Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MONDAY, SEPTEMBER 24, 2012

This Town Board Meeting was opened at 7:40 p.m.  Supervisor Stewart presided and the Town Clerk called the Roll.  Present were:

 

Councilman Denis Troy (arrived at 8:30 p.m.)

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

Ann Maestri, Supervisor of Fiscal Services

James Dean, Superintendent of Highways

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

 

Charlotte Madigan led the Pledge of Allegiance to the Flag.

 

Summary of Public Comments (RTBM):

Guy Gervasi, President of Clarkstown Taxpayers Group is moving into Orangetown.  He has the same concerns regarding lowering taxes.

Laura Davie, Greenbush Presbyterian Church, appreciates the accommodations that were made with the Traffic Advisory Board and the Police Department regarding parking on Western Highway, for special events.

Eileen Larkin, Palisades, is against Orangetown’s employees doing work in other municipalities.

 

RESOLUTION NO. 435                                          CLOSE PUBLIC COMMENTS  

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 436                                          AMEND RESOLUTION#243/2012        AID/TEAM KJ DUATHALON

 

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

 

RESOLVED, that Resolution #243/2012, approving aid to the Team KJ Duathalon, is hereby amended, by adding 120 weighted barricades and 50 highway cones.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 437                                          COMBINE AGENDA ITEMS

 

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

Resolution No. 437 – Continued

 

RESOLVED, that agenda items 2 thru 4 are hereby combined.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 438                                          AWARD BID/NEW STREET SWEEPER TRUCK/TRUIS, INC.

 

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

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for One (1) New Street Sweeper Truck, which were received and publicly opened on July 5, 2012.  The Superintendent made this recommendation to the Town Board; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet are labeled Exhibit 09-A-12, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that this bid is hereby awarded to Truis, Inc., Bohemia, New York, the only qualified bidder, in the amount of $205,813.00 to be charged to Account No. H5130200.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 439                                          AWARD BID/LIGHT DUTY TRUCK

                                                                                    WEST HERR

 

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

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for One (1) New Light Duty Truck, which were received and publicly opened on July 5, 2012.  The Superintendent made this recommendation to the Town Board; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet are labeled Exhibit 09-B-12, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that this bid is hereby awarded to West Herr, Hamburg, New York, the lowest qualified bidder, in the amount of $49,495.00, to be charged to Account No. H5130200.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 440                                          AWARD BID/MEDIUM DUTY TRUCK NAVISTAR, INC.

 

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

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for One (1) New Medium Duty Truck, which were received and publicly opened on August 2, 2012.  The Superintendent made this recommendation to the Town Board; a copy of the Affidavit of

Publication, Notice of Posting and Bid Sheet are labeled Exhibit 09-C-12, and made a part of these minutes.  Now, Therefore, Be It

 

Resolution No. 440 – Continued

 

RESOLVED, that this bid is hereby awarded to Navistar, Inc, Loudonville, New

York, the only bidder to meet the Town’s specification, in the amount of $78,044.00, to be charged to Account No. H5130200.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 441                                          ACCEPT DONATION/HOWARD DEAN SPARKILL CREEK FLOOD RELIEF ENGINEERING INVESTIGATION

 

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

 

RESOLVED, that the Town Board accepts the donation from Howard Dean in the amount of $10,500.00 to fund a “Sparkill Creek Flood Relief Engineering Investigation.”

 

Ayes:      Councilmen Morr, Valentine, Diviny

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 442                                          2013 TENTATIVE BUDGET/BUDGET MESSAGES/FILED/DISTRIBUTED       

 

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

 

RESOLVED, that the Supervisor filed, with the Town Clerk, the 2013 Tentative Budget, budget messages, and estimates and schedules of the various administrative units.  The Town Clerk distributed this Budget to the Town Board and the Board has accepted it for review.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 443                                          ACCEPT/RECEIVE/FILE/DOCUMENTS TOWN CLERK’S OFFICE

 

Councilman Diviny 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. Certificate of Substantial & Final Completion for the Sludge Handling Facility Modification, (WWTP-10-02), Electrical with Ray S. Pantel, Inc.
2. August 28, 2012 Regular Town Board Meeting minutes and September 4, 2012 Police Commission, Executive Session and Budget Meeting minutes.
3.  DEME:  SPDES NY – 0026051; August, 2012 Monthly Report/Violation of Fecal Coliform Maximum 7-day Average.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO.  444                                         ENTERED AUDIT

 

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

 

RESOLVED, that the Town Board entered the Audit Meeting at 7:55 p.m.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 445                                          PAY VOUCHERS

 

Councilman Diviny 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 the General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds in the amount of $1,059,655.39.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 446                                          OPEN PH/POLICE REGULATION TOWN CODE CHAPTER 39, VEHICLES & TRAFFIC (NO PARKING-WESTERN HWY-NORTH OF ERIE STREET)

 

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

 

RESOLVED, that the 8:00 p.m. public hearing to amend the Town Code, Chapter 39, Vehicles and Traffic (no parking on Western Highway, north of Erie Street) is hereby opened.

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 09-D-12 and made a part of these minutes.

 

This public portion was opened and there were no public comments.

 

RESOLUTION NO. 447                                          CLOSE PH/POLICE REGULATION TOWN CODE CHAPTER 39, VEHICLES & TRAFFIC (NO PARKING-WESTERN HWY-NORTH OF ERIE STREET)

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:     Councilmen Diviny, Valentine, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

RESOLUTION NO. 448                                          LEAD AGENCY/POLICE REGULATION TOWN CODE/CHAPTER 39, VEHICLES & TRAFFIC (NO PARKING-WESTERN HWY-NORTH OF ERIE STREET)

 

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

 

RESOLVED, that the Town Board declares itself Lead Agency in this matter.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

RESOLUTION NO. 449                                          SEQRA DECLARATION/POLICE REGULATION/TOWN CODE CHAPTER 39, VEHICLES & TRAFFIC (NO PARKING-WESTERN HWY-NORTH OF ERIE STREET)

 

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

 

RESOLVED, that a SEQRA Declaration of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment, is hereby adopted; a copy is labeled Exhibit 09-E-12, and made a part of these minutes

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

TOWN OF ORANGETOWN

LOCAL LAW NO. 4, 2012

 

Be it enacted by the Town Board of the Town of Orangetown as follows:

 

Section 1. Title.

 

A Local Law amending Chapter 39 (Vehicles and Traffic), Article I (Vehicle and Traffic Regulations) of the Code of the Town of Orangetown.

 

Section 2.  Amend Section 39-5.H, by adding:

 

• No parking on either side of Western Highway north of Erie Street.

 

Section 3.  Effective date.

 

The provisions of this local law shall take effect immediately upon filing with the Secretary of State.

 

RESOLUTION NO. 450                                          ADOPT/LOCAL LAW 4, 2012/POLICE REGULATION/TOWN CODE/CHAPTER 39, VEHICLES & TRAFFIC (NO PARKING WESTERN HWY-NORTH OF ERIE ST)

 

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

 

WHEREAS, the Town of Orangetown Traffic Advisory Board recommends adoption of Local Law 4, 2012;

Resolution No. 450 – Continued

 

BE IT RESOLVED, that the Town Board hereby adopts Local Law 4, 2012, to amend the Town Code, Chapter 39 entitled “Vehicles and Traffic,” to prohibit parking on Western Highway north of Erie Street to the border with the Town of Clarkstown.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

The Town Board took a recess and after the recess the Town Board had a long discussion regarding the 2013 Tentative Budget.

 

RESOLUTION NO. 451                                          ENTER EXECUTIVE SESSION           

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, John Edwards, Teresa Kenny and Mike Mandel, Board of Ethics.

 

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

 

RESOLVED, that the Town Board entered Executive Session to discuss particular Ethic matters at 9:48 p.m.

 

Ayes:      Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

* * *

RESOLUTION NO. 452                                          REENTERED RTBM ADJOURNMENT/MEMORY

 

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

 

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting and adjourned, in memory of Jacqueline Hogg, Pearl River, at 10:00 p.m.

 

Ayes:      Councilmen Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:      None

 

 

 

 

 

____________________________________

Charlotte Madigan, Town Clerk