Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, APRIL 26, 2011

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

Teresa Kenny, First Deputy Town Attorney

AnnMarie Hahr, Executive Assistant to the Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Mike Yannazzone, Highway General Forman

Stephen Munno, Sr. Administrative Assistant

Scott Burton, Director of Environmental Management & Engineering

Robert Simon, Receiver of Taxes

John Giardiello, Director of OBZPAE

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

Esta Baitler led the Pledge of Allegiance to the Flag.

 

Supervisor Whalen announced that May 15-21, 2011 is National Police Week.

James Dean, Superintendent of Highways, explained and presented the following awards:

Beautification Awards:  Tom Boutas, American Dream Diner and Vincent HoSang, Caribbean Food Delights

Adopt-A-Spot – First Commercial/Residential:  Blue Sky Landscape, Hector May, Nick Hogan and Paul Connell

Adopt-A-Spot – Five Year Anniversary:  Pearl River Garden Club and Linda Lane Garden

2010 Excellence in Snow and Ice Control from the American Public Works Association:  Town of Orangetown Highway Department

Highway Perfect Attendance Award:  Brian DeBonis, Mike Dillon, Anthony Limandri and Michael Yannazzone

2010 Retirees:  Joe Metress and Tom Scully

The Summer Youth Employment Program

Dottie Dean and Brant Goldsmith, Principal of Summit School, brought the following students to receive an award because of their hard volunteer work in making the quality of life in Orangetown better over the past year.

Students:

Solomon Barnwell            Jonathan Georgens            Phillip Puppola               Angelina Bowkett Kyle Gordon                                          Robert Ramer                    Max Carleton                 Alex May

Rachel Safran                    Patrick Chmela                  Christopher Melville      Phillip Simon

Richard Davis                   Patricia Monje                   Matthew Tegano            Matthew Field         Brandon Price

Work Supervisors – Shulton Whitley, Kyle Hassell, and Sy Samuals

Summary of Public Comments (RTBM):

Eileen Larkin, Palisades, promoted the Palisades Community Center flea market being held on April 30^th and May 1^st from 9 a.m. – 3 p.m.

RESOLUTION NO. 278                                          CLOSE PUBLIC COMMENTS

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

RESOLVED, that the public portion is hereby closed.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 279                                          APPROVE COMPREHENSIVE PLAN CONTRACT/SACCARDI  & SCHIFF

 

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

RESOLVED, that the contract with Saccardi & Schiff, for the Town’s Comprehensive Plan, in the amount of $68,000.00, to be charged to Account No. B362045717 is hereby approved.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 280                                          APPROVE SOUTH ORANGETOWN COMMUNITY AWARENESS OF SUBSTANCE ABUSE (SOCASA) REQUEST/TEEN SCREEN PROGRAM

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and on a roll call was adopted:

RESOLVED, that the request of SOCASA (South Orangetown Community Awareness of Substance Abuse), for the Teen Screen Program, in Tappan Zee and Pearl River High Schools, in the amount of $1,000.00, to be charged to Account No. A4211457, is hereby approved.

 

Ayes:               Councilpersons Troy, Diviny

Supervisor Whalen

Noes:               Councilpersons Maturo, Low-Hogan

* * *

RESOLUTION NO. 281                                          PERFORMANCE BOND/RAMSAY SUBDIVISION/ACCEPT/RECEIVE

 

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

WHEREAS, Ramsay Realty Corp, as owner of certain property located at 110 Sparkill Street Sparkill, New York, (Tax Lot 77.08 Block 5 Lots 33) applied for and received subdivision and site plan approval from the Town of Orangetown Planning for said property pursuant to Planning Board decisions #2008-66, 2010-17 and 2011-01 for the project known as “Ramsay Subdivision” and

WHEREAS, pursuant to the aforesaid approvals, the Planning Board required that the applicant post a Performance Bond in the amount of $51,426.00 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 March 31, 2011, along with an Assignment of Bank Account and Consent to Assignment of Bank account issued by Chase Bank, Sparkill, NY in the amount of $51,426.00 naming the Town of Orangetown as beneficiary, as collateral for such Performance Bond, which Bond and

Resolution No. 281 – Continued

Assignment of Bank Account 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 with the Office of the Town Clerk a Performance Bond from Kevin Ramsay in favor of the Town of Orangetown with respect to the Ramsay Subdivision, 110 Sparkill Street, Sparkill, NY (Tax Lot 77.08 Block 5 Lots 33), which Performance Bond requires completion of certain public improvements no later than February 9, 2013, and

BE IT FURTHER RESOLVED THAT, the Town hereby formally accepts, receives and files with the Office of the Town Clerk an Assignment of Bank Account from Kevin J. Ramsay and Consent to Assignment from Chase Bank in the amount of $51,426.00 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 2011-01, any Town departments having jurisdiction thereof, and formal resolution of the Town Board.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 282                                          PERFORMANCE BOND/622 ROUTE 303 SUBDIVISION/ACCEPT/RECEIVE

 

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

WHEREAS, Suncap Property Group, as representative of the owner of certain property located at 622 Route 303, Orangeburg, New York, (Tax Lot 65.14 Block 1 Lot 11) applied for and received subdivision and site plan approval from the Town of Orangetown Planning Board for a subdivision and construction of a building, project name “Fed Ex”, at that location pursuant to Planning Board decisions #10-36, #10-37, #11-16, and #11-17 and

WHEREAS, pursuant to the aforesaid subdivision and site plan approvals, the Planning Board required that the applicant post a Performance Bond in the amount of $892,034.00 (Eight Hundred Ninety Two Thousand Thirty Four and 00/100 Dollars) to ensure the construction and completion of certain public improvements at the site and within the subdivision, and

WHEREAS, the applicant Suncap Property Group has submitted a fully executed Performance Bond dated March 25, 2011 (Bond #105567059) issued by Travelers Casualty and Surety Company of America as Surety and Panattoni Construction, Inc. as Principal and the Town of Orangetown as Obligee and Suncap Property Group as dual Obligee, in the amount of $892,034.00 (Eight Hundred Ninety Two Thousand Thirty Four and 00/100 Dollars) as collateral for such Bond, which as been approved as to form and substance by the Town Attorney’s Office, and

WHEREAS, the applicant Suncap Property Group has also submitted a fully executed Performance Bond dated April 7, 2011 naming Suncap Property Group as Principal and as dual Obligee under Bond #105567059 in favor of the Town of Orangetown as Obligee requiring Suncap Property Group to complete construction of public improvements within at the site and within the subdivision,

NOW THEREFORE IT IS HEREBY RESOLVED THAT, the Town hereby formally accepts, receives and files with the Office of the Town Clerk a Performance Bond from Panattoni Construction Inc. and Travelers Casualty and Surety Company of America (Bond #105567059) in favor of the Town of Orangetown with respect to the 622 Route 303 Subdivision and Site Plan, 622 Route 303 Orangeburg, NY (Tax Lot 65.14 Block 1 Lot 11), which Performance Bond requires completion of certain public improvements no later than March 18, 2013, and

BE IT FURTHER RESOLVED THAT, the Town hereby formally accepts, receives and files with the Office of the Town Clerk a Performance Bond from Suncap Property Group, LLC

Resolution No. 282 – Continued

 

as Principal and dual obligee under Bond #105567059 in factor of the Town of Orangetown with respect to the 622 Route 303 Subdivision and Site Plan, 622 Route 303 Orangeburg, NY (Tax Lot 65.14 Block 1 Lot 11), which Performance Bond requires completion of certain public improvements no later than March 18, 2013.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO.             283                                          AUTHORIZE SUPERVISOR/SCHOOL

                                                                                    RESOURCE OFFICER/ROCKLAND BOCES/YOUTH DETECTIVE

 

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

RESOLVED, that the Supervisor is hereby authorized to sign the School Resource Office Agreement, with Addendum, with Rockland BOCES for the 2010-2011 school year.  BOCES agrees to pay a partial reimbursement to the Town for the services of a Youth Detective in the amount of $96,500.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 284                                          SET PUBLIC HEARING DATE AMEND TOWN CODE/CHAPTER 39 HEAVY TRUCKING

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

RESOLVED, that a public hearing is scheduled for May 10^th at 8:10 p.m. to amend Chapter 39, Article I, Section 39.11, entitled “Heavy Trucking” of the Town Code.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 285                                          SET PUBLIC HEARING DATE AMEND TOWN CODE/CHAPTER 8A PUBLIC WORKS DEPARTMENT

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

RESOLVED, that a public hearing is scheduled for May 24^th at 8 p.m. amending Chapter 8A of the Town Code of the Town of Orangetown, entitled Public Works Departments.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 286                                          TAX CERTIORARI SETTLEMENT ADVANCED ORANGEBURG, LLC

 

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

Resolution No. 286 – Continued

RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, Dennis D. Michaels, Deputy Town Attorney, is hereby approved and authorized to sign the Stipulation and Order and Judgment Reducing Assessment regarding the tax certiorari proceeding Advanced Orangeburg, LLC v. The Assessor of the Town of Orangetown, et al., Tax Map designation 73.20-1-33, for the tax assessment years 2007 through 2010, for a total refund by the County of $1,258, a total refund by the Town of $4,850 and a total refund by the School District of $19,676.  Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served on the Town.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 287                                          TAX CERTIORARI SETTLEMENT/PEARL RIVER MEDICAL & PROFESSIONAL

OFFICE CONDOMINIUM

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

RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, Dennis D. Michaels, Deputy Town Attorney, is hereby approved and authorize to sign the Stipulation and Order and Judgment Reducing Assessment regarding the tax certiorari proceeding Mulberry Street Realty LLC and Pearl River Medical & Professional Office Condominium v. The Town of Orangetown, et al., Tax Map designation 68.20-2-10, for the tax assessment years 2006 through 2010, for a total refund by the County of $5,950, a total refund by the Town of $23,217 and a total refund by the School District of $95,786.  Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served on the Town.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 288                                          APPOINT/ANIMAL CONTROL OFFICER

 

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

RESOLVED, that upon the recommendation of the chief of Police, Everett M. Conklin is hereby appointed to the position of Animal Control Officer II (PT), effective April 27, 2011, at an hourly rate of $23.00.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 289                                          APPROVE/PROJECT GRADUATION FUNDING

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

RESOLVED, that Project Graduation funding as follows, to be charged to Account No. A4211457, is hereby approved.

Tappan Zee High School:       $1500.00

Pearl River High School:        $1500.00

Nanuet High School:                          $  750.00

Nyack High School:                $  750.00

Resolution No. 289 – Continued

Albertus Magnus HS:             $  200.00

                                                                                                            $4700.00

 

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

Noes:               None

Abstained:       Supervisor Whalen

* * *

RESOLUTION NO. 290                                          CERTIFICATE OF REGISTRATION/   2011 SEWER WORK

 

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

RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration for 2011 Sewer Work is approved to Travcon, Inc., 275 Kings Highway, Valley Cottage, NY 10989.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 291                                          APPROVE AID/RELAY FOR LIFE

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

RESOLVED, that aid to American Cancer Society Relay for Life, at the Central Avenue Field in Pearl River on June 17, 2011, by providing barricades and trash barrels and four port-o-sans (3 regular and 1 handicapped) for the event is hereby approved.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 292                                          APPROVE SHOWMOBILE/NYACK CHAMBER/NYACK STREET FAIR

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

RESOLVED, that the use of the Showmobile for Sunday, April 17, 2011, for the Nyack Chamber of Commerce Springfest Streetfair, at a rental fee of $350.00, with the Nyack Chamber of Commerce providing a certificate of insurance.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 293                                                      ACCEPT MINUTES

 

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

RESOLVED, that the March 15, 2011 Executive Session minutes; the March 22, 2011 Regular Town Board Meeting, Audit Meeting and Executive Session minutes; and the April 5, 2011 Workshop and Executive Session minutes are hereby accepted.

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

Supervisor Whalen

Noes:               None

RESOLUTION NO. 294                                          THE NOBLE NINTH, INC. EXTENSION LETTER AGREEMENT/SUMMER CAMP/VERIZON WIRELESS/ACCESS AGREEMENT/RECEIVED/FILED

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

RESOLVED, that the fully executed originals of the following documents are received and filed in the Town Clerk’s Office:

The Noble Ninth, Inc. – Letter of Extension Agreement- Summer Day Camp

Verizon Wireless – Access Agreement-Lease

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 295                                          BLUE HILL GOLF COURSE RESTAURANT RFP/AUTHORIZE NEGOTIATIONS     

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

RESOLVED, that the Supervisor and the Town Attorney are hereby authorized to begin negotiations with the chosen vendor to operate the restaurant at the Blue Hill Golf course.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 296                                          ENTERED AUDIT

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

RESOLVED, that the Town Board entered the Audit Meeting at 8:45 p.m.

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

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 297                                          PAY VOUCHERS

Councilman Maturo offered the following resolution, which was seconded by Councilman Diviny 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 $3,011,929.93.

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 298                                          ENTER EXECUTIVE SESSION

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

Resolution No. 298 – Continued

RESOLVED, that the Town Board entered Executive Session at 8:59 p.m.

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

Supervisor Whalen

Noes:               None

 

 

Resolution Nos. 299 and 300 see Executive Session.

 

 

RESOLUTION NO. 301                                          ADJOURNMENT

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

RESOLVED, that the Town Board adjourned, in memory of  Peter Fitzpatrick, Pearl River; George Rotelli, Nyack; Edward Brown, Sparkill (Det. Lt. James Brown’s father); Barbara (Betty) Braun, Blauvelt (former employee, Ron Delo’s mother-law); Margaret McCormack, Tappan; Eleanor Culik, Pearl River; Pricilla Lowery, Pearl River; Walter Gill, Pearl River; Donald Cote, Pearl River; Angela Hundgen, Blauvelt; Norbert Brothers, Pearl River; and Nicholas Durantino, Pearl River at 9:48 p.m.

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

Supervisor Whalen

Noes:               None

____________________________________

Charlotte Madigan, Town Clerk