Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MONDAY, APRIL 13, 2009

This Town Board Meeting was opened at 7:37 p.m.  Supervisor Kleiner presided and the Town Clerk called the Roll.  Present were:

 

Councilman Denis Troy

Councilwoman Marie Manning

Councilwoman Nancy Low-Hogan

Councilman Michael Maturo

 

Also present:   Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

John Edwards, Town Attorney

Teresa M. Kenny, First Deputy Town Attorney

Suzanne Barclay, Executive Assistant to the Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Ron Delo, Director of the Dept. of Envtl Management & Engineering

John Giardiello, Director of OBZPAE

Aric T. Gorton, Superintendent Parks-Rec. & Building Maint.

 

Charlotte Madigan, Town Clerk, led the Pledge of Allegiance to the Flag.

 

Charlotte Madigan, Town Clerk, celebrates Earth Day, by “Nurturing Mother Nature” with grades 1-4 artwork.  The artwork is on displayed in Town Hall.

 

John Saccardi, Saccardi & Schiff, was present for any questions by the Town Board regarding the Preliminary Draft Generic Environmental Impact Statement for Redevelopment (DGEIS) of RPC.  He said at this time the Town Board needs to deem, by resolution, that the document is complete and that it addresses the DGEIS scope that the Town Board adopted in June.  Two public hearings are set for May 7^th at noon and May 18^th at 7:30 p.m. to hear public comments.  After 30 days of accepting comments, the Town Board will review again for adoption of the final statement.

 

RESOLUTION NO. 237                                          RPC/ACCEPTING DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR ZONING RPC-H

 

Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

Resolution of the Town Board of the Town of Orangetown, As Lead Agency Under SEQRA, Accepting as Adequate and Complete For the Purpose of Commencing Public Review, the Draft Generic Environmental Impact Statement For the Zoning Text Amendment Establishing the RPC-H Zoning District and the Conceptual Plan for the Proposed Redevelopment of the Lands Within That Zoning District and  Scheduling a Joint Public Hearing on the DGEIS and on the Zoning Text Amendment, Creating the RPC-H Zoning District 

 

            WHEREAS, by previous resolution, the Town Board, acting as Lead Agency under the State Environmental Quality Review Act for the proposed zoning text amendment, creating a new RPC-H zoning district encompassing a portion of the lands formerly a part of the Rockland Psychiatric Center and the eventual re-development of the lands in and about the newly created zoning district, adopted and issued a Positive Declaration with respect to the proposed action, and further directed that there be prepared a Generic Environmental Impact Statement (“GEIS”); and

 

 

 

Resolution No. 237 – Continued

 

WHEREAS, the Town Board, also by previous resolution, and following two public hearing sessions on a Draft Scope, adopted a Final Scope for the said GEIS, identifying all of the potential significant adverse impacts that may result from the proposed action; and

 

WHEREAS, the Town Board has now received from Saccardi & Schiff, Inc., its planning and development consultant, a Draft Generic Environmental Impact Statement (“DGEIS”), addressing the potential impacts identified in the Final Scope; and

 

WHEREAS, the Town Board, together with its technical advisers, have reviewed the DGEIS for completeness in the light of the Final Scope,

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board determines that the information set forth in the DGEIS is complete with respect to scope, content and adequacy for the purpose of commencing public review pursuant to Article 8 of the N.Y. S. Environmental Conservation Law, the State Environmental Quality Review Act (“SEQRA”);

 

AND BE IT FURTHER RESOLVED, that a joint public hearing on DGEIS and on the  proposed zoning text amendment, creating the RPC-H zoning district, shall be held before the Town Board on May 7, 2009, at 12 o’clock noon, and May 18, 2009, at 7:30 p.m., at the Orangetown Town Hall, 26 Orangeburg Road, Orangeburg, New York  10962;

 

AND BE IT FURTHER RESOLVED, that the attached Notice of Completion of Draft Generic Environmental Impact Statement and Notice of Public Hearing under the provisions of SEQRA be filed, circulated and published in the Official newspaper of the Town of Orangetown at least 15 days in advance of such hearing and that the DGEIS be filed and circulated in accordance with the requirements of 6 N.Y.C.R.R. Part 617.12 of SEQRA.

 

Ayes:         Councilpersons Troy, Manning, Low-Hogan, Maturo

Supervisor Kleiner

Noes:         None

 

 

STATE ENVIRONMENTAL QUALITY REVIEW ACT

NOTICE OF COMPLETION OF DRAFT GENERIC

ENVIRONMENTAL IMPACT STATEMENT AND PUBLIC HEARING

 

Town of Orangetown Zoning Text Amendment and

Redevelopment of Property Formerly a Part of the Rockland Psychiatric Center

 

April 13, 2009

 

Lead Agency:           

 

            The Town Board of the Town of Orangetown

Orangetown Town Hall

26 Orangeburg Road

Orangeburg, New York  10962

 

 

This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law of the State of New York.

 

A Draft Generic Environmental Impact Statement (“DGEIS”) has been completed and accepted for the proposed action described below.  Comments are requested and will be accepted by Town Supervisor Thom Kleiner until 5:00 p.m., Thursday, June 18, 2009.  Public hearings on the DGEIS will be held on Thursday, May 7, 2009, at 12:00 o’clock noon and on Monday, May 18, 2009, at 7:30 p.m., at the Orangetown Town Hall, 26 Orangeburg Road, Orangeburg, New York 10962.

 

Title of Action:

           

Zoning Text Amendment Creating a New RPC-H Zoning District and the Eventual Redevelopment of Properties Within the Said Zoning District.

 

Description of the Action:

                       

The proposed action consists of (1) the adoption of a zoning text amendment, creating the Rockland Psychiatric Center Housing (“RPC-H”) zoning district, encompassing portions of the property formerly a part of the N.Y.S. Rockland Psychiatric Center, in the Town of Orangetown, County of Rockland, state of New York, consisting of approximately 143 acres; (2) and the eventual remediation and re-development of the said property, consistent with the Town’s Comprehensive Plan, with a mixture of age restricted and non-age restricted housing, recreation amenities and open space.

 

The presently contemplated area affected by the action includes lands improved with existing buildings and other structures that will have to be removed, as well as a Town owned golf course portions of which may be reconfigured in redevelopment.

 

Location:

                       

The proposed action will affect property located predominantly on the northern, southern and eastern portions of the lands formerly a part of the Rockland Psychiatric Center acquired by the Town of Orangetown from the State of New York on or about January 22, 2003.  The said property is located largely to the north of Old Orangeburg Road and to the south of Convent Road, with portions bordering on Lake Tappan, and shown on the Tax Map of the Town of Orangetown as a part of SBL 73.12-1-3, 73.08-1-1 and 74.05-1-1, as well as other lands located to the south of the above referenced lands between Old Orangeburg Road and Veterans Memorial Drive, adjacent to, or in the vicinity of, Blaisdell Road, and shown on the Tax Map of the Town of Orangetown as a part of  SBL 73.12-1-7 and 73.12-1-5.

 

Potential Environmental Impacts Addressed:

 

            (i)           Land Use and Zoning Impacts

(iv)              Stormwater Management

(v)                Utilities (Water, Sanitary, Other)

(vi)              Community Facilities

 

(1)               Emergency Services

(2)        Schools

 

(vii)             Recreation and Senior Services

(viii)           Solid Waste

(ix)               Fiscal Impacts, Including Taxes and Jobs

(x)                 Traffic and Transportation

(xi)               Air Quality

(xii)             Cultural Resources

(xiii)           Adverse Impacts that Cannot Be Avoided, Both Long-term and Short-term

(xiv)           Irreversible and Irretrievable Resources

(xv)            Alternatives to the Action

(xvi)           Growth Inducement

(xvii)         Future Site Specific Reviews

 

A copy of the DGEIS may be obtained from:

 

Contact Person:           Town Supervisor Thom Kleiner

Town Hall, Town of Orangetown

26 Orangeburg Road

Orangeburg, New York  10962

(845) 359-5100

 

The DGEIS may be viewed at:  www.orangetown.com

Copies of this Notice Are Being Sent to:

 

Robert Dell, Chair

Town of Orangetown Planning Board

Greenbush Road

Orangeburg, NY  10962

 

Jack Messina, Chair

Town of Orangetown Architecture and Community Appearance Board of Review

Greenbush Road

Orangeburg, NY  10962

 

Guy DeVincenzo, Chair

Town of Orangetown Traffic Advisory Board

Town Hall

26 Orangeburg Road

Orangeburg, NY  10962

 

Chief Chris Jackson

Orangeburg Fire Department

61 Dutch Hill Road

Orangeburg, NY  10962

 

Salvatore Corallo, Commissioner

Rockland County Department of Planning

50 Sanatorium Road – Building T

Pomona, NY  10970

 

Joan H. Facelle, M.D., M.P.H., Commissioner

Rockland County Health Department

Robert L. Yeager Health Center

Building D-Sanatorium Road

Pomona, NY  10970

 

Charles H. Vezzetti, Superintendent of Highways

Rockland County Highway Department

23 New Hempstead Road

New City, NY  10956

 

Joseph F. Durkin, Director, Real Property

Dormitory Authority of the State of New York

515 Broadway

Albany, NY 12207-2864

 

 

Mary Ann Miller

U.S. Army Corps of Engineers

26 Federal Plaza, Room 1937

New York, NY  10278

 

Edward J. Killeen

Director, Administrative Support Services Group

N.Y.S. Office of Mental Health – CDPC – Unit Q

75 New Scotland Avenue

Albany, NY 12208

 

 

Willie Janeway, Regional Director

Region 3 – NYS Dept. of Environmental Conservation

21 South Putt Corners Road

New Paltz, NY  12561-1696

 

Joan Dupont, P.E., Region 8 Director

New York State Department of Transportation

4 Burnett Boulevard

Pougkeepsie, NY  12603-2594

 

Edward Devine, Executive Director

Rockland County Drainage Agency

23 New Hempstead Road

New City, NY  10956

 

John T. Dillon, Esq.

United Water

200 Old Hook Road

Harrington Park, NJ  07640

 

James Hall, Executive Director

Palisades Interstate Parkway Commission

Bear Mountain, NY  10911-0427

 

Ken Markunas

N.Y.S. Office of Parks, Recreation and Historic Preservation

Peebles Island State park

P.O. Box 189

Waterford, NY 12188-0189

 

James H. Bopp, Director

Rockland Psychiatric Center

140 Old Orangeburg Road

Orangeburg, NY  10962

 

Harold Koplewicz, M.D., Director

Nathan S. Kline Institute

140 Old Orangeburg Road

Orangeburg, NY  10962

 

Mark Mauriello, Commissioner

New Jersey Department of Environmental Protection

401 East State Street, 7^th Floor, East Awing

P.O. Box 402

Trenton, NJ  08625

 

Stephanie Bortnyk, Esq.

1. Hovnanian Companies of New York Inc.

110 Fieldcrest Avenue

Edison, NJ 08818

 

Environmental Notice Bulletin

50 Wolf Road, Room 538

Albany, New York 12233-1750

 

Any other person who may request a copy

 

* * *

RESOLUTION NO. 238                                          OPEN PH/BUILDING CONSTRUCTION ADMINISTRATION/CHAPTER 6 SECTION 6.8/APPLICATION FOR BUILDING PERMIT/ENERGY STAR CONSTRUCTION

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

Resolution No. 238 – Continued

 

RESOLVED that the 8:00 p.m. public hearing to consider a proposed local law amending the Town Code of the Town of Orangetown entitled “Building Construction Administration”, Chapter 6, Section 6.8, “Application for Building Permit” (Energy Star Construction) is hereby opened.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

 

Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 04-A-09 and made a part of these minutes.

 

Supervisor Kleiner said this local law is being proposed so that new construction will be built according to NYS Energy Star Construction requirements.  Energy Star Construction is used to protect the public health, safety and welfare of residents, it protects our environment and it saves energy throughout the lifetime of the home.

Comments from Rockland County Planning Department are labeled Exhibit 04-B-09 and are also made a part of these minutes.

 

Summary of public comments:

Andrew Wiley, Pearl River, asked if the Town is exceeding its authority with regard to state building codes and he believes this will be an additional cost to the applicant.

Martin Ryan, Piermont, is in favor of this local law.  Energy Star is a proven and effective way to save money over the lifetime of a home.

 

RESOLUTION NO. 239                                          CLOSE PUBLIC PORTION/BUILDING CONSTRUCTION ADMINISTRATION APPLICATION FOR BUILDING PERMIT ENERGY STAR CONSTRUCTION

 

Councilman Maturo 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 Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

 

RESOLUTION NO. 240                                          DESIGNATION OF LEAD AGENCY BUILDING CONSTRUCTION ADMINISTRATION/APPLICATION FOR BUILDING PERMIT/ENERGY STAR CONSTRUCTION

 

Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the Town of Orangetown hereby declares itself Lead Agency in this matter.

 

Ayes:         Councilpersons Maturo, Troy, Manning, Low-Hogan

Supervisor Kleiner

Noes:         None

 

 

RESOLUTION NO. 241                                          NEGATIVE SEQRA DECLARATION

 

Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

Resolution No. 241 – Continued

 

RESOLVED, that a negative SEQRA Declaration is hereby adopted; a copy is labeled Exhibit 04-C-09 and made a part of these minutes.

 

Ayes:         Councilpersons Manning, Troy, Low-Hogan, Maturo

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 242                                          ADOPT LL/ BUILDING CONSTRUCTION ADMINISTRATION CHAPTER 6 SECTION 6.8/ APPLICATION FOR BUILDING PERMIT/ENERGY STAR CONSTRUCTION

 

Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that a local law amending the Town Code of the Town of Orangetown entitled “Building Construction Administration”, Chapter 6, Section 6.8, “Application for Building Permit” (Energy Star Construction) is hereby adopted.

 

Ayes:         Councilpersons Maturo, Troy, Manning, Low-Hogan

Supervisor Kleiner

Noes:         None

 

LOCAL LAW NO. 3,  2009 OF THE TOWN OF ORANGETOWN,

AMENDING CHAPTER 6 OF THE TOWN CODE RELATING

TO BUILDING CONSTRUCTION ADMINISTRATION

 

Be it enacted by the Town Board of the Town of Orangetown as follows:

 

Section 1.  § 6-8.B shall be amended as follows:

 

(9)        For new subject dwellings as defined below in section 6-8.1.B, a Town of Orangetown New York ENERGY STAR Building Permit Affidavit.

 

(10)      Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

 

Section 2.  § 6-14 shall be amended as follows:

 

8. For new subject dwellings as defined below in section 6-8.1.B, the owner or agent shall file with the Building Inspector the required New York ENERGY STAR certification documents, as required below by section 6-8.1.F. No certificate of occupancy shall be granted prior to the filing of these documents with the Building Inspector.

 

Section 3.  Chapter 6 shall be amended by adding:

 

• 6-8.1. ENERGY STAR Construction.

 

1. Legislative intent.  The purpose of this law is to protect the public health, safety and welfare of the residents of Orangetown by reducing energy use and greenhouse gas emissions, thus also protecting the integrity of our environment.  The Town recognizes that energy conservation provides not only important environmental benefits, but also reduces the cost of owning a home.  New York ENERGY STAR Labeled Homes offer homeowners a more comfortable and healthier environment, while providing significant savings on monthly energy bills, thereby reducing the costs associated with home ownership, preventing unnecessary economic hardship and strengthening our community.
2. Definitions.

 

As used in this local law, the following terms shall have the meanings indicated:

 

CERTIFIED HOME ENERGY RATER – A Residential Energy Services Network (RESNET) Certified Home Energy Rater listed as being active in the New York State Energy Research and Development Authority (NYSERDA) New York ENERGY STAR Labeled Homes Program.

 

ENERGY STAR CERTIFICATION DOCUMENTS – Documents required to be filed with the Building Inspector prior to the issuance of a certificate of occupancy.  Said documents shall include:

 

1. A certification by a Certified Home Energy Rater that the new subject dwelling satisfies applicable New York ENERGY STAR Labeled Homes requirements.

 

2. An ENERGY STAR Home Report.

 

3. Qualification Forms clearly stating the results of performance testing and Combustion Appliance Zone Safety testing of the entire home.

 

NEW SUBJECT DWELLING – All new single-family dwellings and multi-family dwellings not more than three stories in height, including but not limited to townhouses, provided that said dwellings contain:  (i) a separate means of egress for each unit, (ii) a minimum of one heating facility for each unit, and (iii) a separate primary electric meter for each unit.

 

NEW YORK ENERGY STAR LABELED HOMES REQUIREMENTS – The current minimum requirements necessary for a new subject dwelling to be certified as a New York ENERGY STAR Labeled Home under the New York ENERGY STAR Labeled Homes Program.  The New York ENERGY STAR Labeled Homes Program is operated as part of the state’s Energy Smart program, which is sponsored by the New York State Public Service Commission (PSC) and the New York State Energy Research and Development Authority (NYSERDA).

 

1. The Building Inspector shall maintain the following:

 

1. A document that contains a complete and current description of the New York ENERGY STAR Labeled Homes requirements.

 

2. Town of Orangetown New York ENERGY STAR Building Permit Affidavit forms.

 

3. A list of certified home energy raters active in the New York ENERGY STAR Labeled Homes Program.

 

1. All new subject dwellings shall be built to comply with the current New York ENERGY STAR Labeled Homes requirements.

 

1. All applicants seeking a building permit for a new subject dwelling shall submit a Town of Orangetown New York ENERGY STAR Building Permit Affidavit. This affidavit shall be signed by the applicant and a certified home energy rater.  The affidavit must also be notarized prior to submission.

 

1. Prior to any issuance of a certificate of occupancy, the applicant or owner must file with the Building Inspector the required ENERGY STAR certification documents as defined above in section 6-8.1.B.

 

Section 4.  The provisions of this local law shall take effect immediately upon filing with the Secretary of State.

Summary of Public Comments:

Andrew Wiley, Pearl River, said there has been no public portion regarding the Hovnanian property as far as whether or not the Town even wants to rezone or sell it.  We’re paying $2.4 million for a 15 year contract with Siemens for energy improvements, which can be implemented through department heads, without paying a consultant.

Michael Mandel, Pearl River, is opposed to the revised Siemens’ contract, which is not posted on the website and the original has been removed.  The Town Board should include in the resolution that any grants received be applied to pay-off the principle.

Norman Schaifer, Tappan, said Orangetown has issued bonds and there is going to be some real problems paying them.  Seniors need relief and this Town needs more transparency and less secrecy.  Orangetown can negotiate with creditors and renegotiate debt and look at filing for Chapter 9 (municipal bankruptcy).

Eileen Larkin, Palisades, is not in favor of a 15-year contract with Siemens.  She does not agree that the Town should be waiving any building permit fees at all this year.

Ann Marie Uhl, Sparkill, requested more signs regarding dogs on a leash, and more garbage cans along the Rail Trail.  She also recommended signage at the fields and tennis courts as to usage procedure.

 

RESOLUTION NO. 243                                          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. 244                                          REAPPOINT/HISTORIC AREA BOARD OF REVIEW/HABOR     SCOTT WHEATLEY

 

Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that W. Scott Wheatley is hereby reappointed to the Historic Area Board of Review for the period of April 13, 2009 through December 31, 2013.

 

Ayes:         Councilpersons Troy, Manning, Low-Hogan, Maturo

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 245                                          REAPPOINT/HISTORIC AREA BOARD OF REVIEW/HABOR     MARGARET E RASO

 

Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that Margaret E. Raso is hereby reappointed to the Historic Area Board of Review for the period of April 13, 2009 through December 31, 2013.

 

Ayes:         Councilpersons Maturo, Troy, Manning, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 246                                          ACCEPT RESIGNATION/ZBA    DIANE DONNELLY

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

Resolution No. 246 – Continued

 

RESOLVED, that the resignation of Diane Donnelly from the Zoning Board of Appeals, effective immediately, is hereby accepted.

 

Ayes:         Councilpersons Low-Hogan, Troy, Manning, Maturo

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 247                                          APPOINT/ZONING BOARD OF APPEALS/ZBA/JOAN SALOMON

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that Joan Salomon is hereby appointed to the Zoning Board of Appeals for the period April 13, 2009 through December 31, 2011.

 

Ayes:         Councilpersons Low-Hogan, Manning, Troy, Maturo

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 248                                          AID/PEARL RIVER SPECIAL EDUCATION PTA

 

Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

 

RESOLVED, that the request of the Pearl River Special Education PTA, for the use of the showmobile on June 5, at a cost of $300 is hereby approved.

 

Ayes:         Councilpersons Manning, Maturo, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 249                                          RPC/ORANGETOWN SOCCER COMPLEX/SELECTIVE INSURANCE SETTLEMENT

 

Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED that the Town accepts as complete the work performed by Selective Insurance Company of America (“Selective”), pursuant to the Completion Agreement between the Town and Selective, as Surety for the contractual obligations of Realife Land Improvement, Inc. (“Realife”) at the Town Soccer Complex, and authorizes final payment to Selective in the amount of $70,000.00, said sum to be paid from the remaining contract balance and retainage in the total amount of $138,145.07.  The remainder of such contract balance and retainage in the amount of $68,145.07 shall be in satisfaction of the following claims in the following amounts:

 

Claimant                      Claim                           Purpose                       Compromised Claim

Town                           $ 33,462.87                 Additional

Engineering Fees         $ 31,654.36

Town / OMM              $ 28,000.00                 Settled ICI Claim       $ 22,302.00

23. Harris, Inc. $ 9,023.00 Damage Repair           $  4,512.00

Town                           $ 9,676.71                   Water Bill                    $   9,676.71

$ 68,145.07

 

And, it is further

 

 

Resolution No. 249 – Continued

 

RESOLVED, that in accordance with a previous Resolution of this Board, authorizing the settlement of the ICI claim in the sum of $28,000.00 with the Town and the Orangetown Mighty

Midgets Athletic Club (“OMM”) sharing said $28,000.00 settlement cost equally, the above referenced sum of $22,302.00 recovered from the surety of Realife shall be shared equally by the Town and OMM, and the Director of Finance is hereby authorized to pay OMM the sum of $11,151.00.

 

Ayes:         Councilpersons Manning, Toy, Low-Hogan, Maturo

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 250                                          AUTHORIZE PERFORMANCE CONTRACT/SIEMENS BUILDING TECHNOLOGIES

 

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and on a roll call FAILED:

 

FAILED to pass by 4-1, a Super Majority vote.

 

A RESOLUTION AUTHORIZING THE TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK, TO ENTER INTO A PERFORMANCE CONTRACTING AGREEMENT WITH SIEMENS BUILDING TECHNOLOGIES, INC. AND AN ENERGY PERFORMANCE CONTRACT LEASE PURCHASE AGREEMENT IN CONNECTION THEREWITH AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO.

 

WHEREAS, the Town of Orangetown, Rockland County, New York (the “Town”) is interested in undertaking an energy performance project (the “Project”) pursuant to an agreement with Siemens Building Technologies, Inc. (“Siemens”) dated as of ____________________, 2009 (the “Agreement”); and

 

WHEREAS, in order to undertake the Project and finance the improvements contemplated in connection with the Project it is necessary to enter into the Agreement with Siemens and a lease purchase agreement and the execution of related documents;

 

NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN BOARD OF TOWN OF ORANGETOWN, ROCKLAND COUNTY, NEW YORK as follows:

 

Section 1.        The Agreement, in substantially the form presented to this Town Board, is hereby approved and the Supervisor is authorized to execute the Agreement subject to any modifications thereto approved by the Town Attorney.

Section 2.        For the purpose of financing the Project, including costs of issuance in connection therewith (or such portion thereof as the Supervisor shall determine to be in the best financial interests of the Town) the execution and delivery of a lease/purchase agreement, in an amount not to exceed $2,475,000 and a rate not to exceed 5.0%, with Real Lease, Inc. (the “Lease”) is hereby authorized.

Section 3.        All other officers, employees and agents of the Town are hereby and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby.

Section 4.        All other matters pertaining to the terms and delivery of the Lease shall be determined by the Supervisor and all powers in connection therewith are hereby delegated to the Supervisor.

Section 5.        This resolution takes effect immediately.

 

Ayes:         Councilpersons Manning, Low-Hogan, Supervisor Kleiner

Noes:         Councilpersons Troy, Maturo

 

The Town Board plans to review this contract further and may vote again regarding this contract, within the next 30 days.

RESOLUTION NO. 251                                          COMBINE ITEMS

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that agenda items twelve (12) threw twenty-four (24), expect item 19 and 22, are hereby combined.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 252                                          HWY/PERMISSION GRANTED     EMPIRE STATE LAW ENFORCEMENT TRAFFIC SAFETY CONFERENCE

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that permission is hereby granted to James Dean to attend as a guest speaker the Empire State Law Enforcement Traffic Safety Conference, May 5-6, 2009, Syracuse, NY at a cost of $144 to be charged to Acct. No. 0441/0480.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 253                                          RECEIVER OF TAXES/PERMISSION GRANTED/NYS ASSOCIATION OF TAX RECEIVERS & COLLECTORS

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that permission is hereby granted to Robert R. Simon to attend the NYS Association of Tax Receivers & Collectors Annual Training Seminar, June 14-17, 2009, Glens Falls, NY at a cost of $880.00 to be charged to Acct. No. /0441/0480.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 254                                          APPROVE/LETTER EXTENSION AGREEMENT/NOBLE NINTH            SUMMER DAY CAMP

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that the Letter of Extension Agreement with the Noble Ninth, Inc., dated March 16, 2009, for use of the Noble Ninth’s picnic grounds for the Town of Orangetown’s 2009 Summer Day Camp Program from July 6, 2009 through August 14, 2009 under the same terms and conditions as set forth in a certain agreement entered into between the Town of Orangetown and the German Masonic Home Corporation dated May 18, 1991, which is received and filed in the Town Clerk’s Office, is hereby approved.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

RESOLUTION NO. 255                                          PERFORMANCE BOND EXTENSION ROUTE 9W GOLF SUBDIVISION

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Planning Board (PB 2009-12), the Town Highway Department, DEME and the Town Attorney’s Office, the Board hereby agrees to extend to September 11, 2010, the term of the Subdivision Performance Bond No. 08821738 in the sum of $882,469.50 from Lennar, New York, LLC as “principal” and Fidelity and Deposit Company of Maryland, as “Surety”, in favor of the Town of Orangetown, as “Obligee”, in connection with a certain subdivision known as the “Route 9W Golf Subdivision”, and which said Performance Bond is dated February 24, 2006 and originally accepted, received and filed pursuant to Town Board Resolution 2006-254.  The Surety has agreed to extend its obligations to September 11, 2010, by way of a “Verification Certificate” dated March 13, 2009, which Verification Certificate is hereby accepted, received and filed in the Town Clerk’s Office.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 256                                          RELEASE PERFORMANCE BOND ESTATE OF MARIE DEXTER GRIFFTH SUBDIVISION/HEGARTY HOMES

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Planning Board (PB 2005-14), the Town Highway Department, DEME and the Town Attorney’s Office, the Board hereby authorizes the release of the Hegarty Homes, Inc., Performance Bond related to the “Estate of Marie Dexter Griffth Subdivision (68.19-4-28)” in the amount of $29,208.00, which was posted with the Town pursuant to PB 2000-47.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 257                                          TAX CERTIORARI SETTLEMENT           THE DIME SAVINGS BANK OF NY WASHINGTON MUTUAL SAVINGS  

 

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’s office and the Assessor, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Consent Judgment regarding the tax certiorari proceeding The Dime Savings Bank of New York, FSB (1996/97 – 2002/30); Washington Mutual Savings Bank (2003/4 – 2007/8) v. The Assessor(s) of the Town of Orangetown, et ano., Tax Map designation 77.15-2-47 for the tax assessment year 1996 through 2007, for a total refund by the County of $782, and for a total refund by the Town of $4,358.  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 Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 258                                          TAX CERTIORARI SETTLEMENT           MANHATTAN WOODS ENTERPRISES

 

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’s office and the Assessor, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Consent Judgment regarding the tax certiorari proceeding Manhattan Woods Enterprises LLC v. Brian Kenney, et ano.  Lots issued Tax Map Designations 69.06-2-24; 64.18-2-75 are discontinued with prejudice  for the tax assessment years 2004 through 2008 and Tax Map Designation 69.11-1-1 for the tax assessment years 2004 through 2008, is settled for a total refund by the County of $33,248, and for a total refund by the Town of $130,267.  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 Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 259                                          APPROVED/CERTIFICATE OF REGISTRATION TO PERFORM SEWER WORK FOR 2009

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Director of the Department of Environmental Management and Engineering and the Town Attorney, Tappan Landscaping, Inc., 22 Greywood Drive, Tappan is hereby approved for a Certificate of Registration for 2009 to perform sewer work.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 260                                          POLICE/PERMISSION GRANTED EMPIRE STATE LAW ENFORCEMENT TRAFFIC SAFETY CONFERENCE

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that permission is hereby granted to one police officer to attend the Empire State Law Enforcement Traffic Safety Conference, May 5-6, 2009, in Syracuse, NY at a cost of $248 to be charged to Acct. B/3120/50441/0480.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 261                                          ACCEPT TOWN BOARD MINUTES

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, the March 9, 2009 Regular Town Board Meeting, Audit Meeting and Executive Session minutes; the March 16, 2009 Audit Meeting and Executive Session minutes; the March 20, 2009 Special Town Board Meeting minutes; the March 23, 2009 Regular Town

Resolution No. 261 – Continued

 

Board Meeting, Audit Meeting and Executive Session minutes; and the March 30, 2009 Special Town Board Meeting minutes are hereby accepted.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 262                                          ANNUAL FINANCIAL REPORT TAPPAN FIRE DISTRICT                             RECEIVE/FILE

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, the Annual Financial Report, ending 12/31/08 for the Tappan Fire District is received and filed in the Town Clerk’s Office.

 

Ayes:         Councilpersons Maturo, Manning, Troy, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 263                                          APPROVE/SOUTH ORANGETOWN LITTLE LEAGUE/PAT LINEHAN SIGN

 

Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

 

RESOLVED, that the request from the South Orangetown Little League to name part of a walkway, “Pat Linehan Way” is hereby approved.

 

Ayes:         Councilpersons Troy, Maturo, Manning, Low-Hogan

Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 264                                          ENTER AUDIT

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that the Town Board entered the Audit Meeting at 9:30 p.m.

 

Ayes:         Councilpersons Low-Hogan, Manning, Troy, Maturo

Supervisor Kleiner

Noes:         None

* * *

 

RESOLUTION NO. 265                                          PAY VOUCHERS

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilwoman Manning 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

District, Special Parking and Capital Projects Funds in the amount of $2,280,256.09.

 

Ayes:               Councilpersons Low-Hogan, Manning, Troy, Maturo

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 266                                          ADJOURNMENT

 

Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the Town Board adjourned, in memory of Isabel E. DeZago, Orangeburg, Peggy Lee Moller, Pearl River, John Paci, Sr., Blauvelt, Ed O’Dea, Pearl River, Thomas Fitzpatrick, Pearl River and Ann Marie Moffett-Garrity, Nanuet, at 9:38 p.m.

 

Ayes:               Councilpersons Maturo, Troy, Manning, Low-Hogan

Supervisor Kleiner

Noes:               None

 

 

 

 

 

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Charlotte Madigan, Town Clerk