Meeting Overview

TOWN OF ORANGETOWN

POLICE COMMISSION / TOWN BOARD MEETING MINUTES

February 11, 2020

 

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

 

Present were:

Councilperson Denis Troy

Councilperson Jerry Bottari

Councilperson Paul Valentine

Councilperson Thomas Diviny

Supervisor Teresa M. Kenny

 

Also Present:

 

Michael Lawler, Deputy Supervisor

Allison Kardon, Supervisor’s Confidential Assistant

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent Of Highways

Jane Slavin, Director Of OBZPAE

Eamon Reilly, Commissioner Of DEME

Aric Gorton, Supt Of Parks-Rec & Building Maint.

Donna Morrison, Human Resource Coordinator

Donald Butterworth, Police Chief

 

 

ANNOUNCEMENTS:

 

SUPERVISOR’S APPOINTMENT:

Carmel Reilly, Director of Economic Development and Tourism, effective February 10, 2020.

 

Orangetown will be hosting a Public Information Session regarding its participation in the Community Choice Aggregation (CCA) Program: Tuesday, February 25, 2020 – Court Room 1 6:00 P.M. to 7:00 P.M.

 

The Town of Orangetown would like to remind everyone that beginning on Sunday, March 1st, a new law that bans most single-use plastic bags at retail outlets, restaurants and grocery stores, will go into effect. Please remember to bring your reusable bags when you go shopping.

 

 

PRESENTATIONS:

 

PROCLAMATION FOR BLACK HISTORY MONTH – FEBRUARY 2020 honoring Pastor Brandon McLauchlin / St. Charles A.M.E Zion Church, Sparkill

 

APPLIED GOLF – Proposed Rate Changes at the Golf Courses and Overview of the pricing relative to other Golf Courses County-wide.

 

 

 

 

RESOLUTION NO. 99

ENTER EXECUTIVE SESSION

 

In attendance, at this Executive Session were Supervisor Teresa M. Kenny, Councilpersons Denis Troy, Thomas Diviny, and Paul Valentine, Michael Lawler, Rob Magrino, Jeff Bencik, Chief Butterworth, Captain Brown, Captain Shannon, PO Tierney and PO Costello.

 

RESOLVED, at 7:01 pm, the Town Board entered Executive Session, for the Police Department’s recap of the 2019 Department’s activities and personnel matters.

 

Supervisor Teresa Kenny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 100

RE-ENTER PC/TBM

 

RESOLVED, at 7:38 pm, the Town Board re-entered the Police Commission/Town Board Meeting.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 101

CONTINUE PH / ORANGEBURG COMMONS / AMEND SPECIAL PERMIT

 

RESOLVED, that the Public Hearing to consider the petition of Orangeburg Commons to Amend Special Permit, is hereby continued.

 

SUMMARY OF COMMENTS:

There were no public comments.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 102

CLOSE PH / ORANGEBURG COMMONS / AMEND SPECIAL PERMIT

 

RESOLVED, that the Public Hearing regarding the petition of Orangeburg Commons for an amendment to their Special Permit is hereby closed.

 

 

RESOLUTION NO. 102 – Continued

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 103

AUTHORIZE ISSUANCE / ORANGEBURG COMMONS / AMENDED SPECIAL PERMIT

 

WHEREAS, the Town Board of the Town of Orangetown (the “Town Board”) is the municipal entity, authorized under Chapter 43, § 4.32(O) and (P), and the related tables of General Use and Bulk and Area regulations, of the Town Zoning Ordinance to issue a Special Permit allowing mixed use developments and expansions at certain interchange locations in the Light Industrial (“LI”) zoning district in the Town of Orangetown; and

 

WHEREAS, by letter application dated October 29, 2019, and Petition dated October 18, 2019, FB Orangetown Retail, LLC and other related entities petitioned the Town Board to amend Town Code, Chapter 43 (Zoning) at § 4.32(O)(iv)(b)(2) to change the total gross floor area ratio that may be developed to not exceed 35% (instead of the previous 30%) for Mixed Use Developments and Mixed Use Expansions, relating to properties located in the “LI” zoning district in the vicinity of the intersection of State Rte. 303 and the Palisades Interstate Parkway (Exit 5 Interchange), in the Town of Orangetown; and

 

WHEREAS, on January 28, 2020, the Town Board, by Resolution No. 76 approved a Local Law amending the Town Zoning Law as set forth above to permit change the total gross floor area limitations form 30% to 35%, and

 

WHEREAS, as part of its letter application referenced above, the applicant simultaneously requested that the Board amend the existing Special Permit for Mixed Use Development on the property designated as Section 74.15, Block 1, Lot 21./1, 21./2, 21./3, 21./4 and 21/.5 and known as “Orangeburg Commons” (“the Project”) to permit the construction of a second hotel as set forth more fully in the petition, and

 

WHEREAS, the amended Special Permit application with respect to the hotel parcel, rather than two separate hotels as currently approved, to permit a Dual Brand Hotel in a single building, and

 

WHEREAS, on or about December 17, 2019, the Town Board circulated among all other involved and interested agencies notice of its intention to assume Lead Agency status for the purpose of the environmental review of the Project; and

 

WHEREAS, on or about December 17, 2019, the Town Board referred the Project to the Rockland County Department of Planning and Planning Board pursuant to General Municipal Law 239-l, 239-m and 239-n; and

 

WHEREAS, there being no challenge or objection filed to the Town Board’s status as Lead Agency by any other involved agency, on January 28, 2020, the Town Board declared itself Lead Agency for the coordinated environmental review of the Project; and

 

WHEREAS, the Town Board, acting both in its capacity as Lead Agency under SEQRA and in connection with its authority under the Town Zoning Ordinance to issue and amend Special Permits for mixed use developments, has considered the following plans, reports, comments and other documents:

1. Full Environmental Assessment Form, signed by Alfred Rossi, P.E. on behalf of the applicants;

 

RESOLUTION NO. 103 – Continued

 

2. Petition for Amendment of the Town Code signed by Richard Birdoff, Managing Member of the FB Orangetown Entities;
3. Plans and Drawings, “Amended Site Plan for Orangeburg Commons Residence Inn/Fairfield Inn Dual Brand Hotel,” prepared by Leonard Jackson Associates, last revised October 11, 2019, including the Overall Site Plan; and Part Plan.
4. Floor Plans and Elevations for the Residence Inn/Fairfield Inn Dual Brand Hotel, Prepared by JAL Architecture and Engineering, PC Dated October 23, 2019;

 

Overall First Floor Plan

Overall Second Floor Plan

Overall Exterior Elevations (with signage)

Partial Exterior Elevations

 

Rockland County Planning letter dated January 16, 2020 which indicated, among other items, that

1. The Town must consider the precedent being set which could result in a higher volume of traffic with greater parking requirem

 

Response: This is a de minimus change and the additional space is for a new enlarged and improved lobby, and lounge, among other amenities. The Board finds this change will not negatively impact local roads, sewer or stormwater management systems.

 

2. Spot zoning is rezoning of a single parcel or small area to benefit one or more property owners. The impact of the increase must be assessed, including the cumulative impact to the surrounding community.

 

Response: The de minimus change will not effect the neighboring properties to any significant degree. The property already has approval for the anticipated uses, and this change will not materially impact neighboring properties

 

WHEREAS, the Town Board adopted a Negative Declaration pursuant to SEQRA on January 28, 2020 by Town Board Resolution No. 2020-75 and,

 

WHEREAS, in making both this and its prior determination, the Town Board has also considered the following additional studies, reports and /or other assessments and reviews relating more generally to conditions in and about the area of the proposed development:

• Town of Orangetown Comprehensive Plan, adopted by the Town Board on May 12, 2003, and, in particular, Sections III-3 and V-I relative to the intersection area embraced by the proposed action;
• The Town’s existing Route 303 Overlay Zoning District zoning provisions;
• The Route 303 Sustainable Development Study, dated December 2002, prepared by Wilbur Smith Associates, for the Town of Orangetown, the New York State Department of Transportation, the County of Rockland, the New York Metropolitan Transportation Council; and
• PIPC Corridor Management Plan; and,

 

WHEREAS, a duly noticed public hearing session was conducted before the Town Board on February 11, 2020 in connection with the Applicant’s Amended Special Permit Applications, at which public comment was received and considered by the Board.

 

NOW, THEREFORE, BE IT RESOLVED, that, pursuant to Chapter 43 of the Zoning Ordinance, including § 4.32(O) and (P) and the related tables of General Use and Bulk and Area regulations in the Zoning Ordinance, the Town Board hereby issues an Amended Special Permit allowing modification of the previously issued Special Permit as follows: (i) The existing Special Permit for Mixed-Use Expansion on the property designated as Section 72.15, Block 1, Lots 21./1, 21./2, 21./3, 21./4 and 21./5 and known as “Orangeburg Commons” is hereby amended to permit a Dual Brand Hotel in accordance with the Petition permitting total gross floor area limitations from 30% to 35%;

 

1. Findings and Conditions

RESOLUTION NO. 103 – Continued

 

The within Amended Special Permit is granted for the integrated development of the Property with the types of uses, and generally in the manner, shown on the Applicant’s Concept Plan, last revised October 11, 2019 (hereinbefore referenced). The Town Board adopts the said Plans as the “Amended Site Plan for Orangeburg Commons Residence Inn/Fairfield Inn Dual Brand Hotel” for purposes of the issuance of this Amended Special Permit, subject to the caveat hereinbefore set forth that the Town Board’s use of the proposed Amended Concept Plan, prepared pursuant to § 4.32(O) and (P) as the basis for the Amended Special Permit Applications, unless otherwise expressly stated, is not intended to, nor shall it be construed as, approving the site specific details of the development that appear thereon other than the specified uses, the sizes, locations and configurations of the buildings, the points of access on Stevens Way and Greenbush Road, the size and location of buffers, the size of the pylon sign structure and the location of the stormwater basin along the Property’s frontage on Route 303.

 

Notwithstanding this caveat, the Town Board recognizes that the Site Plan is based upon and incorporates many of the elements of the Final Site Plan approved by the Planning Board. Nothing in this Resolution is intended to invalidate or annul the Planning Board’s prior approval of such elements unless specifically set forth herein, with the further understanding that, to the extent, the Planning Board, in the exercise of its site plan responsibilities, is required to modify one or more of those previously approved elements by reason of the nature and/or extent of changes approved by this Amended Special Permit, it may make such modifications or changes as required.

 

(2) Any change in the uses proposed for the site, now or in the future, shall require that the Applicant or any successor in title or interest to the Applicant return to the Town Board at which time the Town shall determine whether the new use or uses is consistent with the single, integrated plan of the development approved by the issuance of these Amended Special Permits.

 

(3) Any approved Amended Site Plan for the Amended Project shall include the vegetated and landscaped buffers adjacent to and along the property of the Palisades Interstate Park Commission (“PIPC”) at the distances shown on the Amended Concept Plan, which areas shall be maintained by the Applicant or any successor in title or interest to the Applicant to ensure the least possible visibility of the development from the Palisades Interstate Parkway.

 

There shall be no removal of any tree, bush or other growth in or any disturbance to the PIPC buffer except as otherwise approved by the Town Planning Board. A restrictive covenant shall be filed and recorded against the Property reciting this requirement.

 

(4) Any approved Amended Site Plan shall continue to comply with the requirements of §§ 4.32(O) (vi), 4.23(c), and 13.10(B)(4) of the Town Zoning Ordinance, and any related variances with respect to signage.

 

(5) The Applicant or any successor in title or interest thereto shall comply with all previous issued approvals with respect to the properties that are the subject of this Amended Special Permit.

 

(6) This Amended Special Permit is further conditioned on the grant of Amended Site Plan Approval by the Town Planning Board.

 

2. Additional Findings Made Pursuant to § 31 of the Town Zoning Ordinance

 

Pursuant to § 4.32(O)(xi) of the Town Zoning Ordinance, on the basis of the information set forth in the Amended Special Permit Application and the analyses, reviews and reports of the Town’s in-house and outside consulting professionals, the Town Board makes the following additional Findings under § 4.31 of the Town Zoning Ordinance:

 

(1) The Amended Project will continue to be appropriately located with respect to transportation, water supply, waste disposal, fire and police protection and other public facilities.

 

RESOLUTION NO. 103 – Continued

 

(2) The Amended Project will not cause undue traffic congestion or cause a traffic hazard.

 

(3) The Amended Project will not create, at any point of determination set forth in §§ 4.16, 4.17 or 4.18, any more dangerous and objectionable elements referred to in § 4.11 (fire, explosive, radioactive, noise, vibration, smoke, dust, odor or other form of air pollution, electrical or other disturbance, glare, liquid or solid refuse or waste, condition conducive to the breeding of rodents, insects or other substance, condition or element adversely affecting the surrounding area) than is characteristic of the uses expressly permitted as of right in the LI district.

(4) The Amended Project will not adversely affect the character of, or property values in, the area.

(5) The Amended Project will not otherwise impair the public health, safety, morals, convenience, comfort, prosperity and other aspects of the general welfare of the Town.

 

(6) The Amended Project must continue to comply with all other regulations applicable to the uses allowed and approved hereby.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

DISCUSSION:

 

WORKSHOP OF AGENDA ITEMS

 

 

RESOLUTION NO. 104

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:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

SUMMARY OF PUBLIC COMMENTS:

Esta Baitler, Sparkill, complained about Cablevision’s prices and services.  She suggested the Town form a Cable TV committee.

Mike Mandel, Pearl River, spoke about an Environmental Impact Study for the TOD.  The Town should take a look at other TODs to see if viable.

 

RESOLUTION NO. 105

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby closed.

 

 

 

 

RESOLUTION NO. 105 – Continued

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 106

AUTHORIZE THE DIRECTOR OF FINANCE TO SIGN ENGAGEMENT LETTER CAPITAL MARKET ADVISORS, LLC / FINANCIAL ADVISORY SERVICES  “NEW” MONEY BONDS

 

RESOLVED, that the Town Board authorizes the Director of Finance to sign an engagement letter with Capital Market Advisors, LLC to provide financial advisory services in association with the “New Money” bonds at a cost of $15,000. Additionally, if the Town goes through with an additional “Refunding Bond”, then this fee will be increased by an additional $7,500.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 107

ACCEPT / STATE AND MUNICIPAL FACILITIES PROGRAM GRANT (#21590)  IMPROVEMENTS TO VETERAN’S MEMORIAL PARK

 

WHEREAS, pursuant to a letter dated February 3, 2020, the Town of Orangetown has been approved by the State of New York to receive a State and Municipal Facilities Program (SAM) grant to be administered by the Dormitory Authority of the State of New York (DASNY) for Improvements to Veteran’s Memorial Park Playground, Project Identification #21590, in the amount of $250,000.00, subject to review and approval of DASNY and the submission of further documentation by the Town to DASNY and WHEREAS, the Town is eligible to apply for an additional $250,000.00 grant from DASNY for purposes of improvements to the Veteran’s Memorial Park Playground, and WHEREAS, the Town Board hereby finds that the Improvements to Veteran’s Memorial Park project and acceptance of the grant is a Type II action under SEQRA which requires no further review with respect to SEQRA, and

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby agrees to accept the SAM Grant from the State of New York, which is to be administered by DASNY, in the amount of $250,000.00 for the Veteran’s Memorial Park project, and

 

BE IT FURTHER RESOLVED, that the Supervisor or her designee is authorized to execute any and all documents necessary to accept and administer the grant for the Veteran’s Memorial Park in accordance with DASNY requirements, subject to review and approval of the Town Attorney’s Office.

 

BE IT FURTHER RESOLVED, the Town Board authorizes the Supervisor to make application as necessary to DASNY for an additional $250,000.00 grant for purposes of improvements to the Veteran’s Memorial Playground Project.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 108

APPOINT / REAPPOINT LIASIONS / 2020 / LAND USE BOARDS / COMMITTEES

 

RESOLVED, that the following Town Officials are hereby reappointed / appointed liaisons to the following Land Use Boards and Committees for 2020:

• ACABOR – Councilman Denis Troy
• Orangetown Air Quality Review Board – Supervisor Teresa Kenny
• Orangetown Blue Hill Golf Course Advisory – Councilman Paul Valentine
• Board of Assessment Review – Councilman Tom Diviny
• Board of Ethics – Deputy Supervisor Mike Lawler
• Orangetown Environmental Committee – Supervisor Teresa Kenny
• Historic Areas Board of Review – Councilman Jerry Bottari
• Orangetown Housing Authority – Councilman Denis Troy
• Office of Emergency Management Committee – Councilman Tom Diviny
• Parks and Recreation Development Advisory Committee – Councilman Jerry Bottari
• Orangetown Planning Board – Supervisor Teresa Kenny
• Orangetown Project Review Board – Supervisor Teresa Kenny
• Orangetown Sanitation Commission – Councilman Paul Valentine
• Orangetown Shade Tree Commission – Councilman Jerry Bottari
• Orangetown Senior Citizen Advisory Committee – Councilman Denis Troy
• Orangetown Substance Abuse Committee – Supervisor Teresa Kenny
• Orangetown Traffic Advisory Board – Councilman Paul Valentine
• Zoning Board of Appeals – Councilman Tom Diviny

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by

Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 109

REAPPOINT BLUE HILL GOLF COURSE COMMITTEE / 2020 / 1 YEAR TERM

 

RESOLVED, that the following are hereby reappointed as Members of the Orangetown Blue Hill Golf Course Committee, for a 1-year term, commencing on January 1, 2020 and expires on December 31, 2020: Lawrence Costello (Chairman) Evelyn Beckerle Sean Burke Joseph Green Robert Wells Patrick Shields Christina Heim Bruce Jensen Liaison: Councilman Paul Valentine

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 110

REAPPOINT / ORANGETOWN OFFICE OF EMERGENCY MANAGEMENT COMMITTEE / 2020 / 1 YEAR TERM

 

RESOLVED, that the following are hereby reappointed as Members of the Orangetown Office of Emergency Management Committee for a 1-year term, commencing on January

1, 2020 and expires on December 31, 2020:

1. O. Michael Yannazzone, Jr.

Chief Donald Butterworth

Mike Yannazzone

David Majewski

RESOLUTION NO. 110 – Continued

 

Jane Slavin

James Dean

Mark Albert

Elizabeth De Cort

Peter Byrne

Steve Harris

Maryanne Portoro

Robert Daly

Stephen Munno

Liaison: Councilman Diviny

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 111

APPOINT ORANGETOWN ENVIRONMENTAL COMMITTEE / 2020 / 1 YR TERM

 

RESOLVED, that the following are hereby appointed as Members of the Orangetown Environmental Committee, for a 1-year term, commencing on January 1, 2020 and expires on December 31, 2020:

Alexis Starke

Thomas O’Reilly

Fran Oldenburger

Don Steinmetz

Michael Andrea (Chairman)

Allan Ryff

Martyn Ryan

Heather Hurley

Maria Gagliardi

Watson Morgan

June Starke

Kerry Gorczynski

Michael A. Lockett

Lawrence Vail

Liaison: Supervisor Teresa M. Kenny

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 112

REAPPOINT / ORANGETOWN PARKS AND RECREATION DEVELOPMENT ADVISORY COMMITTEE / 2020 / 1 YEAR TERM

 

RESOLVED, that the following are hereby reappointed as Members of the Orangetown Parks and Recreation Development Advisory Committee, for a 1-year term, commencing January 01, 2020 and expires on December 31, 2020:

 

 

RESOLUTION NO. 112 – Continued

 

Anne Byrne

Watson Morgan

Kimball Parker

Micki Leader

Ironda Lynce

James Castagna

Michael Andrea

Annemarie Uhl

Aric Gorton, Superintendent of Parks & Recreation

Liaison: Councilman Jerry Bottari

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 113

REAPPOINT / SENIOR CITIZEN ADVISORY COMMITTEE / 2020 / 1 YEAR TERM

 

RESOLVED, that the following are hereby reappointed as members to the Senior Citizen Advisory Committee for a period of 1-year, commencing on January 01, 2020 and expires on December 31, 2020:

Catherine (Lovey) Albanese / Senior Leader

Marie Hoffman

Barbara Delo

Tom Williger

Viola Silverman / Trip Coordinator

Carmel Reilly, Clerk

Liaison: Councilman Denis Troy

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 114

REAPPOINT / ORANGETOWN PROJECT REVIEW COMMITTEE / 2020 / 1 YR TERM

 

RESOLVED, that the following are hereby reappointed as Members of the Orangetown Project Review Committee, for a 1-year term, commencing on January 1, 2020 and expires on December 31, 2020:

Jane Slavin (Chairperson)

Bruce Peters

Michael Bettmann

James Dean

Michael Yannazone

Deputy Town Attorney Rick Pakola

Liaison: Supervisor Teresa M. Kenny

 

RESOLUTION NO. 114 – Continued

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 115

REAPPOINT ORANGETOWN SHADE TREE COMMISSION / 2020 / 1 YEAR TERM

 

RESOLVED, that the following are hereby reappointed as Members of the Orangetown Shade Tree Commission, for a 1-year term, commencing on January 1, 2020 and expires on December 31, 2020:

Mary Vail

Laurie Peek

Mary Ellen Le Warn Joy Macy

Liaison: Councilman Jerry Bottari

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Supervisor Teresa Kenny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 116

APPOINT / REAPPOINT SUBSTANCE ABUSE COMMITTEE / 2020 / 1 YEAR TERM

 

RESOLVED, that the following are hereby appointed / reappointed as Members of the Substance Abuse Committee, for a 1-year term, commencing on January 01, 2020 and expires on December 31, 2020:

1. Robert Coleman

Joanne Goodman

Rudy Arietta

Norma Canals

Jean Robert Zephir

Despina Vougioukas

Lisa Leote

Michael Murphy

Sgt. Joseph Sullivan

Chief Donald Butterworth

Captain James Brown

Wayne Roimisher Jean Horan

Ron Garzia

Stephanie Finucane (Secretary)

Liaison – Supervisor Teresa M. Kenny

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

 

RESOLUTION NO. 117

APPOINT / REAPPOINT / ORANGETOWN TRAFFIC ADVISORY BOARD / 2020     1 YEAR TERM

 

RESOLVED, that the following are hereby appointed / reappointed as Members of the Orangetown Traffic Advisory Board, for a 1-year term, commencing on January 1, 2020 and expires on December 31, 2020:

Michael Yannazone (Chairman)

Margaret Warren

Robert Simon

Thomas Edattel

1. O. Michael Yannazone, Jr.

Morgan Strand

Robert Schelin

Paul Raso

Sgt. Kerri Schiller

Anthony Liminadri

Kathleen Murphy McGowan

Robert Morrison

Deputy Town Attorney Elizabeth Brancati

Clerk, Allison Kardon

Liaison – Councilman Paul Valentine

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

 

RESOLUTION NO. 118

REAPPOINT JOSEPH KENNETH BRADY-AMOON / MEMBER / ORANGETOWN BOARD OF ASSESSMENT REVIEW / 5 YEAR TERM

 

RESOLVED, that JOSEPH KENNETH BRADY-AMOON is hereby reappointed as Member to the Orangetown Board of Assessment Review for a period of 5-years, commencing January 1, 2020 and expiring on December 31, 2024.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 119

REAPPOINT MICHAEL MANDEL / CHAIRMAN / BOARD OF ETHICS / 2020          1 YEAR TEAM

 

RESOLVED, that MICHAEL MANDEL is hereby appointed Chairman to the Board of Ethics for a period of 1-year, commencing January 01, 2020 and expiring on December 31, 2020.

 

 

 

RESOLUTION NO. 119 – Continued

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 120

SET PUBLIC HEARING ON PROPOSED AMENDMENT TO TOWN CODE SECTION 30B-3 / POLLUTANT LIMITATIONS

 

RESOLVED that the Town Board will hold a public hearing on March 10, 2020, at 8:00 p.m., on a proposed amendment to Town Code, Section 30B-3, changing the limitation for mercury discharged into the Town sewer or storm water systems from 0.05 mg/L to 0.0005 mg/L.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 121

APPROVAL OF 2020 CERTIFICATE OF SEWER REGISTRATIONS

 

RESOLVED, that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2020 Sewer Work is approved to:

 

Cioffi 1, Inc., 27 Skyline Drive, Thiells, NY 10984

Innovative Excavating, Ltd., 15 Conklin Drive, Stony Point, NY 10980

RR Plumbing Services Corp. d/b/a/ Roto-Rooter, 525 Waverly Avenue, Mamaroneck, NY 10543

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 122

RETAINING/HIRING OF LAW FIRM/ATTORNEY ~ BARCLAY DAMON LLP (KEVIN G. ROE, ESQ., PRINCIPAL) ~ LITIGATION MATTER

 

RESOLVED that the Town Board authorizes the retaining/hiring of the law firm of Barclay Damon LLP (Kevin G. Roe, Esq., Principal) to represent the Town in defense of the tax certiorari proceeding known as Pfizer v. Town of Orangetown and Nanuet Union Free School District, regarding 401 North Middletown Rd., Pearl River, NY (Tax Map Designation 68.08-1-5); and authorizes the Supervisor, or her designee, to execute a retainer agreement provided by said law firm, upon review by, and approval of, the Town Attorney’s Office.

RESOLUTION NO. 122 – Continued

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 123

RECLASSIFY / WILLIAM LENNOX / AUTOMOTIVE MECHANIC / HIGHWAY

 

RESOLVED, upon the approval of a PO 27 by Rockland County Personnel, reclassify Assistant Automotive Mechanic William Lennox to the position Automotive Mechanic, Grade 15, Step 14, at a salary of $99,680.00, effective January 29, 2020.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 124

RECLASSIFY / JASON ELMENDORF / AUTOMOTIVE MECHANIC / HIGHWAY

 

RESOLVED, upon the approval of a PO 27 by Rockland County Personnel, reclassify Assistant Automotive Mechanic Jason Elmendorf to the position Automotive Mechanic, Grade 15, Step 8, at a salary of $95,238.00, effective January 29, 2020.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 125

GRANT PERMISSION TO ATTEND / 2020 GRASSROOTS ADVOCACY DAY / NYSAOT (New York State Association of Town Superintendents of Highways)

 

RESOLVED, upon the approval from the offices of Finance & Supervisor, that permission is hereby granted for the Superintendent of Highways to attend the annual 2020 NYSAOT Grassroots Advocacy Day Campaign in Albany, NY, March 3-4, 2020, at a cost of $306.28 to be charged to Account # A5010.480, for lodging, meals & travel.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 126

AWARD BID / MAINTENANCE & MINOR REPAIR OF VEHICULAR TRAFFIC & PEDESTRIAN CONTROL SIGNAL & DEVICES / VERDE ELECTRIC MAINTENANCE CORPORATION

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for Maintenance & Minor Repair of Vehicular Traffic & Pedestrian Control Signal & Devices, which were received and publicly opened on January 23, 2020 (Exhibit 02-A-20)

 

RESOLVED, that this bid is hereby awarded to Verde Electric Maintenance Corporation, the only qualified bidder, in the amount of $ 60,900.00 per year; $ 182,700.00 for a three year term.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO.127

PARKS AND RECREATION / 2020 FEE SCHEDULE

 

RESOLVED, upon the recommendation for the Superintendent of Parks and Recreation, approve the Parks and Recreation Departments 2020 Fee Schedule.

Town of Orangetown Department of Recreation and Parks 2020 Fee Schedule (Proposed)

 

Non-Resident Park Access Fees	Annual	Daily
Annual Pass	$250.00	$25.00
Senior (65 and over)	$150.00	$15.00
Young Adult (age 12-18)	$165.00	$16.00
Child (age 2-11)	$150.00	$15.00
Veterans	No Charge	No Charge

 

Orangetown Youth Groups 2.5 hrs. (softball 2 hrs.)
Location	2016 Fee	2020 Fee
Field/Courts/Rink w/o Light Use	No Charge	No Charge
Softball Fields/Courts w/Lights	$20.00	$25.00
Baseball Fields w/Lights	$30.00	$35.00
In-Line Rink w/Lights	$20.00	$25.00
Athletic Sports Camps (for profit)	$50.00 hr.	$55.00

 

Orangetown Adult Groups and Leagues 2.5 hrs. (softball 2 hrs.)
Location	2016 Fee	2020 Fee
Softball Fields w/o Lights	$40.00	$45.00
Softball Fields w/Lights	$65.00	$70.00
Baseball Fields w/Lights	$50.00	$55.00
Baseball Fields w/Lights	$75.00	$80.00
Athletic Fields/Courts w/o Lights	$40.00	$45.00
Athletic Fields/Courts w/Lights	$65.00	$70.00
In-Line Rink Use w/o Lights	$40.00	$45.00
In-Line Rink Use w/Lights	$65.00	$70.00

 

College Use Non-Turf Field
Location:	2016 Fee	2020 Fee
College Field Use w/o Lights	$300.00 3 hrs.	$150.00 3 hrs.
College Field Use w/Lights	$350.00 3 hrs.	$175.00 3 hrs.

 

Artificial Turf Field
Locatioooooooon	Resident 2016	Resident 2020	Non-Resident 2016	Non-Resident 2020
Soccer Complex w/o lights	$140.00 per hr.	$100.00 per hr.	$280.00 per hr.	$200.00 per hr.
Soccer Complex w/ lights	$155.00 per hr.	$115.00 per hr.	$310.00 per hr.	$230.00 per hr.

 

General Fees
Location	2016 Fee	2020 Fee
Park Permit for General Use	$35.00 plus labor	$40.00 plus labor
Showmobile Use Fee	$400.00 per event/day plus labor	$500.00 per event/day plus labor
Greenbush Auditorium (outside groups)	$45.00	$50.00
Court Room (outside groups)	$45.00	$50.00
Commercial Filming/Photography on Parkland	$100.00 per. hr.	$150.00

 

Non-Resident Groups/Organizations/Leagues 2.5 hrs. (softball 2 hrs.)
Location	2016 Fee	2020 Fee
Softball Fields w/o Lights	$80.00	$90.00
Softball Fields w/Lights	$130.00	$140.00
Baseball Fields w/o Lights	$100.00	$110.00
Baseball Fields w/Lights	$150.00	$160.00
Athletic Fields/Courts w/o Lights	$80.00	$90.00
Athletic Fields/Courts w/Lights	$130.00	$140.00
Park Permit for General Use	$70.00 plus Labor	$80.00 plus labor
In-Line Rink Use w/o Lights	$80.00	$90.00
In-Line Rink Use w/Lights	$130.00	$140.00

 

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 128

ACCEPT $250,000 GRANT FROM DASNY / PURCHASE OF SIX POLICE VEHICLES AND EXECUTE GRANT DISBURSEMENT AGREEMENT (GDS)

 

RESOLVED, that the Town hereby agrees to accept a grant from the Dormitory Authority of the State of New York (DASNY) pursuant to the State and Municipal Facilities Program (SAM) in the amount of $250,000.00 which will be utilized for the purchase of six equipped police vehicles, and authorizes the Supervisor or her designees to execute a Grant Disbursement Agreement (GDS) with DASNY in order to effectuate acceptance and utilization of the grant as set forth more fully therein.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 129

APPROVE / LEND ASSISTANCE / 2020 TAPPAN-ZEE HIGH SCHOOL 9th ANNUAL FLYING DUTCHMEN 5K

 

RESOLVED, upon the recommendation from the Superintendent of Highways & Chief of Police, that the Town Board hereby authorizes the Town of Orangetown Highway & Police departments to lend assistance which includes the use of barricades from the Highway Department & (5) Auxiliary Police Officers from the Police Department, for the Tappan Zee High School 9th Annual 5K Run/Walk to be held on Saturday, March 21, 2020, from 9am to 10am.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

 

RESOLUTION NO. 130

APPROVE / LEND ASSISTANCE / 2020 ST. PATRICK’S DAY PARADE

 

RESOLVED, upon the recommendation from the Superintendent of Highways & Chief of Police, that the Town Board hereby authorizes the Town of Orangetown Highway and Police Departments to lend assistance which includes the use of barricades, trash barrels, message board & painting of the green stripe from the Highway Department & police detail from OPD, for the St. Patrick’s Day parade to be held on Sunday, March 22, 2020, from 11 am – 5 pm.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 131

AUTHORIZE SUPERVISOR / ENGAGEMENT LETTER FROM O’CONNOR DAVIES/ ACCOUNTING SERVICES YEARS 2019 AND 2020 / $98,900.00 PER YEAR

 

RESOLVED, that the Town Board authorizes the Supervisor to sign an engagement letter from O’Connor Davies to provide accounting services for calendar year 2019 and 2020 at a cost of $98,900 per year. This amount is the same as the current year.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 132

PAY VOUCHERS

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of four (4) warrants for a total of $983,084.39.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

RESOLUTION NO. 133

ENTER EXECUTIVE SESSION

 

RESOLVED, at 8:36 pm, the Town Board entered Executive Session to discuss the proposed sale of real property when publicity might affect value and personnel matters.

 

 

RESOLUTION NO. 133 – Continued

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

RESOLUTION NO. 134

RE-ENTER RTBM / ADJOURNED / MEMORY

 

RESOLVED, at 9:13 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of: Eileen Cecelia Oliver, Mother of Town Employee Rick Oliver;  Valentino J. Calzetta, Father of Town Employee Gina Raymond; and Terry O’Keefe, resident of Pearl River, retired research scientist at the Nathan S. Kline Institute for Psychiatric Research in Orangeburg, NY, and volunteered with Orangetown Little League Baseball

 

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

 

Motion: 5 – 0

Ayes: Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes:  None

 

 

_________________________________

 Rosanna Sfraga, Town Clerk