Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, APRIL 22, 2014

 

This Town Board Meeting was opened at 7:30 p.m.  Supervisor Stewart presided and the Town Clerk called the Roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Thomas Morr

Councilman Paul Valentine

 

Also present:               Charlotte Madigan, Town Clerk

Teresa Kenny, First Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Joseph Moran, Commissioner of DEME

Robert Simon, Receiver of Taxes

John Giardiello, Director of OBZPAE

Aric Gorton, Superintendent of Parks and Recreation

 

Ester Baitler led the Pledge of Allegiance to the Flag.

 

Announcement:

Charlotte Madigan is hosting a Shredding Day, Tuesday, April 22, 2014, 3pm-7pm and a  Passport Day, Thursday, May 8, 2014, 3-6pm, Town Clerk’s Office.

 

Summary of Public Comments:

Nick Frustaci, Sparkill, spoke about the Golf Committee, his experience and qualifications regarding management of a golf course.  He requested to remain on the Golf Committee.
Ester Baitler, Sparkill, asked when will the sidewalk construction on Route 340 start.  She spoke about the bad sewer odors and wants to know when the capping will be done.
John Clifford, Orangeburg, said qualified people who want to serve on the golf committee are being told they are not wanted.  He does not see a reason for cutting qualified volunteers.
Maureen & Jerry Conway, Pearl River, is concerned about traffic problems near Shoprite and CVS.  They want to know the Town’s plans for making the area safer.
Bill Baldes, Tappan and Golf Committee member, spoke of his efforts of extensive emails and answers to questions, and his implementation of Shot Gun Starts and Golf Now.  He supports the reappointment of others to the Golf Committee.
Watson Morgan, Blauvelt, said a safety upgrade (push button signs), near Shoprite and CVS, needs to be done quickly and he suggested installation of a traffic light at the intersection of Hunt Road and Veteran’s Memorial Drive.
 

RESOLUTION NO.  220                                         CLOSE PUBLIC COMMENTS

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:   Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:   None

 

* * *

 

 

 

 

RESOLUTION NO. 221                                          SET PUBLIC HEARING ON PROPOSED ZONE CHANGE FOR PROPERTIES IN THE HAMLET OF PEARL RIVER

 

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

 

RESOLVED that the Town Board will hold a public hearing on May 6, 2014, at 8 p.m., on a proposed Local Law, amending Chapter 43¸ § 2.2, establishing the Town Zoning Map, to change the zoning district of three tax parcels in the hamlet of Pearl River from “CC” or “MFR”, as the case may be, to “RG”.

 

Ayes:   Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:   None

* * *

RESOLUTION NO. 222                                          OPEN PH/POLICE REGULATION AMEND TOWN CODE VEHICLES & TRAFFIC/CHAPTER 39/SUMMIT AVE WEST CENTRAL/DUREYA LN BRADLE LN/PEARL RIVER

 

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

 

RESOLVED that the 8:00 p.m. public hearing to consider a proposed Local Law amending the Town Code, Chapter 39, entitled Vehicles and Traffic, is hereby opened.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

 

The Town Clerk presented the Affidavit of Publication, and the Notice of Posting; copies are labeled Exhibit 04-A-14 and made a part of these minutes.

 

The public comment portion was opened and there were no public comments.

 

RESOLUTION NO. 223                                          CLOSE PH/ POLICE REGULATION AMEND TOWN CODE VEHICLES & TRAFFIC/CHAPTER 39/SUMMIT AVE WEST CENTRAL/DUREYA LN BRADLE LN/PEARL RIVER

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 224                                          LEAD AGENCY/ POLICE REGULATION AMEND TOWN CODE VEHICLES & TRAFFIC/CHAPTER 39/SUMMIT AVE WEST CENTRAL/DUREYA & BRADLE PEARL RIVER

 

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

RESOLUTION NO. 224 – Continued

 

RESOLVED, that the Town Board declares itself Lead Agency in the matter.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 225                                          SEQRA DECLARATION/ POLICE REGULATION/AMEND TOWN CODE VEHICLES & TRAFFIC/CHAPTER 39 SUMMIT AVE/WEST CENTRAL DUREYA LN/BRADLE LN/PEARL RIVER

 

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

 

RESOLVED, that a SEQRA Declaration of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment, is hereby adopted.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 226                                          ADOPT LOCAL LAW 3, 2014/POLICE REGULATION/AMEND TOWN CODE VEHICLES & TRAFFIC/CHAPTER 39 SUMMIT AVE/WEST CENTRAL DUREYA LN/BRADLE LN/PEARL RIVER

 

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

 

RESOLVED that the Town Board hereby adopts Local Law 3, 2014, amending the Town Code, Chapter 39, entitled Vehicles and Traffic.

 

Ayes:         Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:         None

 

 

TOWN OF ORANGETOWN

LOCAL LAW 3, 2014

AMENDING CHAPTER 39, VEHICLES & TRAFFIC

 

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

NORMAL = EXISTING LANGUAGE THAT WILL REMAIN

BOLD TYPE = PROPOSED ADDITIONS

STRIKEOUTS = PROPOSED DELETIONS

Section 1.  Title.

A Local Law amending Chapter 39 (Vehicles and Traffic), Article I (Vehicle and Traffic Regulations) of the Code of the Town of Orangetown.

Section 2.  Amend § 39-5.G, by adding the language in bold:

39-5.    Prohibition of stopping, standing or parking in specified places.

….

1. In the Hamlet of Pearl River:

….

(21)      No parking on the west side of South Summit Street from West Central Avenue, South to the dead end section of South Summit Street.

Section 3.  Amend § 39-8.A, by adding the language in bold:

39.8.    Stop Intersections.

 

The following intersections are hereby designated as stop intersections, and all vehicles approaching said intersections as hereinafter set forth shall, before entering the intersection, come to a full stop, unless otherwise directed by a peace officer or signal:

 

1.       In the Hamlet of Pearl River:

….

(181)    Dureya Lane at Bradl Lane (southwest corner).

Section 4.  Amend § 39-12(B)(2) to read as follows:

Right turn on red prohibited from 7:00 a.m. to 4:00 p.m. at the intersection of Lester Drive and Orangeburg Road and at the intersection of Western Highway and Orangeburg Road.

Section 6.  Effective date.

The provisions of this local law shall take effect immediately upon filing with the Secretary of State.

* * *

RESOLUTION NO. 227                                          OPEN PH/AMEND TOWN CODE & LOCAL LAW 1, 2014/FLOOD   DAMAGE PREVENTION

 

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

 

RESOLVED that the 8:05 p.m. public hearing to consider a proposed Local Law that amends Local 1, 2014 and Chapter 14B, Flood Damage Prevention of the Town Code is hereby opened.

 

Ayes:         Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:         None

 

 

The Town Clerk presented the Affidavit of Publication, and the Notice of Posting; copies are labeled Exhibit 04-B-14 and made a part of these minutes.

 

 

The public comment portion was opened and there were no public comments.

 

RESOLUTION NO. 228                                          CLOSE PH/AMEND TOWN CODE LOCAL LAW 1, 2014/FLOOD DAMAGE PREVENTION

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:         Councilperson Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

RESOLUTION NO. 229                                          LEAD AGENCY/AMEND TOWN CODE LOCAL LAW 1, 2014/FLOOD DAMAGE PREVENTION

 

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

 

RESOLVED, that the Town Board declares itself Lead Agency in the matter.

 

Ayes:         Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 230                                          SEQRA DECLARATION/AMEND TOWN CODE/LOCAL LAW 1, 2014 FLOOD DAMAGE PREVENTION

 

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

 

RESOLVED, that a SEQRA Declaration of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment, is hereby adopted.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 231                                          ADOPT LOCAL LAW 4, 2014/AMEND TOWN CODE/FLOOD DAMAGE PREVENTION

 

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

 

RESOLVED, that the Town Board hereby adopts Local Law 4, 2014, that amends Chapter 14B of the Town Code and Local 1, 2014, Flood Damage Prevention.

 

Ayes:         Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:         None

 

 

TOWN OF ORANGETOWN

LOCAL LAW 4, 2014

 AMENDING CHAPTER 14B OF THE TOWN CODE,

FLOOD DAMAGE PREVENTION

 TO CORRECT A TECHNICAL DEFECT THEREIN

 

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

Section 1:        Chapter14B of the Town Code, entitled “Flood Damage Protection”, is hereby amended to add a definition of the term “Violation” at § 2.0, inadvertently omitted when the said Chapter was adopted as Local Law No. 1 of 2014.  The definition to be added at § 2, following the definition of “variance” shall read as follows:

“Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plan management regulations.

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

* * *

RESOLUTION NO. 232                                          ACCEPT RESIGNATION/CHARLES CROSS/BOARD OF ASSESSMENT REVIEW

 

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

 

RESOLVED that the Town Board accepts the resignation of Charles Cross, from the Board of Assessment Review, effective March 14, 2014.

 

Ayes:   Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:   None

* * *

RESOLUTION NO. 233                                          REAPPOINT/ APPOINT MEMBERS GOLF COMMITTEE

Councilman Troy offered amending the following resolution, by adding reappointing Nick Frustaci, John Hickey and Bill Baldes, which was seconded by Councilman Morr and on a roll call was adopted:

 

RESOLVED that the following are hereby reappointed as members of the Golf Committee:

 

Lawrence Costello as Chairman         Sean Burke                  Joseph Green

Julia Regan                                          Mike Hogan                Evelyn Beckerle                              Chris Brauer                                            Dennis Leote               John Clifford

Nick Frustaci                                       John Hickey                Bill Baldes

and Matt Reid and Sean Walsh are hereby appointed to the Golf Committee.

 

Ayes:   Councilpersons Troy, Morr, Diviny

Noes:   Councilperson Valentine

Supervisor Stewart

 

* * *

RESOLUTION NO. 234                                  APPROVE PROJECT GRADUATION FUNDING

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

 

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

 

Tappan Zee High School        $1,500             Pearl River High School         $1,500

Nanuet High School               $   750             Nyack High School                 $   750

Albertus Magnus                     $   200

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 235                                          TAX CERTIORARI SETTLEMENT ORANGEBURG LLC

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

 

RESOLUTION NO. 235 – Continued

 

RESOLVED upon the recommendation of the Town Attorney’s Office, from a legal standpoint, and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Orangeburg LLC v. The Board of Assessors, et al Tax Map Designation 74.11-2-24 & 25, for the tax assessment years 2010 through 2013, for a total refund by the County of $42,867.00, a total refund by the Town of $156,717.00 and a total refund by the School District of $447,426.00. 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.

 

Ayes:   Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:   None

* * *

RESOLUTION NO. 236                                          CERTIFICATE OF REGISTRATION 2014 SEWER WORK

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

 

RESOLVED that upon the recommendation of the Town Attorney, from a legal standpoint, and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2014 Sewer Work is approved to:

 

Environmental Construction, Inc 21 Holt Drive Stony Point NY 10980

Ingannamorte & Sons, Inc. 211 La Roche Ave Harrington Park, NJ 07640

RR Plumbing Services, 525 Waverly Avenue, Mamaroneck, NY 10543

 

Ayes:   Councilpersons Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:   None

* * *

RESOLUTION NO. 237                                          AUTHORIZE AGREEMENT/DRAINAGE WORK ON TOWN OWNED LAND INDEMNIFYAND HOLD HARMLESS VIRGINIA HOMES SUBDIVISION

 

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

 

WHEREAS, Virginia Homes Subdivision, Kevin Ramsay (Owner) has secured final subdivision approval from the Orangetown Planning Board, pursuant to Planning Board

Decision #13-43, for subdivision of property located on the South Side of William Street at the intersection of William Street and Sparkill Avenue, Sparkill, NY and

 

WHEREAS, an integral part of the subdivision infrastructure is channeling the drainage for the site into an existing detention basin on land previously conveyed to the Town, (by the same owner) in connection with the Graney Gardens subdivision, and

 

WHEREAS, the engineer for the subdivision plan has proposed some modifications to the detention basin which would improve the storage capacity of the pond and add a water quality component for the additional runoff that would ensure the proposed development does not adversely impact any adjoining property, and

 

WHEREAS, this subdivision plan has been the subject of a full environmental review, and has been reviewed by the Orangetown Highway Dept., the Orangetown Department of Environmental Management and Engineering, the Orangetown Drainage Consultant and the Rockland County Drainage Agency, and the plan  has received a negative declaration under SEQRA from the Planning Board and

 

 

RESOLUTION NO. 237 – Continued 

 

WHEREAS, Virginia Homes Subdivision, Kevin Ramsay (Owner), is formally requesting an agreement with the Town through this subdivision to permit work to be done on Town owned property, and

 

WHEREAS, the Town Attorney’s Office, in consultation with DEME and the Town Highway Dept. has prepared an agreement which would permit the Owner to perform the drainage work on Town property, and which requires the owner to insure, indemnify and hold harmless the Town of Orangetown from any and all claims for damages to persons or property as a result of the work to be performed.

 

NOW THEREFORE BE IT RESOLVED, that upon the recommendation of the Town Attorney,  the Supervisor his designee is hereby authorized to execute the agreement with Kevin Ramsay permitting said owner to perform drainage work on Town owned land as set forth more fully on the approved subdivision plans of Virginia Homes Subdivision and as approved by the Planning Board in decision PB 13-43, and requiring the owner to insure, indemnify and hold harmless the Town of Orangetown from any and all claims for damages to persons or property.

 

Ayes:         Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:         None

 

* * *

 

RESOLUTION NO. 238                                          APPROVE AGREEMENT/ CREDIT CARD PAYMENTS/BROADACRES

 

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

 

RESOLVED that upon the recommendation of the Finance Director and pursuant to General Municipal Law Section 5, the Town Board hereby approves an agreement between the Town and Merrick Bank Corporation and Electronic Transaction Systems Corporation, relating to credit card payments at the Broadacres Golf Course.

 

Ayes:         Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:         None

 

* * *

 

RESOLUTION NO. 239                                          AUTHORIZE AGREEMENT ROCKLAND CTY REIMBURSEMENT VIDEO RECORDING EQUIPMENT

 

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

 

RESOLVED, upon the recommendation of the Town Attorney’s Office, from a legal standpoint, and the Police Department, the Town Board hereby approves an Agreement with the County of Rockland, pursuant to which the County will reimburse the Town FIVE THOUSAND DOLLARS ($5,000.00) for the purchase of “video recording of statements equipment” by the Town Police Dept. and the Town Supervisor, or his designated representative, shall be authorized to sign such agreement on behalf of the Town.

 

Ayes:         Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:         None

 

* * *

RESOLUTION NO. 240                                          AUTHORIZE AGREEMENT/PROJECT LIFESAVER

 

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

 

RESOLVED that upon recommendation of the Chief of Police, the Orangetown Police Department is hereby authorized to enter into an agreement with Project Lifesaver International, Headquarters/Port St. Lucie, Florida, not to exceed a total sum of $5,000, for the purchase of the startup equipment and training necessary, in order to implement the “Project Lifesaver” program in the Town of Orangetown” to be charged to Account B.3120.448.16.

 

Ayes:         Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 241                                          POLICE DISCIPLINARY/SETTLEMENT EMPLOYEE NO. 2637

 

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

 

RESOLVED, that upon the recommendation of the Police Chief, the Chief of Police is hereby authorized to settle an open disciplinary proceeding with Police Employee No. 2637 according to the terms of the Rockland County Police Act of 1936, as amended.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 242                                          APPROVE AID/PEARL RIVER ROTARY CHILDREN’S FISHING CONTEST

 

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

 

RESOLVED that upon recommendation of the Superintendent of Highways, use of a Sign Board is authorized for the Pearl River Rotary Club on Saturday April 26, 2014 for the “Children’s Fishing Contest”.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 243                                          PERMISSION GRANTED/ANNUAL HIGHWAY SCHOOL

 

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

 

RESOLVED that upon recommendation of the Superintendent of Highways, permission is hereby granted to James Dean, Stephen Munno, Michael Dillon and Anthony Limandri to attend the Association of Town Annual Highway School, Ithace, NY, June 2-4 at a cost of $1,312.00 ($600.00 to be charged to Acct #A5010.441; $480 to Acct #D5140.441; $120.00 to Acct# D5140.457 and $112.00 to Acct# A8160.441).
Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 244                                          CONSOLIDATE AGENDA ITEMS APPROVE AID/ST THOMAS AQUINAS COMMENCEMENT CEREMONY PEARL RIVER MEMORIAL DAY PARADE/GREEK FESTIVAL

 

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

 

RESOLVED, that agenda items 24 thru 26 are hereby consolidated as follows:

 

RESOLVED that upon recommendation of the Superintendent of Highways, aid by providing 20 barricades and 20 traffic cones to St Thomas Aquinas College on May 9^th, 2014 for their commencement ceremony is hereby approved.

 

RESOLVED, that upon recommendation of the Superintendent of Highways, aid by providing barricades, to the Pearl River American Legion Post 329, for the Pearl River Memorial Day Parade on Monday, May 26 2014 is hereby approved.

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, aid, by providing 60 cones, 30 barricades, 60 trash cans, 30 recycling kiosks, directional signs and no parking signs, to Saints Constantine and Helen Greek Orthodox Church for their Greek Festival  June 5^th thru June 8, 2014 is hereby approved.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 245                                          APPROVE AGREEMENT/NOBLE NINTH /THE MASONIC GROUNDS 2014 SUMMER DAYCAMP PROGRAM 

 

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

 

RESOLVED, that the Board hereby approves a letter agreement with the Noble Ninth, Inc., relating to the use of the Masonic grounds by the Town for the 2014 Town Summer Day Camp program on the same terms and conditions as set forth in a certain agreement between the Town and the German Masonic Home Corporation, dated, May 18, 1991, and authorizes the Town Supervisor, or his designated representative to sign the said letter agreement.

 

Ayes:         Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:         None

 

* * *

 

RESOLUTION NO. 246                                          LICENSE AGREEMENT CONSENT VERIZON/155 CORPORATE DRIVE LLC/ BLOOMBERG LP

 

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

 

WHEREAS, pursuant to Town Board resolution 2013-193 the Town granted an easement to 155 Corporate Drive, LLC for the installation of telecommunications facilities across Town property for the benefit of the property located at 155 Corporate Drive, LLC, and which easement has been recorded with the Rockland County Clerk as Instrument No. 2013-00023515 and

 

RESOLUTION NO. 246 – Continued

 

WHEREAS, pursuant to said easement, 155 Corporate Drive LLC must obtain the written consent of the Town prior to granting to anyone any rights in said easement and/or telecommunications facilities, and

 

WHEREAS, 155 Corporate Drive, LLC  has indicated it would like permission to grant a limited license to Verizon New York, Inc.  to permit Verizon access to said telecommunications facilities for the purposes of installing telecommunications lines in existing conduit located within the easement for the purposes of serving the tenant located at 155 Corporate Drive Orangeburg NY only, and

 

WHEREAS, 155 Corporate Drive, LLC is not receiving any compensation or consideration from Verizon for use of the aforesaid easement and all conditions, rights, and obligations of the parties to the easement remain in full force and effect,

 

NOW THEREFORE, BE IT RESOLVED, that the Town of Orangetown hereby consents to a proposed license agreement between 155 Corporate Drive, LLC and Verizon New York, Inc. for the purpose of allowing Verizon New York, Inc. to place telecommunications facilities in the existing conduit within the easement, subject to the terms and conditions of the existing easement.”

 

Ayes:   Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:   None

* * *

 

RESOLUTION NO. 247                                          AWARD RFP/VETERAN’S PARK FOOD CONCESSION/AT YOUR SERVICE CATERING

 

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

 

WHEREAS, the Director of Parks and Recreation duly advertised for a Request for Proposal (RFP) for a License to Conduct a Food and Non-Alcoholic Beverage Operation at Veteran’s Memorial Park, which were received and publicly opened on April 7, 2014; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 04-C-14, and made a part of these minutes.  Now, Therefore, Be It

RESOLVED that upon the recommendation of the Director of Parks and Recreation, the RFP for Veteran’s Park Food Concession is hereby awarded to Ursula Roberts of At Your Service Catering, the only bidder, and the Supervisor is hereby authorized to executed any necessary documents.

 

Ayes:         Councilpersons Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 248                                          ACCEPT/RECEIVE/FILE/ TOWN CLERK’S OFFICE

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

 

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

 

1. Pearl River Fire District Annual Audit-Financial Report for year 2013.
2. DEME February and March 2014 Monthly Monitoring and Sewage Discharge Report (SPDES NY – 0026051).

RESOLUTION NO. 248 – Continued 

 

3. DEME’s Sanitary Sewer Improvements (Cured-in-Place Method) Change Order 1 with En-Tech Corp, dated 3/3/14.
4. February 25, 2014 Police Commission minutes; February 26, 2014 Special Town Board Meeting minutes; March 4, 2014 Regular Town Board/Audit/Executive Session minutes; March 11, 2014 Police Commission minutes/Executive Session; and March 25, 2014 Regular Town Board/Audit Meeting minutes.
5. Deed (Rockland Cty Instr: 2014-008417) and Storm Water Maintenance Agreement (Rockland Cty Instr:  2014-008418) for Old School Lane, Orangeburg (74.07-1-29).
6. Blauvelt Fire Protection District fully executed agreement for 2014 and certified extract of Minutes of the Board of Directors authorizing this agreement.
7. Agreement between Orangetown Mighty Midgets Athletic Club, Inc., and the Town relating to the Installation of a Third Turf Field (Sprinturf, LLC), dated 4/18/14.
8. Agreement between Orangetown Mighty Midgets Athletic Club, Inc. and Sprinturf, LLC for installation of a turf field, dated 3/7/14.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

 

* * *

RESOLUTION NO. 249                                          APPOINT SANITATION COMMISSION/CHRIS HUBER

 

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

 

RESOLVED, that Chris Huber is hereby appointed to the Sanitation Commiss0ion.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 250                                          AUTHORIZE PAY VOUCHERS

 

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

 

RESOLVED, that the Finance Office is hereby authorized to pay vouchers for General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds for a total amount of $2,493,158.27.

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 251                                          ENTER EXECUTIVE SESSION

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, and Teresa Kenny.

 

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

 

RESOLVED, that the Town Board entered Executive Session at 8:36 p.m. to receive particular legal advice.  Supervisor Stewart said no further votes will be taken.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:         None

 

RESOLUTION NO. 252                                          RE-ENTER RTBM/ADJOURNED MEMORY

 

                                                                                   

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

 

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Ryan Gerard, son of employee Robert Gerard; Patrick McManus, Pearl River; and Laurence (Larry) McKeever, Pearl River, at 8:45 p.m.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:         None

 

 

 

 

 

 

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                                                                        Charlotte Madigan, Town Clerk