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April 28, 2008TOWN OF ORANGETOWN REGULAR TOWN BOARD MEETING AGENDA MONDAY, APRIL 28, 2008 7:30 P.M. To Be Preceded By 6:00 p.m. Meeting With New York State Public Service Commission On O & R Tree Cutting
DRAFT DRAFT DRAFT Roll Call: Council Members ( ) M. Manning ( ) D. Troy ( ) N. Low-Hogan ( ) M. Maturo ( ) Supervisor T. Kleiner
Pledge of Allegiance to the Flag:
Proclamation American Cancer Society “Paint the Town Purple Day” - May 3, 2008
Announcements Environmental Committee/Earth Day Signings Highway Open House, Saturday, May 10th 10 a.m. - 12 p.m. RPC Scoping Meetings at Town Hall, April 30th, 7:00 p.m. and May 10th, 10:00 a.m. Tappan Downtown issues Sparkill Re-zoning O & R Tree Cutting Agreement with Rockland county Solid Waste Authority regarding payment of anaerobic digestion and improved dewatering of sludge
Public Comment
AGENDA
1. Open 8:00 p.m. public hearing to consider a proposed local law adding Chapter 15 of the Town Code (“Fire Prevention Code”) regulations affecting privately owned fire hydrants within the Town.
Mot. Sec. Ayes Noes Abst. (Open)
Presentation: Affidavit of publication and notice of posting.
Public portion:
2. Close Public Portion.
Mot. Sec. Ayes Noes Abst.
3. Designation of Lead Agency.
Mot. Sec. Ayes Noes Abst.
4. SEQRA Declaration.
Mot. Sec. Ayes Noes Abst.
5. Town Board decision on the aforementioned.
Mot. Sec. Ayes Noes Abst. (Adopt/Deny/Reserve)
Town Board
6. Reappoint Denis D. Michaels to the position of Deputy Town Attorney, effective April 29, 2008, with an annual salary of $____________, to serve at the pleasure of the Town Board.
Mot. Sec. Ayes Noes Abst.
7. Reappoint Robert Magrino to the position of Deputy Town Attorney, effective April 29, 2008, with an annual salary of $____________, to serve at the pleasure of the Town Board.
Mot. Sec. Ayes Noes Abst.
8. Reappoint Barbara Gionta to the position of Deputy Town Attorney, effective April 29, 2008, with an annual salary of $__________, to serve at the pleasure of the Town Board.
Mot. Sec. Ayes Noes Abst.
9. Appoint Richard Pakula to the position of Deputy Town Attorney, effective April 29, 2008, with an annual salary of $__________, to serve at the pleasure of the Town Board.
Mot. Sec. Ayes Noes Abst.
10. Reappoint Denise Sullivan to the position of Deputy Town Attorney, effective May 5, 2008, with an annual salary of $_________, to serve at the pleasure of the Town Board.
Mot. Sec. Ayes Noes Abst.
11. Approve military pay agreement (resolution wording Teresa Kenny)
Mot. Sec. Ayes Noes Abst.
12. Authorize signing of the contract for the reconstruction of downtown Tappan, including sidewalk, curbing and drainage work.
Mot. Sec. Ayes Noes Abst.
13. Appoint the following members to the Commuter Task Force:
Colman O'Reilly James Castagna Lori Gallo Lynn Garcia Michael Gross Michael Norman Michael W. Browning
Mot. Sec. Ayes Noes Abst.
14. Consider the request of the Pearl River Rotary for the use of two portable toilets, barricades and trash receptacles (approx cost $2,100) for the Rotary Soap Box Derby trial run on May 18, 2008 and for the Derby on June 8, 2008 (rain date of June 15) to be charged to Acct. No. A7550/50457.
Mot. Sec. Ayes Noes Abst.
15. Consider the request of the Rockland County Police Emerald Society, Inc. for the use of four portable toilets (approx cost $400) for the Annual 5K Run-Walk to be held in Piermont on May 4, 2008 to be charged to Acct. No. A7550/50457.
Mot. Sec. Ayes Noes Abst.
DEME
16. Authorize Ronald C. Delo to attend the 2008 NY Water Environment Federation Technical Conference & Exhibition, June 1-4, 2008, Lake George, NY at a cost of $1,160 to be charged to Account No. G8120004/50441.
Mot. Sec. Ayes Noes Abst.
Finance
17. Upon the recommendation of the Finance Director, the following payments for Project Graduation are hereby approved and a total in the amount of $7,000.00 is to be charged to Account number A4211004/50457: Nanuet High School - $ 450 Tappan Zee High School - $2,500 Nyack High School - $1,250 Albertus Magnus - $ 300 Pearl River High School - $2,500
Mot. Sec. Ayes Noes Abst.
Highway
18. Authorize James Dean, Stephen Munno, Michael Yannazzone and Steven Bello to attend the NYS Association of Towns' Highway School, June 2-4, 2008 in Ithaca, NY, at a cost of $1098 to be charged to Account No. D5140054/50441.
Mot. Sec. Ayes Noes Abst.
19. Award the bid for curbside collection, transportation and disposal of residential recyclables in the amount of $4.25 per dwelling unit for collection once per week, every week for a period of five years, to Charles Capasso and Sons, Inc., Congers, NY, the only qualified bidder, to be charged to Account No. B8160174/50457.
Mot. Sec. Ayes Noes Abst.
20. Accept the proposal of Hines Wasser and Associates, LLC, Boston, MA, for landscape architectural services for Sparkill Depot Square in the amount of $12,700, to be charged to Account No. ________________________.
Mot. Sec. Ayes Noes Abst.
Parks
21. Upon the recommendation of the Superintendent of Parks, Recreation and Buildings, the agreement between the Town of Orangetown and Rinaldi Transportation for Day Camp bus transportation is hereby extended for the Summer of 2008, per the 2006 contract between the Town of Orangetown and Rinaldi Transportation.
Mot. Sec. Ayes Noes Abst.
22. Authorize the submission of a “Letter of Intent” for the 2009 Division for Youth State Grants Program through the Rockland County Youth Bureau and indicate the municipality as “other source of revenue”.
Mot. Sec. Ayes Noes Abst. 23. Approve the Letter of Extension Agreement with The Noble Ninth, Inc. dated April 17, 2008, for use of the Noble Ninth's picnic grounds for the Town of Orangetown's 2008 Summer Day Camp Program from June 30, 2008 through August 8, 2008 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.
Mot. Sec. Ayes Noes Abst.
Personnel
24. Appoint employee, Robin Goldsmith, to the position of Real Property Appraiser, permanent, from Eligible List #06112 (OC), with a mandatory six-month probationary period, grade 15-1, at an annual salary of $55,248, effective April 29, 2008.
Mot. Sec. Ayes Noes Abst.
Police
25. Authorize two police officers to attend the “Field Training Officer” Course held by the Bergen County Law & Public Safety Institute, May 60-8, 2008, in Mahwah, NJ, at a cost of $825 to be charged to Acct. #B/3120/50441/0480.
Mot. Sec. Ayes Noes Abst.
26. Authorize one police officer to attend the Graffiti Deciphering, Interdiction and Investigation Course”, May 5-6, 2008, in Binghamton, NY, at a cost of $532 to be charged to Acct. #B/3120/50441/0480.
Mot. Sec. Ayes Noes Abst.
27. Authorize two police officers to attend the Colt M16/AR15 Armorer's Course, October 22-24, 2008, in Binghamton, NY, at a cost of $1063 to be charged to Acct. #B/3120/50441/0480.
Mot. Sec. Ayes Noes Abst.
Town Attorney
28. Whereas, as a condition of Site plan Approval, the then owner of the property located at 2000 Corporate Drive, Orangeburg, New York, and more fully identified as Tax Lot 73.15, Block 1, Lot 19 was required to file a Restrictive Covenant requiring said owner to reserve and then install 384 additional parking spaces at the site and,
Whereas NYNEX Properties Company as owner of the subject property filed with the Rockland County Clerk's Office a Restrictive Covenant, dated July 14, 1989 and filed August 29, 1989 in Book 370, Page 1759, which required the owner to construct an additional 384 parking spaces at the subject property, which Restrictive Covenant was amended by a Declaration of Covenants and Restrictions dated March 13, 1992 and filed in the Rockland County Clerk's office on April 13, 1992 at Book 517, Page 10959 and,
Whereas Verizon Wireless, the current owner of the property and successor in interest to NYNEX Properties Company, has satisfied the conditions of Site Plan approval by constructing the necessary parking spaces, and the Planning Board of the Town of Orangetown has recommended that the Restrictive Covenants be terminated,
Now therefore be it resolved, that as the conditions of the Restrictive Covenant dated July 14, 1989 and the Amended Declaration of Covenants and Restrictions dated March 12, 1992 by NYNEX Properties Company, for the property located at 2000 Corporate Drive, Orangeburg, New York, more fully identified as tax lot 73.15, Block 1 Lot 19, have been satisfied, the Supervisor is hereby authorized to execute a Termination of the Declarations of Covenants and Restrictions and related documentation necessary for recording same.
Mot. Sec. Ayes Noes Abst.
29. WHEREAS, the Town of Orangetown Department of Environmental Management and Engineering (DEME), has determined that an existing drainage easement, granted to the Town in 1957 and recorded in the Rockland County Clerk's Office at Liber 643, Page 587, that runs across lands now owned by Edward and James Merritt located at Ehrhardt Road, Pearl River, New York, and more fully identified as Tax Lot Section 64.18, Block 1, Lot 79, should be replaced and extended across this property to service additional homes located on this property; and
WHEREAS, there exists on the property an existing drainage pipe which is part of the Sanitary Sewer Easement originally granted to the Town in 1957; and
WHEREAS, Edward and James Merritt have agreed to convey a Replacement Sanitary Sewer Easement to the Town which address the needs and requirements for having a Sanitary Sewer Easement in favor of the Town on this premises as determined by DEME; and
WHEREAS, the Town wishes to terminate the 1957 Easement identified above and accept in its place a Replacement Sanitary Sewer Easement across said property of Edward and James Merritt for the purpose of extending the said existing drainage easement as first granted in 1957 and doing so by way of a Replacement Sanitary Sewer Easement; and
WHEREAS, other than administrative costs, there shall be no cost to the Town to abandon or obtain said easement, and
WHEREAS, it is in the public interest to abandon s much of said drainage easement and obtain an easement for the existing pipe and future uses of the property,
NOW THEREFORE IT IS HEREBY RESOLVED, that in accordance with Articles 4 and 12 of the New York Town Law, upon the evidence presented herein and upon the advice and recommendation of the Department of Environmental Management and Engineering and the Town Attorney's Office as follows:
1) This is an unlisted action subject to the New York State Environmental Quality Review Act. The Town of Orangetown Town Board appoints itself as Lead Agency for the uncoordinated review of this action. There are no other involved agencies. There will be no significant adverse impact on the environment as a result of this action. The basis for this determination is that the action involves the abandonment of a portion of an existing and otherwise continuing easement which is not needed by the Town and the acquisition and acceptance of a Replacement Sanitary Sewer Easement which will extend portions of the original Easement from 1957. Such abandonment and acceptance of new easement will have no impact on the site and will not disturb any environmentally sensitive sites and will not cause any adverse environmental impact upon the air quality, vegetation, ground water, or Town goals and objectives.
2) This proposed resolution was heard at a public and noticed Regular Town Board Meeting.
3) The Town Board hereby authorizes the acceptance by the Town of a Replacement Sanitary Sewer Easement which supersedes and terminates an existing Sanitary Sewer Easement located on lands currently owned by Edward and James Merritt located on Ehrhardt Road, Pearl River, New York, and more fully identified as Tax Lot Section 64.18, Block 1, Lot 79. A copy of said Replacement Sanitary Sewer Easement, including the metes and bounds description of same is annexed hereto.
4) The Town Supervisor is authorized to execute on behalf of the Town, all documents necessary to effectuate the acceptance of the Replacement Sanitary Sewer Easement, which by its terms terminates a previous easement to the Town which was filed with the Rockland County Clerk on March 4, 1957 at Liber 643, Page 587.
Mot. Sec. Ayes Noes Abst.
Town Clerk
30. Accept Regular Town Board Meeting, Audit Meeting, Executive Session minutes of April 14, 2008; and Special Town Board Meeting and Executive Session minutes of April 21, 2008.
Mot. Sec. Ayes Noes Abst.
31. Receive and file in the Town Clerk's Office, the fully executed copy of Change Order No. 2 for roof repairs at the Orangetown Wastewater Treatment Facilities.
Mot. Sec. Ayes Noes Abst.
32. Receive and file in the Town Clerk's Office, the following original documents for the Cherry Brook Drainage Improvement Project:
Mot. Sec. Ayes Noes Abst.
33. Receive and file in the Town Clerk's Office, the fully executed Change Order No. 7 for the Cherry Brook Drainage Improvements.
Mot. Sec. Ayes Noes Abst.
34. Receive and file in the Town Clerk's Office, the following documents for the Orangetown Soccer Complex, Contract 2, Electrical with Fanshawe, Inc. d/b/a Rockland Electric.
Mot. Sec. Ayes Noes Abst.
35. Receive and file in the Town Clerk's Office, the executed Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax (Form TP-584) from Orange & Rockland in regards to the Hunt Road force main replacement.
Mot. Sec. Ayes Noes Abst.
36. Receive and file in the Town Clerk's Office, the Covenant, Conservation Easement and Indemnification Agreement between American Construction Management, Inc. and the Town of Orangetown in regard the Sterngass Subdivision.
Mot. Sec. Ayes Noes Abst.
New Business
Adjournment
Mot. Sec. Ayes Noes Abst.
6 RTBM 04/28/08 Page
Created by townclerk. Last modified 2008-04-25 15:54:42. |
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