Meeting Overview

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

January 07, 2020

 

This meeting was opened at 7:35 PM. Supervisor Teresa M. Kenny presided and Rosana Sfraga, Town Clerk, called the roll.

 

Present were:

Supervisor Teresa M Kenny

Councilperson Thomas Diviny

Councilperson Paul Valentine

Councilperson Denis Troy

 

Absent:

Councilperson Jerry Bottari

 

 

Also Present:

Michael Lawler, Deputy Supervisor

Allison Kardon, Supervisor’s Confidential Assistant

Greg Garvey, Coordinator Economic Development / Filming

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

Matt Lenihan, Computer Network Specialist

Donald Butterworth, Police Chief

Michael Shannon, Police Captain

 

PRESENTATIONS / ANNOUNCEMENTS:

 

Orangetown Police Guard presents the colors

 

Pledge of Allegiance to the Flag of the United States of America:

Teresa Hartey-Adametz, Ladies AOH President-Elect

 

“The Star Spangled Banner”:  St. Charles A.M.E. Zion Church Choir of Sparkill

 

INVOCATION: Rev. Msgr. Emmet R. Nevin, Pastor of St. Aedan’s Church, Pearl River

 

Honorable Richard Finning administers the Oath of Office to Rosanna Sfraga, Town Clerk

 

Rosanna Sfraga, Town Clerk, administers the Oath of Office to:

Teresa M. Kenny, Supervisor

Paul Valentine, Town Council

Patrick Loftus, Town Justice

 

Cheryl Dean Ward administers the Oath of Office to:

James Dean, Superintendent of Highways

 

Orangetown Police Honor Guard to retire colors

 

Medley of Music:  Rockland County Ancient Order of Hibernians Pipe Band

 

2020 STATE OF THE TOWN SPEECH:

Town of Orangetown Supervisor Teresa M. Kenny

 

SUPERVISOR’S APPOINTMENTS:

Jeffrey Bencik, Finance Director

Allison Kardon, Confidential Assistant to Supervisor

Michael Lawler, Deputy Supervisor

Mary Cardenas, Town Historian

 

COMMENTS FROM THE TOWN BOARD:

 

BENEDICTION: Rabbi Daniel Pernick of Beth Am Temple, Pearl River, NY

 

“AMERICA THE BEAUTIFUL”:  St. Charles A.M.E. Zion Church Choir, Sparkill, NY

 

RECESS / REFRESHMENTS SERVED

 

 

RESOLUTION NO. 3

OFFICIAL UNDERTAKING FOR ELECTED AND APPOINTED OFFICIALS

 

RESOLVED, that upon the recommendation of the Director of Finance, Jeff Bencik, to approve Official Undertaking to be filed in the Rockland County Clerk’s Office for elected and appointed officials, officers and employees as the Town Board may require for the faithful performance of their duties and the prompt and proper account for paying over all money received by said employees in their official capacities.

 

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. 4

2020 / MARRIAGE OFFICERS

 

RESOLVED, the following are designated as Marriage Officers effective January 1, 2020 – December 31, 2020, at no salary:

 

Supervisor Teresa M. Kenny

Councilman Thomas F. Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

Councilman Denis Troy

Town Clerk, Rosanna Sfraga

 

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. 5

2020 / OFFICIAL NEWSPAPER

 

RESOLVED, that the Town Board hereby designates the Journal News as the official newspaper of the Town pursuant to NYS Town Law Section 64 (11), and the Journal News and the Rockland County Times, for additional notices as the Board may determine necessary or advisable, on a case by case basis.

 

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

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Denis Troy

Supervisor Teresa M. Kenny

Noes: Councilperson Thomas Diviny

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 6

2020 BANKING DEPOSITORIES

 

RESOLVED, that the following banks are designated as the banking depository for the Town of Orangetown:

 

1. P. Morgan Chase

Key Bank

TD Bank

Sterling National

Connect One

 

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

 

Motion: 4 – 0

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

Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 7

2020 BANKING DEPOSITORIES / COLLECTION OF TAXES

 

RESOLVED, that the following banks are designated as the banking depository for the Collection of Taxes (Town Clerk’s Office):

 

1. P. Morgan Chase

Sterling National

 

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. 8

REAPPOINT / REGISTRAR OF VITAL STATISTICS / ROSANNA SFRAGA

 

RESOLVED, that Rosanna Sfraga, Town Clerk, is hereby reappointed Registrar of Vital Statistics, effective January 1, 2020 through December 31, 2020.

RESOLUTION NO. 8 – 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. 9

REAPPOINT / RECORDS MANAGEMENT OFFICER (RMO)

 

RESOLVED, that Rosanna Sfraga, Town Clerk, is hereby reappointed Records Management Officer (RMO).

 

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. 10

REAPPOINT / RECORDS ACCESS OFFICER (RAO) / 2020 / DEPARTMENT HEADS

 

RESOLVED, that the Town Board reappoints each Department Head as Records Access Officer (RAO) for their Department records, effective January 1, 2020 through December 31, 2020.

 

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. 11

REAPPOINT TERESA ACCETTA-PUGH / RIMA DEL VECCHIO / DEPUTY REGISTRARS OF VITAL STATISTICS

 

RESOLVED, that upon the recommendation of the Town Clerk, that Teresa Accetta-Pugh and Rima Del Vecchio are hereby appointed Deputy Registrar(s) of Vital Statistics.

 

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. 12

REAPPOINT / JOSEPH THOMASSEN / 1ST DEPUTY TOWN CLERK / COLLECTOR

 

RESOLVED, that the Town Board hereby recognizes and reaffirms the reappointment of Joseph ThomassEn by the Town Clerk to the position of First Deputy Town Clerk / Collector.

RESOLUTION NO. 12 – Continued

 

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. 13

INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES

 

RESOLVED, that the provisions of Section 18 of the Public Officers’ Law concerning defense and indemnification shall apply to the officers and employees of the Town of Orangetown who are named defendants in any action arising out of the proper performance of duties to the fullest extent permissible by law, including, but not limited to, punitive damages, and the benefits of Section 18 shall extend to all such employees, and;

 

BE IT FURTHER RESOLVED that all necessary and reasonable costs for providing this benefit shall be a proper Town charge.

 

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. 14

AUTHORIZE TOWN ATTORNEY TO INSTITUTE AND DEFEND ACTIONS

 

RESOLVED, that for the year 2020, the Town Board hereby authorizes the Town Attorney to take all necessary steps to institute actions on behalf of or defend any proceedings brought against the Town of Orangetown, its agencies and employees, and

 

BE IT FURTHER RESOLVED that this Resolution is hereby made retroactive to  January 1, 2020.

 

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. 15

APPOINT ROBERT V. MAGRINO / TOWN ATTORNEY / JANUARY 1, 2020 THROUGH DECEMBER 31, 2021

 

RESOLVED, that pursuant to the provisions of Town Law §20 and Town Law §24 the Town Board hereby reappoints Robert V. Magrino as Town Attorney, effective January 1, 2020 through December 31, 2021.

 

 

RESOLUTION NO. 15 – Continued

 

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. 16

APPOINT BRITTANY PATANE CORDERO / DEPUTY TOWN ATTORNEY / EFFECTIVE JANUARY 13, 2020

 

RESOLVED, that the Town Board hereby appoints Brittany Patane Cordero as a part-time Deputy Town Attorney, at a salary of $55,000.00 per year, effective January 13, 2020, to serve at the pleasure of the Town Board.

 

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

 

Motion: 4 – 0

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

Supervisor Teresa M. Kenny

Noes: None

Absent:  Councilperson Jerry Bottari

 

RESOLUTION NO. 17

ADOPT PROCUREMENT POLICY 2020

 

WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML Section 103 or any other law; and

 

WHEREAS, the Town Board having previously adopted a procurement policy pursuant to Town Board Resolution 2019-192,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby re-adopt the procurement policy annexed to this Resolution, which is intended to apply to all goods and services which are not required by law to be publicly bid.

 

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. 18

ADOPT THE TRAVEL AND CONFERENCE POLICY / 2020

 

WHEREAS, the Town Board has determined that it is in the best interests of the Town to adopt the Travel and Conference Policy, which will establish guidelines for the reimbursement of town business related travel and out-of- town travel expenses by officers and employees; and

 

WHEREAS, the Town Board having previously adopted a Travel and Conference Policy pursuant to Town Board Resolution 2019-193,

 

RESOLUTION NO. 18 – Continued

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby re-adopt the Travel and Conference Policy as annexed hereto.

 

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. 19

ACCEPT GRANT FROM NYS EFC FOR TELEMETRY UPGRADES TO THE ORANGETOWN WASTEWATER TREATMENT PLANT

 

WHEREAS, the Town has received notification that the New York Environmental Facilities Corporation (EFC) has awarded to the Town a NYS Water Infrastructure Improvement Act (WIIA) grant for the project, identified as Project No. C3-5345-09-00 “Telemetry Upgrades to the Orangetown WWTP” in an amount not to exceed $96,000.00, and

 

WHEREAS, EFC has indicated the Town must confirm its acceptance of the grant award and intent to proceed with the project no later than January 17, 2020, and

 

WHEREAS, the Department of Environmental Management and Engineering applied for and recommends acceptance of said grant to fulfill a need for improvements to the Town’s WWTP,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby confirms its intention to proceed with the Telemetry Upgrades to the Orangetown WWTP project and accepts the NYS ECF WIIA Grant in an amount not to exceed $96,000.00 and authorizes the Supervisor or her authorized representative to confirm said acceptance and execute an “Acknowledgement and Acceptance of WIIA Grant Award”, and

 

BE IT FURTHER RESOLVED, that the Supervisor or her designee is authorized, pursuant to this Resolution to enter into a Grant Agreement with EFC regarding this WIIA Grant, no later than June 25, 2021, subject to review and approval of the Town Attorney’s Office, and

 

BE IT FURTHER RESOLVED that by confirming the Town’s intention to accept the WIIA Grant, the Town hereby confirms its intent to proceed without Clean Water State Revolving Fund (CWSRF) financial assistance.

 

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. 20

SET DATE FOR PUBLIC HEARING / INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE ORANGETOWN SEWER DISTRICT IN THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NY / $2,631,500

 

RESOLVED, that the public hearing regarding the Increase and Improvement of the Facilities in the Orangetown Sewer District (with a maximum cost of $2,631,500) in the Town of Orangetown, Rockland County, NY is hereby scheduled for the RTBM of January 28, 2020 at 8:00 P.M.:

RESOLUTION NO. 20 – Continued

 

In the Matter of The Increase and Improvement of the Facilities of the Orangetown Sewer District, in the Town of Orangetown, Rockland County, New York

 

ORDER CALLING PUBLIC HEARING

 

WHEREAS, the Town Board of the Town of Orangetown, Rockland County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Orangetown Sewer District, in the Town of Orangetown, Rockland County, New York, consisting of the construction of various sewer system related improvements and the acquisition of equipment and vehicles, at a maximum estimated cost of $2,631,500; and

 

WHEREAS, after a public hearing thereon the Town Board approved the project and authorized financing thereof:

 

WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of the Orangetown Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202 b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Orangetown, Rockland County, New York, as follows:

 

Section 1. A public hearing will be held at the Town Hall, in Orangeburg, New York, in said Town, on January 28^th, 2020, at 8:00 o’clock P.M., Prevailing Time, on the question of the increase and improvement of the Orangetown Sewer District, in the Town of Orangetown, Rockland County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law.

 

Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing.

 

Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof.

 

Section 4. This Order shall take effect immediately.

 

The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows:

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and on a roll call 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. 21

AMEND TOWN BOARD CALENDAR / POLICE COMMISSION MEETING / AMEND DATE OF JANUARY 14, 2020 TO JANUARY 28, 2020

 

RESOLVED, that upon the recommendation of the Police Chief, amend Town Board Calendar to reschedule the Police Commission Meeting from January 14, 2020 to January 28, 2020 to begin at 7:00 P.M.

 

RESOLUTION NO. 21 – Continued

 

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. 22

PAY VOUCHERS

 

RESOLVED, upon the recommendation of the Director of Finance Director, the Finance Office is hereby authorized to pay vouchers for a total amount of four (4) warrants for a total of $2,322,417.75 .

 

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. 23

ADJOURNED / MEMORY

 

RESOLVED, at 8:55 pm, the Town Board adjourned in memory of: Leonard Feroldi, Father of Town Employee Chris Feroldi (Highway); and the former Alternate Member of the Town’s Zoning Board of Appeals; Patrick Murray, resident of Camp Venture, Sparkill; Teresa O’Sullivan, Resident of Blauvelt, Kurt Ott, Resident of Pearl River and former Manager of the Noble Ninth German Masonic Park in Tappan; Edward Peterson, Father of Town Employee Kate Morrison and Grandfather of Town Employee Caitlyn Morrison (Assessor); and Frank Ripa, Resident of Pearl River and former Chairman of the Pearl River Rotary Scholarship Committee.

 

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

Noes: None

Absent:  Councilperson Jerry Bottari

 

 

 

 

 

_________________________________

             Rosanna Sfraga, Town Clerk