Meeting Overview

TOWN OF ORANGETOWN

 REGULAR TOWN BOARD MEETING

TUESDAY, JULY 18, 2017

 

This meeting was opened at 7:30 p.m.  Supervisor Stewart presided and the Deputy Clerk called the roll.  Present were:

 

Councilman Denis Troy

Councilman Paul Valentine

Councilman Gerald Bottari

Supervisor Andrew Stewart

 

Absent:                        Councilman Thomas Diviny

 

Also present:            Geraldine 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:  Esta Baitler.

 

Alex Betke, Brown & Weinraub, introduced himself and spoke about his lobbying efforts (for the Town) with Albany.  He has been the Town’s lobbyist for the past several years.

RESOLUTION NO. 382                                          CONTRACT / PARKS AND TRAILS NY  BIKE STUDY

 

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

 

WHEREAS, with Town Board approval, the Town sought, and won, a grant from the Tappan Zee Bridge Community Benefits Fund for $40,000 to pay a consultant to guide the Town in identifying opportunities to enhance the bicycle safety and accommodation in Orangetown, in recognition of the growth in cycling due to the new shared use path on the new NY Bridge/Tappan Zee Bridge, the community interest in bike safety for children and adults, and the need to better harmonize and accommodate all users of local roads and paths, and later issued a Request for Proposals for this professional service, and received several qualified responses; therefore, be it

 

RESOLVED, that upon the recommendation of Superintendents of Highway and Parks, and of administrative staff, the Town Board selects as a consultant Parks and Trails New York, a leader in the field of bike safety issue analysis, public engagement and project funding feasibility analysis, and directs the Supervisor to execute any documents as appropriate and with proper legal review to implement this project.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 383                                          TAPPAN ZEE BRIDGE COMMUNITY BENEFITS FUND / BIKE STUDY  $40,000 / FUND BALANCE B.3120.457.16 / B.3120.457.16

 

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

 

WHEREAS, the Town received a grant of $40,000 from the Tappan Zee Bridge

Community Benefits Fund for a study of bike use in Orangetown; and

 

WHEREAS, the terms of the grant require that the Town be reimbursed for its expenses; and

WHEREAS, the cost of the bike study would be charged to account B.3120.457.16; be it

 

RESOLVED, that upon the recommendation of the Director of Finance, the Town Board authorizes an increase to  budget line B.3120.457.16 by $40,000 FROM Fund Balance to cover the cost of the survey.

 

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 384                                          TERMINATE 2017 AGREEMENT GOVERNMENT RELATIONS  REPRESENTATION / JACKSON LEWIS

 

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

 

WHEREAS, per resolution 621 of 2017 the Town of Orangetown approved an Agreement for Government Relations Representation in New York State with the lobbying firm Jackson Lewis, effective January 1, 2017, through December 31, 2017; and

 

RESOLUTION NO. 384 – Continued

 

WHEREAS, the Town’s lead contact at Jackson Lewis, Alex Betke, who has represented the Town for several years, has resigned from the firm and the Town wishes to have Mr. Betke continue to represent its interests;

 

BE IT RESOLVED, that upon recommendation of the Supervisor, the Town Board does hereby cancel its Agreement for Government Relations Representation in New York State with the lobbying firm Jackson Lewis, effective immediately.

 

Ayes:      Councilpersons Valentine, Bottari, Troy

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 385                                          AGREEMENT/GOVERNMENT RELATIONS REPRESENTATION  BROWN AND WEINRAUB / ALEX BETKE

 

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

 

WHEREAS, per Resolution 621 of 2017 the Town of Orangetown approved an Agreement for Government Relations Representation in New York State with the lobbying firm Jackson Lewis, effective January 1, 2017, through December 31, 2017; and

 

WHEREAS, the Town’s lead contact at Jackson Lewis, Alex Betke, who has represented the Town for several years, has resigned from the firm and the Town wishes to have Mr. Betke continue to represent its interests;

 

WHEREAS, Mr. Betke has joined the firm of Brown and Weinraub, in Albany NY; and

 

WHEREAS, Brown and Weintrab  has proposed that Mr. Betke shall remain the Town’s lead contact and proposes an Agreement for Government Relations Representation for the period of July 1, 2017 through June 30, 2018 at a monthly fee of $4000 per month (no change to costs); therefore

 

BE IT RESOLVED, that upon recommendation of the Supervisor and the Town Attorney, the Town Board does hereby accept its Agreement for Government Relations Representation in New York State with the lobbying firm Brown and Weintraub, for the period of July 1, 2017 through June 30, 2018 at a monthly fee of $4000 per month.

 

Ayes:      Councilperson Troy, Supervisor Stewart

Councilpersons Valentine,  Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 386                                          MEMORIALIZING RESOLUTION OPPOSITION / PROPOSED NEW PLANET WASTE TO FUEL FACILITY STONY POINT, NY

 

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

 

WHEREAS, the NYS Department of Environmental Conservation is currently acting as lead agency under the State Environmental Quality Review Act (“SEQRA”) in the environmental

review of a proposed garbage recycling plant, known as the “New Planet Waste to Fuel Facility” located on Holt Drive in the Town of Stony Point, County of Rockland; and

WHEREAS the plant proposes to use a gasification process to convert garbage into fuel; and

WHEREAS, the proposal will generate approximately 400 trucks each day, carrying

4,800 tons of garbage each day, from New York City and areas south of Rockland County by entering Rockland County and proceeding through portions of Orangetown via Routes 9W and 303, and upon depositing such municipal garbage barely into Stony Point, returning, thereafter, through Orangetown via the same route; and

 

WHEREAS, the applicant’s proposal states that they will need still additional trucks to

remove recyclables, hazardous material (that cannot be processed), the byproduct of the gasification process (ash), and 100,000 gallons of diesel fuel each day; and

 

WHEREAS, large freight containers of highly combustible Bakken crude oil will traverse to and through this site every day via the CSX rail line – thousands of  rail freight cars on a yearly basis – in addition to which, a new Champlain Hudson Power Express Project 1000 mega-watt (which runs hot and needs cooling stations) will be placed parallel to the CSX rail line; and

 

WHEREAS, a measurement of the impacts of having hundreds of trucks traveling both ways with their air pollutants, as well as the pollutants emitted through the gasification process itself will surely inhibit this green process, and actually increase the degradation of the air quality; and

 

WHEREAS, it takes 24 operational hours to process 4,000 tons of garbage each day, meaning there will be a constant flow of trucks, presenting serious noise, emissions and lighting concerns to the surrounding areas. In addition to which, there will be 800 tons of garbage each day that will have to be stock piled, awaiting processing; and

 

WHEREAS, it is highly inappropriate that an unknown entity with the potential to be extremely hazardous to the public health, safety and welfare, and to the surrounding environment, should be permitted in a dense residential area,

 

NOW, THERFORE, BE IT RESOLVED that the Town Board of the Town of Orangetown unanimously expresses its fervent opposition to the proposal of the “New Planet Waste to Fuel Facility”; and, be it further

 

RESOLVED, that the Town be and is hereby authorized and directed to send a copy of this resolution to all elected representatives of Rockland County and the NYS Department of Environmental Conservation.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 387                                          LEAD AGENCY DESIGNATION COORDINATED REVIEW   SPARKILL- PALISADES FIRE DISTRICT / CONSTRUCTION OF AN ADDITION

 

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

 

WHEREAS, that Town has received a request from the Sparkill-Palisades Fire District for consent for the Board of Fire Commissioners to declare Lead Agency Status for Coordinated review of the proposal to construct a 6000 sf addition to the existing fire house, located at 520 Route 340, Sparkill; be it

 

RESOLVED, that the Town Board hereby consents to the Board of Commissioners of the Sparkill-Palisades Fire District as lead agency for their application for coordinated review for

RESOLUTION NO. 387 – Continued

 

construction of a proposed addition to the existing fire house and directs the Town Attorney to write a letter to that effect.

 

Ayes:      Councilpersons Valentine, Bottari, Troy

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 388                                          AGREEMENT / MEDAIR / UPDATE PERFORMANCE STANDARDS

 

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

 

WHEREAS, Orangetown’s town code for performance standards review, measurement and compliance monitoring is in many ways outdated, for example, the odor-related code is based in a 1951 air pollution abatement manual that is no longer an industry standard and is actually unavailable, and the noise and vibration standard used by the town dates to 1944 and 1953 and is similarly outdated, and

 

WHEREAS, the community is concerned about issues of air, soil and water pollution, public health and supporting clean economic development, and through petitions, activism and advocacy has called for increased investment by the Town in environmental quality of life; therefore be it

 

RESOLVED, the Town Board accepts the professional services scope of work proposal for “Advisory Services for Upgrading Environmental Management Town Performance Standards,” dated July 11, 2017, from Sander Bonvell of MedAir Associates, an expert in environmental permitting, compliance and chemistry, to provide technical update recommendations to the town’s performance standards codes, in collaboration with town staff in engineering, code enforcement and law, and the town board, at a rate of $90/hour, not to exceed $18,000, and directs the Supervisor to coordinate and implement this project.

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Valentine

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 389                                          STATE AND MUNICIPAL (“SAM”) GRANT / $150,000 / SENATOR DAVID CARLUCCI / OAK TREE ROAD SIDEWALKS

 

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

 

WHEREAS, the Town’s current highest priority sidewalk project is to provide safe pedestrian access along Oak Tree Rd between residential and commercial areas near Rte 303 in Tappan, east to the parking area for the J.B. Clarke Rail Trail, one of the few remaining gaps in otherwise continuous sidewalks along Oak Tree Rd between Rte 303 and Rte 9W; therefore, be it

 

RESOLVED, the Town Board directs the Supervisor to make a State and Municipal (“SAM”) grant request for $150,000 to Senator David Carlucci to pay for this sidewalk project, and execute any related documents as necessary to obtain this funding.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:    Councilman Diviny

***

RESOLUTION NO. 390                                          AGREEMENT / DEPT OF HOMELAND SECURITY / CYBERSECURITY EVALUATION

 

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

 

WHEREAS, through its National Cybersecurity and Communications Integration Center (NCCIC), the Department of Homeland Security offers free, voluntary and collaborative resources for cyber threat prevention, protection, response and recovery for the nation’s State, Local, Tribal and Territorial governments, and

 

WHEREAS, the NCCIC provides a multitude of services to monitor information technology infrastructure and resources and also provides advisories and education to participating organizations; be it

 

RESOLVED, that upon the recommendation of the Director of Information Technology, the Town Board hereby authorizes the Supervisor to execute any and all documents as appropriate and with proper legal review relating to the NCCIC/DHS Cyber Hygiene Agreement.

 

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 391                                          AGREEMENT / CENTER FOR INTERNET SECURITY MULTI-STATE ISAC / CYBER SECURITY

 

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

 

WHEREAS, the Multi-State Information Sharing and Analysis Center (MS-ISAC) is a free, voluntary and collaborative effort designated by the Department of Homeland Security as the key resource for cyber threat prevention, protection, response and recovery for the nation’s State, Local, Tribal and Territorial governments, and

 

WHEREAS, the MS-ISAC provides a multitude of services to monitor information technology infrastructure and resources and also provides advisories and education to participating organizations; be it

 

RESOLVED, that upon the recommendation of the Director of Information Technology, the Town Board hereby authorizes the Supervisor to execute any and all documents as appropriate and with proper legal review relating to the MS-ISAC Membership Agreement.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 392                                          ACCEPT / RECEIVE / FILE / TOWN CLERK’S OFFICE

 

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

 

RESOLVED, that the following documents are accepted, received and filed in the Town

Clerk’s Office:

 

1. NY Power Authority – Energy Services Program/Master Cost Recovery Agreement; Capital Program Agreement; Advisory Services Program Agreement and Authorization to Proce

RESOLUTION NO. 392 – Continued

 

2. Cooperative License Agreement with the Palisades Interstate Park Commission, for the Route 303 Bike Bypass – Blauvelt State P
3. Community Benefits Program with The New NY Bridge Project for a new showmobil
4. TRC Environmental Corporation: Air Monitoring near Aluf Plas
5. Town Board minutes: June 6th and June 20th Regular Town Board Meeting minutes; June 13th Workshop minutes; and June 20th Special Town Board Meeting minut

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Valentine

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 393                                          POLICE / DECLARE SURPLUS VEHICLES/DESTRUCTION

 

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

 

RESOLVED, that upon the recommendation of the Chief of Police, the Town Board hereby declares the following vehicles are to be declared as surplus:

 

1997    Dodge Van                 2B7HB21Y9VK562143 – Body Rust Issues

1999    Ford Crown Vic           2FAFP71W1XX207712 – Body Rust Issues/90,000+ miles.

2008    Ford Crown Vic Blk   2FAHP71V68X166303 – 90,000+ miles

2009    Ford Crown Vic B/W 2FAHP71V39X145488 – 90,000+ miles

2011    Ford Crown Vic B/W 2FABP7BV1BX135844 – 90,000+ miles;

and

BE IT FURTHER RESOLVED that upon the recommendation of the Chief of Police, the following vehicles be declared as “surplus for destruction,” and the Town will donate these vehicles to local fire departments for training purposes.

 

1995 Chevrolet Caprice –  Blue – 4DSD – 1G1BL52P6SR161841

1996 Ford Crown Vic –     Blue – 4DSD – 2FALP71W0TX167541

1997 Ford Crown Vic –     Blue – 4DSD – 2FALP71WXVX139099

1997 Ford Crown Vic –     Blue – 4DSD – 2FALP71W4VX139096

 

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 394                                          GRANT PERMISSION / P.O. MADDALENA / ATTEND BASIC JUVENILE POLICE COURSE / 2017 SNYPJOA TRAINING

 

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

 

RESOLVED, that upon the recommendation of the Chief of Police, approve P.O.

Maddalena to attend the State of New York Police Juvenile Officer’s Association (SNYPJO) training conference in Geneva, NY August 28-Sept 1, 2017, at a combined cost of $1,027.00 for tuition, lodging and meals to be charged to the Police Department’s Federal Asset Forfeiture account (B.3120.408.16).

 

Ayes:      Councilperson Bottari, Supervisor Stewart

Councilpersons Troy, Valentine

Noes:      None

Absent:    Councilman Diviny

***

RESOLUTION NO. 395                                          RESIGNATION / RETIREMENT / DET. MICHAEL P. MCPADDEN

 

Councilman Bottari 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 Det. Michael P. McPadden from the Orangetown Police Department effective June 30, 2017.

 

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 396                                                      AID / 2017 COLONIAL DAY

 

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 Police Depts., to lend assistance, which includes recycling kiosks and no parking signs, for Colonial Day, Tappan, on Saturday, September 23, 2017, from 8 am to 6 pm.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 397                                          ADOPT-A-SPOT AGREEMENT   LINDA LANE GARDENS / 12 LINDA LANE / PEARL RIVER

 

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

 

RESOLVED, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which Town has a place of business at 26 Orangeburg Road, Orangeburg, NY, expressly authorizes and approves the Adopt-A-Spot Committee, a volunteer organization with Ouseph George as part of the Adopt-A-Spot Committee to contribute toward the development and maintenance of a more attractive and litter-free Town Highway R.O.W. segment as described in the Highway Work Permit as Town Property located at 12 Linda Lane, Pearl River, NY, otherwise known as the “SPOT,” by performing necessary and/or desired clean-up activities, as particularly set forth in and pursuant to the terms and conditions of the Town of Orangetown Highway Department Adopt-A-Spot Agreement between the Town of Orangetown Highway Department and “Linda Lane Gardens”Adopt-A-Spot Committee, Dated: June 26, 2017.

 

Ayes:      Councilpersons Troy, Valentine, Bottari

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 398                                          ADOPT-A-SPOT AGREEMENT (COMMERCIAL) / COUNTRY DELI  661 ORANGEBURG RD / PEARL RIVER

 

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

 

 

RESOLUTION NO. 398 – Continued

 

RESOLVED, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which Town has a place of business at 26 Orangeburg Road, Orangeburg, New York, 10962, expressly authorizes and approves the Adopt-A-Spot Committee, a  Commercial Sponsor with George Nokaj, Owner of The Country Deli, as part of the Adopt-A-Spot Committee to contribute toward the development and maintenance of a more attractive and litter-free Town Highway R.O.W. segment as described in the Highway Work Permit as Town Property located at 661 Orangeburg Road, Pearl River, NY, otherwise known as the “SPOT,” by performing necessary and/or desired clean-up, activities, as particularly set forth in and pursuant to the terms and conditions of the Town of Orangetown Highway Department Commercial Adopt-A-Spot Agreement between the Town of Orangetown Highway Department and “Country Deli” Commercial Adopt-A-Spot Committee, Dated: June 28, 2017.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 399                                          HIGHWAY / DECLARE SURPLUS VEHICLES

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, declare the following four (4) vehicles for surplus:

 

2008 Ford Escape                         FMCU59H38KA60518

2008 Ford Escape                         FMCU59H18KA60517

2008 Ford Ranger                          1FTYR15E38PA69240

2004 Jeep Grand Cherokee           1J4GW48S74C423408

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Valentine

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 400                                          AID / 2017 ROCKLAND COUNTY GAA BAGPIPE & DRUM COMPETITION

 

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

 

RESOLVED, that the Town Board hereby authorizes the Town of Orangetown Highway, Parks and Police Dept., to lend assistance which includes the use of barricades from the Highway Department, the Baseball Field Parking lots from the Parks Dept, and Auxiliary Police from the Police Dept., for the RC GAA Bagpipe & Drum Competition on Saturday, July 22, 2017, from 9 am to 9 pm.

 

Ayes:      Councilpersons Troy, Valentine, Bottari

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 401                                          AWARD BID / HEATING, VENTILATION AND MECHANICAL SERVICES / JOHNSON CONTROLS

 

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

 

RESOLUTION NO. 401 – Continued

 

RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Building Maintenance award the bid for Heating, Ventilation and Mechanical Services at Town Hall to Johnson Controls of Hawthorne, NJ for a term of one year with two one year options in the amount of; $18,295.00 for preventative maintenance and $3,259.00 for Automation Services.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 402                                          GHD ENGINEERS / ENGINEERING REPORT / NYSDEC REQUIREMENT TOTAL RESIDUAL CHLORINE  FINAL EFFLUENT

 

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

 

WHEREAS, the NYSDEC has revised the requirement in the Orangetown Sewer District #2 SPDES permit of final effluent limitation for Total Residual Chlorine: and

 

WHEREAS, an engineering report was required to be submitted detailing the design basis, treatment unit type and sizing that will be used to comply with said requirement; and

 

WHEREAS, GHD Engineers were previously retained to write this report; and,

 

WHEREAS, the NYSDEC responded to said report requesting a revised report; NOW,

 

THEREFORE, BE IT RESOLVED, that the Town Board approves an agreement with GHD Engineers to write and submit a revised engineering report to comply with the latest NYSDEC requirement regarding Total Residual Chlorine in the final effluent for $2,850.00.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Stewart

Noes:      Councilman Valentine

Absent:  Councilman Diviny

***

RESOLUTION NO. 403                                          CREATE POSITION / REAL PROPERTY APPRAISER ASSISTANT  ASSESSOR’S OFFICE

 

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

 

RESOLVED, that upon the recommendation of Rockland County Personnel Department and the Labor Management Committee, create the position of Real Property Appraiser Assistant, Grade 12 in the Assessor’s Office.

 

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 404                                          RECLASSIFY HUGH DAVIES / REAL PROPERTY APPRAISER ASSISTANT  ASSESSOR’S OFFICE

 

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

RESOLUTION NO. 404 – Continued

 

RESOLVED, that upon the recommendation of Rockland County Personnel and the Labor Management Committee, reclassify Hugh Davies’ from Real Property Valuation Assistant to Real Property Appraiser Assistant, provisional, Grade 12, Step 5, at a salary of $69,135.00, effective July 10, 2017.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 405                                          AMEND RESOLUTION 173-2017 STEPHEN FORDHAM / SALARY FROM $92,003 TO $96,396

 

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

 

RESOLVED, that upon the recommendation of the Human Resources Coordinator, amend Resolution 173 from the RTBM of March 21, 2017 and change Stephen Fordham’s salary to $96, 396.00, effective March 22, 2017. (This is due to an error in the salary schedule that the Town Attorney and CSEA are aware of and will be corrected when new contract is approved and printed).

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Valentine

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 406                                          PAYMENT / SYLVIA WELCH   GRANT WRITER/CLIMATE SMART GRANT REQUEST / ROUTE 303 & MOUNTAINVIEW AVE CULVERT

 

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

 

WHEREAS, the Town Board, by Resolution 356/2016 dated July 19, 2016, has previously approved the application to the NYS DEC Estuary Management Grant Program for funding to construct a culvert in the vicinity of Mountainview Avenue and

400 Route 303 to address flooding of the Sparkill Creek, which was not granted; and

 

WHEREAS, the Town Board wishes to now apply for this funding through the 2017

Climate Smart Communities Grant Program

 

RESOLVED, the Town Board authorizes the Supervisor to pay Sylvia Welch up to $650 (10 hours X $65/hour), for the research, writing and submission of this Climate Smart Communities grant request, and to sign any related documents to obtain these funds.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 407                                          APPLICATION / NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION / CLIMATE SMART COMMUNITIES GRANT PROGRAM

 

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

RESOLUTION NO. 407 – Continued

 

WHEREAS, flooding of the Sparkill Creek on Rte 303 in the vicinity of Mountainview Ave contributes to pollutant load in the Sparkill Creek,  and is a longstanding safety problem impacting traffic, infrastructure and property; and

 

WHEREAS, a contributing factor to the flooding in this area of Orangeburg and the consequent closing of roads, water damage to property, and the transportation of pollutants to the Sparkill Creek from standing water in adjacent commercial  and industrial areas and from New York State Route 303 is an undersized and deteriorating culvert located at 400 Rte 303; and

 

WHEREAS, the Town Board the Town Board determined that a project to improve water quality in the Sparkill Creek and address the other problems resulting from the regular flooding due to inadequate and deteriorating drainage in the area should be implemented, and to this end secured funding from the New York State Department of Environmental Protection Estuary Management Grant Program 2015 for Local Stewardship Planning to prepare an engineering design for drainage improvements, including a new culvert sized to provide drainage during heavy rainfall, and stream clearance and restoration; and

 

WHEREAS, the Town Board has determined that the project to construct the Rte 303 culvert and improve stream flow of the Sparkill Creek in the project area is desirable and in the public interest and should be implemented; and

 

WHEREAS, State assistance is available to municipalities from the Climate Smart Communities Grant Program to implement projects that advance the work of municipalities in addressing climate change, and the Municipality deems it to be in the public interest and benefit to enter into a contract therewith;

 

NOW, THEREFORE, BE IT RESOLVED BY THE ORANGETOWN TOWN BOARD

 

1. That the Town Supervisor is authorized to act in behalf of the Municipality’s governing body in all matters related to State assistan The representative is also authorized to make application to the New York State Department of Environmental Conservation, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance;

 

2. That the Municipality agrees that it will fund at least 50% ($225,000) of the project cost of $445,000, and that funds will be available to initiate the Project’s field work upon contract execution with the Department of Environmental Conservation;

 

3. That this Resolution takes effect immediately.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 408                                          HISTORIC AREAS / DIRECT CIRCULATION OF PROPOSED LOCAL LAW AMENDING THE TOWN CODE

 

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

 

RESOLVED, that with regard to the Public Hearing set by the Town Board for Tuesday, August 15, 2017 at 8:05 p.m., in Resolution No. 353 of 2017, concerning a proposed local law amending Sections 12-3, 12-4.(H), 12-5.(A)(3) and 12-6.(A)(3), and to amend Chapter 34, Article III, Section 3.11 and the related General Use Regulations thereto, that in connection therewith, the Town Board declares its intent to be lead agency for environmental review, and directs the circulation thereof to all interested and involved agencies; and, further, directs the

RESOLUTION NO. 408 – Continued

 

circulation of the proposed law for review and comment to the Rockland County Department of Planning, pursuant to GML § 239, and to the Town Planning Board, pursuant to § Town Code Chapter 43, § 10.5.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny

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RESOLUTION NO. 409                                          ADOPT/ENTITY DISCLOSURE FORM

 

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

 

WHEREAS, on June 13, 2017, the Town Board enacted Chapter 43, Article 16 of the Town Code entitled “Entity Disclosure” identified as Local Law #2017-7, which local law in sum and substance, requires entities seeking land use application approval from the Town’s land use boards to disclose the names of persons having interests in said entities, as set forth more fully in such local law and

 

WHEREAS, said local law provides for the Town Board to approve by resolution, from time to time as may be required, the form to be utilized by the Town for entities to provide such information as is consistent with the aforesaid Local Law #2017-7, and

 

WHEREAS, the Town Board has reviewed a proposed form which has been reviewed and approved by the Town Attorney’s Office and the Office of Building, Zoning, Planning, Administration and Enforcement, and identified as (TAO/ds/rm July, 2017) and finds said form is in accordance and compliance with the Town Board’s adoption of Local Law

#2017-7, Chapter 43, Article XVI,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and adopts an “Entity Disclosure Form” in the form annexed (TAO/ds/rm July, 2017), which form is in accordance and compliance with the adoption of Local Law #2017-7, Chapter 43, Article 16 of the Town Code entitled “Entity Disclosure” for use by the Town in furtherance of the review of land use applications consistent with the requirements of said Local Law.

 

Ayes:      Councilpersons Bottari, Troy, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Diviny

***

 

RESOLUTION NO. 410                                          SET DATE/PUBLIC MEETING SEPTEMBER 9, 2017 / ORANGETOWN DEPT HEADS /2018 BUDGET PRESENTATIONS

 

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

 

RESOLVED, that a public meeting is scheduled on Saturday, September 9th, at 8:00 a.m., to hear 2018 Budget Presentations, by Town Department Heads, which meeting is expected to continue through 12:00 P.M., and directs the Town Clerk to notify the public of this meeting.

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Valentine

Noes:      None

Absent:  Councilman Diviny

 

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RESOLUTION NO. 411                                                      PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Finance Director, the Finance Office is hereby authorized to pay vouchers for six (6) warrants, for a total of $1,231,330.97.

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Valentine

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 412                                          ENTER EXECUTIVE SESSION              JP MORGAN CHASE/SALE OF RPC PROPERY

 

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

 

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

 

RESOLVED, at 8:38 p.m. the Town Board entered Executive Session to discuss the sale of RPC property to JP Morgan Chase.  Supervisor Stewart said no further votes will be taken.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

Absent:  Councilman Diviny

***

RESOLUTION NO. 413                                          RE-ENTERED RTBM/ADJOURNED

 

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

 

RESOLVED, at 9:55 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Bob Wolff, South Nyack; Michael Kisfalvi, Orangeburg; William Theodore (Ted) de Bary, Tappan; and Reverend Henry (Hank) Beukema, Upper Grandview.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Bottari

Noes:      None

Absent:  Councilman Diviny