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TOWN OF ORANGETOWN
EXECUTIVE SESSION
TUESDAY, OCTOBER 26, 2010
The Town Board entered this Executive Session from the Regular Town Board Meeting. 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:
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Charlotte Madigan, Town Clerk
John S. Edwards, Town Attorney
Teresa Kenny, First Deputy Town Attorney
Rick Pakola, Deputy Town Attorney
Barbara Gionta, Deputy Town Attorney
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
RESOLUTION NO. 644 ENTER EXECUTIVE SESSION LEGAL PERSONNEL MATTERS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session to discuss legal personnel matters at 8:25 p.m.
Ayes: Councilpersons Low-Hogan, Maturo, Troy, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 645 RE-ENTERED RTBM
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board re-entered the Regular Town Board Meeting, at 9:30 p.m.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
____________________________________
Charlotte Madigan, Town Clerk
NORMAL
TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, OCTOBER 26, 2010
This Town Board Meeting was opened at 7:30 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
Teresa Kenny, First Deputy Town Attorney
AnnMarie Hahr, Executive Assistant to the Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Scott Burton, Director of Environmental Management & Engineering
Rick Oliver, Building Inspector
Aric Gorton, Superintendent of Parks-Rec & Building Maint.
Lily Seeger led the Pledge of Allegiance to the Flag.
Summary of Public Comments (RTBM):
Rose Marie Raccioppi, Tappan, read her poem, “Palisades Got Talent”, which was her tribute and contribution to the Palisades Library.
Helen Shaw, Pearl River, requested prior notice of changes regarding Shoprite’s public hearing.
Esta Baitler, Consumer Advocate for Cathy Lukens Home, said if the Town Board has a difference of opinion, it should be discussed in Executive Session. She is grateful for the support with sidewalks along Route 340.
RESOLUTION NO. 624 CLOSE PUBLIC COMMENTS
Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons Troy, Maturo, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 625 OPEN PH/ CONTINUATION/G.L.F. REALTY COMPANY (SHOPRITE) ZONE CHANGE
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the 8:00 p.m. public hearing to consider the petition from G.L.F. Realty Company, Inc. (Shoprite), 245 East Central Avenue, Pearl River (69.13-3-35) for a zone change, from a RG District (General Residence) to a CC District (Retail Commerce) is hereby opened.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 626 G.L.F. REALTY COMPANY, INC (SHOPRITE) ZONE CHANGE PETITION CONTINUE PUBLIC HEARING
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the public hearing to consider the petition of G.L.F. Realty Company, Inc. (Shoprite), 245 East Central Avenue, Pearl River (69.13-3-35) for a zone change, from an RG District (General Residence) to a CC District (Retail Commerce), will continue on December 14, 2010 at 8 p.m.
Ayes: Councilpersons Diviny, Troy, Maturo, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 627 APPROVE AID/ROTARY CLUB/PEARL RIVER/SHARE CHRISTMAS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that aid to the Rotary Club of Pearl River Share Christmas, December 10, 2010, (rain date 12/17) for use of the Showmobile sound system, personnel to operate same, for a fee of $350.00 and two port-o-johns is hereby approved.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 628 APPROVE AID/NYACK CHAMBER OF COMMERCE/HALLOWEEN PARADE
Councilman Diviny offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that aid to Nyack Chamber of Commerce Halloween Parade, October 23, 2010 for use of the Showmobile for a fee of $350.00 is hereby approved.
Ayes: Councilpersons Diviny, Low-Hogan, Troy, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 629 ACCEPT ITEMS FOR DEDICATION SICKLETOWN WOODS SUBDIVISION CAMELOT WAY/KING ARTHUR’S CT
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny 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 following items as part of the Sickletown Woods Subdivision, Orangeburg, NY are hereby accept for dedication as public improvements:
- Culvert Easement
- Deed for Detention Pond
- 20’ Wide Buffer Easement
- 15’ Wide Drainage Easement
- Deed for “Camelot Way” and “King Arthur’s Court”
Resolution No. 629 – Continued
and the Town Supervisor or his designee are hereby authorized to execute all transfer documents necessary to effectuate the acceptance of these public improvements, have same recorded with the Rockland County Clerk, and returned for filing with the Town Clerk. The applicant is required to post and the Town hereby accepts the sum of $5,000.00 (Check #51522) to ensure the delivery of final as built plans, monumentation, two concrete covers and clean up related to this project, as well as the sum of $1,150.00 (Check #51523) for sealing of cracks in the roads. Said sums to be released to the applicant only upon successful completion of these items to the satisfaction of DEME and the Town Highway Department, and only to the extent not required to be utilized by the Town for costs incurred to complete these items if necessary.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 630 SET PUBLIC HEARING TO APPROVE PROPOSED LOCAL LAW/AMEND
CHAPTER 39,§39-5.1/FIRE LANES
Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that a public hearing to consider approving a proposed Local Law amending Town of Orangetown Town Code Chapter 39, Section 5.1, entitled “Fire Lanes” is scheduled for November 23, 2010 at 8:00 p.m.
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 631 APPROVE INTER-MUNICIPAL AGREEMENT/SOUTH ORANGETOWN CENTRAL SCHOOL DISTRICT
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the approval of the Town Attorney’s Office, the Town Supervisor is hereby authorized to sign the Inter-Municipal Agreement with the South Orangetown Central School District for the use of certain school buildings and fields for the term of July 1, 2010 through June 30, 2015.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 632 AUTHORIZE LOWER GRAND VIEW PUMPING STATION/APPROVE EASEMENT/VANDERVELDE/PALUCK
Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
WHEREAS, the Orangetown Sewer Department Lower Grand View Pumping Station requires upgrades;
WHEREAS, in order to accomplish these upgrades it is necessary to purchase a temporary and permanent easement from the property owner at 217 River Road, Village of Grandview-on-Hudson and a temporary easement from the property owner at 213 River Road, Grandview-on-Hudson;
Resolution No. 632 – Continued
WHEREAS, the owner of the property at 217 River Road is the Lee Vandervelde Trust; and
WHEREAS, the owner of the property at 213 River Road is Ellen D. Paluck; and
WHEREAS, the easements are necessary for access to conduct the work as well as to continue to adequately maintain the pumping station, and for the placement of a valve vault as well as other construction; and
WHEREAS, the Orangetown Department of Environmental Management and Engineering has determined that $18,000.00 is the fair and reasonable value of the easement for the Vandervelde Trust easement; and
WHEREAS, the Orangetown Department of Environmental Management and Engineering has determined that $965.00 is the fair and reasonable value of the easement for the Paluck easement; and
WHEREAS, the Town Attorney’s Office and the Department of Environmental Management and Engineering recommend acceptance of the proposed easement agreements;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the payment of $18,000.00 to the Lee Vandervelde Trust in payment for the proposed easement, to be charged to account number H8132.200; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the payment of $965.00 to Ellen D. Paluck in payment for the proposed easement, to be charged to account number H8132.200; and
NOW BE IT FURTHER RESOLVED, that the Town Board authorizes the Director of the Department of Environmental Management and Engineering to execute all documents necessary to effectuate the entering into the proposed easement agreements.
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 633 APPROVE/ELECTRICAL INSPECTOR
STATE WIDE INSPECTION SERVICES
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Building Department and the approval of the Town Attorney, State Wide Inspection Services, Inc., is authorized for work in the Town of Orangetown.
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 634 APPROVE/ACCEPT AMENDMENTS 2011 PRELIMINARY BUDGET/FILE
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and on a roll call was adopted:
RESOLVED, that the word “approved” be amended to “accepted” in the following resolution.
Resolution No. 634 – Continued
RESOLVED, that the following amendments to the 2011 Preliminary Budget are hereby accepted and the 2011 Preliminary Budget is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Maturo, Low-Hogan, Troy
Supervisor Whalen
Noes: Councilperson Diviny
* * *
RESOLUTION NO. 635 ACCEPT AMENDMENTS/2011 PRELIMINARY BUDGET/FILE
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the following amendments to the 2011 Preliminary Budget are hereby accepted and the 2011 Preliminary Budget is received and filed in the Town Clerk’s Office.
| Current | Change | Amended | |
| Retirement | |||
| A9010.800 | $ 675,000 | $ 29,000 | $ 704,000 |
| B9015.800.16 | $ 2,558,000 | $ (188,000) | $ 2,370,000 |
| B9010.800.17 | $ 144,000 | $ 6,000 | $ 150,000 |
| D9010.800.04 | $ 321,000 | $ 14,000 | $ 335,000 |
| D9010.800.05 | $ 309,000 | $ 12,000 | $ 321,000 |
| E9010.800 | $ 122,400 | $ 5,600 | $ 128,000 |
| ER9101.800 | $ 36,600 | $ 1,400 | $ 38,000 |
| G9010.800 | $ 476,000 | $ 20,000 | $ 496,000 |
| Total | $ 4,642,000 | $ (100,000) | $ 4,542,000 |
| Interfund Charges | |||
| B1989.478.16 | $ 1,825,361 | $ (138,361) | $ 1,687,000 |
| B1989.478.17 | $ 282,303 | $ (24,303) | $ 258,000 |
| D1989.478.04 | $ 412,685 | $ (18,685) | $ 394,000 |
| D1989.478.05 | $ 351,898 | $ (18,898) | $ 333,000 |
| E1989.478 | $ 200,626 | $ (13,626) | $ 187,000 |
| ER1989.478 | $ 53,359 | $ (1,359) | $ 52,000 |
| G1989.478 | $ 578,260 | $ 20,740 | $ 599,000 |
| SP.3320.479 | $ 6,327 | $ 2,373 | $ 8,700 |
| Total | $ 3,710,819 | $ (192,119) | $ 3,518,700 |
| Street Lighting | |||
| B5182.455.17 | $ 492,000 | $ (50,000) | $ 442,000 |
| Town Clerk | |||
| A1410.013 | $ 5,000 | $ 18,000 | $ 23,000 |
| Justice | |||
| A1110.015 | $ – | $ 36,000 | $ 36,000 |
| Contingency | |||
| A1990.500 | $ – | $ 64,000 | $ 64,000 |
| Mortatge tax | |||
| A3005 | $ 1,800,000 | $ (100,000) | $ 1,700,000 |
Ayes: Councilpersons Maturo, Low-Hogan, Troy, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 636 AWARD BID/STAMPED ASPHALT
YONKERS PAVING CONCEPTS
Councilman Diviny offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for sealed bids for Stamped Asphalt, which were received and publicly opened on October 14, 2010. The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 10-B-10, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Yonkers Paving Concepts, Yonkers, NY, in the amount of $3,296.00 for 400 S.F. of Crosswalks and $57,680.00 for 7,000 S.F. of Road Pavement, for a total amount of $60,976.00, the only qualified bidder, to be charged to Account # H54100200.
Ayes: Councilpersons Diviny, Maturo, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 637 AWARD RFP/STORM CHAMBERS
WITH ACCESSORIES/HYDROLOGIC
SOLUTIONS
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the RFP for Storm Chambers with Accessories, be awarded to Hydrologic Solutions, Occoquan, VA, in the amount of $3,220.00, the lowest qualified bidder, to be charged to Account #5110.451.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 638 HOLD HARMLESS/INDEMNIFICATION AGREEMENT/BENTLEY/124 SUNSET RD BLAUVELT/RECEIVE AND FILE
Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the fully executed original Hold Harmless and Indemnification Agreement between Walter E. and Patricia A. Bentley and the Town for property located at 124 Sunset Road, Blauvelt is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Troy, Maturo, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 639 APPROVE CONTRACT/GATEWAY ENERGY SERVICES/STREET LIGHTS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Supervisor Whalen and was unanimously adopted:
RESOLVED, that a 24-month contract, with Gateway Energy Services, for electricity supply, for street lights, for an amount not to exceed $.07 per kHz, to be charges to Account Number B5182.455 is hereby approved.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
RESOLUTION NO. 640 FIRE PREVENTION/PERMISSION GRANTED/ARSON/FIRE INVESTIGATION TRAINING
Under new business, Councilman Diviny offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that permission is hereby granted for Douglas Sampath (Fire Prevention) to attend Arson/Fire Investigation Training Seminar, NYS Academy of Fire Science, 600 College Ave, Montour Falls, NY, November 3 – 5, 2010, at a cost of $450.00, to be charged to Acct. No. B3621.441.17.
Ayes: Councilpersons Diviny, Maturo, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 641 ENTERED AUDIT
Councilman Maturo offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 8:13 p.m.
Aye: Councilpersons Maturo, Diviny, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 642 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 for a total amount of $616,829.08.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 643 ENTER EXECUTIVE SESSION
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session at 8:25 p.m.
Ayes: Councilpersons Low-Hogan, Maturo, Troy, Diviny
Supervisor Whalen
Noes: None
Resolution Nos. 644 and 645 see Executive Session.
RESOLUTION NO. 646 ADJOURNMENT
Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Town Board adjourned at 9:30 p.m.
Ayes: Councilpersons Troy, Maturo, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
____________________________________
Charlotte Madigan, Town Clerk