff Welsh of the Ramapo River Watershed said that the Ramapo is a sole source aquifer and as such is especially environmentally sensitive. He mentioned that there is considerable opposition to the project in New Jersey as well.

Mr. Casellini responded that they have no interest in trying to jeopardize any environmentally sensitive areas. 

Jim Hays wondered if the pipeline would be buried in bedrock throughout Tuxedo? 

He was told yes, it would be.  

Ken English asked if any of the land on the proposed route for the pipeline was owned by the Town of Tuxedo?
Supervisor Rost replied that to be honest, he didn’t know as this was the first time he had seen the map. 

Mr. Casellini added that this was the first proposed route and as the process continues, he was sure there would be objections which would need to be worked out. 

Michele Lindsay inquired as to how they planned to deal with private property?

Mr. Casellini responded that they would meet with any and all owners of private property to request permission to travel through the property and then negotiate with the property owners.  He further stated that they have no eminent domain powers. 

Kristy Apostolides stated that she had looked at plans for the pipeline last year and found that what was being presented was
substantially different so she wondered what had happened in the meantime. 

Mr. Casellini said there had been some changes made with the Thruway.   Specifically, there have been changes made in the makeup of the Board of the Pilgrim Pipeline with many personnel changes having been made.

Ms. Apostolides said she had heard of a lot of opposition to the pipeline and wondered how the company could move forward in the face of that opposition.

Mr. Casellini replied that there were 15 Towns which had passed resolutions against the Pipeline, but those resolutions are not binding and the project is proposing to be constructed in the Thruway right of way through many of them. 

Finally, Ms. Apostolides wondered what benefit the pipeline would offer the affected Towns considering the amount of inconvenience in as far as the amount of blasting that would be required.Mr. Casellini said that this was a very good question and it is one they’ve encountered in every Town they’ve visited so far.  He said there would be local benefit funds established to assist the Towns financially and they would work with local responders to make sure that they are capable of dealing with whatever might be required of them.  

Dan Castricone stated the rail cars carrying the fuel were basically moving bombs and he feels a safer way to transport it has to be found.  That being said, he’s not sure that moving it through Tuxedo is his preferred solution.  He also mentioned that putting anything under the Ramapo River seems like a very bad idea to him.  He then asked who Mr. Casellini thought the Lead Agency would be in the Environmental Review. 

The answer was most probably the Thruway Authority would be the Lead Agency as they have the most involvement but that the State DEC will also be involved. 

Sue Scher wanted to know about the pump stations.  Where would they be located?

She was told pump stations would be located at Albany, Kingston, Newburgh and in Northern New Jersey.   All would be staffed.  
Supervisor Rost thanked Mr. Casellini for his time and they both agreed that there would be further presentations as the project moves along and more information becomes available.

Presentation by Mr. Daniel Castricone Regarding Kiryas Joel Annexation:
Mr. Castricone began by explaining that in the Village of Kiryas Joel, there is a Power Elite that makes decisions.  The Grand Rabbe tells people what’s going on and people go along with it.  Likewise, they are told who to vote for.  The Town Board in the Town of Monroe was almost entirely elected by this bloc vote. (There is one Councilman, backed by United Monroe, who was not elected this way.  He got in because he was supported by a smaller group within the Village of KJ known as the Alliance).   The Village of KJ has petitioned to annex 507 acres of land from the Town of Monroe into KJ.  The land in question currently has 1 acre zoning but should it be annexed into KJ, it would immediately be rezoned for high density housing.  Because the Village of KJ doesn’t have enough water to support their population, they have borrowed around $40M from the NYS Facilities Corp. to finance a pipeline which will allow them to tap into the NYC water being moved from reservoirs to the City.  They don’t have the money to pay for this loan.  The paperwork submitted to the State of New York says that they propose to pay for the loan by charging $25,000 per hookup for each new residence that gets built inside the land which they are proposing to annex.  They expect to bring in 8,500 new units of housing.  This adds up to about $200 million of revenue. Annexation law makes it illegal for the purpose of annexation (to be to) ? change the zoning on property.  Yet, there are papers filed with the State saying that this is what they are going to do.  The hookups and the money they bring in will make the Village of KJ very rich.  The developers brought in to build the high density housing will also get very rich.  And, the Ramapo River will be killed as there is no plan about what to do with the effluent from the proposed high density housing!  The Village of Kiryas Joel will probably go from 20,000 people to 100,000 people in 10 years as a result of this.  Already with their bloc vote of around 7000, these people have a huge influence in every elected county wide office.  If the annexation goes through and their population swells to 100,000, we will no longer have a say in who our County Executive, District Attorney or Congressman are.  

Ultimately, the State DEC assigned Lead Agency status on the annexation request to the Village of Kiryas Joel.  They have submitted their first DEIS.  It ignores the fact that the zoning will be changed.  Basically, the report claims that all the annexation is doing is changing ownership and there will be no environmental impact from that.  It’s as if the document, filed with the state, about repaying their loan by charging $25,000 each to 8,500 new water hookups, doesn’t exist.  The DEIS also says that whether or not the annexation goes through, the Village of KJ will grow by 20,000 people in the next 10 years. 

Jim Hays asked if the State had accepted the $25,000 per future water hookup as collateral for their loan.  The answer was yes.

Nate Wolinsky asked Mr. Castricone to explain the difference between the main KJ group and the KJ Alliance. 

Mr. Castricone responded that this went back to two brothers who were Rabbis.  The larger group is pretty much in control over the smaller KJ Alliance.  The people in the Alliance are not treated well.
They split off from the main group and voted to back the United Monroe candidate in the last Town election and thus that candidate won.   Mr. Castricone feels that may be enough to make the main group want to make peace with the Alliance and thus reel them back in so they can continue to influence elections. 

Pat Welsh who said he was speaking as a resident and not as Police Chief, noted that the estimated 100,000 population was important because it meant that they could apply for city status.  Once they have that, they will be able to compete for and win many more grants which will leave just that many less available for everyone else.

Sue Papke asked what is the solution?

Mr. Castricone replied that the people need to unite and show that there is another block vote, as big as or bigger than the KJ block.  He maintains that there is such a block which is comprised of “all the rest of us” but people need to learn to put petty differences aside and band together. 

Mike Santoianni pointed out that if the annexation goes through it will have huge impact on the Monroe Woodbury School District to which one third of our Town belongs. It will also impact us because we are downstream on the Ramapo River.  He feels that these two issues together give us standing in the issue of annexation.

Mr. Castricone agreed that the Town has standing.  Supervisor Rost commented that the Town has already filed to be an interested party in the annexation proceeding. 

Resolutions:
The following resolutions were passed:

  • a Resolution to establish Tuxedo Farms Drainage District
  • a Resolution to establish Tuxedo Farms Lighting District
  • a Resolution to authorize purchase of two 2015  Ford Sedan Police Interceptor vehicles
  • a Resolution to authorize agreement for police coverage at Spartan Race Event at Tuxedo Ridge Ski Center – May 30, May 31, June 6 and June 7, 2015.  The Town will be fully reimbursed for this. 

Public Comments:
Kristy Apostolides proposed that the Town should charge a tax on tickets for events such as the Spartan Race in order to raise revenue for the Town.   She was told that it would be illegal for the Town to do this.  Town Attorney Howard Protter said he had not researched it personally but he was not aware of any authority that would allow the Town to do that.

Janet Galuska said she was a frequent user of the Powerhouse Park and she loves it but she has a few suggestions for its improvement.   Some of those she suggested are erecting a sign as you first arrive giving Park hours and also banning smoking at the children’s playground and dog park.  She would also like to see more trash cans.  Another suggestion is to neaten up the pile of baseball sand and put new tarps on it.  She also suggested several other clean up ideas for the whole area, including the commuter parking lot.  There followed some discussion on getting volunteers to do some of the work including the possibility of scouting groups.

Rich Rigoli stated that the chain link fence along the Thruway in the East Village is all rusty and needs to be replaced.  He claimed that  the Thruway promised to do it and hasn’t.   The Supervisor said he would look into it. 
Sue Scher wondered if the Town would schedule time for people who are opposed to the Pilgrim Pipeline to come in and express their concerns?  She was told that the route for the Pipeline hasn’t been determined as yet but once it is, it is a possibility that those opposed might be invited to come and speak. 

Michele Lindsay wondered if the $200,000 study being done by the County about the KJ annexation was just someone “going through the motions.”  Dan Castricone responded to this and stated that he thought the study was legitimate and would be useful.

Vouchers were then signed and the meeting was adjourned.

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Agenda for Town Board Meeting May 11, 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARINGS Regarding the Establishment of the Tuxedo Fanus Drainage District and Lighting District

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

I. Presentation by Mr. John Casellini, President of Ways & Means NY, Regarding Pilgrim Pipeline

2. Presentation by Mr. Daniel Castricone Regarding Kiryas Joel Annexation

3. Resolution to Establish Tuxedo Farms Drainage District

4. Resolution to Establish Tuxedo Farms Lighting District

5. Resolution to Authorize Purchase of Two 2015 Ford Sedan Police Interceptor Vehicles

6. Resolution to Authorize Agreement for Police Coverage at SpartanRaceTM Event at Tuxedo Ridge Ski Center- May 30, May 31, June 6 and June 7, 2015

7. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Agenda for Special Town Board Meeting May 7, 2015

Call to Order
Pledge of Allegiance

Agenda Items:

1. Resolution to Recess into Executive Session for the Purpose of Conducting Collective Bargaining Agreement Negotiations for Police Department and Highway Department

2. Any other business as may come before the Board after this Agenda is posted

Adjournment

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Town Board Meeting April 27, 2015

The Town Board met on Monday, April 27, 2015 at 7:00 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost opened his remarks by stating that the School and The Related Companies were still working on their agreement.  It is his understanding that they have a signed “term sheet,” but do not yet have a signed agreement and that they were meeting the following day to work out the details.  He then stated that this was all the information that he had on the school. 

Supevisor’s Clerk, Shari Brooks, followed up with the Pilgrim Pipeline representatives and they told her that so far they hadn’t done anything.  Supervisor Rost has invited the representatives to come to the next meeting (May 11) so if anyone has questions for them, they should come to that meeting prepared to ask them.

Perfect  Cut has brought a proceeding to enjoin the Town from proceeding in the Justice Court and, as a result, the matter which was previously on the schedule for May 5 has been now moved to Orange County Court on May 6. 

Traffic Safety Check point – the property on Route 17 where the Town has been running safety checks, has been leased by PIPC to the Jehovahs Witnesses.  Consequently, the Town is now looking for a new place to set up their operation.  They will be able to continue at the present location until October.  They are also looking to set up some safety checks on Long Meadow Road. 

Police vehicles are aging and the Town has been spending a lot of money on repairs.  Lt. Norton addressed the Board on the department’s recommendations saying that the fleet was down from 9 working vehicles to 5. He noted that most  police departments get of their police cars at 100,000 miles.  The Department is asking to purchase 2 new vehicles at $37,600 each.  This price is not just for the cars but also for fully equipping them.  Payments would be split into 3 annual installments in a “lease to buy” arrangement.

Supervisor Rost stated that the Board was going to table Agenda Item #4 (Resolution to grant a Special Sign Permit to a resident to place a sign at Woodlands entrance to publicize per-pupil costs contained in proposed School budget) because they didn’t have enough information to vote on it. 

From the audience, George Mollo spoke and said that there was precedence for this action as it had happened in 2006 and Mr. Chivu (the individual who is currently seeking the permit) had been given permission at that time.  There was a discussion as to whether the property proposed for the sign was private property and or whether it was in Tuxedo, Warwick or the Orange County right of way between them.  Mr. Mollo kept trying to make the point that the information they were proposing to put on the sign was important, but the Board told him over and over that they had no jurisdiction over the School and its policies and thus what was on the sign was not important to them.  The only decision within their purview was whether or not any kind of sign could be erected in the proposed location.  Attorney Howard Protter stated that residents had a First Amendment right to state their opinion and probably didn’t need a sign permit (as long as it was on Town property).  Mr. Mollo and Mr. Chivu then stated that IF they got the answers they wanted from the Board of Education on May 5, they would not even want to put up a sign.  They just wanted to be able to use the sign should the Board of Education not satisfy their request for information.  Both Councilman McMillan and Councilman Phelps expressed their concern that this might be setting a precedent where by anyone in Town with an opinion about the school or any other controversy might start erecting signs and in their opinion, that would not be a good thing for the Town.  From the audience, Bonny Takeuchi concurred saying she thought a plethora of signs would look “tacky.” 

Supervisor Rost then called on Town Attorney Howard Protter to explain the resolutions about the drainage and lighting districts in Tuxedo Farms.  Mr. Protter stated that Tuxedo Farms would be building several drainage facilities and that this is a mechanism to make sure that when repairs and maintenance are necessary, those costs are borne by the residents of the development only and not the Town at large.  Similarly, the development will be installing street lights and lights in parking areas, etc. and the lighting district will ensure that the costs associated with those lights are borne by Tuxedo Farms residents only. 

Resolutions:
The following resolutions were passed:

  • a Resolution to adopt order scheduling a Public Hearing to consider establishment of Tuxedo Farms Drainage District.  This was set for May 11th.
  • a Resolution to adopt order scheduling a Public Hearing to consider establishment of Tuxed Farms Lighting District.  This was also set for May 11th. 
  • a Resolution to approve form of petition of Proposition to raise Library Taxes.  (the same as in previous years). 

Public Comments:

Sue Papke stated that she had questions for Councilmen Phelps and Loncar.  The first question was “why did you not know that the Town had a $1.7 million deficit?” 

Councilman Phelps replied that if Mrs. Papke would read the Auditor’s Report, he felt that was clearly stated. 

Mrs. Papke replied that that “wasn’t good enough, “ to which both Councilmen Phelps and Loncar responded that it “was the answer.” 

Mrs. Papke then wanted to know why both Councilmen had supported bringing the Jehovah’s Witnesses into Town. 

The response was that they didn’t have any choice.  Most of the the Jehovah’s Project is in the Town of Warwick over which they have no jurisdiction.  The property purchased in the Town of Tuxedo (International Paper) was not owned by the Town and they did not have any say in who it was sold to. 

Vouchers were then signed and the meeting was adjourned.

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Agenda For Town Board Meeting April 27 2015 7:00pm

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Resolution to Adopt Order Scheduling Public Hearing to Consider Establishment of Tuxedo Farms Drainage District

2. Resolution to Adopt Order Scheduling Public Hearing to Consider Establishment of Tuxedo Farms Lighting District

3. Resolution to Approve Form of Petition of Proposition to Raise Library Taxes

4. Resolution to Grant Special Sign Permit to Resident to Place Sign at Woodlands Entrance to Publicize Per-Pupil Costs Contained in Proposed School Budget

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting April 20, 2015

The Town Board held a continuation of the Public Hearing on the Tuxedo Farms Special Permit Amendments, together with a Special Meeting on Monday, April 20, 2015 at 7:00 pm.  All members were present.

Supervisor Rost opened the meeting by recounting the tragic fire, which occurred on Saturday night and resulted in the loss of two houses on the Circle.  He thanked the volunteer Firemen for their effort and listed the various ways people can donate to help the families who have been left homeless.

PUBLIC HEARING CONTINUATION Regarding Tuxedo Farms Amendment to Special Permit:
The Supervisor asked for comments from people who had not already commented on this or had something new to say. 

John Kwasnicki of Sloatsburg stated that residents of Sloatsburg were not even aware that a public hearing on this project had been going on.  Since part of the project lies in Sloatsburg and will affect these residents, he feels they should be allowed to comment. 

Dena Steele said she was not there to delay or stop the Tuxedo Farms project.   Rather, she was there to implore the Supervisor and Board members to be sure they have the facts regarding the future ownership and use of the Northern Tract.  In particular she said she was concerned about the Town’s relationship with PIPC who she identified as the largest single taxpayer in Town (over a million dollars to the Town, School, Fire, Refuse district last year).  She added she was aware of past unhappiness by Town officials with PIPC due to perceived lack of cooperation and support with the mulch pile as well as the blocking of the Thruway exit during the casino process.  Despite this, she wonders how the Town can make a decision about the future of the Northern Tract without talking to PIPC directly.  She feels they should figure out what the determined assessed value of the property would be if PIPC held it, what taxes they would pay and what plans they might have for the property.  If the Town doesn’t talk to PIPC, she feels it could be viewed as arbitrary and capricious action, which could leave money on the table as well as leave the Town open for a future lawsuit.  She urged the Supervisor and Board to meet with Executive Director Jim Hall and get the facts before making their decision.

Michele Lindsay said she had done research on the Orange County government website and was able to find the taxes levied on the 6 parcels which make up the Northern Tract for 2014.  That amount was close to $45,000.  School taxes for the same property were $89,000.  She also looked at the taxes that PIPC had paid to the Town (over $1million) and figured that proportionally they pay the same amount as Related has been.   She feels this is a large amount of money to ignore and asks the Board to take it into consideration when making their decision. 

Jim Hays observed that when the Tuxedo Farms (aka Tuxedo Reserve) project was started development rights from the Northern and Fox Hill tracts were transferred to the Southern tract in order to cluster all of the building in one area.  In fact, he said he had seen conservation easements, which had been written for the Northern and Fox Hill tracts although they had not actually been put in place.  Those agreements are very strict.  He further stated that he had never heard the Board say what they wanted to do with the Northern Tract if they were to take ownership of it but he wonders if they realize what they could do with the property?  It is his opinion that what can be done with this acreage is probably very limited.  He wonders if whatever the Town has planned for this property is worth giving up the taxes and paying the liability insurance costs of maintaining the property.  He believes that unless the Town has something of real importance that they want to do with the property, which is something that they could do, then it probably isn’t worth giving up the money it would generate in taxes.  Additionally, he said he knew the Board had some concerns about PIPC but he feels they should bury their feelings as they are responsible for the Town and all the taxpayers in it.  He feels it is wrong to hold grudges.  Also, he noted there have been “a lot of numbers thrown out which turn out to be wrong.” He feels the Board tends to believe what they are told and he urged them to instead do their own homework. 

Larry Darby stated that he had read the conservation easements and felt it would be a good idea to add a clause, which said that “no future building on the Northern Tract” did not include any future improvements for recreational purposes. 

After Mr. Darby’s remarks, the Public Hearing was declared closed. 

Town Attorney Larry Wolinsky explained that the application had gone back to the Planning Board to make sure that everything in the amendments had been looked at by that Board. He then reviewed the memo that was subsequently received by the Town from the Planning Board.  To read a copy of the memo, click here,

On the subject of the Northern Tract, Mr. Wolinsky said that he didn’t understand how this had come to be an economic issue.  When the permit was originally drawn up, everyone who was involved in it understood that this property would be coming off the tax rolls. He further added that the monetary issue may become relevant further down the line when the Town is voting whether to take on the property or not, but for the vote on the permit all they are doing is making it possible for the Town to acquire the property, they are not actually voting to do so at this time. 

Mr. Wolinsky then stated that he had sent the Board for their review the following documents:  a Negative Declaration document (click here to read), a Notification of Non Significance (click here to read), the 2013 Amended Findings Statement (click here to read), the 2015 Special Permit ) click here to read), and the actual resolution that they voted on (click here to read).

Resolution:

The following resolution was adopted unanimously:

  • a Resolution to approve amendment to Special Use Permit and Preliminary Plan of “Tuxedo Farms” formerly known as “Tuxedo Reserve.”

Supervisor Rost then stated for the record that there seemed to be a perception that there is ill will between the Town and PIPC.  He does not see any sign of this from any of the Board members and does not feel this way himself.  As far as the tax numbers being incorrect, he took responsibility for this saying he had asked for the numbers and been given the wrong ones.  He further stated that before any action is taken on that property, the fact that there was a mistake would have been identified.  He said the Board was working with the Town Planner and each other to try to get as much information as they can In order to make the best decision. 

Other Business:

A Resolution was passed granting a special sign permit for a Chamber Event to be held jointly with MyHarriman.com on May 9th at the Tuxedo Train Station.

Vouchers were then signed and the meeting was adjourned. 

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Agenda for Special Town Board Meeting and Public Hearing Continuation April 20, 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARING CONTINUATION Regarding Tuxedo Farms Amendment to Special Permit

Agenda Items:
1. Resolution to Approve Amendment to Special Use Permit and Preliminary Plan of "Tuxedo Farms," Formerly Known as "Tuxedo Reserve"

2. Any other business as may come before the Board after this Agenda is posted

Adjournment

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Clarification of Conservation Easement Requirement Northern Tract – Tuxedo Farms Development

NOTICE
Clarification of Conservation Easement Requirement
Northern Tract – Tuxedo Farms Development

          The proposed Amendment to the 2010 Special Permit for Tuxedo Farms, formerly known as Tuxedo Reserve, would clarify that the Town of Tuxedo is a permissible recipient (donee) of the Northern Tract.  The Applicant has taken the position that this was permitted by the 2010 Special Permit.  The proposed Amendment clarifies that this is the case.

          The proposed Amendment retains the requirement that any such donation must be subject to a Conservation Easement acceptable to the Town.  This requirement would not affect a donation to the Palisades Interstate Park Commission.  Thus, a donation of the Northern Tract to the Town would be subject to a Conservation Easement.

          The fiscal impact of this Amendment is neutral based on potential yearly property taxes:

                   Current Taxes:                                   $15,000
                   PIPC Taxes:                                       $  1,500
                   Conservation Organization (501c3): $    -0-

          Thus, the donation to the Town would have the same fiscal impact as a donation to a charitable conservation organization as currently authorized by the 2010 Special Permit.  The potential taxes from PIPC are minimal.

          The Special Permit requirement is set forth in Article XVIII, Open Space (Page 29) of the red-lined Special Permit posted on the Town Website.  This is the applicable regulatory section of the Special Permit.

          It was brought to the attention of the Town that a parallel provision of the findings in the adoption resolution (Page 11) contains language which is in error as it does not conform to the regulatory provision in Article XVIII of the Special Permit.  We regret this error.  The proposed Amendment of the Special Permit being considered by the Town Board would retain the requirement of a Conservation Easement for all recipients of the Northern Tract, except the Palisades Interstate Park Commission.

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Notice of Public Hearing Continuation to April 20, 2015

TOWN OF TUXEDO
NOTICE OF PUBLIC HEARING CONTINUATION
TUXEDO FARMS DEVELOPMENT (Formerly Tuxedo Reserve)
AMENDMENT OF SPECIAL PERMIT

PLEASE TAKE NOTICE that the Town Board of the Town of Tuxedo will continue the public hearing at 7:00 p.m. on Monday, April 20, 2015 at the Tuxedo Town Hall, One Temple Drive, Tuxedo, New York, on a proposed amendment of the Special Permit for the Planned Integrated Development now known as “Tuxedo Farms,” formerly “Tuxedo Reserve,” which Special Permit was initially granted by the Town Board on November 15, 2004 and amended through November 22, 2010.

The Owner has applied to the Town Board seeking amendment of the Special Permit, such amendment consisting of a number of technical revisions to conform to Planning Board and subsequent review of the application as listed below. [Note:  See additional items 11 and 12.]

  1.    Add two tax lots to the PID without any increase in dwelling units;
  2.    Relocate greeting center and meeting hall to a more interior location;
  3.    Relocate required maintenance facility, subject to final plans;
  4.    Relocate potential sewer main outside existing road alignment of Quail Road;
  5.    Construct stormwater infrastructure consistent with current NYSDEC standards;
  6.    Revise Commons area to permit relocation of types of dwellings, and associated revision to the Regulating Plan;
  7.    Revise preliminary plan map set, specifying required maps. The special use permit will include guidelines to be used by the Planning Board in determining what constitutes a map change subject to Town Board referral and approval, in compliance with the PID regulations under which the development is grandfathered;
  8.    Update preliminary plan to depict all three tracts;
  9.    Revise WWTP size to eliminate excessive capacity;
10.    Allow the ownership of the Northern Tract by the Town of Tuxedo;
11.    Confirm the Developer’s modified agreement with the Tuxedo UF School District;
12.    Allow flexibility in security for public improvements

A copy of the proposed Amended Special Permit with supporting documents and exhibits is posted online at www.tuxedogov.org and is on file in the office of the Town Clerk and available for inspection by interested persons from 9:00 a.m. until 3:00 p.m., Monday through Friday, at the Tuxedo Town Hall.

The Town Board will, at the above date, time and place, hear all persons interested in the subject matter hereof.  Persons may appear in person or by agent.  All written communications addressed to the Town Board must be received by the Town Board at or prior to the public hearing.

BY ORDER OF THE TOWN BOARD
TOWN OF TUXEDO
ELAINE M. LAURENT, TOWN CLERK
Dated:  April 15, 2015

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Town Board Meeting April 13, 2015

The Town Board met on Monday, April 13, 2015 at 7:00 pm.  All members were present.

The meeting began with a moment of silence for lifelong Town resident Anna Kovaly who died on Easter Sunday at the age of 101.

Public Hearing Continuation regarding Tuxedo Farms Amendments to Special Permit:

Supervisor Rost began by stating that if the Town does acquire the Northern Tract from Related, they have every intention of complying with the restrictions that have been placed on the property in the Special Permit. Acquiring the property would open up options for the Town’s other property on Warwick Brook Rd (Quarry Field).

Presently, the Town receives $15,000 in taxes on the property from Related.  If the property goes to PIPC, the Town would only receive $1500.

Additionally, the Supervisor stated that the Board would not be voting on the proposed amendments that night but would instead extend the Public Hearing until Monday, April 20 at 7 pm.

Town Attorney Don Nichols stated that there is a redlined copy of the Special Permit with the changes in red available for download on the Town website. 

Lori Smyla of Sloatsburg, referenced a letter from the Rockland County Drainage Agency which stated that Related does not currently have a stream control permit for their property in Sloatsburg.  This means that no construction should be allowed although Ms. Smyla says she has personally observed road construction happening on the site.  Additionally, Ms. Smyla stated that at the last meeting, Andrew Dance had indicated that Related had received a letter rescinding the letter that Ms. Smyla referenced.  However, she put in a FOIL request for any such letter and no one could find anything rescinding the order to cease all construction. 

Lili Neuhauser stated she was speaking for herself and not as Mayor of Tuxedo Park.  Referencing the Special Permit, she said it provided for 3 parcels of land to be gifted to the Village of Tuxedo Park each subject to a conservation easement, which requires them to remain open space. The conservation easement on two of the parcels, the Northern Tract buffer and the Fox Hill tract must be held by a land trust or other open space protection agency acceptable to the Town.  The 3rd parcel, the Southern Tract buffer, requires that the Town be granted the conservation easement and Mrs. Neuhauser requests that the permit be amended to say that the easement on this parcel should also be held by a land trust or open space protection agency acceptable to the Town.  She feels that all 3 parcels should be held by the same land trust or open space protection agency.  Secondly, Mrs Neuhauser noted that the Special Permit provides for the 702-acre Northern Tract to be gifted to the Town without a conservation easement.  She believes that this property should also have a conservation easement, which would prohibit its use for anything other than passive recreation. 

Town Attorney Nichol stated that the amendment requires a conservation easement to be placed on the property.

JoAnn Hanson stated that the conservation easement for the 702-acre Northern Tract has not been shared with the public.  She feels it is important to be able to see the language to make sure it complies with the scope and intent of the Special Permit and requests that it be made available before the public hearing is closed and the amendments voted on.

Michele Lindsay said she was speaking for the Sterling Forest Partnership and expressed their concern about the passage, which reads that “the requirement for a conservation easement shall not be applicable to any lands gifted to the Palisades Interstate Park Commission or to the Town of Tuxedo.”  Further as a Tuxedo taxpayer, Mrs. Lindsay said she was concerned that the Town was not in a position to monitor the 702 acres and ensure that it be conserved and protected.  She is also concerned about the cost of monitoring as well as the cost of not giving the land to PIPC which would pay taxes and maintain the property. 

Jim Hays asked for clarification as he thought Town Attorney Nichols had said that if the land were given to the Town, there would be a conservation easement on it, but now he hears that this isn’t required.

Attorney Nichols responded that this was news to him. The final version of the document that he has signed off on requires that there be a conservation easement.  He will check to make sure that the final draft properly reflects this. 

In view of what is happening with the School, Andy Berish inquired as to when the construction will start?  He feels the Town and the School need these units to be built so hopes the Town could stop holding up the permit process so that construction can begin.

Town Attorney Nichol stated that there were 3 items that had not been reviewed by the Planning Board but which were on the agenda for the following night.  Thus, the Board would not be voting on the amendments until the following week after the Planning Board had commented on the additional items.

Resolutions:
The following resolutions were approved:

  • a Resolution authorizing Memorandum of Understanding and DEC documents for Tuxedo Farms Wastewater Treatment Plant.  To read a copy of the Memorandum, click here.
  • a Resolution to grant special use and special sign permits for thee Memorial Day Community Piucnic at the Library on May 25, 2015 from 11:30 am to 5:00 pm
  • a Resolution consenting to sales of raffle tickets by Access: Supports for Living Foundation (formerly Occupations,  Inc.) in the Town of Tuxedo.  This permit is granted annually.
  • a Resolution granting special permit to TriState Motorcycle Club for Off-Road Race at Tuxedo Ridge on May 304, 2015 with the condition that if police were needed for traffic control, they would pay for it. 

Publlc Comments:

A gentleman from Southfields who owns the property across from the Police Station wanted to know when the proposed Zoning Amendments were going to be passed as he would like to turn the property into rental units.  This will be allowable under the new zoning. 

He was told that this would be happening very soon.  Supervisor Rost stated he would speak with Town Planner Bonnie Franson in the morning and then give  the gentleman a call.

Vouchers were tabled for the evening and the meeting was adjourned.

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Agenda for Town Board Meeting April 13, 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARING CONTINUATION Regarding Tuxedo Farms Amendment to Special Permit

Public Comments on Agenda Items

Agenda Items:

1. Resolution authorizing Memorandum of Understanding and DEC documents for Tuxedo Farms Wastewater Treatment Plant.

2. Resolution accepting minutes.

3. Acknowledgement receipt of Monthly Reports.

4. Town Supervisor/Town Board Update

5. Resolution to Grant Special Use and Special Sign Permits for the Memorial Day Community Picnic at the Library on May 25, 2014 from 11:30 a.m. to 5:00 p.m.

6. Resolution Consenting to Sales of Raffle Tickets by Access: Supports for Living Foundation in the Town of Tuxedo

7. Resolution Granting Special Permit to Tri-State Motorcycle Club for Off-Road Race at Tuxedo Ridge - May 3-4, 2014

8. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting March 23, 2015

The Town Board met on Monday, March 23, 2015 at 7:00 pm.  All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost announced that the Board would be having an Executive Session following the meeting to receive advice from legal counsel regarding Perfect Cut as well as to discuss filling the available Board seat.

The Supervisor has asked Tuxedo Farms to work with the Town’s consultants to put together a timeline of their future plans so that everyone will know what’s coming and when on the project.  When it’s done, it will be available on the Town website.

Bill Sweet is working on putting together financial reports for the first quarter.  When they’re done, the Board will be able to compare this year to last year and thus get a better picture of where the Town is. 

Supervisor Rost is going to start looking at the Pilgrim Pipeline on a bi-weekly basis.  There has been talk that these people have been around town, but when called, they say they haven’t done anything so he feels it’s time to start keeping tabs on them. 

Public Comments on Agenda Items:
Andy Berish asked if the proposed pipeline would be coming down Route 17. 

Supervisor Rost replied that it was hard to tell what the plans were which is why he is going to be looking at it on a regular, bi-weekly basis.

Kristy Apostoledes stated that the Pipeline was coming down the Thruway but then took detours occasionally as they ran into the river.  She feels they hadn’t finalized their route as yet.

Janet Galuska wondered if with the proposed Parking fee increase  everyone would have the same fee?  Do Tuxedo residents get a cheaper fee for parking there?

Town Clerk Elaine Laurent explained that Tuxedo residents are eligible to park in the Upper lot and that the increase is being proposed for the Lower lot.  The proposed increased is for 10%.  This will bring the fee closer to what is charged in Harriman.

Presentation by Neil Weiss of OnForce Solar, Inc. regarding Solar Energy Systems:
Mr. Weiss spoke about installing solar panels in Town in order to give the Town a cheaper energy bill as his company has done in Clarkstown.  To see some information on what OnForce Solar can offer, click here.

Resolutions:
The following resolutions were passed:

  • A Resolution to file Interested Agency Status in Petition for Annexation of Acreage from the Town of Monroe to the Village of Kiryas Joel – the Town will thus be provided with all information filed in regards to this action
  • A Resolution to Increase Parking Fees at Commuter Parking Lot on Powerhouse Lane – the Daily rate will increase to $3.00 per day (from $2.00) and permit parking will be increased 10% so that 3 months will be $71.36, 6 months will be $133.21 and 12 months will be $228.36. 
  • A Resolution to establish amount of payment in lieu of Health Insurance Coverage pursuant to Chapter 16 in Town Code – the amount will be $3000 per year which is what it is presently.
  • A Resolution to authorize Police Chief Welsh to attend the 2015 Annual Training Conference of the New York State Association of Chiefs of Police in Saratoga, NY. July 12-15, 2015.

Public Comments:
Kristy Apostolides thanked the Board for taking action on the proposed Kiryas Joal annexation issue.

Claudia Baktiary wondered what the plans were for the “lower” parking lot as one heads up the ramp to Route 17A.  This lot has just seemed to pop up as the upper one has filled up.  It was explained to her that the Town doesn’t own that property—PIPC does—and thus doesn’t have any jurisdiction over what happens there.  Ms. Baktiary feels this lower lot is a hazard.  Councilman McMillan offered to call PIPC and find out what the plans are.

Dale Mottola  reminded everyone of the Chamber of Commerce’s Have a Heart Campaign whereby 20% of all meals served at the Junction on Sat. 3/28 will be donated to the Campaign.  This campaign benefits the School District’s backpack program.

Michele Lindsay inquired if there had been any changes to the redlined copy of the Special Permit for Tuxedo Farms? In particular, Ms. Lindsay wanted to know if there were any changes to the clause that requires all conservation easements to be finalized before any disturbance is allowed on the property.  She was told there were no changes.  She then wondered if the public would be able to see the agreements as well as the bonds for the LDC. 

Town Attorney Nichol responded that those documents were being drawn up by Related so the Town doesn’t have any control over when they will be available. 

Kristy Apostolides asked why was the Town considering being the recipient of the land in the Northern Tract?

The Supervisor responded  “why wouldn’t we be?”

Ms. Apostolides replied that it was her understanding that PIPC would pay taxes on the land and the Town wouldn’t so she wondered why they would want the land?

The Supervisor said it was just something they were considering.

Claudia Baktiary asked if there was any collection of expired medications in Town?  She was told that she could bring them to the Police Department and they would dispose of them.  She also wondered about a collection of old electronics and was told that the Town does this on an annual basis.  They held one of these in the Fall and will do so again before the year is out.  Once scheduled, it will be announced on the Town website

Vouchers were signed and the meeting was adjourned into Executive Session.

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Agenda for Town Board Meeting March 23, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Conunents on Agenda Items

Agenda Items:

1. Presentation by Neil Weiss ofOnForce Solar, Inc. Regarding Solar Energy Systems

2. Resolution to File Interested Agency Status in Petition for Annexation of Acreage from the Town of Monroe to the Village of Kiryas Joel

3. Resolution to Increase Parking Fees at Commuter Parking Lot on Powerhouse Lane

4. Resolution to Establish Amount of Payment in Lieu of Health Insurance Coverage Pursuant to Chapter 16 of the Town Code

5. Resolution to Authorize Police Chiefto Attend the 2015 Annual Training Conference of the New York State Association of Chiefs of Police in Saratoga, New York, July 12 through July 15, 2015

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting March 9, 2015

The Town Board met on Monday, March 9, 2015.  Councilman Phelps was absent.

Public Hearing regarding Tuxedo Farms Amendment to Special Permit:
Prior to opening the floor to comments from the public, Supervisor Rost asked Town Attorney Larry Wolinsky and Town Planner Bonnie Franson to give an overview of the amendments.

Mr. Wolinsky began by stating that what is being proposed is a series of targeted amendments to the 2010 Special Permit.  He further stated that the purpose of the hearing was to take comment only on the targeted amendments, not to reopen the project and take comments on things that have long since been passed.  After all comments have been received and digested by the Board, any adjustments deemed necessary will be made and then the Board will be in a position to make a SEQRA determination followed by a vote on the amendments. 

Ms. Franson ran through the amendments with a brief explanation of each.  They are:
 
1-Two tax lots are being added to the PID.  The total size is about one acre.  There is no increase in dwelling units being sought as a result of the addition.  The lots are located behind Tuxedo Motor Sports.

2-The Greeting Center is being moved from Route 17 to the Commons area.  Also, the required meeting space will be situated in the Commons.

3-3000 sq. ft. of maintenance space is already required to be leased to the Town for use by the Highway Dept.  Originally located in Upland Park, the applicant is proposing to move this closer to Route 17.  The Planning Board reviewed this and has asked that some flexibility be allowed so the location can be chosen a little later in the process.

4-a request to relocate a sewer main outside the existing road alignment of Quail Rd.  The line would cross through Northridge and the cut needed for it would also be tied to a pedestrian connection which would tie Northridge to the Hamlet area. 

5-A request for the flexibility to change stormwater retention to smaller structures, closer to the development all done to comply with DEC regulations. 

6-A revision to the Preliminary Plan for the Commons area which would be relocated the multifamily dwellings originally proposed for that area to Northridge.  This means the Regulatory Plan must be revised. 

7-A revision to the Preliminary Plan map set with the map being redrawn so that it allows the flexibility that was intended when the 2010 Special Permit was passed. 

8-A revision to the schedule for the Wastewater Treatment Plant.  The current permit says that there should be a 500,000 gpd plant in operation on Day 1 but the NYS DEC regulations don’t allow for that as they want the plant to be sized for the current development only.  Thus the language is being changed to reflect that as the project develops out, the capacity will be in place. 

In addition, a memorandum of understanding is being developed to cover the LDC and the Transportation Corp.  This is probably 95% complete, but needs to be 100% complete before it is acted upon.  The language will reflect that none of this will incur any expense to the Town. 

9-The Town has expressed a desire to be eligible to receive the gift of the Northern Tract and the Applicant has agreed to this so the Permit will be changed to reflect this.

10-In both the 2004 and 2010 Permits, the Applicant was required to supply an Irrevocable Letter of Credit as a form of  security.   These no longer make sense today so the language will be broadened to allow for some flexibility with equivalent mechanisms.

Public Comments:
Jim Hays – expressed his dismay with the process of constructing the wastewater treatment plant.  He stated that he had been following the project since before the 2004 Special Permit was signed.  At that time, the Town’s wastewater treatment plant was not in compliance with the DEC regulations and Related offered to build a new plant as well as the collection system to bring the sewage from both the Hamlet and the Development.  He further stated that this has been a part of every amendment to the Special Permit since 2004.  Now, all of a sudden, the Town is being asked to finance the construction of the wastewater treatment plant through their Local Development Corporation (LDC).  Mr. Hays feels that this action gets the Town mixed up in the development and he feels that to become part of the project in this way is a big mistake.  Since Related has been promising to finance and build the plant since 2004, he feels they should be held to this promise.  He is worried that if the bonds fail, the Town’s credit rating will be ruined.

Andrew Berish – wanted to know what was happening on the Northern Tract.  It was explained to him that this property would remain in conservation, but it is being proposed that it be gifted to the Town. 

Michele Lindsay – stated that the agreement for the conservation of the Northern Tract was supposed to be finalized before any disturbance happened to the property. Despite the agreement not having been finalized, disturbance has indeed happened.  She acknowledged that the distrubance was in Sloatsburg but maintained she didn’t think that made any difference.   She went on to say that the Northern Tract consists of approximately 702 acres situated on Long Meadow and Warwick Brook Roads.  The Special Permit designates that it  be gifted to a conservation organization and governed by a Conservation Easement.  She wondered if any conservation organizations and specifically PIPC had even been approached about this.  She then urged the Town NOT to take the land but instead to support its gift to PIPC as they pay property, school and county taxes on the property as well as maintaining and managing the property. 

Nancy Hays  - reminded the Board that there is a large Timber Rattlesnake den on the Northern tract and said that she thought mixing any kind of passive recreation with the rattlesnakes was a very bad idea.

Lori Smyla (from Sloatsburg) – stated that construction has begun on some retention basins in Sloatsburg.  She added that the Rockland County Supervisor has written a letter to Related asking them not to continue until they receive necessary approvals from the Rockland County Drainage Agency. 

Andrew Dance responded that Related had met with the Rockland County Drainage Agency and that the letter has been rescinded.  Additionally he stated that the work that is being done is not part of the project. 

Superisor Rost asked Ms. Smyla to please submit her comments in writing so that the Board could look into her questions and get answers to them.

JoAnn Hanson – said she had come to speak about the open space.  She noted that there was a section of open space within the project in the Southern Tract and then there are other areas, surrounding the Village, which are the conservation buffer, the Northern tract and the Fox Hill tract.  Since the last public hearing with the Planning Board, at which she spoke, she noted that the Village Counsel has been working with the Town and with Related to complete the required agreements.  She requested that the open space component be tabled while these discussions are being completed.

Patsy Wooters – stated that since the Town Board of Tuxedo has lead agency status for the entire project, there is not a separate review going on in the Village of Sloatsburg.  Therefore, she wonders if the work going on in Sloatsburg was in fact, as Mr. Dance mentioned, not a part of the project.  She further wondered if this did not constituenot segmentation and a violation of SEQRA?

Al Natoli (attorney for Related) said he wanted to clarify the process for the construction of the Wastewater Treatment Plant.  The Plant will be built by the Transportation Corporation under contract by the LDC.  The LDC will raise money exclusively for this plant.  The Town is not taking on any responsibility for the financing except that it flows through the LDC.  If there is a default by the LDC, it doesn’t go on the Town, it goes against the property.

Andy Berish – wanted to know when they expect to get started. 

Andrew Dance responded that they have 3 subdivision applications that have completed their preliminary review at the Planning Board level.  Once the amendments have been passed, the Planning Board can take action and issue Final Approval and their plan is to break ground as soon as the snow melts.  They have engaged a contractor and they have homebuilders who are in contract.  In other words, the project is imminent!

The Public Hearing was not closed as the Town has not received a report from Orange County so they held the hearing open pending the receipt of that report.  The comment period will remain open until the Board’s next meeting on March 23. 

Town Supervisor/Town Board Update:
Supervisor Rost stated that work continues on the response to the Comptroller’s Office and they are also working on closing out the financials for 2014. 

The Supervisor also stated that they were all very aware of the situation with potholes on Route 17.  Assemblyman Karl Brabenec is putting together a meeting with representatives from affected municipalities and the DOT and hopefully some progress can be made. 

Presentation by Neil Weiss of OnForce Solar, Inc. Regarding Solar Energy Systems – Mr. Weiss was unable to attend this meeting so this will be rescheduled for a future meeting.

Resolutions, etc.:
The following were passed:

  • an Acknowledgment of Resignations of Councilman Kristian Matthews and Prosecutor Joseph Villanueva
  • a Resolution to authorize Town Clerk to attend the NYS Town Clerks’ Association Training Conference in Rochester, NY April 25-30, 2
  • a Resolution to approve Towing Licences for Tuxedo Gulf, Loyal Tire, NJV Auto, Harriman Auto and C.A.R.S.

Public Comments:
Michele Lindsay noted that in the 2004 Special Permit, there was a provision for a 3000 sq. ft. facility for a Farmers’ Market.  She remarked that in 2004, the Town didn’t have a Farmers’ Market, but now they do so she wondered if that could be taken out of the Special Permit.  She was told the Board would look into it. 

Mrs. Lindsay also wanted to know if the public would have an opportunity to review the LDC bonding agreement and whether they would be able to comment on it.

Town Attorney Wolinksy replied that there was a memorandum of agreement that was being finalized and when it is done, comment will be taken.  Also, there will eventually be agreements with the Districts when they are formed, and there will be time to comment then as well. 

Town Planner Franson added that as far as the Farmers’ Market goes, the facility being contemplated was not an outdoor market but something akin to Laura Ann’s in Monroe.  The proposed location is in Sloatsburg. 

Vouchers were signed and the meeting was adjourned.

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Special Join Workshop Meeting March 5, 2015

On Wednesday, March 5, 2015 the Town Board held a workshop on the Special Permit for Tuxedo Farms.  Councilman Loncar was not present.  Members of the Planning Board, Architectural Review Board and Zoning Board as well as Village of Tuxedo Park Mayor Neuhauser and Village Planning Board Chairman JoAnn Hanson were present. 

Supervisor Rost opened the meeting and explained that the purpose of the workshop was to bring all the Board members up to speed on the Special Permit.  In his view this is timely because the Town Board has a Public Hearing coming up on Monday, March 9 on some revisions being sought to the Special Permit.  He then turned the meeting over to Town Planner, Bonnie Franson. 

Acknowledging that there were Board members who were new to their boards, Ms. Franson began her presentation with a short history of the Tuxedo Farms project. Next, she reviewed PID regulations.  Although, PIDs are no longer allowed in Tuxedo, Tuxedo Farms was grandfathered in so they do apply to this project.  Following the discussion of PIDS, Ms. Franson laid out the roles of the various Boards as they are involved in the Tuxedo Farms application. 

The next topic was an explanation of the Preliminary Plan, followed by a description of the 2010 Regulating Plan, which includes Transect Zones and introduces the Smart Code.  

Following that, there was a discussion of the Open Spaces within the project. This includes the gifting of land to the Village of Tuxedo Park as well as conservation buffers and easements. 

The final topic of Ms. Franson’s presentation was the Special Use Permit.  She went through what the various attachments to the document were and concluded by listing the main characteristics of the Permit.  To view a copy of Ms. Franson’s presentation, click here.

Larry Wolinsky, who was involved in advising the Town Boards during both versions of the Special Permit, said there was a theme in both of the Permits in terms of compliance or making sure that the Town gets what was represented to them.  Thus there are a lot of enforcement mechanisms built into the Permit in order to make that happen.  He cautioned the Boards not to forget about this. 

Supervisor Rost asked what the mechanism for the grants would be.   Planning Board Attorney Alyse McCathern said money would be deposited into the LDC, which would then oversee low interest loans to local businesses.  The theory was to spruce things up so that the new people moving into Tuxedo Farms would want to come into the Town to shop and do business.  Appendix M to the 2010 Permit has the Hamlet Revitalization Program and spells out how it will work. 

Councilman McMillen asked about Emergency Services and how they factor into the Permit.  Ms. McCathern said that this was covered in detail in the Fiscal Analysis of the Permit.

Mr. Wolinsky commented that when the Special Permit was written, the performance guarantee was a letter of credit but since that form of financing has become much more expensive, currently another form of guarantee are being looked at. 

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Agenda for Town Board Meeting March 9, 2015

Call to Order
Pledge of Allegiance

PUBLIC HEARING Regarding Tuxedo Farms Amendment to Special Permit

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Presentation by Neil Weiss ofOnForce Solar, Inc. Regarding Solar Energy Systems

2. Acknowledgment of Resignations of Councilman Kristian Matthews and Prosecutor Joseph Villanueva

3. Resolution to Authorize Town Clerk to Attend the New York State Town Clerks Association Training Conference in Rochester, New York, Apri125 through April30, 2015

4. Resolution to Approve Towing Licenses

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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A Letter From The Town Supervisor - 3/6/15

Hello Tuxedo,

2015 is shaping up to be the year of the Sunday snow storms.  I would like to thank the highway department for their efforts in dealing with the storms this year.  They have spent many weekends away from their families to ensure our streets are safe to travel on.  Job well done highway department!

Board member Kristian Matthews has tendered his resignation from the board for personal reasons.  On behalf of the board and entire Town, I would like to thank Kristian for his service to the Town and wish him and his family the best.  The board is working together on an appointment who will serve on the Board for the remainder of 2015. 

The organic recycling center located at our highway department on Long Meadow Rd. currently being operated by Perfect Cut is being closed down.  More details will be made available as we move forward in the eviction process. 

Tuxedo Farms is eagerly awaiting the end of winter to begin work on their project.  The attorneys are hard at work assembling the documents and LDC to source the revenue to construct the waste water treatment plant and YMCA.  A public hearing is scheduled for Monday March 9th concerning some revisions being proposed to the special permit. 

Councilmen Phelps and McMillen spent time this past Saturday walking Rt 17, visiting town businesses and talking to the owners.  They found it to be useful and informative so we are going to make this a regular routine in Town going forward. 

Our finance team, Bill Sweet and Brian Sullivan, along with Town auditor, Cooper Arias, have been hard at work with closing out 2014 in preparation for the Annual Update Document that will be filed with the State Comptroller’s office. They have also been working together to identify a vendor who can deliver an affordable software package that will provide us with the tools to better manage the Towns finances.  We need accurate real time information to make adjustments and identify both risks and opportunities in our finances.  This need was identified during the audit and we are excited about finally having the ability to track, monitor and control our finances.

We continue to work on our action plans and response to the State Comptroller’s audit of the Town.  Some of these controls will be negotiated into the highway department contract that expires at the end of March and then rolled out Town wide.  

Regards,
Michael Rost

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Agenda for Special Joint Workshop Meeting March 5, 2015

Call to Order
Pledge of Allegiance

1. Joint Town Board, Architectural Review Board, Planning Board and Zoning Board of Appeals Workshop Session Regarding Tuxedo Farms Proposed Special Use Permit Amendment

Note: Members of the public are welcome to attend and listen at workshop session; however, no audience participation will be accommodated.

Adjournment

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Town Councilman Kristian Matthews Resigns

Councilman Kristian Matthews has resigned from the Town Board effective immediately.  In a letter written to Supervisor Rost, the Councilman stated that the resignation was for personal reasons.  The Town Board will appoint someone to serve out Mr. Matthews’ term which is up as of 12/31/15.

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Tuxedo evicts mulch operator - 3/2/15

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Town Board Meeting February 23, 2015

The Town Board met on Monday, February 23, 2015 at 7:00 pm.  Councilmen Loncar and Matthews were absent.

Town Supervisor/Town Board Update:
The Supervisor reported that he and the Board were working on their response and action plan with policies and procedures for the Comptroller.  This is due by the end of March, so they hope to have it completed within the next couple of weeks. 

Councilman McMillen reported that he is still working on changing the parking behind Bentley’s.  The resolution needs a minor language change and thus another resolution.  Plans are not to put new signs in, but rather to paint on the roadway itself that the area in question is a fire zone, not a no parking zone. 

Presentation by Paul Koksvik of Sve Energy USA LLC regarding Implementation Plan for Renewable/Clean Energy and Community Choice Aggregation:
Mr. Koksvik, who is from Ulster County, started by stating that this area of New York hasn’t hit their renewable energy goals for 2008, never mind 2015.  The population is growing and all coal-fired plants have been shut down because they are toxic.  Therefore, there is a big strain on the grid and utility companies are being backed into a corner, which he thinks is a good thing for consumers.  Ulster County is looking at a pilot program and Mr. Koksvik is pushing for it to apply to all of the Hudson Valley as well.  Ulster is putting together and developing their own alternative energy generation plan.  This could bring jobs and development to the  community which, in his view, would be a good thing.  According to Mr. Koksvik, there are grants available to help put together community planning for generating energy.  After seeing the recent article about Tuxedo in the Times Herald Record, he reached out to the Supevisor thinking this might be something to help revitalize the Town.  He is available for consulting on a project and would like to be considered for the project. 

Mary Graetzer wondered if he was proposing that the Town take themselves off the grid in the future?

Mr. Koksvik replied no, the energy would still be delivered by the utility company (Orange and Rockland) but it would not be coming from the generation plants.  The resistance along the lines as they transmit  goes down so that it becomes more efficient for a Town to generate its own electricity locally.  How the energy would be generated depends on the geography of a community.  A consult comes in and does a feasibility study.  Hydro, wind, heat pumps, solar panels are all possible. 

Alyse McCathern stated that years ago the Town used to generate power via the hydroelectric dam at the Powerhouse property.  The equipment is gone now, but the waterfall is still there.

She recalled that years ago, when she was a member of the Town Board, this had been studied.  It was also looked at a few years after that when Councilman Tom Darling investigated the possibility of getting the dam up and running again.  Nothing was ever done with the suggestion either time.

Kristy Apostolides commented that when she had seen  this item on the agenda, she looked into the legislation for Community Choice Aggregation and wasn’t sure whether it had been passed in New York or not.

Mr. Koksvik responded that there was a lot of minutiae left to be worked out with the PSC and utilities but, in his opinion, there was nothing to stop the Town from going ahead and doing it right now.    

Resolutions:
The following resolutions were passed:

  • a Resolution to Urge Public Service Commision to exercise due diligence in review of rate increase proposed by Orange & Rockland Utilities
  • a Resolution to appoint Alyse McCathern as Counsel to Planning Board and Zoning Board of Appeals (Mrs. McCathern has recently switched firms.  RFPs for new counsel have been issued and are due in March.  Mrs. McCathern was appointed until such time as a successor might be appointed.)
  • a Resolution to approve participation in Orange County 2015 STOP-DWI Enforcement Grant

A Resolution to approve Towing Licenses was tabled until the next meeting.

Public Comments:
Andy Berish commended the Highway Department for the job they’ve done in clearing and sanding the roads.

Jim Hays congratulated the Board for closing down Perfect Cut saying he was very glad they had done so and that he recognized it had taken some courage. 

On the issue of the “Town versus Environmentalists,” Mr. Hays said that there were voices within the Town that were in conflict at times, but he thinks they are voices that need to be heard.  He further stated that the charge that environmentalists had slowed the progress of Tuxedo Reserve was absurd.  He elaborated on this statement saying that he and Councilman Phelps had served together on the Planning Board when that developer was in front of them.  At that time, perhaps 7 years ago, the Planning Board had given Related all the permits it needed to build Northridge, their first phase, and Related had decided not to build it but instead to come back to the Board for more changes.  Councilman Phelps agreed that a lot of changes had been made.  Mr. Hays continued to say that in his opinion, the Town had done the right thing and should not be made to feel guilty about the amount of time it’s taken for Related to get where they are.  He added that he believes that Related is only in Tuxedo to make money and will  take advantage of the Town whenever and wherever they can.  He expressed disappointment that the Town had created an LDC to issue bonds for the sewage plant wondering why Related didn’t issue the bonds themselves.  He urged the Board to be careful going forward. 

Michele Lindsay said she had recently been reviewing the 2004 Special Permit granted to Related and wondered if there was an update on the required conservation agreements which she said, she had been asking for since last fall.  She listed 3 agreements:  1-2 acres to be gifted to the Tuxedo Club  2-30 some acres to be gifted to the Village of Tuxedo Park as a buffer zone and 3-the Fox Hill and Northern tracts which were to be put into a conservation easement.  She specifically wondered if the Board had decided who the 3rd party holding the easement would be. 

Planning Board Attorney Alyse McCathern responded that Mrs. Lindsay was correct that these agreements had been part of the 2004 Special Permit and also part of the amendments passed in 2010.  The Board is presently looking at some of the language in these agreements, but it didn’t obviate the requirement to place the property in conservation.  She advised Mrs. Lindsay that the property to be donated to the Park for a buffer was a contract between the Village and the developer and suggested Mrs. Lindsay ask the Village where it stood.  She further commented that it was her understanding that there was no change in the requirement that these properties be donated. 

Town Attorney Howard Protter added that the property had to be conserved and that the Town Board had final say to approve who the conservation easements were deeded to. 

Mrs. McCathern further commented that the development rights on these properties have been transferred so nothing else can be done on them.  The Town will be reviewing these agreements.

Mrs. Lindsay then asked “what exactly does conservation mean?  It can mean anything!”

Mrs. McCathern replied that she thought everyone knew what conservation meant…it means one doesn’t use the property for building houses or commercial uses.  The whole intent in 2004 and then again in 2010 was that the development rights on those properties have been transferred and now the property has to be conserved….no one will get to “double dip” and develop it after the rights have been transferred to other parts of Tuxedo Farms. 

Mr. Protter concurred saying “there are no development rights left on any of those parcels so they can’t be used for any purpose.” 

Mrs. Lindsay wondered if it could be developed for something the Town considered to be recreational?  She was told no, it could be open space or perhaps passive recreation.  Mrs. Lindsay then asked for a definition of passive recreation and was told “hiking trails.” 

Kristy Apostolides then asked for an explanation of transferring development rights.  Mrs. McCathern explained this to her. 

Mrs. Lindsay next asked if the Town Board were to consider using the land for passive recreation, would it make sense to bring in an organization such as the New York/New Jersey Trail Conference to lay out and manage the trails as she wondered where the money to do this would come from. 

Supervisor Rost told her that the Board has not gotten that far as yet.  Right now, they are focusing on getting the sewer plant up and running and the financing done. 

Mrs. Lindsay then said “when it is considered, would that be something you would look into?” and she was told yes. 

Changing the subject, Mrs. Lindsay wondered if the Town was going to do anything to highlight the mistakes that were made in the recent article that appeared in the Times Herald Record.   As examples she listed the fact that neither the Town nor the School presently has a million dollar deficit and also the fact that the article said there hadbeen no development in Town since the 1960s but in fact the Woodlands, Hamilton Estates, Table Rock and Juniper Terrace have all been built and “come on board” since that time.   She is hoping that someone from the Town is going to step up and tell the Record that they got a lot of things wrong and that they have unfairly put the Town in a negative light. 

Kristy Apostolides remarked that she had also been quoted in the article and felt that the reporter had an idea about what she wanted to write and it didn’t matter what anyone had said, she was going to write what she wanted to.  She further commented that she had been working with Chamber of Commerce President Bill Sweet on finding ways to highlight the idea of Tuxedo’s being a Gateway Community.  She felt the article had served to get people talking about this possibility once again. 

Councilman Phelps stated that as a Trustee of the Chamber he had spoken with Mr. Sweet who had spent time showing the reporter all the good things in Town, none of which she reported on. 

Sue Papke spoke up and observed that the article was killing real estate values around Town.  She stated that she feels what the Town needs is a public relations effort and if no one else wants to run it, she will be happy to do so. 

Supervisor Rost responded that it wasn’t a matter of no one wanting to do so.  He feels the Board’s time is better spent in working to get the Town moving again.  There is no guarantee that if he or the Board were to write a rebuttal, the paper would print it.  He added that hopefully, the Town would be getting good news about the school in the next couple of weeks.  Good things are going to be happening. 

Vouchers were then signed and the meeting was adjourned.

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Agenda for Town Board Meeting February 23, 2015

Call to Order
Pledge of Allegiance

EXECUTIVE SESSION to Discuss Collective Bargaining Agreement for Highway Department

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Presentation by Paul Koksvik of Save Energy USA LLC Regarding Implementation Plan for
Renewable/Clean Energy and Community Choice Aggregation

2. Resolution to Urge Public Service Commission to Exercise Due Diligence in Review of Rate Increase Proposed by Orange & Rockland Utilities

3. Resolution to Appoint Alyse McCathern as Counsel to Planning Board and Zoning Board of Appeals

4. Resolution to Approve Towing Licenses

5. Resolution to Approve Participation in Orange County 2015 STOP-DWI Enforcement Grant

6. Any other business as may come before the Board after this Agend ais posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Town Board Meeting February 11, 2015

The Town Board met on Wednesday, February 11, 2015 at 7:00 pm. Councilmen Loncar and Matthews were absent.

Town Supervisor/Town Board Update:
Supervisor Rost announced that the installation of time clocks at the Police Department as well as the Highway Department is almost complete.  This is being done as a direct result of the State Audit, which recommended a more accurate time keeping system to the Town.  Recently other Towns, most noticeably Goshen, have been in the news for falsifying Police payroll records as well as “double dipping,” and this will ensure that can’t happen in Tuxedo  The clocks will protect the Town employees as well as serve as added security that our payroll records are backed up and correct. 

Councilman McMillen stated that he had received a complaint that a lot of cars are parked on Southside Place in violation of the code for this time of year.  The Chief of Police and the Building Inspector both looked into the situation and reported that there simply isn’t enough room for the cars there.  Councilman McMillen feels that the Town should amend the code to take into consideration the amount of cars that people living on the road have.  There are other roads in Town that need to be studied as well.  Chief Welsh stated that he feels that amending the code to say that overnight parking would be allowed except in cases of snow emergencies.  Town Highway employee Mike Marusich was present and was asked how well they were able to plow around the cars.  Both he and Chief Welsh said that most people moved their cars when they heard the plow coming in order to accommodate it.  The Board and the Town Attorney will look into changing the code.

Report on Perfect Cut:
Town Attorney Nichol reported that issues with Perfect Cut have not been resolved.  The latest report from the DEC shows several areas at the site are not being operated according to the plan that was worked out. Also, Perfect Cut is not up to date with their rent payments.  Mr. Nichol spoke with Perfect Cut’s attorney and enumerated the issues that he wanted to see sorted out by the end of January.  If he had seen these issues settled, he would have prepared a proposed lease for the site for the Board’s consideration. 

However, they are still in arrears on their rent and the situation with the DEC has not been resolved. Thus, Mr. Nichols recommends that the Board “take appropriate action.” 

David Asher, attorney for Perfect Cut, presented a cashier’s check, which he said covered what they owed in rent as well as “inbound and outbound payments” as per the old lease. 

Councilman Phelps inquired as to the amount of the check was informed that it was in the amount of $26,645.  Councilman Phelps responded that this was a lot different from the list of money owed that he had. 

Councilman McMillen added that the Board’s list came to $133,000. 

Mr. Asher replied that the Town’s list included things like the H2M bill for engineering and attorney’s fees.  He added that he was perfectly willing to work with the Town on the numbers, but he wanted to make sure the rent and the inbound and outbound were paid first.  Additionally, he said he had reached out to the Supervisor but had not been able to get in touch with him. 

Supervisor Rost responded that things had reached the point where communication needed to be between the attorneys. 

Mr. Asher said he had been in touch with Mr. Nichol.  He stated that Perfect Cut had been informed by former Supervisor Dolan that the Town would be absorbing the cost of the engineering plans as well as the attorney’s fees. 

At this point, Councilman Phelps stated that he had been on the Board at that time that they would never, ever have agreed to those terms. 

Mr. Asher replied he wasn’t saying that they did, but that was what Mr. Dolan told Perfect Cut owner, John Guggino. 

Next, Mr. Asher stated that there were many things that Perfect Cut had done as improvements to the Highway Garage property which, as discussed with Mr. Dolan, he felt were significant offsets to the money the Town now says they owe.  Mr. Asher also stated that Perfect Cut had installed a drainage system on the property which would also benefit the Town and which cost well over $100,000.  

Additionally, he presented the Board with a list of work. which had been done by Perfect Cut, not because anyone had asked them to do the work, but because they “wanted to provide services to the Town which houses their business for good will.”  Mr. Asher figures this work totals at least $915,000.  Click here to see a copy of the list.  

Councilman McMillen responded to Mr. Asher stating that they had all had a meeting a few months ago during which the Board had laid out the things they felt it was necessary that Perfect Cut should do in order for the Board to consider extending their lease, however the Town has heard nothing from Perfect Cut until now.  Perfect Cut was given until the end of January to respond and Mr. McMillen pointed out that it was now February.  Secondly, he stated that the improvements listed by Perfect Cut were not a condition of the lease.  As a result, he does not see how the Board can recognize them. 

Councilman Phelps commented that all of the dollars represented on the list could have been better spent paying the rent.  He added that as far as the drainage or containment system referenced by Mr. Asher was concerned, that was necessary because the mulch pile was leaking, not because of anything the Town had done. 

Mr. Asher replied, “but Mr. Phelps, regardless of who or what was operating on the property, it benefits the property,” to which the Councilman replied “but what was operating on the property was causing the problem!” 

Councilman McMillen added that the items on the list should have gone out to bid.  It is illegal for Perfect Cut to go ahead and do them on their own.  

Mr. Asher suggested  that should they go into another lease, which was what they were there to request, such things would have to be treated more formally going forward.  In the future, they are suggesting a formal landlord/tenant relationship.   Additionally, he stated that the only issue left to be resolved with the DEC is a dollar amount.  Perfect Cut has offered to take over the consent order because they want to remain in a relationship with the Town.  They have been working with the DEC.  The height of the pile has been addressed. The logs have been removed. Wind rows have been created and 4 flag poles have been installed. Supervisor Rost then produced the latest report from the DEC dated January 21 and asked Mr. Asher if he had seen it.  He replied he was sure he had seen it but he had not read it before tonight.  The Supervisor stated that the report said that the site was not in compliance.  Mr. Asher replied that he didn’t disagree with the report but he didn’t really understand what the DEC was saying.  He feels the DEC is being difficult as  they are complaining about the stump pile when “everyone knows that you can’t work on a stump pile during snow season.”  The Supervisor replied that the stump pile had been there even during the summer.  Mr. Asher responded that he was working with the attorney for the DEC on a resolution and that dollars and cents is the last issue that needs to be worked out. 

The Supervisor then stated that personally, he had an issue with the fact that Perfect Cut was there talking about a new lease.  To his recollection, they have been talking about a new lease since August.  But, they have just tonight paid up their rent from April through January.  Councilman McMillen added that because of the non-payment, the Town has been operating at a deficit with Perfect Cut and that this directly affects the taxpayers.  Mr. Asher responded that the Town had never lost money with Perfect Cut.  He added that he would not try to say that the rent hadn’t been late because clearly it had been, but now it was up date, and the benefits and services that have been provided by Perfect Cut have more than made up for that.  Mr. Guggino added that inbound and outbound charges alone had netted the Town $1,300,000.

Councilman McMillan then stated that he had gone over the books and he completely disagreed with Mr. Asher and Mr. Guggino.  To him, it looked as though the Town had made some money for the first 3 years and then after that, it had steadily dropped off until they had 0 profit.  He offered to share the numbers with Mr. Asher.

Additionally, the Supervisor pointed out that the Town had to pay for the engineering and the attorney, which added up to over $100,000 out of pocket for the Town.  Mr. Asher responded that he understood this and that, as he had astated earlier, he was willing to discuss these things.  He also wanted to go on the record as saying he was not a party to the discussions between Mr. Guggino and Former Supervisor Dolan.  He only knew what he had been told.  He added that Perfect Cut  hoped to maintain a long-term relationship with the Town and he would be happy to answer any other questions they might have.  Mr. Guggino then offered to sit down with the Supervisor and compare numbers as well as go through the books because whatever decision they made, he felt the Board should do so fully informed. 

The Supervisor then made a motion to go into Executive Session to receive advice from Counsel; it was passed unanimously and the Board and Mr. Nichol left the room. 

Resolution Authorizing Summary Proceeding:
When the Board returned and the meeting was resumed, Supervisor Rost made a motion that the Town Board commence a summary proceeding against J&G Tree Corporation/Perfect Cut to obtain a Warrant for Eviction and Judgment for monies due to the Town.  Councilman Phelps seconded the resolution and it was passed unanimously.

Public Comments:
Mary Graetzer congratulated the Board on their action against Perfect cut, commenting they had done well.  She then asked if the Supervisor had any idea as to the timing of what would happen next.  Supervisor Rost replied that he did not as it was in the hands of the attorneys now. 

Town Attorney Nichol commented that a summary proceeding using the Justice Court was usually a fairly quick and accurate thing.

Mrs. Graetzer asked where the case would be heard and she was told it would go to the local Tuxedo Justice Court.  Mr. Nichol characterized it as a “landlord/tenant matter,” and said that going to court locally would save the Town from having questions opened that would perhaps be debatable. 

The vouchers were then approved and the meeting was adjourned. 

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Agenda for Town Board Meeting February 11, 2015

Call to Order
Pledge of Allegiance

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Report on Perfect Cut.

2. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjourmnent

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Town Board Meeting February 3, 2015

The Town Board met on Tuesday, February 3, 2014 at 7:30 pm.  Councilmen Loncar and Matthews were absent.

The first item of business was the 2015 Reorganization Meeting, which began with the swearing in of recently elected Councilman David McMillen. 

Supervisor Rost next recounted the changes, which appear in the Reorganization document. 

  • The meeting time for Town Board meetings will now be 7pm instead of 7:30
  • Contractual raises for Town Employees are as follows:

         Police – 3%
         Highway Department – 4%
         Town Hall Employees – 1%
         Board members – no raise

  • Bill Sweet will join the administration as Bookkeeper at $20,000 per year
  • Brian Sullivan will be the Account Clerk at $20/hour, limited to 20 hours per week.

The Reorg. Document was then unanimously accepted.  Details are as follows:
Appointments:
The following appointments were made:


Supervisor’s Clerk

Shari Brooks

Supervisor’s Bookkeeper

Bill Sweet

Account Clerk

Brian Sullivan

Deputy Supervisor

Gary Phelps

Deputy Registrar

Joanne Ennis

First Deputy Town Clerk

Joanne Ennis

Town Planner

Bonnie Franson

The yearly salaries were approved for the following Town Officials:

Supervisor

Michael Rost

$37,475.00

Town Council Member

Clifford Loncar

$  6,634.89

Town Council Member

Kristian Matthews

$  6,634.89

Town Council Member

David McMillen

$  6,634.89

Town Council Member

Gary L. Phelps

$  6,634.89

Town Justice

Shawn Brown

$24,553.00

Town Justice

Sandy Newman

$23,690.00

Receiver of Taxes

Greg Stevens

$11,362.00

Town Clerk

Elaine Laurent

$63,295.00

Superintendent of Highways

Edward Pfizenmaier

$97,068.00

Supervisory Court Clerk

Elizabeth Smith

$47,981.00

Justice Clerk

Claire Squillini

$40,053.00

PT Court Clerk

Mary Stalnaker

$29.605.00

Supervisor’s Clerk

Shari Brooks

$38,611.29

Recreation/Summer Camp Director

Shari Brooks

$18,242.70

PT Town Bookkeeper

Bill Sweet

$20,000.00

PT Account Clerk

Brian Sullivan

$20/hr.

Budget Officer

Michael Rost

No compensation

PT Assessor

Gregory Stevens

$40,709.00

Payroll Clerk

Deborah Villanueva

$  2,800.00

Records Management Officer

Elaine Laurent

$  3,767.00

Deputy Records Management Officer

Joanne Ennis

$  2,495.00

Dog Control Officer

Thomas Murphy

$  7,522.00

Emergency Management Officer

Ralph Brooks

$     793.00

Clerk for Highway & Building Depts + Recording Sec. for ARB

Rachel Artrip

$15/hr

PT Parking Fee Collector

Mary Stalnaker

$15.27/hr.

Police Chief

Patrick Welsh IV

As per contract

Supervisor of Dog Control Officer

Patrick Welsh IV

$  2,500.00

Police Lieutenant, Sargeants and Patrolmen

 

As per contract

Full-time Police Dispatchers

 

As per contract

Police Matron

Margaret Baruffaldi

As per contract

Police Matron

Dawn Graham

As per contract

Part-time Police Dispatchers

Kim Hall, Daniel Jones, Kathleen Marusich, Kathleen Miller, Joseph Russo, Antoinette Soriano, Sara Troxell, Kevin Bonkowski

 

Fire Inspector/Building Inspector/Code Enforcement Officer/Flood Damage Prevention Administrator

David Maikisch

$63,148.00

Project Coordinator for Building Dept/Sec. for Zoning Bd., Planning Bd., ARB

Deborah Villanueva

$50,606.00

Board of Assessment Review/Chairman

Louis DeBrino
(9/30/16)

$  1,507.00

Board of Assessment Review/Member

Edward Brennan
(9/30/15)

$     538.00

Board of Assessment Review/Member

Nathaniel Jackson
(9/30/17)

$     538.00

Board of Assessment Review/Member

Frederick Jones
(9/30/18)

$     538.00

Board of Assessment Review/Member

Carol Matthews
(9/30/19)

$     538.00

Parks & Recreation Advisory Board Member

Joseph Ricard
(12/31/15)

No compensation

Parks & Recreation Advisory Board Member

Jean Ruffino
(12/31/16)

No compensation

Parks & Recreation Advisory Board Member

Leslie DeVore
(12/31/17)

No compensation

Parks & Recreation Advisory Board Member

Edward Pfisenmaier
(12/31/18)

No compensation

Parks & Recreation Advisory Board Member

Deborah Villanueva
(12/31/18)

No compensation

Parks & Recreation Advisory Board Member

Adam Frank
(12/31/19)

No compensation

Parks & Recreation Advisory Board Member

Paul DiPaulo
(12/31/19)

No compensation

Board of Fire Commissioners Member

Elwood J. Briggs
(12/31/15)

No compensation

Board of Fire Commissioners Member

Kent Clark
(12/31/15)

No compensation

Board of Fire Commissioners Member

Gardiner Hempel, Jr.
(12/31/16)

No compensation

Board of Fire Commissioners Member

Edward J. Brennan, Jr. (12/31/17)

No compensation

Board of Fire Commissioners Member

Ralph Brooks, Sr.
(12/31/18)

No compensation

Board of Fire Commissioners Member

Todd J Darling
(12/31/18)

No compensation

Board of Fire Commissioners Member

Charles Jones
(12/31/19)

No compensation

Zoning Board of Appeals/Chairman

Frank Peverly
(12/31/15)

$   1,611.00

Zoning Board of Appeals/Member

Andrew Rogers
(12/31/16)

$   1,166.00

Zoning Board of Appeals/Member

Thomas Darling
(12/31/17)

$   1,166.00

Zoning Board of Appeals/Member

George D. Langberg III (12/31/18)

$   1,166.00

Zoning Board of Appeals/Member

Russell Shaver
(12/31/19)

$   1,166.00

Zoning Board of Appeals/Alternate

Open
(12/31/15)

 

Planning Board/Chairman

Michael Reardon
(12/31/16)

$   5,864.00

Planning Board/Member

Linda Phelps
(12/31/15)

$   2,661.00

Planning Board/Member

Darren Maynard
(12/31/17)

$   2,661.00

Planning Board/Member

Joseph Gartiser
(12/31/18)

$   2,661.00

Planning Board/Member

John Ruel
(12/31/19)

$   2,661.00

Planning Board/Member

Raymond Ferri
(12/31/19)

$   2,661.00

Planning Board/Member

Richard Rigoli
(12/31/19)

$   2,661.00

Architectural Review Board/Chairman

Dale Mottola
(12/31/17)

$  1,801.00

Archtectural Review Board/Member

Michael Rothlauf
(12/31/15)

$  1,165.00

Archtectural Review Board/Member

George McCathern
(12/31/16)

$  1,165.00

Archtectural Review Board/Member

Todd Tereshkow
(12/31/16)

$  1,165.00

Archtectural Review Board/Member

Robert Currie
(12/31/17)

$  1,165.00

In addition, the following appointments were made:

Town Veteran’s Officer

Paul Mitchell

Town Historian

George D. Langberg, Jr.

Official Newspaper of Record

Times Herald Record

Official Depository

JP Morgan Chase

Requests for proposals have gone out for Town Attorneys, Town Engineers and Town Auditors.  Until such time as a successor is appointed, Jacobowitz & Gubits was retained as Town Counsel, Planning Board Legal Counsel and ZBA Legal Counsel.   Until such time as a successor is retained, Holzmacher, McLendon & Murrell P.C. (H2M) was appointed as Town Engineer.  Until such time as a successor is appointed, Andrew Arias of Cooper Arias was appointed as Town Auditor.

The regular bi-monthly meeting of the Board followed.

Supervisor’s Update:
Supervisor Rost stated that he felt one of the best predictions for the future was the past and, as such, he has been spending a lot of time studying how business was done in Town over the past year, the past 8 years and the past 12 years.  He feels that if the Board wants to change where the Town is headed, they need to change the way that business is done in Town.  Therefore, the Board is very focused on implementing controls, policies and procedures to make sure that they change the direction in which the Town seems to be headed.  Councilman McMillen is working with A&M and Bill Sweet on a lot of things and the Supervisor will be working with A&M on the response to the audit.  Cameras have been installed at the Highway garage and controls have been added at the fuel pumps, which the Supervisor feels is a good start.  Time clocks have been installed and as soon as training is complete and the payroll can be run without errors, they will be turned on.  Supervisor Rost believes that the addition of Bill Sweet is a big part of the solution, stating that it was a really good idea to have a CPA in charge. 

Councilman McMillen added that the locks at the Police Station had also been fixed. 

Notification:
The following was read into the record:

  • A Notification of Receipt, Publication of Notice, Website Posting and Distribution of the Official NYS Comptroller’s Audit of the Town’s Financial Operations -1/01/2013 -01/29/2014

Resolutions:
The following resolutions were passed

  • A Resolution to declare Vehicles (2005 GMAC Yukon, 2009 Ford Crown Victoria, 2002 Chevrolet Bus) as Surplus and advertised for sale with a bid opening on 3/19 @ 1 pm in the Town Clerk’s office.
  • A Resolution to Schedule a Public Hearing regarding Amendments to Tuxedo Farms Special Permit***

***Town Attorney Don Nichol explained that there were a number of things which need to be amended in the Tuxedo Farms Special Permit.  Some of these things are discussed in a memo to the Planning Board written by Town Planner Bonnie Franson. Proposed changes include some Sewer Plant issues, the addition of a few acres to the project, moving the location of the Vistor’s Center to the center of the project in the Town Center and an update to the Preliminary Plan as well as an adjustment to the Regulatory Plan.  Also, in regards to the property that is going to be donated (Fox Hill tract) there is a proposal to give it to the Town but it will need some language adjustments before it will be allowed.  These changes need to be put into the proper legal language by the Tuxedo Farms attorneys and then submitted to the Town.  Once they have been received, the Town Clerk will schedule a Public Hearing.  As there is a minimum of 10 days notice required for scheduling a Public Hearing, this will not take place at the next scheduled Board meeting (Monday, February 9 ) but will either have totake place at a Special Meeting or the February 23 Board meeting. 

Project Manager Andrew Dance added that the Planning Board memo was a result of 7 months review by that Board and concerned updating the Preliminary Plan. The Planning Board can, under the process, recommend that the Preliminary Plan be updated and refer it to the Town Board.  This is what’s happening now.  Mr. Dance added that since the property to be donated is adjacent to the Quarry Field property, it made sense to him to gift it to the Town to be added to that tract.  However, he hoped that changing this from donating it to an approved “conservation entity” to the Town would not delay the project.  Town Attorney Nichol responded that this would take some research on his part to see if this would be possible.  He added that the changes should also be enumerated in a summary so that the general public could easily see what was being asked.

The Resolution in Opposition of Electric and Gas Rate Increase proposed by Orange and Rockland was tabled for two reasons.  First, the full Board was not present.  This is a significant increase and the Supervisor attended an Association of Towns meeting the week prior where he was asked to participate in a joint lawsuit with other Towns and Villages.  There would be a required contribution of $5000 to participate so he wants to wait for a vote of the full Board.  Also, O&R employee,Town Resident and ZBA Chair Frank Peverly has asked to address the Board on this subject and the Supervisor would like to give him the chance to do so. 

Other Business:
The following resolution was passed:

  • A Resolution approving posting of $6,620.00 performance bond for filling and grading at the Iazzetti property as confirmed by Planning Board Chairman Michael Reardon.

After vouchers were signed, the meeting was adjourned into an Executive Session to receive advice from the Town Attorney.

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Agenda for Rescheduled Town Board Reorg/Regular Bi-Monthly Meeting - February 3, 2015

Call to Order
Pledge of Allegiance

2015 REORGANIZATION MEETING

REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Notification of Receipt, Publication ofNotice, Website Posting and Distribution of the Official
NYS Comptroller's Audit of the Town's Financial Operations- 01/01/2013 Through 01/29/2014

2. Resolution to Bid Police Vehicles for Sale

3. Resolution to Schedule Public Hearing Regarding Amendments to Tuxedo Farms Special Permit

4. Resolution in Opposition of Electric and Gas Rate Increase Proposed by Orange & Rockland Utilities

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Supervisor's Update

Hello Tuxedo,

The audit report of our Town’s finances has been completed and published.  You can access the full report here http://www.tuxedogov.org/news  
The audit raised serious concerns about the Town’s accounting.  I would like to point out the following:

  1. Immediately after taking office last January, I  learned that the Town’s bank account was overdrawn, even though the financial records showed a surplus.  At once, I requested the Office of the New York State Comptroller to conduct an audit of the Town’s finances.   
  2.  I reached out to some individuals in the community with financial backgrounds and formed a citizen’s Financial Advisory Committee to review our finances and make recommendations.
  3. The Town Board worked with a consultant to put action plans in place to address the deficiencies.  The consultant, paid with fees from Genting, helped the Town put in place appropriate procedures and controls. The Town’s books are balanced and money has been accounted for.
  4. The Town Board hired a new accounting firm to perform audits
  5. Moving forward, Bill Sweet will be joining our team to provide oversight and segregation of duties of the Town finances.

Below is an article that appeared in the Times Herald Record.

State blasts Tuxedo's poor bookkeeping

By Hema Easley
Times Herald-Record
Posted Jan. 20, 2015 @ 7:24 pm

An audit by the state Comptroller's Office offers a scathing rebuke of Tuxedo's fiscal controls and accounting methods, saying the poor bookkeeping makes it impossible for the state, and the town itself, to determine its true financial condition.
The audit, which covers the period Jan. 1, 2013, to Jan. 29, 2014, found that the supervisor delegated the town's accounting responsibilities to an untrained bookkeeper without providing oversight. The Town Board, in turn, depended on the supervisor's financial updates to make decisions, without ensuring he provided sufficient and adequate information.

The audit also found that certain account balances in the town's ledger did not agree with the audited financial statements. The Town Board and the supervisor also did not ensure that all money spent was for proper town purposes.

The town's accountant did not assess internal controls, ensure financial records were complete or account for court revenue, making Tuxedo's annual audits unreliable, the Comptroller's Office said.

The audit covers the final year of the administration of former supervisor Peter Dolan. Mike Rost, the current supervisor, said he was aware of issues in the town's finances coming in and had asked the Comptroller's Office to perform an audit.

The results were not a surprise. The town was already facing a $1 million deficit, and in October the Comptroller's Office included Tuxedo in its list of municipalities in fiscal stress. In April, the credit rating firm Moody's downgraded the town to A3 from A1 with a negative outlook.

The town received a copy of the audit and accompanying recommendations in December, but Rost and the Town Board had already started implementing changes during the summer in consultation with the Comptroller's Office.

The town let go the accountant who had been overseeing the town's finances for more than a decade, and hired the accounting firm Cooper Arias. It has proposed reducing the responsibilities of its bookkeeper, sending him on training for municipal accounting, and hiring a Certified Public Accountant to provide oversight.

In addition, Tuxedo hired New York City-based Alvarez & Marsal to analyze current policies, establish proper controls, make cost-saving recommendations and assist with police and highway contracts. The consultants were also tasked with helping the town with financial planning for one-, two-, five- and 10-year outlooks.

 

Michael Rost
Town Supervisor

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Agenda for Town Board Reorganization Meeting and Regular Bi-Monthly Meeting January 26, 2015

Call to Order
Pledge of Allegiance

2015 REORGANIZATION MEETING

REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports

Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
1. Notification of Receipt, Publication ofNotice, Website Posting and Distribution of the Official
NYS Comptroller's Audit of the Town's Financial Operations- 01/01/2013 Through 01/29/2014

2. Resolution to Bid Police Vehicles for Sale

3. Resolution to Schedule Public Hearing Regarding Amendments to Tuxedo Farms Special Permit

4. Resolution in Opposition of Electric and Gas Rate Increase Proposed by Orange & Rockland Utilities

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

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Town Board Meeting January 12, 2015

The Town Board met on Monday, January 12, 2015 at 7:30 pm.  Councilman Loncar was absent.

Town Supervisor/Town Board Update:
The Supervisor stated that he had no update.

Public Comments on Agenda Items:
Councilman McMillen asked for an explanation of Agenda Item # 2 (the annual contract with Warwick Humane Society) and was told this was the same contract that had been in place last year.  The fees will remain the same--$75 per cat and $85 per dog.

Resolutions:
The following resolutions were passed:

  • a Resolution to Schedule the 2015 Reorganization Meeting for January 26, 2015
  • a Resolution to authorize execution of Agreement with Warwick Humane Society for 2015 Animal Shelter Services

Public Comments:
There were no public comments.

 

Vouchers were signed and the meeting adjourned into an Executive Session to receive legal counsel.

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Agenda For Town Board Meeting January 12, 2015

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Schedule 2015 Reorganization Meeting for January 26, 2015

2. Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2014 Animal Shelter Services

3. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

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Special Town Board Meeting January 7, 2015

The Town Board held a Special Meeting on January 7, 2015 at 7 pm.  Councilman Matthews was not present.

Supervisor Rost opened the meeting, which he stated was being held for the purpose of voting on a resolution to authorize the establishment of the Tuxedo Farms Local Development Corporation.   Before taking the vote, the Supervisor stated that if anyone had any questions about the resolution, Chris Andreucci of Harris Beach (attorneys for Related Companies) and Howard Protter of Jacobowitz & Gubits (Town attorneys) were present to answer them. 

Councilman Loncar asked how the list of people who make up the Directors of the LDC had been arrived upon.

Supervisor Rost replied that this had been discussed at the last meeting and then asked Mr. Andreucci if he had anything to add. 

Mr. Andreucci stated that these people were the initial directors, appointed by the Supervisor, who were needed to form the LDC.  After the Corporation has been established, the directors can be changed.  This would be done by appointment of the Town Supervisor acting ex officio.  The appointed directors can be different than the initial ones. 

Supervisor Rost added that the Town Board was not going to be administering the LDC, they will have oversight provided by Harris Beach.

Councilman McMillen asked if it were true that the Directors of the LDC were not individually liable and Mr. Andreucci confirmed that this was so.  There is no individual liability or personal guarantee for the loan for the bonds.  Mr. McMillen then wondered who was liable and he was told nobody was. He went on to say that “the only security package for the bonds is the right of the Trustee to stand in the shoes of the LDC to enforce the Town’s obligation to levy the special assessments.” 

Peter Bush inquired how the project would be financed by the LDC. 
Mr. Andreucci responded that the LDC was formed so that bonds could be issued.  Only certain entities are allowed to issue tax-exempt bonds and they need to be a subdivision of a state or municipal government. These are called constitute authorities or “on behalf of issuers and” this is what is being done in this situation. They are using the ability to access the tax exempt market to reduce the project cost.

Mr. Bush then wondered if that meant that the financing was not entirely in place for the project.

Mr. Andreucci replied that they have a pretty strong commitment from the underwriters who  they believe tcan sell the bonds and that they will also sell the bonds.  He is confident that there won’t be any issues with this.

Mr. Bush then wondered if there was grant money or funding coming from Orange County for the project?

He was told that Orange County was not providing any grant money.

There were no further questions so the vote was taken.  It was 4 in favor and none opposed.  A complete copy of the resolution as voted on can be found here (http://goo.gl/kgOANI)

Mr. Andreucci asked if the Board were going to schedule a public hearing for the Special Permit for Tuxedo Farms. 

Town Attorney Howard Protter replied that the Board was waiting to receive a “complete list” of items from the Planning Board as they did not wish to have two separate public hearings.

The meeting was then adjourned. 

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Agenda for Special Town Board Meeting January 7, 2015

Call to Order
Pledge of Allegiance

1. Resolution to Authorize the Establishment of the Tuxedo Farms Local Development Corporation

Adjourmnent

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