Meeting Overview

 

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, APRIL 30, 2019

 

This meeting was opened at 7:35 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:

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

 

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

 

 

RESOLUTION NO. 208                                          ACCEPT / RESIGNATION & RETIREMENT / CHIEF KEVIN NULTY / POLICE DEPARTMENT

 

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

 

RESOLVED, that the Town Board hereby accepts with regret the retirement of Chief Kevin Nulty, effective April 30, 2019, after 43 years of dedicated service to the Orangetown Police Department.

 

Ayes:            Supervisor Day

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:            None

 

RESOLUTION NO. 209                                          APPOINT / CAPTAIN DONALD BUTTERWORTH / CHIEF OF POLICE

 

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

 

RESOLVED, that the Town Board hereby appoints Captain Donald Butterworth to the position of Police Chief, permanent, from RC List EL#16033, effective May 1, 2019, salary consistent with agreement with the Town Board.

 

Ayes:            Supervisor Day

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:            None

 

Rosanna Sfraga, Town Clerk, sworn-in Captain Donald Butterworth as Police Chief.

 

 

 

ANNOUNCEMENTS:

 

2019 Military Tribute Banner Program:  $150.00 Sponsorship Fee; $50.00 Annual renewal fee – Banners (18” x 36”) will be displayed between Memorial Day and Veteran’s Day – Display areas include:  Orangeburg, (Orangeburg Rd near Western Highway); Sparkill (Depot Square) and Pearl River (Downtown) – Banners can be sponsored using the following website link:  https://militarytributebanners.org/current-programs/orangetown-ny-html  All proceeds of the program will be used toward annual events/traditions to benefit our local veterans.  Please e-mail supervisor@orangetown.com for more details.

 

Highway Department hosts their 23rd annual Open House to be held Saturday, May 18, 2019 from 10 AM to 12 Noon to be held at the Highway Department Facility, located at 119 Route 303, Orangeburg, NY.

 

The new Recycle Coach App (brought to you by the Rockland County Solid Waste Management Authority) is now available on the homepage of the Orangetown municipal website.  Never miss a recycling pick up again!  Recycle Coach is a FREE app that allows you to customize your recycling schedule and allows you to get important recycling information and instant notification reminders directly on your smartphone.

 

Public Meeting re: West Washington Bridge Replacement (Pearl River) to take place in the conference/multi-purpose room in the basement of Town Hall on Wednesday, May 29 at 7:30pm.

 

 

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

 

 

RESOLUTION NO. 210                                          OPEN PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:            Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:            None

 

 

Summary of Public Comments:

Matt Worgul, Gentle Giant Brewery, is a big supporter of the Farmer’s Market.

Mike Mandel, Pearl River, asked if Gran Fondo NY still pays for Police presence at their Bike Race.  He thanked Highway and Parks for a great job renovating Cherry Brook Park.

Esta Baitler, Sparkill, is upset that Bregga Bus Company is being taken away from Camp Venture and the pool there is not up and running.

 

 

RESOLUTION NO. 211                                          CLOSE PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:            Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:            None

 

 

 

RESOLUTION NO. 212                                          OPEN PH / PROPOSED ZONE CHANGE / (BIEBER) 564, 566, 568, 570, 572, 574, 576, 578 ROUTE 303 (70.14-4-14-21) FROM “LO” TO “CC”

 

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

 

RESOLVED, that the public hearing is hereby opened.

 

Ayes:            Supervisor Day

Councilpersons Diviny, Troy, Bottari

Noes:            None

Abstained:    Councilman Valentine

 

Rosanna Sfraga, Town Clerk, presented the Affidavit of Publication, Affidavit of Postings and Mailings and a letter from Rockland County Planning, dated April 18^th; a memo from Jane Slavin, Director of OBZPAE, dated April 23^rd, and a memo from the Orangetown Planning Board, dated April 24^th. (Exhibit 04-A-19).

 

Frank Phillips, Attorney for Petitioners, explained that all of these parcels are presently zoned “LO” – Laboratory Office District and the owners are requesting the zoning be changed to “CC” Retail Commerce, which would allow the development of one-story commercial units.  The zone change would be compatible with the present use of the adjoining and neighboring properties.

 

Robert Magrino, Town Attorney, said there seems to be a lot a confusion with the paperwork and suggested a new amended petition, addressing the letter and memorandums, from Rockland County Planning, Orangetown Planning and Jane Slavin, Director of OBZPAE, be submitted and circulated.

 

Summary of Public Comments:

John McLoughin, EJKBB Holding Corp, asked who gave permission to request a zone change for his property (566 Route 303) and if a zone change is granted will he have to follow different guidelines.

 

RESOLUTION NO. 213                                          CONTINUE PH / PROPOSED ZONE CHANGE / (BIEBER) 564, 566, 568, 570,  572, 574, 576, 578 ROUTE 303 (70.14-4-14-21) FROM “LO” TO “CC”

 

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

 

RESOLVED, that the public hearing regarding the proposed zone change for (BIEBER) 564, 566, 568, 570, 572, 574, 576, 578 ROUTE 303 (70.14-4-14-21) FROM “LO” TO “CC”, is hereby continued to June 18, 2019 at 8:15pm.

 

Ayes:            Councilpersons Diviny, Troy, Bottari

Supervisor Day

Noes:            None

Abstained:    Councilman Valentine

 

RESOLUTION NO. 214                                          OPEN PH / PROPOSED AMENDMENT CHAPTER 14C – FILMING

 

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

 

RESOLVED, that the public hearing is hereby opened.

 

Ayes:            Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:            None

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication & Posting (Exhibit 04-B-19).

 

Supervisor Day explained this amendment is to address:  film crews taking up parking spaces, the inconvenience to patrons and shop owners’ inability to conduct business.

 

Summary of Public Comments:

There were no public comments.

 

RESOLUTION NO. 215                                          CLOSE PH / PROPOSED AMENDMENT CHAPTER 14C – FILMING

 

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

 

RESOLVED, that the public hearing is hereby closed.

 

Ayes:            Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:            None

 

RESOLUTION NO. 216                                          LEAD AGENCY / SEQRA DETEMINATION PROPOSED AMENDMENT / CHAPTER 14C FILMING

 

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

 

RESOLVED, that the Town Board hereby declares itself to be Lead Agency for environmental review with respect to a proposed Local Law, amending Chapter 14C of the Town Code, entitled “Filming”; and further determines that such action is a Type II action pursuant to SEQRA, that the action will not have a significant adverse environmental impact, and, therefore, no further action is necessary with respect thereto under the State Environmental Quality Review Act.

 

Ayes:            Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:            None

 

RESOLUTION NO. 217                                          ADOPT LOCAL LAW NO. 2, 2019, AMENDING CHAPTER 14C – COMMERCIAL FILMING

 

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

 

RESOLVED, that the Town Board hereby adopts proposed Local Law No. 2, 2019, amending Chapter 14C entitled “Filming” of the Town Code, to provide for the regulating and permitting of commercial filming on public and private property in the Town of Orangetown.

 

Ayes:            Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:            None

 

LOCAL LAW NO. 2 OF 2019 OF THE

INCORPORATED TOWN OF ORANGETOWN, NEW YORK

TOWN BOARD TO AMEND CHAPTER 14C OF THE TOWN CODE

ENTITLED “FILMING”

 

            BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ORANGETOWN AS FOLLOWS:

§ 14C-1 Legislative intent.

1. The Town Board of the Town of Orangetown recognizes that the Town’s natural beauty, geographical location and historical sites are attractive to individuals, organizations, corporations, groups and other entities involved in the businesses of still photography, motion pictures and television.
2. It is hereby found by the Town Board of the Town of Orangetown that because such filming activities may create a threat to public safety, health or welfare due to the time, location or duration of the filming, or may unduly interfere with vehicular and/or pedestrian traffic, it is necessary to provide for the regulation of the taking of still or motion pictures within the Town through the issuance of permits and that said regulation is a matter affecting the public interest and therefore should be subject to supervision and administrative control for the purpose of safeguarding the public against the impact of such activities

§ 14C-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FILMING

The taking of still or motion pictures, either on film, videotape, digital recording or similar recording medium, for commercial purposes intended for viewing on television, in theaters, through online platforms, including but not limited to video streaming, or for institutional use.

HANDHELD DEVICE

Any device that is able to be operated by a single person without substantial supporting equipment and can be held in hand, to include smartphones, camcorders, cameras, and other such similar devices, but excluding aerial drones.

PRIVATE LANDS

Any land within the unincorporated portions of the Town of Orangetown that is not public land, a public place, or a public building.

PUBLIC LANDS

Any and every public street, highway, sidewalk or square, public park or playground or other public place within the Town which is within the jurisdiction of the Town.

§ 14C-3 Permits.

1. No person shall film or permit filming within the unincorporated section of the Town of Orangetown on public or private lands without first obtaining a permit therefor, which permit shall set forth the locations of such filming, the date or dates when filming shall take place, the name, address and telephone number of the applicant, a brief description of the activities, the number of cameras on the shoot, identify if a feature commercial or industrial shoot, the name of the producer, the type of equipment and props to be used, the number of persons to be employed, specific locations where the work will be done and vehicles which are to be used, including the description thereof and their license numbers.
2. Permits must be obtained from the Town Supervisor of the Town of Orangetown, or his/her designee, during normal business hours. Applications shall be in such form approved by the Town Board and accompanied by a permit fee in the amount established by the Town Board.
3. In addition, all applicants for said permits:

(1)    Must submit their permit applications to the Town Supervisor or his/her designee at least seven days in advance of any anticipated filming; application(s) received less than seven days in advance of any anticipated filming will be accepted at the discretion of the Town Supervisor and, if approved, subject to an additional fee, to be set forth by Town Board resolution;

(2)    Must submit with their application a parking plan map for all vehicles to be parked on all

LOCAL LAW NO. 2, 2019 – Continued

impacted roadways and public parking lots, as well as a traffic detour plan/map; and

(3)    Are to provide a form notification letter to be distributed by the applicant to all property owners who may be impacted by any filming, with additional regulations as per § 14C-6J and K.

1. One permit may permit filming at more than one location, however, each location shall be subject to a separate fee as designated by Town Board Resolution.
2. If a permit is issued and due to inclement weather or other good cause, not within the control of the applicant, filming does not in fact take place on the date or dates specified, the Supervisor or his/her designee may, at the request of the applicant, issue an amended permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be required for an amended permit under this section.
3. Exemptions. Notwithstanding the requirements of this chapter, the filming activities designated below do not require a permit to be obtained pursuant to this chapter, if such activity does not obstruct or interfere with the use of any public lands. For purposes of this section, the term “obstruct or interfere with the use of any public lands” shall mean any filming activity which impedes or which involves the blockage, interruption or closure, in whole or in part, of any public lands.

(1)    Filming and coverage by news media.

(2)    Filming by and intended for the exclusive use of the owner and his/her immediate family.

(3)    Filming occurring on public lands or on private property resulting in an incidental use of public lands, and involving the personal, noncommercial use of a handheld device, as defined herein.

§ 14C-4 Rules and regulations.

1. No permit shall be issued for filming on public lands or for using public lands for filming on private property unless the applicant for such permit provides proof of insurance coverage for bodily injury for any person in the amount of $1,000,000 and for any aggregate occurrence in the amount of $2,000,000 and agrees, in writing, to indemnify and save harmless the Town of Orangetown from any and all liability or damages resulting from the use of such public lands.
2. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic and shall provide traffic control personnel and approved traffic control devices as per the New York State Manual of Uniform Traffic Control Devices. The holder of the permit shall also comply with all lawful directives of the Orangetown Police Department.
3. The holder of the permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise. The holder shall avoid any interference with previously scheduled activities.
4. The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the permit.
5. Unless otherwise permitted pursuant to this chapter, filming in residential zones shall generally be permitted only Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m.
6. The Supervisor or his/her or her designee may refuse to issue a permit whenever he determines, on the basis of objective facts and after review of the application and a report from the Orangetown Police Department, Highway Superintendent, Superintendent of Parks

LOCAL LAW NO. 2, 2019 – Continued

and Recreation and/or any other Town Department head, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public’s use of the public lands.

1. The Supervisor or his/her designee may revoke a permit that has been issued due to permittee failure to comply with permit terms, but any permit fees paid or unpaid remain due.
2. A permit may authorize “Special Effects” filming which includes, but is not limited to the following: simulated gun-fire, explosions, fires, sirens, car chases/crashes and helicopter landing and/or takeoff. Such “Special Effects” filming may only take place in non-residential zones, unless otherwise approved by Town Board resolution.  Notwithstanding the foregoing, when “Special Effects” filming is permitted as per this section, the landing area for helicopter landing and/or takeoff must be at least 900 feet from the nearest residential property line.

• 14C-5 Violations and penalties.

Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed $5,000 and/or to imprisonment for a term not to exceed 90 days, or both.

§ 14C-6 Fees.

The applicant shall pay to the Supervisor or his/her designee all fees required pursuant to this Chapter and as established in accordance with a fee schedule which shall be established, and amended if appropriate, by Town Board resolution. In addition to any other fees authorized and required by this Chapter, additional fees shall be charged and set forth in the fee schedule, for the following circumstances:

1. If the applicant starts filming or filming activity (which term is defined in this subsection and henceforth in this section to include the arrival of personnel or equipment, preparation for filming, or any activity associated with the activity set forth in the permit) prior to 8:00 a.m.; or
2. If the applicant does not end filming or filming activity (meaning the complete removal from the site of all participants, vehicles and equipment associated with the activity set forth in the permit) by 7:00 p.m.; or
3. If the applicant engages in filming or filming activity on a Saturday or Sunday or a national holiday; or
4. If the applicant’s permit approves use for any period of time of curbside parking spaces in a commercial area; or
5. If the applicant’s permit approves filming that authorizes special effects as described in Section 14C-4(H).
6. If the applicant intends to change his or her activities in any respect that deviates from the information put forth when the permit was issued, further written application must be made to the Supervisor or his/her designee.
7. If, in the discretion of the Chief of the Police, Superintendent of Highways, or Superintendent of Parks and Recreation, Town personnel are needed or requested at the site, the applicant shall pay to the Town a sum for the use of Town personnel pursuant to the applicable Town Department’s fee schedule or schedules for such use of personnel, but in no event shall said sum be less than $85 per hour for each Town employee required at the site.
8. If, in the discretion of the Chief of the Police, Superintendent of Highways, Superintendent of Parks and Recreation, vehicles (which list includes but is not limited to police vehicles, Highway Department vehicles, or Parks and Recreation Department vehicles) are needed or

 

LOCAL LAW NO. 2, 2019 – Continued

requested at the site, the applicant shall pay to the Town a sum for the use of said vehicles pursuant to the applicable Town department’s fee schedule or schedules for such vehicle use, but in no event shall said sum be less than $15 per hour for any Town vehicle required at the site.

1. In addition to any other fees required and authorized by this Chapter, if an applicant seeks permission to conduct filming in or otherwise occupy any Town-owned structures, real estate or portion thereof for any period of time, such use shall be subject to license fees to be set forth by agreement with the applicant and approved by Town Board resolution for each such instance and location as it may occur. This shall also apply to Town public roadways if a section of Town roadway is to be closed to public access or other vehicular traffic. It shall be the responsibility of the Supervisor or his/her designee, in consultation with the Superintendent of Parks and Recreation, the Chief of Police, and the department head primarily responsible for or otherwise occupying such Town-owned property, to make the initial determination as to the potential amount, scope, and terms of any such license agreement, which license shall be approved by the Town Board as described in this section.
2. In addition to any other fees required and authorized by this Chapter, all applicants engaging in after-hours filming as described in Subsections E of §14C-4, where said filming is determined by the Supervisor or his/her designee, in consultation with the Chief of Police, to be high impact on the area, shall provide or offer direct compensation to residents affected by said filming in a minimum fifty-yard radius from the location and shall provide an affidavit to the Supervisor or his/her designee showing that a reasonable effort was made to contact all such residents and all residents that were contacted were provided said compensation (or signed a written declination) prior to issuance of a film permit. The radius for said compensation may be increased by the Supervisor or his/her designee should, in consultation with the Chief of Police, it is determined that the impacts of said filming will reach beyond said fifty-yard radius, and the Supervisor or his/her designee shall notify the applicant of this wider radius prior to the issuance of a film permit. This subsection shall not be construed as a cap or limitation on compensation to residents impacted by filming, and the applicant shall be free to offer additional compensation in any manner they desire to any resident they desire.
3. In addition to any other fees required and authorized by this Chapter, all applicants engaging in filming on a public roadway or sidewalk where said filming is determined by the Supervisor or his/her designee to obstruct access by the public to businesses in the area that would normally be operational at the time of filming, shall provide or offer direct compensation to each said affected businesses for times of obstructed access and shall provide an affidavit to the Supervisor or his/her designee showing that a reasonable effort was made to contact all such businesses and all businesses that were contacted were provided said compensation (or signed a written declination) prior to issuance of a film permit. The Supervisor or his/her designee at his/her discretion shall indicate the area of businesses with obstructed access for the applicant for each such application based on the area the filming is to take place. This subsection shall only apply to the hours in which obstruction and the regular business hours of each individual affected business overlap. Further, this subsection shall not be construed as a cap or limitation on compensation to businesses impacted by filming, and the applicant shall be free to offer additional compensation in any manner they desire to any business they desire.

 

RESOLUTION NO. 218                                          APPROVE FEE SCHEDULE  CHAPTER 14C – FILMING

 

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

 

RESOLVED, that the Town Board hereby approves the following fee schedule filming on Private Property Film/TV Shoot/Commercial (Prep/Wrap/Film Day) under Chapter 14C of the town code regarding commercial filming in the Town of Orangetown:

RESOLUTION NO. 218 – Continued

 

Film/TV/Shoot, Prep & Wrap days:

$600.00 per day/per location + $500.00 an hour before or after filming hours +

additional fees for police (if required).  FILMING HOURS: Monday – Friday

8:00a.m. – 7:00 p.m.

 

Helicopter Usage:

$1,500.00 Flat rate per day

 

Metered Parking Spots

1-50 Crew Members: $50.00 Per Spot Per Day

50+ Crew Members: $100.00 Per Spot Per Day

 

IRG Campus:

$600.00 per day flat rate

 

Basecamp

$300.00 Per Day. Per Location

 

 

***EXCEPTIONS***

 

Student Films/Short Films/Independent/Smaller Commercial Shoots:

 

1-10 Crew Members: $200.00 Per Day/per location + $50.00 an hour before or after filming hours + additional fees for police (if required).

 

11-20 Crew Members: $300.00 Per Day/per location + $75.00 an hour before or after filming hours + additional fees for police (if required).

 

20-50 Crew Members: $400.00 Per Day/per location + $100.00 an hour before or after filming hours + additional fees for police (if required).

 

50+ Crew Members: Standard fees.

 

Ayes:            Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:            None

 

 

RESOLUTION NO. 219                                          SET PUBIC HEARING / AMEND CHAPTER 39 / “BICYCLING AND SKATING ON PUBLIC STREETS”

 

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

 

RESOLVED, that the Town Board hereby sets a public hearing for May 21, 2019 at 8:15 P.M. regarding proposed amendment to Chapter 39, entitled “Bicycling and Skating on Public Streets.”

 

BE IT FURTHER RESOLVED, that the Town Clerk is authorized to circulate the proposed Local Law to the New York State Department of Transportation, Rockland County Highway Department, and Town of Orangetown Highway Department”.

 

Ayes:            Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:            None

 

 

RESOLUTION NO. 220                                          SET PUBLIC HEARING / PROPOSED AMENDMENT / PREVENT COMMERCIAL ENTITIES WITH DELINQUENT PROPERTY TAX STATUS FROM OBTAINING NEW BUILDING PERMITS

 

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

 

RESOLVED, that the Town Board hereby sets the public hearing for June 18, 2019 at 8:05 P.M. regarding proposed amendment, Prevention of Commercial Entities with Delinquent Property Tax Status from obtaining new building permits.

 

Ayes:            Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:            None

 

RESOLUTION NO. 221                                          APPOINT MARGARET KIRWAN  BOARD OF ASSESSMENT REVIEW

 

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

 

RESOLVED, that upon the approval of the Town Board, appoint MARGARET KIRWAN as Member of the Board of Assessment Review, to fill the unexpired term of Roger Pellegrini, for a term of May 1, 2019 through December 31, 2022.

 

Ayes:            Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:            None

 

RESOLUTION NO. 222                                          APPOINT BETH CAHILL / BOARD OF ETHICS

 

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

 

RESOLVED, that upon the approval of the Town Board, appoint BETH CAHILL, MA, as Member of the Board of Ethics, to fill the unexpired term of Dr. Margaret Mary Fitzpatrick, effective May 1, 2019 through December 31, 2021.

 

Ayes:            Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:            None

 

RESOLUTION NO. 223                                          ESTABLISH A FARMERS MARKET APPROVE AGREEMENT / ELEMENTAL EVENTS, LLC DBA VILLAGE GREEN MARKETS / 2019 FARMER’S MARKET MANAGER / PEARL RIVER

 

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

 

WHEREAS, in the furtherance of the public interest and consistent with sustainability efforts, good eating habits, and providing a vast array of services for our residents, it would be appropriate to permit a weekly Farmers Market on Town Property for selected regional farmers and vendors to sell goods and produce grown in the Hudson Valley; and

 

WHEREAS, the Town has prepared a proposed Professional Services Agreement with Elemental Events, LLC to utilize Town owned North William Street between East Central

RESOLUTION NO. 223 – Continued

 

Avenue and East Washington Avenue in Pearl River for the Farmers Market under the terms and conditions specified by the Town; and

 

WHEREAS, the Town has drafted a Standard License Agreement to be used in conjunction with the Farmers Market to permit Farmers/Vendors to sell fresh farm and related products under certain terms and conditions specified in the Professional Services and Standard License Agreements including a requirement that each Farmer/Vendor submit, as required, a Certificate of Insurance provided for in the proposed License Agreement; and

 

NOW THEREFORE BE IT, RESOLVED, that pursuant to New York General Municipal Law Section 72-p,the Town Board hereby establishes a Farmers Market, to be known as the “Pearl River Farmers Market”, for public purposes for the benefit of the community, to be run in conjunction with the Pearl River Chamber of Commerce and located in downtown Pearl River, to be held as an event series on Sundays, May 19, 2019 through November 24, 2019, between the hours of 10 am and 3 pm, and

 

BE IT FURTHER RESOLVED, that pursuant to the authority of GML 72-p, Town Board hereby authorizes the Supervisor to execute an Agreement, on behalf of the Town, as proposed and written, subject to final review and approval by the Town Attorney’s Office, with Elemental Events, LLC, to provide professional services including but not limited to: operations, marketing, management, vendor recruitment, and scheduling of the Pearl River Farmers Market, subject to the approval of the Town Board, and

 

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Highway Department to assist in the implementation of the Pearl River Farmers Market which includes use of the Town road way at North William Street, between Washington Avenue and Central Avenue, barricades, water filled barriers, trash cans, dumpsters, and electronic message boards.

 

Ayes:            Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:            None

 

RESOLUTION NO. 224                                          APPROVE / 2019 HIGH SCHOOL PROJECT GRADUATION FUNDING

 

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

 

RESOLVED, that upon the recommendation of the Director of Finance, PROJECT GRADUATION funding for 2019 is hereby approved as follows and charged to Account A4211.457:

 

Pearl River High School	–     $1500
Tappan Zee High School	–    $1500
Nanuet High School	–      $750
Nyack High School	–       $750
Albertus Magnus High School	–       $200

 

Ayes:            Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:            None

 

RESOLUTION NO. 225                                          APPOINT / CHRISTOPHER J. GOLDRICK / FIREFIGHTER / BLAUVELT VOLUNTEER FIRE COMPANY

 

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

RESOLUTION NO. 225 – Continued

 

RESOLVED, upon the recommendation of the Blauvelt Fire Dept., CHRISTOPHER J. GOLDRICK is hereby appointed to the position of Firefighter, with the Blauvelt Volunteer Fire Company.

 

Ayes:            Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:            None

 

RESOLUTION NO. 226                                          SETTLEMENT OF CLAIM / MARIE LUCAS / DAMAGE FROM TOWN DRAIN PIPE

 

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

 

RESOLVED, that upon recommendation of the Town Attorney and Highway Department, the Town Board hereby approves the settlement of a claim by Marie Lucas, 30 Washington Place, Tappan, for the sum of Five Thousand Dollars ($5,000.00) with respect to damage sustained at her property from a damaged Town drain pipe.

 

Ayes:            Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:            None

 

RESOLUTION NO. 227                                          2019 CERTIFICATE OF SEWER REGISTRATION

 

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

 

Harris Construction, 37 West Washington Avenue, Pearl River, NY

S.H.F. Corporation, 23 Briarwood Drive, New City, NY

 

Ayes:            Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:            None

 

RESOLUTION NO. 228                                          APPROVE SETTLEMENT-CLAIM R.R., MINOR, BY HIS PARENTS AND NATURAL GUARDIANS, WILLIAM AND CHRISTINE REDDY, AND WILLIAM AND CHRISTINE REDDY, INDIVIDUALLY

 

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

 

RESOLVED, upon the recommendation of the Office of the Town Attorney, approve and authorize Marshall Dennehey Warner Coleman & Goggin, the law firm retained to represent the Town in this matter, to fully and finally settle the above-referenced Claim for the sum of $25,000.00, and to sign any and all legal instruments necessary to effectuate said settlement, subject to court approval of the settlement.

 

Ayes:            Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:            None

RESOLUTION NO. 229                                          ACCEPT RESIGNATION / POLICE OFFICER RYAN EIRAND

 

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

 

RESOLVED, that upon the recommendation of the Chief of Police, accept the resignation of Police Officer Ryan S. Eirand from the Orangetown Police Department effective April 25, 2019.

 

Ayes:            Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:            None

 

RESOLUTION NO. 230                                          DECLARE SURPLUS EQUIPMENT VEHICLE AND RADAR UNITS (POLICE)

 

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

 

RESOLVED, that upon the recommendation of the Chief of Police, the Town Board hereby declares the following items to be declared as surplus:

 

1. 2006 Ford Crown Vic 2FAHP71W16X127706
2. Kustom HR12 Serial #AA3542
3. Kustom HR12 Serial # AA3550
4. Stalker ATR Serial #SP008801
5. Kustom Talan Serial #T2570
6. Stalker TR Serial #AT78364
7. Kustom Falcon Serial #FF12939

 

Ayes:            Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:            None

 

RESOLUTION NO. 231                                          APPROVE / LOCAL FIRE DEPARTS USE OF MESSAGE BOARDS  RECRUITMENT & RETENTION PROGRAM

 

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, that the Town Board hereby approve the past use of message boards that were used for the recruitment and retention program for the local fire departments. The events were held on Saturday, April 27, 2019 & Sunday, April 28, 2019.

 

Ayes:            Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:            None

 

RESOLUTION NO. 232                                          ADOPT–A–SPOT / MCMAHON FAMILY / 2 SICKLETOWN ROAD PEARL RIVER

 

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

 

 

RESOLUTION NO. 232 – Continued

 

RESOLVED, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which Town has a place of business at 26 Orangeburg Road, Orangeburg, NY, expressly authorizes and approves the Adopt-A-Spot Committee, a volunteer organization with Martin McMahon Jr., Una McMahon, Nora McMahon, Ashling McMahon, Orla McMahon, and Martin McMahon III as part of the Adopt-A-Spot Committee to contribute toward the development and maintenance of a more attractive and litter-free Town Highway R.O.W. segment as described in the Highway Work Permit as Town Property located at 2 Sickletown Road, Pearl River, NY, otherwise known as the “SPOT,” by performing necessary and/or desired clean-up activities, as particularly set forth in and pursuant to the terms and conditions of the Town of Orangetown Highway Department Adopt-A-Spot Agreement between the Town of  Orangetown Highway Department and “McMahon Family” Adopt-A-Spot Committee, Dated: April 30, 2019.

 

Ayes:            Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:            None

 

RESOLUTION NO. 233                                          LEND ASSISTANCE /2019 GRAN FONDO NY RACE

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, Parks and Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which includes the use of cones, barricades & barrels from the Highway Department, the approval of the use of the Rail Trail from the Parks Dept., and detour signs & traffic control from the Police Dept., for the Gran Fondo race on Sunday, May 19, 2019, from 8 am – 3 pm.

 

Ayes:            Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:            None

 

RESOLUTION NO. 234                                          LEND ASSISTANCE / 2019 ACS RELAY FOR LIFE

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways, Parks and Chief of Police, that the Town Board hereby authorizes these departments upon completion of all necessary paperwork to lend assistance which includes the use of barricades, cones, trash barrels, caution tape, message board & recycling kiosks from the Highway Dept., use of the showmobile at a rental cost of $ 400.00, as well as 3 regular & rental of 6 porta-johns (4 regular units, 2 ADA Compliant units) from the Parks Dept., & traffic & pedestrian control from OPD, for the ACS Relay for Life to be held on Saturday, June 8, 2019, from 2 pm – 12 am.

 

Ayes:            Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:            None

 

RESOLUTION NO. 235                                          AWARD CONTRACT / ACADEMY CONSTRUCTION OF TOTOWA, NJ ASBESTOS ABATEMENT / CHIEF BILL HARRIS WAY PROPERTIES

 

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

 

 

RESOLUTION NO. 235 – Continued

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation, Aric Gorton, the Town Board hereby awards the contract for asbestos abatement of three Town owned properties; 108, 109 & 110 Chief Bill Harris Way to Academy Construction of Totowa, NJ in the amount of $23,900.00 as per Rockland County Contract: 18-085.

 

Ayes:            Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:            None

 

 

RESOLUTION NO. 236                                          GRANT PERMISSION / VINCENT MATTHEW / ATTEND WASTEWATER GRADE 4 MANAGEMENT COURSE

 

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

 

RESOLVED, that the Town Board hereby grants permission for Vincent Matthew to attend the Wastewater Grade 4 Management Course, Morrisville, NY, from August 27, 2019 – August 29, 2019 at a total cost of $1,132.24 to be charged to the following accounts: 8130.441 and 8130.480.

 

Ayes:            Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:            None

 

 

RESOLUTION NO. 237                                          AWARD BID / BROOKSIDE AVENUE SANITARY SEWER IMPROVEMENTS SOUTH NYACK / ENVIRONMENTAL CONSTRUCTION, INC

 

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

 

WHEREAS, the Commissioner of DEME duly advertised for sealed bids for the Brookside Avenue Sanitary Sewer Improvements (DEME-52-2018) in South Nyack, NY, which were publicly opened on March 28, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet are labeled Exhibit 04-C-19, and made a part of these minutes.  Now, Therefore, Be It

 

WHEREAS, Environmental Construction Inc., is the lowest qualified bidder in the amount of $250,230.00.

 

NOW THEREFORE, BE IT RESOLVED, that upon the recommendation of Eamon Reilly, the Commissioner of DEME, this bid is hereby awarded to Environmental Construction Inc., Stony Point, New York, the lowest qualified bidder, in the amount of $250,230.00.

 

Ayes:            Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:            None

 

 

RESOLUTION NO. 238                                                      PAY VOUCHERS

 

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

RESOLUTION NO. 238 – Continued

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of five (5) warrants for a total of $2,906,299.83.

Ayes:            Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:            None

 

RESOLUTION NO. 239                                          ENTER EXECUTIVE SESSION SALE TOWN-OWNED PROPERTY & LITIGATION

 

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

 

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

 

RESOLVED, at 9:10 p.m. the Town Board entered Executive Session to discuss sale of Town-Owned property and particular litigation.

 

Ayes:            Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:            None

 

RESOLUTION NO. 240                                          RE-ENTER RTBM / ADJOURNED  MEMORY

 

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

 

RESOLVED, at 9:45 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Carol McGrath, Former President of the Pearl River Rotary Club and resident of Pearl River; George Hackett, Veteran and Member of Raymond W. Demeola VFW Post 1650, Blauvelt; William C. Urban, Resident of Pearl River, Husband of Jo Urban who served many years as a Senior Leader for the Town’s Senior Citizen Advisory Committee; and Joseph Cable, resident of Blauvelt and a proud Vietnam War Veteran.        

 

Ayes:            Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:            None

 

 

 

 

 

 

 

 

_________________________________

         Rosanna Sfraga, Town Clerk