Meeting Overview

REGULAR TOWN BOARD MEETING

TUESDAY, OCTOBER 12, 2010

This Town Board Meeting was opened at 7:30 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

AnnMarie Hahr, Executive Assistant to the Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Scott Burton, Director of Environmental Management & Engineering

Robert Simon, Receiver of Taxes

John Giardiello, Director of OBZPAE

Paul Witte, Code Enforcement

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

Charlotte Madigan led the Pledge of Allegiance to the Flag.

Summary of Public Comments (RTBM):

Andrew Wiley, Pearl River, requested town employees with Town vehicles to have an e-z pass. He spoke about the Planning Board, the Rockland Conservatory of Music, special permits, and waivers of building permit fees.

John Komar, Pearl River, showed the Town Board pictures of flood damage from a collapsed drainage pipe at North Middletown Road and Pearce Parkway. He wants this flooding problem addressed.

Philip Ammirati, Pearl River, has suffered from flooding, also along North Middletown Road, for the last 10 years. He asked, what can be done to prevent any more flooding.

Eileen Larkin, Palisades, announced the Palisades Community Center fundraisers. She spoke about the tax increase and union members contributing towards their pension and health benefits.

Esta Baitler, Consumer Advocate for Cathy Lukens Home, believes it is inappropriate to argue on public TV.

Paul Valentine, Blauvelt, said instead of hiring a Construction Manager make use of the new Director of DEME abilities and forget about a Project Labor Agreement, for the Blue Hill Golf clubhouse renovation project.

RESOLUTION NO. 594 CLOSE PUBLIC COMMENTS

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

RESOLVED, that the public portion is hereby closed.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 595 APPROVE INTERMUNICIPAL AGREEMENT/OVERTIME/MCATI COURSE

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

RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Chief of Police, the Town Supervisor is hereby authorized to sign the Agreement with the

Resolution No. 595 – Continued

County of Rockland to receive, from the County of Rockland, as outlined in the 2007 SHSP Homeland Security Grant, the sum of ELEVEN THOUSAND SIX HUNDRED SIXTY and 83/100 ($11,660.83) DOLLARS as reimbursement for the compensation for Police Officers assigned to the counter-terrorism training.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 596 PERFORMANCE BOND/CRESTRON ELECTRONICS/38 RAMLAND ROAD ACCEPT/RECEIVE/FILE

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

WHEREAS, 38 Ramland Road South, LLC, as owner of certain property located at 38 Ramland Road South, Orangeburg, New York, (Tax Lot 77.15 Block 1 Lots 36 and 37) applied for and received subdivision and site plan approval from the Town of Orangetown Planning for said property pursuant to Planning Board decisions #2009-10; 2009-11 and 2010-32 for the project known as “Crestron Electronics” and

WHEREAS, pursuant to the aforesaid approvals, the Planning Board required that the applicant post a Performance Bond in the amount of $478,900.25 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 August 31, 2010 along with an Irrevocable Letter of Credit #SM237757W issued by Wells Fargo Bank in the amount of $478,900.25 naming the Town of Orangetown as beneficiary, as collateral for such Performance Bond, which Bond and Letter of Credit have 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 38 Ramland Road South, LLC in favor of the Town of Orangetown with respect to the Crestron Electronics Site Plan and Subdivision, 38 Ramland Road South Orangeburg, NY (Tax Lot 77.15 Block 1 Lots 36 and 37), which Performance Bond requires completion of certain public improvements no later than July 14, 2012, and

BE IT FURTHER RESOLVED THAT, the Town hereby formally accepts, receives and files with the Office of the Town Clerk an Irrevocable Letter of Credit #SM237757W from Wells Fargo Bank in the amount of $478,900.25 in favor of the Town of Orangetown to be held as collateral for said Performance Bond, to be returned only upon satisfactory completion of said public improvements according to Planning Board decision 2010-32, any Town departments having jurisdiction thereof, and formal resolution of the Town Board.”

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 597 HIGHWAY/DECLARE EQUIPMENT SURPLUS

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

RESOLVED, that upon the recommendation of the Superintendent of Highway, the following equipment is hereby declared surplus:

Resolution No. 597 – Continued

VEH # DESCRIPTION

#2 2000 Ford Explorer – VIN #1FMZU72X6YUA90530

#22 1958 Ferguson Work Bull – VIN #JGF301166

#27 1964 Ingram Roller – VIN #64443P9

#57 1998 Chevy 3500 – VIN #1GBJK34F0WF069599

#59 1999 GMC VacAll – VIN #1GDM7C1C0XJ502658

#62 1990 FWD DUMP – VIN #1F9AH28R8LCFT1127

#71 1982 FWD DUMP – VIN #1F9AL28R7CCFT1232

#72 1979 FWD DUMP – VIN #RB4418196L71T

#73 1982 FWD DUMP – VIN #1F9AL28R9CCFT1233

MISCELLANEOUS EQUIPMENT

AMOUNT DESCRIPTION

4 Harder Slide-In Spreaders

2 Small US Army Trailers

3 American Roads Snow Plows

1 Frink Snow Plow

1 Mack Dump Body

1 Lightning Loader Unit (1990 Model TJ-3) No Mounting Frame

1 Snap On Plasma Cutting System (1988 Model YA 2001A)

1 Graco Line Laser Paint Machine (model GM 5000)

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 598 APPROVE/SUPPLEMENTAL AGREEMT ROUTE 340 SIDEWALK PROJECT

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

RESOLVED, that the Supplemental Agreement #1 (Route 340 Sidewalk Project), between the Town of Orangetown and Lochner Engineering, P.C., for additional survey, appraisal and ROW incidental costs, in the amount of $15,500.00, is hereby approved.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 599 DECLARE INTENTION TO BE LEAD AGENCY/DAM WALL REPAIR FERDON AVE ICE POND

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

RESOLVED, that the Town Board declares its intention to be Lead Agency for purpose of removing the dam wall repair at the Ferdon Avenue Ice Pond in Piermont, NY.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 600 POLICE/GRANT PERMISSION ACCIDENT RECONSTRUCTION

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

Resolution No. 600 – Continued

RESOLVED, that permission is granted for PO Kerry Schiller to attend Accident Reconstruction, New Braintree, MA, November 1 thru 12, at a cost of $2,445.00, to be charged to Accts. B/3120/50441; B/3120.50480; and B/3120.161/50012.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 601 ACCEPT MINUTES

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

RESOLVED, that the September 7, 2010 Budget Meeting, Police Commission and Executive Sessions minutes; the September 14, 2010 Regular Town Board Meeting, Audit Meeting and Executive Session minutes; and the September 16 and 17, 2010 Budget Meeting minutes are hereby accepted.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 602 COMBINED AGENDA ITEMS

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

RESOLVED, that agenda items eight (8) thru thirteen (13) are hereby combined.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 603 EASEMENT/BARBARA ROSIN 114 RIVER RD/GRANDVIEW PUMPING STATION/RECEIVE/FILE

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

RESOLVED, that the Easement Agreement between Barbara Rosin and the Town for property located at 114 River Rd., Grandview-on-Hudson (71.46-1-4), Rockland County Inst No. 2010-00030537 is received and filed in the Town Clerk’s Office.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 604 DEBT STATEMENT/NYS COMPTROLLER/RECEIVE/FILE

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

RESOLVED, that the Debt Statement of the Town of Orangetown to NYS Comptroller is received and filed in the Town Clerk’s Office.

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

Supervisor Whalen

Noes: None

RESOLUTION NO. 605 AGREEMENT/LAWRENCE COSTELLO

GOLF COURSE CLUBHOUSE RECEIVE/FILE

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

RESOLVED, that the agreement between Lawrence J. Costello and the Town for architect work relating to the renovations at the Blue Hill Golf Course Clubhouse is received and filed in the Town Clerk’s Office.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 606 MEMORANDUM OF UNDERSTANDING STAC/DOMINICAN COLLEGE ORANGETOWN POLICE/RECEIVE/FILE

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

RESOLVED, that the Memorandum of Understanding between St. Thomas Aquinas College and the Police Department and the Memorandum of Understanding between Dominican College relating to criminal investigations and missing persons are received and filed in the Town Clerk’s Office.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 607 BOND DETERMINATIONS CERTIFICATES $9,995,000/RECEIVE/FILE

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

RESOLVED, that the Bond Determinations Certificate dated September 29, 2010, of the Supervisor of the Town of Orangetown providing for the details, Form and Related Matters of $9,995,000 Public Improvement (Serial) Bonds, 2010 of said Town is received and filed in the Town Clerk’s Office.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 608 BOND ANTICIPATION RENEWAL NOTE CERTIFICATE $1,200,000/SEWER DISTRICT/RECEIVE/FILE

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

RESOLVED, that the Bond Anticipation Renewal Note Certificate dated September 29, 2010 authorizing the issuance of a $1,200,000 Bond Anticipation Renewal Note to pay part of the cost of the establishment of the Sewer District is received and filed in the Town Clerk’s Office.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 609 RFP/CONSTRUCTION MANAGER BLUE HILL GOLF COURSE RENOVATIONS APPROVE/DISTRIBUTE

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

RESOLVED, that upon receipt and approval of the Town Board, the Request for Proposals for the Construction Manager, for the Blue Hill Golf Course renovation project, is hereby approved for distribution.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 610 APPOINT/DOWNTOWN HAMLET REVITALIZATION COMMITTEE

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

RESOLVED, that the following members are hereby appointed to the Downtown Hamlet Revitalization Committee:

Carol Baxter Joanne DiLorenzo

Michael Bonardi Isabel Haley

Jim Castagna Joe Printz

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 611 ENTERED AUDIT

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

RESOLVED, that the Town Board entered the Audit Meeting at 8:20 p.m.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 612 PAY VOUCHERS

Councilman Maturo offered the following resolution, which was seconded by Councilman Troy 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 $1,076,512.88.

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

Supervisor Whalen

Noes: None

* * *

RESOLUTION NO. 613 ENTER EXECUTIVE SESSION

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

Resolution No. 613 – Continued

RESOLVED, that the Town Board entered Executive Session at 8:30 p.m.

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

Supervisor Whalen

Noes: None

Resolution Nos. 614 and 615 see Executive Session.

RESOLUTION NO. 616 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 Dr. Richard Pergola, Orangeburg, and Nicholas Donato, owner of Hilltop Restrauant, Nyack, at 9:55 p.m.

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

Supervisor Whalen

Noes: None

____________________________________

Charlotte Madigan, Town Clerk