Meeting Overview

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

VIDEO / TELECONFERENCE MEETING (COVID-19)

May 05, 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 (by Video/Teleconference)

Allison Kardon, Supervisor’s Confidential Assistant

Carmel Reilly, Director of Economic Development & Tourism

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk (by Video/Teleconference)

Robert Magrino, Town Attorney (by Video/Teleconference)

Jeff Bencik, Finance Director,

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Aric Gorton, Superintendent of Parks, Recreation & Building Maint

Donna Morrison, Human Resource Coordinator,

Anthony Bevelacqua, Director of Automated Systems

Matthew Lenihan, Computer Network Specialist

Donald Butterworth, Police Chief

 

PLEDGE OF ALLEGIANCE TO THE FLAG

 

MOMENT OF SILENCE

 

ANNOUNCEMENTS:

 POLICE COMMISSION has been cancelled

COVID-19 Financial Recovery:

1. Budgetary/deficit concerns due to reduction in revenue from sales tax, filming fees, golf fees, building application fees, mortgage tax, parking meters fees (offset by plowing/salt savings) + deficit of $1.4 million ;
2. Formation of Committee to help jump start economic development/business openings; and
3. Expedited procedure/waiving fees to allow outside dining/sales on a temporary basis or pending final approval.

 

Town Board Meeting Scheduled for May 19, 2020 will begin at 5:30 pm instead of 7:30 pm.

 

The following Memorial Day events have been cancelled for this year:

• Pearl River American Legion John H. Secor Post 329 Memorial Day Parade
• John M. Perry Post 1044 American Legion’s Palisades/Sparkill Memorial Day Services
• Charles R. and Raymond O Blauvelt Post 310 American Legion and Willie Polhemus Post 9215 of Upper Nyack Veterans of Foreign Wars and the Village of Nyack’s Memorial Day Service

 

Proclamation for Mental Health Awareness Month – May 2020 / NAMI of Rockland (National Alliance on Mental Health Illness in Rockland County) Highlighting “Trauma and Trauma Related Treatment due to the COVID-19 Pandemic”

 

Proclamation for National Police Week – Mon, May 11 – Sat, May 16, 2020

 

The Town of Orangetown has arranged a Virtual 5K Race benefiting the local food pantries in Orangetown. For further details, please visit our website at www.orangetown.com.

 

 

DISCUSSION:

WORKSHOP OF AGENDA ITEMS

 

PUBLIC COMMENT:

 

The Board will accept questions and comments before the meeting via e-mail at: supervisor@orangetown.com or by phone at (845) 359-5100 Ext. 2293 or at this meeting via teleconference.

 

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Please follow the instructions of the Supervisor so that the comments are received in an orderly fashion.

 

RESOLUTION NO. 218

OPEN PUBLIC COMMENT PORTION

 

RESOLVED, the Public Comment portion is hereby opened.

 

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, Supervisor Teresa M Kenny, Councilperson Denis Troy

 

Noes: None

 

 

Summary of Public Comments

Esta Baitler, Sparkill, spoke about the importance of wearing face masks and thanked Bill Schule for delivering meals to Camp Venture.

Nick Whalen, Orangetown PBA President, spoke about the pros and cons of the duties of the Police Officers.  There is a need of eight officers on every shift.  He is against reducing the minimum staffing requirements during this State of Emergency.

RESOLUTION NO. 219

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, the Public Comment portion is hereby closed.

 

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, Supervisor Teresa M Kenny, Councilperson Denis Troy

Noes: None

 

RESOLUTION NO. 220

FURLOUGH DEPUTY TOWN ATTORNEY / EMPLOYEE #4258

 

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 Deputy Town Attorney employee #4258, is hereby furloughed with regret from employment with the Town, effective May 15, 2020.

 

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

 

Motion: 5 – 0

 

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

 

Noes: None

 

 

RESOLUTION NO. 221

FURLOUGH ASSOCIATE JUSTICE COURT CLERK / EMPLOYEE #4077

 

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 Associate Justice Court Clerk employee #4077, is hereby furloughed with regret from employment with the Town, effective May 15, 2020.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 222

AUTHORIZE CHIEF OF POLICE (OR HIS DESIGNEE) TO REDUCE MINIMUM STAFFING REQUIREMENTS DURING THE STATE OF EMERGENCY

 

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

 

RESOLUTION NO. 222 – Continued

 

WHEREAS, the Town Board seeks to implement policies and procedures to safely reduce overtime costs and expenses during the pandemic,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Chief of Police (or his designee) to reduce the minimum staffing requirements during the State of Emergency.

 

Supervisor Teresa M Kenny offered the above resolution, which was seconded by Councilperson Paul Valentine and on a roll call was REMOVED from the agenda:

 

Motion: 4 – 1

 

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

 

Noes: Supervisor Teresa M Kenny

 

 

RESOLUTION NO. 223

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:

 

KJTM, Inc., 11 Hunter Place, West Nyack, NY 10994

United Sewer & Drain Service Corp., P.O. Box 123, Slate Hill, NY 10973,

 

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

 

Motion: 5 – 0

 

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

Noes: None

 

RESOLUTION NO. 224

AUTHORIZE INTERMUNICIPAL AGREEMENT WITH ROCKLAND COUNTY FOR REIMBURSEMENT OF THE COSTS OF LAW ENFORCEMENT OVERTIME FOR COUNTERTERRORISM TRAINING

 

WHEREAS, Rockland County, in an effort to provide financial assistance to local law enforcement and make a disbursement of grant funds from the New York State Law Enforcement Terrorism Prevention Program (LETTP) and State Homeland Security Program (SHSP) grants to the Town for law enforcement purposes only has proposed an intermunicipal agreement between the County and the Town, and

 

WHEREAS, the County of Rockland has agreed to reimburse the Town of Orangetown for the cost of law enforcement overtime for counterterrorism training, and

 

WHEREAS, the County of Rockland, pursuant to its Resolutions No. 445 and 470 of 2017 provided funds for such reimbursement, and pursuant to Resolution No. 171 of 2020 has agreed to recommend to the County Executive to approve the aforesaid Intermunicipal Agreement and to reimburse the Town of Orangetown in the amount of $29,641.46 for the above referenced overtime related to counterterrorism training for the period covering September 1, 2017 through August 31, 2018, and

 

WHEREAS, Article 5-G of the General Municipal Law authorizes municipal governments to perform together that which each government is authorized to perform individually and requires that any intermunicipal agreement be approved by each participating municipal corporation by a majority vote of its governing body, and

 

RESOLUTION NO. 224 – Continued

 

WHEREAS, the Town Board finds and determines that such agreement and reimbursement for training is in the best interests of the good and welfare of the Town in the operations of its governmental functions,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby approves entering into the Intermunicipal Agreement between the Town of Orangetown and County of Rockland as set forth in the County’s Resolution No 171 of 20202 with respect to the reimbursement of the sum of $29,641.46 for overtime costs incurred for counterterrorism training, and authorizes the Supervisor to execute the aforesaid Intermunicipal Agreement and any and all documents necessary to effectuate same.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 225

APPROVE / AUTHORIZE / TAX CERTIORARI SETTLEMENT / 20 MOUNTAINVIEW AVENUE / BCH Realty LLC v. TOWN, ET AL.

 

RESOLVED, that upon the recommendation of the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to execute settlement documents regarding the tax certiorari proceeding BCH Realty LLC v. Town of Orangetown, et al., venued in NYS Supreme Court, Rockland County (Index Nos. 032850/2015, 032451/2016, 032894/2017, 033760/2018 & 033434/2019), Tax Map designation 74.07-1-27 (20 Mountainview Avenue, Orangeburg), for a total refund by the Town of $40,561, a total refund by the South Orangetown Central School District of $106,272, and a total refund by the County of $11,337. The School Board approved this settlement at their 04/23/2020 meeting. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the Court Order, based upon the settlement, is served on the Rockland County Finance Department.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 226

APPROVE AGREEMENT / 2020 STORMWATER II EDUCATION PROGRAM / CORNELL COOPERATIVE EXTENSION

 

RESOLVED, The Town of Orangetown hereby authorizes the renewal of Stormwater II Education Program Agreement with Cornell Cooperative Extension of Rockland County for the 2020 period of April 1, 2020 – March 31, 2021 in the amount of $7,300.00.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 227

AWARD BID/ 2020 ROOF SERVICE & REPAIRS AT VARIOUS TOWN LOCATIONS

 

            WHEREAS, the Superintendent of Parks, Recreation & Building Maintenance duly advertised for sealed bids for the roof service and repairs at the BLUE HILL PRO SHOP / BLUE HILL RESTAURANT / ORANGEBURG LIBRARY / BUILDING DEPARTMENT / QUONSET HUNTS / POLICE BOOTH (PR), which were received and publicly opened on March 11, 2020; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 05-A-20, and made a part of these minutes.

 

NOW, THEREFORE, BE IT RESOLVED, that this bid is hereby awarded to Hayden Building Maintenance of Nyack, NY, the lowest qualified bidder, in the amount of $8,487.00.

 

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

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 228

APPROVE AGREEMENT / EN-TECH CORP / RIVER ROAD SANITARY SEWER IMPROVEMENTS

 

RESOLVED, that upon the recommendation of the Commissioner of DEME, authorize the Supervisor to execute an agreement between the Town and En-Tech Corp. relating to River Road Sanitary Sewer Improvements Cured-in-Place Pipe Method, at a cost of $33,048.00.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 AUDIT

 

RESOLUTION NO. 229

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 $2,415,001.60.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 RESOLUTION NO. 230

ENTER EXECUTIVE SESSION

 

In attendance, at this Executive Session, were Supervisor Kenny, Councilpersons Troy, Diviny, Valentine and Bottari, Michael Lawler, Robert Magrino, Jeff Bencik, James Dean, and Aric Gorton.

 

RESOLVED, at 6:36 pm, the Town Board entered Executive Session to discuss personnel matters and pending litigation.

 

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, Supervisor Teresa M Kenny, Councilperson Denis Troy

Noes: None

 

RESOLUTION NO. 231

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:  Joseph Arlotta, Nyack, & former Assistant Director at Tanglewood House; Sheila Banks, Venture Family; Elizabeth Brady, Blauvelt; Chandra Bullock, Piermont, & daughter of Charles Bullock Sr. & sister of retired Orangetown Police Officer Clifton Bullock; Charles Bullock, Sr., Ex-Chief with the Central Nyack Fire Company from 1978-1979 and Member for more than 50 years; former Clarkstown Police Officer in 1965; Palisades Interstate Parkway Police Officer; and retired NYS Police Trooper; and worked at Costco, Nanuet; Lois Ann Bullock, Piermont, & wife of Charles Bullock Sr. and mother of retired Orangetown Police Officer Clifton Bullock; Dominica Campanile, Brooklyn/Sparkill; Jo-Ann Chirico, Pearl River; Andrew Conklin, Venture Family; James Conte, Tappan; Gerard DeBlasi, Sparkill; Mary Ann DeBlasi, Sparkill; Imelda DeGuzman, Venture Family; Fred Drachman, Venture Family; Eleanor Erickson, Venture Family; Angeline Eazzetta, Valley Cottage; John Gannon, Valley Cottage; William Griffith, Pearl River & former Orangetown Councilman (1986 – 1987); Michael Hill, Pearl River; Denise Mac Donnell, Venture Family; Tammy Reister, Venture Family; Robert Samuels, Piermont; Allan Seebach, Jr., Tappan, & former Town employee at Blue Hill Golf Course, Tappan Fire Dept Life-long Member for 44 years; Berta Bella Shore, Nyack; Ellen “Eileen” Spencer, Pearl River & former Principal’s Assistant in the East Ramapo School District; Theresa Ann Tedesco, Sparkill, Venture Family; Dennis Vasillatos, WWII Veteran, Pearl River; Isaac Wright, Venture Family; and Ilse Zwyhun, Pearl River.

 

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, Supervisor Teresa M Kenny, Councilperson Denis Troy

Noes: None

 

 

 

 

 

 

_________________________________

      Rosanna Sfraga, Town Clerk