Law
Office of John J. Tormey III, Esq.
John
J. Tormey III, PLLC
1636
Third Avenue, PMB 188
New
York, New York 10128 USA
(212)
410-4142 (phone)
(212)
410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
REQUEST
UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW (“FOIL”)
Monday,
May 12, 2025
VIA
FAX: 1-845-364-2671, U.S. MAIL, and E-MAIL:
rosamilb@co.rockland.ny.us
Brianna Rosamilia, District
Manager
Rockland County Soil and
Water Conservation District
Dr. Robert L. Yeager Health
Center
50
Sanatorium Rd, Building A, 6th Floor - Room 613
Pomona, New York 10970
USA
VIA FAX: 1-845-364-2671,
U.S. MAIL, and E-MAIL:
bradfora@co.rockland.ny.us.
Adam Bradford, Conservation
District Technician
Rockland County Soil and
Water Conservation District
Dr. Robert L. Yeager Health
Center
50 Sanatorium Rd, Building A,
6th Floor - Room 613
Pomona, New York 10970
USA
To:
Kevin McGuinness, Executive
Director
James Dean, Chair - Orangetown
Highway Department
Bob Milone - Clarkstown Highway
Department
J. Bart Gordon - Haverstraw Highway
Department
Larry Brissing - Stony Point Highway
Department
Fred Brinn - Ramapo Highway
Department
Re:
FOIL Requests - Village of Piermont, New York – All Comprehensive Plan Grant
Documentation
Dear
Ms. Rosamilia, Mr. Bradford, Mr. McGuinness, Mr. Dean, Mr. Milone, Mr. Gordon,
Mr. Brissing, and Mr. Brinn:
Executive Summary: A few weeks ago, some new and serious
questions arose regarding grant funding and Piermont’s
brand-spanking-new Comprehensive Plan. I have launched a citizen inquiry into
that funding. This FOIL is a part of it. I am seeking to triangulate what I
find in Rockland County records on topic, as against the records of other
entities and agencies. While the below FOIL is written in a detailed manner,
its thrust is actually a lot simpler than that. I am looking for all records which
any of you may have relating to Piermont’s Comprehensive Plan and Piermont
grant monies including solicitations and applications therefor. The FOIL
request follows:
-
- - - -
Without
limitation to the further specificity of my itemized queries hereinbelow, this
FOIL request seeks all Records relating to the Village of Piermont, New York’s
Comprehensive Municipal Plan alias “Comprehensive Plan” or “Comp Plan” -
including without limitation all grants sought or obtained in connection
therewith and all applications and entreaties therefor since January 1, 2018.
The
further background on this FOIL request is as follows. As you may already be
aware, the Village of Piermont and its finances have recently been under New
York State Comptroller “Risk Assessment” scrutiny. Reports indicated that this
led New York State Comptroller personnel to spend at least one month at
Piermont Village Hall poring over Piermont’s books and records and making
recommendations for changes to how Piermont handles its finances.
Additionally,
the Village of Piermont rammed-through a rushed draft uncorrected Comprehensive
Plan by a unanimous 5-0 Board of Trustees vote on Tuesday evening April 29,
2025 at Piermont Village Hall in Piermont, New York. Yet the Piermont
Comprehensive Plan appears to have been kicking around with minimal activity
for years prior. The so-called Piermont “Comprehensive Plan Committee” or “CPC”
continued to kick that proverbial can down the road until the more recent
fervor of CPC activity over the past several months.
The
reasons that lame-duck Piermont Mayor Bruce Tucker and his Village Hall cronies
rammed-through the Piermont Comprehensive Plan on April 29, 2025 were: (1) to
seek to bootstrap-in a harmful real estate development at 447-77 Piermont
Avenue to be built over the site of a former Sunoco gasoline station that had underground
gasoline tanks, as well as (2) to avoid the requirement of generating an
Environmental Impact Statement (EIS) in favor of a Negative Declaration (“Neg
Dec”) instead.
Yet,
a third reason for the bum’s-rush that Piermont residents suffered on April 29,
2025, is the most alarming and likely the most directly relevant to you and
your agency. Videos of April’s Board of Trustees meetings on April 15, 2025 and
April 29, 2025 at Piermont Town Hall are linked here:
https://www.youtube.com/watch?v=HPRpiePQSEA
https://www.youtube.com/watch?v=zYpJIEuOb5w
At
these meetings, Piermont’s publicist-planner Maximilian (“Max”) Stach of the Nelson
Pope Voorhis firm spoke to the public and the Village Board of Trustees, on
behalf of the Village and Village Board. Stach admitted that the Village of
Piermont was in some form of jeopardy with respect to Comprehensive Plan grant monies.
Stach further indicated, by admission, that Piermont needed to rush its
Comprehensive Plan in April as opposed to May - not simply to obtain future
prospective grant money, but in order not to be forced to refund
Comprehensive Plan grant money back to the original grantor or grantors.
This
was an astounding admission against interests for Stach and Piermont to make in
an open tribunal.
Why
would an agency confer Comp Plan grant money to a village, but only if subject
to a naked promise of a full or partial after-occurring “rebate” or “refund’ if
the Comp Plan was later unapproved or otherwise failed? A condition subsequent?
Unless Piermont failed to match and then lied about it, that confounds logic
and makes no sense. I am therefore concerned that the Village of Piermont may
have already made off with grant money previously paid over to the Village of
Piermont by one or more other agencies or entities - perhaps even yours - and
perhaps predicated upon a prior written Village misrepresentation that the Piermont
Comp Plan had already been approved, or was somehow already in effect prior to
April 29, 2025.
Well,
it hadn’t.
Therefore,
this letter is not just a FOIL request. It is also a request for an
investigation of the Village of Piermont by your agency.
The
Village of Piermont appears to have been less-than-transparent with its
residents as to the amount of Comprehensive Plan grant money it has applied for
and obtained over past years. To my knowledge, the Village of Piermont never
posted its Comp Plan grant applications themselves to the Internet or social
media. Therefore, I am back-tracking through the list of organizations that the
Village of Piermont “credited” in the textual acknowledgments of Piermont’s
latest draft Comp Plan, and I am serving this FOIL request (or FOIA request, in
the case of federal agencies) upon all likely or possible grantors. When I
obtain the Records in response, I will publish them for all Piermont residents
to review in the interests of the First Amendment and investigative journalism.
I will also likely forward copies to a few friends in a few other “agencies”.
I
also note that the Piermont Board of Trustees made the mistake of overriding
Rockland County recommendations when approving the Piermont Comprehensive Plan on
Tuesday, April 29, 2025. As noted above, Max Stach is from the Village of
Piermont’s de facto publicist “planning” firm of Nelson Pope Voorhis.
You remember Nelson Pope Voorhis. They are the same clowns that inserted the
“No NIMBY” clause into their Town of Southold contract:
https://suffolktimes.timesreview.com/2022/09/consulting-agency-frequently-hired-by-southold-town-faces-criticism-following-nimby-clause-in-recent-southampton-town-contract/
Max
Stach actually had the audacity to suggest on Tuesday, April 29, 2025 in open
session at Piermont Village Hall, that he personally needed to educate and
“train” the professionals at the Rockland County Department of Planning, as to
how a Comprehensive Plan should be written. I trust that this will likely not
sit well once the County receives a “Notice of Final Action” on the
Comprehensive Plan from the Piermont Village Board of Trustees.
As
for the business at hand, I am an attorney in New York, and a citizen and
resident of the Town of Orangetown and the County of Rockland. Under the New
York State Freedom of Information Law:
http://www.dos.ny.gov/coog/foil2.html
and,
as may be applicable, its state, federal, and other counterparts, including
without limitation New York Public Officers Law, Article 6, Sections 84-90, and
Title 5 of the United States Code, Section 552 (collectively herein referred to
as “FOIL”), request is hereby made that each of you provide to this, my law
office, full and complete copies of each and every document and other item of
material dated, generated, or otherwise materializing from January 1, 2018
forward to the present day (collectively, “Records”) which may be at all
responsive to the following requests:
1.
Grant Solicitations. All Records constituting, reflecting, or
otherwise referencing requests, solicitations, applications, amendments, bids,
or other inquiries seeking grants, awards, loans, commendations, funds, matching
funds, or other things of value in connection with the Village of Piermont,
New York or its Comprehensive Plan.
2.
Grant Monies. All Records constituting, reflecting or otherwise
referencing payments, grants, awards, loans, funds, matching funds, commendations,
recognitions, other things of value, or rebates, refunds, economic penalties,
or fines, in connection with the Village of Piermont, New York or its
Comprehensive Plan.
3.
Grant Conditions. All Records constituting, reflecting, or
otherwise referencing “ground rules” or other pre-conditions for payments,
grants, awards, loans, funds, matching funds, commendations, recognitions,
or other things of value in connection with the Village of Piermont, New York
or its Comprehensive Plan.
4.
Audits. All Records constituting, reflecting, or otherwise
referencing any audits or other follow-up on payments, grants, awards, loans,
funds, matching funds, commendations, recognitions, or other things of
value in connection with the Village of Piermont, New York or its Comprehensive
Plan.
5.
Piermont Entities. All Records reflecting or otherwise
referencing any Piermont, New York non-profits, commissions, societies,
alliances, associations, boards, or other associated entities including the
following, and including without limitation all e-mails and other
communications to or from these entities, in
connection with the Village of Piermont, New York or its Comprehensive Plan:
-Piermont Comprehensive Plan Committee (alias
the “CPC”).
-Piermont Civic Association.
-Piermont Historical Society.
-Sparkill Creek Watershed Alliance.
-Village of Piermont Planning Board.
-Village Of Piermont Zoning Board Of Appeal (ZBA).
-Village of Piermont Waterfront Resiliency Commission.
-Nelson Pope Voorhis and “Planner” Maximilian (“Max”)
Stach.
6.
Piermont People. All Records reflecting or otherwise referencing any
of the following individuals in connection with the Village of Piermont, New
York or its Comprehensive Plan:
-Mayor Bruce Edward Tucker alias “Bruce
Tucker”.
-Sylvia Welch – “Grant Writer”, “Commissioner
For Funding And Development”, and Member, “Comprehensive Plan Committee”.
-Maximilian (“Max”) Stach of the Nelson Pope
Voorhis firm.
-Barbara Scheulen - Member, “Comprehensive Plan Committee”, and President, Piermont
Historical Society.
-Rod Johnson - Member, “Comprehensive Plan
Committee”.
-Klaus Jacob - Member, “Comprehensive Plan
Committee”.
-Paul Kadin - Member, “Comprehensive Plan
Committee”.
-Chris Sanders - Member, “Comprehensive Plan
Committee”.
-Lino Sciarretta, Esq. - Member, “Comprehensive
Plan Committee”.
-Mark William Blomquist - Deputy Mayor and
Piermont NY Village Trustee.
-“Richard Owen Burns” alias “Rob Burns” alias
“Dick Burns” - Ex-Piermont NY Village Trustee
-Christine McAndrews - Piermont NY Village
Trustee.
-Rondi Marie Casey alias “Rondi Casey” -
Ex-Piermont NY Village Trustee.
-Nathan (Nate) Mitchell - Piermont NY Village
Trustee and current Mayoral Candidate.
-Michael Emerson Wright alias “Michael
Wright” - Piermont NY Village Trustee.
-Jennifer DeYorgi Maher - Piermont NY “Chief
Fiscal Officer”, “Treasurer”, “Village Clerk”, and “Registrar of Vital
Statistics”
-Michele Marzo, Piermont NY Deputy Clerk,
Treasurer.
-Sylvia Carbonell, Piermont NY Village Clerk.
-Maggie Cavanaugh - Clerk, Piermont NY Building
Department.
-Charles (Charlie) Schaub, Piermont NY Building
Inspector and “Flood Plain Manager”.
-Joe Knizeski, Assistant Piermont NY Building
Inspector.
-Christian (Chris) Catania, alias “Christian
Charles”, Piermont NY “Clerk to the Boards”, “Administrative Assistant Building
Clerk”, and “Secretary of the Planning and Zoning Boards”.
-David Levy, Piermont NY Planning Board “Chairman”.
-Daniel Spitzer, Ex-Piermont NY Planning Board
Chair
-Ed Nelson – Ex-Member, Piermont NY Planning
Board.
-Jerry Warshaw – Member, Piermont NY Planning
Board.
-Kim Stiefel - Member, Piermont NY Planning
Board.
-Don Guyton – Member, Piermont NY Planning
Board.
-Mary Kirby – Member, Piermont NY Planning
Board.
-Jacey Raimondo – Alternate Member, Piermont NY
Planning Board.
-David Kristiansen - Alternate Member, Piermont
NY Planning Board.
-Adra Bubesi Mounier – Ex-Alternate Member,
Piermont NY Planning Board.
-Usha Wright – “Chairman”, Piermont NY Zoning
Board of Appeal (ZBA).
-Walter Cain – Member, Piermont NY Zoning Board
of Appeal (ZBA).
-Kevin Timoney - Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Peter T. Metzler – Ex-Member, Piermont NY
Zoning Board of Appeal (ZBA).
-Dr. Philip Tierno – Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Gregg Manzione – Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Rochelle Spooner - Alternate Member, Piermont
NY Zoning Board of Appeal (ZBA).
-Molly MacQueen - Alternate Member, Piermont NY
Zoning Board of Appeal (ZBA).
-Joanne Ottaviano - President, “Piermont Civic
Association”.
-Margaret Grace - President Emeritus, “Piermont
Civic Association”.
-Mary Lukens - Vice-President, “Piermont Civic
Association”.
-Greg Barrett - Treasurer, “Piermont Civic
Association”.
-Dan Sherman - Vice President, “Piermont
Historical Society”.
-Steve Kulovits - Secretary, “Piermont
Historical Society”.
-Betsy Franco Feeney - Board Member, “Piermont
Historical Society”.
-Lola Esnard - Board Member, “Piermont
Historical Society”.
7.
Other Grantor Agencies. All Records reflecting or otherwise
referencing any governmental entity grantors including those below-listed as
may be applicable, in connection with the Village of Piermont, New York or its
Comprehensive Plan – and including without limitation all e-mails and other
communications to or from these agencies.
-New York State Department of State (NYSDOS).
-New York State Department of State (NYSDOS) “Smart
Growth Community Planning Program”.
-New York State Department of State (NYSDOS) “NYS
Smart Growth Program”.
-New York State Department of Environmental
Conservation (NYSDEC).
-New York State Department of Environmental
Conservation (NYSDEC), Climate Smart Communities (CSC) Grant Program.
-New York State Department of Environmental
Conservation (NYSDEC), DEC SDVOB Compliance Unit.
-New York State Department of Environmental
Conservation (NYSDEC), SDVOB Program.
-New York State Department of Environmental
Conservation (NYSDEC), MWBE Program.
-New York State Department of Environmental
Conservation (NYSDEC), Hudson River Estuary/Hudson River Programs.
-Federal Emergency Management Agency (FEMA).
-FEMA Hazard Mitigation Grant Program (HMGP).
-FEMA Building Resilient Infrastructure and
Communities (BRIC) Grant Program.
-U.S. Department of Homeland Security.
-New York State Division of Homeland Security &
Emergency Services.
-New York State Environmental Protection Fund (EPF), MBS,
Bureau of Contracts and Grant Development.
-New York State Office of Parks, Recreation and
Historic Preservation.
-Empire State Development Corporation.
-New York State Department of Agriculture and Markets.
-New York State Water Resources Institute (NYSWRI),
Cornell University.
-Stormwater Consortium of Rockland County.
-Cornell Cooperative Extension of Rockland County.
-Climate Resilience Partnership.
-New York State Division of Housing and Community
Renewal (HCR).
-New York State Homes And Community Renewal, Office Of
Legal Affairs.
-New York State Regional Economic Development Council
(REDC) – Mid-Hudson Region.
-Rockland County Department of Planning.
-Rockland County Planning Board.
-Rockland County Comprehensive Plan - “Envision
Rockland”.
-“Envision Rockland” - Community Advisory Working Group.
-Rockland County Office of Community Development.
-Rockland County Department of Economic Development
and Tourism.
-Rockland County Law Department.
-Rockland County Department (Division) of
Environmental Resources (DER).
-Rockland County Highway Department.
-Rockland County Office of Buildings and Codes (OBC).
-Rockland County Sewer District No. 1.
-Office of the Rockland County Executive.
-Town of Orangetown, New York.
-Town of Orangetown Planning Board.
-Office of the Town of Orangetown Supervisor.
-Town of Orangetown - Office of Building, Zoning,
Planning and Enforcement (OBZPAE).
8.
Title 11. All Records reflecting or otherwise referencing Title
11 of the “Environmental Protection Fund” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
9.
Downtown Revitalization Initiative. All Records reflecting or
otherwise referencing the “Downtown Revitalization Initiative” in connection
with the Village of Piermont, New York or its Comprehensive Plan.
10.
NY Forward Program. All Records reflecting or otherwise
referencing the “NY Forward Program” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
11.
Brownfield Opportunity Area. All Records reflecting or otherwise
referencing the “Brownfield Opportunity Area” in connection with the Village of
Piermont, New York or its Comprehensive Plan.
12.
Local Waterfront Revitalization Program. All Records reflecting
or otherwise referencing the “Local Waterfront Revitalization Program” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
13.
Federal Funding CFDA #97.047. All Records reflecting or otherwise
referencing “Federal Funding CFDA #97.047” in connection with the Village of
Piermont, New York or its Comprehensive Plan.
14.
Buzzwords. All Records reflecting, or otherwise referencing the
following in connection with the Village of Piermont, New York or its
Comprehensive Plan:
adaptation
adoption
budgeting
citizen input
climate change
community development
community facilities
economic development
elevation
environmental development
flood plain
flooding
goals
implementation recommendations
infrastructure
land use
mitigation
outreach
parking
planning
revitalization
SEQR
SEQRA
strengths, weaknesses, opportunities, and threats
(“SWOT”) reports and analyses
sustainability
transportation
workshops
zoning
15.
E-Mails And Correspondence. Specifically, I am seeking all
Records of any e-mails, memos, notes, correspondence, documents, or other
writings to, from, referencing, or otherwise relating to the Village of
Piermont, New York or its Comprehensive Plan.
16.
All Other Records. Specifically, I am seeking all other Records
of any other kind or nature relating to the Village of Piermont, New York or
its Comprehensive Plan.
17.
Definition Of “Records”. “Records” should be construed in the
broadest sense and manner possible and should include “any information kept,
held, filed, produced or reproduced by, with or for (your agency or office)...
in any physical form whatsoever...” (FOIL,§86[4]) including without limitation
all audio recordings, blog posts, correspondence, data maintained
electronically, data, e-mails, executive summaries, extracts, faxes, instant
messages, Internet posts, letters, log-book entries, memos, paper records,
personal messages, social media communications, spreadsheets, summaries,
synopses, telephone records, test-reports, visual recordings, and any other
materials:
http://www.dos.ny.gov/coog/foil2.html#s86
18.
Headings And Subheadings. The headings and subheadings used in
this letter are for convenience of reference purposes only, and should not be
construed to be words of limitation or otherwise of any substantive
significance relative to this FOIL request.
19.
Costs. If there are any copying or other fees for this, please
let me know what they are and how they are calculated, before filling the
request and forwarding the Records to me. As this FOIL should be considered a
matter of public importance, and as its results will be shared with the general
public and published, I am asking that any otherwise-applicable fees be waived
for this document-production. I am also asking that all documents be provided
to me electronically to the full extent possible, so as to obviate the need for
any photocopying expense.
20.
Denials And Appeals. In the event that any portion of my request
is denied, please inform me of each of the specific reasons for any such denial
in writing - and provide me with the name, address, and other contact
information of the person or entity to whom an appeal should be directed.
21.
Additional Requests. This FOIL request is not intended to be
exhaustive, and I may make additional and follow-up requests.
I
will appreciate a response from you and your office as soon as possible. I look
forward to hearing from you. Thank you.
Very
truly yours,
John
J. Tormey III, Esq.
cc:
VIA
FAX: 1-518-474-1927, U.S. MAIL, and E-MAIL:
coog@dos.ny.gov
NYS
Committee on Open Government (COOG)
Department
of State
One
Commerce Plaza, 99 Washington Avenue, Suite 650
Albany,
New York 12231 USA
Law
Office of John J. Tormey III, Esq.
John
J. Tormey III, PLLC
1636
Third Avenue, PMB 188
New
York, New York 10128 USA
(212)
410-4142 (phone)
(212)
410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
REQUESTS
UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW (“FOIL”)
Thursday,
May 8, 2025
VIA
FAX: 1-845-364-3940, U.S. MAIL and E-MAIL:
RCOCD@co.rockland.ny.us
Alexandra S. Obremski,
Director
Maria Frank, Assistant
Director
Rockland County Office of
Community Development
50 Sanitorium Road - Building
A, 6th Floor
Pomona, New York 10970
USA
VIA U.S. MAIL and E-MAIL:
explorerocklandny@co.rockland.ny.us
Jenna Nazario, Director
Rockland County Department of
Economic Development and Tourism
50 Sanatorium Road
Building A, 8th Floor
Pomona, New York 10970
USA
VIA U.S. MAIL and E-MAIL
Thomas Edward Humbach, Esq. –
County Attorney
Rockland County Law
Department
Office of the County Attorney
11 New Hempstead Road
New City, New York 10956-3664
USA
VIA FAX: 1-845-364-2671, U.S.
MAIL and E-MAIL:
env@co.rockland.ny.us
Kevin McGuinness, Coordinator
of Environmental Resources
Rockland County Department (Division)
of Environmental Resources (DER)
50 Sanatorium Road K
Pomona, New York 10970
USA
VIA FAX: 1-845-
638-5037, U.S. MAIL and E-MAIL:
highway@co.rockland.ny.us
Charles H. “Skip” Vezzetti, Superintendent
of Highways
Rockland County Highway
Department
23 New Hempstead Road
New City, New York 10956
USA
VIA FAX: 1-845-
638-5037, U.S. MAIL and E-MAIL:
Charles H. “Skip” Vezzetti, Superintendent
of Highways
Rockland County Highway
Department
26 Scotland Hill Road
Chestnut Ridge, New York 10977
USA
VIA U.S. MAIL and E-MAIL:
BuildingsAndCodes@co.rockland.ny.us
Ed Markunas, Director
Rockland County, Office of
Buildings and Codes (OBC)
50 Sanatorium Road
Pomona, New York 10970
USA
VIA FAX: 1-845-365-6686, U.S.
MAIL, and E-MAIL:
RCSD@co.rockland.ny.us
Joseph LaFiandra – Engineer
II
Rockland County Sewer
District No. 1
4 Route 340
Orangeburg, New York 10962 USA
VIA U.S. MAIL and E-MAIL:
CountyExec@co.rockland.ny.us
Ed Day, Rockland County
Executive
Office of the Rockland County
Executive
11 New Hempstead Road
New City, New York 10956
USA
Re:
FOIL Requests - Village of Piermont, New York – All Comprehensive Plan Grant
Documentation
Dear
Rockland County Officials:
Executive Summary: I have been trying to clean up the
Village of Piermont for over the past year. It’s real work. A few weeks ago,
some new and serious questions arose regarding grant funding and
Piermont’s brand-spanking-new Comprehensive Plan. I have launched a citizen
inquiry into that funding. This FOIL is a part of it. Mainly, here, I am
seeking to triangulate what I find in Rockland County records on topic, as
against the records of other entities and agencies. While the below FOIL is
written in a detailed manner, its thrust is actually a lot simpler than that. I
am looking for all records which any of you may have relating to Piermont’s
Comprehensive Plan and Piermont grant monies including solicitations
and applications therefor. The FOIL requests follow:
-
- - - -
Without
limitation to the further specificity of my itemized queries hereinbelow, these
FOIL requests seek all Records relating to the Village of Piermont, New York’s
Comprehensive Municipal Plan alias “Comprehensive Plan” or “Comp Plan” -
including without limitation all grants sought or obtained in connection
therewith and all applications and entreaties therefor since January 1, 2018.
The
further background on these FOIL requests, is as follows. As you may already be
aware, the Village of Piermont and its finances have recently been under New
York State Comptroller “Risk Assessment” scrutiny. Reports indicated that this
led New York State Comptroller personnel to spend at least one month at
Piermont Village Hall poring over Piermont’s books and records and making
recommendations for changes to how Piermont handles its finances.
Additionally,
the Village of Piermont rammed-through a rushed draft uncorrected Comprehensive
Plan by a unanimous 5-0 Board of Trustees vote on Tuesday evening April 29,
2025 at Piermont Village Hall in Piermont, New York. Yet the Piermont
Comprehensive Plan appears to have been kicking around with minimal activity
for years prior. The so-called Piermont “Comprehensive Plan Committee” or “CPC”
continued to kick that proverbial can down the road until the more recent
fervor of CPC activity over the past several months.
The
reasons that lame-duck Piermont Mayor Bruce Tucker and his Village Hall cronies
rammed-through the Piermont Comprehensive Plan on April 29, 2025 were: (1) to
seek to bootstrap-in a harmful real estate development at 447-77 Piermont
Avenue to be built over the site of a former Sunoco gasoline station that had underground
gasoline tanks, as well as (2) to avoid the requirement of generating an
Environmental Impact Statement (EIS) in favor of a Negative Declaration (“Neg
Dec”) instead.
Yet,
a third reason for the bum’s-rush that Piermont residents suffered on April 29,
2025, is the most alarming and likely the most directly relevant to you and
your respective agencies. Videos of April’s Board of Trustees meetings on April
15, 2025 and April 29, 2025 at Piermont Town Hall are linked here:
https://www.youtube.com/watch?v=HPRpiePQSEA
https://www.youtube.com/watch?v=zYpJIEuOb5w
At
these meetings, Piermont’s publicist-planner Maximilian (“Max”) Stach of the Nelson
Pope Voorhis firm spoke to the public and the Village Board of Trustees, on
behalf of the Village and Village Board. Stach admitted that the Village of
Piermont was in some form of jeopardy with respect to Comprehensive Plan grant monies.
Stach further indicated, by admission, that Piermont needed to rush its
Comprehensive Plan in April as opposed to May - not simply to obtain future
prospective grant money, but in order not to be forced to refund
Comprehensive Plan grant money back to the original grantor or grantors.
This
was an astounding admission against interests for Stach and Piermont to make in
an open tribunal.
Why
would an agency confer Comp Plan grant money to a village, but only if subject
to a naked promise of a full or partial after-occurring “rebate” or “refund’ if
the Comp Plan was later unapproved or otherwise failed? A condition subsequent?
Unless Piermont failed to match and then lied about it, that confounds logic
and makes no sense. I am therefore concerned that the Village of Piermont may
have already made off with grant money previously paid over to the Village of
Piermont by one or more other agencies or entities - perhaps even yours - and
perhaps predicated upon a prior written Village misrepresentation that the Piermont
Comp Plan had already been approved, or was somehow already in effect prior to
April 29, 2025.
Well,
it hadn’t.
Therefore,
this letter is not just a FOIL request. It is also a request for an
investigation of the Village of Piermont by your respective agencies.
The
Village of Piermont appears to have been less-than-transparent with its
residents as to the amount of Comprehensive Plan grant money it has applied for
and obtained over past years. To my knowledge, the Village of Piermont never
posted its Comp Plan grant applications themselves to the Internet or social
media. Therefore, I am back-tracking through the list of organizations that the
Village of Piermont “credited” in the textual acknowledgments of Piermont’s
latest draft Comp Plan, and I am serving this FOIL request (or FOIA request, in
the case of federal agencies) upon all likely or possible grantors. When I
obtain the Records in response, I will publish them for all Piermont residents
to review in the interests of the First Amendment and investigative journalism.
I will also likely forward copies to a few friends in a few other “agencies”.
I
also note that the Piermont Board of Trustees made the mistake of overriding
Rockland County recommendations when approving the Piermont Comprehensive Plan on
Tuesday, April 29, 2025. As noted above, Max Stach is from the Village of
Piermont’s de facto publicist “planning” firm of Nelson Pope Voorhis.
You remember Nelson Pope Voorhis. They are the same clowns that inserted the
“No NIMBY” clause into their Town of Southold contract:
https://suffolktimes.timesreview.com/2022/09/consulting-agency-frequently-hired-by-southold-town-faces-criticism-following-nimby-clause-in-recent-southampton-town-contract/
Max
Stach actually had the audacity to suggest on Tuesday, April 29, 2025 in open
session at Piermont Village Hall, that he personally needed to educate and
“train” the professionals at the Rockland County Department of Planning, as to
how a Comprehensive Plan should be written. I trust that this will likely not
sit well once the County receives a “Notice of Final Action” on the
Comprehensive Plan from the Piermont Village Board of Trustees.
As
for the business at hand, I am an attorney in New York, and a citizen and
resident of the Town of Orangetown and the County of Rockland. Under the New
York State Freedom of Information Law:
http://www.dos.ny.gov/coog/foil2.html
and,
as may be applicable, its state, federal, and other counterparts, including
without limitation New York Public Officers Law, Article 6, Sections 84-90, and
Title 5 of the United States Code, Section 552 (collectively herein referred to
as “FOIL”), request is hereby made that each of you provide to this, my law
office, full and complete copies of each and every document and other item of
material dated, generated, or otherwise materializing from January 1, 2018
forward to the present day (collectively, “Records”) which may be at all
responsive to the following requests:
1.
Grant Solicitations. All Records constituting, reflecting, or
otherwise referencing requests, solicitations, applications, amendments, bids,
or other inquiries seeking grants, awards, loans, commendations, funds, matching
funds, or other things of value in connection with the Village of Piermont,
New York or its Comprehensive Plan.
2.
Grant Monies. All Records constituting, reflecting or otherwise
referencing payments, grants, awards, loans, funds, matching funds, commendations,
recognitions, other things of value, or rebates, refunds, economic penalties,
or fines, in connection with the Village of Piermont, New York or its
Comprehensive Plan.
3.
Grant Conditions. All Records constituting, reflecting, or
otherwise referencing “ground rules” or other pre-conditions for payments,
grants, awards, loans, funds, matching funds, commendations, recognitions,
or other things of value in connection with the Village of Piermont, New York
or its Comprehensive Plan.
4.
Audits. All Records constituting, reflecting, or otherwise
referencing any audits or other follow-up on payments, grants, awards, loans,
funds, matching funds, commendations, recognitions, or other things of
value in connection with the Village of Piermont, New York or its Comprehensive
Plan.
5.
Piermont Entities. All Records reflecting or otherwise
referencing any Piermont, New York non-profits, commissions, societies,
alliances, associations, boards, or other associated entities including the
following, and including without limitation all e-mails and other
communications to or from these entities, in
connection with the Village of Piermont, New York or its Comprehensive Plan:
-Piermont Comprehensive Plan Committee (alias
the “CPC”).
-Piermont Civic Association.
-Piermont Historical Society.
-Sparkill Creek Watershed Alliance.
-Village of Piermont Planning Board.
-Village Of Piermont Zoning Board Of Appeal (ZBA).
-Village of Piermont Waterfront Resiliency Commission.
-Nelson Pope Voorhis and “Planner” Maximilian (“Max”)
Stach.
6.
Piermont People. All Records reflecting or otherwise referencing any
of the following individuals in connection with the Village of Piermont, New
York or its Comprehensive Plan:
-Mayor Bruce Edward Tucker alias “Bruce
Tucker”.
-Sylvia Welch – “Grant Writer”, “Commissioner
For Funding And Development”, and Member, “Comprehensive Plan Committee”.
-Maximilian (“Max”) Stach of the Nelson Pope
Voorhis firm.
-Barbara Scheulen - Member, “Comprehensive Plan Committee”, and President, Piermont
Historical Society.
-Rod Johnson - Member, “Comprehensive Plan
Committee”.
-Klaus Jacob - Member, “Comprehensive Plan
Committee”.
-Paul Kadin - Member, “Comprehensive Plan
Committee”.
-Chris Sanders - Member, “Comprehensive Plan
Committee”.
-Lino Sciarretta, Esq. - Member, “Comprehensive
Plan Committee”.
-Mark William Blomquist - Deputy Mayor and
Piermont NY Village Trustee.
-“Richard Owen Burns” alias “Rob Burns” alias
“Dick Burns” - Ex-Piermont NY Village Trustee
-Christine McAndrews - Piermont NY Village
Trustee.
-Rondi Marie Casey alias “Rondi Casey” -
Ex-Piermont NY Village Trustee.
-Nathan (Nate) Mitchell - Piermont NY Village
Trustee and current Mayoral Candidate.
-Michael Emerson Wright alias “Michael
Wright” - Piermont NY Village Trustee.
-Jennifer DeYorgi Maher - Piermont NY “Chief
Fiscal Officer”, “Treasurer”, “Village Clerk”, and “Registrar of Vital
Statistics”
-Michele Marzo, Piermont NY Deputy Clerk,
Treasurer.
-Sylvia Carbonell, Piermont NY Village Clerk.
-Maggie Cavanaugh - Clerk, Piermont NY Building
Department.
-Charles (Charlie) Schaub, Piermont NY Building
Inspector and “Flood Plain Manager”.
-Joe Knizeski, Assistant Piermont NY Building
Inspector.
-Christian (Chris) Catania, alias “Christian
Charles”, Piermont NY “Clerk to the Boards”, “Administrative Assistant Building
Clerk”, and “Secretary of the Planning and Zoning Boards”.
-David Levy, Piermont NY Planning Board “Chairman”.
-Daniel Spitzer, Ex-Piermont NY Planning Board
Chair
-Ed Nelson – Ex-Member, Piermont NY Planning
Board.
-Jerry Warshaw – Member, Piermont NY Planning
Board.
-Kim Stiefel - Member, Piermont NY Planning
Board.
-Don Guyton – Member, Piermont NY Planning
Board.
-Mary Kirby – Member, Piermont NY Planning
Board.
-Jacey Raimondo – Alternate Member, Piermont NY
Planning Board.
-David Kristiansen - Alternate Member, Piermont
NY Planning Board.
-Adra Bubesi Mounier – Ex-Alternate Member,
Piermont NY Planning Board.
-Usha Wright – “Chairman”, Piermont NY Zoning
Board of Appeal (ZBA).
-Walter Cain – Member, Piermont NY Zoning Board
of Appeal (ZBA).
-Kevin Timoney - Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Peter T. Metzler – Ex-Member, Piermont NY
Zoning Board of Appeal (ZBA).
-Dr. Philip Tierno – Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Gregg Manzione – Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Rochelle Spooner - Alternate Member, Piermont
NY Zoning Board of Appeal (ZBA).
-Molly MacQueen - Alternate Member, Piermont NY
Zoning Board of Appeal (ZBA).
-Joanne Ottaviano - President, “Piermont Civic
Association”.
-Margaret Grace - President Emeritus, “Piermont
Civic Association”.
-Mary Lukens - Vice-President, “Piermont Civic
Association”.
-Greg Barrett - Treasurer, “Piermont Civic
Association”.
-Dan Sherman - Vice President, “Piermont
Historical Society”.
-Steve Kulovits - Secretary, “Piermont
Historical Society”.
-Betsy Franco Feeney - Board Member, “Piermont
Historical Society”.
-Lola Esnard - Board Member, “Piermont
Historical Society”.
7.
Other Grantor Agencies. All Records reflecting or otherwise
referencing any governmental entity grantors including those below-listed as
may be applicable, in connection with the Village of Piermont, New York or its
Comprehensive Plan – and including without limitation all e-mails and other
communications to or from these agencies.
-New York State Department of State (NYSDOS).
-New York State Department of State (NYSDOS) “Smart
Growth Community Planning Program”.
-New York State Department of State (NYSDOS) “NYS
Smart Growth Program”.
-New York State Department of Environmental
Conservation (NYSDEC).
-New York State Department of Environmental
Conservation (NYSDEC), Climate Smart Communities (CSC) Grant Program.
-New York State Department of Environmental
Conservation (NYSDEC), DEC SDVOB Compliance Unit.
-New York State Department of Environmental
Conservation (NYSDEC), SDVOB Program.
-New York State Department of Environmental
Conservation (NYSDEC), MWBE Program.
-New York State Department of Environmental
Conservation (NYSDEC), Hudson River Estuary/Hudson River Programs.
-Federal Emergency Management Agency (FEMA).
-FEMA Hazard Mitigation Grant Program (HMGP).
-FEMA Building Resilient Infrastructure and
Communities (BRIC) Grant Program.
-U.S. Department of Homeland Security.
-New York State Division of Homeland Security &
Emergency Services.
-New York State Environmental Protection Fund (EPF), MBS,
Bureau of Contracts and Grant Development.
-New York State Office of Parks, Recreation and
Historic Preservation.
-Empire State Development Corporation.
-New York State Department of Agriculture and Markets.
-New York State Water Resources Institute (NYSWRI),
Cornell University.
-Stormwater Consortium of Rockland County.
-Cornell Cooperative Extension of Rockland County.
-Climate Resilience Partnership.
-New York State Division of Housing and Community
Renewal (HCR).
-New York State Homes And Community Renewal, Office Of
Legal Affairs.
-New York State Regional Economic Development Council
(REDC) – Mid-Hudson Region.
-Rockland County Department of Planning.
-Rockland County Planning Board.
-Rockland County Comprehensive Plan - “Envision
Rockland”.
-“Envision Rockland” -
Community Advisory Working Group.
-Rockland County Office of Community Development.
-Rockland County Department of Economic Development
and Tourism.
-Rockland County Law Department.
-Rockland County Department (Division) of
Environmental Resources (DER).
-Rockland County Highway Department.
-Rockland County Office of Buildings and Codes (OBC).
-Rockland County Sewer District No. 1.
-Office of the Rockland County Executive.
-Town of Orangetown, New York.
-Town of Orangetown Planning Board.
-Office of the Town of Orangetown Supervisor.
-Town of Orangetown - Office of Building, Zoning,
Planning and Enforcement (OBZPAE).
8.
Title 11. All Records reflecting or otherwise referencing Title
11 of the “Environmental Protection Fund”
in
connection with the Village of Piermont, New York or its Comprehensive Plan.
9.
Downtown Revitalization Initiative. All Records reflecting or
otherwise referencing the “Downtown Revitalization Initiative” in connection
with the Village of Piermont, New York or its Comprehensive Plan.
10.
NY Forward Program. All Records reflecting or otherwise
referencing the “NY Forward Program” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
11.
Brownfield Opportunity Area. All Records reflecting or otherwise
referencing the “Brownfield Opportunity Area” in connection with the Village of
Piermont, New York or its Comprehensive Plan.
12.
Local Waterfront Revitalization Program. All Records reflecting
or otherwise referencing the “Local Waterfront Revitalization Program” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
13.
Federal Funding CFDA #97.047. All Records reflecting or otherwise
referencing “Federal Funding CFDA #97.047” in connection with the Village of
Piermont, New York or its Comprehensive Plan.
14.
Buzzwords. All Records reflecting, or otherwise referencing the
following in connection with the Village of Piermont, New York or its
Comprehensive Plan:
adaptation
adoption
budgeting
citizen input
climate change
community development
community facilities
economic development
elevation
environmental development
flood plain
flooding
goals
implementation recommendations
infrastructure
land use
mitigation
outreach
parking
planning
revitalization
SEQR
SEQRA
strengths, weaknesses, opportunities, and threats
(“SWOT”) reports and analyses
sustainability
transportation
workshops
zoning
15.
E-Mails And Correspondence. Specifically, I am seeking all
Records of any e-mails, memos, notes, correspondence, documents, or other
writings to, from, referencing, or otherwise relating to the Village of
Piermont, New York or its Comprehensive Plan.
16.
All Other Records. Specifically, I am seeking all other Records
of any other kind or nature relating to the Village of Piermont, New York or
its Comprehensive Plan.
17.
Definition Of “Records”. “Records” should be construed in the
broadest sense and manner possible and should include “any information kept,
held, filed, produced or reproduced by, with or for (your agency or office)...
in any physical form whatsoever...” (FOIL,§86[4]) including without limitation
all audio recordings, blog posts, correspondence, data maintained
electronically, data, e-mails, executive summaries, extracts, faxes, instant
messages, Internet posts, letters, log-book entries, memos, paper records,
personal messages, social media communications, spreadsheets, summaries,
synopses, telephone records, test-reports, visual recordings, and any other
materials:
http://www.dos.ny.gov/coog/foil2.html#s86
18.
Headings And Subheadings. The headings and subheadings used in
this letter are for convenience of reference purposes only, and should not be
construed to be words of limitation or otherwise of any substantive
significance relative to this FOIL request.
19.
Costs. If there are any copying or other fees for this, please
let me know what they are and how they are calculated, before filling the
request and forwarding the Records to me. As this FOIL should be considered a
matter of public importance, and as its results will be shared with the general
public and published, I am asking that any otherwise-applicable fees be waived
for this document-production. I am also asking that all documents be provided
to me electronically to the full extent possible, so as to obviate the need for
any photocopying expense.
20.
Denials And Appeals. In the event that any portion of my request
is denied, please inform me of each of the specific reasons for any such denial
in writing - and provide me with the name, address, and other contact
information of the person or entity to whom an appeal should be directed.
21.
Additional Requests. This FOIL request is not intended to be
exhaustive, and I may make additional and follow-up requests.
I
will appreciate a response from you and your office as soon as possible. I look
forward to hearing from you. Thank you.
Very
truly yours,
John
J. Tormey III, Esq.
cc:
VIA
FAX: 1-518-474-1927, U.S. MAIL, and E-MAIL:
coog@dos.ny.gov
NYS
Committee on Open Government (COOG)
Department
of State
One
Commerce Plaza, 99 Washington Avenue, Suite 650
Albany,
New York 12231 USA
REQUEST
UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW (“FOIL”)
Thursday,
May 8, 2025
VIA U.S. MAIL and E-MAIL:
obzpae@orangetown.com
buildingfoils@orangetown.com
Town
of Orangetown Planning Board
Office
of Building, Zoning, Planning and Enforcement (OBZPAE)
26
Orangeburg Road
Orangeburg,
New York 10962 USA
To:
Thomas
Warren, Chairman
Denise
Lenihan
Kevin
Farry
Andy
Andrews
Michael
Mandel
Michael
McCrory
Lisa
Defeciani
Stephen
Silverberg
Teresa
M. Kenny, Esq. - Liaison
Re:
FOIL Request - The Village of Piermont, New York – All Comprehensive Plan
Grant Documentation
Dear
Members of the Town of Orangetown Planning Board:
Executive Summary: As you may already know, I have been
trying to clean up the Village of Piermont for over the past year. It’s real
work. A few weeks ago, some new and serious questions arose regarding grant
funding and Piermont’s brand-spanking-new Comprehensive Plan. I have
launched a citizen inquiry into that funding. This FOIL is a part of it.
Mainly, here, I am seeking to triangulate what I find in Town of Orangetown records
on topic, as against the records of other entities and agencies. While the below
FOIL is written in a detailed manner, its thrust is actually a lot simpler than
that. Realizing that Piermont often runs things independently than Orangetown
(for better or worse), I am looking for all records which any of you may have relating
to Piermont’s Comprehensive Plan and Piermont grant monies
including solicitations and applications therefor. The FOIL request follows:
-
- - - -
Without
limitation to the further specificity of my itemized queries hereinbelow, this
FOIL request seeks all Records relating to the Village of Piermont, New York’s
Comprehensive Municipal Plan alias “Comprehensive Plan” or “Comp Plan” -
including without limitation all grants sought or obtained in connection
therewith and all applications and entreaties therefor since January 1, 2018.
The
further background on this FOIL request is as follows. As you may already be
aware, the Village of Piermont and its finances have recently been under New
York State Comptroller “Risk Assessment” scrutiny. Reports indicated that this
led New York State Comptroller personnel to spend at least one month at
Piermont Village Hall poring over Piermont’s books and records and making
recommendations for changes to how Piermont handles its finances.
Additionally,
the Village of Piermont rammed-through a rushed draft uncorrected Comprehensive
Plan by a unanimous 5-0 Board of Trustees vote on Tuesday evening April 29,
2025 at Piermont Village Hall in Piermont, New York. Yet the Piermont
Comprehensive Plan appears to have been kicking around with minimal activity
for years prior. The so-called Piermont “Comprehensive Plan Committee” or “CPC”
continued to kick that proverbial can down the road until the more recent
fervor of CPC activity over the past several months.
The
reasons that lame-duck Piermont Mayor Bruce Tucker and his Village Hall cronies
rammed-through the Piermont Comprehensive Plan on April 29, 2025 were: (1) to
seek to bootstrap-in a harmful real estate development at 447-77 Piermont
Avenue to be built over the site of a former Sunoco gasoline station that had underground
gasoline tanks, as well as (2) to avoid the requirement of generating an
Environmental Impact Statement (EIS) in favor of a Negative Declaration (“Neg
Dec”) instead.
Yet,
a third reason for the bum’s-rush that Piermont residents suffered on April 29,
2025, is the most alarming and likely the most directly relevant to you and
your agency. Videos of April’s Board of Trustees meetings on April 15, 2025 and
April 29, 2025 at Piermont Town Hall are linked here:
https://www.youtube.com/watch?v=HPRpiePQSEA
https://www.youtube.com/watch?v=zYpJIEuOb5w
At
these meetings, Piermont’s publicist-planner Maximilian (“Max”) Stach of the Nelson
Pope Voorhis firm spoke to the public and the Village Board of Trustees, on
behalf of the Village and Village Board. Stach admitted that the Village of
Piermont was in some form of jeopardy with respect to Comprehensive Plan grant monies.
Stach further indicated, by admission, that Piermont needed to rush its
Comprehensive Plan in April as opposed to May - not simply to obtain future
prospective grant money, but in order not to be forced to refund
Comprehensive Plan grant money back to the original grantor or grantors.
This
was an astounding admission against interests for Stach and Piermont to make in
an open tribunal.
Why
would an agency confer Comp Plan grant money to a village, but only if subject
to a naked promise of a full or partial after-occurring “rebate” or “refund’ if
the Comp Plan was later unapproved or otherwise failed? A condition subsequent?
Unless Piermont failed to match and then lied about it, that confounds logic
and makes no sense. I am therefore concerned that the Village of Piermont may
have already made off with grant money previously paid over to the Village of
Piermont by one or more other agencies or entities - perhaps even yours - and
perhaps predicated upon a prior written Village misrepresentation that the Piermont
Comp Plan had already been approved, or was somehow already in effect prior to
April 29, 2025.
Well,
it hadn’t.
Therefore,
this letter is not just a FOIL request. It is also a request for an
investigation of the Village of Piermont by your agency.
The
Village of Piermont appears to have been less-than-transparent with its
residents as to the amount of Comprehensive Plan grant money it has applied for
and obtained over past years. To my knowledge, the Village of Piermont never
posted its Comp Plan grant applications themselves to the Internet or social
media. Therefore, I am back-tracking through the list of organizations that the
Village of Piermont “credited” in the textual acknowledgments of Piermont’s
latest draft Comp Plan, and I am serving this FOIL request (or FOIA request, in
the case of federal agencies) upon all likely or possible grantors. When I
obtain the Records in response, I will publish them for all Piermont residents
to review in the interests of the First Amendment and investigative journalism.
I will also likely forward copies to a few friends in a few other “agencies”.
I
also note that the Piermont Board of Trustees made the mistake of overriding
Rockland County recommendations when approving the Piermont Comprehensive Plan on
Tuesday, April 29, 2025. As noted above, Max Stach is from the Village of
Piermont’s de facto publicist “planning” firm of Nelson Pope Voorhis.
You remember Nelson Pope Voorhis. They are the same clowns that inserted the
“No NIMBY” clause into their Town of Southold contract:
https://suffolktimes.timesreview.com/2022/09/consulting-agency-frequently-hired-by-southold-town-faces-criticism-following-nimby-clause-in-recent-southampton-town-contract/
Max
Stach actually had the audacity to suggest on Tuesday, April 29, 2025 in open
session at Piermont Village Hall, that he personally needed to educate and
“train” the professionals at the Rockland County Department of Planning, as to
how a Comprehensive Plan should be written. I trust that this will likely not
sit well once the County receives a “Notice of Final Action” on the
Comprehensive Plan from the Piermont Village Board of Trustees.
As
for the business at hand, I am an attorney in New York, and a citizen and
resident of the Town of Orangetown and the County of Rockland. Under the New
York State Freedom of Information Law:
http://www.dos.ny.gov/coog/foil2.html
and,
as may be applicable, its state, federal, and other counterparts, including
without limitation New York Public Officers Law, Article 6, Sections 84-90, and
Title 5 of the United States Code, Section 552 (collectively herein referred to
as “FOIL”), request is hereby made that each of you provide to this, my law
office, full and complete copies of each and every document and other item of
material dated, generated, or otherwise materializing from January 1, 2018
forward to the present day (collectively, “Records”) which may be at all
responsive to the following requests:
1.
Grant Solicitations. All Records constituting, reflecting, or
otherwise referencing requests, solicitations, applications, amendments, bids,
or other inquiries seeking grants, awards, loans, commendations, funds, matching
funds, or other things of value in connection with the Village of Piermont,
New York or its Comprehensive Plan.
2.
Grant Monies. All Records constituting, reflecting or otherwise
referencing payments, grants, awards, loans, funds, matching funds, commendations,
recognitions, other things of value, or rebates, refunds, economic penalties,
or fines, in connection with the Village of Piermont, New York or its
Comprehensive Plan.
3.
Grant Conditions. All Records constituting, reflecting, or
otherwise referencing “ground rules” or other pre-conditions for payments,
grants, awards, loans, funds, matching funds, commendations, recognitions,
or other things of value in connection with the Village of Piermont, New York
or its Comprehensive Plan.
4.
Audits. All Records constituting, reflecting, or otherwise
referencing any audits or other follow-up on payments, grants, awards, loans,
funds, matching funds, commendations, recognitions, or other things of
value in connection with the Village of Piermont, New York or its Comprehensive
Plan.
5.
Piermont Entities. All Records reflecting or otherwise
referencing any Piermont, New York non-profits, commissions, societies,
alliances, associations, boards, or other associated entities including the
following, and including without limitation all e-mails and other
communications to or from these entities, in
connection with the Village of Piermont, New York or its Comprehensive Plan:
-Piermont Comprehensive Plan Committee (alias
the “CPC”).
-Piermont Civic Association.
-Piermont Historical Society.
-Sparkill Creek Watershed Alliance.
-Village of Piermont Planning Board.
-Village Of Piermont Zoning Board Of Appeal (ZBA).
-Village of Piermont Waterfront Resiliency Commission.
-Nelson Pope Voorhis and “Planner” Maximilian (“Max”)
Stach.
6.
Piermont People. All Records reflecting or otherwise referencing any
of the following individuals in connection with the Village of Piermont, New
York or its Comprehensive Plan:
-Mayor Bruce Edward Tucker alias “Bruce
Tucker”.
-Sylvia Welch – “Grant Writer”, “Commissioner
For Funding And Development”, and Member, “Comprehensive Plan Committee”.
-Maximilian (“Max”) Stach of the Nelson Pope
Voorhis firm.
-Barbara Scheulen - Member, “Comprehensive Plan Committee”, and President, Piermont
Historical Society.
-Rod Johnson - Member, “Comprehensive Plan
Committee”.
-Klaus Jacob - Member, “Comprehensive Plan
Committee”.
-Paul Kadin - Member, “Comprehensive Plan
Committee”.
-Chris Sanders - Member, “Comprehensive Plan
Committee”.
-Lino Sciarretta, Esq. - Member, “Comprehensive
Plan Committee”.
-Mark William Blomquist - Deputy Mayor and
Piermont NY Village Trustee.
-“Richard Owen Burns” alias “Rob Burns” alias
“Dick Burns” - Ex-Piermont NY Village Trustee
-Christine McAndrews - Piermont NY Village
Trustee.
-Rondi Marie Casey alias “Rondi Casey” -
Ex-Piermont NY Village Trustee.
-Nathan (Nate) Mitchell - Piermont NY Village
Trustee and current Mayoral Candidate.
-Michael Emerson Wright alias “Michael
Wright” - Piermont NY Village Trustee.
-Jennifer DeYorgi Maher - Piermont NY “Chief
Fiscal Officer”, “Treasurer”, “Village Clerk”, and “Registrar of Vital
Statistics”
-Michele Marzo, Piermont NY Deputy Clerk,
Treasurer.
-Sylvia Carbonell, Piermont NY Village Clerk.
-Maggie Cavanaugh - Clerk, Piermont NY Building
Department.
-Charles (Charlie) Schaub, Piermont NY Building
Inspector and “Flood Plain Manager”.
-Joe Knizeski, Assistant Piermont NY Building
Inspector.
-Christian (Chris) Catania, alias “Christian
Charles”, Piermont NY “Clerk to the Boards”, “Administrative Assistant Building
Clerk”, and “Secretary of the Planning and Zoning Boards”.
-David Levy, Piermont NY Planning Board “Chairman”.
-Daniel Spitzer, Ex-Piermont NY Planning Board
Chair
-Ed Nelson – Ex-Member, Piermont NY Planning
Board.
-Jerry Warshaw – Member, Piermont NY Planning
Board.
-Kim Stiefel - Member, Piermont NY Planning
Board.
-Don Guyton – Member, Piermont NY Planning
Board.
-Mary Kirby – Member, Piermont NY Planning
Board.
-Jacey Raimondo – Alternate Member, Piermont NY
Planning Board.
-David Kristiansen - Alternate Member, Piermont
NY Planning Board.
-Adra Bubesi Mounier – Ex-Alternate Member,
Piermont NY Planning Board.
-Usha Wright – “Chairman”, Piermont NY Zoning
Board of Appeal (ZBA).
-Walter Cain – Member, Piermont NY Zoning Board
of Appeal (ZBA).
-Kevin Timoney - Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Peter T. Metzler – Ex-Member, Piermont NY
Zoning Board of Appeal (ZBA).
-Dr. Philip Tierno – Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Gregg Manzione – Member, Piermont NY Zoning
Board of Appeal (ZBA).
-Rochelle Spooner - Alternate Member, Piermont
NY Zoning Board of Appeal (ZBA).
-Molly MacQueen - Alternate Member, Piermont NY
Zoning Board of Appeal (ZBA).
-Joanne Ottaviano - President, “Piermont Civic
Association”.
-Margaret Grace - President Emeritus, “Piermont
Civic Association”.
-Mary Lukens - Vice-President, “Piermont Civic
Association”.
-Greg Barrett - Treasurer, “Piermont Civic
Association”.
-Dan Sherman - Vice President, “Piermont
Historical Society”.
-Steve Kulovits - Secretary, “Piermont
Historical Society”.
-Betsy Franco Feeney - Board Member, “Piermont
Historical Society”.
-Lola Esnard - Board Member, “Piermont
Historical Society”.
7.
Other Grantor Agencies. All Records reflecting or otherwise
referencing any other governmental entity grantors including those
below-listed, in connection with the Village of Piermont, New York or its
Comprehensive Plan – and including without limitation all e-mails and other
communications to or from these agencies.
-New York State Department of State (NYSDOS).
-New York State Department of State (NYSDOS) “Smart
Growth Community Planning Program”.
-New York State Department of State (NYSDOS) “NYS
Smart Growth Program”.
-New York State Department of Environmental
Conservation (NYSDEC).
-New York State Department of Environmental
Conservation (NYSDEC), Climate Smart Communities (CSC) Grant Program.
-New York State Department of Environmental
Conservation (NYSDEC), DEC SDVOB Compliance Unit.
-New York State Department of Environmental
Conservation (NYSDEC), SDVOB Program.
-New York State Department of Environmental
Conservation (NYSDEC), MWBE Program.
-New York State Department of Environmental
Conservation (NYSDEC), Hudson River Estuary/Hudson River Programs.
-Federal Emergency Management Agency (FEMA).
-FEMA Hazard Mitigation Grant Program (HMGP).
-FEMA Building Resilient Infrastructure and
Communities (BRIC) Grant Program.
-U.S. Department of Homeland Security.
-New York State Division of Homeland Security &
Emergency Services.
-New York State Environmental Protection Fund (EPF), MBS,
Bureau of Contracts and Grant Development.
-New York State Office of Parks, Recreation and
Historic Preservation.
-Empire State Development Corporation.
-New York State Department of Agriculture and Markets.
-New York State Water Resources Institute (NYSWRI),
Cornell University.
-Stormwater Consortium of Rockland County.
-Cornell Cooperative Extension of Rockland County.
-Climate Resilience Partnership.
-New York State Division of Housing and Community
Renewal (HCR).
-New York State Homes And Community Renewal, Office Of
Legal Affairs.
-New York State Regional Economic Development Council
(REDC) – Mid-Hudson Region.
-Rockland County Department of Planning.
-Rockland County Planning Board.
-Rockland County Comprehensive Plan - “Envision
Rockland”.
-“Envision Rockland” - Community Advisory Working Group.
-Rockland County, New York.
-Town of Orangetown, New York.
-Office of the Town of Orangetown Supervisor.
8.
Title 11. All Records reflecting or otherwise referencing Title
11 of the “Environmental Protection Fund” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
9.
Downtown Revitalization Initiative. All Records reflecting or
otherwise referencing the “Downtown Revitalization Initiative” in connection
with the Village of Piermont, New York or its Comprehensive Plan.
10.
NY Forward Program. All Records reflecting or otherwise
referencing the “NY Forward Program” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
11.
Brownfield Opportunity Area. All Records reflecting or otherwise
referencing the “Brownfield Opportunity Area” in connection with the Village of
Piermont, New York or its Comprehensive Plan.
12.
Local Waterfront Revitalization Program. All Records reflecting
or otherwise referencing the “Local Waterfront Revitalization Program” in
connection with the Village of Piermont, New York or its Comprehensive Plan.
13.
Federal Funding CFDA #97.047. All Records reflecting or otherwise
referencing “Federal Funding CFDA #97.047” in connection with the Village of
Piermont, New York or its Comprehensive Plan.
14.
Buzzwords. All Records reflecting, or otherwise referencing the
following in connection with the Village of Piermont, New York or its
Comprehensive Plan:
adaptation
adoption
budgeting
citizen input
climate change
community development
community facilities
economic development
elevation
environmental development
flood plain
flooding
goals
implementation recommendations
infrastructure
land use
mitigation
outreach
parking
planning
revitalization
SEQR
SEQRA
strengths, weaknesses, opportunities, and threats
(“SWOT”) reports and analyses
sustainability
transportation
workshops
zoning
15.
E-Mails And Correspondence. Specifically, I am seeking all
Records of any e-mails, memos, notes, correspondence, documents, or other
writings to, from, referencing, or otherwise relating to the Village of
Piermont, New York or its Comprehensive Plan.
16.
All Other Records. Specifically, I am seeking all other Records
of any other kind or nature relating to the Village of Piermont, New York or
its Comprehensive Plan.
17.
Definition Of “Records”. “Records” should be construed in the
broadest sense and manner possible and should include “any information kept,
held, filed, produced or reproduced by, with or for (your agency or office)...
in any physical form whatsoever...” (FOIL,§86[4]) including without limitation
all audio recordings, blog posts, correspondence, data maintained
electronically, data, e-mails, executive summaries, extracts, faxes, instant
messages, Internet posts, letters, log-book entries, memos, paper records,
personal messages, social media communications, spreadsheets, summaries,
synopses, telephone records, test-reports, visual recordings, and any other
materials:
http://www.dos.ny.gov/coog/foil2.html#s86
18.
Headings And Subheadings. The headings and subheadings used in
this letter are for convenience of reference purposes only, and should not be
construed to be words of limitation or otherwise of any substantive
significance relative to this FOIL request.
19.
Costs. If there are any copying or other fees for this, please
let me know what they are and how they are calculated, before filling the
request and forwarding the Records to me. As this FOIL should be considered a
matter of public importance, and as its results will be shared with the general
public and published, I am asking that any otherwise-applicable fees be waived
for this document-production. I am also asking that all documents be provided
to me electronically to the full extent possible, so as to obviate the need for
any photocopying expense.
20.
Denials And Appeals. In the event that any portion of my request
is denied, please inform me of each of the specific reasons for any such denial
in writing - and provide me with the name, address, and other contact
information of the person or entity to whom an appeal should be directed.
21.
Additional Requests. This FOIL request is not intended to be
exhaustive, and I may make additional and follow-up requests.
I
will appreciate a response from you and your office as soon as possible. I look
forward to hearing from you. Thank you.
Respectfully,
and with thanks,
John
J. Tormey III, Esq.
cc:
VIA
FAX: 1-518-474-1927, U.S. MAIL, and E-MAIL:
coog@dos.ny.gov
NYS
Committee on Open Government (COOG)
Department
of State
One
Commerce Plaza, 99 Washington Avenue, Suite 650
Albany,
New York 12231 USA
