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 2^nd 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 2^nd and 3^rd, 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:

 

1. The Blauvelt Volunteer Fire Company Incorporated Financial Statements Year Ended March 31, 2009, with report of Certified Public Accountants.
2. 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.

3.   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