Meeting Overview

 

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

December 15, 2020

 

This meeting was opened at 7:00 PM. Supervisor Teresa M. Kenny presided and Rosanna Sfraga, Town Clerk, called the roll.

 

Present were:

Councilperson Thomas Diviny

Councilperson Paul Valentine

Councilperson Denis Troy

Councilperson Jerry Bottari

Supervisor Teresa M. Kenny

 

Also Present:

Michael Lawler, Deputy Supervisor

Allison Kardon, Supervisor’s Confidential Assistant

Carmel Reilly, Director of Economic Development & Tourism

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Rick Pakola, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

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

 

Pledge of Allegiance to the Flag

 

ANNOUNCEMENTS:

 

We would like to honor our young volunteers at the Blauvelt Hot Cocoa for Heroes Stand for their efforts in raising over $3,000.00 for the Rockland Homes for Heroes:

 

Madelyn Troy; Arturo Garcia; Brendan Troy; Brayden Garcia; Kieran Troy; and Lily Garcia

 

PRESENTATIONS:

 

Dedication of Valentine Avenue as “Reverend Doctor Louis Sanders Way” (Supervisor Teresa M. Kenny).

 

Lothrop Associates, the architects for the new Town Hall, discussed the status of the project.

 

DISCUSSION:

WORKSHOP OF AGENDA ITEMS

 

 

RESOLUTION NO. 515

OPEN PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby opened.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

 

RESOLUTION NO. 515 – Continued

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

Summary of Public Comments:

Emily Meehan, Jacob Tanenbaum, Amanda Crespo-Perez and Andrea Siegel, Tappan, sent emails (regarding the dangers of heavy traffic and speeding on the narrow Livingston Street.  The emails stated, residents of Livingston St have been asking for traffic calming measures to be put in place and this issue has been before the Traffic Advisory Board on numerous occasions.  Measures need to be put in place before someone is killed.

Michael Lawler, Deputy Supervisor, thanked the Town Board for allowing him to serve as Deputy Supervisor and that he is looking forward to being a member of the NYS Assembly and to continue working with the Town of Orangetown.

Kimberly & Rick Pagliaroli, Blauvelt, neighbors are parking blocking their driveway.  They have spoken to the neighbors, been to the Traffic Advisory Board and spoke to PO Yannazzone.  They asked the Town Board for further help.

Mike Mandel, Pearl River, is against the Transit Oriented Development Zone in downtown Pearl River and this project should be put on the self.

 

 

RESOLUTION NO. 516

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby closed.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 517

OPEN PUBLIC HEARING / PROPOSED LOCAL LAW / AMEND LOCAL LAW NO. 2 OF 1994 / CERTIFICATE OF COMPLIANCE REQUIRED (CHAPTER 15, § 15-13)

 

RESOLVED that the Public Hearing to consider a proposed Local Law amending Local Law No. 2 of 1994 (Town Code, Chapter 15, Section 15-13 entitled “Certificate of Compliance Required”) is hereby opened.

 

Rosanna Sfraga, Town Clerk presented the Affidavits of Publication and Postings; which are labeled Exhibit 12-B-20 and made a part of these minutes.

 

Summary of Public Comments:

There were no comments from the public.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 518

CLOSE PUBLIC HEARING / PROPOSED LOCAL LAW / AMEND LOCAL LAW NO. 2 OF 1994 / CERTIFICATE OF COMPLIANCE REQUIRED (CHAPTER 15, § 15-13)

 

RESOLVED that the Public Hearing to consider a proposed Local Law amending Local Law No. 2 of 1994 (Town Code, Chapter 15, Section 15-13 entitled “Certificate of Compliance Required”) is hereby closed.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 519

ADOPT LOCAL LAW    6   , 2020 / AMEND LOCAL LAW NO. 2 OF 1994 CERTIFICATE OF COMPLIANCE REQUIRED (CHAPTER 15, § 15-13)

 

WHEREAS, Town Code Section 15-13 entitled “Certificate of Compliance Required” contains an exemption from the requirement of a certificate of compliance issued by the Bureau of Fire Prevention for not-for-profit organizations.

 

BE IT RESOLVED that the Town Board hereby removes the exemption for not-for-profit entities; and finds that a Certificate of Compliance to ensure compliance with all requirements of the Town Code and the New York State Uniform Fire Prevention and Building Code shall be required for all uses and occupancies of property other than one and two-family dwellings.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

TOWN OF ORANGETOWN

LOCAL LAW NO.   6    OF 2020

 

AMENDING CHAPTER 15 OF THE TOWN CODE ARTICLE II, SECTION 15-13 TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE FOR NOT-FOR-PROFIT ORGANIZATIONS

 

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

 

As amended, Deletions are stricken. The said section of the Code is amended as follows:

 

Be it enacted by the Town Board of the Town of Orangetown that Local Law Number 11 of 1991 (Chapter 15, Article II of the Code of the Town of Orangetown entitled “Inspections, Fees and Certificates of Compliance”, Section 15-13 entitled “Certificate of Compliance required” (as previously amended on 03-28-1994 by Local Law No. 2 of 1994) is hereby amended as follows by deleting the language that is stricken through:

 

A certificate of compliance to ensure compliance with all requirements of this Code and the New York State Uniform Fire Prevention and Building Code shall be required for all uses and occupancies of property other than one- and two-family dwellings and not for profit organizations. Such certificate shall not take the place of any other permit or certificate required by law. Said certificate shall not be transferable, and any change in the use or occupancy of the subject premises shall require a new certificate.

 

This Local Law shall become effective immediately upon being filed with the Secretary of State.

 

RESOLUTION NO. 520

APPROVE / 2021 CALENDARS / POLICE COMISSION MEETINGS / REGULAR TOWN BOARD MEETINGS

 

RESOLVED, that the following 2021 Town Board Meeting Calendar is hereby approved:

01/05/21 Re-Organizational Meeting/Regular Town Board Meeting

01/19/21 Police Commission/Regular Town Board Meeting

02/09/21 Police Commission/Regular Town Board Meeting

02/23/21 Regular Town Board Meeting

03/09/21 Police Commission/Regular Town Board Meeting

03/23/21 Regular Town Board Meeting

04/13/21 Police Commission/Regular Town Board Meeting

04/27/21 Regular Town Board Meeting

05/11/21 Police Commission/Regular Town Board Meeting

05/25/21 Regular Town Board Meeting

06/08/21 Police Commission/Regular Town Board Meeting

06/22/21 Regular Town Board Meeting

07/13/21 Police Commission/Regular Town Board Meeting

07/27/21 Regular Town Board Meeting

08/10/21 Police Commission/Regular Town Board Meeting

08/24/21 Regular Town Board Meeting

09/14/21 Police Commission/Regular Town Board Meeting

09/28/21 Regular Town Board Meeting

10/12/21 Police Commission/Regular Town Board Meeting

10/26/21 Regular Town Board Meeting

11/09/21 Police Commission/Regular Town Board Meeting

11/30/21 Regular Town Board Meeting

12/14/21 Police Commission/Regular Town Board Meeting

 

Police Commission Meetings start at 6:30 pm; Town Board Meetings begin at 7:00 pm.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 521

APPROVE / AMEND RESOLUTION 2020-344 / ZARIN & STEINMETZ / EXTEND CAP TO $30,000 / REDEVELOPMENT OF HNA PALISADES

 

WHEREAS, pursuant to Town Board Resolution No. 2020-344, the Town Board authorized entering into an agreement with Zarin & Steinmetz to provide professional legal services related to the potential redevelopment and zoning of the property known as HNA Palisades, and

 

WHEREAS, in the aforesaid Resolution, the Town Board placed a cap on the legal services at $15,000.000, which cap is about to be exceeded due to the extent and nature of the work performed to date, and

 

WHEREAS, the Town Board in its discretion finds it is in the best interests of the Town to extend the cap by an additional $15,000.00 to cover additional expected work with respect to the matter,

 

NOW THEREFORE BE IT RESOLVED, that Town Board hereby amends Resolution 2020-344 by extending the cap on funds to be paid to Zarin & Steinmetz by $15,000.00, for a total of $30,000.00 and authorizes the Finance Director to make payments, upon review and approval of the Supervisor and Town Attorney, in accordance with the terms of this resolution.

 

RESOLUTION NO. 521 – Continued

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 522

APPROVE FEE SCHEDULE / FILMING ON PRIVATE PROPERTY FILM / TV SHOOT / COMMERCIAL (PREP/WRAP/FILM DAY) / CHAPTER 14C OF THE TOWN CODE REGARDING COMMERCIAL FILMING

 

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 8:00 a.m. – 7:00 p.m.

 

350. 1-19 Crew Members: $ 350.00 Per Day/per location + $ 100.00 an hour before or after filming hours + additional fees for police (if required).
351. 20-49 Crew Members: $ 500.00 Per Day/per location + $ 250.00 an hour before or after filming hours + additional fees for police (if required).
352. 50-99 Crew Members: $ 750.00 per day/per location + $ 500.00 an hour before or after filming hours + additional fees for police (if required).
353. 100+ Crew Members: $ 1,000.00 per day/per location + $ 600.00 an hour before or after filming hours + additional fees for police (if required).

 

Helicopter Usage:

 

$ 1,750.00 Flat Rate Per Day.

 

Other Special Effects:

 

$ 400.00 Flat Rate Per Day.

 

Metered Parking Spots:

 

50. 1-49 Crew Members: $ 50.00 Per Spot Per Day.
51. 50+ Crew Members: $ 75.00 Per Spot Per Day.

 

IRG Campus, HNA, contained properties:

 

$ 750.00 per day flat rate. *Additional fees if outdoor special effects are in use*

 

Basecamp:

 

$ 350.00 Per Day. Per Location.

 

***EXCEPTIONS***

 

Student Films/Short Films/Independent/Smaller Commercial Shoots: 

 

225. 1-9 Crew Members: $ 225.00 Per Day/per location + $ 75.00 an hour before or after filming hours + additional fees for police (if required).

 

 

RESOLUTION NO. 522 – Continued

 

350. 10-19 Crew Members: $ 350.00 Per Day/per location + $ 100.00 an hour before or after filming hours + additional fees for police (if required).
351. 20-49 Crew Members: $ 450.00 Per Day/per location + $ 125.00 an hour before or after filming hours + additional fees for police (if required).
352. 50+ Crew Members: Standard fees.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 523

APPROVE DISTRIBUTION / REQUEST FOR EXPRESSIONS OF INTEREST FOR POTENTIAL REDEVELOPMENT

 

WHEREAS, the Town Board is desirous of attracting and considering future development, planning and zoning with respect to the property (“Property”) known as HNA Palisades located at 334 Route 9W, Palisades, New York (Parcel ID: 78.13-1-1), in connection with the current private property owner, who has expressed an interest in selling the Property; and

 

WHEREAS, the Town has a vision for maximizing, revitalizing and redeveloping the currently underutilized and vacant property for the benefit of the community, with a use that will have the public purpose of enhancing the sound growth of the Town, increasing its tax base, preserving key environmental on-site features, providing public amenities and uses, and encouraging good design standards; and

 

WHEREAS, while the Town has attempted to work in cooperation and good faith with the current owner of the Property, should the property owner not be willing to voluntarily cooperate in the acquisition of the Property in accordance with the outcome of the development process herein, the Town, shall consider exercising its condemnation authority as provided it under applicable State law; and

 

WHEREAS, on August 18 2020, via Town Board Resolution 2020-368, the Town Board authorized the engagement of AKRF Environmental Planning and Engineering Consultants, White Plains, New York, to, in coordination the Town’s Special Counsel, Zarin & Steinmetz: (i) examine the economic feasibility and environmental considerations of potential uses for the Property, and (ii) prepare a Request for Expressions of Interest (“RFEI”) to potential redevelopers, which will, among other things, specify the Town’s redevelopment vision, and submission requirements; and

 

WHEREAS, on October 1, 2020, via Town Board Resolution 2020-432, the Town Board authorized AKRF and Zarin & Steinmetz to commence preparation of the RFEI; and WHEREAS, AKRF and Zarin & Steinmetz have prepared an RFEI, a copy of which is annexed hereto, in furtherance of the goals set forth herein and the August 18th and October 1th Town Board Resolutions; and

 

WHEREAS, the Town Board has reviewed said RFEI, and approves same for circulation and distribution to the development community; and

 

NOW THEREFORE BE IT RESOLVED, that the Town Board finds that it is in the best interests of the Town for AKRF and Zarin & Steinmetz to immediately commence the circulation and distribution of the RFEI, and that the Town commence the redeveloper selection process provided therein in accordance with the RFEI annexed hereto.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

RESOLUTION NO. 523 – Continued

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 524

AUTHORIZE CONCURRENCE / SECTION 4f REGULATIONS / WEST WASHINGTON AVENUE BRIDGE REALIGNMENT / PASCACK BROOK PARK

 

WHEREAS, the County of Rockland is proceeding with plans for a project to replace the West Washington Avenue Bridge over the Pascack Brook and realign West Washington Avenue in Pearl River at that location, which project, as a federally funded transportation project, requires an evaluation in accordance with Federal “Section 4f” regulations contained within the US Department of Transportation Act of 1966 (23 USC 138 and 29 USC 202) and,

 

WHEREAS, as part of the project the County of Rockland is seeking to acquire certain Town owned parkland property adjacent to West Washington Avenue Bridge, and

 

WHEREAS, the project has been evaluated with respect to the Final Section 4f evaluation as set forth more fully in a letter from the Rockland County Superintendent of Highways dated November 30, 2020, which is incorporated by reference herein, and

 

WHEREAS, the County of Rockland has requested that as an entity with jurisdiction over the parkland that will be the subject of acquisition by the County, with appropriate compensation being made to the Town, for written concurrence with the Programmatic Section 4f evaluation and assessment and determination of the project impacts to Pascack Brook Park as set forth more fully therein,

 

NOW THEREFORE, BE IT RESOLVED , that the Town, having reviewed the previously issued Negative Declaration pursuant to the New York State Environmental Review Act (SEQRA) dated November 19, 2020, concurs with the Programmatic Section 4f Evaluation, and authorizes the Supervisor or her designee to provide a letter to that effect to the County of Rockland.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 525

WALSH SUBDIVISION / 231 TOWNLINE RD / RELEASE ROWLEY PERFORMANCE BOND & ACCEPT SLIEVENAMON PERFORMACE BOND / 64.20-1-3

 

WHEREAS, pursuant to Town Board Resolution 2011-634, the Town Board accepted a Performance Bond from Paul Rowley and Vigilant Insurance Company, related to the Walsh Subdivision for property located at 253 Townline Road, West Nyack, Town of Orangetown, New York (Section 64.20-1-3); and

 

WHEREAS, the Planning Board at its meeting of October 28, 2020 authorized the replacement of said bond with a bond from Slievenamon, LLC, the new and current owner of the aforesaid property; and

 

WHEREAS, Slievenamon, LLC, has submitted Bond No. EACX1000236, dated July 27, 2020 issued by the Endurance Assurance Corporation, on behalf of Slievenamon, LLC, as principal, in the amount of $46,380.00 and naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the 253 Townline Road

 

RESOLUTION NO. 525 – Continued

 

Subdivision, which Bond has been approved as to form and substance by the Town Attorney’s Office.

 

NOW THEREFORE IT IS HEREBY RESOLVED THAT, the Town hereby formally accepts, receives and files a Performance Bond from Slievenamon, LLC, dated July 27,2020 and issued by the Endurance Assurance Corporation, with respect to the Walsh Subdivision, 253 Townline Road, West Nyack, Town of Orangetown, New York (Section 64.20, Block 1, Lot 3), which Bond is subject to all previous Planning Board decisions and conditions and which Bond shall remain in full force and effect until release by appropriate Town Board resolution, and

 

BE IT FURTHER RESOLVED THAT, the previously posted bond by Paul Rowley and Vigilant Insurance Company shall be released and discharged upon adoption of this resolution accepting the replacement of the Slievenamon, LLC Performance Bond.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 526

APPROVE / AUTHORIZE TOWN ATTORNEY TO SIGN SETTLEMENT DOCUMENTS / TAX CERTIORARI PROCEEDING 53 BROOKSIDE AVE., S. NYACK v. ASSESSOR, ET AL (66.53-3-9)

 

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 Yakov Cohen v. Assessor of Town of Orangetown, et al., tax map designation 66.53-3-9, for the tax assessment year 2020 for a total refund by the County of $0, a total refund by the Town of $0, and a total refund by the Nyack School District of $3,160. 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.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 527

AUTHORIZE / RETAINER WITH KEANE & BEANE / LITIGATION MATTER / SUPREME COURT, ROCKLAND COUNTY

 

RESOLVED, that the Town Board authorizes the retention of the firm of Keane & Beane, P.C. to represent the Town in a litigation matter identified by Index No. 035228/2020 pending in Supreme Court, Rockland County, and authorizes the Supervisor or her designee to execute the retainer agreement provided, upon review and approval of the Town Attorney’s Office.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 528

APPROVE / LEND ASSISTANCE / VOLUNTEER FIRE ASSOCIATION OF TAPPAN / HOLIDAY DRIVE- THRU EVENT

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes the Highway Department upon completion of all necessary paperwork to lend assistance which includes the use of barricades, cones,(2) message boards from the Highway Department for the Volunteer Fire Association of Tappan’s Holiday Drive- Thru Event to be held on Saturday, December 19, 2020 from 4:30pm- 7:30pm.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 529

ACCEPT RETIREMENT / DUANE HENTHORN / HIGHWAY DEPTMENTT EFFECTIVE DECEMBER 7, 2020

 

RESOLVED, that upon the recommendation from the Superintendent of Highways, accept with regret the resignation/retirement of Duane Henthorn, MEO II, in the Highway Department, effective December 7, 2020. Duane has been an employee of the Town of Orangetown for over 30 years.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 530

DESIGNATE / INSTALL MEMORIAL SIGN / REV DR LOUIS SANDERS  VALENTINE AVENUE FROM UNION STREET TO FERDON AVENUE, SPARKILL

 

WHEREAS, Rev. Dr. Louis Sanders was ordained in 1975 after earning his Master’s of Divinity from Union Theological Seminary in New York City. He became the pastor of St. Charles A.M.E. Zion Church in Sparkill in 1981, and continued there until 2017, retiring to Virginia with his wife, Connie.

 

WHEREAS, during his 36-year tenure at St. Charles A.M.E. Zion Church in Sparkill, he increased the membership from 15 members to a church that is now known internationally, especially in Africa. He also created a place of community by implementing Reach out Suburbia, a program for disadvantaged homeless youth; as well as SAT tutorial and cultural awareness programs; and on-site HIV and AIDS testing.

 

WHEREAS, Rev. Dr. Louis Sanders’ mission work included building churches in the Republic of Ghana and providing scholarships to enable the poor youth in Ghana to attend school. He led his congregation to help many of the families impacted from Hurricane Katrina by finding housing and paying their rent for a year. Rev. Dr. Louis Sanders’ commitment to human and civil rights has been recognized by his induction into the Rockland County Civil Rights Hall of Fame in 2009.

 

WHEREAS, Rev. Dr. Louis Sanders taught social studies in the Tuckahoe Union Free School District from 1967 to 1998. He also served as a U.S. Air Force Chaplain retiring with a rank of lieutenant colonel in 2003. In addition, he helped train other military chaplains for service in Desert Storm.

 

RESOLUTION NO. 530 – Continued

 

WHEREAS, Rev. Dr. Louis Sanders was noted for how he encouraged those around him and saw the potential of each and every person.

 

WHEREAS, Rev. Dr. Louis Sanders entered eternal life on February 27, 2020, and;

 

WHEREAS, on the 15th of December, 2020, the Town Board designated a roadway in Rev. Dr. Louis Sanders’ name for a term of five years to honor the deceased with the intention of installing nearby memorial street signs to signify the dedication, and;

 

NOW THEREFORE BE IT RESOLVED, that in honor of the deceased, Valentine Avenue, between Union Street and Ferdon Avenue, is designated as “Rev. Dr. Louis Sanders Way”. The aforementioned designation will expire December 2025.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 531  

APPROVE / LEND ASSISTANCE / 2020 ORANGEBURG FIRE DEPARTMENT HOLIDAY PARADE/ SATURDAY, DECEMBER 12TH

 

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 $500.00 by the Orangeburg Volunteer Fire Department for their Holiday Parade, Saturday, December 12, 2020, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 532

DECLARE SURPLUS VEHICLES & EQUIPMENT / PARKS & RECREATION

 

RESOVLED, that upon the recommendation of the Superintendent of Parks and Recreation declare surplus the following vehicles/equipment:

 

Vehicles

1. 2004 Chevy 2500 HD Vin# 1GBHK24034E312655
2. 2006 Chevy 2500 HD Vin# 1GCHK24U66E226187
3. (2) Meyer 8ft Plow
4. Blue Tractor Ford model 5000, 7,479 hours, 2WD/Diesel
5. (2) GEM E825 Date of manufacture 12/12/02, 2 Seat w/Roof (1) w/o Roof vin #5ASAG27482FO30458
6. GEM E825 4 seater 5ASAG47442F030579, 12/13/02, Plate #13394LU
7. 2006 Jeep Grand Cherokee Laredo, 66, 308, Vin#1J4GR48K26C258989

 

Snow Blowers

 

1. Yard-man by MTD, 10.5 HP/ 29” Model #31BE5B3H501 Serial # 1J252I3003
2. Club Cadet 1130 SWE Electric Start 10.5HP/29” Model # 31AH5B3H100 Mfg Code#1I2161B10002

 

RESOLUTION NO. 532 – Continued

 

Mowers

1. (4) Greens Mower Honda GX120 4HP
2. Ariens Precision 22” Cut Briggs 190cc
3. Scag TurfTiger 72” SC4 316 hours
4. Scag TurfTiger 61” SC0 ? hours
5. Husqvarna 7021P Push Mower Honda engine
6. Troy-Bilt Tru Cut 100 21” Cut / 6.5HP Briggs

 

Misc

1. Western Roller Model # 1 Ton Serial # 3492 Briggs 319cc
2. (2) Little Wonder Push Blower 10HP
3. Jacobsen Vaerator VA-24 Honda GX340 11HP
4. Billy Goat K-Series Vacuum Briggs 190cc

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 533

AWARD BID / SNOW PLOWING / CORTWOOD VILLAGE SENIOR HOUSING COMPLEX / HELMKE INDUSTRICES

 

WHEREAS, the Superintendent of Parks & Recreation duly advertised for sealed bids for Snow-Plowing and Ice Control at the Cortwood Village Senior Housing Complex, which were received and publicly opened on 12/1/2020; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 12-C-20, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation, this bid is hereby awarded to Helmke Industries of Orangeburg, NY, the lowest qualified bidder.

 

BE IT FURTHER RESOLVED, that the Supervisor or her designee is authorized to enter into an agreement with Helmke Industries, in accordance with the bid award and terms of this resolution, subject to review and approval of the Town Attorney’s Office.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 534

APPROVE / 2021 LICENSE AGREEMENT / APPLIED GOLF / THE MANAGEMENT, OPERATION AND MAINTENANCE OF BLUE HILL GOLF COURSE & RESTAURANT, AND BROADACRES GOLF COURSE

 

WHEREAS, Applied Golf–Blue Hill, LLC, and Applied Golf–Broadacres, LLC (both hereinafter together referred to as “Applied Golf”), submitted a Competitive Contracting Bid Request for Proposal Package (“Proposal”), to the Town of Orangetown (“Town”), dated November 5, 2020, in response to the Town’s Request for Proposal [for the] Management, Operation and Maintenance of Blue Hill Golf Course and Broadacres Golf Course, dated October 7, 2020 (hereinafter “RFP”); a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 12-D-20, and made a part of these minutes; and

RESOLUTION NO. 534 – Continued

 

WHEREAS, no other proposals, other than Applied Golf’s Proposal, were submitted to the Town in response to the RFP; and

 

WHEREAS, Applied Golf is the current vendor that manages, operates and maintains the Blue Hill Golf Course (“Blue Hill”), including its restaurant facility, and the Broadacres Golf Course (“Broadacres”), and has been managing, operating and maintaining the same for five years at Blue Hill, and over six years at Broadacres; and

 

WHEREAS, after reviewing Applied Golf’s Proposal, and conducting an interview with the principal of Applied Golf, Dave Wasenda, attended by two Orangetown Councilmen, the Town Attorney and his Deputy, the Superintendent of the Orangetown Department of Parks, Recreation and Buildings, and the Orangetown Director of Finance, the Director and the Superintendent concluded that the Town’s financial and recreational interests would be best served by the Town accepting Applied Golf as the successful Proposer, as “Proposer” is described in the RFP; and

 

WHEREAS, the Town, after negotiations with Applied Golf, and having arrived at mutually beneficial financial terms (itemized below), which are a $30,000.00 per year decrease of the Town’s yearly total payments to Applied Golf as compared to the current and expiring contract/agreement with Applied Golf, the Town Board hereby elects to proceed with Applied Golf as the successful Proposer, and to enter into a License Agreement, the fiscal terms and provisions of which are outlined below, which monetary figures are per year and will be remitted by the Town to Applied Golf (except for the Blue Hill restaurant License Fees, which will be remitted by Applied Golf to the Town) in equal monthly installments (1/12 of the respective yearly amounts, i.e., on a “straight-line” basis):

 

Financial Remuneration to the Town:

 

The Town will receive all of the revenues from the operations of the Blue Hill Golf Course and the Broadacres Golf Course (both sometimes referred to as the “Golf Courses”), with the exception of merchandise sales revenue from the pro shops and the revenues from the Blue Hill restaurant.

 

There will be an incentive/disincentive provision in the License Agreement that will either increase or decrease the amount to be remitted by the Town to Applied Golf depending on the revenues that Applied Golf is able to generate. The value of this incentive/disincentive is capped at 5% of the respective License Fee amounts to be paid by the Town to Applied Golf (see table below): any increase or decrease from the Revenue Target is split 50/50 between the Town and Applied Golf up to a maximum of 5% of the respective License Fee amounts to be paid by the Town to Applied Golf (see table below). For example, the Revenue Target at Blue Hill is $2,475,000: if Applied Golf generates $2,575,000 in revenues at Blue Hill, Applied Golf would exceed the Revenue Target by $100,000; thus, the License Fee amount for Blue Hill to be paid by the Town to Applied Golf would be increased by $50,000 from $1,494,000 to $1,544,000. The most that Applied Golf will receive from the Town, as an incentive above the respective License Fee amounts, is capped at 5%, which equates to $74,700 for Blue Hill and $29,750 for Broadacres; and the Town will receive, in full, any revenue above this 5% cap. Similarly, if Applied Golf generates less than $2,475,000 at Blue Hill, the License Fee that the Town would pay to Applied Golf for Blue Hill would be reduced, as a disincentive, at a 50/50 share up to the same maximum cap of $74,700; and if there should be a revenue amount that is below this 5% maximum cap, then the Town will absorb the lower revenues that are below the 5% cap.

 

Applied Golf will remit $24,000 per year to the Town as a License Fee for the Blue Hill restaurant; and Applied Golf will contribute a minimum of $200,000, toward capital expenditures, over the five-year term of the License Agreement.

 

License Fees to be paid by the Town to Applied Golf:

 

Blue Hill                      Broadacres

Golf Course Maintenance:                                          $1,054,000                  $  395,000

Pro Shop Operations:                                                  $   490,000                  $  200,000

RESOLUTION NO. 534 – Continued

 

Discount to Town for running both courses               $<  50,000>

Total License Fees to be paid by the Town

To Applied Golf                                             $1,494,000                  $  595,000

 

Revenue Target (per year)                                          $ 2,475,000                 $  610,000

5% of License Agreement Amount                            $      74,700                 $    29,750

 

The Incentive/Disincentive is split 50/50 between Applied Golf and the Town, up to 5% of the License Agreement amount, and each Golf Course is treated separately.

 

The License Fees will be paid out on a “straight line” basis, i.e., payable in equal monthly installments (1/12 of the respective yearly amounts), by the 15th day of each month; and will be adjusted annually, at the end of each calendar year, based on the NY-NJ-PA Consumer Price Index (CPI) from the Federal Bureau of Labor Statistics.

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby approves of a five-year License Agreement, to be drafted with terms and provisions, and in a form, satisfactory to the Town Attorney, but such terms and provisions will embody the spirit, intentions and objectives of the terms and provisions of the Town’s RFP and Applied Golf’s Proposal; however, if a particular term or provision of the RFP conflicts, or is inconsistent, with the Proposal, the terms and provisions of the RFP will control and govern; and

 

BE IT FURTHER RESOLVED that the Town Supervisor, or her designated representative, is hereby authorized to execute the License Agreement.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 535

APPOINT / JASON ZELENKA / PERMANENT / PROBATIONARY

 

RESOLVED, that upon the recommendation of the Chief of Police, appoint Jason Zelenka, from Rockland County Civil Service appointment list #65-590/19007, to the position of “Police Radio Dispatcher – CAD (Permanent/Probationary), effective December 16 2020, at a salary consistent with the terms of the labor agreement between the Town of Orangetown and Orangetown CSEA.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 536

ACCEPT RETIREMENT / THOMAS FITZMAURICE / DEME / EFFECTIVE 12/11/2020

 

RESOLVED, that upon recommendation of the Commissioner of Environmental Management and Engineering, accept with regret the resignation/retirement of Thomas Fitzmaurice, Maintenance Supervisor (Sewage Systems), in the DEME (Department of Environmental Management and Engineering), effective December 11, 2020. Tom has been an employee of the Town of Orangetown for over 35 years.

 

 

RESOLUTION NO. 536 – Continued

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 537

AUTHORIZE FINAL PAYMENT / MASER P.A./ PEARL RIVER TOD PROJECT

 

WHEREAS, pursuant to Town Board Resolutions 2019-97 and 2019-393, the Town Board authorized an agreement with Maser Consulting, P.A. to undertake and begin the SEQRA review process related to a proposed Transit Oriented Development Zone in downtown Pearl River, and

 

WHEREAS, the Town Board authorized expenditures up to $70,000.00 be paid to Maser, and

 

WHEREAS, Maser has submitted bills which have been reviewed and approved by the Town Attorney and Town Finance Director in terms of work performed and deliverables, which work performed exceeded the previously authorized amount,

 

NOW THEREFORE BE IT RESOLVED, the Town Board hereby authorizes the Town Finance Director to pay two outstanding invoices to Maser Consulting, P.A., in an amount not to exceed $14,100.00.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 538

CREATE THE POSITION OF ASSISTANT COURT CLERK/JUSTICE COURT

 

RESOLVED, that upon the recommendation and approval of a PO 27 by Rockland County Personnel, create the position of Assistant Court Clerk in the Justice Court, Grade 12, Step 1, at a salary of $62,458.00. This is for the purpose of posting the position.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 539

EXTEND AUTHORIZATION FOR OUTDOOR DINING / SIDEWALK CAFES / EXTEND RESOLUTION 2020-249

WHEREAS on June 2, 2020 pursuant to Town Board Resolution 2020-249, the Town Board, in response to the economic recovery as a result of the COVID-19 crisis and pursuant to the authority prescribed in Chapter 6-5(F) of the Orangetown Cod-e, authorized the Director of OBZPAE to waive, modify, and adjust certain requirements of Chapter 31B regarding Sidewalk Cafes and Vending, and to suspend enforcement of the zoning regulations and requirements or land use restrictions to obtain an

 

 

RESOLUTION NO. 539 – Continued

 

Outdoor Dining Permit, and to maintain required off-street parking for outdoor dining, at a lawful restaurant and food service establishment, and to issue a Temporary Outdoor Dining Permit and

 

WHEREAS, the COVID-19 crisis and the economic recovery therefrom continues to impact the residents and businesses of the Town of Orangetown and the authorization for outdoor dining and sidewalk cafes have provided relief to the businesses in the Town of Orangetown will providing patrons an opportunity to socialize in a safe setting in accordance with the Governor’s guidelines for operations of dining facilities during the COVID-19 crisis,

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby extends the temporary suspension of Section 31B as set forth in Town Board Resolution 2020-249 and authorization to the Director of OBZPAE to issue Temporary Outdoor Dining Permits through and including December 31, 2021, subject to all of the terms and conditions as set forth in Resolution 2020-249.

 

Under new business, Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 540

PAY VOUCHERS

 

RESOLVED, upon the recommendation of the Director of Finance, Jeffrey Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of one (1) warrants for a total of $838,105.76.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 541

EXECUTIVE SESSION

 

In attendance, at this Executive Session were Supervisor Teresa M. Kenny, Councilpersons Denis Troy Thomas Diviny, Paul Valentine and Jerry Bottari, Michael Lawler, and Rob Magrino (virtually).

 

RESOLVED, at 8:20 pm, the Town Board entered Executive Session to discuss the proposed acquisition/sale/lease of real property when publicity might affect value and to consult with counsel on legal and contractual matters.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 542

RE-ENTER RTBM / ADJOURNED / MEMORY

 

RESOLVED, at 9:10 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of:  Catherine Caputo, Resident of Sparkill, Mother of Orangetown

RESOLUTION NO. 542 – Continued

 

 Highway Employees Thomas Caputo and Louis Caputo, and Mother-in-Law of Orangetown Chief Fire Safety Inspector, Michael Bettmann; John Crowe, Resident of Pearl River, Brother of Retired Orangetown Police Officer Tom Crowe; Michael Diskin, Resident of Orangeburg; Susan Dunleavy, Resident of Pearl River; S. Burton Huested, Resident of Blauvelt, Ex-Chief,

Life Member and Chairman Emeritus of the Blauvelt Volunteer Fire Company; Donald Kivlehan, Resident of Blauvelt; Jack Lukens, Resident of Tappan; Maureen Reynolds, Resident of Pearl River; and Betty Slavin, Resident of Tappan and Mother-in-Law of the Director of OBZPAE, Jane Slavin.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

_________________________________

    Rosanna Sfraga, Town Clerk