Meeting Overview

TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, MARCH 23, 2009
This Town Board Meeting was opened at 7:37 p.m. Supervisor Kleiner presided and the
Town Clerk called the Roll. Present were:
Councilman Denis Troy
Councilwoman Marie Manning
Councilwoman Nancy Low-Hogan
Councilman Michael Maturo (arrived at 7:50 p.m.)
Also present: Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
John Edwards, Town Attorney
Teresa M. Kenny, First Deputy Town Attorney
Suzanne Barclay, Executive Assistant to the Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Ron Delo, Director of the Dept. of Envtl Management & Engineering
Robert Zimmerman, Police Captain
Robert Simon, Receiver of Taxes
John Giardiello, Director of OBZPAE
Mark Albert, Acting Supt of Parks, Rec & Building Maint
Charlotte Madigan, Town Clerk, led the Pledge of Allegiance to the Flag.
RESOLUTION NO. 200 APPOINT SUPERINTENDENT OF
PARKS AND RECREATION
ARIC T. GORTON
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that Aric T. Gorton is hereby appointed Superintendent of Parks and
Recreation in the Department of Parks and Recreation, provisionally, Grade 24-1, at an annual
salary of $88,232, effective March 31, 2009.
Ayes: Councilpersons Troy, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
Absent: Councilperson Maturo
* * *
John Giardiello, Director of OBZPAE, gave an update on the building occupancy study being
done by the Office of Building, Zoning, Planning and Enforcement. Most of the property owners
whose property was not in compliance have filed for a single family conversion, received a
Certificate of Occupancy, applied for a permit, or indicated their intent to apply for restricted
two-family occupancy. The next step is to work with the Town Attorney’s Office to deal with
the properties, where the owner has not responded or the dwelling has a unique situation. The
Town Attorney’s Office may issue summons or search warrants, which could only be issued if
there’s evidence of violations. All efforts are being done in a peaceful manner and if properties
are unable to be in compliance by complying with the law, the Town will have to take them to
court.
Summary of Public Comment:
Orli Irgang, from Grandview and a licensed Architect, has several concerns regarding the Seimens
contract. Such as, they guarantee savings of energy costs but not the installation of components; the
starting baseline is very low; and the contract should be separated into different categories. She
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requested the Town Board to review all of her concerns and she agrees the Town should apply for any
and all NYSERTA and NYDOT grants or any other assistance that’s available.
The Town Board indicated that they would review the concerns they received by email and discussed
them at the April 13th meeting.
Eileen Larkin, Palisades, is concerned with the Seimens contract and the length of 15 years. She
questioned the replacement equipment and the Performance Bond. She does not believe this contract
is good for Orangetown.
Michael Mandel, Pearl River, said the Town will be borrowing $4.75 million dollars for the Siemens
contract. This expense will be added to the millions the Town currently owes. These dollars will be
paid out within the first few years but the savings will be over 15 years. This contract should have
gone out to bid.
John Tormey, Pearl River, along with Tom Sullivan, is one of the founders of Quiet Rockland. They
have been fighting for two years against the FAA airspace redesign. He thanked the Town Board for a
resolution that continues to take a strong stand against the FAA airspace redesign. He said every
effort that is taken to oppose is of value and is used by Quiet Rockland.
Jim Castagna, Sparkill, said Alberto Baruffi’s website, Sparkillcreek.com is very informative with
history and restoration projects. He said there is a new design with gravel for the dog park and they
still have to research maintenance costs and the impact on neighboring houses.
Andrew Wiley, Pearl River, spoke regarding the cost of lights for the fields and advertising on Town
parklands. He said the Energy Star Construction law is just another way to make the taxpayer pay
more. There is not one incentive to help people.
Donald Brenner, Attorney, recommended the Town to do a risk analysis regarding the Siemens contract.
RESOLUTION NO. 201 CLOSE PUBLIC PORTION
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public comment portion is hereby closed.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 202 AID/FRANCIS T O’SHEA
SCHOLARSHIP FUND
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of Kathleen O’Shea for the use of two portable toilets and
trash receptacles for a walkathon and barbeque to benefit the Francis T. O’Shea Scholarship
Fund on June 20 (rain date June 27) at Central Field, Pearl River (Account No. A755004/50457)
is hereby approved.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 203 APPROVE/TOWN’S RECYCLING
FAIR/HIGHWAY GARAGE
Councilman Maturo offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that the request of the Environmental Committee and the Town’s
Recycling Committee to use the Town Highway Department and yard for a Recycling Fair to be
held on April 25, 10:00 a.m. – 3:00 p.m. is hereby approved.
Ayes: Councilpersons Maturo, Troy, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 204 AID/PEARL RIVER CHAMBER
PEARL RIVER DAY
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of the Pearl River Chamber of Commerce for use of the
showmobile, for Pearl River Day on October 10, 2009 (Acct. No. A755004/50457) is hereby
approved.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 205 APPROVE COMMUNITY FUNDING
JEWISH COMMUNITY CENTER
(JCC)/ROCKLAND JEWISH FILM
FESTIVAL
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of the JCC for $1,000 towards the annual Rockland Jewish
Film Festival, to be held March 29, 2009 at Riverspace, Nyack (Acct. No. A755004/50457)
is hereby approved.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 206 MEMORIALIZING RESOLUTION
NYS PAROLE BOARD/RICHARD
LABARBERA/ROBERT MCCAIN
MURDERED PAULA BOHOVESKY
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
WHEREAS, the Town of Orangetown wishes to express its continuing condolences to,
and support for, the family of Paula Bohovesky, who was brutally raped and murdered twenty- nine years ago as Paula’s family asks the New York State Parole Board not to release her killers;
and
WHEREAS, in 1980, Paula Bohovesky was a talented artist, an aspiring actress and a
well-regarded member of the Junior class at Pearl River High School; and
WHEREAS, tragically, this young woman, burgeon with energy and a zest for life, was
tragically and senselessly murdered just two blocks from her home; and
WHEREAS, the two young men who committed this heinous crime after a day spent
drinking in a local bar received the maximum penalty for murder then allowed in New York
State, twenty-five years to life in prison; and
WHEREAS, these men are now seeking parole and release from prison, having served
the minimum sentence – twenty-five years; and
WHEREAS, Paula’s family and friends, as well as those living in Orangetown at the
time, can still recall the horror of that day; and
WHEREAS, Paula’s mother, Lois Bohovesky, must now relive that day as she fights to
keep Paula’s killers in jail by asking the Parole Board not to authorize the men’s release, a task
that she will have to often undertake because State Law allows inmates seeking parole to reapply
every two years; and
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Resolution No. 206 – Continued
WHEREAS, the Town Board of Orangetown has met, considered and by a unanimous
vote approved this resolution; now therefore be it
RESOLVED, that the Town Board of Orangetown wishes to express its continuing
condolences to and support for the family of Paula Bohovesky, who was brutally raped and
murdered twenty-nine years ago as Paula’s family asks the New York State Parole Board not to
release her killers; and be further
RESOLVED, the Town is hereby authorized and directed to send a certified copy of this
resolution to Ms. Lois Bohovesky; and to such other persons proper in order to effectuate the
purpose of this resolution.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 207 MEMORIALIZING RESOLUTION
FAA AIRSPACE REDESIGN
Councilman Maturo offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
WHEREAS the FAA Airspace Redesign Study called for between 200 to 600 planes to
fly daily over parts of Pearl River and other sections of Orangetown which could adversely affect
residents in terms of noise, air pollution and safety; and
WHEREAS the current economic crisis has significantly reduced domestic air travel and
may have affected assumptions used in the Airspace Redesign Study; and
WHEREAS unlike other potentially affected communities, the Town of Orangetown was
not invited to participate in the formal NEPA public outreach and comment process that occurred
over a seven-year period;
THEREFORE, the Town Board requests that the FAA halt implementation and
reconsider the Integrated Airspace Alternative Plan to afford the Town of Orangetown an
opportunity to meet with FAA officials to present input and to discuss options.
Ayes: Councilpersons Maturo, Troy, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 208 AMEND RESOLUTION NO. 553/2008
POLICE REGULATION/TZHS
PARKING/DUTCH HILL ROAD
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLOVED, that upon the recommendation of the Traffic Advisory Board, Resolution
No. 553/2008 which allowed permit parking for Tappan Zee High School faculty on the east side
of Dutch Hill Road for a six month period is hereby amended to make the provision permanent.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 209 2009 FIELD AND PARKS USE FEES
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
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Resolution No. 209 – Continued
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation
and Buildings and the Orangetown Park Development Advisory Committee (OPDAC), the 2009
Field and Parks Use Fees is approved as follows:
Orangetown Youth Groups/Leagues:
Field/Courts without use of lights – No Charge
Softball Fields/Courts with Lights — $20.00
Baseball fields with lights –$30.00
Orangetown Adult Groups/Organizations/Leagues
Softball Fields without Lights –$40.00 (35)
Softball Fields with Lights –$60.00 (50)
Baseball Fields without Lights –$50.00 (40)
Baseball Fields with Lights –$75.00 (50)
Athletic Fields/Courts without Lights–$40.00 (30)
Athletic Fields/Courts with Lights–$60.00 (50)
College Field Use (Baseball) –$100.00 w/o lights $125.00 with lights
Park Permit for General Park Use–$30.00 + Labor—Resident (25)
All Non-Orangetown/Groups—Add 100% to above fees
Showmobile Use Fee –$300.00 per event/day, plus labor (250)
Use of Greenbush Auditorium or Court Room for outside groups – $40.00
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 210 AMEND RESOLUTION NO. 780/2007
ELLEN FORDHAM/SENIOR CLERK
STENO/HIGHWAY
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that Resolution No. 780/2007 re Ellen Fordham, Senior Clerk Steno,
Highway Department, is hereby amended to include permanent, from Eligible List No. 07172.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 211 AMEND RESOLUTION NO. 164/2008
JENNIFER FEIERTAG/SENIOR
CLERK TYPIST/BUILDING
Councilman Maturo offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that Resolution No. 164/2008 re Jennifer Feiertag, Senior Clerk Typist,
Building Department, is amended to include permanent, from Eligible List No. 08220.
Ayes: Councilpersons Maturo, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
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RESOLUTION NO. 212 SET PUBLIC HEARING DATE/REFER
TO AGENCIES/ENERGY STAR
CONSTRUCTION/LOCAL LAW 3, 2009
Councilwoman Low-Hogan offered the following resolution, which was seconded
by Councilman Troy and was unanimously adopted:
RESOLVED, that a public hearing is scheduled for April 13, 2009 to consider Local Law
No. 3, “Energy Star Construction” and it is authorized to refer out to interested and involved
agencies.
Ayes: Councilpersons Low-Hogan, Troy, Manning, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 213 COMBINE ITEMS
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that agenda items fourteen (14) threw twenty-three (23), expect for item 19,
are hereby combined.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 214 RELEASE PERFORMANCE BOND
HEGARTY HOMES, INC $487,324
HARMONY HILLS SUBDIVISION
ELIZABETH STREET
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Planning Board (PB2009-07), the
Town Highway Department, DEME and the Town Attorney’s Office, the Board hereby
authorizes the release of the Hegarty Homes, Inc. Performance Bond related to the ‘Harmony
Hills Subdivision (72.08/3/79 & 83)’ in the amount of $487,324.00, and which was posted with
the Town pursuant to PB# 1998-143, subject to the developer depositing the sum of $9,200.00
with the Town to provide Final As-Built Plans, Monumentation, and Pump Station
Cleaning/Training Manuals, and any other improvements required by the Town.”
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 215 ACCEPT ROAD DEDICATION
STEVENS WAY/ORANGEBURG
LOWE’S HOME IMPROVEMENT
ORANGEBURG HOLDINGS/FB
ORANGETOWN
Councilwoman Manning 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, the
Department of Environmental Management and Engineering and the Superintendent of
Highways, “Stevens Way” located in Orangeburg, New York, and identified as a part of Tax
Lots 74.15/1/3, 4 and 21 is hereby accepted for dedication as a public roadway and the Town
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Resolution No. 215 – Continued
Supervisor or his designee is hereby authorized to execute all transfer documents necessary to
effectuate the acceptance of this dedication and have the deeds thereto recorded with the
Rockland County Clerk, the originals to be returned for filing with the Town Clerk.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 216 2009 CERTIFICATE OF
REGISTRATION/SEWER WORK
W. HARRIS & SON, INC
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Director of the Department of
Environmental Management and Engineering and the Town Attorney, W. Harris & Son, Inc., of
37 West Washington Avenue, Pearl River is hereby approved for a Certificate of Registration for
2009 to perform sewer work. Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 217 AUTHORIZE EXPENDITURE
CLARKSTOWN LANFILL PRP
GROUP FUND/$3,500
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that the expenditure of $3,500.00 to the Clarkstown Landfill PRP Group
Fund is hereby authorized.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 218 RELEASE PERFORMANCE BOND
G&G HOLDINGS/G & G HOLDINGS
SUBDIVISION/UPPER GRANDVIEW
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Planning Board (PB# 2009-13), the
Town Highway Department, DEME and the Town Attorney’s Office, the Board hereby
authorizes the release of the G&G Holdings Performance Bond, in connection with the
subdivision known as G & G Holdings Subdivision (71.09-1-2.1 and 2.2), 1098 Route 9W,
Upper Grandview, NY, which was collateralized by a cashier check in the amount of $28,902.00,
which bond and collateral were posted pursuant to Town Board Resolution 352/2005. Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
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RESOLUTION NO. 219 PERMISSION GRANTED
ANN MAESTRI/NATALIE SCHUTTER
NYS GOVERNMENT FINANCE
OFFICERS
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that permission is hereby granted to Ann Maestri and Natalie Schutter for
travel and lodging to attend the NYS Government Finance Officers at an approximate cost of
$1,300 for the period of April 1 through April 3.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 220 STEARNS & WHELER, INC
AMENDMENT NO. 6/RECEIVED AND
FILED
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that the fully executed original Amendment No. 6 to the Agreement between
the Town of Orangetown and Stearns & Wheler, LLC is received and filed in the Town Clerk’s
Office.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 221 STATEMENT OF CASH RECEIPTS
CASH DISBURSEMENT/CASH
BALANCES/INDEPENDENT
AUDITOR’S REPORT/JUSTICE
COURT/RECEIVED AND FILED
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that the Statement of Cash Receipts, Cash Disbursement and Cash Balances with
Independent Auditors’ Report, year ended December 31, 2008, for Orangetown Justice Court is
received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 222 ACCEPT MINUTES
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that the February 23, 2009 Regular Town Board Meeting, Audit Meeting
and Executive Session minutes; the February 28, 2009 Special Town Board Meeting minutes;
and the March 2, 2009 Audit Meeting and Executive Session minutes are hereby accepted.
Ayes: Councilpersons Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
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RESOLUTION NO. 223 ENTER AUDIT
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 8:45 p.m.
Ayes: Councilpersons Troy, Low-Hogan, Manning, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 224 PAY VOUCHERS
Councilman Troy offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for General
Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Trust and Agency, Special
District, Special Parking and Capital Projects Funds in the amount of $503,610.09. Ayes: Councilpersons Troy, Low-Hogan, Manning, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 225 ENTER EXECUTIVE SESSION
Councilman Maturo offered the following resolution, which was seconded by
Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board entered Executive Session to discuss personnel matters. Ayes: Councilpersons Maturo, Low-Hogan, Manning, Troy
Supervisor Kleiner
Noes: None
Resolution Nos. 225A and 225B see Executive Session.
RESOLUTION NO. 226 ADJOURNMENT
Councilman Troy offered the following resolution, which was seconded by
Councilman Maturo and was unanimously adopted:
RESOLVED, that the Town Board adjourned at 9:10 p.m.
Ayes: Councilpersons Troy, Maturo, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
____________________________________ Charlotte Madigan, Town Clerk