Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, MAY 21, 2019

 

This meeting was opened at 7:40 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:

Greg Garvey, Coordinator Economic Development / Filming

Rosanna Sfraga, Town Clerk

Robert Magrino, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Stephen Munno, Sr. Administrative Assistant

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

Donald Butterworth, Police Chief

James Brown, Police Captain

 

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

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 Rd., Orangeburg (near Western Highway),  Sparkill – Depot Square, & Downtown Pearl River – Banners can 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/tradition to benefit our local veterans.  Please e-mail   supervisor@orangetown.com for more details.

The Town of Orangetown and The Pearl River Chamber of Commerce will be sponsoring its first seasonal Pearl River Farmer’s Market  / Open to Public, every Sunday, from 10 a.m. to 3 p.m. / Beginning May 19th continuing through November 24, The stretch of North William Street (Between Washington Avenue and Central Avenue) will be blocked off and closed to vehicular traffic during the hours of 7:00 a.m. through 4:00 p.m. each Sunday while the Market is open. Locally sourced vendors will be gathering at the market to sell fresh produce and other farmer’s market items.  The new market place will serve as a healthy and fun meeting place for residents, while also promoting all that downtown Pearl River has to offer.  Occasionally, the Market will be accompanied by live music and other amusements.

MEMORIAL DAY EVENTS

May 26, 2019 (Sunday) – Veterans at Walkway of Heroes Memorial Day Celebration 10:00 a.m., Independence Avenue, Tappan

May 27, 2019 (Monday) – Palisades Memorial Day Ceremony – 9:00 a.m. at Flagpole at corner of Closter Road and Route 9W

May 27, 2019 (Monday) – Piermont Engine Hose Co. #1 and VFW Post 7462 of Piermont – Memorial Day Parade Starting at 9:30 a.m. at the Firehouse proceeding to the ceremony at 10:00 at Kennedy Park

May 27, 2019 (Monday) – Pearl River Memorial Day Parade & Ceremony – Starts at 10:30 a.m. at CVS on Middletown Road, PR, march down Central Avenue to Ceremony at Braunsdorf Park

May 27, 2019 (Monday) –Charles R. & Raymond O. Blauvelt Post 310 American Legion and Willis Polhemus Post 9215 of Upper Nyack Veterans of Foreign Wars and the Village of Nyack Memorial Day Parade and Celebration – 11:00 a.m. starts in Farmer’s Market parking lot and leads thru Town ending at the Gazebo for celebration and music

May 27, 2019 (Monday) – John M. Perry Post 1044 American Legion Memorial Day Celebration – Line up starts at 11:15 a.m.at Firehouse, march begins at 11:30 a.m. and proceed over to Sparkill Monument for the service and presentation

May 27, 2019 (Monday) – Blauvelt Lions Memorial Day Celebration at 12:00 P.M. at Blauvelt Lions Park, Blauvelt.

May 29th, 2019 (Wednesday)  – Watchfire on the Piermont Pier – Ceremony begin at 11:00 P.M. / Fire will be lit at 11:30 P.M.and will burn for 24 hours, sponsored by Vietnam Veterans 333 of America

May 29th, 2019 (Wednesday) – Watchfire at the Top of Clausland Mountain – Ceremony at 11:00 P.M. / Fire will be lit at 11:30 P.M. and will burn for 24 hours, sponsored by Vietnam Veterans 333 of America

 

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

The Orangetown Historical Museum is hosting a Spring Flea Market on June 1st from 10 – 4 P.M. at the DePew House, 196 Chief Bill Harris Way, Orangeburg, NY  (Rain Date is June 8th, 10-4 P.M.)  Please also take a free tour of our popular exhibit, “Shanks Legacy”. This event is free and open to the public.

Continue Public Hearing / TBWS/RTBM of June 18, 2019 at 8:15 p.m. /  Proposed zone change for 576 route 303 and adjoining properties

PRESENTATIONS:

George Alatsas regarding proposed zone change (vacant lot at corner of Manor Blvd. and Middletown Road, Pearl River)

Don Brenner (Brenner Law) re: The Club at Pearl River II Proposed Site Plan

2018 Annual Highway Department Awards:

Summit School Summer Youth Employment Work Program:  Nicholas Chimelis, Andre Goldstein, Michael Lee, Joshua Loeb, Richard Nunez, Emmanuel Pichardo, Jose Reyes and Christopher Whitley.

Beautification Award:  (Commercial) Faces by Carrie, Owner-Carrie Boecker, 40 Franklin Ave, Pearl River; (Residential) Gini & Jack Higgins, 111 Greenbush Rd, Tappan; Kim & Nick Woodford, 115 Greenbush Rd, Tappan; and Rick Petruzzelli, 34 S William St, Pearl River.

Community Clean-Up Coordination:  Sonia Cairo & Kevin Lowenwirth (Keep Rockland Beautiful); Melissa Grau (Blauvelt Community); Susan DeAngelis (Pearl River Community); Carol Knudson (Palisades Community); Sparkill Watershed Alliance (Sparkill Community); and George Garrecht IV & George Garrecht V (Tappan Community).

Highway Department Annniversary – Thomas Caputo (30 yrs) and Michael Menegaux (45 yrs).

Highway Department Perfect Attendance – Christopher Coyle, James Michael Dillon and Ed Vecchio

Highway Department Retirees – Lauro Antonutti, Wilhelm Bodenstab, Samuel Mounier and Michael Yannazzone

 

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

 

 

RESOLUTION NO. 259                                          OPEN PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

Summary of Public Comments:

Esta Baitler, Sparkill, clarified that residents at Camp Venture are development disabled.

Frank Ficarra, Pearl River, spoke about food trucks in Pearl River after the bars have stopped serving food and near the train station for commuters.

Mike Mandel, Pearl River, asked, what is the PILOT savings to the owner of 8 Olympic Drive.  He spoke about unfunded mandates and Governor’s spending on unnecessary items.

Kathy Lamb, Westchester, spoke about stray and homeless and a program called Trap/Neuter/Return.

 

RESOLUTION NO. 260                                          CLOSE PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 261                                          OPEN PH / PROPOSED AMENDMENT 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 public hearing is hereby opened.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk, presented the Affidavit of Publication and Affidavit of Postings; are labeled Exhibit 05-A-18 and made a part of these minutes.

 

Summary of Public Comments:  There were no public comments.

 

 

RESOLUTION NO. 262                                          CLOSE PH / PROPOSED AMENDMENT / CHAPTER 39, “BICYCLING AND SKATING ON PUBLIC STREETS”

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

 

RESOLVED, that the public hearing is hereby closed.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 263                                          DESIGNATION OF LEAD AGENCY DETEMINATION UNDER SEQRA CHAPTER 39, “BICYCLING AND SKATING ON PUBLIC STREETS”

 

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

 

                     RESOLVED, that the Town Board hereby declares itself to be Lead Agency for environmental review with respect to a proposed, amending Chapter 39 of the Town Code, entitled “Vehicles and Traffic” by adding a section to Article I, “Bicycling and skating on public streets”; 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 Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 264                                          ADOPT LOCAL LAW NO. 3 OF 2019, AMENDING CHAPTER 39,“VEHICLES AND TRAFFIC, REGARDING BICYCLING AND SKATING ON PUBLIC STREETS

 

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

 

            RESOLVED, that the Town Board hereby adopts proposed Local Law No. 3 of 2019, amending Chapter 39 of the Town Code entitled “Vehicles and Traffic”, Article I, by adding an additional section §39-13.6 entitled “Bicycling and skating on public streets” to provide for riding bicycles and skating of no more than one abreast on streets in the Town of Orangetown.

 

Ayes:      Councilpersons Bottari, Diviny, Troy, Valentine

Supervisor Day

Noes:      None

 

LOCAL LAW NO. 3 OF 2019

OF THE INCORPORATED TOWN OF ORANGETOWN, NEW YORK

AMEND CHAPTER 39, “VEHICLES AND TRAFFIC”

“BICYCLING AND SKATING ON PUBLIC ROADS

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

 

Chapter 39- entitled “Vehicles and Traffic” Article I, “Vehicle and Traffic Regulations” originally adopted by the Town Board on 12-9-1964 by L.L. No. 3-1964 is hereby amended by adding an additional Section as follows:

 

• 39-13.6 Bicycling and skating on public streets.

 

Notwithstanding the provisions of Subdivision (b) of§  1234 of the Vehicle and Traffic Law of the State of New York, persons riding bicycles or skating or gliding on in-line skates upon any public street within the Town of Orangetown shall not ride more than one abreast and shall ride, skate or glide near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left-hand turn or when necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. This section shall supersede any provision of the Vehicle and Traffic Law that is inconsistent herewith. All other provisions of such law shall remain in full force and effect. Penalties for violating this section shall be governed by Orangetown Town Code Section 39-19.

 

 

RESOLUTION NO. 265                                          AMEND RESOLUTION NO. 218-2019 FEE SCHEDULE  CHAPTER 14C – FILMING

 

Councilman Valentine 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:

 

Film/TV/Shoot, Prep & Wrap days:

 

FILMING HOURS: Monday – Friday 8:00a.m. – 7:00 p.m.

 

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: $600.00 per day/per location + $500.00 an hour before or after filming hours + additional fees for police (if required).

 

Helicopter Usage:

 

$1,500.00 Flat Rate Per Day

 

Other Special Effects:

 

$300.00 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. *Additional fees if outdoor special effects are in use*

 

Basecamp

 

$300.00 Per Day. Per Location

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 266                                          ADOPT-A-SPOT / SPRINKLER INSTALLATION DONATION WALKWAY OF AMERICAN HEROES TAPPAN / D’AGOSTINO LANDSCAPING INC.

 

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

 

            RESOLVED, that upon acceptance of the applicant’s insurance documentation naming the Town as additionally insured, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which has a place of business at 26 W. Orangeburg Road, Orangeburg, New York 10962, expressly authorizes and approves the Adopt-A-Spot Committee, a volunteer organization with D’Agostino Landscaping Inc. as part of the Adopt-A-Spot Committee to contribute the donation and installation of a sprinkler system

 

 

RESOLUTION NO. 266 – Continued

 

to make the Town Property located at the Walkway of American Heroes in (Independence Ave, Tappan, NY) more attractive by allowing for proper irrigation of area.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 267                                          ADOPT-A-SPOT / LANDSCAPING AND MAINTENANCE / WALKWAY OF AMERICAN HEROES / TAPPAN SUNRISE LANDSCAPING SERVICES

 

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

 

            RESOLVED, that upon acceptance of the applicant’s insurance documentation naming the Town as additionally insured, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which has a place of business at 26 W. Orangeburg Road, Orangeburg, New York 10962, expressly authorizes and approves the Adopt-A-Spot Committee, a volunteer organization with Sunrise Landscaping Services Inc. as part of the Adopt-A-Spot Committee to contribute to the attractive appearance and maintenance of the Town Property located at the Walkway of American Heroes in (Independence Ave, Tappan).

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 268                                          APPROVE / CHANGE ORDER ALL BRIGHT MAINTENANCE AGREEMENT

 

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

 

WHEREAS, pursuant to Town Board Resolution 2017-452 the Town Board authorized the purchase of street lights from Orange and Rockland Utilities as part of its conversion to LED Streetlights through the NY Power Authority, and

 

WHEREAS, said resolution included provision for the Town to enter into a ten year service agreement with All Bright Electric at a cost of $214,000.00, which was also acknowledged and authorized pursuant to Resolution  2018-376 and

 

WHEREAS, NYPA has requested a “change order” for funding to authorize additional funding for the installation of the electric vehicle charging stations at an additional cost of $5,788.00, as set forth more fully in Change Order No. 1 dated April 25, 2019 which is incorporated by reference herein,

 

NOW THEREFORE BE IT RESOLVED that the Supervisor is hereby authorized to execute the above referenced change order and any other documents necessary to proceed in accordance with previous resolutions regarding the streetlight maintenance agreement, subject to review and approval of the Director of Finance and Town Attorney.

 

Ayes:      Councilpersons Diviny Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

 

 

 

RESOLUTION NO. 269                                          MEMORIALIZING RESOLUTION REQUEST COUNTY OF ROCKLAND COMMIT TO KEEPING ANY EXCESS COSTS NOT FUNDED BY NEW YORK STATE ASSOCIATED WITH EARLY VOTING AT COUNTY LEVEL

 

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

 

WHEREAS, the State of New York has recently passed legislation implementing early voting throughout the state; and

 

WHEREAS, this new early voting will require there to be four polling sites in Rockland, with one expected to be at Orangetown Town Hall, open for ten days prior to any primary or general election, which will need to be staffed by paid election workers; and

 

WHEREAS, the Rockland County Board of Elections will either need to purchase software and equipment for electronic voter books or pay employees, likely on overtime, to ensure that the voter rolls at each polling location on Election Day are properly populated to reflect who voted at the consolidated polling location during the early voting period; and

 

WHEREAS, these costs of early voting have, at this point not been covered or been planned to be covered by New York State; and

 

WHEREAS, Rockland County is legally authorized to engage in the same “unfunded mandate” process with the towns as Albany is doing with the counties in regards to the costs of this early voting, in that they could force the towns to bear these costs directly; and

 

WHEREAS, the Board of Elections is a County-level function, having offices and a budget line at the County level of government; and

 

WHEREAS, many elected officials in the County of Rockland have repeatedly and at length bemoaned Albany’s habit of passing unfunded mandates down to lower levels of government;

 

NOW, THEREFORE BE IT HEREBY RESOLVED, that the Town of Orangetown formally requests the County of Rockland commit to keeping any excess costs not funded by New York State associated with early voting, for any and all elections, at the County level of government where those costs rightly belong; and be it

 

FURTHER RESOLVED, that the Town of Orangetown again requests the County of Rockland to cease the continued pushing of unfunded mandates down to the town level of government generally, including such other mandates as Community College Chargebacks, and return those such items that had previously been at the County level of government but had of late been pushed to the Town to the County budget in this upcoming fiscal year; and be it

 

FURTHER RESOLVED, that that the Clerk of the Town of Orangetown shall forward a certified true copy of this Resolution to the Clerk of the Rockland County Legislature for distribution to all Rockland County Legislators, to Orangetown’s County Legislators Vince Tyer, Patrick Moroney, Harriet Cornell, and Nancy Low-Hogan directly, to the Rockland County Executive, and to the Supervisors of the four other towns in Rockland County.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

 

 

 

RESOLUTION NO. 270                                          APPROVE / REVIEW / PROPOSED SITE PLAN / THE CLUB AT PEARL RIVER II / PLANNED ADULT COMMUNITY

 

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

 

WHEREAS, on July 24, 2018 the Town Board, pursuant to Town Board Resolution 2018-437 adopted Local Law No. 10 of 2018 which granted the petition of Millenium Management-Pearl River I, LLC and Pearl River ARC, LLC as owners of the property located on Veterans Memorial Drive, Pearl River, New York, identified on the tax map of the Town of Orangetown as SBL 73.10-1-5 for a change in zoning classification from Office-Park (“OP”) to Planned Adult Community (“PAC”), which project was and is known as “The Pointe at Lake Tappan II”, and

 

WHEREAS, the Town Board reviewed an illustrative Site Plan, Traffic Evaluation, Demographic Analysis, Tax Assessment analysis, Housing Plans and Full Environmental Assessment Form pursuant to SEQRA, and

 

WHEREAS, Section 4.612(D) authorizes the Town Board to review any proposed site development plan before preliminary approval by the Planning Board of any development within a PAC zone to determine whether, in the judgment of the Town Board, the proposed plan does not substantially deviate from the final concept plan presented to and reviewed by the Town Board as part of the zone change process, and

 

WHEREAS, the applicant has presented a site development plan to the Planning Board for site plan approval, and the Planning Board has referred same to the Town Board for consideration of the plans compliance with the requirements of Section 4.612(D) and

 

WHEREAS, the Town Board as reviewed the proposed site plan for The Club at Pearl River II prepared by JMC Site Development Consultants dated February 14, 2019 and last revised March 6, 2019,

 

NOW THEREFORE BE IT RESOLVED, the Town Board finds that the proposed site plan for The Club at Pearl River II tax lot Section 73.10 Block 1 Lot 5, prepared by JMC Site Development Consultants dated February 14, 2019 and last revised March 6, 2019, does not substantially deviate from the final concept plan presented to and reviewed by the Town Board as part of the Planned Adult Community zone change process, and

 

BE IT FURTHER RESOLVED, that the Town Board does not object to the Planning Board of the Town of Orangetown serving as Lead Agency for SEQRA purposes as to the aforementioned site plan.

 

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Day

Noes:      Councilman Diviny

 

RESOLUTION NO. 271                                          INTERMUNICIPAL SHARED SERVICES & COLLABORATION AGREEMENT / ROCKLAND COUNTY / CLEARING HOUSE HIGHWAY DEPARTMENTS SHARING OF PERSONNEL EQUIPMENT AND VEHICLES NOT TYPICALLY USED EVERYDAY / CERTAIN PROJECTS UNDER $100,000

 

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

 

 

RESOLUTION NO. 271 – Continued

 

RESOLVED, that the Town Board authorizes, pursuant to New York General Municipal Law Section 119 the Inter-Municipal Agreement with the County of Rockland and certain other participating Towns and Villages located therein entitled “Inter-municipal Shared Services and Collaboration Agreement” to provide for Shared Highway Services as described more fully in the agreement and as in County of Rockland Resolution 19-2019, for the period of time from the date the agreement is fully executed by all parties through January 31, 2024, with automatic renewals unless terminated in writing by any party to the agreement, and hereby authorizes the Supervisor or his designee to execute the Agreement on behalf of the Town of Orangetown, subject to review and approval of the Town Attorney.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 272                                          RECEIVE AND FILE / INDEPENDENT AUDITOR’S REPORT & STATEMENT OF CASH RECEIPTS / JUSTICE COURT

 

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

 

RESOLVED, that upon recommendation of the Justice Court Clerk, the Independent Auditor’s Report and Statement of Cash Receipts, Cash Disbursements and Cash Balances for the year ended December 31, 2018, from PKF O’Connor Davies, LLP, is hereby received and filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 273                                          SETTLEMENT / NOTICE OF CLAIM YONKERS CONTRACTING COMPANY INC. / TAPPAN ZEE CONTRACTORS

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari and 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, Yonkers Contracting Company, Inc. caused damage to Town owned sanitary sewer pipes of the Town of Orangetown, which service properties in South Nyack, and

 

WHEREAS, as referenced in Town Board Resolution 2019-189 the amount of damages and claims as against the Town and costs incurred by the Town as a result of the damage has been determined by DEME to be $92,256.58, consisting of damage to nearby property owners for which they have made claim against the Town, and direct damages suffered by the Town for work performed as a result of the work of Yonkers Contracting Company, Inc. as part of its work on behalf of the State of New York and New York State Thruway Authority, and

 

WHEREAS, the Town has incurred costs related to repairs necessary as a result of this incident in the amount of $43,249.82 to be paid to Environmental Construction, Inc. and

 

WHEREAS, the Town has received and been served with a Notice of Claim from nearby property owner Tappan Zee Constructors, Inc. in the amount of $9,556.90 for damages as a result of the work performed, and

 

RESOLUTION NO. 273 – Continued

 

WHEREAS, the Town has incurred costs associated with work related to the damage to the Town sewer pipes in the amount of $82,699.68, and

 

WHEREAS, Yonkers Contracting Company, Inc. has agreed to pay to the Town the full cost for damages incurred by the Town and for which the Town would otherwise be liable,

 

NOW THEREFORE BE IT RESOLVED, that the Supervisor is hereby authorized pursuant to Town Law §65 to accept from Yonkers Contracting Company Inc. the sum of $92,256.58 in full and final settlement of the damages caused by their work at the subject site, including indemnification of the claim against the Town by Tappan Zee Contractors, Inc., and

 

BE IT FURTHER RESOLVED, that the claim by Tapan Zee Contractors, Inc. in the amount of $9,556.90 shall be settled and paid by the Town from the sums set forth above, and

 

BE IT FURTHER RESOLVED, 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 Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 274                                          NOMINATE / DONALD GABEL III / POLICE OFFICER / RESIDENT

 

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, nominate Donald Gabel III, from the Rockland County Civil Service nominating list #69-233/16097, to the position of “Police Officer/Resident of the Town of Orangetown” with his permanent appointment contingent upon his successful completion of the remaining phases of the Rockland County Civil Service testing process, and a background investigation.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 275                                          LEND ASSISTANCE / 2019 TAPPAN MEMORIAL DAY PARADE

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways & Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which includes the use of barricades & the message board from the Highway Department and (2) Auxiliary Police Officers from OPD, for the Tappan Memorial Day Parade, to be held on Monday, May 27th, 2019, from 10am – 1 pm.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 276                                          LEND ASSISTANCE / 2019 SOLACE ROCKLAND WALK ORANGEBURG

 

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

 

 

RESOLUTION NO. 276 – Continued

 

RESOLVED, upon the recommendation from the Superintendent of Highways & the Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which includes the use of barricades & cones from the Highway Department and Police detail from OPD, for the Solace Walk in Orangeburg, to be held on Saturday, June 1, 2019, from 4:30 am – 7 am.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 277                                          AUTHORIZE / SUPPLEMENTAL AGREEMENT #1 / NYS DOT / PIN 8780.54 NORTH MIDDLETOWN ROAD PEDESTRIAN LINK TO PEARL RIVER BUSINESS DISTRICT

 

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

 

WHEREAS, authorizing the implementation, and funding in the first instance 100% of the federal-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore; and

 

WHEREAS, a Project for the North Middletown Road Pedestrian Link to Pearl River Business District in the Town of Orangetown, Rockland County, PIN 8780.54 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 75% Federal funds and 25% non-federal funds; and

 

WHEREAS, the Town of Orangetown desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of construction and construction inspection;

 

WHEREAS, the Orangetown Town Board duly convened upon this matter;

 

NOW THEREFORE BET IT RESOLVED, that the Orangetown Town Board hereby approves the above-subject project; and

 

BE IT FURTHER RESOLVED, that the Orangetown Town Board hereby authorizes the Town of Orangetown to pay in the first instance 100% of the federal and non-federal share of the cost of construction and construction inspection work for the Project or portions thereof; and

 

BE IT FURTHER RESOLVED, the sum of $2,223,145 is hereby appropriated from H.5110.200.99, and made available to cover the cost of participation in the above phase of the Project; and it is further

 

BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, 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

 

BE IT FURTHER RESOLVED, that the Supervisor of the Town of Orangetown be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Town of Orangetown with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further

 

BE IT FURTHER RESOLVED, that in addition to the Supervisor, the following municipal titles:  Highway Superintendent, Commissioner of DEME, Director of Finance, are

RESOLUTION NO. 277 – Continued

 

also hereby authorized to execute any necessary Agreements or certifications on behalf of the Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement;

 

BE IT 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

 

BE IT FURTHER RESOLVED, this resolution shall take effect immediately.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 278                                          DECLARE SURPLUS EQUIPMENT / HIGHWAY

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, approve for surplus the following equipment:

 

#TD% 2004 Peterson Dump Trailer – VIN#1P9T018244131402

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 279                                          APPROVE / CONTRACT / ROAD PAVEMENT MONITORING & ASSESSMENT / ROADBOTICS

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, award the bid proposal for Road Pavement Monitoring & Assessment to RoadBotics, Pittsburgh, PA, the lowest qualified bidder, in the amount of $7,000.00, to be charged to Account # D.5110.457.04

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 280                                          LEND ASSISTANCE / 2019 NYACK CHAMBER OF COMMERCE HALLOWEEN PARADE

 

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

 

RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board use of the Showmobile at a rental cost of $400.00 by the Nyack Chamber of Commerce for their Halloween Parade, Saturday, October 26, 2019, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 281                                          LEND ASSISTANCE / 2019 ROCKLAND-BERGEN MUSIC FESTIVAL

 

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

 

RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board use of the Showmobile at a rental cost of $400.00 by Joe D’Urso & the Rockland-Bergen Music Festival Committee for their Rockland-Bergen Music Festival, Saturday, June 23 & Sunday, June 24, 2019, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 282                                          APPOINT / ROBERT GERARD PERMANENT / MAINTENANCE SUPERVISOR (GROUNDS)

 

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

 

RESOLVED, appoint Robert Gerard to the position of Maintenance Supervisor (Grounds), permanent from RC list #19018, effective May 22, 2019, no change in salary.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 283                                          APPOINT / KEVIN CONKLIN / GROUNDSWORKER / PARKS AND RECREATION

 

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, appoint Kevin Conklin to the position of Groundsworker, Grade 9, Step 1 at a salary of $55,312.00, effective May 22, 2019.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 284                                          APPROVE / CHANGE ORDER / BLUE HILL GOLF COURSE POND RENOVATION PROJECT

 

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

 

WHEREAS, pursuant to Town Board Resolution 2019-113, the Town awarded a bid for the 2019 Blue Hill Golf Course Pond Renovation Project to DLG Contracting, the lowest qualified bidder, in an amount not to exceed $88,500.00, and

 

WHEREAS, DLG Contracting has started work on the project and suggested changes to the project scope and cost based upon its work to date in the amount of $12,000.00, and

 

WHEREAS, the Town Superintendent of Parks and Recreation, as well as Applied Golf, the operator of Blue Hill Golf Course, have met with DLG and agree that certain changes to the original project are necessary and justified, in order to bring the project to a successful completion; and

 

 

RESOLUTION NO. 284 – Continued

 

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

 

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 Pond Renovation project contract with DLG Contracting as per contract, an amount not to exceed $12,000.00.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 285                                          APPROVE / USE OF ABANDONED TRAIN TRACKS ALONG JBC TRAIL PIERMONT HISTORICAL SOCIETY

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Parks & Recreation grant permission to the Piermont Historical Society to utilize abandoned train tracks along the JBC trail as part of the historical exhibits approved in Town Board Resolution # 2019-114.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 286                                          APPOINT / MICHAEL WEBER CHIEF OPERATOR, GRADE 3 (WASTEWATER) / PERMANENT

 

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

 

RESOLVED, appoint Michael Weber to the position of Chief Operator, Grade 3 (Wastewater), permanent, from RC EL#19022, effective May 22, 2019, no change in salary.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 287                                          ACCEPT RESIGNATION / COLLEEN MORIARTY / ORANGETOWN MUSEUM

 

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

 

RESOLVED, accept with regret the resignation of Colleen Moriarty, Curator at the Orangetown Museum, effective May 29, 2019.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 288                                          APPROVE / 2018 BUDGET ADJUSTMENTS

 

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

RESOLUTION NO. 288 – Continued

 

RESOLVED, that upon the recommendation of the Director of Finance, the Town Board hereby authorizes the adjustments to the 2018 budget listed hereto (Exhibit 05-B-19).

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 289                                          PILOT AGREEMENT / 8 OLYMPIC DRIVE, ORANGEBURG / SQ PROPERTIES, LLC / DIVERSIFIED GLASS & STOREFRONTS, INC.  TAX YEARS 2020-2030

 

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, the Supervisor is hereby authorized to execute a Payment in Lieu of Taxes Agreement (“PILOT”), between and among the Town of Orangetown, SQ Properties, LLC, Diversified Glass & Storefronts, Inc., the Pearl River School District, the County of Rockland and the County of Rockland Industrial Development Agency, relating to real property known as 8 Olympic Drive, Orangeburg, NY (Tax Map designation Section 73.15 Block 1 Lot 16), commencing with the 2020 tax assessment roll through and including the 2030 tax assessment roll as set forth more fully in the agreement.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 290                                          TAX CERTIORARI SETTLEMENT API INDUSTRIES/ 70.18-2-15 AND 70.18-2-16./1 / 4-10 GLENSHAW STREET, ORANGEBURG / TAX ASSESSMENT YEAR 2018

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari and 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 API Industries, Inc. v. Orangetown Town of, et al., Tax Map designation 70.18-2-15 and 70.18-2-16./1 (4-10 Glenshaw Street), for the tax assessment year 2018, for a total refund by the County of $1,219.00, a total refund by the Town of $3,948.00 and a total refund by the School District of $11,750.00. 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.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 291                                                      PAY VOUCHERS

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari and 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 three (3) warrants for a total of $1,975,559.28.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 292                                          ENTER EXECUTIVE SESSION PERSONNEL MATTERS/LITIGATION

 

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

 

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 personnel matters and litigation.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 293                                          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 William Neyen, Brother of Town Employee Bob Neyen; Thomas Goldrick, former Rockland County Sheriff (1982-1991) and Jennie (Bunny) Dizzine Jackson, Sparkill.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

 

 

_________________________________

                                                                                                Rosanna Sfraga, Town Clerk