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Meeting - Town Board Meeting November 9, 2011 (View All)

Overview
Documents
Meeting Members
Date Name Group(s) Type Approved File
11/09/2011 Town Board Meeting November 9, 2011 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: 11/09/2011 7:30 PM
Group(s): Town Board
Location: Orangetown Town Hall
Documents Type File
Town Board Meeting November 9, 2011 Minutes

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

WEDNESDAY, NOVEMBER 9, 2011

This Town Board Meeting was opened at 7:35 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

Joseph Moran, Commissioner of DEME

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

Alexander Koniuta led the Pledge of Allegiance to the Flag.

 

James Dean, Superintendent of Highways, explained the Highway Department does not have the manpower or equipment to remove the branches and brush in a timely manner before the roadside leaf collection.  He requested a resolution to hire outside contractors to assist with the removal of branches and brush.  Leaf pickup will probably start Monday, (November 14th) and the leaf pickup schedule/portal will be on the website Monday, November 21st.

 

Summary of Public Comments:

Eileen Larkin, Palisades, thanked the Town for their assistance at her husband’s funeral.  She discussed cuts and expenditures of the Town and the effect on the taxpayers.

Alexander Koniuta, Boy Scout Troop 616 and candidate for an Eagle Scout, asked for assistance in collecting items for the soldiers being deployed to Afghanistan.  A collection box is located in the Town Hall.

Eileen Carson, Pearl River, asked how the fields are allocated and how often is the allocation process reevaluated.

 

RESOLUTION NO. 594                                          CLOSE PUBLIC COMMENTS

 

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

 

RESOLVED, that the public portion is hereby closed.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 595                                          OPEN PH/LL OVERRIDING THE 2% TAX CAP

 

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

 

RESOLVED, that the 8:00 p.m. public hearing to amend the Town Code, Chapter 34, entitled “Taxation” by adding a new Article III, entitled “Property Tax Cap Override – Fiscal Year 2012” is hereby opened.

 

Ayes:               Councilpersons Low-Hogan, Troy, Maturo

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

 

Charlotte Madigan, Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 11-A-11 and made a part of these minutes.

 

John Edwards, Town Attorney, said the tax levy cap is a new law passed at the end of the State legislature session.  There is a difference between a tax cap and what actually is contemplated by the law, which is a cap on the levy, which is how much of your budget, is actually funded by a tax levy.  The danger in not overriding derives from the fact, that it is a new law, which has to be applied and interpreted.  He still encourages the Board to override the cap, simply for protection from the uncertainties that are inherited in a newly enacted statue.  The Board may end up in a penalty situation that could be difficult.  Orangetown has challenges that are not faced by other municipalities that will prevent the Town from coming in within the cap.  The Board can fund some of those expenses using the fund balance but that exposes the Town to additional problems.  All this law does, is allows you to exceed it without penalty.  Governor Cuomo said, he is not telling municipalities what to do.  What he is doing is leaning on them politically.  The school districts will be subject to it next year.  He thinks it is prudent to override the tax levy cap at this point, fully understanding every effort will be made to come as close to the cap as possible.

 

Summary of Public Comments:

Mike Mandel, Pearl River, said the idea about even thinking of raising the cap is an insult to residents of this Town.  It is time to think of ways to reduce spending and change union contracts and not tax our way out of a problem.  He is against overriding the cap.

Eileen Larkin, Palisades, agrees that the Town needs to reduce spending.  She disagrees with Gov. Cuomo’s plan to hit municipalities with a 2% cap but believes this local law should be passed.  She spoke about the loss of taxes from Pfizer and other tax certioraris.

Anthony Riso, Piermont, is against overriding the cap.

Beth Riso, Nyack, is shocked at the fat in the budget with unrealistic salaries, benefits and job positions.  She is against overriding the tax cap.

Frenca Piperni, Nyack, is a chiropractor and is against this local law.  She and her husband own there own building in Nyack and property taxes have doubled.

Henry Rand, Nyack, said Gov. Cuomo challenged everyone to meet the 2% cap.  This law was passed to protect the taxpayers.  He, too, is against overriding.

Carol Silverstein, Orangeburg, is also against overriding the cap.  The Governor gave this mandate for homeowners’ relief.

Dr. Peter J. Puchaer, Piermont, a new resident, said the budget has to be cut or people need to be let go.  It should not be the Town Board’s decision to override, but rather the decision of the people.

Ann Marie Uhl, Sparkill, said the school districts are subject to the 2% tax levy.  The only way a school district can go over the cap is to put out a vote and get a 60% approval rate.  It would be irresponsible to exceed the cap without really looking closely at the budget.

Ann Putko, Piermont, voiced her support for not considering going over the tax cap.  We need to find creative solutions to provide basic services and not increase the tax burden.

 

 

RESOLUTION NO. 596                                          CLOSE PH/LL OVERRIDING THE 2% TAX CAP

 

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:               Councilpersons Troy, Diviny, Low-Hogan, Maturo

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 597                                          LEAD AGENCY/LL OVERRIDING THE 2% TAX CAP

 

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

 

Resolution No. 597 – Continued

 

RESOLVED, that the Town Board declares itself Lead Agency in this matter.

 

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

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 598                                          SEQRA DECLARATION/LL OVERRIDING THE 2% TAX LEVY CAP/NON-SIGNIFICANCE

 

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

 

WHEREAS, the Town Board has assumed the status of Lead Agency for environmental review in connection with the adoption of a Local Law relating to the override of the Tax Levy Limit provided at § 3-c of the N.Y.S. General Municipal Law; and

 

WHEREAS, the Town Board has reviewed and approved the Short Environmental Assessment Form (Exhibit 11-A-11) prepared and filed in connection with the proposed action; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board, acting in its capacity as Lead Agency under the N.Y.S. Environmental Quality Review Act, determines and declares that the proposed action consisting of the adoption of a Local Law authorizing the override of the limit on the amount of real property taxes that may be levied by the Town of Orangetown pursuant to General Municipal Law §3-c, thereby allowing the Town to adopt a budget for the fiscal year 2012 that requires a real property tax levy in excess of the “tax levy limit” will not have a significant adverse environmental impact, and authorizes the Supervisor to execute a Determination of Non-significance.

 

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

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 599                                          TB DECISION/LL OVERRIDING THE 2% TAX CAP/FAILED

 

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

 

RESOLVED, that the Town Board hereby adopts a local law to amend the Town Code, Chapter 34, entitled “Taxation” by adding a new Article III, entitled “Property Tax Cap Override – Fiscal Year 2012”.

 

Ayes:               Councilpersons Low-Hogan, Troy

Noes:               Councilperson Maturo, Diviny, Supervisor Whalen

 

* * *

 

RESOLUTION NO. 600                                          OPEN PH/CONTRACT/BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

 

 

Resolution No. 600 – Continued

 

RESOLVED, that the 8:05 p.m. public hearing to consider contracting with the Blauvelt Volunteer Fire Company, Inc., to provide fire protection services to and throughout the Blauvelt Fire Protection District within the Town is hereby opened.

 

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

Supervisor Whalen

Noes:               None

* * *

 

Charlotte Madigan, Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 11-B-11 and made a part of these minutes.

 

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

 

RESOLUTION NO. 601                                          CLOSE PH/CONTRACT/BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

RESOLVED, that the public portion is hereby closed.

 

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

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 602                                          LEAD AGENCY/CONTRACT BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

RESOLVED, that the Town Board declares itself Lead Agency in this matter.

 

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

Supervisor Whalen

Noes:               None

* * *

 

RESOLUTION NO. 603                                          NEGATIVE SEQRA DECLARATION CONTRACT BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

RESOLVED, that a SEQRA Declaration of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment, is hereby adopted.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 604                                          TB DISCUSSION/CONTRACT BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

RESOLVED, that the Town Board hereby discusses the proposed contract, with the Blauvelt Volunteer Fire Company, Inc., to provide fire protection services to and throughout the Blauvelt Fire Protection District, within the Town.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 605                                          TB/AMEND/CONTRACT/BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

RESOLVED, that the Town Board hereby approves a 1-yr contract with the Blauvelt Volunteer Fire Company, Inc., to provide fire protection services to and throughout the Blauvelt Fire Protection District, within the Town.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 606                                          TB/RESCIND/AMEND/CONTRACT BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES/RESCIND

 

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

 

RESOLVED, that the Town Board hereby rescind the motion to approve 1-yr contract with the Blauvelt Volunteer Fire Company, Inc., to provide fire protection services to and throughout the Blauvelt Fire Protection District, within the Town.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 607                                          TB AMEND/CONTRACT/BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

RESOLVED, that the Town Board hereby amends the 5-yr contract with the Blauvelt Volunteer Fire Company, Inc., to the first year, as proposed and written, for $827, 550.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 608                                          TB DECISION/CONTRACT BLAUVELT VOLUNTEER FIRE COMPANY/FIRE PROTECTION SERVICES

 

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

 

RESOLVED, that the Town Board hereby approves a 1-yr contract, as proposed and written for $827,550 with the Blauvelt Volunteer Fire Company, Inc., to provide fire protection services to and throughout the Blauvelt Fire Protection District, within the Town.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 609                                          OPEN PH/2012 PRELIMINARY BUDGET

 

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

 

RESOLVED, that the 8:10 p.m. public hearing to consider the 2012 Preliminary Budget is hereby opened.

 

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

Supervisor Whalen

Noes:               None

* * *

 

Charlotte Madigan, Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 11-C-11 and made a part of these minutes.

 

Summary of Public Comments:

Eileen Larkin, Palisades, commended Councilpersons Troy and Low-Hogan for voting for the override because she believes they were protecting the Town.  The Town Board has an obligation to meet contract obligations.  She requested the Town Board to table their vote on the budget.

Mike Mandel, Pearl River, is against layoffs and it should be done through attrition.  A freeze should have been in place before hiring court constables.  He questioned the following; increase in hospitalization; increase in the Parks Department seasonal overtime; increase in Police Officer supplies and life insurance.  He suggested a review of all contracts with outside vendors.

Robert Thompson, Pearl River, a budget analyst for several companies, asked what percentage needs to be cut and if the Pfizer settlement comes under the 2%.  He believes reducing the budget, within one week, is going to be a challenge.

 

RESOLUTION NO. 610                                          CLOSE PH/2012 PRELIMINARY BUDGET

 

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

 

RESOLVED, that the public portion is hereby closed.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 611                                          LEAD AGENCY/2012 PRELIMINARY BUDGET

 

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

 

Resolution No. 611 – Continued

 

RESOLVED, that the Town Board declares itself Lead Agency in this matter.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 612                                          SEQRA DECLARATION/2012 PRELIMINARY BUDGET

 

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

 

RESOLVED, that a SEQRA Declaration of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment,  is hereby adopted.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 613                                          TB DECISION/2012 PRELIMINARY BUDGET/RESERVE

 

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

 

RESOLVED, that the Town Board’s decision to adopt the 2012 Preliminary Budget as the 2012 Final Budget is hereby reserved.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 614                                          APPROVE LEASE/NEW YORK SMSA/D/B/A VERIZON WIRELESS

 

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

 

RESOLVED, that the Second Amendment to the Lease Agreement with New York SMSA Limited Partnership d/b/a Verizon Wireless is hereby approved and the Supervisor is hereby authorized to sign said Amendment.

 

Ayes:               Councilpersons Troy, Low-Hogan, Maturo

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

RESOLUTION NO. 615                                          AMEND RESOLUTION 437/2010 AND

                                                                                    RESOLUTION 62/2011/RETIREMENT ELECTED/APPOINTED OFFICIALS

 

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

 

WHEREAS, the New York State Comptroller passed Regulations regarding reporting and record keeping requirements for elected and appointed officials being reported into the retirement system and requiring the officials to maintain a record of activities for a consecutive three month period; and

 

Resolution No. 615 – Continued

 

WHEREAS the Comptroller’s Office requested corrections to the resolution previously submitted by the Town,

 

BE IT RESOLVED, that the Town Board hereby amends Resolution No. 437 of 2010 and Resolution No. 62 of 2011 as follows: to include the following information; the amended Resolution shall be posted for at least 30 days and a certified copy of the resolution shall be filed by the Clerk with the Office of the State Comptroller.

 

 

Elected Official

Title

Name Registration Number & last 4 digits of Social security number Standard

Work Day

(Hrs/day)

Term Begins/Ends Participates Employer’s Time Keeping  System Days/Month

(based on record of activities)

Supervisor Paul  Whalen 5000000-9 (4915) 7 1/1/10-12/31/11 No 25.71
Town Clerk Charlotte Madigan 3648368-3 (4817) 7 1/1/10-12/31/11 No 25.71
Town Justice Paul B. Phinney 3388673-0 (1012) 7 1/1/08-12/31/11 No 11.23
Town Justice Richard C. Finning 5000200-5 (4706) 7 1/1/10-12/31/13 No 11.57
Councilman Denis Troy 3805585-1 (4450) 7 1/1/10-12/31/13 No 13.12
Councilman Michael Maturo 4270093-0 (8154) 7 1/1/08-12/31/11 No 12
Councilman Thomas Diviny 5000001-7 (9642) 7 1/1/10-12/31/13 No 13.87
Councilwoman Nancy Low Hogan 4311498-2 (3422) 7 1/1/08-12/31/11 No 6.86

 

 

Appointed Officials

Title

Name Registration Number

& last 4 digits of social security number

Standard

Work Day

Hrs/day

Term Begins/Ends Participates  in Time Keeping  System Days/Month

(based on record of activities)

 Assessor Brian Kenney 367866-1 (9110) 7 10/01/07-9/30/13 no 25.28
Confidential Assistant to Supervisor Ann Marie Hahr 5000201-3

(4664)

7 1/1/10-12/31/11 no 22.85
Court Clerk Maureen McGrath 40284903 (4817) 7 01/3/11-12/31/11 yes n/a
Planning Board Bruce Bond 4344263-1 (3333) 7 1/1/10-12/31/18        no Not compliant
Zoning Board of Appeals Nanette Albanese 3788471-5 (9800) 7 2/15/06-12/31/13        no 1.14
Zoning Board of Appeals Patricia Castelli 4332551-3 (3860) 7 1/1/09-12/31/13 no 1.67
Planning Board member Kevin Garvey 4147276-2 (2138)

 

7 1/1/09-12/31/11 no .54
HABOR member Thomas Quinn 4343814-2 (7408) 7 3/30/09-12/31/11 no Not compliant
HABOR member Walter Wheatley 3683288-9 (6951) 7 1/17/01-12/31/13 no   .72
Zoning Board Daniel Sullivan 4337068-3 (0688) 7 1/3/06-12/31/16 no 1.93
Director of DEME vacant          
Supt. of Parks & Recreation Aric Gorton 4315008-5 (3315) 7 1/1/10-12/31/11 no 27.00
Chief Operator Waste Water IV vacant   7      
Director of OBZPAE John Giardiello 3758740-9 (3847) 7 1/1/10-12/31/11 no 25.71
Finance Director Charles Richardson 3985700-8 (3035) 7  1/1/10-12/31/11 no 22.28
Highway Maintenance Sup. III Michael Yannazzone 3109093-9 (2042) 7 1/1/2011-12/31/15 Y n/a
Legal Stenographer Mary Ferraro 4206467-5 (5908) 7 1/10/10-12/31/11 Y n/a
Personnel Administrator Eileen Schlag 3648712-2 (3720) 7 1/10/10-12/31/11 no 23
Secretarial Assistant Legal Barbara Dardzinski 3967340-5 (9187) 7 1/10/10-12/31/11 Y n/a
Town Attorney John Edwards 3759999-0 (5800) 7 1/1/10-12/31/11 no 17.74
Deputy Town Attorney Teresa Kenny 400079030 (6057) 7 1/1/10-12/31/11 no 12.15
Deputy Town Attorney Dennis Michaels 3822027-3 (6965) 7 1/1/10-12/31/11 no 10.60
Deputy Town Attorney Robert Magrino 369043-6 (5277) 7 1/1/10-12/31/11 no 10.60
Deputy Town Attorney Denise Sullivan 3867448-7 (0650) 7 1/1/10-12/31/11 no 12.56
Deputy Town Attorney Rick Pakola 4280548-1 (9295) 7 1/1/10-12/31/11 no 10.60
Deputy Town Attorney Barbara Gionta 3793357-9 (5756) 7 1/1/10-12/31/11 no 10.60
Animal Control Officer James Robbins 3736876-1 (5091) 7 1/1/10-12/31/11 y  
Animal Control Officer Richard Padilla 3701419-8 (1924) 7 1/1/10-12/31/11 y  

 

BE IT FURTHER RESOLVED that this Amended Resolution shall be posted for at least 30 days and a certified copy of the resolution shall be filed by the Clerk with the Office of the State Comptroller.

 

Ayes:               Councilpersons Low-Hogan, Maturo, Troy

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

RESOLUTION NO. 616                                          ACCEPT PERFORMANCE BOND JACQUENEY BLICKMAN SUBDIVISON

 

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

 

WHEREAS, pursuant to Town Board Resolution 2008-128, the Town formally accepted, received and filed a Performance Bond from Victoria Blickman Jacqueney, Trustee of Nancy C. Blickman in favor of the Town of Orangetown in connection with a certain subdivision known as the “Blickman Minor Subdivision” located at Sickletown Road, Pearl River, New York and

 

WHEREAS, pursuant to said Resolution, Victoria Blickman Jacqueney posted an Irrevocable Letter of Credit No. SDCMTN553279 issued by HSBC Bank in favor of the Town of Orangetown in the amount of $101,520.00.00, and

 

WHEREAS, the Planning Board in its decisions identified as PB #2011-38 and upon recommendation of DEME and the Orangetown Highway Department, recommended a reduction in the amount of the Performance Bond to $65,294.40,

 

NOW THEREFORE, be it hereby resolved that the Town Board hereby authorizes a reduction in the “Blickman Minor Subdivision” Performance Bond that was posted pursuant to Town Board Resolution 2008-128, to $65,294.40 and

 

BE IT FURTHER RESOLVED, that upon the Town Attorney’s Office, the Town hereby accepts, receives and files and Amended Letter of Credit No. SDCMTN5532789 dated October 18, 2011 issued by HSBC Bank in favor of the Town of Orangetown in the amount of $65,294.40.

 

Ayes:               Councilpersons Low-Hogan, Troy, Maturo

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

RESOLUTION NO. 617                                          APPROVE/ENDORSE GRANT    APPLICATION DEWINT HOUSE

 

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

 

WHEREAS, the Tappan Washington Memorial Corporation is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located at 20 Livingston Street, Tappan, NY, a site located within the territorial jurisdiction of this Board;

 

WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”;

Resolution No. 617 – Continued

 

RESOLVED, upon the recommendation of the Town Attorney, the application of Tappan Washington Memorial Corporation for a grant under the Environmental Protection Fund for a park project known as the DeWint House Revitalization Project for Long Term Sustainability is hereby approved and endorsed.

 

Ayes:               Councilpersons Low-Hogan, Troy, Maturo

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

RESOLUTION NO. 618                                          APPROVE/ENDORSE GRANT    APPLICATION TAPPAN LIBRARY

 

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

 

WHEREAS, the Tappan Free Library is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a project to be located at 93 Main Street and 2 Oak Tree Road in the Hamlet of Tappan in the Town of Orangetown, a site within the territorial jurisdiction of this Board; and

 

WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”;

 

NOW, THEREFORE, be it resolved by this august body that the Town Board of the Town of Orangetown hereby does approve and endorse the application of the Tappan Free Library for a grant under the Environmental Protection Fund for a project known as the “Tappan Library Renovation and Expansion Project” and located within this community.

 

Ayes:               Councilpersons Troy, Low-Hogan,

Supervisor Whalen

Noes:               Councilperson Maturo

Absent:            Councilperson Diviny

* * *

RESOLUTION NO. 619                                          APPROVE REVOCABLE LICENSE AGREEMENT/INSTALLATION OF POWER TRANSMISSION AND OTHER UTILITIES/CONVENT ROAD TO OUR LADY QUEEN OF PEACE CHAPEL AT RPC/TABLED

 

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

 

RESOLVED, that the Town Board hereby approves the issuance of a Revocable License to Roman Catholic Archdiocese of New York, in the form annexed hereto and made a part hereof, allowing the temporary installation of electric power transmission and other utilities from Convent Road to Our Lady Queen of Peace Chapel located on the Rockland Psychiatric Center.

 

Ayes:               Councilpersons Troy, Maturo, Low-Hogan

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

RESOLUTION NO.  620                                         APPOINT/PT FIRE INSPECTOR            HUGH DUFFY

 

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

Resolution No.  620 – Continued

 

RESOLVED, that upon the recommendation of the Chief of the Bureau of Fire Prevention, Hugh Duffy is hereby appointed to the position of P/T Fire Inspector, 2 days a week, not to exceed 28 hours per payroll period, at a rate of $25.00 per hour, effective November 14, 2011.

 

Ayes:               Councilpersons Maturo, Low-Hogan, Troy

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

RESOLUTION NO. 621                                                      ACCEPT MINUTES

 

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

 

RESOLVED, that the October 11, 2011 Regular Town Board Meeting, Audit Meeting and Executive Session minutes; and October 18, 2011 Workshop Meeting minutes are hereby accepted.

 

Ayes:               Councilpersons Low-Hogan, Troy, Maturo

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

 

RESOLUTION NO. 622                                          RECEIVE/FILE/DOCUMENTS/TOWN CLERK’S OFFICE

 

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

 

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

 

  1. Transcript of Bond and Note Closing 9/28/11 for $1,800,000 to pay the increase cost of the Orangetown Sewer District; to pay the cost of Consent Decree (DEC) payments in connection with hazardous substances at the Clarkstown Landfill; and $800,000, Public Improvement Refunding (Serial) Bonds -2011B.
  2. Employment Agreement between Joseph Moran and the Town, dated 10/13/11.
  3. Amended Use Agreement, September 30, 2011, between Orangetown Mighty Midgets Athletic Cub and the Town.

 

Ayes:               Councilpersons Troy, Maturo, Low-Hogan

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

 

RESOLUTION NO. 623                                          AUTHORIZE HIGHWAY DEPT. TO

                                                                                    HIRE OUTSIDE CONTRACTORS TO

                                                                                    ASSIST WITH TREE AND BRUSH

                                                                                    REMOVAL

 

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

 

WHEREAS, a significant storm event has resulted in damage to trees, brush and bushes throughout the Town requiring the removal of same prior to the Town’s annual roadside collection of leaves; and

 

Resolution No. 623 – Continued

 

WHEREAS, given the magnitude of the removal, the Town Highway Department does not have the manpower or equipment necessary to provide for the timely removal and disposal of the trees and brush in addition to the annual roadside leaf collection, and

 

WHEREAS, the Town has previously solicited, received and made selections from bids submitted from private contractors for periodic work, on a per diem basis, to perform such services;

 

NOW, THEREFORE, BE IT RESOLVED, that the Superintendent of Highways is authorized to retain the services of up to three (3) private contractors having adequate equipment and manpower to assist in the removal of trees and brush at a cost not to exceed $5,000 per day, per contractor and a total cost not to exceed $150,000.

 

Ayes:               Councilpersons Troy, Low-Hogan, Maturo

Supervisor Whalen

Noes:               None

Absent:            Councilperson Diviny

* * *

RESOLUTION NO. 624                                          APPROVE/ADLER CONSULTING ORANGEBURG COMMONS/TRAFFIC STUDY REVIEW

 

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

 

RESOLVED, that the Town Board approves an agreement with Adler Consulting for review of a traffic study, to be paid by the applicant, Orangeburg Commons.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 625                                          ENTERED AUDIT

 

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

 

RESOLVED, that the Town Board entered the Audit Meeting at 10:05 p.m.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 626                                          PAY VOUCHERS

 

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

 

RESOLVED, that the Finance Office is hereby authorized to pay vouchers for the General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds in the amount of $768,934.15.

 

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

Supervisor Whalen

Noes:               None

* * *

RESOLUTION NO. 627                                          ADJOURNMENT/MEMORY

 

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

Resolution No. 627 – Continued

 

RESOLVED, that the Town Board adjourned, in memory of Eugene Parsells, Tappan and father of employee Richard Ballard; Michael Carroll, Pearl River and father of Substance Abuse Committee member William Carroll; Patricia Linekin, Pearl River and mother of employee James Linekin; Daniel Sullivan, Stony Point and brother of PO James Sullivan; William Larkin, Palisades and husband of former Councilwoman Eileen Larkin; and Joseph Shea, Pearl River; at 10:13 p.m.

 

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

Supervisor Whalen

Noes:               None

 

 

 

 

 

____________________________________

Charlotte Madigan, Town Clerk

 

 

 

 

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