Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, SEPTEMBER 17, 2019

 

This meeting was opened at 7:30 p.m.  Supervisor Day presided and Rosanna Sfraga, Town Clerk, called the roll.  Present were:

 

Councilman Thomas Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

Supervisor Christopher Day

 

Absent:                        Councilman Denis Troy

 

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

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:

 

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.

 

Tappan Players at the Barn, a local theater group that performs in the Manse Barn, 32 Old Tappan Road, Tappan, NY is opening this weekend. This year’s production is a hysterical comedy called “Twentieth Century” and the  shows are  Saturdays (Sept.21, 28 and Oct 5th) at 8:00  P.M. and Sundays (Sept. 22nd, 29th  and Oct  6th) at 3:00 P.M. for the  next three (3) weekends. General Admission is $18.00; Seniors and Children under 12 are $10.00

 

On September 21, 2019 the World, through the United Nations, will celebrate “The International Day of Peace”. To commemorate that event the Pearl River Rotary Club will unveil the first ever Peace Pole in the Town of Orangetown at the Veterans Memorial Park at 9AM on Friday, September 20th.

 

September 22, 2019 (Sunday) from 11 a.m. – 2 p.m.  – 22nd Annual Orangetown Police Department’s OPEN HOUSE (Chief Butterworth – All Are Welcome and hope to see you all this Sunday!) The wreath laying in honor of our fallen officers will take place at 1:00 P.M. in the main lobby by the Police Department / New Court Room

 

Saturday, September 28, 2019,  35th  Annual COLONIAL DAY Celebration, presented by the  Tappantown Historical Society, 12 noon to 5 pm  at The DeWint  Grounds, Oak Tree  Road and Livingston Street, Tappan. Free Admission (Revolutionary Solders, colonial bagpipers, sheep shearer, bee keeper, lace makers, quilters, wood carvers, blacksmith, and butter-maker at work.  Children can see and pet live farm animals. Candle making and pressing apples for cider, and tour of the DeWint House.

 

Public Hearing / TBWS/RTBM of October 1, 2019 at 7:35 p.m.  / Proposed new code section to Establish a Community Choice Aggregation Program for Town of Orangetown

 

Public Hearing / TBWS/RTBM of October 1, 2019 at 7:40 p.m.  / Adopt NYS Unified Solar Permit

 

Public Hearing / TBWS/RTBM of October 1, 2019 at 7:45 p.m.  / Lot and Bulk Controls for PAC Developments

 

Public Hearing / TBWS/RTBM of October 1, 2019 at 7:50 p.m.  / Zoning Change Application / Ryerson Estates

 

October 19, 2019 (Saturday) from 8:00  A.M. – 12:00 P.M. – FREE Shredding Event at Orangetown Town  Hall held by the  Town  Clerk’s Office.  WE WILL ALSO BE ACCEPTING NON-PERISHABLE FOODS OR CASH DONATIONS FOR PEOPLE TO PEOPLE (local food pantry). No Businesses / Limit of Three (3) Boxes

 

Public Hearing / TBWS/RTBM of October 22, 2019 at 8:00 P.M. / 2020 One Year Contract  Blauvelt Fire Protection District

 

Public Hearing / TBWS/RTBM of October 22, 2019 at 8:10 P.M. / 2020 One Year Contract  Orangetown Library Districts (Blauvelt, Orangeburg, Tappan and Palisades)

 

Public Hearing / TBWS/RTBM of October 22, 2019 at 8:20 P.M. / 2020 Preliminary Budget

 

Public Hearing (Continuation) / TBWS/RTBM of November 12, 2019 at 8:00 P.M. / 2020 Preliminary Budget

 

Worn Flag Collection Box – next to the Camp Shanks Museum (behind the Orangeburg Library) to encourage community members to retire their tattered old American Flags in a respectful manner. It has been placed there courtesy of the Raymond W. DeMeola VFW Post 1615 of Blauvelt.

 

 

PRESENTATIONS:

 

Town Supervisor’s 2020 Budget Presentation

 

DISCUSSION: WORKSHOP OF AGENDA ITEMS

 

 

RESOLUTION NO. 479                                          OPEN PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

 

 

SUMMARY OF PUBLIC COMMENTS:

Esta Baitler, Sparkill, suggested the Town provide recreation services for people with disabilities.

Mike Mandel, Pearl River, said the Cherry Brook Park renovations are greatly appreciated.  He would like to see a Resolution banning use and sale of vaping products.

Rick Tannenbaum, Rockland County Business Journal, claims the buyers of HNA filed for bankruptcy.  Their financial investors pulled out.  He will keep the Town Board informed, regarding any actions taking place with this property.

Barbara Delo, Blauvelt, when it comes to the budget, priorities and basic services should be considered. Community involvement in contract negotiations is important.

 

 

RESOLUTION NO. 480                                          CLOSE PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 481                                          OPEN PH / PROPOSED ZONE CHANGE / 564, 566, 568, 570, 572, 574, 576, 578 ROUTE 303 (BIEBER)

 

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

 

RESOLVED, that the public hearing is hereby opened.

 

Ayes:      Councilpersons Diviny, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

Abstain:  Councilman Valentine

 

Robert Magrino, Town Attorney – the Town received a letter, from Frank Phillips, the attorney for the Petitioner, requesting an adjournment to October 22, 2019.

 

 

RESOLUTION NO. 482                                          CONTINUE PH / PROPOSED ZONE CHANGE / 564, 566, 568, 570, 572, 574, 576, 578 ROUTE 303 (BIEBER)

 

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

 

RESOLVED, that the public hearing is hereby continued to TBWS/RTBM October 22, 2019 at 7:50 P.M.

 

Ayes:      Councilpersons Diviny, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

Abstain:  Councilman Valentine

 

 

RESOLUTION NO. 483                                          RESCIND RESOLUTION NO. 409 of 2019 / SET DATE FOR PUBLIC HEARING FOR SEPTEMBER 17, 2019 / APPROVE PROPOSAL / 38 HORAN PLACE, TAPPAN

 

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

 

RESOLVED, that the Town Board hereby rescinds Resolution No. 409 of 2019.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 484                                          SET DATE / PH / APPROVE PROPERTY MAINTENANCE PROPOSAL / 38 HORAN PLACE, TAPPAN

 

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

 

WHEREAS, the property (38 Horan Place, Tappan) has been posted with a Violation Notice on 9/17/2019 which Notice advised that the property was in violation of Chapter 24C of the Town Code, a copy of which is incorporated by reference herein and included reference to tall grass/weeds, a vacant structure in disrepair, and an unregistered vehicle being stored at the premises, and

 

WHEREAS, said Notice provided the persons responsible for the property with an opportunity to cure the aforesaid violations, and said violations having not been cleared and continuing to date, and

 

WHEREAS, the Notice pursuant to Town Code  Section 24C-15  has been posted at the property  and  properly served on the responsible parties as required, which enables the Town Board to hold a public hearing to decide if the Town should have  the offending condition corrected and charge the cost to the property  owner,

 

NOW THEREFORE, BE IT RESOLVED, that a Public Hearing pursuant to Chapter 24C- 15 regarding having the Town remedy the conditions at 38 Horan Place, Tappan, and assess any expense incurred against the owner  of the property, is hereby scheduled for October 1, 2019  at 7:55 P.M.

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 485                                          OPEN PH / PROPOSED PEARL RIVER TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING ORDINANCE

 

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

 

RESOLVED, that the public hearing is hereby opened.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings; which are labeled Exhibit 09-C-19 and made a part of these minutes.

 

Supervisor Day explained that this hearing is one of many.  He gave a presentation of this proposed Pearl River Transit Oriented Development (TOD) Zoning Ordinance, explaining the goals and regulations.

 

SUMMARY OF COMMENTS:

Shirley G. Christie, Pearl River, likes the idea of residential rentals added above commercial space.  She suggested roof tops for green space and instead of an archway, some type of lighting signage.

Ann Lyens, Pearl River, disappointed that the presentation was not on-line until today.  Many neighbors did not receive notification.  She’s concerned about the edges of the zoning district.

Peter Torezan, Pearl River, did not receive any notification.  He asked if tax dollars are being spent on development.

John Frawley, Pearl River, looks good but questioned the parking.  The parking at the library is limited; street parking is taken by commuters; and there needs to be better protection of pedestrians, especially children.

Barbara Delo, Blauvelt, looks good but asked who is being targeted to live here.

Mary Dolan, Pearl River, believes this is not a good idea.  There is not enough trains, land to develop and parking.

Matthew Bases, Pearl River, this development is not viable for Pearl River.  He asked, if this is going to be low-income / Section 8 housing; who is paying for the additional children in the schools; and if there is going to be increased parking.

Pete O’Brien, Pearl River, asked if there is any commitment from NJ Transit, to increase the trains and up their game; and is there any one-way street proposals.  He spoke about the problems with parking near the library.

Angelo Raffa, Pearl River, in favor of this concept and glad to see revitalization moving forward.  He is hoping the buildings on Central Avenue will have a two to three setback.

Tina Traster, Rockland County Business Journal, asked what is the total number of residential units allowed; and what will happen with the industrial areas.

Patty White, Pearl River, asked if this new zoning includes the Hillside storage units’ property.

Mike Mandel, Pearl River, spoke that the height is too large, and about outdoor dining, increase in noise, parking and limiting the number of apartments.

Thom Kleiner, Sparkill, said this proposal/project is admirable.  Hopefully, NJ Transit will increase train service and up their game.  He asked, if the Pearl River School District made any comments.

Joanne Delorenzo, Pearl River, concerned about the overhead wires.

James Goldsack, Pearl River, asked what is being proposed for the edge of single-family homes.

Mary Geday, Pearl River, wants a green quiet residential town.  She is concerned for safety of residents.  This will increase young people living in the downtown areas, which could increase problems in the town.

Mindy Bartolotta, Pearl River, asked, what the additional tax income would be and if there are any tax incentives.

Robert Beretta – it is a solid market for people to move.  People would invest in Pearl River rather elsewhere.  He asked, if these would be only rentals.

 

RESOLUTION NO. 486                                          CONTINUE PH / PROPOSED PEARL RIVER TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING ORDINANCE

 

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

 

RESOLVED, that the public hearing is hereby continued to TBWS/RTBM, November 19, 2019 at 8:00 pm.

 

Ayes:      Councilpersons Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

RESOLUTION NO. 487                                          PEARL RIVER CHAMBER OF COMMERCE / PEARL RIVER DAY FESTIVAL / MEMBER BUSINESSES DISPENSE ALCOHOLIC BEVERAGES SUBJECT TO SLA LICENSING REQUIREMENTS

 

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

 

WHEREAS,  the Pearl River Chamber of Commerce has formally requested on behalf of the member businesses it represents, permission, pursuant to Town Code  Section 10-4(B)(1) to dispense alcoholic beverages on Town Property as part of their Pearl River Day Festival,

 

BE IT RESOLVED,  that subject to the requirements of the New York State Liquor Authority regulations (SLA), including a securing a proper  license therefrom, the Town of Orangetown Police Department, and to the execution of an agreement with the Town to provide proof of insurance and indemnification, the Town Board hereby grants permission to the businesses authorized under  the Pearl River Chamber of Commerce’s permit to dispense alcoholic beverages upon Town property  during the hours of 1 pm to 9 pm at the Pearl River Day Festival to be held on Saturday, October 12, 2019.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 488                                          ACCEPT RESIGNATION / CHIEF DONALD BUTTERWORTH  / OFFICE OF EMERGENCY MANAGEMENT COMMITTEE / 2019

 

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

 

RESOLVED,  that the Town Board hereby accepts the resignation of Chief Donald Butterworth  from the Office of Emergency Management Committee, effective September 18, 2019.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 489                                          APPOINT / CAPTAIN JAMES BROWN / OFFICE OF EMERGENCY MANAGEMENT COMMITTEE / 2019

 

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

 

RESOLVED,  that the Town Board hereby appoints Captain James Brown as a member of the Office of Emergency Management Committee to fill the unexpired term of Chief Donald Butterworth, effective September 18 – December 31, 2019.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 490                                          APPOINT / FREDERICK SIMMS, JR. OFFICE OF EMERGENCY MANAGEMENT COMMITTEE / 2019

 

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

 

RESOLVED, that the Town Board hereby appoints Frederick Simms, Jr., RC Deputy Fire Coordinator and Ex-Chief of Tappan Fire District, as a member to the Office of Emergency Management Committee, effective September 18 – December 31, 2019.

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 491                                          AMEND RESOLUTION NO. 243 of 2019 / 2019 TOWN BOARD MEETING CALENDAR / AMEND POLICE COMMISSION AND AUDIT DATES IN OCTOBER

 

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

 

RESOLVED, that the October 1, 2019 Police Commission is cancelled and the Town Board Meeting is start at 7pm.

 

Ayes:      Councilpersons Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 492                                          AMEND RESOLUTION NO. 419 of 2019 / RESCHEDULE PUBLIC HEARING / PROPOSED NEW CODE SECTION / ESTABLISH A COMMUNITY CHOICE AGGREGATION PROGRAM

 

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

 

RESOLVED, that Town Board hereby reschedules a public hearing regarding a proposed new code section to establish a Community Choice Aggregation program for the Town of Orangetown to TBWS/RTBM of October 1, 2019 at 7:35 P.M.

 

Ayes:      Councilpersons Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 493                                          AMEND RESOLUTION NO. 434 of 2019 / RESCHEDULE PUBLIC HEARING / ADOPT NYS UNIFIED SOLAR PERMIT LOCAL LAW

 

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

 

 

RESOLUTION NO. 493 – Continued

 

RESOLVED,  that the Town Board hereby reschedules the public hearing to adopt the NYS Unified Solar Permit Local Law for October 1, 2019 at 7:40 P.M.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 494                                          AMEND RESOLUTION NO. 421 of 2019 / RESCHEDULE PUBLIC HEARING / PROPOSED CHANGE TO TOWN CODE, CHAPTER 43, ARTICLE IV / LOT AND BULK CONTROLS FOR PAC DEVELOPMENTS

 

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

 

RESOLVED,  that the Town Board will reschedule a public hearing regarding a proposed local law, amending Chapter 43, Article IV to permit the Town Board discretion to modify lot and bulk controls on certain PAC zone  change applications to TBWS/RTBM October 1, at 7:45 p.m.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 495                                          AMEND RESOLUTION NO. 457 of 2019 / CONTINUE PH / PROPOSED ZONE CHANGE / 636 N GREENBUSH ROAD / RYERSON ESTATES

 

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

 

RESOLVED, that the public hearing regarding the proposed zone change for 636 N. Greenbush Rd., Blauvelt (Ryerson Estates) is hereby continued to TBWS/RTBM October 1, 2019 at 7:50 p.m.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 496                                          APPROVE LICENSE / USE OF TOWN PROPERTY / 5TH AVE, BLAUVELT / FILMING

 

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

 

RESOLVED, upon the recommendation of the Director of Economic Development, in accordance with Town Code Section 14C-6E, the Town Board hereby grants a license

RESOLUTION NO. 496 – Continued

 

to Woodridge Productions, Inc. for use of a portion of 5th Avenue in Blauvelt on September 11, 2019 from 6am to 1:30pm for purposes of filming in accordance with a validly issued film permit, and said license fee shall be in the amount of $5,000.00, nunc  pro tunc.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 497                                          ISSUE LICENSE / USE OF TOWN PROPERTY / TACKAMACK NORTH PARK / FILMING

 

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

 

RESOLVED, upon the recommendation of the Director of Economic Development, in accordance with Town Code Section 14C-6E, the Town Board hereby grants a license to NBC Universal for use of Tackamack North Park on September 16, 2019 from 6am to 12:00pm for purposes of filming in accordance with a validly issued film permit, and said license fee shall be in the amount of $5,000.00, nunc pro tunc.

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 498                                          AUTHORIZE FUNDING / PEARL RIVER CHAMBER OF COMMERCE DOWNTOWN PEARL RIVER HOLIDAY LIGHTS

 

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

 

RESOLVED, that the Town Board hereby authorizes up to $15,000.00 from the off-street Parking Account  SP.5650.457 to help the Pearl River Chamber of Commerce supply holiday lights for display in Downtown Pearl River.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 499                                          APPROVE ADDENDUM / SCHOOL RESOURCE OFFICER (SRO) AGREEMENT / SOUTH ORANGETOWN CENTRAL SCHOOL DISTRICT (SOCSD)

 

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

 

WHEREAS, pursuant to Town Board Resolution No. 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, subject to an annual renewal as set forth in the agreement and

 

 

RESOLUTION NO. 499 – Continued

 

WHEREAS,  pursuant to Town Board Resolution 2019-326 the Town agreed to the SOCSD request to renew  the agreement for the 2019/20 school year,  and

 

WHEREAS,  due to a recent change in NYS Education Law 2801-a(10) which requires any such agreements to be consistent with the School District Code  of Conduct and clearly delegate the role of school discipline to the school administration, and

 

WHEREAS, the parties have been acting in accordance with the recent change to the law and wish to add specific language related thereto in to the agreement,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby agrees to amend the SRO Agreement with the SOCSD, subject to the same terms and conditions as set forth in the agreements originally authorized pursuant to Town Board resolutions 2018-440 and 2019-336 and authorizes the Town to execute an addendum to the SRO agreement in accordance with NYS Education Law Section 2801-a(10) and

 

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 Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 500                                          AUTHORIZE / SUPERVISOR SIGNATURE / DEC REQUEST FOR ENTRANCE TO PROPERTY / 127 ROUTE 303, ORANGEBURG, NY

 

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

 

WHEREAS, the property at 127 Route  303, Orangeburg, New York, Tax Parcel ID # 74.19-1-4, formerly known as Camp  Shanks, is listed as an inactive landfill sight with the New York State Department of Environmental Conservation (“DEC”);

 

WHEREAS, the Town of Orangetown is the owner of said property;

 

WHEREAS, the DEC has requested authorization to access the property  to carry out environmental site investigations that may include, among other things, installation of groundwater monitoring wells and/or  collection of groundwater, surface water and sediment or soil samples;

 

WHEREAS, the New York State Environmental Conservation Law authorizes the DEC to enter and inspect any property or premises for the purpose of investigating either actual or suspected sources of pollution or contamination;

 

WHEREAS, the Town Attorney’s Office recommends that the Town Board authorize the Supervisor or his designee to sign the DEC letter dated September 5, 2019, authorizing the DEC or its contractors entry onto the property for the purpose of investigating sources of pollution or contamination.

 

RESOLUTION NO. 500 – Continued

 

RESOLVED, that the Supervisor or his designee is authorized to sign the DEC letter dated September 5, 2019,  authorizing the DEC or its contractors to enter  onto the property located at 127 Route  303, Orangeburg, New York for the purpose of investigating sources of pollution or contamination.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 501                                          APPROVE RETAINER AGREEMENT KEANE & BEANE, P.C. / ARTICLE 78 PROCEEDING / ALUF PLASTICS

 

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

 

RESOLVED, upon the recommendation of the Town Attorney, approve the retainer of Keane & Beane, P.C. to represent the Town of Orangetown, the Town of Orangetown Zoning Board of Appeals, and OBZPAE, as defendants, in connection with an Article 78 proceeding filed in the Supreme Court of the State of New York, under Index No. 034875/2019, entitled API Industries, Inc. d/b/a Aluf Plastics v. Town of Orangetown, et.al. on the terms and conditions set forth in a proposed Retainer Agreement, incorporated by reference herein, and authorize the Supervisor, or his designated representative, to execute a copy thereof.

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 502                                          2020 TENTATIVE BUDGET / RECEIVE / FILE / DISTRIBUTION

 

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

 

RESOLVED, that the 2020 Tentative Budget is to be filed with the Town Clerk, distributed to the Town Board members and the Finance Department to make  it available on the Town of Orangetown’s municipal website.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 503                                          APPROVE / AGREEMENT / ADLER CONSULTING, PA / PROFESSIONAL SERVICES LEFT TURN SIGNAL WARRANT STUDY / OLD TAPPAN ROAD / KINGS HIGHWAY / MAIN STREET / WASHINGTON STREET IN TOWN OF ORANGETOWN

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, the Town Board hereby approves the retention of Adler Consulting, PA, for the left turn

 

RESOLUTION NO. 503 – Continued

 

signal warrant study, at a cost of $ 8,500.00, pursuant to a written proposal, dated August 2, 2019, incorporated herein by reference and to be filed in the Town Clerk’s office.

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 504                                          APPROVE ROAD USE / 2019 VELOCITY RIDE TO END CANCER

 

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 Highways has forwarded approval by the Town Board, for road use only, for the Velocity Ride to end Cancer on Sunday, October 6, 2019, from 10:30 am to 1:00 pm.

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 505                                          LEND ASSISTANCE / 2019 AMERICAN LEGION 100TH ANNIVERSARY / RAILROAD AVENUE, PEARL RIVER

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes this department to lend assistance which includes the use of barricades for the 100th Anniversary of the American Legion, on Railroad Avenue, PR, to be held on Saturday, October 5, 2019, from 10 am – 7 pm.

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 506                                          APPROVE AGREEMENT / 2019 STORMWATER  II EDUCATION PROGRAM / CORNELL COOPERATIVE EXTENSION

 

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

 

RESOLVED, the Town of Orangetown hereby authorizes the renewal of Stormwater II Education Program Agreement with Cornell Cooperative Extension of Rockland County for 2019 for the period of April 1, 2019 through March 31, 2020 in the amount of $7,300.00.

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 507                                          LICENSE AGREEMENT / USE OF NIKE PARK / ARMY TRAINING   812th MILITARY POLICE

 

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

 

RESOLVED, that the Town Board hereby approves a License Agreement between the Town and the 812th Military Police Company, with offices in Orangeburg, New York, for the use of certain areas of the Town owned property known as Nike Park, located at Tweed Boulevard and Nike Lane, Orangeburg, New York (the “Licensed Premises”) by the 812th Military Police Company on an as requested basis and pursuant to a License Agreement to be executed between the parties; and

 

BE IT FURTHER RESOLVED, that the Supervisor or his designated representative shall be authorized to execute such Agreement. A copy of the said License Agreement approved hereby, with provisions for security, indemnification and property damage in favor of the Town, and otherwise as approved by the Superintendent of Parks and Recreation and Town Attorney, is incorporated herein by reference.

 

Ayes:      Councilpersons Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 508                                          RESCIND RESOLUTION NO. 280 -19 APPROVED USE OF SHOWMOBILE 2019 NYACK HALLOWEEN PARADE

 

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

 

RESOLVED, at the request of the Nyack Chamber of Commerce, rescind Town Board Resolution No. 280 and cancel use of the showmobile for their Halloween Parade, Saturday, October 26, 2019 previously approved on May 21, 2019.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 509                                          LEND ASSISTANCE / 2019 TRAUBENFEST

 

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 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 Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 510                                          APPROVE / LEND ASSISTANCE / 2019 SOUTH ORANGETOWN DAY

 

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 South Orangetown Day Committee for their South Orangetown Day, Saturday, October 19, 2019, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured; and therefore be it

 

RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board the rental of Portable Toilets (1 regular unit, 1 ADA Accessible Unit) for South Orangetown Day, Saturday, October 19, 2019.

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 511                                          APPROVE USE OF VARIOUS ROADS & J.B. CLARKE RAIL TRAIL/ 2019 ESCAPE NEW YORK RACE

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways and the Superintendent of Parks, that the Town Board hereby authorizes the use of town roads and the J.B. Clarke Rail Trail for the Escape NY charity ride to be held on Saturday, September 21, 2019, from 8am – 4 pm.

 

Ayes:      Councilpersons Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 512                                          LEND ASSISTANCE / 2019 PEARL RIVER DAY FESTIVAL / CENTRAL AVENUE, PEARL RIVER

 

Councilman Diviny 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 Highways and Chief of Police, have forwarded approval by the Town Board for the use of trash cans, barricades, electronic message board & detour signs from the Highway Department and police detail from OPD, for the annual PR Day Festival to be held on Saturday, October 12, 2019, from 7 am to 9 pm.

 

Ayes:      Councilpersons Diviny, Bottari, Valentine

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 513                                          LEND ASSISTANCE / MR. CARMELO’S CUSTOM TAILOR 50TH ANNIVERSARY / CENTRAL AVENUE, PEARL RIVER

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways and Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which includes the use of water filled barricades & cones from the Highway Department and for OPD to block off (2) parking spaces in front of 4 East Central Avenue, for Mr. Carmelo’s 50th Anniversary, to be held on Saturday, September 28, 2019, from 12 pm – 6 pm.

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 514                                          GRANT PERMISSION / DAVID ALVAREZ / ATTEND MATHEMATICS FOR WATER AND WASTEWATER OPERATORS

 

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

 

RESOLVED, that the Town Board grants permission David Alvarez to attend the Mathematics for Water  and Wastewater Operators, Monticello NY, on September 19, 2019 at a total cost of $98.05  to be charged to Account 8130.441 and 8130.480.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 515                                          GRANT PERMISSION / DAVID ALVAREZ / ATTEND COLLECTION SYSTEM-INFLOW AND INFILTRATION TRAINING

 

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

 

RESOLVED, that the Town Board grants permission Davis Alvarez to attend the Collection System-Inflow and Infiltration Training, Latham NY, on November 10,  2019 at a total cost of $214.28 to be charged to Account 8130.441 and 8130.480

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 516                                          ADJUST / 2019 DEME BUDGET EXPENSE LINE ADJUSTMENT

 

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

 

WHEREAS, the Department of Environmental Management and  Engineering, hereafter DEME, has recovered $82,669.68 from Yonkers Contracting Company, Inc. to

 

RESOLUTION NO. 516 – Continued

 

reimburse the Town the full cost of damages incurred by the Town as referenced in Town Board Resolution No. 273, and the payment having been received, DEME requests that the funds be deposited into G.2770  Other Unclassified Revenue, and;

 

WHEREAS, the Town Board has since determined that it would be in the best financial interests of the Town to reallocate the total amount received, to the following DEME accounts in the amounts listed below:

 

The remaining $82,669.68 of the Yonkers check should be allocated as follows:

 

8120.200.09 – Capital Outlay Emergency Work – $43,250.00

1440.012 – Engineer Time and One Half – $3,108.13

8110.012 – Sewer Admin Time and One Half – $202.05

8110.020 – Sewer Admin Double Time – $2,222.50

8120.012 – Sewer Collection System Time and One Half – $2,421.28

8120.020 – Sewer Collection System Double Time – $3,292.64

8130.012 – Sewage Treatment Plant Time and One Half – $4,619.70

813.020 – Sewage Treatment Plant Double Time – $5,298.85

8120.457 – Sewage Collection System Contract W/Outside Vendors – $18,284.53

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 517                                          ACCEPT RESIGNATIONS – RETIREMENTS/ TOWN EMPLOYEES / 2019 RETIREMENT INCENTIVE

 

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

 

WHEREAS, the following employees have opted for the Retirement Incentive being offered by the Town;

 

RESOLVED, that the Town Board accepts with regret the resignation / retirement of Robin Goldsmith, Real Property Appraiser, Assessor’s Office, effective December 31, 2019; and

 

BE IT FURTHER RESOLVED,  that the Town Board accepts with regret the resignation / retirement of Steven Elmendorf, Motor Equipment Operator II, Highway Department, effective December 20, 2019; and

 

BE IT FURTHER RESOLVED, that the Town Board accepts with regret the  resignation / retirement of Helen Chee, Account Clerk Typist, DEME, effective October 30, 2019; and

 

BE IT FURTHER RESOLVED that the Town Board accepts with regret the resignation / retirement of Barbara Dardzinski, Secretarial Assistant (Legal) effective December 31, 2019; and

 

BE IT FURTHER RESOLVED, that the Town Board accepts with regret the resignation / retirement of Edward McPherson, Code Enforcement II, OBZPAE, effective December 31, 2019; and

 

 

 

RESOLUTION NO. 517 – Continued

 

BE IT FURTHER RESOLVED that the Town Board accepts with regret the resignation / retirement of Joseph Italiano, Motor Equipment Operator II, Highway Department, effective October 4, 2019.

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 518                                          APPROVE / 2019 BUDGET ADJUSTMENTS / NEW TITLE SEARCH INSPECTION FEES

 

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

 

RESOLVED, that upon the recommendation of the Director of Finance to make the following 2019 budget adjustments to reflect the new title search inspection fees.

 

Increase B.1560.000.17 by $95,900 (revenue)

Increase B.3620.457.17 by $75,350 (expense)

 

Ayes:      Councilpersons Valentine, Bottari, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 519                                          APPOINT / CAITLYN MORRISON  ASSESSING CLERK I (LFT) PERMANENT

 

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

 

RESOLVED, upon the recommendation of the Assessor, appoint Caitlynn Morrison to the position of Assessing Clerk I (LFT), permanent, from RC list #19062, effective September18, 2019, no change in salary.

 

Ayes:      Councilpersons Bottari, Valentine, Diviny

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

 

RESOLUTION NO. 520                                          PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Director of Finance, the Finance Office is hereby authorized to pay vouchers for a total amount of four (4) warrants for a total of $895,997.08.

 

Ayes:      Councilpersons Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

Absent:   Councilman Troy

 

RESOLUTION NO. 521                                          ADJOURNED / MEMORY

 

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

 

RESOLVED, at 10:45 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Arianna Joy Fojtlin, (age 13 yrs) resident of Orangeburg, NY.

 

Ayes:      Supervisor Day

Councilpersons Valentine, Diviny, Bottari

Noes:      None

Absent:   Councilman Troy

 

 

 

_________________________________

              Rosanna Sfraga, Town Clerk