TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, FEBRUARY 13, 2007
This Regular Town Board Meeting was opened at 7:43 p.m. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Councilman Thomas A. Morr
Also present: Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
Teresa Kenny, Town Attorney
John S. Edwards, First Deputy Town Attorney
Robert Magrino, Deputy Town Attorney
Suzanne Barclay, Exec Asst. to Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Ron Delo, Director of Dept. Environmental Mgt. & Eng.
Kevin Nulty, Chief of Police
Robert Zimmerman, Police Captain
Robert Simon, Receiver of Taxes
The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk.
Supervisor Kleiner announced, there will be a presentation regarding “Rain Gardens and Water Resource Protection” in Rockland County on February 20th, 7:00 p.m., at the Nanuet Public Library and printed in the Journal News will be the options for the TZ Bridge.
RESOLUTION NO. 103 APPOINT POLICE OFFICER RICHARD HOLIHAN
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Chief of Police, Richard Holihan from the Rockland County Civil Service List # (OC) 04200 to the position of Police Officer/Permanent effective retroactively to February 5, 2007, at a salary of $32,993.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
Charlotte Madigan, Town Clerk, administered the Oath of Office and congratulated Richard Holihan and his family.
* * *
Public Comment (RTBM)
Hector A. May, Orangeburg, made a statement for Mike Greco, President of the Rockland County Police Hispanic Society, to encourage the hiring of Spanish speaking police officers.
Genevieve Coffey, Pearl River, spoke about the Planning Board, the direction of water flow from the new construction, which is causing flooding and that her tree was cut down.
Kate Raffa, Pearl River Chamber, thanked the Town Board for the removal of unused utility poles near Ringer’s Furniture.
Andrew Wiley, Pearl River, spoke regarding the Spanish speaking Police Officers advertisements and he is against the fairness of the applications for Sparkill and full time benefits for the Town Board.
Ennio Muno, Pearl River, spoke of a rain date for the 4th of July celebration.
RESOLUTION NO. 104 CLOSED PUBLIC COMMENT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public comment portion of this meeting is hereby closed.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 105 OPEN PH/CONSERVATION EASEMENTS/SECTION 21-7.1
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the public hearing to consider a proposed local law amending Section 21-7.1 of the Town Code entitled “Conservation Easements” is hereby opened.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
The Town Clerk presented the affidavit of publication and the notice of posting, copies are labeled Exhibit 2-A-07 and made a part of these minutes.
The public portion was opened and the following people spoke:
Robert Magrino, Deputy Town Attorney, explained that the drafted new law would allow the Planning Board authorization to protect the environmentally sensitive land, the environment, land with special characteristics or character of the neighborhood. He also referred to the letter from Rockland County Planning, dated February 8, 2007.
Janet Hoffman, Blauvelt, spoke regarding the countries’ and the nation’s borders.
Joy Macy, Blauvelt, is in favor of this because it is important to preserve trees for health care.
Robert Dell, Tappan, is in favor but believes there needs to be enforcement.
Fran Oldenburger, Blauvelt, is in favor and appreciates the need for open space.
Andrew Wiley, Pearl River, asked the easement ratio to each lot and clarification of soil disturbance?
Watson Morgan, Blauvelt, spoke about the change in character of the community and the need to address issues for the loss of open space.
RESOLUTION NO. 106 CLOSE PH/CONSERVATION EASEMENTS/SECTION 21-7.1
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the public hearing to consider a proposed local law amending Section 21-7.1 of the Town Code entitled “Conservation Easements” is hereby closed.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 107 DESIGNATION OF LEAD AGENCY CONSERVATION EASEMENTS SECTION 21-7.1
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 107
RESOLVED, that the Town Board hereby declares itself Lead Agency in this matter.
Ayes: Councilpersons O’Donnell, Manning, Troy, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 108 NEGATIVE SEQRA DECLARATION CONSERVATION EASEMENTS SECTION 21-7.1
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that a negative SEQRA Declaration is hereby adopted.
Ayes: Councilpersons Troy, Morr, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 109 TOWN BOARD DECISION AMENDMENT TO CONSERVATION EASEMENTS SECTION 21-7.1
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Town Board hereby adopts a proposed local law amending Section 21-7.1 of the Town Code entitled “Conservation Easements”.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 110 COMBINE AGENDA ITEMS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that agenda items six (6) through thirty-nine (39) are hereby combined.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 111 WORKSHOP/REGULAR TOWN BOARD MEETING/CANCELLED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Town Board workshop scheduled for Tuesday, February 20th and the Regular Town Board Meeting scheduled for Wednesday, February 28th are hereby cancelled.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 112 APPOINT/ORANGETOWN HOUSING AUTHORITY/PETER BYRNE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Peter Byrne is hereby appointed to the Orangetown Housing Authority for a 5-yr term effective February 13, 2007 through December 31, 2011.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 113 APPOINT/BUREAU OF FIRE PREVENTION/THOMAS LORENZ
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Thomas Lorenz is hereby appointed to the Bureau of Fire Prevention.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 114 AID/PALISADES-SPARKILL BASEBALL LEAGUE/SHOWMOBILE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of the Palisades-Sparkill Baseball League, Inc. for the use of the Showmobile for a benefit concert at the Masonic Lodge in Tappan on Sunday, May 20, 2007 to be charged to Acct. # A7550/50011/50457 is hereby approved.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 115 AMEND RESOLUTION NO. 27/2007 PR PARKS/ACTIVITY/FIREWORKS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Resolution No. 27/2007 is hereby amended as follows:
RESOLVED, that the request of the Pearl River Parks & Activity Committee Inc. for three yards of sand, trash receptacles, clean up of field, barricades, and four portable toilets (two handicapped accessible) and to waive all permit fees for the 4th of July Fireworks Display and Celebration on Wednesday, July 4, 2007 (rain date of July 5, 2007) to be charged to Account No. A7550/50011/50457 is hereby approved.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 116 AMEND CODE/SECTION 37- 9 UNSAFE BUILDING/SET PH
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a public hearing date of March 12, 2007, 8:00 p.m. is set to consider amending the Town Code for the Town of Orangetown, Section 37-9, to permit the Director of OBZPAE to repair, secure and/or demolish unsafe buildings in emergency situations without a Town Board Resolution.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 117 APPROVE/2007 CERTIFICATE OF REGISTRATION FOR SEWER WORK
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration for 2007 Sewer work is hereby approved to the following:
Kevin Stokes Excavating, Inc. Ronald J. Tarigo
P O Box 812 5 Cross Creek Lane
Pearl River, NY 10965 Stony Point, NY 10989
Ronald Filera Landscape Contractors, LLC Phoenix Excavators Corp.
P O Box 377 62 Rose Road
Tappan, NY 10983 West Nyack, NY 10994
M P Olson Excavation Rino Paving & Construction Inc.
57 N. Airmont Road 3 Hillside Avenue
Suffern, NY 10901 Suffern, NY 10901
Cal Mart Enterprises, Inc. Monsey Excavating, Inc.
357 Route 59 71 Montebello Commons Drive
West Nyack, NY 10994 Montebello, NY 10901
J.D. Backhoe Pearl River Plumbing, Heating & Electric, Inc.
3 Route 340 60-70 Dexter Plaza
Orangeburg, NY 10962 Pearl River, NY 10965
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 118 DEME/VEHICLES & EQUIPMENT DECLARED SURPLUS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that following DEME vehicles and equipment are hereby declared surplus.
Vehicle # Vehicle Condition
117 Green 1991 Chevrolet C-3500 Utility Old, needs front end, brake, tire
Body, 94,774 Miles & exhaust work.
115 Green 1998 Chevrolet C-3500 Utility Old, needs front end, exhaust &
Body, 78,291 Miles engine control work.
111 Green 1999 Chevrolet C-3500 Rack Rack body & rear frame rusted.
57,386 Miles
118 Green 1966(?) Intl. 1700 Loadstar Old, needs alternator & brake
Flatbed, 68,666 Miles work.
121 White 1997 Ford Expedition Old, dirty but in fair running
107,168 Miles condition.
129 Green 1979 Intl. 1710B Cab Over
Pressure Truck, 81,757 Miles
130 Orange 1987 Ford L-8000 Pressure Old, water tank body is rusted.
Truck, 148,445 Miles
152 White 1998 Jeep Cherokee Old, fair condition.
79,557 Miles
162 Grey 1989 Chevrolet Caprice Station Old, rusted, new exhaust system.
Wagon, 40,444 Miles
109 Green 1997 Ford F-150 Ext. Cab 4X4 Old, needs tires.
Pick Up Truck, 83,431 Miles
101/108 Green 1996 Dodge Ram 1500 Ext. Old, needs transmission & tires.
Cab 4X4 Pick Up, 156,725 Miles
103 Green 1988 GMC-6000 Dump Truck Old, PTO hydraulics.
27,767 Miles,
Blue 1996 Ford Crown Victoria Old Fire Inspector’s car.
105,285 Miles
Black 1997 Ford Crown Victoria Old Assessor’s car. Needs brake
166,415 Miles line work.
Grey 1994 Chevrolet Caprice Old Assessor’s car.
162,089 Miles
Grey 1993 Ford Taurus 132,686 Miles Old mail car.
Waukesha 6-Cylinder Engine Running condition Feb. ’06.
(Taken from right line drive Application.)
Crane Truck (?) on the hill Old.
Trailer (?) on the hill Old.
Magnamax Genset 450 KW, Needs overhaul & turbos,
Natural Gas Cummins V-12 generator worked.
1988 Harder Stainless Steel 1¼ Yard Body, no electric motor, needs
Capacity Spreader gear train work.
Coats 20/20 Super Star Tire Changer
Pulsar 960 Diagnostic Scope Tire
Balancer Automatic 3 Phase Electric
Metal Cutting Band Saw
Century Kleen King Antifreeze
Recycler
Snap On MT 3500 Emissions Analyzer
Air Compressor Old.
Brake Lathe Old.
145 Gen Set (?) on the hill Old.
1994 “Ozonia” Ozone System
Ozone Generator, Model #GTC-7W Works, air compressor needs work.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 119 DEME/JAMES O’CONNELL PERMISSION GRANTED WASTEWATER TREATMENT PLANT OPERATORS TRAINING
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 119 – Continued
RESOLVED, that permission is hereby granted to James O’Connell, Assistant Operator, to attend Certification Training for Wastewater Treatment Plant Operators consisting of three courses at SUNY Morrisville, at a cost of $5,000.00 to be charged to Acct. No. G8130-50441-50480.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 120 DEME/AWARD BID/INDUSTRIAL VACUUM MOUNTED ON A HEAVY DUTY TRUCK CHASSIS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, the Director of the Dept. Environmental Mgt. & Eng. duly advertised for sealed bids for an Industrial Vacuum Mounted on a Heavy Duty Truck Chassis, which were received and publicly opened on January 17, 2007. The Director made this recommendation to the Town Board; a copy is labeled Exhibit 2-B-07, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Jet-Vac, Inc., the sole bidder, in the amount of $163,000 less an optional trade-in of $5,000 for a net purchase price of $158,090 to be charged to Acct. No. H8130032-50200.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 121 POLICE REGULATION/TEMPORARY PARKING MUNICIPAL PARKING NO 1 E CENTRAL AVENUE/PEARL RIVER/DEME
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that temporary and exclusive use of twenty parking spaces in the Town’s Municipal Parking Lot No. 1 off of East Central Avenue by Pearl River Auto Center, LLC, McNamera Fireplace and Stove, LLC and Rotjan during the two month construction of the Cherry Brook Storm Drain and allow overnight parking of five spaces is hereby authorized.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 122 AUTHORIZE ORANGE & ROCKLAND UTILIES/REMOVE UTILITY POLES
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Orange & Rockland is hereby authorized to remove thirteen redundant utility poles on Central Avenue, Pearl River at a cost of $10,322 to be charged to Acct. No. H8989743/50200.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 123 FINANCE/AUTHORIZE CONTRACTS TOWN RISK MANAGEMENT INSURANCE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that contracts for the provision of the Town’s risk management insurance with the following companies are hereby authorized:
Princeton Excess and Surplus Insurance for the period 1/20/07-4/1/08 in the amount of $720,578
American International Excess Liability for the period 1/20/07-4/1/08 in the amount of $103,482
Travelers Excess Property for the period 1/20/07-4/1/08 in the amount of $52,884
Safety national Excess Workers Compensation for the period 1/20/07-4/1/08 in the amount of $83,456
Gallagher Bassett Third party Administration for the period 1/20/07-4/1/08 in the amount of $75,937
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 124 FINANCE/AUTHORIZE/CLOSE SEWER RECONSTRUCTION CAPITAL PROJECT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Sewer Reconstruction capital project (1990s) is closed and the transfer any proceeds to debt service is hereby authorized.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 125 FINANCE/AUTHORIZE TRANSER SEWER FUND TO SEWER FACILITY REPAIR/CLOSE CAPITAL PROJECT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the transfer of $74,733 from Sewer Fund to Sewer Facility Repair and closure of the capital project is hereby authorized.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 126 FINANCE/AUTHORIZE TRANSER SIDEWALKS/CLOSE CAPITAL PROJECT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the transfer of $18,685 from the General Fund to Sidewalks and closure of the capital project is hereby authorized.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 127 HIGHWAY/APPROVE/EXTEND INDEXED LUMP SUM MUNICIPAL SNOW/ICE AGREEMT/NYSDOT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the proposed Agreement to Extend Indexed Lump Sum Municipal Snow and Ice Agreement between the Town of Orangetown and the New York State Department of Transportation is hereby approved.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 128 HIGHWAY/AWARD BID/SIGN POSTS GARDEN STATE HIGHWAY PRODS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for sealed bids for signposts, which were received and publicly opened on January 25, 2007. The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 2-C-07, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Garden State Highway Products, Vineland, New Jersey, the lowest qualified bidder, for an amount which will vary based on materials to be ordered during the contract period and to be charged to Acct. No. D5140/50457.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 129 PARKS/VEHICLES & EQUIPMENT DECLARED SURPLUS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the following Parks, Recreation and Building vehicles and equipment are hereby declared surplus.
Model Year VIN/Serial # Dept.
Jacobsen LF-100 1994 67785 2070 BH
Toro Greensmaster 105 04128-00196 BH
GMC Dump Truck 1988 1CDHV34K5JJ5113 BH
Howard Price Mower F-45H 1972 67-0233 BH
16HP Giant Vacuum/Blower 94242050 BH
Core Harvester 890009A A97043139 BH
Greens Saver A002541 884716 BH
Greens Saver A005023 884580 BH
Steiner Reel Units RM684 F1106 BH
Smithco Spray Star 16-130 SSWA-306 BH
Kwik Trencher, Model KT1200 2322 BH
Olathe Stump Grinder, Model 8 816 BH
Jacobsen Walk Behind Mower ? BH
Yamaha Cart JG5-109149 BH – Poor
Yamaha Cart JG5-308301 BH – Fair
Yamaha Cart JG5-314618 BH – Poor
Ford Pickup 1990 1FTEF25YXLNB10818 Parks
Chevrolet Stake Body Truck 1992 1GBHK34K3NE187372 Parks
Highland Salt Spreader 1994 ? Parks
Starlite Trailer 1996 13YFS2024TC061628 Parks
Snowco Trailer 1975 C12607 Parks
Meyer Snow Plows (2) 1994 C8 & C9 Parks
US Military Tank 1966 ? Parks
US Military Trailer Tank ? ? Parks
Ford Tractor, Model D-1236 1986 6531939 Broadacres
Giant Pull Along Vacuum 1988 211456 Broadacres
Toro Greensmaster – Triplex 1985 00654 Broadacres
Toro Truckster, 3-wheel cart 1970 0830050624 Broadacres
Cushman, Frontline Mower 1989 627672 Broadacres
Jacobsen, GreenskingIV 1989 62225-1835 Broadacres
Jacobsen, Sweeper 154 ? Broadacres
Lastec Rough Cutter, 721X 1999 X6550297 Broadacres
Panasonic Displaywriter 1980s 7FA10103347 Parks Office
Panasonic Displaywriter 1980s 8EM24CO7911 Parks Office
Olympic Typewriter 1980s 66200-45841(04) Parks Office
34 Computer Monitors Offices
35 CPU’s Offices
Misc. Printers/Keyboards, etc. Offices
Chevrolet Caprice 1994 1G1BL52P2RR192157 Poor – Bldg Maint.
Chevrolet Caprice 1994 1G1BL52W8RR157808 Poor – Bldg Maint.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 130 PERSONNEL/DEME/ESTABLISH ENGINEER II
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the position of Engineer II in the Department of Environmental Management & Engineering, grade 20, effective February 14, 2007 is hereby established.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 131 PERSONNEL/DEME/ASST OPERATOR GRADE 3 WASTEWATER TRAINEE ROBERT SPINOSA
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Robert Spinosa is hereby appointed to the position of Assistant Operator Grade 3 (Wastewater) Trainee in the Department of Environmental Management & Engineering, Grade 14-19, annual salary $71,970 effective February 14, 2007.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 132 PERSONNEL/RECREATION & PARKS/ESTABLISH GROUNDS WORKER
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 132 -Continued
RESOLVED, that the position of Grounds worker in the Recreation & Parks Department, grade 20, effective February 14, 2007 is hereby established.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 133 APPROVE/TAX CERTIORARI SETTLEMENT/ALTERRA HEALTHCARE/AHC EXCHANGE CORP/TOWN ATTORNEY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the Pearl River Union Free School District, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Stipulation and Consent Order of the tax certiorari proceeding Alterra Healthcare & AHC Exchange Corp. v. Brian J. Kenney, Assessor, and the Board of Assessment Review for the Town of Orangetown, Rockland County, New York, Tax Map designations: 73.05-1-53.1 for tax assessment year 2004/2005, for a total refund by the County of $9,653.00; for a total refund by the Town of $41,997.00; and for a total refund by the Pearl River Union Free School District of $146,441.45. Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 134 APPROVE/TAX CERTIORARI SETTLEMENT/GISSONDI FAMILY LTD PARTNERSHIP/TOWN ATTORNEY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the Nyack Union Free School District, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Stipulation of Settlement and Order of Settlement of the tax certiorari proceeding Gissondi Family Limited Partnership v. The Board of Assessors and the Board of Assessment Review of Town of Orangetown, and the Nyack Union Free School District, Tax Map designation: 66.29-2-54 for tax assessment years 2002/03; 2003/04; 2004/05; 2005/06; and 2006/07, for a total refund by the County of $2,190.00; for a total refund by the Town of $8,973.00; and for a total refund by the Nyack Union Free School District of $32,361.00. Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 135 APPROVE/TAX CERTIORARI SETTLEMENT/GISSONDI FAMILY LTD PARTNERSHIP/TOWN ATTORNEY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 135 – Continued
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the Nyack Union Free School District, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Stipulation of Settlement and Order of Settlement of the tax certiorari proceeding Gissondi Family Limited Partnership v. The Board of Assessors and the Board of Assessment Review of Town of Orangetown, and the Nyack Union Free School District, Tax Map designation: 66.38-2-54 for tax assessment years 2002/03; 2003/04; 2004/05; 2005/06; and 2006/07 for a total refund by the County of $2,811.00; for a total refund by the Town of $11,097.00; and for a total refund by the Nyack Union Free School District of $40,830.00. Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 136 APPROVE/TAX CERTIORARI SETTLEMENT/MARKIM/BERGERMAN LOWELL/TIMBERGER/MORAN/DAY/KAISER/ESPOSITO/GIBBS/BERK/SIEGEL TOWN ATTORNEY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the South Orangetown Central School District, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Consent Judgment of the tax certiorari proceeding Alfred and Sondra Markim, George and Ann Bergerman, Fred Lowell, Robert Timberger, Audrey Moran, Joan and Roosevelt Day, Stewart Kaiser, Richard and Linda Esposito, Carol and Horace Gibbs, Ralph and Cheryl Berk, and Marcia Siegel, Tax Map designations: 75.56-1-.4305, 75.56-1-1.4307, 75.56-1-1.8207, 75.56-1-1.4305, 75.56-1-1.4310, 75.56-1-1.4309, 75.56-1-1.3211, 75.56-1-1.4306, 75.56-1-1.4311, 75.56-1-1.4304, 75.56-1-1.7306, for tax assessment year 2004/05, for a total refund by the County of $522.00; for a total refund by the Town of $626.00; and for a total refund by the South Orangetown Central School District of $4,600.00. Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 137 APPROVE/TAX CERTIORARI SETTLEMENT/SHAD ROW OFFICE CONDOMINIUM/TOWN ATTORNEY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the South Orangetown Central School District, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Stipulation and Order and Judgment Reducing Assessments of the tax certiorari proceeding Shad Row Office Condominium v. The Town of Orangetown, Its Assessor and Board of Assessment Review of the Town of Orangetown, Tax Map designation: 75.55-1-8./105 for tax assessment years 2000/01; 2002/03; 2003/04; 2004/05; 2005/06 and 2006/07, for a total refund by the County of $371.00; for a total refund by the Town of $482.00; and for a total refund by the South Orangetown Central School
Resolution No. 137 – Continued
District of $4,843.00. Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 138 APPROVE/TAX CERTIORARI SETTLEMENT/SHAD ROW OFFICE CONDOMINIUM/TOWN ATTORNEY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the South Orangetown Central School District, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Stipulation and Order and Judgment Reducing Assessments of the tax certiorari proceeding Shad Row Office Condominium v. The Town of Orangetown, Its Assessor and Board of Assessment Review of the Town of Orangetown, Tax Map designation: 75.55-1-8./107 for tax assessment years 2000/01; 2002/03; 2003/04; 2004/05; 2005/06 and 2006/07, for a total refund by the County of $535.00; for a total refund by the Town of $694.00; and for a total refund by the South Orangetown Central School District of $6,973.00. Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 139 HEATON FITZGERALD SUBDIVISION PERFORMANCE BOND/K & K HISTORIC BUILDER/ACCEPT/RECEIVE/FILE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Subdivision Performance Bond in the sum of $48,780.00 from K&K Historic Builders Inc., as “Principal,” Consent to Assignment and Assignment of Certificate of Deposit Account No. 911974 held with Union State Bank, Orangeburg, NY, as “Issuer”, in favor of the Town of Orangetown, as “Obligee/Beneficiary”, in connection with a certain subdivision known as the “Heaton Fitzgerald Subdivision”, and which said Performance Bond is dated January 16, 2007 and said Assignment is dated January 10, 2007 is accepted, received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 140 ACCEPT MINUTES
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the January 22, 2007 Regular Town Board, Audit Meeting and Executive Session minutes are hereby accepted.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 141 DVIRKA/BARTILUCCI FINAL REPORT RECEIVE/FILE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Dvirka and Bartilucci’s Final Report regarding United Water New York Well Head Treatment Systems Review, dated January 2007, is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 142 RPC/$4,955,000 LAND ACQUISITION BOND ANTICIPATION NOTE-2007 NO. 4R-1/RECEIVED/FILED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the $4,955,000 Land Acquisition Bond Anticipation Note-2007 No. 4R-1, dated January 10, 2007 for 348 acres of land at RPC for general purposes is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 143 STEARNS & WHELER, LLC AGREEMENT AMENDMENTS 1-4 RECEIVED/FILED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Amendments 1 through 4 to the Agreement between the Town of Orangetown and Stearns & Wheler, LLC is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 144 AMEND RESOLUTION NO. 790/2006 PROPOSALS/TEE TIME SYSTEM VERMONT SYSTEMS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Resolution No. 790/2006 is hereby amended to read as follows:
RESOLVED, that the Request for Proposals for a computerized tee time system is hereby awarded to Vermont Systems in the amount of $54, 538.00 (increased from $45,833.50) to be charged to Account No. E7250002-50200 and ER725102-50200.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 145 AMEND TOWN CODE/SECTION 9-6 INCREASE/PENALTIES/DOGS SET PUBLIC HEARING DATE
Councilwoman Manning offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that a public hearing date of March 26, 2007, 8 p.m. is set to consider amending the Town Code for the Town of Orangetown, Section 9-6, to increase the penalties for violation of Article 9 (Dogs) of the Town Code.
Ayes: Councilpersons Manning, Morr, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 146 VERIZON CONTRACT/SET PUBLIC HEARING DATE
Under new business Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that a public hearing date of March 12, 2007, 8:05 p.m. is set for the purpose of consideration of the Verizon Cable Franchise .
Ayes: Councilpersons Troy, O’Donnell, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 147 AUDIT MEETING/SCHEDULED
Under new business Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that an Audit Meeting is scheduled for March 5, 2007.
Ayes: Councilpersons Troy, O’Donnell, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 148 ADJOURNMENT/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that this meeting hereby adjourned at 9:05 p.m. in memory of Eva Evans, Central Nyack and Membership Chair of the Nyack NAACP.
Ayes: Councilpersons Troy, Morr, O’Donnell, Manning
Supervisor Kleiner
Noes: None
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Charlotte Madigan, Town Clerk