Meeting Overview

 

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, MAY 7, 2019

 

This meeting was opened at 7:31 p.m.  Supervisor Day presided and Rosanna Sfraga, Town Clerk, called the roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Supervisor Christopher Day

 

Absent:                        Councilman Gerald Bottari

 

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

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

Donald Butterworth, Police Captain

Anthony Bevelacqua, Director of Automated Systems

 

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

 

ANNOUNCEMENTS :

 

Highway Department will host their 23^rd Annual Open House on Saturday, May 18, 2019 from 10 am to Noon at the Highway Department Facility, 119 Route 303.

 

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 Rd, Orangeburg (near Western Highway; Depot Square, Sparkill and Downtown, Pearl River.  Banners can be sponsored using the following website link http://militarytributebanners.org/current-programs/orangetown.ny.html All proceeds of the program will be used toward annual event/traditions to benefit our local veternas.  Please e-mail supervisor@orangetown.com for more details.

 

 

MEMORIAL DAY EVENTS

 

May 26, 2019 (Sunday):

Veterans at Walkway of Heroes Celebration 10 am, Independence Avenue, Tappan

 

May 27, 2019 (Monday):

1. Palisades Memorial Day Ceremony, 9 am, Flagpole at corner of Closter Road and Route 9W Piermont Engine Hose Co. #1 and VFW Post 7462 of Piermont Memorial Day Parade, starting at 9:30 am, Firehouse proceeding to the ceremony at 10:00 am Kennedy Park.
2. Pearl River Memorial Day Parade & Ceremony, parade starts 10:30 am from CVS Middletown Rd down Central Avenue to Ceremony at Braunsdorf Park.
3. Charles R. & Raymond O. Blauvelt Post 310 American Legion, Willis Polhemus Post 9215 of Upper Nyack, Veterans of Foreign Wars and the Village of Nyack Memorial Day and Celebration, 11:00 am parade starts from the Farmer’s Market parking lot thru Town at the Gazebo for celebration and music.
4. John M. Perry Post 1044 American Legion (Sparkill) Memorial Day Celebration, 11:15 am, parade starts from the Firehouse to the Sparkill Monument for the service and presentation.
5. Blauvelt Lions Memorial Day Celebration, 12:00 pm, Blauvelt Lions Park, Blauvelt.

 

 

May 29, 2019 (Wednesday):

1. Vietnam Veterans 333 of America Watchfire, 11:00 pm, Piermont Pier, (fire will burn for 24 hours).
2. Vietnam Veterans 333 of America Watchfire, 11:00 pm,Top of Clausland Mountain, (fire will burn for 24 hours).

 

Public Hearing / May 21, 2019 at 8:15 p.m. / Proposed amendment to the Town Code, Bicycling and Skating on Public Streets.

 

Public Meeting / May 29, 2019 at 7:30 p.m. / West Washington Bridge Replacement (Pearl River), Town Hall, conference/multi-purpose room.

 

Public Hearing / June 18, 2019 at 8:05 p.m. / Proposed amendment to the Town Code, Delinquent Property Tax Law / Prevent Commercial Entities with Delinquent Property Taxes from Obtaining a New Building Permit.

 

Public Hearing Continuation / June 18, 2019 at 8:15 p.m. / Proposed Zone Change, (BIEBER) 564, 566, 568, 570, 572, 574, 576, 578 ROUTE 303 (70.14-4-14-21) FROM “LO” TO “CC”

 

PRESENTATIONS:

 

 

Proclamation for Mental Health Awareness Month – May 2019 / NAMI of Rockland

• (National Alliance on Mental Health Illness of Rockland County) Rina Finkelstein and Jackie Dreschler / Highlighting “Suicide Awareness”

 

• Proclamation for Building Safety Month – May 2019
• Proclamation for National Police Week – May 12 – 18, 2019
• Proclamation for National Public Works Week – May 19 – 25, 2019

 

Town of Orangetown DRAFT Municipal Separate Storm Sewer System (MS4 Annual Report Year 16) presented by Eamon Reilly (DEME).

 

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

 

 

RESOLUTION NO. 241                                          OPEN PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:            Supervisor Day

Councilpersons Diviny, Troy, Valentine

Noes:            None

Absent:         Councilman Bottari

 

Summary of Public Comments:

Esta Baitler, Sparkill, congratulated Donald Butterworth as the new Police Chief.  She said, labeling people mentally ill has to stop.  She hopes Aluf gets closed down.

Jackie Dreschler, NAMI of Rockland, complimented Orangetown as a Wonderful Town by it supporting so many good things.

 

RESOLUTION NO. 242                                          CLOSE PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:            Councilpersons Diviny, Troy, Valentine

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 243                                          AMEND RESOLUTION NO. 731/2018 2019 TOWN BOARD MEETING CALENDAR / AMEND POLICE COMMISSION / AUDIT DATES

 

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

 

RESOLVED, that The Following 2019 Town Board Calendar Is Hereby Approved:

 

(New Courtroom)	01/08/19	Re-Organizational Meeting
	01/15/19	Police Commission/Workshop/RTBM/Audit
	01/29/19	Workshop/RTBM/Audit
	02/12/19	Police Commission/Workshop/RTBM/Audit
	02/26/19	Workshop/RTBM/Audit
	03/12/19	Police Commission/Workshop/RTBM/Audit
	03/26/19	Workshop/RTBM/Audit
	04/09/19	Police Commission/Workshop/RTBM/Audit
	04/30/19	Workshop/RTBM/Audit
	05/07/19	Workshop/RTBM
	05/21/19	Police Commission/Workshop/RTBM/Audit
	06/04/19	Police Commission/Workshop/RTBM/Audit
	06/18/19	Workshop/RTBM/Audit
	07/09/19	Police Commission/Workshop/RTBM/Audit
	07/23/19	Workshop/RTBM/Audit
	08/06/19	Police Commission/Workshop/RTBM/Audit
	08/20/19	Workshop/RTBM/Audit
	09/03/19	Police Commission/Workshop/RTBM/Audit
	09/17/19	Workshop/RTBM/Audit
	10/01/19	Police Commission/Workshop/RTBM/Audit
	10/15/19	Workshop/RTBM/Audit
	11/12/19	Police Commission/Workshop/RTBM/Audit
	11/19/19	Workshop/RTBM/Audit
	12/03/19	Police Commission/Workshop/RTBM/Audit
	12/17/19	Workshop/RTBM/Audit

 

 

Police Commission meetings start at 7 pm; Town Board Workshop meetings and regular town board/audit meetings begin at 7:30 pm. All meetings are on Tuesdays in courtroom 1, (old courtroom) except where otherwise indicated

 

 

Ayes:            Councilpersons Valentine, Troy, Diviny

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

 

RESOLUTION NO. 244                                          FEDERAL FUNDS / NYSDOT / 2019 STANDARD TITLE VI CIVIL RIGHTS ACT / NON-DISCRIMINATION ASSURANCES

 

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

 

WHEREAS, as a condition of receiving any Federal financial assistance from the U.S. Department of Transportation (USDOT), through the New York State Department of Transportation (NYS DOT), the Town must agree to provide Specific Assurances and contract clauses with respect to Title VI of the Civil Rights Act of 1964,

 

NOW THEREFORE BE IT RESOLVED, that the Supervisor is authorized to execute the “Standard Title VI/Non-Discrimination Assurances” in the form provided and incorporated by reference herein, as a condition to receiving any Federal assistance from the USDOT through the NYSDOT and shall agree to abide by same in the event the Town seeks and/or obtains any such assistance.

 

Ayes:            Councilpersons Troy, Diviny, Valentine

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 245                                          ADOPT CLIMATE SMART COMMUNITIES PLEDGE / NYSDEC

 

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

 

WHEREAS, the Town of Orangetown believes that climate change poses a real and increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and

 

WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and

 

WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy- independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and

 

WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and

 

WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come,

 

IT IS HEREBY RESOLVED that Town of Orangetown, in order to reduce greenhouse gas emissions and adapt to a changing climate, adopts the New York State Climate Smart Communities pledge, which comprises the following ten elements: Build a climate-smart community. Inventory emissions, set goals, a plan for climate action. Decrease energy use. Shift to clean, renewable energy. Use climate-smart materials management. Implement climate-smart land use. Enhance community resilience to climate change. Support a green innovation economy. Inform and inspire the public. Engage in an evolving process of climate action.

 

Ayes:            Councilpersons Diviny, Valentine, Troy

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 246                                          APPROVE / 2019 CANDLE AGREEMENT / DRUG ABUSE AND PREVENTION AWARENESS PROGRAMS

 

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

 

RESOLVED, that the Town Board hereby authorizes the Supervisor, or his designated representative, to sign an Agreement between the TOWN and CANDLE, at a cost to the TOWN of $35,132.50 pursuant to which CANDLE shall provide drug abuse and prevention awareness programs and services to the youth of the Town of Orangetown during and throughout calendar year 2019.

 

Ayes:            Councilpersons Diviny, Valentine, Troy

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 247                                          PERMISSION GRANTED ROSANNA SFRAGA, TOWN CLERK AND JOSEPH THOMASSEN, DEPUTY CLERK – RECEIVER / ATTENDANCE NYS ASSOCIATION OF TAX RECEIVER’S AND COLLECTOR’S SEMINAR

 

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

 

RESOLVED, permission is hereby granted to Rosanna Sfraga, Town Clerk and Joseph Thomassen, Deputy Clerk/Collector to attend the 2019 Tax Collection Seminar at the Gold Arrow Lakeside Resort, Lake Placid, NY, at a total cost of $1,830.00 ($200.00 Conference Registration Fee / Acct. No. 1330/0441 & $1,630.00 Lodging, Meals and Travel / Acct. No. 1330/0480).

 

Ayes:            Councilpersons Valentine, Troy, Diviny

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 248                                          2019 CERTIFICATE OF SEWER REGISTRATION

 

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

 

SDM Industries, 21 South Park Terrace, Congers, NY 10920, Tel.: 845-268-7235

 

Ayes:            Councilpersons Troy, Diviny, Valentine

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 249                                          SETTLEMENT / MATHERS V. TOWN OF ORANGETOWN

 

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

 

 

RESOLUTION NO. 249 – Continued

 

WHEREAS, a matter has been commenced by Mathers, identified in the Southern District of New York as Case No. 19-cv-473, arising out of a police incident alleged to have occurred on March 13, 2017; and

 

WHEREAS, the parties have agreed to compromise and settle the claim in the amount of $12,500.00, and

 

WHEREAS, the Town without admitting liability for the damages alleged, nevertheless, recognizes the litigation costs associated with continued litigation of this claim, and

 

WHEREAS, the Town of Orangetown Attorney’s Office recommends settlement of the claim for the amount proposed pursuant to the authority granted by New York Town Law §68,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Attorney’s Office is hereby authorized to compromise and settle the claim in the amount of $12,500.00 and to execute any documents as may be necessary to effectuate such result.

 

Ayes:            Councilpersons Troy, Diviny

Supervisor Day

Noes:            Councilman Valentine

Absent:         Councilman Bottari

 

RESOLUTION NO. 250                                          GRANT PERMISSION / DIRECTOR OF OBZPAE / ATTEND 2019 / NATIONAL ENERGY CODE CONFERENCE / DENVER, CO

 

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

 

RESOLVED, that upon Town Board approval, that permission is hereby granted to OBZPAE Director Jane Slavin, to attend the 2019 National Energy Codes at the Hilton Denver City Center, 1701 California Street, Denver, CO. at a cost of $1,095.45 for lodging, conference fees and travel expenses, charged to Account No. B3620.441.17.

 

Ayes:            Councilpersons Diviny, Troy, Valentine

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 251                                          AMEND TITLE SEARCH INSPECTION FEE(S)

 

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

 

RESOLVED, that upon recommendation of the Director, that the Town Board adopt the fee schedule as follows for Title Search inspection request: Exterior onsite inspection at $350.00 per request.

 

Ayes:            Councilpersons Diviny, Valentine, Troy

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 252                                          2019 SUMMER CAMP BUSING AGREEMENT / CHESTNUT RIDGE TRANSPORTATION

 

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

 

WHEREAS, in accordance with § 103 of the General Municipal Law, and the Town’s Procurement Policy, in or about April 2019, the Superintendent of Parks, Recreation and Buildings (“Superintendent”) advertised for sealed bids for bus transportation in connection,

RESOLUTION NO. 252 – Continued

 

with the Town’ s Summer Camp program, in which no bids were received or publicly opened on April 18, 2019;

 

WHEREAS, after receiving no bids, the office of Recreation and Parks made attempts to receive price quotes for this service, by a letter dated April 25, 2019, Chestnut Ridge Transportation has agreed to provide this service for the 2019 camp season .

 

NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation & Buildings, and subject to the delivery of updated insurance certificates, the 2019 Contract between the Town and Chestnut Ridge Transportation is hereby approved, to cover bus transportation for the 2019 summer camp season, at a price of 405.00 per bus for “ all day” transportation, $ 286.00 per bus for “ morning and afternoon” transportation and $35.00 per bus for “ afternoon transportation” for teen camp.

 

Ayes:            Councilpersons Diviny, Troy, Valentine

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 253                                          APPROVE / ACCEPT IMPROVEMENTS / BORST PARK DAISY TROOP #40116 OF PEARL RIVER

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation approve and accept with gratitude the efforts of Daisy Troop 40116 of Pearl River performing park clean up, ornamental plantings; donated by Van Houten Farms of Orangeburg and bridge/bench painting; supplies provided by The Paint Can in Pearl River.

 

Ayes:            Councilpersons Valentine, Troy, Diviny

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

 

RESOLUTION NO. 254                                          APPROVE CHANGE ORDER-BLUE HILL GOLF COURSE / BUNKER RENOVATION PROJECT

 

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

 

WHEREAS, pursuant to Town Board Resolution 2019-72, the Town awarded a bid for the 2019 Blue Hill Golf Course Bunker Renovation Project to TURCO GOLF, the lowest qualified bidder, in an amount not to exceed $184,000.00, and

 

WHEREAS, Turco Golf has started work on the project and suggested changes to the project scope and cost based upon its work to date, and

 

WHEREAS, the Town Superintendent of Parks and Recreation, as well as Applied Golf, the operator of Blue Hill Golf Course, have met with Turco and agree that certain changes to the original project are necessary and justified, including: Removal of existing sand from bunkers; Hauling and placing of fill; Additional Drainage; Bunker Reshaping; all of which will be monitored by the Head Greens keeper for an accurate accounting, and

 

WHEREAS, the proposed changes are incidental and do not vary in significance to the original bid and contract,

 

 

RESOLUTION NO. 254 – Continued

 

NOW THEREFORE, BE IT RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation, increase the contract amount for the Blue Hill Golf Course Bunker Renovation project contract with Turco Golf Inc. as per contract, an amount not to exceed $30,000.00.

 

Ayes:            Councilpersons Valentine, Diviny, Troy

Supervisor Day

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 255                                          ENTER EXECUTIVE SESSION SALE TOWN-OWNED PROPERTY / CONTRACT MATTERS / PERSONNEL MATTERS

 

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

 

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

 

RESOLVED, at 8:25 p.m. the Town Board entered Executive Session to discuss sale of Town-Owned property, contract matters and personnel matters.

 

Ayes:            Supervisor Day

Councilpersons Diviny, Troy, Valentine

Noes:            None

Absent:         Councilman Bottari

 

RESOLUTION NO. 256                                          RE-ENTER RTBM / ADJOURNED  MEMORY

 

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

 

RESOLVED, at 9:50pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of • Patrick McGovern, New York Police Officer and Resident of Pearl River, NY.

 

Ayes:            Supervisor Day

Councilpersons Diviny, Troy, Valentine

Noes:            None

Absent:         Councilman Bottari

 

_________________________________

 Rosanna Sfraga, Town Clerk