Meeting - Town Board Meeting/Audit May 15th, 2018 (View All)
Date | Name | Group(s) | Type | Approved | File |
---|---|---|---|---|---|
05/15/2018 | M_05-15-2018_RTBM | Town Board | Minutes | ||
05/15/2018 | RTBM 5-15-2018 Final Agenda REVISED (With Backup Docs) | Town Board | Agenda, Backup/TBM |
Meeting Members
Meeting Overview
Scheduled: | 05/15/2018 7:30 PM |
Group(s): | Town Board |
Location: | Orangetown Town Hall |
Documents | Type | File |
---|---|---|
RTBM 5-15-2018 Final Agenda REVISED (With Backup Docs) | Agenda, Backup/TBM | |
M_05-15-2018_RTBM | Minutes |
TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, MAY 15, 2018
This Regular Town Board Meeting was opened at 6:40 p.m. Supervisor Day presided and the Deputy Clerk called the roll.
Present were: Supervisor Chris Day
Councilman Denis Troy
Councilman Thomas Diviny
Councilman Paul Valentine
Councilman Jerry Bottari
Also present were:
Amanda Hyland, Supervisor’s Confidential Assistant
Michael Lawler, Deputy Supervisor
Joseph Thomassen, 1st Deputy Clerk/Collector
Robert Magrino, Deputy Town Attorney
Teresa Kenny, Deputy Town Attorney
Jeff Bencik, Finance Director
James Dean, Superintendent of Highways
Jane Slavin, Director of OBZPAE
Joseph Moran, Commissioner of DEME
Aric Gorton, Superintendent of Parks, Recreation & Building Maint
Pledge of Allegiance to the Flag of the United States of America: Esta Baitler
RESOLUTION NO. 293 ENTER EXECUTIVE SESSION PERSONNEL MATTERS & LITIGATION
In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy, Diviny, Valentine and Bottari, Robert Magrino, and Jeff Bencik.
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, at 6:40 p.m. the Town Board entered Executive Session to discuss personnel matters and litigation.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 294 ENTER RTBM
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, at 7:30 p.m. the Town Board entered the Regular Town Board Meeting.
Ayes: Councilpersons Troy, Diviny, Valentine, Bottari
Supervisor Day
Noes: None
2017 Highway Awards
Summit School Summer Youth Employment Work Program:
Principal: Deborah Sherwood Program Administrator: Judy Harrington
Students: Tyler Barzilay, Millie Gottesman, Ayla Gross, Hassan Larhissi, Matthew Losito, John Martinez, Alina Sacks, Kevin Singleton, and Shawn Varghese.
2017 Highway Awards – Continued
Adopt A Spot: Robin’s Nest (10-year Anniversary)
Beautification Awards:
Vision Fitness, Joseph Lagana, Owner; Bill Kolb, Jr. Subau, Bill Kolb, owner; Blue Hill Plaza, Joanne Morano, General Manager; Lisa & Michael Mase, 129 E. Central Ave., Pearl River and Joseph & Patricia Niego, 477 Orangeburg Rd., Pearl River.
Community Clean-Up Coordination:
KRB Clean-Up: Sonia Cairo and Kevin Lowenwirth
Blauvelt Community Clean-Up: Melissa Grau; Pearl River Community Clean-Up: Susan DeAngelis; Sparkill Community Clean-Up: Sparkill Creek Watershed Alliance and Tappan Community Clean-Up: George Garrecht
Highway Hero Award: Peter Byrne and Clark Hefferman
Highway Department Anniversary Milestones:
30 Years, Wilheln Bodenstab, Karl Bohn and Joseph Italiano
Highway Department Perfect Attendance:
Thomas Caputo, Edward Vecchio, Stephen Munno and Michael Yannazzone
***
Joseph Moran, Commissioner of DEME, highlighted some of the Municipal Separate Storm Sewer System MS4 Annual Report – Year 15. DEME identified and eliminated a number of illicit discharges, including failing septic systems, sanitary sewer overflows, illegal dumping and broken sanitary sewer lines. The Town will be replacing 700 linear feet of 6-inch sanitary piping with 8-inch PVC and review a program with an emphasis on spot repairs, manhole inserts, slip lining and manhole rehabilitation. The Town received a grant from the NYSEFC GIGP program to create a bioretention/infiltration basin with shallow storm water wetlands to handle and treat storm water runoff that eventually flows into the Sparkill Creek in Tappan. The Town selected a consultant to develop a design and we are currently in the final design review stage, with the goal of construction to begin in the Summer of 2018.
Summary of Public Comments (RTBM):
Mike Mandel, Pearl River, is in favor of Resolutions: Opposing the Release of Judith Clark and Mutulu Shakur; and Aid for the Pearl River Carnival and Fireworks.
Brian Campbell, Pearl River Chamber of Commerce, spoke about revitalization of the Pearl River Business District focusing on commercial and residential areas around the transportation hub.
Kevin Hardy, Pearl River – revitalization in Pearl River has stopped and would like efforts to increase like Nyack and Nanuet.
Mark Griffith, Pearl River Business owner, supports the Pearl River Chamber.
Esta Baitler, Sparkill – is mortified with the approval of the Orangeburg Child Day Care Center near the CSX train tracks. Camp Venture should receive more awards.
Robert Tompkins, Pearl River, supports the revitalization of Pearl River and looks forward to a good relationship between the Pearl River Chamber of Commerce and the Town.
Matthew Worgil, Gentle Giant Brewing, offered his help with the revitalization of Pearl River.
Adam O’Gorman, Pearl River resident and a Real Estate Broker, wants the Town to do a study as to what would be the best development/revitalization in Pearl River.
RESOLUTION NO. 295 CLOSE PUBLIC COMMENTS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
The Town Board took a 5-minute recess.
RESOLUTION NO. 296 OPEN PH / PROPERTY MAINTENANCE TREES HAZARDS/20 LAWRENCE ST TAPPAN
Supervisor Day offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, the public hearing regarding Property Maintenance, Trees Hazards at 20 Lawrence Street, Tappan is hereby opened.
Ayes: Supervisor Day
Councilpersons Valentine, Troy, Diviny, Troy, Valentine, Bottari
Noes: None
The Affidavit of Publication and the Notice of Posting are labeled Exhibit 05-A-18 and made a part of these minutes.
Summary of Public Comments:
Cathy & Gerard Mrozinski, Tappan, wants all three of the unsafe trees, on their neighbor’s property removed. She spoke to the arborist today and he is now recommending the trees be taken down, not just pruned. The neighbor is not cooperating with them, so they are asking for the Town’s help in this matter.
RESOLUTION NO. 297 CONTINUE PH / PROPERTY MAINTENANCE TREES HAZARDS/20 LAWRENCE ST TAPPAN
Councilman Valentine offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, the public hearing regarding Property Maintenance, Trees Hazards at 20 Lawrence Street, Tappan is hereby continued June 5, 2018 at 8:30 pm.
Ayes: Councilpersons Valentine, Troy, Diviny, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 298 CONTINUE PH / AMENDING TOWN CODE CHAPTER 43, ENTITLED ZONING REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the public hearing regarding amending the Town Code, Chapter 43, Regulations of Devices in Public Right-of-Ways and Easements is hereby continued to a future date to be determined, subject to Town Board resolution.
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 299 ACCEPT ZONE CHANGE PETITION AND DIRECT CIRCULATION/ BNE REAL ESTATE GROUP/THE POINTE AT LAKE TAPPAN PHASE II/AMENDING ZONING MAP/ CS TO PAC ZONE / SOUTH WEST SIDE OF VETERANS MEMORIAL DRIVE (73.10-1-5)
Councilman Troy offered the following resolution, which was seconded by Councilman Bottari and was unanimously adopted:
WHEREAS, the owner of premises located on the southwest side of Veterans Memorial Parkway adjacent to the Blue Hill office building, in the hamlet of Pearl River, Tax Lot 73.10-1-5 being located in the “OP” (Office Park) zoning district, has petitioned the Town Board to change the zoning classification of the property to the overlay district of “PAC” (Planned Adult Community), zoning district; and
WHEREAS, upon preliminary review, the Town Board is willing to consider the change to such PAC zone as the property is eligible for such a zone change pursuant to Town Code §4.62 as the property is located in an area with other PAC communities nearby and is currently within the OP zoning district ; and
WHEREAS, the Town Board wishes to proceed with its consideration of the proposed action, toward which end it wishes to commence the environmental review process, as well as review by other interested agencies; and
WHEREAS, upon review of the Petition, and a Short Environmental Assessment Form prepared at the Town Board’s request by the Office of Building, Zoning, Planning and Administration and Enforcement, and related documents and filings, the Board makes the following preliminary determinations:
- The proposed action is one subject to review under the State Environmental
Quality Review Act (“SEQRA”);
- The proposed action as an “Unlisted” action; and
- The following are involved or interested or involved agencies in the review process:
- Orangetown Planning Board;
- Rockland County Department of Planning;
- Rockland County Highway Department;
- Rockland County Drainage Agency;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review under SEQRA, and directs that a Lead Agency Coordination Letter with relevant documents be circulated to and among the various above referenced agencies; and
BE IT FURTHER RESOLVED, that the circulation to the Rockland County Department of Planning further be 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, § 4.612(E), the Town Board hereby refers the said Petition and a proposed Local Law, amending the Town Zoning Map, to the Town Planning Board, inviting its input regarding, among other things, the implications of such an amendment, and requesting a response within 30-days.
Ayes: Councilpersons Troy, Bottari, Diviny, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 300 SET PUBLIC HEARING / PROPOSED ZONE CHANGE / BNE REAL ESTATE GROUP/THE POINTE AT LAKE TAPPAN PHASE II/AMENDING ZONING MAP/ CS TO PAC ZONE / SOUTH WEST SIDE OF VETERANS MEMORIAL DRIVE (73.10-1-5)
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 June 26, 2018, at 8:05 p.m., on a proposed Local Law, on application of BNE Real Estate Group, project known as Pointe at Lake Tappan II, as follows, amending Chapter 43¸ § 2.2, establishing the Town Zoning Map, to change the zoning district of the parcel located on the southwest side of Veterans Memorial Highway adjacent to Blue Hill office building, tax lot 73.10-1-5 in the hamlet of Pearl River from “OP” to “PAC”.
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
PROPOSED LOCAL LAW AMENDING CHAPTER 43, § 2.2, OF THE ZONING
LAW OF THE TOWN OF ORANGETOWN TO CHANGE THE ZONING DISTRICT OF THE PARCEL LOCATED ON THE SOUTHWEST SIDE OF VETERANS MEMORIAL HIGHWAY ADJACENT TO BLUE HILL OFFICE BUILDING, PEARL RIVER, TAX LOT 73.10-1-5 FROM THE EXISTING OP TO PLANNED ADULT COMMUNITY (PAC) PURSUANT TO CHAPTER 43, §4.6 OF THE TOWN CODE
Be it enacted by the Town Board of the Town of Orangetown as follows: Section 1: The Zoning Map of the Town of Orangetown, which establishes the areas and boundaries of the various Town zoning districts, is hereby amended to change the zoning district of the following property:
Property located on the southwest side of Veterans Memorial Highway, adjacent to Blue Hill Office Building, Pearl River, New York (Tax Map Designation 73.10-1-5) from the “OP” (Office Park) zoning district to the “PAC” (Planned Adult Community) zoning district, which metes and bounds description is as follows:
Section 2: This law shall take effect immediately upon filing with the Secretary of State.
***
RESOLUTION NO. 301 ACCEPT ZONE CHANGE PETITION AND DIRECT CIRCULATION PROPOSED LOCAL LAW / KAZZIEGIRL LLC AND LSB10924 LLC / 37 HUNT ROAD, ORANGEBURG / AMENDING TOWN ZONING MAP FROM “LIO” TO “R80” DISTRICT / 73.15-1-11
Councilman Valentine offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, the owner of premises located at 37 Hunt Road, Orangeburg, New York, being located in the “LIO” (Light Industrial-Office) zoning district, has petitioned the Town Board to change the zoning classification of the property to that of “R-80” (Rural Residential), a zoning district that directly abuts the property; and
WHEREAS, upon preliminary review, the Town Board is favorably disposed to such a change, because property currently abuts an R-80 zone and the proposed use as a veterinarian
RESOLUTION NO. 301 – Continued
and animal hospital, as permitted by Special Permit of the Zoning Board of Appeals in R-80, would be an appropriate use on the site; and
WHEREAS, the Town Board wishes to proceed with its consideration of the proposed action, toward which end it wishes to commence the environmental review process, as well as review by other interested agencies; and
WHEREAS, upon review of the Petition, and a Short Environmental Assessment Form prepared at the Town Board’s request by the Office of Building, Zoning, Planning and Administration and Enforcement, and related documents and filings, the Board makes the following preliminary determinations:
- The proposed action is one subject to review under the State Environmental Quality Review Act (“SEQRA”);
- The proposed action as an “Unlisted” action; and
- The following are involved or interested or involved agencies in the review process:
- Orangetown Planning Board;
- Rockland County Department of Planning;
- Rockland County Highway Department
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review under SEQRA, and directs that a Lead Agency Coordination Letter with relevant documents be circulated to and among the various above referenced agencies; and
BE IT FURTHER RESOLVED, that the circulation to the Rockland County Department of Planning further be 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, § 10.5, the Town Board hereby refers the said Petition and a proposed Local Law, amending the Town Zoning Map, to the Town Planning Board, inviting its input regarding, among other things, the implications of such an amendment, and requesting a response within 30-days.
Ayes: Councilpersons Valentine, Troy, Diviny, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 302 SET PUBLIC HEARING / PROPOSED ZONE CHANGE FOR KAZZIEGIRL LLC AND LSB10924 LLC / 37 HUNT ROAD, ORANGEBURG / FROM “LIO” TO “R80” DISTRICT/73.15-1-11
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the Town Board will hold a public hearing on June 26, 2018 at 8:15 p.m., on a proposed Local Law, as follows, amending Chapter 43¸ § 2.2, establishing the Town Zoning Map, to change the zoning district of the parcel known as 37 Hunt Road, in the hamlet of Orangeburg from “LIO” to “R-80”.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
PROPOSED LOCAL LAW AMENDING CHAPTER 43, § 2.2, OF THE ZONING LAW OF THE TOWN OF ORANGETOWN TO CHANGE THE ZONING DISTRICT OF CERTAIN PROPERTY IN THE HAMLET OF ORANGEBURG
Be it enacted by the Town Board of the Town of Orangetown as follows:
Section 1: The Zoning Map of the Town of Orangetown, which establishes the areas and boundaries of the various Town zoning districts, is hereby amended to change the zoning district of the following properties:
37 Hunt Road (Tax Map Designation 73.15-1-11) from the “LIO” (Light Industrial- Office) zoning district to the “R-80” (Rural Residence) zoning district, which metes and bounds description, is as follows:
All that certain lot, piece or parcel of land, situate, lying and being in the Town of Orangeburg, County of Rockland and State of New York and being more accurately bounded and described as follows:
Beginning at a point marked by a copper clad monument found at the intersection of the southwesterly sideline of Hunt Road with the dividing line between the reputed lands of the Missale (southerly) and the herein described parcel (northerly);
THENCE, from said point of beginning and along the said reputed lands of Missale, North 89 degrees 30 minutes 04 seconds West a distance of 389.89 feet to a point;
THENCE, along the reputed lands of Brightview Lake Tappan, LLC., North 00 degrees 29 minutes 56 seconds East a distance of 177.00 feet to a point;
THENCE, along the same, South 89 degrees 30 minutes 04 seconds East a distance of 300.00 feet to a point marked by a rebar set;
THENCE, along the aforementioned southwesterly sideline of Hunt Road, South 26 degrees 25 minutes 34 minutes East a distance of 198.52 feet to the point or place of beginning;
Containing 1 .402 acres of land more or less as surveyed by Engineering & Surveying Properties, PC on November 8, 2017, adopting New York State Plane Coordinate System NAD83, Zone 3101 for the basis of bearing as determined by GPS observations.
Section 2: This law shall take effect immediately upon filing with the Secretary of State.
***
RESOLUTION NO. 303 MEMORIALIZING OPPOSING THE RELEASE / JUDITH CLARK & MUTULU SHAKUR / AT ANY OR ALL PAROLE HEARINGS / THE BRINKS ROBBERY KILLING IN 1981
Councilman Bottari offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, Judith Clark and Mutulu Shakur were members of the radical terrorist organization known as the Weather Underground; and
WHEREAS, the Weather Underground was responsible for the bombings of the Pentagon and the US Capitol; and
WHEREAS, in 1981, Judith Clark, together with other members of the Weather Underground robbed a Brinks armored car at the Nanuet Mall in a crime organized by Mutulu Shakur; and
WHEREAS, Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige were killed during this robbery; and
RESOLUTION NO. 303 – Continued
WHEREAS, Judith Clark helped plan the robbery, participated in the robbery, and reached for her weapon when she was eventually arrested; and
WHEREAS, Judith Clark was sentenced to 75 years to life for her part in this crime after being convicted of second-degree murder; and
WHEREAS, Judith Clark petitioned Governor Andrew M. Cuomo clemency with regard to her sentence; and
WHEREAS, in an inexcusable travesty of the Justice system, Governor Cuomo commuted said prison sentence to 35 years to life in 2017, making her eligible for parole, which was denied thanks in large part to the efforts of the Town of Orangetown community; and
WHEREAS, due to a recent court decision, she is again eligible for parole now in 2018, and
WHEREAS, Mutulu Shakur, the master-mind of the robbery, is also seeking parole at the same time as Judith Clark; and
WHEREAS, Mutulu Shakur was sentenced to 60 years in prison for his involvement in this and other violent crimes; and
WHEREAS, Judith Clark and Mutulu Shakur remain the domestic terrorists who participated in the killing of three heroic individuals, namely Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige, while calling herself a freedom fighter; and
WHEREAS, the members of the Town Board believe that they have a responsibility to honor the memories and heroic actions of Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige, as well as a responsibility to their families to insure that Judith Clark remains behind bars for the remainder of her life; and
WHEREAS, the Town Board of Orangetown has met, considered, and by a unanimous vote approved this resolution,
NOW THEREFORE BE IT RESOLVED, that the Orangetown Town Board opposes the release of Judith Clark and/or Mutulu Shakur at any and all future parole hearings; and
BE IT FURTHER RESOLVED, the Town is hereby authorized and directed to send a certified copy of this resolution to the families of Nyack Police Department Sgt. Edward O’Grady, Police Officer Waverly Brown and Brinks Security Guard Peter Paige; the New York State Parole Board, the United States Parole Commission, Governor Andrew M. Cuomo, and to such other persons proper in order to effectuate the purpose of this resolution.
Ayes: Councilpersons Bottari, Troy, Diviny, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 304 MEMORIALIZING RESOLUTION OPPOSING THE RENAMING OF THE TAPPAN ZEE BRIDGE
Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, the Tappan Zee Bridge has borne its name for well over one-half of a century, and reflects the rich history of our region and its roots in the name of the Tappan Indians who resided here as well as the early Dutch settlers; and
RESOLUTION NO. 304 – Continued
WHEREAS, Tappan is the name of a Native American sub-tribe of the Delaware/Lenni Lenape and “Zee” is Dutch for “Sea” honoring the early Dutch settlers; and
WHEREAS, the Town Board would like to restore the tradition and history of our area by adding back the name “Tappan Zee” to what has since been renamed the “Governor Mario M. Cuomo Bridge”; and
WHEREAS, the new Bridge and its predecessor both make landfall within the Town of Orangetown;
NOW THEREFORE BE IT RESOLVED, the Town Board encourages all Town residents to write to their elected New York State representatives to support A8914A and insist that the vast majority of the existing signs bearing the title “Tappan Zee” remain in place; and
NOW THEREFORE BE IT FURTHER RESOLVED, the Town of Orangetown hereby supports the passage of the New York State Assembly bill A8914A as well as the New York State Senate bill S7671 to restore the Tappan Zee name back to this bridge whose complete name would then be the “Governor Mario M. Cuomo Tappan Zee Bridge”; and
BE IT FURTHER RESOLVED, that the Town is hereby authorized to send a certified copy of this resolution for distribution to Governor Andrew M. Cuomo, to the New York State Senate and the New York State Assembly, and to such other persons proper in order to effectuate the purpose of this resolution.
Ayes: Councilpersons Valentine, Diviny, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 305 2018 / HIGH SCHOOL PROJECT GRADUATION FUNDING
Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari 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:
Pearl River High School | – $1500 |
Tappan Zee High School | – $1500 |
Nanuet High School | – $750 |
Nyack High School | – $750 |
Albertus Magnus High School | – $200 |
Ayes: Councilpersons Diviny, Bottari, Troy, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 306 ACCEPT / RECEIVE / FILE / TOWN DOCUMENTATION / TOWN CLERK’S OFFICE
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the following documents are hereby accepted, received and filed by the Town Clerk’s Office:
- Agreement between the Town and Kevin Nulty, Police Chi Agreement between the Town and Donald Butterworth, Police Captain. Agreement between the Town and James Brown, Police Captain.
RESOLUTION NO. 306 – Continued
- Town Board Minutes:1/3/18-ReOrganizational; 1/9/18, 2/6/18, 3/6/18, 3/20/18
- Workshops; 1/23/18, 2/13/18, 3/13/18, Regular Town Board Meetings and 1/30/18
- Special Town Board Meeting.
- Agreement between the Town and Goldkap Consulting Group for a Generate Savings Audit.
- EFC Return of Cancelled Note – (T) CWSRF Storm Mitigation Loan Program (SMLP) Project Nos:C3-5345-06-75 and C3-5345-06-76.
- Agreement with Nyack Hospital for Employee Assistance Program.
- Library Agreements:Blauvelt, Orangeburg, Tappan and Palisades
- TRC Solutions Proposal N 2918583.9990.
- Memorandum of Understanding with the NY Sharks Aquatics for use of S. Orangetown Schools pool.
- Agreement with Blauvelt Volunteer Fire Company for Fire Protection Servi
- Caretaker Maintenance Agreements:Thomas Iacobellis – Nike Park and Anthony
- Limandri – Henry Borst Park.
- Agreement with CANDLE for Drug Abuse Awareness & Prevention.
- Agreement with Dichter Law, LLC (attorneys) for O & R rate proceedings.
- Agreement with ADS Environmental Services for Nyack Sanitary Sewer Syst
- Agreement with Optimum Controls Corporation for Design & Construction of WWTA SCADA Telemetry System Equipment (Wastewater Treatment Plant & Pump Station
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 307 ACCEPT / RECEIVE / FILE PERFORMANCE BOND FOR SEWER MAIN EXTENSION/ 7 MARYCREST ROAD WEST NYACK, NY
Councilman Troy offered the following resolution, which was seconded by Councilman Bottari and was unanimously adopted:
RESOLVED, that upon the review and recommendation of DEME and the Town Attorney’s Office, the Town hereby accepts, receives and files (to be filed in the Town Clerk’s Office) a Performance Bond from J. Montana Contracting Corp., as principal and issued by Hudson Insurance Company as surety, Bond No. HICNE-10-192-0018, in the amount of $39,200.00, with respect to a sanitary sewer extension, at 7 Marycrest Road, West Nyack, NY.
Ayes: Councilpersons Troy, Bottari, Diviny, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 308 AUTHORIZE RFP / ENGINEERING CONSULTANT / ZONING BOARD OF APPEALS
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the Town Clerk’s office is hereby authorized to issue a Request for Proposal (RFP) for an independent Mechanical Engineering Consultant, to provide related engineering services for the review of the performance standards and related system design, compliance and installation as installed by ALUF Plastics, Orangeburg, per the ZBA Decision #17-31.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 309 COMBINE AGENDA ITEMS
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, agenda items 16 thru 24 are hereby combined.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 310 AID / 2018 GREEK FESTIVAL
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways & Chief of Police, that the Town Board hereby authorize the Town of Orangetown Highway & Police Departments to lend assistance which includes the use of cones, barricades, trash barrels, recycling kiosks & containers, and directional signs from the Highway Dept., and police presence from the Police Department, for the Greek Festival to be held from Thursday, June 7, 2018 thru Sunday, June 10th from 12 pm to 12 am.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 311 AID / 2018 TAPPAN MEMORIAL DAY PARADE
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways and the Chief of Police, that the Town Board hereby authorizes the Town of Orangetown Highway & Police Departments to lend assistance which includes the use of barricades from the Highway Dept., and (2) Auxiliary Police from the Police Department for the Tappan Memorial Day Parade, to be held on Monday, May 28, 2018, from 10 am to 1 pm.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 312 AID/PALISADES / SPARKILL MEMORIAL DAY PARADE
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways and Chief of Police, that the Town Boards hereby authorizes the Town of Orangetown Highway & Police Departments to lend assistance which includes the use of barricades from the Highway Department and police detail from the Police Department, for the Palisades/Sparkill Memorial Day Parade to be held on Monday, May 28, 2018, from 8 am – 10:30 am and at the monument at 11:30 am – 12:30 pm.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 313 AID / 2018 PEARL RIVER CARNIAL
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways, the Town Board hereby authorizes the Town of Orangetown Highway Department, to lend assistance which includes the use of trash receptacles, field clean up, large dumpster & message board, for the Pearl River Carnival to be held at the Central Avenue Field from Thursday, June 28th – Monday, July 1st, 2018.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 314 AID / 34TH ANNUAL JAKE AMANN FISHING CONTEST / VETERANS MEMORIAL PARK/ORANGEBURG
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways and the Superintendent of Parks & Recreation Department, that the Town Board hereby authorizes the Town of Orangetown Highway and Parks & Recreation Departments to lend assistance which includes the use of the message board & fencing from the Highway Dept., and the sound system from the Parks & Recreation Department, for the 34th Annual Jake Amann Fishing Contest to be held at Veterans Park on Saturday, June 9th 2018, from 10 am to 3 pm.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 315 AID / AMERICAN CANCER SOCIETY RELAY FOR LIFE WALK
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes the Town of Orangetown Highway Department to lend assistance which includes the use of barricades, recycling kiosks, KRB cans, verticades, caution tape, trash bags and use of the Message Board, for the American Cancer Society Relay for Life Walk to be held on Saturday, June 9, 2018, from 2 pm to 12 am.; and
BE IT FURTHER 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 (3 regular, 1 ADA compliant) for The American Cancer Society Relay for Life on Saturday, June 9, 2018; and
BE IT FURTHER 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 at a rental cost of $400.00 by the American Cancer Society for their Relay for Life on Sunday, Saturday, June 9, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 316 AID / 2018 PEARL RIVER FIREWORKS
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways, Superintendent of Parks & Recreation and the Chief of Police, that the Town Board hereby authorizes the Town of Orangetown Highway, Parks & Police Departments to lend assistance which includes the use of trash receptacles, field clean up, large dumpster, snow fence, barricades & the message board from the Highway Department, (4) regular porto-johns & (2) handicap porto-johns from the Parks Department and police detail from the Police Department for the Pearl River Fireworks at the Central Avenue Field on Wednesday, July 4th, 2018 (rain date: 7/6/18) from 6 pm to 11 pm.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 317 AID / PIERMONT POLICE ATHLETIC LEAGUE MUSIC
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 at a rental cost of $400.00 by the Piermont Police Athletic League for their Music Festival on Monday, September 3, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 318 AID / PEARL RIVER CHAMBER OF COMMERCE – MOVIE
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, the rental of 3 porto-john units with lights as per request (2 regular units & 1 ADA compliant) for the Pearl River Chamber of Commerce movie night on Friday, June 1, 2018 (rain date June 2nd)
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 319 ACCEPT / SIGN DONATION ORANGETOWN PATRIOTS FOOTBALL
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation, accept with gratitude, the donation of a sign to replace the 2 existing Orangetown Patriots signs located at the entrance to Veterans Memorial Park.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 320 ACCEPT / MEMORIAL BENCH DONATIONS / BRAUNSDORF PARK
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation, accept with gratitude, the donation of (6) six memorial benches on behalf of the Rotary Club of Pearl River to be placed at Braunsdorf Park. Bench descriptions to read as follows:
- In Memory of Lawrence V. & Frances L. Smith
In Memory of Jeffrey Keahon & Angela Mattel
- In Memory of all Pearl River Rotarians
- In Memory of Honorable George M. Bergerman
- Dedicated to Our Hero – Alfred E. Reilly
- In Loving Memory of Three Great Rotarian
Joseph A., Ronald P. and Robert Beckerle
- In Loving Memory of William V. Harris
Ayes: Councilpersons Troy, Valentine, Diviny, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 321 APPROVE FEES / VETERANS PARK FOOD TRUCKS / EVENTS AND GENERAL ACCESS
Councilman Diviny offered the following resolution, which was seconded by Councilman Bottari and was unanimously adopted:
RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation approve the fee schedule for food truck access to Veterans Memorial Park.
Special Event: $100.00
Annual (excluding event) $500.00
Vendors must purchase “hawkers and peddlers license” through Town Clerks office and sign off on Indemnification and Hold Harmless Agreement.
Ayes: Councilpersons Diviny, Bottari, Troy, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 322 AID / NYACK AMERICAN LEGION POST 310-MEMORIAL DAY PARADE
Councilman Diviny 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 at a rental cost of $400.00 by the Nyack American Legion Post 310 for their Memorial Day Parade on Monday, May 28, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.
Ayes: Councilpersons Diviny, Bottari, Troy, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 323 AID / ROCKLAND BERGEN MUSIC FESTIVAL
Councilman Bottari 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 at a rental cost of $400.00 by the Rockland Bergen Music Festival Group for their Rockland Bergen Music Festival on Saturday, June 23 & Sunday, June 24, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.
Ayes: Councilpersons Bottari, Troy, Diviny, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 324 AGREEMENT / CHESTNUT RIDGE TRANSPORTATION / 2018 SUMMER CAMP BUSING
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, the Town is in receipt of a letter dated May 4, 2018, in which Chestnut Ridge Transportation has agreed to extend the current agreement for the 2018 camp season under the unchanged terms and conditions at no additional cost to the Town, and
WHEREAS, the extended agreement would be invoked pursuant to Paragraph 36 of the 2016 Bid Specifications for the 2016 Bus Transportation for the Town of Orangetown Day Camp,
BE IT RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings, and subject to the delivery of updated insurance certificates, the Town Board hereby authorizes the extension of the agreement between the Town of Orangetown and Chestnut Ridge Transportation pertinent to the 2018 Camp Season.
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 325 APPROVE / 2017 BUDGET LINE RE-ALLOCATIONS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that based upon the recommendation of our auditors, the Town Board approves the following 2017 Budget line re-allocations and additional usage of Fund Balance:
- General Fund reallocated budget lines totaling $1,074,775.26. See attached exhibit for Budget line detail
- Town outside Village – Police reallocated budget lines totaling $703,5603 and additional Fund Balance usage of $475,000. See attached exhibit for Budget line details.
- Town outside Village – other reallocated budget lines totaling $170,923.48 and additional Fund Balance usage $31,489.52. See attached exhibit for Budget line detail
- Highway – Part Town reallocated budget lines totaling $102,948.75. See attached exhibit for Budget line detail
- Highway – Town Wide reallocated budget lines totaling $329,0636. See attached exhibit for Budget line details.
- Sewer reallocated budget lines totaling $515,5131. See attached exhibit for Budget line details
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 326 AWARD BID / CHERRY BROOK DRAINAGE SYSTEM REHABILITATION EN-TECH CORP
Councilman Bottari offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, the Superintendent of Highway and the Commissioner of DEME duly advertised for sealed bids for the Cherry Brook Drainage System Rehabilitation using Cured-In- Place Pipe (CIPP), ITB-DEME 51-2018, which were received and publicly opened on April 26, 2018, a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 05-B-18, and made a part of these minutes.
WHEREAS, En-Tech Corp. is the lowest qualified bidder in the amount of $226,875.00; and
WHEREAS, funding is pending the issuance of capital bonding; and
THEREFORE, BE IT RESOLVED, that upon recommendation of the Superintendent of Highways and the Commissioner of DEME, the bid of April 26, 2018 for the Cherry Brook Drainage System Rehabilitation using (CIPP) ITB- DEME-51-2018 is hereby awarded to En-Tech Corp., the lowest qualified bidder, in the amount of $226,875.00.
Ayes: Councilpersons Bottari, Diviny, Troy, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 327 GRANT PERMISSION / PETE STALLONE / BACK FLOW PREVENTION DEVICE INSPECTOR TESTER TRAINING / BOONTON, NJ
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board hereby grants permission for Pete Stallone to attend the Backflow Prevention Device Inspector/Tester Training, Boonton, NJ, from June 26-29, 2018 at a total cost of $1,476.84, to be charged to Account 8120.441 and 8120.480.
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 328 GRANT PERMISSION / DAVID ALVAREZ / WASTEWATER OPERATOR CERTIFICATION COURSE / GRADE 3/ SUPERVISION AND TECHNICAL OPERATIONS MORRISVILLE, NY
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board hereby grants permission David Alvarez to attend the Wastewater Operator Certification Course Grade 3 Supervision and Technical Operations, Morrisville, NY, from June 25-29, 2018 at a total cost of $1,536.15 to be charged to Account 8130.441 and 8130.480.
Ayes: Councilpersons Troy, Diviny, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 329 SHARE COST / GHD STUDY / TOWN WASTE WATER TREATMENT PLANT & ROCKLAND COUNTY SEWER DISTRICT WASTEWATER TREATMENT PLANT
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, the NYSDEC has informed the Town that the Town owned and operated Waste Water Treatment Plant (WWTP) located in Orangeburg, NY will be the subject of new effluent permit limits with respect to its SPDES permit and operations, and
WHEREAS, the NYSDEC has informed the County of Rockland, Sewer District #1, that its WWTP, also located in Orangeburg, NY and which shares a common outfall pipe with the Town WWTP will also be subject to a new SPDES permit with effluent limits similar to those proposed for the Town of Orangetown, and
WHEREAS, since the Town facility and the County facility share a common outfall, it is desirable for an evaluation to be done that would consider the practicality of combining a portion or portions of the two WWTP facilities to comply with the new NYSDEC permit requirements, and
WHEREAS, the Rockland County Sewer District No. 1 has received a proposal from GHD Consulting Services, Inc. (GHD) to provide engineering services for Consolidation and/or Shared Services Study Assistance for the District and the Town, and
WHEREAS, this study will evaluate the regulatory required effluent limits for the District’s wastewater treatment plant in Orangeburg and the Town’s wastewater treatment plant and,
WHEREAS, this study will also evaluate the potential of sharing facilities to meet new and proposed effluent limits since the two plants share a common outfall pipe, and
WHEREAS, GHD will use the CORMIX model to help evaluate conceptual alternatives including but not limited to combined treatment processes, dilution ratios, outfall pipe discharge, etc. and
WHEREAS, GHD has provided a cost proposal dated April 11, 2018 in the amount of $34,900.00, and
WHEREAS, the GHD proposal has been reviewed by the Town’s Department of Environmental Management and Engineering (DEME) and found the same to be within the scope of services needed to conduct an appropriate study, and
WHEREAS, the Town has determined that it is in its best interests to share in the cost of the GHD study with the County, and
WHEREAS, the County of Rockland, by Resolution dated April 26, 2018 has agreed to accept the proposal from GHD in the amount of $34,900.00, subject to the Town agreeing to pay 50% of the cost of no more than $17,450.00,
NOW THEREFORE BE IT RESOLVED, that the Town, upon review and recommendation of DEME hereby agrees to participate in the GHD study and share in 50% of the cost of same, for a total cost to the Town for the GHD study not to exceed $17,450.00, and
BE IT FURTHER RESOLVED, that the agreement to share in the cost of same shall be subject to a formal inter-municipal agreement between the Town and the Rockland County Sewer District, and
BE IT FURTHER RESOLVED, that the Supervisor or his designee is authorized to execute any and all documents necessary to carry out the intent of this resolution.
Ayes: Councilpersons Troy, Diviny, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 330 APPOINT PETER STALLONE/ SEWER INSPECTOR II / PERMANENT
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that Peter Stallone is appointed to the position of Sewer Inspector II, permanent, from RC EL#18004, effective May 16, 2018, no change in salary.
Ayes: Councilpersons Diviny, Valentine, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 331 NOMINATE RIFFAT MANSOOR INFORMATION SERVICES & RECORDS MANAGEMENT SPECIALIST/POLICE DEPT
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, nominate Riffat Mansoor to the position of Information Services & Records Management Specialist (Police Department), from RC EL #18064, effective May 16, 2018.
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 332 AMEND RESOLUTION NO. 243 / SET PUBLIC HEARING /GALWAY BAY CONTRACTING/ ZONE CHANGE / CS TO A PAC DISTRICT / 12-16 N MAIN ST, PEARL RIVER (68.16-6-67)
Under new business, Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, the Town Board hereby rescinds Resolution No. 243 and reschedules the date for a public hearing regarding the Proposed Zoning Text Amendment: “CS to a “PAC” District, Galway Bay Contracting, Inc. to June 5, 2018 at 8:05 pm.
Ayes: Councilpersons Valentine, Diviny, Troy, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 333 AID/PEARL RIVER MOVIE NIGHT
Under new business, Councilman Troy offered the following resolution, which was seconded by Councilman Bottari and was unanimously adopted:
RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes the Town of Orangetown Highway Department to lend assistance
which includes the use of five garbage cans for the Pearl River Movie Night at the Central Avenue Field on Friday, June 1, 2018 (rd:6/2/18) from 7 pm to midnight.
Ayes: Councilpersons Troy, Bottari, Diviny, Valentine
Supervisor Day
Noes: None
RESOLUTION NO. 334 PAY VOUCHERS
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, upon the recommendation of the Director of Finance, the Finance Office is hereby authorized to pay vouchers for four (4) warrants for a total amount of $2,800,000.33.
Ayes: Councilpersons Troy, Diviny, Valentine, Bottari
Supervisor Day
Noes: None
RESOLUTION NO. 335 ADJOURNED/MEMORY
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, at 9:20 p.m., the Town Board adjourned this meeting.
Ayes: Councilpersons Diviny, Troy, Valentine, Bottari
Supervisor Day
Noes: None