Teresa M. Kenny
Supervisor
Phone:
(845) 359-5100
Email:
Meeting - Town Board Meeting February 23, 2010 Executive Session (View All)
Overview
Documents
Meeting Members
| Date | Name | Group(s) | Type | Approved | File |
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| 02/23/2010 | Town Board Meeting February 23, 2010 | Town Board | Minutes |
Meeting Members
Meeting Overview
| Scheduled: | |
| Group(s): | Town Board |
| Location: |
| Documents | Type | File |
|---|---|---|
| Town Board Meeting February 23, 2010 | Minutes |
EXEC
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TOWN OF ORANGETOWN
EXECUTIVE SESSION
TUESDAY, FEBRUARY 23, 2010
The Town Board entered this Executive Session from the Audit 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
Charles Richardson, Director of Finance
RESOLUTION NO. 159 ENTER EXECUTIVE SESSION LEGAL ISSUES/PERSONNEL
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session to discuss a legal and personnel matter, at 9:20 p.m.
Ayes: Councilpersons Maturo, Low-Hogan, Troy, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 160 REENTERED RTBM
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board re-entered the Regular Town Board Meeting at 10:05 p.m.
Ayes: Councilpersons Maturo, Low-Hogan, Troy, Diviny
Supervisor Whalen
Noes: None
____________________________________
Charlotte Madigan, Town Clerk
NORMAL
TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, FEBRUARY 23, 2010
This Town Board Meeting was opened at 7:37 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
Ron Delo, Director of the Dept. of Envtl Management & Engineering
Robert Simon, Receiver of Taxes
John Giardiello, Director of OBZPAE
Aric T. Gorton, Superintendent Parks-Rec. & Building Maint.
Esta Baitler led the Pledge of Allegiance to the Flag.
Summary of Public Comments (RTBM):
Michael Mandel, Pearl River, spoke about Police matters regarding training. He questioned the retainer with Keane and Beane and he is in favor of Tallman State park staying opened.
Esta Baitler, Consumer Advocate for Cathy Lukens Home, said the 2nd Deputy Supervisor deserves a chance. He is doing work for the Town at no cost.
Annmarie Uhl, Sparkill, spoke about Orange and Rockland tree trimming of black spruce trees and if there has been any communication with them. She asked about sidewalks along Oak Tree Road.
Janet Hoffman, Blauvelt, said the train horn does not have to be blown to announce a train is passing through the area. It is intrusive on people’s personal lives.
Jim Castagna, Sparkill, asked for support in restoring the Sparkill commuter parking lot back to a park.
Andrew Wiley, Pearl River, spoke about his class action lawsuit against the Assessor.
Watson Morgan, Blauvelt, is against Tallman park closing and he believes now may be an opportunity for the Town to control Tallman park.
RESOLUTION NO. 136 CLOSE PUBLIC COMMENTS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 137 APPROVE REQUEST/JOHN PAULDING ENGINE CO. NO. 1/SHOWMOBILE
Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the request of the John Paulding Engine Co. No. 1 (Sparkill Fire Department), for the use of the Town Showmobile May 1, 2010, 6:00 – 11:00 PM, for a rental fee of $350.00 is hereby approved.
Ayes: Councilpersons Maturo, Troy, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
RESOLUTION NO. 138 SET PUBLIC HEARING/APPROVE SITE DESIGNATION/EMPIRE ZONE BRADLEY CORPORATE PARK PARCEL ID 70.06-1-1.12
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney a public hearing is scheduled for March 9, 2010 at 8:05 p.m. to receive public comment on a concurring resolution to amend the Rockland County Empire Zone boundaries to allow for designation of land as a Regionally Significant Project through the Empire Zone Program. The Aerco International Project meets the criteria and is to be located at Tax Parcel ID 70.06-1-1.12, in Bradley Corporate Park.
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 139 APPROVE FEE SCHEDULE REHABILITATION/MEDICINE ASSOCIATES/POLICE GML207-C
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, the following fee schedule for Rehabilitation Medicine Associates is hereby approved:
WHEREAS, the Town and the Orangetown PBA were parties to an arbitration proceeding that resulted in the issuance of an Interest Arbitration Award dated June 20, 2007; and
WHEREAS, such Interest Arbitration Award directed the parties to “implement for all current and future disputes the General Municipal Law Section 207-c procedure presently in use by the County of Westchester;” and
WHEREAS, the G.M.L. Section 207-c procedure used by Westchester County requires the Officer be examined at Rehabilitation Medicine Associates, 301 Main Street, Bay Shore, New York, in certain enumerated situations;
NOW, THEREFORE, BE IT RESOLVED, that the Town hereby approves the fee schedule attached hereto for services to be rendered by Rehabilitation Medicine Associates and approves payment of same upon presentment of a duly signed voucher for services actually rendered.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 140 POLICE/APPROVE RETAINER KEANE & BEANE
Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, the retainer Agreement with Keane & Beane, P.C, to provide legal advice and services to the Town with regard to labor and employment issues at a rate of $225.00 per hour on an “as requested” basis is approved and the Supervisor is authorized to sign the Agreement, to be charged to Account No. MS171049/50457.
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noes: None
RESOLUTION NO. 141 SET PUBLIC HEARING/LOCAL LAW GRAFFITI
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, Superintendent of Highways, Superintendent of Parks & Recreation, Director of OBZPAE, and the Police Department, public hearing is scheduled for March 23, 2010 at 8:10 p.m. to consider a Local Law for “Graffiti”.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 142 SET PUBLIC HEARING/LOCAL LAW SIDEWALK MAINTENANCE
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, Superintendent of Highways, Superintendent of Parks & Recreation, Director of OBZPAE, and the Police Department, a set public hearing is scheduled for March 23, 2010 at 8:15 p.m. to consider Local Law for “Sidewalk Maintenance”.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 143 APPROVE 2009 BUDGET TRANSFERS
RECOMMENDED BY EXTERNAL AUDITORS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the following 2009 budget transfers, as recommended by Town auditors, are hereby approved.
| Final Budget Transfers/Amendments | |||||||||
| Year Ended December 31, 2009 | |||||||||
| Increase | Decrease | ||||||||
| Debt Service | |||||||||
| EFC Charges | V1380493 50457 | $ | 116,841 | $ | |||||
| RPC Principal | V9710840 50600 | 104,000 | |||||||
| RPC Interest | V9710840 50700 | 104,000 | |||||||
| EFC Interest | V979007 50700 | 116,841 | |||||||
| General Fund | |||||||||
| BAN Interest | A9730007 50700 | $ | 98,704 | $ | |||||
| BAN Principal | A9730006 50600 | 72,500 | |||||||
| Sidewalk repairs | A5410004 50457 | 171,204 | |||||||
| Special Districts Fund | |||||||||
| Fund Bal | SW599 (Water) | $ | 10,498 | $ | |||||
| Hydrants | SW832004 50457 (Water) | 10,498 | |||||||
| Fund Balance | SW599 (Fire) | 5,956 | |||||||
| Blauvelt FD Insur | SW341004 50457 (Fire) | 5,956 | |||||||
| Sewer Fund | |||||||||
| Transfers | G9950009 50900 | $ | 76,332 | $ | |||||
| Repairs | G8197004 50452 | 76,332 | |||||||
| Unemployment | G905008 50800 | 1,215 | |||||||
| Dental | G9061008 50800 | 1,215 | |||||||
| Salaries | G8110001 50011 | 50,000 | |||||||
| Misc | G8121004 50475 | 5,000 | |||||||
| Repairs | G8197004 50452 | 55,000 | |||||||
| Highway Fund | |||||||||
| Salaries | D5110041 50011 | $ | 57,041 | $ | |||||
| Soc Sec | D9030058 50800 | 5,160 | |||||||
| Contracts | D5112044 50457 | 57,041 | |||||||
| Unemployment | D9050058 50800 | 3,800 | |||||||
| Health | D9060058 50800 | 928 | |||||||
| Dental | D9061058 50800 | 432 | |||||||
| Town Outside Villages Fund | |||||||||
| Interest | B9730176 50700 | $ | 3,411 | $ | |||||
| Contracts | B8560174 50457 | 3,411 | |||||||
| Interest | B9730177 50700 | 13,644 | |||||||
| Retirement | B9015168 50800 | 13,644 | |||||||
| Telephone | B8160174 50471 | 77 | |||||||
| Contracts | B8560174 50457 | 77 | |||||||
| Street lights | B5182174 50455 | 84,923 | |||||||
| Fund Bal | B599 | 84,923 | |||||||
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 144 TABLED/CONTRACT/BUSINESS AUTOMATION SERVICES, INC.
Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously TABLED:
RESOLVED, that approving the contract with Business Automation Services, Inc. for the following, including 2010 maintenance, in the amount of $51,910, to be charged to Account No. A1682002/50457, is hereby TABLED.
Integrated Property System: $33,480 (Building & Fire Prevention)
Tax Collection System: $13,040 (Receiver of Taxes)
Resolution No. 144 – Continued
Internet Tax Tier 2: $ 3,210 (Receiver of Taxes)
E-Government: $ 2,180 (Receiver of Taxes)
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 145 CERTIFICATE OF REGISTRATION 2010 SEWER WORK
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny 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 2010 Sewer Work is approved to the following:
MRJ Excavating, Inc., 7 Beaver Court, New City, New York
Dutra Excavating & Sewer, Inc., 10 Stone Hollow Road, Montvale, NJ 07645
M.P. Olsen Excavation, 57 North Airmont Road, Suffern, NY 10901
Rino Paving & Construction, Inc., 20 Viola Road, Suffern, NY 10901
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 146 RENEW CONTRACT/CORNELL COOPERATIVE EXTENSION
Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Superintendent of Highways and Director of DEME, are hereby authorized to renew the 2010 Stormwater II Education Program Agreement with Cornell University Cooperative Extension of Rockland County at a cost of $6,800.00, to be charged to Account No. A5010/50457 & A1440/50457.
Ayes: Councilpersons Troy, Maturo, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 147 AWARD BID/TRASH RECEPTACLES VICTOR STANLEY, INC.
Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for sealed bids for thirty-five (35) trash receptacles with rain bonnet lid (Pearl River Parking District), which were received and publicly opened on January 27, 2010. The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 2-E-10, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Victor Stanley, Inc., Dunkirk, MD, in the amount of $26,810.00, the lowest qualified bidder, to be charged to Account SP565003/50300.
Ayes: Councilpersons Maturo, Troy, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 148 AWARD BID/SIDEWALK PAVER ACORN-THOMPSON
Councilwoman Low-Hogan offered the following resolution, which was seconded by Supervisor Whalen and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for sealed bids for one (1) new sidewalk paver, which were received and publicly opened on February 10, 2010. The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 2-F-10, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Acorn-Thompson, Newington, CT in the amount of $26,844.00, the only qualified bidder to be charged to Account No. D51120042/50200.
Ayes: Councilpersons Low-Hogan, Troy, Maturo, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 149 AWARD BID/COMPACT UTILITY LOADER/GRASSLAND EQUIPMENT
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for sealed bids for a Compact Utility Loader, which were received and publicly opened on January 13, 2010. The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 2-G-10, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Grassland Equipment, Latham, New York in the amount of $25,693.00, the only qualified bidder, to be charged to Account No. D5112042/50200.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 150 GRANT PERMISISON/2010 GRASSROOTS CAMPAIGN
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that permission is hereby granted for the Superintendent of Highways to attend the 2010 Grassroots Campaign, Local Roads and Bridges seminar to be held March 9 -10, in Albany, New York, at a cost of $242.00 for lodging, meals and travel, to be charged to Acct. No. A5010004/50441.
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 151 GRANT PERMISSION/EMERGENCY
MANAGEMENT CONFERENCE
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
Resolution No. 151 – Continued
RESOLVED, that permission is hereby granted for one police officer to attend the Long Island /NYC Emergency Management Conference, June 2nd and 3rd, 2010, at a cost of $485.00, which includes lodging, tolls and class fee, to be charged to Acct. B/3120/50441.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 152 GRANT PERMISSION/ARMORER TRAINING
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that permission is hereby granted for three police officers to attend the H&K/USP Armorer Training in Ashburn, VA, May 5 -7, at a cost of $4,474.52, which includes travel, lodging and class fee to be charged to Acct. No. B/3120/50441.
Ayes: Councilpersons Troy, Diviny, Low-Hogan, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 153 RECEIVE AND FILE DOCUMENTS TOWN CLERK’S OFFICE
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the following documents are received and filed in the Town Clerk’s Office:
- The Blauvelt Volunteer Fire Company Incorporated Financial Statements Year Ended March 31, 2009, with report of Certified Public Accountants.
- Sickels Farm Subdivision (69.08-1-2.2 – 2.10) documents:
O’Grady Court Deed (Rockland County Clerk Inst No. 2010-1070).
20’ Sanitary Sewer Easement Deed (Rockland County Clerk Inst No. 2010-1071).
Declaration of Covenant (Rockland County Clerk Inst No. 2010-1068).
Westcor Land Title Insurance Company Policy.
- All Bright Electric, Change Order No. 1 for Contract No. PS-06-3E.
Ayes: Councilpersons Low-Hogan, Diviny, Troy, Maturo
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 154 NYS/POSTPONE CLOSING/TALLMAN STATE PARK
Under new business, Councilman Maturo offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, New York State proposes closure or reduction of service at 55 State parks, including Tallman’s public outdoor pool,
WHEREAS, the residents of Orangetown would be directly and indirectly impacted by the recommended service reductions,
Resolution No. 154 – Continued
BE IT RESOLVED, that the Town of Orangetown requests that appropriate New York State officials postpone any decision on service changes at Tallman until thorough discussion can be had with Town of Orangetown officials and others to explore alternatives to closures or reductions in service.
Ayes: Councilpersons Maturo, Diviny, Troy, Low-Hogan
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 155 ORANGE & ROCKLAND TEMPORARY ACCESS AGREEMENT/TRANSITION STRUCTURES
Under new business, Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to execute a temporary access agreement with Orange and Rockland Utilities, in a form as proposed and recommended by the Town Attorney, allowing Orange & Rockland to enter upon Town-owned lands comprising a part of Tax Lot 74.09-2-1 to conduct soil borings, perform a topographic survey and other test procedures as may be required to determine the feasibility of such property for the placement of transition structures to Corporate Park.
Ayes: Councilpersons Troy, Maturo, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 156 ENTERED AUDIT
Councilman Maturo offered the following resolution, which was seconded by Supervisor Whalen and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 9:18 p.m.
Aye: Councilpersons Maturo, Troy, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 157 PAY VOUCHERS
Councilman Maturo offered the following resolution, which was seconded by Supervisor Whalen 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, Capital Projects, Risk Retention, and Special Parking Funds for a total amount of $480,357.46.
Ayes: Councilpersons Maturo, Troy, Low-Hogan, Diviny
Supervisor Whalen
Noes: None
* * *
RESOLUTION NO. 158 ENTER EXECUTIVE SESSION
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
Resolution No. 158 – Continued
RESOLVED, that the Town Board entered Executive Session at 9:20 p.m.
Aye: Councilpersons Maturo, Low-Hogan, Troy, Diviny
Supervisor Whalen
Noes: None
* * *
Resolution Nos. 159 and 160 see Executive Session.
* * *
RESOLUTION NO. 161 ADJOURNMENT/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board adjourned, in memory of John (Jack) Confrey, Garnerville, at 10:05 p.m.
Ayes: Councilpersons Troy, Low-Hogan, Maturo, Diviny
Supervisor Whalen
Noe: None
____________________________________
Charlotte Madigan, Town Clerk