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Meeting - June 16, 2020 Town Board Virtual Meeting (View All)

Overview
Documents
Videos
Meeting Members
Date Name Group(s) Type Approved File
06/16/2020 06.16.2020 Town Board Meeting Agenda Notice Town Board
06/16/2020 06.16.2020 RTBM DRAFT Backup Town BoardBackup
06/16/2020 06.16.2020 RTBM DRAFT Agenda Town BoardAgenda
06/16/2020 06.16.2020 RTBM FINAL Backup Town BoardBackup
06/16/2020 06.16.2020 RTBM FINAL Agenda Town BoardAgenda

Meeting Members

Teresa M. Kenny

Teresa M. Kenny

Town Supervisor
Supervisor's Office
Phone:
(845) 359-5100
Email:
supervisor@orangetown.com
Jerry Bottari

Jerry Bottari

Town Board Member
Town Board
Email:
gbottari@orangetown.com
Term till:
December 31, 2027
Brian Donohue

Brian Donohue

Town Board Memeber
Town Board
Email:
bdonohue@orangetown.com
Term till:
December 31, 2025
Dan Sullivan

Dan Sullivan

Town Board Member
Town Board
Email:
dasullivan@orangetown.com
Term till:
December 31, 2025
Paul Valentine

Paul Valentine

Town Board Member
Town Board
Email:
pvalentine@orangetown.com
Term till:
December 31, 2027

Meeting Overview

Scheduled: 06/16/2020 5:30 PM
Group(s): Town Board
Location: VIRTUAL MEETING
Documents Type File
06.16.2020 RTBM FINAL Agenda Agenda
06.16.2020 RTBM FINAL Backup Backup
06.16.2020 RTBM DRAFT Agenda Agenda
06.16.2020 RTBM DRAFT Backup Backup
06.16.2020 Town Board Meeting Agenda Notice

TOWN OF ORANGETOWN

TOWN BOARD MEETING MINUTES

VIDEO / TELECONFERENCE MEETING (COVID-19)

June 16, 2020

 

This meeting was opened at 5:30 PM. Supervisor Teresa M. Kenny presided and Rosanna Sfraga, Town Clerk, called the roll.

Present were:

Councilperson Denis Troy

Councilperson Jerry Bottari

Councilperson Paul Valentine

Councilperson Thomas Diviny

Supervisor Teresa M Kenny

 

Also Present:

Michael Lawler, Deputy Supervisor

Allison Kardon, Supervisor’s Confidential Assistant

Carmel Reilly, Director of Economic Development & Tourism

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent Of Highways

Jane Slavin, Director Of Obzpae

Eamon Reilly, Commissioner of DEME

Aric Gorton, Supt Of Parks-Rec & Building Maint.

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director Of Automated Systems

Matthew Lenihan, Computer Network Specialist

Donald Butterworth, Police Chief

 

Pledge of Allegiance to the Flag led by Esta Baitler

 

ANNOUNCEMENTS:

 

Wishing Esta Baitler a Happy Birthday on June 21st!

 

Kickstart Orangetown Update (Supervisor Teresa M. Kenny)

The June 13th Kickstart Orangetown parade was very successful.  The parade started in Nyack threw the villages, Sparkill, Tappan, Blauvelt and Pearl River.

 

The Kickstart Committee met today and they are working on the next event, scheduled tentatively for June 27th, which is closing Central Ave in Pearl River to allow the shops and restaurants to move everything into the street.

 

Orangetown Family Flicks Night:

 

FROZEN II, Saturday, June 27th at 9 pm / Pfizer/IRG Parking Lot in Pearl River / Cost is $15.00 per car per family / Food Trucks will on be on site all night / Visit www.orangetown.com/groups/departments/park

 

PALISADES FARMER’S MARKET is offering TWO curbside, pre-ordered delivery opportunities for fresh vegetables and select vendors / Order from home and pickup from the Palisades Community Center / Website is palisadesfm.org for hours and selections

DISCUSSION:

WORKSHOP OF AGENDA ITEMS

 

PUBLIC COMMENT:

 

The Town Board will accept questions and comments before the meeting via email at:

 

supervisor@orangetown.com or by phone at (845) 359-5100, Ext, 2293 and at this meeting via teleconference.

 

Please follow the instructions of the Supervisor so that the comments are received in an orderly fashion.

 

To participate in the teleconference, follow these instructions:

Please join my meeting from your computer, tablet, or smartphone.

 

https://global.gotomeeting.com/join/968285389

 

You can also dial in using your phone.

United States (Toll Free): 1 877 568 4106

United States: +1 (312) 757-3129

Access Code: 968-285-389

 

New to GoToMeeting? Get the app now and be ready when your first meeting starts:

 

https://global.gotomeeting.com/install/968285389

 

RESOLUTION NO. 269

OPEN PUBLIC COMMENT PORTION

 

RESOLVED, the Public Comment portion is hereby opened.

 

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

 

Motion: 5 – 0

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

Noes: None

 

Summary of Public Comments:

Esta Baitler, Sparkill, complained that the Mayor of Piermont is doing away with their fruit market.

Earlier today, Lisa Leote, Vice President of the Pearl River Chamber of Commerce; Armando Cerdeira, Quinta Steakhouse; John Fallon, JMK Technology Group; Jeffrey Gibs, Volumetric Fund; Eileen Carson, Carson Vacations; Brian O’Sullivan, O’Sullivans Pressure Washing; Linda Shields, Crown Trophy; Michelle Donaghy, Keller Williams Realty; Sabrina Perri, The Perri Agency; Matthew Worgul, Gentle Giant Brewing Co.; Annie Paratore, Dance Central; Michael Lawler, Deputy Supervisor Russo, Russo’s; Marigene Kettler, Rockland Conservatory of Music; Neil O’Sullivan CPA; Raymond Sheridan, Raymond Sheridan Financial and Salmira Gacevic, Deans Coffee Co. submitted emails in support of Sidewalk Saturdays for Pearl River (closing Central Ave & allowing the business to use the sidewalks and the Avenue).

 

Lisa Leote, VP of the Pearl River Chamber of Commerce and advocating for the Pearl River business owners, said, they understand the Town does not dictate the laws by NYS during the COVID-19 pandemic.  They also understand that the Town’s help to local businesses is limited.  They appreciate the support for the businesses to operate on the sidewalks.  The Chamber submitted an application for Sidewalk Saturdays (June 20th & 27th and July 4th).  They selected these dates as they fall on the eve of Father’s Day, in between the reopening phases and the 4th of July.  These dates will help our struggling businesses by allowing a little more time and space to operate as the phases move forward.  The essence of our request included multiple days not one day, which would fail to satisfy our objective, which is an immediate super support intervention and an extended opportunity for foot traffic.  She contacted Rockland County Highway and County Executive Ed Day who expressed, the County will support the closure of Central Avenue for multiple days.  They understand that there are high costs with closing a road and feel it would be an investment into the businesses.  If businesses keep closing, there will be lost of sales tax revenue and property taxes.  The concerns of the bus service is relatively moot.  Several of the bus routes have been suspended and there is no service during these requested dates.  Lisa, sadly, believes at no point has the Chamber’s application, where they were asked if they were opposed to working with the Town to co-host an event to support the businesses was ever sent to the County.  The feedback from the Kickstart Committee has been debunk.  It is her understanding that just this afternoon the County was contacted by the Town, on behalf of the Town, to close the road for the Town’s Kickstart Orangetown sponsor event, which closely parallels with the Chamber’s submitted proposal for the Town’s consideration. The Chamber does not feel they should be competing with the Town, rather we should be working together.  She feels the Town has taken over the Chamber’s proposal, deleted two of the dates and using the third date for themselves and has completely removed the Pearl River Chamber’s name.  The Kickstart Orangetown Committee is not listening to what the businesses are asking for:  multiple dates of closure (not a single date or a flashly event).

 

Supervisor Teresa M. Kenny said, there was no official application for three days.  We got an email saying they wanted three days.  We are not working against the Chamber; we are working with them.  Brian Campbell has been at our Kickstart meetings.  What I think you are getting at, we are also working on.  I spoke to Skip Vezzetti, Rockland County Highway, and he said, under no uncertain terms are we closing down Central Ave for three Saturdays in a row.  The County will do it for one or two special events but we cannot do it regularly.  When talking to the Police Dept, about accomplishing what you guys want, without closing down Central Ave, the Police spoke about putting Jersey barriers and closing some of the parking spaces to allow the businesses to use all of the sidewalks and still give an area for pedestrians to walk.  The Town is looking to work with you guys definitely not against you guys.  At this time, the cost is unknown and the Town cannot just close the street.  I think we can accomplish all what we are working towards.  These ideas have come about in the last week or so.  We are looking to work with the Chamber.  On June 27th, we will close the road and in-between now and then, we will see what can be done to get some more expanded space on the sidewalks.

 

Councilman Valentine – We as the Town Board, as you said, all we want to do is work with the Chamber of Commerce.  We support those businesses 100% but there is a cost and we are going to have to find out that cost, before we can just go ahead and close those roads (how many trucks, how many operators of those trucks, if there is additional Police needed).  We just need all the information and we just don’t have it yet.  I don’t know the requirements from Cuomo:  if you are only permitted so many people in a gathering; is this consider a gathering (Sidewalk or Street Sale).  We need advice from our attorneys on that.  I’m not really sure that this would be a gathering.  It is individual stores, so does it count as a gathering.

 

Supervisor Teresa M. Kenny – yeah, which is why originally, I was adamant about pushing it into Phase 4, because it’s going to be more of an event.  Once you start having events going on (fireworks, vendor trucks etc), I think that is more of a problem.  I think by downsizing it to this, we can say each individual restaurant has it requirements.  They do allow retail shopping outside.  Each store is going to have to comply with social distancing and mask wearing.

 

Councilman Troy – call it a protest and you can have as many as you want.

 

Councilman Valentine – that is true, Denis.

 

RESOLUTION NO. 270

CLOSE PUBLIC COMMENT PORTION

 

RESOLVED, the Public Comment portion is hereby closed.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 271

APPOINT MARTIN FOGERTY / MEMBER / BLUE HILL GOLF ADVISORY COMMITTEE / 2020

 

RESOLVED, that the Town Board hereby appoints Martin Fogerty to the Blue Hill Golf Advisory Committee, effective 1/01/2020 and expires on 12/31/2020 to fill the term held by John Hickey.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 272

APPROVE / ELECTED & APPOINTED OFFICIALS / ESTABLISHING STANDARD WORK DAY / HOURS / NYS RETIREMENT SYSTEM

 

BE IT RESOLVED that the Town of Orangetown (“Town”) hereby establishes the following as standard work days for elected and appointed Officials, and will report the following days worked to the New York State & Local Retirement System (“NYSLRS”), based on the Record of Activities (“ROA”) maintained, and submitted by, these Officials to the Town Clerk or Town Attorney:

 

Elected or Appointed Official’s Title

 

 

Name

NYSLRS Registration Number Standard

Work Day/SWD

(hours per day)

 

Term Begins/Ends

Participates in Town’s Time Keeping System SWD Days per Month

(based on ROA)

 

ROA Submitted

Supervisor Teresa M. Kenny REDACTED 7 01/1/2020 -12/31/2021 NO 26.71 YES (2020)
Executive Assistant to Supervisor Allison Kardon REDACTED 7 01/1/2020 -12/31/2021 NO 26.52 YES (2020)
Inter-Government Relations Coordinator Carmel Reilly REDACTED 7 01/01/2020 – 12/31/2021 NO 23.41 YES (2020)
Inter-Government Relations Coordinator Greg Garvey REDACTED 7 01/01/2018 – 02/07/2020 NO 21.67 YES (2020)
Town Curator Emily Hingle REDACTED 7 01/01/2020 – 12/31/2021 YES1 15.28 YES (2020)
Town Clerk Rosanna Sfraga REDACTED 7 01/01/2020 – 12/31/2021 YES NOT NEEDED NOT NEEDED
Deputy Town Clerk Joseph Thomassen REDACTED 7 01/01/2020 – 12/31/2021 YES NOT NEEDED NOT NEEDED
Town Justice Patrick Loftus REDACTED 7 01/01/2020 -12/31/2023 NO 5.602 YES (2015)
Town Justice Richard C. Finning REDACTED 7 01/01/2018 -12/31/2021 NO 10.123 YES (2018)
Councilman Paul Valentine REDACTED 7 01/01/2020 – 12/31/2023 NO 8.454 YES (2015)
Councilman Thomas Diviny REDACTED 7 01/1/2018 -12/31/2021 NO 13.805 YES (2015)
Zoning Board of Appeals Thomas Quinn REDACTED 7 01/01/2019 – 12/31/2023 NO 1.696 YES (directly to NYSLRS)

 

 

 

 

RESOLUTION NO. 272 – Continued

 

Elected or Appointed Official’s Title

 

 

Name

NYSLRS Registration Number Standard

Work Day/SWD

(hours per day)

 

Term Begins/Ends

Participates in Town’s Time Keeping System SWD Days per Month

(based on ROA)

 

ROA Submitted

Historical Areas Board of Review Walter Scott Wheatley REDACTED 7 01/01/2018 – 12/31/2022 NO 2.007 YES (directly to NYSLRS)
Zoning Board of Appeals Daniel Sullivan REDACTED 7 01/01/2016 – 12/31/2020 NO 2.96 YES (2019)
Planning Board Bruce Bond REDACTED 7 01/01/2018 – 12/31/2022 NO —– NO
Commissioner of DEME Eamon Reilly REDACTED 7 09/10/2018 – 09/10/2023 NO 31.48 YES (2020)
Deputy Commissioner of DEME Christopher Sheehan REDACTED 7 06/10/2019 – 06/19/2024 NO 27.90 YES (2020)
Superintendent of Parks & Rec. Aric Gorton REDACTED 7 01/01/2020 – 12/31/2021 YES NOT NEEDED NOT NEEDED
Director of OBZPAE Jane Slavin REDACTED 7 01/01/2020 – 12/31/2021 NO 26.24 YES (2020)
Finance Director Jeffrey Bencik REDACTED 7 01/01/2020 – 12/31/2020 NO 25.718 YES (2015)
Deputy Town Attorney Dennis D. Michaels REDACTED 7 01/01/2020 – 12/31/2021 NO 14.279 YES (2018)
Town Attorney Robert V. Magrino REDACTED 7 01/01/2020 – 12/31/2021 NO 22.1710 YES (2018)
Deputy Town Attorney Denise A. Sullivan REDACTED 7 01/01/2020 – 12/31/2021 NO 10.36 YES (2020)
Deputy Town Attorney Richard S. Pakola REDACTED 7 01/01/2020 – 12/31/2021 NO 12.2311 YES (2018)
Deputy Town Attorney Brittany Cordero REDACTED 7 01/13/2020 – 12/31/2021 NO 11.20 YES (2020)
Deputy Town Attorney Elizabeth Brancati REDACTED 7 01/01/2020 – 12/31/2021 NO 11.17 YES (2020)
Associate Justice Court Clerk Amanda Hyland REDACTED 7 01/01/2020-12/31/2023 YES NOT NEEDED NOT NEEDED

 

 

[1]  Handwritten; verified by Mary Cardenas.

2  Days per month is based on Town Board Resolution #373 of 2015.

3  Days per month is based on ROA submitted as of 03/31/2018; Recertification of ROA submitted on 03/17/2020.

4  Days per month is based on Town Board Resolution #373 of 2015.

5  Days per month is based on Town Board Resolution #373 of 2015; Recertification of ROA submitted on 02/28/2020.

6  Days per month is based on submission of ROA directly to NYSLRS, and Town Board Resolution #373 of 2015; Recertification of ROA submitted on 04/20/2020.

7  Days per month is based on submission of ROA directly to NYSLRS, and Town Board Resolution #373 of 2015; ROA result confirmed by NYSLRS letter dated 06/27/2016.

8  Days per month is based on Town Board Resolution #373 of 2015; Recertification of ROA submitted on 06/01/2020.

9  Days per month is based on ROA submitted as of 03/31/2018; Recertification of ROA submitted on 02/28/2020.

10 Days per month is based on ROA submitted as of 06/30/2018; Recertification of ROA submitted on 06/11/2020.

11 Days per month is based on ROA submitted as of 06/30/2018; Recertification of ROA submitted on 02/28/2020.

 

 

RESOLUTION NO. 272 – Continued

 

BE IT FURTHER RESOLVED that this Resolution shall be posted for at least 30 days, and a certified copy of the Resolution shall be filed by the Town Attorney’s Office with the Office of the New York State Comptroller.

 

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

 

Motion: 5 – 0

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

 

Noes: None

 

 

RESOLUTION NO. 273

APPROVE REVOCABLE LICENSE WITH GRAPE D’VINE

 

WHEREAS, the Town of Orangetown is the owner of certain property located in the hamlet of Sparkill identified as tax lot 77.08-4-28 in the vicinity and part of the area known as Depot Square, and

 

WHEREAS, the owner of property adjoining this property, ELP, LLC and Reil-Buy, LLC, which operates a restaurant and wine store known as  Grape D’Vine, which restaurant provides limited outdoor dining, and

 

WHEREAS, the owner of Grape D’Vine has requested the use of a part of the Town land adjoining the aforementioned properties for purposes of placing picnic tables and umbrellas for the use of the restaurant as part of the permitted outdoor dining as part of the economic recovery from the shutdown of restaurants as a result of the COVID-19 emergency,

 

NOW THEREFORE, The Town Board hereby authorizes the use of the Town owned propertyc consisting of the small grass area adjacent to tax lot 77.08/4/26 by Grape D’Vine for the purposes of placing up to 7 six foot picnic tables with umbrellas for purposes of use by the restaurant during dining hours for outdoor dining purposes in accordance with Town Board Resolution No. 2020-249, as a Temporary Revocable License, under the following terms and conditions:

  • Owner must obtain a permit for outdoor dining under the terms and conditions of Resolution 2020-249 including but not limited to the requirement to adhere to all New York State guidelines regarding outdoor dining and shall terminate in accordance therewith and agreeing to hold the Town harmless and provide insurance naming the Town as additional The insured under its liability insurance policy;
  • The Town Board may revoke this Temporary License for any reason, at its sole discretion for any reason, on seven days written notice;
  • Any tables placed on Town property as authorized by the License Agreement shall be available for use by Town residents when the restaurant is not open;
  • The applicant shall have no vested rights in the permit or the use of the property that is the subject of this resolution other than as set forth herein;
  • The applicant shall pay the sum of $250.00 for the use of the Town property as set forth herein, which shall be payable prior to the issuance of a Temporary Outdoor Dining permit.
  • The applicant may park a vending truck at the location in accordance with Town regulations and licenses regarding same.

 

BE IT FURTHER RESOLVED, that the Supervisor or her designee is authorized to execute any documents to implement the terms of this resolution, upon review and approval of the Town Attorney’s Office.

 

 

RESOLUTION NO. 273 – Continued

 

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

 

Motion: 5 – 0

 

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

 

Noes: None

 

 

RESOLUTION NO. 274

AUTHORIZE TOWN BOARD MEETINGS SCHEDULED FOR JULY 7, 2020 AND JULY 21, 2020 AT 7:00 PM / TO BE HELD IN PERSON AT TOWN HALL / JULY 7th POLICE COMMISSION 6:30 PM / OPEN TO PUBLIC WITH SAFETY MEASURES

 

WHEREAS, on April 7, 2020, in accordance with Executive Order No. 202.1 issued by the Governor of the State of New York with respect to the COVID 19 crisis, the Town Board authorized Town Board meetings to be held via videoconference with no in person attendance by the public permitted, and

 

WHEREAS, the Mid-Hudson Valley region where the Town is located is expected to be in Phase 3 of the Governor’s plan for re-opening after the COVID-19 related closures of businesses and prohibitions on gatherings by July 7, 2020, and

 

WHEREAS, as a municipal entity and thus an essential business, the Town may conduct in person meetings, provided appropriate safety measures are taken with respect to the COVID-19 crisis and allow occupancy of up to 50% capacity,

 

NOW THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes Town Board meetings scheduled for July 7, 2020 and July 21, 2020 to commence at 7:00 p.m. with a Police Commission to be held on July 7, 2020 starting at 6:30 p.m., and said meetings will be held in person, at Town Hall located at 26 W. Orangeburg Road, Orangeburg, New York, and which meetings shall be open to the public subject to capacity limitations, and all appropriate safety measures including but not limited to social distancing and the wearing of personal protective equipment, and

 

BE IT FURTHER RESOLVED, that the meetings shall be streamed live on Facebook and via Cable Television, channel 30 on Fios and Channel 78 on Optimum, and anyone who does not wish to attend but wishes to be heard during the public comment period may send same via email to akardon@orangetown.com.

 

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

 

Motion: 5 – 0

 

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

 

Noes: None

 

 

RESOLUTION NO. 275

APPROVAL OF 2020 CERTIFICATE OF SEWER REGISTRATION

 

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

 

SDM Industries, 21 South Park Terrace, Congers, NY 10920

 

 

 

RESOLUTION NO. 275 – Continued

 

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

 

Motion: 5 – 0

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

Noes:  None

 

 

RESOLUTION NO. 276

APPROVE REQUEST FROM ROCKLAND COUNTY HIGHWAY DEPARTMENT / CROSSWALK AND SIGNAGE / WEST WASHINGTON AVENUE AND OLD SOUTH HIGHLAND INTERSECTION

 

RESOLVED, that upon the recommendation of the Orangetown Traffic Advisory Board and in accordance with N.Y.S. Manual on Uniform Traffic Control Devices (M.U.T.C.D.), the Town Board requests that Rockland County Highway Department install a pedestrian crosswalk and required signage on West Washington Avenue on the west side of the intersection of Old South Highland in Pearl River to allow handicap residents access to the sidewalk. Orangetown Highway Department will install the curb cuts.

 

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

 

Motion: 5 – 0

 

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

 

Noes: None

 

 

RESOLUTION NO. 277

AUTHORIZE AND APPROVE CHANGE ORDER #2 / JETT INDUSTRIES INC. / CONTRACT NO. DEME-53G-2018 / TOTAL RESIDUAL CHLORINE REDUCTION

 

RESOLVED, that upon the recommendation of the Commissioner of DEME, approve Change Order #2 to Contract No. DEME-53G-2018, Jett Industries Inc., for a credit in the amount of $2,128.95. This Change Order represents the final agreed upon price for all work required and performed within the scope of this contract. Previous Contract Price: $525,764.00; Revised Contract Price: $523,635.05.

 

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

 

Motion: 5 – 0

 

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

 

Noes: None

 

RESOLUTION NO. 278

ACCEPT DONATION / IMPROVEMENTS AROUND THE RESTAURANT AND PLANTER BOXES AT BLUE HILL GOLF COURSE / J&J EVERGREEN LANDSCAPING

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation and the Orangetown Golf Advisory Committee accept with gratitude the donation of landscaping improvements to be made to the area around the restaurant at Blue Hill Golf Course and several golf course planter boxes. Work to be performed by J&J Evergreen Landscaping and funded by the Orangetown Golf Advisory Committee.

 

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

RESOLUTION NO. 278 – Continued

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 279

ACCEPT DONATION / BENCH / BLUE HILL GOLF COURSE / DONATED BY THE SUNDAY BOYS, FRIENDS OF ALLAN SEEBACH

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation accept with gratitude the donation of a memorial bench by; The Sunday Boys, Friends of Allan Seebach to be placed on the grounds at Blue Hill Golf Course. Memorialization engraving to read:

 

In Loving Memory of

Allan F. Seebach Jr.

1/13/58 – 4/23/20 “Oh Allan”

Dedicated Blue Hill Employee

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 280

APPROVE / LEND ASSISTANCE / 2020 ORANGETOWN FAMILY FLICKS / FRIDAY, JUNE 26TH & SATURDAY, JUNE 27TH

 

RESOLVED, upon the completion of all necessary paperwork for the Orangetown Highway Department and after meetings with the Orangetown Police Department, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board the Orangetown Family Flicks program to be held on the ground of IRG Realty in Pearl River (Pfizer). This will be a two night event, night 1 is a TZHS only event allowing the senior class and their families to gather one last time safely under the NYS Drive-in Theater Covid 19 Guidelines. The cost of the SOCSD event will be covered by the school district and or the senior class. The second night will be open to residents of Orangetown by registration only and will allow for 200 families to attend. The night will also feature food trucks and all current Covid 19 guidelines will be in place. All entities have also met the insurance needs of IRG Realty and the funds for the 2nd night are currently in the 7310.457 budget.

 

Requested from Orangetown Highway:  Cones, Barricades, Snow Fencing

 

Requested from the Orangetown Police Department:  No Parking signs along N. Middletown Road, 5 or 6 Auxiliary Police, 1 or 2 on-site police officers

 

Requested from United Rentals:  5 Porta-Johns

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 281

AUTHORIZE TOWN TO SHARE IN COST OF APPRAISAL SERVICES; CBRE: WEBSTER COLLINS; PFIZER TAX CERTIORARI CASE

 

RESOLVED that the Town Board authorizes to share in the cost of retaining of Webster A. Collins, CBRE pursuant to a proposal dated December 5, 2019 with the Nanuet School District, to provide appraisal services to the Town in defense of the tax certiorari proceeding known as Pfizer v. Town of Orangetown and Nanuet Union Free School District, regarding 401 North Middletown Rd., Pearl River, NY (Tax Map Designation 68.08–1-5); said shared cost to be on a 50% basis for services from June 1, 2020 and forward, and authorizes the Supervisor, or her designee, to execute any documents necessary to implement the terms of this Resolution, upon review by, and approval of, the Town Attorney’s Office.

 

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

 

Motion: 5 – 0

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

Noes: None

 

Councilman Diviny – Teresa, can we go back to the outdoor dining on the 27th?

 

Supervisor Teresa M. Kenny – we certainly can.

 

***

Councilman Diviny – and get the Chief.  Are we going to have the Police patrolling or not have them?  Who is going to enforce social distance?

 

Donald Butterworth, Police Chief – As far as social distancing, I don’t see us getting too involved.  We will probably have one Police Officer, while the road is closed and that should be enough.

 

Councilman Diviny – if that is the case I do not have a problem with voting on it for July 4th right now and we do not give it before Father’s Day.  It’s not enough time to get it done.

 

Supervisor Teresa M. Kenny – I have to speak to the County, Skip Vezzetti.  I spoke to him personally today, he was kinda like ….. you know……

 

Councilman Diviny – If Ed is saying it’s o’kay, I am sure he will tell Skip.  I say, we try to help these restaurants out.  If it’s the County who wants to have the heavy hand then it’s on them.  We should approve this and let them open on July 4th.

 

Councilman Troy – I agree with Tom.

 

Councilman Bottari – I second it.

 

Councilman Valentine – I support this.

 

Supervisor Teresa M. Kenny – O’kay.  I do not know if we have to take a vote.

 

Robert Magrino, Town Attorney, – part of it is logistics, which I think you have been talking about:  is it Central, Is it Central and Main?  I think that is something that can be worked out.  You may want to do some kind of a Memorializing resolution, authorizing the Town to close roadways in conjunction with the County for the purposes of permitting outdoor dining, social distancing, and things of that nature and businesses are required to keep the tables’ 6-ft apart.

 

Supervisor Teresa M. Kenny – one of things that came up earlier was doing the jersey barriers.  This would give them more space on the sidewalk and would not require closing the street down, which is kind of a compromise.

 

Councilman Bottari – It’s my understanding, and James Dean, Superintendent of Highways, can probably confirm; there’s a pretty expensive price on getting, placing and removing those cement barriers.

 

Jim Dean – I do not think the Chief was referencing the concrete barriers.  We have ones that we fill with water.  What we really need to know is how many spaces you are going to do that in.  We have a limited amount.  We have enough to do 20 spaces.  We have to come up with some other kind of a plan.  Bringing concrete in is going to be a big cost factor (getting it place & removing them), there is a lot to consider.

 

Councilman Bottari – The reason I mentioned concrete, Jim, is with the plastic ones, you still need the trucks at the intersections.

 

Jim Dean – Well, we are looking at a couple of different plans.  If you are just going with spaces, thats one plan.  If you are going to close the roads, that’s a different plan.  The previous process has been to close it completely, so people cannot ride down the street, especially if you are going to let pedestrians out in the streets.  What do you want us to do?  If you are going to close the roads the Town already has established a plan, how to do that.  It is going to be expensive.  We have done that for the St. Patrick’s Day parade and Pearl River Day.  If you are going to try and do specific locations, then we really need to know the number of locations to be able to give a real estimate of what it is going to cost and what it is going to take.  If you are doing it for three weeks, do we just leave them in place?  Whatever you need tell me and I will be able to give you some numbers.

 

Rob Magrino – I think, when Jim said leave it, he is talking about the parking spaces, obviously not the roadway, Right.

 

Jim Dean – Plan 1 would be to close the streets completely.  Plan 2 would be specific locations.  If you are going to do specific locations, you want to place them once and leave them and then when everything is finished, you take them out.

 

Councilman Diviny – but that cuts people off to be able to park in front of business.

 

Councilman Valentine – I have a question.  Did we ever think of trying to get Central Ave field and just allow the local businesses to set-up their goods outside?  Maybe not the restaurants but that could help the other businesses, like a sidewalk sale.  When I talked to Lisa, she said you cannot put an application into the school district because it is closed.  Maybe we can help with that.  Also, on the 4th of July, the road would have been closed, if this was a normal year.  So, we are only adding one day of additional monies.

 

Councilman Diviny – and we did not pay for St. Patrick’s Day.

 

Councilman Valentine – I would like to make a suggestion:  we go ahead and approve the 27th.  If we need to do July 4th, we vote at the Special Town Board meeting, when we know the cost.  Even on, Saturday, July 4th, you are paying the guys overtime to in and man those trucks and to move the barriers.  So, I think we need to know the cost.

 

 

NEW BUSINESS

 

RESOLUTION NO. 282

CONSENT /PR CHAMBER / CLOSE CERTAIN STREETS / FOR PLACING TABLES & CHAIRS / SIDEWALK & CENTRAL AVE /JUNE 27, 2020

 

RESOLVED that the Town Board hereby consents to the request of the Pearl River Chamber of Commerce to close certain streets in the Town on June 27, 2020 from 4:00 p.m. to 9:00 p.m. for the purposes of permitting restaurants and businesses to utilize the areas of the streets in front of their businesses for the purposes of placing tables and chairs for use by customers, subject to Town permitting and in accordance with any and all directives from the Governor regarding operations of the business pursuant to the phased re-opening requirements and in accordance with all Federal, State, County and Town statutes, rules and regulations, and subject to the issuance of appropriate permits by all authorities having jurisdiction.

RESOLUTION NO. 282 – Continued

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 283

SCHEDULE SPECIAL TOWN BOARD MEETING / JUNE 23, 2020 @ 5:30PM

 

RESOLVED, that the Town Board shall hold a Special Town Board Meeting on Tuesday, June 23, 2020 at 5:30 p.m. to discuss outdoor dining on streets as part of the economic recovery from COVID-19 pandemic.  This will be a virtual meeting via Go To Meeting with no in person attendance.

 

Under new Business, Councilperson Thomas Diviny offered the above resolution, which was seconded by Supervisor Teresa M. Kenny and was Adopted:

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 284

PAY VOUCHERS

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of one (1) warrant for a total of $1,326,554.58 and authorize Town Supervisor to sign audit sheet on behalf of Town Board.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

RESOLUTION NO. 285

ENTER EXECUTIVE SESSION

 

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

 

RESOLVED, at 6:35pm, the Town Board entered Executive Session to discuss personnel matters.

 

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

 

Motion: 5 – 0

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

Noes: None

 

RESOLUTION NO. 286

RE-ENTER RTBM / ADJOURNED / MEMORY

 

RESOLVED, at 7:11 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of David Louis McIlwain, formerly of Pearl River.

 

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

 

Motion: 5 – 0

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

Noes: None

 

 

 

 

 

 

 

_________________________________

      Rosanna Sfraga, Town Clerk

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