Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, JULY 15, 2014

 

This Town Board Meeting was opened at 7:35 p.m.  Supervisor Stewart presided and the Town Clerk Madigan 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

John Giardiello, Director of OBZPAE

Joseph Moran, Commissioner of DEME

Robert Simon, Receiver of Taxes

Aric Gorton, Superintendent of Parks and Recreation

Mary Cardenas, Town Historian

 

Esta Baitler led the Pledge of Allegiance to the Flag.

 

 

MOODY’S RATING/TOWN RECEIVES Aa2

The Finance Director announced the Town maintained its Aa2 rating despite overlapping debt from Rockland County, whose financial difficulties negatively impacts the overall taxing ability of the Towns.

 

Charlotte Madigan, Town Clerk, presented Mary Cardenas, Museum Director, with a donation of $750.00 from “Orange is the New Black” (film company) to support Orangetown Historical Archives and Museum.

 

Geraldine Tortorella, Attorney for Orangeburg Commons, explained the Petition to amend the text of zoning ordinance (Chapter 43 of the Orangetown Code) to add a Mixed-Use Expansion Special Permit to allow development of a small lot adjoining a Mixed-Use Development to be effectively made a part of a large unified project.  The developers have a desire to develop a small parcel behind Orangeburg Commons, which only has access from a cul-de-sac at the end of Greenbush Road, with a building containing commercial uses.  The intent would be to integrate such development functionally into the Orangeburg Commons shopping center, without merging the parcels.

 

 

RESOLUTION NO. 344                                                        ORANGEBURG COMMONS/ PROPOSED TEXT AMENDMENT, ADDING A NEW § 4.32(P) TO THE TOWN ZONING LAW; REFERRAL TO TOWN PLANNING BOARD; AND   DECLARATION OF INTENT TO BE LEAD AGENCY         

 

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

 

WHEREAS, FB ORANGETOWN, LLC has petitioned the Town Board to amend the Town Zoning Law, to add a new § 4.32(P) to the Town Zoning Code, relating to properties located in the vicinity of the intersection of State Rte. 303 and the Palisades Interstate Parkway (Exit 5 Interchange), in the Town of Orangetown, authorizing a “Mixed-Use expansion” special permit by allowing development of a small lot adjoining a “Mixed-use” development as part of the larger unified project; and

 

RESOLUTION NO. 344 – Continued

 

WHEREAS, the Town Board has made the preliminarily determination to consider the request to the extent of referring the proposed amendment for comment to various other boards and agencies; and

 

WHEREAS, the Town Board concludes that the proposed action, if undertaken, would be subject to environmental review under the State Environmental Quality Review Act (“SEQRA”),  has determined to commence the environmental review process,

 

NOW, THEREFORE, BE IT RESOLVED,

 

That, pursuant to Chapter 43, § 10.5 of the Town Code, the proposed amendment is referred to the Town Planning Board for its recommendation and comments regarding, among other things, whether the proposed amendment is consistent with the aims and principles already embodied in the Zoning Code as to the District(s) affected, as well as the implications of such an amendment; and

 

That the proposed amendment is further referred to the Rockland County Planning Department for the purpose of review pursuant to General Municipal Law §§ 239- l & m;

 

AND BE IT FURTHER RESOLVED, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review, and directs that a lead agency coordination letter with relevant documents be circulated to and among the various involved and/or interested agencies.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Morr

Noes:         Councilpersons Diviny, Valentine

 

* * *

 

Summary of Public Comments:

Joann Coffey-Fasulo, Pearl River, spoke about Applied Golf’s management fees.  She said the Town should be receiving their Profit & Loss Statement and certified payroll records on a monthly basis.

Mike Mandel, Pearl River, explained that the Pearl River Parks and Recreation Committee paid for the fireworks from fundraisers.  Broadacres should be leased and the Bond paid-off.

Keith Brennan, CSEA President, informed the Town Board that they are not following Civil Service procedures for hiring and promoting employees.  Tomorrow a grievance will be filed.

Cynthia Anselmo, Palisades, complained about bamboo trees blocking her driveway.  She suggested a Town Ordinance banning bamboo plants.

Ester Baitler, Sparkill, thanked the Board for sidewalks along Route 340.  She asked that the rail-trail be cleaned.

Elayne Armaniaco, Greenbush Neighborhood Coalition, is concerned about soil boring tests being done at 636 N Greenbush Rd, Blauvelt (dinosaur property).  She is already working with the Division for Historic Preservation to assess the parcel’s eligibility for listing on the State and National Registers of Historic Places.

 

* * *

RESOLUTION NO. 345                                          CLOSE PUBLIC COMMENTS

 

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

RESOLUTION NO. 346                                          CALENDAR CHANGE/JULY 22, 2014

 

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

 

RESOLVED, that the Police Commission/Workshop Meeting scheduled for July 29, 2014, has been changed to July 22, 2014, starting at 7:00 p.m.

 

Ayes:         Councilpersons Morr, Valentine, Troy, Diviny

Supervisor Stewart

Noes:         None

 

* * *

 

RESOLUTION NO. 347                                          TABLED/AWARD CONTRACT HARBRIDGE CONSULTING GROUP/AFFORDABLE CARE ACT

 

 

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

 

RESOLVED, upon recommendation of Finance Director, that the Town Board agrees to hire Harbridge Consulting Group, LLC, in an amount not to exceed $10,000, to perform the following tasks:

 

1. Identify the Town’s risk exposure under the Affordable Care Act (ACA).
2. Conduct Study of all town employees to determine whether they are considered Full Time (FT) employees under the ACA.
3. Advise the Town on strategies to avoid 4980H (a) penalties for not providing Health Care to meet the 70%/95% tests in 2015/2016.
4. Advise the Town on strategies to avoid the Cadillac Tax for having too rich of a Healthcare plan.

 

The penalties for not providing healthcare to >95% of our employees is $3K per employee * # employees (~300).  This is equal to a potential penalty of $600K.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 348                                          BUDGET ADJUSTMENTS/PARKS

 

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

 

RESOLVED, upon recommendation of the Finance Director, the following budget adjustments are made to reflect the private management of Broadacres Golf Course:

 

Account Number Account Name (INCREASE) OR decrease

 

ER.7251.457 Broadacres – Contracts with Outside Vendor  410,000.00 (INCREASE)

ER.1980.457 MTC Mobility Tax                                             1,436.47

ER.7251.011 Broadacres – Permanent Staff                          148,222.90

ER.7251.012 Broadacres – Time and One Half	5,000.00
ER.7251.013 Broadacres – Seasonal & Part Time	114,500.00
ER.7251.020 Broadacres – Double Time	2,000.00
ER.7251.440.01 Broadacres – Office Supplies	2,000.00
ER.7251.441 Broadacres – Schools and Conferences		840.00
ER.7251.442 Broadacres – Postage                                                   4.70 (INCREASE)			(INCREASE)
ER.7251.443 Broadacres – Maintenance Agreements		1,175.00
ER.7251.446 Broadacres – Supplies		2,649.25
ER.7251.447 Broadacres – Vehicle Repair		19,238.09
ER.7251.449 Broadacres – Chemicals		30,113.00
ER.7251.452 Broadacres – Equipment Repairs		3,000.00
ER.7251.453 Broadacres – Repairs and Painting		2,248.00
ER.7251.460 Broadacres – Landscaping		29,300.00
ER.7251.462 Broadacres – Gasoline		12,500.00
ER.7251.465 Broadacres – Uniforms		94.38
ER.7251.471 Broadacres – Telephone		1,180.29
ER.9030.800 Broadacres – SS Medicare		22,320.46
ER.9050.800 Broadacres – Unemployment		12,186.86

 

TOTALS 410,004.70 (INCREASE) and 410,004.70 DECREASE

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

* * *

RESOLUTION NO. 349                                          FILM PERMIT FEE/INCREASE

 

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

 

RESOLVED, that the Permit Fee for Filming within Orangetown shall be increased from $300.00 to $600.00 per permit, per location, effective July 15, 2014.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 350                                          ADOPT-A-SPOT/ WELCOME HOME/BATAAN ROAD TRIANGLE

 

 

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

 

RESOLVED, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which Town has a place of business at 26 Orangeburg Road, Orangeburg, New York 10962, expressly authorizes and approves the Adopt-A-Spot Committee, a volunteer organization with Kevin O’Rourke and Joseph Pleffner as part of the Adopt-A-Spot Committee to contribute toward the development and maintenance of a more attractive and litter-free Town Highway R.O.W. segment as described in the Highway Work Permit as Town Property located at the landscaped traffic island on Bataan Road at the intersection of Western Highway, Orangeburg, otherwise known as the “SPOT”, by performing necessary and /or desired clean-up activities, as particularly set forth in and pursuant to the terms and conditions of the Town of Orangetown Highway Department Adopt-A-Spot Agreement between the Town of Orangetown Highway Department and the “Welcome Home Park” Adopt-A-Spot Committee, Dated July 1, 2014.

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

* * *

RESOLUTION NO. 351                                          ADOPT-A-SPOT/CAMPBELL AVENUE

 

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

 

RESOLVED, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which Town has a place of business at 26 Orangeburg Road, Orangeburg, New York 10962, expressly authorizes and approves the Adopt-A-Spot Committee, a volunteer organization with Tomaj Vadas as part of the Adopt-A-Spot Committee to contribute toward the development and maintenance of a more attractive and litter-free Town Highway R.O.W. segment as described in the Highway Work Permit as Town Property located at the landscaped “right of way” on the north end of Campbell Avenue, Tappan, otherwise known as the “SPOT”, by performing necessary and /or desired clean-up activities, as particularly set forth in and pursuant to the terms and conditions of the Town of Orangetown

RESOLUTION NO. 351 – Continued

 

Highway Department Adopt-A-Spot Agreement between the Town of Orangetown Highway Department and the “Campbell Avenue” Adopt-A-Spot Committee, Dated July 1, 2014.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 352                                          APPOINT KATHRYN MURPHY ADMINISTRATIVE SECRETARY I PROVISIONAL/SUPERVISOR’S OFFICE

 

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

 

RESOLVED, that Kathyrn Murphy is hereby appointed to the position of Administrative Secretary I, provisional, in the Supervisor’s office, Grade 12, Step 1 at a salary of $54,787.00, effective July 28, 2014.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 353                                          ESTABLISH POSITION (DEME) MAINTENANCE ELECTRICIAN

 

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

 

            RESOLVED, upon the recommendation of the Commissioner of DEME, the Human Resources Coordinator, and the Labor Management Committee, the position of Maintenance Electrician (Sewers), at Grade OC14A, Step1, with a starting salary of $60,894.00 is hereby established.

 

Ayes:         Councilpersons Valentine, Morr, Troy, Diviny

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 354                                          CONTRACT/WD RISK MANAGEMENT

 

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

 

RESOLVED, upon the recommendation of the Town Attorney, the Professional Services Agreement between the Town of Orangetown and WD Risk Management & Consulting is hereby approved and the Supervisor is authorized to execute the Agreement.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 355                                          AUTHORIZE/2014 CHIP SEAL PROGRAM/TAPPAN FIRE DISTRICT PARKING LOT

 

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

 

 

RESOLUTION NO. 355 – Continued

 

RESOLVED, upon the recommendation of the Highway Superintendent, the Town Board authorizes the Highway Department to include the Tappan Fire District parking lot located at 300 Western Highway, Tappan, in the Town’s 2014 Chip Seal Program, and further authorizes the collection of $7,126.92 from the Fire District to cover materials and labor costs.

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

* * *

 

RESOLUTION NO. 356                                          AID/ROCKLAND COUNTY FEIS GERMAN MASONIC HOME

 

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

 

RESOLVED, that aid to the Rockland County FEIS, by supplying barricades, cones and signage and Auxiliary Police Officers, for the 41^st Annual FEIS and Field Games, to be held at the German Masonic Home in Tappan, on Sunday July 20, 2014, is hereby approved.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 357                                          APPROVE INTERMUNICIPAL AGREEMENT/ROCKLAND COUNTY/REIMBURSEMENT OF COUNTER-TERRORISM TRAINING COSTS

 

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

 

RESOLVED, that the Supervisor is hereby authorized to sign an agreement with the County of Rockland, accepting reimbursement in the sum of TWENTY THOUSAND NINE HUNDRED THIRTY-TWO DOLLARS AND 00/00($20,932.00), as reimbursement for counter-terrorism training under the State Homeland Security Program and the LETPP Homeland Security Grant Program for the period September 1, 2011 through August 31, 2014.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 358                                          ACCEPT/RECEIVE/FILE/ TOWN CLERK’S OFFICE

 

Supervisor Stewart 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. Agreement with Chestnut Ridge Transportation for Town’s Day Camp bus transportation.
2. Agreement with Rockland County for Rockland County Stop DWI monies.
3. June 17, 2014 Regular Town Board Meeting minutes; June 10, 2014 Police Commission/Workshop/Executive Session minutes; June 18, 2014 & June 24, 2014 Executive Session minutes; and June 24, 2014 Workshop minutes.

RESOLUTION NO. 358 – Continued

 

4. Deed from Manhattan Woods for Ahlmeyer Drive turn around (RC Inst: 2014-16211), along with Title Insurance Policy, and Use & Maintenance Agreement for rock retaining wall and club house entrance wall (RC Inst 2014-16212).

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 359                                          PAY VOUCHERS

 

 

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

 

RESOLVED, 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 $1,639,196.08.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 360                                                      ENTER EXECUTIVE SESSION

 

 

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

 

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

 

RESOLVED, that the Town Board entered Executive Session to discuss Police Officer candidates, Empire State Development and Park’s Department legal matter, at 8:34 p.m. Supervisor Stewart said no further votes will be taken.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 361                                          RE-ENTER RTBM/ADJOURNED MEMORY

                                                                                   

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

 

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting and adjourned, in memory of Edna Stewart, Pearl River; Florence Dosch, Pearl River; Tom O’Halloran, Pearl River; Margaret Taffuri, Pearl River; Marilyn Rose, Pearl River; and Calvin Parker, Nyack, at10:38 p.m.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

 

 

 

 

____________________________________

                                                                        Charlotte Madigan, Town Clerk