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TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
THURSDAY, APRIL 26, 2012
This Town Board Meeting was opened at 7:45 p.m. Supervisor Stewart presided and the Town Clerk called the Roll. Present were:
Councilman Denis Troy
Councilman Thomas Diviny
Councilman Thomas Morr
Councilman Paul Valentine
Also present: Charlotte Madigan, Town Clerk
Teresa Kenny, First Deputy Town Attorney
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Joseph Moran, Commissioner of DEME
Bert Von Wurmb, Building Department
Aric Gorton, Superintendent of Parks-Rec & Building Maint.
Charlotte Madigan led the Pledge of Allegiance to the Flag.
Announcements:
- National Police Week – May 13-19, 2012
- National Public Works Week -Town of Orangetown – May 20 – May 26, 2012
- Highway Open House, Saturday, May 19th, 10:00 am – 12:00 pm.
Summary of Public Comments:
Nancy Antonucci, Blauvelt, spoke about the Memorial Day Banner that they designed and arranged for viewing at the Palisades mall. She hopes, in honor of our Veterans, everyone will take the time to view this banner.
Rose Marie Raccioppi, Poet Laureate, read her poem “We are Orangetown”, a poetic tribute in recognition of Orangetown. This poem is on display in the museum.
Mike Mandel, Pearl River, said that the RFP for the concessions stands at the soccer fields should not include alcohol and the Town should receive revenue from the new vendor.
Giuseppe Colella, Orangeburg, is concerned that the fire department took 20 minutes to show up to a brush fire, this could prove to be fatal if this was a home.
Eileen Larkin, Palisades, would like a RPC site committee to review possible uses of this property for senior care.
Habib Hasan, Nyack, is shocked that the County can not find the money to keep the Narcotics Task Force going.
RESOLUTION NO. 170 CLOSE PUBLIC COMMENTS
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 171 OPEN PH/AMEND TOWN CODE/CHAPTER 43, ARTICLE XI, SECTION 11.2/FLOOR AREA
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
Resolution No. 171 – Continued
RESOLVED, that the 8:00 p.m. public hearing to amend the Town Code, Chapter 43, Article XI, Section 11.2, the definition of “Floor Area” as it relates to habitable space is hereby opened.
Ayes: Councilmen Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
The Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 04-A-12 and made a part of these minutes.
Bert Von Wurmb, Building Inspector, said this amendment, to change the definition of “Floor Area” (habitable space), is to match a condition of the New York State Building Code.
Public Comments (PH):
The public portion was opened and there were no public comments.
RESOLUTION NO. 172 CLOSE PUBLIC COMMENTS CHAPTER 43, ARTICLE XI, SECTION 11.2 – FLOOR AREA
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 173 DESIGNATION OF LEAD AGENCY/CHAPTER 43, ARTICLE XI, SECTION 11.2 – FLOOR AREA/LOCAL LAW NO. 2
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board hereby declares itself to be Lead Agency for environmental review with respect to Local Law No. 2, amending the Town Code definition of “Floor Area” in Article 43, Section 11.2.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 174 SEQRA DETERMINATION CHAPTER 43, ARTICLE XI, SECTION 11.2 – FLOOR AREA/LOCAL LAW NO. 2
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
Resolution No. 174 – Continued
RESOLVED, that the Town Board hereby determines that the adoption of Local Law No. 2, amending the Town Code definition of “Floor Area” in Article 43, Section 11.2, will not have a significant adverse environmental impact, and, therefore, issues a Negative Declaration (Exhibit 04-B-12), with respect thereto under the State Environmental Quality Review Act.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 175 ADOPT LOCAL LAW NO. 2, AMENDING ARTICLE 43, § 11.2 FLOOR AREA
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, the Town Zoning Code currently defines “Floor Area” in Article 43, Section 11.2 thereof, and
WHEREAS, the definition of “Floor Area” in the Town Zoning Code includes basement space; attic space, whether or not a floor has been laid, “over which there is structural headroom of seven and one-half (71/2) feet or more and floor space used for mechanical equipment “with structural headroom of seven and one-half (7 1/2) feet or more”; and
WHEREAS, Section R305 of the Residential Code of the State of New York permits “habitable space” to exist with a ceiling height of not less than seven (7) feet thus creating a conflict with the current Town Zoning Code, and
WHEREAS, changing the Town Code definition of “Floor Area” from (seven and one half (7 ½) feet to seven (7) feet would make the Town Code and the Residential Code of the State of New York compatible with each other thus making compliance and enforcement of these provisions consistent and understandable;
NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 2 of 2012, amending the Town Code definition of “Floor Area” in Article 43, Section 11.2 is hereby adopted.
Local Law No 2 of 2012, Amending Article 43, § 11.2 of the
Town Code, Relating to the Definition of “Floor Area”
FLOOR AREA — The sum of the gross horizontal areas of every floor of a building, measured from the exterior faces of exterior walls or from the center line of party or common walls separating two buildings, including: basement space; attic space, whether or not a floor has been laid, over which there is structural headroom of 7 1/2 feet or more; floor space used for mechanical equipment with structural headroom of seven and 1/2 feet or more; elevator shafts and stairwells at each floor; roofed porches, breezeways, interior balconies, mezzanines and penthouses; and any roofed-over space such as a garage or carport for off-street parking accessory to a single-family or two-family dwelling, not located in a cellar. Regardless of the internal arrangement of a building, it shall be deemed to have at least one floor or the first 25 feet of height or fraction thereof, and for floor height over 25 feet, the floor area shall be the result of the actual floor area multiplied by the quantity resulting from the division of the actual height of the story by 25:
height in feet
Actual floor area x ————– = floor area
25
However, ” floor area” does not include: cellar space, except that cellar space for a retail sales use shall be included for the purpose of calculating Article VI requirements of such use for accessory off-street parking spaces and accessory off-street loading berths; elevator and stair bulkheads, accessory water tanks and cooling towers; terraces, unroofed open porches and steps; enclosed off-street parking spaces and loading berths, accessory to any use other than a single-family or two-family dwelling.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 176 COMBINE AGENDA ITEMS
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that agenda items one (1) thru five (5) are hereby combined.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 177 APPROVE SHOWMOBILE PLUS POLISH FESTIVAL
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the request of the PLUS Polish Festival, for the use of the Showmobile, for their event on Sunday, May 27, 2012, at a rental fee of $350.00, with the user supplying the Town of Orangetown with a certificate of insurance listing such as additionally insured is hereby approved.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 178 APPROVE SHOWMOBILE MARCH OF DIMES
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the request of the March of Dimes, for the use of the Showmobile for their event on Sunday, May 6, 2012 at a rental fee of $350.00 with the user supplying the Town of Orangetown with a certificate of insurance listing such as additionally insured is hereby approved.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 179 APPROVE SHOWMOBILE NYACK CHAMBER OF COMMERCE
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the request of the Nyack Chamber of Commerce, for the use of the Showmobile for their event on Sunday, April 15, 2012 at a rental fee of $350.00 with
Resolution No. 179 – Continued
the user supplying the Town of Orangetown with a certificate of insurance listing such as additionally insured is hereby approved.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 180 APPROVE AID/STS. CONSTANTINE AND HELEN CHURCH
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the request of Sts. Constantine and Helen Church, by providing the following for their Greek Festival, which will be held June 7 – June 10, 2012, 25 cones, 30 barricades, 40 trash cans, 30 recycling kiosks, and directional signs is hereby approved.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 181 APPROVE AID/PEARL RIVER PARK & ACTIVITY COMMITTEE, INC.
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the request of the Pearl River Park & Activity Committee, Inc., by providing the following for the 4th of July Fireworks Display and Celebration on Wednesday, July 4, 2012 (rain date Thursday, July 5, 2012): Police detail, three yards of sand, trash receptacles and field clean up, large dumpster, barricades, six portable toilets (two handicapped accessible) is hereby approved.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 182 REAPPOINT/APPOINT/BLUE HILL GOLF COURSE ADVISORY COMMITTEE
Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the following member are hereby reappointed to the Blue Hill Golf Course Advisory Committee for 2012:
Bill Baldes Dennis Leote Evelyn Beckerle
Joseph Green Christopher Brauer Julia Regan
John Hickey Dan Salmon Lawrence Costello
Michael Hogan Lisa Grosbeck John Clifford
Ann Marie Pettus Nicola Frustaci
Resolution No. 182 – Continued
And Tom Swift is hereby appointed to the Blue Hill Golf Course Advisory Committee for 2012.
Ayes: Councilmen Valentine, Diviny, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 183 REAPPOINT/BUREAU OF FIRE PREVENTION
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Bureau of Fire Prevention for 2012:
Mike Bettmann Christopher Flatley Robert Morrison
John Ahlf, Jr. Doug Sampath Paul Raso
Thomas Lorentz
Ayes: Councilmen Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 184 REAPPOINT/COMMUNITY DEVELOPMENT BLOCK (CDBG) COMMITTEE
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Community Development Block Grant Committee (CDBG) for 2012:
Sister Jude DePalma Sister Peggy Scarano Charlotte Madigan
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 185 REAPPOINT/APPOINT ORANGETOWN ENVIRONMENTAL COMMITTEE
Councilman Morr offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Orangetown Environmental Committee for 2012:
Peggy Kurtz Martyn Ryan
Watson Morgan Charlotte Madigan
Alexis Starke Fran Oldenburger
And Eve Millard, June Starke, Don Steinmetz, Larry Soehnel, and Anne Putko are hereby appointed to the Orangetown Environmental Committee for 2012.
Ayes: Councilmen Morr, Valentine, Troy, Diviny
Supervisor Stewart
Noes: None
RESOLUTION NO. 186 REAPPOINT/APPOINT ORANGETOWN PARKS DEVELOPMENT ADVISORY COMMITTEE
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the following members are hereby appointed to the Orangetown Parks Development Advisory Committee (OPDAC) for 2012:
Anne Byrne Micki Leader James Castagna
Mary McCloskey Watson Morgan Brian Terry
Kimball Parker
And Steve Sweeney is hereby appointed to the Orangetown Parks Development Advisory Committee.
Ayes: Councilmen Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 187 REAPPOINT/APPOINT SHADE TREE COMMISSION
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Shade Tree Commission for 2012:
Rebecca Gmucs Stephen Schiller Joy Macy Mary Vail Mary Root
and Laurie Peek is hereby appointed to the Shade Tree Commission for 2012.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 188 REAPPOINT/APPOINT SENIOR CITIZEN ADVISORY COMMITTEE
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Senior Citizen Advisory Committee for 2012:
Kay Ferrara Martha Mian Mary Martini
Shirley Mc Gowan Veronica Blaine
Josephine Urban, Senior Leader Rosemarie Fornario, Clerk
And Judy Peakes is hereby appointed to the Senior Citizen Advisory Committee for 2012.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 189 REAPPOINT/APPOINT SUBSTANCE ABUSE COMMITTEE
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Substance Abuse Committee for 2012:
Ed O’Dea Ann Marie Hahr Patrick Sweeney
Jennifer Amos Bill Lee Debbie Whalen
William Carroll Sue Maher Denise Zumpano
Gail McMorrow Joanne Goodman Devona Paul
Lt. Don Butterworth Vicki Shaw Caroline Russo
Bill Furdon Sheila Silverman Christopher Stuhlweissenburg
And Scott Salmon, Christine DiDomenico, Maureen Heller, Caitlin Kenny, Chief Kevin Nulty, and Det. Joe Sullivan are hereby appointed to the Substance Abuse Committee.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 190 REAPPOINT/APPOINT TRAFFIC ADVISORY BOARD
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Traffic Advisory Board for 2012:
Guy DeVincenzo Robert Simon Thomas Edattel Sgt. James Sullivan Edith Loeb Margaret Warren
Paul Raso Mike Yannazzone Robert Schelin Rosemarie Fornario, Clerk
and Robert Morrison is hereby appointed to the Traffic Advisory Board for 2012.
Ayes: Councilmen Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 191 REAPPOINT/APPOINT/YOUTH RECREATION ASSESSMENT ADVISORY COMMITTEE
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Youth Recreation Assessment Advisory Committee for 2012:
Mark Alexander Kevin Powers Bill Lee
Bob Iorio Anne Marie Uhl Cornelius Lynady Stephen Unger Bob De Rosa Conrad Fitzpatrick
And Kerry Beckmann, John Farley, Jim Walsh, Tom Morales, Chris O’Brien, Frank Payne, and Alex Tencic are hereby appointed to the Youth Recreation Assessment Advisory Committee for 2012.
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
RESOLUTION NO. 192 REAPPOINT/PROJECT REVIEW COMMITTEE
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Project Review Committee for 2012:
John Giardiello, OBZPAE Jim Dean, Highway
Bruce Peters, DEME Guy DeVincenzo, DEME
Michael Bettmann, Bur. Of Fire Prev.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 193 APPOINT/BROADACRES GOLF TASKFORCE
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the following members are hereby appointed to the Broadacres Taskforce:
Sean Walsh Hugh O’Brien
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 194 APPOINT/MICHAEL TERSIGNI ROCKLAND RIVERFRONT COMMUNTITIES COUNCIL
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that Michael Tersigni is hereby appointed to the Rockland Riverfront Communities Council as the Orangetown representative.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 195 APPOINT/BOARD OF ASSESSMENT REVIEW DEBORAH STUHLWEISSENBURG
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that Deborah Stuhlweissenburg is hereby appointed to the Board of Assessment Review for a 5-year term, expiring on 12/31/2016.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 196 REAPPOINT/HISTORIC AREAS BOARD OF REVIEW (HABOR) THOMAS QUINN
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that Thomas Quinn is hereby reappointed to the Historic Areas Board of Review for a 5-year term, expiring on 12/31/2016.
Ayes: Councilmen Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 197 AUTHORIZE SUPERVISOR HOLD HARMLESS AGREEMENT/CRESTRON ELECTRONICS
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, 38 Ramland Road, LLC is the owner of a certain property located at 88 Ramland Road, Orangeburg, NY, which property has Site Plan Approval from the Town Planning Board for construction of a light industrial/office building at that location pursuant to PB #2009-10, PB#2009-11 and PB#2010-32 , for a project known as “Crestron Electronics” and
WHEREAS, as part of the Site Plan Approval, 38 Ramland Road, LLC agreed to extend Ramland Road South to provide for a turn-a-round to be dedicated to the Town which will enable the Town to accept Ramland Road South as a dedicated public road upon completion of the road to the Town’s satisfaction, and
WHEREAS, 38 Ramland Road, LLC has requested permission to place a site identification sign for “Crestron Electronics” in an area which would be located within the Town right of way upon completion of the project and acceptance of the road for dedication to the Town, which area has been approved by the Superintendent of Highways subject to the owner agreeing to hold the Town harmless by way of a Covenant, Hold Harmless, and Indemnification Agreement, and
WHEREAS, 38 Ramland Road, LLC has provided the Town with a proposed Covenant, Hold Harmless, and Indemnification Agreement dated February 2, 2012, which has been reviewed and approved by the Town Attorney’s Office and the Superintendent of Highways, which proposes the Town grant to 38 Ramland Road, LLC a revocable license for the placing of a site identification sign within a Town right of way as described therein, subject to the terms and conditions of the Covenant, including but not limited to the right of the Town to order the sign to be removed at the owner’s expense, and the owner agreeing to defend, indemnify and hold harmless the Town from any claims or causes of action related thereto,
NOW THEREFORE, be it hereby RESOLVED, that the Town hereby grants to 38 Ramland Road, LLC a revocable license, in the form of a Covenant, Hold Harmless and Indemnification Agreement, dated February 2, 2012, which provides in sum and substance that 38 Ramland Road, LLC may place a site identification sign within a Town right of way as described therein, and that 38 Ramland Road, LLC must defend, indemnify and hold harmless the Town for any damage related thereto, and that said sign 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. 197 – Continued
BE IT FURTHER RESOLVED, that the Supervisor or his designee is hereby authorized to execute the Covenant, 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 38 Ramland Road, LLC. Upon filing with the Rockland County Clerk’s Office, the original be filed and maintained in the Town Clerk’s Office.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 198 AUTHORIZE SUPERVISOR NOBLE NINTH, INC. AGREEMENT
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, the Town Supervisor is authorized to sign The Letter of Extension Agreement with the Noble Ninth, Inc., dated March 27, 2012, for use of the Noble Ninth’s picnic grounds for the Town of Orangetown’s 2012 Summer Day Camp Program from July 2, 2012 through August 10, 2012 under the same terms and conditions as set forth in a certain agreement entered into between the Town of Orangetown and the German Masonic Home Corporation dated May 18, 1991 is received and filed in the Town Clerk’s Office.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 199 APPROVE REQUEST/ROCKLAND COUNTY MUTUAL AID PLAN/BLAUVELT VOLUNTEER FIRE COMPANY
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, the Town Board of the Town of Orangetown, encourages the participation of the Blauvelt Volunteer Fire Company, Inc. in the Rockland County Fire Mutual Aid Plan as now in force, and as amended from time to time; and certifies to the Legislature of Rockland County through the Rockland County Fire Coordinator that no restriction exists against “outside service” by the Blauvelt Volunteer Fire Company, Inc. within the meaning of Section 209 of the General Municipal Law which would affect the power of the fire company to participate in such plan; and be it further
RESOLVED THAT a certified copy of this resolution shall be filed with the Rockland County Fire Coordinator, Office of Fire and Emergency Services, Rockland County Fire Training Center at 35 Firemen’s Memorial Drive, Pomona, New York 10970.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 200 CERTIFICATE OF REGISTRATION 2012 SEWER WORK
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration for 2012 Sewer Work is approved to the following:
- Cal Mart Enterprises, Inc., 4 Burt Road, Congers NY 10920
- Rooter Plumbing Hudson Valley, Inc., d/b/a Rooter Plumbing, PO Box 1740,
Pleasant Valley, NY 12569
- W. Harris & Son, Inc., 37 West Washington Avenue, Pearl River, NY 10965
- Rino Paving & Construction, Inc., 20 Viola Road, Suffern, NY
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 201 APPROVE INCREASE HEARING OFFICER EMPLOYEE #2599
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, the Town Board hereby approves an additional $5,000 for services rendered by Hearing Officer Joseph Wooley in the matter of the continuing Disciplinary Hearing of Employee #2599.
Ayes: Councilmen Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 202 AUTHORIZE SUPERVISOR NARCOTICS TASK FORCE
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, the Supervisor is authorized to sign a contract with the County of Rockland, providing for payment to the Town by the County in the sum of ONE HUNDRED SIXTY NINE THOUSAND SIX HUNDRED SEVENTY-FOUR DOLLARS ($169,674.00), as partial reimbursement for the costs associated with the assignment of one Orangetown police officer to the Rockland County Narcotics Task Force for the period January 1, 2012 through December 31, 2012; and
BE IT FURTHER RESOLVED, that the Finance Director is directed to immediately invoice the County of Rockland for first quarter of the Town’s 2012 participation in the Narcotics Task Force.
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 203 ACCEPT/$4,500.00/BLAUVELT LIONS CLUB/TREES/BLUE HILL GOLF
Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Park & Recreation, accept check in the amount of $4500.00 from the Blauvelt Lions Club, to be
used to plant trees at Blue Hill Golf Course and put into Acct. # E.7250.460. There will be 21 trees planted at Blue Hill Golf Course due to this donation. This is part of an initiative by Lions Club International to plant 3 million trees annually.
Ayes: Councilmen Valentine, Morr, Troy, Diviny
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 204 PERMISSION GRANTED/NYS ASSOCIATON OF TAX RECEIVERS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that permission is granted to Robert Simon, Receiver of Taxes to attend the New York State Association of Tax Receivers & Collectors Annual Training Seminar, which will be held June 17-June 20, 2012 at the Albany Marriot at a cost of $939.42.
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 205 PERMISSION GRANTED ANNUAL HIGHWAY SCHOOL
Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that permission is hereby granted for James Dean, Stephen Munno, Mike Yannazzone, and Anthony Limandri to attend the Association of Town Annual Highway School, Ithaca, NY, June 11-13, 2012 at a cost of $ 1,440.00 to be charged to Acct. No. 0441, and $100.00 to be charged to Acct. No. 0480, for a total of $1,540.00.
Ayes: Councilmen Morr, Diviny, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 206 APPROVE AID/ORANGEBURG FIRE DEPARTMENT
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that aid to the Orangeburg Fire Department for their annual Carnival, which will be held June 13-17, 2012 at the Dominican College parking lot, by providing 25 garbage cans (large barrels), 20 barricades for traffic & pedestrian control, and one dumpster is hereby approved.
Ayes: Councilmen Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 207 AWARD BID/CAST IRON CURB INLETS/CAMPBELL FOUNDRY
Councilman Morr 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 Cast Iron Curb Inlets, which were received and publicly opened on April 3, 2012. (A copy of the publication and bid summary are labeled Exhibit 04-C-12 and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that upon the recommendation of the Superintendent of Highway, the bid for the bid for Cast Iron Curb Inlets is hereby awarded to Campbell Foundry Co., Harrison, New Jersey, the lowest qualified bidder.
Ayes: Councilmen Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 208 APPOINT/DEME MAINTENANCE SUPERVISOR (AUTOMOTIVE) FRANK PENENO
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that Frank Peneno is hereby appointed to the position of Maintenance Supervisor (Automotive) in the Department of Environmental Management and Engineering, provisional, grade 17, step 6/7, annual salary $83,387.00, effective March 12, 2012.
Ayes: Councilmen Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 209 AUTHORIZE SOLE SOURCE PROCUREMENT/DEME/SEWER TV TRUCK/J&J EQUIPMENT
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that a sole-source procurement with J&J Equipment for DEME/Sewer TV truck equipment for $57,074.00 is hereby authorized.
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 210 APPROVE/POLICE TRAINING REQUEST/FBI SWAT SCHOOL
Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the request of the Orangetown Police Department for mandatory training for PO Baisley, member of Rockland County REACT Team, to attend FBI Swat School, April 23 – May 4, 2012, in Fort Dix, New Jersey at a cost of $1315.32,
Resolution No. 210 – Continued
to be charged to Acct. No. B.3120.441.16 and $16.50 to be charged to Acct. No. B.3120.480.16, for a total cost of $1,331.82.
Ayes: Councilmen Morr, Diviny, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 211 ACCEPT RESIGNATION RETIREMENT/SGT. HENRY REYNOLDS
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the resignation/retirement of Sergeant Henry Reynolds from the Orangetown Police Department, effective March 31, 2012, is hereby accepted with regret.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 212 ACCEPT RESIGNATION RETIREMENT/P O CLIFTON BULLOCK
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the resignation/retirement of Police Officer Clifton Bullock from the Orangetown Police Department effective April 30, 2012, is hereby accepted with regret.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 213 ACCEPT RESIGNATION RETIREMENT/P O SUSAN LANOCE
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the resignation/retirement of Police Officer Susan Lanoce from the Orangetown Police Department, effective April 19, 2012, is hereby accepted with regret.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 214 APPROVE BUDGET TRANSFER MUSEUM
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that 2012 budget transfer within the Museum budget for the purpose of hiring a student part time for six months is hereby approved.
Resolution No. 214 – Continued
Account Approved Budget Change Adjusted Budget
A.7520.457 Contracts with Outside vendors $21,520 – $4,800 $16,720
A.7520.013 Seasonal and Part time Staff 8,000 $4,800 $12,800
Ayes: Councilmen Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 215 RECEIVE/FILE DOCUMENTS TOWN CLERK’S OFFICE
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the following documents are received and filed in the Town Clerk’s Office:
- Federal Communications Commission, Radio Station Authorization, for the Orangetown Police Dept., March 30, 2012 – March 30, 2022.
- March 7, 2012 Police Commission and Regular Town Board Meeting minutes; March 15, 2012 Regular Town Board Meeting minutes; and March 29, 2012 Regular Town Board Meeting and Executive Session minutes.
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 216 APPOINT LIAISONS/LAND USE BOARDS/COMMITTEES
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following Town Board liaisons are hereby appointed to the following land use boards and committees:
ACABOR Troy
Blue Hill Golf Course Advisory Committee Valentine
Board of Assessment Review Diviny
Board of Ethics Ryff
Bureau of Fire Prevention Diviny & Morr
Environmental Committee Stewart
HABOR Morr
Orangetown Housing Authority Troy
Orangetown Emergency Management Comm. Diviny
OPDAC Stewart
Planning Board Morr
Project Review Committee Valentine
Shade Tree Commission Stewart
Senior Citizen Advisory Committee Troy
Substance Abuse Committee Troy
Traffic Advisory Board Valentine
Volunteer Health Advisory Committee Morr
Youth Recreation Assessment Advisory Comm. Diviny
Zoning Board of Appeals Diviny
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
RESOLUTION NO. 217 AUTHORIZE/GOLF COMMITTEE PARKS AND RECREATION ADVERTISING
Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board authorizes the Golf Committee and Parks and Recreation to spend up to $26,000 for advertising via the internet and television, contingent upon the approval of the contracts by the Town Attorney’s Office.
Aye: Councilmen Valentine, Morr, Troy, Diviny
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 218 AMEND TOWN BOARD MEETING CALENDAR
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the May 10, 2012 Workshop is rescheduled to May 8, 2012 and the May 17, 2012 Regular Town Board Meeting is rescheduled to May 15, 2012.
Aye: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 219 MEMORIALIZING RESOLUTION PUBLIC HEALTH LAW CONTROLLED SUBSTANCE REPORTING SYSTEM
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
BE IT RESOLVED, that the Town Board hereby supports the passage of Assembly Bill No. A08320, an Act to amend the Public Health law in relation to creating an on-line real time controlled substance reporting system to monitor the prescribing and dispensing of certain controlled substances and known as the “Internet System for Tracking Over-Prescribing (I-STOP) Act.”
Aye: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 220 POLICE/SEIZURE MONIES MESSAGE BOARD TRAILER
Under new business, Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that upon the Director of Finance, the use of $17,717, in seizure monies by the Police Department, is herby approved, to purchase a message board trailer and equipment.
Aye: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 221 APPROVE/CONTRACT INCREASE LAMB AND BARNOSKY/PBA AND CSEA LABOR NEGOTIATIONS
Under new business, Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the Director of Finance, an increase in the contract amount for Lamb and Barnosky for PBA and CSEA labor negotiations from the current $35,000 to $70,000, to be charged to account number A.1420.457 is hereby approved.
Aye: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 222 ENTERED AUDIT
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 9:05 p.m.
Aye: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 223 PAY VOUCHERS
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for the General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds in the amount of $1,826,623.01.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 224 ADJOURNMENT/MEMORY
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board adjourned, in memory of Jacqueline (Jackie) Baron , Pearl River; and John McGuinness, Nanuet, at 9:12 p.m.
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
____________________________________
Charlotte Madigan, Town Clerk
PC
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TOWN OF ORANGETOWN
POLICE COMMISSION MEETING
THURSDAY, APRIL 26, 2012
This Police Commission Meeting was opened at 6:00 p.m. Supervisor Stewart presided and the Town Clerk called the Roll.
Present were: Councilman Denis Troy
Councilman Thomas Diviny
Councilman Thomas Morr
Councilman Paul Valentine
Also present:
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Charlotte Madigan, Town Clerk
Teresa Kenny, First Deputy Town Attorney
Kevin Nulty, Police Chief
Robert Zimmerman, Police Captain
Charlotte Madigan led the Pledge of Allegiance to the Flag.
RESOLUTION NO. 167 ENTERED POLICE COMMISSION
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board, acting as Police Commission, entered this meeting to discuss updates regarding Police matters, at 6:00 p.m.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 168 ENTERED EXECUTIVE SESSION
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session to discuss Police contracts, at 6:45 p.m.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
***
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RESOLUTION NO. 169 ENTERED RTBM
Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board entered the Regular Town Board Meeting at 7:45 p.m.
Ayes: Councilmen Valentine, Diviny, Troy, Morr
Supervisor Stewart
Noes: None
____________________________________
Charlotte Madigan, Town Clerk