Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, May 20, 2014

 

This Town Board Meeting was opened at 7:30 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

Elijah Reichlin-Melnick, Supervisor’s Confidential Asst.

John Edwards, Town Attorney

Teresa Kenny, First Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Mike Yannazzone, Highway General Foreman

Stephan Munno, Highway Sr. Assistant Administrator

Joseph Moran, Commissioner of DEME

John Giardiello, Director of OBZPAE

Aric Gorton, Superintendent of Parks and Recreation

 

Jim Dean led the Pledge of Allegiance to the Flag.

 

Announcements:

1. United Water Surcharge Case Hearing for Public Comment, Town Hall, Thursday, May 22, 7pm.
2. RLUIPA Training (Religious Land Use and Institutionalized Persons Act), Town Hall, Thursday, May 29, 7pm. Sponsor: Rockland Municipal Planning Federation.
3. Change in personnel, Supervisor’s confidential assistant: Suzanne Barclay separating from Town 5/16/14, Elijah Reichlin-Melnick will take her place, effective 5/19/14

The Highway Department received the 2013 National Safe and Sustainable Snowfighting Award.

Jim Dean recognized his employees who have reached their 25-40 years milestones and thanked them for their dedicated service. Summit School students:  John Attaway, Joseph Carlino, Devon Darby, Steven Marcellino, Donovan Ramses, Christian Remo and Alec Sherer received Certificates for their hard volunteer work, in making the quality of life better in Orangetown.  HDR/LMS was recognized for them being an Adopt-A-Sport sponsor for the past five years. The Beautification Award was given to James and Phyllis Dodge for Andrew’s Acre Adopt-A-Spot.  Community Clean-Up Awards were received by Sonia Cairo, Gerry Collins, Galit Maayani, and Jo Anne Pederson.  Mike Yannazzone, along with the employees, presented Jim Dean with a plaque,  to thank him, their boss and friend, for 55+ years of faithful, unselfish, dignified dedicated public service to the residents of Orangetown and the Highway Department.

 

A Proclamation stating May 18-24, 2014 is Emergency Medical Services (EMS) in the Town of Orangetown was presented to all of Orangetown’s Ambulance Corps and the Rockland County Paramedics.

 

Dennis Lynch, Attorney, for Celtic Sheetmetal addressed the Town Board regarding a zone change (from LO/R-40 Districts to LI District) for 636 North Greenbush Rd, Blauvelt.  He asked the Board if proceeding with this project is worthwhile

 

Summary of Public Comments:

Laurie Wohl, Vice President, Orangeburg Library, donated trees in memory of her husband. She introduced Mary Kane, the new librarian, who began in March.  Ms. Kane finds the Orangetown Community friendly, welcoming, and warm.

Mike Mandel, Pearl River, is in favor of a sewer study, but is opposed to a private/public partnership, such a partnership poses a conflict of interest.

Eileen Larkin, Palisades, is opposed to a private/public partnership stating Orangetown can retain its own authority. She welcomed and congratulated Elijah Reichlin-Melnick.

Watson Morgan, Blauvelt, feels the concept of self-examination is a good idea in order to make things more efficient. He has reservations about a Sheet Metal company relocating to Orangetown.

Galit Maayani, Coordinator, Keep Rockland Beautiful, thanked the Town Board, the many volunteers, along with the Highway Department, for their help.

Tom DePrisco, Vice President, PRSD Board of Ed., spoke about pension contributions.  He applauds the Town Board for Resolution No. 292 and encourages contacting State representatives for mandate relief.

Joseph Brady-Amoon, Nyack, supports the studies on the Sewer Department. He believes the community needs tax relief but not at the expense of Pension Tier III and Tier IV employees, who gave faithful service for decades.

 

RESOLUTION NO. 281                                          CLOSE PUBLIC COMMENTS

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 282                                         APPROVE TOWN SERVICES/AID SUBJECT TO REIMBURSEMENT GRAN FONDO

 

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

 

RESOLVED that the Town Board hereby authorizes the Town Police, Highway and Parks Department to lend assistance, including personnel and equipment (traffic cones, detour signs, barricades and barrels), as may be required, to the sponsors/organizers of the Gran Fondo Bicycle Race Event, to be held on May 18th  as same passes through the Town of Orangetown, subject to, and conditioned on, the reimbursement of any costs incurred by the Town in connection therewith, and further subject to satisfaction of the Town’s insurance and indemnification requirements.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 283                                          GRANT WRITING/GREEN INNOVATION GRANT PROGRAM HOME FOR HEROES DRAINAGE PROJECT

 

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

 

RESOLVED that the Town Board hereby authorizes Supervisor Stewart to take such action as necessary to submit grant application for the Green Innovation Grant Program for the Homes for Heroes drainage project.

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

* * *

 

 

 

 

RESOLUTION NO. 284                                          TAPPAN ZEE BRIDGE COMMUNITY BENEFITS FUND/AUTHORIZE APPLICATION

 

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

 

RESOLVED, that the Town Board authorizes Supervisor Stewart to apply for funding under the Tappan Zee Community Benefits Fund with the submission reflecting project priority order.

 

Ayes:         Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes:         None

 

A lengthy discussion took place between the Town Board and the Supervisor regarding the Department of Environmental Management and Engineering.

Supervisor Stewart, along with Councilman Valentine, fully supports bringing in outside firms to conduct studies regarding the operation of the Sewer Department, along with the benefits of a public/private partnership.

Councilmen Troy, Diviny and Morr are against any outside studies or public/private partnerships. Councilman Diviny adamantly believes a partnership will cost taxpayers more money.  Councilman Troy believes the Supervisor has not given his full cooperation to work things out.  Councilman Morr believes homework was not done in-house first.

They all agreed to an in-house study headed by Joe Moran, Commissioner of DEME.

Joe Moran, Commissioner of DEME, is opposed to a private/public partnership and welcomes the opportunity to work with an impartial committee.  He has always answered questions and has cooperated with the Board.  DEME is locked into certain chemicals, and costs to remain regulated.

 

 

RESOLUTION NO. 285                                          ROLL CALL FAILED/SEWER TREATMENT PLANT OPERATIONAL REVIEW STUDY

 

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

 

RESOLVED given the complexity, cost and essential necessity of sewer operations, the Town Board directs the Supervisor to commission an independent report, for a cost of $14,500.00 or less, which report shall evaluate current conditions and make recommendations regarding topics such as: labor saving technologies, the need for 24 hour staffing and the “buddy

system”, “time clock operation”, “gas boy” security, overtime costs and staffing, succession planning for licensed operator retirements and various other topics as may merit independent analysis to aid the Town Board and current management in setting priorities.

 

Ayes:         Supervisor Stewart

Councilperson Valentine

Noes:         Councilpersons Diviny, Troy, Morr

 

 

* * *

 

RESOLUTION NO. 286                                          ROLL CALL FAILED/SEWER STUDY TO DETERMINE COST/BENEFIT OF PUBLIC-PRIVATE PARTNERSHIP

 

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

 

 

RESOLUTION NO. 286 – Continued

 

RESOLVED, having reviewed the literature on Private Public Partnerships for sewer operations and consulted with Town of Poughkeepsie and other relevant cases showing likelihood of substantial tax savings and preservation of personnel benefits along with quality of service, the Town Board directs Supervisor to commission an independent report, for a cost of $5000 or less, that will advise the Town Board whether or not it makes sense to contract with a private company, for the operation and maintenance of part or all of the sewer treatment system, and to make recommendations on various operational questions. Topics to be covered to include: review of comparable cases of subcontracting in the region, estimated cost savings, expected scope of services, term of contract, impact on existing employees’ wages and benefits, alternative approaches to consider. The report shall provide draft language or samples of successful RFPs and contracts for operation of sewer treatment plants.

 

Ayes:         Supervisor Stewart

Councilperson Valentine

Noes:         Councilpersons Diviny, Troy, Morr

 

* * *

 

RESOLUTION NO. 287                                          CERTIFICATE OF REGISTRATION 2014 SEWER WORK

 

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

 

RESOLVED that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a certificate of registration for 2014 Sewer Work is approved to:

 

Dutra Excavating & Sewer, Inc., 10 Stone Hollow Road, Montvale, NJ

First rate Landscaping & Construction, PO Box 1212, New City, NY

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 288                                          AID/ORANGEBURG VOLUNTEER FIRE ASSOCIATION CARNIVAL

 

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

 

RESOLVED, that upon recommendation of the Superintendent of Highway, aid, by providing 25 garbage cans (large barrels), 20 barriers (horses) and a dumpster, to the Orangeburg Volunteer Fire Association, for their carnival held from June 4th to June 8th 2014 is hereby approved.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 289                                          AID/SHOWMOBILE/FALL MUSIC FESTIVAL/PIERMONT PAL

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation, use of the Showmobile, by the Piermont PAL and The Turning Point, for the Fall

RESOLUTION NO. 289 – Continued

 

Music Festival, on Monday, September 1, 2014, at a rental cost of $350.00, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured, is hereby approved.

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 290                                          AID/SHOWMOBILE ROCKLAND BERGEN MUSIC FESTIVAL

 

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

 

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, use of the Showmobile, by Joe Durso and the Rockland Bergen Music Festival Group, for the Rockland Bergen Music Festival  on Sunday, June 29, 2014, at a rental cost of $350.00, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured is hereby approved.

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 291                                          APPOINT/ASSISTANT PLANT OPERATOR II/PERMANENT VINCENT MATTHEW JR

 

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

 

RESOLVED that upon recommendation of Rockland County Personnel and the Commissioner of DEME, Vincent Matthews Jr is hereby appointed to the position of Assistant Plant Operator II permanent, from RC list #12108, grade 14, step 3 at a salary of $66,675.00, effective June 2, 2014. (Current salary is grade 12, step 4 at $63,758.00)

 

Ayes:         Supervisor Stewart, Councilperson Valentine

Councilpersons Troy, Diviny, Morr

Noes:         None

 

* * *

RESOLUTION NO. 292                                          STATE LEGISLATURE/RELIEF STATE MANDATED IMPEDIMENTS  REPEAL LAWS / TIER IV STATE EMPLOYEES / PENSION CONTRIBUTIONS / WICKES LAW

 

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

 

WHEARAS, the town is fully committed to staying within the recently enacted NYS Tax caps through a reduction in services and to the extent possible, employee attrition and consolidation of operations.

 

The town is requesting help from the State Legislature (Senate and Assembly) with relief from State mandated impediments to meeting the tax levy cap which keeps getting lower and lower:

 

 

RESOLUTION NO. 292 – Continued

 

– the Taylor law, the related Triboro Act and binding arbitration for police contracts as presently constituted.

 

– Municipalities would also benefit by a repeal of the law whereby Tier III and Tier IV state employees do not have to contribute to their pensions after 10 years. This was passed at the height of the stock market in 1999 and it has had a deleterious effect on municipal budgets the past 10 years – with the draconian pension contributions that municipalities have had to make and often bond. This has been at the expense of the taxpayer rather the employees that benefit from the NYS pension system.

 

–  Also we ask for the repeal of the Wickes law or at least a higher ceiling for having to abide by the law for municipal projects. Rockland should at least be at the same level as Westchester.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 293                                            AUTHORIZE 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 General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds for a total amount of $1,182,649.35.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 294                                            ENTER EXECUTIVE SESSION PERSONNEL MATTER

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, Charlotte Madigan, Teresa Kenny and Jeff Bencik.

 

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

 

RESOLVED, that the Town Board entered Executive Session to discuss a particular Personnel matter, at 9:40 p.m. Supervisor Stewart said no further votes will be taken.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

  RESOLUTION NO. 295                                          RE-ENTER RTBM/ADJOURNED MEMORY

 

                                                                                   

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

 

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Ceil Yezarsky-Cox, employee Bob Yezarsky’s sister; and Laura Leddy, Pearl River, at10:07 p.m.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:         None

 

 

 

 

____________________________________

                                                                        Charlotte Madigan, Town Clerk