TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MONDAY, DECEMBER 14, 2009

 

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

 

Councilman Denis Troy

Councilwoman Marie Manning

Councilwoman Nancy Low-Hogan                              

Councilman Michael Maturo

 

Also present:    Charlotte Madigan, Town Clerk

                        Eliot Tozer, Deputy Supervisor

                        John Edwards, Town Attorney

                        Teresa Kenny, First Deputy Town Attorney

                        Suzanne Barclay, 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

                        Kevin Nulty, Chief of Police  

                        Lt. Lorraine Wetzel, Police Department

                        Robert Simon, Receiver of Taxes

                        John Giardiello, Director of OBZPAE

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

 

Caroline and Susannah Kleiner led the Pledge of Allegiance to the Flag.

 

Dr. Lloyd Hamilton’s Free Health Clinic, Health Lifeline Link Clinic, by appointment only is located in the back of St. Ann’s Church (150 Third Ave, Nyack 845-358-Life {358-5433}).

 

Supervisor Kleiner was honored by several officials and community organizations.  Elijah Richland Melnick read a letter from Congressman Eliot Engel, thanking Thom Kleiner for his highly successful 14 years.  State Assemblywoman Ellen Jaffee presented citations recognizing his service to the residents of Orangetown.  Thom Kleiner was presented with the “Distinguished Service Award” by Harriet Cornell, Chairwoman of the County Legislature.  Bob Crable, the Democratic Party Chairman, thanked Supervisor Kleiner for his dedicated service to the Town.    

 

Supervisor Kleiner presented Councilwoman Marie Manning, Eliot Tozer, Deputy Town Supervisor, and Suzanne Barclay, Executive Assistant to the Supervisor, with certificates of meritorious service.  There were many certificates and best wishes from officials and community organizations.

 

Summary of Public Comments

Esta Baitler, Consumer Advocate for Cathy Lukens Home, spoke about the sewer odors and street lighting along Route 340.

Michael Mandel, Pearl River, is in favor of the $1.3 million bond for the golf course.  He is against both, designating a portion of the RPC property for community farming and negotiations with Conrad Geoscience for a carbon dioxide drilling project.

Stan Shelofsky, Tappan, thanked Supervisor Kleiner and Councilwoman Manning for their dedication.  He is against the bond for the golf course.

Eileen Larkin, Palisades, is in favor of the bond for the golf course and she is against the designation of a portion of RPC property for community farming.  She wished all of the Town Board good health and happiness.

Watson Morgan, Blauvelt, is in favor of both the designating a portion of RPC property for community farming and the golf course renovations.  He believes these decisions should be made by the new Town Board.

Alexis Starke, Piermont, encouraged the Town Board to work with the Farm Alliance to start a community farm on the RPC property. 

Nick Frustaci, Piermont and a member of the Blue Hill Golf Community, is in favor of the bond for the Blue Hill facilities.  The golf course is a gem and it must be kept up.

Denise Krondstat, Piermont, urged the Town Board to vote “yes” to designating a portion of RPC for community farming.

Shelly Morgan, Tappan, said more information is need regarding designating a portion of RPC to Rockland Farm Alliance for community farming.

Donald Brenner, Attorney, asked for the wording of the Order Calling a Public Hearing for the increase in the sewer bond.  

 

RESOLUTION NO. 729                                           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, Manning, Low-Hogan

                        Supervisor Kleiner  

Noes:               None

* * *

 

RESOLUTION NO. 730                                           AUTHORIZE/ROCKLAND FARM ALLIANCE/COMMUNITY FARMING

 

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

 

RESOLVED, that the Town of Orangetown is hereby authorized  to enter into negotiations for an agreement with Rockland Farm Alliance to designate a portion of land at the former Rockland Psychiatric Center for community farming.

 

Ayes:                Councilpersons Low-Hogan, Manning, Maturo

                        Supervisor Kleiner  

Noes:               Councilperson Troy

* * *

 

RESOLUTION NO. 731                                           APPROVE $1.3 MILLION BOND     BLUE HILL FACILITIES 

 

Councilman Maturo offered the following resolution, which was seconded by     Councilwoman Manning and on a roll call was unanimously adopted:

 

RESOLVED, that a bond resolution authorizing renovation work at the Blue Hill Golf Course facilities at a maximum estimated cost of $1,300,000 is hereby approved and the issuance of $1,300,000 bonds to pay the cost is hereby authorized.

 

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

                        Supervisor Kleiner  

Noes:               None

 

The Town Board thanked Larry Costello and the Golf committee for their hard work.

 

* * *

 

RESOLUTION NO. 732                                           AUTHORIZE/CONRAD GEOSCIENCE CORP/EXPERIMENTATION/NEWARK BASIN/STORAGE CARBON DIOXIDE

 

Councilwoman Manning offered the following resolution, which was seconded by     Councilwoman Low-Hogan and on a roll was adopted:

 

RESOLVED, that the Town of Orangetown is hereby authorized to enter into negotiations with Conrad Geoscience Corp. (or its designee) for an agreement to designate a portion of land at the former Orangetown sewer plant (off Hunt Rd.) for experimentation

Resolution No. 732 - Continued

 

purposes by initiating a SEQRA process for a drilling project to determine if the geological structure of the Newark Basin is suitable for the storage of carbon dioxide.  (No CO2 or any other substance will be injected as part of this experiment).

 

Ayes:                Councilpersons Manning, Low-Hogan

                        Supervisor Kleiner  

Noes:               Councilpersons Troy, Maturo

 

* * *

 

RESOLUTION NO. 733                                           CREATE/POET LAUREATE OF THE YEAR DESIGNATE/ROSE MARIE RACCIOPPI

 

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

 

RESOLVED, that the creation of a “Poet Laureate of the Year” is hereby created and Rose Marie Raccioppi is hereby designated “Poet Laureate of the Year” for 2009.

 

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

                        Supervisor Kleiner  

Noes:               None

* * *

 

RESOLUTION NO. 734                                           SET PUBLIC HEARING DATE/BUILDING PERMIT FEES/RENEWABLE ENERGY IMPROVMENTS

 

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

 

RESOLVED, that a public hearing to consider amending Section 6-11 of the Town Code related to Building Permit Fees to allow a waiver of permit fees for renewable energy improvements is scheduled for February 9, 2009, at 8:00 p.m.

 

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

                        Supervisor Kleiner  

Noes:               None

* * *

 

RESOLUTION NO. 735                                           2010 RE-ORGANIZATIONAL MEETING JANUARY 5, 2010

 

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

 

RESOLVED, that 2010 Re-Organizational Meeting is scheduled for January 5, 2010, at 7:30 p.m.

 

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

                        Supervisor Kleiner  

Noes:               None

* * *

 

RESOLUTION NO. 736                                           SET PUBLIC HEARING DATE   AMENDING TOWN CODE/GRAFFITI

 

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

Resolution No. 736 - Continued

 

RESOLVED, that setting a date for a public hearing to consider adding a chapter to the Town Code relating to Graffiti is hereby TABLED.

 

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

                        Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 737                                           APPROVE 2010 CERTIFICATE OF REGISTRATION FOR SEWER WORK

 

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

 

RESOLVED, that a 2010 Certificate of Registration for sewer work is hereby approved for the following:

 

            A. Sasso Plumbing Corporation, 468 Haverstraw Road, Haverstraw, NY

            Tobar Excavating, Inc., 385 High Street, Norwood, NJ

            Environmental Construction, Inc., 21 Holt Drive, Stony Point, NY

            Pearl River Plumbing, Heating & Electric, Inc., 60-70 Dexter Plz., Pearl River, NY

            Phoenix Excavators Corp., 4 Ruhe Lane, W. Nyack, NY

 

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

                        Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 738                                           APPROVE RENEWAL/HI-TOR ANIMAL SHELTER 2010 AND 2011

 

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

 

RESOLVED, that renewal of the contract with Hi-Tor Animal Shelter for 2010 and 2011 at an annual cost of $26,250 is hereby approved.

 

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

                        Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 739                                           SET PUBLIC HEARING DATE    INCREASE BOND/SEWER INFRASTRUCTURE PROJECT

 

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

 

RESOLVED, that a public hearing to authorize an increase in the bond amount for the completion of the sewer infrastructure project by up to $3.0 million (pending developers’ contributions of $2.0 million which would require the use of $1.0 million in bonds) is hereby scheduled for January 26, 2010 at 8:30 p.m.

 

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

                        Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 740                                           SET PUBLIC HEARING DATE    AUTHORIZE BOND/SLUDGE TANKS

 

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

Resolution No. 740 - Continued       

 

RESOLVED, that a public hearing to authorize a bond for $1.2 million for renovation of sludge tanks is scheduled for January 26, 2010 at 8:35 p.m.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 741                                           AWARD BID/DIGITAL VANDALISM DETERRENT SYSTEMS/TABLED

 

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

 

RESOLVED, that awarding the bid for a digital vandalism deterrent system with wireless download in the amount of $23,980 to Q-Star Technology, LLC, of Torrence, CA, the only bidder, to be charged to Acct.: D5140-0457 is hereby TABLED.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 742                                           APPROVE PROPOSAL/ADLER CONSULTING/TRAFFIC ANALYSIS ORANGEBURG RD/HUNT RD/OLD ORANGEBURG RD

 

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

 

RESOLVED, that the proposal submitted by Adler Consulting in the amount of $9,900 for traffic analysis and preparation of specifications, construction details and maintenance and traffic protection plans related to a traffic signal proposed for Orangeburg Road at the intersection of Hunt and Old Orangeburg Roads is hereby approved.

 

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

Supervisor Kleiner  

Noes:               None

* * *

 

RESOLUTION NO. 743                                           APPROVE ELECTRICAL INSPECTION SERVICES/ORANGETOWN

 

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

 

RESOLVED, that Westchester Rockland Electrical Inspection Services, Inc. and N.Y. Electrical Inspections and Consulting, LLC are hereby approved to provide electrical inspection services in Orangetown.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 744                                           APPOINT/ASSISTANT PLANT OPERATOR II (TRAINEE)/DEME       ERIC O’CONNELL

 

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

 

Resolution No. 744 -Continued

 

RESOLVED, that Eric O’Connell is hereby appointed to the position of Assistant Plant Operator II (Trainee), in the Department of Environmental Management and Engineering, grade 12-5, annual salary $61,140.00, effective December 15, 2009.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 745                                           2009 POLICE RECOGNITION            GENERAL ORDER 850

 

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

 

RESOLVED, that upon the recommendation of the Chief of Police, the recommendations of the 2009 Orangetown Police Department award selection committee are hereby accepted and the following officers and/or police radio dispatchers are granted formal departmental recognition per the guidelines of General Order 850.

 

  1. Det. Matthew Ryder – Operation Ghost Rider Nyack Drug/Gang case, and So. Orangetown MS kidnapping.
  2. Det. Patrick Frawley – Operation Ghost Rider Drug/Gang case.
  3. PO Michael Boysa – Operation Ghost Rider Nyack Drug/Gang case.
  4. PO Christopher Tierney – Operation Ghost Rider Drug/Gang case.
  5. D/Sgt. George Garrecht – So. Orangetown MS kidnapping.
  6. Sgt. Michael Davin – So. Orangetown MS kidnapping.
  7. Det. Michael McPadden – So. Orangetown MS kidnapping.
  8. PO David Mellin – So. Orangetown MS kidnapping.
  9. PO Michael Sullivan – So. Orangetown MS kidnapping.
  10. PO Joseph Grunski – So. Orangetown MS kidnapping.
  11. RO Margaret Walters – So. Orangetown MS kidnapping.
  12. RO Veronia Cummings – Child not breathing/CPR.
  13. PO Michael McNally – Burglary/White Ave/PR, Criminal Mischief (PR) and structure fire.
  14. PO Matthew Sullivan – Burglary and sexual assault.
  15. PO Tyrone McNeill – Chief’s Award – outstanding work in 2009, Traffic Enforcement & Safety.
  16. PO Scott Silva – Chief’s Award – outstanding work in 2009, Traffic Enforcement & Safety.
  17. Det. James Nawoichyk – Chief’s Award – outstanding work in Youth Services.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 746                                           APPROVE AGREEMENT/PATRICK JOSEPH WRAFTER/BROADACRES GOLF COURSE PRO SHOP

 

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

 

RESOLVED, that the Agreement between the Town of Orangetown and Patrick Joseph Wrafter for provision of contract services at a cost of $60,000 for 2010 for the day-to-day operation of the Broadacres Golf Course Pro Shop is hereby approved and the Supervisor is hereby authorized to sign same.

 

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

Supervisor Kleiner  

Noes:               None

* * *

 

RESOLUTION NO. 747                                           SICKELS FARMS SUBDIVISION       (69.08-1-2)/LABOZZ-2 BUILDERS CORP./ACCEPTANCE OF O’GRADY COURT/SANITARY & STORM SEWER EASEMENTS/MAINTENANCE BOND COVENANT/HOLD HARMLESS AGREEMENT/ESCROW/RELEASE PERFORMANCE BOND

 

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

 

Whereas, LaBozz-2 Builders Corp., pursuant to Planning Board decision 2004-131 received subdivision approval for the project known as the Sickels Farm Subdivision (Tax Lot 69.08-1-2), located at 260 Sickletown Road, Orangeburg, New York and,

 

Whereas, pursuant to the aforesaid subdivision approval, LaBozz-2 Builders Corp. posted with the Town of Orangetown a Performance Bond to ensure completion of certain public improvements in the subdivision, which Performance Bond and collateral were accepted by the Town Board pursuant to Town Board Resolutions 2005-587 and 2006-443 and, 

 

Whereas, LaBozz-2 Builders Corp. has made application and the Planning Board has recommended the release of the aforesaid performance bond pursuant to PB2009-22 under several conditions, and

 

Whereas, the Town Highway Department and Department of Environmental Management and Engineering have recommended acceptance of the road known as O’Grady Court for dedication as a public road but NOT the detention basin located on the property until such time as the developer or its predecessors complete its obligations pursuant to the NY State Storm Water Pollution Prevention Plan (SWPPP) and,

 

Whereas, LaBozz-2 Builders Corp. has satisfied the conditions of the PB2009-22 decision and requirements of the Town Highway Department, Department of Environmental Management and Engineering and Town Attorney’s Office by 1) Offering O’Grady Court for dedication; 2) posting a $10,000.00 Maintenance Bond with the Town for the purpose of protecting the Town from faulty materials, workmanship, and design of the road and for any damage to the road that occurs during construction on the lots in the subdivision; 3) posting a Covenant, to be recorded in the Rockland County Clerk’s Office at the expense of the applicant, which requires that each individual lot owner in the subdivision post a $10,000.00 escrow with the Town, prior to the issuance of a building permit for each individual lot, to insure the installation of soil erosion and sediment control devices prior to construction and for any damage to the public road during construction; 5) having executed a Hold Harmless Agreement, collateralized by a Letter of Credit, in the amount of $15,000, in favor of the Town to insure LaBozz-2 Builders Corp. complies with all of its obligations pursuant to the NY State Stormwater Pollution Prevention Plan and 6) having posted $7,200.00 with the Town to insure the filing of final “as-built” plans for the subdivision,

 

Now therefore it is hereby resolved that, upon the recommendation of the Town Highway Department, DEME and Town Attorney’s Office, the Town hereby accepts for dedication the road known as O’Grady Court as a public road and a Sanitary and Storm Sewer Easement on lots 2.4, 2.5 and 13 as shown more fully on the filed map (Rockland County Clerk Map No. 7814) and authorize the Town Supervisor or his designee to execute all transfer documents necessary to effectuate the acceptance of the road and easements, have same recorded with the Rockland County Clerk, and returned for filing with the Town Clerk and

 

Be it further resolved that, the Town hereby formally accepts, receives and files a $10,000.00 Maintenance Bond from LaBozz-2 Builders Corp. in favor of the Town for the purpose of protecting the Town from faulty materials, workmanship, and design of the road known as O’Grady Court and for any damage to the road that occurs during construction on the lots in the subdivision, said Bond collateralized by a Letter of Credit issued by Trustco Bank, Schenectady, New York, Serial No. 90889003; and

 

Resolution No. 747 - Continued

 

Be it further resolved that, the Town hereby formally accepts, receives and files a Covenant by LaBozz-2 Builders Corp., to be recorded in the Rockland County Clerk’s Office at the expense of the applicant, which requires that each individual lot owner in the subdivision post a $10,000.00 escrow with the Town, prior to the issuance of a building permit for each individual lot, to insure the installation of soil erosion and sediment control devices prior to construction and for any damage to the public road during construction; and

 

Be it further resolved that, the Town hereby formally accepts, receives and files a Hold Harmless Agreement by LaBozz-2 Builders Corp. in favor of the Town of Orangetown, collateralized by a Letter of Credit by Trustco Bank, Schenectady, New York, Serial No.

90889003 in favor of the Town to insure LaBozz-2 Builders Corp. complies with all of its obligations pursuant to the NY State Stormwater Pollution Prevention Plan for the subdivision, and

 

Be it further resolved that, the Town hereby formally accepts, receives and authorizes the Town Finance Department to accept from LaBozz-2 Builders Corp. the sum of $7,200.00, to be held in escrow pending submission of final “as-built” plans, to the satisfaction of the Department of Environmental Management and Engineering, and

 

Be it further resolved that, upon the foregoing conditions and the recommendation of the Planning Board pursuant to its decision PB#2009-22 and the Town Highway Department, DEME, and Town Attorney’s Office, that the performance bond posted by LaBozz-2 Builders Corp. with the Town Clerk’s Office pursuant to Town Board Resolutions 587/2005 and 443/2006 in the amount of $286,452.00, is hereby released to the LaBozz-2 Builders Corp.”

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 748                                           APPROVE/CARETAKER AGREEMENTS NIKE LANE/BLUE HILL/BORST PARK

 

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

 

RESOLVED, that the renewal of caretaker agreements with a 4% increase between the Town of Orangetown and the following individuals are hereby approved and the Supervisor is hereby authorized to sign same:  Caretaker Agreement for Nike Lane with Thomas Icobellis ($974.48 per month); Caretaker Agreement for Blue Hill with Steven Bello ($974.48 per month) and Caretaker Agreement for Borst Park with Anthony Limandri ($1,004.00 per month).

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 749                                           AUTHORIZE CONVEYANCE OF SURPLUS TOWN OWNED LANDS CONSISTING OF A PORTION OF OLD BLUE HILL ROAD WEST TO PEARL RIVER VETERANS, LLC

 

Councilwoman Manning offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:

 

WHEREAS, by Resolution No. 216 of 2008 of the Town Board of the Town of Orangetown (the “TOWN”) entered into an Intermunicipal Agreement with the COUNTY OF ROCKLAND (the “COUNTY”), pursuant to which the TOWN agreed to convey to the COUNTY a parcel of surplus real property located on and along Hunt Road in the Town of Orangetown, and the COUNTY agreed to convey to the TOWN its interest in a strip of land

 

Resolution No. 749 - Continued

 

consisting of Old Blue Hill Road West, also in the Town of Orangetown, said conveyances to include all necessary easements and cross-easements; and

 

WHEREAS, the aforesaid conveyance by the TOWN to the COUNTY was expressly made subject to permissive referendum; and

 

WHEREAS, no petition compelling a referendum on the said resolution having been filed within the statutory period, following due publication of a Notice of Adoption Subject to Permissive Referendum, the said Resolution became effective; and

 

WHEREAS, in accordance with the terms of the aforesaid Intermunicipal Agreement, the TOWN and the COUNTY have effected the referenced exchange; and  

 

            WHEREAS, the Town Board has concluded that Blue Hill Road West is of no use or value to the TOWN, and that it is in the best interests of the TOWN to dispose of it to the adjacent property owner, as surplus, for fair consideration as determined by an appraisal of the said parcel, in order to facilitate the development of the adjacent lands in a manner previously approved by both the Town Board and the Town Planning Board;   

 

NOW THEREFORE, BE IT RESOLVED:

 

            1.         The Town Board hereby declares its interest in the parcel known as Blue Hill Road West, more fully described in Schedule “A” annexed hereto and made a part hereof, to be surplus and, as such,  of no use or value to the TOWN.

 

2.         The Town Board further authorizes the conveyance of such real property to Pearl River LLC, the adjacent property owner for the sum of $420,000.00, said amount deemed to be equal to, or in excess of, the appraised value of the said property and thus constituting fair, adequate and just consideration for its conveyance, and in the overall best interests of the TOWN.

 

3.         The Supervisor of the TOWN is hereby authorized to sign a Quit Claim Deed, together with any other documents that may be necessary and required to effect the conveyance of the surplus Town property to Pearl River Veterans LLC.

 

4.         The action to be undertaken in accordance with this Resolution, including the execution of the required deed, the conveyance of the surplus TOWN owned land is determined to be an "Unlisted" action under the N.Y.S. Environmental Quality Review Act ("SEQRA"), and one that will have no significant adverse environmental impact.

 

5.         This Resolution, insofar as it authorizes the conveyance of Town owner real property, is subject to permissive referendum.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 750                                           ACCEPT RETIREMENT/DET JAMES NAWOICHYK

 

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

 

            RESOLVED, that the Town Board accepts with regret the retirement of Det. James Nawoichyk, effective January 13, 2010.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 751                                           ACCEPT MINUTES

 

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

 

            RESOLVED, that the November 23, 2009 Regular Town Board Meeting, Audit Meeting and Executive Session minutes are hereby accepted.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 752                                           APPROVE 2010 BINGO LICENSES

 

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

 

            RESOLVED, that the following are hereby approved for 2010 Bingo Licenses:

 

St. Margaret’s Catholic Church

                        St. Margaret’s Church School Auxiliary

                        St. Margaret’s Church Parish Council

            Beth Am Temple

 

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

Supervisor Kleiner  

Noes:               None

* * *

 

RESOLUTION NO. 753                                           PUBLIC IMPROVEMENT BOND $1,255,000/BOND ANTICIPATION NOTES $7,025,000 DOCUMENTS/RECEIVED/FILED

 

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

 

            RESOLVED, that the $1,255,000 Public Improvement Bond and $7,025,000 Bond Anticipation Notes documents are hereby received and filed in the Town Clerk’s Office.

 

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

Supervisor Kleiner   

Noes:               None

* * *

 

RESOLUTION NO. 754                                           DURANTE CONSTRUCTION LTD CONTRACT/SLUDGE HANDLING FACILITY/CMU WALL CONSTRUCTION/RECEIVED/FILED

 

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

 

            RESOLVED, that the original contract between the Town and Durante Construction Ltd., relating to sludge handling facility CMU wall construction is hereby received and filed in the Town Clerk’s Office.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 755                                           POLICE CAPTAIN ROBERT ZIMMERMAN CONTRACT RECEIVED/FILED

 

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

 

            RESOLVED, that the fully executed contract between the Town and Captain Robert Zimmerman is hereby received and filed in the Town Clerk’s Office.

 

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

Supervisor Kleiner  

Noes:               None

* * *

RESOLUTION NO. 756                                           ENTER AUDIT

 

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

 

            RESOLVED, that the Town Board entered the Audit Meeting at 10:12 p.m.

 

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

      Supervisor Kleiner

Noes:         None

* * *

RESOLUTION NO. 757                                           PAY VOUCHERS

 

            Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilwoman Manning 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, Special Election and Parking Funds for a total amount of $4,192,152.91.

 

Ayes:                Councilpersons Low-Hogan Manning, Troy, Maturo

                        Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 758                                           ADJOURNMENT

 

Supervisor Kleiner offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

            RESOLVED, that the Town Board adjourned, in memory of Sally Cunneen, Nyack resident and founder of Cross Currents Journal (an ecumenical quarterly review); Dr. Thomas F.X. Casey, Rockland County Historian; and Sal Marasa, Rockland County Italian/American Organizations, at 10:17 p.m.

 

Ayes:          Supervisor Kleiner, Councilpersons Manning, Troy, Low-Hogan, Maturo

Noes:         None

 

 

 

 

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                                                                        Charlotte Madigan, Town Clerk