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Meeting - Town Board Meeting April 26, 2012 (View All)

Overview
Documents
Meeting Members
Date Name Group(s) Type Approved File
04/26/2012 Town Board Meeting April 26, 2012 Town BoardMinutes

Meeting Members

Teresa M. Kenny

Teresa M. Kenny

Town Supervisor
Supervisor's Office
Phone:
(845) 359-5100
Email:
supervisor@orangetown.com
Jerry Bottari

Jerry Bottari

Town Board Member
Town Board
Email:
gbottari@orangetown.com
Term till:
December 31, 2027
Brian Donohue

Brian Donohue

Town Board Memeber
Town Board
Email:
bdonohue@orangetown.com
Term till:
December 31, 2025
Dan Sullivan

Dan Sullivan

Town Board Member
Town Board
Email:
dasullivan@orangetown.com
Term till:
December 31, 2025
Paul Valentine

Paul Valentine

Town Board Member
Town Board
Email:
pvalentine@orangetown.com
Term till:
December 31, 2027

Meeting Overview

Scheduled: 04/26/2012 7:30 PM
Group(s): Town Board
Location: Orangetown Town Hall
Documents Type File
Town Board Meeting April 26, 2012 Minutes

Normal

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

THURSDAY, APRIL 26, 2012

This Town Board Meeting was opened at 7:45 p.m.  Supervisor Stewart presided and the Town Clerk called the Roll.  Present were:

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Thomas Morr

Councilman Paul Valentine

Also present:   Charlotte Madigan, Town Clerk

Teresa Kenny, First Deputy Town Attorney

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Joseph Moran, Commissioner of DEME

Bert Von Wurmb, Building Department

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

Charlotte Madigan led the Pledge of Allegiance to the Flag.

 

Announcements:

  • National Police Week – May 13-19, 2012
  • National Public Works Week -Town of Orangetown – May 20 – May 26, 2012
  • Highway Open House, Saturday, May 19th, 10:00 am – 12:00 pm.

 

Summary of Public Comments:

Nancy Antonucci, Blauvelt, spoke about the Memorial Day Banner that they designed and arranged for viewing at the Palisades mall.  She hopes, in honor of our Veterans, everyone will take the time to view this banner.

Rose Marie Raccioppi, Poet Laureate, read her poem “We are Orangetown”, a poetic tribute in recognition of Orangetown.  This poem is on display in the museum.

Mike Mandel, Pearl River, said that the RFP for the concessions stands at the soccer fields should not include alcohol and the Town should receive revenue from the new vendor.

Giuseppe Colella, Orangeburg, is concerned that the fire department took 20 minutes to show up to a brush fire, this could prove to be fatal if this was a home.

Eileen Larkin, Palisades, would like a RPC site committee to review possible uses of this property for senior care.

Habib Hasan, Nyack, is shocked that the County can not find the money to keep the Narcotics Task Force going.

 

 

RESOLUTION NO. 170                                          CLOSE PUBLIC COMMENTS

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

RESOLVED, that the public portion is hereby closed.

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 171                                          OPEN PH/AMEND TOWN CODE/CHAPTER 43, ARTICLE XI, SECTION 11.2/FLOOR AREA

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

Resolution No. 171 – Continued

RESOLVED, that the 8:00 p.m. public hearing to amend the Town Code, Chapter 43, Article XI, Section 11.2, the definition of “Floor Area” as it relates to habitable space is hereby opened.

 

Ayes:               Councilmen Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:               None

The Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 04-A-12 and made a part of these minutes.

Bert Von Wurmb, Building Inspector, said this amendment, to change the definition of “Floor Area” (habitable space), is to match a condition of the New York State Building Code.

Public Comments (PH):

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

RESOLUTION NO. 172                                          CLOSE PUBLIC COMMENTS CHAPTER 43, ARTICLE XI, SECTION 11.2 – FLOOR AREA

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, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 173                                          DESIGNATION OF LEAD AGENCY/CHAPTER 43, ARTICLE XI, SECTION 11.2 – FLOOR AREA/LOCAL LAW NO.  2

 

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

RESOLVED, that the Town Board hereby declares itself to be Lead Agency for environmental review with respect to Local Law No. 2, amending the Town Code definition of “Floor Area” in Article 43, Section 11.2.

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 174                                          SEQRA DETERMINATION CHAPTER 43, ARTICLE XI, SECTION 11.2 – FLOOR AREA/LOCAL LAW NO.  2

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

Resolution No. 174 – Continued

RESOLVED, that the Town Board hereby determines that the adoption of Local Law No. 2, amending the Town Code definition of “Floor Area” in Article 43, Section 11.2, will not have a significant adverse environmental impact, and, therefore, issues a Negative Declaration (Exhibit 04-B-12), with respect thereto under the State Environmental Quality Review Act.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 175                                          ADOPT LOCAL LAW NO. 2, AMENDING ARTICLE 43, § 11.2 FLOOR AREA

 

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

WHEREAS, the Town Zoning Code currently defines “Floor Area” in Article 43, Section 11.2 thereof, and

WHEREAS, the definition of “Floor Area” in the Town Zoning Code includes basement space; attic space, whether or not a floor has been laid, “over which there is structural headroom of seven and one-half (71/2) feet or more and floor space used for mechanical equipment “with structural headroom of seven and one-half (7 1/2) feet or more”; and

WHEREAS, Section R305 of the Residential Code of the State of New York permits “habitable space” to exist with a ceiling height of not less than seven (7) feet thus creating a conflict with the current Town Zoning Code, and

WHEREAS, changing the Town Code definition of “Floor Area” from (seven and one half (7 ½) feet to seven (7) feet would make the Town Code and the Residential Code of the State of New York compatible with each other thus making compliance and enforcement of these provisions consistent and understandable;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 2 of 2012, amending the Town Code definition of “Floor Area” in Article 43, Section 11.2 is hereby adopted.

 

Local Law No 2 of 2012, Amending Article 43, § 11.2 of the

Town Code, Relating to the Definition of “Floor Area”

FLOOR AREA — The sum of the gross horizontal areas of every floor of a building, measured from the exterior faces of exterior walls or from the center line of party or common walls separating two buildings, including: basement space; attic space, whether or not a floor has been laid, over which there is structural headroom of 7 1/2 feet or more; floor space used for mechanical equipment with structural headroom of seven and 1/2 feet or more; elevator shafts and stairwells at each floor; roofed porches, breezeways, interior balconies, mezzanines and penthouses; and any roofed-over space such as a garage or carport for off-street parking accessory to a single-family or two-family dwelling, not located in a cellar. Regardless of the internal arrangement of a building, it shall be deemed to have at least one floor or the first 25 feet of height or fraction thereof, and for floor height over 25 feet, the floor area shall be the result of the actual floor area multiplied by the quantity resulting from the division of the actual height of the story by 25:

height in feet
Actual floor area x      ————–     = floor area
25

However, ” floor area” does not include: cellar space, except that cellar space for a retail sales use shall be included for the purpose of calculating Article VI requirements of such use for accessory off-street parking spaces and accessory off-street loading berths; elevator and stair bulkheads, accessory water tanks and cooling towers; terraces, unroofed open porches and steps; enclosed off-street parking spaces and loading berths, accessory to any use other than a single-family or two-family dwelling.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 176                                          COMBINE AGENDA ITEMS

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

RESOLVED, that agenda items one (1) thru five (5) are hereby combined.

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 177                                          APPROVE SHOWMOBILE PLUS POLISH FESTIVAL

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

RESOLVED, that the request of the PLUS Polish Festival, for the use of the Showmobile, for their event on Sunday, May 27, 2012, at a rental fee of $350.00, with the user supplying the Town of Orangetown with a certificate of insurance listing such as additionally insured is hereby approved.

 

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 178                                          APPROVE SHOWMOBILE MARCH OF DIMES

 

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

RESOLVED, that the request of the March of Dimes, for the use of the Showmobile for their event on Sunday, May 6, 2012 at a rental fee of $350.00 with the user supplying the Town of Orangetown with a certificate of insurance listing such as additionally insured is hereby approved.

 

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 179                                          APPROVE SHOWMOBILE NYACK CHAMBER OF COMMERCE

 

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

RESOLVED, that the request of the Nyack Chamber of Commerce, for the use of the Showmobile for their event on Sunday, April 15, 2012 at a rental fee of $350.00 with

 

Resolution No. 179 – Continued

the user supplying the Town of Orangetown with a certificate of insurance listing such as additionally insured is hereby approved.

 

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 180                                          APPROVE AID/STS. CONSTANTINE AND HELEN CHURCH

 

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

RESOLVED, that the request of Sts. Constantine and Helen Church, by providing the following for their Greek Festival, which will be held June 7 – June 10, 2012, 25 cones, 30 barricades, 40 trash cans, 30 recycling kiosks, and directional signs is hereby approved.

 

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 181                                          APPROVE AID/PEARL RIVER PARK & ACTIVITY COMMITTEE, INC.

 

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

RESOLVED, that the request of the Pearl River Park & Activity Committee, Inc., by providing the following for the 4th of July Fireworks Display and Celebration on Wednesday, July 4, 2012 (rain date Thursday, July 5, 2012): Police detail, three yards of sand, trash receptacles and field clean up, large dumpster, barricades, six portable toilets (two handicapped accessible) is hereby approved.

 

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 182                                          REAPPOINT/APPOINT/BLUE HILL GOLF COURSE ADVISORY COMMITTEE

 

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

RESOLVED, that the following member are hereby reappointed to the Blue Hill Golf Course Advisory Committee for 2012:

Bill Baldes                                          Dennis Leote                           Evelyn Beckerle

Joseph Green                                       Christopher Brauer                  Julia Regan

John Hickey                                        Dan Salmon                            Lawrence Costello

Michael Hogan                                    Lisa Grosbeck                         John Clifford

Ann Marie Pettus                                Nicola Frustaci

Resolution No. 182 – Continued

And Tom Swift is hereby appointed to the Blue Hill Golf Course Advisory Committee for 2012.

Ayes:               Councilmen Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 183                                          REAPPOINT/BUREAU OF FIRE PREVENTION

 

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

RESOLVED, that the following members are hereby reappointed to the Bureau of Fire Prevention for 2012:

Mike Bettmann                       Christopher Flatley                 Robert Morrison

John Ahlf, Jr.                          Doug Sampath                                    Paul Raso

Thomas Lorentz

Ayes:               Councilmen Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 184                                          REAPPOINT/COMMUNITY DEVELOPMENT BLOCK (CDBG) COMMITTEE

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

RESOLVED, that the following members are hereby reappointed to the Community Development Block Grant Committee (CDBG) for 2012:

Sister Jude DePalma               Sister Peggy Scarano              Charlotte Madigan

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 185                                          REAPPOINT/APPOINT ORANGETOWN ENVIRONMENTAL COMMITTEE

 

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

RESOLVED, that the following members are hereby reappointed to the Orangetown Environmental Committee for 2012:

Peggy Kurtz                                        Martyn Ryan

Watson Morgan                                  Charlotte Madigan

Alexis Starke                                       Fran Oldenburger

And Eve Millard, June Starke, Don Steinmetz, Larry Soehnel, and Anne Putko are hereby appointed to the Orangetown Environmental Committee for 2012.

 

Ayes:               Councilmen Morr, Valentine, Troy, Diviny

Supervisor Stewart

Noes:               None

RESOLUTION NO. 186                                          REAPPOINT/APPOINT ORANGETOWN PARKS DEVELOPMENT ADVISORY COMMITTEE

 

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

RESOLVED, that the following members are hereby appointed to the Orangetown Parks Development Advisory Committee (OPDAC) for 2012:

Anne Byrne                             Micki Leader               James Castagna

Mary McCloskey                    Watson Morgan          Brian Terry

Kimball Parker

And Steve Sweeney is hereby appointed to the Orangetown Parks Development Advisory Committee.

Ayes:               Councilmen Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 187                                          REAPPOINT/APPOINT SHADE TREE COMMISSION

 

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

RESOLVED, that the following members are hereby reappointed to the Shade Tree Commission for 2012:

Rebecca Gmucs                      Stephen Schiller          Joy Macy                                 Mary Vail                                Mary Root

and Laurie Peek is hereby appointed to the Shade Tree Commission for 2012.

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 188                                          REAPPOINT/APPOINT SENIOR CITIZEN ADVISORY COMMITTEE

 

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

RESOLVED, that the following members are hereby reappointed to the Senior Citizen Advisory Committee for 2012:

Kay Ferrara                             Martha Mian               Mary Martini

Shirley Mc Gowan                  Veronica Blaine

Josephine Urban, Senior Leader                                 Rosemarie Fornario, Clerk

And Judy Peakes is hereby appointed to the Senior Citizen Advisory Committee for 2012.

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 189                                          REAPPOINT/APPOINT SUBSTANCE ABUSE COMMITTEE

 

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

RESOLVED, that the following members are hereby reappointed to the Substance Abuse Committee for 2012:

Ed O’Dea                                Ann Marie Hahr          Patrick Sweeney

Jennifer Amos                         Bill Lee                       Debbie Whalen

William Carroll                        Sue Maher                   Denise Zumpano

Gail McMorrow                      Joanne Goodman        Devona Paul

Lt. Don Butterworth               Vicki Shaw                 Caroline Russo

Bill Furdon                              Sheila Silverman      Christopher Stuhlweissenburg

And Scott Salmon, Christine DiDomenico, Maureen Heller, Caitlin Kenny, Chief Kevin Nulty, and Det. Joe Sullivan are hereby appointed to the Substance Abuse Committee.

 

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 190                                            REAPPOINT/APPOINT TRAFFIC ADVISORY BOARD

 

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

RESOLVED, that the following members are hereby reappointed to the Traffic Advisory Board for 2012:

Guy DeVincenzo                     Robert Simon                           Thomas Edattel                        Sgt. James Sullivan            Edith Loeb                               Margaret Warren

Paul Raso                                 Mike Yannazzone                    Robert Schelin                         Rosemarie Fornario, Clerk

           

and Robert Morrison is hereby appointed to the Traffic Advisory Board for 2012.

Ayes:               Councilmen Troy, Valentine, Diviny, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 191                                          REAPPOINT/APPOINT/YOUTH RECREATION ASSESSMENT ADVISORY COMMITTEE

 

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

RESOLVED, that the following members are hereby reappointed to the Youth Recreation Assessment Advisory Committee for 2012:

Mark Alexander                      Kevin Powers                          Bill Lee

Bob Iorio                                 Anne Marie Uhl                      Cornelius Lynady                   Stephen Unger                                    Bob De Rosa                           Conrad Fitzpatrick

And Kerry Beckmann, John Farley, Jim Walsh, Tom Morales, Chris O’Brien, Frank Payne, and Alex Tencic are hereby appointed to the Youth Recreation Assessment Advisory Committee for 2012.

Ayes:               Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:               None

RESOLUTION NO. 192                                          REAPPOINT/PROJECT REVIEW COMMITTEE

 

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

RESOLVED, that the following members are hereby reappointed to the Project Review Committee for 2012:

John Giardiello, OBZPAE                        Jim Dean, Highway

Bruce Peters, DEME                                Guy DeVincenzo, DEME

Michael Bettmann, Bur. Of Fire Prev.

 

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 193                                          APPOINT/BROADACRES GOLF TASKFORCE

 

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

RESOLVED, that the following members are hereby appointed to the Broadacres Taskforce:

Sean Walsh                 Hugh O’Brien

 

Ayes:               Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 194                                          APPOINT/MICHAEL TERSIGNI ROCKLAND RIVERFRONT COMMUNTITIES COUNCIL

 

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

RESOLVED, that Michael Tersigni is hereby appointed to the Rockland Riverfront Communities Council as the Orangetown representative.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 195                                          APPOINT/BOARD OF ASSESSMENT REVIEW DEBORAH STUHLWEISSENBURG

 

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

RESOLVED, that Deborah Stuhlweissenburg is hereby appointed to the Board of Assessment Review for a 5-year term, expiring on 12/31/2016.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

 

RESOLUTION NO. 196                                          REAPPOINT/HISTORIC AREAS BOARD OF REVIEW (HABOR) THOMAS QUINN

 

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

RESOLVED, that Thomas Quinn is hereby reappointed to the Historic Areas Board of Review for a 5-year term, expiring on 12/31/2016.

Ayes:               Councilmen Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 197                                          AUTHORIZE SUPERVISOR HOLD HARMLESS AGREEMENT/CRESTRON ELECTRONICS

 

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

WHEREAS, 38 Ramland Road, LLC is the owner of a certain property located at 88 Ramland Road, Orangeburg, NY, which property has Site Plan Approval from the Town Planning Board for construction of a light industrial/office building at that location pursuant to PB #2009-10, PB#2009-11 and PB#2010-32 , for a project known as “Crestron Electronics” and

WHEREAS, as part of the Site Plan Approval, 38 Ramland Road, LLC agreed to extend Ramland Road South to provide for a turn-a-round to be dedicated to the Town which will enable the Town to accept Ramland Road South as a dedicated public road upon completion of the road to the Town’s satisfaction, and

WHEREAS, 38 Ramland Road, LLC has requested permission to place a site identification sign for “Crestron Electronics” in an area which would be located within the Town right of way upon completion of the project and acceptance of the road for dedication to the Town, which area has been approved by the Superintendent of Highways subject to the owner agreeing to hold the Town harmless by way of a Covenant, Hold Harmless, and Indemnification Agreement, and

WHEREAS, 38 Ramland Road, LLC has provided the Town with a proposed Covenant, Hold Harmless, and Indemnification Agreement dated February 2, 2012, which has been reviewed and approved by the Town Attorney’s Office and the Superintendent of Highways, which proposes the Town grant to 38 Ramland Road, LLC a revocable license for the placing of a site identification sign within a Town right of way as described therein, subject to the terms and conditions of the Covenant, including but not limited to the right of the Town to order the sign to be removed at the owner’s expense, and the owner agreeing to defend, indemnify and hold harmless the Town from any claims or causes of action related thereto,

NOW THEREFORE, be it hereby RESOLVED, that the Town hereby grants to 38 Ramland Road, LLC a revocable license, in the form of a Covenant, Hold Harmless and Indemnification Agreement, dated February 2, 2012, which provides in sum and substance that 38 Ramland Road, LLC may place a site identification sign within a Town right of way as described therein, and that 38 Ramland Road, LLC must defend, indemnify and hold harmless the Town for any damage related thereto, and that said sign must be removed upon notice as set forth therein, otherwise to be removed by the Town at the expense of the property owner and,

 

Resolution No. 197 – Continued

BE IT FURTHER RESOLVED, that the Supervisor or his designee is hereby authorized to execute the Covenant, Hold Harmless and Indemnification Agreement and any and all other documents necessary in order for same to be recorded in the Rockland County Clerk’s Office, at the expense of 38 Ramland Road, LLC.  Upon filing with the Rockland County Clerk’s Office, the original be filed and maintained in the Town Clerk’s Office.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 198                                          AUTHORIZE SUPERVISOR NOBLE NINTH, INC. AGREEMENT

 

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

RESOLVED, that upon the recommendation of  the Town Attorney, the Town Supervisor is authorized to sign The Letter of Extension Agreement with the Noble Ninth, Inc., dated March 27, 2012, for use of the Noble Ninth’s picnic grounds for the Town of Orangetown’s 2012 Summer Day Camp Program from July 2, 2012 through August 10, 2012 under the same terms and conditions as set forth in a certain agreement entered into between the Town of Orangetown and the German Masonic Home Corporation dated May 18, 1991 is received and filed in the Town Clerk’s Office.

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 199                                          APPROVE REQUEST/ROCKLAND COUNTY MUTUAL AID PLAN/BLAUVELT VOLUNTEER FIRE COMPANY

 

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

RESOLVED, that upon the recommendation of the Town Attorney, the Town Board of the Town of Orangetown, encourages the participation of the Blauvelt Volunteer Fire Company, Inc. in the Rockland County Fire Mutual Aid Plan as now in force, and as amended from time to time; and certifies to the Legislature of Rockland County through the Rockland County Fire Coordinator that no restriction exists against “outside service” by the Blauvelt Volunteer Fire Company, Inc. within the meaning of Section 209 of the General Municipal Law which would affect the power of the fire company to participate in such plan; and be it further

RESOLVED THAT a certified copy of this resolution shall be filed with the Rockland County Fire Coordinator, Office of Fire and Emergency Services, Rockland County Fire Training Center at 35 Firemen’s Memorial Drive, Pomona, New York  10970.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 200                                          CERTIFICATE OF REGISTRATION 2012 SEWER WORK

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy 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 2012 Sewer Work is approved to the following:

  • Cal Mart Enterprises, Inc., 4 Burt Road, Congers NY 10920
  • Rooter Plumbing Hudson Valley, Inc., d/b/a Rooter Plumbing, PO Box 1740,

Pleasant Valley, NY 12569

  • W. Harris & Son, Inc., 37 West Washington Avenue, Pearl River, NY 10965
  • Rino Paving & Construction, Inc., 20 Viola Road, Suffern, NY

Ayes:               Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 201                                          APPROVE INCREASE HEARING OFFICER EMPLOYEE #2599

 

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

RESOLVED, that upon the recommendation of the Town Attorney, the Town Board hereby approves an additional $5,000 for services rendered by Hearing Officer Joseph Wooley in the matter of the continuing Disciplinary Hearing of Employee #2599.

 

Ayes:               Councilmen Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 202                                          AUTHORIZE SUPERVISOR NARCOTICS TASK FORCE

 

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

RESOLVED, that upon the recommendation of the Town Attorney, the Supervisor is authorized to sign a contract with the County of Rockland, providing for payment to the Town by the County in the sum of ONE HUNDRED SIXTY NINE THOUSAND SIX HUNDRED SEVENTY-FOUR DOLLARS ($169,674.00), as partial reimbursement for the costs associated with the assignment of one Orangetown police officer to the Rockland County Narcotics Task Force for the period January 1, 2012 through December 31, 2012; and

BE IT FURTHER RESOLVED, that the Finance Director is directed to immediately invoice the County of Rockland for first quarter of the Town’s 2012 participation in the Narcotics Task Force.

 

Ayes:               Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 203                                          ACCEPT/$4,500.00/BLAUVELT LIONS CLUB/TREES/BLUE HILL GOLF

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

RESOLVED, that upon the recommendation of the Superintendent of Park & Recreation, accept check in the amount of $4500.00 from the Blauvelt Lions Club, to be

used to plant trees at Blue Hill Golf Course and put into Acct. # E.7250.460.  There will be 21 trees planted at Blue Hill Golf Course due to this donation. This is part of an initiative by Lions Club International to plant 3 million trees annually.

Ayes:               Councilmen Valentine, Morr, Troy, Diviny

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 204                                          PERMISSION GRANTED/NYS ASSOCIATON OF TAX RECEIVERS           

 

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

RESOLVED, that permission is granted to Robert Simon, Receiver of Taxes to attend the New York State Association of Tax Receivers & Collectors Annual Training Seminar, which will be held June 17-June 20, 2012 at the Albany Marriot at a cost of $939.42.

Ayes:               Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 205                                          PERMISSION GRANTED ANNUAL HIGHWAY SCHOOL

 

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

RESOLVED, that permission is hereby granted for James Dean, Stephen Munno, Mike Yannazzone, and Anthony Limandri to attend the Association of Town Annual Highway School, Ithaca, NY, June 11-13, 2012 at a cost of $ 1,440.00 to be charged to Acct. No. 0441, and $100.00 to be charged to Acct. No. 0480, for a total of $1,540.00.

 

Ayes:               Councilmen Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 206                                          APPROVE AID/ORANGEBURG FIRE DEPARTMENT

 

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

RESOLVED, that aid to the Orangeburg Fire Department for their annual Carnival, which will be held June 13-17, 2012 at the Dominican College parking lot, by providing 25 garbage cans (large barrels), 20 barricades for traffic & pedestrian control, and one dumpster is hereby approved.

 

Ayes:               Councilmen Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 207                                          AWARD BID/CAST IRON CURB INLETS/CAMPBELL FOUNDRY

 

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

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for Cast Iron Curb Inlets, which were received and publicly opened on April 3, 2012.  (A copy of the publication and bid summary are labeled Exhibit 04-C-12 and made a part of these minutes.  Now, Therefore, Be It

RESOLVED, that upon the recommendation of the Superintendent of Highway, the bid for the bid for Cast Iron Curb Inlets is hereby awarded to Campbell Foundry Co., Harrison, New Jersey, the lowest qualified bidder.

 

Ayes:               Councilmen Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 208                                          APPOINT/DEME MAINTENANCE SUPERVISOR (AUTOMOTIVE) FRANK PENENO

 

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

            RESOLVED, that  Frank Peneno is hereby appointed to the position of Maintenance Supervisor (Automotive) in the Department of Environmental Management and Engineering, provisional, grade 17, step 6/7, annual salary $83,387.00, effective March 12, 2012.

 

Ayes:               Councilmen Troy, Valentine, Diviny, Morr

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 209                                          AUTHORIZE SOLE SOURCE PROCUREMENT/DEME/SEWER TV TRUCK/J&J EQUIPMENT

 

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

            RESOLVED, that a sole-source procurement with J&J Equipment for DEME/Sewer TV truck equipment for $57,074.00 is hereby authorized.

 

Ayes:               Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 210                                          APPROVE/POLICE TRAINING REQUEST/FBI SWAT SCHOOL

 

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

            RESOLVED, that the request of the Orangetown Police Department for mandatory training for PO Baisley, member of Rockland County REACT Team, to attend FBI Swat School, April 23 – May 4, 2012, in Fort Dix, New Jersey at a cost of $1315.32,

Resolution No. 210 – Continued

to be charged to Acct. No. B.3120.441.16 and $16.50 to be charged to Acct. No. B.3120.480.16, for a total cost of $1,331.82.

 

Ayes:               Councilmen Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 211                                          ACCEPT RESIGNATION RETIREMENT/SGT. HENRY REYNOLDS

 

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

RESOLVED, that the resignation/retirement of Sergeant Henry Reynolds from the Orangetown Police Department, effective March 31, 2012, is hereby accepted with regret.

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 212                                          ACCEPT RESIGNATION RETIREMENT/P O CLIFTON BULLOCK

 

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

RESOLVED, that the resignation/retirement of Police Officer Clifton Bullock from the Orangetown Police Department effective April 30, 2012, is hereby accepted with regret.

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 213                                          ACCEPT RESIGNATION RETIREMENT/P O SUSAN LANOCE

 

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

RESOLVED, that the resignation/retirement of Police Officer Susan Lanoce from the Orangetown Police Department, effective April 19, 2012, is hereby accepted with regret.

 

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 214                                          APPROVE BUDGET TRANSFER MUSEUM

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

RESOLVED, that 2012 budget transfer within the Museum budget for the purpose of hiring a student part time for six months is hereby approved.

 

Resolution No. 214 – Continued

 

Account                                                                     Approved  Budget         Change            Adjusted Budget

A.7520.457 Contracts with Outside vendors                   $21,520                 – $4,800                  $16,720

A.7520.013  Seasonal and Part time Staff                           8,000                   $4,800                   $12,800

 

Ayes:               Councilmen Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 215                                          RECEIVE/FILE DOCUMENTS TOWN CLERK’S OFFICE

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

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

  • Federal Communications Commission, Radio Station Authorization, for the Orangetown Police Dept., March 30, 2012 – March 30, 2022.
  • March 7, 2012 Police Commission and Regular Town Board Meeting minutes; March 15, 2012 Regular Town Board Meeting minutes; and March 29, 2012 Regular Town Board Meeting and Executive Session minutes.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 216                                          APPOINT LIAISONS/LAND USE BOARDS/COMMITTEES

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

RESOLVED, that the following Town Board liaisons are hereby appointed to the following land use boards and committees:

ACABOR                                                                   Troy

Blue Hill Golf Course Advisory Committee              Valentine

Board of Assessment Review                                     Diviny

Board of Ethics                                                           Ryff

Bureau of Fire Prevention                                           Diviny & Morr

Environmental Committee                                          Stewart

HABOR                                                                      Morr

Orangetown Housing Authority                                 Troy

Orangetown Emergency Management Comm.           Diviny

OPDAC                                                                      Stewart

Planning Board                                                           Morr

Project Review Committee                                         Valentine

Shade Tree Commission                                             Stewart

Senior Citizen Advisory Committee                           Troy

Substance Abuse Committee                                      Troy

Traffic Advisory Board                                              Valentine

Volunteer Health Advisory Committee                      Morr

Youth Recreation Assessment Advisory Comm.       Diviny

Zoning Board of Appeals                                           Diviny

Ayes:               Councilmen Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:               None

RESOLUTION NO. 217                                          AUTHORIZE/GOLF COMMITTEE PARKS AND RECREATION ADVERTISING  

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

RESOLVED, that the Town Board authorizes the Golf Committee and Parks and Recreation to spend up to $26,000 for advertising via the internet and television, contingent upon the approval of the contracts by the Town Attorney’s Office.

Aye:               Councilmen Valentine, Morr, Troy, Diviny

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 218                                          AMEND TOWN BOARD MEETING CALENDAR

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

RESOLVED, that the May 10, 2012 Workshop is rescheduled to May 8, 2012 and the May 17, 2012 Regular Town Board Meeting is rescheduled to May 15, 2012.

Aye:                Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 219                                          MEMORIALIZING RESOLUTION PUBLIC HEALTH LAW CONTROLLED SUBSTANCE REPORTING SYSTEM

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

BE IT RESOLVED, that the Town Board hereby supports the passage of Assembly Bill No. A08320, an Act to amend the Public Health law in relation to creating an on-line real time controlled substance reporting system to monitor the prescribing and dispensing of certain controlled substances and known as the “Internet System for Tracking Over-Prescribing (I-STOP) Act.”

Aye:                Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 220                                          POLICE/SEIZURE MONIES MESSAGE BOARD TRAILER

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

RESOLVED, that upon the Director of Finance, the use of $17,717, in seizure monies by the Police Department, is herby approved, to purchase a message board trailer and equipment.

Aye:                Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

 

RESOLUTION NO. 221                                          APPROVE/CONTRACT INCREASE LAMB AND BARNOSKY/PBA AND CSEA LABOR NEGOTIATIONS

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

RESOLVED, that upon the Director of Finance, an increase in the contract amount for Lamb and Barnosky for PBA and CSEA labor negotiations from the current $35,000 to $70,000, to be charged to account number A.1420.457 is hereby approved.

Aye:                Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO.  222                                         ENTERED AUDIT

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

RESOLVED, that the Town Board entered the Audit Meeting at 9:05 p.m.

Aye:                Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 223                                          PAY VOUCHERS

Councilman Troy 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 $1,826,623.01.

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 224                                          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 Jacqueline (Jackie) Baron , Pearl River; and John McGuinness, Nanuet, at 9:12 p.m.

Ayes:               Councilmen Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:               None

____________________________________

Charlotte Madigan, Town Clerk

PC

DRAFT

DRAFT

TOWN OF ORANGETOWN

POLICE COMMISSION MEETING

THURSDAY, APRIL 26, 2012

This Police Commission Meeting was opened at 6:00 p.m. Supervisor Stewart presided and the Town Clerk called the Roll.

Present were:   Councilman Denis Troy

Councilman Thomas Diviny

Councilman Thomas Morr

Councilman Paul Valentine

Also present:

Charlotte Madigan, Town Clerk

Teresa Kenny, First Deputy Town Attorney

Kevin Nulty, Police Chief

Robert Zimmerman, Police Captain

Charlotte Madigan led the Pledge of Allegiance to the Flag.

 

RESOLUTION NO. 167                                          ENTERED POLICE COMMISSION

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

RESOLVED, that the Town Board, acting as Police Commission, entered this meeting to discuss updates regarding Police matters, at 6:00 p.m.

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

***

RESOLUTION NO. 168                                          ENTERED EXECUTIVE SESSION

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

RESOLVED, that the Town Board entered Executive Session to discuss Police contracts, at 6:45 p.m.

Ayes:               Councilmen Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:               None

***

RESOLUTION NO. 169                                          ENTERED RTBM

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

RESOLVED, that the Town Board entered the Regular Town Board Meeting at 7:45 p.m.

Ayes:               Councilmen Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:               None

 

 

 

 

 

 

____________________________________

Charlotte Madigan, Town Clerk                            

                                                                         

 

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