Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, JUNE 18, 2019

 

This meeting was opened at 7:21 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:

Michael Lawler, Deputy Supervisor

Amanda Hyland, Supervisor’s Confidential Assistant

Greg Garvey, Coordinator Economic Development / Filming

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

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

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

Matthew Lenihan, Computer Network Specialist

 

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

 

ANNOUNCEMENTS :

 

Happy Birthday to Esta Baitler.

 

The Town of Orangetown and the Pearl River Chamber of Commerce will be sponsoring its first seasonal Pearl River Farmer’s Market / Open to the Public, every Sunday, from 10 a.m. to 3 p.m. / beginning May 19^th continuing through November 24^, 2019.  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.

 

Aluf will be appearing before the ZBA at 8pm tomorrow night (6/19) for a public hearing related to their performance standards.  The ZBA has elected to hold the meeting at Greenbush Auditorium.

 

Councilman Troy – The candle light procession for Paula Bohovesky had an amazing turnout.  The purpose of this procession was to honor the 16 year-old memory of Paula; and to help convince Governor Andrew Cuomo to block the already-granted parole of Richard LaBarbera and prevent Robert McCain from being granted parole.

 

DISCUSSION:

Supervisor Day spoke about the Inter Municipal agreement with Hi-Tor Animal Care Center and the letter he sent to the Rockland County Legislature.  Some of his caveats with the agreement are the proposed stray cat policy; the violations the facility has received from the NYS Agriculture & Markets; concerns whether the facility can be run properly; the turn away of animals when the facility is full and the new facility not having space for cats.

 

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

 

RESOLUTION NO. 322                                          OPEN PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:      Councilpersons Diviny, Valentine, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

Summary of Public Comments:

Esta Baitler, Sparkill, support Camp Venture at their golf tournament, which is being held at the New York Country Club.

Eileen Larkin, Palisades, spoke about the email she sent to Senator Carlucci.  The email states her dissatisfaction with Albany voting in the middle of the night, legalizing marijuana, issuing driver’s licenses to illegal immigrants and many of Governor Cuomo’s decisions.

 

RESOLUTION NO. 323                                          CLOSE PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:      Councilpersons Diviny, Valentine, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 324                                          2019 -2020 SRO AGREEMENT RENEWAL / SOUTH ORANGETOWN CENTRAL SCHOOL DISTRICT (SOCSD)

 

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

 

WHEREAS, pursuant to Town Board Resolution 2018-440 and Section 119-0 of the General Municipal Law, the Town of Orangetown entered into an agreement with the South Orangetown Central School District (SOCSD) whereby the Town Police Department would assign a School Resource Officer (SRO) to the SOCSD for the 2018-19 school year, and

 

WHEREAS, the term of the agreement, the parties may renew the agreement on an annual basis, pursuant to the terms of reimbursement as set forth therein, and

 

WHEREAS, the Town has received a letter from the indicating that they wish to renew the agreement in accordance with the renewal terms thereof,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby agrees to renew the SRO Agreement with the SOCSD, originally authorized pursuant to Town Board authorizes the Town to enter into an agreement with the SOCSD, for the 2019-2020 school year, under the terms and conditions as set forth in the agreement, and the SOSCD shall reimburse the Town in accordance with the terms of the agreement.

 

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Supervisor or his designee to execute any documents necessary to effectuate the terms of this resolution, and

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Chief of Police or his designee to execute any documents necessary to effectuate the terms of this resolution on behalf of the Police Department and to administer same on behalf of the Town and the Town Police Department.

Ayes:      Councilpersons Valentine, Troy, Diviny

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 325                                          2019 – 2020 SRO AGREEMENT RENEWAL / PEARL RIVER SCHOOL DISTRICT (PRSD)

 

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

WHEREAS, pursuant to Town Board Resolution 2018-440 and Section 119-0 of the General Municipal Law, the Town of Orangetown entered into an agreement with the Pearl River School District (PRSD) whereby the Town Police Department would assign a School Resource Officer (SRO) to the PRSD for the 2018-19 school year, and

WHEREAS, the term of the agreement, the parties may renew the agreement on an annual basis, pursuant to the terms of reimbursement as set forth therein, and

WHEREAS, the Town has received a letter from the PRSD indicating that they wish to renew the agreement in accordance with the renewal terms thereof,

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby agrees to renew the SRO Agreement with the PRSD, originally authorized pursuant to Town Board authorizes the Town to enter into an agreement with the PRSD, for the 2019-2020 school year, under the terms and conditions as set forth in the agreement, and the PRSD shall reimburse the Town in accordance with the terms of the agreement.

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Supervisor or his designee to execute any documents necessary to effectuate the terms of this resolution, and

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Chief of Police or his designee to execute any documents necessary to effectuate the terms of this resolution on behalf of the Police Department and to administer same on behalf of the Town and the Town Police Department.

Ayes:      Councilpersons Troy, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

RESOLUTION NO. 326                                          AMEND RESOLUTION NO. 192 of 2019 ORANGETOWN PROCUREMENT POLICY / SECTION 2

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

WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to update the list of individual(s) responsible for purchasing and their respective titles biennially;

RESOLVED, that the Town Board hereby amends Section 2 of the Procurement Policy of the Town of Orangetown to reflect the names of “Responsible Officers and Officials” by removing Kevin Nulty, Chief of Police, and Donald Butterworth, Captain, Police Department from the list; and by the adding Donald Butterworth, Chief of Police; Michael Shannon, Captain, Police Department; and Michael Weber, Chief Operator Grade 3 Wastewater/Deputy Commissioner, DEME.

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 327                                          ADOPT–A–SPOT COMMITTEE  SECOND NATURE LAWN CARE  LANDSCAPE IMPROVEMENTS TO MIDDLETOWN RD. & STATE RT. 304, PEARL RIVER

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

RESOLVED, upon acceptance of the applicant’s insurance documentation naming the Town as additional 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 Second Nature Lawn Care as part of the Adopt-A-Spot Committee to contribute toward the maintenance of more attractive he land adjacent to the intersection of the on ramp from southbound Route 304 onto Middletown Road by performing necessary clean-up and / or desired improvements/beautification activities, as particularly set forth in and pursuant to the terms and conditions of the Town of Orangetown Adopt-A-Spot Agreement between the Town of Orangetown and the Adopt-A-Spot Committee, dated April 1, 2019.

Ayes:      Councilpersons Valentine, Troy, Diviny

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

RESOLUTION NO. 328                                          INTRODUCE VOLUNTARY ORANGETOWN EMPLOYEE RETIREMENT INCENTIVE PROGRAM / CALENDAR YEAR 2019

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

WHEREAS, The Town of Orangetown (hereinafter the “Town”) has offered a voluntary Retirement Incentive Program (hereinafter the “Program”) to eligible employees to either participate in the Program and retire, subject to the conditions of the Program, or not to participate and continue to work; and

WHEREAS, Employees eligible to participate in the Program are full time, active employees of the Town, excluding all elected officials and Town Police Officers and who are or will be eligible to retire on or before December 31, 2019 based on a service retirement under their respective tiers of the New York State Retirement System and have completed 10 or more years of continuous service; and

WHEREAS, the Town reserves the right to limit the eligibility to the first five (5) employees who elect to participate in the Program, to allow more than five (5) employees to elect to participate in the Program in its sole and exclusive discretion; and

WHEREAS, as a Program participant, the employee will be eligible to receive

$1,000 for each completed year of continuous full-time service with the Town as of the effective date of his/her retirement, less applicable taxes and withholding, up to a maximum of 30 years of continuous full-time service with the Town or $30,000; and

WHEREAS, eligible employees shall not receive any payment under this Retirement Incentive for periods of employment with other employers and must comply with the Program Conditions described in the Retirement Incentive Program; now, therefore,

BE IT RESOLVED, that to be eligible to receive the Retirement Incentive, the employee must complete the Retirement Incentive Election Form by August 1, 2019 and must retire after November 30, 2019, but no later than close of business on December 31, 2019 and must execute a valid and enforceable release of claims against the Town in connection with his/her employment in the form of a Stipulation of Agreement and General Release;

BE IT FURTHER RESOLVED, that the Town reserves the right to change or discontinue the Program, in whole or in part, at any time, in its sole and exclusive discretion and does not promise or guarantee that this Program or any similar Program will be offered in the future; and

BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to execute any documents necessary to implement this Program.

Ayes:      Councilpersons Valentine, Troy, Diviny

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

RESOLUTION NO. 329                                          2019 CERTIFICATE OF SEWER REGISTRATION

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

Cioffi 1, Inc., 27 Skyline Drive, Thiells, NY 10984, Tel.: 845-429-7711

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 330                                          APPOINT / MARY ANSELMI ADMINISTRATIVE SECRETARY I PERMANENT / POLICE DEPT

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

RESOLVED, appoint Mary Anselmi to the position of Administrative Secretary I. permanent, from Rockland County EL #19019 (PROM), effective June 19, 2019, no change in salary.

Ayes:      Councilpersons Valentine, Troy, Diviny

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

RESOLUTION NO. 331                                          LEND ASSISTANCE / TAPPAN FD OPEN HOUSE / USE OF MESSAGE BOARD

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

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes the Town of Orangetown to allow the use of sign message board for the Tappan FD Open House on Saturday, June 22, 2019.

Ayes:      Councilpersons Diviny, Valentine, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 332                                          LEND ASSISTANCE / 2019 BIKE MS NEW YORK CITY / VARIOUS ROADS IN TOWN OF ORANGETOWN

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

RESOLVED, upon the recommendation from the Superintendent of Highways, Superintendent of Parks/Recreation & Chief of Police, that the Town Board hereby authorizes the Town of Orangetown to allow the use of roadways in the Town of Orangetown, for the annual Bike MS ride to be held on Sunday, October 20, 2019, from 7 am to 5 pm.

Ayes:      Councilpersons Troy, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 333                                          CHANGE ORDER #1 / CONTRACT NO. DEME-53G-2018 / TOTAL RESIDUAL CHLORINE REDUCTION / JETT INDUSTRIES INC.

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

RESOLVED, that upon the recommendation of the Commissioner of DEME, approve Change Order #1 to Contract No. DEME-53G-2018, Jett Industries Inc., in the amount of $108,864.00. This represents the cost of additional general contract work associated with automating the sodium hypochlorite disinfection system at the Wastewater Treatment Plant. Amended design drawings and specifications were prepared by GHD Engineers as per prior 2/12/19 RTBM Resolution. Original Contract Price: $416,900.00; Revised Contract Price: $525,764.00.

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 334                                          CHANGE ORDER #1 / CONTRACT NO. DEME-53E-2018 / TOTAL RESIDUAL CHLORINE REDUCTION  FANSHAWE INC.

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

RESOLVED, that upon the recommendation of the Commissioner of DEME, approve Change Order #1 to Contract No. DEME-53E-2018, Fanshawe Inc., in the amount of $11,669.00. This represents the cost of additional electrical contract work associated with automating the sodium hypochlorite disinfection system at the Wastewater Treatment Plant. Amended design drawings and specifications were prepared by GHD Engineers as per prior 2/12/19 RTBM Resolution. Original Contract Price: $84,000.00; Revised Contract Price: $95,669.00.

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

RESOLUTION NO. 335                                          ADOPT / POLICE REGULATION / SIX MONTH / NEW “STOP” SIGN  INDEPENDENCE AVENUE APPROACHING INTERSECTION AT LOWE LANE, TAPPAN

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

RESOLVED, upon the recommendation of the Traffic Advisory Board, that the following six month Police Regulation be approved: STOP SIGN, be added along Independence Avenue in the hamlet of Tappan for Northbound traffic, on the SE corner approaching the intersection where Independence Avenue meets Lowe Lane; and

BE IT FURTHER RESOLVED, that the Orangetown Highway Department is authorized to make this change.

Ayes:      Councilperson Valentine, Supervisor Day

Councilpersons Diviny, Troy

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 336                                          PAY VOUCHERS

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine 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 two (2) warrants for a total of $533,651.52.

Ayes:      Councilpersons Diviny, Valentine, Troy

Supervisor Day

Noes:      None

Absent:  Councilman Bottari

 

RESOLUTION NO. 337                                          OPEN CONTINUATION OF PH  PROPOSED ZONE CHANGE 568, 570, 572, 574, 576, 578 and 580 ROUTE 303, BLAUVELT, NY (70.14-4-13-17, 19)  “LO” (Laboratory Office District) TO “CC” (Retail Commerce)

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

Supervisor Day

Noes:          None

Abstained:  Councilman Valentine

Absent:       Councilman Bottari

 

RESOLUTION NO. 338                                          ADJOURN PH / PROPOSED ZONE CHANGE / 568, 570, 572, 574, 576, 578 and 580 ROUTE 303, BLAUVELT, NY (70.14-4-13-17, 19) / “LO” (Laboratory Office District) TO “CC” (Retail Commerce)

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

RESOLVED, that the public hearing is hereby adjourned to July 23, 2019 at 8:15 p.m.; and

BE IT FURTHER RESOLVED, that the Town Clerk shall circulate the Amended Petition to the Orangetown Planning Board, Rockland County Department of Planning, Rockland County Highway Department, Rockland County Drainage Agency, New York State Department of Transportation, and any other agencies as may be required.

Ayes:          Councilpersons Diviny, Troy

Supervisor Day

Noes:          None

Abstained:  Councilman Valentine

Absent:       Councilman Bottari

 

RESOLUTION NO. 339                                          ENTER EXECUTIVE SESSION PERSONNEL MATTERS/CONTRACTS

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy, Diviny and Valentine, 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 8:06 p.m. the Town Board entered Executive Session to discuss personnel matters and contracts.

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine

Noes:      None

Absent:   Councilman Bottari

 

RESOLUTION NO. 340                                          RE-ENTER RTBM / ADJOURNED  MEMORY

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

RESOLVED, at 8:33 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Charles Louis Behrens, Resident of Blauvelt for 40 years and Father of Town Employee, Justine Favre of DEME; Jeanne Goldstein, former Assistant to Orangetown Town Supervisor and former Chairperson in Orangetown Democratic Committee ; Sheila Hussey, Resident of Pearl River and Owner of the Irish Cottage for many years and Tim O’Keefe, Former Employee of Nissan of West Nyack.

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine

Noes:      None

Absent:  Councilman Bottari

 

_________________________________

                 Rosanna Sfraga, Town Clerk