Meeting Overview

 

TOWN OF ORANGETOWN

 REGULAR TOWN BOARD MEETING

TUESDAY, OCTOBER 24, 2017

 

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

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

Supervisor Andrew Stewart

 

Also present:

Geraldine Orlik, Deputy Clerk

John Edwards, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

Jane Slavin, Director of OBZPAE

Joseph Moran, Commissioner of DEME

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

Kevin Nulty, Police Chief

James Brown, Police Captain

 

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

 

Dr. Karen Ventrano, TRC Environmental Corporation, by way of a conference called summarized the results and answered questions relating to the air/stack testing done in the area of Aluf Plastics (via telephone).  A copy of her Letter of Review is marked Exhibit 10-G-17.

  

RESOLUTION NO. 537                                          SET PUBLIC HEARING/ DECLARE  INTENT LEAD AGENCY/DIRECT CIRCULATION/CHAPTER 43 §4.1 PERFORMANCE STANDARDS/ ODOR PARTICULATE MATTER/ OPACITY

 

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

 

RESOLVED that the Town Board will hold a public hearing on December 5, 2017, at 8:05 p.m., on a proposed Local Law, as follows, amending Chapter 43¸ §4.1, Performance Standards – relating to odor, particulate matter, and opacity.

 

BE IT BURTHER RESOLVED, that in connection therewith, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review under SEQRA, makes the preliminary determination that the action is an “unlisted” action under SEQRA, and directs that a Lead Agency Coordination Letter with relevant documents be circulated to and among the various below referenced agencies; and

 

BE IT FURTHER RESOLVED, that the proposed local law be circulated to the Rockland County Department of Planning for the purpose of review pursuant to General Municipal Law §§ 239- l & m; and

 

BE IT FURTHER RESOLVED, that, pursuant to Town Code Chapter 43, §4.1 the proposed local law be circulated to the Town Zoning Board of Appeals inviting its input regarding, among other things, the implications of such an amendment, and requesting a response within 30-days.

 

Ayes:      Councilman Diviny, Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 538                                          SURPLUS EQUIPMENT / IT DEPT

 

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

 

RESOLVED, upon the recommendation of Director of Automated Services, declare the following surplus equipment available for auction.

 

Avaya Phones- 67 Items

Ayaya 6731- 4

Avaya 2420- 10

Avaya 6424- 3

Avaya 6408- 33

Avaya 6416- 2

Avyaa 2410- 4

Avaya EU24- 9

Avaya XM24- 3

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 539                                          AGREEMENT/NEXVORTEX/MSIP SERVICE (PHONE SERVICE)

 

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

 

 

 

RESOLUTION NO. 539 – Continued

 

RESOLVED, upon the recommendation of Director of Automated Services, enter into agreement with current vendor Nexvortex for three (3) years to provide upgraded VoIP phone service at base cost of $329.00 per month.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 540                                          SETTLEMENT/SEWER BACKUP CLAIM/CLIFFORD PARKER

 

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

 

RESOLVED, that the Town board hereby approves the settlement of a pending litigation, relating to a sewer backup, in the matter of Clifford Parker III et al. v. Town of Orangetown, Rockland County Index No. 030418/2015, for the sum of Six Thousand Dollars ($6,000.00).

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 541                                          SETTLEMENT/BICYCLE ACCIDENT/GUY VARDI

 

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

 

RESOLVED, that the Town board hereby approves the settlement of a pending litigation, arising out of a bicycle accident at the intersection of Rte. 9W and Rockland Road, in the matter of Guy Vardi v. Town of Orangetown, Rockland County Index No. 032287/2016, for the sum of Fifteen Thousand Dollars ($15,000.00).

 

Ayes:      Councilpersons Bottari, Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 542                                          ROAD WIDENING DEED – ERIE STREET / AND STORM WATER MAINTENANCE AGREEMENT/KOLB SITE PLAN/582 ROUTE 303 ORANGEBURG/ 70.14-4-12

 

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

 

RESOLVED, that upon recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering, and the Superintendent of Highways, pursuant to the Kolb Site Plan as approved by the Planning Board in decision 2017-24, the Town hereby accepts from Kirchner Family Enterprises, LP and Traction Service Center, LLC, a Road Widening Deed for Erie Street and a Storm Water Maintenance Agreement for the project, and the Supervisor or his designee shall execute all documents necessary to effectuate acceptance of same.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

***

 

 

RESOLUTION NO. 543                                          REPAIR/PURCHASE/VEHICLES BUILDING DEPT.

 

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

 

WHEREAS, OBZPAE has two inspector vehicles that are currently not usable and one additional vehicle that is near replacement; and

 

WHEREAS, Jane Slavin, Director, OBZPAE met with Frank Peneno, Automotive Maintenance Supervisor, on October 10, 2017 to evaluate the status and maintenance costs of OBZPAE vehicles and determine a course of action for repair or replacement; and

 

WHEREAS, vehicle number 403, model year 2005 has 100,168 miles and requires a new transmission, cylinder head, tires and exhaust leak at an approximate projected repair cost of $3,400.00; and

 

WHEREAS, vehicle number 405, model year 2005 has 67,911 miles and requires a new transmission and rotors at an approximate projected repair cost of $3,000.00. In addition, the electrical harness in vehicle 405 is in poor shape and will be in need of replacement; however this part is no longer available; and

 

WHEREAS, Vehicle number 408, model year 2008 has 135,412 miles and the hybrid battery will soon require replacement at an approximate projected replacement cost of

$2,500.00; therefore

 

BE IT RESOLVED THAT, upon review of maintenance records and projected costs of repair, the Town Board approves the request of the Director of OBZPAE to immediately purchase a new vehicle for replacement of vehicle 403 and repair of vehicle 405, with replacement of vehicle 405 and 408 during 2018.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 544                                          AID / USE OF VARIOUS ROADWAYS BIKE MS NYC – NATIONAL MULTIPLE SCLEROSIS SOCIETY

 

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

 

RESOLVED, that the Town Board hereby authorizes the Town of Orangetown Highway Department in conjunction with the Rockland County Highway Department to permit the National Multiple Sclerosis Society to use various roadways for their annual Bike Ride in the Town of Orangetown on Sunday, October 22, 2017, from 7 am to 5 pm.

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Diviny, Valentine

Noes:      None

***

 

RESOLUTION NO. 545                                          AID/SHARE CHRISTMAS/ROTARY CLUB OF PEARL RIVER

 

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

 

 

 

RESOLUTION NO. 545 – Continued

 

RESOLVED, that the Town Board hereby authorizes the Highway Department to lend assistance, which includes the use of barricades, trash barrels, and message board for the Share Christmas event, on Friday, December 8, 2017 (rd: 12.15.17), from 6 pm to 10 pm.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 546                                          DECLARE SURPLUS EQUIPMENT HIGHWAY DEPT.

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, the following equipment is declared surplus:

 

#37      2006 John Deere 624J             DW624JP601564

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 547                                          SHOWMOBILE/NYACK CHAMBER OF COMMERCE/HALLOWEEN PARADE

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy 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 Nyack Chamber of Commerce for their Halloween Parade on Saturday, October 28, 2017 (rain date October 29th) 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 Troy, Diviny, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 548                                          SHOWMOBILE/PEARL RIVER ROTARY/SHARE CHRISTMAS

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine 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 Rotary Club of Pearl River for their Share Christmas and the Holidays Event on Friday, December 8, 2017 (rain date December 15) at a rental cost of $400.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 549                                          SHOWMOBILE/ORANGEBURG FIRE DEPARTMENT/HOLIDAY PARADE

 

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

RESOLUTION NO. 549 – Continued

 

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 Orangeburg Fire Department for their Holiday Parade on Saturday, December 9, 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:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 550                                          AID/VILLAGE OF NYACK HALLOWEEN 5K RUN

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny 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 the rental of 4 porto- john units for the Village of Nyack 5K Halloween Run on Saturday, October 21, 2017.

 

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 551                                          AWARD BID/ STOCKADE FENCING / RAIL TRAIL DELONGIS CT & KNIGHT CT

 

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

 

WHEREAS, the Superintendent of Parks and Recreation duly advertised for sealed bids for installation of stockade fencing along the Joseph B. Clarke Rail Trail, which were received and publicly opened on October 5, 2017; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 10-I-17, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation, this bid is hereby awarded to Yaboo Fence Co., West Nyack, NY, in an amount not to exceed $100,000.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 552                                          DONATION OF MEMORIAL BENCH/PARKS & RECREATION

 

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

 

RESOLVED, upon the recommendation of Superintendent of Parks and Recreation, the Town Board hereby accepts with gratitude the donation of one memorial bench to be placed along the Blauvelt section of the J.B. Clarke Rail Trail (Engraving will read “In Memory of Richard G. Ingersoll, Sr.”).

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 553                                          CONTRACT/NYACK HOSPITAL (EMPLOYEE ASSISTANCE PROGRAM)

 

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

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign the annual contract with Nyack Hospital EAP (Employee Assistance Program) beginning October 1, 2017, and ending September 30, 2018, at a cost of $10,879.00.

 

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 554                                          GRANT APPLICATION/NYS JUSTICE COURT ASSISTANCE PROGRAM SECURITY AND OFFICE EQUIPMENT

 

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

 

RESOLVED, that the Supervisor is hereby authorized to submit a grant application for the Orangetown Justice Court to the New York State Justice Court Assistance Program 2017-18 in the amount of $10,029 for the purpose of obtaining security equipment and office equipment.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 555                                          PERFORMANCE BOND ORANGETOWN COMMERCE CENTER / 5 GREENBUSH ROAD (74.15-1-2)

 

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

 

WHEREAS, BF Orangetown, LLC as developer of certain property located at 5 Greenbush Road, Orangebrug, New York, (Tax Lot 74.15 Block 1 Lot 2) applied for and received site plan approval from the Town of Orangetown Planning for said property pursuant to Planning Board decisions #2016-62 and 2016-63 for the project known as “Orangetown Commerce Center” and

 

WHEREAS, pursuant to the aforesaid approvals, the Planning Board, at the recommendation of the Department of Environmental Management and Engineering, in its decision identified as PB 2017-49, required that the applicant post a Performance Bond in the amount of $167,332.00 to ensure the construction and completion of certain public improvements pursuant to the aforesaid approvals, and

 

WHEREAS, the applicant has submitted a fully executed Performance Bond dated September 18, 2017, issued by International Fidelity Insurance Company, as Surety, on behalf of BF Orangetown, LLC, as principal, in the amount of $167,332.00 naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the “Orangetown Commerce Center Site Plan”, which Performance Bond has been approved as to form and substance by the Town Attorney’s Office,

 

NOW THEREFORE BE IT FURTHER RESOLVED THAT, the Town hereby formally accepts, a Performance Bond dated September 18, 2017 issued by International Fidelity Insurance Company as Surety, on behalf of BF Orangetown, LLC, as principal, in the amount of $167,332.00 naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the “Orangetown Commerce Center Site Plan” no later than

 

RESOLUTION NO. 555 – Continued

 

September 18, 2017 and said bond to be returned only upon satisfactory completion of said public improvements according to the terms of said Bond and Planning Board decisions 2016-62, 2016-63 and 2017-49, any Town departments having jurisdiction thereof, and formal resolution of the Town Board.”

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 556                                          HEARING OFFICER/DISCIPLINARY CHARGES/EMPLOYEE #1450

 

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

 

RESOLVED, the Town Board hereby appoints William Sherwood to act as a Hearing Officer, pursuant to §75 of the Civil Service Law of the State of New York with respect to certain disciplinary charges, dated September 27, 2017, preferred against Employee #1450.  The Hearing Officer is directed to conduct a hearing, making findings of fact and issue a recommendation of guilt or innocence, along with a recommended penalty, if appropriate, to the Town Board.

 

BE IT FURTHER RESOLVED, the Town Board approves of the compensation of Hearing Officer Sherwood, at a rate of $225.00 per hour for services rendered.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

 

RESOLUTION NO. 557                                            VETERANS/FREE GREEN FEES/VETERANS DAY 2017

 

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

 

RESOLVED, upon the recommendation of the Town Board, free greens fees are hereby granted to all U.S. Military Veterans, regardless of residency, on November 13, 2017, at Blue Hill Golf Course and Broadacres Golf Course, in gratitude for their service to this country.  Marketing materials related to this benefit will request the Veterans be prepared to show proof of service.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 558                                          AGREEMENT/REIMBURSEMENT COUNTERTERRORISM TRAINING OVERTIME/ROCKLAND COUNTY

 

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

 

RESOLVED, the Town of Orangetown approves the Inter-municipal Agreement with Rockland County for Reimbursement of Law Enforcement Overtime for Counterterrorism

 

RESOLUTION NO. 558 – Continued

 

aTraining for the period covering September 1, 2016 through August 31, 2017, in the amount of $26,078.00 and authorizes the Supervisor or his designee to fully execute said contract.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 559                                          SET PUBLIC HEARING DATE REGULATION OF DEVICES IN PUBLIC RIGHT OF WAY & EASEMENTS

 

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

 

RESOLVED, the Town Board will hold a public hearing December 19, 2017, 8:05pm, on a proposed local law relating to Regulations of Devices in public Right of Ways and easements.

 

Ayes:      Councilman Diviny, Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 560                                                      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, the Finance Office is hereby authorized to vouchers on six (6) warrants for a total of $1,600,328.88.

 

Ayes:      Councilman Diviny, Supervisor Stewart

Councilpersons Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 561                                                      ADJOURNMENT/MEMORY

 

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

 

RESOLVED, at 11:00 pm, the Town Board adjourned in memory of Sr. Helen Murphy, Administrator of NY Foundling and St. Agatha’s Home; Charles (Chuck) Vilbig, Blauvelt; Elizabeth Larkin, Pearl River; Patricia Barry, Tappan; and Kathleen T. Glynn, Blauvelt.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None