Meeting Overview

REGULAR TOWN BOARD MEETING

TUESDAY, SEPTEMBER 28, 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

Councilman Thomas Diviny

Councilman Michael Maturo

Absent: Councilwoman Nancy Low-Hogan

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

John Giardiello, Director of OBZPAE

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

Scott Burton led the Pledge of Allegiance to the Flag.

Summary of Public Comments (RTBM):

Guy Gervasi, Clarkstown resident, spoke about his proposal showing how Orangetown could generate an additional $200,000 a year, by Clarkstown and Orangetown sharing golf and swimming facilities.

James Castagna, Sparkill, asked for funds to be allocated in the 2011 budget for the rail trail and the American Legion parking lot (commuter lot).

Helen Shaw, Pearl River, said she did not receive any notice postponing Shoprite’s public hearing. She asked, if there any is protocol for notification of postponement and the dates of the traffic study.

Joan Burke, Pearl River, asked if residents will be notified of public hearing regarding 75 Mountainview Ave., Pearl River.

RESOLUTION NO. 565 CLOSE PUBLIC COMMENTS

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

RESOLVED, that the public portion is hereby closed.

Ayes: Councilpersons Diviny, Troy, Maturo

Supervisor Whalen

Noes: None

Absent: Councilwoman Low-Hogan

* * *

RESOLUTION NO. 566 SCHEDULE PUBLIC HEARING PROPERTY MAINTENANCE VIOLATION/75 MOUNTAINVIEW AVE/PEARL RIVER

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

RESOLVED, that a public hearing is scheduled for October 19, 2010 at 8:00 PM, pursuant to Chapter 24C-15 of the Town Code for the Town of Orangetown, to consider performing work at the property known as 75 Mountainview Avenue, Pearl River, S/B/L 69.17-5-1.2.

Ayes: Councilpersons Troy, Diviny, Maturo

Supervisor Whalen

Noes: None

Absent: Councilwoman Low-Hogan

RESOLUTION NO. 567 BUILDING FEE WAIVER/SACRED HEART/GYMNASIUM EXPANSION

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

RESOLVED, that the building fees, in the amount of $4,500, for Sacred Heart gymnasium expansion are hereby waived.

Ayes: Councilpersons Troy, Diviny, Maturo

Supervisor Whalen

Noes: None

Absent: Councilwoman Low-Hogan

* * *

RESOLUTION NO. 568 APPOINT/DOWNTOWN HAMLET REVITALIZATION COMMITTEE TABLED

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

RESOLVED, that appointing the following members to the Downtown Hamlet Revitalization Committee is hereby TABLED:

John Barnard Joanne DiLorenzo

Carol Baxter Rebecca Gmucs

Michael Bonardi Isabel Haley

Jim Castagna Joe Printz

Ayes: Councilpersons Troy, Diviny, Maturo

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 569 ACCEPT MINUTES

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

RESOLVED, that the August 17, 2010 Regular Town Board Meeting, Audit Meeting and Executive Session minutes are hereby accepted.

Ayes: Councilpersons Troy, Maturo, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 570 2009 COURT AUDIT REPORT RECEIVE/FILE

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

RESOLVED, that the 2009 Audit Report for Orangetown courts is hereby received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Diviny, Maturo, Troy

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

RESOLUTION NO. 571 EBENEZEER FULL GOSPEL ASSEMBLY CHURCH/EASEMENTS/RECEIVE/FILE

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

RESOLVED, that the following documents for Ebenezeer Full Gospel Assembly Church (70.05-1-16) are received and filed in the Town Clerk’s Office:
1.15’ Wide Sanitary Sewer Easement (Rockland County Clerk Inst No. 2010-26693)
2.Conservation Easement (Rockland County Clerk Inst No. 2010-26692)

Ayes: Councilpersons Maturo, Troy, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 572 APPOINT ALTERNATE CHAIRMAN/

HOUSING AUTHORITY/ANN MARIE HAHR/TABLED

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

RESOLVED, that Ann Marie Hahr is hereby appointed as Alternate Chairman to the Housing Authority, for a term expiring December 31, 2011;

BE IT FURTHER RESOLVED that the Alternate Chairman shall substitute for the Chairman when the Chairman is unavailable to participate on any matter respecting the Housing Authority;

BE IT FURTHER RESOLVED, that when the Chairman is unavailable for action on a Housing Authority matter, the Alternate Chairman shall possess all the powers and responsibilities of the Chairman.

Ayes: Councilpersons Troy, Maturo, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 573 ACCEPT RETIREMENT/POLICE DETECTIVE STEPHEN TOTH

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

RESOLVED, that the retirement of Police Detective Stephen Toth, Shield No. 162, from the Orangetown Police Department, effective September 30, 2010 is hereby accepted with regrets.

Ayes: Councilpersons Maturo, Diviny, Troy

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 574 RETIREMENT WITH FULL RETIREMENT BENEFITS/POLICE DETECTIVE STEPHEN TOTH/FAILED

Under new business, Supervisor Whalen offered the following resolution, which was seconded by Councilman Diviny and on a roll call FAILED:

RESOLVED, that granting full retirement benefits to Detective Stephen Toth did not pass.

Ayes: Supervisor Whalen

Noes: Councilpersons Diviny, Troy

Abstained: Councilperson Maturo

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 575 POLICE PERMISSION GRANTED COMMERCIAL VEHICLE LEVEL ONE TRAINING

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

RESOLVED, that permission is hereby granted for PO Kirk Vega and PO Scott Silva to attend Commercial Vehicle Level One Training, Massachusetts State Police Academy, New Braintree, MA, October 11-October 15 and October 18 – October 22 (2 weeks), at a cost of $3,100.00, to be charged to Accts. B/3120/50480 and B/3120161/50012.

Ayes: Councilpersons Troy, Maturo, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 576 POLICE PERMISSION GRANTED MOTORCYCLE CRASH INVESTIGATION

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

RESOLVED, that permission is hereby granted for PO Kerry Schiller to attend Motorcycle Crash Investigation, Katonah, NY, October 4-8, at a cost of $1,170.00, to be charged to Account No(s). B/3120/50441; B/3120/50480 and B/3120161/50012.

Ayes: Councilpersons Troy, Diviny, Maturo

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 577 OPEN PH/G.L.F. REALTY COMPANY (SHOPRITE) ZONE CHANGE

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

RESOLVED, that the 8:00 p.m. public hearing to consider the petition from G.L.F. Realty Company, Inc. (Shoprite), 245 East Central Avenue, Pearl River (69.13-3-35) for a zone change, from a RG District (General Residence) to a CC District (Retail Commerce) is hereby opened.

Ayes: Councilpersons Troy, Maturo, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

Charlotte Madigan, Town Clerk, presented the Affidavit of Publication, and the Notice of Posting; copies are labeled Exhibit 9-B-10 and made a part of these minutes.

The Town Clerk read a letter, from the applicant’s attorney, which said the public hearing will continue when all of the required engineering data is available.

RESOLUTION NO. 578 G.L.F. REALTY COMPANY, INC (SHOPRITE) ZONE CHANGE PETITION CONTINUE PUBLIC HEARING

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

RESOLVED, that the public hearing to consider the petition of G.L.F. Realty Company, Inc. (Shoprite), 245 East Central Avenue, Pearl River (69.13-3-35) for a zone change, from an RG District (General Residence) to a CC District (Retail Commerce), will continue on October 26, 2010 at 8 p.m.

Ayes: Councilpersons Troy, Diviny, Maturo

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 579 AID/ROCKLAND GAA/FBD FINAL PORT-O-SANS/TRASH RECEPTACLES

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

RESOLVED, that the request of the Rockland GAA for the FBD Final on October 10th to provide 2 port-o-sans (1handicapped), as well as 20 trash receptacles, to be charged to Account No. A7550.457, is hereby approved.

Ayes: Councilpersons Diviny, Troy, Maturo

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 580 AID/SOUTH ORANGETOWN ROTARY TENNIS OPEN/PORT-O-SANS

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

RESOLVED, that the request of the South Orangetown Rotary for four port-o-sans for the 2010 Tennis Open, which will be held at Tappan Zee High School and St. Thomas Aquinas College courts, October 9-12, 2010, to be charged to Account No. A7550.457, is hereby approved.

Ayes: Supervisor Whalen

Councilpersons Maturo, Troy, Diviny

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 581 2011 TENTATIVE BUDGET/BUDGET MESSAGES/FILED/DISTRIBUTED

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

Resolution No. 581 – Continued

RESOLVED, that the Supervisor filed with the Town Clerk, the 2011 Tentative Budget and the 2011 budget messages, estimates and schedules of the various administrative units and the Town Clerk distributed the 2011 Tentative Budget to the Town Board.

Ayes: Councilpersons Troy, Diviny, Maturo

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 582 AUTHORIZE APPROVAL OF MASER CONSULTING SUPPLEMENTAL PROPOSAL FOR SLUDGE HANDLING FACILITY MODIFICATIONS

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

WHEREAS, the Town is required by an Order on Consent with the New York State Department of Environmental Conservation to convert its Sewer Department digesting tanks into sludge holding tanks; and

WHEREAS, if the Town does not complete the conversion of the tanks by August 13, 2011, the Town will be liable for daily stipulated penalties for non-compliance with the Order on Consent; and

WHEREAS, Maser Consulting has previously prepared the bid documents for this sludge handling facility modification project; and

WHEREAS, the project was originally to be bid in June 2010; and

WHEREAS, after the contract was bid, but before the bids were opened, the New York State Department of Labor issued opinions indicating that process piping which has historically been performed by the general contractor should be included in a separate plumbing bid; and

WHEREAS, the Town in July 2010 requested a legal opinion from the Department of Labor relating to whether the Town’s project would require a separate plumbing bid; and

WHEREAS, the Town has recently been informed by the Department of Labor that the legal opinion will not be provided in the near future; and

WHEREAS, the Town requested a supplemental proposal from Maser Consulting relating to bidding the project with a separate plumbing bid; and

WHEREAS, Maser has provided a supplemental proposal; and

WHEREAS, based upon the need to proceed with the project in order to meet the Order on Consent requirements, the Town Attorney’s Office and the Director of the Sewer Department recommend that this resolution be approved;

NOW BE IT RESOLVED that the Town Board hereby authorizes Scott Burton, Director, Department of Environmental Management and Engineering, to enter into agreement with Maser Consulting relating to the supplemental proposal and further authorizes payment to Maser Consulting in the amount of $23,500.00.

Ayes: Councilpersons Troy, Diviny, Maturo

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 583 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 8:10 p.m.

Aye: Councilpersons Maturo, Troy, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 584 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 $527,493.53.

Ayes: Councilpersons Maturo, Troy, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

* * *

RESOLUTION NO. 585 ENTER EXECUTIVE SESSION

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

RESOLVED, that the Town Board entered Executive Session at 8:20 p.m.

Ayes: Councilpersons Maturo, Troy, Diviny

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

Resolution Nos. 586 and 587 see Executive Session.

RESOLUTION NO. 588 ADJOURNMENT/MEMORY

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

RESOLVED, that the Town Board adjourned, in memory of Eugene F. Fitzpatrick, Pearl River; and Leonard C. Cooke, Nyack, at 8:57 p.m.

Ayes: Councilpersons Diviny, Troy, Maturo

Supervisor Whalen

Noes: None

Absent: Councilperson Low-Hogan

____________________________________

Charlotte Madigan, Town Clerk