Meeting Overview

TOWN OF ORANGETOWN

POLICE COMMISSION MEETING

SEPTEMBER 01, 2020

 

This meeting was opened at 6:30 PM. Supervisor Teresa M. Kenny presided called the roll.

 

Present were:

Councilperson Paul Valentine

Councilperson Denis Troy

Councilperson Jerry Bottari

Supervisor Teresa M. Kenny

 

Absent:

Councilperson Thomas Diviny

 

Also Present:

Allison Kardon, Supervisor’s Confidential Assistant

Carmel Reilly, Director of Economic Development & Tourism

Robert Magrino, Town Attorney

Jeff Bencik, Finance Director

Donald Butterworth, Police Chief

James Brown, Police Captain

Michael Shannon, Police Captain

 

RESOLUTION NO. 384

2021 POLICE BUDGET PRESENTATION

 

RESOLVED, Chief Donald Butterworth presented the Police 2021 Budget to the Town Board for review.

 

Supervisor Teresa M. Kenny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

Absent: Councilperson Thomas Diviny

 

RESOLUTION NO. 385

ADJOURNED

 

RESOLVED, 6:54 PM, Town Board re-entered the Police Commission Meeting and adjourned.

 

Supervisor Teresa M. Kenny offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 4 – 0

Ayes: Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

Absent: Councilperson Thomas Diviny

_________________________________

      Rosanna Sfraga, Town Clerk

 

 

 

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

SEPTEMBER 01, 2020

 

This meeting was opened at 7:00 PM. Supervisor Teresa M. Kenny presided and Rosanna Sfraga, Town Clerk, called the roll.

 

Present were:

Councilperson Thomas Diviny (arrived at 7:28 pm)

Councilperson Paul Valentine

Councilperson Denis Troy

Councilperson Jerry Bottari

Supervisor Teresa M. Kenny

 

Also Present:

Michael Lawler, Deputy Supervisor

Allison Kardon, Supervisor’s Confidential Assistant

Carmel Reilly, Director of Economic Development & Tourism

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

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

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

 

Pledge of Allegiance to the Flag:  Joseph Thomassen

 

ANNOUNCEMENTS:

 

The Orangetown Museum will open with a new exhibit, “The Orangetown Suffragist,” on Thursday, Sept. 10, 2020, at The DePew House on 196 Chief Bill Harris Way, Orangeburg, NY. It will be a “soft opening” with no reception. Hours are 10-2 PM. Regular hours that the exhibit can be seen are Tuesdays and Fridays 10-2 PM and on Sundays 1-4 PM. admission is free and donations graciously accepted.

 

September 11, 2020 (Friday) – 19th Anniversary of 9/11 – Remembrance Service at Town Hall Lawn Monument at 6:00 P.M.

 

STBM / September 12, 2020 (Saturday) from 8:00 A.M. – 12:00 P.M. / Town Department Heads Budget Presentations / Court Room 1

 

October 17, 2020 (Saturday) 8:00 am – noon – Free Drive-Thru Shredding Event at Orangetown Town Hall held by the Town Clerk’s Office – Please bring non-perishable food items as a donation to People to People – Help someone get ahead while you shred!

 

PRESENTATIONS:

 

2021 BUDGET PRESENTATIONS FOR LIBRARIES AND SPECIAL DISTRICTS:

7:15 P.M. – Rockland Paramedics (Tim Egan/Ray Florida)

7:20 P.M. – Blauvelt Fire Department (Mike Conklin)

7:30 P.M. – Orangeburg Library (Rodney/Picott / Michelle Galle-Looram)

7:35 P.M. – Tappan Library (Vicki Caramante / Sara Nugent)

PRESENTATIONS – Continued

 

7:40 P.M. – Palisades Library (Marjorie Galen / Maria Gagliardi)

7:45 P.M. – Blauvelt Library (Samantha McCullagh / Sal Pagnani / Laura Grunwerg)

 

 

DISCUSSION:

WORKSHOP OF AGENDA ITEMS

 

RESOLUTION NO. 386

OPEN PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby opened.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

Summary of Public Comments:

Carol Baxter, Palisades – many residents are concerned as to what is going to happen with the HNA property.  They want to help and be representatives on the planning team.  She believes the easement along Route 9W should remain.

Mike Mandel, Pearl River, thanked the Town for the removal of the damaged tree in Cherry Brook Park.  He asked to postpone moving forward on the Community Center.

Barbara Delo, Blauvelt, is concerned about the fund balance and the increase in the tax base.  She believes vital services for residents must be protected.

 

RESOLUTION NO. 387

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, that the public portion is hereby closed.

 

Supervisor Teresa M. Kenny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 388

AUTHORIZATION TO ISSUE RFP / ORANGETOWN COMMUNITY CENTER

 

RESOLVED, that the Town Clerk’s office is hereby authorized to issue a Request for Proposals (RFP) for the “Orangetown Community Center” as prepared by H2M Architects, for the purpose of receiving bids to provide General/Civil Construction Work, HVAC Construction Work, Plumbing Construction Work, and Electrical Construction Work with respect to the construction of same, with proposal to be received until Tuesday October 6, 2020 at 11:00 a.m. as set forth more fully in the RFP.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 389

APPROVAL OF 2020 CERTIFICATE OF SEWER REGISTRATION

 

RESOLVED, that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2020 Sewer Work is approved to:

 

MFD Quality Construction, 173 Old Route 304, New City, NY 10956

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 390

ACCEPT PERFORMANCE BOND / THE CLUB WEST AT PEARL RIVER, LLC / PHASE II SITE PLAN /661 WEST BLUE HILL ROAD PEARL RIVER

 

WHEREAS, The Club West at Pearl River, LLC as developer of certain property located at 661 West Blue Hill Road, Pearl River, New York (Tax Lot 73.10 Block 1 Lot 5) applied for and received site plan approval from the Town of Orangetown Planning for said property pursuant to Planning Board decisions PB #2019-26 and #2020-05 for the project known as “The Club West at Pearl River -Phase II Site Plan” 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 #2020-35 required that the applicant post a Performance Bond in the amount of $962,324.00 (Nine Hundred Sixty Two Thousand Three Hundred Twenty Four Dollars) 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 August 17, 2020, issued by One Beacon Surety Group, as Surety, on behalf of The Club West at Pearl River, LLC as principal, in the amount of $962,324.00 naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the “The Club West at Pearl River II 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, receives and files with the Office of the Town Clerk a Performance Bond dated August 17, 2020 issued by One Beacon Surety Group as Surety, on behalf of The Club West at Pearl River, LLC , as principal, in the amount of $962,234.00 naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the “The Club West at Pearl River – Phase II Site Plan” no later than August 31, 2022 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 2019-26, 2020-05 and 2020-35 any Town departments having jurisdiction thereof, and formal resolution of the Town Board.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

 

RESOLUTION NO. 391

APPROVE / COVENANT, LICENSE, AND DEFENSE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT / EAMONN CASSIDY, 5 HARDING STREET, BLAUVELT (69.16-1-15)

 

WHEREAS, Eamonn Cassidy, the property owner of property located at 5 Harding Street, Blauvelt, New York, has applied to the Town Highway Department for permission to have a shed on his property and upon review, said shed is on the Town’s right-of-way; and

 

WHEREAS, the matter has been reviewed by the Town Highway Department and the Highway Department has required that the shed may remain at its current location provided the owner of the property provides to the Town and indemnification and hold harmless agreement,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town hereby grants to 5 Harding Street, Blauvelt, New York (69.16-1-15), a revocable license, in the form of a Covenant, Hold Harmless and Indemnification Agreement, which provides in sum and substance the shed currently existing in the Town’s right-of-way may remain and the owner of the property, Eamonn Cassidy, must defend, indemnify and hold harmless the Town for any damage related thereto and caused thereby, and that said structure must be removed upon notice as set forth therein, otherwise to be removed by the Town at the expense of the property owner and,

 

BE IT FURTHER RESOLVED, that the Supervisor or her designee is hereby authorized to execute the Covenant, Hold Harmless and Indemnification Agreement and any and all other documents necessary in order for same to be recorded in the Rockland County Clerk’s Office, at the expense of the owner.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 392

REJECT BID / CYNCON EQUIPMENT/ TWO (2) YARD WASTE LEAF LOADERS

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for two (2) Yard Waste Leaf Loaders which were received and publicly opened on July 30, 2020; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 09-A-20, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, the Town of Orangetown rejects the bid for Two (2) Yard Waste/Leaf Loaders from Cyncon Equipment, Rush, NY, in the amount of $184,676.00, which exceeded the estimated cost for this equipment.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 393

AWARD BID / GABRIELLI TRUCK SALES/ TWO (2) NEW HEAVY DUTY 4WD PLOW TRUCKS WITH ACCESSORIES

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for two (2) new Heavy Duty 4WD Plow Trucks with accessories, which were received and publicly opened

 

 

RESOLUTION NO. 393 – Continued

 

on August 20, 2020; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 09-B-20, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, upon the recommendation of the Superintendent of Highways, award the bid for Two (2) New Heavy Duty 4WD Plow Trucks with Accessories to Gabrielli Truck Sales, Jamaica, New York in the amount of $635,826.00 to be charged to account # H.5130.200.08.

 

BE IT FURTHER RESOLVED, that the Supervisor or her designee is authorized to enter into an agreement with Gabrielli Truck Sales, in accordance with the bid award and terms of this resolution, subject to review and approval of the Town Attorney’s Office.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 394

ACCEPT DONATION / MEMORIAL BENCH / MEMORY OF JIM & LIL GIBLIN

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation accept with gratitude the donation of a memorial bench to be placed along the JBC Rail Trail. Engraving will read:

 

In memory of Jim & Lil Giblin & All the Happy Times on Carleton Rd.

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 395

APPROVE / LEND ASSISTANCE / BLAUVELT LIONS CLUB / SEPTEMBER 3, – SEPTEMBER 6, 2020

 

RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board the rental of Portable Toilets (4 regular units 1 ADA Accessible) for the Blauvelt Lions Club Stars and Cars Fundraiser, Thursday, September 3, – Sunday, September 6, 2020.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Denis Troy and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 396

APPROVE/ LEND ASSISTANCE / 2020 ANNUAL HALLOWEEN PARADE ORANGEBURG FIRE DEPARTMENT/ SATURDAY, OCTOBER 31, 2020

 

RESOLVED, upon the recommendation from the Superintendent of Highways & Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which

RESOLUTION NO. 396 – Continued

 

includes barricades & barrels from the Highway Department and Auxiliary Police from OPD, for the OFD annual Halloween parade to be held on Saturday, October 31, 2020, from 5:30 pm – 9:00 pm.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Thomas Diviny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 397

APPROVE / LEND ASSISTANCE / 2020 ORANGEBURG FIRE DEPARTMENT HOLIDAY PARADE / SATURDAY, DECEMBER 12, 2020

 

RESOLVED, upon the recommendation from the Superintendent of Highways & Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which includes the use of barricades & trash bins from the Highway Dept., and auxiliary police from OPD, for the OFD annual holiday parade to be held on Saturday, December 12, 2020 (rain date: Sunday, December 13, 2020), on various roads in the hamlet of Orangeburg, from 6 pm – 10 pm

 

Councilperson Denis Troy offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 398

LEND ASSISTANCE /2020 GREEK FESTIVAL DRIVE- THRU EVENT/ ST. CONSTANTINE’S CHURCH

 

RESOLVED, upon the recommendation from the Superintendent of Highways & the Chief of Police, that the Town Board hereby authorizes these two departments to lend assistance which includes the use of cones, barricades, trash cans, directional & no parking signs from the Highway Dept., and Auxiliary police from OPD, for the Greek Festival Drive- Thru Event to be held on Friday, September 18, 2020 from 5pm to 8pm and Saturday September 19, 2020 and Sunday September 20, 2020 from 12pm to 8pm.

 

Councilperson Jerry Bottari offered the above resolution, which was seconded by Supervisor Teresa M. Kenny and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 399

APPROVE / INSTALLATION OF STREET LIGHT / ACROSS FROM 121 SWANNEKIN ROAD, BLAUVELT

 

RESOLVED, that upon the recommendation of the Traffic Advisory Board, the installation of a street light across from 121 Swannekin Road, Blauvelt (utility pole #59768 38598) is hereby approved to be paid from the following budget line item B.5182.452.17.

 

RESOLUTION NO. 399 – Continued

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 400

ACCEPT / RECEIVE / FILE DOCUMENTS/TOWN CLERK’S OFFICE

 

RESOLVED that the following documents are accepted, received and filed in the Town Clerk’s Office:

 

1. Memorandum of Understanding with Rockland County for the Regional Investigative Resource Center.
2. Town Board Meeting minutes: July 7, 2020 Police Commission/Regular Town Board Meeting; July 21, 2020, August 4 & 18, 2020 Regular Town Board Meeting; and August 4, 2020 Police Commission Meeting.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 401

APPOINT / STEPHEN C ROSS / FIREFIGHTER / BLAUVELT FIRE DEPT

 

RESOLVED, upon the recommendation of the Blauvelt Fire Dept., STEPHEN C. ROSS is hereby appointed to the position of Firefighter, with the Blauvelt Volunteer Fire Company.

 

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 402

JUSTICE COURT / INDEPENDENT AUDITOR’S REPORT / STATEMENT OF CASH RECEIPTS, CASH DISBURSEMENTS & CASH BALANCES / YEAR ENDED 12-31-2019 / RECEIVED FILED IN TOWN CLERK’S OFFICE

 

RESOLVED, that upon the recommendation of the Justice Court Clerk, the Independent Auditor’s Report and Statement Cash Receipts, Cash Disbursements and Cash Balances for the year ended December 31, 2019 from PFK O’Connor Davies, LLP, is hereby received and filed in the Town Clerk’s Office.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 403

PAY VOUCHERS

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of three (3) warrants for a total of $1,348,428.47.

 

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

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

 

RESOLUTION NO. 404

ENTER EXECUTIVE SESSION

 

In attendance, at this Executive Session were Supervisor Teresa M. Kenny, Councilpersons Denis Troy Thomas Diviny, Paul Valentine and Jerry Bottari, Michael Lawler and Rob Magrino.

 

RESOLVED, at 7:52 pm, the Town Board entered Executive Session to discuss the proposed acquisition/sale/lease of real property when publicity might affect value.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

RESOLUTION NO. 405

RE-ENTER RTBM / ADJOURNED / MEMORY

 

RESOLVED, at 8:43 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of:  Arthur M. Cooke, resident of Orangeburg and David Englander, an Attorney in Palisades.

 

Councilperson Thomas Diviny offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted:

 

Motion: 5 – 0

Ayes: Councilperson Thomas Diviny, Councilperson Paul Valentine, Councilperson Denis Troy, Councilperson Jerry Bottari, Supervisor Teresa M. Kenny

Noes: None

 

_________________________________

           Rosanna Sfraga, Town Clerk