Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, APRIL 4, 2017

 

This meeting was opened at 7:35 p.m.  Supervisor Stewart presided and Deputy Clerk called the roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Supervisor Andrew Stewart

Absent:                      Councilman Gerald Bottari

 

Also present:           Gerri Orlik, Deputy Clerk

John Edwards, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Joseph Moran, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation &                                                            Building Maint.

Kevin Nulty, Police Chief

 

Pledge of Allegiance to the Flag of the United States of America was led by Esta Baitler.

 

RESOLUTION NO. 187                                          PROMOTE FRANK BUHLER   POLICE SERGEANT

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Chief of Police, promote Frank Buhler from Rockland County civil service list # 13041/72-028, to the position of Police Sergeant/Town of Orangetown, effective April 5, 2017, at a salary consistent with the labor agreement between the Town of Orangetown and Orangetown PBA.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 188                                          DETAIL BRANDON MYERS DETECTIVE-YOUTH OFFICER

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Chief of Police, and in accordance with the terms of section #13 of the Rockland County Police Act of 1936, as amended, detail Brandon Myers to the duties of detective/youth officer, effective April 5, 2017, at a salary consistent with the terms of labor agreement, between the Town of Orangetown and the Orangetown PBA bargaining unit.

 

Ayes:      Councilpersons Valentine, Diviny, Troy

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

 

RESOLUTION NO. 189                                          ACCEPT RESIGNATION/RETIREMENT SGT CHRISTOPHER STRATTNER

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Chief of Police, accept with regret, the resignation/retirement of Sgt. Christopher Strattner from the Orangetown Police Department effective April 5, 2017.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine

Noes:      None

Absent:   Councilperson Bottari

 

***

 

RESOLUTION NO. 190                                          ACCEPT RESIGNATION/RETIREMENT SGT. JOHN PURCELL

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Chief of Police, accept with regret, the resignation/retirement of Sgt. John Purcell, from the Orangetown Police Department effective May 29, 2017.

 

Ayes:      Councilpersons Valentine, Diviny, Troy

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

 

RESOLUTION NO. 191                                          OPEN PH/AMENDING TOWN CODE §7A-13/ REPEAL SUBSECTION (B)(4)[6]/CHERRY BROOK PARK

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that the 8:10 P.M. public hearing to amend the Town Code, Chapter §7A-13 to Repeal Subsection (B)(4)[6] is hereby opened.  The purpose of this proposed Local Law is to remove Cherry Brook Park, from the list of parks for which a non-resident fee is required.

 

Ayes:      Councilpersons Valentine, Diviny, Troy

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

 

The Deputy Clerk presented the Affidavit of Publication and Notice of Posting; copies are labeled Exhibit 04-A-17 and made a part of these minutes.

 

 

Summary of Public Comments:

Mike Mandel, Pearl River – was this amendment mandated by a complaint or something else.

Chris Dunnigan, Pearl River – why did the State mandate this change; did the Town receive any funds; and what can be done to prevent large out of Town groups from using Cherry Brook Park.

Barbara Delo, Blauvelt – did the Town accept any funds for this park.

 

 

RESOLUTION NO. 192                                          CLOSE PH/ AMENDING TOWN CODE-§7A-13/ REPEAL SUBSECTION  (B)(4)[6]/CHERRY BROOK PARK

 

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:      Councilpersons Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

 

 

***

 

RESOLUTION NO. 193                                          DESIGNATION OF LEAD AGENCY AND DETERMINATION UNDER SEQRA/ AMENDING TOWN CODE-§7A-13/ REPEAL SUBSECTION (B)(4)[6]/CHERRY BROOK PARK

 

Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:

 

RESOLVED, that the Town Board hereby declares itself to be Lead Agency for environmental review with respect to a proposed Local Law, amending the Code of the Town of Orangetown, Chapter 7A, § 7A-13, relating to Town Parks and Park Use, removing Cherry Brook park from the list of Town parks subject to a non-resident fee, and, acting in such capacity,  determines that such action will not have a significant adverse environmental impact, and, therefore, issues a Negative Declaration with respect thereto under the State Environmental Quality Review Act.

 

Ayes:      Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Valentine

Noes:      None

Absent:   Councilperson Bottari

 

RESOLUTION NO. 194                                          ADOPT/LOCAL 3, 2017/AMENDING THE TOWN CODE §7A-13/REPEAL SUBSECTION (B)(4)[6]/CHERRY BROOK PARK

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the Town Board hereby adopts proposed Local Law No. 3, 2017, amending the Town Code of the Town of Orangetown, Chapter 7A, relating to Town Parks and Park Use, to delete § 7A-13B.(4)(a)[6], thereby removing Cherry Brook Park from the list of Town parks subject to a non-resident fee, as follows:

 

 

LOCAL LAW NO. 3, 2017

AMENDING CHAPTER 7A, § 7A-13B OF THE TOWN CODE

 RELATING TO USE OF TOWN PARKS AND NON-RESIDENT USE FEES

 

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

 

Section 1:  Chapter 7A § 7A-13 of the Town Code, relating to the use of Town Parks and Non-resident fees, shall be amended to delete § 7A-13B.(4)(a)[6], thereby removing Cherry Brook Park from the list of Town parks subject to a non-resident fee.

 

Section 2:  This local law shall take effect immediately upon filing with the Secretary of State.

 

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

 

***

 

RESOLUTION NO. 195                                          AMEND RESOLUTION NO. 146/SET PH /ENTITY DISCLOSURE LAW

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

 

RESOLUTION NO. 195 – Continued

 

RESOLVED, that the Town Board hereby amends Resolution No. 146 to set public hearing for the Entity Disclosure Law to be rescheduled to May 2, 2017 at 8:00 P.M.

 

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 196                                          AGREEMENT/MUNICIPAL STREET LIGHTING LICENSE & POLE ATTACHMENT / VERIZON

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

WHEREAS the Town of Orangetown has entered an agreement with ORU to purchase street lights; and

 

WHEREAS approximately 985 of those fixtures sit on poles owned or co-owned by Verizon Communications; and

 

WHEREAS in order to complete the purchase of street lights the Town must enter into a Pole Attachment Agreement for Municipal Street Lighting with Verizon Communications, which calls for the Town to pay annually a fee of $5.19 per pole, subject to future increases, if and as may occur, therefore

 

BE IT RESOLVED THAT upon the recommendation of the Town Attorney and the Supervisor, the Town Board authorizes the Supervisor to enter into and execute a Pole Attachment Agreement for Municipal Street Lighting and to execute any and all documents related to said agreement as may be required to effectuate this resolution and the prior resolutions approving the street light purchase

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 197                                          AGREEMENTS/NY POWER AUTHORITY/STREET LIGHT CONVERSION/ LED FIXTURES

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

WHEREAS upon completion of the purchase of street lights throughout unincorporated Orangetown from ORU the Town intends to convert the street lights to LED fixtures; and

 

WHEREAS the Town of Orangetown intends to enter into a Master Cost Recovery Agreement, a Capital Program Agreement, and an Advisory Services Agreement with the NY Power Authority (NYPA) for the purpose of managing and executing design, bidding of materials, labor, and installation of new LED street light fixtures at a cost to not exceed $16,000; and

 

WHEREAS any bids gathered by NYPA for the procurement of materials and labor related to the conversion (light fixtures, etc.) are subject to approval by the Town of Orangetown, and,

 

WHEREAS should the Town decide to move forward, it will enter into a Customer Implementation Agreement with NYPA thereafter at an additional cost of 12.5% of the total project cost, yet to be determined (estimated at ~$140,000); therefore

 

 

RESOLUTION NO. 197 – Continued

 

BE IT RESOLVED that the Town Board authorizes the Supervisor to enter into and execute any and all documents related to Master Cost Recovery Agreement, a Capital Program Agreement, and an Advisory Services Agreement with the NY Power Authority and to execute any and all documents related to said agreement as may be required to effectuate this resolution and the prior resolutions approving the street light purchase.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 198                                          ACCEPT RESIGNATION/BRUCE JENSEN, JR./ ACABOR

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, the Town Board, accepts with regret, the resignation of Bruce Jensen. Jr., from the Architecture and Community Appearance Board of Review (ACABOR), effective  April 7, 2017.

 

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 199                                          ACCEPT/RECEIVE/FILE/TWO DECLARATIONS OF COVENANT ANNUAL INSPECTION AND MAINTENANCE OF STORM WATER CONTROL FACILITIES/ROUTE 304 LLC/HILLSIDE COMMERCIAL PARK

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that upon the recommendation of DEME and the Town Attorney’s Office, accept, receive and file two Declarations of Covenant for the Annual Inspection and Maintenance of Storm Water Control Facilities from Route 304, LLC, for the Hillside Commercial Park project, Planning Board Decision No. 2014-27, and the Supervisor or his designee is hereby authorized to execute all documents necessary to effectuate the acceptance of the covenant on behalf of the Town.  Upon receipt, the above documents to be filed in the Town Clerk’s Office.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 200                                          ACCEPT/RECEIVE/FILE/ DECLARATIONS OF COVENANT ANNUAL INSPECTION OF STORM WATER CONTROL FACILITIES BRIGHTVIEW LAKE TAPPAN, LLC AND THE RECREATIONAL ASSOCIATION OF THE JAMES H. ANDERSON POST #1199-AMERICAN LEGION, INC./SANITARY SEWER EASEMENTS

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

RESOLUTION NO. 200 – Continued

 

RESOLVED, upon recommendation of the Department of Environmental Management and Engineering and the Town Attorney’s Office, accept, receive and file Declarations of Covenant for the Annual Inspection of Storm Water Control Facilities from Brightview Lake Tappan, LLC, and The Recreational Association of the James H. Anderson Post #1199

American Legion, Inc.; as well as Sanitary Sewer Easements from the following persons/entities, all of which are related to the Brightview Lake Tappan project, 31 Hunt Road, Orangeburg, NY, Planning Board Decision Nos. 2015-40 and 2016-14:

 

1. The Recreational Ass’n of the James H. Anderson Post #1199 American Legion, Inc.
2. 67 Hunt Road, LLC
3. Keira B. Burtch
4. Claude P. Baumann

 

And hereby authorize the Supervisor or his designee to execute all documents necessary to effectuate the acceptance of these covenants and easements on behalf of the Town.  Upon receipt, the above documents to be filed in the Town Clerk’s Office.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 201                                          STREET NAMING/PRIVATE ROAD/RIVERVIEW LANE, NYACK (UPPER GRANDVIEW)

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

WHEREAS, there is a natural break in the length of Riverview Avenue resulting in there being two (2) sections of Riverview Avenue disconnected from each other; and

 

WHEREAS, the property owners located at the southernmost part of Riverview Avenue desire to officially designate their section of Riverview Avenue as a private road to assist first responders during response to an emergency; and

 

WHEREAS, the property owners have for years come to know the southernmost part of Riverview Avenue as Riverview Lane; and

 

WHEREAS, Rockland County 9-1-1 Emergency Services and the Rockland County Planning Department-GIS Division requires that such roads with addressable structures be formally named, and the United States Postal Service requires numbered and named street addresses for mail delivery; and

 

WHEREAS, the property owners have requested that said private road, as identified on the attached site map, be officially designated as Riverview Lane; and

 

WHEREAS, formally naming Riverview Lane as a unique private road would assist first responders when they are dispatched by the Orangetown Police Department to an emergency at the property owners address; and will aid the United States Post Office in delivery of mail to property owners thereupon; and

 

WHEREAS, the property owners expressly acknowledge that the private road shall not be owned nor maintained by the Town of Orangetown; and

 

WHEREAS, the property owners acknowledge that the Town of Orangetown has standardized requirements for street signs, and

 

NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Orangetown hereby authorizes and directs that the private road consisting of Orangetown Tax

RESOLUTION NO. 201 – Continued

 

Lot Section/Block/Lot: 66.17-1-10, 66.17-1-20, 66.17-1-22, shall be forever named and known as “Riverview Lane”, and all future maps depicting said area shall indicate the naming of this private roads as “Riverview Lane”; and authorizes and directs that any such street sign posted shall follow the Town of Orangetown Highway Department “Requirements for Street Sign Specifications” for posted speed limits not to exceed 30 mph sign.”

 

Ayes:      Councilpersons Diviny, Valentine, Troy

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 202                                          AID/PEARL RIVER MEMORIAL DAY PARADE

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED,  that the Town Board hereby authorizes the Highway & Police Departments to lend assistance, including personnel & equipment, as may be required, for the Memorial Day Parade in Pearl River on Monday, May 29, 2017, from 9:45 am to 11:45 am.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 203                                          AID/PALISADES-SPARKILL MEMORIAL DAY PARADE

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED,  that the Town Board hereby authorizes the Highway & Police Departments to lend assistance, including personnel & equipment, as may be required, for the Memorial Day Parade in Palisades/Sparkill on Monday, May 29, 2017, from 8:00 am to 10:30 am.

 

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 204                                          AID/PEARL RIVER HOOK & LADDER LADIES AUXILIARY CRAFT FAIR/FLEA MARKET

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the Town Board hereby authorizes the Highway and Parks Departments to lend assistance, which includes the use of trash barrels and  (3) port-o-johns (1 ADA & 2 Regular), for the PR Hook & Ladder Ladies Auxiliary Craft Fair/Flea Market to be held on Sunday, May 7, 2017, from 10 am to 4 pm.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 205                                          AID/PEARL RIVER PARKS AND ACTIVITY COMMITTEE / 4^TH OF JULY FIREWORKS DISPLAY AND CELEBRATION

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the Town Board hereby authorizes the Town of Orangetown Highway, Parks Department and Police Department to lend assistance, which includes the use of trash receptacles and field cleanup and large dumpster, snow fence and barricades and message board; Six port-o-sans (4 Regular and 2 ADA Complaint); and police detail for the Pearl River Parks and Activity Committee, Inc., to celebrate the 4^th of July Fireworks Display and Celebration on Tuesday, July 4, 2017 (rain date of Friday, July 7, 2017).

 

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 206                                          AGREEMENT/ CORNELL COOPERATIVE EXTENSION/ ROCKLAND COUNTY MS4 MAPPING GRANT/NYSDEC C00386GG

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

WHEREAS, a NYSDEC Water Quality Improvement (WQIP) Round 12 grant has been issued through the Stormwater Consortium of Rockland County (SCRC) and Cornell Cooperative Extension, Rockland County (CCE);

 

WHEREAS, the grant has been referenced as NYSDEC CONTRACT C00386GG ‘ROCKLAND COUNTY MS4 GRANT’;

 

WHEREAS, NYSDEC CONTRACT C00386GG ‘ROCKLAND COUNTY MS4 GRANT’ promotes enhanced mapping of the Municipal Separate Storm Sewer System (MS4).

 

WHEREAS, CCE has entered into a sub-contract with the Rockland County Soil & Water Conservation District to manage all components, absent of fiscal duties, of NYSDEC CONTRACT C00386GG ‘ROCKLAND COUNTY MS4 GRANT’;

 

WHEREAS, CCE will strive to enhance MS4 mapping components for jurisdictions within the Stormwater Consortium, who remain in good standing, who choose to participate in NYSDEC C00386GG ‘ROCKLAND COUNTY MS4 GRANT’ through incorporating business enterprises and other resources as required, available, and needed per grant requirements to assist with the collection of data.

 

WHEREAS, jurisdictions may choose to participate with CCE to promote enhanced mapping of the MS4 system through grant monies provided with NYSDEC CONTRACT C00386GG ‘ROCKLAND COUNTY MS4 GRANT’ with the commitment to fund 25% of the grant amount with Town funds or in kind services as obligated by the grant requirements; therefore be it

 

RESOLVED that the Town Board hereby authorizes the Town of Orangetown’s participation in the Rockland County MS4 Grant with the commitment to fund 25% of the grant amount with Town funds or in kind services as obligated by the grant requirement; and be it further

 

RESOLVED, the Town Board hereby authorizes the Supervisor to execute any and all documents related to the administration of this action.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine

Noes:      None

Absent:   Councilperson Bottari

 

***

 

RESOLUTION NO. 207                                          AGREEMENT/OPTIMUM CONTROLS CORPORATION/PUMP STATION TELEMETRY SYSTEM FIELD INVESTIGATION & SCADA UPGRADES /DEME

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the Town of Orangetown, as recommended by the DEME Commissioner, enter into a Purchase Agreement with Optimum Controls Corporation to provide services as noted in schedule A, inclusive of the Wastewater Treatment Plant, in an amount up to $7500 and funded in the Town’s 2017 budget. This service will begin the work in determining the communication status and the updating the Cimplicity hardware and telemetry system at selected pump stations sites.  This service will also assist in determining funding needed beyond the 2017 budgeted amount.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 208                                          2017 PROJECT GRADUATION FUNDING

 

Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Director of Finance, Project Graduation funding is hereby approved as follows and charged to Account A4211.457:

 

Tappan Zee High School        $1500              Pearl River High School         $1500

Nanuet High School                 $750              Albertus Magnus High School  $200

Nyack High School                   $750

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 209                                          ACCESS AGREEMENT/ TOWN OWNED LANDS /HUNT ROAD

 

Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the Town Supervisor, or his designated representative, shall be authorized to sign an Access Agreement with representatives of a prospective purchaser, in a form suitable to the Town Attorney, and subject to insurance and indemnification requirements, allowing such party to enter upon Town owned lands at Hunt Road (Tax Lots: 73.15-1-17 & 73.15-1-17.1), in Orangetown, NY, in order to inspect and to conduct such tests, as may be reasonably be required, in contemplation of a purchase offer.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 210                                          AID/ MEMORIAL DAY PARADE TAPPAN

 

Under new business, Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLUTION NO. 210 – Continued

 

RESOLVED, the Town Board hereby authorizes the Highway Department to lend assistance, which includes the use of barricades, for the Memorial Day Parade in Tappan, Monday, May 29, 2017, from 10:30 am to 12:30 pm.

 

Ayes:      Councilpersons Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 211                                          APPOINT / CHRISTOPHER DUNNIGAN /ARCHITECTURE AND COMMUNITY APPERANCE BOARD OF REVIEW/ FILL THE REMAINDER OF BRUCE JENSEN, JR.’S TERM

 

Under new business, Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, the Town Board hereby appoints Christopher Dunnigan to the Architecture and Community Appearance Review Board, effective immediately, to fill the vacancy left by the resignation of Bruce Jensen, Jr. Said term shall expire December 31, 2017.

 

Ayes:      Councilpersons Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 212                                          APPROVE AGREEMENTS – NEW TURF SOCCER FIELD/OMM

 

Under new business, Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED,  that in furtherance of the License Agreement between the Town and the  Orangetown Mighty Midgets Athletic Club, LLC (“OMM”), through which OMM is authorized to use and to improve the fields and other facilities at the Orangetown Soccer Complex, the Town Board hereby approves an Agreement between the Town and OMM (the “OMM Agreement”), permitting OMM to enter into a related Agreement with Sprinturf, LLC, a Georgia Limited Liability Company (“Sprinturf”), pursuant to which Sprinturf will install a new turf soccer field at the Orangetown Complex at the sole cost and expense of OMM, which field, upon completion, shall become the property of the Town.  A copy of the OMM / Sprinturf Agreement made a part of the OMM Agreement; and

 

BE IT FURTHER RESOLVED, that the Supervisor or his designated representative shall be authorized to execute such Agreement with OMM.

 

Ayes:      Councilpersons Diviny, Valentine, Troy

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 213                                          2017 TOWN AND COUNTY TAX COLLECTION CLOSEOUT PROCEDURES

 

Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

Whereas the Town Board has authorized the Town Clerk to execute all aspects related to the 2017 collection of Town and County Taxes, with assistance from the Orangetown Finance

RESOLUTION NO. 213 – Continued

 

Department, among others, while the Receiver of Taxes of the Town of Orangetown has been on medical leave since January 2017 and remains so; and

 

Whereas, the Office of the Receiver of the Town of Orangetown is required to follow Town and County Tax Collection Closeout procedures, required to be completed and delivered to the County no later than April 15, 2017; and

 

Whereas, the closeout requires, at a minimum, final reconciliation of funds received and disbursed; closing statement with corrections, paid/unpaid, and roll book included; final sign-off by the Receiver, who turns the collection over to the County; and final transfer to the Town of any ending balance; and

 

Whereas, financial best practices involves a segregation of duties and responsibilities, the involvement of the Director of Finance in the final closeout may be perceived as a lack of internal accounting controls, therefore be it

 

RESOLVED, that the Town Board hereby authorizes Jeffrey Bencik, Director of Finance, and his department to complete the final closeout of the 2017 Town and County Tax Collection as prescribed by the Rockland County Receiver.  The Town Clerk will provide access and help as required.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 214                                          SET PUBLIC HEARING TELECOMMUNICATIONS TOWERS MORATORIUM 

 

Under new business, Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:

 

            WHEREAS, in 1997 the Town of Orangetown enacted a local law entitled “Wireless Communications Facilities” to address the siting of telecommunications towers within the Town; and

 

            WHEREAS, the technology has changed since the enactment of the law, including the use of distributed antenna system networks, or DAS, to fill service gaps in densely populated areas; and

           

WHEREAS, the technology is different from traditional wireless facilities that typically locate on tall cell towers;

 

 WHEREAS, the Town Board recognizes the need to update the language in the Town Code to regulate these new technologies; be it

 

RESOLVED, that the Town Board hereby sets a public hearing May 2, 2017 at 8:10 pm to consider the adoption of a local law providing for a Moratorium on the erection of Telecommunications Towers, Cellular Towers, and Monopoles, and the installation of Antennas, including distributed antenna systems (DAS) and stealth Antennas, for a period of one hundred and eighty (180) days, pursuant to the authority and provision of Section 10 of the Municipal Home Rule.

 

Ayes:      Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Valentine

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 215                                          AGREEMENT/TRC ENVIRONMENTAL CORPORATION / AIR QUALITY TESTING/SURVEY/ALUF PLASTICS

 

Under new business, Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, the Town Board approves the proposal, up to $40,000, from TRC Environmental Corporation, subject to Town Attorney’s review of the agreement, for Quality Testing (Aluf Plastics).

 

Ayes:      Councilpersons Diviny, Troy,Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO.  216                                         PAY VOUCHERS

 

Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for the General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds for a total amount of 2 warrants for a total amount of $416,028.92.

 

Ayes:      Councilperson Diviny, 0Supervisor Stewart

Councilpersons Troy, Valentine

Noes:      None

Absent:   Councilperson Bottari

***

RESOLUTION NO. 217                                          ENTER EXECUTIVE SESSION     CSEA CONTRACT       

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilpersons Troy, Diviny, and Valentine, John Edwards, and Teresa Kenny.

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, at 9:10 p.m. the Town Board entered Executive Session to discuss the CSEA Contract.  Supervisor Stewart said no further votes will be taken.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny

Noes:      None

Absent:  Councilperson Bottari

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RESOLUTION NO. 218                                          RE-ENTERED RTBM/ADJOURNED

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, at 9:30 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Frances Davis, Pearl River; and Kyle Boyce, son of employee, Kimberly Allen.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine

Noes:      None

Absent:  Councilperson Bottari                                  _________________________________