Meeting Overview

TOWN OF ORANGETOWN

POLICE COMMISSION / TOWN BOARD MEETING MINUTES

January 28, 2020

 

This meeting was opened at 7:00 PM. Supervisor Teresa M. Kenny presided and Rosana Sfraga, Town Clerk, called the roll.

 

Present were:

Supervisor Teresa M. Kenny

Councilperson Thomas Diviny

Councilperson Paul Valentine

Councilperson Jerry Bottari

Councilperson Denis Troy

 

Also Present:

Michael Lawler, Deputy Supervisor

Allison Kardon, Supervisor’s Confidential Assistant

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, 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

Matt Lenihan, Computer Network Specialist

Donald Butterworth, Police Chief

James Brown, Police Captain

Michael Shannon, Police Captain

 

Pledge of Allegiance to the Flag:  Mike Mandel

 

ANNOUNCEMENTS:

 

Orangetown will be hosting a Public Information Session regarding its participation in the Community Choice Aggregation (CCA) Program:

 Saturday, February 8, 2020 – Court Room 1 / 2:00 P.M – 3:00 P.M.

Tuesday, February 25, 2020 – Court Room 1 / 6:00 P.M. to 7:00 P.M.

 

RESOLUTION NO. 51

PROMOTE THOMAS HOLIHAN / POLICE LIEUTENANT / POLICE DEPARTMENT

RESOLVED, that upon the recommendation of the Chief of Police, promote Thomas Holihan from Rockland County civil service list # 15077/70-258, to the position of Police Lieutenant/Town of Orangetown, effective February 1, 2020 at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 52

PROMOTE JAMES SULLIVAN / POLICE LIEUTENANT / POLICE DEPARTMENT

 

RESOLVED, that upon the recommendation of the Chief of Police, promote James Sullivan from Rockland County civil service list # 15077/70-258, to the position of Police Lieutenant/Town of Orangetown, effective February 1, 2020 at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 53

PROMOTE RICHARD HOLIHAN / POLICE SERGEANT / POLICE DEPARTMENT

 

RESOLVED, that upon the recommendation of the Chief of Police, promote Richard Holihan from Rockland County civil service list # 17052/77-427, to the position of Police Sergeant/Town of Orangetown, effective February 1, 2020 at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 54

PROMOTE BRIAN DOMITROVITS / POLICE SERGEANT / POLICE DEPARTMENT

 

RESOLVED, that upon the recommendation of the Chief of Police, promote Brian Domitrovits from Rockland County civil service list # 17052/77-427, to the position of Police Sergeant/Town of Orangetown, effective February 1, 2020 at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 55

PROMOTE MICHAEL TAYLOR/POLICE SERGEANT / POLICE DEPARTMENT

 

RESOLVED, that upon the recommendation of the Chief of Police, promote Michael Taylor from Rockland County civil service list # 17052/77-427, to the position of Police Sergeant/Town of Orangetown, effective February 1, 2020 at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

 RESOLUTION NO. 56

DETAIL ANTHONY PALAZOLO / DETECTIVE-SERGEANT / POLICE DEPARTMENT

 

RESOLVED, that upon the recommendation of the Chief of Police, Anthony Palazolo is hereby detailed to Detective Sergeant duties with assignments to include patrol, youth, administrative and internal affairs investigations, effective February 1, 2020, at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

 RESOLUTION NO. 57

DETAIL DANIEL COSTELLO/DETECTIVE-SERGEANT / POLICE DEPARTMENT

 

RESOLVED, that upon the recommendation of the Chief of Police, Daniel Costello is hereby detailed to Detective Sergeant duties with assignments to include patrol, youth, administrative and internal affairs investigations, effective February 1, 2020, at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 58

DETAIL ANDREW VERGINE / DETECTIVE-YOUTH OFFICER / POLICE DEPT

 

RESOLVED, that upon the recommendation of the Chief of Police, and in accordance with the terms of section #13 of the Rockland County Police Act of 1936, as amended, detail Police Officer Andrew Vergine to the duties of detective/youth officer, effective February 1, 2010, at a salary consistent with the terms of labor agreement between the Town of Orangetown and the Orangetown PBA bargaining unit.

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 59

REAPPOINT DEBORAH STUHLWEISSENBURG / MEMBER / ARCHITECTURE & COMMUNITY APPEARANCE BOARD OF REVIEW (ACABOR) / 3 YEAR TERM

 

RESOLVED, that DEBORAH STUHLWEISSENBURG is hereby reappointed Member to the Orangetown Architecture & Community Appearance Board of Review for a period of 3-years, commencing January 01, 2020 and expires on December 31, 2022.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 60

APPOINT KENYATTA-JONES ARIETTA / MEMBER / ARCHITECTURE & COMMUNITY APPEARANCE BOARD OF REVIEW (ACABOR) / 2020 / 3 YEAR TERM

 

RESOLVED, that KENYATTA-JONES ARIETTA is hereby appointed Member to the Orangetown Architecture & Community Appearance Board of Review for a period of 3-years, commencing January 01, 2020 and expires on December 31, 2022.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 61

APPOINT SHARON BURKE / MEMBER / ARCHITECTURE & COMMUNITY APPEARANCE BOARD OF REVIEW (ACABOR) / 1 YEAR TERM/ TO FILL THE UNEXPIRED TERM OF KATIE BECKMANN

 

RESOLVED, that SHARON BURKE is hereby appointed Member to the Orangetown Architecture & Community Appearance Board of Review for a period of 1-year, commencing January 01, 2020 and expires on December 31, 2020, to fill the unexpired term of Katie Beckmann.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 62

APPOINT JOSEPH MILILLO / MEMBER / ARCHITECTURE & COMMUNITY APPEARANCE BOARD OF REVIEW (ACABOR) / 2020 / 3 YEAR TERM

 

RESOLVED, that JOSEPH MILILLO is hereby appointed Member to the Orangetown Architecture & Community Appearance Board of Review for a period of 3-years, commencing January 01, 2020 and expires on December 31, 2022.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 RESOLUTION NO. 63

APPOINT CHRIS DUNNIGAN / CHAIRMAN / ARCHITECTURE & COMMUNITY APPEARANCE BOARD OF REVIEW (ACABOR) / 1 YEAR TERM

 

RESOLVED, that CHRIS DUNNIGAN is hereby appointed Chairman to the Architecture & Community Appearance Board of Review (ACABOR) for a period of 1-year, commencing January 01, 2020 and expiring on December 31, 2020.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 64

REAPPOINT BOB NELAN / MEMBER / ORANGETOWN HOUSING AUTHORITY           5 YEAR TERM

 

RESOLVED, that BOB NELAN is hereby reappointed as Member to the Orangetown Housing Authority for a period of 5-years, commencing January 1, 2020 and expiring on December 31, 2024.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 65

REAPPOINT THOMAS WARREN / CHAIRMAN / PLANNING BOARD / 1 YEAR TERM

 

RESOLVED, that THOMAS WARREN is hereby reappointed Chairman to the Planning Board for a period of 1-year, commencing January 01, 2020 and expires December 31, 2020.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 66

REAPPOINT WILLIAM YOUNG / MEMBER / PLANNING BOARD / 7 YEAR TERM

 

RESOLVED, that WILLIAM YOUNG is hereby reappointed Member to the Planning Board for a period of 7-years, commencing January 01, 2020 and expires December 31, 2026.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 67

REAPPOINT BRUCE BOND / ALTERNATE MEMBER / PLANNING BOARD / 1 YEAR TERM

 

RESOLVED, that BRUCE BOND is hereby reappointed Alternate Member to the Planning Board for a period of 1-year, commencing January 01, 2020 and expires December 31, 2020.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 68

REAPPOINT DANIEL SULLIVAN / CHAIRMAN / ZONING BOARD OF APPEALS           1 YEAR TERM

 

RESOLVED, that DANIEL SULLIVAN is hereby reappointed as Chairman to the Zoning Board of Appeals, for a period of 1-year, commencing January 01, 2020 and expires December 31, 2020.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

RESOLUTION NO. 69

REAPPOINT MICHAEL BOSCO / MEMBER / ZONING BOARD OF APPEALS                   5 YEAR TERM

 

RESOLVED, that MICHAEL BOSCO is hereby reappointed Member to the Orangetown Zoning Board of Appeals for a period of 5-years, commencing January 01, 2020 and expires December 31, 2024.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 70

APPOINT ROBERT BONOMOLO, JR. / MEMBER / ZONING BOARD OF APPEALS        2 YEAR TERM/ TO FILL THE UNEXPIRED TERM OF JOAN SALOMON

 

RESOLVED, that ROBERT BONOMOLO, JR. is hereby reappointed Member to the Orangetown Zoning Board of Appeals for a period of 2- years, commencing January 01, 2020 and expires December 31, 2021, to fill the expired term of Joan Salomon.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 71

APPOINT BILLY VALENTINE / ALTERNATE MEMBER / ZONING BOARD OF APPEALS / 1 YEAR TERM

 

RESOLVED, that BILLY VALENTINE is hereby appointed Alternate Member to the Zoning Board of Appeals for a period of 1-year, commencing January 01, 2020 and expires December 31, 2020.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 3 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Abstained:  Councilman Paul Valentine

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 72

OPEN PH / ORANGEBURG COMMONS / ZONING TEXT AMENDMENT

 

RESOLVED, that the Public Hearing to consider the petition of Orangeburg Commons, is hereby opened.

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication, Postings and Mailing; and comments from the Rockland County Dept of Planning, Rockland County Sewer District No. 1 and the Orangetown Planning Board; which are labeled Exhibit 01-C-20 and made a part of these minutes.

SUMMARY OF COMMENTS:

Robert Magrino, Town Attorney, read the comments from the Rockland County Depart. Of Planning and the Orangetown Planning Board.

Geraldine Tortorella, attorney for developer, explained that the Orangetown Code and their Special Permit needs to be amended.  The amendment will allow the developer to bring the second hotel to the Property.  A first of it kinds, in Rockland County, a “dual-brand” Residence Inn/Fairfield Inn hotel.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 73

CLOSE PH / ORANGEBURG COMMONS / ZONING TEXT AMENDMENT

 

RESOLVED, the Public Hearing regarding the petition of Orangeburg Commons for an amendment to the Town Zoning Code is hereby closed, with further action to be taken with respect to the remainder of the Petition.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 74

SEQRA / DECLARE LEAD AGENCY / ZONING TEXT AMENDMENT / SPECIAL PERMIT AMENDMENT MAXIMUM PERCENTAGE OF TOTAL GROSS FLOOR AREA THAT CAN BE DEVELOPED FOR RETAIL AND/OR RESTAURANTS/ MIXED USE DEVELOPMENTS AND MIXED USE EXPANSIONS / LI ZONING DISTRICT

 

WHEREAS, the Town Board has before it 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”);

 

WHEREAS, by Resolution 686 of 2019, duly adopted the 17th day of December, 2019, the Town Board declared its intention to serve as Lead Agency for the environmental review of such proposed action under the State Environmental Quality Review Act (SEQRA), and further directed that that a Lead Agency Coordination Letter, be circulated to and among the various involved and/or interested agencies; and

 

WHEREAS, furtherance of the aforesaid resolution, on 12/23/2019, the Town Clerk circulated a letter, together with relevant documents, to the following involved and/or interested agencies, advising of the Town Board’s stated intention and requesting the consent of each thereto:

RESOLUTION NO. 74 – Continued

 

Orangetown Planning Board

Rockland County Department of Planning

Rockland County Sewer District No. 1

Rockland County Drainage Agency

Rockland County Department of Health

N.Y.S. Department of Environmental Conservation

N.Y.S. Department of Transportation

Palisades Interstate Park Commission

 

And,

 

WHEREAS, more than 30 days have passed since notice of the Board’s intention was circulated and no other agency has contested, or objected to, the Town Board’s decision to serve as Lead Agency,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Orangetown hereby declares itself to be Lead Agency for the coordinated environmental review of the proposed action, and, acting in such capacity, makes the further determination that the proposed action is an “unlisted action” under SEQRA.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Supervisor Teresa Kenny, Councilperson Denis Troy

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 75

NEGATIVE DECLARATION ZONING TEXT AMENDMENT SPECIAL PERMIT AMENDMENT MAXIMUM PERCENTAGE OF TOTAL GROSS FLOOR AREA/ MIXED USE DEVELOPMENTS AND MIXED USE EXPANSIONS / LI ZONING DISTRICT

 

WHEREAS, in connection with its consideration and review of a proposed Local Law, amending the text of 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, 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 Amendmentâ”; the Zoning Amendment and the Special Permit Amendment, collectively, the  “Action”); the Town Board by resolution of even date herewith, assumed the role of lead agency for the environmental review of such action under the State Environmental Quality Review Act, and made the further determination that the proposed action (the adoption of the text amendment and issuance of a special permit) are unlisted actions under the State Environmental Quality Review Act (“SEQRA”); and,

 

WHEREAS, in furtherance of its obligations as lead agency, the Town Board has reviewed and considered the following information, studies and documents submitted in connection with the proposed action:

 

• Full Environmental Assessment Form, signed by Alfred T. Rossi on behalf of the applicants;
• Petition for Amendment of the Town Code signed by Richard Birdoff, Managing Member of the FB Orangetown Entities;
• Plans and Drawings, “Amended Site Plan for Orangeburg Commons Residence Inn/Fairfield Inn Dual Brand Hotel, prepared by Leonard Jackson Associates, last revised October 11, 2019, including the following:
• Overall Site Plan; o Part Plan
• Floor Plans and Elevations for the Residence Inn/Fairfield Inn Dual Brand Hotel, Prepared by JAL Architecture and Engineering, PC ZDated October 23, 2019;

 

Overall First Floor Plan

Overall Second Floor Plan

Overall Exterior Elevations (with signage)

Partial Exterior Elevations

 

WHEREAS, the Town Board has further considered the legislative history of the existing, and far more comprehensive Mixed-Use Development and Mixed Use Expansion provisions of the Town Zoning Law (expressly incorporated herein by reference), as well as the empirical evidence that now exists relating to, and as a result of mixed-use developments approved under such zoning provisions; and

 

WHEREAS, the Town Board has carefully considered he public presentations by and/or on behalf of the parties who petitioned for the proposed amendments; and

 

WHEREAS, the members of the Board are each familiar with the locations affected by the proposed amendment and amended special permit; and

 

WHEREAS, the Town Board has further considered the comments of the Rockland County Department of Planning, dated January 16, 2020,

 

NOW, THEREFORE, BE IT RESOLVED, having taken a hard look at all of the potential environmental impacts that might result from the proposed action, the Town Board, acting in its capacity as Lead Agency under SEQRA, concludes that there will be no significant environmental impacts or effects caused or occasioned by the adoption of the proposed Local Law or Amended Special Permit 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 and to change the maximum percentage of total gross floor area ratio, and issues a Determination of Non-Significance with respect to the referenced action in the form annexed hereto, and authorizes the Town Supervisor, or her designated agent, to sign and circulate same, and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency in accordance with the applicable provisions of law.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 76

ADOPT/ LOCAL LAW NO.    1   , 2020 ZONING TEXT AMENDMENT SPECIAL PERMIT/ MAXIMUM PERCENTAGE OF TOAL GROSS FLOOR AREA THAT CAN BE DEVELOPED FOR RETAIL AND/OR RESTAURANTS/ MIXED USE DEVELOPMENTS AND MIXED USE EXPANSIONS / LI ZONING DISTRICT

 

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 letter application dated October 29, 2019, and Petition dated October 18, 2019, FB Orangetown Retail, LLC and other related entities petitioned the Town Board to amend the Town Zoning Law, to amend Town Code, Chapter 43 (Zoning) 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, by resolution 686 of 2019, duly adopted the 17th day of December, 2019, the Town Board declared its intention to serve as Lead Agency for the environmental review of such proposed action under the State Environmental Quality Review Act (SEQRA), and further directed that that a Lead Agency Coordination Letter, be circulated to and among the various involved and/or interested agencies; and,

 

WHEREAS, furtherance of the aforesaid resolution, on February 14, 2018, the Town Attorney circulated a letter, together with relevant documents, to the following involved and/or interested agencies, advising of the Town Board’ stated intention and requesting the consent of each thereto:

 

Orangetown Planning Board;

Rockland County Department of Planning;

Rockland County Sewer District No. 1;

Rockland County Drainage Agency;

N.Y.S. Department of Environmental Conservation;

N.Y.S. Department of Transportation;

Palisades Interstate Park Commission

 

And, WHEREAS, more than 30 days having passed since notice of the Board’s intention was circulated and no other agency has contested, or objected to, the Town Board by resolution of even date herewith (but adopted prior to this resolution), the Town Board declared itself to be Lead Agency for the within action, and, acting in such capacity, concluded that there would be no significant adverse environmental impact as a result thereof, whereupon it issued a Determination of Non-significance; and

 

WHEREAS, in addition to the letter application, Petition, Proposed Local Law, and Determination of Non-significance, the Town Board has further considered, the following in connection with its review of the proposed text amendment:

 

1. Full Environmental Assessment Form, signed by Alfred T. Rossi on behalf of the applicants;
2. Petition for Amendment of the Town Code signed by Richard Birdoff, Managing Member of the FB Orangetown Entities;
3. Plans and Drawings, “Amended Site Plan for Orangeburg Commons Residence Inn/Fairfield Inn Dual Brand Hotel, prepared by Leonard Jackson Associates, last revised October 11, 2019, including the following:
   1. Overall Site Plan;
   2. Part Plan
4. Floor Plans and Elevations for the Residence Inn/Fairfield Inn Dual Brand Hotel, Prepared by JAL Architecture and Engineering, PC Dated October 23, 2019;
   1. Overall First Floor Plan
   2. Overall Second Floor Plan

• Overall Exterior Elevations (with signage)

1. Partial Exterior Elevations

 

and, WHEREAS, the Town Board has further considered the legislative history of the existing, and far more comprehensive Mixed-Use Development and Mixed Use Expansion provisions of the Town Zoning Law (expressly incorporated herein by reference), , as well as the empirical evidence that now exists relating to, and, as a result of, mixed-use developments approved under such zoning provisions; and

 

WHEREAS, the Town board has carefully considered the public presentations by and/or on behalf of the parties who petitioned for the proposed amendments; and

 

WHEREAS, the members of the Board are each familiar with the locations affected by the proposed amendment and special permit; and

 

WHEREAS, the proposed zoning text amendment and related documents also were circulated for comment to the N.Y.S. Department of Transportation and the Palisades Interstate Park Commission, which, to date, have not offered comments; and

 

WHEREAS, in addition to the aforesaid, the Town Board also has evaluated the proposed amendments in the light of the following studies, reports and /or other assessments and reviews relating more generally to conditions in and about the area of the proposed amendment:

 

• Town of Orangetown Comprehensive Plan, adopted by the Town Board on May 12, 2003, and, in particular, Sections III-3 and V-1 relative to the intersection area embraced by the proposed zoning text amendment;
• The Town’s existing Route 303 Overlay Zoning District zoning provisions;
• The Route 303 Sustainable Development Study, dated December 2002, prepared by Wilbur Smith Associates, for the Town of Orangetown, the New York State Department of Transportation, the County of Rockland, the New York State Metropolitan Transportation Council.

 

and, WHEREAS, the members of the Board are each familiar with the location affected by the proposed amendments; and

 

WHEREAS, following various public presentations and discussions of the proposed amendment by and before the Board, following notice duly published, a public hearing on the proposed Local Law was conducted on January 28, 2020, at which time all members of the public wishing to speak were afforded the opportunity to do so; and

 

WHEREAS, the within application and Petition were circulated to the Rockland County Department of Planning for review and comment pursuant to General Municipal Law §§ 239-l & m, which responded by letter dated January 16, 2020. County Planning indicated, among other items, that

 

• The Town must consider the precedent being set which could result in a higher volume of traffic with greater parking requirements.

Response: This is a de minimus change and the additional space is for a new enlarged and improved lobby, and lounge, among other amenities. The Board finds this change will not negatively impact local roads, sewer or stormwater management systems.

• Spot zoning is rezoning of a single parcel or small area to benefit one or more property owners. The impact of the increase must be assessed, including the cumulative impact to the surrounding community.

Response: The de minimus change will not effect the neighboring properties to any significant degree. The property already has approval for the anticipated uses, and this change will not materially impact neighboring properties.

 

NOW, THEREFORE, BASED ON ALL OF THE INFORMATION BEFORE THE BOARD, BE IT RESOLVED, that the Town Board hereby adopts Local Law No.    1   , of 2020, amending the Town Code of the Town of Orangetown, 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”) as more fully set forth in Local Law No.    1    of 2020, below, and expressly incorporated herein by reference.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Absent:  Councilman Jerry Bottari

 

 

 

LOCAL LAW NO.   1   OF 2020

 OF THEINCORPORATED TOWN OF ORANGETOWN, NEW YORK

TOWN BOARD TO AMEND CHAPTER 43, ARTICLE IV SECTION 4.3(O)(iv)(b)

 OF THE TOWN CODE REGARDING MIXED-USE DEVELOPMENTS

 

Be it enacted, by the Town Board of the Town of Orangetown as follows:

 

Section 1: Section 4.32(O)(iv)(b)(2) shall be amended with respect to total gross floor area ratio. As amended, Section 4.32(O)(iv)(b)(2) shall read (Deletions are strikethrough, additions underlined).:

Consistent with the concerns expressed in the Town’s Comprehensive Plan for the development of the areas subject to this special permit use, where the proposed mixed uses include retail, personal service establishments and/or restaurants, the Town Board, when granting the special permit, shall determine the maximum amount, if any, of each such use that may be permitted; provided further, however, that the total gross floor area that may be developed for all such uses, upon completion, shall not exceed 30% 35%of the total gross floor area to be developed. If built in phases, not more than 45% of the development may consist of such uses during any initial phase of development. Building permits and/or certificates of occupancy shall not be issued for any of the mixed uses, unless compliance with the above percentages is met. Consistent with the above limitations, the Town Board shall determine, in its sole discretion, in the special permit review process, the percentage of gross floor area, if any, that may be developed for retail and/or personal service uses during any phase of development.

 

Section 2. Severability. If any part or provision of this local law, or the application thereof to any person or circumstance, is adjudged invalid or unconstitutional by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law, or the application thereof to other persons or circumstances. The Town Board hereby declares that it would have enacted the remainder of this local law even without any such invalid or unconstitutional part, provision or application.

 

Section 3: This Local Law shall take effect immediately upon filing with the Secretary of State.

 

RESOLUTION NO. 77

CONTINUE PH / AMEND SPECIAL PERMIT / ORANGEBURG COMMONS

 

RESOLVED, the Town Board hereby adjourns the Public Hearing regarding the petition of Orangeburg Commons on a proposed amendment to Special Permits previously granted to allow the maximum percentage of gross floor area ratio that can be developed for retail, personal service establishments and/or restaurants for the property to be 34.55% to Tuesday February 11, 2020 at 7:45 P.M.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 78

OPEN PH / INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE ORANGETOWN SEWER DISTRICT

 

RESOLVED, that the Public Hearing to consider the bond re Increase and Improvement of the Facilities of the Orangetown Sewer District in the Town of Orangetown, Rockland County, NY is hereby opened.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings; which are labeled Exhibit 01-D-20 and made a part of these minutes.

 

SUMMARY OF COMMENTS:

Mike Mandel, Pearl River, asked what are the improvements.

 

RESOLUTION NO. 79

CLOSE / PH / INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE ORANGETOWN SEWER DISTRICT

 

RESOLVED, that the Public Hearing regarding the Increase and Improvement of the Facilities of the Orangetown Sewer District in the Town of Orangetown, Rockland County, NY is hereby closed.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 80

AUTHORIZE THE PUBLIC INTEREST ORDER IN THE MATTER OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE ORANGETOWN SEWER DISTRICT / $2,631,500

 

WHEREAS, the Town Board of the Town of Orangetown, Rockland County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202 b of the Town Law, relating to the increase and improvement of the facilities of Orangetown Sewer District in the Town of Orangetown, Rockland County, New York, consisting of the construction of various sewer system related improvements and the acquisition of equipment and vehicles; and

 

WHEREAS, at a meeting of said Town Board duly called and held on January 7, 2020, an order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of the facilities of the Orangetown Sewer District in said Town at a maximum estimated cost of $2,631,500 and to hear all persons interested in the subject January 28, 2020, at 8:00 P.M. o’clock, Prevailing Time; and

 

WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law; and

 

WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard;

 

NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the improvement, to increase and improve the facilities of the Orangetown Sewer District in the Town of Orangetown, Rockland County, New York, consisting of the construction of various sewer system related improvements and the acquisition of equipment and vehicles for the Orangetown Sewer District, at a maximum estimated cost of $2,631,500.

 

Section 2. This order shall take effect immediately.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and on a roll call was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 81

AUTHORIZE THE ISSUANCE OF $2,631,500 SERIAL BONDS OF THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE ORANGETOWN SEWER DISTRICT IN THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK.

 

WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202 b of the Town Law, and more particularly an order dated January 28, 2020, said Town Board has determined it to be in the public interest to increase and improve the facilities of the Orangetown Sewer District in the Town of Orangetown, Rockland County, New York, at a maximum estimated cost of $2,631,500; and

 

WHEREAS, it is now desired to provide funding for such capital project;

 

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1. For the object or purpose of paying the cost of the increase and improvement of the facilities of Orangetown Sewer District in the Town of Orangetown, Rockland County, New York, consisting of the construction of various sewer system related improvements and the acquisition of equipment and vehicles for the Orangetown Sewer District, there are hereby authorized to be issued $2,631,500 serial bonds of said Town pursuant to the provisions of the Local Finance Law.

 

Section 2. It is hereby determined that the maximum estimated cost of (i) the aforesaid sewer system related improvements (being a class of objects or purposes) is $ 1,414,000, (ii) the aforesaid equipment (being a class of objects or purposes) is $197,000, (iii) improvements to buildings (being

a class of objects or purposes) is $190,000, (iv) purchase of trucks (being a class of objects or purposes) is $663,000, (v) purchase of vehicles (being a class of objects or purposes) is $142,500, and (vi) paving of the lot at the WWTP (being a specific object or purpose) is $25,000, and that the plan for the financing thereof is by the issuance of $2,631,500 serial bonds of said Town authorized to be issued pursuant to this bond resolution.

 

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid (i) sewer system related improvements is forty years, (ii) equipment is fifteen years for $134,000 thereof and five years for $63,000 thereof, (iii) improvements to buildings is fifteen years, (iv) purchase of trucks is fifteen years, (v) purchase of vehicles is three years and (vi) paving is ten years, pursuant to subdivisions 4, 28,12, 28, 77 and 20(f), respectively, of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

 

Section 4. 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 shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

 

Section 5. The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually assessed upon all the taxable real property within said Orangetown Sewer District in the manner provided by law an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds as the same shall become due.

 

Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town.

 

Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor.

 

Section 8. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law.

 

Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a project finance agreement, and any other agreements with the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation.

 

Section 10. The validity of such bonds and bond anticipation notes may be contested only if:

 

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

 

• 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
• Such obligations are authorized in violation of the provisions of the Constitution.

 

Section 11. 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 12. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81 of the Local Finance Law.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and on a roll call was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

DISCUSSION:

 

WORKSHOP OF AGENDA ITEMS

 

 

RESOLUTION NO.82

OPEN PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby opened.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

SUMMARY OF PUBLIC COMMENTS:

Eileen Larkin, Palisades, complained about Cable TV and asked that a Cable TV committee be established.

Barbara Delo, Blauvelt, asked for clarity of refunding of Bonds.

 

 

RESOLUTION NO. 83

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby closed.

 

Supervisor Teresa Kenny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 84

APPROVE PILOT AGREEMENT / PREMIER BRANDS OF AMERICA INC .                       7 CORPORATE DRIVE ORANGEBURG NY

 

RESOLVED, that upon the recommendation of the Town Attorney, the Supervisor is hereby authorized to execute a Payment in Lieu of Taxes Agreement (“PILOT”), between and among the Town of Orangetown, Premier Brands of America, Inc., the Pearl River School District, the County of Rockland and the County of Rockland Industrial Development Agency, relating to real property known as 7 Corporate Drive, Orangeburg, NY (Tax Map designation Section 73.20 Block 1 Lot 33), commencing with the 2020 tax assessment roll through and including the 2032 tax assessment roll as set forth more fully in the agreement.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 85

APPROVAL OF 2020 CERTIFICATE OF SEWER REGISTRATIONS

 

RESOLVED, that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2020 Sewer Work is approved to:

 

• American Minutemen Sewer & Drain, Inc., 307 South Main Street, New City, NY 10956
• Angel Landscaping, Inc., 9 Old School Lane, Orangeburg, NY 10962
• Environmental Construction, Inc., 21 Holt Drive, Stony Point, NY 10980
• First Rate Landscaping & Construction, Inc., P.O. Box 1212, New City, NY 10956
• Harris Construction of Pearl River, 37 West Washington Avenue, Pearl River, NY 10965
• JD Backhoe Service, Inc., 3 Route 340, Orangeburg, NY 10962
• Paving Solutions, Inc., 548 Route 17M, Monroe, NY 10950
• Victor P. Zugibe, Inc., 66 West Railroad Avenue, Garnerville, NY 10923

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 86

APPROVE NYSA CONFERENCE / JAMES M. DILLON / HIGHWAY DEPT

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby approves this past event for James M. Dillon, Assistant General Foreman, Highway Department, who attended the NYS Arborist Conference on the above dates at a cost of $155.00, charged to Account Number D.5140.441.05

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 87

APPROVE / HIGHWAY DEPT TO HOST 2020 AMERICAN PUBLIC WORKS ASSOCIATION ANNUAL EQUIPMENT SHOW

 

RESOLVED, that the Highway Department is hereby authorized to host the 2020 American Public Works Association Annual Equipment Show on Wednesday, May 20, 2020, from 10:00 a.m. to 3:00 p.m. at the Highway Department Facility.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 88

APPROVE / 2020 HIGHWAY DEPARTMENT OPEN HOUSE

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes the Town of Orangetown Highway Department to host their 24th Annual Open House on Saturday, May 16, 2020, from 10 am to 12 pm, to be held at the Highway Department Facility, located at 119 Route 303, Orangeburg, NY.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 89

ACCEPT RESIGNATION / RETIREMENT / LT. MICHAEL DAVIN

 

RESOLVED, that upon the recommendation of the Chief of Police, accept with regret, the resignation/retirement of Lt. Michael Davin from the Orangetown Police Department effective 1/31/20.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

RESOLUTION NO. 90

ACCEPT RESIGNATION / RETIREMENT / P.O. MICHAEL RYAN

 

RESOLVED, that upon the recommendation of the Chief of Police, accept with regret, the resignation/retirement of Police Officer Michael Ryan from the Orangetown Police Department effective 1/31/20

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 91

AUTHORIZE SERVICE AGREEMENT / GOOSETOWN COMMUNICATIONS

 

RESOLVED, that upon the recommendation of the Chief of Police, authorize a Service Agreement with Goosetown Communications, effective January 1, 2020 and expires on December 31, 2020 at a monthly cost of $3,295.22, charged to Account B.3120.443.16

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 92

AUTHORIZE MANAGED SERVICES COMMUNICATIONS EQUIPMENT AGREEMENT NEXLOG 740 EVENTIDE RECORDER / GOOSETOWN COMMUNICATIONS

 

RESOLVED, upon the recommendation of the Chief of Police, enter into an agreement with Goosetown Communications for a NexLog 740 Eventide Recorder at a monthly cost of $300.00 to be taken out of budget B.3120.443.16.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 93

ACCEPT IRREVOCABLE RESIGNATION / RETIREMENT / P. O. KEVIN DRAIN

 

RESOLVED, that upon the recommendation of the Chief of Police, accept with regret, the irrevocable resignation/retirement of Police Officer Kevin Drain from the Orangetown Police Department, effective 3/13/2020.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

RESOLUTION NO. 94

REFUNDING BOND RESOLUTION / AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.00 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY “PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS (FORWARD DELIVERY)” AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY.

 

WHEREAS, the Town of Orangetown, Rockland County, New York (hereinafter, the “Town”) heretofore issued $9,995,000 Public Improvement (Serial) Bonds, 2010, pursuant to separate bond resolutions to pay the cost of various capital purposes in and for said Town as further described in the bond determinations certificate of the Supervisor dated September 29, 2010 (hereinafter referred to as the “Refunded Bond Determinations Certificate”), such Public Improvement (Serial) Bonds, 2010, being dated September 29, 2010 with remaining maturities on June 15 in the years 2020 through 2026, both inclusive, as more fully described in the Refunded Bond Determinations Certificate (the “Refunded Bonds”); and

 

WHEREAS, it would be in the public interest to refund all or a portion of the outstanding principal balance of the Refunded Bonds maturing in 2021 and thereafter (the “Refunded Bonds”) by the issuance of refunding bonds pursuant to Section 90.00 of the Local Finance Law; and

 

WHEREAS, such refunding will only be undertaken if it results in present value savings in debt service as required by Section 90.00 of the Local Finance Law;

 

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1. For the object or purpose of refunding the $ 4,305,000 outstanding principal balance of the Refunded Bonds maturing in 2021 and thereafter as more fully set forth in the Refunding Financial Plan (hereinafter defined), including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of such Refunded Bonds, the aggregate amount of unmatured interest payable on such Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, and (iv) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $4,400,000 refunding serial bonds of the Town pursuant to the provisions of Section 90.10 of the Local Finance Law (the “Refunding Bonds”), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $3,925,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The Refunding Bonds shall each be designated substantially “PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND (FORWARD DELIVERY)” together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R 20 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue.

 

Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Supervisor shall prescribe, which terms shall be in compliance with the requirements of Section

53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Supervisor. Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date.

 

The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the bonds in accordance with the Book Entry Only system of DTC. In the event that either DTC shall discontinue the Book Entry Only system or the Town shall terminate its participation in such Book Entry Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to DTC, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book Entry Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Supervisor as Fiscal Agent as hereinafter provided).

 

In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or last day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Supervisor providing for the details of the Refunding Bonds.  Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds (collectively the “Fiscal Agent”).

 

Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount.

 

Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America.

 

The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated or non certificated form; provided, however, that the Supervisor is also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non-certificated form.

 

The Supervisor is hereby further delegated all powers of this Town Board with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto.

The Refunding Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Supervisor, and its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent.

Section 3. It is hereby determined that:

• the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by Section 90.00 of the Local Finance Law;
• the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each object or purpose for which such Refunded Bonds were issued is as specified in the Refunded Bond Determinations Certificate which is incorporated herein by reference;
• the last installment of the Refunding Bonds will mature not later than the expiration of the respective period of probable usefulness of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of Section 90.00 of the Local Finance Law;
• the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to the Refunded Bonds is as shown in the Refunding Financial Plan described in Section 4 hereof.

 

Section 4. The financial plan for the refunding authorized by this resolution (the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit A attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in two series, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on Exhibit A attached hereto and made a part of this resolution. This Town Board recognizes that the Refunding Bonds may be issued in one or more series, and for only portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the Town will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit A. The Supervisor is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The Supervisor shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided.

 

Section 5. The Supervisor is hereby authorized and directed to enter into an escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Supervisor shall designate (collectively the “Escrow Holder”) for the purpose of having  the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law.

 

Section 6. The faith and credit of said Town of Orangetown, Rockland County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same 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 be annually levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable.

 

Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the Town to be expended to pay interest on the Refunding Bonds.  Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof.

 

Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds which are federally tax-exempt shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an “arbitrage bond”as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder.

 

Section 9. In the event such bonds are refunded, the Town hereby elects to call in and redeem each Refunded Bond which the Supervisor shall determine to be refunded at the earliest call date available. The sum to be paid therefor on such redemption date shall be the par value thereof, plus redemption premium, if any, as provided in the Refunded Bond Certificate, and the accrued interest to such redemption date. The Escrow Holder for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Town in the manner and within the times provided in the Refunded Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Holder to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto.

 

Section 10. The Refunding Bonds shall be sold at public or private sale to the purchaser thereof (the “Underwriter”) for purchase prices to be determined by the Supervisor, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds.

 

Section 11. The Supervisor and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby.

 

Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby delegated to the Supervisor.

 

Section 13. The validity of the Refunding Bonds may be contested only if:

 

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

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

 

Section 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and on a roll call was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 95

ACCEPT / RECEIVE / FILE DOCUMENTS/TOWN CLERK’S OFFICE

 

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

 

1 Agreements w/Blauvelt, Orangeburg & Tappan Libraries

2 Agreement w/Thomas Iacobellis, Caretaker of Nike Park, dated 12/23/19

3 Grant Agreement: NYS Water Infrastructure Improvement Act (WIIA) $193,750.00 WIIA Project No.: C3-5345-10-00

4 Town Board Minutes: 12/17/2019, 1/7/2020 & 1/14/2020 Regular Town Board Meeting and 1/7/2020 & 1/22/2020 Special Town Board Meeting.

5 Agreement w/Tate Grossman Kelly & Iaccarino for Opioid Litigation

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 96

PAY VOUCHERS

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of four (4) warrants for a total of $1,831,591.58.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 97

ENTER EXECUTIVE SESSION

 

In attendance, at this Executive Session were Supervisor Teresa M. Kenny, Councilpersons Denis Troy Thomas Diviny, and Paul Valentine, and Michael Lawler.

 

RESOLVED, at 8:45 pm, the Town Board entered Executive Session to discuss personnel matters.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 98

RE-ENTER RTBM / ADJOURNED / MEMORY

 

RESOLVED, at 9:20 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of: Margaret (Peg) Beukema, Resident of Nyack; Dr. Thomas Kilgannon III, Resident of Valley Cottage, & Renowned Dentist in Rockland County for over 40 years; and Kobe Bryant, NBA Champion with the Los Angeles Lakers.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilman Jerry Bottari

 

_________________________________

         Rosanna Sfraga, Town Clerk