Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, NOVEMBER 27, 2018

 

This Regular Town Board Meeting was opened at 7:30 p.m. Supervisor Day presided and Rosanna Sfraga, Town 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

Greg Garvey, Coordinator of Economic Development & Tourism

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Deputy Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation & Building Maint

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

 

Pledge of Allegiance to the Flag of the United States of America: Esta Baitler

 

The Town Board presented Certificates of Recognition to Pearl River Girl Scout Troop #40199: Meghan Kelley, Naimh Galligan, Laurie Edwards; Pearl River Girl Scout Troop #40493:  Molly McGarity, Lily McArdle, Emily Fastoff, Sheila Fastoff,  Alexa Warren, Jennifer Lin and Tappan Girl Scout Troop #40472:  Katrina Christopher, Amy Kugelman, Zahra Schenk, for achieving their Silver Award.

 

Supervisor Day announced the Pearl River Transit-Oriented Development Study results are posted on the Town’s website.

 

 

RESOLUTION NO. 695                                          OMM IMPROVEMENTS / SOCCER COMPLEX / TURF FIELDS / USE AGREEMENT

 

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

 

WHEREAS, the Town Board and OMM have been operating under a Use Agreement whereby the Town has granted OMM permission to use the Town owned property located between Veterans Memorial Parkway and Old Orangeburg Road in furtherance of OMM providing sports programs for the community, and

 

WHEREAS, the Article V of the Use Agreement, last amended and updated on or about February 9, 2016, provides that any permanent improvements installed on the Town property by OMM and accepted by the Town would be considered a “gift” to the Town,

 

NOW THEREFORE, BE IT RESOLVED, that pursuant to Article V of the Use Agreement with OMM, the Town Board hereby accepts as a gift, land improvements at the Town owned property described therein consisting of Artificial Turf on Fields #2 and #3 improvements installed by OMM, which cost to OMM was in the amount of $880,171.76.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 696                                          RESIGNATION / JOSEPH JUKIC ORANGETOWN HOUSING AUTHORITY

 

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

 

RESOLVED, accept with regret, the resignation of Joseph Jukic, Secretary and Member of the Orangetown Housing Authority, effective November 2, 2018.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 697                                          APPOINT / SEAN WALSH  ORANGETOWN HOUSING AUTHORITY

 

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

 

RESOLVED, Sean Walsh, is hereby appointed Member, of the Orangetown Housing

Authority, to fill the unexpired term of Joseph Jukic, effective November 28, 2018 through December 31, 2020.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 698                                          APPROVE / CHARGING NOMINAL FEES / USE OF ANY PORTION OF TOWN HALL

 

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

 

RESOLUTION NO. 698 – Continued

 

RESOLVED, that a fee of $50.00 will be charged to use any portion of Town

Hall for any event up to a 30 minutes in length, and $25.00 for each additional

30 minute period, which is to be collected in advance, by the Town Clerk, at the time of the original booking.  There will be no fee for governmental, civic, and non-profit organizations.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 699                                          AGREEMENT / GOLDKAP CONSULTING GROUP LLC GENERATE SAVINGS / AUDIT

 

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

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to execute an Agreement, on behalf of the Town, subject to review and approval of the Town Attorney’s Office, with Goldkap Consulting Group, LLC, providing professional services including but not limited to: Explore ways that Town inventory can be better managed; Prepare a fixed asset report to better track equipment going in and out of Town departments; Work with Town department heads to explore ways where using new vendors will make departments more efficient and less dependent on labor; Work with Town IT department to discuss how payroll processing and other technology platforms can be integrated into a planned future approach to build less labor-intensive solutions; Assist Town department heads in negotiating with vendors as it pertains to getting the best value for services and not overpaying for change orders on present contracts; Verify the way present procurement processes are being used; and set-up on line vendor ordering with approval processes in place, within the framework and the constraints of the Town Procurement Policy, the monetary thresholds of the Competitive Bidding requirements, or exceptions thereto, Best Value Purchasing, Piggybacking on certain government contracts, the Town Code and Ethics Code, the NYS Town Law and the NYS General Municipal Law, at a cost not to exceed FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($5,250.00) DOLLARS.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 700                                          MEMORIALIZING RESOLUTION  STATEMENT IN SUPPORT / ENDING RECRUITMENT OF NEW YOUTH SMOKERS

 

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

 

WHEREAS, tobacco companies have developed carefully calculated campaigns to recruit new youth smokers;

 

WHEREAS, internal documents show that tobacco companies have perceived children as a key market and developed products and marketing campaigns aimed directly at them;

 

WHEREAS, not only does Big Tobacco sell sickness but also puts it on sale;

 

WHEREAS, the density of tobacco retailers translates to increased tobacco use;

 

WHEREAS, there are more tobacco retailers then there are Starbucks;

 

WHEREAS, tobacco retailers located near schools increases the probability of youth smokers;

RESOLUTION NO. 700 – Continued

 

WHEREAS, local tobacco licensing insures adhering to building codes creating safer buildings;

 

WHEREAS, only a comprehensive tobacco policy will protect our youth from becoming smokers and help smokers quit;

 

THEREFORE, BE IT RESOLVED, that the Town of Orangetown hereby partners with POW’R Against Tobacco in requesting that New York State protect our children by prohibiting discounting tobacco products, restricting the density of tobacco retailers in proximity to schools, and requiring local tobacco licenses; and

 

BE IT FURTHER RESOLVED, the Town is hereby authorized and directed to send a certified copy of this resolution to Governor Andrew M. Cuomo, the NYS Department of Health, NYS Bureau of Tobacco Control, Denise Hogan, POW’R Against Tobacco, NYS Assemblywoman Ellen C. Jaffee, NYS Senator David Carlucci 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. 701                                          PERFORMANCE BOND / ACCEPT  RECEIVE / FILE / UNITED STATES INFORMATION SYSTEMS INC (USIS) 25 RAMLAND RD, ORANGEBURG (73.20-1-26)

 

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

 

WHEREAS, United States Information Systems, Inc. as developer of certain property located at 25 Ramland Road, Orangeburg, New York (Tax Lot 73.20 Block 1 Lot 26) applied for and received site plan approval from the Town of Orangetown Planning for said property pursuant to Planning Board decision #17-51, and

 

WHEREAS, pursuant to the aforesaid approvals, the Planning Board required that the applicant post a Performance Bond in the amount of $63,930.00 to ensure the construction and completion of certain public improvements pursuant to the aforesaid approvals, and

 

WHEREAS, the applicant has submitted a fully executed Performance Bond dated September 28, 2018, issued by Travelers Casualty and Surety Company of America as Surety, on behalf of United States Information Systems, Inc., as principal, in the amount of $63,930.00 naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the United States Information Systems, Inc. Site Plan, which Performance Bond has been approved as to form and substance by the Town Attorney’s Office,

 

NOW THEREFORE BE IT RESOLVED THAT, the Town hereby formally accepts, receives and files with the Office of the Town Clerk a Performance Bond dated September 28, 2018 issued by Travelers Casualty and Surety Company of America as Surety, on behalf of United States Information Systems, Inc., as principal, in the amount of $63,930.00 naming the Town of Orangetown as beneficiary, to insure the completion of public improvements associated with the United States Information Systems Site Plan no later than September 26, 2020 and said bond to be returned only upon satisfactory completion of said public improvements according to the terms of said Bond and Planning Board decision No. 17-51, any Town departments having jurisdiction thereof, and formal resolution of the Town Board.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 702                                          ACCEPT / RECEIVE / FILE DOCUMENTS / TOWN CLERK’S OFFICE

 

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

 

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

 

1. Town Board minutes:10/16/18 Police Commission; 10/16/18 Workshop; and 10/23/18 Regular Town Board meeting.
2. Agreement:Montefiore Nyack Hospital, Employee Assistance Program.
3. Agreement:Pearl River Chamber of Commerce, Pearl River Day – Hold Harmless and Alcoholic Beverage Permit.
4. Agreement:H2M Architects + Engineers, for Professional Engineering Services, STP Ammonia Upgrade – Alternatives Analysis 5. First Amendment to Lease Agreement, Verizon.
5. Orangeburg Library, Financial Statements, 2016 & 2017.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 703                                          HOLD HARMLESS AND INDEMNIFICATION AGREEMENT DANIEL & KELLI LARKIN /  66 ABLONDI ROAD, PEARL RIVER (66.05-4-56)

 

 

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

 

WHEREAS, Daniel Larkin and Kelli A. Larkin, the property owners of property located at 66 Ablondi Road, Pearl River, New York, have applied to the Town Highway Department for permission to place 2 brick and mortar structures on their property and upon review, a portion of which structures encroach on to an existing Town right of way, and

 

WHEREAS, the matter has been reviewed by the Town Highway Department and the Highway Department has required that the brick and mortar structures may remain at its current location provided the owners of the property provide to the Town and indemnification and hold harmless agreement,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town hereby grants to 66 Ablondi Road, Pearl River, New York, S/B/L 66.05-4-56, a revocable license, in the form of a License, Hold Harmless and Indemnification Agreement, which provides in sum and substance the brick and mortar structures currently existing in the Town’s right-of-way may remain and the owners of the property, Daniel Larkin and Kelli Larkin, must defend, indemnify and hold harmless the Town for any damage related thereto and caused thereby, and that said structures wall must be removed upon notice as set forth therein, otherwise to be removed by the Town at the expense of the property owner and,

 

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

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 704                                          WALGREENS SITE PLAN, TAPPAN RIGHT-OF-WAY DEDICATION AND DEED OF EASEMENT / ACCEPT  RECEIVE / FILE

 

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

 

RESOLVED, that upon recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering, and the Highway Department, the right-of-way dedication and deed of easement from Landmark Tappan, LLC for the Walgreens Site Plan project, Planning Board Decision No. 14-24, is hereby accepted and received; and

 

BE IT FURTHER RESOLVED, that the Supervisor or his designee is hereby authorized to execute all documents necessary to effectuate the acceptance and filing of the respective dedication and deed with the Rockland County Clerk; and

 

BE IT FURTHER RESOLVED, that upon filing with the Rockland County Clerk’s office, the original documents will be filed and maintained in the Town Clerk’s office.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 705                                          PERFORMANCE BOND RELEASE WALGREENS SITE PLAN, TAPPAN

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney’s office and the Town of Orangetown Planning Board, authorize the release of the Performance Bond for the Walgreens’ Site Plan Project to Landmark Tappan, LLC in the amount of $176,622.00.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 706                                          MEMORANDUM OF UNDERSTANDING (MOU) / 2018 – ROCKLAND COUNTY SHARED SERVICES / ASSIGNMENT OF ORANGETOWN POLICE DETECTIVE TO THE ROCKLAND COUNTY REGIONAL INVESTIGATIVE RESOURCE CENTER (RIRC)

 

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

 

RESOLVED, upon the recommendation of the Orangetown Chief of Police, authorize the Town Supervisor to enter into a Memorandum of Understanding (MOU) with the County of Rockland for shared services, which shall include the assignment of an Orangetown Police Detective to the Regional Investigative Resource Center for the term of January 1, 2018 through December 31, 2018, including a share for the Town of Orangetown in asset forfeiture as set forth in the MOU.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 707                                          PILOT AGREEMENT / TZ VISTA, LLC  NYACK / 69 LYDECKER ST. (66.38-2-25) / 2019-2033 TAX ASSESSMENT ROLLS

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney, the Supervisor is hereby authorized to execute a Payment in Lieu of Taxes Agreement (“PILOT”), between and among the Town of Orangetown, TZ Vista, LLC, the Village of Nyack, the Nyack Union Free School District and the County of Rockland Industrial Development Agency, relating to real property known as 69 Lydecker St., Nyack , NY (Tax Map designation 66.38-2-25), commencing with the 2019 tax assessment roll through and including the 2033 tax assessment roll.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 708                                          TAX CERTIORARI SETTLEMENT / CATHERINE COMMONS LLC / 39-45 W. CATHERINE ST, NYACK (65.36-2-17.1, 65.36-2-17.2 AND 65.36-2-17.3)

 

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

 

RESOLVED, upon the recommendation of the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign settlement documents regarding the tax certiorari proceeding Catherine Commons LLC v. Orangetown, Town of, et al., Tax Map designation 65.36-2-17.1, 65.36-2-17.2, and 65.36-2-17.3 (39-45 W. Catherine Street, Nyack) for the tax assessment years 2011 through 2018, for a total refund by the County of $10,316, a total refund by the Town of $22,563 and a total refund by the School District of $115,074. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served on the Rockland County Finance Department.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 709                                          PURCHASE / (1) ONE NASAL RANGER FIELD OLFACTOMETER EQUIPMENT PACKAGE & TRAINING ANIMAL CONTROL OFFICER / ST. CROIX SENSORY, INC.

 

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

 

RESOLVED, upon the recommendation of the Director of Office of Building, Zoning, Planning, Administration and Enforcement, the Town Board hereby approves the purchase of one (1) Nasal Ranger Field Olfactometer Equipment packages, to also include training for the animal control officer from St. Croix Sensory, Inc., at a cost of $2,750.00.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 710                                          SURPLUS OF EQUIPMENT  HIGHWAY DEPARTMENT

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, approve for surplus the following equipment:

 

	2006	Komatsu FG25T-14 forklift	591564A
	2009	Morbark M18R wood chipper	4S8SZ19139W051531
	2004	Tarco Windy-400 leaf machine	LW1914A8597L02
	2004	Tarco Windy-400 leaf machine	LW1914A8598L02
	2007	Trackless MT5TD multi-purpose	3528
	2004	Freightliner FC-80/ Tymco 600	1FVAB6BV64DN04453
\	2008	Ford F550 Mason truck	1FDAF57R18EE10806

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 711                                          AID / 2018 ORANGEBURG VOLUNTEER FIRE DEPT HOLIDAY PARADE

 

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

 

RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board use of the Showmobile at a rental cost of $400.00 by the Orangeburg Volunteer Fire Department for their Holiday Parade, Saturday, December 8, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 712                                          ADOPT / POLICE REGULATION-6 MONTH / NEW “STOP” SIGN / WASHINGTON STREET AND SPARKILL AVENUE, SPARKILL

 

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

 

RESOLVED, upon the recommendation of the Traffic Advisory Board, that the following six month Police Regulation be approved:

 

STOP SIGN, be added at Sparkill Avenue, where it meets Washington Street in Sparkill, NY; and

 

BE IT FURTHER RESOLVED, that the Orangetown Highway Department is authorized to make this change.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 713                                          AMEND RESOLUTION NO. 453 of 2017 AGREEMENT / ORANGE AND ROCKLAND UTILITIES, INC. (ORU)  VEGETATION MANAGEMENT PLAN ALONG J.B. CLARKE RAIL TRAIL

 

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

 

WHEREAS, pursuant to Town Board Resolution 2017-453 the Town of Orangetown authorized an agreement with Orange and Rockland Utilities, Inc. (ORU) for a vegetation management plan along the DeLongis Court section of the J.B.Clarke Rail Trail; and

 

WHEREAS, as part of the agreement, ORU agreed to contribute the sum of $50,000.00 to the Town to offset the cost to the Town of the installation of a fence as part of efforts to restore a buffer between the trail and residential homes in the area; and

 

WHEREAS, the parties desire to amend the agreement by adding in a proposed section 8, in which the Town agrees to indemnify and hold harmless ORU from any claims for damage caused by ORU to the fence that has been installed and owned by the Town as part of the aforesaid buffer;

 

NOW THEREFORE, BE IT RESOLVED, that upon the recommendation of the Town Attorney and Superintendent of Parks and Recreation, the Town of Orangetown hereby agrees to amend the Agreement referenced in Resolution 2017-453 by providing that the Town shall indemnify and hold harmless ORU for any loss of damage caused by ORU to the Town’s fence as located within the Vegetation Area, as defined in the Agreement, and the Supervisor or his designee is authorized to execute any documents necessary to effectuate this resolution.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 714                                          AID / SOUTH ORANGETOWN DAY COMMITTEE / 2018 HOLIDAY WALK AND TREE LIGHTING

 

Under new business, Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny 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 2 port-o-john units as per request (1 regular unit & 1 ADA compliant) for the South Orangetown Holiday Walk and Tree Lighting on Saturday, December 1, 2018.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 715                                          AWARD BID / GENERAL CONTRACT TOTAL RESIDUAL CHLORINE REDUCTION / JETT INDUSTRIES, INC.

 

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

 

WHEREAS, the Commissioner of DEME duly advertised for sealed bids for the Wastewater Treatment Plant Total Residual Chlorine Reduction ITB-DEME-53G-2018, which were received and publicly opened on November 15, 2018; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 11-G-18, and made a part of these minutes.

RESOLUTION NO. 715 – Continued

 

WHEREAS, Jett Industries, Inc. is the lowest qualified bidder in the amount of $416,900.00; and

 

WHEREAS, Funding is available thru bonding and an anticipated NYS Environmental Facilities Corporation Grant for funding to underwrite approximately 25% of the total project cost as detailed in RTBM Resolution No. 165 on March 13, 2018.

 

THEREFORE, BE IT RESOLVED, that upon recommendation of the Commissioner of DEME, the bid of November 15, 2018 for the Wastewater Treatment Plant Total Residual Chlorine Reduction ITB-DEME-53G-2018, is hereby awarded to Jett Industries, Inc., the lowest qualified bidder, in the amount of $416,900.00.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 716                                          AWARD BID / ELECTRICAL CONTRACT / TOTAL RESIDUAL CHLORINE REDUCTION  FANSHAWE INC.

 

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

 

WHEREAS, the Commissioner of DEME duly advertised for sealed bids for the Wastewater Treatment Plant Total Residual Chlorine Reduction ITB-DEME-53E-2018, which were received and publicly opened on November 15, 2018; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 11-G-18, and made a part of these minutes.

 

WHEREAS, Fanshawe Inc. dba Rockland Electric is the lowest qualified bidder in the amount of $84,000.00; and

 

WHEREAS, Funding is available thru bonding and an anticipated NYS Environmental Facilities Corporation Grant for funding to underwrite approximately 25% of the total project cost as detailed in RTBM Resolution No.165 on March 13, 2018.

 

THEREFORE, BE IT RESOLVED, that upon recommendation of the Commissioner of DEME, the bid of November 15, 2018 for the Wastewater Treatment Plant Total Residual Chlorine Reduction ITB-DEME-53E-2018, is hereby awarded to Fanshawe, Inc., the lowest qualified bidder, in the amount of $84,000.00.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 717                                          RESIGNATION / DEME / MATTHEW KANE / MAINTENANCE ELECTRICIAN

 

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

 

RESOLVED, the Town Board hereby accepts, with regret, the resignation of Matthew Kane, Maintenance Electrician (Sewers), effective November 23, 2018.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 718                                          AID / 2018 SOUTH ORANGETOWN HOLIDAY WALK & TREE LIGHTING CEREMONY

 

Under new business, Councilman Bottari 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 authorizes these departments to lend assistance which includes light towers, barricades & cones from the Highway Department and auxiliary police from the Police Department for the holiday walk & tree lighting ceremony, in Tappan, on Saturday, December 1, 2018, from 3 pm – 7 pm (raindate: 12.2.18)

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 719                                          AID / 2018 HOLIDAY PARADE VILLAGE OF SUFFERN

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, the Town Board hereby authorizes the Highway Department to lend assistance which includes the use of 2,000’ of barrels & barricades to Mayor Markunas from the Village of Suffern for their holiday parade on Saturday, December 1, 2018, 6 pm – 8 pm.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 720                                                      PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Finance Director, the Finance Office is hereby authorized to pay vouchers for five (5) warrants for a total amount of $2,442,240.19.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 721                                          OPEN PH / PROPOSED LOCAL LAW AMENDING CHAPTER 22, NOISE

 

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

 

RESOLVED, that the 8:15 pm public hearing on proposed local law amending Chapter 22, Noise is hereby opened.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk presented the Affidavit of Publication, the Notice of Posting and (if any) Comments from outside agencies (Exhibit 11-H-18).

 

Summary of Public Comments:

There were no comments from the public.

RESOLUTION NO. 722                                          CLOSE PH / PROPOSED LOCAL LAW AMENDING CHAPTER 22, NOISE

 

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

 

RESOLVED, that the public hearing on proposed local law regarding changes to Chapter 22 of the Town Code entitled “Noise” is hereby closed.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 723                                          DESIGNATE LEAD AGENCY   DETERMINATION UNDER SEQRA  AMENDING CHAPTER 22, NOISE

 

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

 

RESOLVED, that the Town Board hereby declares itself to be Lead Agency for environmental review with respect to amending Chapter 22 of the Town Code, entitled “Noise”; and further determines that such action is a Type II action pursuant to SEQRA, that the action will not have a significant adverse environmental impact, and, therefore, no further action is necessary with respect thereto under the State Environmental Quality Review Act.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 724                                          ADOPT LOCAL LAW NO.  16  OF 2018, AMENDING CHAPTER 22, “NOISE”

 

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

 

WHEREAS, the Town Board has reviewed the current Town Code with respect to its noise regulations and determined that amendments to the Code are necessary to ensure understandable standards and guidelines for the benefit of the public and enforcement of said Code, including standards that have been determined to meet constitutional requirements, and

 

WHEREAS, the Town Board, after consultation with relevant departments, including OBZPAE, Police, and Town Attorney, has developed proposed amendments to the Code that are consistent with standards that have been found to be constitutional and which the Town Board finds would be in the best interests of the public so as to have an understandable and enforceable set of standards with respect to unnecessary noise, and

 

WHEREAS, a public hearing being had thereon,

 

NOW THEREFORE BE IT RESOLVED, the Town Board hereby adopts proposed Local Law No.   16   of 2018, amending Chapter 22 entitled “Noise” of the Town Code, to provide for update and clarifications with respect to unnecessary noise, as that term is defined in the Town of Orangetown.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

LOCAL LAW NO.16 OF 2018

OF THE INCORPORATED TOWN OF ORANGETOWN, NEW YORK

CHAPTER 22 OF THE TOWN CODE ENTITLED “NOISE”

 

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ORANGETOWN AS FOLLOWS:

 

As amended,  Chapter 22-Noise,  originally adopted by the Town Board on 08/17/1981 by LL No. 10-1981, is hereby amended as follows:

 

Section 1.

 

• 22-2 Unnecessary noise prohibited.

 

It shall be unlawful for any person to make, continue or cause or permit to be made or continued any unnecessary noise within the limits of the Town.

 

“Unnecessary noise” means any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities, or which causes injury to animal life or damage to property or business.

 

• 22-3 General Prohibition.

 

The following acts are declared to be prima facie evidence of a violation of this chapter, and are prohibited, but said enumeration shall not be deemed to be exclusive.

 

1. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Town of Orangetown, except as a danger warning.
2. The playing, using, operating or permitting to be played, used or operated of any television set, musical instrument, band, music or audio playback device or other machine or device for the producing or reproducing of sound, loudspeaker, sound amplifier, in such manner as to disturb the peace, quiet, tranquility and comfort of the neighboring inhabitants or the public at large, as follows:
3. Between the hours of 7:00 a.m. and 11:00 p.m., that has a volume of 80 decibels or greater at the point of alleged disturbance if at a distance of less than 50 feet, or 70 decibels or greater at the point of alleged disturbance if at a distance of 50 feet or more, from the property line of the property of the noise source, or from the place, device, or vehicle if on the public streets, in which it is located; or
4. Between the hours of 11:00 p.m. and 7:00 a.m., that has a volume of 60 decibels or greater at the point of alleged disturbance if at a distance of less than 50 feet, or 40 decibels or greater at the point of alleged disturbance if at a distance of 50 feet or more, from the property line of the property of the noise source, or from the place, device, or vehicle if on the public streets, in which it is located.
5. The keeping of any dog or animal which:
6. Engages in frequent or long continued barking, howling or other noise at 60 decibels or greater at or beyond the property line of the property of the noise source, or from the place, device, or vehicle if on the public streets, such that said noise is:
7. Between the hours of 10:00 p.m. and 8:00 a.m. of a duration longer than 10 consecutive minutes, and disturbs the comfort or repose of any persons in the vicinity; or

iii. Between the hours of 8:00 a.m. and 10:00 p.m. of a duration of more than one hour, and disturbs the comfort or repose of any persons in the vicinity.

1. Noise at or above the level of 60 decibels at the point of alleged disturbance on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution, or which noise disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
2. Any other noise at a level at or above 80 decibels at the point of alleged disturbance between the hours of 7:00 a.m. and 11:00 p.m., which point must be at or beyond the property line of the property of the noise source if the source is located on private property.

 

 

LOCAL LAW 16, 2018 – CONTINUED

 

1. Any other noise at a level at or above 50 decibels at the point of alleged disturbance between the hours of 11:00 p.m. and 8:00 a.m., which point must be at or beyond the property line of the property of the noise source if the source is located on private property.
2. Any sound caused by the operation of any lawn mower, leaf blower, chain saw, hedge clipper, mulching or chipping machine or such similar landscaping equipment prior to 7:00 a.m. and after 8:00 p.m. on Monday through Friday; prior to 8:00 a.m. and after 7:00 p.m. on Saturday; and prior to 9:00 a.m. and after 7:00 p.m. on a Sunday or legal holiday.
3. Any sound of any bulldozer, backhoe or other excavation or earthmoving equipment prior to 7:00 a.m. and after 8:00 p.m. on Monday through Friday; prior to 8:00 a.m. and after 7:00 p.m. on Saturday, and prior to 9:00 a.m. and after 7:00 p.m. on a Sunday or legal holiday.
4. The sound of any power tool, machinery or equipment in use in any construction project or the repair of any building or in any commercial activity or manufacturing process not wholly contained within a closed structure:
5. in any zone other than a residential zone, prior to 7:00 a.m. or after 8:00 p.m.;
6. in any residential zone, prior to 7:00 a.m. and after 8:00 p.m. on Monday through Friday, prior to 8:00 a.m. and after 7:00 p.m. on Saturday, and prior to 9:00 a.m. and after 5:00 p.m. on a Sunday or legal holiday.

 

22-3A Exemptions.

 

The following activities shall be exempt from the provisions of this code:

 

1. Operation of snow blowers or other snow removal equipment at any time during or within 48 hours of the conclusion of a snowfall;

 

2. Work or activity that is necessary to prevent or recover from an emergency, including, but not limited to, work to repair electric, gas, water, sewer or telephone services. For purposes of this article an “emergency” shall mean a public calamity, disaster, extreme weather event, utility services failure, or such other threat to any person or property to actual or immediate danger;

 

3. The sound produced by any siren, alarm or other warning device operated by any ambulance service, police or fire department or any governmental agency when intended to warn the public of any danger or emergency;

 

4. Public meeting; parades or processions as permitted by Chapter 7A of this code;

 

5. The emission of sound by generators during emergencies;

 

6. Sounds connected with organized sporting events on public property or public or private school property, held between the hours of 8:00 a.m. and 10:00 p.m.

 

• 22-4 Penalties for offenses.

 

Any person violating any of the provisions of this local law shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or be imprisoned for a period not exceeding 15 days or to perform up to 50 hours of community service, or by any combination of said penalties.

 

 

• 22-5 Additional remedies.

 

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery or activities conducted at a property in such manner so as to constitute a violation of any provision hereof which continually, regularly or repeatedly causes such violation shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

 

LOCAL LAW 16, 2018 – CONTINUED

 

• 22-5A Enforcement.

 

The provisions of this chapter shall be enforced by the Police Department of the Town of Orangetown, the Town of Orangetown Office of Building Planning Zoning Administration and Enforcement, or such other officials as designated by the Town Board.

 

Section 2. Severability Clause

The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any other part of this local law that can be given effect without such invalid parts.

 

Section 3.        Effective Date.

This Local Law shall become effective immediately upon being filed with the Secretary of State.

 

 

RESOLUTION NO. 725                                          ENTER EXECUTIVE SESSION  PERSONNEL MATTERS / CONTRACTS

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy, Diviny, Valentine and Bottari, Robert Magrino, Jeff Bencik and Jane Slavin.

 

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

 

RESOLVED, at 8:27 pm, the Town Board entered Executive Session to discuss personnel matters and contracts.   Supervisor Day said there will be no further votes.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 726                                          RE-ENTERED RTBM/ADJOURNED

 

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

 

RESOLVED, at 9:03 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Antonio Perillo, father of Town Employee, Geri Schiavone; and Kathleen Fortescue Kavasansky, Pearl River.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None