Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, JANUARY 8, 2013

This Town Board Meeting was opened at 7:35 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

Jeff Bencik, Finance Director

Joseph Moran, Commissioner of DEME

John Giardiello, Director of OBZPAE

 

Charlotte Madigan led the Pledge of Allegiance to the Flag.

 

Supervisor Stewart explained that Orangetown unsuccessfully lobbied to secure first rights for the Children’s Psychiatric Center and Staff Court.  The Town has again retained Wilson Elser, etal (lobbyists) to help foster better relationships with State players, the State’s Office of General Services and Office of Mental Health.  The Town is also drafting a Memorandum of Agreement with the Office of General Services that formally recognizes Orangetown’s interest in the Children’s Psychiatric Center, Staff Court and the decommissioned power plant.

Summary of Public Comments:

Mike Mandel, Pearl River, spoke about the tax cap, the 4.72% tax increase and pension contributions.  He believes the Town should look for a better Government Affairs Counsel.

Richard Molloy, Pearl River, suggested a driving range and learning center at Broadacres and using meter maids to issue summonses during leaf pick-up.  He asked the Board to condemn the Journal News for publishing legally licensed pistol permit holders.

 

RESOLUTION NO. 11                                            CLOSE PUBLIC COMMENTS (RTBM)

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:      Councilmen Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 12                             OPEN PH/AMEND TOWN CODE HAWKING AND PEDDLING

 

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

 

RESOLVED, that the 8:00 p.m. public hearing to consider a proposed amendment to the Town Code, Chapter 18, Hawking and Peddling, Section 18.9, Schedule of Fees is hereby opened.

 

Ayes:      Councilmen Troy, Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

* * *

 

The Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 01-A-12 and made a part of these minutes.

 

Charlotte Madigan advised that the intent is to take the fee out of the Town Code and have them set by resolution, so that the Local Law does not have to be revised every time a fee is changed.

 

The public comment portion was opened and there was no public comment.

 

RESOLUTION NO. 13                                            CLOSE PH/AMEND TOWN CODE HAWKING AND PEDDLING

 

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

 

RESOLVED that the public portion is hereby closed.

 

Ayes:      Councilmen Valentine, Troy, Diviny, Morr

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 14                                            LEAD AGENCY/AMEND TOWN CODE HAWKING AND PEDDLING

 

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

 

RESOLVED, that the Town Board declares itself Lead Agency in the matter.

 

Ayes:      Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 15                                            SEQRA DECLARATION/AMEND TOWN CODE/HAWKING AND PEDDLING

 

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

 

RESOLVED, that a SEQRA Declaration of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment, is hereby adopted.

 

Ayes:      Supervisor Stewart

Councilmen Diviny, Troy, Morr, Valentine

Noes:      None

* * *

RESOLUTION NO. 16                                            ADOPT LOCAL LAW 1, 2013 AMEND TOWN CODE/HAWKING AND PEDDLING

 

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

 

RESOLVED that the Town Board hereby adopts Local Law 1, 2013, to amend the Town Code, Chapter 18, Hawking and Peddling, Section 18.9, Schedule of Fees.

 

Ayes:      Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

CHAPTER 18

 

HAWKING AND PEDDLING

 

• 18-9. Schedule of Fees

 

The license fees for all licenses hereunder are herby fixed at $250 per year or fraction thereof. shall be set by resolution of the Town Board.

 

(Deletions shown as strikethrough, additions underlined)

 

RESOLUTION NO. 17                                            TABLED/INCREASE OF HAWKING AND PEDDLING LICENSE FEE

 

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

 

RESOLVED that the Hawking and Peddling License fee is hereby increased, from $250.00 a year to $300.00 a year is hereby TABLED.              

 

Ayes:      Councilmen Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 18                                            PERMISSION GRANTED/2013 ASSOCIATION OF TOWNS

 

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

 

RESOLVED, that permission is granted to Elected Officials and Department Heads or their representatives to attend the 2013 Training School and Annual Meeting of the Association of Towns in New York City, February 17-20, 2013 with the Town paying cost of courses and travel to be charged to appropriate departmental accounts.

 

Ayes:      Councilman Troy, Supervisor Stewart

Councilmen Diviny, Morr, Valentine

Noes:      None

* * *

 

RESOLUTION NO. 19                                            ASSOCIATION OF TOWNS/2013 DELEGATE/ROBERT SIMON ALTERNATE SUPERVISOR STEWART

 

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

 

RESOLVED, that Robert Simon, is hereby designated Delegate to the Association of Towns Meeting February 17-20, 2013 with Supervisor Stewart, as the alternate delegate to represent and vote on behalf of the Town of Orangetown.

 

Ayes:      Supervisor Stewart

Councilmen Morr, Troy, Diviny, Valentine

Noes:      None

 

* * *

RESOLUTION NO. 20                                            COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/PUBLIC HEARING DATE

 

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

 

RESOLVED, that a public hearing is scheduled, for January 29, 2013 at 8:00 p.m. to hear public comments on community development and housing needs, for the 2013 Community Development Block Grant Program (CDBG).

 

Ayes:      Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 21                                            APPROVE MEMORANDUM OF UNDERSTANDING/ROCKLAND CTY REGIONAL INVESTIGATIVE RESOURCE CENTER (“RIRC”) FORMERLY NARCOTICS TASK FORCE/INTEL UNIT/ASSIGNMENT POLICE OFFICER    

 

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

 

            WHEREAS, the County of Rockland, through the Office of the Rockland County District Attorney, has established the ROCKLAND COUNTY REGIONAL INVESTIGATIVE RESOURCE CENTER (“RIRC”), with the intent to address town, county and regional crime issues in a shared services manner; and

 

WHEREAS, the Town of Orangetown, for many years, has participated with the District Attorney and other local law enforcement agencies in similar such ventures, including the Rockland County Narcotics Task Force, which has been folded into the RIRC; and

 

WHEREAS, the Town Board, in consultation Chief of Police, has determined that it is in the best interests of the Town Orangetown to continue to participate with the County of Rockland in this important “All crimes” approach to law enforcement; and

 

WHEREAS, General Municipal Law Article 5-G expressly authorizes municipal governments to perform together that which each such government individually is authorized to perform by means of an inter-municipal agreement,                  

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves a certain Memorandum of Understanding (“MOU”) by and between the County of Rockland and the Town of Orangetown, which MOU was previously approved by Resolution 479 of 2012 of the Rockland County Legislature, pursuant to which the Town agrees to participate in the RIRC in accordance with the terms of the said MOU, and with the further understanding that such MOU may be terminated by either party on 60 days written notice pursuant to Paragraph 12 thereof; and

 

IT IS FURTHER RESOLVED, that the Supervisor is hereby authorized to sign such MOU and to take further steps as may be necessary to effectuate its terms.     

 

Ayes:      Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:      None

 

* * *

 

RESOLUTION NO. 22                                            AUTHORIZE EXTENSION AGREEMENT/WILSON, ELSER, ET AL., NEW YORK STATE GOVERNMENT AFFAIRS REPRESENTATION FOR 2013 

 

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

 

RESOLVED, that the Town Board hereby approves the extension of an agreement with the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP (“Counsel”) to serve as Government Affairs Counsel to the Town in New York State for the period January 1, 2013 through and including December 31, 2013, at a cost of $4,000.00 per month, plus actual ancillary expenses that may be incurred; and

 

BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute a letter agreement with Counsel consistent herewith

 

Ayes:      Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 23                                            AMEND RESOLUTION 25/2009 AND REAPPOINT PATRICIA CASTELLI  ZONING BOARD OF APPEALS           

 

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

 

WHEREAS, by Town Board Resolution 301 of 2003, Patricia Castelli was appointed as a member of the Zoning Board of Appeals to serve a 5-year term, said term to expire December 31, 2007; and

 

WHEREAS, it appears that she continued to serve as a “holdover” member throughout 2008, not having been reappointed until January 5. 2009 by Resolution 25 of 2009; and

 

WHEREAS, Resolution 25 of 2009 correctly reappointed Castelli to a 5-year term, but incorrectly measured the commencement of that term from the date of reappointment, rather than from January 1, 2008, the date on which the seat became vacant with Castelli continuing to serve as a holdover, meaning Ms. Castelli’s reappointment in 2009 should have reflected an expiration for her term of December 31, 2012 rather than 2013; and

 

WHEREAS, the of the Town Board wishes to correct that previous error and, in addition, reappoint Ms. Castelli to a new 5-year term, such that the terms of office of all Board members are properly staggered in accordance with the provisions of S 267 of the N.Y.S. Town Law,

 

NOW, THERFORE, BE IT RESOLVED,

 

• Town Board Resolution 25 of 2009 is hereby amended to reflect that, at that time, Patricia Castelli was reappointed to serve on the Zoning Board of Appeals for a term of 5 years, commencing on January 1, 2008 and expiring on December 31, 2012; and

 

• that Patricia Castelli is hereby reappointed to serve as a member of the Zoning Board of Appeals for a term of 5 years, commencing January 1, 2013 and expiring December 31, 2017.

 

Ayes:      Councilmen Morr, Valentine, Troy, Diviny

Supervisor Stewart

Noes:      None

 

* * *

 

RESOLUTION NO. 24                                            AMEND RESOLUTION 111/2011     TERM OF OFFICE/DANIEL SULLIVAN ZONING BOARD OF APPEALS    

 

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

 

WHEREAS, by Town Board Resolution 111 of 2011, Daniel Sullivan was reappointed to serve as a member of the Zoning Board of Appeals; and

 

WHEREAS, Resolution 111 of 2011 incorrectly stated Mr. Sullivan’s term of office to be for a period of 7 years, rather than 5 years, the term authorized by law; and

 

WHEREAS, the Town Board wishes to amend resolution 111 of 2011 and correct that error therein, and properly reflect that Mr. Sullivan’s appointment is for a period of 5 years, commencing January 1, 2011 and expiring December 31, 2015, such that the terms of office of all Board members will be properly staggered in accordance with the provisions of S 267 of the N.Y.S. Town Law,

 

NOW, THERFORE, BE IT RESOLVED,

 

Town Board Resolution 111 of 2011 is hereby amended to correct the term of the reappointment of Daniel Sullivan as a member of the Zoning Board of Appeals.  As corrected,

Resolution 111 should read that Daniel Sullivan is reappointed to serve as a member of the Zoning Board of Appeals for a term of 5 years, commencing on January 1, 2011 and expiring on December 31, 2015.

 

Ayes:      Councilman Troy, Supervisor Stewart

Councilmen Diviny, Morr, Valentine

Noes:      None

* * *

RESOLUTION NO. 25                                                           APPOINT MICHAEL BOSCO/ZONING BOARD OF APPEALS/COMPLETE THE UNEXPIRED TERM OF FORMER MEMBER WILLIAM MOWERESON

 

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

 

RESOLVED, that Michael Bosco is hereby appointed to serve as a member of the Zoning Board of Appeals, filling the unexpired term of former member William Mowerson through December 31, 2014.

 

Ayes:      Councilmen Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 26                                                             APPOINT LEONARD H. FEROLDI ALTERNATE MEMBER OF THE ZONING BOARD OF APPEALS

 

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

 

RESOLVED, that, pursuant to Chapter 43, §10.311, the Town Board hereby appoints  Leonard H. Feroldi as an Alternate Member of the Zoning Board of Appeals to serve when there is a conflict of interest precluding participation by a regular member, or when a regular member shall otherwise be unable or unavailable to review, hear and determine an appeal.  The appointment is for a period of 1 year, commencing January 1, 2013 and expiring December 31, 2013.

 

Ayes:      Councilmen Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 27                                                           APPOINT DANIEL SULLIVAN CHAIRPERSON/ZONING BOARD

 

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

 

RESOLVED, that Daniel Sullivan, a member of the Zoning Board of Appeals is hereby appointed Chairperson for a period of 1 year, commencing January 1, 2013 and expiring December 31, 2013.

 

Ayes:      Supervisor Stewart

Councilmen Diviny, Troy, Morr, Valentine

Noes:      None

* * *

RESOLUTION NO. 28                                            AMEND RESOLUTION 110/2011 CORRECT THE END DATE OF THE TERM OF PLANNING BOARD MEMBER BRUCE BOND

 

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

 

WHEREAS, by Town Board Resolution 110 of 2011, Bruce Bond was reappointed to serve as a member of the Town Planning Board for a term of 7 years; and

 

WHEREAS, the said Resolution incorrectly fixed the end date for Mr. Bond’s term as December 31, 2016, rather than December 31, 2017; and

 

WHEREAS, the Town Board wishes to correct that previous error to reflect an end date for Mr. Bond’s term of December 31, 2017, as a consequence of which the terms of office of all Board members will be properly staggered in accordance with the provisions of §  271 of the N.Y.S. Town Law,

 

NOW, THERFORE, BE IT RESOLVED, that Town Board Resolution 110 of 2011 is hereby amended to reflect that the reappointment of Bruce Bond effected by said resolution is for a term of 7-years, commencing on January 1, 2011 and ending on December 31, 2017.

 

Ayes:      Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 29                                                           REAPPOINT/WILLIAM YOUNG PLANNING BOARD

 

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

 

RESOLVED, that William Young is hereby reappointed to serve as a member of the Planning Board for a 7-year term, commencing January 1, 2013 and ending December 31, 2019.

 

Ayes:      Supervisor Stewart

Councilmen Morr, Troy, Diviny, Valentine

Noes:      None

* * *

RESOLUTION NO. 30                                                           APPOINT KEVIN GARVEY, A MEMBER OF THE PLANNING BOARD, AS CHAIRPERSON FOR A 1-YEAR TERM

 

 

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

Resolution No. 30 – Continued

 

RESOLVED, that Kevin Garvey, a member of the Town Planning Board,  is hereby appointed Chairperson for a period of 1 year, commencing January 1, 2013 and expiring December 31, 2013.

 

Ayes:      Councilmen Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 31                                            REPEAL RESOLUTION 346/2012, REINSTATING THE TERM OF THE APPOINTMENT OF BLYTHE YOST TO ACABOR/AMEND RESOLUTION 102/2012

 

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

 

WHEREAS, by Town Board Resolution 102 of 2012, appointed Blythe Yost to serve as a member of ACABOR for a 3-year term, commencing in 2012 and ending December 31, 2014;  and

 

WHEREAS, the said Resolution was later changed/corrected by Town Board Resolution 346 of 2012,  to adjust the end date of Ms. Yost’s term to December 31, 2013; and

 

WHEREAS, upon a review of the terms and appointing resolutions of the existing members of ACABOR, it has become apparent that, in order to properly meet the staggering requirements of Town Code Chapter 2, § 2-2, relating to terms of office  of appointees to ACABOR, Ms. Yost’s term should properly end in 2014, as originally fixed, and not in 2013;

 

NOW, THERFORE, BE IT RESOLVED, that Town Board Resolution 346 of 2012 is hereby repealed and Resolution 102 of 2012 is reinstated as originally adopted, appointing Blythe Yost to serve as a member of ACABOR for a 3-year term, commencing in 2012 and ending on December 31, 2014.

 

Ayes:      Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 32                                                           REAPPOINT JILL FIELDSTEIN TO A 3-YEAR TERM AS A MEMBER OF ACABOR

 

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

 

RESOLVED, that Jill Fieldstein is hereby reappointed to serve as a member of ACABOR for a 3-year term, commencing January 1, 2013 and ending December 31, 2015.

 

Ayes:      Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 33                                                           APPOINT PAUL PAPAY, A MEMBER OF ACABOR, AS CHAIRPERSON FOR A 1-YEAR TERM/FAILED

 

 

Supervisor Stewart offered the following resolution, and no one seconded it, which caused it to FAIL:

 

 

Resolution No. 33 – Continued

 

RESOLVED, that Paul Papay, a member of ACABOR, is hereby appointed Chairperson for a period of 1 year, commencing January 1, 2013 and expiring December 31, 2013.

 

* * *

RESOLUTION NO. 34                                            REAPPOINT ELIZABETH MATTISON TO 5 YEAR TERM ON BOARD OF ASSESSMENT REVIEW

 

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

 

RESOLVED,  that the Town Board hereby reappoints Elizabeth Mattison to serve as a member of the Board of Assessment Review for a 5-year term, said term to commence on October 1, 2012 and expire on September 30, 2017

 

Ayes:      Supervisor Stewart

Councilmen Diviny, Troy, Morr, Valentine

Noes:      None

* * *

RESOLUTION NO. 35                                            RELEASE PERFORMANCE BOND NOLAN MONUMENT SITE PLAN

 

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

 

RESOLVED that upon the recommendation of the Planning Board (PB2012-45), the Town Highway Department, DEME and the Town Attorney’s Office, the Board hereby authorizes the release, through the Town Attorney’s Office, the Nolan Monument Site Plan Performance Bond in the amount of $24,870.00 posted by Dan Nolan Inc. as Principal and Western Surety Co. as Surety, for the property located at 508 Route 303 Orangeburg, New York.

 

Ayes:      Supervisor Stewart

Councilmen Diviny, Troy, Morr, Valentine

Noes:      None

* * *

RESOLUTION NO. 36                                            155 CORPORATE DRIVE SITE PLAN ORANGEBURG/73.15-1-1 ACCEPT/RECEIVE/FILE

 

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’s Office, the Department of Environmental Management and Engineering and the Superintendent of Highways, accept, receive and file the following items as part of 155 Corporate Drive Site Plan, Orangeburg, NY (73.15-1-1):

• Declaration of Covenants, Conditions, and Restrictions regarding reserved parking.
• Access Easement in favor of the Town of Orangetown.
• Declaration of Covenant for the Inspection and Maintenance of Storm Water Control Facilities.

 

and authorize the Town Supervisor or his designee to execute all transfer documents necessary to effectuate the acceptance of these public improvements, have same recorded with the Rockland County Clerk, and returned for filing with the Town Clerk.

 

Ayes:      Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 37                                            ACCEPT RETIREMENT/LT JOSEPH HOLAHAN

 

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

 

RESOLVED, that the Retirement of Lt Joseph Holahan, effective January 22, 2013, is hereby accepted with regret.

 

Ayes:      Supervisor Stewart

Councilmen Diviny, Troy, Morr, Valentine

Noes:      None

* * *

RESOLUTION NO. 38                                            APPROVE 2013 BINGO LICENSES

 

Councilman Troy 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 2013 Bingo Licenses are hereby approved:

 

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

Beth Am Temple

 

Ayes:      Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 39                                            ACCEPT/RECEIVE/FILE/DOCUMENTS TOWN CLERK’S OFFICE

 

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

 

RESOLVED, that the following documents are accepted, received and filed in the Town Clerk’s Office:

 

1. December 4, 2012 Regular Town Board Meeting/Audit/Executive Session minutes; and December 11, 2012 Workshop and Executive Session minutes.
2. 2012 Stormwater II Education Program Agreement, April 1, 2012 – March 31, 2013.
3. PBA Memorandum of Agreement (1/1/2011 – 12/31/2015), dated May 2012; Clarification Agreement, dated July 2, 2012; Stipulation of Settlement, dated July 2, 2012.
4. Workforce Investment Board of Rockland County Agreement, dated June 26, 2012, for National Emergency Grant.
5. Agreement with McLaren Engineering, dated 10/10/2012, for the Site/Civil Engineering to investigate the potential for reducing the flood elevation upstream of the Sparkill Creek culvert under the Palisades Parkway.
6. Annual Election Results from the following Fire Districts:  Pearl River, Sparkill-Palisades, Orangeburg, Tappan, Nyack Joint and Central Nyack.
7. Agreement with New York Sharks Aquatics, Inc., for January 1, – December 31, 2013.
8. Supervisor’s 2013 Tax Report, dated December 21, 2012.
9. DEC Reimbursement Forms regarding Contract No. C302918:  State Assistance for MS4 Phase II Stormwater Permit (February 1, 2006 – June 30, 2010).
10. DEME Quarterly Progress Report – Illegal Sewer Connection (Consent Case No.          R3-20090303-37).

 

Ayes:      Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 40                                            ADOPT UPDATED EMERGENCY OPERATION PLAN

 

Under new business, Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the Town Board hereby adopts the updated Emergency Operation Plan.

 

Ayes:      Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 41                                            JOURNAL NEWS/CONDEMN               GUN PERMIT OWNERS       

 

Under new business, Councilman Valentine offered the following resolution, which was seconded by Councilman Troy and was adopted:

 

RESOLVED, that the Orangetown Town Board condemns the Journal News for publishing the names and addresses of legal gun permit owners in Rockland County.  This reporting was irresponsible, unnecessary and potentially dangerous.

 

Ayes:          Councilmen Valentine, Troy, Diviny, Morr

Noes:          None

Abstained:  Supervisor Stewart

* * *

 

RESOLUTION NO. 42                                            ENTERED AUDIT

 

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

 

RESOLVED, that the Town Board entered the Audit Meeting at 8:55 p.m.

 

Ayes:      Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 43                                            PAY VOUCHERS

 

Councilman Troy offered the following resolution, which was seconded by Councilman Morr 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 $1,083,799.39.

 

Ayes:      Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

* * *

 

RESOLUTION NO. 44                                            ENTER EXECUTIVE SESSION  POLICE DEPARTMENT PERSONNEL

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, John Edwards and Chief Nulty.

 

 

Resolution No. 44 – Continued

 

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 particular Police Department Personnel, at 9:00 p.m.  Supervisor Stewart said no further votes will be taken.

 

Ayes:      Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 45                                            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 Patricia Maher, Pearl River (Det. Peter Maher’s mother); Mary Fitzgerald, Pearl River (P O Stephen Fitzgerald’s mother); Maria Luciano, Pearl River (employee Frank Luciano’s mother) and Ronald Beckerle, Pearl River, at 11:00 p.m.

 

Ayes:      Councilmen Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

 

 

 

 

 

 

 

____________________________________

Charlotte Madigan, Town Clerk