Meeting Overview

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

VIDEO / TELECONFERENCE MEETING (COVID-19)

June 02, 2020

 

This meeting was opened at 5:30 PM. Supervisor Teresa M. Kenny presided and Rosanna 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

Carmel Reilly, Director of Economic Development & Tourism

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

Matthew Lenihan, Computer Network Specialist

 

Pledge of Allegiance to the Flag led by Esta Baitler

 

ANNOUNCEMENTS:

 

POLICE COMMISSION – cancelled

 

Discussion on the merger of responsibilities for Architecture and Community Appearance Board of Review (ACABOR) and Historic Areas Board of Review (HABR) –POSTPONED UNTIL FURTHER NOTICE

 

Virtual 5K Final Update

 

Kickstart Orangetown Update

 

DISCUSSION:

WORKSHOP OF AGENDA ITEMS

 

PUBLIC COMMENT:

 

The Town Board will accept questions and comments before the meeting via email at:

supervisor@orangetown.com or by phone at (845) 359-5100, Ext, 2293

 

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RESOLUTION NO. 244

OPEN PUBLIC COMMENT PORTION

 

RESOLVED, the Public Comment portion is hereby opened.

 

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

 

Motion: 5 – 0

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

Noes: None

 

Summary of Public Comments:

Eileen Larkin, Palisades, complimented the Highway Dept. for their set up to be able to get large lawn bags and recyclable bins.

 

RESOLUTION NO. 245

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, the Public Comment portion is hereby closed.

 

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

 

Motion: 5 – 0

 

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

Noes: None

 

RESOLUTION NO. 246

OPEN PH / PROPOSED LOCAL LAW / AMENDING CHAPTER 6 OF THE TOWN CODE RE ‘”BUILDING CONSTRUCTION ADMINISTRATION”, 6-5 “DUTIES AND POWERS OF BUILDING INSPECTOR” AND AMENDING CHAPTER 31B “SIDEWALK CAFES AND VENDING”

 

RESOLVED, that the public hearing 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 Denis Troy, Councilperson Jerry Bottari, Councilperson Paul Valentine, Councilperson Thomas Diviny, Supervisor Teresa M Kenny

Noes: None

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings; which are labeled Exhibit 06-A-20 and made a part of these minutes.

 

SUMMARY OF COMMENTS:

Esta Baitler, Sparkill, is against outside dining, not all restaurants is able to do outside dinning.

Barbara Delaney, Cathy O’Halloran, Anthony Shaut, and Matt Worgul, are in favor of outside dining (see Exhibit 06-B-20)

Annmarie Uhl, Blauvelt, asked if other Towns are shutting down streets and if restaurants are open for Sidewalk Cafes with limits and restrictions.  She is in favor of Sidewalk Cafes.

 

RESOLUTION NO. 247

CLOSE PH / PROPOSED LOCAL LAW, AMENDING CHAPTER 6 OF THE TOWN CODE REGARDING “BUILDING CONSTRUCTION ADMINISTRATION”, 6-5 “DUTIES AND POWERS OF BUILDING INSPECTOR” AND AMENDING CHAPTER 31B “SIDEWALK CAFES AND VENDING”

 

RESOLVED, that the public hearing is hereby closed.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 248  

ADOPT LOCAL LAW NO.   3,   2020 AMENDING CHAPTER 6, BUILDING CONSTRUCTION, ADMINISTRATION, OF THE TOWN CODE/AUTHORIZING DIRECTOR OF OBZPAE TO MODIFY REQUIREMENTS UPON TOWN BOARD APPROVAL DURING AND IN RESPONSE TO EMERGENCY

 

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

 

Motion: 5 – 0

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

Noes: None

 

LOCAL LAW NO.   3,   2020

AMENDING CHAPTER 6, BUILDING CONSTRUCTION ADMINISTRATION, OF THE CODE OF THE TOWN OF ORANGETOWN

 

Language to be deleted from the existing Code provisions are indicated by a strikethrough; and new language to be added is typed in bold and underscored.

 

Be it enacted by the Town Board of the Town of Orangetown as follows:

 

Section 1 – Legislative Findings, Objectives and Purpose of this Local Law No.    3    of 2020: The Town Board of the Town of Orangetown (“Town Board”) hereby finds that, as a result of the State disaster emergency for the entire State of New York declared by the Governor, the Local State of Emergency for the County of Rockland declared by the County Executive of Rockland County, and the Local State of Emergency for the Town of Orangetown declared by the Supervisor, with respect to the COVID-19 (a/k/a coronavirus) pandemic, which States of Emergency were declared in order to protect the health and safety of the public, and to help abate the spread of the COVID-19 virus, including Executive Orders issued to deter, dissuade, prevent or prohibit persons coming into close contact with one another, there has been a devastating detrimental impact to the viability of businesses in Orangetown, which businesses have been severely damaged, economically, and are also at grave risk of permanent closure, which has, and may have, substantial adverse impacts to Orangetown’s business districts, not only potentially causing blight and loss of employment or income to Orangetown residents, but also causing harmful ripple effects associated with economic depression throughout the entire Town. Therefore, the Town Board further finds that, to minimize these said adverse effects, detrimental impacts and harms to the Orangetown community, the Town must have the flexibility to modify, waive or adjust its various land use regulations, rules, procedures and provisions so as to better enable the Town’s businesses to attempt to remain viable and sustain economic recovery during a State of Emergency.

 

Section 2 – Section 6-5 of Chapter 6, Building Construction Administration, of the Code of the Town of Orangetown (“Orangetown Code”), shall be amended and, as amended, shall read as follows:

 

6-5. Duties and powers of Building Inspector/ Director of OBZPAE.

Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the construction, alteration, repair, removal and demolition of buildings and structures, and in the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.

 

The Building Inspector shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with laws, ordinances and regulations governing building construction.

 

The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors, or other employees, of the Town of Orangetown’s (hereinafter referred to as “Orangetown”) Office of Building, Zoning and Planning Administration and Enforcement (hereinafter referred to as “OBZPAE”), or from reputable service and inspection bureaus, provided the same are prepared and signed by a qualified professional.

 

Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations relating to building construction, the Building Inspector may require the performance of tests in the field, or on site of private property subject of a Building Permit application, by qualified professional(s), or by reputable testing laboratories, bureaus or agencies.

 

Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations relating to the use, maintenance or occupancy of land or buildings, including, but not limited to, assuring compliance with the performance standards set forth in § 4.1 of Chapter 43 (Zoning Code) of the Orangetown Code, and/or to assure compliance with the conditions of any applicable Orangetown land use board approval decisions, the Building Inspector may inspect, investigate and/or conduct tests, on site of private property that is the subject of an open Building Permit application or a nonresidential use that is subject to the performance standards (hereinafter referred to as “industrial user”), which may include, with regard to the performance standards, inspecting, investigating and/or conducting tests while all mechanical equipment, machinery, installations and systems, that are appurtenant to the use that is subject to the performance standards, are in full operation. For purposes of said inspections, investigations and/or tests, the Building Inspector may engage, employ or retain the services of the Orangetown Department of Environmental Management and Engineering (hereinafter referred to as “DEME”), and/or expert consultants, to the extent, type and/or degree that the Building Inspector, DEME, and/or the expert consultants, deem necessary. The said inspections, investigations and/or testing, on site of private property, shall only be conducted with the consent of the property owner, or a person in dominion, control or possession of, or with management or supervisorial authority over, the property; or at any reasonable hour if the Building Inspector has a reasonable suspicion, based on specific and articulable facts, taken together with rational inferences from those facts, associated with the particular property, that a violation of, or noncompliance with, the performance standards set forth in Zoning Code § 4.1, is being committed or is occurring, or has been committed or has occurred; or by execution of a judicially issued search warrant.

 

If, as a result of the Building Inspector’s said inspection, investigation and/or testing, relating to an alleged violation of, or noncompliance with, the performance standards (Zoning Code § 4.1) on the part of any industrial user, the Building Inspector has reasonable grounds to believe that a violation, or noncompliance, exists, subject to the provisions of Orangetown Zoning Code § 4.182 (as may be applicable), the Building Inspector shall notify the Zoning Board of Appeals of the occurrence or existence of such possible violation, or noncompliance, in accordance with Zoning Code § 10.335.

 

If, after public hearing on due notice, in accordance with Zoning Code § 4.13, the Zoning Board of Appeals finds that a violation, or noncompliance, occurred or exists, and revokes and rescinds its performance standards (Zoning Code § 4.1) approval decision, then the Building Inspector may revoke and rescind any Building Permit and/or Certificate of Occupancy that had been issued based upon such approval decision.

 

In addition to the powers and authority granted to the Building Inspector that are set forth above in this §6-5, the Director of the Orangetown Office of Building, Zoning and Planning Administration and Enforcement (OBZPAE; see Chapter 6A of the Orangetown Code), or the Director’s designee, shall have the additional emergency power and authority to modify, waive or adjust the regulations, rules, procedures and provisions of Orangetown Code Chapter 43 (Zoning) related to non-residential establishments/uses and Chapter 31B (Sidewalks Cafes and Vending) during times that a State, County or Local State of Emergency, that includes the Town of Orangetown, is in effect; or as part of the economic recovery from any such State of Emergency. The OBZPAE Director’s, or her/his designee’s, emergency power and authority, prescribed herein, may only be exercised with, and are subject to, the approval of the Town Board; and the Town Board may impose conditions, limitations, permitting processes or guidelines with respect to said power and authority, pursuant to the Town Board resolution authorizing the exercise of this emergency power and authority. The failure by any person, business entity, association, organization or company to abide by, comply with or adhere to any such Town Board resolution conditions, limitations or guidelines shall be a violation of this Section subject to penalty in accordance with Chapter 41A of the Orangetown Code.

 

Section 3 – This Local Law shall become effective immediately upon filing with the New York State Secretary of State.

 

RESOLUTION NO. 249

AUTHORIZATION FOR OUTDOOR DINING / SIDEWALK CAFES / ECONOMIC RECOVERY / COVID-19

 

WHEREAS, as a result of the COVID-19 crisis, the Governor of the State of New York has declared a State of Emergency and has issued Executive Orders pursuant thereto, and which Executive Orders have now authorized the opening and continued operation of businesses in the State, in Phases, depending upon the nature of the business, metrics related to infections, hospitalizations and deaths related to the pandemic, and

 

WHEREAS, businesses, employees and residents in the Town of Orangetown, as around the State, have incurred financial hardship as a result of the pandemic and the necessity to close certain businesses and limit the workforce, and

 

WHEREAS, the  Town of Orangetown, in an effort to assist with the economic recovery from the pandemic and the actions that were taken in response thereto, has formed an Economic Advisory Council to assist local businesses in their efforts to re-open in accordance with directives from the Federal and State authorities in a safe and responsible manner, and

 

WHEREAS, the Town in response to the COVID-19 crisis the Town of Orangetown has passed a local law authorizing the Director of OBZPAE, subject to the approval of the Town Board  and with conditions, limitations and/or guidelines that may be established by the Town Board, to take certain actions with respect to the Town Code during the economic recovery from the response to the pandemic, including the waiver, modification or adjustment of certain provisions of the Code, where appropriate, and the implementation of permitting processes related thereto,

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board, pursuant to the authority prescribed in Chapter 6-5(F) of the Orangetown Code, authorizes the Director of OBZPAE to waive, modify or adjust certain requirements of Chapter 31B-2 of the Orangetown Code relating to Sidewalk Cafes and Vending, specifically:

 

Section 31B-3(B)(1) requiring review and approval of permits for sidewalk cafes and vending to be reviewed by the Architecture and Community Appearance Board of Review – said requirement is hereby temporarily suspended through December 31,  2020.

 

Section 31B-4 indicating the Director shall grant or disapprove of the application within 30 days – said requirement is hereby amended, temporarily, to provide that the Director shall grant or disapprove of such an application within 7 days of its complete submission.

 

Any and all plans that are submitted, permits issued with respect thereto, and operations, shall be in accordance with any and all directives from the Governor regarding operations of the business pursuant to the phased re-opening requirements.

 

Section 31B-11 requiring a $100 permit fee-said requirement is hereby temporarily suspended through December 31, 2020.

 

BE IT FURTHER RESOLVED that the Director of OBZPAE be, and hereby is, authorized, as a matter of prosecutorial discretion, to suspend enforcement of the zoning regulations and requirements or land use restrictions to obtain an 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 subject to the following conditions:

 

All restaurants, including those previously authorized to provide outdoor seating, may seek approval to create and/or expand outdoor seating areas.  For purposes of this resolution, restaurants shall mean restaurants previously approved for interior seating and in-person dining, and shall not include restaurants that are takeout only and have not received approval for indoor seating.

 

Subject to the approval of the proposed seating and area layout, at the sole and absolute discretion of the Town, restaurants shall be permitted to create and/or expand outdoor seating areas into the sidewalk and parking lot areas owned or leased by the restaurant, provided the owner of the property approves of same.  Such areas shall be located within the property lines of the property owned or leased by the restaurant, and allow for a minimum of six feet for pedestrian traffic.

 

A permit application for Temporary Outdoor Dining must be submitted by the restaurant operator, and a permit issued by the Director of OBZPAE or her designee before outdoor dining is authorized.  The applicant shall submit as part of the application a sketch plan based upon a survey (or existing site plan) of the property, showing the proposed location of outdoor tables and chairs, with the total previously approved indoor dining capacity indicated, the reduced indoor capacity and the proposed total outdoor occupancy indicated, as well as the areas on-site devoted to off-street parking. Sketch plan must also include address of business, name of business, name of preparer and date.

 

As to be shown on the sketch plan, tables and chairs of non-fixed seating shall maintain appropriate social distancing standards and requirements of re-opening, as decreed by the Governor.

 

Upon approval, such sketch plan shall be signed, stamped and dated “Approved” by the Director of OBZPAE, and displayed on premises near the main entrance during operation.

 

No greater than 50% of the required on-site off-street parking area shall be obstructed, and outdoor dining and activities in such area shall close at 10 p.m. Sunday through Thursday and 11p.m. on Friday and Saturday.

 

Temporary structures, such as tents, awnings, umbrellas and other structures, may be authorized by the Town.  Applicants can apply for up to 50% of their approved interior occupancy, but may be approved for a lesser amount.

 

An onsite inspection is required by the Director of OBZPAE and the Fire Inspector or their designee prior to issuance of the Temporary Dining Permit.

 

Permits are not valid until the Governor permits restaurants to re-open pursuant to Executive Order.

 

Any Temporary Dining Permit issued pursuant to this resolution shall expire on December 31, 2020 or seven days after the State of New York authorizes restaurants to operate at 100% occupancy, whichever is sooner.

 

All compulsory social distancing, and other applicable COVID-19 requirements for the operation of any business under the Governor’s phased re-opening plan, shall be observed.

 

Permit holders must adhere to all other applicable Federal, State, and County statutes, laws, codes, rules and regulations with respect to business operations, including but not limited to State and County Health Department and State Liquor Authority regulations.

 

Any permits issued pursuant hereto, shall be revocable at the discretion of the Town Board, upon a finding that the permit holder has violated the terms of its permit, OR that the Outdoor Dining as may be authorized herein at a particular location constitutes a nuisance, or otherwise adversely impacts upon the health, safety and welfare of the community, and that upon such revocation, the applicant and any other interested parties may be given an opportunity to be heard by the Town Board in an effort to have such permit reinstated upon such conditions as the Town Board shall deem just and appropriate under the circumstances.

 

There shall be no fee for a Temporary Outdoor Dining Permit at this time.

 

The possession or consumption of an alcoholic beverage while a patron at an establishment with a Temporary Outdoor Dining Permit issued pursuant to this resolution, while within the confines of the permitted outdoor dining area, shall not be construed as a violation of Chapter 10 of the Town Code regarding open containers.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

 

RESOLUTION NO. 250

FURLOUGH TOWN CURATOR / EMPLOYEE #4243 / EFFECTIVE JUNE 8, 2020

 

WHEREAS, as a result of the COVID-19 crisis and the financial impact that same has and will continue to have on the Town government, its finances and operation, and

 

WHEREAS, certain operations of the Town have been limited as a result State directives and Executive Orders,

 

NOW THEREFORE, BE IT RESOLVED that Town Curator employee #4243, is hereby furloughed with regret from employment with the Town, effective June 8, 2020.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 251

APPROVE / 2020 HIGH SCHOOL PROJECT GRADUATION FUNDING

 

RESOLVED, that upon the recommendation of the Director of Finance, PROJECT GRADUATION funding for 2020 is hereby approved as follows and charged to Account A 4211.457:

 

Tappan Zee High School	$1,500.00
Nanuet Senior High School	$750.00
Nyack High School	$750.00
Albertus Magnus High School	$400.00
Pearl River High School	$1,500.00

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 252

AWARD CONTRACT / SPRAGUE ENERGY / NATURAL GAS FOR THE TOWN

 

RESOLVED, that upon the recommendation of the Director of Finance, the Town Board hereby authorizes the Town Supervisor, or her designated representative, to execute an Agreement with SPRAGUE ENERGY to supply the Town’s gas requirements for a period of 24 months, the said supplier having proposed the lowest fixed rate for the term of the Agreement.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

 

RESOLUTION NO. 253

HEALTH INSURANCE PREMIUMS / EXCLUSION LIST / SCHEDULE A CONTRIBUTIONS

 

WHEREAS, on or about December 11, 2006, the Town Board approved Resolution No. 835 that required certain employees on the Schedule “A” – Exclusion List to contribute to the cost of their health insurance premiums through 2009; and

 

WHEREAS, some of the titles have since changed, the resolution addressed a specific time period through 2009 and the current contribution amounts are not consistent among the employees;

 

NOW, THEREFORE BE IT RESOLVED that, unless otherwise covered by a separate written agreement with the Town or if the employee is already a retiree in the NYS Retirement System, effective immediately the following employees and anyone occupying such positions hereafter, are required to contribute 15% of the cost of health insurance premiums:

 

All Elected Officials

Assessor

Confidential Assistant to Town Supervisor

Deputy Commissioner of Department of Environmental Management & Engineering / Confidential Assistant

Chief Operator Grade 3 (Wastewater) / Deputy Commissioner of Department of Environmental Management & Engineering

Deputy Town Attorneys Deputy Town Clerk

Director of Automated Services

Commissioner of Department of Environmental Management and Engineering

Director of Office of Building, Zoning & Planning Administration & Enforcement

Finance Director

Human Resource Coordinator

Director of Economic Development and Tourism

Superintendent of Parks, Recreation and Buildings

Town Attorney

Town Curator

 

FURTHER, the Board finds that the current compensation paid to these employee as a Medical Insurance Buy-Out exceeds today’s standards and is hereby reduced to $2,500.00 for those eligible for an individual plan and $5,000 for those eligible for a family plan, effective June 8, 2020.

 

Supervisor Teresa M Kenny offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 254

APPROVE RENEWAL OF SCHOOL RESOURCE OFFICER AGREEMENT WITH SOUTH ORANGETOWN CENTRAL SCHOOL DISTRICT

 

WHEREAS, pursuant to Town Board Resolution 2018-440 and Section 119-0 of the General Municipal Law, the Town of Orangetown entered into an agreement with the South Orangetown Central School District (SOCSD) whereby the Town Police Department would assign a School Resource Officer (SRO) to the SOCSD for the 2018-19 school year, and

 

WHEREAS, the term of the agreement, the parties may renew the agreement on an annual basis, pursuant to the terms of reimbursement as set forth therein, and

 

WHEREAS, pursuant to resolution 2019-324, the Town agreed to renew the SRO Agreement with the SOCSD for the 2019/2020 school year, and

 

RESOLUTION NO. 254 – Continued

 

WHEREAS, the Town has received a letter from the SOCSD indicating that they wish to renew the agreement in accordance with the renewal terms thereof for the 2020/2021 School year,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby agrees to renew the SRO Agreement with the SOCSD, originally authorized pursuant to Town Board authorizes the Town to enter into an agreement with the SOCSD, for the 2020-2021 school year, under the terms and conditions as set forth in the agreement, and the SOSCD shall reimburse the Town in accordance with the terms of the agreement, and

 

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

 

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Chief of Police or his designee to execute any documents necessary to effectuate the terms of this resolution on behalf of the Police Department and to administer same on behalf of the Town and the Town Police Department.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO.255

AWARD BID / ONE (1) NEW LIGHT DUTY TRUCK / SCHULTZ FORD

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for one new Light Duty Truck, which were received and publicly opened on May 14, 2020; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 06-C-20, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that this bid for One (1) New Light Duty Dump Trucks is hereby awarded to Schultz Ford, Nanuet, New York in the amount of $79,000. Purchase will be charged to Account # H.5130.200.08.

 

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

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Supervisor Teresa M Kenny and was Adopted:

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 256

REJECT BIDS / NORTH MIDDLETOWN ROAD PEDESTRIAN LINK PROJECT

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for the North Middletown Road Pedestrian Link Project, which were received and publicly opened on February 27, 2020; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 06-D-20, and made a part of these minutes.  Now, Therefore, Be It

RESOLUTION NO. 256 – Continued

 

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, and the bid from Paladino Concrete Creations Corp., Mount Vernon, NY, as one (1) bid, which exceeded the allocated funding, that was received for the North Middletown Road Pedestrian Link Project, PIN 8780.54.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 257

AWARD CONTRACT / PETERSEN INDUSTRIES, INC. / SORCEWELL CONTRACT #041217-PII / ONE (1) REAR STEER LOADER

 

RESOLVED, upon the recommendation of the Superintendent of Highways, award the contract for the purchase of One (1) Rear Steer Loader to Petersen Industries, Inc. as per Sorcewell Contract #041217-PII in the amount of $184,033.00 to be charged to account # H.5130.200.08.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 258

APPROVE EXTENSION OF MANAGEMENT CONTRACT WITH APPLIED GOLF FOR THE BROADACRES GOLF COURSE

 

WHEREAS, by resolution 96 of 2014, the Town Board approved a Management Contract for a period of three years with APPLIEDGOLF, LLC (“Applied”) for the private management of the Broadacres Golf Course; and

 

WHEREAS, the Request for Proposals which led to the Agreement with Applied, authorized, subject to agreement by the parties, up to two (2) one-year extensions; and

 

WHEREAS, the three year term of the initial Agreement between the Town and Applied expired December 31, 2016, and Applied has requested that the Town extend the Agreement for an additional year, as proposed in the RFP, at the same fee, subject to adjustment based on related performance goals, as was paid in any one of years 1, 2 or 3 of the Agreement, at the Town’s option; and

 

WHEREAS, pursuant to Town Board Resolution 53 of 2017 the Town Board authorized an extension of the Agreement through December 31, 2017, and

 

WHEREAS, the parties have continued to operate under the terms and conditions of the initial Agreement for services and payment with the fee and performance amounts applicable in year 2015, however due to circumstances related to the potential sale of the property, no written extension agreement was formally executed between the parties, and

 

WHEREAS, the Town Finance Director, in consultation with the Town Superintendent of Parks, Recreation and Buildings, following a review of the income and revenue statements for the past three years, has concluded that the Town’s financial interests would be best served were the Town to extend the Agreement based on the fee/performance goals as applied for the years 2018, 2019 and 2020; and

 

WHEREAS, by extending the Agreement, the Town will continue to receive a $50,000.00 discount that exists under its Management Agreement with Applied for Applied’s management of the Blue Hill Golf Course, which discount exists for however so long Applied manages both golf courses; and

 

WHEREAS, the Management Agreement between the Town and Applied Golf expires at the end of 2020, at which time it would be the Town’s intention to seek a Request for Proposals, to the extent practicable, for the operation of both Town owned golf courses in conjunction with each other, and

 

WHEREAS, the Town Board has determined that it is in the best economic interests of the Town to extend the Agreement between the Town and Applied for the years 2018, 2019, nunc pro tunc, and 2020 on the same terms and conditions as set forth in the Agreement between the parties at the fee and performance amounts applicable in year 2015,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves an extension of the Management Agreement between the Town and AppliedGolf for the management of the Broadacres Golf Course for the 2018, 2019 and 2020 golf seasons on the terms set forth in the Management Agreement between the parties, at the financial terms set forth therein as applicable to the second year of the Agreement, to wit, 2015; and

 

BE IT FURTHER RESOLVED, that the Town Supervisor, or her designated representative, shall be authorized to execute an Extension Agreement pursuant to the terms and conditions of this resolution.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 259

APPOINT / KEVIN CULLY / POLICE OFFICER / PROBATIONARY-PERMANENT

 

RESOLVED, upon the recommendation of the Chief of Police, appoint KEVIN CULLY from Rockland County List #(OC) 16097 to the position of Police Officer/Probationary-Permanent, effective June 3, 2020, at a salary consistent with the terms of the labor agreement between the Town of Orangetown and the Orangetown PBA.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 260

APPOINT / EAMONN NOONAN / POLICE OFFICER / PROBATIONARY – PERMANENT  

 

RESOLVED, upon the recommendation of the Chief of Police, appoint EAMONN NOONAN from Rockland County List #(OC)16097 to the position of Police Officer/Probationary/Permanent, effective June 3, 2020, at a salary consistent with the terms of the labor agreement between the Town of Orangetown and the Orangetown PBA.

 

RESOLUTION NO. 260 – Continued

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 261

PROMOTE CHRISTOPHER TIERNEY / POLICE SERGEANT / TOWN OF ORANGETOWN POLICE DEPARTMENT

 

RESOLVED, that upon the recommendation of the Chief of Police, promote Christopher Tierney from Rockland County civil service list # 17052/77-427, to the position of Police Sergeant/Town of Orangetown, effective June 3, 2020 at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

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

 

Motion: 4 – 1

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

Noes: Councilperson Paul Valentine

 

 

RESOLUTION NO. 262

ACCEPT RESIGNATION / RETIREMENT SLUDGE PROCESSING EQUIPMENT OPERATOR I / KEITH BRENNAN

 

RESOLVED, accept with regret the resignation / retirement of Sludge Processing Equipment Operator I, KEITH BRENNAN, from DEME, effective June 26, 2020.

 

Supervisor Teresa M Kenny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 263

APPOINT / JUSTINE FAVRE / CHEMIST / PERMANENT

 

RESOLVED, Upon the recommendation of Rockland County Personnel, appoint Justine Favre to the position of Chemist in DEME, from EL#20139, RC-NCP (Rockland County Non-Competitive Promotion), permanent, no change in salary, Grade 15, Step 14, $99,681.35, effective June 3, 2020.

 

Supervisor Teresa M Kenny offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 264

ACCEPT / RECEIVE / FILE DOCUMENTS/TOWN CLERK’S OFFICE

 

RESOLVED that the following documents are accepted, received and filed in the Town Clerk’s Office:

 

1. Town Board Meeting minutes: April 21, 2020, May 5,2020 & May 19, 2020 Regular Town Board Meeting
2. Agreement: Rockland County, Drug Task Force, Assistant Director Debt Statement for 2020 Bonding (dated May 4, 2020).
3. Pearl River Fire District’s Financial Statements, dated December 31, 2019.
4. Agreement: Adopt-A-Spot, Advanced Landscape Solutions
5. Agreement: Sunrise Medical Laboratories (COVID-19 & antibody testing)

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 265

2019 FINAL BUDGET ADJUSTMENTS

 

RESOLVED, that based upon the recommendation of the Finance Director, the Town Board approves the following 2019 final Budget line reallocations and additional usage of Fund Balance (See Exhibit 06-E-20 for details):

 

General Fund: Additional Fund Balance usage of $328,128.

Town Outside Village – Police.

Town Outside Village – Other: Additional Fund Balance usage of $541,334.

Highway-Part Town: Additional Fund Balance usage of $408,994.

Highway- Town Wide:

DEME.

Pearl River Parking District: Additional Fund Balance usage of $25,415.

Debt Service Fund.

 

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

 

Motion: 5 – 0

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

Noes: None

 

AUDIT

 

RESOLUTION NO. 266

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 three (3) warrants for a total of $625,893.01 and authorize Town Supervisor to sign audit sheet on behalf of the Town Board.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 267

ENTER 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.

 

RESOLVED, at 6:40 pm, the Town Board entered Executive Session to discuss proposed, pending or current litigation, and matters which imperil safety if disclosed.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 268

RE-ENTER RTBM / ADJOURNED / MEMORY

 

RESOLVED, at 7:30 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of:  Bruce J. Acheson, father of Town employees Michael Acheson of the Building Dept and LT. James Acheson of the OPD: Robert Lehan, member of Excelsior No. 1 Rescue, Pearl River; Barbara Paccione, sister-in-Law of Town Employee Donna Morrison; and Margaret Sheehan, Pearl River.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

 

 

 

_________________________________

       Rosanna Sfraga, Town Clerk