TOWN OF ORANGETOWN REGULAR TOWN BOARD MEETING TUESDAY, OCTOBER 8, 2013
This Town Board Meeting was opened at 7:30 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
Bert Von Wurmb, Building Inspector
Aric Gorton, Superintendent of Parks and Recreation
Charlotte Madigan led the Pledge of Allegiance to the Flag.
Stephen Hartnett from the NYS Department of Taxation and Finance explained that new legislation for the STAR exemption requires all homeowners receiving the Basic STAR exemption to register with the Tax Department. The purpose is to ensure that benefits only go to qualified homeowners, to eliminate intentional fraud and unintentional duplicate exemptions.
Darrell Butler, a New York Army National Guard Sergeant, along with his wife, Elena, presented a flag to the Town of Orangetown. Darrell, an Orangetown employee, presented this flag to show his gratitude for the overwhelming support he received while he was deployed. This American flag was flown in the Candleheart Airfield in Afghanistan.
Summary of Public Comments:
Eileen Larkin, Palisades, attended, along with over 1,000 others, the United Water’s Desalination Plant hearing. At this hearing, it was indicated that Orangetown is going to see major increase in water usage from the development of Pfizer, RPC and the Bloomberg Center. Everyone is against the desalination plant and the cost being extremely prohibitive.
RESOLUTION NO. 447 CLOSE PUBLIC COMMENTS
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 448 CORNELL COOPERATIVE EXTENSION/MS4 REQUIREMENTS COMMUNITY-WIDE EDUCATION
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
Resolution No. 448 – Continued
RESOLVED, that upon the recommendation of the Commissioner of DEME, the annual contract with Cornell Cooperative Extension, for the Town’s MS4 requirements, to provide community-wide education, is approved at a cost of $5,440.00, payable within 60 days after receiving the invoice.
Ayes: Councilpersons Valentine, Troy, Diviny, Morr
Supervisor Stewart
Noes: None
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RESOLUTION NO. 449 COMBINE AGENDA ITEMS
Councilman Troy offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED that agenda items 1 thru 7 are hereby combined.
Ayes: Councilpersons Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
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RESOLUTION NO. 450 WYETH HOLDINGS CORPORATION TAX CERTIOARI SETTLEMENT ASSESSMENT ROLLS 2010 AND 2013
Councilman Troy offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED that upon the recommendation of the Town Attorney’s Office and the Assessor, approve the settlement of pending tax certiorari proceedings by Wyeth Holdings Corporation v. Assessor of the Town of Orangetown, et al., for assessment years 2010 and 2013, with a refund to be paid by the Town in the amount of $1,727,841.79 for assessment year 2010, and with no refund to be paid for assessment year 2013, and a refund to be paid by the County of Rockland in the amount of $1,187,313.26 for assessment year 2010, and with no refund to be paid for assessment year 2013. The proceedings against the Nanuet School District for the said assessment years have been separately settled by the District.
Ayes: Councilpersons Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 451 MA TOV CHARITABLE FOUNDATION (76.08-1-5)/TAX CERTIORARI SETTLEMENT
Councilman Troy offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, Dennis Michaels, Deputy Town Attorney, is approved and authorized to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Ma Tov Charitable Foundation v. Town of Orangetown, et al., Tax Map designation 76.08-1-5, for the tax assessment years 2011 and 2012, for a total refund by the County of $3,747, a total refund by the Town of $9,202 and a total refund by the School District of $36,333. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served on the Town.
Ayes: Councilpersons Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
RESOLUTION NO. 452 INDUSTRIAL SERVICE UNIFORMS AMERICAN WEAR UNIFORMS AWARD BID
Councilman Troy offered the following resolution, which was seconded by Councilman Valentine 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 September 19, 2013; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet are labeled Exhibit 09-A-13, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to American Wear Uniforms East Orange, NJ, the lowest qualified bidder, at a price of $1.89 per employee, per week for a two (2) year contract period.
Ayes: Councilpersons Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
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RESOLUTION NO. 453 PERMISSION GRANTED/GREEN INFRASTRUCTURE/WET WEATHER WATER & SAFER COMMUNITIES
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that upon the recommendation of the Commissioner of DEME, permission is granted to Joseph Moran and Bruce Peters to attend the conference on Green Infrastructure for Wet Weather: Cleaner Water & Safer Communities, at a cost of $100.00 per person for a total cost of $200.00.
Ayes: Councilpersons Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 454 WOOD CHIPPER 12” DISC WESTCHESTER TRACTOR INC/AWARD BID
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
WHEREAS, the Superintendent of Parks and Recreation duly advertised for sealed bids for a Wood Chipper-12” disc, which were received and publicly opened on September 26, 2013; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet are labeled Exhibit 09-B-13, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Westchester Tractor Inc. of Brewster NY, the lowest qualified bidder, in the amount of $24,972.00.
Ayes: Councilpersons Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 455 28 ROUTE 303/REALTY CORP/JOHN HOWARD CHO/NYS SUPREME COURT CODE VIOLATIONS
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
Resolution No. 455 – Continued
RESOLVED that the Town Board authorizes the Office of Building, Zoning & Planning Administration & Enforcement, and the Office of the Town Attorney, to file/commence an action or proceeding against 28 Route 303 Realty Corp. And John Howard Cho, in NYS Supreme Court, Rockland County, pursuant to NYS Town Law §268 (2), seeking a Court Order and/or Judgment granting a preliminary and/or injunction to restrain, prevent, correct and/or abate violations of the Code of the Town of Orangetown, including, but not necessarily limited to, property maintenance, building, zoning and fire code regulations, on the basis that 28 Route 303, Tappan (77.15-1-44), has continuously, since on or about 03/22/2011, violated Orangetown Code § 6A-3 and §24C-6(A).
Ayes: Councilpersons Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
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RESOLUTION NO. 456 APPOINT POLICE MATRON GERALDINA SCHIAVONE
Supervisor Stewart ffered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Police Chief, Geraldina Schiavone is hereby appointed a Police Matron, part-time, at the hourly wage of $25.00 per hour, effective October 8, 2013.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 457 2013-2014 EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES CONTRACT/NYACK HOSPITAL
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED that the 2013-2014 Employee Assistance Program (EAP) Services Contract, with a decrease, from $10,175.00 to $9,287.00, (decrease of $888.00) is hereby accepted.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 458 APPROVE/RELEASE BID DOCUMENTS FOR SNOW REMOVAL AT CORTWOOD VILLAGE SENIOR HOUSING COMPLEX
Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town Board approves the release of the bid specification documents for Snow Removal at Cortwood Village Senior Housing Complex.
Ayes: Councilpersons Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
RESOLUTION NO. 459 STATEMENT OF CASH RECEIPTS CASH DISBURSEMENT/CASH BALANCES/INDEPENDENT AUDITOR’S REPORT/JUSTICE COURT/RECEIVED AND FILED
Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Statement of Cash Receipts, Cash Disbursement and Cash Balances with Independent Auditors’ Report, year ended December 31, 2012, for Orangetown Justice Court is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, Diviny, Troy, Valentine
Supervisor Stewart
Noes: None
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RESOLUTION NO. 460 RESIGNATION/ALEX DIMENNA ARCHITECTURE AND COMMUNITY APPEARANCE BOARD OF REVIEW
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the resignation of Alex DiMenna from the Architecture and Community Appearance Board of Review (ACABOR), effective November 15, 2013, is hereby accepted with regret.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 461 AUTHORIZE/PAY VOUCHERS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy 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 $514,166.08.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 462 ENTER EXECUTIVE SESSION PERSONNEL MATTER
In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, Charlotte Madigan, John Edwards, Teresa Kenny, Jeff Bencik, Donna Morrison, and Alan Ryff.
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session to discuss a personnel matter that has potential for a lawsuit, at 8:20 p.m. Supervisor Stewart said no further votes will be taken.
Ayes: Councilpersons Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
RESOLUTION NO. 463 RE-ENTER/RTBM ADJOURNED/MEMORY
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Jennifer Feiertag, a dedicated employee and an Orangeburg resident; and Francis Moran, Pearl River, at 9:05 p.m.
Ayes: Councilpersons Valentine, Troy, Diviny, Morr
Supervisor Stewart
Noes: None
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Charlotte Madigan, Town Clerk