Meeting Overview

1.                  TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING AGENDA

TUESDAY, SEPTEMBER 29, 2015

2.

This Regular Town Board Meeting was opened at 7:45 p.m.  Supervisor Stewart presided and Charlotte Madigan, 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

John Edwards, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Joe Moran, Commissioner of DEME

Robert Simon, Receiver of Taxes

John Giardiello, Director of OBZPAE

Aric Gorton, Superintendent of Parks, Recreation & Building Maint

Kevin Nulty, Police Chief

James Brown, Police Captain

Donald Butterworth, Police Captain

 

Pledge of Allegiance to the Flag of the United States of America was led by Charlotte Madigan.

 

Announcements:

• Orangetown Police Department – OPEN HOUSE – October 3^RD 11:00 A.M.
• Shredding Day at Town Hall – October 6^th, 4:00 P.M. – 7:00 P.M

 

Presentation:   Supervisor’s 2016 Budget Proposal, Andy Stewart

 

RESOLUTION NO. 417                                          APPROVE APPOINTMENT/THOMAS HOLIHAN/DETECTIVE SERGEANT

 

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

 

RESOLVED, upon the recommendation of the Chief of Police, effective September 30, 2015, detail Thomas Holihan the duties of a Detective Sergeant, with assignments to include: patrol, administrative, criminal, youth and internal affairs investigations, at a salary consistent with the current labor agreement, between the Town of Orangetown and the Orangetown PBA.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:      None

***

RESOLUTION NO. 418                                          APPPOINT POLICE OFFICER ROBERT WENTLAND

 

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

 

RESOLVED, upon the recommendation of the Chief of Police, Robert Wentland is hereby appointed, from Rockland County Civil Service List # (OC) 61-134, to the position of Police Officer/Permanent, effective October 6, 2015, at a salary consistent with the terms of the labor agreement, between the Town of Orangetown and Orangetown PBA.

 

Ayes:      Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

RESOLUTION NO. 419                                          APPOINT POLICE OFFICER MARTIN FOGARTY

 

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

 

RESOLVED, upon the recommendation of the Chief of Police, Martin Fogarty is hereby appointed, from Rockland County Civil Service List # (OC) 61-134, to the position of Police Officer/Permanent, effective October 6, 2015, at a salary consistent with the terms of the labor agreement, between the Town of Orangetown and Orangetown PBA.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 420                                                        APPOINT POLICE OFFICER

MARK DURNEY

 

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

 

RESOLVED, upon the recommendation of the Chief of Police, Mark Durney is hereby appointed, from Rockland County Civil Service List # (OC) 61-134, to the position of Police Officer/Permanent, effective October 6, 2015, at a salary consistent with the terms of the labor agreement, between the Town of Orangetown and Orangetown PBA.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:      None

***

RESOLUTION NO. 421                                          APPOINT POLICE OFFICER

SHANE CURRAN

 

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

 

RESOLVED, upon the recommendation of the Chief of Police, Shane Curran is hereby appointed, from Rockland County Civil Service List # (OC) 61-134, to the position of Police Officer/Permanent, effective October 6, 2015, at a salary consistent with the terms of the labor agreement, between the Town of Orangetown and Orangetown PBA.

 

Ayes:      Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

 

Charlotte Madigan, Town Clerk, sworn-in these Police Officers.

 

***

RESOLUTION NO. 422                                            OPEN PH/AMEND TOWN CODE CHAPTER 24C/PROPERTY MAINTENANCE/REGULATION OF BAMBOO

 

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

 

RESOLVED, that the 8:00 pm public hearing to amend Chapter 24C, Property Maintenance, by adding a chapter – Regulation of Bamboo is hereby opened.

 

Ayes:      Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:      None

Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 09-A-15 and made a part of these minutes.

 

Summary of Public Comments:

Charles Hayes, KD Rothman, PC law-firm, is in ligation regarding bamboo.  The Arbor and the American Bamboo Associations do not recommend metal or concrete barriers for control.

Cynthia Anselmo, Palisades, explained that this local law states that the invaded neighbor has to let the bamboo owner and the Building Dept. know of their objections.  She believes the height should be regulated and she should not be responsible for paying the costs for maintenance.

Carol Schelin, Tappan, wonders if vegetation can be legislated.  Vegetation does not recognize property lines.

Watson Morgan, Blauvelt and Environmental Committee, is in favor of this local law.  He spoke about state laws regarding bamboo.  He agrees the invaded property owner should not be responsible for any costs.

 

RESOLUTION NO. 423                                            CLOSE PH/AMEND TOWN CODE CHAPTER 24C/PROPERTY MAINTENANCE/REGULATION OF BAMBOO

 

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

 

RESOLVED, the public portion is hereby closed.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:      None

***

 

RESOLUTION NO. 424                                          LEAD AGENCY/AMEND TOWN CODE CHAPTER 24C/PROPERTY MAINTENANCE/REGULATION OF BAMBOO

 

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

 

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

 

Ayes:      Councilpersons Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 425                                          SEQRA DECLARATION/AMEND TOWN CODE/CHAPTER   24C/PROPERTY MAINTENANCE/ REGULATION OF BAMBOO

 

Councilman Morr 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; copy is labeled Exhibit 09-B-15 and made a part of these minutes.

 

Ayes:      Councilpersons Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 426                                          ADOPT/LOCAL LAW NO. 4/2015 AMEND TOWN CODE/CHAPTER 24C PROPERTY MAINTENANCE/ REGULATION OF BAMBOO

SECTION 4.1

 

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

 

WHEREAS, the Town of Orangetown has determined it is in the interest of the Town to promote and protect the property, property values and welfare of the residents of the Town of Orangetown, and to protect the property and preserve the aesthetic qualities of the environment of the Town of Orangetown.  It is the finding of the Town Board that the planting and/or the growing of bamboo, a plant not indigenous within the Town of Orangetown, has been and will continue to be destructive to the natural environment, including indigenous flora, and destructive to structures and  walks  on  properties within  the  Town  adjoining and neighboring those properties where bamboo has been planted and/or permitted to grow; that because of these effects the planting and the growing of bamboo threatens the value and physical integrity of both public and private property in the Town; and that therefore, in order to protect and preserve said environment and values, the Town declares it necessary to regulate  or prohibit the planting and/or growing of bamboo, specifically the species commonly known as “golden bamboo” (Phyllostachys aurea) and “yellow grove bamboo” (Phyllostachys aureosulcata) within the Town.

 

RESOLVED, Local Law No. 4 of 2015, amending Chapter 24C, entitled “Property Maintenance” by adding a new Section 4.1 entitled “Bamboo”, is hereby adopted; copy is labeled Exhibit 09-C-15 and made a part of these minutes.

 

Ayes:   Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:   None

***

Summary of Public Comments (RTBM):

Billy Valentine, Pearl River (Attorney), opposes rushing to pass a local law banning the manufacturing of BTX.  He urged the Town Board to take time in drafting the law and being précise.  The elected officials need to get this right for the benefit of the Town.

Ronnie Cummings, CSEA President, is concerned that the Supervisor’s budget omits funding for the Blue Hill Golf Course (BHGC).  The union is against privatizing the BHGC, the Orangetown Sewer Department and the Parks and Recreation Department.

John Buckley, Orangeburg Library, is glad to see an increase in the Supervisor’s budget for the libraries.  He congratulated the new Police Officers and wished them much success.

Michael Moroney, Pearl River, said the elimination, in the Supervisor’s budget, of funding for the BHGC is premature at best.  If this budget is correct, what was the $9.9 million bonding?  The Anellotech litigation needs to be resolved before this project can move forward.  He is offended by many of the Supervisor’s actions regarding many issues in the Town.

Amy Wertheim, Pearl River, explained Stop Anellotech has been on a fact finding mission.  Their goal is to be able to educate, inform and generate awareness, regarding Anellotech and the manufacturing of BTX.

Denise Shorn, Pearl River, encouraged the Town Board to move forward with amending the Code regarding the manufacturing of BTX.  She is concerned about the Mid-Hudson Regional Counsel’s and IRG’s commitment in developing the Pfizer site with future chemical companies.

Dr. Kathy Kelley, Pearl River, continued to argue against the manufacturing of BTX and Anellotech.  She believes the Town’s decision was shameful and a bad decision.  The Town Board needs to reverse the Land Use Boards’ decisions.

Heather Hurley, Stop Anellotech, wants to know the Town Board’s comments about Trinity’s monitoring plan and why the emissions’ level is not at maximum.  She said, the community is concerned about the Regional Counsel’s plans and the Code amendment needs to be passed sooner rather than later.

Chris Smith, Pearl River, would like to know why a vote cannot take place, on the amendment of banning BTX.  He opposes the Anellotech project and others like it.

Watson Morgan, Blauvelt, spoke about clear cutting along the greenbelt (reservoir) and preserving open space, the rail-trail and town parks.

RESOLUTION NO. 427                                          CLOSE PUBLIC COMMENTS

 

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:      Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 428                                          APPROVE SETTLEMENT/SEWER BACKUP/8 NB, INC./DBA/8 NORTH BROADWAY-NYACK

 

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

 

RESOLVED, the Town Attorney is hereby authorized to settle and if necessary enter into and execute stipulations of settlement and any other necessary settlement documents, on behalf of the Town of Orangetown, in the matter of the claim of 8 NB Inc. dba 8 North Broadway, in the full and final settlement amount of $20,546.68, which is to be paid by the Town as follows: the sum of $16,546.68 payable to Brav Industries, LLC dba Service Master By Quick Response and the sum of $4,000.00 to 8 NB, Inc., which payments shall be full and final settlement of all claims against the Town of Orangetown arising out of a sewer backup incident that occurred at 8 North Broadway, Nyack, New York which occurred on March 14, 2015.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 429                                          RELEASE PERFORMANCE BOND RAMSAY SUBDIVISION/110 SPARKILL ST –SPARKILL 77.08/5/33

 

 

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

 

RESOLVED, that upon the recommendation of the Planning Board (PB# 2015-44), the Town Highway Department, DEME, and the Town Attorney’s Office, the Board hereby authorizes the release of the Ramsay Subdivision Performance Bond, 110 Sparkill Street, Sparkill, NY (Tax Lot 77.08 Block 5 Lot 33) and Assignment of Bank Account of Kevin J. Ramsay, held at Chase Bank in the amount of $51,426.00, originally accepted by the Town pursuant to Town Board Resolution 2011-281.”

 

Ayes:      Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 430                                          AGREEMENT/ROCKLAND COUNTY REIMBURSEMENT/2015 TACTICAL OFFICERS CONFERENCE

 

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

 

RESOLVED, that upon the approval of the Town Attorney’s Office, from a legal standpoint, the Town Supervisor is hereby authorized to sign an Inter-Municipal Agreement with

RESOLUTION NO. 430 – Continued

 

the County of Rockland, for law enforcement purposes of reimbursing the Town, for officer attendance, at the 2015 Tactical Officers Conference, for the term of April 28, 2015 through April 30, 2015, and further authorizes the Supervisor to take necessary steps to effectuate its terms.

 

Ayes:      Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 431                                          AGREEMENT/ROCKLAND COUNTY LAW ENFORCEMENT /REGIONAL INVESTIGATIVE RESOURCE CENTER (RIRC) CASES /MAY 01, 2015 – DECEMBER 31, 2015

 

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

 

RESOLVED, that upon the approval of the Town Attorney’s Office, from a legal standpoint, the Town Supervisor is hereby authorized to sign an Inter-Municipal Agreement with the County of Rockland, for law enforcement purposes, to support the Regional Investigative Resource Center (RIRC) Cases, for the period May 1, 2015 through December 31, 2015, and further authorizes the Supervisor to take further steps as necessary to effectuate its terms.

 

Ayes:      Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 432                                          ACCEPT/RECEIVE/FILE/ TOWN CLERK’S OFFICE

 

 

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

 

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

 

• Restrictive Covenant for Pearl River Brick Building, 30 N. William Street, Pearl River (68.16-6-4) regarding parking (Rockland County Instr. No. 2015-4874).
• August 4, 2015 Executive Session minutes and August 11, 2015 Regular Town Board Meeting/Executive Session minutes.
• The Club at Pearl River, LLC (f/k/a The Pointe at Lake Tappan), 662 Blue Hill Rd, West, Pearl River (73.10-1-4):  Deed to Pumping Station (RC Instr #2015-10350); Storm Water Maintenance Agreement (RC Instr #2015-10351); Variable Width Sanitary Sewer Easement (RC Instr #2015-10352); Twenty Foot Sanitary Sewer Easement (RC Instr #2015-1353); Sewer Access Easement (RC Instr #2015-10354); and Title Insurance Policy (Rockwest Abstract File CRC-15607) Old Republic National Title Insurance Company Policy OC-09612347.

 

Ayes:      Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:      None

***

 

RESOLUTION NO. 433                                          SHOWMOBILE/DEL’ ARTE/VENTURE CELEBRATION

 

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

 

RESOLUTION NO. 433 – Continued

 

RESOLVED, that upon completion of all the necessary paperwork, upon the recommendation of the Superintendent of Parks and Recreation, and approval by the Town Board, the use of the Showmobile by Del’ Arte Restaurant and Venture for their 20^th Anniversary Celebration” on Sunday, September 27, 2015, at a rental cost of $350.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured is hereby approved.

 

Ayes:      Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 434                                          SEWER BACK-UP CLAIM SETTLMENT JOHN AND ELAINE HAYES/14 MURPHY COURT – BLAUVELT

 

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

 

RESOLVED, that the Town Attorney is hereby authorized to compromise and settle, on behalf of the Town of Orangetown, the claim of John and Elaine Hayes, in the full and final settlement amount of $17,689.63, arising out of a sewer back-up, on June 15, 2013, at premises located at 14 Murphy Court, Blauvelt, N.Y., which back-up occurred as a result of electrical and related pump failures at the Troop Road Pump Station; and

 

BE IT FURTHUR RESOLVED, that the Town Attorney shall be authorized to execute all documents necessary to effectuate such result.

 

Ayes:      Councilperson Diviny, Supervisor Stewart

Councilpersons Troy, Morr, Valentine

Noes:      None

***

RESOLUTION NO. 435                                          POLICE LIGHT TOWER/FRANKLIN AVENUE SCHOOL PICNIC

 

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

 

RESOLVED, that upon completion of all the necessary paperwork, the use of a Police Light Tower, by Franklin Avenue School, for their picnic on Friday, October 2, 2015, is hereby approved.

 

Ayes:      Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 436                                          PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers, for the General Fund, Town, Outside Villages, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds, for a total amount of $1,681,944.38.

 

Ayes:      Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

RESOLUTION NO. 437                                          ADJOURNED/MEMORY

 

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

 

RESOLVED, at 10:25 p.m., the Town Board re-entered the Regular Town Board Meeting and adjourned, in memory of William “Billy” Capobianco (age 27), Pearl River; Rita Dinan, Orangeburg; Terence “Terry” Greenan, W Nyack; Maureen Malley, Pearl River; James (Jim) O’Keefe, Blauvelt; and Caitlin “Caity” Pieretti, Pearl River.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:      None

 

 

 

 

_________________________________

                                                                                                   Charlotte Madigan, Town Clerk