Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, MARCH 26, 2019

This meeting was opened at 7:30 p.m.  Supervisor Day presided and Rosanna Sfraga, Town Clerk, called the roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

Supervisor Christopher Day

 

Also present:

Michael Lawler, Deputy Supervisor

Amanda Hyland, Supervisor’s Confidential Assistant

Greg Garvey, Coordinator Economic Development / Filming

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation & Building Maint.

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

Kevin Nulty, Police Chief

 

Pledge of Allegiance to the Flag of the United States of America:  Esta Baitler

 

ANNOUNCEMENTS:

• Orangetown Town Clerk, Rosanna Sfraga, Rockland County Solid Waste Authority and People to People will hostm a Paper Shredding and Non-Perishable Food Collection Event: Saturday, April 13, 2019 from 8:00 am – 12 Noon; Orangetown Town Hall Parking Lot. Please bring non-perishable food items to donate to “People to People” local food pantr  Let’s shred hunger together!  A Board Member from People to People will match $1 per item of food collected.

 

– Shredding Service is FREE and SECURE

– Drive-thru (Drive up to the truck and someone will unload your documents

– Paper Clips and Staples are acceptable

– NO Plastic Bags, Binders, or Large Binder Clips

 

• CAMP SHANKS LEGACY EXHIBIT – Tells the story of the camp and how it indelibly affected the development of the Town of Orangetown opens at the Orangetown Museum, Opening reception April 13, Saturday, 2-4 pm, at the Depew House, 196 Chief Bill Harris Way, Orangeburg, NY, sponsored by the Orangetown Historical Museum and Archives (Tuesdays & Fridays 10-2; Sundays 1-4). All are Welcome / Admission is free.

 

• Public Hearing / RTBM April 30^th, 2019 at 8:05 pm / Proposed Local Law, amending Chapter 43, 2.2, establishing Town Zonning Map / Zone Change for 576 Route 303 and Adjoining Properties.

 

PRESENTATIONS:

The Historic Areas Board of Review (HABOR) gave a presentation of Town Code changes (see attached letter).  If the Town Board decides to move forward, a public hearing will be held in the future.

 

DISCUSSION:

 

The Town Board discussed all of the items on the agenda.

RESOLUTION NO. 156                                          OPEN PUBLIC COMMENT PORTION

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:  Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:   None

 

Summary of Public Comments:

Esta Baitler, Sparkill, explained why she cannot march in any parade.  She did not appreciate the Town Board’s nasty comments and laughing at her.  She believes she deserves an apology.

Derek McGrew, Tower King’s Representative, asked if it is feasible to lease property in Nike Park and place a communication tower on it.

Eileen Larkin, Palisades, spoke about the proposed legislation to legalize recreational marijuana.  She suggested a Memorializing Resolution opposing it.

Sean Hayes, Employee #3489, said is still being treated for his injury, has letters from his doctors saying he will be able to return to work and pleaded for his job.

Barbara Delo, Blauvelt, suggested workshops for explanation, questions and answers of the Town Code.

 

RESOLUTION NO. 157                                          CLOSE PUBLIC COMMENT PORTION

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:  Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:  None

 

RESOLUTION NO. 158                                          ACCEPT PETITION / ZONE CHANGE / DIRECT CIRCULATION DECLARE INTENT TO SERVE AS LEAD AGENCY / 564, 566, 568, 570, 572, 574, 576 AND 578 ROUTE 303

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny was unanimously adopted:

 

            WHEREAS, the owner of premises located at 576 Route 303, Blauvelt, New York, being located in the “LO” (Laboratory-Office) zoning district, has petitioned the Town Board to change the zoning classification of the property and the following neighboring properties to that of “CC” (Retail-Commerce); and

 

WHEREAS, upon preliminary review, the Town Board is favorably disposed to such a change because the area immediately to the north and south of the proposed zone change is currently zoned as “CC” and this would be an extension of such zone, permitting additional retail and other uses that are consistent with the current uses in the area, in addition to some permitted uses that would continue; and

 

WHEREAS, the Town Board wishes to proceed with its consideration of the proposed action, toward which end it wishes to commence the environmental review process, as well as review by other interested agencies; and

 

WHEREAS, upon review of the Petition, and a Short Environmental Assessment Form prepared at the Town Board’s request by the Office of Building, Zoning, Planning and Administration and Enforcement, and related documents and filings, the Board makes the following preliminary determinations: The proposed action is one subject to review under the State Environmental Quality Review Act (“SEQRA”); The proposed action as an “Unlisted”

RESOLUTION NO. 158 – Continued

 

action; and The following are involved or interested or involved agencies in the review process: Orangetown Planning Board; Rockland County Department of Planning; Rockland County Highway Department and NYS DOT

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review under SEQRA, and directs that a Lead Agency Coordination Letter with relevant documents be circulated to and among the various above referenced agencies; and

 

BE IT FURTHER RESOLVED, that the circulation to the Rockland County Department of Planning further be for the purpose of review pursuant to General Municipal Law §§ 239- l & m; and

 

BE IT FURTHER RESOLVED, that, pursuant to Town Code Chapter 43, § 10.5, the Town Board hereby refers the said Petition and a proposed Local Law, amending the Town Zoning Map, to the Town Planning Board, inviting its input regarding, among other things, the implications of such an amendment, and requesting a response within 30-days.

 

Ayes:          Councilpersons Troy, Diviny, Bottari

Supervisor Day

Noes:          None

Abstained:  Councilman Valentine

 

RESOLUTION NO. 159                                          SET PH / PROPOSED AMENDMENT CHAPTER 14C – “FILMING”

 

Councilman Bottari offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, that the Town Board will hold a public hearing on April 30 at 8:15 PM. on a proposed Local Law, amending Chapter 14C regarding commercial filming in the Town of Orangetown.

 

Ayes:  Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:   None

 

RESOLUTION NO. 160                                          DECLARE INTENT TO SERVE AS LEAD AGENCY UNDER SEQRA DIRECT CIRCULATION / PROPOSED AMENDMENT CHAPTER 14C – “FILMING”

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

WHEREAS, Chapter 14C of the Town Code entitled “Filming” was amended by Local Law in 2018, and

 

WHEREAS, the Town Board has determined that the Town Code with respect to “Filming” is in need of further revisions to address issues with respect to activities that may be a part of filming activities in the Town as well as flexibility with respect to fees , and

 

WHEREAS, upon review of the proposed Local Law, Short Environmental Assessment Form, and related documents and filings, the Board makes the following preliminary determinations:

 

1. The proposed action is one subject to review under the State Environmental Quality Review Act (“SEQRA”);
2. The proposed action as a “Type II” (NYCRR 617.5(21) and (33)) action; and
3. The following are involved or interested or involved agencies in the review process:

 

Orangetown Planning Board

RESOLUTION NO. 160 – Continued

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review under SEQRA, and although classified as Type II action, directs that a Lead Agency Coordination Letter with relevant documents be circulated to the Orangetown Planning Board for review and comment.

 

 

Ayes:  Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:   None

 

RESOLUTION NO. 161                                          DESIGNATE / CLIMATE SMART COMMUNITY (CSC) COORDINATOR AND TASK FORCE

 

Councilman Troy offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

            RESOLVED, that the Town Board hereby designates Eamon Reilly as CSC (Climate Smart Communities) coordinator, responsible for coordinating the activities of the CSC task force and associated climate mitigation and adaptation activities as well as serving in the role of liaison between the CSC task force and the Town officials; and

 

BE IT FURTHER RESOLVED, the following members of the Orangetown Environmental Committee are designated in the role of CSC task force: Maria Gagliardi and Michael Andrea.

 

Ayes:  Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:   None

 

RESOLUTION NO. 162                                          APPROVE / TEMPORARY ATTACHMENT PERMIT AGREEMENT / ORANGE AND ROCKLAND UTILITIES, INC. / 2019 MILITARY BANNER PROGRAM

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

            RESOLVED, that the Town Board hereby approves the Temporary Attachment Permit Agreement, dated March 26, 2019 between the Town and Orange and Rockland Utilities, Inc. for six (6) month display of patriotic military banners upon utility poles along Orangeburg Road (Orangeburg, NY) as a part of the 2019 Military Banner Program.

 

Ayes:  Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:   None

 

RESOLUTION NO. 163                                          DESIGNATE / PUBLIC PERMIT PARKING AREAS / MUNICIPAL PARKING LOTS / PARKING PERMIT AND METER FEES  DOWNTOWN PEARL RIVER

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

            WHEREAS, pursuant to Orangetown Town Code Section 24-1 the Town Board has been empowered to set fees for parking permits; and

 

WHEREAS, pursuant to Orangetown Town Code Section 24-1 the Town Board has been authorized to determine the designation, fees and duration of permits for spaces in certain public parking lots and meter parking fees; and

RESOLUTION NO. 163 – Continued

 

NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Orangetown hereby adopts the following parking and parking permit fees:

 

1. Municipal Parking Permit– allows parking during hours meters are in operation in each respective lot:

 

Cost for full year: $190.00

Cost for half year: $100.00

 

2. Merchant Parking Permit – for Merchant Only marked metered street parking:

 

Cost for full year: $10.00 (plus must still pay metered fee).

 

3. Overnight Parking Permit – (covers hours of 2AM – 6AM all year or between November 15th and April 15th depending if full year or seasonal version) in Permit Parking Only spot as designated in a municipal lot:

 

Cost for Full Year: $300.00

Cost for Seasonal: $200.00

 

4. 24/7 Parking Permit – allows for 24/7 parking in any “Permit Parking Only” spot as designated in a municipal lot:

 

Cost for Full Year: $600.00

BE IT FURTHER RESOLVED that the Town Board of the Town of Orangetown hereby designates the following public parking lots and meter parking fees as follows:

 

1. Municipal Lots 1 and 3 (behind Joe & Joes and behind Joyce Realty) Meters: 25 cents per hour, maximum of 12 hours, Monday through Saturday 9AM through 6PM (time limits apply to permit or meter parking);

 

2. Municipal Lot 2 (Williams St) Meters: 25 cents per hour, maximum of 16 hours, Monday through Saturday, 5:30AM through 11:30PM (time limits apply to permit or meter parking); and

 

3. Permit Parking Only area (where 24/7 must park and where any permit holder MAY park during daytime hours and where 24/7 and overnight parking MUST park off-hours (2am-6am): all spots along the northern edge of Municipal Lot 1 and along the western side of the entrance from Washington Avenue into Municipal Lot 1 are designated as Permit Parking Only.

 

Note:  Notice for change of fees must be voted on after a resolution is on two agendas.

 

Ayes:  Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:   None

 

RESOLUTION NO. 164                                          APPROVE / 60 DAY FREE SOFTWARE PILOT PROGRAM (AGENDAS & MINUTES) GRANICUS SOLUTIONS

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine was unanimously adopted:

 

            RESOLVED, that the Town Board hereby approves the Town’s engagement in a free trial pilot program for agenda management software solutions with Granicus Solutions for a period of 60 days.

 

Ayes:  Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:   None

RESOLUTION NO. 165                                          APPROVE / THIRD PARTY CUSTODIAN AGREEMENT COLLATERALIZED MUNICIPAL DEPOSITS / STERLING NATIONAL BANK / BANK OF NEW YORK MELLON (BONY)

 

Councilman Troy offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

            RESOLVED, that the Town Supervisor is authorized to sign the third party custodian agreement between Sterling Bank, Bank of NY Mellon, and the Town of Orangetown regarding collateralized municipal deposits.

 

Ayes:  Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:   None

 

RESOLUTION NO. 166                                          2019 CERTIFICATE OF SEWER REGISTRATION

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny was unanimously adopted:

 

            RESOLVED, that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2019 Sewer Work is approved to:

 

Pro-Cut Landscaping, 11 Pineview Road, West Nyack, NY 10994

United Sewer & Drain Service, P.O. Box 123, Slate Hill, NY 10973

 

Ayes:  Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:   None

 

RESOLUTION NO. 167                                          AMEND DECLARATION OF RESTRICTIVE COVENANT  RESOLUTION NO. 514 of 2004  HOLLOWS AT BLUE HILL, LLC. AFFORDABLE UNIT

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

WHEREAS, by Town Board Resolution # 514 of 2004, the Town granted a zone change for property owned by the Hollows at Blue Hill, LLC., which zone change included additional bonus density units for the inclusion of affordable housing units; and

 

WHEREAS, pursuant to Planning Board Decision #05-81, the Hollows at Blue Hill, LLC. identified the “Affordable Units” as Units 26, 52, 68; A-103; B-101; and Unit C-107, which units were subject of a “Declaration of Restrictive Covenant Relating to Affordable Units,” which was recorded in the Office of the Rockland County Clerk of the County of Rockland on September 25, 2006, by instrument Number 2006-00050991; and

 

WHEREAS, the Hollows at Blue Hill, LLC. later petitioned the Town Board to relocate one of the affordable units, from the unit known as N-26 to the unit known as B-70, which request was approved by the Town Board by Resolution #425 of July 29, 2009, and the Orangetown Planning Board by decision #09-45 of July 22, 2009; and

 

WHEREAS, consistent with the approval from the Town of Orangetown, the Hollows at Blue Hill, LLC. sold unit N-26 on April 23, 2013, at market rate and not as an Affordable Unit, and sold unit B-70 on September 9, 2016, as an Affordable Unit, without have amended the Restrictive Covenant;

 

RESOLUTION NO. 167 – Continued

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves an amendment to the Declaration of Restrictive Covenant Relating to the Affordable Units previously executed by the Hollows at Blue Hill, LLC. on July 17, 2006, and recorded in the Office of the County Clerk of the County of Rockland on September 25, 2006, as Instrument Number 2006-00050991, to remove “Unit 26” as an affordable unit and to replace it with “Unit 70”; and

 

BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute the Amended Declaration.

 

Ayes:  Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:   None

 

RESOLUTION NO. 168                                          HIGHWAY SURPLUS EQUIPMENT

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

RESOLVED, that the following Highway Department equipment to be declared surplus: 2007 Toro Dingo TX-525, VIN # 270000661 & 2005 Bombardier SW48 HY (with attachments), VIN # U130073L.

 

Ayes:  Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:   None

 

RESOLUTION NO. 169                                          AWARD BID / NEW TRAFFIC SIGNAL AT THE INTERSECTION  CONVENT ROAD AND THIRD AVENUE / VERDE ELECTRIC MAINTENANCE CORP.

 

Councilman Troy offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for the New Traffic Signal at the Intersection of Convent Road and Third Avenue in Blauvelt, NY, which were publicly opened on March 14, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 03-B-19, and made a part of these minutes.

 

NOW THEREFORE, BE IT RESOLVED that this bid is hereby awarded to Verde Electric Maintenance Corp, Mount Vernon, New York, the lowest qualified bidder, in the amount of $112,750.00.

 

Ayes:  Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:   None

 

RESOLUTION NO. 170                                          GRANT PERMISSION / HIGHWAY SCHOOL

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, that the Town Board hereby grants permission for the following personnel Jim Dean, Stephen F. Munno, Karl Bohn Jr., & Brian DeBonis to attend the 2019 Association of Town’s Annual Highway School, Ithaca, NY, from June 3 – 5, 2019, at a cost of $1,619.00 for conference fees, lodging & travel expenses, charged to Account #’s: A.5010.441 ($330.00) and A.5010.480 ($1,289.00).

 

Ayes:  Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:   None

 

RESOLUTION NO. 171                                          AWARD BID / CURBSIDE COLLECTION, TRANSPORTATION & DISPOSAL OF RESIDENTIAL RECYCLABLE MATERIALS / 5 YEARS / CHARLES CAPASSO & SONS, INC.

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for the curbside collection of recyclables, which were publicly opened on March 14, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 03-C-19 and made a part of these minutes.

 

NOW THEREFORE, BE IT RESOLVED, that this bid is hereby awarded to Charles Capasso and Sons, Inc, Congers, NY the only qualified bidder, in the amount of $5.50 per dwelling unit for collection once per week, every week for 2019; $6.00 per dwelling unit for collection once per week, every week for 2020; $6.50 per dwelling unit for collection once per week, every week for 2021; $7.00 per dwelling unit for collection once per week, every week for 2022; $7.50 per dwelling unit for collection once per week, every week for 2023, to be charged to account no. B8160174/50457.

 

Ayes:  Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:   None

 

 

RESOLUTION NO. 172                                          LEND ASSISTANCE / 2019  PEARL RIVER MEMORIAL DAY PARADE

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, upon the recommendation from the Superintendent of Highways, Director of Parks & Recreation & Chief of Police, that the Town Board hereby authorizes the above departments to lend assistance which includes the use of barricades, from the Highway Dept., the Parks Dept., will unlock the flag pole, and the Police Dept., will bag the parking meters, for the PR Memorial Day Parade to be held on Monday, May 27, 2019, from 9:45 am – 11:45 am.

 

 

Ayes:  Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:   None

 

 

RESOLUTION NO. 173                                          LEND ASSISTANCE / DENNIS P. McHUGH FOUNDATION RUN

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

RESOLVED, upon completion of all necessary paperwork,the Superintendent of Parks and Recreation has forwarded for approval by the Town Board, the rental of 6 porta-john units (4 regular, 2 ADA compliant) for The Dennis P. McHugh Foundation on Saturday, June 1, 2019 for their 15th Annual Run for Fun and Family Fair

 

 

Ayes:  Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:   None

 

 

 

RESOLUTION NO. 174                                          ACCEPT VOLUNTEER EFFORTS OF GIRL SCOUTS / GIRL SCOUT SILVER AWARD / WILLIAM O. SCHAFER. NATURE TRAIL

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, that the Town Board hereby accepts with gratitude the volunteer efforts of: Megan Carolan, Charlotte Hanchar, Reilly Johnson and Ailish MacDonnell to clean up and make improvements to the W.O.S. Nature Trail.

 

Ayes:  Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:   None

 

RESOLUTION NO. 175                                          AWARD BID / ATHLETIC COURT CRACK REPAIR / SPORT-TECH ACRYLICS CORP

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine was unanimously adopted:

 

                WHEREAS, the Superintendent of Parks and Recreation duly advertised for sealed bids for crack repair at various Town athletic courts, which were publicly opened on March 20^th ; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 03-D-19 and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation the Town Board hereby approves the agreement with Sport-Tech Acrylics Corp of Brewster NY for crack repair at various Town athletic courts in an amount not to exceed $50,000.00.

 

Ayes:  Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:   None

 

RESOLUTION NO. 176                                          RECOGNIZE / DETERMINATION OF SUPERINTENDENT OF HIGHWAYS / TERMINATE EMPLOYEE NO. 3489

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

WHEREAS, Employee No. 3489 suffered a work related injury on April 19, 2016, and has been unable to perform the duties of his position for the Town of Orangetown for a period in excess of one year by reason of a disability resulting from an occupational injury, as defined in the New York State Workers’ Compensation law; and

 

WHEREAS, by letter dated February 7, 2019, Employee No 3489 was notified that the Superintendent of Highways, as appointing authority, intended to meet on February 20, 2019, to consider the nature and status of his injury, inviting Employee No. 3489 to appear and to provide medical documentation, testimony or any other information he deemed relevant for the Superintendent to consider prior to terminating full pay pursuant to Article 10 of the Collective Bargaining Agreement; and

 

WHEREAS, on February 20, 2019, the Superintendent of Highways did meet with Employee No. 3489, at which time the Employee was unable to say when or if he would be able to return to work, the Superintendent of Highways determined to terminate full pay during the period of his leave, effective March 12, 2019; and

 

WHEREAS, by letter dated March 13, 2019, the Superintendent of Highways notified Employee No. 3489 of his decision to terminate full pay and that, due to his continuous absence from work since March 17, 2018, he would be reviewing the matter further to decide whether to terminate his employment in accordance with Civil Service Law §71; and

RESOLUTION NO. 176 – Continued

 

WHEREAS, the Superintendent offered Employee No. 3489 the opportunity to present additional documentation prior to making his decision, whereby Employee No. 3489 submitted additional documentation which indicated that he expects to undergo surgery and another six months of physical therapy, and which time the Superintendent of Highways determined to terminate Employee No. 3489 pursuant to Civil Service Law §71;

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board accepts the determination of the Superintendent of Highways to terminate Employee No. 3489 from employment with the Town of Orangetown, effective April 5, 2019, pursuant to §71 of the Civil Service Law, subject to reinstatement rights provided for therein and provided further that this determination will not alter or affect any benefit to which the employee is entitled under the provisions of the New York State Workers’ Compensation laws.

 

Ayes:  Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:   None

 

RESOLUTION NO. 177                                                        PAY VOUCHERS

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of two (2) warrants for a total of $1,611,693.73.

 

Ayes:  Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:   None

 

RESOLUTION NO. 178                                            ENTER EXECUTIVE SESSION PERSONNEL & LEGAL MATTERS LAND SALE

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy, Diviny, Valentine, and Bottari, Michael Lawler, Amanda Hyland, Robert Magrino, Teresa Kenny, Jeff Bencik and Aric Gorton.

 

Supervisor Day offered the following resolution, which was seconded by Councilman Diviny was unanimously adopted:

 

RESOLVED, at 8:43 p.m. the Town Board entered Executive Session to discuss particular contracts, personnel matters and a particular land sale.

 

Ayes:  Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:   None

 

RESOLUTION NO. 179                                            RE-ENTER RTBM / ADJOURNED  MEMORY

 

Supervisor Day offered the following resolution, which was seconded by Councilman Diviny was unanimously adopted:

 

RESOLVED, at 9:15 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Francis Farrelly, Resident of Pearl River and Loretta Riordan, Former Employee of the Town of Orangetown.

 

Ayes:  Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:   None

 

 

 

 

 

____________________________

Rosanna Sfraga, Town Clerk