Teresa M. Kenny
Supervisor
Phone:
(845) 359-5100
Email:
Meeting - Town Board Meeting January 29, 2013 (View All)
Overview
Documents
Meeting Members
| Date | Name | Group(s) | Type | Approved | File |
|---|---|---|---|---|---|
| 01/29/2013 | Town Board Meeting January 29, 2013 Exhibits | Town Board | Exhibits | ||
| 01/29/2013 | Town Board Meeting January 29, 2013 | Town Board | Minutes |
Meeting Members
Meeting Overview
| Scheduled: | 01/29/2013 7:30 PM |
| Group(s): | Town Board |
| Location: | Orangetown Town Hall |
TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, JANUARY 29, 2013
This Town Board Meeting was opened at 7:38 p.m. Supervisor Stewart presided and the Deputy Clerk called the Roll. Present were:
Councilman Denis Troy
Councilman Thomas Diviny
Councilman Thomas Morr
Councilman Paul Valentine
Also present: Teresa Accetta-Pugh, Deputy Clerk
Rose Maiorano, Deputy 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
John Giardiello, Director of OBZPAE
Aric Gorton, Superintendent of Parks-Rec.
Kevin Nulty, Chief of Police
The Pledge of Allegiance to the Flag was led by the Deputy Clerk.
Summary of Public Comments:
Nancy Antonucci, Blauvelt and representing REASON (Resident Association to Support Our Neighborhoods), encourages tax ratables on the RPC site and she said her group is happy with many of the recommendations included in the RPC-RFP.
Eileen Larkin, Palisades, is in favor of increasing the golf permit fees. She resents subsidizing special interest groups. She asked, if the goose droppings are going to be picked up.
Carol Silverstein, Orangeburg, said running the dogs is very effective for goose control. She believes the golf permit rates are too low. She suggested all Town expenditures be available for public view month by month.
RESOLUTION NO. 53 CLOSE PUBLIC COMMENTS (RTBM)
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Supervisor Stewart
Councilmen Morr, Troy, Diviny, Valentine
Noes: None
* * *
Supervisor Stewart said it is his understanding the Town does not need to have a Community Development Block Grant (CDBG) Public Hearing. The hearing is something the County does. The Town is just making an application.
Sr. Peggy Scarano, Chairwoman of the CDBG Advisory Committee explained that Sr. Jude Miriam and herself reviewed three applications: a Generator for Thorpe Village and the Cathy Lukens Home and roofing and siding for the Covent House. They attended the mandatory training session and found out the money will be given to the villages and towns and not to the non-profit groups, which means these three applications would not qualify. Two weeks ago, the Town decided to submit an application to redesign the intersection at E Central Avenue and N. Middletown Road in Pearl River.
James Dean, Superintendent of Highways, said the intersection at E. Central Avenue and N. Middletown Road, and all the way down to Blauvelt Road is unfriendly and unsafe to pedestrians. The purpose of this $180,000 project is to protect pedestrians and promote walking as a safe, healthy and sustainable mode of transportation for seniors, persons with disabilities, students and shoppers. The project will include curb cuts, a safety island, installation of a new traffic signal and controller, ADA warning plates in curb ramps and audible pedestrian signals at all crossings.
There were no public comments.
RESOLUTION NO. 54 APPROVE ACCEPTANCE/SUBMIT APPLICATIONS/COMMUNUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Councilman Valentine offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Orangetown Town Board approves, the following 2013 CDBG Committee’s recommendation, to be submitted to the County of Rockland Community Development Office for consideration and approval.
The proposed Central Avenue and N. Middletown Road Intersection Redesign, Traffic Signal, and Pedestrian Safety Improvement project.
Ayes: Councilmen Valentine, Troy, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 55 APPROVE AID & SHOWMOBILE
- PATRICK’S DAY PARADE
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that aid, for the St. Patrick’s Day Parade, to be held on Sunday, March 17, 2013, by providing trash barrels and barricades along the line of march, painting of the green stripe, sound system and personnel, Town Showmobile, and 14 port-o-johns, is hereby approved.
Ayes: Councilmen Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 56 APPROVE SHOWMOBILE PENGUIN PLUNGE
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the use of the showmobile, for The Penguin Plunge to be held in Nyack on March 3, 2013, with a rental fee of $350.00, with the organization supplying a certificate of insurance listing the Town of Orangetown as additionally insured, is hereby approved.
Ayes: Supervisor Stewart
Councilmen Morr, Troy, Diviny, Valentine
Noes: None
* * *
RESOLUTION NO. 57 APPROVE SHOWMOBILE/VCS OF ROCKLAND/GAY PRIDE DAY
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
Resolution No. 57 – Continued
RESOLVED, that the use of the showmobile, by VCS of Rockland for the Gay Pride Day Parade, to be held in Nyack on June 9, 2013 with a rental fee of $350.00 with the organization supplying a certificate of insurance listing the Town of Orangetown as additionally insured, is hereby approved.
Ayes: Supervisor Stewart
Councilmen Diviny, Troy, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 58 APPOINT THOMAS WARREN ACABOR MEMBER/CHAIRPERSON FOR A 1-YEAR TERM
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that Thomas Warren, a member of ACABOR, is hereby appointed Chairperson, for a period of 1-year, commencing January 1, 2013 and expiring December 31, 2013.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 59 NYS DOT/APPROVE MAINTENANCE AGREEMENT/SIDEWALKS/ROUTE 303
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
WHEREAS, the New York State Department of Transportation proposes the reconstruction of New York State Route 303, S.H. 1898, at Erie Street in the Town of Orangetown, Rockland County and
WHEREAS, the State will include, and provide for, as part of the construction, reconstruction or improvement of the above-mentioned project the construction of new sidewalks, pursuant to Section 10, subdivision 22, Section 46, or Section 349-c of the Highway Law, and will provide for the reconstruction of existing sidewalks pursuant to Section 10, subdivision 22 of the Highway Law, as shown on the contract plans relating to the project,
NOW, THEREFORE,
BE IT RESOLVED that the Town of Orangetown does hereby approve the construction of new sidewalks and reconstruction of existing sidewalks and the above mentioned work performed on the project and shown on the contract plans relating to the project, and that the Town of Orangetown will maintain or cause to be maintained the sidewalk construction and reconstruction performed as above stated and as shown on the contract plans, including the control of snow and ice and the control of vegetation.
BE IT FURTHER RESOLVED that the clerk of this Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 60 NYS DOT/APPROVE MAINTENANCE AGREEMENT/ROUTE 303 MEDIAN LANDSCAPING
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
WHEREAS, the New York State Department of Transportation (NYSDOT) proposes the reconstruction of New York State Route 303, S.H. 1898, at Erie Street in the Town of Orangetown, Rockland County and
WHEREAS, NYSDOT will include, and provide for, as part of the construction, reconstruction or improvement of the above-mentioned project the installation of pavers, small trees and/or shrubs and/or other plants, and mulch within the confines of the curbed medians within Route 303, as shown on the contract plans relating to the project,
NOW, THEREFORE,
BE IT RESOLVED that the Town of Orangetown does hereby approve the installation of pavers, small trees and/or shrubs and/or other plants, and mulch within the curbed medians within Route 303 placed as above stated and as shown on the contract plans relating to the project, and that the Town of Orangetown will maintain or cause to be maintained such small tree and/or shrubs and/or other plants, and mulch installed within the medians on Route 303, including the control and removal of grass, weeds and other undesired vegetation within the planted portions of the curbed medians of Route 303, and
BE IT FURTHER RESOLVED that the clerk of this Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation.
Ayes: Supervisor Stewart
Councilmen Valentine, Troy, Diviny, Morr
Noes: None
* * *
RESOLUTION NO. 61 APPROVE EXTENSION OF LICENSE AGREEMENT/TOWN OF RAMAPO FIRING RANGE
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office, authorize the Supervisor to sign the Letter Extension of License Agreement for the use of the Town of Ramapo Police Firing Range, for calendar year 2013, at no cost to the Town of Orangetown.
Ayes: Councilmen Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 62 APPROVE GOLF FEE SCHEDULE BLUE HILL/BROADACRES
Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks & Recreation and the Blue Hill/Broadacres Golf Advisory Committee, the 2013 fee schedule is hereby approved as follows:
Town of Orangetown Department of Recreation and Parks
2013 Blue Hill/Broadacres Fee Schedule
| Permit Rates | |||
| Type: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Adult Resident | $65.00 | $65.00 | $65.00 |
| Senior Resident | $50.00 | $50.00 | $50.00 |
| Youth Resident | $30.00 | $30.00 | $20.00 |
| Youth Associate | — | — | $30.00 |
| Broadacres Grandfather | $90.00 | $90.00 | $90.00 |
| Associate | $95.00 | $100.00 | $95.00 |
| Corporate | $200.00 | $300.00 | $300.00 |
| Weekday Resident Greens Fees | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Weekday Resident | $29.00 | $29.00 | $29.00 |
| Weekday Resident-After 3:30pm | $22.00 | $22.00 | $22.00 |
| Weekday Senior | BH $24.00 BA $22.00 | BH $24.00 BA $22.00 | BH $24.00 BA $22.00 |
| Weekday Senior-9 Hole | BH $18.00 BA $16.00 | BH $18.00 BA $16.00 | BH $18.00 BA $16.00 |
| Weekday Senior-After 3:30pm | BH $18.00 BA $16.00 | BH $18.00 BA $16.00 | BH $18.00 BA $16.00 |
| Weekday Youth | BH $18.00 BA $16.00 | BH $18.00 BA $16.00 | BH $18.00 BA $16.00 |
| Weekday Youth-After 3:30pm | BH $15.00 BA $13.00 | BH $15.00 BA $13.00 | BH $15.00 BA $13.00 |
| Weekday-After 6:00pm (June, July, August) | $16.00 | — | — |
| Weekday Associate/Corporate Greens Fees | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Associate Weekday | $40.00 | $42.00 | $42.00 |
| Associate Weekday – After 3:30pm | $27.00 | $27.00 | $27.00 |
| Associate-After 6pm (June, July, August) | $22.00 | $22.00 | $22.00 |
| Corporate Weekday | $44.00 | $44.00 | $44.00 |
| Corporate Weekday – After 3:30pm | $29.00 | $29.00 | $29.00 |
| Corporate-After 6pm (June, July, August) | $25.00 | $25.00 | $25.00 |
| Weekend Resident Greens Fees | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Weekend Resident | $34.00 | $35.00 | $35.00 |
| Weekend Resident-After 3:30pm | $24.00 | $24.00 | $24.00 |
| Weekend Senior-After 3:30pm | $22.00 | $22.00 | $22.00 |
| Weekend Youth-After 3:30pm | $19.00 | $19.00 | $19.00 |
| Weekend Associate/Corporate Greens Fees | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Associate Weekend | $46.00 | $47.00 | $47.00 |
| Associate Weekend – After 3:30pm | $31.00 | $31.00 | $31.00 |
| Corporate Weekend | $52.00 | $52.00 | $52.00 |
| Corporate Weekend – After 3:30pm | $34.00 | $34.00 | $34.00 |
| Seasonal Associate Alternate | $29.00 | $20.00 | $20.00 |
| Seasonal Corporate Alternate | $32.00 | $18.00 | $18.00 |
| Non-Resident Greens Fees | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Weekday Non-Resident | $48.00 | BH $48.00 BA $46.00 | BH $48.00 BA $46.00 |
| Weekday Non-Resident – After 3:30pm | $31.00 | BH $31.00 BA $29.00 | BH $31.00 BA $29.00 |
| Non-Resident – After 6pm (June, July, August) | $26.00 | BH $26.00 BA $24.00 | BH $26.00 BA $24.00 |
| Weekend Non-Resident | $57.00 | BH $57.00 BA $55.00 | BH $57.00 BA $55.00 |
| Weekend Non-Resident – After 3:30pm | $36.00 | BH $36.00 BA $34.00 | BH $36.00 BA $34.00 |
| Weekend Non-Resident – After 3:30pm | $36.00 | BH $36.00 BA $34.00 | BH $36.00 BA $34.00 |
| Seasonal Non-Resident | $34.00 | BH $30.00 BA $32.00 | BH $30.00 BA $32.00 |
| Outing/Tournament Fees | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
|
Green Fee & Cart |
$60.00 |
18 Hole SG min 100 ppl. – $60.00 | A.M. 18 Hole SG min 100 ppl. – $60.00 |
| 18 Hole SG min 100 ppl. – $70.00 | P.M. 18 Hole SG min 100 ppl. – $65.00 | ||
| Consecutive Start – $60.00 | Consecutive Start – $60.00 | ||
| Golf Cart Rental Rates | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| 18 Hole Cart | $35.89 | $36.91 | $36.91 |
| 9 Hole Cart | $17.40 | $18.46 | $18.46 |
| Single 9 Hole Cart Rate | $9.78 | $10.15 | $10.15 |
| Senior Cart | $29.36 | $29.53 | $29.53 |
| Senior 9 Hole Cart | $14.14 | $14.77 | $14.77 |
| Senior Single 9-Hole Cart | $8.70 | $7.39 | $7.39 |
| Winter Rates
No Earlier Than 10/23 – No Later Than 4/1 |
|||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Residents | $23.00 | $23.00 | $23.00 |
| Senior Residents | $17.00 | $17.00 | $17.00 |
| BA Senior Resident 9 Hole | — | $15.00 | $15.00 |
| Associates | $35.00 | $35.00 | $35.00 |
| Corporate | $38.00 | $38.00 | $38.00 |
| Non-Residents | $40.00 | $40.00 | $40.00 |
| Golf Course Staff Rates | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Mon. – Thu. | $10.00 | $10.00 | $10.00 |
| Mon. – Thu. Twilight | $5.00 | $5.00 | $5.00 |
| Friday | $11.00 | $11.00 | $11.00 |
| Sat. – Sun. | $16.00 | $16.00 | $16.00 |
| Sat. – Sun. Twilight | $6.00 | $6.00 | $6.00 |
| Resident Seasonal Rates: | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Seasonal Program: | $37.00 | $38.00 | $38.00 |
| Weekday Mid-Day Rates: | |||
| Service: | 2011 Fee: | 2012 Fee: | 2013 Fee: |
| Resident Mid Day | — | $25.00 | $25.00 |
| Associate Mid Day | — | $33.00 | $33.00 |
Ayes: Councilmen Troy, Diviny, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 63 AWARD RFP – CORTWOOD VILLAGE/SNOW REMOVAL HELMKE INDUSTRIES
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, the Superintendent of Parks and Recreation duly advertised an RFP for snow removal at Cortwood Village, which were received and publicly opened on December 18, 2012. The Superintendent made this recommendation to the Town Board; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 01-B-13, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that upon the recommendation of the Superintendent of Parks & Recreation, the RFP for snow removal at Cortwood Village is hereby awarded to the lowest qualified bidder, Helmke Industries, Orangeburg, NY at the following amounts:
Resolution No. 63 – Continued
Labor per hour $35.00
Plow Truck w/operator $130.00
Front End Loader (if needed) $140.00
Ayes: Councilmen Morr, Troy, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 64 AWARD RFP/GOOSE CONTROL BLUE HILL GOLF/VETERANS MEMORIAL PARK/ HUDSON VALLEY WILD GOOSE CHASERS
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, the Superintendent of Parks and Recreation duly advertised an RFP for Goose Control, which were received and publicly opened on January 17, 2013. The Superintendent made this recommendation to the Town Board; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 01-C-13, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that upon the recommendation of the Superintendent of Parks & Recreation, the RFP for Goose Control Services for Blue Hill Golf Course and Veterans Memorial Park is hereby awarded to Hudson Valley Wild Goose Chasers, Nyack, NY at the following amounts:
Veterans Memorial Park: $900.00 per month $10,800 per year
Blue Hill Golf Course: $700.00 per month $ 8,400 per year
Ayes: Supervisor Stewart
Councilmen Diviny, Troy, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 65 AWARD BID/HANDICAP RAMPS BELLAVISTA CONSTRUCTION
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for Installation of Handicap Ramps, which were received and publicly opened on December 27, 2012. The Superintendent made this recommendation to the Town Board; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 01-D-13, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that upon the recommendation of the Superintendent of Highways, the bid for Installation of Handicap Ramps is hereby awarded to Bellavista Construction Corporation, Suffern, NY, the lowest qualified bidder, in an amount not to exceed $36,000.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 66 AUTHORIZE/POLICE CONTRACT WHEELABRATOR WESTCHESTER, L.P./DISPOSAL SPECIAL WASTE
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
Resolution No. 66 – Continued
RESOLVED, that the Orangetown Police Department is hereby authorized to execute a contract between Wheelabrator Westchester, L.P. for the disposal of special waste, and setting up the fee of $150.00 per ton, not to exceed two tons. .
Ayes: Supervisor Stewart
Councilmen Morr, Troy, Diviny, Valentine
Noes: None
* * *
RESOLUTION NO. 67 PERMISSION GRANTED/NEW YORK WATER ENVIRONMENT ASSOC SEMINARS/KEN SKIBINSKI
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that permission is hereby granted to Ken Skibinski to attend the New York Water Environment Association Annual Meeting seminars, in New York City from February 3 through February 6, 2013, a cost of $1,132.00, said amount to be billed to Accts.G.8110.441 ($455.00 conference registration) and G.8110.480 ($677.00 for travel expenses).
Ayes: Supervisor Stewart
Councilmen Diviny, Troy, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 68 APPROVE/HAWKING AND PEDDLING LICENSE FEES
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Hawking and Peddling License fee shall remain $250.00 for Orangetown residents and increase from $250.00 to $300.00 for non-residents.
Ayes: Supervisor Stewart
Councilmen Diviny, Troy, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 69 ACCEPT/RECEIVE/FILE/TOWN BOARD MINUTES
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the January 2, 2013 Re-Organizational Meeting minutes are accepted, received and filed in the Town Clerk’s Office.
Ayes: Councilmen Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 70 FAILED/WAIVE BUILDING PERMIT FEES/PALISADES LIBRARY
The following resolution was not offered by any member of the Town Board, and therefore this resolution FAILS:
Resolution No. 70 – Continued
RESOLVED, that the request from the Palisades Library, to waive the building permit fees, for replacement of two windows, in the amount of $345.00 and landscaping and building renovations, in the amount of $965.00 for a total amount of $1,310.00 hereby FAILS.
* * *
RESOLUTION NO. 71 ACCEPT RETIREMENT EILEEN SCHLAG/PERSONNEL ADMINISTRATOR
Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Retirement of Eileen Schlag, Personnel Administrator, effective February 28, 2013, is hereby accepted with regret.
Ayes: Supervisor Stewart
Councilmen Troy, Diviny, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 72 APPROVE AMENDMENT TO LICENSE AGREEMENT WITH BLUE HILL GOLF PROFESSIONALS, INCLUDING 2-YEAR EXTENSION
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
WHEREAS, by Resolution 148 of 2011, the Town Board approved a 3-year License Agreement (the “Agreement”) with Chris Connelly and Bret Watzka, pursuant to which the
Connelly and Watzka, as independent contractors, and not as employees of the Town, agreed to operate the Blue Hill Golf Course Pro Shop, and to perform associated duties and obligations, all as specifically set forth in the said Agreement; and
WHEREAS, the Agreement provides at Paragraph 45, that Connelly and Watzka are authorized to assign their interest in the Agreement to a corporation or limited liability company, provided (1) they are the sole shareholders or members of any such entity that might be created, and (2) that they both remain personally responsible for the performance of all Licensee obligations under the Agreement; and
WHEREAS, the Town has been advised that Connelly and Watzka have created, and have assigned their individual interests in the Agreement to, such an entity, specifically, a New York Limited Liability Company with the name “Blue Hill GC LLC (the “LLC”); and
WHEREAS, the LLC, and its two member guarantors, Connelly and Watzka, have asked that the Town consent to three modifications of the Agreement, (1) permitting A. J. Lee, currently an employee of Connelly and Watzka at Blue Hill, to become a member of the LLC in place of Connelly, assuming all of Connelly’s obligations as a member with respect to the Agreement, including, but not limited to, his personal guaranty of the Licensee obligations thereunder; (2) upon the Town’s approval of Lee, releasing Chris Connelly from his obligations under the Agreement, including his personal guaranty thereof; and (3) extending the term of the Agreement for a further two (2) years, through December 31, 2015, as provided at Paragraph 47, but at a reduced cost to the Town; and
WHEREAS, the Town is familiar with A. J. Lee, including the fact that he is working toward, but has not yet obtained, his PGA license,
NOW, THEREFORE, BE IT RESOLVED, the Town Board approves the following changes to the License Agreement, which changes shall be embodied in an Addendum thereto signed by the Town and by Blue Hill GC LLC, and, individually, by Brett Watzka, A. J. Lee and Chris Connelly as follows:
Resolution No. 72 – Continued
- In accordance with the provisions of Paragraph 47 of the License Agreement, the term of the Agreement is hereby extended two (2) years, through and including December 31, 2015. The cost to the Town during the extension period shall be the amount of TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000.00) to be paid in twelve monthly installments of $20,000.00;
- The Town consents to A.J. Lee’s membership in Blue Hill GC LLC, with the express agreement and understanding, as evidenced by his signature on the referenced Addendum, that Lee personally guarantees all of the terms, conditions and Licensee obligations under the License Agreement;
Upon the execution of the Addendum, Chris Connelly shall be released of his guaranty obligations under the License Agreement.
Ayes: Supervisor Stewart
Councilmen Diviny, Troy, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 73 PERMISSION GRANTED WASTEWATER TREATMENT COURSE/MARK HOVSEPIAN
Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that permission is hereby grant for Mark Hovsepian to attend the Basic Operations of Wastewater Treatment Plants in Morrisville, New York from February 25th through March 8th, 2013 at a cost of $1575.00, said amounts to be billed to Accounts G.8130.441 ($975.00 course registration) and G.8130.480 ($600.00 for travel expenses).
Ayes: Supervisor Stewart
Councilmen Troy, Diviny, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 74 APPROVE/2012 BUDGET AMENDMENTS
Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
2012 Budget Amendments
B.5182.455.17 Street Lights $ 42,000
TOV – Other Total $ 42,000
D.3501.000.04 CHIPS Revenue $ 107,000
D.5112.457.04 CHIPS Expense $ 107,000
Highway Part Town Total $ –
D.5110.478.04 Resurfacing $ 170,000
D.5110.479.04 Gasoline $ 10,000
Highway Part Town Total $ 180,000
G.8197.410 Connection Rehab $ 19,500
G.9730.600 BAN Principal $ 101,111
DEME Total $ 120,611
Ayes: Supervisor Stewart
Councilmen Diviny, Troy, Morr, Valentine
Noes: None
RESOLUTION NO. 75 ACCEPT RPC REDEVELOPMENT PLAN
Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the Town Board hereby accepts, as the framework for the eventual redevelopment of the remaining Town owned portions of the Rockland Psychiatric Center properties (i.e., those parcels presently owned and those that may be acquired), the general development objectives and principles set forth in a certain Draft Rockland Psychiatric Center Redevelopment Plan, dated January 29, 2013, incorporated by reference herein.
Ayes: Supervisor Stewart
Councilmen Valentine, Troy, Diviny, Morr
Noes: None
* * *
RESOLUTION NO. 76 APPROVE/IN CONCEPT TELECOMMUNICATIONS EASEMENT 155 CORPORATE DRIVE/73.12-1-17
Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, 155 Corporate Drive, LLC is the owner of the property located at 155 Corporate Drive, Orangeburg, New York, which recently received Final Site Plan approval from the Planning Board for construction of a building at that location and
WHEREAS, representatives of 155 Corporate Drive, LLC have expressed a desire to obtain from the Town a grant of easement over Town property (Tax Lot 73.12-1-17) for a telecommunications easement to facilitate communications capabilities to and from the property located at 155 Corporate Drive, Orangeburg, New York and have discussed a proposed location for such an easement with Town’s representatives, and
WHEREAS, the Town Board recognizes that the grant of such an easement would enhance the infrastructure available to proposed tenants of the building located at 155 Corporate Drive, as well as other entities in that area, which in turn would encourage much needed economic development within the Town, and
WHEREAS, 155 Corporate Drive, LLC previously granted to the Town an access easement providing the Town with access over property owned by 155 Corporate Drive to Town owned property adjacent to Hunt Road, Orangeburg, New York,
NOW THEREFORE IT IS HEREBY RESOLVED, that subject to, and conditioned on, agreement as to value and consideration to be paid by 155 Corporate Drive, LLC for the proposed easement over Town owned property, and the Town’s approval as to the final location of the easement, and subject further to permissive referendum, the Town will undertake to grant an easement over Town owned property to 155 Corporate Drive, LLC.
Ayes: Supervisor Stewart
Councilmen Troy, Diviny, Morr, Valentine
Noes: None
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RESOLUTION NO. 77 ENTERED AUDIT
Councilman Troy offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 8:45 p.m.
Ayes: Councilman Troy, Supervisor Stewart
Councilmen Diviny, Morr, Valentine
Noes: None
RESOLUTION NO. 78 PAY VOUCHERS
Councilman Troy offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for the General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds in the amount of $1,227,848.25.
Ayes: Councilman Troy, Supervisor Stewart
Councilmen Diviny, Morr, Valentine
Noes: None
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RESOLUTION NO. 79 ENTER EXECUTIVE SESSION CSEA CONTRACT NEGOTIATIONS
In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, John Edwards, Teresa Kenny, Jeff Bencik and Aric Gorton.
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session to discuss CSEA Contract negotiations, at 8:47 p.m. Supervisor Stewart said no further votes will be taken.
Ayes: Councilmen Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 80 REENTERED RTBM ADJOURNMENT/MEMORY
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board re-entered the Regular Town Board Meeting and adjourned, in memory of Marilyn O’Brien, former 18-year employee of the Town Attorney’s Office; Christina Delgiglio, wife of Town Hall custodian Mario Delgiglio; and Charles X. Booth, Pearl River, at 10:04 p.m.
Ayes: Councilmen Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
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Teresa Accetta-Pugh, Deputy Clerk