TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, DECEMBER 15, 2008
This Town Board Meeting was opened at 7:55 p.m. Supervisor Kleiner presided and called the Roll. Present were:
Councilman Denis Troy
Councilwoman Marie Manning
Councilwoman Nancy Low-Hogan
Councilman Michael Maturo
Also present: Teresa Accetta-Pugh, Deputy Town Clerk
John S. Edwards, Town Attorney
Teresa M. Kenny, First Deputy Town Attorney
Robert Magrino, Deputy Town Attorney
Suzanne Barclay, Exec Asst. to Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Ron Delo, Director of Dept. Environmental Mgt. & Eng.
Kevin Nulty, Chief of Police
Robert Zimmerman, Police Captain
John Giardiello, P.E., Director, OBZPAE
Mark Albert, Senior Recreation Leader
Supervisor Kleiner led the Pledge of Allegiance to the Flag.
Announcements
In January there will be a Sparkill Downtown Meeting regarding the commuter lot.
Town Clerk will continue to hold satellite hours at the Pearl River Library on 1/8th and 1/9th. A revised contract with Stearns & Wheler will be ready in January for the Tier II/III pumping stations.
Benno Van Noort, chairman of Orangetown’s Environmental Committee, gave a summary report for the committee. They requested an experienced person in non-toxic ground, lawn and field maintenance be among the qualifications for the position of Superintendent of Parks and Recreation.
Donald Brenner, attorney for STEJ, Liam McDevitt, STEJ’s project manager and Gerald Merola, Chief Financial Officer of Amusement Entertainment Management, LLC, gave a presentation of STEJ’s revised proposal for a sports and entertainment complex. Mr. Brenner said STEJ has already invested about $8.2 million. The new plan is for an indoor aquatic center, with a “lazy river”, an obstacle course, water slides, water aerobics, surfing and rafting; an ice rink and a bowling center with a lounge, psychedelic lighting and video screens. In addition, there are plans for teen and senior centers, space for basketball leagues, fast-food restaurants and team competitions. In response to concerns, Mr. Merola, said Orangetown residents will be given preferred pricing, the aquatic pavilion water is 100 percent recyclable, and cost effective measures will be taken to optimize energy savings. He believes one ice rink is sufficient without endangering the economic viability of the facility. Groundbreaking will not be before the spring of 2010 and it will take at least 18 months to complete.
Public Comment
Esta Baitler, Sparkill, asked if the repairs for the sewer odors could be done sooner.
Michael Mandel, Pearl River, is against the elected officials reducing their health care contributions.
Gail Raffaele, Tappan, feels STEJ’s presentation should have been done at a totally separate meeting. She was incorrectly quoted in minutes and she wants them corrected. She asked why the Town Board continues to amend resolutions that were superseded by an agreement. She questioned the Executive Assistant to the Supervisor position because they is no such position.
Eileen Larkin, Palisades, objects to the change regarding health insurance premiums for elected officials. She asked for the salaries of the Police Chief, Captain and Administrative Lieutenant and she said the Town Board should demand this information.
Andrew Wiley, Pearl River, said the Town Board can take legal action to put a moratorium on Clarkstown and Ramapo for their sewage. He Foiled for the Police contracts and salaries which he didn’t receive. He asked if Stacey Contracting was paid before the amended resolution. He believes Stearns and Wheler should be sued for their mistakes and he spoke about Siemans being fined by Germany and the US for $1.34 billion.
RESOLUTION NO. 804 CLOSE PUBLIC PORTION
Councilman Troy 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 Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 805 OPEN PH/VISION-SCIENCES RELOCATION/SHIFT RESOLUTION
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the public hearing to consider the relocation of Vision-Sciences, Inc. from 40 Ramland Road, Orangeburg to One Ramland Road, Orangeburg both of which are within Orangetown’s Development Zone, which is part of the Rockland Empire Zone’s designated area is hereby opened.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
Teresa Accetta-Pugh, Deputy Town Clerk, presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 12-E-08 and made a part of these minutes.
Public portion:
Gail Raffaele, Tappan, pointed out that the public hearing did not start at the noticed time.
Eileen Larkin, Palisades, had hoped a representative from Vision-Sciences was at the meeting to answer questions. She asked who oversees this company as to whether or not they are in total agreement with the Empire Zone’s requirements. Orangetown has well educated people and companies should be flocking to Orangetown to employ our people. We should not have to give away our community to bring them into Orangetown.
Andrew Wiley, Pearl River, concurred with Eileen Larkin as to who’s job is it to verify with the REDC. He asked if this company doesn’t live up to their end of the bargain, will this Town Board authorize them to move out again and require them to repay the state for the abatements.
John S. Edwards, Town Attorney, gave some background information from the Rockland Economic Development Corporation (REDC). Vision-Sciences is designed to manufacture endoscopes and sheets. Currently operates with 60 employees here in Orangetown and another facility in Massachusetts with 35 employees. At this time they are launching a new product, a video base flexible endoscopes that will substantially increase production demands. They plan to consolidate the Massachusetts facility with the one in Orangetown.
RESOLUTION NO. 806 CLOSE PUBLIC PORTION/ VISION-SCIENCES RELOCATION/SHIFT RESOLUTION
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 806 – Continued
RESOLVED, that the public comment portion is hereby closed.
Ayes: Councilpersons Low-Hogan, Manning, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 807 DESIGNATION OF LEAD AGENCY VISION-SCIENCES RELOCATION SHIFT RESOLUTION
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board declares itself Lead Agency in this matter.
Ayes: Councilpersons Low-Hogan, Troy, Manning, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 808 NEGATIVE SEQRA DECLARATION VISION-SCIENCES RELOCATION SHIFT RESOLUTION
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that a negative SEQRA Declaration is hereby adopted.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 809 ADOPTS/VISION-SCIENCES RELOCATION/SHIFT RESOLUTION
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, Vision-Sciences, Inc. is a business enterprise involved in the design and manufacture of endoscopes and sheaths, presently employing 60 individuals at manufacturing facilities located at 40 Ramland Road, in the hamlet of Orangeburg, in the Town of Orangetown, County of Rockland, State of New York, and an additional 35 individuals at a secondary location in Natick, Massachusettes; and
WHEREAS, in connection with the launch of a new product that would result in additional hiring for a total employment of 131 individuals by Fiscal Year 2010 (primarily in manufacturing, but also in R & D, warehouse, administrative and sales and marketing areas), Vision-Sciences, Inc. wishes to consolidate its operations at a new Orangeburg location at One Ramland Road; and
WHEREAS, Vision-Sciences, Inc.’s proposed expansion and consolidation appears to meet all state and local requirements for Empire Zone certification, and conforms to the Rockland County Empire Zone Development Plan, and has recently been approved by the Zone Board as a “Regionally Significant Project”, and the County of Rockland has adopted a local law approving such Regionally Significant Project; and
WHEREAS, Vision-Sciences, Inc., is now applying for Empire Zone certification for its operations at the One Ramland Road location, which certification can only be granted with the consent and approval of the Town Board of the Town of Orangetown, the jurisdiction in which the existing facility is located; and,
Resolution No. 809 – Continued
WHEREAS, the Town Board has heard public comments that circumstances exist to warrant the relocation of Vision-Sciences to One Ramland Road, Orangeburg, Town of Orangetown, State of New York, which is part of the Rockland Empire Zone’s designated area.
NOW, THEREFORE, be it hereby
RESOLVED, that the Town of Orangetown consents to the relocation of Vision-Sciences, Inc., 40 Ramland Road, Orangeburg, New York, to One Ramland Road, Orangeburg, New York, both of which are within Orangetown’s Development Zone, which is part of the Rockland Empire Zone’s designated area.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 810 AMEND RESOLUTION NO. 747/2008 DCAK ARCHITECTS/TABLED
Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that a resolution to amend Resolution No. 747 regarding the proposal amount submitted by DCAK Architects by increasing the total from $7,663.40 to $8,612.72 which represents $7,500 for basic services and $1,112.72 for reimbursable expenses in accordance with their proposal is hereby tabled.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 811 SET PUBLIC HEARING DATE AMEND/PLANNED ACTIVE ADULT COMMUNITY LAW
Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that a public hearing is scheduled for January 12, 2009, 8:00 p.m. to amend the Planned Active Adult Community Law.
Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 812 APPROVE/BUDGET TRANSFERS
Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Budget Transfers as stated below are hereby approved.
| Budget Transfers for December 15 | ||||||||||
| Comment | ||||||||||
| Fund | Type | Department | Line Item | Account Number | Existing | Change | Result | |||
| General | Inc | Town Board | Conferences | A1010004 | 50441 | $ 1,100 | $ 1,000 | $ 2,100 | Association of Towns | |
| General | Inc | Town Board | Contracts | A1010004 | 50457 | $ – | $ 600 | $ 600 | ||
| General | Inc | Supervisor | Capital Outlay | A1220002 | 50200 | $ – | $ 4,200 | $ 4,200 | File Cabinets | |
| General | Dec | Supervisor | Overtime | A1220001 | 50440 | $ 1,000 | $ (1,000) | $ – | ||
| General | Dec | Supervisor | Part Time | A1220001 | 50011 | $ 16,500 | $ (3,000) | $ 13,500 | ||
| General | Dec | Supervisor | Perm Salaries | A1220001 | 50200 | $ 68,246 | $ (600) | $ 67,646 | Too much transferred in | |
| General | Inc | Supervisor | Office Supplies | A1220004 | 50440 | $ 2,000 | $ 700 | $ 2,700 | ||
| General | Inc | Finance | Postage | A1310004 | 50442 | $ 800 | $ 3,000 | $ 3,800 | Fedex for bond issuaques | |
| General | Inc | Finance | Office Supplies | A1310004 | 50440 | $ 800 | $ 1,000 | $ 1,800 | ||
| General | Dec | Finance | Overtime | A1310001 | 50012 | $ 6,500 | $ (4,000) | $ 2,500 | ||
| General | Inc | Receiver | Part Time | A1330001 | 50012 | $ 20,000 | $ 4,000 | $ 24,000 | ||
| General | Inc | Receiver | Appointed | A1330001 | 50015 | $ 54,297 | $ 5,000 | $ 59,297 | CSEA & Step | |
| General | Dec | Receiver | Postage | A1330004 | 50442 | $ 18,000 | $ (4,000) | $ 14,000 | ||
| General | Dec | Receiver | Office Supplies | A1330004 | 50440 | $ 4,000 | $ (2,000) | $ 2,000 | ||
| General | Dec | Receiver | Contracts | A1330004 | 50457 | $ 16,000 | $ (2,000) | $ 14,000 | ||
| General | Dec | Receiver | Conferences | A1330004 | 50440 | $ 4,000 | $ (1,000) | $ 3,000 | ||
| General | Inc | Assessor | Tax Certiorari | A1355004 | 50485 | $ 30,000 | $ 1,360,000 | $ 1,390,000 | ||
| General | Inc | Revenue | BAN | A0599900 | 45732 | $ – | $ (1,300,000) | $ (1,300,000) | Preserve fund balance | |
| General | Inc | Shared services | Contracts | A1622004 | 50457 | $ 50,000 | $ 35,000 | $ 85,000 | ||
| General | Dec | Shared services | Salaries | A1622001 | 50011 | $ 209,632 | $ (25,000) | $ 184,632 | ||
| General | Dec | Shared services | Part Time | A1622001 | 50013 | $ 21,240 | $ (10,000) | $ 11,240 | ||
| General | Inc | Traffic Control | Maint Agreems | A3310004 | 50443 | $ 30,000 | $ 12,000 | $ 42,000 | New bid in 08 | |
| General | Inc | Traffic Control | Utilities | A3310004 | 50455 | $ 37,000 | $ 8,000 | $ 45,000 | Higher rates | |
| General | Inc | Progs for Aging | Appointed | A6772001 | 50457 | $ 5,062 | $ 200 | $ 5,262 | CSEA related raise | |
| General | Inc | Spec Rec | Capital Outlay | A7110004 | 50200 | $ – | $ 22,000 | $ 22,000 | RPC fields play ground | |
| General | Inc | Parks | Utilities | A7110004 | 50455 | $ 60,000 | $ 11,000 | $ 71,000 | ||
| General | Inc | Youth Rec | PT Salaries | A7310001 | 50013 | $ 325,000 | $ 16,000 | $ 341,000 | Offset by fees | |
| General | Inc | Youth Rec | Contracts | A7310004 | 50457 | $ 300,000 | $ 13,000 | $ 313,000 | Offset by fees | |
| General | Inc | Celebrations | PT Salaries | A7550001 | 50012 | $ 3,000 | $ 1,000 | $ 4,000 | ||
| General | Inc | Celebrations | Contracts | A7550004 | 50457 | $ 15,000 | $ 4,500 | $ 19,500 | ||
| General | Inc | Debt Service | BAN Issuance | A9730004 | 50457 | $ 30,000 | $ 35,000 | $ 65,000 | Moodys | |
| General | Dec | Debt Service | Interest | A973007 | 50700 | $ 243,369 | $ (35,000) | $ 208,369 | ||
| General | Inc | Social Security | Fringe Benefits | A9030008 | 50800 | $ 360,081 | $ 25,000 | $ 385,081 | CSEA effect | |
| General | Dec | Hopitalization | Fringe Benefits | A9050008 | 50800 | $ 1,206,759 | $ (25,000) | $ 1,181,759 | ||
| General | Dec | Contingency | Contingency | A1990004 | 50500 | $ 139,639 | $ (139,600) | $ 39 | Left over from CSEA | |
| General | Dec | Unallocated Ins | Insurance | A1910004 | 50043 | $ 522,000 | $ (10,000) | $ 512,000 | ||
| Total | $ – | |||||||||
| Police | Inc | Retiremement | Fringe Benefits | B9015168 | 50800 | $ 1,920,000 | $ 400,000 | $ 2,320,000 | Prepayment to reduce outyear costs. | |
| Police | Dec | Unclassified Exp | Interfund Charhes | B1989164 | 50478 | $ 1,743,500 | $ (220,000) | $ 1,523,500 | ||
| Police | Dec | Insurance | Risk Retention | B1910164 | 50043 | $ 388,000 | $ (77,000) | $ 311,000 | From saving on policies | |
| Police | Dec | Salaries | Vacation Buy Out | B31200161 | 50022 | $ 167,538 | $ (100,000) | $ 67,538 | ||
| Police | Dec | Hospitalization | Fringe Benefits | B9060168 | 50800 | $ 2,320,000 | $ (12,000) | $ 2,308,000 | ||
| Police | Inc | Unemployment | Fringe Benefits | B9050168 | 50800 | $ 2,500 | $ 9,000 | $ 11,500 | Crossing Guards | |
| Total | $ – | |||||||||
| TOV Other | Inc | Fire Safety | Utilities | B3621174 | 50455 | $ – | $ 3,000 | $ 3,000 | Not budgeted after move | |
| TOV Other | Inc | Fire Safety | Conferences | B3621174 | 50441 | $ 500 | $ 1,000 | $ 1,500 | Additional training | |
| TOV Other | Inc | Safety Inspection | Capital Outlay | B3620172 | 50200 | $ – | $ 32,000 | $ 32,000 | Missed 2007 encumbrance | |
| TOV Other | Inc | Refuse & Garbage | Contracts | B8160174 | 50457 | $ 528,000 | $ 40,000 | $ 568,000 | New contract | |
| TOV Other | Inc | ACABOR | Appointed | B8089171 | 50015 | $ 21,976 | $ 2,000 | $ 23,976 | CSEA effect | |
| TOV Other | Dec | Unclassified Exp | Interfund Charges | B1989174 | 50478 | $ 301,000 | $ (53,000) | $ 248,000 | ||
| TOV Other | Dec | Contgency | Contingency | B1990174 | 50500 | $ 23,500 | $ (23,000) | $ 500 | CSEA | |
| TOV Other | Dec | Hospitalization | Fringe benefits | B90-60178 | 50800 | $ 256,000 | $ (2,000) | $ 254,000 | ||
| Total | $ – | |||||||||
| Highway | Inc | Hospitalization | Fringe benefits | D9060058 | 50800 | $ 384,000 | $ 400 | $ 384,400 | ||
| Highway | Dec | Dental | Fringe benefits | D9061058 | 50800 | $ 31,000 | $ (400) | $ 30,600 | ||
| $ – | ||||||||||
| Sewer | Inc | Unclassified Exp. | Interfund Charges | G1989004 | 50478 | |||||
Ayes: Councilpersons Maturo, Troy, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 813 AMEND RESOLUTION NO. 811/2007 WYETH TAX CERTIORARI
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Resolution No. 811/2007 is hereby amended to reflect that debt related to the Wyeth Tax Certiorari will not be retired in 2009.
Ayes: Councilpersons Low-Hogan, Manning, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 814 APPROVE/EMPLOYMENT AGREEMENT/CHIEF KEVIN NULTY
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the employment agreement between the Town of Orangetown and Chief Kevin Nulty for the period January 1, 2008 through December 31, 2010 is hereby approved.
Ayes: Councilpersons Low-Hogan, Troy, Manning, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 815 APPROVE/EMPLOYMENT AGREEMENT/CAPTAIN ROBERT ZIMMERMAN
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the employment agreement between the Town of Orangetown and Captain Robert Zimmerman for the period January 1, 2008 through December 31, 2008 is hereby approved.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 816 APPROVE/EMPLOYMENT AGREEMENT/ADMINISTRATIVE LIEUTENANT DONALD BUTTERWORTH
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the employment agreement between the Town of Orangetown and Administrative Lieutenant Donald Butterworth for the period January 1, 2008 through December 31, 2010 is hereby approved.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 817 COMBINE AGENDA ITEMS
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 817 – Continued
RESOLVED, that agenda items sixteen (16) through twenty-three (23) are hereby combined.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 818 APPROVE/INTERMUNICIPAL AGREEMENT/COUNTY OF ROCKLAND/NARCOTICS TASK FORCE
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney and the Chief of Police, the Town Board hereby approves an Intermunicipal Agreement between the Town and the County of Rockland, providing for payment by the County to the Town in the amount of SEVENTY-THREE THOUSAND NINE HUNDRED TWENTY DOLLARS and 00/100 ($73,920.00), as partial reimbursement of the cost of one (1) Town of Orangetown police officer assigned to the Rockland County Narcotics Task Force for the period January 1, 2008 through December 31, 2008, and, by the Resolution, authorize the Town Supervisor to execute such Agreement on behalf of the Town.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 819 APPROVE/CERTIFICATE OF REGISTRATION/2009 SEWER WORK
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning 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 2009 Sewer work is hereby approved to:
- Sasso Plumbing Corporation, Suffern, NY
Phoenix Excavators Corporation, W. Nyack, NY
Tobar Excavating, Inc., Norwood, NJ
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 820 AMEND RESOLUTION NO. 698/2008 SETTLEMENT OF CLAIMS/STACEY CONTRACTING/DEME/FS-06-3C
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board hereby amends Resolution No. 698 of 2008 approving the settlement of claims by Stacey Contracting, Inc. and counterclaims by the Town of Orangetown against Stacey Contracting, Inc. to correct a typographical error. The settlement amount approved should be $118,486.77, rather than $117,486.77, regarding Contract No. FS-06-3C.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
RESOLUTION NO. 821 RPC/TRAFFIC IMPACT STUDY RECEIVED AND FILED
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Traffic Impact Study for Rockland Psychiatric Center, prepared by Adler Consulting, dated November 26, 2008 is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 822 NOTICE TO PROCEED/COPPOLA SERVICES INC/TIER II/III PUMPING STATIONS (PS-06-3E)/RECEIVED AND FILED
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Notice to Proceed between Coppola Services, Inc. and the Town for Tier II/III Pumping Stations – Phase I General Contract (PS-06-3G) is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 823 NOTICE TO PROCEED/ALL BRIGHT ELECTRIC/TIER II/III PUMPING STATIONS (PS-06-3E)/RECEIVED AND FILED
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Notice to Proceed between All Bright Electric and the Town for Tier II/III Pumping Stations – Phase I General Contract (PS-06-3E) is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 824 BOND ANTICIPATION NOTES, 2008 $8,445,000/VARIOUS PURPOSES RECEIVED AND FILED
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the $8,445,000 Bond Anticipation Notes, 2008, dated December 11, 2008 for various Town purposes are received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 825 AWARD BID/COMPACT UTILITY LOADER/MID HUDSON BOBCAT HIGHWAY DEPT
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for sealed bids for a compact utility loader with attachments, which were received and publicly opened on December 4, 2008. The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 12-F-08, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Mid Hudson Bobcat, Newburgh, New York, the lowest qualified bidder, in the amount of $20,558.00, to be charged to Account Number D5130/0400.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 826 AUTHORIZE/CALLING OF PERFORMANCE BOND/GLENGARY ESTATES/BRADLEY CORPORATE PARK/SGT DEMEOLA RD
Under new business, Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board, upon reviewing the subdivision approval by the Planning Board for “Glengary Estates”, Sgt. Demeola Road, Blauvelt, NY, granted in Planning Board decisions PB#98-91 and 99-162, and finding that the applicant, Bradley Corporate Park, has failed to complete the subdivision as required by the Planning Board approvals for such project, hereby authorizes the Town Attorney to pursue all available legal remedies to ensure compliance, including but not limited to taking appropriate actions to “call” the Performance Bond posted by the applicant and to commence litigation as necessary to ensure the project is completed in a manner consistent with the Planning Board approvals for the project.”
Ayes: Councilpersons Troy, Low-Hogan, Manning, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 827 ENTERED AUDIT
Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 11:12 p.m.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 828 PAY VOUCHERS
Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan 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
Resolution No. 828 – Continued
District, Special Parking and Capital Projects Funds for a total amount of $563,582.49 and Medicare reimbursement to retirees in the amount of $97,460.40.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 829 ADJOURNMENT
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board adjourned this meeting at 11:15 p.m. in memory of Patrick (Chuck) C. Dizzine, Tappan, Keith J. Williams, Central Nyack, and M. Constantine Bettelheim, Nyack.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
____________________________________
Teresa Accetta-Pugh, Deputy Town Clerk