Meeting Overview

 

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

January 14, 2020

 

 

This meeting was opened at 7:30 PM. Supervisor Teresa M. Kenny presided and Rosana Sfraga, Town Clerk, called the roll.

 

Present were:

Councilperson Thomas Diviny

Councilperson Paul Valentine

Councilperson Denis Troy

Supervisor Teresa M. Kenny

 

Absent:

Councilperson Jerry Bottari

 

Also Present:

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

Anthony Bevelacqua, Director Of Automated Systems

Donald Butterworth, Police Chief

 

Pledge  of  Allegiance  to  the     Flag:  Esta Baitler

 

ANNOUNCEMENTS:

 

PUBLIC HEARING / RTBM OF January 28, 2020 AT 7:45 p.m. / Orangeburg Commons / Zoning Text Amendment / Special Permit Amendment

 

PUBLIC HEARING / RTBM OF January 28, 2020 AT 8:00 P.M. / Increase and Improvement of the Facilities of the Orangetown Sewer District in the Town of Orangetown, Rockland County

 

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

 

DISCUSSION:

 

• DESIGNATE MUNICIPAL & RECREATION LANDS (TOWN-OWNED LANDS AT RPC)
• WORKSHOP OF AGENDA ITEMS

 

 

RESOLUTION NO. 24

OPEN  PUBLIC     COMMENT  PORTION

RESOLVED, that the public portion is hereby opened.

 

SUMMARY OF PUBLIC COMMENTS:

Esta Baitler, Sparkill, congratulated and welcomed Teresa Kenny as our Town Supervisor.

Mike Mandel, Pearl River, spoke about the increase in taxes and the tax levy not being fair to the taxpayers; and a facelift to Pearl River rather than Transit Oriented Development Zoning.

Barbara Delo, Blauvelt, congratulated Teresa Kenny.  She asked that any potential plans, regarding RPC, that are given to the State also be available to the public.

Eileen Larkin, Palisades, complained about nine streetlights that are out, along Orangeburg Rd, between Dutch Hill Rd and Route 303.  She is in favor of reviewing and updating the Town Code as long as the character of Orangetown is kept.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 25

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: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 26

GRANT PERMISSION/ 2020 TRAINING SCHOOL AND ANNUAL MEETING OF ASSOCIATION OF TOWNS/ FEBRUARY 16-19

 

RESOLVED, that permission is granted to Elected Officials and Department Heads or their representatives to attend the 2020 Training School and Annual Meeting of the Association of Towns in New York City, February 16-19, 2020 with the Town paying cost of courses and travel to be charged to appropriate departmental accounts.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 27

APPOINT 2020 DELEGATE / ASSOCIATION OF TOWNS

 

RESOLVED, that Supervisor Teresa M. Kenny is hereby designated as the town delegate for the Association of Towns Meeting, February 16-19, 2020 with Rosanna Sfraga,

 

RESOLUTION NO. 27 – Continued

 

Town Clerk as the alternate delegate to represent and vote on behalf of the Town of Orangetown.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 28

AGREEMENT / MIMECAST NORTH AMERICA, INC / EMAIL SECURITY SERVICES

 

RESOLVED, upon the recommendation of the Director of Automated Systems, the Town Board hereby approves an AGREEMENT between the Town of Orangetown and Mimecast for Email Security Services for a period of one (1) year at a cost of $13,340.10. Approval is subject to final review by the Office of the Town Attorney. The Town will be reimbursed for the cost of services through a Cyber Security Grant from New York State.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 29

APPOINT MARY FERRARA / SECRETARIAL ASSISTANT (LEGAL) / PROVISIONAL

 

RESOLVED, Upon the recommendation of the Town Attorney and upon the retirement of the Secretarial Assistant (Legal), appoint Mary Ferrara to the position of Secretarial Assistant (Legal), provisional, Grade 12, Step 8 and a salary of $82,287.00, effective    January 6, 2020.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 30

APPOINT ELIZABETH BRANCATI / DEPUTY TOWN ATTORNEY

 

RESOLVED, that the Town Board hereby appoints Elizabeth Brancati as a part-time Deputy Town Attorney, at a salary of $55,000.00 per year, effective January 21, 2020, to serve at the pleasure of the Town Board.

 

RESOLUTION NO. 30 – Continued

 

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

 

Motion: 4 – 0

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

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 31

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:

 

Bertussi Contracting, Inc., 60-70 Dexter Place, Pearl River, NY

Dutra Excavating & Sewer, 10 Stone Hollow Road, Montvale, NJ

Rino Paving & Construction, Inc., 20 Viola Road, Suffern, NY

Michael Sasso Plumbing, Inc., P.O. Box 507, New City, NY

Kevin Stokes Excavating, Inc., P.O. Box 812, Pearl River, NY

Ronald Tarigo, 5 Crosscreek Lane, Stony Point, NY

Coppola Services, Inc., 28 Executive Parkway, Ringwood, NJ

Hewitt Excavating, LLC, 18 Broad Street, Norwood, NJ

Mouacdie Excavating Corp., 3 Ruhe Lane, West Nyack, NY

Tobar Excavating, Inc., 385 High Street, Norwood, NJ

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 32

APPROVE/ RFP / SIDEWALK SAWCUTTING / ALWAYS SAFE SIDEWALKS

 

RESOLVED, that upon the recommendation from the Superintendent of Highways, to approve the RFP for Sidewalk Sawcutting to Always Safe Sidewalks, Springhouse, PA, the only qualified bidder to meet Town Specifications, at a cost of $56.00 per inch/foot, not to exceed $40,000. Work completed under this contract will be charged to Account #A.5410.457

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 33

REJECT BID / NORTH MIDDLETOWN ROAD PEDESTRIAN LINK PROJECT

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, the Town of Orangetown rejects the bid from A-Tech Concrete, Edison, NJ, as one (1) bid, which

 

RESOLUTION NO. 33 – Continued

 

exceeded the allocated funding, that was received for the North Middletown Road Pedestrian Link Project, PIN 8780.54.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 34

APPROVE AMENDMENT B / 2018-2019 MUNICIPAL SNOW & ICE AGREEMENT

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, the Supervisor is hereby authorized to sign Amendment B to change the estimated expenditures for the 2018-2019 Municipal Snow & Ice Agreement, between the Town of Orangetown and the New York State Department of Transportation. The amount for the 2018-2019 Agreement is now $ 231,539.04; an increase of $ 2,519.22.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 35

CREATE / FOUR (4) MEO III POSITIONS / HIGHWAY DEPARTMENT

 

RESOLVED, upon the recommendation of Rockland County Personnel and the Superintendent of Highways, after the result of approval of a P.O. 27, create four (4) MEO III positions in the Highway Department, at a Grade 14.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 36

APPOINT / MEAGHAN GILLIAMS / POLICE OFFICER / PROBATIONARY- PERMANENT / EFFECTIVE JANUARY 15, 2020

 

RESOLVED, upon the recommendation of the Chief of Police, appoint MEAGHAN GILLIAMS from Rockland County List #(OC) 16097 to the position of Police Officer Probationary- Permanent, effective January 15, 2020, at a salary consistent with the terms of the labor agreement between the Town of Orangetown and the Orangetown PBA.

 

 

RESOLUTION NO. 36 – Continued

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 37

AWARD BID / FURNISHING OF POLICE DEPARTMENT UNIFORMS / 2020-2021 / D&E UNIFORM

 

WHEREAS, the Chief of Police duly advertised for sealed bids for the furnishing of Police Department Uniforms, 2020-2021 which were received and publicly opened on November 21, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 01-A-20, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that upon the recommendation of the Chief of Police, D&E Uniform is hereby award the bid for the furnishing of Police Department Uniforms, 2020-2021.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 38

RESIGNATION / RETIREMENT SGT. KIRK VEGA

 

RESOLVED, that upon the recommendation of the Chief of Police, accept with regret, the resignation/retirement of Sgt. Kirk Vega, from the Orangetown Police Department effective 1/24/20.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 39

GRANT PERMISSION FOR A P.O, TO ATTEND / ANNUAL HOSTAGE NEGOTIATION SEMINAR IN MARYLAND / FEBRUARY 11-12, 2020

 

RESOLVED, that the Town hereby grants permission for one Police Officer to attend Hostage Negotiation Seminar February 11-12, 2020 in Maryland at no cost to the Town. The Rockland County Sheriff’s Department will be covering the cost of attendance and hotels.

 

RESOLUTION NO. 39 – Continued

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 40

AWARD BID / DRY CLEANING, LAUNDERING, MINOR SEWING AND REPAIRS/POLICE DEPARTMENT UNIFORMS / 2020-2021 / THE WASHING BOARD

 

WHEREAS, the Chief of Police duly advertised for sealed bids for Dry Cleaning, Laundering, Minor Sewing and Repairs of Police Department Uniforms, 2020-2021 which were received and publicly opened on November 21, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 01-B-20, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that upon the recommendation of the Chief of Police, accept the bid from The Washing Board, Pearl River, for dry cleaning, laundering, minor sewing and repairs for Police Department uniforms, 2020-2021

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 41

APPROVE LICENSE AGREEMENT/TOWN OF RAMAPO/USE OF POLICE FIRING RANGE FACILITY

 

RESOLVED, upon the recommendation of the Chief of Police, the Town Board hereby authorizes the Town Supervisor or her designee to execute a license agreement under the terms and conditions as set forth therein and attached, for use by the Town of Orangetown Police Department and its officers use of the Town of Ramapo Police Firing Range Facility for the purposes of firearms training, at no cost to the Town. The agreement shall run from January 1, 2020 through December 31, 2020.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 42

ACCEPT USER AGREEMENT / OMM IMPROVEMENTS / SOCCER COMPLEX  TURF FIELD /

 

WHEREAS, the Town Board and OMM have been operating under a Use Agreement whereby the Town has granted OMM permission to use the Town owned property located

 

RESOLUTION NO. 42 – Continued

 

between Veterans Memorial Parkway and Old Orangeburg Road in the furtherance of OMM providing sports programs for the community and

 

WHEREAS, the Article V of the Use Agreement, last amended and updated on or about February 9, 2016, provides that any permanent improvements installed on the Town property by OMM and accepted by the Town would be considered a “gift” to the Town,

 

NOW THEREFORE, BE IT RESOLVED, that pursuant to Article V of the Use Agreement with OMM, the Town Board hereby accepts as a gift, land improvements at the Town owned property described therein and installed by OMM, which cost to OMM was in the amount of $128,842.

 

Date of Expenditure               Scope of Work                   Amount Paid by OMM

27-Feb-18                         Club Store                        $20,000

13-Mar-18                        Club Store                        $15,000

30-Apr-18                         Club Store                        $  6,293

1-May-18                         Club Store                        $28,000

14-Jun-18                         Club Store                        $  9,870

9-Feb-18                           Storage Container               $  6,280

15-Feb-18                         Storage Container               $  4,980

12-Oct-18                         Flagpoles                          $  1,744

11-Jun-18                         Parking Lot Paving             $29,500

11-Jun-18                         Parking Lot Paving             $  2,950

1-Nov-18                          Fencing                            $4,225

TOTAL $128,842

 

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

 

Motion 4 – 0

Aye:   Councilperson Denis Troy, Councilperson Thomas Diviny, Councilperson Paul Valentine, Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 43

GRANT PERMISSION / JANE SLAVIN / OBZPAE DIRECTOR / 2020 STORMWATER MANAGEMENT TRAINING / MIDDLETOWN, NY

 

RESOLVED, that permission is granted for Jane Slavin, Director, to attend the 2020 Stormwater Management Training series in Middletown, NY on the following dates, January 22, February 19, April 1, and April 22, at a cost of $500.00 for conference fee and travel expenses, charged to Account Nos. B.3620.441.17 ($300.00) and B.3620.480.17 ($200.00).

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

RESOLUTION NO. 44

APPOINT HUGH DAVIES / REAL PROPERTY APPRAISER / PROVISIONAL

 

RESOLVED, upon the recommendation of the Assessor and upon the retirement of the Real Property Appraiser, appoint Hugh Davies to the position of Real Property Appraiser, Grade 15, Step 5 at a salary of $86,529.00, effective January 6, 2020.

RESOLUTION NO. 44 – Continued

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 45

ENTER EXECUTIVE SESSION

 

In attendance, at this Executive Session were Supervisor Teresa M. Kenny, Councilpersons Denis Troy, Thomas Diviny and Paul Valentine, Rob Magrino, and Jeff Bencik.

 

RESOLVED, at 8:08 pm, the Town Board entered Executive Session to discuss the proposed acquisition/sale/lease of real property when publicity might affect value and personnel matters.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 46

 RE–ENTER RTBM / ADJOURNED / MEMORY

 

RESOLVED, at 8:40 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of: Father John Dwyer of Our Lady of Sacred Heart Church, Tappan / Retired USAF Colonel and Chaplain / Tappan Fire Department Chaplain since 1990; and Joyce Ann Woods, Resident of Pearl River.

 

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

 

Motion: 4 – 0

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

_________________________________

   Rosanna Sfraga, Town Clerk