Meeting Overview

 

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

December 17, 2019

This meeting was opened at 7:30 PM. Supervisor Day presided and Rosana Sfraga, Town Clerk, called the roll.

 

Present were:

Paul Valentine, Councilman

Thomas Diviny, Councilman

Denis Troy, Councilman

Jerry Bottari, Councilman

Christopher Day, Town Supervisor

 

 

Also Present:

Michael Lawler, Deputy Supervisor

Amanda Hyland, Supervisor’s Confidential Assistant

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

Aric Gorton, Supt of Parks-Rec & Building Maint.

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

 

Pledge  of  Allegiance  to  the  Flag:  Esta Baitler

 

ANNOUNCEMENTS:

 

The Town of Orangetown will be sponsoring a Holiday Coat Drive along with the other four Towns. The program runs now, through December 23rd and the Towns will be competing against each other to collect the most coats. We are collecting coats for children and adults alike and they can be dropped off in the bin inside the entrance of Town Hall. At the end of the competition, all coats will be cleaned by local dry cleaners, free of charge, and donated to a worthy charitable organization (People-to-People of Rockland) for distribution.

New Online Streetlight Repair Request Form – Orangetown Website under “How Do I?”

 Orangetown will be hosting two public information sessions regarding its participation in the Community Choice Aggregation (CCA) Program:

Wednesday, December 18th 7:00 – 8:30 pm Greenbush Auditorium 20 Greenbush Rd., Orangeburg and

Saturday, January 11th 11:00 am – 12:30 pm Orangetown Town Hall, Courtroom 1, 26 W. Orangeburg Rd., Orangeburg

The Program team can also be contacted by phone or email: Phone: 845-859-9099 Email: CCA@HudsonValleyEnergy.org

 

DISCUSSION:  WORKSHOP OF AGENDA ITEMS

 

RESOLUTION NO. 662

OPEN PUBLIC HEARING / ZONING TEXT AMENDMENT / GALWAY BAY / 21 N WILLIAM ST & 14-16 N MAIN ST, PEARL RIVER / 68.16-67 / FROM PAC TO PAC UNDER NEWLY ADOPTED PAC REGULATIONS (LOCAL LAW 7, 2019)

 

RESOLVED, that the Public Hearing to consider the petition of Galway Bay, is hereby opened.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings; and mailing and comments from outside agencies, which are labeled Exhibit 12-C-19 and made a part of these minutes.

 

Summary of Public Comments:

Brian Quinn, Attorney for Petitioner, explained the ZBA had concerns about the Planned Adult Community (PAC) zoning law and variances and referred them back to the Town Board.  He again described the site plan and said no changes have been made since the original was submitted in July 2018.

 

Mark Griffith, Pearl River, questioned whether the basement square footage was used in figuring parking spaces.  We do not want to follow the planning of the movie theater conversion.

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 663

CLOSE / PUBLIC HEARING / ZONING TEXT AMENDMENT / GALWAY BAY / 21 N WILLIAM ST & 14-16 NMAIN ST, PEARL RIVER / 68.16-67 / FROM PAC TO PAC UNDER NEWLY ADOPTED PAC REGULATIONS (LOCAL LAW 7, 2019)

 

RESOLVED, that the Public Hearing regarding the petition of Galway Bay is hereby closed.

 

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

RESOLUTION NO. 664

NEGATIVE DECLARATION / ADOPTION OF LOCAL LAW NO. 8, 2019 / ZONING TEXT AMENDMENT / GALWAY BAY / 21 N WILLIAM ST & 14-16 N MAIN ST, PEARL RIVER / 68.16-67 / FROM PAC TO PAC UNDER NEWLY ADOPTED PAC REGULATIONS (LOCAL LAW 7, 2019)

 

WHEREAS, the Town Board of the Town of Orangetown (the “Town Board”) is the duly elected legislative body of the Town, authorized to adopt zoning text amendments to the Town’s Zoning Law, and an involved agency under the State Environmental Quality Review Act (“SEQR”) with respect to the adoption of zoning text amendments applicable to property located within the Town of Orangetown; and

 

 

RESOLUTION NO. 664 – Continued

 

WHEREAS, by Petition dated as of November, 2019, and accompanying application, Dionne’s Way, LLC, as owner of property located in the Hamlet of Pearl River, located at 14-16 North Main Street (aka 21 North William Street) sbl 68.16-6-67, formally petitioned the Town Board to revise the zoning classification of the said property from Planned Adult Community (PAC), formerly, Community Shopping (“CS”) to Planned Adult Community (“PAC”) in accordance with the provisions of Local Law No. 1 of 2004, as subsequently amended, including but not limited to Local Law No. 7 of 2019, by which the PAC zoning district was created as a “floating” district; and

 

WHEREAS, following its filing with, and receipt by, the Town, the Town Board caused to be circulated the said Petition and supporting documents amongst all other involved and/or interested agencies notice of its intention to assume Lead Agency status for the purpose of environmental review of the above referenced action; and

 

WHEREAS, more than thirty (30) calendar days have passed since the Town declared its intent to be Lead Agency for environmental review, and no other involved agency has expressed a desire or intent to act as Lead Agency, or otherwise has sought to contest the Town Board’s authority to act in that capacity with respect to the referenced action, the Town Board has assumed the role of Lead Agency for environmental review; and

 

WHEREAS, the Town Board, acting in its capacity as Lead Agency for environmental review, having carefully considered all of the potential environmental impacts that might result from the proposed action, has concluded that there will be no significant environmental impacts or effects caused or occasioned by the change in the zoning classification of the subject parcel and its eventual improvement with a combination of retail/community shopping uses and active adult or senior residential housing,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the findings and conclusions relating to probable environmental impacts contained in the Short Form and Long Form Environmental Assessment Forms, and in the Negative Declaration annexed hereto, and authorizes the Town Supervisor, or his designated agent, to execute the Environmental Assessment Form and to file the Negative Declaration in accordance with the applicable provisions of law; and

 

BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor, or his designated agent, to take such further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency.

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion:  5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 665

ADOPTING LOCAL LAW NO. 8 OF 2019 / ZONING TEXT AMENDMENT

 GALWAY BAY / 21 N WILLIAM ST & 14-16 N MAIN ST, PEARL RIVER / 68.16-67  FROM PAC TO PAC UNDER NEWLY ADOPTED PAC REGULATIONS

 (LOCAL LAW 7, 2019)

 

WHEREAS, the Town Board of the Town of Orangetown (the “Town Board”) is the duly elected legislative body of the Town, authorized to adopt zoning text amendments to the Town’s Zoning Law; and

 

WHEREAS, by Petition received as of November 6, 2019, and accompanying application, DIONNE’S WAY LLC, as owner of property located in the Hamlet of Pearl River, identified as 21 North William Street and 14-16 North Main Street located on the West side of

RESOLUTION NO. 665 – Continued

 

North William Street and East side of North Main Street, and shown on the Tax Map of the Town of Orangetown as SBL 68.16–6–67, formally petitioned the Town Board to change the zoning classification of the said property from Community Shopping (”CS”) to Planned Adult Community (“PAC”) in accordance with the provisions of Local Law No. 1 of 2004, as subsequently amended, by which the PAC zoning district was created as a “floating” district; and

 

WHEREAS, after notice duly given, and no other involved agency having expressed a desire or intention to act as Lead Agency, or otherwise having contested the Town Board’s authority to act in that capacity with respect to the referenced action, the Town Board assumed the role of Lead Agency for environmental review in connection with the action; and

 

WHEREAS, by resolution duly adopted of even date herewith, but prior to the adoption of this resolution, the Town Board, acting in its capacity as Lead Agency for environmental review, concluded that there will be no significant environmental impacts or effects caused or occasioned by the change in the zoning classification of the subject parcel and its eventual improvement with a combination of retail/community shopping uses and active adult or senior residential housing; and

 

WHEREAS, in addition to the Petition, the Town Board also has considered, among other things, the following documents and/or comments in furtherance of its obligation to evaluate whether the proposed site is both eligible and appropriate for PAC zone designation:

 

(1)      a project description, Concept Plan and proposed Site Plan (with proposed bulk and lot controls);

(2)      a traffic impact report from Harry Baker & Associates, dated November 27, 2017;

(4)      a vicinity map;

(5)      A market analysis provided by Kevin Joyce, Joyce Realty.

(6)      Short Form Environmental Assessment Form;

(7)      The comments of the Rockland County Planning Department pursuant to GML § 239 l & m, dated December 16, 2019;

(8)      The comments of the Town of Orangetown Planning Board dated December 16, 2019.

 

and,

 

WHEREAS, the members of the Town Board, in general terms, are also each personally familiar with the location of the proposed development, including its proximity to the nearby roadways, parking and other development in the area; and

 

WHEREAS, following notice duly and properly given, a public hearing was conducted on the Petition, at which the Petitioner provided testimony and other evidence regarding various aspects of the mixed use proposed for the site under consideration, including consultants on design, market absorption, taxes and other such matters; and

 

WHEREAS, on the public hearing, members of the public were afforded the opportunity to speak concerning the proposed zone change and contemplated development, and

 

WHEREAS the Town Board has considered both the need for active adult housing within the Town as contemplated by the adoption of the PAC zoning classification, and the likely impact of such a development on the downtown Pearl River area; and

 

WHEREAS, the Town Board previously approved amending the Town’s zoning map and zoning law to change the classification of this property from CS to PAC on July 17, 2018 and the PAC law has since been modified to provide the Town Board with additional flexibility with respect to certain bulk requirements when granting a PAC zone change;

 

NOW, BASED ON ALL OF THE INFORMATION BEFORE THE BOARD, AND THE FINDINGS HEREINAFTER MADE, BE IT RESOLVED, that the Town Board hereby adopts Local Law No. 8 of 2019, amending the Town’s zoning map and zoning law to change the zoning classification from PAC (Formerly CS) to PAC under the amended PAC zoning law adopted pursuant to Local Law no. 7 of 2019, of a certain property located in the Hamlet of Pearl

RESOLUTION NO. 665 – Continued

 

River, identified as 21 North William Street and 14-16 North Main Street located on the West side of North William Street and East side of North Main Street, and shown on the Tax Map of the Town of Orangetown as SBL 68.16–6–67, subject to conditions as set forth herein, which Local Law hereby supercedes any previous approvals granted for the subject property.

 

Specific Findings Relating to the Instant Petition 

 

Pursuant to Chapter 43, Subsection 4.6.12, the Town Board makes the following specific Findings of Fact, pertaining to the instant Petition:

 

Marketability of the Proposed Units

Based on the market information provided by the Petitioner, it appears that there presently a need for rental housing in the downtown Pearl River area, meeting the specific needs and concerns of those in the 55 and older active adult age group.  As of the date of this resolution, in the Town of Orangetown, there have been other sites that have been re-zoned for a Planned Adult Community use worthy of note for consideration here, in particular sites predominated by condominium ownership consisting of a site located on South Middletown Road, in the hamlet of Pearl River, on which eleven (11) adult units have been approved, two sites located on Veterans Memorial Drive, one that is  immediately adjacent to the site of the Hilton Hotel, known as the “Hollows”, on which 124 units have been developed.  In addition, a site on Blue Hill Road West, east of the Blue Hill Plaza complex known as “The Pointe” has been developed with approximately 160 rental units, and a  site known as “Skyline Plaza” located essentially next to the proposed site at a former movie theater with approximately 14 rental units.  Only the former movie theater site is located in down town Pearl River, which provides walking access to restaurants, shopping, and both rail and bus transportation.

 

Potential Saturation Within and About the Geographic Area of the Proposed Zoning Amendment. 

 

Based on the findings set forth above, and other analyses relating to the number of eligible prospective occupants for the 16 units from within and without the Town, and the need for active adult rental housing in the relevant market area, the Town Board concludes that the approval of the instant zoning amendment, permitting the construction of up to 16 active adult housing units, will not saturate the neighborhood in which the site is located.

 

Suitability of the Site for Senior Housing; Vehicular Access, Transportation, Walking and Traffic Concerns in General.

 

The proposed residential component of the development will be age restricted and consist of 16 rental apartments above one or more ground floor community shopping / retail units.

 

The site is located in the center of the downtown Pearl River, convenient to mass transportation, downtown shopping and dining and other activities.

 

The apartments are moderately sized — one-bedroom and two bedroom units, in the 750 to 1000 sq. ft. range — and, thus, are not likely to attract more than 2 to 3 occupants each.  They will be serviced by an elevator, and, as such, particularly suited to the active adult population.

 

Based on the letter report of Harry Baker & Associates, the proposed mixed use will generate three vehicle trips during the AM peak hour and five vehicle trips during the PM peak hour.  There will be minimal impact on surrounding intersections based upon the analysis.

 

Parking

 

The project provides for 38 parking spaces on site.  For the residential aspect of the project, 24 spaces are required by statute.  However, 44 additional spaces would be required for parking for the commercial occupants on the first floor, for a total of 68, if the previous underlying zone of CS is used for calculation purposes.  The proposed on-site parking is less than what is required.  Chapter 43, §4.69(B)(1) of the Town Code related to PAC zoning

RESOLUTION NO. 665 – Continued

 

provides that the Town Board may modify the lot and bulk controls, which includes parking. §4.63 (C) specifically permits mixed use buildings including ground floor uses such as retail stores, personal service establishments, offices and restaurants, however, the parking requirements for same are not specified, although under the previous zoning, the commercial aspect would require 1 space per 200 sf of commercial space.  The PAC only indicates 1.5 spaces for dwelling unit.  As part of this approval and the authority to modify lot and bulk controls in PAC Zones, including mixed use projects, the Board hereby adopts the minimum off-street parking requirements for this project to be 1.50 parking spaces per dwelling unit, making the requirement of parking for the residential aspect of the project 24 spaces.  The remaining 14 spaces shall be designated for the commercial uses on the first floor of the mixed use.  The nearby commuter lot and off street parking is adequate to address the parking needs for the commercial units below, as well as available overnight permits to address any additional parking needs for the residential use.

 

 

Compatibility of a Planned Adult Community Project With the Surrounding Environment.

 

The proposed senior housing component of the project is compatible with the surrounding uses which include a mix of commercial, retail, dining and residential uses.

 

The Petitioner has presented to the Town Board a proposed site development plan prepared by Jay A. Greenwell, PLS, building and parking, with the existing, and proposed lot and bulk controls.

 

Maximum Unit Count

 

By reason of the proposed site development plan, the Town Board further establishes 16 units as the maximum number of residential units permitted on the site.

 

 

Other Findings and Conditions

 

• Site Development Plan and Other Required Municipal Approvals

 

The adoption of this resolution granting the requested zoning amendment from CS to PAC based upon the site development plan dated 11/20/2017, last revised 8/13/2018 and related materials is not intended, nor shall it be interpreted, to circumvent or usurp the authority of the Planning Board or of any other land use board having authority over site specific details.  The petitioner must apply for and receive all appropriate site development plan approvals and abide by any and all conditions thereof, including but not limited to land reserved for recreation or money in lieu thereof pursuant to Chapter 21A-9.1(E) of the Town Code.

 

• Age Limitations Under the PAC Designation

 

As required by § 4.6.5 of Local Law No.1 of 2004, occupancy of the units to be developed on the site as a result of this zoning amendment shall be restricted to persons 55 years of age or older, or couples, one of whom is 55 years of age or older.  Persons less than 21 years of age shall not be permanent residents under any circumstances.  Households containing one or more adult handicapped persons (over the age of 21) shall also be eligible.

 

The Petitioner, prior to the conveyance of the first unit, shall file with the Rockland County Clerk, in a form both recordable and acceptable to the Town Attorney, a covenant, which shall run with land and bind all Petitioners and subsequent Petitioners, restricting the occupancy of the units within the PAC development as set forth in this resolution.

 

• Parking

 

As addressed infra, in connection with the Board’s review of the County Planning Department’s comments, the housing units, and the occupant’s thereof, are subject to whatever parking regulations shall apply, now or in the future, within the downtown area, including those that limit

RESOLUTION NO. 665 – Continued

 

overnight parking.  Nothing in this Local Law is intended to, nor shall it, absolve any person of the obligation to comply with such regulations.  The Board finds that Chapter 24 of the Town Code provides for 24/7 parking permits which may alleviate parking issues for residents of the proposed project.

 

• Contribution Toward Parking Improvements

 

In recognition of the immediate impact upon municipal parking imposed by the proposed zone change and development, this zone change is expressly conditioned on payment by the Petitioner for the benefit of the Pearl River Parking District the sum of $60,000.00, the full sum to be paid prior to the signing of an approved Site Plan as approved by the Planning Board.

 

• Maximum number of bedrooms per unit

 

The building shall consist of one and two bedroom units only, no three or more bedroom units are permitted.  The building shall have no more than ten 2 bedroom units.   The Planning Board shall determine the location, size and distribution of the units as part of its site plan review, with these conditions applicable.

 

• Lot and Bulk Controls

 

Pursuant to Town Zoning Law § 4.69(B), the Town Board hereby modifies the lot and bulk controls for this site, which is a “redevelopment site within a CS District”, and establishes as the applicable lot and bulk controls those that appear on the site development plan submitted by the Petitioner.

 

The Lot and Bulk controls for this zone change are therefore as set forth below.  Items marked with an a * are hereby modified in accordance with §4.69(B)(1).  **Minimum Lot Area, Maximum Floor Area Ration and Maximum Density Modifications require a majority plus one vote.  All others are as determined pursuant to this Local Law:

 

 

REQUIRED                       PROVIDED

Per §4.69(A)                           AND ESTABLISHED AS

MODIFIED

PURSUANT TO THIS LOCAL LAW Per §4.69(B)

 

Minimum lot area              1 Arce                                    .54 acre**

 

Base Density                       6 Dwelling Units Per Acre   16 units (29.6)**

   dwelling units

   per  acre

 

Potential Bonus Density*  1 dwelling unit per acre         N/A

 

Maximum Floor area Ratio      .40                                    1.15**

 

Maximum Building Coverage TBD                                       0.379

Minimum Open  Space           TBD                                       None

Maximum building height       is 2 stories or 35 feet,         3 stories and*

Unless otherwise specified    34’8”

By Town Board as part of

PAC approval, in which 3

Stories may be allowed

 

Minimum Perimeter Buffer       TBD                                       None

 

RESOLUTION NO. 665 – Continued

 

Minimum Yards **                          Unless otherwise specified by the Town Board as

part of PAC approval, the following yards shall be

provided;

 

Minimum Front Yard Minimum Side Yard Minimum Rear  Yard	TBD TBD TBD	0 feet 0 feet 0 feet
Minimum Street Frontage	100 feet	100 feet and  90 feet*
Minimum off-street parking	1.5 spaces per dwelling unit	1.5 spaces per dwelling unit
Minimum indoor/outdoor Recreation	TBD	NONE

 

A motion was made to modify the Minimum Lot Area, Maximum Floor Area and Maximum Density as provided above pursuant to §4.69(B)(1).  The motion was made by Councilman Paul  Valentine, Seconded by Councilman Denis Troy.  On a roll call vote, the votes were as follows:

 

Councilman Jerry Botari                     Aye

Councilman Thomas Diviny               No

Councilman Denis Troy                      Aye

Councilman Paul Valentine               Aye

Supervisor Christopher Day               Aye

 

The motion passed by a supermajority vote of 4 -1.

 

Rockland County Planning Department Conditions

 

The Town Board has received, and has considered, the General Municipal Law § 239 l & m review letter, dated May 8, 2018 submitted by the Rockland County Department of Planning, and responds to its comments and conditions as follows:

 

County Comment 1 indicates site appears to be deficient in meeting many of the criteria of the PAC zone, including density, lot size and parking.  In addition, no recreational facilities, site improvements, visitor parking, clubhouse, gatehouse or landscaping are provided.

 

Response: To the extent that this constitutes a modification, the Town Board hereby votes to override County Planning Comment No. 1.  The basis for this override is that the unique characteristics of the site, including its location in down town Pearl River and its proximity to public transportation set forth herein, make the required modifications to the lot and bulk controls set forth above appropriate.  The PAC overlay statute provides for many lot and bulk controls “to be determined” based upon the specific site, as such, flexibility in design and requirements was anticipated when the statute was passed, including the newly enacted flexibility regarding maximum lot area, base density, and maximum floor area.  With that said, the petitioner must still obtain appropriate variances as set forth herein.  In addition, the applicant shall be required to provide a fee in lieu of recreation as part of site plan approval.

 

Motion to Override was made by Councilman Denis Troy, Seconded by Councilman Paul Valentine and on a roll call vote, the Board voted to override comment number one as follows:

 

Councilman Jerry Botari:                    Aye

Councilman Thomas Diviny:              No

Councilman Denis Troy:                     Aye

Councilman Paul Valentine:               Aye

Supervisor Christopher Day:              Aye

RESOLUTION NO. 665 – Continued

 

The motion passed by a supermajority vote of 4 -1.

 

County Comment 2, indicates that the Town Board must be satisfied that all of the criteria for rezoning to PAC pursuant to Section 4.6, Chapter 43 are met.  Specifically, the County indicates the Town must determine if frontage along a major or secondary road way is met.

 

Response: The Town Board is satisfied and hereby determines that the property “fronts” and has access to both North Main Street and North William Street, and that these are roads the meet the criteria as provided for in the code regarding secondary roadways.  In addition, the property is located only one or two parcels away from Washington Avenue and Central Avenue on both sides, both of which are easily accessible from the site.

 

County Comment 3 indicates that a review must be completed by the Rockland County Highway Department and any concerns addressed.

 

Response: The Rockland County DOH was provided a copy of the proposed local law more than thirty days prior to its adoption.  As of the date of adoption, County DOH has not provided any comments.

 

County Comment 4 indicates that the application materials omitted the block when identifying the tax parcel.

 

Response: The local law adopted herein reflects the correct tax lot number as 68.16-6-67 of the subject parcel.

 

Further Conditions of Approval:

 

Pursuant to Town Code 4.612(D), the Town Board expressly reserves the right and the authority to review any proposed site development plan before preliminary approval by the Planning Board to determine whether, in the judgment of the Town Board, the proposed plan or plat does not substantially deviate from the final concept plan or layout presented to and reviewed by the Town Board as part of the zone change process.  The applicant shall comply with the process as set forth in the Town Code for such review.

 

The aforesaid resolution was moved by Councilman Paul Valentine seconded by Councilman Denis Troy, and adopted by a vote of 4 Ayes 1 Nays and zero Abstentions, as follows:

 

 

Aye                  Nay                  Abstain

 

Councilman Jerry Botari           X

Councilman Thomas Diviny                             X

Councilman Denis Troy            X

Councilman Paul Valentine      X

Supervisor Christopher Day     X

 

Dated:  Orangeburg, New York

December 17, 2019

 

 

Schedule “A” Description of Premises

 

All that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Pearl River, Town of Orangetown, County of Rockland and State of New York being described as the NORTHERLY 40 feet of Lot 16 and all of Lots 17, 8 and 7 in Block 8 as shown on a map entitled “Commissioner’s Map of the Estate of Julius E. Braunsdorf, deceased, at Pearl River, New York, resurveyed by L. Wilson, as assistant to James S. Haring, C.E. dated August 1983” and filed in the Office of the Clerk of the County of Rockland on March 26, 1894.

RESOLUTION NO. 665 – Continued

 

BEGINNING at a point on the Westerly side of William Street distant 150 feet Southerly from the corner formed by the intersection of the Westerly side of William Street and the Southerly side of Washington Avenue; running thence Southerly along the Westerly side of William Street South 03 degrees 4 minutes 33 seconds West 90 feet to the Northerly side of a 10 feet right of way; running thence Westerly along the Northerly side of said 10 feet right of way, parallel with the Southerly side of Washington Avenue, North 86 degrees 35 minutes 27 seconds West 150 feet; running thence Southerly along the Westerly side of said 10 feet right of way, parallel with the Westerly side of William Street, South 03 degrees 24 minutes 33 seconds West 10 feet to an iron pipe; running thence North 86 degrees 35 minutes 27 seconds West 50 feet to an iron pipe; running thence North 77 degrees 09 minutes 07 seconds West 60 feet to a point on the Easterly side of Main Street; running thence along the Easterly side of Main Street, North 12 degrees 50 minutes 53 seconds East 100 feet to an iron pipe running thence South 77 degrees 09 minutes 07 seconds East 94 feet, running thence North 03 degrees 24 minutes 33 seconds East 6.40 feet; running thence Easterly and parallel with the Southerly side of Washington Avenue, South 86 degrees 35 minutes 27 seconds East 150 feet to the point or place of Beginning.

 

TOGETHER with an easement for all purposes of ingress and egress in, over and upon the Southerly 10 feet of Lot 16 as shown on the aforementioned map.

 

Identified further as 21 North William Street and 14-16 North Main Street located on the west side of William street and east side of North Main Street, and shown on the tax map of the Town of Orangetown as SBL 68.16–6–67

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and on a roll call was Adopted:

 

Motion:  4 – 1

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine

Supervisor Christopher Day

Noes: Thomas Diviny

 

 

RESOLUTION NO. 666

OPEN PUBLIC HEARING / CONSIDERATION OF APPROVAL

MAP OF PEARL RIVER FIRE DISTRICT

 

RESOLVED, that the Public Hearing for Consideration of Approval / Map of Pearl River Fire District, is hereby opened.

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Posting; which are labeled Exhibit 12-D-19 and made a part of these minutes.

 

Summary of Public Comments:

There were no comments from the public.

 

 

 

RESOLUTION NO. 667

CLOSE PUBLIC HEARING / CONSIDERATION OF APPROVAL

MAP OF PEARL RIVER FIRE DISTRICT

 

RESOLVED, that the Public Hearing for Consideration of Approval / Map of Pearl River Fire District, is hereby closed.

 

RESOLUTION NO. 667 – Continued

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 668

APPROVAL OF MAP OF THE PEARL RIVER FIRE DISTRICT

 

WHEREAS Town Law §176(5) requires fire districts to prepare a map showing the exact boundaries of the fire district, and

 

WHEREAS, the Board of Fire Commissioners of the Pearl River Fire District has requested the Town Board of the Town of Orangetown approve the Pearl River Fire District Boundary Map labeled “Pearl River District 12” as prepared by the Rockland County Planning Department – Geographical Information Systems (GIS) and dated September 2009; and

 

WHEREAS said Pearl River Fire District Boundary Map was accepted and approved by the Board of Fire Commissioners of the Pearl River Fire District at a regular meeting held on April 10, 2012;

 

WHEREAS the Pearl River Fire District (the “Fire District”) has complied with the provisions of Town law §176(5), and

 

WHEREAS the Pearl River Fire District has provided the Town Board of the Town of Orangetown, New York (the “Town”) with the proposed map and proof of service upon adjacent fire districts of the proposed map, and

 

WHEREAS the Town Board has been advised and believes that no objections to the proposed map have been filed,

 

NOW THEREFORE, BE IT RESOLVED as follows:

 

1. 1. That the proposed map of the Pearl River Fire District is hereby approved.
2. 2. The Town Clerk, pursuant to Town Law §176(5) is directed to notify the adjacent fire districts of the filing and approval of the said map, to wit: the Blauvelt Fire District, the West Nyack Fire District, the South Spring Valley Fire District, the Orangeburg Fire District and the Nanuet Fire Distric
3. 3. That the Town Clerk is further directed to file a certified copy of the map in the Office of the Rockland County Clerk as well as to publish a notice of the filing of the said map in the official newspaper of the Town.

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 669

CONTINUE AND CLOSE THE PUBLIC HEARING / PROPOSED ZONE CHANGE 576 ROUTE 303 AND ADJOINING PROPERTIES / BIEBER

 

RESOLVED, that upon the Petitioner’s request of December 11, 2019, the Public Hearing for a Proposed Zone Change for 576 Route 303 and Adjoining Properties (Bieber) is hereby continued and closed with no further action.

 

RESOLUTION NO. 669 – Continued

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Thomas Diviny

Supervisor Christopher Day

Noes: None

Abstained:  Councilperson Paul Valentine

 

RESOLUTION NO. 670

OPEN PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby opened.

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

SUMMARY OF PUBLIC COMMENTS:

Esta Baitler, Sparkill, wished the Supervisor the best of luck in his new endeavors and wished everyone Happy Holidays.

Mike Mandel, Pearl River, believes a feasible study and a parking study should be done, regarding the Transit Oriented Development (TOD).  He asked whether the bond resolutions are additional bonds or paying off existing bonds.

 

RESOLUTION NO. 671

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby closed.

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 672

DOWNTOWN PEARL RIVER TRANSIT ORIENTED DEVELOPMENT(TOD) INTENTION TO SERVE AS LEAD AGENCY PURSUANT TO SEQRA

AND FULL EAF / CIRCULATION

 

WHEREAS, the Town of Orangetown has undertaken studies related to the development and adoption of the Pearl River Transit Oriented Development (“TOD”) Zoning District to further the purposes set forth in Article 16 of the Town Law of the State of New York for the protection and promotion of the health, safety, comfort, convenience, and general welfare of the Hamlet of Pearl River. The Pearl River train station will serve as a catalyst for orderly redevelopment, while preserving the TOD District’s unique character and scenic qualities; and

 

WHEREAS, the New York State Environmental Quality Review Act (“SEQRA”) (Article 8 of the Environmental Conservation Law) requires all state and local government agencies to equally consider environmental impacts with social and economic factors when discretionary decisions are being made; and

 

 

RESOLUTION NO. 672 – Continued

 

WHEREAS, the rezoning necessary for the adoption of the Pearl River TOD District is a discretionary action to be undertaken by the Town of Orangetown; and

 

WHEREAS, most activities in New York State proposed by a state agency or local government with a potential for significant environmental impacts require an environmental review in accordance with 6 NYCRR Part 617.10(a) of the SEQRA regulations (6 NYCRR, Part 617); and

 

WHEREAS, the rezoning is considered to be a Type 1 Action under SEQRA (Part 617.4), an action more likely to have a significant adverse impact on the environment, and therefore likely requiring the preparation of an Environmental Impact Statement (“EIS”); and

 

WHEREAS, a SEQRA Type 1 Action requires the preparation of a Full Environmental Assessment Form (“FEAF”) (Part 617.6). Coordinated review with other agencies is also necessary for Type 1 Actions (Part 617.6);

 

NOW THEREFORE BE IT RESOLVED, that in accordance with Part 617.6 of SEQRA (Part 617.6) the Town intends to serve as lead agency since it is the action proponent proposing the rezoning and is responsible for the adoption of the TOD Zoning District; and

 

BE IT FURTHER RESOLVED, that in accordance with Part 617.6 of SEQRA, the Town has prepared Part I of the FEAF for the purposes of initiating the SEQRA process and shall provide the FEAF and other relevant data on the proposed rezoning action to potentially interested and involved agencies and entities as part of the coordinated review process;

 

BE IT FURTHER RESOLVED, the Town Clerk, in coordination with the Town Attorney’s Office and OBZPAE, shall circulate Part 1 of the FEAF and all other necessary documentation for SEQRA review to all involved agencies as set required.

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

RESOLUTION NO. 673

APPROVE / FILM PERMIT / SEARCH PARTY, LLC

USE OF NIKE OVERLOOK PARK

 

RESOLVED, upon the recommendation of the Director of Economic Development, in accordance with Town Code Section 14C-6E, the Town Board hereby grants a license to Search Party, LLC for use of Nike Overlook Park for two days in December (12/11/2019 – 12/12/019) for purposes of filming in accordance with a validly issued film permit, and said license fee shall be in the amount of $10,000.00.

 

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

 

 

 

RESOLUTION NO. 674

APPROVE / FILM PERMIT / DAYLIGHT DAYCARE INC.

USE OF SOUTH ORANGETOWN LITTLE LEAGUE PARKING LOT

 

RESOLVED, upon the recommendation of the Director of Economic Development, in accordance with Town Code Section 14C-6E, the Town Board hereby grants a license to Daylight Daycare Inc. for use of South Orangetown Little League parking lot in Orangeburg for one day in December (12/16/2019) for purposes of filming in accordance with a validly issued film permit, and said license fee shall be in the amount of $1,500.00.

 

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

RESOLUTION NO. 675

APPROVE SETTLEMENT / MUHAMETAJ VS. ORANGETOWN

 

WHEREAS, there is a lawsuit pending before the New York State Supreme Court, County of Rockland, entitled Muhametj v. Town Of Orangetown, et al. (Sup. Ct. Rockland Co. Index No.033000/2018); and

 

WHEREAS, this litigation seeks declaratory relief concerning the zoning status of property located at 70 Hickory Hill Road (SBL 77.09-1-25) and monetary damages; and

 

WHEREAS, at a conference conducted by the New York State Supreme Court, County of Rockland on December 12, 2019, a proposed settlement of this litigation and all claims asserted therein was reached; and

 

WHEREAS, the Town Board has obtained the advice and assistance of its counsel, Keane & Beane, P.C., with respect to the proposed terms of settlement and duly considered same; and

 

WHEREAS, under these settlement terms, the 70 Hickory Hill Road parcel is to remain as a single, non-subdivided lot subject, if and when improved as a single parcel, to R-15 zoning development standards; and

 

WHEREAS, under the settlement terms, the Town of Orangetown will pay the sum of $575,000 to Plaintiff, who will provide a General Release to the Town of Orangetown extinguishing all asserted and unasserted claims against the Town of Orangetown;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves and authorizes the settlement of the aforementioned litigation, as set forth above; and

 

BE IT FURTHER RESOLVED, that the attorneys for the Town of Orangetown, Keane & Beane, P.C., together with the Town Administration and Staff, are hereby authorized to undertake such actions as are necessary to effectuate this settlement.

 

Councilman Jerry Bottari offered the aforesaid resolution, which was seconded by Councilman Denis Troy and on a roll call was Adopted:

 

Motion: 4 – 1

Ayes: Councilpersons Denis Troy, Jerry Bottari, Thomas Diviny

Supervisor Christopher Day

Noes: Councilperson Paul Valentine

 

 

RESOLUTION NO. 676

ACCEPT / RECEIVE / FILE DOCUMENTS / TOWN CLERK’SOFFICE

 

RESOLVED, that the following documents are accepted, received and filed in the Town Clerk’s Office:

 

1. 1. Agreement (Intermunicipal) between Town of Clarkstown, Haverstraw, Orangetown, Ramapo & Stony Point and the County of Rockland for Hi-Tor Animal Shelter.
2. 2. Town Board Minutes: 10/1/19, 10/22/19, 11/19/19 Regular Town Board Meeting; 11/12/19 & 12/3/19 Police Commission/Regular Town Board Meeting; and 11/19/19 Special Tow Board Meeting.
3. 3. Agreement: Keane & Beane for API Industries (Aluf Plastics) & for Sami Muhameta & Sami Construction.
4. 4. Agreement: FifteenFortySeven for storage of IT materials.
5. 5. Fire Districts Election Results: Sparkill-Palisades, Orangeburg, Tappan, Pearl River, Nyack Joint and Central Nyack.

 

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

 

RESOLUTION NO. 677

CREATE FOUR (4) MEO III POSITIONS / HIGHWAY DEPARTMENT

 

RESOLVED, upon the recommendation of Rockland County Personnel after the PO 27 process, the Superintendent of Highways and the Labor Management Committee, create four (4) MEO (Motor Equipment Operator) III, Grade 14. Prospective candidates will have to meet certain criteria as determined by the Superintendent of Highways to be eligible to be promoted.

 

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 678

AWARD BID / FURNISH & INSTALL / TWO NEW ROOF MOUNTED HVAC UNITS HIGHWAY DEPARTMENT / BERTUSSI CONTRACTING INC., PEARL RIVER

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids to FURNISH & INSTALL TWO (2) NEW ROOF MOUNTED HVAC UNITS, which were received and publicly opened on December 4, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 12-E-19, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, upon the recommendation from the Superintendent of Highways, this bid is hereby awarded to Bertussi Contracting Inc, Pearl River, NY, the lowest qualified bidder, in the amount of $ 73,550.00 (to be charged to Account # D.5112.457.04).

 

Councilman Jerry Bottari offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

 

 

 

RESOLUTION NO. 679

APPROVE / RESIDENTIAL ADOPT-A-SPOT / ETHAN ALLEN COURT

 

RESOLVED, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which Town has a place of business at 26 Orangeburg Road, Orangeburg, NY 10962, expressly authorizes & approves the Adopt-A-Spot Committee, a volunteer organization with Christopher Wadel as part of the Adopt-A-Spot Committee, to contribute toward the development & maintenance of a more attractive and litter-free Town Highway R.O.W. segment as described in the Highway Work Permit as Ethan Allen Court circle, center island, otherwise known as the “Spot,” by performing necessary and/or desired cleanup activities, as particularly set forth in & pursuant to the terms and conditions of the Town of Orangetown Highway Department Adopt-A-Spot Agreement between the Town of Orangetown Highway Department and Ethan Allen Court Adopt-A-Spot Committee, dated December 18, 2019.

 

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

RESOLUTION NO. 680

APPROVE / CARETAKER AGREEMENT/ NIKE PARK / 2% INCREASE

 

RESOLVED, that the caretaker agreement for the property located at 1 Nike Lane, Orangeburg, New York (Nike Park), with a TWO (2%) PERCENT increase, for a term from January 1, 2020 through December 31, 2020, between the Town and THOMAS IACOBELLIS is hereby approved and the Supervisor is hereby authorized to sign same.

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

RESOLUTION NO. 681

APPROVE / CARETAKER AGREEMENT / HENRY V. BORST PARK

 

RESOLVED, that the caretaker agreement for the property located at 212 North Main Street, Pearl River, New York (Henry V. Borst Park), with a fee of ONE THOUSAND TWO HUNDRED TWENTY-THREE AND 78/100 ($1,223.78) DOLLARS, for a term from January 1, 2020 through December 31, 2020, between the Town and Brian Edwards is hereby approved and the Supervisor is hereby authorized to sign same.

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

 

 

 

RESOLUTION NO. 682

APPROVE / MEMORANDUM OF UNDERSTANDING (MOU) 2020 / NY SHARKS SWIM TEAM / POOL USE / SOUTH ORANGETOWN MIDDLE SCHOOL

 

RESOLVED, that the Memorandum of Understanding between the Town of Orangetown and New York Sharks Swim Team LLC, for use of the pool located at the South Orangetown Middle School, for year 2020 in the amount of NINETEEN THOUSAND FOUR HUNDRED THIRTY-EIGHT AND 10/100 ($19,438.10) DOLLARS, is hereby approved and the Supervisor is hereby authorized to execute such Memorandum of Understanding.

 

Councilman Jerry Bottari offered the aforesaid resolution, which was seconded by Councilman Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

 

RESOLUTION NO. 683

AWARD BID / BROADACRES GOLF COURSE / GOLF CART LEASE

 

WHEREAS, the Superintendent of Parks, Recreation & Building Maint duly advertised for sealed bids for LEASING GOLF CARTS (Broadacres Golf Course), which were received and publicly opened on November 21, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 12-F-19, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation this bid is hereby awarded to EZ Go of Augusta, GA for a term of 3 years in the amount of $33,052.80 per year.

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

 

RESOLUTION NO. 684

APPROVE CHANGE ORDER / GENTILE CONSTRUCTION

CHIEF BILL HARRIS WAY DEMOLITION

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation, approve change order #1 in the amount of $19,950.00 to Gentile Construction for additional abatement of asbestos related to the demolition of structures on Chief Bill Harris Way. Original contract cost: $46,500.00. Adjusted contract cost: $66,450.00.

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

 

RESOLUTION NO. 685

ACCEPT DONATION / JOHN HICKEY MEMORIAL TREE

BLUE HILL GOLF COURSE

 

RESOLVED, upon the recommendation Orangetown Golf Advisory Committee and the Superintendent of Parks and Recreation accept with gratitude the donation of a tree to be planted in the memory of long time committee member John Hickey. The tree will be purchased by Golf Committee members and will be planted on the grounds of Blue Hill Golf Course in the spring of 2020.

 

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

 

RESOLUTION NO. 686

SET PUBLIC HEARING / ORANGEBURG COMMONS / ZONING TEXT AMENDMENT / CHANGING THE MAXIMUM PERCENTAGE OF TOTAL GROSS FLOOR AREA THAT CAN BE DEVELOPED FOR RETAIL, PERSONAL SERVICE ESTABLISHMENTS AND/OR RESTAURANTS IN MIXED USE DEVELOPMENTS TO 35% / CHAPTER 43 4.32(O)iv(b) & SPECIAL USE PERMIT APPLICATION TO INCREASE PERCENTAGE OF RETAIL, PERSONAL SERVICE ESTABLISHMENTS AND/OR RESTAURANTS IN ORANGEBURG COMMONS TO 34.55%

DECLARE INTENT TO BE LEAD AGENCY / SEQRA / AUTHORIZE CIRCULATION/REFERRAL TO PLANNING BOARD AND OTHERS

 

WHEREAS, the Town has received an application seeking an amendment to the Town Zoning Law, at Chapter 43, § 4.32(O)iv(b), to change to thirty five percent (35%) the maximum percentage of total gross floor area that can be developed for retail, personal service establishments and/or restaurants pursuant to a special permit issued for a Mixed Use Development under Section 4.32(O) of the Town of Orangetown Zoning Ordinance (the “Zoning Amendment”), together with an Application for an amendment of an existing special use permit, in the event the text amendment shall be approved and become effective, relating to property within the LI zoning district, in the vicinity of the intersection of State Rte. 303 and the Palisades Interstate Parkway (Exit 5 Interchange), in the Town of Orangetown on Parcels Section 74.15, Block 1, Lots 21./1, 21./2, 21./3, 21./4, and 21./5 commonly known as “Orangeburg Commons” to allow the percentage of retail, personal service establishments and/or restaurants in such development to be 34.55% (the “Special Permit Amendment”; the Zoning Amendment and the Special Permit Amendment, collectively, the “Action”); and

 

WHEREAS, upon review thereof, the Board makes the following preliminary determinations:

 

1. 1. The proposed Action is one subject to review under the State Environmental Quality Review Act (“SEQRA”);
2. 2. The proposed Action as an Unlisted action under SEQRA; and
3. 3. The following are involved or interested agencies in the review of the Action under SEQRA:

(1) Orangetown Planning Board;

(2) Rockland County Department of Planning;

(3) Rockland County Sewer District No. 1;

(4) Rockland County Drainage Agency;

(5) Rockland County Department of Health;

(6) N.Y.S. Department of Environmental Conservation;

(7) N.Y.S. Department of Transportation; and

(8) Palisades Interstate Park Commission (the “PIPC”); and

RESOLUTION NO. 686 – Continued

 

WHEREAS, the Zoning Amendment must be referred to the Town of Orangetown Planning Board (the “Planning Board”) for a report and recommendation, the PIPC, the Rockland County Planning Board, and all other Involved Agencies pursuant to state and/or local law;

 

WHEREAS, the Special Permit Amendment must be referred to the PIPC, the Rockland County Planning Board and all other Involved Agencies pursuant to state and/or local law.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares its intent to serve as Lead Agency for the purpose of environmental review of the Action, and directs that: (i) a Lead Agency Coordination Letter with relevant documents be circulated to and among the various above referenced agencies; (ii) the Zoning Amendment and relevant documents be referred to the Planning Board, the PIPC, the Rockland County Planning Board and all other involved agencies; and (iii) the Special Permit Amendment and relevant documents be referred to the PIPC, the Rockland County Planning Board and all other involved agencies.

 

AND, BE IT FURTHER RESOLVED, the Town Board sets January 28, 2020 at 7:45 pm, for a public hearing on the proposed Zoning Amendment and Special Permit Amendment for Orangeburg Commons.

 

Councilman Jerry Bottari offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 687

AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS BUILDINGS IN AND FOR THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $543,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $543,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1. The construction of improvements to various buildings in and for the Town of Orangetown, Rockland County, New York, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $543,000.

 

Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $543,000 bonds of said Town, hereby authorized, to be issued therefor pursuant to the provisions of the Local Finance Law.

 

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 12(a)(3) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

 

Section 4. The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of

RESOLUTION NO. 687 – Continued

 

said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

 

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by

Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 688

AUTHORIZING IMPROVEMENTS TO PLAYGROUNDS IN AND FOR THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $855,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $855,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1.        Improvements to playgrounds in and for the Town of Orangetown, Rockland County, New York, are hereby authorized, subject to permissive referendum, at a maximum estimated cost of $855,000.

 

RESOLUTION NO. 688 – Continued

 

Section 2.        The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $855,000 bonds of said Town, hereby authorized, to be issued therefor pursuant to the provisions of the Local Finance Law.

 

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

 

Section 4.        The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6.        All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

 

Section 7.        The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2)   The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)   Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8.        This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

Section 9.        Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Section 10.      THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by

Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

RESOLUTION NO. 689

AUTHORIZING IMPROVEMENTS TO THE BLUE HILL GOLF COURSE IN AND FOR THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $425,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $425,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1.        Improvements to the Blue Hill Golf Course in and for the Town of Orangetown, Rockland County, New York, are hereby authorized, subject to permissive referendum, at a maximum estimated cost of $425,000.

 

Section 2.        The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $425,000 bonds of said Town, hereby authorized, to be issued therefor pursuant to the provisions of the Local Finance Law.

 

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 54 of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

 

Section 4.        The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6.        All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

 

Section 7.        The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)   Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8.        This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

 

RESOLUTION NO. 689 – Continued

 

Section 9.        Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Section 10.      THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by

Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 690

AUTHORIZING THE RECONSTRUCTION AND RESURFACING OF ROADS IN AND FOR THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $2,000,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $2,000,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1.        The reconstruction and resurfacing of roads in and for the Town of Orangetown, Rockland County, New York, including sidewalks, curbs, gutters, drainage, landscaping and other incidental improvements, are hereby authorized, subject to permissive referendum, at a maximum estimated cost of $2,000,000.

 

Section 2.        The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $2,000,000 bonds of said Town, hereby authorized, to be issued therefor pursuant to the provisions of the Local Finance Law.

 

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

 

Section 4.        The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6.        All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those

RESOLUTION NO. 690 – Continued

 

required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

 

Section 7.        The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)   Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8.        This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

Section 9.        Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Section 10.:  THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by

Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 691

AUTHORIZING VARIOUS DRAINAGE IMPROVEMENTS IN AND FOR THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $500,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1.        Various drainage improvements in and for the Town of Orangetown, Rockland County, New York, are hereby authorized, subject to permissive referendum, at a maximum estimated cost of $500,000.

 

Section 2.        The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $500,000 bonds of said Town, hereby authorized, to be issued therefor pursuant to the provisions of the Local Finance Law.

 

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

 

Section 4.        The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

RESOLUTION NO. 691 – Continued

 

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6.        All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

 

Section 7.        The validity of such bonds and bond anticipation notes may be contested only if:

1)   Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)   Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8.        This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

Section 9.        Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Section 10.  THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 692

AUTHORIZING IMPROVEMENTS TO SIDEWALKS IN AND FOR THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $500,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1.        Improvements to sidewalks in and for the Town of Orangetown, Rockland County, New York, are hereby authorized, subject to permissive referendum, at a maximum estimated cost of $500,000.

 

 

RESOLUTION NO. 692 – Continued

 

Section 2.        The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $500,000 bonds of said Town, hereby authorized, to be issued therefor pursuant to the provisions of the Local Finance Law.

 

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

 

Section 4.        The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6.        All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

 

Section 7.        The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8.        This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

Section 9.        Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Section 10.  THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by

Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

RESOLUTION NO. 693

AUTHORIZING THE PURCHASE OF HEAVY EQUIPMENT FOR THE DEPARTMENT OF PUBLIC WORKS IN AND FOR THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $2,073,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $2,073,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1.        The purchase of heavy equipment for the Department of Public Works in and for the Town of Orangetown, Rockland County, New York, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $2,000,000.

 

Section 2.        The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $2,073,000 bonds of said Town, hereby authorized, to be issued therefor pursuant to the provisions of the Local Finance Law.

 

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

 

Section 4.        The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6.        All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

 

Section 7.        The validity of such bonds and bond anticipation notes may be contested only if:

1)   Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)   Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8.        This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

 

RESOLUTION NO. 693 – Continued

 

Section 9.        Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Section 10.  THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 694

AUTHORIZING THE ISSUANCE OF $638,527 BONDS OF THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, TO PAY COSTS OF VARIOUS PURPOSES IN AND FOR SAID TOWN

 

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1. The following are hereby authorized in and for the Town of Orangetown, Rockland

County, New York:

 

11. a) The purchase of police vehicles, at a maximum estimated cost of $415,600, being a class of objects or purposes having a period of probable usefulness of three years pursuant to subdivision 77 of paragraph a of Section 11.00 of the Local Finance Law;

 

11. b) The purchase and installation of a new screen, at a maximum estimated cost of $33,000, being a specific object or purpose having a period of probable usefulness of five years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; and

 

11. c) Construction of a fueling station, at a maximum estimated cost of $189,927, being a specific object or purpose having a period of probable usefulness of five years pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law;

 

Section 2. The total maximum estimated cost of the aforesaid objects or purposes is

$638,527, and the plan for the financing thereof is by the issuance of $638,527 bonds of said Town hereby authorized to be issued therefor pursuant to the Local Finance Law, to be allocated in accordance with the maximum estimated costs set forth in Section 1 hereof.

 

Section 3. It is hereby further determined that the maximum maturity of the bonds herein authorized will not exceed five years.

 

Section 4. The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and

 

RESOLUTION NO. 694 – Continued

 

shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

 

Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 – 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

 

Section 9. This resolution, which takes effect immediately, shall be published in summary

form in the official newspaper designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and on a roll call was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

RESOLUTION NO. 695

PAY VOUCHERS

 

RESOLVED, upon the recommendation of the Director of Finance, the Finance Office is hereby authorized to pay vouchers for (4) warrants for a total of $525,617.31.

 

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervsior Christopher Day

Noes: None

 

RESOLUTION NO. 696

ENTER EXECUTIVE SESSION / PERSONNEL MATTERS / LITIGATION

 

In attendance, at this Executive Session were Supervisor Christopher Day, Councilpersons Denis Troy, Thomas Diviny, Paul Valentine and Jerry Bottari, Michael Lawler, Rob Magrino, Teresa Kenny, Jeff Bencik, Donna Morrison and the Police Chief.

RESOLUTION NO. 696 – Continued

 

 

RESOLVED, at 8:40 pm, the Town Board entered Executive Session to discuss Personnel matters.

 

Supervisor Christopher Day offered the aforesaid resolution, which was seconded by Councilman Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervsior Christopher Day

Noes: None

 

RESOLUTION NO. 697

RE-ENTER REGULAR TOWN BOARD MEETING

 

 

RESOLVED, at 9:30 pm, the Town Board re-entered the Regular Town Board meeting.

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervsior Christopher Day

Noes: None

 

RESOLUTION NO. 698

APPROVE  SETTLEMENT / STEVEN GENTILE V. ORANGETOWN

 

RESOLVED, the Board upon due consideration and review of a proposed Stipulation of Settlement, and upon consultation with the Town Attorney’s Office and Finance Department, hereby agrees to enter into a Stipulation of Settlement regarding the matter of Steven Gentile v. Town of Orangetown, Rockland County Index No. 030787/2019, and authorizes the Supervisor to execute any and all paperwork necessary to effectuate the terms of this resolution and settlement.

 

Councilman Thomas Diviny offered the aforesaid resolution, which was seconded by Councilman Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervsior Christopher Day

Noes: None

 

RESOLUTION NO. 699

CREATE POSITION OF ASSOCIATE JUSTICE COURT CLERK

 

RESOLVED, a new position of Associate Justice Court Clerk (non-competitive) is hereby created immediately upon the approval of the Rockland County Commissioner of Personnel.

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervsior Christopher Day

Noes: None

 

RESOLUTION NO. 700

APPPOINT AMANDA HYLAND

ASSOCIATE JUSTICE COURT CLERK

 

RESOLVED, that upon the recommendation of the Orangetown Court Justices, and pending approval of the position and appointment by Rockland County Commissioner of

RESOLUTION NO. 700 – Continued

 

Personnel, the Town Board hereby appoints Amanda Hyland Associate Justice Court Clerk, at a salary of $45,000.00 per year, to become effective January 1, 2020.

 

Councilman Paul Valentine offered the aforesaid resolution, which was seconded by Councilman Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervsior Christopher Day

Noes: None

 

RESOLUTION NO. 701

ADJOURNED / MEMORY

 

RESOLVED, at 9:35 pm, the Town Board adjourned in memory of Kim McKeever, Pearl River.

 

Councilman Denis Troy offered the aforesaid resolution, which was seconded by Councilman Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilpersons Denis Troy, Jerry Bottari, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes: None

 

_________________________________

          Rosanna Sfraga, Town Clerk