Meeting Overview

 

TOWN OF ORANGETOWN

POLICE COMMISSION / REGULAR TOWN BOARD MEETING

TUESDAY, JULY 9, 2019

 

This meeting was opened at 7:02 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:

Michael Lawler, Deputy Supervisor

Greg Garvey, Coordinator Economic Development / Filming

Rosanna Sfraga, Town Clerk

Robert Magrino, Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

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

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

Donald Butterworth, Police Captain

James Brown, Police Captain

Michael Shannon, Police Captain

 

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

 

 

RESOLUTION NO. 341                                          ENTER POLICE COMMISSION HOPE NOT HANDCUFFS PRESENTATION

 

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

 

RESOLVED, the Town Board entered the Police Commission meeting for a “Hope Not Handcuffs” presentation.

 

Ayes:      Supervisor Day

Councilpersons Bottari, Troy, Diviny, Valentine

Noes:      None

 

 

RESOLUTION NO. 342                                          ENTER EXECUTIVE SESSION PROPOSED TOWN HALL

 

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

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

RESOLVED, at 7:32 pm, the Town Board entered Executive Session to discuss the proposed Town Hall.

Ayes:      Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 343                                          ENTER WORKSHOP/RTBM

 

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

RESOLVED, at 7:43 pm, the Town Board entered the Workshop/Regular Town Board Meeting.

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

ANNOUNCEMENTS:

July 23, 2019 – Public Hearing / Proposed zone change for vacant property located at the corner of Manor Blvd and 268 North Middletown Road, Pearl River from “CS” Community Shopping to “R-15” Residential Zoning (George Alatsas).

July 23, 2019 – Continue Public Hearing / Proposed zone change for 576 Route 303 and adjoining properties, from “LO” Laboratory Office District to “CC” Retail Commerce (Bieber).

Pearl River Farmer’s Market, sponsored by the Town of Orangetown and the Pearl River Chamber of Commerce.  Open every Sunday, from 10 am to 3 pm, through November 24^th.  The stretch of North William Street (between Washington Ave and Central Ave) will be blocked off and closed to vehicular traffic, during the hours of 7:00 am through 4pm each Sunday.  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.

PRESENTATIONS:

The Town Board presented Certificates of Recognition to Ciara Durcan and her coach, Shannon Flood.  Ciara is the 3000 Meter Racewalk National High School Champion (Pearl River High School).

Nicholas DeSantis and Robert Daniele, PKF O’Connor Davies, presented their findings with regards to the audit of the Comprehensive Annual Financial Report, Fiscal Year Ended December 31, 2018, (filed and can be viewed in the Town Clerk’s Office).

Marcia Schiffman, Maser Consulting, spoke about the proposed Pearl River Transit Oriented Development (TOD) Ordinance, Zoning Map and Design Guidelines (filed and can be reviewed in the Town Clerk’s Office).

Donald Brenner, Attorney for the Petitioner, presented the Petition of  Ryerson Farms, LLC, for an amendment to the zoning, from “LO” and “R40”  to “MFR” for property located on the east side of Route 303, Blauvelt (65.15 – 1 -1).

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

RESOLUTION NO. 344                                          OPEN PUBLIC COMMENT PORTION

 

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

RESOLVED, that the public portion is hereby opened.

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Summary of Public Comments:

Esta Baitler, Sparkill, commented that she is very upset that Gov. Cuomo released Richard LaBarbara from prison.

Elayne Armaniaco, Fran Oldenburger, Deanna Lamhut, Victor Armaniaco and Joseph Levine, residents of Blauvelt and members of Greenbush Neighborhood Coalition, reminded the Town Board that 636 Greenbush Rd, Blauvelt, cannot be developed.  According to the Town’s Comprehensive Master Plan (3/2006), this open space is protected; dinosaur fossils have been found there and it is extremely valuable to the State (Dr. Ed Landing, NYS Paleontologist, NYS Museum).  A dinosaur track study was done by Paul Olsen, Consulting Geologist and Paleontologist, in 2008.

Mike Mandel, Pearl River, asked what has Brown & Weinraub, our lobbyist done; and what savings has the Town received with Appliedgolf operating the golf courses.

Eileen Larkin, Palisades, spoke about many problems with Cablevision (Optimun) and requested their contract be reviewed.

RESOLUTION NO. 345                                          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, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 346                                          AWARD BID / ARCHITECTURAL ENGINEERING AND SPACE PLANNING SERVICES ORANGETOWN TOWN HALL

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

WHEREAS,  pursuant to Town Board Resolution No. 743 of 2018,  the Town Board authorized the Town Clerk to issue a Request for Proposal (RFP) for Architectural Engineering and Space Planning Services, for the purpose of receiving bids to provide design plans and  consultation for a proposed Town Hall, subject to final approval of appropriate Town department heads, and

WHEREAS, the Town Clerk received said proposals which were publicly opened on, and May 1, 2019;

WHEREAS,  the Town Board and relevant Department Heads have  thoroughly reviewed the proposals and have  met with certain proposers to further evaluate their proposals and interview prospective providers; and

WHEREAS, funding is pending the issuance of capital bonding; and

WHEREAS, such services are for professional services and not subject to the competitive bidding requirements of NY General Municipal Law §103,

NOW, THEREFORE, BE IT RESOLVED,  that the Town Board has determined that Lothrop Associates has provided the best and most desired proposal and the most cost efficient proposal and hereby agrees to accept the proposal from Lothrop Associates, dated May 1, 2019, respective of the amendments/modifications to the original proposal outlined, dated June 24, 2019, to provide Architectural Engineering and Space Planning Services to provide design plans and consultation for the proposed Orangetown Town Hall Building at a total cost of $749,000 in expenses, and

BE IT FURTHER RESOLVED, that the Supervisor and/or Director of OBZPAE is authorized to execute the agreement as necessary to effectuate this resolution, upon approval by the Town Attorney’s Office.

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 347                                          ADOPT TOWN OF ORANGETOWN COMPLETE STREETS POLICY

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

WHEREAS, Complete Streets are streets that provide safe, comfortable, and convenient access for users of all abilities and  all modes including pedestrians, bicyclists, motorists, and transit riders; and

WHEREAS, the Town of Orangetown Complete Streets vision is to encourage the development of a complete streets network throughout the Town of Orangetown to create a more balanced transportation system; and

WHEREAS, Complete Streets support economic development by helping to create a walkable, vibrant Town of Orangetown where businesses can thrive while also supporting livable neighborhoods; and

WHEREAS, the Complete Streets Program outlines an approach for an improved, transparent process to promoting shared access throughout the community; and

WHEREAS, the Complete Streets Program encourages incorporating complete streets design practices, to the extent feasible, as a  part of routine infrastructure planning, design, and maintenance for public and private projects; and

WHEREAS, the Complete Street program shall be consistent with and assist in achieving  the goals and recommendations set forth in the Town of Orangetown Comprehensive Plan and  other more recently adopted policy documents; and

WHEREAS,  New York State passed the complete streets law in 2011 that requires that complete streets design guidelines be considered for the planning, design, construction and reconstruction of roadways receiving federal and  state funding; and

WHEREAS, County Executive Day issued Executive Order  #2015-04 in August of 2015, “Complete Streets Initiative.” This Order states that the Rockland Complete Streets Interdepartmental Workgroup shall consider planning and design features” for all users of the County’s roadway network;

WHEREAS, the people of the Town of Orangetown have expressed strong support for Complete Streets;

NOW, THEREFORE BE IT RESOLVED that the Orangetown Town Board hereby adopts the Complete Streets Ordinance to enhance shared access within the Town of Orangetown and to improve quality of life for its residents; and

NOW, THEREFORE BE IT FURTHER RESOLVED that the Town of Orangetown Town Board  will strive to initiate the recommended action items in the immediate future, including the establishment of a Shared Access Advisory Board and a Complete Streets Checklist; and

FURTHER RESOLVED following adoption of this policy a certified copy of this resolution be delivered to the following parties: Orangetown Planning Board, Orangetown Project Review Committee, Rockland County Planning Board, and the Rockland County Health Department (Melissa Jacobs).

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 348                                          ACCEPT RESIGNATION OF BLYTHE YOST / MEMBER / ORANGETOWN  PLANNING BOARD

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

RESOLVED,  that the Town Board accepts with regret, the resignation of Blythe Yost, as Member  of the Orangetown Planning Board,  effective June 11, 2019.

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 349                                          APPROVE / RENEWAL AGREEMENT 2019-2020 / BROWN & WEINRAUB  LEGISLATIVE AND REGULATORY REPRESENTATION (LOBBYIST)

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

WHEREAS, pursuant to Town Board Resolution  2017-358, the Town approved an Agreement for Government Relations with Brown and Weinraub, PLLC to provide legislative and regulatory representation for a monthly fee of $4,000.00; and

WHEREAS, the term of said agreement has expired and Brown  and Weinrub, LLC has proposed an agreement to continue to provide representation on behalf of the Town  of Orangetown for legislative and regulatory representation for the period of August 1, 2019 through  July 31, 2020 at a monthly fee of $4,000.00 per month;

NOW THEREFORE BE IT RESOLVED, that upon recommendation of the Supervisor and the Town Attorney, the Town Board does hereby accept the proposal from Brown and Weinraub, PLLC to provide legislative and regulatory representation to the Town with the firm Brown and Weinraub, PLLC for the period of August 1, 2019 through July 31, 2020 at a monthly fee of $4,000.00 per month and the Supervisor or his designee is authorized to execute any and all documents necessary to effectuate said agreement.

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 350                                          RECOGNIZE TENANT / MARY MILLS / REPRESENTATIVE ORANGETOWN HOUSING AUTHORITY BOARD

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

RESOLVED, that Mary Mills is recognized as a tenant representative of the Orangetown Housing Authority Board, based on report of election results. She was elected for a 2-year term on July 1, 2019 and expires on June 30, 2021.

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 351                                            APPROVE INTERMUNICIPAL AGREEMENT / PEARL RIVER SCHOOL DISTRICT / EMERGENCY RECEPTION CENTER

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

WHEREAS,  the Town of Orangetown Police Department, Office of Emergency Management, seeks to identify and  provide for facilities throughout the Town to be available as Reception Centers for the general public in the event  a state of local emergency is declared under  Article 2-B of the New York Executive Law, and

WHEREAS,  pursuant to Section 119-0 of the General Municipal Law, the Town of Orangetown and Pearl River School District seek to enter  into an Intermunicipal Agreement in the form annexed hereto for the purposes of identifying such Reception Centers, under the terms and conditions as set forth more fully therein,

NOW THEREFORE, BE IT RESOLVED,  that the Town Board hereby agrees to enter  into an Intermunicipal Agreement for Emergency Reception Center with the Pearl River School District, under  the terms and  conditions as set forth more fully therein, and

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

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 352                                          AUTHORIZATION TO FILE NOTICE OF CLAIM AGAINST VILLAGE OF UPPER NYACK

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

WHEREAS,  on or about  December 16, 2018, the Town was notified by a resident of Upper Nyack of a sewer backup located at 221 Old Mountain Road, Upper Nyack, New York, and

WHEREAS, after investigation by DEME, it was determined that a contractor hired by the Village of Upper Nyack caused damage to a sanitary sewer pipe located in that area and which services the property of 221 Old Mountain Road, Upper Nyack, New York, which damage caused and/or contributed to a sewer back up at the subject location and

WHEREAS, a Notice of Claim has been filed by against the Town by the owner of the premises located at 221 Old Mountain Road, Upper  Nyack, New York for damages incurred as a result of the sewer back  up, and

WHEREAS, on or about May 7, 2019, the Town determined the cause of the backup was the result of the work performed by Intercounty Paving Associates, LLC on behalf of the Village of Upper  Nyack, and

WHEREAS, the Town does not and should have no liability for the damage, the amount of damages and claims as against the Town are for the approximate sum of $36,000.00,

NOW THEREFORE BE IT RESOLVED,  that the Supervisor is hereby authorized pursuant to Town Law §65 to pursue any actions necessary to seek reimbursement and/or  contribution for any costs or damages suffered by the Town as a result of the incident, including but not limited to as against Intercounty Paving Associates, LLC and/or the Village of Upper  Nyack, by filing a Notice of Claim, and pursuing further legal action as against the Village of Upper Nyack as may be necessary, and that the Supervisor or his designee is authorized to execute any and all legal documents in order to effectuate the enforcement of this resolution.

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 353                                          LEND ASSISTANCE / TRAUBENFEST

Councilman Bottari offered the following resolution, which was seconded by Councilman Valentine 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 Noble Ninth Inc for their Traubenfest, Sunday, October 6, 2019, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

RESOLUTION NO. 354                                          APPROVE / ACCEPT DONATION BRIGHTVIEW SENIOR LIVING SUMMER CONCERT SERIES

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine 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 to accept a gift of $1,000 as a donation to the Summer Concert Series on Friday, July 19, 2019 from Brightview Senior Living Lake Tappan.

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 355                                          APPROVE / RENEWAL / 2019 – 2020 HVAC MAINTENANCE AGREEMENT JOHNSON CONTROLS INC.

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

WHEREAS,  pursuant to Town Board resolution 2016-368 the Town entered into an agreement with Johnson Controls Inc, for HVAC and  Mechanical Services in Town Hall for the period of August 1, 2016  through  July 31, 2018,  which contained an option to extend the agreement under  the same terms and conditions and

WHEREAS,  pursuant to Town Board Resolution 2018-461, the Town Board approved extending the Agreement for a one year  term as provided for in the Agreement and Request for Proposals for the period of August 1, 2018 through  July 31, 2019 and

WHEREAS, the Town and Johnson Controls Inc. have mutually agreed to extend their current agreement for HVAC & Mechanical Services for the period of August 1, 2019 through July 31, 2020 as authorized by the existing agreement,

NOW THEREFORE BE IT RESOLVED,  upon the recommendation of the Superintendent of Parks and Recreation, authorize the extension of the previously approved Maintenance Agreement for HVAC & Mechanical Services in Town Hall with Johnson Controls Inc. of Hawthorne, NY under  the same terms and conditions, for the period August 1, 2019 through  July 31, 2020.

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 356                                          APPROVE / CHANGE ORDER #2 / BLUE HILL GOLF COURSE POND RENOVATION PROJECT

Councilman Troy offered the following resolution, which was seconded by Councilman Valentine 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 $3,750.00, 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

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 $3,750.00.00

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 357                                          APPOINT BENJAMIN GORCZYNSKI POLICE OFFICER / PERMANENT

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

RESOLVED, upon the recommendation of the Police Chief, appoint Benjamin Gorczynski to the position of Police Officer, permanent from RC EL#16097, effective July 10, 2019, no change in salary.

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 358                                          GRANT PERMISSION / DETECTIVE BRANDON MYERS / ATTENDANCE AT CRIMES AGAINST CHILDREN CONFERENCE

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

RESOLVED, that upon recommendation of the Chief of Police, approve Detective Brandon Myers to attend the Crimes Against Children Conference in Dallas Texas, August 12 – 15, 2019.  All travel and registration fees costing $530.00 will be reimbursed by Rockland County.

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 359                                          PAY VOUCHERS

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

RESOLVED, upon the recommendation of the Director of Finance Director, the Finance Office is hereby authorized to pay vouchers for a total amount of five (5) warrants for a total of $1,368,746.01.

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO.                                                 ENTER EXECUTIVE SESSION PERSONAL MATTERS / LAND SALE CONTRACTS

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

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

RESOLVED, at 10:00 pm, the Town Board entered Executive Session to discuss personnel matters, Land sale and contracts.

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

RESOLUTION NO. 361                                          RE-ENTER RTBM / ADJOURNED  MEMORY

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

RESOLVED, at 10:25 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Charles Cremeans, Pearl River; Noreen T. Hanson, Orangeburg; Thomas S. Hogan, Sr., Tappan; Andrew J. McDonagh, Pearl River; Edward  “Ted” McLean,  Pearl River; Cormac Murrihy, West Nyack; Noreen Quinn, Tappan; and Harry Toop, Pearl River and father-in-law of our Town Attorney, Robert Magrino.

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

_________________________________

     Rosanna Sfraga, Town Clerk