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TOWN OF ORANGETOWN
SPECIAL TOWN BOARD MEETING
EXECUTIVE SESSION
TUESDAY, AUGUST 13, 2013
The Town Board entered this Special Town Board Meeting at 7:05 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
Allan Ryff, Deputy Supervisor
Donna Morrison, Human Resources Coordinator
Brian Kenney, Assessor
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RESOLUTION NO. 365 ENTER EXECUTIVE SESSION PARTICULAR PERSONNEL MATTERS
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session for the purpose of discussing particular personnel matters.
Ayes: Councilpersons Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 366 ENTERED REGULAR TOWN BOARD MEETING
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the Town Board entered the Regular Town Board Meeting, at 8:05 p.m.
Ayes: Councilpersons Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
____________________________________
Charlotte Madigan, Town Clerk
RTBM
TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, AUGUST 13, 2013
This Town Board Meeting was opened at 8:05 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
John Edwards, Town Attorney
Teresa Kenny, First Deputy Town Attorney
Jeff Bencik, Finance Director
James Dean, Superintendent of Highways
Joseph Moran, Commissioner of DEME
Robert Simon, Receiver of Taxes
John Giardiello, Director of OBZPAE
Aric Gorton, Superintendent of Parks and Recreation
Charlotte Madigan led the Pledge of Allegiance to the Flag.
Summary of Public Comments:
Mike Mandel, Pearl River, asked about Broadacres RFP and a cost analysis on eliminating the Receiver of Taxes. He is in favor of an outside attorney to fight United Water’s rate increase.
Walter Wettje, Pearl River and Candidate for Supervisor, spoke about government ethics policies and the Supervisor’s unauthorized email blast, from the Town’s email system, regarding his golf outing.
Allan Ryff, Deputy Supervisor and Liason to the Ethics Committee, said the email blast issue was investigated and cleared.
RESOLUTION NO. 367 CLOSE PUBLIC COMMENTS
Councilman Morr offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons Morr, Valentine, Troy, Diviny
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 368 TOWN BOARD CALENDAR CHANGE/SEPTEMBER 9, 2013
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board Meeting scheduled for September 10, 2013 has been changed to September 9, 2013, starting at 7:00 p.m.
Ayes: Councilpersons Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 369 OAK TREE ROAD BRIDGE REPLACEMENT/PERSISTENT CONSTRUCTION/AWARDED BID
Councilman Valentine 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 the Oak Tree Road Bridge Replacement bid, a New York State Capital Assistance Program (NYS CAP) Grant Project ID #3893, Flood Mitigation for Sparkill Creek, which were received and publicly opened on June 27, 203; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 08-A-13, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that upon the recommendation of the Superintendent of Highways and the Commissioner of D.E.M.E, this bid is hereby awarded to Persistent Construction, Fairview NJ, the lowest qualified bidder, in the amount of $1,585,216.69 to be charged to Account Number H5110.200.76.
Ayes: Councilpersons Valentine, Troy, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 370 AID/ROCKLAND ROAD RUNNERS CLUB/SOUTH NYACK TEN MILER
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation and the Superintendent of Highways, aid to the Rockland Road Runners Club, by providing 8 port-o-johns (2 handicap), with the units to be delivered to the Orangetown Fire House, 90 Depot Place, South Nyack on Friday before the event and for use of the section of South Broadway between Livingston Place and the entrance to the Espositio Memorial Trail and the portion of the trail, which is located in the unincorporated portion of the Town of Orangetown, for their 25th Anniversary South Nyack Ten Miler, on Sunday, September 8, 2013 at 8:30 a.m., is hereby approved, pending approval of the use road application.
Ayes: Councilpersons Valentine, Troy, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 371 COMBINE AGENDA ITEMS
Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that agenda items 4 threw 8 and are hereby combined.
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 372 AID/PEARL RIVER LIONS/ANNUAL FLEA MARKET/CRAFT FAIR
Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation, aid to the Pearl River Lions Club, by providing 3 port-o-johns, and 8 large garbage cans, for their
Resolution No. 372 – Continued
annual flea market and craft fair, which will be held on Saturday, September 21, 2013 (rain date September 28th) on the Central Avenue field in Pearl River is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 373 AID/BLAUVELT LIONS CLUB ANNUAL APPLEFEST
Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation and the Superintendent of Highways, aid to the Blauvelt Lions Club, by providing 2 port-o-johns (1 handicap) and recycling bins, for their 10th Annual Applefest, on Sunday, September 29, 2013, in Flywheel Park, Piermont is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 374 SHOWMOBILE/SONS OF ITALY ITALIAN FEST
Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED that upon the recommendation of the Superintendent of Parks and Recreation, the request by the Sons of Italy for use of the Showmobile, for their Italian Fest, from Sept 11th to Sept 16th at a cost of $350.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 375 SHOWMOBILE/DOMINICAN COLLEGE/FIRE IN THE SKY EVENT
Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED that upon the recommendation of the Superintendent of Parks and Recreation, the request by Dominican College, for use of the Showmobile, for their Fire in the Sky Event on Saturday, September 21, 2013, at a cost of $350.00, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured, is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 376 AID/RIDGE STREET CLASSIC
Councilman Diviny offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
Resolution No. 376 – Continued
RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation and the Superintendent of Highways, aid for the Ridge Street Classic, by providing 3 port-o-johns, 8 large garbage cans, recycle bins and Orangetown lighting, commencing at 8 a.m., Sunday, September 1, 2013, at Ridge St. and Gilbert Ave., is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 377 AUTHORIZE/TRANSPORTATION ENHANCEMENT PROGRAM GRANT APPLICATION
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
WHEREAS, the Town of Orangetown herein called the “Municipality”, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project; and
WHEREAS, the Transportation Equity Act for the 21st Century and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users provided funding opportunities for activities intended to benefit the traveling public, to increase transportation choices and access, to enhance the built and natural environment and to provide a sense of place; and
WHEREAS, the activities of the Project herein benefit the traveling public, increase, access to public transportation, enhance the built environment and further the Municipality’s plans for the revitalization of the Hamlet of Pearl River; and
WHEREAS, the Municipality deems it to be in the public interest and benefit under these acts to authorize and direct Andrew Y. Stewart, as Supervisor of the Town of Orangetown, New York, to file an application for funds to the New York State Department of Transportation, Transportation Enhancement Program.
NOW, THEREFORE, BE IT RESOLVED BY the Members of the Town Council of the Town of Orangetown:
- That Andrew Y. Stewart, as Supervisor, is hereby authorized to file an application for funding in support of the construction of new ADA-compliant sidewalks and curbcuts, improved and reconfigured crosswalks and the installation of new street lighting and related streetscape improvements along North Middletown Road, from Crooked Hill Road to Central Avenue and improvements related to improving traffic flow and pedestrian safety along Central Avenue to Railroad Avenue and the New Jersey Transit Station; and
- That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s field work upon execution of a contract with New York State Department of Transportation.
Ayes: Councilpersons Valentine, Troy, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 378 GRANT WRITER/SYLVIA WELCH TAPPAN ZEE BRIDGE COMMUNITY BENEFIT PROGRAM
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the Town Board authorizes the Supervisor to engage grant writer Sylvia Welch in creating 4-5 funding requests to the Tappan Zee Bridge Community Benefit Program, at a cost of no more than $1000, at her standard rate of $55/hour. Requests are to be derived from Town capital project inventories and consultation with department heads and Town Board approval.
Ayes: Councilpersons Valentine, Troy, Diviny, Morr
Supervisor Stewart
Noes: None
RESOLUTION NO. 379 APPOINT/ADMINISTRATIVE SECRETARY I/NADIA SHAPIRO
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and on a roll call was adopted:
RESOLVED, that Nadia Shapiro is hereby appointed to the position of Administrative Secretary 1, at a salary of $ 53,477.00, Grade 12, Step 1, subject to her satisfactory completion of the period of probation, under the Rules of the Rockland County Department of Personnel.
Ayes: Councilpersons Valentine, Troy, Morr
Supervisor Stewart
Noes: None
Abstained: Councilman Diviny
* * *
RESOLUTION NO. 380 APPOINT/CUSTODIAN/BUILDING MAINTENANCE/JOHN ROBINSON
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that John Robinson is hereby appointed to the position of Custodian (full-time) in the Building Maintenance Department, at an annual salary of $65,080. This appointment fills an existing position vacated due to retirement.
Ayes: Councilpersons Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 381 APPOINT/BLUE HILL GOLF COURSE GROUNDSWORKER/JAMES DAVIE
Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that James Davie is hereby appointed to the position of Groundsworker (full-time) at Blue Hill Golf Course at an annual salary of $57,058.00. This appointment fills an existing position vacated by the transfer of an employee to the Building Maintenance Department.
Ayes: Councilpersons Valentine, Morr, Troy, Diviny
Supervisor Stewart
Noes: None
RESOLUTION NO. 382 INSTALLATION FIRE HYDRANT 618 BLAUVELT RD/PEARL RIVER
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of United Water New York and the Town of Orangetown Fire Inspector, the installation of one (1) fire hydrant at 618 Blauvelt Road, Pearl River is hereby approved.
Ayes: Councilpersons Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 383 ADOPT/CERTIFICATE OF CURRENT HOMESTEAD BASE PROPORTIONS ADJUSTED BASE PROPORTIONS
Councilman Troy offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that upon the recommendation of the Assessor, the Town Board hereby adopts Certificated of Current Homestead Base Proportions and Adjusted Base Proportions (Forms 6701 & 6703 and Exhibit 08-B-13), pursuant to Article 19, Section 1903 of the Real Property Tax Law for the Levy of Taxes on the 2013 Assessment Roll, and the Town Clerk is hereby authorized to affix Town Certification.
For comparison purposes, the following is a table indicating last year’s Town-wide & Town Outside Villages adjusted base proportions:
Town-Wide 2012 2013 TOV 2012 2013
Homestead 67.89631 66.19896 66.95601 65.39349
Non-Homestead 32.10369 33.80104 33.04391 34.60651
Ayes: Councilpersons Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 384 DECLARE SURPLUS EQUIPMENT
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED that upon the recommendation of the Superintendent of Highways, the following equipment is declared surplus:
Vehicles already surplus, we want to keep for parts
Old truck 62 1990 FWD dump truck
Old truck 85 1988 FWD dump truck
SURPLUS EQUIPMENT AVAILABLE FOR AUCTION
1990 Petersen Brush Trailer TT20390132
2001 Freightliner FC-70/ Tymco 600 1FVAB3BV61HH57715
1997 Chevy C-8500 Dump 1GBP7H1J1VJ115759
2001 Dodge Ram 3500 3B6MF366X1M575089
2001 Dodge Durango 1B4HS28N01F604300
1959 Athey Belt Loader 5663K17CK
Resolution No. 384 – Continued
5- Harder slide in spreaders (est. 1990) Model STD 90
Hydraulic driven 11’ long 2’ wide with 20” drop down spinner
5- Frink Heavy Duty Plows (est. 1990) 12’ wide plastic/polymer
Hydraulic motor worm gear angle
2- Spare A-Frame assemblies for Frink plows with worm gear and 4 gear segments
2- Pallets (15 pieces) miscellaneous Frink plow mounting brackets and wing cylinder mounts with one wing lift cylinder
1- 10’ wing plow all steel with mounting support arms (est. 1980)
Portable Tripod Winch with mounting plate MTH 120, model 120, serial no. 8501094, capacity 300lbs.
8- White plastic/polymer triangle shaped tanks 80 gallon capacity. 7’ long, 24” wide at the base and 4” wide at the top, 24” tall. Included are some shut-off valves and small pumps in weatherproof mounting boxes, with hold down straps.
2- New loader bucket cutting edges (6 pieces total) 1” thick steel
Two center pieces 46” x 13”
Four end pieces 20” x 13”
Ayes: Councilpersons Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 385 SANITARY SEWER IMPROVEMENTS CURED-IN-PLACE/S NYACK/NYACK TAPPAN/EN-TECH CORPORATION AWARD BID
Councilman Valentine offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
WHEREAS, the Commissioner of DEME, duly advertised for sealed bids for the Sanitary Sewer Improvements (Cured –in-Place Method) for Nyack, South Nyack and Tappan (ITB-DEME-41-2013) in the Town of Orangetown, which were received and publicly opened on August 1, 2013; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 08-C-13, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to EN-TECH CORPORATION, Closter, New Jersey, at a cost of $ 82,380.00.
Ayes: Councilpersons Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 386 DANIEL DUTHIE, ESQ/PUBLIC SERVICE COMMISSION/2013 UNITED WATER RATE FILING/APPROVE RETAINER
Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board hereby approves the retention of Daniel P. Duthie, Esq., to represent the interests of the Town of Orangetown, as part of a municipal consortium
Resolution No. 386 – Continued
with Party Status, before the Public Service Commission, relating to a 2013 rate filing by United Water under rate case 13-W-0295, in an amount not to exceed $15,000.00; and be it further
RESOLVED, that, in furtherance hereof, the Supervisor shall be authorized to execute a Retainer Agreement with Daniel Duthie in a form approved by the Town Attorney.
Ayes: Councilpersons Valentine, Morr, Troy, Diviny
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 387 SYMPROCITY SOFTWARE SYSTEMS, INC/BUREAU OF FIRE PREVENTION APPROVE CONTRACT
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board hereby authorizes the Supervisor to execute a one (1) year contract, on behalf of the Town, as proposed and written, with SYMPROCITY SOFTWARE SYSTEMS, INC. for a new inspection and record keeping software program and database customized for the Bureau of Fire Prevention, for a sum of FIVE AND 00/100 ($5.00) DOLLARS per Inspection performed; and for the lease to the Town of a “Field Inspection Tablet Computer”, specifically, the latest version of a Microsoft Surface tablet with Internet Access for FOUR AND 00/100 ($4.00) DOLLARS per inspection.
Ayes: Councilpersons Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 388 ACCOUNT KEEPING SUPERVISOR GRADE CHANGE/FINANCE
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the position of Account Keeping Supervisor, in the Finance Department, is hereby changed from a Grade 13 to a Grade 15, with an annual salary of $67,264.00, effective January 1, 2013.
Ayes: Councilpersons Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 389 ACCEPT/RECEIVE/FILE/DOCUMENTS TOWN CLERK’S OFFICE
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the following items are hereby accepted, received and filed in the Town Clerk’s Office:
- Regular Town Board/Audit Meeting and Executive Session minutes of June 25, 2013; Police Commission and Executive Session of July 2, 2013; and Regular Town Board/Audit Meeting of July 9, 2013.
- Fee Retention Letter Agreement (Clarkstown Landfill) with The Justis Law Firm, LLC.
- Agreement between Hi-Tor Animal Care Center and the Town, dated 7/24/13.
- Equipment Use Agreement between the Village of West Haverstraw and the Town for use of a camera vehicle and related equipment for a drainage condition (dated 7/29/13).
Resolution No. 389 – Continued
- Easement (73.15-1-17) with 155 Corporate Drive (73.15-1-18 & 73.19-1-1), Orangeburg (Russo Development LLC) for installation & maintenance of telecommunications facilities.
Ayes: Councilpersons Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 390 PAY VOUCHERS
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, the Finance Office is hereby authorized to pay vouchers for General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds for a total amount of $2,182,033.60.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 391 ADJOURNED/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board adjourned in memory of James M. Morrison II, Nanuet; Lindsey Stewart, Piermont; Mark Lennon, Pearl River; George Merchant, WWII Vet, of Pearl River; Lawrence (Larry) Dolan, WWII Vet and a Purple Heart recipient of Pearl River; and Gary Weir, Pearl River, at 9:19 p.m.
Ayes: Councilpersons Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
` ____________________________________
Charlotte Madigan, Town Clerk