Meeting Overview

 

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, JUNE 6, 2017

 

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

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

Supervisor Andrew Stewart

 

Also present:            Charlotte Madigan, Town Clerk

John Edwards, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

Brian Kenney, Assessor

James Dean, Superintendent of Highways

Joseph Moran, Commissioner of DEME

John Giardiello, Director of OBZPAE

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.

 

Auxiliary Police Officer, Corinna Sandoval was presented with the “Lt. Jack Lyman Auxiliary Police Service Award”.  She is the first female officer to be honored.  This award is designed to recognize a current member of the Auxiliary Police Unit, who has shown the same dedication, devotion and service as Jack Lyman.

 

Charlotte Madigan, Town Clerk, administered the Oath of Office to Police Sergeant Joseph Sullivan and Detective /Youth Officer David Maddalena.

 

RESOLUTION NO. 304                                          AMEND ACCESS AGREEMENT  RUSSO DEVELOPMENT / TOWN OWNED LANDS / 200 OLD ORANGEBURG ROAD

 

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

 

WHEREAS, on April 4, 2017 the Town Board approved an Access Agreement for Russo Development to conduct environmental assessment of Tax Lot 73.15­1­17, pursuant to Russo’s offer to purchase the land for data center development, and

 

WHEREAS, the Town is considering relocating public facilities from Tax Lot

73.15­1­17 to a portion of Tax Lot 72.12­1­3.1 on the RPC campus and needs Russo Development to provide certification of the location of wetlands and hence the extent of building area at this site, therefore, be it

 

RESOLVED, that the Town Board authorizes the amendment of Schedule “A”

of the Access Agreement to include 200 Old Orangeburg Road, Tax Lot 72.12­1­3.1

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 305                                          SUPPORT/ HUDSON RIVER SLOOP CLEARWATER’S SAIL /MAINTAIN CLEAN WATER AND OTHER ENVIRONMENTAL PROTECTIONS

 

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

 

WHEREAS in 1970 Pete Seeger and the Hudson River Sloop Clearwater helped turn the tide in favor of enacting the 1972 Clean Water Act by sailing the Clearwater to Washington, DC and organizing an historic Capitol Hill forum on the need for federal clean water protections, where Seeger said,

 

“The problems of the American Rivers can’t be solved by people . . . who live on them.       Only the Federal Government has the power to enact and enforce the laws that are            needed;” and

 

RESOLUTION NO. 305 – Continued

 

WHEREAS the Hudson River and many American waterways are much cleaner and safer as a result of the implementation of the Clean Water Act, as well as other state and national environment protection legislation and regulations; and

 

WHEREAS issues of serious water pollution still plague communities from Flint, Michigan to the City of Newburgh or the Village of Hoosic Falls in New York; and

 

WHEREAS a clean, safe and healthy environment is foundational for a strong economy; and

 

WHEREAS existing federal clean water protections, have recently been rolled back or are coming under threat from many quarters, including:

 

• Using the Congressional Review Act to undo the Stream Protection Rule, which previously protected waterways from surface coal mining pollution;

 

• Using the EPA rulemaking process to “repeal and replace” the Waters of the United States Rule, which extended Clean Water Act protections to 60% of U.S. streams and 20 million acres of wetlands, and these waters and wetlands will soon lose those protections if the Rule is undone;

 

• Proposed 31% cuts to EPA funding, including, among other things: a 45% cut in Categorical Grants to states for water protection programs; elimination of the $427 million funding of the Great Lakes Restoration Initiative and other regional programs; a total estimated cut of $1 billion in Office of Water programs; and

 

WHEREAS proposed cuts to Superfund would undermine Superfund cleanup in 85 sites across New York State; and

 

WHEREAS federal water protections and robust EPA regulation and enforcement are vital to the environmental health of New York’s waterways and to the safety of its drinking water; and

 

WHEREAS climate change is also a water quality issue and already impacts New York’s waterways and drinking waters through more frequent and severe droughts and storms; and

 

WHEREAS, many water quality issues, such as phosphorus loading of our lakes and streams, directly impact aquatic life and recreation and will require increases in Federal Funding for stormwater infrastructure; and

 

WHEREAS, drinking water contaminants which jeopardize public health and safety are just being uncovered in many existing water systems, flat-funding Federal grants will not allow States and Municipalities to implement drinking and waste water infrastructure projects needed for their prevention or remediation; and

 

WHEREAS, these issues and threats affect not only all New Yorkers, but all Americans; and

 

WHEREAS, the Sloop Clearwater will carry to Washington and deliver to federal officials a “cargo of concern” documenting the broad-based concerns of citizens, public interest groups, and municipal and state officials throughout New York about growing threats to our water and to federal clean water protections, and the need for sound, science-based water policy;

 

THEREFORE, BE IT RESOLVED, that the Town of Orangetown hereby registers its deep concern over current rollbacks and threats to federal clean water protections as described above, affirms the need for sound, science-based water policy and for adequate regulation, enforcement and funding as pressure on water quality and safety continue to mount.  We also wish to express our support for the effort Clearwater is leading to carry our concerns and concerns of many New Yorkers for clean water and other environmental protections directly to Washington.

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Diviny, Valentine

Noes:      None

***

RESOLUTION NO. 306                                          RECEIVE AND FILE/INDEPENDENT AUDITOR’S REPORT AND STATEMENT OF CASH RECEIPTS/JUSTICE COURT

 

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

 

RESOLVED, that upon recommendation of the Justice Court Clerk, the Independent Auditor’s Report and Statement of Cash Receipts, Cash Disbursements and Cash Balances for the year ended December 31, 2016, from PFK O’Connor Davies, LLP, is hereby received and filed in the Town Clerk’s Office.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 307                                          ACCEPT/RECEIVE/FILE/TOWN CLERK’S OFFICE

 

Councilman Troy 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. Brightview Lake Tappan Senior Housing Title Insurance Policy (0­8911­732273) issued by Stewart Title Insurance Company and Sanitary Sewer Easements regarding The Receational Ass’n of the James H Anderson Post #1199 American Legion, Inc. (Instrument No. 2017­2457); 67 Hunt Road, LLC (Instrument No. 2017­2458); Keira B. Burtch (Instrument No. 2017­2459); Claude P. Baumann (Instrument No. 2017­2460).
2. Agreement: Green Innovation Grant Program (GIGP#1308) w/NYS Environmental Facilities Corporation (EFC), dated 10/20/16; Home for Heroes Green Innovation Project CWSRF #C3­5345­08­00.
3. Town Board Meeting minutes: April 4, 2017, May 2, 2017 & May 16, 2017 Regular
4. Town Board Meetings; May 9, 2017 Police Commission and April 25, 2017, May 9,

2017 & May 23, 2017 Workshops.

5. Hillside Commercial Park, Pearl River, Storm Water Maintenance Agreements (RC Instr. No(s). 2017­14024 & 2017­10425) for 68.11­3­39 & 40.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 308                                          TAX CERTIORARI SETTLEMENT ROCKLAND COUNTRY CLUB

 

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

 

RESOLVED, upon the recommendation of the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Consent Judgment regarding the tax certiorari proceeding Rockland Country Club v. The Assessor of the Town of Orangetown, et al.,  Tax Map designation 78.09­1­24 (380 Route 9W, Palisades) for the tax assessment years 2014 through 2016, for a total refund by the County of $17,295, a total refund by the Town of $50,546 and a total refund by the South Orangetown School District of $253,894.  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 order based upon the settlement is served on the Town (and Rockland County Finance Dept.).

 

Ayes:      Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

RESOLUTION NO. 309                                          CONTRACT EXTENSION/CHESTNUT RIDGE TRANSPORTATION ORANGETOWN SUMMER CAMP

 

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

 

RESOLVED, that pursuant to Paragraph 36 of the 2016 Bid Specifications for the 2016 Bus Transportation for the Orangetown Summer Day Camp, and by the attached letter dated May 19, 2017, Chestnut Ridge Transportation has agreed to extend the Contract for the 2017 camp season, upon the same terms and conditions, including at the same cost to the Town.   Therefore, upon the recommendation of the Superintendent of Parks, Recreation and Buildings, and subject to the delivery of updated insurance certificates, please prepare agreement extension between the Town of Orangetown and Chestnut Ridge Transportation for the 2017 Camp Season.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 310                                          SHOWMOBILE/ VILLAGE OF NYACK/MOSTLY MUSIC FESTIVAL

 

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

 

RESOLVED, upon completion of all necessary paperwork the Superintendent of Parks and Recreation has forwarded for approval by the Town Board use of the Showmobile by the Village of Nyack their Mostly Music Festival on Tuesday, June 27, 2017 at a rental cost of $400.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Diviny, Valentine

Noes:      None

***

RESOLUTION NO. 311                                          RETIREMENT/JOHN GIARDIELLO DIRECTOR, OFFICE OF BUILDINGS, PLANNING, ZONING ADMINISTRATION AND ENFORCEMENT (OBZPAE)

 

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

 

RESOLVED, the Town Board accepts, with regret, the retirement of John Giardiello, Director of The Office of Building, Planning, Zoning Administration and Enforcement, effective July 22, 2017.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 312                                          RESCIND RESOLUTION 288-2017   SET PH/HISTORIC DISTRICTS AMENDING SECTIONS 12­3, 12­4.(H), 12­5.(A)(3) AND12­6.(A)(3) AND TO AMEND CHAPTER 43, ARTICLE III, SECTION 3.11 AND THE RELATED GENERAL USE REGULATIONS

 

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

RESOLUTION NO. 312 – Continued

 

RESOLVED, that the Town Board hereby rescinds Resolution 288 of 2017, setting a public hearing on Tuesday, June 6, 2017 at 8:05 pm on the Historic Districts, Amending Section 12­3, 12­4.(H), 12­5.(A)(3) and 12.6.(A)(3) and to amend Chapter 43, Article III, Section 3.11 and the related General Use Regulations thereto.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 313                                          SKAE SITE PLAN – COLUMCILLE HARDSHIP EXCEPTION APPLICATION TEMPORARY MORATORIUM ON TELECOMMUNICATIONS FACILITIES AND STRUCTURES/ 337 BLAISDELL ROAD (78.08-1-4 & 4) RECEIVES  CIRCULATES

 

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

 

RESOLVED, that the Town Board hereby receives the application for Hardship Exception to the Temporary Moratorium on Communications Towers, Mono­poles, Antennas and Other Telecommunications Facilities and Structures, for the Skae Site Plan, Columcille Properties, LLC, 337­339 Blaisdell Road, Orangeburg, Section 78.08-1-3 & 4 (to be combined) and circulate application to Rockland County Department of Planning.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 314                                          SET PUBLIC HEARING / HARDSHIP APPLICATION / SKAE SITE PLAN COLUMCILLE PROPERTIES, LLC 337-339 BLAISDELL RD (78.08-1-3 & 4)

 

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

 

RESOLVED, that a Public Hearing is scheduled for June 20, 2017, 8:05 pm to discuss Skae Site Plan, Columcille Properties, LLC Hardship Exception application, regarding the Temporary Moratorium on Communications Towers, Mono-Poles, Antennas and Telecommunications Facilities and Structures, for 337-339 Blaisdell Rd, (78.08-1-3 & 4).

 

Ayes:      Councilperson Troy, Supervisor Stewart

Councilpersons Diviny, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 315                                          NYS EFC CLEAN WATER GRANT APPLICATION/IMPROVEMENTS TO MEET REQUIRED TOTAL RESIDUAL CHLORINE LIMIT

 

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

 

WHEREAS, the Town of Orangetown in order to comply with the revised SPDES permit issued by the New York State Department of Environmental Conservation to the Orangetown Waste Water Treatment Plant requiring modification of the daily maximum final effluent Total Residual Chlorine (TRC) limit from 0.5mg/L to 0.10m/L, engaged a consulting engineer to

 

 

RESOLUTION NO. 315 – Continued

 

prepare an engineering report detailing the design basis, treatment unit type and sizing that will be used to comply with the  maximum daily limit of TRC;

 

WHEREAS, the Town of Orangetown intends to implement the design, equipment and treatment improvements detailed in the consulting engineer’s report of April 2017 in order to be in compliance with the requirements of the revised SPDES permit issued by the NYS DEC;

 

WHEREAS, the State of New York, Environmental Facilities Corporation provides financial assistance to municipalities to upgrade waste water treatment systems through the New York State Water Infrastructure Improvement Act, Clean Water program;

 

WHEREAS, the Town of Orangetown intends to submit an application to the NYS Environmental Facilities Corporation for funding not to exceed $193,750 to underwrite approximately 25% of the total project cost, and hereby authorizes the Supervisor, Andrew Y. Stewart, to submit the application.

 

NOW, THEREFORE, BE IT RESOLVED BY the Board of the Town of

Orangetown:

 

1. That Andrew Y. Stewart, as Supervisor, is hereby authorized to file an application to the NYS Environmental Facilities Corporation for funding from the New York State Water Infrastructure Improvement Act for Clean Water projects.
2. That the Town of Orangetown agrees that it will fund at least 75% of the cost of the Project and those funds will be available upon execution of the contract with the NYS Environmental Facilities Corporation.

 

Ayes:      Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

***

 

RESOLUTION NO. 316                                          PAYMENT/SYLVIA WELCH            EFC GRANT REQUEST/TOTAL RESIDUAL CHLORINE

 

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

 

WHEREAS, the Town Board has previously approved the application to the NYS Environmental Facilities Corporation for $193,750 in grant funding (25% of total project cost of $775,000) for upgrading the town’s wastewater treatment process to meet NYS DEC’s regulations on Total Residual Chlorine in treated effluent,

 

RESOLVED, the Town Board authorizes the Supervisor to pay Sylvia Welch

$1105 (17 hours X $65/hour), for the research, writing and submission of this

EFC grant request, and to sign any related documents to obtain these funds.

 

Ayes:      Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

***

 

RESOLUTION NO. 317                                          PAY VOUCHERS

 

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

 

 

RESOLUTION NO. 317 – Continued

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for two (2) warrants for a total of $2,141,320.96.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 318                                          ENTER EXECUTIVE SESSION     CSEA CONTRACT/SALE OF PROPERTY/JPM CHASE

 

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

 

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

 

RESOLVED, at 9:44 p.m. the Town Board entered Executive Session to discuss the CSEA contract and sale of property to JP Morgan Chase.  Supervisor Stewart said no further votes will be taken.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 319                                          RE-ENTERED RTBM/ADJOURNED

 

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

 

RESOLVED, at 10:20 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Angelina Benicasa, Sparkill, mother­in­law of  employee, Michael Yannazzone and grandmother of P.O. Michael Yannazzone, Jr.;  Rae Hartman, Donald Brenner’s sister; Robert Boyle, author of Hudson River, A Natural and Unnatural History (1969); Joyce Higgins Edwards, Blauvelt (formerly from Pearl River); and James Finnegan, Pearl River.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Stewart

Noes:     None