June 9, 2008

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING AGENDA

MONDAY, JUNE 9, 2008

7:30 P.M.

Roll Call: Council Members ( ) M. Manning ( ) D. Troy

( ) N. Low-Hogan ( ) M. Maturo

( ) Supervisor T. Kleiner

Pledge of Allegiance to the Flag:

Future Public Hearings

June 23, 2008

Discussion/Update

Tappan Downtown Infrastructure Issues

Public Comment

AGENDA

Town Board

1. Consider the request for the use of the Showmobile on Sunday, October 5, 2008 for the Walk for Life on the campus of Blue Hill to benefit Good Samaritan Hospital's Active International Cardiovascular Institute.

Mot. Sec. Ayes Noes Abst.

2. Consider the request by the Village of Nyack for the use of the Showmobile on June 7, 2008 for the first Annual African-American Parade and waive the $250 fee.

Mot. Sec. Ayes Noes Abst.

3. Consider the request of the Empire Hose Company #1, Piermont Fire Department, to waive the $250.00 Fats, Oils, and Grease (FOG) discharge permit and fee for 2008.

Mot. Sec. Ayes Noes Abst.

4. Authorize the renewal of a contract with CANDLE, in the amount of $30,000.00, for the provision of substance abuse prevention services to students and their families to be charged to Account No. A4211004/50457.

Mot. Sec. Ayes Noes Abst.

5. Set a public hearing date of July 21, 2008, 8:00 p.m. and circulate to appropriate agencies a petition to consider a zone change from LIO to R-15 for property located on Route 303 and Spruce Street, Blauvelt, NY (70.19-1-2).

Mot. Sec. Ayes Noes Abst.

6. Set a public hearing date of July 21, 2008, 8:00 p.m. and circulate to appropriate agencies a petition to consider the proposed new local law to be added to the Town Code entitled “Sparkill Hamlet Center Overlay Zoning District”.

Mot. Sec. Ayes Noes Abst.

7. Set a public hearing date of ______________ to solicit comment regarding the relocation of Casabello Holdings LLC located at 400 Corporate Road, Blauvelt to the Clarkstown Development Zone.

Mot. Sec. Ayes Noes Abst.

8. Set a public hearing date of _______________ to solicit comment regarding the relocation of Remains Lighting (“Aesthetonics”) located at Oak Tree Road, Tappan, to the Brooklyn Navy Yard/North Brooklyn Empire Zone.

Mot. Sec. Ayes Noes Abst.

9. Authorize the Town to participate in Rockland County's AmeriCorps program by becoming a host site, supervising one member and contributing $1200 towards one member's stipend.

Mot. Sec. Ayes Noes Abst.

DEME

10. Upon the recommendation of the Town Attorney and the Director of the

Department of Environmental Management and Engineering, approve a Certificate of Registration for 2008 sewer work to Fairway Golf and Landscape Maintenance Corporation, 119 Rockland Center, Nanuet, NY.

Mot. Sec. Ayes Noes Abst.

Highway

11. Award the contract for the maintenance and minor emergency repair of Town traffic and pedestrian signal controls and devices to Verde Electric Maintenance Corp., Mount Vernon, NY, the sole bidder, at a cost of $42,000 per year for three years for a total cost of $126,000.

Mot. Sec. Ayes Noes Abst.

12. Authorize James Dean, Superintendent of Highways, to attend the APWA Congress, August 17-20, 2008 in New Orleans, LA, at a cost of $1,566.30 to be charged to Account No. ________________.

Mot. Sec. Ayes Noes Abst.

Parks

13. Authorize Richard Rose, Superintendent of Parks, Recreation and Buildings, to attend the 2008 National Recreation and Parks Association Conference, from October 14-18, 2008 in Baltimore, MD at a cost of $666 to be charged to Acct. # 7020/0441/0480, and allow the use of a town vehicle. 

Mot. Sec. Ayes Noes Abst.

Police

14. Upon the recommendation of the Chief of Police, appoint Christopher Connolly from Rockland County Civil Service List No. (OC) 04200 "Police Officer" to the position of "Police Officer/Permanent", effective June 14, 2008, at a salary consistent with the terms of the PBA labor agreement.

Mot. Sec. Ayes Noes Abst.

Town Attorney

15. Resolution, Authorizing the Town Zoning Board of Appeals to Retain Counsel to Represent its Interests in Connection With Certain Pending Litigation Matters

WHEREAS, two Article 78 proceedings have been filed in the Rockland County Supreme Court under Index Nos. 08-4685 and 08-4743, naming the Town Zoning Board of Appeals ("ZBA") as a Respondent and challenging the legality of the actions of the ZBA, relating to its review of the appeal / application of Route 304 LLC filed in connection with the proposed development of a parcel or parcels of property located in the LI zoning district, on the east side of Route 304, at the intersection of Hillside Avenue, in the Hamlet of Pearl River, said property bearing Tax Map designation Sect. 68.16, Bl. 1, Lot 1 and Sect. 68.11, Bl. 3, Lots 39 & 40; and,

WHEREAS, by reason of a conflict of interest, the Town Attorney of the Town of Orangetown is prohibited from representing the ZBA in either of the two proceedings, requiring the ZBA to secure other counsel to represent its interests therein; and

WHEREAS, the Town Board understands and acknowledges that the cost of the legal services to be rendered by outside counsel to the ZBA is a cost that should properly be paid by the Town,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Town Zoning Board of Appeals ("ZBA") to retain the law firm of Dorfman, Knoebel, Conway, Fury & Griffin, LLP to defend the interests of the ZBA in the two legal proceedings referenced herein in accordance with the terms of a retainer agreement dated May 23, 2008, said law firm having been selected by the ZBA, whose fees shall be paid by the Town upon receipt, review and approval of bills submitted by them.

Mot. Sec. Ayes Noes Abst.

16. Resolution, Authorizing the Town Planning Board to Retain Counsel to Represent its Interests in Connection With a Pending Litigation

WHEREAS, an Article 78 proceeding has been filed in the Rockland County Supreme Court under Index No. 08-4685, naming the Town Planning Board ("Planning Board") and Town Zoning Board of Appeals ("ZBA") as Respondents therein, challenging the actions of the Planning Board and ZBA, relating to their respective reviews of a certain appeal / application of Route 304 LLC filed in connection with the proposed development of a parcel or parcels of property located in the LI zoning district, on the east side of Route 304, at the intersection of Hillside Avenue, in the Hamlet of Pearl River, said property bearing Tax Map designation Sect. 68.16, Bl. 1, Lot 1 and Sect. 68.11, Bl. 3, Lots 39 & 40; and

WHEREAS, by reason of a conflict of interest, the Town Attorney of the Town of Orangetown is prohibited from representing the Planning Board in the said proceeding, requiring the Planning Board to secure other counsel to represent its interests in said proceeding; and

WHEREAS, the Town Board understands and acknowledges that the cost of the legal services to be rendered by outside counsel to the Planning Board is a cost that should properly be paid by the Town,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Town Planning Board to retain Walter R. Sevastian, Attorney at Law, to defend the interests of the Planning Board in legal proceeding referenced herein in accordance with the terms of a retainer agreement dated May 30, 2008, said attorney having been selected by the Planning Board, whose fees shall be paid by the Town upon receipt, review and approval of bills submitted by him.

Mot. Sec. Ayes Noes Abst.

Town Clerk

17. Accept the Regular Town Board Meeting, Audit Meeting and Executive Session minutes of May 27, 2008 and the Executive Session minutes of June 2, 2008.

Mot. Sec. Ayes Noes Abst.

New Business

Adjournment

Mot. Sec. Ayes Noes Abst.

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