TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, APRIL 27, 2009
This Town Board Meeting was opened at 7:37 p.m. Supervisor Kleiner presided and the
Town Clerk called the Roll. Present were:
Councilman Denis Troy
Councilwoman Marie Manning
Councilwoman Nancy Low-Hogan
Councilman Michael Maturo
Also present: Charlotte Madigan, Town Clerk
Teresa M. Kenny, First Deputy Town Attorney
Suzanne Barclay, Executive Assistant to the Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Mike Yannazzone, General Foreman
Stephen Munno, Administrative Assistant
Ron Delo, Director of the Dept. of Envtl Management & Engineering
Lt. Anthony Mercurio, Police Department
Robert Simon, Receiver of Taxes
John Giardiello, Director of OBZPAE
Aric T. Gorton, Superintendent Parks-Rec. & Building Maint.
Charlotte Madigan, Town Clerk, led the Pledge of Allegiance to the Flag.
Announcements:
Charlotte Madigan, Town Clerk, will host a Passport Day, May 7th, 4 p.m. – 6 p.m.
The Town Clerk’s “Nurturing Mother Nature” grades 1-4 artwork is on displayed in Town Hall.
Public Hearings for RPC Draft Generic Environmental Impact Statement will be held May 7 at
12:00 p.m., and May 18 at 7:30 p.m.
James Dean, Superintendent of Highways, explained and presented the following awards:
Certificate of Appreciation (1000 bags of litter collected): John LaPlaca
Adopt-A-Road 10 Year Anniversary: Dr. Eva Turner & St. Dominic’s Home (Angie McSweeney)
Highway Perfect Attendance Award: Michael Yannazzone & Mike Dillon
Junior Volunteer Award: Michael Catania
Road Master I: Michael Catania & Mike Dillon
The Summer Youth Employment Program
Dottie Dean and Brant Goldsmith, Principal of Summit School, brought the following students to
receive an award because of their hard volunteer work in making the quality of life in
Orangetown better over the past year. Students:
Jack Adams James Balleta Patrick Chmela Tyler Clark
Alex Diaz Will Dutton Rosanna Garcia Jonathan Georgens
Kyle Gordon John Ivolin Moshe Kimmel Gabriel Lang
Ernel Lewis Michael Piorkowski Yvonne Reiter James Rivera
Yoelmeir Schoenberg Andrei Schwartzman Dvora Tal
Work Supervisors – Shulton Whitley, Kyle Hassell, and Sy Samuals
Summary of Public Comments:
Esta Baitler, Sparkill, said the need for sidewalks along Route 340 is essential.
Michael Mandel, Pearl River, asked what guarantee does the Town have if Siemens goes out of
business and why was 2007-2008 baseline rates used. He asked the Town Board to reject the
Siemens contract. Tracey Hancock, Pearl River, said RUSH believes the proposed Hillside plan will increase
flooding, cause drainage problems and affect the quality of life.
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Alan D. Cameron, Pearl River, asked since the provisions of Chapter 24C (Property Maintenance)
can not be enforced in its present form, what department will be charged with the responsibility of
correcting these deficiencies.
Andrew Wiley, Pearl River, asked who authorized the Building Dept. or Building Inspector to
defer payment of STEJ’s full building permit fee. The building permit was filed and only $10,000
of an $81,000 fee was paid. He said it’s very apparent that you are attempting to circumvent the
original sewerage bond which specifically states a maximum cost of $47 million and change. Eileen Larkin, Palisades, does not feel the incoming Town Board should be burdened with the long
term 15-year Siemens contract. This contract is so pro Siemens. She calls upon this board to
seriously consider asking Mr. Delo to step down from this position.
Henry Rand, Nyack, asked if a report was given to the Town Board regarding the half million
gallons of sewerage that leak in Nyack and if so he would like a copy of it. He recommended the
board to read “The Great Influenza” by John Barry.
RESOLUTION NO. 272 CLOSE PUBLIC PORTION
Councilwoman Low-Hogan offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public comment portion is hereby closed.
Ayes: Councilpersons Low-Hogan, Manning, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 273 AID/ROCKLAND CTY POLICE
EMERALD SOCIETY/5K RUN-WALK
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of the Rockland County Police Emerald Society for six
portable toilets for their annual 5k Run-Walk to Benefit the Hudak Family Scholarship Fund on
Sunday May 3, 2009 at 9:00 a.m. is hereby approved.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 274 AUTHORIZE PERFORMANCE
CONTRACT/SIEMENS BUILDING
TECHNOLOGIES
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Manning and on a roll call was adopted:
A RESOLUTION AUTHORIZING THE TOWN OF ORANGETOWN, ROCKLAND
COUNTY, NEW YORK, TO ENTER INTO A PERFORMANCE CONTRACTING
AGREEMENT WITH SIEMENS BUILDING TECHNOLOGIES, INC. AND AN ENERGY
PERFORMANCE CONTRACT LEASE PURCHASE AGREEMENT IN CONNECTION
THEREWITH AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO.
WHEREAS, the Town of Orangetown, Rockland County, New York (the “Town”) is
interested in undertaking an energy performance project (the “Project”) pursuant to an agreement
with Siemens Building Technologies, Inc. (“Siemens”) dated as of April 6, 2009 (the
“Agreement”); and
WHEREAS, in order to undertake the Project and finance the improvements
contemplated in connection with the Project it is necessary to enter into the Agreement with
Siemens and a lease purchase agreement and the execution of related documents;
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Resolution No. 274 – Continued
NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN BOARD OF TOWN OF
ORANGETOWN, ROCKLAND COUNTY, NEW YORK as follows:
Section 1. The Agreement, in substantially the form presented to this Town Board, is hereby
approved and the Supervisor is authorized to execute the Agreement subject to any modifications
thereto approved by the Town Attorney.
Section 2. For the purpose of financing the Project, including costs of issuance in connection
therewith (or such portion thereof as the Supervisor shall determine to be in the best financial
interests of the Town) the execution and delivery of a lease/purchase agreement, in an amount
not to exceed $2,475,000 and a rate not to exceed 5.0% is hereby authorized.
Section 3. All other officers, employees and agents of the Town are hereby and directed for
and on behalf of the Town to execute and deliver all certificates and other documents, perform
all acts and do all things required or contemplated to be executed, performed or done by this
resolution or any document or agreement approved hereby.
Section 4. All other matters pertaining to the terms and delivery of the Lease shall be
determined by the Supervisor and all powers in connection therewith are hereby delegated to the
Supervisor.
Section 5. This resolution takes effect immediately.
Ayes: Councilpersons Maturo, Manning, Low-Hogan, Supervisor Kleiner
Noes: Councilperson Troy
* * *
RESOLUTION NO. 275 COMBINE ITEMS
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that agenda items three (3) threw nine (9) are hereby combined. Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 276 DEME/CHANGE ORDER NO. 5
WWTP-06-1P/HAUSER BROTHERS
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that Change Order No. 5 to Contract No.WWTP-06-1P, Hauser Brothers,
in the amount of $43,307.78 for separating sludge lines from the secondary clarifiers in the valve
pit and up to the sludge pumps in the pump recirculation building is hereby approved.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 277 DEME/CHANGE ORDER NO. 8
WWTP-06-1E/ALL BRIGHT ELECTRIC
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
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Resolution No. 277 – Continued
RESOLVED, that Change Order No. 8 to Contract No.WWTP-06-1E, All Bright
Electric, Inc., in the amount of $57,400.12 for relocating the overhead primary electrical service
to the wastewater treatment plant between the entrance gate and the primary transformer is
hereby approved.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 278 HWY/PERMISSION GRANTED
2009 HIGHWAY SCHOOL
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that permission is hereby granted to James Dean, Stephen Munno, Michael
Yannazzone and Michael Catania to attend the 2009 Highway School in Ithaca, NY, from June
1-3, at a cost of $1,575 to be charged to Acct. A510/0441/0480. Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 279 THE HOLLOWS AT BLUE
SANITARY SEWER EASEMENTS
ACCEPTED/RECEIVED/FILED
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that upon recommendation of the Town Attorney’s Office, the Department
of Environmental Management and Engineering and the Superintendent of Highways, 1) a
sanitary sewer easement (3,936 sq. ft.) and 2) a sanitary sewer easement are accepted, received
and filed for The Hollows at Blue Hill, Veterans Memorial Drive, Pearl River (73.05-1-53.2) and
the Supervisor is authorized to execute all documents necessary to effectuate the acceptance of
these easements. Upon recording in the Rockland County Clerk’s Office, the originals are to be
filed and maintained in the Town Clerk’s Office.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 280 50 RAMLAND RD/DECLARATION OF
COVENANT/ANNUAL INSPECTION
AND MAINTENANCE OF STORM
WATER CONTROL/ACCEPTED
RECEIVED/FILED
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that upon recommendation of the Town Attorney’s Office, the Department
of Environmental Management and Engineering and the Superintendent of Highways, the
Declaration of Covenant for the Annual Inspection and Maintenance of Storm Water Control
Facilities is accepted, received and filed for 50 Ramland Road, Orangeburg (S/B/L/ 73.101-30)
and the Supervisor is authorized to execute all documents necessary to effectuate the acceptance
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Resolution No. 280 – Continued
of these easements. Upon recording in the Rockland County Clerk’s Office, the originals are to
be filed and maintained in the Town Clerk’s Office.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 281 MERRITT SUBDIVISION/REPLACEMENT
SANITARY SEWER EASEMENT
RECEIVED/FILED
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the original Replacement Sanitary Sewer Easement for the Merritt
Subdivision, 390 Ehrhardt Rd, Pearl River (64.18-1-79) is received and filed in the Town Clerk’s
Office. This easement has been recorded in the Rockland County Clerk’s Office as Instrument
No. 2009-2043.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 282 G & G HOLDINGS SUBDIVISION/ROAD
WIDENING DEED/TITLE INSURANCE
POLICY/RECEIVED/FILED
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the original Road Widening Deed and the Title Insurance Policy for
the G & G Holdings Subdivision, 1098 Route 9W, Upper Grandview (71.09-1-2) is received and
filed in the Town Clerk’s Office. This deed has been recorded in the Rockland County Clerk’s
Office as Instrument No. 2009-5791.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 283 CREATION/ORANGETOWN ARTS
COMMITTEE/APPROVED
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the “Orangetown Arts Committee”, dedicated to promoting all forms
of artistic creativity in Orangetown, in honor of “National Poetry Month” is hereby created.
Orangetown Arts Committee
Proposed April 20, 2009
“The Orangetown Arts Committee would serve as an enabler and promoter of the arts in
Orangetown. Recognizing diverse forms of expression — from theater and cinema to poetry and
painting to sculpture and dance — would show that Orangetown values the artistic contributions
and venues in our community. The Committee would encourage Orangetown artistry for people
of all ages and serve as a clearinghouse and promotional venue for the arts.
In particular, we should cultivate artistic expression to build a stronger community in
Orangetown. Art can give young people a safe and productive outlet for their energy and
creativity. Art is also an important driver of revenue in Orangetown, with dozens of galleries,
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music, and theater venues. For the adult with a business or the child with an idea, recognition of
local talent goes a long way.
From Raleigh, North Carolina to Tempe, Arizona, municipal arts commissions are building
coalitions and strengthening community partnerships to improve the quality of life of its
citizens.”
The committee will consist of volunteer members dedicated to promoting the arts in all of its
forms in the Town of Orangetown.
The committee will meet at least once a month and generate proposals in conjunction with the
community for the Town Board’s consideration.
Ayes: Councilpersons Maturo, Low-Hogan, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 284 FINANCIAL STATEMENTS
SUPPLEMENTARY INFORMATION
INDEPENDENT AUDITOR’S REPORT
BENNETT KIELSON STORCH DESANTIS
RECEIVED/FILED
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town of Orangetown Financial Statements and Supplementary
Information, with Independent Auditor’s Report, year ended December 31, 2008, prepared by
Bennett Kielson Storch DeSantis is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 285 ENTER AUDIT
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 9:22 p.m.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 286 PAY VOUCHERS
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for General
Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Trust and Agency, Special
District, Special Parking and Capital Projects Funds, in the amount of $639,871.77. Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 287 ENTERED EXECUTIVE SESSION
Councilwoman Manning offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
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Resolution No. 287 – Continued
RESOLVED, that the Town Board entered Executive Session at 9:33 p.m.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
Resolution Nos. 287A and 287B see Executive Session.
RESOLUTION NO. 288 ADJOURNMENT
Councilman Maturo offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board adjourned, in memory of Mark Butryn, former
Orangetown Assessor, at 10:30 p.m.
Ayes: Councilpersons Maturo, Troy, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
____________________________________ Charlotte Madigan, Town Clerk