Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, APRIL 9, 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 Paul Valentine

Councilman Gerald Bottari

Supervisor Christopher Day

 

Absent:                        Councilman Thomas Diviny

 

 

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 host 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 for donation to “People to People” local food pantry 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 13th , 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

 

Wine, Cheese & Poetry Night /  Camp Shanks Legacy / at the Orangetown Historical Museum on April 26th, 2019 from 6 – 7:30 PM  – Poetry from Orangetown • Poet Laureate Rose Marie Raccioppi, and a musical performance, sponsored by the Orangetown Historial Museum & Archives in conjunction with the Orangeburg Library /Donation Request of $5.00

 

 

 

PRESENTATIONS:

 

The Town Board presented Rose Marie Raccioppi, Town of Orangetown’s Poet Laureate, a Proclamation for National Poetry Month (April).

 

The Town Board presented Certificates of Recognition to the following:

 

Tappan Zee High School Girls Varsity Basketball for being Section I Class A Champions (1^st Time in School History):  Ashley Chaluisan, Christine Lynch, Abigail McDowell, Fiona Mullen, Kaleigh Beirne, Allison Maloney, Mackenzie Strehle, Amanda Malpeli, Shannon Phelan, Alanis Diaz, Kellie Linehan, Ariana Kupi, Riley Chevrier (Head Coach), Kristen McLaughlin (Assistant Coach) and Chris Lorusso (JV Coach).

 

Tappan Zee Girls’ Indoor Track for being Section 1 Class B Champions (1^st • Time in School History):  Hillary Abankwa, Naomi Acosta, Tess Berkowitz, Madison Brownell, Daniella Cambrea, Leah Dillon, Mackey Donovan, Tori Fears, Julia Fears, Mia Giaver, Lauren Hanchar, Alexis Krause, Katelyn Lange, Meghan Majewski, Erin Malanaphy, Lauria Martin, Amanda McCarthy, Katherine McDowell, Danielle Perez, Kaitlyn Pinilla, Hannah Preble, Grace Reynolds, Riley Roimisher, Maddy Roth, Gabby Shea, Grace Simpson, Deirdre Sullivan, Alexandra Thomas, Alexis Tomasello, Vachelle Antonucci, Nicole Clancy, Vienna Guzewich, Neve Hehir, Erin Malanaphy, Diana Perez, Katherine Sullivan, Nicole Tremsky, Pat Driscoll (Head Coach), and Mike Ryan, Bob Favre, Kayleigh Marmion, AnneMarie Carella (Assistant Coaches).

 

Tappan Zee High School Boys Varsity Basketball / Won the Dan Dinan Tournament, Won 23 Straight Games, League Champions and made it to the Sectional Finals:  Nathaniel DeLoatch, Brendan O’Connor, Aidan Cunney, Connor Maloney, Charles Garrison, Daniel Linehan, Ergys Muhametaj, Michael Lawler, Deputy Supervisor Mooney, Kevin Clancy, Sean Foody, David Alexander, Sean Berrigan, Colin Cunney, George Gaine (Head Coach), Daniel Linehan and Pat Waldron (Assistant Coaches) and Chris Rastelli (JV Coach).

 

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

 

RESOLUTION NO. 182                                          OPEN PUBLIC COMMENT PORTION

 

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

RESOLVED, that the public portion is hereby opened.

Ayes:      Supervisor Day

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

 

Summary of Public Comments:

Esta Baitler, Sparkill, thanked Supervisor Day for everything he has done; is sorry to hear that the Supervisor is leaving and wished him the best of luck in his new endeavors.

Barbara Delo, Blauvelt, asked for an update of Cortwood Village improvements.  She asked the Town Board to be mindful and watch all Town expenses.

Mike Mandel, Pearl River, commended the Town Board for the Resolution opposing the release of Judith Clark and Mutulu Shakur (1981 Brinks Robbery/Killings).

Eileen Larkin, Palisades, thanked the Town Board for their supporting Resolution opposing the legalization of recreational marijuana.

Carol Baxter, Palisades, is also sorry to hear that the Supervisor is leaving.  She spoke about the restrictions on residential houses in Historic Districts.  It’s important to keep the laws clear and simple.

 

RESOLUTION NO. 183                                          CLOSE PUBLIC COMMENT PORTION

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

RESOLVED, that the public portion is hereby closed.

Ayes:  Councilpersons Troy, Bottari, Valentine

Supervisor Day

Noes:   None

Absent:  Councilman Diviny

 

RESOLUTION NO. 184                                          ACCEPT RESIGNATION / DR. MARGARET MARY FITZPATRICK BOARD OF ETHICS

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

RESOLVED, that the Town Board hereby accepts the resignation of Dr. Margaret Mary Fitzpatrick, Member of the Board of Ethics, effective March 22, 2019.

Ayes:      Councilpersons Valentine, Troy, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 185                                          APPOINT MICHAEL McCRORY PLANNING BOARD / 7YEAR TERM

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

RESOLVED, that Michael McCrory is hereby appointed as Member to the Planning Board for a period of 7-Years, commencing January 1, 2019 and expiring on December 31, 2025.

Ayes:      Councilpersons Valentine, Troy, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 186                                          MEMORIALIZING RESOLUTION OPPOSING THE RELEASE / JUDITH CLARK / MUTULU SHAKUR / AT ANY OR ALL PAROLE HEARINGS PARTICIPATION IN THE BRINKS ROBBERY KILLING IN 1981

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

WHEREAS, Judith Clark and Mutulu Shakur were members of the radical terrorist organization known as the Weather Underground; and

WHEREAS, the Weather Underground was responsible for the bombings of the Pentagon and the US Capitol; and

WHEREAS, in 1981, Judith Clark, together with other members of the Weather Underground robbed a Brinks armored car at the Nanuet Mall in a crime organized by Mutulu Shakur; and

WHEREAS, Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige were killed during this robbery; and

WHEREAS, Judith Clark helped plan the robbery, participated in the robbery, and reached for her weapon when she was eventually arrested; and

WHEREAS, Judith Clark was sentenced to 75 years to life for her part in this crime after being convicted of second-degree murder; and

WHEREAS, Judith Clark petitioned Governor Andrew M. Cuomo clemency with regard to her sentence; and

WHEREAS, in an inexcusable travesty of the Justice system, Governor Cuomo commuted said prison sentence to 35 years to life in 2017, making her eligible for parole, which was denied thanks in large part to the efforts of the Town of Orangetown community; and

WHEREAS, due to a recent court decision, she is again eligible for parole now in 2018, and

WHEREAS, Mutulu Shakur, the master-mind of the robbery, is also seeking parole at the same time as Judith Clark; and

WHEREAS, Mutulu Shakur was sentenced to 60 years in prison for his involvement in this and other violent crimes; and

WHEREAS, Judith Clark and Mutulu Shakur remain the domestic terrorists who participated in the killing of three heroic individuals, namely Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige, while calling herself a freedom fighter; and

WHEREAS, the members of the Town Board believe that they have a responsibility to honor the memories and heroic actions of Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige, as well as a responsibility to their families to insure that Judith Clark remains behind bars for the remainder of her life; and

WHEREAS, the Town Board of Orangetown has met, considered, and by a unanimous vote approved this resolution,

NOW THEREFORE BE IT RESOLVED, that the Orangetown Town Board opposes the release of Judith Clark and/or Mutulu Shakur at any and all future parole hearings; and

BE IT FURTHER RESOLVED, the Town is hereby authorized and directed to send a certified copy of this resolution to the families of Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige; the New York State Parole Board, the United States Parole Commission, Governor Andrew M. Cuomo, and to such other persons proper in order to effectuate the purpose of this resolution.

Ayes:      Councilpersons Bottari, Valentine, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 187                                          MEMORIALIZING RESOLUTION OPPOSING THE LEGALIZATION OF RETAIL MARIJUANA SALES FOR RECREATIONAL USE IN NYS

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

WHEREAS, the Town of Orangetown, New York is strongly committed to the health, well-being, and safety of its citizens and youth; and

WHEREAS, the Town of Orangetown is aware that there is legislation being considered in the New York Legislature that would legalize the retail sale of recreational marijuana; and

WHEREAS, evidence-based research has determined that marijuana use is detrimental to the developing brain up until at least age 25. These negative impacts include memory, learning, motor control, addiction and other health risks.

WHEREAS, NIDA has concluded that, contrary to popular belief, marijuana is addictive; and

WHEREAS, production and marketing of marijuana concentrates, in places where the sale of retail marijuana has been legalized, often have THC levels above 90 percent and are sold in waxes, oils, and edible products in the form of cookies, brownies, candy, gummy bears, and lollipops that are indistinguishable from products that do not contain THC; and

WHEREAS, since Colorado, Washington, Oregon, Alaska, and the District of Columbia (Washington, DC) legalized the retail sale of marijuana, past-month use of the drug has continued to rise above the national average among youth aged 12–17 in all five jurisdictions (National Survey on Drug Use and Health , 2006-2017); and

WHEREAS, medical application of marijuana is a potential positive that may be able to provide health improvements and pain relief for patients using the drug under a physician’s direct care; and

WHEREAS, though medical marijuana is generally carefully controlled for the amount of delta-9tetrahydrocannabinol, generally referred to as “THC,” recreational marijuana, on the other hand, is often designed to have as much THC as possible; and

WHEREAS, THC is known to impair physical function in the user including reaction time while operating a vehicle and the user’s ability to perceive danger and there is currently no consensus upon a standard or process by which to assess impairment; and

WHEREAS, there are concerns of direct associations between the frequency of marijuana use and higher THC potency with the development of mental health issues (psychosis, depression, anxiety, suicidality, reshaping of brain matter, and addiction); and.

WHEREAS, though Governor Andrew Cuomo, in his most recent budget address, stated that the legalization of the retail sale of recreational marijuana will generate approximately $300 million in additional tax revenue annually to New York State by taxes that would be established with the legislation, this revenue does not take into consideration the social costs of widespread marijuana use, including examples such as increased emergency room visits, hospitalizations and treatment for addiction: loss of productivity in the workplace; lower educational achievement; increased unemployment rates; increased accidental injuries; higher crime rates; the legalization proposal ignores the connection between marijuana and crime, enforcement problems created by trafficking marijuana across state, local and tribal borders, as well as the adverse economic and social costs that marijuana legalization will cause; and

WHEREAS, continued, effective drug control requires coordination between Federal, state, local and tribal entities, as well as meaningful consultation with representatives of the recognized law enforcement organizations during the development of policies that will have a national impact on state, local, and tribal law enforcement, drug control efforts; and

WHEREAS, the Rockland County Sheriffs’ Department and Department of Health, understand and have publicly acknowledged with great concern the devastating effects that marijuana continues to have on our communities, and continue to be unequivocally opposed the legalization of marijuana;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Orangetown opposes ANY effort by the New York Legislature to legalize the retail sale of marijuana for recreational use; and

BE IT FURTHER RESOLVED, that the Town of Orangetown urges New York State to conduct a more rigorous study of the potential impacts of legalized marijuana.

BE IT FURTHER RESOLVED, that Town of Orangetown recommends that, if the retail sale of recreational marijuana is legalized in New York State, Rockland County elect to opt out; and

BE IT FURTHER RESOLVED, that Town of Orangetown expresses its continued support for medical marijuana research and use as needed under the direct care of a physician, and would like the FDA to change the classification of the drug to allow more such research and proper prescription options as with any other prescription drug in this country; and

BE IT FURTHER RESOLVED, that the Clerk of the Town of Orangetown shall forward a certified true copy of this Resolution to the Rockland County Legislature, the Rockland County Executive, the Chairperson of the New York State Assembly, the Chairperson of the New York State Senate, Senator David Carlucci, Assemblywoman Ellen Jaffee, Congresswoman Nita Lowey, the Governor of the State of New York, and the Lieutenant Governor of the State of New York.

Ayes:      Councilpersons Troy, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 188                                          AWARD BID / BUILDING DEPARTMENT PERMITTING SOFTWARE / TYLER TECHNOLOGIES – ENERGOV

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

WHEREAS, the Director of Automated Systems, Anthony Bevelacqua, duly advertised for sealed bids for Municipal Parcel and Permit Software & Implementation Services, which were publicly opened on January 31, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 04-A-19, and made a part of these minutes.

NOW THEREFORE, BE IT RESOLVED, upon the recommendation of the Director of Automated Systems, the Town Board hereby awards the bid to Tyler Technologies, Duluth, GA, the most qualified bidder, which contract shall be subject to Town Attorney review, in the amount not to exceed $148,700.00 for software licensing and implementation services, plus an annual cost of $47,850.00.

Ayes:      Councilpersons Bottari, Valentine, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 189                                          AUTHORIZING / NOTICE OF INTENTION TO FILE CLAIM AGAINST THE STATE OF NEW YORK AND NY STATE THRUWAY AUTHORITY / DAMAGES TO TOWN SEWER LINES / YONKERS CONTRACTING COMPANY, INC.

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

WHEREAS, on or about January 31, 2019, the Town was notified by a resident of South Nyack of a sewer backup in the vicinity of the work that was being conducted nearby by the State of New York and its contractor, and

WHEREAS, after investigation by DEME, it was determined that the contractor for the State of New York and New York State Thruway Authority caused damage to Town owned sanitary sewer pipes of the Town of Orangetown, which service properties in South Nyack, and

WHEREAS, the amount of damages and claims as against the Town and costs incurred by the Town as a result of the damage is approximately $100,000.00, for which a claim has been made to Yonkers Contracting Company, Inc., the State’s contractor on the project,

NOW THEREFORE BE IT RESOLVED, that the Supervisor is hereby authorized pursuant to Town Law §65 to pursue any actions necessary to seek reimbursement for any costs or damages suffered by the Town as a result of the incident, including but not limited to as against the State of New York and/or New York State Thruway Authority, by filing a Notice of Intention to File a Claim, and an action as against them in the New York Court of Claims as necessary, as per the New York Court of Claims Act, and that the Supervisor or his designee is authorized to execute any and all legal documents in order to effectuate the enforcement of this resolution.

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 190                                          ACCEPT, RECEIVE AND FILE PERFORMANCE BOND / BF ORANGETOWN COMMERCE CENTER SITE PLAN

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

WHEREAS, BF Orangetown, LLC, as developer of certain property located at 5 Greenbush Road, Orangeburg, New York (Tax Lot 74.15, Block 1, Lot 2), applied for and received final site plan approval from the Town of Orangetown Planning Board for said property pursuant to Planning Board decision Nos. 2016-62 and 2017-49, for the project known as the “Orangetown Commerce Center Site Plan”; and

WHEREAS, the Town has previously accepted for filing Bond No. 0688003, dated September 18, 2017, issued by the International Fidelity Insurance Company as surety, on behalf of BF Orangetown, LLC, as principal, in the amount of $167,332.00, to secure the completion of the public improvements related to the approval for the Orangetown Commerce Center Site Plan; and

WHEREAS, on November 7, 2018, pursuant to Planning Board decision No. 2018-44, the Planning Board approved an amendment to the previously approved Orangetown Commerce Center Site Plan; and

WHEREAS, on March 27, 2019, pursuant to Planning Board decision No. 2019-21, the Planning Board has amended the bond amount from $167,332.00 to $186,396.00 and set the term of said amended bond for two years; and

WHEREAS, the applicant has submitted a fully executed Bond Rider to Bond No. 0688003, dated March 6, 2019, issued by International Fidelity Insurance Company as surety, on behalf of BF Orangetown, LLC, as principal, changing the amount of bond from $167,332.00 to $186,396.00 and naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the “Orangetown Commerce Center Site Plan,” which Bond Rider has been approved as to form and substance by the Town Attorney’s Office.

NOW THEREFORE BE IT RESOLVED, that the Town hereby formally accepts, receives and files with the Office of the Town Clerk the Bond Rider to Bond No. 0688003, dated March 6, 2019, issued by the International Fidelity Insurance Company as surety, on behalf of BF Orangetown, LLC, as principal, changing the amount of bond from $167,332.00 to $186,396.00, and naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the “Orangetown Commerce Center Site Plan” no later than March 27, 2021, and said bond to be returned only upon satisfactory completion of said public improvements according to the terms of said bond and Planning Board decision Nos. 2016-62 , 2017-49, 2018-44 and 2019-21, any Town departments having jurisdiction thereof, and formal resolution of the Town Board.

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 191                                          APPROVE SETTLEMENT / TAX CERTIORARI / BNC DEVELOPMENT

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

RESOLVED, upon the recommendation of the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign settlement documents regarding the tax certiorari proceeding BNC Development LLC v. The Assessor of the Town of Orangetown, et al., Tax Map designation  66.37-2-25 (149 Burd Street), Tax Map designation 66.37-2-45.1 (91 Jackson Avenue), and Tax Map designation 66.37-2-45.2 (89 Jackson Avenue), for the tax assessment years 2017 and 2018, for a total refund by the County of $1,167.00, a total refund by the Town of $3,045.00 and a total refund by the School District of $11,216.00. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served on the Rockland County Finance Department; and

BE IT FURTHER RESOLVED, that Dennis D. Michaels, Deputy Town Attorney, is further authorized to sign Stipulations of Discontinuance for the same properties for the tax years 2014, 2015, and 2016.

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 192                                          ADOPT / TOWN OF ORANGETOWN INTERNAL PROCUREMENT POLICY

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

WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML Section 103 or any other law; and

WHEREAS, comments have been solicited from all officers of the Town of Orangetown involved with procurement;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby adopt the procurement policy annexed to this Resolution as annexed to this resolution, which is intended to apply to all goods and services which are not required by law to be publicly bid.

Ayes:      Councilpersons Valentine, Troy, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 193                                          ADOPT / TOWN OF ORANGETOWN TRAVEL AND CONFERENCE POLICY

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

WHEREAS, the Town Board has determined that it is in the best interests of the Town to adopt a “Travel and Conference Policy” which will establish guidelines for the reimbursement of town business related travel and out-of- town travel expenses by officers and employees; and

WHEREAS, comments have been solicited from all officers and Department Heads of the Town of Orangetown;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby adopt the Travel and Conference Policy.

Ayes:      Councilpersons Valentine, Bottari, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 194                                          ACCEPT / RECEIVE / FILE DOCUMENTS / TOWN CLERK’S OFFICE

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

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

1. 2019 Town Board minutes: February 26, Police Commission; and February 26th, March 12th, March 26th Town Board Meeting
2. Agreement: Blauvelt Volunteer Fire Company for 2019.
3. Agreement: West Law Group for State Pollutant Discharge Elimination Permit “SPDES”

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 195                                          GRANT PERMISSION / RICHARD OLIVER / MICHAEL ACHESON  ONLINE TRAINING COURSE /DRONE LICENSING

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

RESOLVED, that upon Town Board approval, grant permission to Richard Oliver and Michael Acheson of OBZPAE, to register for the Part 1 Test Prep class in preparation for Drone Licensing, in the amount of $47.00 per person, totaling $94.00 to be charged to Account No. B.3620.441.17.

Ayes:      Councilpersons Valentine, Troy, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 196                                          GRANT PERMISSION / MIKE BETTMANN / DOUG SAMPATH  ONLINE TRAINING COURSE/ DRONE LICENSING

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

RESOLVED, that upon Town Board approval, grant permission to Mike Bettmann and Doug Sampath of the Bureau of Fire Prevention, to register for the Part 1 Test Prep class in preparation for Drone Licensing, in the amount of $47.00 per person, totaling $94.00 to be charged to Account No. B.3621.441.17.

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 197                                          LEND ASSISTANCE / 2019 SPARKILL MEMORIAL DAY PARADE

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

RESOLVED, upon the recommendation from the Superintendent of Highways & the Chief of Police, that the Town Board hereby authorizes these two departments to lend assistance which includes the use of barricades from the Highway Dept., and police detail from the Police Dept., for the Sparkill Memorial Day Parade to be held on Monday, May 27, 2019, from 11:30 am – 12 pm.

Ayes:      Councilpersons Valentine, Bottari, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 198                                          LEND ASSISTANCE /2019 GREEK FESTIVAL / ST. CONSTANTINE’S CHURCH

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

RESOLVED, upon the recommendation from the Superintendent of Highways & the Chief of Police, that the Town Board hereby authorizes these two departments to lend assistance which includes the use of cones, barricades, trash cans, recycling kiosks & bins, directional & no parking signs from the Highway Dept., and Auxiliary police from OPD, for the Greek Festival to be held from Thursday, June 6 – 9, from 10 am – 12 am.

Ayes:      Councilpersons Bottari, Valentine, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

 

RESOLUTION NO. 199                                          MOUNTAINVIEW AVE / SPARKILL CREEK CULVERT (PIN 8762.34) TRANSPORTATION PROJECT IMPLEMENTATION AND FUNDING 100% OF THE COSTS FOR THIS PROJECT, OF WHICH QUALIFIED COSTS MAY BE REIMBURSED FROM BRIDGE NY FUNDS.

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

 WHEREAS, a project for the Mountainview Avenue over Sparkill Creek Culvert Replacement in the Town of Orangetown, Rockland County, P.I.N. 8762.34 (the “Project”) is eligible for reimbursement of qualified costs from Bridge NY funding that calls for the post-reimbursement apportionment of the qualified costs be borne at the ratio of 100% Bridge NY funds and 0% non-Bridge NY funds; and

WHEREAS, the New York State Department of Transportation (NYSDOT) will design, let, and administer all phases of the Project.

WHEREAS, the Town of Orangetown desires to advance the Project by making a commitment of 100% of the costs of design and construction work for the Project or portions thereof.

NOW, THEREFORE, the Orangetown Town Board, duly convened does hereby

RESOLVE, that the Orangetown Town Board hereby approves the Project; and it is hereby further

RESOLVED, that the Orangetown Town Board hereby grants NYSDOT permission to directly apply Bridge NY funds to reimburse costs incurred by NYSDOT on the Project; and it is further

RESOLVED, that the Orangetown Town Board hereby agrees that the Town of Orangetown shall be responsible for all costs of the Project which exceed the amount of the NY Bridge Funding awarded to the Town of Orangetown; and it is further

RESOLVED, that in the event the costs of the Project exceed the amount of Bridge NY funding appropriated, the Orangetown Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Supervisor thereof, and it is further

RESOLVED, that the Supervisor of the Town of Orangetown be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests with NYSDOT for State Aid and/or Bridge NY funding on behalf of the Town of Orangetown in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s funding of the Project costs, and it is further

RESOLVED, that the Town of Orangetown will be responsible for all maintenance of the Project; and it is further

 RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further

RESOLVED, this Resolution shall take effect immediately.

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 200                                          APPOINT HELEN WILSON  PERMANENT / PRINCIPAL CLERK STENOGRAPHER

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

 RESOLVED, upon the recommendation of Rockland County Personnel, the town board hereby grants Helen Wilson a NCP-T&E (Non-Competitive Promotion-Training & Experience) in the position of Principal Clerk Stenographer, permanent, effective April 10, 2019, no change in salary.

Ayes:      Councilpersons Valentine, Troy, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 201                                          APPROVE / SHADE TREE PLANTING ARBOR DAY / HOMES FOR HEROES

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

 RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation and the Shade Tree Committee approve the Arbor Day tree Planting at Homes for Heroes on Western Highway, Tappan.  The planting of four trees; 1 Autumn Glory & 3 Chionanthus Viginicus (Fringe Tree).  Date: TBD

Ayes:      Councilpersons Valentine, Bottari, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

RESOLUTION NO. 202                                          APPROVE EQUIPMENT AS SURPLUS VETERANS PARK BATTING CAGE

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

 RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation approve as surplus for auction or disposal all components of Veterans Park Batting Cages:

 

8	MA-4	Master Pitching Machine	“Iron Mike”
1	MA-5	Master Pitching Machine	“Iron Mike”
1	Unknown	Master Pitching Machine	“Grand Central Station”
1	EL-1	Master Pitching Machine	Ball return elevator
1	——-	Master Pitching Machine	Netting
8	Unknown	Master Pitching Machine	Token boxes
1	——-	——-	Chain-link fencing

 

Ayes:      Councilpersons Troy, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

 

RESOLUTION NO. 203                                          ACCEPT DONATIONS / MEMORIAL BENCH / PEACE POLE / GRILL ROTARY CLUB OF PEARL RIVER

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

 RESOLVED, upon the recommendation of the Superintendent of parks and Recreation accept with gratitude the donation and installation of a peace pole and one BBQ grill by the Rotary Club of Pearl River as well as 4 Memorial Benches to be placed in Veterans Park, engravings as follows:

1. Remembering Raselle Beata Fisher
2. In Honor of Allan and Dorothy Magrino
3. Brightview Senior Living at Tappan
4. In Loving Memory of Walter G. Murphy USMC Wonderful farther, artist, genealogist, LDS

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

 

RESOLUTION NO. 204                                          CREATE POSITION / JUSTICE COURT SECURITY ATTENDANT (P/T)

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

 RESOLVED, upon the recommendation of Rockland County Personnel, create the position of Justice Court Security Attendant (P/T), at a salary of $20.00 per hour, for the sole purpose of having a larger pool of employees to choose from for coverage of Justice Court sessions.

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

 

RESOLUTION NO. 205                                                      PAY VOUCHERS

Councilman Troy offered the following resolution, which was seconded by Councilman Valentine 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 one (1) warrant for a total of $ 656,862.21.

Ayes:      Councilpersons Troy, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:  Councilman Diviny

 

RESOLUTION NO. 206                                          ENTER EXECUTIVE SESSION PERSONNEL & LEGAL MATTERS LAND SALE

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

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

RESOLVED, at 8:54 p.m. the Town Board entered Executive Session to discuss personnel matters and a particular land sale.

Ayes:      Supervisor Day

Councilpersons Troy, Valentine, Bottari

Noes:      None

Absent:  Councilman Diviny

 

RESOLUTION NO. 207                                          RE-ENTER RTBM / ADJOURNED  MEMORY

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

RESOLVED, at 9:25 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Will Brennan, Town of Orangetown’s AFLAC Representative; John Robinson, Sr., Father of Town Employee John Robinson, Jr.; Honorable Roger Pellegrini, former Town of Orangetown Town Supervisor and Councilman and Catherine Godfrey, (104 yrs old) Sparkill.

Ayes:      Supervisor Day

Councilpersons Troy, Valentine, Bottari

Noes:      None

Absent:  Councilman Diviny

 

 

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        Rosanna Sfraga, Town Clerk