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General News: Town to Negotiate With NYMA on Possible Sale

Town council members confer before the start of the meeting about NYMA.
Town council members confer before the start of the meeting about NYMA.
NYMA Superintendent Capt. Robert Watts addressed the people at the meeting.
NYMA Superintendent Capt. Robert Watts addressed the people at the meeting.
June 08, 2010

The Cornwall town board agreed on Monday to begin formal negotiations with the New York Military Academy to see if they could agree on a sale of the financially beleagured property to the town. Town board members also voted to authorize a planning consultant to look into the suitability of the property for public purposes.

According to town attorney Stephen Gaba, the use of public funds to purchase a property like NYMA is allowed if the purchase benefits the public good, like the future economic vitality of the area.

School Superintendet Says They Are Willing to Negotiate


NYMA’s superintendent Captain Robert Watts spoke at the meeting, which was attended by about 65 people, mostly residents who had a lot of questions about the future of the military school. Captain Watts assured the crowd that the NYMA trustees are willing to work with the town council on a purchase agreement but he cautioned that time is running out.

“NYMA has gone on record that we needed $2.5 mllion by the first of June. We need seven million by the 30th of June and overall we have raised $32,000,” Watts said. “Have I given up hope yet? ‘No.’ Is the light getting awfully dim? ‘Yes.’

NYMA Board Considering Other Proposals


Watts did not dismiss the possibility that the school’s board of trustees would accept one of the other offers that have been made to NYMA, noting that the board has to fulfill its fiduciary responsibility. He did not say what other proposals the board is considering.

In late April the board announced that it is suspending operations at the end of this school year and will decide this month whether to keep the school open in September or shut it down at the end of the month. Watts said a decision to close would be followed by a decision to officially put the school up for sale.

Residents Call for Fast Action by Town

Several people who spoke at the meeting wanted to know why the town council had not moved more quickly to develop a proposal to NYMA. Town council member Randy Clark also questioned why the town attorney was given this special assisgnment without a discussion by the council members and he asked if the town attorney could work on the project in a timely fashion so it could become a viable alternative for the school.

Former Cornwall supervisor Dick Randazzo advised the council to get NYMA to agree to have its property annexed into the village of Cornwall-on-Hudson as part of the framework for negotiations between NYMA and the town.

Cornwall town supervisor Kevin Quigley remained confident that if NYMA and the town can begin to agree, they could work with the school’s lenders to buy some time on the payment of its debt that is due on June 30th.



Comments:

NYMA needs millions just to stay alive for another year. That's a year, not forever. The option of floating the school with money is no different than that useless bailout system the feds have. The town needs to move much faster and more decisively. We have to realize that the rest of the world does not move as slow as Cornwall. They will not wait for us, and we will be left in the dust of uncontrolled development.
REMEMBER THE WELLS!


posted by J Klein on 06/08/10 at 6:09 AM

I want support Randy Clark in his comments about the qualifications of the town counsel, and the ability to effectively handle the NYMA situation.

The towns in Rockland have faced this issue for years, and even with firms specializing in these types of issues, they have met extreme opposition and challenges in maintaining control in situations similar, if not the same, as what Cornwall is up against. I certainly did NOT leave the meeting last night with a feeling of comfort that the town counsel adequately explored options. Couple that with the fact that the Village has hired counsel that actively represents one of the main organizations currently interested in the property, as well as counsel who, in the past, has lost in direct challenges on some of the issues the Town may soon face, it?s frightening to think of how easily the wool could be pulled over all of our eyes.

The Town needs a firm that has experience in these situations. The firm needs to be proficient in dealing with eminent domain (more than with just easements and sidewalks?.), public use and religious laws in order to adequately counsel the Town. The lack of options presented and the mere admission by counsel of his inexperience in these areas has put the board on notice of failed proficiencies.

Add more to this: if the Town does find a way to purchase the property (with or without leasing back to NYMA) there could VERY easily be a lawsuit from another organization who has made its interest clearly known. The Town needs to have an iron clad offense, not a reactive defense.


posted by Rachael Skigen on 06/08/10 at 12:13 PM

Please copy the following and put it into your browser for a wiki-snippet of the Village of Airmont and its creation.

http://en.wikipedia.org/wiki/Airmont,_New_York

I can assure you there were more pitfalls then a field full of gophers. I lived there through it. As others have said you must be very carefull what you say, be ready for long drawn out court battles and be ready to be accused of things that are not true. But as the creation of Airmont showed anything is possible. As Rachael points out you need Attorney's who are well versed in this part of law and willing to take the case. Many would rather not believe me.


posted by P W on 06/08/10 at 12:37 PM

I can't agree more with those who are calling for new legal representation for the town on this matter. The peoblem as I see it is the town board has allowed Steve Gaba, (current town attorney), to act as supervisor for some time now although no one has ever cast a vote for Mr. Gaba. The town and it's residents need the best legal minds available on this subject and the present legal representation is not that.
As for the town board.....I believe they do a fine job with the day to day business of the town but anything out of the norm and they freeze. I am encouraged by what seems to be a proactive approach by the board on this matter but bottom line is we need results.....failure is NOT an option with the NYMA property.


posted by Gerry Wagner on 06/08/10 at 3:06 PM

This is exactly why the Mayor and one trustee in the village wanted to hire council that would represent the best interest of the village but as you had seen with conflicts regarding this issue in the village smart minds that want the best for us don't always prevail in their request. I agree that if Cornwall wants to rebuild and keep things quaint it needs to retain a lawyer that will look out for Cornwall. I have heard from residents that attended the town meeting regarding NYMA and they feel that the town council is not looking out for the best interest of Cornwall. And I see it here on the web site. How disconcerting. And for the people of the village please get to know your mayor as he really does have the villages best interest at heart.


posted by J Buescher on 06/08/10 at 3:48 PM

Well this is a step in the right direction. As I have mentioned before, the town needs to retain a stellar law firm that is well versed in property matters to protect its interests and ensure that this sale goes through.


posted by Bradford Smith on 06/08/10 at 4:25 PM

I keep seeing that many still believe that NYMA is part of the Village. After all the posts setting it straight it amazes me. NYMA is in the TOWN and it is the TOWN that needs to hire Attoneys versed in this matter NOT the Village. And I know the Major and believe he has his own best interests at heart and not the Village. My opinion. We'll certainly see how the Village feels come March as we did last March during the Trustee race.


posted by P W on 06/08/10 at 5:15 PM


Gentlemen,

I ran our situation by NYC Lawyer Ron Rossi who availed himself for a best judgment call on how to go.

Ron and his Firm additionally may have ways to access Philanthropic resources
to assist in NYMA'S successful reorganization along with crafting the Legal aspects for Cornwall's Leasing back arrangement.

I have been in touch with
Ron at length concerning NYMA and is genuinely interested in it's survival.

His Firm has extensive background in this field and is a Best Choice in effective contacts and Legal coverage.

As he has offered to speak openly, please contact him at your convenience.

http://www.kasowitz.com/attorney/detail.aspx?id=17798d28-d7df-461b-8ee7-516d14f44da3&fromsearch=yes

Respectfully,


Brian M.Tourville


posted by brian tourville on 06/09/10 at 4:00 AM

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