Meeting Overview

TOWN OF ORANGETOWN                                                                                                 REGULAR TOWN BOARD MEETING                                                                            TUESDAY, JANUARY 14, 2014

 

This Town Board Meeting was opened at 7:40 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

John Giardiello, Director of OBZPAE

Aric Gorton, Superintendent of Parks and Recreation

 

Eileen Larkin led the Pledge of Allegiance to the Flag.

 

Summary of Public Comments (RTBM):

Larry Costello, Chairman of the Golf Committee, said the golf committee supports Appliedgolf.  This may reduce expenses at the golf course.  The vote tonight will give a definite direction of the Town Board’s intentions.

Eileen Larkin, Palisades, spoke about Medicare costs.  This is subject to fraud but important to those who need it.  She is in favor of proposal for Broadacres golf course.

Louis & Tracey Eichner, Pearl River, want the zoning of their property to be changed back to residential.  They asked for advice and the procedure to change the zoning back.

Keith Brennan, CSEA President, is concerned and wants to be assured that Broadacres Town employees will not loose their jobs.

Allan Ryff, Deputy Supervisor, spoke for the Supervisor regarding issues about golf.

 

RESOLUTION NO. 15                                            CLOSE PUBLIC COMMENTS

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:         Councilperson Troy, Supervisor Stewart

Councilpersons Diviny, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 16                                            APPOINT/ BLAUVELT FIRE DEPT CHRISTOS G. CHONDRIS FIREFIGHTER

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Blauvelt Fire Dept., Christos G. Chondris is hereby appointed to the position of Firefighter, with the Blauvelt Volunteer Fire Company and was sworn-in by Charlotte Madigan, Town Clerk.

 

Ayes:         Councilpersons Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 17                                            APPOINT/ BLAUVELT FIRE DEPT DYLAN P. REYNOLDS/FIREFIGHTER

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Blauvelt Fire Dept., Dylan P. Reynolds is hereby appointed to the position of Firefighter, with the Blauvelt Volunteer Fire Company and was sworn-in by Charlotte Madigan, Town Clerk.

 

Ayes:         Councilpersons Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 18                                            2014 TOWN BOARD CALENDAR FAILED

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and on a roll call FAILED:

 

RESOLVED, that a Town Board Calendar for Mondays be adopted.

 

Ayes:         Supervisor Stewart , Councilman Diviny

Noes:         Councilpersons Troy, Morr, Valentine

 

* * *

RESOLUTION NO. 19                                            2014 TOWN BOARD CALENDAR ADOPTED

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and on a roll call was adopted:

 

RESOLVED, that the following 2014 Town Board Calendar is hereby approved:

 

01/07/14                      Re-Organizational Meeting/Audit

01/14/14                      RTBM/Audit

01/21/14                     Police Commission/Workshop

01/28/14                      RTBM/Audit

02/04/14                      Police Commission/Workshop

02/11/14                      RTBM/Audit

02/25/14                      Workshop

03/04/14                      RTBM/Audit

03/11/14                      Police Commission/Workshop

03/25/14                      RTBM/Audit

04/08/14                      Police Commission/Workshop

04/22/14                      RTBM/Audit

04/29/14                      Workshop

05/06/14                      RTBM/Audit

05/13/14                      Police Commission/Workshop

05/20/14                      RTBM/Audit

05/27/14                      Workshop

06/03/14                      RTBM/Audit

06/10/14                      Police Commission/Workshop

06/17/14                      RTBM/Audit

06/24/14                      Workshop

07/15/14                      RTBM/Audit

07/29/14                      Police Commission/Workshop

08/12/14                      RTBM/Audit

08/19/14                      Police Commission/Workshop

09/09/14                      RTBM/Audit

09/16/14                      Police Commission/Workshop

09/23/14                      RTBM/Audit

Resolution No. 19 – Continued

 

09/30/14                      Workshop

10/07/14                      RTBM/Audit

10/14/14                      Police Commission/Workshop

10/21/14                      RTBM/Audit

10/28/14                      Workshop

11/05/14   (Wed)         RTBM/Audit                                      (4^th Election Day)

11/12/14   (Wed)         Police Commission/Workshop            (11^th Veteran’s Day)

11/18/14                      RTBM/Audit

12/02/14                      Police Commission/Workshop

12/09/14                      RTBM/Audit

 

Regular Town Board/Audit Meetings will begin at 7:30 p.m., Police Commission Meetings at 7:00 p.m.; and Town Board Workshop Meetings at 8:00 p.m.  All meetings are on Tuesdays, except where indicated.

 

Ayes:         Councilpersons Valentine, Morr, Troy, Diviny

Noes:         Supervisor Stewart

* * *

RESOLUTION NO. 20                                            TOWN BOARD/LEAD AGENCY/SEQRA REVIEW/MANAGEMENT CONTRACT APPLIED GOLF, LLC (BROADACRES GOLF COURSE)/NEGATIVE DECLARATION

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

WHEREAS, by previous resolution, the Town Board authorized a Request for Proposals (“RFP”), inviting proposals for the private management of the Broadacres Golf Course; and

 

WHEREAS, any action taken in furtherance of such RFP is subject to review under the State Environmental Quality Review Act (“SEQRA”); and

 

WHEREAS, the Town Board is the only Involved Agency with respect to any action that may be undertaken relating to the management of the Broadacres golf course, as contemplated in the RFP; and

           

WHEREAS, the Town Board has carefully considered the proposed action, including the likely cost savings that would result from the proposed action; and

 

WHEREAS, the Town Board has further reviewed and considered the Short Environmental Assessment Form prepared by the Supervisor and Town Attorney relating to the proposed action; and

 

WHEREAS, having carefully considered all of the above, and having taken a hard look at all of the potential environmental impacts that might result from the proposed action, the Town Board has concluded that there will be no significant environmental impacts or effects caused or occasioned by the execution of an agreement for the private management of the Broadacres Golf Course,

NOW, THEREFORE, BE IT RESOLVED, that the Town hereby declares itself to be Lead Agency for purposes of environmental review of the proposed action; and

 

BE IT FURTHER RESOLVED, that the Town Board issues a Determination of Non-significance with respect to the referenced action in the form annexed hereto, and authorizes the Town Supervisor, or his designated agent, to execute and circulate same as may be required, and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency in accordance with the applicable provisions of law.

 

Ayes:         Councilpersons Valentine, Morr, Troy, Diviny

Supervisor Stewart

Noes:         None

STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)

NEGATIVE DECLARATION

NOTICE OF DETERMINATION OF NON-SIGNIFICANCE

 

DATE:                       January 14, 2014

 

LEAD AGENCY:    The Town Board of the Town of Orangetown

Orangetown Town Hall

26 Orangeburg Road

Orangeburg NY 10962

 

This Notice is issued pursuant to Part 617 of the implementing regulations of Article 8 (SEQRA) of the Environmental Conservation Law.

 

The Lead Agency has determined that the proposed action described below will not have a significant effect on the environment.

 

TITLE OF ACTION:

Execution of a management agreement for the private management of the Broadacres Golf Course.

 

SEQRA STATUS:

Unlisted Action

 

DESCRIPTION OF ACTION:

The proposed action consists approval of a management contract for the private management of the Broadacres Golf Course for the 2014 and 2015 golf seasons, and an option for the 2016 season if the golf course continues to be owned by, and available to, the Town for that year.

 

REASONS SUPPORTING THIS DETERMINATION:

Presently, and for many years now, the 9-hole Broadacres Golf Course purchased by the Town as part of the larger real property purchase of property formerly a part of the properties comprising the Rockland Psychiatric Center (“RPC”) has operated at a deficit to the Town.  More recently, the Town obtained special state legislation permitting the alienation of the golf course (on defined terms), thereby allowing it to be sold for economic development if and when an appropriate developer is found.  It the interim, in order to stem the mounting financial loss to the Town attributable to the golf course, the Town Board has issued an RFP, seeking private management of the course.

 

Although private management is not likely to make the course profitable in the short term, it is expected that, on an annual basis, the Town will lose less under private management than as an operating asset of the Town, and in year three or four (if the course continues to then operate as a golf course), it might well operate at a profit rather than as a drain on the Town’s resources.

There will be no significant adverse environmental impact as a result of the proposed action.

 

RESOLUTION NO. 21                                            APPROVE MANAGEMENT CONTRACT/APPLIEDGOLF, LLC MANAGEMENT OF BROADACRES GOLF COURSE FOR 2014 and 2015

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and on a roll call was adopted:

 

WHEREAS, by previous resolution, the Town Board authorized a Request for Proposals (“RFP”), inviting proposals for the private management of the Broadacres Golf Course; and

 

WHEREAS, in furtherance of said resolution, on or about May 25, 2013, notice of the said RFP was both published in the official newspaper of the Town and otherwise advertised electronically, with responsive proposals required to be submitted on July 22, 2013; and

 

WHEREAS, on the designated date, only one proposal was submitted in response to the RFP, that being from AppliedGolf, LLC; and

Resolution No. 21 – Continued

 

WHEREAS, the Town Board has interviewed AppliedGolf and, on the basis of experience and reputation in the industry, and financial resources of the company and its principals and staff, the Board has determined that it is qualified to undertake the management of the golf course for the Town; and

 

WHEREAS, through negotiation, the Town has refined the financial and other material terms of an agreement between the parties for the 2014 and 2015 golf seasons, with an option for the 2016 season, subject to the continued  ownership and availability of the golf course by the Town; and

 

WHEREAS, the Town Board has determined that it is in the best economic interests of the Town to contract with AppliedGolf for the management of the Broadacres Golf Course,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves an agreement, in principle, between the Town and AppliedGolf for the management of the Broadacres Golf Course for the 2014 and 2015 golf seasons, with an option for the 2016 golf season, subject to the continued availability of the course, on the financial terms set forth in AppliedGolf’s written proposal dated November 22, 2013, as revised by letter dated December 17, 2013, and subject further to the execution of a formal contract to be prepared by the Town Attorney and approved by the Town Board.

 

Ayes:         Councilpersons Valentine, Morr and Supervisor Stewart

Noes:         Councilpersons Troy, Diviny

 

* * *

 

RESOLUTION NO. 22                                            APPOINT/REAPPOINT LIAISONS LAND USE BOARDS/COMMITTEES

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, that the following Town Officials are hereby reappointed/appointed liaisons to the following land use boards and committees:

 

ACABOR                                                                   Troy

Blue Hill Golf Course Advisory Committee              Valentine

Board of Assessment Review                                     Diviny

Board of Ethics                                                           Ryff

Bureau of Fire Prevention                                           Diviny & Morr

Environmental Committee                                          Stewart

HABOR                                                                      Morr

Orangetown Housing Authority                                 Troy

Orangetown Emergency Management Comm.           Diviny

OPDAC                                                                      Stewart

Planning Board                                                           Morr

Project Review Committee                                         Valentine

Shade Tree Commission                                             Stewart

Senior Citizen Advisory Committee                           Troy

Substance Abuse Committee                                      Troy

Traffic Advisory Board                                              Valentine

Volunteer Health Advisory Committee                      Morr

Youth Recreation Assessment Advisory Comm.       Diviny

Zoning Board of Appeals                                           Diviny

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

 

* * *

RESOLUTION NO. 23                                            SET PUBLIC HEARING/LOCAL LAW

FLOOD DAMAGE PREVENTION

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the Town Board shall conduct a Public Hearing, on January 28, 2014 at 8 p.m., on a proposed Local Law, repealing existing Chapter 14B of the Town Code, and adopting a new Chapter 14B, both relating to Flood Damage Prevention.

 

Ayes:         Councilpersons Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 24                                            SET PUBLIC HEARING/CENTRAL NYACK FIRE DISTRICT MAP BOUNDARY LINES

 

Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

WHEREAS, the Board of Fire Commissioners of the Central Nyack Fire District has requested the Town Board of the Town of Orangetown approve the Central Nyack Fire District Boundary Map labelled “Central Nyack Fire District 2” as prepared by the Rockland County Planning Department – Geographical Information Systems (GIS) and dated September 2008; and

 

WHEREAS said Central Nyack Fire District Boundary Map was accepted and approved by the Board of Fire Commissioners of the Central Nyack Fire District at a regular meeting held on February 7, 2012;

 

NOW, THEREFORE, be it

 

RESOLVED, that a public hearing be held at the Town of Orangetown Town Hall, 26 Orangeburg Road, Orangeburg, New York 10962 on February 11, 2014 at 8:00 p.m., or as soon thereafter as possible, pursuant to Town Law § 176(5), to consider approving the proposed district boundary lines map of the Central Nyack Fire District 2, and be it

 

FURTHER RESOLVED, that the Town Attorney prepare a Notice of Public Hearing and the Town Clerk cause same to be published and posted as aforesaid and file proof thereof in the Office of the Town Clerk.

 

Ayes:         Councilpersons Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 25                                            APPROVE CONTRACT/COUNTY  REIMBURSEMENT/COMNETIX FINGERPRINTING HARDWARE UPGRADES

 

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

 

RESOLVED, that the Town Board hereby approves the execution of a Contract between the Town and the County of Rockland, pursuant to which the Town shall be paid the sum of TWENTY THOUSAND TWO HUNDRED THIRTY NINE DOLLARS ($20,239.00), as reimbursement for the Town Police Department’s purchase of Comnetix fingerprinting hardware upgrades.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

RESOLUTION NO. 26                                            ACCEPT RESIGNATION/RETIREMENT POLICE OFFICER ROBERT L. SICK

 

Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that the resignation/retirement of Police Officer Robert L. Sick from the Orangetown Police Department is hereby accepted with regret, effective January 25, 2014.

 

Ayes:         Councilpersons Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 27                                            APPOINT MARK ALBERT AS TOWN-WIDE AUTOMATED EXTERNAL DEFIBRILLATION (“AED”) COORDINATOR

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Town Attorney and Superintendent

of Parks, Recreation & Buildings, the Town Board hereby appoints Mark Albert, as the

Town-wide (non-police) Coordinator of Automated External Defibrillation (“AED”) services for the Town of Orangetown (Resolution No. 575/2013 approved AED).

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

* * *

RESOLUTION NO. 28                                            LEASE AGREEMENT/GOLF CARTS   BLUE HILL GOLF COURSE

 

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

 

WHEREAS, the Superintendent of Parks and Recreation advertised for Request for Proposals (RFP) for a Lease Agreement for Golf Carts at the Blue Hill Golf Course, which were received and publicly opened on December 31, 2013; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 01-A-14, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that upon the recommendation of the Town Attorney and the Superintendent of Parks and Recreation, the Town Board hereby approves a 5-year lease and related finance agreement with Club Car, Inc. and Dag Lage Landen Public Finance, LLC for the lease of 108 golf carts and 7 additional staff carts for use at the Blue Hill Golf Course, at an annual cost of $83,592.00, in accordance with the terms of the Town’s Request for Proposals and Club Car’s response thereto.  As bid, the proposal includes Club Car’s buyout of the balance due on the Town’s current lease in the sum of $82,944.00; and be it further

 

RESOLVED that the Supervisor, or his designated representative, shall be authorized to execute and deliver the required lease and finance documents.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 29                                            AID/ANCIENT ORDER OF HIBERNIANS ST PATRICK’S DAY PARADE

 

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

RESOLUTION NO. 29 – Continued

 

RESOLVED, that the request for aid, from the Ancient Order of Hibernians, by providing necessary trash barrels, barricades along the line of march, painting of the green stripe, sound system and personnel to assist, showmobile and port-a-sans (cost to be shared with the AOH, Town paying for 14) for the St Patrick’s Day Parade, Sunday, March 23, 2014.

 

Ayes:         Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 30                                            PERMISSION GRANTED                                 2014 ASSOCIATION OF TOWNS

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, that permission is granted to Charlotte Madigan, Town Clerk, to attend the 2014 Training School and Annual Meeting of the Association of Towns in New York City, February 16-19, 2014 and she is hereby designated Delegate to represent and vote on behalf of the Town of Orangetown, at a cost of $1,500.00.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 31                                            2014 ALTERNATE DELEGATE ASSOCIATION OF TOWNS

 

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

 

RESOLVED, that Robert Simon, Receiver of Taxes, is hereby designated the Alternate Delegate to the Association of Towns Meeting February 16-19, 2014, to represent and vote on behalf of the Town of Orangetown.

 

Ayes:         Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 32                                            PERMISSION GRANTED/GFOA CONFERENCE / FINANCE

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Finance Director, permission is hereby granted to Ann Maestri, Janice Ganley and Natalie Schutter, to attend the GFOA conference in Albany, NY, from April 1-4, 2014, at a cost of $2,520.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 33                                            APPROVE 2014 BINGO LICENSES

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Town Clerk, the following 2014 Bingo Licenses are hereby approved:

 

Resolution No. 33 – Continued

 

St. Margaret’s Catholic Church                        St. Margaret’s Church School Auxiliary

Beth Am Temple

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 34                                              ACCEPT/RECEIVE/FILE/DOCUMENTS TOWN CLERK’S OFFICE

 

Supervisor Stewart 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. November 19, 2013 Special Town Board Meeting/Executive Session minutes; December 3, 2013 Regular Town Board/Audit Meeting minutes; December 10, 2013 Police Commission/Executive Session minutes and December 17, 2013 Regular Town Board/Audit/Executive Session minutes.
2. Supervisor’s Tax Roll Information Report, dated 12/20/13.
3. 2014 Caretaker Agreements:  Iacobellis/Nike Park and Limandri/Henry V. Borst Park.
4. 2014 Memorandum of Understanding between the Town and the NY Sharks Aquatics.
5. Blauvelt Free Library:  2014 Agreement, Insurance, By-Laws and Employee Personnel Guide.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 35                                              ENTER EXECUTIVE SESSION POLICE PERSONNEL

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, Charlotte Madigan, John Edwards, Teresa Kenny, Aric Gorton, Chief Nulty and Captains Zimmerman and Butterworth.

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the Town Board entered Executive Session to discuss Police Personnel matters, at 8:35 p.m.  Supervisor Stewart said no further votes will be taken.

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

* * *

RESOLUTION NO. 36                                              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  Erwin (Ernie) Robbins, Tappan and Orangetown’s Park Ranger; Catherine Baldassare, Sparkill and employee Rima Delvecchio’s mother; and Peter Madden, Pearl River, at 9:03 p.m.

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

 

 

 

 

 

____________________________________

                                                                        Charlotte Madigan, Town Clerk