TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, AUGUST 23, 2011
This Town Board Meeting was opened at 7:35 p.m. Supervisor Whalen presided and the Town Clerk called the Roll. Present were:
Councilman Denis Troy
Councilwoman Nancy Low-Hogan
Councilman Michael Maturo
Councilman Thomas Diviny
Also present: Charlotte Madigan, Town Clerk
John Edwards, Town Attorney
AnnMarie Hahr, Executive Assistant to the Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Robert Simon, Receiver of Taxes
John Giardiello, Director of OBZPAE
Aric Gorton, Superintendent of Parks-Rec & Building Maint.
The Bill Harris Family led the Pledge of Allegiance to the Flag.
Summary of Public Comments:
Brooke Malloy, Assistant Director of the Nyack Center, spoke about the youth outreach gang prevention program. The Town and Village need to stay vigilant in taking positive steps to reduce risk behaviors and crime.
Annmarie Uhl, Sparkill, asked for the Town Board’s insight with granting Community Funding and she requested the Town Board to consider a four-year term for the Supervisor.
Robert Dell, Orangetown Planning Board, is in favor of Chief Bill Harris Way. He asked the Town Board to consider expanding the Comprehensive Plan review, to look at land development regulations and the zoning code.
Max and Mary Kaplan, Orangeburg, read a letter regarding their experience with the Supervisor and other Town employees regarding code violations.
Mike Mandel, Pearl River, said a missing double parking meter on William Street should be replaced. He is against funding for Nyack Center, the YMCA and Piermont Historical Society. Four-year terms with term limits is a great idea and we need a realistic Comprehensive plan.
Frank Fornario, Blauvelt, requested Orangeburg Commons’ public hearing be fast tracked.
Peter Byrne, Orangeburg, spoke about Bill Harris’ contributions to the community, particularly after 9/11 and urged that he be remember with the designation of “Chief Bill Harris Way”.
RESOLUTION NO. 456 CLOSE PUBLIC COMMENTS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 457 APPROVE ROAD DESIGNATION CHIEF BILL HARRIS WAY
Councilman Diviny offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the request of the Orangetown Volunteer Emergency Services Coalition, Inc., to honor Bill Harris by designating Blaisdell Road, between Old Orangeburg Road and Orangeburg Road, Orangeburg, as “Chief Bill Harris Way” is hereby authorized.
Ayes: Councilpersons Diviny, Maturo, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 458 APPROVE AID/ROCKLAND ROAD RUNNERS/SOUTH NYACK TEN MILER
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that aid to the Rockland Road Runners Club, by providing seven port-o-johns (2 handicapped) for the 23rd Annual South Nyack Ten Miler on Sunday, September 11, 2011, 8:30 AM at the Raymond Esposito Trail is hereby approved.
Ayes: Councilpersons Low-Hogan, Maturo, Troy, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 459 APPROVE AID/SONS OF ITALY ITALIAN FEAST/SHOWMOBILE
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the use of the showmobile, by the Blauvelt Sons of Italy, for their Italian Feast, from Sept 15 – 18, 2011 is hereby approved. Group to provide a certificate of insurance listing the Town of Orangetown as additionally insured and pay the rental fee of $350.00.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 460 APPROVE AID/NYACK CHAMBER SEPTEMBERFEST STREET FAIR SHOWMOBILE
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that use of the showmobile for the Nyack Chamber of Commerce, for their Septemberfest Street Fair, September 25, 2011, is hereby approved. Group to provide insurance listing the Town of Orangetown as additionally insured and to pay the rental fee of $350.00.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 461 TABLED/COMMUNITY FUNDING
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that community funding, for the groups shown below, in the amount of $40,750 total, to be charged to Account No. A7320/457, is hereby TABLED.
| Approved | Approved | Requested | Recommended | |
| 2009 | 2010 | 2011 | 2011 | |
| American Red Cross | $ – | $ – | $ 5,000 | $ – |
| Big Brothers Big Sisters | $ 1,000 | $ 1,000 | $ 2,500 | $ 1,000 |
| Camp Venture | $ 10,000 | $ 10,000 | $ 15,000 | $ 10,000 |
| Dowling Housing Corp | $ 1,000 | $ 1,000 | $ 2,000 | $ 1,000 |
| Foster Grandparents | $ 1,000 | $ – | $ – | $ – |
| Friends of the Nyacks | $ 1,500 | Celebrations ’11 | ||
| Headstart of Rockland | $ 10,000 | $ 10,000 | $ 10,000 | $ 10,000 |
| Helping Hand Interfaith Coalition | $ 3,000 | $ – | ||
| Home Aides of Rockland | $ – | $ 500 | $ 1,500 | $ 500 |
| Infinity Equine Therapy, Inc | $ 5,000 | $ – | ||
| JCC Film Festival | $ 1,000 | $ – | ||
| Meals on Wheels | $ 10,000 | $ 10,000 | $ 15,000 | $ 10,000 |
| Mental Health Association of Rockland Cty | $ 9,970 | $ – | ||
| Nami-Familya | $ – | $ – | $ 1,000 | $ – |
| Nyack Center (Drop In Camp) | $ 1,000 | $ 1,000 | $5,000 | $ 1,000 |
| Nyack Center (Gang Prevention) | $15,000 | $ – | ||
| One to One Learning Center | $ 1,000 | $ 1,000 | $0 | $ – |
| Palisade-Sparkill baseball League | $ 1,000 | $ – | $0 | $ – |
| People to People | $ 1,000 | $ 1,000 | $10,000 | $ 2,000 |
| Piermont Historical Society | $3,000 | $ 1,000 | ||
| Rockland Com. Coll. Sr. Citizens | $ 1,000 | $ 750 | $750 | $ 750 |
| Rockland County Welcome Center | $3,000 | $ – | ||
| Rockland County YMCA | $2,500 | $ 1,000 | ||
| Rockland Family Shelter | $ – | $ 500 | $0 | $ – |
| Rockland Hospital Guild | $7,800 | $ – | ||
| Rockland Parent Child | $ 1,000 | $ – | $0 | $ – |
| RSVP | $1,500 | $ 500 | ||
| SOCASA Girls Golf | $ 1,000 | $ – | $0 | $ – |
| Soup Angels | $ 1,000 | $ – | $0 | $ – |
| South Nyack Police Department | $ 1,000 | $ – | $0 | $ – |
| Tappantown Historical Society | $ – | $ – | $1,000 | Celebrations ’11 |
| United Hospice of Rockland | $ 1,000 | $ 1,000 | $2,500 | $ 1,000 |
| Volunteer Action Center (Chore) | $ 1,000 | $ 1,000 | $1,000 | $ 1,000 |
| Volunteer Counseling Services | $ 1,000 | $ 1,000 | $0 | $ – |
| Total | $ 45,000 | $ 39,750 | $ 125,520 | $ 40,750 |
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 462 AUTHORIZE SUPERVISOR/JUSTICE GRANT APPLICATION
Councilman Diviny offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to submit a grant application for the Orangetown Justice Court to the New York State Justice Court Assistance Program 2011 in the amount of $15,191.35 (maximum per court $30,000) for the purpose of obtaining desks, chairs, filing cabinets, signs, judicial robes, and a shredder.
Ayes: Councilpersons Diviny, Maturo, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 463 APPROVE EXPANDING/YOUNG LUNGS AT PLAY PROGRAM
Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Superintendent of Parks, Recreation and Building Maintenance is hereby authorized to expand the “Young Lungs at Play” program authorized on April 10th, 2006 by resolution 296 in cooperation with the Rockland County Health Department to encompass all Town owned Parklands, excluding Blue Hill and Broadacres golf courses in accordance with Town Code 7A-13.
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 464 APPROVE CHANGE ORDER NO. 1 HOLT CONSTUCTION/BLUE HILL GOLF COURSE RENOVATIONS
Councilman Maturo offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation, Change Order No. 1 to the Holt Construction Management contract, in the amount of $22,500.00, for the extension of construction management services through Sept. 10th, 2011, including project closeout and punch list items, provided there are no delays to the project. This amount is covered within the approved Project Budget and is to be charged to Account No. E103.
Ayes: Councilpersons Maturo, Diviny, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 465 ADOPT CERTIFICATE OF CURRENT/ADJUSTED HOMESTEAD BASE PROPORTIONS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Town Board hereby adopts Certificate of Current Homestead Base Proportions and Adjusted Base Proportions (Forms 6701 & 6703) pursuant to Article 19, Section 1903 of the Real Property Tax Law for the Levy of Taxes on the 2011 Assessment Roll, and the Town Clerk is hereby authorized to affix Town Certification (Exhibit 08-A-11).
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 466 AMEND RESOLUTION NO. 492/2010 BECKMANN APPRAISALS
Councilman Diviny offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that Resolution No. 492/2010 is hereby amended to increase the contract amount for Beckmann Appraisals, from $35,000 to $50,000, with costs to be charged to Account Number A.1355.485.
Ayes: Councilpersons Diviny, Maturo, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 467 ADOPT/PROPERTY MAINTENANCE VIOLATION/75 MOUNTAINVIEW AVE
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, on October 19, 2010, following a public hearing duly noticed and conducted in accordance with the property maintenance provisions of Chapter 24C-15 of the Town Code, the Town Board by resolution 621 of 2010 authorized the clean-up of property located at 75 Mountain View Avenue, in Pearl River (69.17-5-1.2) by the Town or its designees, agents or a private contractor, at a cost not to exceed $5,000.00, said cost to be assessed against the record owner of the property and collected in the manner and at the same time as other Town charges; and
Resolution No. 467 – Continued
WHEREAS, since the time of the last Town clean-up, the said property has continued to go unmaintained by the record owner, and presently is again in violation of the property maintenance provisions of the Town Code; and
WHEREAS, the condition of the said property continues to constitute a nuisance and hazard to the public health, safety and welfare, and otherwise remains unsightly in appearance,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby re-affirms its determination embodied in resolution 621 of 2010, and again directs that the Town or its designees or agents, or through a private contractor, at a cost not to exceed $5,000.00, abate the violation, and that the cost of such action be assessed against the record owner of the property and collected in the manner and at the same time as other Town charges.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 468 RETIREMENT/NICHOLAS ARCAMONE/DEME
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the retirement of Nicholas Arcamone, DEME, effective July 31, 2011, is hereby accepted with regret.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 469 AMEND RESOLUTION NO. 582-2010 MASER CONSULTING/SLUDGE TANK HANDLING FACILITY
Councilman Troy offered the following resolution, which was seconded by Supervisor Whalen and was unanimously adopted:
RESOLVED, that Resolution No. 582/2010 is hereby amended to increase the supplemental contract for Maser Consulting from $23,500 to $26,600 for the Sludge Tank Handling Facility capital project.
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 470 RETIREMENT/WALTER WHEATLEY BUREAU OF FIRE PREVENTION
Councilman Diviny offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the retirement of Walter Wheatley, P/T Fire Inspector, Bureau of Fire Prevention, effective August 9, 2011 is hereby accepted with regret.
Ayes: Councilpersons Diviny, Low-Hogan, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 471 AWARD BID/INDUSTRIAL SERVICE UNIFORMS/AMERICAN WEAR UNIFORMS
Councilman Maturo 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 Industrial Service Uniforms, which were received and publicly opened on July 21, 2011. (A copy of the publication and bid summary are labeled Exhibit 08-B-11 and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that upon the recommendation of the Superintendent of Highway, the bid for Industrial Service Uniforms – Option 2 (2 yrs-$1.84 per employee per a week) is hereby awarded to American Wear Uniforms, East Orange, New Jersey, the lowest qualified bidder.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 472 APPROVE AMENDED REVOCABLE USE AGREEMENT/ORANGETOWN MIGHTY MIDGET ATHLETIC CLUB
Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and on a roll call was adopted:
RESOLVED, that the Town Board hereby approves an amended revocable use agreement with the Orangetown Mighty Midgets Athletic Club for the use of the Town‘s soccer fields and facilities located on Old Orangeburg Road, Orangeburg.
Ayes: Councilpersons Troy, Low-Hogan, Diviny
Supervisor Whalen
Noes: Councilman Maturo
* * *
RESOLUTION NO. 473 APPROVE REVOCABLE USE AGREEMENT/BLAUVELT-ORANGEBURG SENIOR CLUB
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board hereby approves a revocable use agreement for the use of the Club House at the Orangetown Soccer Complex by the Blauvelt/Orangeburg Senior Club for its regular meetings.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 474 ACCEPT MINUTES
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the June 21, 2011 Executive Session minutes; the June 28, 2011 Regular Town Board/Audit Meeting and Executive Session minutes; the July 12, 2011 Police Commission/Workshop and Executive Session minutes; and the July 19, 2011 Regular Town Board Meeting/Audit Meeting and Executive Session minutes are hereby accepted.
Ayes: Councilpersons Diviny, Troy, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
RESOLUTION NO. 475 RECEIVE/FILE/DOCUMENTS TOWN CLERK’S OFFICE
Councilwoman Low-Hogan 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:
- DEME’s letter to NYSDEC, Division of Water, Region III, dated July 29, 2011, regarding the Order on Consent, Orangetown Wastewater Treatment Plant and Sludge Handling Facility Rehabilitation.
- Orangeburg and Pearl River Fire Districts Annual Audit with independent Auditor’s report for 2009 and 2010.
- Tappan Free Library correction easement, dated April 18, 2010 (Rockland County Clerk’s Instr. No. 2010-00017077).
- Sidewalk Sawcutting (RFP) Contract, with Precision Concrete Cutting, LLC, dated July 13, 2011.
- McKeon Estates Subdivision (69.18-2-2) Sanitary Sewer Easement (Rockland County Clerk Instr. No. 2011-0002253) and Title Insurance Policy.
- Professional Service Agreement, with McLaren Engineering Group, dated August 10, 2011, for Flood Mitigation Sparkill Creek DASNY #3893.
- Ebenezer Full Gospel Assembly Title Insurance Policy.
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 476 APPROVE FUNDING/PEARL RIVER CHAMBER OF COMMERCE
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that funding, for the Pearl River Chamber of Commerce, Pearl River Day, Saturday October 1, in the amount of $1,000, to be charged to the celebrations, Account No. A.7550.457 is hereby approved.
Ayes: Councilpersons Diviny, Troy, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 477 APPROVE/PUBLIC OFFICIALS EMPLOYER LIABILITY INS/HISCOX INSURANCE/BAUER-CROWLEY
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that a Public Officials/Employer Liability Insurance policy, with Hiscox Insurance, at an annual cost of $51,574 (down from the current policy of $62,363), to be charged to Account No. MS.1722.457.49 is hereby approved.
Ayes: Councilpersons Diviny, Troy, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 478 TABLED/NETWORK/CYBER LIABILITY INSURANCE/ALLIED WORLD/BAUER-CROWLEY
Councilman Maturo offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that a Network /Cyber Liability Insurance, with Allied World, at an annual cost of $1,463.00, to be charged to Account No. MS.1722.457.49, is hereby TABLED.
Ayes: Councilpersons Maturo, Diviny, Troy, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 499 APPROVE LEASE/SHARP COPIERS/ESP
Councilman Diviny offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that a thirty –six month copier lease, for seven Sharp copiers, from ESP, for various Town departments, at a cost of $19,440 per year (this compares to current costs of $20,700 per year), including maintenance, to be charged to department accounts is hereby approved.
Ayes: Councilpersons Diviny, Low-Hogan, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 480 APPROVE/TAX CERTIORARI SETTLEMENT AGREEMENT/WYETH HOLDINGS
Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, approve an agreement by and between the Town, the Nanuet School District and Wyeth Holdings (its successors and assigns), providing a framework for the resolution of all open tax certiorari proceedings, which includes, among other things, certain restrictions on the future development of presently undeveloped lands.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 481 DEME/AMEND RESOLUTION NO. 396 CONSULTANT/KENECK SKIBINSKI INCREASE
Under new business, Supervisor Whalen offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that Resolution No. 396 is amended, increasing the maximum payment to consultant Keneck Skibinski from $19,000 to $38,000.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 482 ENTERED AUDIT
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 9:20 p.m.
Aye: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 483 PAY VOUCHERS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy 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 $3,149.411.80.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 484 ENTER EXECUTIVE SESSION
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session at 9:25 p.m.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
Resolution Nos. 485 and 486 see Executive Session.
RESOLUTION NO. 487 ADJOURNMENT/MEMORY
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board adjourned, in memory of Charles Shimel, Palisades; Ruth Kolb, Tappan; Herbert Haug, Pearl River; Anthony Pace, Pearl River; Edward Potoma, Pearl River; Rosena Bradshaw, mother of Sr. Maureen Bradshaw (Thorpe Village); Rosemary Brady Urban, daughter-in-law of Josephine Urban (Senior Citizen Advisory Committee) and Martin Paciello, Pearl River; at 10:15 p.m.
Ayes: Councilpersons Maturo, Low-Hogan, Troy, Diviny
Supervisor Whalen
Noes: None
____________________________________
Charlotte Madigan, Town Clerk