town of clarkstown

TBM 5 – 14 – 2019 Page | 1

TOWN OF CLARKSTOWN TOWN BOARD REGULAR MEETING

Town Hall Auditorium

May 14, 2019 at 7:00 PM

MINUTES PRESENT: Supervisor George Hoehmann

Councilman Frank Borelli

Councilman Peter Bradley

Councilman Donald Franchino

Councilman Patrick Carroll

Town Clerk Justin Sweet

ABSENT:

The Supervisor George Hoehmann declared the Town Board meeting opened. Assemblage saluted the

flag. The Town Clerk read the roll call.

Amrita Raval, Academy of Holy Angels

The Town Board recognized Amrita Raval for her recent participation in a service experience

with the Caroline House in Bridgport, CT, as well as the healthcare facility of the Sister's of Notre

Dame. She is being recognized for her outstanding Community Service.

Kyle Boyce Memorial Scholarship Fund

There was a presentation from the Kyle John Boyce Memorial Scholarship Program. This was

presented to Elaine Apfelbaum, Superintendent of Parks and Recreation from Kimberly Allan, the

mother of Kyle Boyce. This Scholarship will be going to a child enrolled in the Clarkstown

Summer Camp Program who is in need of financial assistance. Kyle was employed as a Senior

Recreation Leader at the Congers Community Center. He passed away in 2017 after 15 years of

employment and is greatly missed. There will also be a tree planted at the Congers Memorial

Park in memory of Kyle.

In addition, Ms. Apfelbaum announced that the Town started a Clarkstown Cares Program.

This program will help families that may need financial assistance who have children

enrolled in our Summer Town Camps.

Nanuet Art Show

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There was a special presentation with the The Nanuet School District - Greater Nanuet Chamber

of Commerce Art Exhibition and Awards. The art ceremony took place from March 15, 2019

through March 29, 2019 and all the participants received recognition. The art projects were

displayed at shops and businesses throughout Nanuet.

Lt. Glenn Cummings gave the Clarkstown Police Report.

Lt. Glenn Cummings to Report

David Ramirez - Architect of Nanuet

Has a question about Agenda item #8

He would like to understand the 10 calendar days that the public can consider the FGEIS.

This limits the public from reviewing such a large document. He would like to suggest that

this time is extended.

Marge Hook, New City

Questioning Resolution #224 - She is concerned that the cost to the Town is now $90,000.

Questioning Resolution #236 - She is concerned about the cost to restore Cropsey

Community Farm Barn.

Questioning Resolution #245 - She feels that the cost to purchase furniture and TVs at Street

School is excessive.

Al Osterlitz, New City

Resolution #225 - He is wondering if and when this official map will be available on the

Website.

Resolution #240 and #241 - He is wondering why there is such a great difference in the cost

for basically the same easement.

Resolution #232 - If we are not getting reimbursed for this service, we should not perform the

work.

Mr. Simoes, Town Planner - in response to Mr. Ramirez:

The Town Board has until June 11th to take public comments regarding the FGEIS. This is

actually close to a month. If the Board needs more time for the public to review, they can get

more time. The document will be online in a final format and track change. You will be able

to see changes and comments to the document. The Planner stated that they will be emailing

everyone that made comments. The public will be able to find their comment(s) and the

Town's response.

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The official map will be updated and online within the next two weeks.

Supervisor Hoehmann's response to Ms. Hook:

The Town is being sued and there is a lawsuit that requires us to increase the expenses

regarding Resolution #224.

As it relates to Cropsey Barn - it is a difference of opinion. It is a historic structure and the

Town committed to preserve and protect that property when it was purchased.

Furniture and TVs are part of the overall upgrade to the Street School Community Center.

The Town overall bonded debt has dropped by almost 6 million dollars since he has become

Supervisor. The impact that this has on the Town's Operating Funds allows our debt service

payments to be reduced by over $940,000 less. This is almost 1% less on our tax bills. The

Town has retired more debt and is paying less. This year we are working to refinance two

usable bonds and will save the Town about $1 million dollars. This Town Board has

prioritized properly. We have taken care of much needed long term infrastructure projects

and by the end of the year, this Town will have resurfaced over 30 miles of roads per year.

The prior administration resurfaced 8 to 11 miles per year. At the end of the season, we will

have resurfaced over 120 miles of the Town's 320 miles of roads. This Town Board should

be commended. We are continuing to prioritize our projects.

The easements are not the same. They are on different properties and one is larger than the

other. This is why the cost is not the same.

We need to continue to plow and maintain our park and ride lots. This is only fair to our

commuters. The Supervisor stated that he will have a discussion with the Highway

Superintendent regarding this.

Co. Carroll wants to make sure that the Town is receiving regular bills from the law offices

of Zarin and Steinmetz. The Supervisor agreed and asked our Town Attorney, Tom Mascola

to work with Co. Carroll to make sure we are receiving regular bills.

AGENDA ITEM #1:

RESOLUTION No (219-2019) - Accepting Town Board Meeting Minutes of November 27, 2018, Town

Board Special Meeting Minutes of March 26, 2019 at 6:00 pm, Town Board Meeting Minutes of March

26, 2019 at 7:00 pm and Town Board Meeting Minutes of April 9, 2019

RESULT: ADOPTED [UNANIMOUS]

MOVER: Frank Borelli, Councilman

SECONDER: Donald Franchino, Councilman

AYES: Hoehmann, Borelli, Bradley, Franchino, Carroll

AGENDA ITEM #2:

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RESOLUTION No (220-2019) - Setting a Public Hearing on a Local Law Entitled Amending Chapter

18-22(B) of the Town Code of Clarkstown Regarding the Board of Ethics


MOVER: Peter Bradley, Councilman



AGENDA ITEM #3:

RESOLUTION No (221-2019) - Setting Public Hearings on a Local Law of the Town of Clarkstown,

Rockland County, Amending Chapter 290 of the Town Code, the Town Zoning Map and the Town

Official Map to Establish the Nanuet Transit Oriented Development Zoning


MOVER: Donald Franchino, Councilman

SECONDER: Patrick Carroll, Councilman


AGENDA ITEM #4:

RESOLUTION No (222-2019) - Accepting the Audit of the Town of Clarkstown Justice Court





AGENDA ITEM #5:

RESOLUTION No (223-2019) - Authorizing Accepting Funds and Amending Budget





AGENDA ITEM #6:

RESOLUTION No (224-2019) - Amending Resolution Nos. 354-2018 & 625-2018 Authorizing the

Retention of Michael D. Zarin, Esq. and Jody T. Cross, Esq. of Zarin and Steinmetz to Review Town

Code and Provide Legal Advice (Additional $45,000)



SECONDER: Frank Borelli, Councilman


AGENDA ITEM #7:

RESOLUTION No (225-2019) - Directing the GIS Coordinator to Make Multiple Changes to Official

Map of the Town of Clarkstown





AGENDA ITEM #8:

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RESOLUTION No (226-2019) - Nanuet TOD Rezoning – SEQRA -- Final Generic Environmental

Impact Statement (FGEIS)





AGENDA ITEM #9:

RESOLUTION No (227-2019) - Designating the Tallman - Budke House and Surrounding Area in West

Nyack as Town Parkland


MOVER: Patrick Carroll, Councilman

SECONDER: Peter Bradley, Councilman


AGENDA ITEM #10:

RESOLUTION No (228-2019) - Authorizing Expenses for Conference (2019 State of New York Police

Juvenile Officers Association Inc. (SNYPJOA) Annual Training Conference) (Not to Exceed: $2,500.00)





AGENDA ITEM #11:

RESOLUTION No (229-2019) - Authorizing Expenses for Conference (Polygraph Re-Certification)

(Not to Exceed: $2,000.00)





AGENDA ITEM #12:

RESOLUTION No (230-2019) - Authorizing Expenses for Conference (Sirchie Bloodstain Pattern

Class) (Not to Exceed: $1,350.00)





AGENDA ITEM #13:

RESOLUTION No (231-2019) - Authorizing Expenses for Conference (NYSAA Cornell Seminar on

Appraising) (Not to Exceed: $4,600.00)





AGENDA ITEM #14:

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RESOLUTION No (232-2019) - Authorizing the Supervisor to Enter into an Agreement with the County

of Rockland to Provide Maintenance and Upkeep for Certain Park and Ride Lots





AGENDA ITEM #15:

RESOLUTION No (233-2019) - Authorizing the Town to Share the Cost of Legal Services Performed

by Dichter Law LLC as Part of a Coalition to Challenge any Unjustified Proposed Water Rate Increases

(Not to exceed $9,450.00)





AGENDA ITEM #16:

RESOLUTION No (234-2019) - Authorizing Replacement of Compressors in Rooftop Heating and

Cooling Unit - Pascack Community Center ($23,175.00 serial bonds)





AGENDA ITEM #17:

RESOLUTION No (235-2019) - Authorizing Funds for Pascack Community Center Heating and Air

Conditioning Improvements ($23,500 for serial bond)





AGENDA ITEM #18:

RESOLUTION No (236-2019) - Authorizing Funds for Restoration of Cropsey Community Farm Barn

in New City ($470,333.00 for serial bond)





AGENDA ITEM #19:

RESOLUTION No (237-2019) - Authorizing Release of Escrow Funds for Stormwater Control Facility

Maintenance Agreement (Banchetto Restaurant (Nanuet Mall Out Parcel) Site Plan/Subdivision 63.08-3-8

& 7) (Release Escrow: $2,500.00)





AGENDA ITEM #20:

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RESOLUTION No (238-2019) - Authorizing Settlement of Tax Certioraris Regarding 175 9W Lake

Road LLC & 150 115 163 9W Lake Road (175 N. Route 9W & 167-173 N. Route 9W, Congers, NY)

TAX MAP No.: 44.8-1-25 & 44.8-1-25.1 (Total Refund: $43,308.75)





AGENDA ITEM #21:

RESOLUTION No (239-2019) - Authorizing Settlement of Tax Certioraris Regarding Kirchner Family

Enterprises (404 E. Route 59, Nanuet) TAX MAP No.: 64.6-2-43 (Total Refund: $5,153.57)





AGENDA ITEM #22:

RESOLUTION No (240-2019) - Authorizing Acceptance of Easement for Flood Protection Purposes (32

Benson Avenue, West Nyack, NY 10994 Tax Map No. 65.5-1-16) as Part of the Klein Avenue Levee

Project (Total Cost: $5,940.00)





AGENDA ITEM #23:

RESOLUTION No (241-2019) - Authorizing Acceptance of Easements for Flood Protection Purposes

(33 Benson Avenue, West Nyack, NY 10994 Tax Map No. 65.5-1-15) as Part of the Klein Avenue Levee

Project (Total Cost: $7,930.00)





AGENDA ITEM #24:

RESOLUTION No (242-2019) - Authorizing Refund of Municipal Search Fee to Daniel M. Dunphy for

Property Known as Tax Map No, 63.8-3-60 (162-A-33.11) (Refund Amount: $200.00)





AGENDA ITEM #25:

RESOLUTION No (243-2019) - Authorizing Refund of Building Permit Fee to Wald Realty Co., #2

LLC. for Property Known as Tax Map No. 64.6-1-10 (32-B-1.2) (Total Refund: $115.00)

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AGENDA ITEM #26:

RESOLUTION No (244-2019) - Approving Expenditure over $10,000 from Bond Resolution 318-2018

($13,200.00)





AGENDA ITEM #27:

RESOLUTION No (245-2019) - Authorizing the Purchase of Furniture and Televisions for the Street

Community Center (Not to Exceed: $13,000.00)





AGENDA ITEM #28:

RESOLUTION No (246-2019) - Authorizing the Purchasing Agent to Award Bid #3- Swimming Pool

Chemicals





AGENDA ITEM #29:

RESOLUTION No (247-2019) - Authorizing the Purchasing Agent to Re-advertise Bid #14-2019 --

Brookwood Lane Drainage Improvements





AGENDA ITEM #30:

RESOLUTION No (248-2019) - Amending Proposal for Engineering Services for the West Nyack

Revitalization ($19,200.00)





AGENDA ITEM #31:

RESOLUTION No (249-2019) - Authorizing the Purchasing Agent to Advertise Bid #15-2019 - West

Nyack Hamlet Revitalization Roadwork (Part A)

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AGENDA ITEM #32:

RESOLUTION No (250-2019) - Authorizing the Purchasing Agent to Advertise Bid #15-2019 - West

Nyack Hamlet Revitalization Park and Environmental Improvements (Part B)





AGENDA ITEM #33:

RESOLUTION No (251-2019) - Authorizing the Installation of a Commemorative Plaque to Street Sign,

Badger Street, New City, New York, in Memory of U.S. Army Medic James Anthony Margro

RESULT: ADOPTED [4 TO 0]

MOVER: George Hoehmann, Supervisor


AYES: George Hoehmann, Frank Borelli, Peter Bradley, Patrick Carroll

RECUSED: Donald Franchino

AGENDA ITEM #34:

RESOLUTION No (252-2019) - Waiving the Notice Requirement in Section 110-b of the New York

State ABC Law with Respect to a Liquor License for NY Ale House LLC (Blu Ale House) -- (1000

Palisades Center Drive, Space A404, West Nyack, NY 10994)





AGENDA ITEM #35:

RESOLUTION No (253-2019) - Granting Permission to The Dawg House to Dispense Alcoholic

Beverages at the Nanuet Street Fair





AGENDA ITEM #36:

RESOLUTION No (254-2019) - Granting Permission to Growler and Gill to Dispense Alcoholic






AGENDA ITEM #37:

RESOLUTION No (255-2019) - Granting Permission to Nanuet Restaurant to Dispense Alcoholic


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AGENDA ITEM #38:

RESOLUTION No (256-2019) - Appointing Steven M. Lopez to the Position of (Permanent) Custodian

I - Department of Engineering and Facilities Management, Effective and Retroactive to May 6, 2019

($46,953/annual)





AGENDA ITEM #39:

RESOLUTION No (257-2019) - Appointing Ruth Metz to the Position of (Permanent) Recreation

Information Clerk II, Recreation and Parks Department, Effective May 15, 2019 ($56,925/annual)





AGENDA ITEM #40:

RESOLUTION No (258-2019) - Appointing Robert Paul to the Position of (Permanent) Security

Administrator II - Data Processing Department, Effective May 15, 2019 ($129,734/annual)





AGENDA ITEM #41:

RESOLUTION No (259-2019) - Appointing Burke Titland and James Costello Promotionally to the

Position of Senior Groundsworker - DEFM, Effective May 14, 2019 ($62,121/annual)





AGENDA ITEM #42:

RESOLUTION No (260-2019) - Accepting the Resignation (By Retirement) of Patrick Kivlehan, Police

Detective, Police Department, Effective and Retroactive to April 27, 2019




AYES: George Hoehmann, Frank Borelli, Peter Bradley, Donald Franchino

RECUSED: Patrick Carroll

AGENDA ITEM #43:

RESOLUTION No (261-2019) - Establishing the Position of Clerk (Seasonal) - Fire Inspector's Office,

Building Department, Effective May 15, 2019

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AGENDA ITEM #44:

RESOLUTION No (262-2019) - Authorizing the Installation Two (2) No Parking Here to Corner Signs

to be Installed on Both Sides of Wesel Road at the Intersection of Middletown Road in Nanuet





AGENDA ITEM #45:

RESOLUTION No (263-2019) - Authorizing the Installation Two (2) R1-1 Stop Signs with Painted Stop

Lines on Tanglewood Court at the Intersection of Tanglewood Court and Wisconsin Avenue in Congers





Al Osterlitz, New City

The Grand Fondo Bike Ride is approaching. Is the Police Department prepared for this?

There was a photo opportunity that was posted on social media. Why were there not any

representatives from the County, including elected officials in that photo.

Max Estroff, Valley Cottage

He would like to know what is going on with Suez Water and Tilcon Headquarter Site.

Putting gas tanks on top of a hill overlooking the reservoir is a mistake. The Town should do

a very serious environmental study regarding this.

Tony Palaugutis, Nanuet

Nanuet Chamber of Commerce

He has a major issue with the P.M. Traffic on Middletown Road and Exit 10. Are there any

updates to the traffic problem? It is out of control.

Marge Hook, New City

Honoring the Police this past week was a very good program. She is commending the Town

for recognizing James Anthony Margro, US Army Medic, 101st Airborne that was killed in

action in Vietnam on May 13, 1969. She recommends the movies Hacksaw Ridge and God

Bless America.

The Supervisor Responded:

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Police are prepared for the Grand Fondo. He wishes it does not take place on this day

because it always takes place during the time of our Police Ceremony. This is a conflict.

Regarding the photo dedication of the County Road; he did not post anything on his

Facebook site. This came about by concerned citizens.

The Suez situation will be going befoe the Town Planning Board. Your comments will be

brought to the Town Planning Board.

The Town has come to an agreement with the County regarding Germonds Road and Little

Tor Road. There may be a traffic circle constructed at this location. This should help traffic

flow. There is a million dollars that has been secured for this DOT project. Construction

will not start for another two years.

There will be police ceremonies outside of Town Hall on Sunday, 9 A.M. to honor our

current and past police officers. There is also a ceremony at the Rockland County Building.

Also, on Saturday, May 18th, there will be a road dedication to Lt. Edward Meehan on the

corner of Dureya and Clearwater Road. He died of 911 related illnesses. The FDNY will be

involved with this road dedication.

Co. Carroll has an issue with people wearing Town Emblems and seals in public. It may be

an Ethics issue where we may need to change Ethics Code. He wants to make sure that the

Town Emblem is being worn appropriately.

At 9:12 PM there was a motion by Co. Borelli and seconded by Co. Franchino to end the

Town Board Meeting and enter into an Executive Session. All were in favor. The meeting

adjourned at 9:12 P.M.

Respectfully Submitted,

Justin Sweet, Town Clerk

Following the regularly scheduled Town Board Meeting on 5/14/2019 at approximately 9:12 PM,

a motion was made to enter into Executive Session by Deputy Supervisor/Councilman Frank

Borelli. The motion was seconded by Councilman Donald Franchino and it passed unanimously

5-0.

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The Town Clerk was not in attendance at this Executive Session. The Town Attorney, Thomas

Mascola was designated to take minutes.

During the executive session, a conference call occurred with outside counsel for Clarkstown

John Flannery, Esq. Mr. Flannery updated all five (5) members of the Town Council regarding a

pending motion involving the Palisades Mall (EklecCo) litigation. The case is pending in Federal

District Court in White Plains, NY. Previously, Federal Judge Nelson Roman granted

Clarkstown's motion to dismiss but he allowed Palisades to re-plead one cause of action.

Subsequently, Mr. Flannery re-filed his motion to dismiss and he indicated that he is cautiously

optimistic that the case will be dismissed.

The Palisades Mall would like to expand but to do so would require a town-wide referendum in

which the town citizens would have to vote to override a "restrictive covenant which runs with

the land" in question. EklecCo which owns the mall is adamant that they do not want a

referendum which is why they are attempting to invalidate the legal effect of the restrictive

covenant. Please note that previously the Palisades Mall lost a town wide referendum when the

Town residents voted to reject enlarging the size of the mall.

No formal vote was taken by the Town Board during the Executive Session.

At approximately, 10:20 PM, a motion was made by Councilman Carroll to close the Executive

Session. Donald Franchino seconded the motion and it carried unanimously by a 5-0 vote.

Immediately thereafter, a motion to adjourn the Town Board Meeting was made by Councilman

Peter Bradley which was seconded by Frank Borelli. That motion passed unanimously

5-0.

Thomas Mascola, Town Attorney

TB May 14, 2019ACCEPTING TOWN BOARD MEETING MINUTES OF NOVEMBER 27, 2018 &

MARCH 26, 2019

(219-2019)

Accepting Town Board Meeting Minutes of November 27, 2018, Town Board

Special Meeting Minutes of March 26, 2019 at 6:00 pm, Town Board Meeting

Minutes of March 26, 2019 at 7:00 pm and Town Board Meeting Minutes of

April 9, 2019

RESOLVED, that the Town Board Meeting Minutes of November 27, 2018, Town Board Special

Meeting Minutes of March 26, 2019 at 6:00 pm, Town Board Meeting Minutes of March 26, 2019 at 7:00

pm and Town Board Meeting Minutes of April 9, 2019 are hereby accepted as submitted by the Town

Clerk.

DATE: May 14, 2019

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TB May 14, 2019SETTING PUBLIC HEARING ON LOCAL LAW TO AMEND CH.18-22(B)

(220-2019)

Setting a Public Hearing on a Local Law Entitled Amending Chapter 18-22(B)

of the Town Code of Clarkstown Regarding the Board of Ethics

WHEREAS, Councilperson______________, a member of the Town Board of the Town of

Clarkstown, has introduced a proposed local law entitled,

“AMENDING CHAPTER 18-22(B) OF THE TOWN CODE OF CLARKSTOWN

REGARDING THE BOARD OF ETHICS”

and

WHEREAS, this proposed local law is to reinstate the authority of the Board of Ethics to

administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production

of any books or records it may deem relevant or material;

NOW, THEREFORE, be it

RESOLVED, that a public hearing, pursuant to §20 of the Municipal Home Rule Law, be held at

the Auditorium of the Town Hall, 10 Maple Avenue, New City, New York on May 28, 2019 at 7:00 p.m.,

or as soon thereafter as possible, relative to such proposed local law to amend Chapter 18 of the Town

Code of Clarkstown regarding the Board of Ethics, and be it

FURTHER RESOLVED that the Town Attorney of the Town of Clarkstown prepare notice of

such statutory hearing and that the Town Clerk cause the same to be published in the newspaper of

general circulation and posted in the same manner provided by law and file proof thereof in the Office of

the Town Clerk.

Dated: May 14, 2019 / TB 05-14-19 TA RES Local Law to Amend Ch. 18-22 (B) - Board of Ethics-kh

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TB May 14, 2019SETTING PUBLIC HEARING ON LOCAL LAW TO AMEND CH.18-22(B)





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TB May 14, 2019SETTING PUBLIC HEARINGS ON LOCAL LAW TO ESTABLISH NANUET TOD

ZONING

(221-2019)

Setting Public Hearings on a Local Law of the Town of Clarkstown, Rockland

County, Amending Chapter 290 of the Town Code, the Town Zoning Map

and the Town Official Map to Establish the Nanuet Transit Oriented

Development Zoning

WHEREAS, Councilperson______________, a member of the Town Board of the Town of

Clarkstown, has introduced a proposed local law entitled,

“AMENDING CHAPTER 290 OF THE TOWN CODE, THE TOWN ZONING MAP AND THE TOWN

OFFICIAL MAP TO ESTABLISH THE NANUET TRANSIT ORIENTED DEVELOPMENT

ZONING”

and

WHEREAS, this proposed local law is to enable and encourage many of the ideas and

recommendations from the development of the Nanuet Transit Oriented Development (TOD) Plan, which

was completed in 2018, that aim to develop a vibrant, walkable, and aesthetically pleasing mixed-use

neighborhood that better connects Nanuet’s Hamlet Center to surrounding neighborhoods, encourages

public transit use, discourages automobile dependency, and provides high-quality, affordable, and

sustainable housing;


RESOLVED, that the proposed local law is hereby referred to the Clarkstown Planning Board for

its review and recommendations, and to the Rockland County Commissioner of Planning and the other

municipalities and governmental bodies as required by Sections 239-1 and 239-m of the General

Municipal Law and other applicable provisions of law, and be it

FURTHER RESOLVED, that for the purposes of the New York State Environmental Quality

Review Act (SEQRA), the Town Board determines that it shall act as lead agency and Jose Simoes,

Principal Town Planner, is hereby authorized and directed to act as agent for the Town Board with respect

to SEQRA review, and be it

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TB May 14, 2019SETTING PUBLIC HEARINGS ON LOCAL LAW TO ESTABLISH NANUET TOD

ZONING

FURTHER RESOLVED, that public hearings, pursuant to §20 of the Municipal Home Rule Law,

be held at the Auditorium of the Town Hall, 10 Maple Avenue, New City, New York on both June 11,

2019 and June 25, 2019 at 7:00 p.m., or as soon thereafter as possible, and be it

FURTHER RESOLVED that the Town Attorney of the Town of Clarkstown prepare notice of

such statutory hearing and that the Town Clerk cause the same to be published in the newspaper of

general circulation and posted in the same manner provided by law and file proof thereof in the Office of

the Town Clerk.

Dated: May 14, 2019

TB 05-14-19 TA RES Local Law to enable and encourage ideas of Nanuet TOD Plan-kh

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TB May 14, 2019ACCEPTING AUDIT OF THE TOWN OF CLARKSTOWN JUSTICE COURT

(222-2019)

Accepting the Audit of the Town of Clarkstown Justice Court

WHEREAS, the Town of Clarkstown has retained the firm Berard & Associates, CPA’s P.C. to

perform an Audit of the Town of Clarkstown Justice Court’s Financial Statements for the year ending

December 31, 2018,

NOW THEREFORE BE IT,

RESOLVED, that the Town Board of the Town of Clarkstown hereby accepts the Audit of the

Town of Clarkstown Justice Court for the year ending December 31, 2018 from Berard & Associates,

P.C.

Dated May 14, 2019

TB 5-14-2019 COM RES Accepting the Audit of the Town of Clarkstown Justice Ct.

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TB May 14, 2019AUTHORIZING ACCEPTING FUNDS AND AMENDING BUDGET

(223-2019)

Authorizing Accepting Funds and Amending Budget

WHEREAS, the Town has received $3,192.84 from Seized Property, $23,000 from

Geico General Insurance Co, $350,000 from the Dormitory Authority of the State of NY (DASNY),

$282,130.91 from NYS Governor’s Office of Storm Recovery (GOSR) and $2,400 from Suez Water,


RESOLVED, to increase Revenue Account A-01-11-4320-0 (General- Federal Seized Property)

and Expense Account A-3120-293-0 (Police-Law Enforcement Equipment) by $3,192.84 and be it,

FURTHER RESOLVED, to increase Revenue Account DB-041-8-2680-0 (Highway-Insurance

Recoveries) and Expense Account DB-5110-409-0 (Highway-Fees for Services) by $23,000 and be it

FURTHER RESOLVED, to increase Revenue Account H-15-10-3989-0 (Capital-State Aid) and

Expense Account H-8770-409-0-93-20 (Capital Projects-Police/Justice Ct Roof) by $350,000 and be it,

FURTHER RESOLVED, to increase Revenue Account H-15-11-4995-0 (Capital-Federal Aid)

and Expense Account H-8766-409-0-89-4 (Capital Projects-Cranford Drive Flood Improvement Project)

by $282,130.91 and be it

FURTHER RESOLVED, to increase Revenue Account H-15-9-2770-0 (Capital-Misc Revenue)

by $2,400 and increase Expense Accounts H-8770-409-0-93-6 (Capital Projects-Germonds Pool Complex

Renovations) by $1,800 and H-8770-409-0-93-15 (Capital Projects-Street Community Center

Renovations by $600 and

WHEREAS, certain accounts require additional funding,


RESOLVED, to decrease Expense Account A-1410-313-0 (Town Clerk-Office Supplies) and

increase Expense Account A-1410-204-0 (Town Clerk-Office Machines) by $157.29 and be it,

FURTHER RESOLVED, to decrease Expense Account A-1670-313-0 (Mail & Copy-Office

Supplies) and increase Expense Account A-1670-201-0 (Mail & Copy-Furniture) by $1,465.20 and be it,

FURTHER RESOLVED, to decrease Expense Account A-3020-319-0) Central

Communications-Misc Supplies) and increase A-3020-230-0 (Central Communications-Communications

Equipment) by $8.88.

Dated: May 14, 2019

L: TB 5-14-19 COM RES Accept Funds & Amend Budget

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TB May 14, 2019AUTHORIZING ACCEPTING FUNDS AND AMENDING BUDGET





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TB May 14, 2019 AMEND RESOLUTION - ZARIN & STEINMETZ

(224-2019)

Amending Resolution Nos. 354-2018 & 625-2018 Authorizing the Retention of

Michael D. Zarin, Esq. and Jody T. Cross, Esq. of Zarin and Steinmetz to

Review Town Code and Provide Legal Advice

WHEREAS, by Resolution No. 354-2018, adopted June 5, 2018, the Town Board authorized the

Supervisor to enter into an agreement to retain Michael D. Zarin, Esq. and Jody Cross, Esq. of Zarin &

Steinmetz, 81 Main Street, Suite 415, White Plains, New York as counsel to review the Town Code and

to provide legal advice on behalf of the Town, and

WHEREAS, total legal fees were not to exceed $25,000, and

WHEREAS, by Resolution No. 625-2018, adopted December 13, 2018, the Town Board

authorized the Supervisor to increase the amount of total legal fees by an additional $20,000,

WHEREAS, additional legal advice from Zarin & Steinmetz will be necessary;


RESOLVED, that Resolution No. 354-2018 & Resolution No. 625-2018 are hereby amended to

increase the amount of total legal fees by an additional $45,000, and be it

FURTHER RESOLVED, that the fees for these services shall be a proper charge to Account No.

A-1420-409.

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TB May 14, 2019 UPDATES TO TOWN OF CLARKSTOWN OFFICIAL MAP

(225-2019)

Directing the GIS Coordinator to Make Multiple Changes to Official Map of

the Town of Clarkstown

WHEREAS, the Town Board by a resolution #660-1988 deleted the portion of Terrace Avenue,

lying between the northerly side of Quaspeak Road and the southerly side of Jolliffe Street, Congers, and

declared it abandoned pursuant to Section 205 of the Highway Law as Shown on Schedule “A” on the

Official Map of the Town of Clarkstown, and the Rockland County Department of Planning approved the

abandonment by a letter dated June 14, 1998 by William Chase, Commissioner of Planning, and

WHEREAS, the Town Board by resolution 436-2017 named the private road located within the

approved and filed “Shield Subdivision” as “Danica Court” shown on Map 8271 filed in the Rockland

County Clerk’s Office, and

WHEREAS, the Town Board by resolution 427-2018 authorized the naming the unnamed town

road between Cottage Road and Valley Road in Valley Cottage New York as “Joe Stach’s Way,” and

WHEREAS, the Town Board by a resolution 286- 2018 accepted dedication of a portion of Red

Rock Road located within the approved and filed subdivision known as “Highland Vista Estates” shown

on Maps 7979, 7980, and 7981 filed in the Rockland County Clerk’s Office, and

WHEREAS, the following additional tax lots 52.20-1-98.8, 64.05-1-30./360, 35.18-1-4.34, 35.18-

1-1, 43.19-2-49, 43.19-2-50, 52.08-3-53.1, 52.20-1-98.7, 64.06-2-60¸ 64.08-2-37, 64.08-2-40, 64.08-2-39,

64.08-3-30 are owned by the Town and need to be added to the Town’s Official Map,


RESOLVED, the GIS Coordinator is hereby authorized and directed to delete the aforementioned

portion of Terrace Avenue from the Town’s Official Map as described in the attached Schedule A;

include the naming of Danica Court and Joe Stach’s Way on Town’s the Official Map; indicate that a

portion of Red Rock Road has been dedicated on the Official Map as described in Town Board

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TB May 14, 2019 UPDATES TO TOWN OF CLARKSTOWN OFFICIAL MAP

Resolution 286-2018 and indicate aforementioned addition tax lots held in the name of Town on the

Town’s Official Map,

FURTHER RESOLVED, the town clerk is directed to send a copy of this resolution to Scott

Loundsbry at the Rockland County Planning Department and the Rockland County Director of

Emergency Services.

Dated: May 14, 2019

TB 05-14-19 TA RES Amend Official Map- Multiple -sk

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Attachments

1. Schedule A - Changes to Official Map

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TB May 14, 2019 DEEMING FGEIS FOR NANUET TOD COMPLETE

(226-2019)

Nanuet TOD Rezoning – SEQRA -- Final Generic Environmental Impact

Statement (FGEIS)

WHEREAS, the Town of Clarkstown’s Comprehensive Plan calls for the implementation of Transit

Oriented Development (TOD) within the Town’s Hamlet Centers, and

WHEREAS, the Town of Clarkstown is currently working to implement TOD in the Hamlet of Nanuet,

and

WHEREAS, the Town of Clarkstown was awarded a $150,000 Cleaner Greener Communities Grant to

develop a TOD Plan for the Hamlet of Nanuet, and

WHEREAS, the consulting firm Cambridge Systematics was retained to aid the Town in developing a

TOD Plan for the Hamlet of Nanuet, and

WHEREAS, a Steering Committee of 18 members was established to assess project goals, project

deliverables and advise the project team on TOD Plan strategies, and

WHEREAS, public workshops were held on November 16, 2016, April 1, 2017, April 3, 2017 and June

4, 2017 to solicit comments on the TOD Plan, and

WHEREAS, on August 11, 2017 the Final Report for the Hamlet of Nanuet Transit Oriented

Development Plan was issued, and

WHEREAS, SEQRA review is required by NYSERDA, which is retaining $15,000 of the grant pending

its completion, and

WHEREAS, the Town Board is Lead Agency under the provisions of SEQRA, as it is the only involved

agency that can undertake the passage of the proposed legislation, and

WHEREAS, the Town Board reviewed the Hamlet of Nanuet Transit Oriented Development Plan - Final

Report prepared by Cambridge Systematics, dated October 1, 2017, and the Draft Scoping Document

prepared by the Planning Department dated January 25, 2018, and

WHEREAS, the Town Board determined that the recommendations of the Hamlet of Nanuet Transit

Oriented Development Plan - Final Report shall be the basis for a proposed Local Law amending the

Zoning Code of the Town of Clarkstown, and

WHEREAS, the Planning Department prepared a Draft Scoping Document based on the

recommendations of the Hamlet of Nanuet Transit Oriented Development Plan - Final Report, and

WHEREAS, the proposed Scope for Nanuet TOD Rezoning included potential impacts to land use,

community services, infrastructure, traffic, parking and community character within and beyond the

project area.

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WHEREAS, at the Town Board meeting of January 30, 2018 the Board issued a Positive Declaration

under the provisions of SEQRA for the Nanuet TOD Rezoning and accepted the Draft Scoping Document

for the Nanuet TOD Rezoning, and

WHEREAS, at the aforementioned meeting the Town Board directed the Planning Department to

distribute the Draft Scoping Document to all interested or involved agencies, established a public

comment period to receive written comments on the Scoping Document, which ended March 2, 2018 and

held a public scoping session on the Draft Scoping Document on February 26, 2018, and

WHEREAS, the Draft Scoping Document was revised to reflect input received from the public during

the public scoping session held on February 26, 2018 and by written comments received from Metro-

North Railroad, the Rockland County Planning, Highway and Health Departments, the Nanuet Fire

Department and local residents, and

WHEREAS, the Nanuet TOD Steering Committee met on March 16 and 27, 2018 to review the scoping

comments and accepted the revisions to the Draft Scoping Document. At these meetings the Steering

Committee also recommended that the Town Board utilize the proposed zoning map and revised bulk

tables based on the Hamlet of Nanuet Transit Oriented Development Plan - Final Report to prepare a

Draft Generic Environmental Impact Statement (DGEIS), and

WHEREAS, one comment received from the Rockland County Planning Department, which asks that the

impacts related to construction as a result of the new zoning be studied in depth, and a comment received

from the public concerning noise and odors associated with development in the TOD Study Area will not

be reflected in the Scoping Document as this would be difficult to measure with any level of accuracy

within a Generic EIS and the impacts of construction activities are better examined by the Planning Board

during the site plan approval process on a case by case basis, and

WHEREAS, on April 10, 2018 the Town Board accepted the Final Scoping Document prepared for the

Nanuet TOD Rezoning and directed the Planning Department to initiate the development of the Draft

Generic Environmental Impact Statement for the Nanuet TOD Rezoning, and

WHEREAS, the Planning Department in conjunction with the planning consulting firms of Cambridge

Systematics and AKRF prepared the Draft Generic Environmental Impact Statement for the Nanuet TOD

Rezoning and presented it to the Town Board at their meeting of October 2, 2018.

WHEREAS, on October 9, 2018 the Town Board deemed the Draft Generic Environmental Impact

Statement for the Nanuet TOD Rezoning complete and directed the Planning Department to distribute the

document to interested and involved agencies, file the document with the Town Clerk, provide a copy for

public review at the Nanuet Library and post the document on the Town’s website, and

WHEREAS, as directed, the DGEIS was distributed to interested and involved agencies, filed with the

Town Clerk and a copy was provided for public review at the Nanuet Library and posted on the Town’s

website, and

WHEREAS, a Public Hearing on the DGEIS was held on November 13, 2018 and a comment period of

at least 10 days was established to receive input on the DGEIS, and

WHEREAS, comments on the DGEIS were received and have been addressed, and a Final Generic

Environmental Impact Statement (FGEIS) has been prepared.

THEREFORE BE IT RESOLVED that the Town Board has received the FGEIS for the Nanuet TOD

Rezoning and hereby deems it complete, and

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THEREFORE BE IT FURTHER RESOLVED that the Town Board shall afford interested and

involved agencies and the public not less than 10 calendar days in which to consider the FGEIS before

issuing its written findings statement, and hereby directs the Planning Department to distribute the FGEIS

to interested and involved agencies, file the document with the Town Clerk, provide a copy for public

review at the Nanuet Library and post the document on the Town’s website.

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TB May 14, 2019 DESIGNATING VANDERBILT BUDKE HOUSE AS PARKLAND

(227-2019)

Designating the Tallman - Budke House and Surrounding Area in West

Nyack as Town Parkland

WHEREAS, the former Traphagen property, located at 131 Germonds Road, West Nyack, New York,

which is designated on the Clarkstown Tax Map as Map 58.7-1-86, is currently owned by the Town of

Clarkstown and is adjacent to the Germonds Park, and

WHEREAS, on September 14, 2014, by Town Board Resolution 370-2014, the Town Board designated

the Vanderbilt Budke house as an historic site pursuant to Chapter 25-3(C) of the Town Code of the

Town of Clarkstown, and

WHEREAS, the Town plans to restore the Vanderbilt Budke House and expand recreational and cultural

activities on this site, and

WHEREAS, in order to better preserve the opportunities for such activities on this property the Town

wishes to designate the Vanderbilt Budke House and a portion of land surrounding it as Town parkland,

and

WHEREAS, the specific metes and bounds of this portion of property are as shown on the Schedule A

attached hereto.

THEREFORE BE IT RESOLVED that the Town Board does hereby designate the aforementioned

portion of the former Traphagen property, tax lot 58.7-1-86, as Town parkland.

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Attachments

1. Schedule A

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SCHEDULE “A” PARKLAND AREA

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Clarkstown, County of Rockland and State of New York and being more accurately described as follows: Beginning at a point in lands of the Town of Clarkstown known as Traphagen, (Tax Map Lot 58.07-01-86), said point being the following two courses and distances from the northeast corner of said lands of the Town of Clarkstown known as Traphagen:

a. N 86 10’ 30” W, a distance of 75.00 feet, thence b. S 03 49’ 30” W, a distance of 98.00 feet, and running thence:

1. South 03 49’ 30” West, a distance of 95.00 feet, thence

2. North 86 10’ 30” West, a distance of 100.00 feet, thence

3. North 03 49’ 30” East, a distance of 95.00 feet, thence

4. South 86 10’ 30” East, a distance of 100.00 feet, to the point or place of beginning

Containing an area of 9,500 square feet (0.218 acres).

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TB May 14, 2019 PD CONFERENCE - 2019 SNYPJOA

(228-2019)

Authorizing Expenses for Conference (2019 State of New York Police Juvenile

Officers Association Inc. (SNYPJOA) Annual Training Conference)

WHEREAS, Clarkstown Police Department Lt. Glenn Cummings has requested authorization for

two (2) police officers to attend the 2019 State of New York Police Juvenile Officers Association Inc.

(SNYPJOA) Annual Training Conference from August 25-30,2019,


RESOLVED, that the Town Board hereby authorizes the police officers to attend the 2019 State

of New York Police Juvenile Officers Association Inc. (SNYPJOA) Annual Training Conference from

August 25-30,2019, and be it

FURTHER RESOLVED, that the registration fees and reasonable and necessary expenses

incurred by the police officers for conference, lodging, travel and meals and dues shall constitute a proper

charge to Account No. A-3260-404.0, and Account No. A-3260-414.0, and the total cost shall not exceed

$2,500.00.

Dated: May 14, 2019

TB 05-14-19 PD Conference -2019 SNYPJOA Annual Training Conference- sk

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TB May 14, 2019 PD CONFERENCE - POLYGRAPH RE-CERTIFICATION

(229-2019)

Authorizing Expenses for Conference (Polygraph Re-Certification)


one (1) police officer to attend the Polygraph Re-Certification from May 5-10, 2019,


RESOLVED, that the Town Board hereby authorizes the police officer to attend the Polygraph

Re-Certification from May 5-10, 2019, and be it


incurred by the police officer for conference, lodging, travel and meals and dues shall constitute a proper


$2,000.00, and be it

FURTHER RESOLVED, that this Resolution is effective and retroactive to May 5, 2019.

Dated: May 14, 2019

TB 05-14-19 PD Conference - Polygraph Re-Certification- sk

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TB May 14, 2019 PD CONFERENCE - SIRCHIE BLOODSTAIN PATTERN CLASS

(230-2019)

Authorizing Expenses for Conference (Sirchie Bloodstain Pattern Class)


one (1) police officer to attend the Sirchie Bloodstain Pattern Class from May 20-24, 2019,


RESOLVED, that the Town Board hereby authorizes the police officer to attend the Sirchie

Bloodstain Pattern Class from May 20-24, 2019, and be it


incurred by the police officers for conference, lodging, travel and meals and dues shall constitute a proper


$1,350.00.

Dated: May 14, 2019

TB 05-14-19 PD Conference - Sirchie Bloodstain Pattern

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TB May 14, 2019ASSESSOR CONFERENCE - NYSAA CORNELL SEMINAR ON APPRAISING

(231-2019)

Authorizing Expenses for Conference (NYSAA Cornell Seminar on

Appraising)

WHEREAS, John J. Noto, Assessor, has requested authorization for five (5) employees to attend

the NYSAA Seminar on Assessment Administration from July 14-19, 2019, and

WHEREAS, one (1) employee has received an all expenses paid full scholarship,


RESOLVED, that the Town Board hereby authorizes five (5) employees to attend the NYSAA

Seminar on Assessment Administration from July 14-19, 2019, and be it

FURTHER RESOLVED, that the registration fees and reasonable and necessary expenses for the

four (4) employees for hotel, travel and meals shall constitute a proper charge to Account Nos. A-1355-

404 and A-1355-414, and be it

FURTHER RESOLVED, that the total cost shall not exceed $4,600.00 for four (4) employees

and there shall be no cost for one (1) employee.

Dated: May 14, 2019

TB 05-14-19 TA RES Assessor NYSAA Seminar-sk

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TB May 14, 2019AGREEMENT FOR MAINTENANCE AND UPKEEP OF PARK & RIDE LOTS

(232-2019)

Authorizing the Supervisor to Enter into an Agreement with the County of

Rockland to Provide Maintenance and Upkeep for Certain Park and Ride

Lots

WHEREAS, the County of Rockland, through its Department of Public Transportation, is

desirous of entering into an agreement with the Town of Clarkstown for maintenance and upkeep of park

and ride lots located at:

1. Exit 12 - Route 303 P&R North Lot

2. Exit 12 - Route 303 P&R South Lot

3. Exit 14 - East P&R Lot

4. Exit 14 - West P&R Lot

5. Exit 14 - North P&R Lot

6. Nanuet RR @ Fisher Ave. P&R Lot

7. Middletown Rd. @ Exxon P&R Lot

8. Valley Cottage P&R Lot

9. Smith Street P&R Lot

10. Middletown Rd./PIP Exit 10 P&R Lot

11. Route 304/Cavalry Dr. P&R Lot

and

WHEREAS, the County of Rockland agrees to pay the Town the sum of $358,000.00 in

connection with the maintenance of the designated park and ride lots;


RESOLVED, that the Town Board of the Town of Clarkstown hereby authorizes the Supervisor

to enter into such agreement with the County of Rockland, in a form approved by the Town Attorney, for

the period January 1, 2019 and terminating December 31, 2019, to provide maintenance and upkeep of

park and ride lots located at sites referred to herein, and be it

FURTHER RESOLVED, that the County of Rockland agrees to reimburse the Town of

Clarkstown for said work in a sum not to exceed $358,000.00.

Dated: May 14, 2019 / TB 05-14-19 TA RES County IMA - Park & Ride Maintenance-kh

TMM

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TB May 14, 2019AGREEMENT FOR MAINTENANCE AND UPKEEP OF PARK & RIDE LOTS





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TB May 14, 2019AGREEMENT FOR DICHTER LEGAL SERVICES-WATER RATE CASE

(233-2019)

Authorizing the Town to Share the Cost of Legal Services Performed by

Dichter Law LLC as Part of a Coalition to Challenge any Unjustified

Proposed Water Rate Increases

WHEREAS, Dichter Law LLC has submitted a proposal dated April 30, 2019 to represent and

provide legal services to the Town of Clarkstown as part of a Coalition consisting of the Towns of

Clarkstown, Haverstraw, Orangetown, Ramapo and Stony Point as well as the Rockland County Solid

Waste Management Authority and Rockland County Sewer District #1 concerning the pending Suez

Water New York rate case before the Public Service Commission, and

WHEREAS, the Town Attorney finds said proposal to be reasonable in terms of scope and price,

and recommends the hiring of Dichter Law LLC;


RESOLVED, that the Town Board hereby authorizes the Supervisor to enter into an agreement

with Dichter Law LLC, 118 N. Bedford Rd., Suite 300, Mount Kisco, New York in a form approved by

the Town Attorney, to provide legal services pursuant to its proposal dated April 30, 2019, and be it

FURTHER RESOLVED, that the fee for said work shall not exceed $9,450.00, which represents

the Town of Clarkstown’s share of the total fee, plus Clarkstown’s pro rata share of reimbursement for

out of pocket costs and expenses incurred for such legal services, and said fee and expenses will be

charged to Account No. A 1420-409.

Dated: May 14, 2019

TB 05-14-19 TA RES Dichter Agree-Coalition-Suez Water Rate Increases-kh

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TB May 14, 2019AGREEMENT FOR DICHTER LEGAL SERVICES-WATER RATE CASE





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TB May 14, 2019REPLACEMENT OF HEATING & COOLING UNIT-PASCACK COMMUNITY

CENTER

(234-2019)

Authorizing Replacement of Compressors in Rooftop Heating and Cooling

Unit - Pascack Community Center

WHEREAS, the cooling compressors in the combination units to heat and cool the gymnasium

area at the Pascack Community Center have been inspected by Siemens at the Towns request, and

WHEREAS, the compressors have been found to be damaged beyond repair, and

WHEREAS, Siemens has provided a proposal, dated 04/26/2019, to replace the compressors,

refrigerant, internal oil, clean the unit coils and install new filters to restore the units to normal operating

condition in the amount of $23,175.00, and

WHEREAS, the proposal has been reviewed by the Director of Engineering and Facilities

Management and found to be reasonable.

NOW THEREFORE, BE IT RESOLVED that Town Board hereby authorizes the Director of

Engineering and Facilities Management to retain:

Siemens Industry, Inc.

Building Technologies

8 Fernwood Rd.

Florham Park, NJ 07932

To replace the unit compressors in accordance with the proposal in the amount of $ 23,175.00, and

BE IT FURTHER RESOLVED that the amount shall be a proper charge to account number H

8772-409-0-95-10, and

BE IT FURTHER RESOLVED that it is the intent of the Town Board to fund this work

through the issuance of serial bonds.

Dated: May 14, 2019

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TB May 14, 2019BOND RESOLUTION-$23,500.00-PASCACK COMMUNITY CENTER HEATING

& AIR CONDITIONING

(235-2019)

Authorizing Funds for Pascack Community Center Heating and Air

Conditioning Improvements

BOND RESOLUTION OF THE TOWN OF CLARKSTOWN, NEW

YORK, ADOPTED MAY 14, 2019, AUTHORIZING HEATING AND

AIR CONDITIONING IMPROVEMENTS AT PASCACK

COMMUNITY CENTER IN NANUET, STATING THE ESTIMATED

MAXIMUM COST THEREOF IS $23,500, APPROPRIATING SAID

AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE

ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $23,500

TO FINANCE SAID APPROPRIATION

THE TOWN BOARD OF THE TOWN OF CLARKSTOWN, IN THE COUNTY OF

ROCKLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of

all the members of said Town Board) AS FOLLOWS:

Section 1. The Town of Clarkstown, in the County of Rockland, New York (herein

called the “Town”), is hereby authorized to undertake heating and air conditioning improvements at

Pascack Community Center in Nanuet. The estimated maximum cost thereof, including preliminary costs

and costs incidental thereto and the financing thereof, is $23,500 and said amount is hereby appropriated

for such purpose. The plan of financing includes the issuance of bonds in the principal amount of

$23,500 and any bond anticipation notes issued in anticipation of the sale of said bonds to finance said

appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the

principal of and interest on said bonds and notes.

Section 2. Bonds of the Town in the principal amount of $23,500 are hereby authorized

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to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the

Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.

Section 3. The following additional matters are hereby determined and declared:

(a) The period of probable usefulness applicable to the specific object or purpose for

which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 13 of the Law, is

ten (10) years.

(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued

in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the

effective date of this resolution for the purpose for which said bonds are authorized. The foregoing

statement of intent with respect to reimbursement is made in conformity with Treasury Regulation

Section 1.150-2 of the United States Treasury Department.

(c) The proposed maturity of the bonds authorized by this resolution will exceed five (5)

years.

Section 4. Each of the bonds authorized by this resolution and any bond anticipation

notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by

Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be

general obligations of the Town, payable as to both principal and interest by general tax upon all the

taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged

to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation

of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation

for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in

such year and (b) the payment of interest to be due and payable in such year.

Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the

provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or

declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond

anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the

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powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the

terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond

anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes,

and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the

chief fiscal officer of the Town.

Section 6. The validity of the bonds authorized by this resolution, and of any notes

issued in anticipation of the sale of said bonds, may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is

not authorized to expend money, or

(b) the provisions of law which should be complied with at the date of the

publication of such resolution, or a summary thereof, 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

(c) such obligations are authorized in violation of the provisions of the constitution.

Section 7. This bond resolution is subject to a permissive referendum and the Town

Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause

to be published in “The Journal-News,” a newspaper having a general circulation within said Town and

hereby designated the official newspaper of the Town for such publication, and posted on the sign board

of the Town maintained pursuant to the Town Law, a Notice in substantially the following form:

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TOWN OF CLARKSTOWN, NEW YORK

PLEASE TAKE NOTICE that on May 14, 2019, the Town Board of the Town of

Clarkstown, in the County of Rockland, New York, adopted a bond resolution entitled:

“Bond resolution of the Town of Clarkstown, New York, adopted

May 14, 2019, authorizing heating and air conditioning

improvements at Pascack Community Center in Nanuet, stating the

estimated maximum cost thereof is $23,500, appropriating said

amount for such purpose, and authorizing the issuance of bonds in

the principal amount of $23,500 to finance said appropriation,”

an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:

FIRST: AUTHORIZING said Town is hereby authorized to undertake heating and air

conditioning improvements at Pascack Community Center in Nanuet; STATING the estimated maximum

cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is

$23,500; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the

issuance of $23,500 bonds of the Town to finance said appropriation, and the levy of a tax upon all the

taxable real property within the Town to pay the principal of said bonds and interest thereon;

SECOND: AUTHORIZING the issuance of bonds in the principal amount of $23,500

pursuant to the Local Finance Law of the State of New York to finance said additional appropriation;

THIRD: DETERMINING and STATING the period of probable usefulness applicable to

the purpose for which said bonds are authorized to be issued is fifteen (15) years; the proceeds of said

bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the

Town for expenditures made after the effective date of this bond resolution for the purpose for which said

bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years;

FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in

anticipation of said bonds shall be general obligations of the Town; and PLEDGING to their payment the

faith and credit of the Town;

FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of

said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof;

and

SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum.

DATED: May 14, 2019

Justin Sweet

Town Clerk

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Section 8. The Town Clerk is hereby authorized and directed to cause said bond

resolution to be published, in summary, after said bond resolution shall take effect, in the newspaper

referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together

with a Notice in substantially the form as provided by Section 81.00 of the Law.

* * *

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TB May 14, 2019BOND-$470,333.00-RESTORATION OF CROPSEY COMMUNITY FARM BARN

(236-2019)

Authorizing Funds for Restoration of Cropsey Community Farm Barn in New

City

BOND RESOLUTION OF THE TOWN OF CLARKSTOWN, NEW

YORK, ADOPTED MAY 14, 2019, AUTHORIZING RESTORATION

OF THE CROPSEY COMMUNITY FARM BARN LOCATED IN

NEW CITY, STATING THE ESTIMATED MAXIMUM COST

THEREOF IS $470,333, APPROPRIATING SAID AMOUNT FOR

SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF

BONDS IN THE PRINCIPAL AMOUNT OF $470,333 TO FINANCE

SAID APPROPRIATION

THE TOWN BOARD OF THE TOWN OF CLARKSTOWN, IN THE COUNTY OF

ROCKLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of

all the members of said Town Board) AS FOLLOWS:

Section 1. The Town of Clarkstown, in the County of Rockland, New York (herein

called the “Town”), is hereby authorized to undertake restoration of the Cropsey Community Farm Barn

located in New City, in accordance with the Intermunicipal Agreement dated February 19, 2019 between

the Town and the County of Rockland (as well as related subsequent correspondence from the County and

confirmed in writing dated April 23, 2019 by the Town). The estimated maximum cost of the Town’s

share thereof, including preliminary costs and costs incidental thereto and the financing thereof, is

$470,333 and said amount is hereby appropriated for such purpose. The plan of financing includes the

issuance of bonds in the principal amount of $470,333 and any bond anticipation notes issued in

anticipation of the sale of said bonds to finance said appropriation, and the levy and collection of taxes on

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all the taxable real property in the Town to pay the principal of and interest on said bonds and notes.

Section 2. Bonds of the Town in the principal amount of $470,333 are hereby authorized

to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the

Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.

Section 3. The following additional matters are hereby determined and declared:

(a) The existing building is of at least Class “B” construction as defined by Section 11.00

a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for

which said bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.

12.(a)(2) of the Law, is fifteen (15) years.

(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued

in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the

effective date of this resolution for the purpose for which said bonds are authorized. The foregoing

statement of intent with respect to reimbursement is made in conformity with Treasury Regulation

Section 1.150-2 of the United States Treasury Department.

(c) The proposed maturity of the bonds authorized by this resolution will exceed five (5)

years.

Section 4. Each of the bonds authorized by this resolution and any bond anticipation

notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by

Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be

general obligations of the Town, payable as to both principal and interest by general tax upon all the

taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged

to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation

of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation

for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in

such year and (b) the payment of interest to be due and payable in such year.

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Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the

provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or

declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond

anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the

powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the

terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond

anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes,

and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the

chief fiscal officer of the Town.

Section 6. The validity of the bonds authorized by this resolution, and of any notes

issued in anticipation of the sale of said bonds, may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is

not authorized to expend money, or

(b) the provisions of law which should be complied with at the date of the

publication of such resolution, or a summary thereof, 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

(c) such obligations are authorized in violation of the provisions of the constitution.

Section 7. This bond resolution is subject to a permissive referendum and the Town

Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause

to be published in “The Journal-News,” a newspaper having a general circulation within said Town and

hereby designated the official newspaper of the Town for such publication, and posted on the sign board

of the Town maintained pursuant to the Town Law, a Notice in substantially the following form:

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TOWN OF CLARKSTOWN, NEW YORK

PLEASE TAKE NOTICE that on May 14, 2019, the Town Board of the Town of

Clarkstown, in the County of Rockland, New York, adopted a bond resolution entitled:

“Bond resolution of the Town of Clarkstown, New York, adopted

May 14, 2019, authorizing restoration of the Cropsey Community

Farm Barn located in New City, stating the estimated maximum cost

of the Town’s share thereof is $470,333, appropriating said amount

for such purpose, and authorizing the issuance of bonds in the

principal amount of $470,333 to finance said appropriation,”

an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:

FIRST: AUTHORIZING said Town is hereby authorized to undertake restoration of the

Cropsey Community Farm Barn located in New City, in accordance with the Intermunicipal Agreement

dated February 19, 2019 between the Town and the County of Rockland; STATING the estimated

maximum cost of the Town’s share thereof, including preliminary costs, and costs incidental thereto and

the financing thereof, is $470,333; APPROPRIATING said amount for such purpose; STATING the plan

of financing includes the issuance of $470,333 bonds of the Town to finance said appropriation, and the

levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and

interest thereon;

SECOND: AUTHORIZING the issuance of bonds in the principal amount of $470,333

pursuant to the Local Finance Law of the State of New York to finance said additional appropriation;

THIRD: DETERMINING and STATING the period of probable usefulness applicable to

the purpose for which said bonds are authorized to be issued is fifteen (15) years; the proceeds of said

bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the

Town for expenditures made after the effective date of this bond resolution for the purpose for which said

bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years;

FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in

anticipation of said bonds shall be general obligations of the Town; and PLEDGING to their payment the

faith and credit of the Town;

FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of

said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof;

and

SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum.

DATED: May 14, 2019

Justin Sweet

Town Clerk

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Section 8. The Town Clerk is hereby authorized and directed to cause said bond

resolution to be published, in summary, after said bond resolution shall take effect, in the newspaper

referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together

with a Notice in substantially the form as provided by Section 81.00 of the Law.

* * *

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TB May 14, 2019RELEASE ESCROW - STORMWATER AGREEMENT - BANCHETTO FEAST

(237-2019)

Authorizing Release of Escrow Funds for Stormwater Control Facility

Maintenance Agreement (Banchetto Restaurant (Nanuet Mall Out Parcel)

Site Plan/Subdivision 63.08-3-8 & 7)

WHEREAS, the Nanuet Mall Retail Property Trust provided escrow for Banchetto Restaurant

(Nanuet Out Parcel) in the amount of $2,500.00 as security for a Stormwater Control Facility

Maintenance Agreement, dated January 11, 2012, in connection with Banchetto Restaurant (Nanuet Mall

Out Parcel) Site Plan/Subdivision, and

WHEREAS, the Director of the Department of Engineering and Facilities Management has

advised that pursuant to the agreement all required inspections are current, and the five (5) year

maintenance period has now expired and the escrow funds are no longer required;


RESOLVED, that based upon the recommendation of the Director of Engineering and Facilities

Management, the escrow funds in the amount of 2,500.00 being held as security for the Stormwater

Control Facility Maintenance Agreement may now be released.

Dated: May 14, 2019

TB 05-14-19 TA RES Release Escrow- Banchetto Restaurant Stormwater - sk

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TB May 14, 2019TAX CERT SETTLEMENT - 175 9W LAKE ROAD LLC & 150 115 163 9W LAKE

ROAD

(238-2019)

Authorizing Settlement of Tax Certioraris Regarding 175 9W Lake Road

LLC & 150 115 163 9W Lake Road (175 N. Route 9W & 167-173 N. Route

9W, Congers, NY) TAX MAP No.: 44.8-1-25 & 44.8-1-25.1

WHEREAS, tax certiorari proceedings were commenced in Supreme Court, State of New York,

County of Rockland entitled 150 115 163 9W LLC & 175 9W Lake Road LLC v. The Assessors, The

Board of Assessors and The Board of Assessment Review of the Town of Clarkstown and the Town of

Clarkstown, Index No(s). 034139/2013, 033154/2014, 033146/2015, 032780/2016, 033294/2017, and

034064/2018, affecting parcel(s) designated as Tax Map No(s). 44.8-1-25 and 44.8-1-25.1, and more

commonly known as 175 N. Route 9W and 167-173 N. Route 9W, Conger, New York, and

WHEREAS, the attorney for the petitioner(s) has proposed to settle the proceeding(s) and

discontinue with prejudice pursuant to Section 727 of Real Property Tax Law of the State of New York

and without costs on the terms and conditions set forth herein, and

WHEREAS, such settlement has been recommended by the Tax Assessor, Tax Certiorari Counsel

for the Town of Clarkstown and the attorneys for the Clarkstown Central School District, who believe the

best interests of the Town and the School District are being served;


RESOLVED, that:

1. For the year(s) 2013/2014, the assessment on the premises owned by the petitioner(s)

described on the assessment roll as Tax Map No(s). 44.8-1-25 be reduced from $728,200 to $614,500 at a

cost to the Town of $3,478.94, the assessment on the premises owned by the petitioner(s) described on

the assessment roll as Tax Map No(s). 44.8-1-25.1 be reduced from $403,500 to $317,800 at a cost to the

Town of $2,622.21;

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ROAD





Town of $2,707.98;





Town of $3,118.42;





Town of $3,035.72;





Town of $3,088.21;





Town of $3,620.31;

7. Reimbursement for the year(s) 2013/2014, 2014/2015, 2015/2016, 2016/2017,

2017/2018, and 2018/2019 on the parcel(s) described as Tax Map No(s). 44.8-1-25 and 44.8-1-25.1, as

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ROAD

stated above, be made within sixty (60) days, without interest, through the Office of the Commissioner of

Finance; and such payment shall be adjusted by the Commissioner of Finance and the Town as a

deficiency added to the next county levy;

8. All municipal officials of the Town of Clarkstown shall be directed to make necessary

notations, changes, amendments and/or corrections necessary to implement this settlement, and be it

FURTHER RESOLVED, that the settlement of the aforesaid action is authorized upon the terms

and conditions herein stated; and Tax Certiorari Counsel for the Town of Clarkstown is authorized to sign

all documents necessary to effectuate such settlement.

Dated: May 14, 2019

TB 05-14-19 TA RES 175 9W Lake Road LLC & 150 115 163 9W Lake Road (175 N. Route 9W & 167-

173 N. Route 9W, Congers, NY)-sk

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TB May 14, 2019TAX CERT SETTLEMENT - KIRCHNER FAMILY ENTERPRISES (404 E. ROUTE

59)

(239-2019)

Authorizing Settlement of Tax Certioraris Regarding Kirchner Family

Enterprises (404 E. Route 59, Nanuet) TAX MAP No.: 64.6-2-43

WHEREAS, tax certiorari proceedings were commenced in Supreme Court, State of New York,

County of Rockland entitled Kirchner Family Enterprises v. The Assessors, The Board of Assessors and

The Board of Assessment Review of the Town of Clarkstown, Index No(s). 032774/2016, 033327/2017,

and 034035/2018, affecting parcel(s) designated as Tax Map No(s). 64.6-2-43 and more commonly

known as 404 E. Route 59, Nanuet, New York, and

WHEREAS, the attorney for the petitioner(s) has proposed to settle the proceeding(s) and

discontinue with prejudice pursuant to Section 727 of Real Property Tax Law of the State of New York

and without costs on the terms and conditions set forth herein, and

WHEREAS, such settlement has been recommended by the Tax Assessor, Tax Certiorari Counsel

for the Town of Clarkstown and the attorneys for the Clarkstown Central School District, who believe the

best interests of the Town and the School District are being served;


RESOLVED, that:

1. The assessment on the premises owned by the petitioner(s) described on the assessment

roll as Tax Map No(s). 64.6-2-43 be reduced for the year(s) 2016/2017 from $247,800 to $199,500 at a

cost to the Town of $1,581.72;




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TB May 14, 2019TAX CERT SETTLEMENT - KIRCHNER FAMILY ENTERPRISES (404 E. ROUTE

59)




4. Reimbursement for the year(s) 2016/17, 2017/18, and 2018/2019 on the parcel(s)

described as Tax Map No(s). 64.6-2-43, as stated above, be made within sixty (60) days, without interest,

through the Office of the Commissioner of Finance; and such payment shall be adjusted by the

Commissioner of Finance and the Town as a deficiency added to the next county levy;

5. All municipal officials of the Town of Clarkstown shall be directed to make necessary

notations, changes, amendments and/or corrections necessary to implement this settlement, and be it

FURTHER RESOLVED, that the settlement of the aforesaid action is authorized upon the terms

and conditions herein stated; and Tax Certiorari Counsel for the Town of Clarkstown is authorized to sign

all documents necessary to effectuate such settlement.

Dated: May 14, 2019

TB 05-14-19 TA RES Kirchner Family Enterprises (404 E. Route 59)-sk

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TB May 14, 2019ACCEPTING EASEMENT - 32 BENSON AVENUE, WEST NYACK - PASTERNAK

(240-2019)

Authorizing Acceptance of Easement for Flood Protection Purposes (32

Benson Avenue, West Nyack, NY 10994 Tax Map No. 65.5-1-16) as Part of the

Klein Avenue Levee Project

WHEREAS, a Town wide project is in process to construct and improve a flood protection levee

in the Town, and

WHEREAS, in accordance with the recommendations of the Director of the Department of

Engineering and Facilities Management of the Town of Clarkstown and Brooker Engineering,

engineering consultant for the Town of Clarkstown, the Town wishes to accept and record this easement

deemed necessary to allow for ingress and egress and for construction and maintenance of the flood

protection easement and other drainage purposes in connection with the Klein Avenue Levee Project in

the Town of Clarkstown, and

WHEREAS, John Pasternak, the owner of the subject property has offered to provide the Town

with the easement for $5,940, which is equal to the Town’s appraised value;


RESOLVED, that the Town Board hereby authorizes the Supervisor to accept an easement from

John Pasternak to further the construction of said Project and directs the Town Attorney to record said

easement, in a form acceptable to the Town Attorney, in the Rockland County Clerk's Office, and be it

FURTHER RESOLVED, that the Supervisor is hereby authorized to execute any and all ancillary

documents, in a form approved by the Town Attorney, necessary to pursue said purchase, and be it

FURTHER RESOLVED, that the fee for recording this easement shall be a proper charge to

Account No. H-8761-409-0-85-5, and be it

FURTHER RESOLVED, it is anticipated that this project will be fully reimbursed by FEMA.

Dated: May 14, 2019

TB 05-14-19 TA RES Flood Protection Easement- Pasternak-sk

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TB May 14, 2019ACCEPTING EASEMENT - 32 BENSON AVENUE, WEST NYACK - PASTERNAK





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TB May 14, 2019ACCEPTING EASEMENT - 33 BENSON AVENUE, WEST NYACK - TOBIN

(241-2019)

Authorizing Acceptance of Easements for Flood Protection Purposes (33

Benson Avenue, West Nyack, NY 10994 Tax Map No. 65.5-1-15) as Part of the

Klein Avenue Levee Project

WHEREAS, a Town wide project is in process to construct and improve a flood protection levee

in the Town, and

WHEREAS, in accordance with the recommendations of the Director of the Department of

Engineering and Facilities Management of the Town of Clarkstown and Brooker Engineering,

engineering consultant for the Town of Clarkstown, the Town wishes to accept and record a Flood

Protection Easement and a Temporary Construction Easement deemed necessary to allow for ingress and

egress and for construction and maintenance of the flood protection easement and other drainage purposes

in connection with the Klein Avenue Levee Project in the Town of Clarkstown, and

WHEREAS, John and Paula Tobin, the owners of the subject property has offered to provide the

Town with the easements for $7,930, which is equal to the Town’s appraised value;


RESOLVED, that the Town Board hereby authorizes the Supervisor to accept a Flood Protection

Easement and a Temporary Construction Easement from John and Paula Tobin to further the construction

of said Project and directs the Town Attorney to record said easements, in a form acceptable to the Town

Attorney, in the Rockland County Clerk's Office, and be it

FURTHER RESOLVED, that the Supervisor is hereby authorized to execute any and all ancillary

documents, in a form approved by the Town Attorney, necessary to pursue said purchase, and be it

FURTHER RESOLVED, that the fee for recording these easements shall be a proper charge to

Account No. H-8761-409-0-85-5, and be it

FURTHER RESOLVED, it is anticipated that this project will be fully reimbursed by FEMA.

Dated: May 14, 2019

TB 05-14-19 TA RES Flood Protection Easement Tobin-sk

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TB May 14, 2019ACCEPTING EASEMENT - 33 BENSON AVENUE, WEST NYACK - TOBIN





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TB May 14, 2019 REFUND MUNICIPAL SEARCH - DUNPHY

(242-2019)

Authorizing Refund of Municipal Search Fee to Daniel M. Dunphy for

Property Known as Tax Map No, 63.8-3-60 (162-A-33.11)

WHEREAS, Daniel M. Dunphy submitted a payment of $200.00 for a Municipal Search Fee

(Search Report No. 19-197) for property located at 32 Freund Drive, Nanuet, NY 10954, more

particularly described as TAX MAP NO. 63.8-3-60 (162-A-33.11), and

WHEREAS, the applicant has decided not to move forward with the search, and

WHEREAS, the Building Inspector has recommended a full refund of the amount of $200.00;


RESOLVED, that upon the recommendation of the Building Inspector, the Town Board hereby

authorizes a full refund of the Municipal Search fee in the amount of $200.00 to Daniel M. Dunphy, 32

Freund Drive, Nanuet, NY 10954 to be charged to Account No. B-02-6-2555.6.

Dated: May 14, 2019

TB 05-14-19 - Municipal Search Refund-Dunphy-sk

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TB May 14, 2019 REFUND BUILDING PERMIT - WALD REALTY (TUMBLE BEE)

(243-2019)

Authorizing Refund of Building Permit Fee to Wald Realty Co., #2 LLC. for

Property Known as Tax Map No. 64.6-1-10 (32-B-1.2)

WHEREAS, Wald Realty Co., #2 LLC submitted a payment of $150.00 for a building permit fee

(Building Permit No. 18-1108) for property located at 15 Smith Street, Nanuet, NY 10954, more

particularly described as TAX MAP NO. 64.6-1-10 (32-B-1.2), and

WHEREAS, the tenant has decided not to occupy the space, and

WHEREAS, the Building Inspector has advised that the fees for review and processing for the

above permit are $35.00 and has recommended a refund of the amount of overpayment of $115.00;


RESOLVED, that upon the recommendation of the Building Inspector, the Town Board hereby

authorizes a refund of the building permit fee in the amount of $115.00 to Wald Realty Co., #2 LLC, P.O.

Box 651, Nanuet, NY 10954 to be charged to Account No. B-02-6-2555.0.

Dated: May 14, 2019

TB 05-14-19 - Building Permit Refund-Wald Realty #2 (Tumble Bee)-sk

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TB May 14, 2019 APPROVING EXPENDITURE FOR BLUE HERON RD. BRIDGE

(244-2019)

Approving Expenditure over $10,000 from Bond Resolution 318-2018

WHEREAS, by resolution 318-2018 the Town Board authorized Miscellaneous Minor Improvements

throughout the Town and appropriated $250,000.00 for that purpose, and

WHEREAS, by resolution 356-2018 the Town Board amended resolution 318-2018 to require that

potential expenditures in excess of $10,000 on any one project be approved in advance by the Board, and

WHEREAS, the preparatory milling of the Blue Heron Road bridge over Pascack Brook requires

specialty milling equipment to prepare the concrete surface for a new wearing course overlay, and

WHEREAS the Town has received a proposal from The Gorman Group to provide equipment and labor

needed to perform concrete milling as needed in the amount of $13,200.00;

NOW THEREFORE, BE IT RESOLVED that the Town Board hereby approves the expenditure not to

exceed $13,200.00 to perform specialty concrete milling of the Blue Heron Rd Bridge over Pascack

Brook.

Dated: May 14, 2019

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TB May 14, 2019PURCHASE - FURNITURE AND TELEVISIONS FOR STREET SCHOOL

(245-2019)

Authorizing the Purchase of Furniture and Televisions for the Street

Community Center

WHEREAS, the Superintendent of Recreation and Parks has recommended the purchase

of furniture such as tables, seating, and storage racks and three televisions with mounts in

connection with the Street Community Center Renovations, and


RESOLVED, that the Town Board hereby authorizes the purchase of these items, and

be it

FURTHER RESOLVED, that said equipment shall be purchased from Proftech, LLC and

BH Photo and Video using NYS OGS bids/contracts,

FURTHER RESOLVED, that the purchase of said equipment, in an amount not to

exceed $13,000, shall be charged to Capital Account No. H-8770-400-409-0-93-15, and be it,

FURTHER RESOLVED, that it is the intent of the Town Board to fund this purchase

with existing serial bonds.

DATED: May 14, 2019

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TB May 14, 2019 AWARD BID #3-2019

(246-2019)

Authorizing the Purchasing Agent to Award Bid #3- Swimming Pool

Chemicals

RESOLVED, that based upon the recommendation of the Authorized Purchasing Agent that

BID #3-2019 - SWIMMING POOL CHEMICALS

is hereby awarded to: SLACK CHEMICAL CO., INC.

465 SOUTH CLINTON STREET

CARTHAGE, NY 13619

PRINCIPALS: ROBERT STURTZ

MARY SHANAHAN

MAIN POOL AND CHEMICAL COMPANY, INC.

110 COMMERCE ROAD

DUMONT, PA 18641

PRINCIPALS: THERESA O’MALLEY

THOMAS O’MALLEY

TREATMENT SPECIALTIES, DIV. OF

LIQUID-SOLIDS SEPARATION CORP

25 ARROW ROAD

RAMSEY, NJ 07446

PRINCIPALS: CAROL PAINTER

CHRIS TEDESCHI

as per the attached item/price schedule.

DATED: May 14, 2019

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Attachments

1. TB 05-14 PUR RES AWD Attachment 3-2019

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TOWN OF CLARKSTOWN

BID #3-2018 AWARD SUMMARY

SWIMMING POOL CHEMICALS

ITEM

NO ITEM DESCRIPTION UNIT UNIT PRICE AWARD 1. SODIUM HYPOCHLORITE tank BULK $1.447/gallon SLACK CHEMICAL LAKE NANUET 2600 GAL – about every 2 weeks GERMONDS 1200 GAL – about every 2 weeks Delivery: 1 – 2 days *DELIVERY BEFORE 11AM– A MUST TO ALL LOCATIONS 2. CALCIUM HYPOCHLORITE 100#/drum 4-6 GRANULAR $152.00/drum MAIN POOL

___________________________________________________________________________________________ 3. LAMOTTE PM3, (PM3363) Kit 3 $99.00/kit MAIN POOL TEST KIT & REFILLS .5 INCREMENT Refill 6 $5.50/strip of 10 4. DPD TEST REFILLS TABS 1 box 1000 1 $42.75/box MAIN POOL DPD PHENOL RED TABS $42.75/box ___________________________________________________________________________________________ 5. ACCU-TAB TABLETS 55 Gallon Pail $152.00/pail TREATMENT (Congers Pool) SPECIALTIES __________________________________________________________________________________________ 6. LIQUID ACID 1 Gallon Jug $6.88/gallon TREATMENT 4 gallons/case SPECIALTIES ___________________________________________________________________________________________ 7. LIQUID CO2 50 Lb. Canister NO BID RESPONSE ___________________________________________________________________________________________

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TB May 14, 2019RE-ADVERTISE BID #14-2019 -- BROOKWOOD LANE DRAINAGE

IMPROVEMENTS

(247-2019)

Authorizing the Purchasing Agent to Re-advertise Bid #14-2019 -- Brookwood

Lane Drainage Improvements

WHEREAS, bid proposals received for Bid #13-2018 - Brookwood Lane Drainage

Improvements were deemed unsatisfactory,

NOW THEREFORE, be it

RESOLVED, that all bids proposals received for the above mentioned bid are hereby rejected,

and be it

FURTHER RESOLVED, that the Authorized Purchasing Agent is hereby authorized to re-

advertise for bids for:

BID #14-2019 - BROOKWOOD LANE DRAINAGE IMPROVEMENTS

Bids to be returnable to the office of Purchasing, Room 323, 10 Maple Avenue,

New City, New York by A.M. on To be determined

at which time bids will be opened and read, and be it

FURTHER RESOLVED, that bid specifications and proposal documents can be obtained at the

office of the Clarkstown Purchasing Department

DATED: May 14, 2019

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TB May 14, 2019AMENDING PROPOSAL REGARDING WEST NYACK REVITALIZATION

(248-2019)

Amending Proposal for Engineering Services for the West Nyack

Revitalization

WHEREAS, the Town Board by resolution 148-2018 authorized H2M Engineers and Architects

to perform Consulting Engineering services for preparation of plans and specifications for the West

Nyack Revitalization - Phase 1 in the amount of $246,000.00 plus $8,000.00 reimbursable expenses, and

WHEREAS, the Town scheduled bid opening for the work on May 7, 2019 and received no bids

for the work, and

WHEREAS, the Town believes that separating the project into phases will allow for a larger field

of prospective bidders, and

WHEREAS, H2M has provided a proposal to separate the bid documents into separate phase bids

and to update the project Feasibility Study and said proposal has been reviewed by the Director of

Engineering and Facilities management and found to be reasonable

NOW THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes an increase in

the contract amount with H2M Engineers and Architects, in the amount of $19,200.00, and

BE IT FURTHER RESOLVED that the fees authorized above shall be charged to Account No. H

8755-409-79-21.

Dated: May 14, 2019

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TB May 14, 2019ADVERTISE BID #15-2019 - WEST NYACK HAMLET REVITALIZATION

ROADWORK

(249-2019)

Authorizing the Purchasing Agent to Advertise Bid #15-2019 - West Nyack

Hamlet Revitalization Roadwork (Part A)

RESOLVED, that the Authorized Purchasing Agent is hereby authorized to advertise for bids

for:

BID#15-2019 -WEST NYACK HAMLET REVITALIZATION ROADWORK

(PART A)

Bids to be returnable to the office of the Authorized Purchasing Agent, 10 Maple

Avenue, New City, New York at _________ A.M. on TO BE DETERMINED____


FURTHER RESOLVED, that bid specifications and proposal documents can be

obtained at the office of the Purchasing Department.

DATE: May 14, 2019

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TB May 14, 2019ADVERTISE BID #15-2019 -- WEST NYACK HAMLET REVITALIZATION PARK

(250-2019)

Authorizing the Purchasing Agent to Advertise Bid #15-2019 - West Nyack

Hamlet Revitalization Park and Environmental Improvements (Part B)

RESOLVED, that the Authorized Purchasing Agent is hereby authorized to advertise for bids

for:

BID#15-2019 -WEST NYACK HAMLET REVITALIZATION PARK

AND ENVIRONMENTAL IMPROVEMENTS (PART B)

Bids to be returnable to the office of the Authorized Purchasing Agent, 10 Maple

Avenue, New City, New York at _________ A.M. on TO BE DETERMINED____


FURTHER RESOLVED, that bid specifications and proposal documents can be

obtained at the office of the Purchasing Department.

DATE: May 14, 2019

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TB May 14, 2019COMMEMORATIVE PLAQUE BADGER STREET, NEW CITY - MARGRO

(251-2019)

Authorizing the Installation of a Commemorative Plaque to Street Sign,

Badger Street, New City, New York, in Memory of U.S. Army Medic James

Anthony Margro

WHEREAS, James Anthony Margro, U.S. Army Medic, 101st Airborne, was killed in action in

Vietnam on May 13, 1969, and

WHEREAS, U.S. Army Medic Margro received the Silver Star, first oak leaf to the Silver Star,

and a Bronze Star, and

WHEREAS, U.S. Army Medic Margro grew up on Badger Street, New City and some of his

family members still reside there, and

WHEREAS, as the 50th anniversary of his death approaches this month, the family of James

Anthony Margro, U.S. Army Medic, 101st Airborne, has requested the honorary naming of Badger Street,

New City, in memory of James Anthony Margro;


RESOLVED, that the Town Board of the Town of Clarkstown hereby honors the memory of U.S.

Army Medic James Anthony Margro, and authorizes the Clarkstown Highway Department to affix a

commemorative plaque, “JAMES ANTHONY MARGRO, U.S. ARMY MEDIC, 101st AIRBORNE”

to the street sign, Badger Street, New City, New York.

Dated: May 14, 2019

TB 05-14-19 TA RES Commemorative Plaque - Badger Street - Margro- sk

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TB May 14, 2019COMMEMORATIVE PLAQUE BADGER STREET, NEW CITY - MARGRO




AYES: George Hoehmann, Frank Borelli, Peter Bradley, Patrick Carroll

RECUSED: Donald Franchino

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TB May 14, 2019LIQUOR LICENSE 30 DAY WAIVER - NY ALE HOUSE LLC (BLU ALE HOUSE)

(252-2019)

Waiving the Notice Requirement in Section 110-b of the New York State ABC

Law with Respect to a Liquor License for NY Ale House LLC (Blu Ale House)

-- (1000 Palisades Center Drive, Space A404, West Nyack, NY 10994)

WHEREAS, Michael J. Paleudis, attorney for applicant, has advised the Town by e-mail dated

May 3, 2019, that NY Ale House LLC (Blu Ale House) has applied to the New York State Liquor

Authority for a change of class of on-premises liquor license at 1000 Palisades Center Drive, Space A404,

West Nyack, NY 10994, and

WHEREAS, to expedite processing of the applicant’s license application, Mr. Paleudis has

requested that the Town Board waive the thirty day waiting period provided by law, and

WHEREAS, the Town Board does not intend to comment upon such application;


RESOLVED, that the Town Board hereby waives the thirty day notice requirement contained in

Section 110-b of the Alcoholic Beverage Control Law, and states that it does not intend to offer any

comments regarding the application of NY Ale House LLC (Blu Ale House) for a change of class of

license at premises located at 1000 Palisades Center Drive, Space A404, West Nyack, NY 10994.

Dated: May 14, 2019

TB 05-14-19 TA RES Waive Liquor Notice- NY Ale House LLC (Blu Ale House)-sk

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TB May 14, 2019DISPENSE ALCOHOL NANUET STREET FAIR - THE DAWG HOUSE

(253-2019)

Granting Permission to The Dawg House to Dispense Alcoholic Beverages at

the Nanuet Street Fair

WHEREAS, Section 93-3 of the Code of the Town of Clarkstown provides that permission may

be granted by the Town Board to any person, company or organization desiring to dispense alcoholic

beverages on public property in the Town of Clarkstown, and

WHEREAS, The Dawg House wishes to obtain a permit from the Town Board to dispense

alcohol at the Nanuet Street Fair sponsored by the Greater Nanuet Chamber of Commerce to be held at

Main Street, Nanuet, on June 2, 2019;


RESOLVED, that the Town Board hereby grants permission

for The Dawg House to dispense alcoholic beverages at the Nanuet Street Fair on June 2, 2019 from

10:00 a.m. to 5 p.m. in accordance with and subject to Section 93-3 of the Town Code of the Town of

Clarkstown and receipt of a Certificate of Insurance naming the Town of Clarkstown as an additional

insured, and be it

FURTHER RESOLVED, that this Resolution shall constitute the permit.

Dated: May 14, 2019

TB 05-14-19 TA RES The Dawg House - Nanuet Street Fair-alcohol permit-sk

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TB May 14, 2019DISPENSE ALCOHOL NANUET STREET FAIR - GROWLER AND GILL

(254-2019)

Granting Permission to Growler and Gill to Dispense Alcoholic Beverages at





WHEREAS, Growler and Gill wishes to obtain a permit from the Town Board to dispense





for Growler and Gill to dispense alcoholic beverages at the Nanuet Street Fair on June 2, 2019 from 10:00

a.m. to 5 p.m. in accordance with and subject to Section 93-3 of the Town Code of the Town of


insured, and be it


Dated: May 14, 2019

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TB May 14, 2019DISPENSE ALCOHOL NANUET STREET FAIR - NANUET RESTAURANT

(255-2019)

Granting Permission to Nanuet Restaurant to Dispense Alcoholic Beverages at





WHEREAS, the Nanuet Restaurant wishes to obtain a permit from the Town Board to dispense





for Nanuet Restaurant to dispense alcoholic beverages at the Nanuet Street Fair on June 2, 2019 from

10:00 a.m. to 5 p.m. in accordance with and subject to Section 93-3 of the Town Code of the Town of


insured, and be it


Dated: May 14, 2019

TB 05-14-19 TA RES Nanuet Restaurant - Nanuet Street Fair-alcohol permit-sk

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TB May 14, 2019 APPOINTING STEVEN M. LOPEZ, (PERM), CUSTODIAN I

(256-2019)

Appointing Steven M. Lopez to the Position of (Permanent) Custodian I -

Department of Engineering and Facilities Management, Effective and

Retroactive to May 6, 2019

WHEREAS, the Rockland County Personnel Office has furnished Certification of Eligibles

#18116 Custodian I - which contains the name of Steven M. Lopez,

NOW, therefore, be it

RESOLVED, that Steven M. Lopez, - is hereby appointed (Permanent) to the position of

Custodian I - Department of Engineering and Facilities Management at the current 2019 annual salary of

$46,953., effective and retroactive to May 6, 2019.

DATED: May 14, 2019

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TB May 14, 2019APPOINTING RUTH METZ (PERMANENT) RECREATION INFORMATION

CLERK II, RECREATION AND PARKS DEPT.

(257-2019)

Appointing Ruth Metz to the Position of (Permanent) Recreation Information

Clerk II, Recreation and Parks Department, Effective May 15, 2019


#19116 (NCP T&E) Recreation Information Clerk II - which contains the name of Ruth Metz,


RESOLVED, that Ruth Metz, - is hereby appointed (Permanent) to the position of Recreation

Information Clerk II - Recreation and Parks Department at the current 2019 annual salary of $56,925,

effective May 15, 2019.

DATED: May 14, 2019

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TB May 14, 2019APPOINTING ROBERT PAUL, (PERM) SECURITY ADMINISTRATOR II, DATA

PROCESSING DEPT.

(258-2019)

Appointing Robert Paul to the Position of (Permanent) Security

Administrator II - Data Processing Department, Effective May 15, 2019


#19117 (NCP T&E) Security Administrator II - which contains the name of Robert Paul,


RESOLVED, that Robert Paul, - is hereby appointed (Permanent) to the position of Security

Administrator II - Data Processing Department at the current 2019 annual salary of $129,734. Effective

May 15, 2019.

DATED: May 14, 2019

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TB May 14, 2019APPOINTING BURKE TITLAND AND JAMES COSTELLO PROMOTIONALLY

TO POSITION OF SENIOR GROUNDSWORKER - DEFM

(259-2019)

Appointing Burke Titland and James Costello Promotionally to the Position

of Senior Groundsworker - DEFM, Effective May 14, 2019

WHEREAS, the CSEA and two employees in the bargaining unit represented by the CSEA

pursued a grievance against the Town; and

WHEREAS, the Town, the CSEA and the grievants have entered into a stipulation of settlement

to resolve that grievance and satisfy all claims by the grievants and/or the CSEA based upon the

allegations contained in the grievance; and

WHEREAS, the Town Board approves the stipulation of settlement; now, therefore, be it

RESOLVED, that the Town Board hereby authorizes the Town Supervisor to execute the

stipulation of settlement on behalf of the Town; and be it further

RESOLVED, that Burke Titland and James Costello, are hereby appointed Promotionally to the

position of Senior Groundsworker- DEFM - at the current 2019 annual salary of $62,121, effective May

14, 2019.

DATED: May 14, 2019

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TB May 14, 2019RESIGNATION (BY RETIREMENT) PATRICK KIVLEHAN, POLICE

DETECTIVE, POLICE DEPT.

(260-2019)

Accepting the Resignation (By Retirement) of Patrick Kivlehan, Police

Detective, Police Department, Effective and Retroactive to April 27, 2019

RESOLVED, that the resignation (by retirement) of Patrick Kivlehan, - Police Detective - Police

Department - is hereby accepted effective and retroactive to April 27, 2019.

DATED: May 14, 2019

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AYES: George Hoehmann, Frank Borelli, Peter Bradley, Donald Franchino

RECUSED: Patrick Carroll

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TB May 14, 2019ESTABLISHING POSITION OF CLERK (SEASONAL), FIRE INSPECTOR'S

OFFICE, BUILDING DEPT.

(261-2019)

Establishing the Position of Clerk (Seasonal) - Fire Inspector's Office,

Building Department, Effective May 15, 2019

WHEREAS, the Rockland County Personnel Office has certified on April 19, 2019 that the

position of Clerk (Seasonal) - Fire Inspector’s Office, Building Department, can be established;


RESOLVED, that the position of Clerk (Seasonal) - Fire Inspector’s Office, Building Department

- is hereby established effective May 15, 2019.

DATED: May 14, 2019

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TB May 14, 2019INSTALLATION OF TWO NO PARKING SIGNS ON BOTH SIDES OF WESEL

ROAD

(262-2019)

Authorizing the Installation Two (2) No Parking Here to Corner Signs to be

Installed on Both Sides of Wesel Road at the Intersection of Middletown Road

in Nanuet

WHEREAS, an investigation by the Traffic and Traffic Fire Safety Advisory Board resulted in

the recommendation that Two (2) No Parking Here to Corner Signs be installed on both sides, fifteen feet

back from the corners (north and south bound) on Wesel Road at the intersection of Middletown Road in

Nanuet; and

NOW, THEREFORE, be it RESOLVED, that the Town Board hereby authorizes the

Superintendent of Highways to install such signage as indicated above, and be it

FURTHER RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the

Clarkstown Highway Department, Chief of Police and the Traffic and Traffic Fire Safety Advisory Board

for file and information.

DATE: May 14, 2019

TTFSA

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TB May 14, 2019INSTALLATION OF TWO STOP SIGNS TO BE INSTALLED ON TANGLEWOOD

COURT

(263-2019)

Authorizing the Installation Two (2) R1-1 Stop Signs with Painted Stop Lines

on Tanglewood Court at the Intersection of Tanglewood Court and Wisconsin

Avenue in Congers

WHEREAS, an investigation by the Traffic and Traffic Fire Safety Advisory Board resulted in

the recommendation that Two (2) R1-1 Stop Signs with Painted Stop Lines be installed on Tanglewood

Court at the intersection of Wisconsin Avenue in Congers; and

NOW, THEREFORE, be it RESOLVED, that the Town Board hereby authorizes the

Superintendent of Highways to install such signage as indicated above, and be it

FURTHER RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the

Clarkstown Highway Department, Chief of Police and the Traffic and Traffic Fire Safety Advisory Board

for file and information.

DATE: May 14, 2019

TTFSA

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town of clarkstown

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