Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, APRIL 9, 2013

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

 

Councilman Thomas Diviny

Councilman Thomas Morr

Councilman Paul Valentine

Absent:            Councilman Denis Troy

 

Also present:   Charlotte Madigan, Town Clerk

Rose Maiorano, Deputy Clerk

John Edwards, Town Attorney

Teresa Kenny, First Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Robert Simon, Receiver of Taxes

Bert Von Wurmb, Building Inspector

Joseph Moran, Commissioner of DEME

Aric Gorton, Superintendent of Parks-Rec.

 

The Pledge of Allegiance to the Flag was led by Charlotte Madigan.

 

Announcements – Town Clerk’s Office:

 

The DEC invites Hunter’s Input on the 2013 Fall Waterfowl Seasons; submit input to any member of the task force at (www.dec.ny.gov/outdoor/42364.html).  They are also looking for input on hunting seasons for other migratory game birds; submit your input to any member of DEC’s season-setting team at (www.dec.ny.gov/outdoor/42364.html#Team).

 

Trout and Salmon Fishing Opening Day – April 1st.

 

Summary of Public Comments:

Mike Mandel, Pearl River, asked what are the savings from Siemans.  He is in favor of the advertising for Blue Hill Golf course.

Eileen Larkin, Palisades, spoke about cultural events and that an area of RPC should be considered for these events.

Tony Marra, Orangeburg, asked if the roads around William O’Schaefer School are going to be repaved.  He requested that a fallen tree that is leaning precariously, after Hurricane Sandy, be completely knocked down.

 

RESOLUTION NO. 157                                          CLOSE PUBLIC COMMENTS  

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:      Councilmen Diviny, Valentine, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 158                                          ENTER EXECUTIVE SESSION

                                                                                    EASEMENT / 155 CORPORATE DR   

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Diviny, Morr and Valentine, Charlotte Madigan, John Edwards, Teresa Kenny, Rob Magrino, Jeff Bencik, Joe Moran and Aric Gorton.

Resolution No. 158 – Continued

 

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

 

RESOLVED, that the Town Board entered Executive Session to discuss an easement, at 7:52 p.m.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilman Troy

* * *

 

RESOLUTION NO. 159                                          RE-ENTERED RTBM     

 

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

 

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting, at 8:25 p.m.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilman Troy

* * *

 

RESOLUTION NO. 160                                          NOBLE NINTH, INC. / MASONIC PARK 2013 SUMMER CAMP /AGREEMENT

 

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

RESOLVED, that upon the recommendation of the Superintendent of Parks-Rec., the Town Supervisor is authorized to sign The Letter of Extension Agreement, with the Noble Ninth, Inc., dated March 14, 2013, for use of the Noble Ninth’s picnic grounds, for the Town of Orangetown’s 2013 Summer Day Camp Program, from July 1, 2013 through August 19, 2013, daily, Monday through Friday, from 7:45 AM through 5:15 PM, 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, which is received and filed in the Town Clerk’s Office.

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 161                                          HIGHWAY / OPEN HOUSE

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, the Highway Department is hereby authorized to host their 17^th Annual Open House on Saturday, May 18, 2013, from 10:00 AM to 12 noon at the Highway Department Facility.

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

RESOLUTION NO. 162                                          COMBINE AGENDA ITEMS

 

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

 

RESOLVED, that agenda items 3 threw 5 are hereby combined.

 

Ayes:               Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

Absent:            Councilman Troy

* * *

RESOLUTION NO. 163                                          AID/STS. CONSTANTINE AND HELEN GREEK ORTHODOX CHURCH GREEK FESTIVAL

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Highways, aid to Saints Constantine and Helen Greek Orthodox Church by providing; 60 cones, 30 barricades,      40 trash cans, 30 recycling kiosks, and directional signs, for their Greek Festival, June 6 –  9, 2013, is hereby approved.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 164                                          SHOWMOBILE / DOMINICAN COLLEGE CARNIVAL AGAINST CANCER

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Parks-Rec., the  use of the showmobile, by Dominican College, for their Carnival Against Cancer, on Friday, April 26, 2013, at a rental cost of $350.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured, is hereby approved.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 165                                          AID / AUTISM AWARENESS / LIGHT IT UP BLUE

 

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

 

RESOLVED, that in recognition of Autism Awareness Month and community efforts to combat this illness, the request by Light It Up Blue Rockland, authorizing the Highway Department to paint a blue line on Central Avenue, Pearl River, for the month of April is hereby approved.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

RESOLUTION NO. 166                                          APPOINT/ BLAUVELT FIRE DEPT FRANK J. LARUSSO

 

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

 

RESOLVED, that upon the recommendation of the Blauvelt Fire Dept., Frank J. LaRusso is hereby appointed to the position of Probationary Firefighter, with the Blauvelt Volunteer Fire Company.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 167                                          RESIGNATION / GOLF ADVISORY COMMITTEE / ANNE MARIE PETTUS

 

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

 

RESOLVED, that on behalf of the Town Board, the Superintendent of Parks and Recreation and the Golf Advisory Committee, the resignation of Anne Marie Pettus, after many years of dedicated service, is hereby accepted with regret.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 168                                          COMBINE AGENDA ITEMS

 

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

 

RESOLVED, that agenda items 9 threw 12 are hereby combined.

 

Ayes:               Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

Absent:            Councilman Troy

* * *

 

RESOLUTION NO. 169                                          BLAUVELT FREE LIBRARY          2013-2014 CONTRACT

 

Supervisor Stewart 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 hereby authorizes the Supervisor to execute a one (1) year contract, on behalf of the Town, as proposed and written, for SEVEN HUNDRED EIGHTY NINE THOUSAND EIGHTY-ONE AND 00/100 ($789,081.00) DOLLARS, with the Blauvelt Free Library, to provide library services to residents of Blauvelt, as well as to the residents of the Sparkill area delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

RESOLUTION NO. 170                                          ORANGEBURG LIBRARY               2013-2014 CONTRACT

 

Supervisor Stewart 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 hereby authorizes the Supervisor to execute a one (1) year contract, on behalf of the Town, as proposed and written, for FIVE HUNDRED FORTY TWO THOUSAND THREE HUNDRED FIFTY-FOUR AND 00/100 ($542,354.00) DOLLARS, with the Orangeburg Library, to provide library services to residents of Orangeburg, as well as to the residents of the Sparkill area delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 171                                          PALISADES FREE LIBRARY          2013-2014 CONTRACT            

 

Supervisor Stewart 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 hereby authorizes the Supervisor to execute a one (1) year contract, on behalf of the Town, as proposed and written, for FOUR HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED SIXTY-NINE AND 00/100 ($415,869.00) DOLLARS, with the Palisades Free Library, to provide library services to residents of Palisades, as well as to the residents of the Sparkill area delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 172                                          TAPPAN FREE LIBRARY                2013-2014 CONTRACT

 

Supervisor Stewart 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 hereby authorizes the Supervisor to execute a one (1) year contract, on behalf of the Town, as proposed and written, for SEVEN HUNDRED FIFTY THOUSAND SEVENTY-FIVE AND 00/100 ($750,075.00) DOLLARS, with the Tappan Free Library, to provide library services to residents of Tappan, as well as to the residents of the Sparkill area delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 173                                          SANITARY SEWER EASEMENT/PEARL RIVER SCHOOLS / 135 W CROOKED HILL ROAD/68.11-2-41.1 & 41.3 REC/FILE

 

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

 

Resolution No. 173 – Continued

 

RESOLVED, that upon recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering and the Superintendent of Highways, accept, receive and file the Sanitary Sewer Easement for the Pearl River School District (Former AIM Property) Sec. 68.11, Block 2, Lots 41.1 and 41.3, and authorize the Supervisor or his designee to execute all documents necessary to effectuate the acceptance of this easement, have same recorded with the Rockland County Clerk’s Office and return for filing with the Town Clerk.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 174                                          APPROVE AMENDMENT/BLAUVELT FIRE DEPT LOSAP AGREEMENT

 

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

 

WHEREAS, in 1988, in order to help municipalities recruit and retain volunteer firefighters, New York State enacted Article 11-A of the General Municipal Law, authorizing the establishment of Length of Service Award Programs for the benefit of volunteer firefighters who annually meet certain point totals based on participation in department activities; and

 

WHEREAS, in 1990, the Blauvelt Fire Department, with voter approval, established the “Blauvelt Volunteer Fire Company, Inc. Length of Service Award Program” (“Blauvelt LOSAP”), providing for service benefits to its volunteer members in accordance with the terms of the approved Plan, which Plan was thereafter amended in 2004; and

 

WHEREAS, the Blauvelt LOSAP Plan, as amended, fixes the entitlement age, i.e., the age at which Plan participants can begin to collect benefits, at 62 years of age, but prohibits those who reach entitlement age from continuing to accrue post-entitlement years of service, even if such members continue to achieve point totals, based on their continuing volunteer activities, that would otherwise entitle them to additional years of service credit but for the fact that they have reached entitlement age; and

 

WHEREAS, while the Blauvelt LOSAP Plan restriction on the post-entitlement age accrual of further years of service was consistent with the provisions of General Municipal Law Article 11-A when the Plan was established, recent court decisions have held that such a restriction is a form of unlawful age discrimination; and

 

WHEREAS, the Blauvelt LOSAP Plan may only be amended by resolution of the Town Board of the Town of Orangetown; and

 

WHEREAS, the Town Board deems it to be in the best interests of the Town and the residents of the Blauvelt Fire Protection District (the area that receives its fire protection service from the Blauvelt Fire Department) to amend the Plan to allow Plan participants who have reached entitlement age to earn additional years of service credit; and

 

WHEREAS, GML § 216(3)(e) provides that, except in limited circumstances, a LOSAP Program, once established, may only be amended prospectively, and then only subject to referendum; and

 

WHEREAS, GML § 216(3)(e) cannot legally be reconciled with the case decisions regarding age discrimination, because a failed referendum on a change intended solely to correct a plan illegality would leave the Plan legally infirm, potentially exposing the Plan sponsor to damages; and

 

WHEREAS, it would be pointless to incur the expenses associated with a referendum of an issue that legally must be corrected; as a consequence, no referendum herein need be conducted;

Resolution No. 174 – Continued

 

NOW, BASED ON THE AFORESAID, BE IT RESOLVED, that upon the recommendation of the Town Attorney, the Town Board, by an affirmative vote of a least 60% of the Board, hereby approves an amendment to the Blauvelt LOSAP Adoption Agreement and Plan authorizing and permitting any Plan Participant who reaches entitlement age to continue to earn additional years of service credit for any year in which he or she earns sufficient points for designated activities, thereby increasing his or her monthly LOSAP benefit; and

 

BE IT FURTHER RESOLVED, that the Blauvelt LOSAP Plan Sponsor and/or Administrator shall be authorized to credit all qualifying Plan Participants who already have reached entitlement age with the additional years of post-entitlement age service (if any) actually earned by reason of their department activities, and shall pay any such qualifying Plan Participant the additional Plan benefits to which such participants would have been entitled had the Plan restriction on post-entitlement age service credit not been a part of the Plan when adopted; and

 

BE IT FURTHER RESOLVED, that all Plan Participants shall hereafter be permitted to earn and receive credit and benefits for post-entitlement age years of service for which they may qualify; and

 

BE IT FURTHER RESOLVED, that the estimated cost of the Plan amendment adopted hereby for the retrospective benefits shall be a one-time estimated payment of ONE HUNDRED SIXTY NINE THOUSAND FOUR DOLLARS and 00/00 ($169,004.00) together with an increase in the annual administrative of approximately ONE THOUSAND DOLLARS ($1,000.00) in year one only, to be paid by the Blauvelt Fire Department from its existing funds.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 175                                          RESCIND/RESOLUTION 481/2012  MILITARY LEAVE

 

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

 

WHEREAS, on October 9, 2012, the Town Board passed Resolution No. 481 to clarify the Town’s Military Leave Policy, and

 

WHEREAS, the Resolution appears to state that the policy only applies to Town employees who are already active members of the National Guard or in the reserves of one of the other branches of the military service, excluding those who join the National Guard or reserves of one of the other branches of the military while in the Town’s employ, which was not the intent of the Town Board at the time it passed such Resolution; thus, be it

 

RESOLVED, that the Town Board hereby rescinds Resolution No. 481 in its entirety. This action in no way rescinds or otherwise impacts Resolutions No. 129 (RTBM of 02/09/04) and Resolution No. 291 (RTBM of 04/28/08) which sets forth the Town’s Military Leave Policy.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

* * *

 

RESOLUTION NO. 176                                          MODIFICATION/SANITARY SEWER EASEMENT / DOMINICAN CONVENT OF OUR LADY OF THE ROSARY / STAC 

 

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

WHEREAS, the Town Board previously accepted a Sanitary Sewer Easement from the Dominican Convent of Our Lady of the Rosary in Resolution 2011-666 and recorded in the Rockland County Clerk’s Office as Instrument No. 2012-380 and

 

WHEREAS upon construction of the Sanitary Sewer line, it has become necessary to modify the “metes and bounds” description to accommodate the correct location of the Sanitary Sewer line as constructed and St. Thomas Aquinas College (STAC) as successor in interest to the Dominican Convent of Our Lady of the Rosary, has provided a modified “metes and bounds” description, which has been approved by the Department of Environmental Management and Engineering,

 

NOW THEREFORE BE IT RESOLVED, that upon the recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering, and the Superintendent of Highways, that the Town hereby accepts from St. Thomas Aquinas College (STAC), as successor in interest to the Dominican Convent of Our Lady of the Rosary, a Modification of Sanitary Sewer Line, Access and Maintenance Agreement, modifying the Sanitary Sewer Easement identified as Rockland County Clerk Instrument No. 2012-380, and authorizes the Town Supervisor or his designee to execute all documents necessary to effectuate the acceptance of the Modification of Easement, and upon receipt of the original recorded document from the Rockland County Clerk’s Office, the original to be filed in the Town Clerk’s Office.

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 177                                          GRANT PERMISSION/APWA NORTH AMERICAN SNOW CONFERENCE

 

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

 

RESOLVED that upon the recommendation of the Superintendent of Highways, permission is hereby granted to Stephen Munno, Sr. Administrative Assistant and Anthony Limandri, Highway Maintenance Supervisor I, to attend the American Public Works Association 2013 North American Snow Conference, from April 7 -10, 2013, to be held in Charlotte, North Carolina, at a cost of $490.00.                         .

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 178                                          AWARD BID/NON-HAZARDOUS ANTI-CORROSIVE ODOR CONTROL CHEMICALS AND SERVICES/ NRP GRP

 

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

 

WHEREAS, the Commissioner of DEME, duly advertised for sealed bids for Non-Hazardous & Anti-Corrosive Odor Control Chemicals and Services, which were received and publicly opened on April 4, 2013; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet are labeled Exhibit 04-A-13, and made a part of these minutes.

Resolution No. 178 – Continued

 

NOW, THEREFORE, BE IT RESOLVED that upon the recommendation of the Commissioner of DEME, this bid is hereby awarded to NRP Group, Inc., the lowest qualified bidder, in the amount of $163,215.00 to be charged to Account No. G8130004/50449.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 179                                          APPOINT/ASSISTANT OPERATOR GRADE 2 (WASTEWATER) MARK HOVSEPIAN

 

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

 

RESOLVED, that upon the recommendation of Rockland County Personnel and the Commissioner of DEME, Mark Hovsepian, presently Assistant Operator Grade 2 Trainee (Wastewater), is hereby appointed to Assistant Operator Grade 2 (Wastewater) at an annual salary $79,671.00, Grade 14, Step 14/18.  This permanent appointment shall be subject to satisfactory completion of the required probationary period.

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 180                                          AWARD BID / ROOFTOP CHILLER JOHNSON CONTROLS

 

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

 

WHEREAS, the Superintendent of Parks-Rec & Building Maint., duly advertised for sealed bids for the removal and installation of a rooftop chiller, which were received and publicly opened on March 25, 2013; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet are labeled Exhibit 04-B-13, and made a part of these minutes.

 

NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Superintendent of Parks & Recreation, the bid to provide a replacement of a rooftop chiller unit for Town Hall (north side), is hereby awarded to Johnson Controls, the lowest qualified bidder, at a total cost of $70,253.00.

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 181                                          SURPLUS/TOWN SOLAR VEHICLE TAPPAN ZEE HIGH SCHOOL

 

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

 

WHEREAS, the Town presently owns three (3) GEM solar powered cars which, for several years now, have been inoperable due to dead batteries and faulty chargers; and

 

WHEREAS, the Superintendent of Parks, Recreation & Buildings has determined that the vehicles have no appreciable value to the Town and are no longer needed, because the cost of repair, which has not been budgeted, would largely exceed their value; and

 

Resolution No. 181 – Continued

 

WHEREAS, students at the Tappan Zee High School, who, with faculty support, have organized a Solar Car Club to help foster an understanding and appreciation of the benefits of alternative energy sources, including solar power, have requested that the Town donate one of the Town’s GEM cars to be used for spare parts for the solar car they are developing; and

 

WHEREAS, the Town Board believes that donating the inoperable and no longer useful or needed vehicle to Tappan Zee High School for the educational benefit of the students thereat – all of whom are residents of the Town of Orangetown – will provide the best value to the Town,

 

NOW, THEREFORE, BE IT RESOLVED, that the Superintendent of Parks, Recreation & Buildings is hereby authorized to surplus and donate one inoperable GEM car to Tappan Zee High School for use by its Solar Car Club.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 182                                          GRANT PERMISSION/GFOA CONFERENCE / FINANCE

 

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

 

RESOLVED that upon the recommendation of the Finance Director, permission is hereby granted to Ann Maestri, Janice Ganley and Natalie Schutter, to attend the GFOA conference in Albany, NY, from April 10-12, at a cost of $1,215.00 for the conference and $828.00 for lodging, for a total cost of $2,043.00.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 183                                          MEMORIALIZING RESOLUTION  NYS PAROLE BOARD / RICHARD LABARBERA & ROBERT MCCAIN MURDERED PAULA BOHOVESKY

 

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

 

WHEREAS, the Town of Orangetown wishes to express its continuing condolences to,

and support for, the family of Paula Bohovesky, who was brutally raped and murdered thirty-three years ago as Paula’s family asks the New York State Parole Board not to release her killers; and

 

WHEREAS, in 1980, Paula Bohovesky was a talented artist, an aspiring actress and a well-regarded member of the Junior class at Pearl River High School; and

 

WHEREAS, tragically, this young woman, burgeon with energy and a zest for life, was tragically and senselessly murdered just two blocks from her home; and

 

WHEREAS, the two young men who committed this heinous crime after a day spent drinking in a local bar received the maximum penalty for murder then allowed in New York State, twenty-five years to life in prison; and

 

WHEREAS, these men are now seeking parole and release from prison, having served the minimum sentence – twenty-five years; and

Resolution No. 183 – Continued

 

WHEREAS, Paula’s family and friends, as well as those living in Orangetown at the time, can still recall the horror of that day; and

 

WHEREAS, Paula’s mother, Lois Bohovesky, must now relive that day as she fights to keep Paula’s killers in jail by asking the Parole Board not to authorize the men’s release, a task

that she will have to often undertake because State Law allows inmates seeking parole to reapply every two years; and

           

WHEREAS, the Town Board of Orangetown has met, considered and by a unanimous vote approved this resolution; now therefore be it

 

RESOLVED, that the Town Board of Orangetown wishes to express its continuing condolences to and support for the family of Paula Bohovesky, who was brutally raped and murdered thirty-three years ago as Paula’s family asks the New York State Parole Board not to release her killers; and be further

 

RESOLVED, the Town is hereby authorized and directed to send a certified copy of this resolution to Ms. Lois Bohovesky; and to such other persons proper in order to effectuate the purpose of this resolution.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 184                                          ACCEPT/RECEIVE/FILE/TOWN BOARD MINUTES

 

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

 

RESOLVED, that the February 26, 2013 Regular Town Board Meeting/Audit/Meeting and Executive Session minutes; and the March 5, 2013 Executive Session minutes are hereby accepted, received, and filed in the Town Clerk’s Office.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 185                                          RECEIVE/FILE/DOCUMENTS TOWN CLERK’S OFFICE

 

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

 

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

 

• Pearl River Fire District Annual Financial Report & Budget Report for General Fund for Fiscal Year Ended 12/31/2012.
• Agreement – County of Rockland for SHSP Overtime/Backfill (dated 3/20/2013).
• Memorandum of Understanding – South Orangetown Central School District, facilities use in the event a State of Local Emergency is declared.
• License Agreement Amendment – Pro Shop at Blue Hill Golf Course (dated 2/1/2013).
• DEME – SPDES NY-February 2013 Monthly Report.

 

Resolution No. 185 – Continued

 

• 155 Corporate Drive, LLC, 40’ Wide Access Easement for part of 40 Corporate Drive, Orangeburg and Title Insurance Policy (Rockland Cty Instr No. 2013-11796).

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 186                                          TRANSFER / GENERAL FUND /BLUE HILL-BROADACRES ADVERTISING

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Parks and Recreation and the Orangetown Golf Advisory Committee, transfer $12,000.00 from the General Fund to Account #: E.7250.407, Blue Hill Advertising, for the renewal of the agreement with Cablevision, for television advertising of Blue Hill Golf Course and Broadacres Golf Club.

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 187                                          POLICE/NOMINATE MICHAEL E. WARREN/POLICE OFFICER

 

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

 

RESOLVED, that upon the recommendation of the Police Chief, Michael E. Warren, from Civil Service list # (OC) 08200, dated March 7, 2013, is hereby nominated to the position of “Police Officer”, pending completion of the Rockland County Department of Personnel certification process and a satisfactory background investigation.

 

Ayes:      Councilmen Diviny, Valentine, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 188                                          POLICE DISCIPLINARY SETTLEMENT EMPLOYEE NO. 1083

 

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

 

RESOLVED, that the Town Board approves the settlement of an open disciplinary matter with regard to Employee No. 1083, according to the terms of the Rockland County Police Act.

 

Ayes:      Councilmen Morr, Diviny, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

RESOLUTION NO. 189                                          MEMORIALIZING RESOLUTION       COLUMBIA UNIVERSITY/KATHY BOUDIN

 

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

 

Resolution No. 189 – Continued

 

WHEREAS, Kathy Boudin was a member of the radical terrorist organization known as the Weather Underground; and

 

WHEREAS, the Weather Underground was responsible for the bombings of the Pentagon and the US Capitol; and

 

WHEREAS, in 1981, Kathy Boudin, together with other members of the Weather Underground robbed a Brinks armored car at the Nanuet Mall; and

 

WHEREAS, Nyack Police Department, Sgt. Edward O’Grady and Police Officer, Waverly Brown and Brink’s, security guard, Peter Paige were killed during this robbery; and

 

WHEREAS, Kathy Boudin was sentenced to 20 years to life for her part in this crime after entering a plea of guilty, including one count of murder; and

 

WHEREAS, Kathy Boudin was paroled from prison in 2003; and

 

WHEREAS, Columbia University has hired Kathy Boudin as an Adjunct Professor at the School of Social Work; and

 

WHEREAS, Columbia University has a large presence in the Town of Orangetown through its’ operation of the Lamont-Doherty Earth Observatory; and

 

WHEREAS, Columbia University avails itself to the Orangetown Police Department, who took over police operations for the Nyack Police Department, for policing and safety issues, and

WHEREAS, as a member of the Orangetown community, Columbia University should strive to be a good neighbor and be respectful to community sensitivities, such as the impact the Brink’s robbery and Kathy Boudin had on the victims’ families and the Orangetown community as a whole; and

 

WHEREAS, the members of the Town Board believe that they have a responsibility to honor the memories and heroic actions of Nyack Police Department, Sgt. Edward O’Grady, Police Officer, Waverly Brown and Brink’s security guard, Peter Paige, as well as a responsibility to their families; and

 

WHEREAS, the Town Board of Orangetown has met, considered and by a unanimous vote approved this resolution; Now, Therefore Be It,

 

RESOLVED, that the Orangetown Town Board hereby condemns Columbia University for its irresponsible and insensitive decision to employ Kathy Boudin as an Adjunct Professor and the Town Board requests that Columbia University sever all ties with Kathy Boudin and offer a written apology to the victims’ families and the Orangetown community; and

 

BE IT FURTHER RESOLVED, the Town is hereby authorized and directed to send a certified copy of this resolution to the families of Nyack Police Department, Sgt. Edward O’Grady, Police Officer Waverly Brown and Brink’s security guard Peter Paige; and to such other person proper in order to effectuate the purpose of this resolution.

 

Ayes:      Councilmen Diviny, Valentine, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

* * *

 

RESOLUTION NO. 190                                          PAY VOUCHERS

 

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

Resolution No. 190 – Continued

 

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 $1,444,693.59.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilman Troy

* * *

RESOLUTION NO. 191                                          RE-ENTERED EXECUTIVE SESSION EASEMENT/LABOR CONTRACTS     

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Diviny, Morr and Valentine, John Edwards, Teresa Kenny, Rob Magrino, Charlotte Madigan, Jeff Bencik, Joe Moran and Aric Gorton.

 

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

 

RESOLVED, that the Town Board entered Executive Session to discuss an easement and labor contracts, at 8:50 p.m.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilman Troy

* * *

RESOLUTION NO. 192                                          RE-ENTERED RTBM     

 

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

 

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting, at 9:20 p.m.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:   Councilman Troy

* * *

RESOLUTION NO. 193                                          EASEMENT/ 155 CORPORATE DRIVE ORANGEBURG / SUBJECT TO PERMISSIVE REFERENDUM

 

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

 

RESOLVED, that the Town Board hereby approves the granting of a permanent easement for the installation and maintenance of telecommunications facilities, in the form annexed, on, over and under Town owned property located between Hunt Road and Corporate Drive (a portion of Tax Lot Section 73.15, Block 1, Lot 17 on the Official Tax Map of the Town of Orangetown) in favor of premises located at 155 Corporate Drive, Orangeburg, New York (Tax Map designations 73.15-1-18 and 73.19-1-1).  The consideration to be paid for the said easement is $100,000, and other contingent sums as set forth in the easement document.  The easement will facilitate the development of the premises at 155 Corporate Drive as a Data Center.

This resolution is subject to permissive referendum.

 

Ayes:      Councilmen Valentine, Diviny, Morr

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

RESOLUTION NO. 194                                          ADJOURNMENT/MEMORY       

 

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

 

RESOLVED, that the Town Board adjourned, in memory of  Sheila Burke, Pearl River; MaryEllen Joyce, Pearl River; John (Sean) O’Grady, Nanuet; Margaret O’Brien, Pearl River; Bernadette Duffy, Pearl River; Kieran Joseph Hanrahan, Sparkill; James Fitzmaurice, Pearl River and Rev. James J. Williams, St Charles AME Zion Church, at 9:33 p.m.

 

Ayes:      Councilmen Diviny, Morr, Valentine

Supervisor Stewart

Noes:      None

Absent:  Councilman Troy

 

 

 

 

____________________________________

                                                                                    Charlotte Madigan, Town Clerk