Meeting Overview

EXEC

DRAFT

DRAFT

TOWN OF ORANGETOWN

EXECUTIVE SESSION

TUESDAY, MAY 25, 2010

 

The Town Board entered this Executive Session from the Audit Meeting.  Supervisor Whalen presided and the Town Clerk called the Roll.

Present were:  Councilman Denis Troy

Councilwoman Nancy Low-Hogan

Councilman Michael Maturo

Councilman Thomas Diviny

Also present:

Charlotte Madigan, Town Clerk

John Edwards, Town Attorney

Teresa Kenny, First Deputy Town Attorney

Richard Pakola, Deputy Town Attorney

Barbara Gionta, Deputy Town Attorney

Charles Richardson, Director of Finance

Aric T. Gorton, Superintendent Parks-Rec. & Building Maint.

 

RESOLUTION NO.  351                                                     ENTER EXECUTIVE SESSION PERSONNEL MATTERS

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

 

RESOLVED, that the Town Board entered Executive Session to discuss particular Personnel matters, at 9:10 p.m.

Ayes:               Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO.  352                                                     REENTERED RTBM

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting at 10:23 p.m.

Ayes:               Councilpersons Maturo, Low-Hogan, Troy, Diviny

Supervisor Whalen

Noes:               None

____________________________________

Charlotte Madigan, Town Clerk

NORMAL

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, MAY 25, 2010

This Town Board Meeting was opened at 7:35 p.m.  Supervisor Whalen presided and the Town Clerk called the Roll.  Present were:

Councilman Denis Troy

Councilwoman Nancy Low-Hogan

Councilman Michael Maturo

Councilman Thomas Diviny

Also present:   Charlotte Madigan, Town Clerk

John Edwards, Town Attorney

Teresa Kenny, First Deputy Town Attorney

AnnMarie Hahr, 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

John Giardiello, Director of OBZPAE

Aric T. Gorton, Superintendent Parks-Rec. & Building Maint.

Susan Dunleavy led the Pledge of Allegiance to the Flag.

 

 

Paige Turilli of Pearl River was honored for her achievement as a National Champion (age 14 and younger) of the Irish Dancing World Championship in Glasgow, Scotland.

The week of May 16^th – May 22, 2010 was proclaimed National Public Works Week in the Town of Orangetown.

Memorial Day Observances:

Saturday, May 29^th at midnight – Vietnam Veterans’ Watchfire at Nike Park and the Piermont Pier.

Sunday, May 30^th – Walkway of Heroes, Independence Ave. and Lester Dr.

Monday, May 31^{st –} Tappan Fire Department at the Village Square; Village of Piermont at the Welcome Home Soldier; Village of Nyack at the Oak Hill Cemetery; Hamlet of Pearl River at Braundsorf Park; and the Blauvelt Lions at Lions Park.

Summary of Public Comments (RTBM):

RoseMarie Raccioppi, Tappan, reported that the Child Safe Playing Fields Act was signed into law by Governor Paterson, which bans the use of chemical pesticides on playing fields and playgrounds.  Michael Mandel, Pearl River, believes that the Resolution authorizing up to $1,000 for Coppola Services to fix the siphon line was improper.  He also said, the Town Board should pass a resolution requesting the County legislature to look at the feasibly of the County withdrawing from the MTA and contracting directly with New Jersey Transit.

Michael Kelly, Pearl River, spoke about a DWI accident on March 21^st and the Police Department’s reports.  He questioned the salaries’ of the Town attorneys.

Habib Hasan, Pearl River, spoke about comprehensive plans and governments overlapping.  He requested the use of Town Hall for a meeting.

Andrea Bruzzi, Pearl River, spoke regarding the Town Board and land use boards application requirements.  She is against Shoprite’s zone change request.

Kathie Kelly, Pearl River, thanked the Town Board for the forum and having a public hearing regarding Shoprite’s zone change.  She has safety concerns changing this from residential to commercial.

John Shaw, Pearl River, is against Shoprite’s zone change.  He believes there is plenty of parking and he has a petition with over 436 signatures against this zone change.

Helen Shaw, Pearl River, is concerned about Pearl River High School students’ safety and she is against this zone change.

Eileen Larkin, Palisades, is against waiving fees for Rockland Conservatory of Music and others.  She spoke about costs, economics and the cost of the sewer work.

Esta Baitler, Consumer Advocate for Cathy Lukens Home, asked for the timeframe for the sidewalk work, along Route 340.

Andrew Wiley, Pearl River, spoke about Rockland Conservatory of Music’s building fees, the budget, taxes, the Project Labor Agreement for the golf course and the 10-year agreement with Wyeth.

Jutao Chen, Pearl River, is against Shoprite’s zone change.  He is concerned about safety and the existing heavy traffic.

Peggy Powers, Pearl River, believes the Shoprite site should remain residential.  People can not continually buy property and expect a zone change.

Eunkyn Woo, Pearl River, said the area near Shoprite is already dangerous and he opposes the zone change.

Karen Dennis, Pearl River, opposes Shoprite’s zone change.  She is concerned about fumes from trucks idling and bright lights.  She believes it should stay residential.

Bill Lange, Pearl River, is against Shoprite’s zone change or a land swap.  All the driveways and entrances are already hazardous.

Mrs. Woo, Pearl River, is against Shoprite’s zone change.  She is concerned about safety and she urged the Town to stop this zone change.

 

RESOLUTION NO. 331                                          CLOSE PUBLIC COMMENTS

Supervisor Whalen offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

 

RESOLVED, that the public portion is hereby closed.

Ayes:               Supervisor Whalen

Councilpersons Low-Hogan, Troy, Maturo, Diviny

Noes:               None

* * *

 

RESOLUTION NO. 332                                          HIGHLAND MEWS AT SPARKILL PETITION FOR A SPECIAL PERMIT PROPOSED MIXED USE/SPARKILL HAMLET OVERLAY ZONE/653 MAIN STREET/SBL 77.08-5-49/ACCEPT REFER/INTENT TO BE LEAD AGENCY

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

RESOLVED, that the Town Board accepts the Petition for a Special Permit for proposed mixed use in the Sparkill Hamlet Center Overlay Zone District, relating to Tax Parcel 77.08-5-49, and directs that the said Petition and all accompanying papers and exhibits be referred to the Town Planning Board, pursuant to §10.5 of the Town Code, for its review and recommendation, and further be circulated to the Rockland County Department of Planning, pursuant to GML §239-l and m, as well as to the Rockland County Highway Department, Rockland County Drainage Agency and South Orangetown Central School District for their review and comment;

AND IT IS FURTHER RESOLVED, that the Town Board hereby declares its intention to act as Lead Agency for environmental review of the proposed action under the State Environmental Quality Review Act (“SEQRA”), and directs that this resolution be circulated to the Town Planning Board and Rockland County Department of Planning.

Ayes:               Councilpersons Maturo, Troy, Low-Hogan, Diviny

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 333                                          SEAN QUINN/PETITION FOR A SPECIAL PERMIT/PROPOSED MIXED USE SPARKILL HAMLET OVERLAY ZONE   3 UNION STREET SBL 77.08-5-48/ ACCEPT REFER/INTENT TO BE LEAD AGENCY

 

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

           

RESOLVED, that the Town Board accepts the Petition for a Special Permit for  proposed mixed use in the Sparkill Hamlet Center Overlay Zone District, relating to Tax Parcel 77.08-5-48, and directs that the said Petition and all accompanying papers and exhibits be referred to the Town Planning Board, pursuant to § 10.5 of the Town Code, for its review and recommendation, and further be circulated to the Rockland County Department of Planning, pursuant to GML § 239-l and m, as well as to the Rockland County Highway Department, Rockland County Drainage Agency and South Orangetown Central School District for their review and comment;

AND IT IS FURTHER RESOLVED, that the Town Board hereby declares its  intention to act as Lead Agency for environmental review of the proposed action under the State Environmental Quality Review Act (“SEQRA”), and directs that this resolution be circulated to the Town Planning Board and Rockland County Department of Planning.

Ayes:               Councilpersons Maturo, Troy, Low-Hogan, Diviny

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 334                                          ACCEPT PERFORMANCE BOND WALSH SUBDIVISION & LABOZZ 2 BUILDERS CORP.

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

WHEREAS, Gerald and Bonnie Walsh, as owners of certain property located at 253 Townline Road, West Nyack, New York, (Tax Lot 64.20 Block 1 Lot 3) applied for and received subdivision approval from the Town of Orangetown Planning for a three lot subdivision at that location pursuant to Planning Board decisions #06-24, 07-38, 08-35 and 09-19 and

WHEREAS, pursuant to the aforesaid subdivision approval, the Planning Board required that the applicant post a Performance Bond in the amount of $46,380.00 to ensure the construction and completion of certain public improvements within the subdivision, and

WHEREAS, the applicant has submitted a fully executed Performance Bond dated May 3, 2010 along with a check from LaBozz-2 Builders Corp. in the amount of $46,380.00 as collateral for such Bond, which has been approved as to form and substance by the Town Attorney’s Office,

NOW THEREFORE IT IS HEREBY RESOLVED THAT, the Town hereby formally accepts, receives and files a Performance Bond from Gerald and Bonnie Walsh and LaBozz-2 Builders Corp. in favor of the Town of Orangetown with respect to the Walsh Subdivision, 253 Townline Road West Nyack, NY (Tax Lot 64.20 Block 1 Lot 3), which Performance Bond requires completion of certain public improvements no later than May 11, 2012, and

BE IT FURTHER RESOLVED THAT, the Town hereby formally accepts, receives and authorizes the Town Finance Department to deposit a check from LaBozz-2Builders Corp. in the amount of $46,380.00 to be held in escrow as collateral for said Performance Bond, to be returned only upon satisfactory completion of said public improvements according to Town departments having jurisdiction thereof, and formal resolution of the Town Board.

 

Ayes:               Councilpersons Low-Hogan, Diviny, Troy, Maturo

Supervisor Whalen

Noes:               None

RESOLUTION NO. 335                                          AUTHORIZE/POLICE TO EXECUTE CONTRACT/WHEELABRATOR WESTCHESTER, L.P.

 

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

RESOLVED, that the Orangetown Police Department is hereby authorized to execute a contract between Wheelabrator Westchester, L.P. and the Orangetown Police Department for the disposal of special waste by the Orangetown Police Department, setting the fee at $275.00 per ton, to be charged to Account No. B3120164/5045

 

Ayes:               Councilpersons Troy, Diviny, Low-Hogan, Maturo

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 336                                          AWARD BID/BLUE DRAGON CONNECTIONS

 

Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

 

            RESOLVED, that a cabling contract is hereby awarded to Blue Dragon Connections, Stormville, NY, the lowest qualified bidder, at a cost of $17,300.00, to be charged to Acct.  A1682002/50200.  

 

Ayes:               Councilpersons Troy, Low-Hogan, Maturo, Diviny

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 337                                          APPROVE CHANGE ORDER/KINGS

                                                                                    HIGHWAY/GREENBUSH ROAD/TAPPAN IMPROVEMENTS

 

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

 

            RESOLVED, that a change order, in the amount of $67,897.00, for the contract with

Morano Bros. Corp., for additional improvements, to be charged to Account No. H51400012/50200 is hereby approved. 

 

Ayes:               Councilpersons Maturo, Troy, Low-Hogan, Diviny

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 338                                          HWY/RECLASSIFY POSITION THOMAS IACOBELLIS MAINTENANCE SUPERVISOR AUTOMOTIVE

 

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

RESOLVED, that upon the recommendation of Rockland County Personnel Office, the position of Thomas Iacobellis is hereby reclassified to Maintenance Supervisor Automotive, in the Highway Department, grade 17, step 19, annual salary $96,436, effective May 22, 2010.

 

Ayes:               Supervisor Whalen

Councilpersons Troy, Low-Hogan, Maturo, Diviny

Noes:               None

* * *

RESOLUTION NO. 339                                          ACCEPT MINUTES

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the April 25, 2010 Special Town Board Meeting minutes; the April 27, 2010 Regular Town Board and Audit Meeting minutes, and the May 4, 2010 Police Commission Meeting and Executive Session minutes are hereby accepted.

 

Ayes:               Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 340                                          DEME RESPONSE MEMO MAY 4, 2010 NYS COMPTROLLER REPORT WASTEWATER CAPITAL PROJECT/RECEIVE/FILE

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the DEME Response Memo, dated May 4, 2010, to New York State Comptroller’s Audit, regarding the Wastewater Capital project is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 341                                          THE NOBLE NINTH, INC./GERMAN MASONIC HOME/LETTER EXTENSION AGREEMENT/ORANGETOWN SUMMER DAY CAMP/RECEIVE/FILE

 

Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the fully executed Letter of Extension Agreement with The Noble Ninth, Inc., for the Orangetown Summer Day Camp is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons Maturo, Low-Hogan, Troy, Diviny

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 342                                          PROFESSIONAL SERVICES AGREEMT CASHIN ASSOCIATES FEASIBILITY STUDY/PROJECT LABOR AGREEMT BLUE HILL GOLF COURSE CLUB HOUSE IMPROVEMENTS RECEIVE/FILE

 

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the fully executed Professional Services Agreement between Cashin Associates, P.C. and the Town, relating to the feasibility study, for the use of a Project Labor Agreement, in connection with Blue Hill Golf Course Club House improvements, is received and filed in the Town Clerk’s Office.

Ayes:               Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:               None

RESOLUTION NO. 343                                          AWARD BID/PARKS AND RECREATION/LIGHT DUTY DUMP TRUCK/GABRIELLI TRUCK SALES

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

 

WHEREAS, the Superintendent of the Superintendent Parks-Rec. & Building Maint. duly advertised for sealed bids for the purchase of a 3-4 Yard Light Duty Dump Truck with Snow Plow, for use in the Park Maintenance Department, which were received and publicly opened on April 14, 2010.  The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 05-C-10, and made a part of these minutes.  Now, Therefore, Be It

RESOLVED, that this bid is hereby awarded to Gabrielli Truck Sales of Jamaica, NY, the only qualified bidder; in the amount of $50,136.00, to be charged to Account No. A7110002/50200.

 

Ayes:               Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 344                                          APPROVE/EMERGENCY PROCUREMENT GREEN MOUNTAIN PIPELINE

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

RESOLVED, that an emergency procurement, in the amount of $23,094.80, with Green Mountain Pipeline for sewer line repairs, to be charged to Account No. G8197004/50454, is hereby approved.

Ayes:               Councilperson Diviny, Supervisor Whalen

Councilpersons Troy, Low-Hogan, Maturo

Noes:               None

* * *

 

RESOLUTION NO. 345                                          APPROVE/AID/ORANGEBURG VOLUNTEER FIRE ASSOCIATION CARNIVAL/DOMINICAN COLLEGE

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

RESOLVED, that the request of the Orangeburg Volunteer Fire Association for 25 trash receptacles, 20 barricades and one dumpster for their Carnival at Dominican College to be held June 2, 2010 thru June 6th, 2010, to be charged to Account No. A7550004/50457 is hereby approved.

Ayes:               Councilpersons Troy, Diviny, Low-Hogan, Maturo

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 346                                          APPROVE/AID/PEARL RIVER ROTARY SOAP BOX DERBY/CHILI COOK OFF

Under new business, Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

RESOLVED, that the request of the Pearl River Rotary, for use of five portable toilets, trash receptacles and removal, barricades, cones and hay bales on Central Avenue, for the Soap

 

Resolution No. 346 – Continued

Box Derby trials, to be held on Central Avenue, Pearl River, on May 23, 2010.  The actual Derby and Chili Cook Off is on June 6^th with a rain date of June 13^th, to be charged to Account No. A7550/50012/50457 is hereby approved.

Ayes:               Councilpersons Low-Hogan, Diviny, Troy, Maturo

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 347                                          SCHEDULE PUBLIC HEARING/ZONE CHANGE PETITION/G.L.F. REALTY COMPANY INC/PEARL RIVER SHOPITE 245 E CENTRAL AVE/69.13-3-35     

Under new business, Councilman Diviny offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that a Public Hearing is scheduled for Tuesday, June 22, 2010 at 8:00 p.m. to consider the petition of G.L.F. Realty Company, Inc. (Shoprite) for a zone change for property located at 245 East Central Avenue, Pearl River (69.13-3-35) from an RG (General Residence) District to a CC (Retail Commerce) District.

Ayes:               Councilpersons Diviny, Low-Hogan, Maturo, Troy

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO.  348                                         ENTERED AUDIT

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the Town Board entered the Audit Meeting at 9:05 p.m.

Aye:                Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 349                                          PAY VOUCHERS

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo 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 for a total amount of $1,417,279.97.

Ayes:               Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 350                                          ENTER EXECUTIVE SESSION

Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

Resolution No. 350 – Continued

 

RESOLVED, that the Town Board entered Executive Session at 9:10 p.m.

Ayes:         Councilpersons Low-Hogan, Maturo, Troy, Diviny

Supervisor Whalen

Noes:         None

Resolution Nos. 351 and 352 see Executive Session.

 

 

RESOLUTION NO.             353                                          ADJOURNMENT/MEMORY

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

RESOLVED, that the Town Board adjourned, in memory of Len Post, Orangetown Commercial Building Inspector; Larisa McCloskey, Orangeburg; Marilyn Dugandzic, Pearl River; and Patricia Sheridan, former Clarkstown Town Clerk, at 10:28 p.m.

Ayes:               Councilpersons Troy, Maturo, Low-Hogan, Diviny

Supervisor Whalen

Noes:               None

____________________________________

Charlotte Madigan, Town Clerk