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Meeting - Town Board Meeting/Audit September 25th, 2018 (View All)

Overview
Documents
Videos
Meeting Members
Date Name Group(s) Type Approved File
09/25/2018 RTBM 9-25-2018 AGENDA BACKUP FINAL Town BoardBackup/TBM
09/25/2018 RTBM 9-25-2018 AGENDA FINAL Town BoardAgenda
09/25/2018 M_09-25-18_RTBM Town BoardMinutes

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: 09/25/2018 7:30 PM
Group(s): Town Board
Location: Orangetown Town Hall
Documents Type File
RTBM 9-25-2018 AGENDA FINAL Agenda
RTBM 9-25-2018 AGENDA BACKUP FINAL Backup/TBM
M_09-25-18_RTBM Minutes

 

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, SEPTEMBER 25, 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:

Michael Lawler, Deputy Supervisor

Amanda Hyland, Supervisor’s Confidential Assistant

Rosanna Sfraga, Town Clerk

Joseph Thomassen, 1st Deputy Clerk/Collector

Robert Magrino, Deputy Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation & Building Maint

Donald Butterworth, Police Captain

 

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

 

IRG presented ideas for re-zoning of Pfizer campus.  They are rebranding themselves, calling themselves “New York Center of Innovation.  Their ideas consist of office space, service retail, hospitality, and higher education research, residential and commercial units.

 

Lino Sciarretta, Montalbano, Condon & Frank, P.C. and Attorney for the Petitioner requesting a Water Diversion Permit, said movement of the existing drainage pipe is needed to move it away from the house.  A larger pipe will be installed at Kreiger Estate, 27 Sunrise Lane, Pearl River.

 

Supervisor Day presented the 2019 Supervisor’s Tentative Budget and gave a message regarding the budget (Exhibit 09-D-18).

 

Summary of Public Comments (RTBM):

Mike Mandel, Pearl River, is concerned that no numbers on houses impacts First Responders.  He suggested sending out letters, working with the schools and putting a note on the Town’s website as a friendly reminder.

Esta Baitler, Sparkill, said handicap people should not be charged for parking; the LED street lights are not working properly; and she wishes to speak for five minutes at Town Board meetings.

Robert Tompkins, Pearl River, spoke about the resolutions regarding the Orangetown Housing Authority; refinancing of the Authority’s bonds and he suggested a progress report be given to the Town Board from the Housing Authority.

Vincent Lupi, Blauvelt, informed the Town Board, Aluf Plastics is an ongoing problem.  He requested the Town Board to do everything possible to solve the problem.

 

RESOLUTION NO. 548                                          CLOSE PUBLIC COMMENTS

 

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

 

            RESOLVED, that the public comments portion is hereby closed.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 549                                          OPEN PH / CHAPTER 26 – PARKING METERS / ELECTRIC VEHICLE CHARGING STATIONS

 

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

 

RESOLVED, that the public hearing regarding Chapter 26, Parking Meters/Electric Vehicle Charging Stations is hereby opened.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk presented the Affidavit of Publication, the Notice of Posting and Comments from outside agencies (Exhibit 09-E-18).

 

Summary of Public Comments:

John Waffenschmidt, Blauvelt, spoke about the pros and cons of the different types of electric vehicle charging stations.  He encouraged the recognition of Hybirds and he cautioned the use of liquid batteries.

 

RESOLUTION NO. 550                                          CLOSE / PH / CHAPTER 26 – PARKING METERS / ELECTRIC VEHICLE CHARGING STATIONS

 

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

 

RESOLVED, that the public hearing regarding Chapter 26, Parking Meters/Electric Vehicle Charging Stations is hereby closed

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 551                                          DESIGNATION OF LEAD AGENCY AND DETEMINATION UNDER SEQRA  CHAPTER 26 / PARKING METERS FOR ELECTRIC VEHICLES CHARGING STATIONS

 

Councilman Valentine 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 26 of the Town Code, entitled “Parking Meters”; 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 Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 552                                          ADOPT LOCAL LAW NO.  12 OF 2018  CHAPTER 26 – PARKING METERS ELECTRIC VEHICLE CHARGING STATIONS

 

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

RESOLUTION NO. 552 – Continued

 

RESOLVED, that the Town Board hereby adopts proposed Local Law No. 12 of 2018, amending Chapter 26 of the Town Code entitled “Parking Meters”, to provide for the regulating and permitting of parking spaces for electric vehicles and electric vehicle charging stations in the Town of Orangetown.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

TOWN OF ORANGETOWN

LOCAL LAW 12, 2018

 AMEND CHAPTER 26 OF THE TOWN CODE OF THE TOWN OF ORANGETOWN REGARDING PUBLIC ELECTRIC VEHICLE PARKING SPACES

 

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

 

The said section of the Code, Chapter 26, is amended as follows (Additions to the existing law are Bold and underline; Deletions are designated by strikethrough):

 

Section 1.

  • 26-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

 

BATTERY ELECTRIC VEHICLE

 

Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s battery(ies), and produces zero tailpipe emissions or pollution when stationary or operating.

 

CHARGING

 

When an electric  vehicle  is connected  to electric vehicle  supply  equipment  (or standard  outlet) for the purpose  of recharging motive batteries  on board the electric  vehicle.

 

ELECTRIC VEHICLE

 

Any motor vehicle that is registered with New York State Department of Motor Vehicles (DMV) and is authorized to operate on public and private highways, roads and streets, and operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes:

(1)  A battery electric vehicle;

(2)  A plug-in hybrid electric vehicle;

(3) A neighborhood electric vehicle; and

(4) A medium-speed electric vehicle.

 

ELECTRIC VEHICLE CHARGING STATION – PUBLIC USE

 

An area that is publicly owned and publicly available (e.g. parking spaces on a public street or municipal parking lot), that is served by electric vehicle supply equipment or battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

 

Local Law 12, 2018 – Continued

 

ELECTRIC VEHICLE PARKING SPACE

 

Any marked parking space that is equipped with an Electric Vehicle Charging Station.

 

MEDIUM-SPEED ELECTRIC VEHICLE

 

A self-propelled electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the Federal regulations set forth in 49 CFR Section 571.500.

 

NEIGHBORHOOD ELECTRIC VEHICLE

 

A self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to Federal regulations set forth in 49 CFR Section 571.500.

 

PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV)

 

An electric vehicle that (1)  contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor;  (2)  charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal combustion-driven generator; and (4) has electricity-powered travel capability.

  • 26-4. Spaces designated.
  1. Certain parking spaces on public streets or in Town owned municipal parking lots shall be designated as Electric Vehicle Parking Spaces by the Town. The Town Board shall establish and may amend the fees, limitations of time and occupancy for the use of the Electric Vehicle Parking Spaces and Electric Vehicle Charging Stations-Public Use, by Town Board Resolution. Notwithstanding anything to the contrary contained within this Chapter regarding parking meters, fees shall be based upon kilowatt hours per charge plus an applicable surcharge, in addition to a fee for the use of the parking space as determined by the Town Board.
  • 26-15. Violations and penalties; removal of illegally parked vehicles.
  1. In addition to any other penalties set forth in this Chapter, vehicles parked in an Electric Vehicle Parking Space in violation of this section or as posted with signage installed in accordance with the fees, limitations of time and occupancy established in accordance with this section, may be towed.  Any costs associated with towing and storage of a vehicle that is towed pursuant to this section shall be at the vehicle owner’s expense.

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. 553                                          RE–OPEN / CONTINUE / PH / (PODS) TEMPORARY STORAGE CONTAINER

 

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

RESOLUTION NO. 553 – Continued

 

RESOLVED, that the public hearing regarding Temporary Storage Containers (PODS) is hereby opened.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk presented the Comments from Rockland County, Dept. of Planning (Exhibit 09-F-18).

 

Summary of Public Comments:

There were no comments from the Public.

 

RESOLUTION NO. 554                                          CLOSE PH / TEMPORARY STORAGE CONTAINER (PODS)

 

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

 

RESOLVED, that the public hearing regarding Temporary Storage Containers (PODS) is hereby closed.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 555                                          SEQRA / DECLARE LEAD AGENCY  TEMPORARY  STORAGE CONTAINER (PODS)

 

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

 

WHEREAS, the Town Board has considered the adoption of a Local Law, amending Chapter 43, Article V of the Town Code by adding a new subsection “5.330” to Section 5.2 entitled “Exceptions to bulk regulations” and Article XI, section 11.2 to provide for the definition of “Temporary Storage Container”, addressing the regulation of temporary storage containers; and

 

WHEREAS, on or about June 5, 2018, the Town Board circulated amongst various potential interested agencies notice of its intention to assume Lead Agency status for the purpose of the environmental review of the above referenced action; and

 

WHEREAS, being the only Involved Agency, the Town Board hereby assumes the role of Lead Agency for environmental review; and

 

WHEREAS, acting in its capacity as Lead Agency for environmental review, and after taking a “hard look” at all of the potential environmental impacts that might result from the proposed action, the Town Board has concluded that there will be no significant environmental impact or effect caused or occasioned by the proposed change in the zoning law,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the Negative Declaration annexed hereto, and authorizes the Town Supervisor or his designated agent to execute the Environmental Assessment Form and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

TOWN OF ORANGETOWN

 ROCKLAND COUNTY ZONING TEXT AMENDMENT

 

STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION

NOTICE OF DETERMINATION OF NON-SIGNIFICANCE

 

DATE: August 4, 2018

 

LEAD AGENCY: The Town Board of the Town of Orangetown

Orangetown Town Hall

26 Orangeburg Road

Orangeburg NY 10962

 

This Notice is issued pursuant to Part 617 of the implementing regulations of Article 8 (SEQRA) of the Environmental Conservation Law.

 

The Lead Agency has determined that the proposed action described below will not have a significant effect on the environment.

 

TITLE OF ACTION:

 

Amending Chapter 43, Article V entitled “Exceptions to Bulk Regulations” and Article XI entitled “Definitions” of the Town Code regarding the definition of temporary storage containers and regulations relating to same;

 

SEQRA STATUS: Unlisted Action DESCRIPTION OF ACTION:

The proposed action consists of providing for the definition of “Temporary Storage Containers” in the definitions section of the Town Zoning Code, and providing for the regulation of temporary storage containers as set forth more fully therein.

 

DETERMINATION:

 

There will be no significant adverse environmental impact(s) as a result of the proposed action.

 

REASONS SUPPORTING THIS DETERMINATION:

 

The proposed action provides for the definition and regulation of temporary storage containers. The proposed changes are being made to address certain shortcomings in the code with respect to when property owners must obtain permits for the use and storage of such containers on their property.

 

In addition, both the Town Planning Board, pursuant to Town Code Chapter 43, § 10.5, and the County Planning Department, pursuant to General Municipal Law §§ 239 L & M, have reviewed the proposed law, and neither has concluded that the proposed action will have any significant adverse impact.

 

POTENTIAL IMPACTS DETERMINED NOT TO BE SIGNIFICANT:

 

Based on the Short Environmental Assessment Form, prepared by the Town’s Director of the Office of Building, Zoning, Planning and Enforcement, and the Town Board’s familiarity with the parcels and the area in which they are situated, the Town Board has concluded that there will be no significant environmental impacts by the adoption of the zoning change specifically relating to:

 

  • Traffic;
  • Agricultural Land Resources
  • Historic and Archaeological Resources
  • Surface or Groundwater Quantity or Quality
  • Critical Environmental Areas
  • Energy
  • Public Health
  • Air Quality and Noise Levels

SEQRA – Continued

 

  • Human Health, or
  • Future Development of Adjacent and Nearby Lands

 

 

 

In summary, after having taken a hard look at the potential environmental impacts associated with the proposed action, the Town Board concludes that such action will not result in a significant adverse environmental impact.

 

RESOLUTION NO. 556                                          ADOPT LOCAL LAW NO. 13 OF 2018, CHAPTER 43, ARTICLE V AND ARTICLE XI / DEFINITION AND REGULATION OF TEMPORARY STORAGE CONTAINERS (PODS)

 

Councilman Troy offered the following resolution, which was seconded by Councilman Bottari and on a roll call was adopted:

 

RESOLVED, that the Town Board hereby adopts proposed Local Law No. 13 of 2018, amending Chapter 43, Article V entitled “Exceptions to Bulk Regulations” and Article XI entitled “Definitions” of the Town Code, to provide for the definition and regulation of temporary storage containers.

 

Ayes:      Councilpersons Troy, Bottari, Diviny

Supervisor Day

Noes:      Councilman Valentine

 

TOWN OF ORANGETOWN

LOCAL LAW NO. 13 OF 2018

AMENDING CHAPTER 43 OF THE TOWN CODE ARTICLE V AND ARTICLE XI

DEFINITION & REGULATION OF TEMPORARY STORAGE CONTAINERS (PODS)

 

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

 

As amended, Additions are underlined, Deletions are stricken.  The said section of the Code is amended as follows:

 

Section 1.

  1. ARTICLE V

 

Section 5.2 Exceptions to bulk regulations

5.229-A

  1. Temporary portable storage containers shall be permitted under the provisions of this section. Not more than one container shall be allowed per residential lot. Enclosed containers shall not exceed 128 square feet and eight feet in height.  The temporary storage container must be a minimum of 5 feet from any side or rear yard property line; in no instance shall the container be placed in a required front yard, unless in a permitted driveway, nor shall it be placed in a public right-of-way or easement.

 

  1. A permit is required from the Building Inspector for the placement of a temporary portable storage container after being in place for more than 30 days in any 180 day period. The permit shall authorize such container to remain for a period not to exceed 180 days thereafter.   Upon application made within 15 days of the expiration of the permit, the Building Inspector may grant a permit to extend the initial 180 day time period for an additional 180 days, provided the applicant has a valid and existing building permit for construction activities at the property, or applies for such a building permit simultaneously with the application for an extension. 

 

 

Local Law 13, 2018 – Continued

 

  1. No permit shall be issued for another temporary storage container for the same residential lot until two years from the issuance of a previously issued permit, except if the ownership of the lot changes.

 

  1. The permit must be displayed in a conspicuous place on the temporary portable storage container.

 

  1. Failure to obtain a permit and/or any container that is situated in violation of an issued permit or this section shall constitute a violation of the zoning code, subject to penalty as per §10.6 of the code. The fee for the permit for the temporary storage container shall be established as per Town Board resolution.

 

  1. ARTICLE XI

Section 11.2 Definitions:

TEMPORARY STORAGE CONTAINER

Any portable container, receptacle, or device of a type commonly used for the temporary storage of personal property and other matter. The term shall include, but not be limited to, portable on-demand storage units (PODS).

 

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. 557                                          SET PUBLIC HEARING / BLAUVELT FIRE PROTECTION FIRE DISTRICT 2019 CONTRACTS

 

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

 

RESOLVED, that pursuant to Town Law Sect. 184, the Town Board will hold a Public Hearing at the TBWS meeting on October 16, 2018, at 8:00 P.M., to consider a contract with the Blauvelt volunteer Fire District, for the 2019 Fire Protection Services in an throughout the Blauvelt volunteer Fire District, within Town.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 558                                          SET PUBLIC HEARING / LIBRARY DISTRICTS / LIBRARY SERVICES 2019 CONTRACTS

 

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

 

RESOLVED, pursuant to Town Law, Chapter 494, of the Laws of 2012. 184, the Town Board will hold a Public Hearing at the TBWS meeting on October 16, 2018, at 8:15 P.M., to consider 1-year contracts for the 2019 Orangetown Library Services for the following libraries, Blauvelt Free Library, Orangeburg Library, Palisades Free Library & Tappan Free Library.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 559                                          RECOGNIZE / SHARON OGDEN  TENANT REPRESENTATIVE ORANGETOWN HOUSING AUTHORITY

 

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

 

RESOLVED, that Sharon Ogden is recognized as a tenant representative of the Orangetown Housing Authority, based on report of elections results. She was elected for a 2-yr term on June 27, 2018 and expires on June 30, 2020.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 560                                          DESIGNATE / HIGHWAY DEPARTMENT / ADOPT-A- SPOT OFFICIAL MAINTENANCE & INSPECTION SUPERVISOR

 

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

 

RESOLVED, that the Town Board hereby officially designates the Orangetown Highway Department to supervise the continued maintenance and inspection of “spots” which have been selected throughout Town to be part of the Adopt-A-Spot Program.  Any additional expenses incurred for labor and equipment throughout the supervision of this Program will be set aside and deducted from the Town’s general fund.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 561                                          APPROVE APPLICATION / ADOPT-A-SPOT COMMITTEE / PAINT PEARL RIVER TRAIN STATION / LOWER HUDSON VALLEY PROPERTY MANAGEMENT, LLC

 

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

 

RESOLVED, upon acceptance of the applicant’s insurance documentation naming the Town as additional insured, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which has a place of business at 26 W. Orangeburg Road, Orangeburg, New York 10962, expressly authorizes and approves the Adopt-A-Spot Committee, a volunteer organization with Lower Hudson Valley Property Management LLC. as part of the Adopt-A-Spot Committee to contribute toward the maintenance of more attractive Town Property located at the Pearl River Train Station in Pearl River, NY by performing necessary clean-up and / or desired beautification activities, as particularly set forth in and pursuant to the terms and conditions of the Town of Orangetown Adopt-A-Spot Agreement between the Town of Orangetown and the Adopt-A-Spot Committee, dated September 4, 2018. The cost of supplies (to be less than $1,000) will be charged back to the Town of Orangetown.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 562                                          ACCEPT / RESIGNATION- RETIREMENT MICHAEL YANNAZZONE / HIGHWAY

 

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

 

RESOLVED, accept with regret the retirement / resignation of Michael Yannazzone, Highway Maintenance III, after 40 years of service, effective September 30, 2018, as part of the terms of the Retirement incentive offered by the Town of Orangetown.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 563                                          APPROVE / USE OF ROADSWAYS 2018 COLUMBIA PRESBYTERIAN UNIVERSITY /RIDE TO END CANCER

 

Councilman Valentine 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 Town of Orangetown to approve the use of roadways within the Town for the Columbia Presbyterian University Ride to end Cancer on Sunday, October 7, 2018, from 10:30 am to 1:00 pm. and to send letter of denial for future aid from the Town of Orangetown.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 564                                          AGREEMENT / EXTEND MUNICIPAL LUMP SUM/ SNOW & ICE/2018-2019

 

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

 

RESOLVED,  that upon recommendation of the Superintendent of Highways, the Supervisor is hereby authorized to sign the Extended Indexed Lump Sum Municipal Snow and Ice Agreement, between the Town of Orangetown and the New York State Department of Transportation.  The amount of the 2018-2019 Agreement is $229,019.82 and it is to be filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 565                                          SUPPLEMENT AGREEMENT EXTENSION / LOCHNER ENGINEERING / CONSTRUCTION INSPECTION SERVICES / ROUTE 340 SIDEWALK PROJECT

 

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

 

RESOLVED, the Town Board hereby authorizes James Dean, Superintendent of Highways, to sign an Agreement Extension with Lochner Engineering for Construction

 

 

RESOLUTION NO. 565 – Continued

 

Inspection Services on the Route 340 Sidewalk Project in the amount of $48,000.00 and the agreement is to be filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 566                                          AGREEMENT / MASER CONSULTING PA / REDESIGN OF NYS ROUTE 303 CULVERT MITIGATE SEDIMENT TRANSPORT & WATER QUALITY IMPAIRMENT TO THE SPARKILL CREEK

 

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

 

RESOLVED, the Town Board hereby approves the retention of Maser Consulting, PA for the Redesign of NYS Route 303 to Mitigate Sediment Transport & Water Quality Impairment to the Sparkill Creek, at a cost of $155,640.00, pursuant to a written proposal, dated August 9, 2018, incorporated herein by reference and to be filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 567                                          AID / 2018 FOOD TRUCK FESTIVAL NYACK RED & BLACK CLUB

 

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

 

RESOLVED, upon completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board  use of the Showmobile, at a rental cost of $400.00, by the Nyack Red & Black Club, for their Food Truck Festival, on Sunday, September 30, 2018,  with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 568                                          MEMORIAL BENCH DONATION  VETERANS MEMORIAL PARK MEMORY OF MARTY CERESNIK

 

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

 

RESOLVED, that the Town Board hereby accepts with gratitude the donation of a Memorial Bench to be place in Veterans Memorial Park in the area of the pond/walking path. The engraving will read; “In Loving Memory of Marty Ceresnik 6.28.78 – 4.25.17”.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

 

RESOLUTION NO. 569                                          AGREEMENT EXTENSION APPLIEDGOLF, LLC / BLUE HILL GOLF COURSE

 

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

 

WHEREAS, on or about June 1, 2015, the Town issued a Request for Proposals (“RFP”) from qualified proposers for the management and operation of the golf course operations at Blue Hill golf course, which RFP provided for an initial term of three years with an option to renew for an additional two years; and

 

WHEREAS, at that time the Town Board had reviewed the proposals, conducted interviews, and considered the experience, qualifications and reputation in the golf industry of each proposer and selected APPLIEDGOLF, LLC. to manage and operate the Blue Hill golf course; and

 

WHEREAS, on December 18, 2015, the Town and APPLIEDGOLF, LLC, entered a Management Agreement, whereby APPLIEDGOLF commenced managing Blue Hill golf course on January 1, 2016, and continuing through December 31, 2018; and

 

WHEREAS, during the term of the Management Agreement, APPLIEDGOLF has demonstrated it has the specialized skills, expertise and knowledge to maintain and operate Blue Hill golf course, including, but not limited to the Pro Shop, the golf staff and all aspects of golf course maintenance;

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby extends the Blue Hill Golf Club Management Agreement with APPLIEDGOLF, LLC, for an additional two years, and authorizes the Supervisor to execute an extension agreement as approved by the Town Attorney and extension agreement to be filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO.  570                                         AID / THE NOBLE NINTH INC. TRAUBENFEST

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Bottari 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 Noble Ninth Inc. for their Traubenfest on Sunday, October 7, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 571                                            APPOINT / CAITLYNN MORRISON ASSESSING CLERK I

 

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

 

RESOLVED, the Town hereby appoints Caitlynn Morrison to the position of Assessing Clerk I, (LFT), provisional, at a salary of $26.35 per hour, effective September 26, 2018.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 572                                          SET PUBLIC HEARING DATE   WATERCOURSE DIVERSION             27 SUNRISE LANE, PEARL RIVER

 

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

 

WHEREAS, pursuant to Town of Orangetown Town Code § 41-2, Lino J. Sciarretta, Esq., counsel for the property owner of 27 Sunrise Lane, Pearl River, New York, has filed an application with the Town Clerk for the Town Board to issue a watercourse diversion permit for property located at 27 Sunrise Lane, Pearl River, New York, Section 69.18, Block 3, Lot 43.2;

 

WHEREAS, said watercourse diversion is also proposed in an accompanying site plan application, currently pending review by the Town of Orangetown Planning Board;

 

WHEREAS, said watercourse diversion has and is being reviewed and coordinated with the Town of Orangetown Highway Department, the Department of Environmental Management and Engineering (DEME), and the Office of Building, Zoning, Planning, Administration and Enforcement (OBZPAE), all of which Departments will provide letters to the Town Board prior to the public hearing on this matter, outlining their respective positions on the application; and

 

NOW THEREFORE, BE IT RESOLVED, that the watercourse diversion application from Lino J. Sciarretta, Esq., counsel for the property owner of 27 Sunrise Lane, Pearl River, New York, for property located at 27 Sunrise Lane, Pearl River, New York, Section 69.18, Block 3, Lot 43.2, is hereby received and referred to the Town of Orangetown Highway Department, the Department of Environmental Management and Engineering (DEME), and the Office of Building, Zoning, Planning, Administration and Enforcement (OBZPAE), all of which Departments are directed to provide letters to the Town Board prior to the public hearing on this matter, outlining their respective positions on the said watercourse diversion application; and

 

BE IT FURTHER RESOLVED, that the Town Board will entertain the application after the Town Planning Board has granted a preliminary site plan approval to a plan for development of the site which includes the proposed water course diversion for which the permit is sought, and

 

BE IT FURTHER RESOLVED, October 23, 2018 at 8:15 p.m. is hereby set for a public hearing to consider a watercourse diversion for property located at 27 Sunrise Lane, Pearl River, New York, Section 69.18, Block 3, Lot 43.2.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 573                                          DESIGNATE / INSTALL MEMORIAL NEW YORK-NEW JERSEY BORDER   PLACE NEW STREET SIGNS “HAROLD M. DIEDERICH WAY”

 

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

 

WHEREAS, Private First Class Harold M. Diederich was awarded the Purple Heart, the Combat Action Ribbon, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Korean Presidential Unit Citation and the Republic of Korea War Service Medal; and

 

WHEREAS, Diederich, a resident of New York, was a member of the Battery H, 3rd Battalion, 11th Marines, 1st Marine Division, served in the Korean War; and

 

WHEREAS, Diederich lost his life proudly serving his Country in the Korean War on June 24, 1952;

 

RESOLUTION NO. 573 – Continued

 

RESOLVED, in honor of the deceased that Main Street in Tappan from Washington Street to the New York/New Jersey border is hereby designated as “Harold M. Diederich Way”, and the installing of memorial street signs, on the corner of Washington Street and Main Street and on Main Street and Brandt Street, is hereby authorized. The aforementioned designation will expire September 26, 2023.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 574                                          AGREEMENT / MASER CONSULTING P.A. / TRAFFIC SIGNAL DESIGN & CONSTRUCTION INSPECTION SERVICES / IMPROVE 10 TRAFFIC SIGNALS AT VARIOUS LOCATIONS

 

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

 

RESOLVED, the Town Board hereby approves the retention of Maser Consulting, P.A. for the Design and Construction Inspection Services for the Project to Improve Ten Traffic Signals at Various Locations throughout the Town, at a cost of $183,830.00, pursuant to a written proposal dated August 31, 2018, incorporated herein by reference and to be filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 575                                          AID/2018 SOUTH ORANGETOWN DAY

 

Under new business, Councilman Valentine offered the following resolution, which was seconded by Councilman Bottari 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 rental of two port -a-johns (1 regular, 1 ADA Compliant) and use of the Showmobile at a rental cost of $400.00 by the South Orangetown Day Committee for their South Orangetown Day on Saturday, October 13, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured; and

 

FURTHER RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes the Town of Orangetown Highway Department to lend assistance which includes the distribution of greenwaste bags & recycling bins to residents, & the use of cones, and trash barrels for the South Orangetown Day to be held on Saturday, October 13, 2018, from 11 am to 5 pm.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 576                                          AID / 2018 PEARL RIVER MIDDLE SCHOOL COLOR

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes the Town of Orangetown Highway Department to lend assistance

 

RESOLUTION NO. 576 – Continued

 

which includes the use of barricades & cones for the Pearl River Middle School Color Run to be held on Sunday, September 23, 2018, from 9 am – 2 pm, nunc pro tunc.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 577                                          AID / USE OF TOWN ROADS / 2018 NY CYCLE CLUB ESCAPE NEW YORK BIKE RIDE

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways and the Superintendent of Parks & Recreation, that the Town Board hereby authorizes the use of various Town roads in Orangetown & the use of the Joseph B. Clarke Rail Trail for the NY Cycle Club bike ride on Saturday, September 22, 2018, from 8 am – 3pm, nunc pro tunc.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 578                                          APPOINT / REAL PROPERTY APPRAISER ASSISTANT / HUGH J. DAVIES / PERMANENT

 

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

 

RESOLVED, that the Town Board hereby appoints Hugh J. Davies to the position of Real Property Appraiser Assistant, permanent, from Rockland County EL#18014 (PROM), effective September 26, 2018, no change in salary.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 579                                          AGREEMENT / 2018-2019 EAP CONTRACT / MONTEFIORE NYACK HOSPITAL

 

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

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign the annual contract with Montefiore Nyack Hospital for the EAP (Employee Assistance Program) beginning October 1, 2018 and ending September 30, 2018, at a cost of $11,352.00 and to filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

 

 

RESOLUTION NO. 580                                          AGREEMENT / BECKMANN APPRAISALS, INC.  APPRAISAL SERVICES / TOWN OWNED LAND HUNT ROAD, PEARL RIVER

 

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

 

RESOLVED, the Town Board hereby approves the retention of Beckmann Appraisals, Inc., to conduct a fair market value appraisal of certain Town owned lands located at 175 Hunt Road, Pearl River, NY, identified as Tax Map 73.15/1/17, at a cost of $5,000.00, pursuant to a written proposal dated September 17, 2018, incorporated herein by reference and to be filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 581                                          ACCEPT / RECEIVE / FILE DOCUMENTS / TOWN CLERK’S OFFICE

 

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

 

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

 

  1. Agreement with Brown & Weinraub (Lobbyists) 2018 – 2019
  2. Town Board Meeting Minutes: Special Town Board Meeting 8/7/18; Police Commission meeting 8/7/18; Workshop 8/7/17 and Regular Town Board Meeting 8/14/18.
  3. Agreement with All Bright Electric for Maintenance of Street Lights (August 1, 2018 thru and including July 31, 2028).
  4. Covenant, Hold Harmless and Indemnification Agreement, Noreen O’Hara, 77 Lark Street, Pearl River, NY (69.14-2-27).
  5. Town of Orangetown Debt Statement (9/1/18) to the Office of the State Comptroller.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 582                                          GRANT PERMISSION / TWO OFFICERS / ATTEND N.Y.S. SWAT OPERATOR COURSE

 

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

 

RESOLVED, that upon the recommendation of the Chief of Police, the Town Board hereby grant permission for two officers to attend the N.Y.S. SWAT OPERATOR COURSE, Orange County Fire Training Center, held October 1 – October 26, 2018, at no expense to the Town of Orangetown.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 583                                          DECLARE EQUIPMENT SURPLUS  HIGHWAY DEPT.

 

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

RESOLUTION NO. 583 – Continued

 

RESOLVED, upon recommendation of the Superintendent of Highways, declare the following equipment surplus:

 

Y

 

1985    Ingersoll-Rand Compressor                          145223-U85-179

2008 GMC 5500 dump/plow 1GDE5C3978F415193
 

2009

 

GMC

 

5500 dump/plow/spreader

 

1GDE5C3989F408366

 

2002

 

Petersen

 

TT2A dump trailer

 

1P9T0182511314193

 

1985

 

Rayco

 

RG-1637-A

 

163701185

 

1996

 

CASE

 

Clam bucket-JRB model 621B

 

0369-18812B

 

2008

 

Solaris

 

MSA Gas Detector

 

A597826

 

2010

 

Solaris

 

MSA Gas Detector

 

A520590

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 584                                          AID / 2018 BLOCK PARTY / GENTLE GIANT BREWING COMPANY

 

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

 

RESOLVED, upon the approval of the Town Board, the Special Use Permit will be signed by the Highway & Police Departments to lend assistance which includes the use of lighted barricades & (2) water barriers from the Highway Department & the use of (2) parking space from the Police Department for a block party in front of 7 North Main Street, Pearl River, on Saturday, September 29, 2018, from the hours of 11 am to 6 pm.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 585                                          AWARD BID / ONE (1) NEW LIGHT DUTY MASON DUMP TRUCK  SCHULTZ FORD

 

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

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for one new Light Duty Mason Dump Truck, which were received and publicly opened on September 13, 2018; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 09-G-18, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that this bid is hereby awarded to Schultz Ford, Nanuet, New York in the amount of $65,535.00, the only qualified bidder.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 586                                          AWARD BID / ONE (1) NEW LIGHT DUTY RACK BODY TRUCK  SCHULTZ FORD

 

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

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for one new Light Duty Rack Body Truck, which were received and publicly opened on September 13, 2018; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 09-H-18, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, award this bid to Schultz Ford, Nanuet, New York, in the amount of $57,890.00, the lowest qualified bidder.

 

Ayes:      Councilpersons Bottari, Diviny, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 587                                          AGREEMENT / AMEND / VERIZON WIRELESS/TELECOMMUNICATIONS TOWER EQUIPMENT / DEME BUILDING FACILITY

 

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

 

WHEREAS, the Town currently has a lease agreement with New York SMSA Limited Partnership d/b/a Verizon Wireless, dated August 1, 2016, for space on the Telecommunications Tower at 119 Route 303, Orangeburg New York; and

 

WHEREAS, Verizon Wireless seeks to perform antenna work and perform additional improvements and agrees to pay the Town an additional $100.00 per month for such additional installations;

 

BE IT RESOLVED, the amendment to the August 1, 2016, Lease Agreement, between the Town of Orangetown and New York SMSA Limited Partnership d/b/a Verizon Wireless is hereby approved and that the Supervisor is authorized to execute said amendment.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 588                                          RESCIND RESOLUTION NO. 540/2018 ACCEPTING RESIGNATION/WALTER WETTJE / ORANGETOWN HOUSING AUTHORITY

 

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

 

RESOLVED, that the Town Board hereby rescinds Resolution No. 540 which accepted the resignation of Walter Wettje as the as Treasurer / Member of the Orangetown Housing Authority, effective September 5, 2018 and his position on the Board is reinstated as of September 26, 2018.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

 

RESOLUTION NO. 589                                          RESCIND RESOLUTION NO. 542/2018 APPOINTING / SEAN WALSH  ORANGETOWN HOUSING AUTHORITY

 

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

 

RESOLVED, that the Town Board rescinds Resolution No. 542 which appointed Sean Walsh as a member of the Orangetown Housing Authority.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 590                                          AID / NANUET WEST NYACK ROTARY / 2018 FALL FESTIVAL

 

Under new business, Councilman Bottari offered the following resolution, which was seconded by Councilman Troy 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 Nanuet West Nyack Rotary Club for the 2018 Fall Festival event to be held on Saturday, September 29, 2018, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 591                                          AGREEMENT /HOLD HARMLESS & INDEMNIFICATION / JAMES & JENNIFER DOWNEY / 248 SOUTH MIDDLETOWN ROAD (73.05-1-77)

 

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

 

WHEREAS, James M. Downey and Jennifer M. Downey, the property owners of property located at 248 South Middletown Road, Pearl River, New York, have applied to the Town Building Department for permission to repair a retaining wall on their property and upon review, a portion of the retaining wall encroaches 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 retaining wall 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 248 South Middletown Road, Pearl River, New York, S/B/L 73.05-1-77, a revocable license, in the form of a License, Hold Harmless and Indemnification Agreement, which provides in sum and substance the retaining wall currently existing in the Town’s right-of-way may remain and the owners of the property, James M. Downey and Jennifer M. Downey, must defend, indemnify and hold harmless the Town for any damage related thereto and caused thereby, and that said retaining 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,

 

 

 

RESOLUTION NO. 591 – Continued

 

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 and to be filed in the Town Clerk’s Office.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 592                                          PEARL RIVER CHAMBER OF COMMERCE / PEARL RIVER DAY FESTIVAL / MEMBER BUSINESSES DISPENSE ALCOHOLIC BEVERAGES SUBJECT TO SLA LICENSING REQUIREMENTS

 

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

 

WHEREAS, the Pearl River Chamber of Commerce has formally requested on behalf of the member businesses it represents, permission, pursuant to Town Code Section 10-4(B)(1) to dispense alcoholic beverages on Town Property as part of their Pearl River Day Festival,

 

BE IT RESOLVED, that subject to the requirements of the New York State Liquor Authority regulations (SLA), including a securing a proper license therefrom,the Town of Orangetown Police Department, and to the execution of an agreement with the Town to provide proof of insurance and indemnification, the Town Board hereby grants permission to the businesses authorized under the Pearl River Chamber of Commerce’s permit to dispense alcoholic beverages upon Town property during the hours of 1 pm to 9 pm at the Pearl River Day Festival to be held on Saturday, October 6, 2018.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 593                                          RECLASSIFY SECRETARIAL ASSISTANT II TO ADMINISTRATIVE SECRETARY I / DEME & APPOINT ELLEN FORDHAM

 

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

 

RESOLVED, upon the recommendation of Rockland County Personnel, reclassify the position of Secretarial Assistant II in the D.E.M.E. / Sewer Department, Grade 10 to the position of Administrative Secretary I, Grade 12, effective September 7, 2018.

 

BE IT FURTHER RESOLVED, that Ellen Fordham is hereby appointed to the position of Administrative Secretary I, provisional, in the D.E.M.E. / Sewer Department, Grade 12, Step 8/13 at a salary of $ 79,092, effective September 7, 2018.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 594                                          AWARD BID / PURCHASE OF NEW TOWN VEHICLE / DEME / VAN BORTEL FORD INC.

 

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

 

RESOLVED, upon the recommendation of Commissioner of D.E.M.E., Eamon Reilly, that (1) one 2019 Ford Utility Police Interceptor 500A, in the amount of $ 29,951.40 be awarded to Van Bortel Ford Inc., East Rochester, NY, to be charged to Account G.8130.200 (Special Districts Sewage Treatment Plant. Capital Outlay)

 

This is Quote # 27936, from 22898 Mini Bid#18080170.

 

Ayes:      Councilpersons Bottari, Diviny, Troy, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 595                                          AID / SHOWMOBILE / PEARL RIVER SCHOOL DISTRICT / 2018 PEP  RALLY

 

Under new business, 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 Pearl River School District for their Pep Rally on Friday, September 28, 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. 596                                          AWARD BID / CONSTRUCTION OF THE GREENBUSH ROAD BICYCLE BYPASS-BLAUVELT/SCAFFIDI’S PAVING AND DRAINAGE

 

 

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

 

WHEREAS,  the Superintendent of Highways duly advertised for sealed bids for the Construction of the Greenbush Road  Bicycle Bypass in Blauvelt, which were received and publicly opened on August 9, 2018;  and

 

WHEREAS, Scaffidi Paving and Drainage, the sole bidder, revised their proposal on September 19, 2018; a copy of the Affidavit of Publication, Notice of Posting, Bid Sheet and Revised Proposal is labeled Exhibit 09-I-18, and made a part of these minutes.

 

NOW THEREFORE, BE IT RESOLVED, the bid is hereby awarded to Scaffidi Paving and Drainage, for the price of $158,048.00.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 597                                          EMERGENCY REPAIR / CATCH BASINS / CORTWOOD VILLAGE

 

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

 

RESOLVED, the Town Board authorizes the Highway Department to make repairs to the catch basins at Cortwood Village, contingent upon the Orangetown Housing Authority approval and reimbursement.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 598                                                      PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Finance Director, the Finance Office is hereby authorized to pay vouchers for four (4) warrants for a total amount of $2,546,073.20.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 599                                          ENTER EXECUTIVE SESSION  PERSONNEL MATTERS & SALE OF PROPERTY

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy, Diviny, Valentine and Bottari, Michael Lawler, Robert Magrino, Teresa Kenny, and Jeff Bencik.

 

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

 

RESOLVED, at 9:21 pm, the Town Board entered Executive Session to discuss personnel matters and sale of Town-Owned property.   Supervisor Day said there will be no further votes.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 600                                          RE-ENTERED RTBM/ADJOURNED

 

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

 

RESOLVED, at 9:55 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned, in memory of Dr. Walter J. Askenas, formerly of Askenas Chiropractic in Pearl River; Sara Morvay, Mother of Town  Employee Robin Goldsmith; John Quattrock, Jr., Father-in-law of Rosanna Sfraga, Town  Clerk  and Father of Nick Sfraga; Patricia Sheahan, Former Orangetown Police Department Crossing Guard; Elizabeth Toop,  Mother-in-law of Town  Attorney, Robert Magrino; and Catherine Nowicki, former Clarkstown Councilwoman.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

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