Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

APRIL 23, 2001

The Regular Town Board Meeting was opened at 7:59 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:

Councilman Robert Bergman

Councilman Edward Fisher

Councilman Dennis O’Donnell

Councilman Denis Troy (arrived at 8:20 P.M.)

Also present:

Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

Thomas O’Connell, Deputy Town Attorney

Brian Shortt, Confidential Assistant to Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Robert Beckerle, Dir., Dept of Environmental Mgt. & Eng.

Kevin Nulty, Chief of Police

Terrence Sullivan, Police Captain

Robert Simon, Receiver of Taxes

Mary McCloskey, Assessor’s Office

John Giardiello, Director, OBZPAE

* * *

The Pledge of Allegiance to the Flag was led by the Town Board.

* * *

Supervisor Kleiner noted that the next meeting on Route 303 is important because the moratorium expires on May 31, 2001.

Governor Pataki was in Pearl River to announce that the Pascack Valley Line Metro North would be adding sixty five (65) cars over the next fifteen (15) months, which will improve the quality of service for the Rockland commuter.

* * *

RESOLUTION NO. 261 OPEN P/H BONDING/PEARL RIVER TRUNK SEWER LINE

Councilman O’Donnell offered the following resolution, which was seconded by Councilman Bergman and was adopted:

RESOLVED, that the public hearing to consider proposed bonding in the amount of $888,000.00 for the replacement and/or construction of improvements to the Pearl River Trunk Sewer Line sewage collection and treatment system in the Town of Orangetown is hereby opened.

Ayes: Councilmen O’Donnell, Bergman, Fisher

Supervisor Kleiner

Noes: None

The Town Clerk presented proof of publication and posting, copies are labeled Exhibit

4-B-01 and made a part of these minutes.

* * *

The public portion was opened and the following spoke:

Robert Beckerle, Dir. Dept. of Environmental Mgt. & Eng., gave a summary of the project including costs. Then he answered questions from the public and the Town Board.

Carol Silverstein, Orangeburg, questioned impact of asbestos, and tax impact on the community.

Robert Beckerle, Dir. Dept. of Environmental Mgt. & Eng., and Councilman Bergman agreed that the cost would be minimized because of State and because it’s a twenty (20) year bond. Mr. Beckerle stressed that asbestos was not a problem.

Eileen Larkin, Palisades, resolution should include percentage of rates.

Denis Troy, Councilman, explained that day of bond indicates percentage of interest rate.

Charles Richardson, Director of Finance and Robert Bergman, Councilman, indicated that the State shares the cost which makes this as reasonable as possible, and would be spread over a period of twenty (20) years.

* * *

RESOLUTION NO. 262 CLOSE P/H BONDING/PEARL RIVER TRUNK SEWER LINE

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

RESOLVED, that this public hearing is hereby closed.

Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 263 T/B DEC BONDING/PEARL RIVER TRUNK SEWER LINE

ADOPTED

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:

RESOLVED, that the Bond Resolution appropriating $888,000.00 for the construction of improvements to the Pearl River Trunk Sewer Line sewage collection and treatment system in said Town is hereby approved, and, Be It

RESOLVED FURTHER, that the issuance of $888,000.00 serial bonds to finance said appropriation is hereby authorized, a copy of the Extract of Minutes is labeled Exhibit 4-C-01 and made a part of these minutes, and, Be It

RESOLVED FURTHER, that funding for the Pearl River Trunk Sewer Line will be provided by a twenty (20) year loan from New York State Environmental Facilities Corporation-Clean Watercourse diversion Revolving Loan Fund.

Ayes: Councilmen Fisher, Bergman, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

The public portion of the meeting was opened and the following spoke:

John Purcell addressed the Town Board regarding procedure of promotions to Sergeant. Neither he nor Moody was afforded an interview, which was common to consider promotions.

At this time, Supervisor Kleiner suggested they return to executive session to hear John address items, and if appropriate they will discuss in open forum of meeting.

* * *

RESOLUTION NO. 264 ENTER EXECUTIVE SESSION

Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that the Town Board hereby enters into executive session at 8:25 P.M. to discuss particular police personnel matter re John Purcell who was invited in to attend the meeting.

Ayes: Councilmen Fisher, O’Donnell, Bergman, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 265 RE-ENTER REGULAR TOWN BOARD MEETING

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:

RESOLVED, that the Town Board hereby reenters into the regular Town Board meeting at 9:50 P.M.

Ayes: Councilmen Fisher, Bergman, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

The public portion of the meeting resumed at 9:50 P.M. and the following spoke:

Supervisor Kleiner re item #21 and #22 is being removed from the agenda, will be on a work shop to review procedure, and then added to a future regular Town Board meeting.

Ruth Weber, Upper Grand View Association, spoke re foil, building applications, applicants and problems and read a letter regarding same.

Supervisor Kleiner re accusation by Mrs. Weber that he is prejudicial in dealing with the Upper Grandview Association, and he will not engage in discussion unless she apologizes.

Gail Raffaele, Tappan, re all Town Board members are unethical, made comments directed to Councilman O’Donnell and Councilman Troy re Journal News. She spoke on the modification of the contract for the Sewer Pipe Television Inspection, contract for Bus Transportation of Orangetown Summer Day Camp, retention of electrician for electric services in Pearl River revitalization district, and community group funding.

Paul Prisco, Palisades, spoke re contamination of Sparkill Creek and water, and he presented the Board with papers regarding same.

Eileen Larkin, Palisades, re Sparkill Creek, requested the Town speak with Northvale Mayor. She also spoke on retention of Orange & Rockland Utilities, and who is the electrician for Pearl River revitalization district.

Anthony Zacharakis, Tappan, discussed procedure of public portion.

Mrs. Jo Urban, President, Rockland Community College Seniors’ Club, requested support of the Town Board.

Supervisor Kleiner read Mr. Delo’s letter re Ramapo Water Shed.

* * *

RESOLUTION NO. 266 RECEIVE/FILE RESTRICTIVE COVENANT/BRENNAN

Councilman Bergman offered the following resolution, which was seconded by Councilman Fisher and was adopted:

RESOLVED, that certified copy of Declaration of Restrictive Covenant dated February 5, 2001, between James P. Brennan and Mary T. Brennan, Tax Map No. 74.20/1/64, 15 Julia Court, Tappan, New York, and recorded in the Rockland County Clerk’s office on February 5, 2001, is hereby received and filed.

Ayes: Councilmen Bergman, Fisher, Supervisor Kleiner

Abst.: Councilmen O’Donnell, Troy

Noes: None

* * *

RESOLUTION NO. 267 RECEIVE/FILE RESTRICTIVE COVENANT/MICELOTTA

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was adopted:

RESOLVED, that Declaration of Restrictive Covenant dated March 21^st, 2001, between Frank Micelotta and Rose Anna Micelotta, Tax Map No. 69.05/3/39,

203 Ehrhardt Road, Pearl River, New York, and recorded in the Rockland County Clerk’s office on March 21, 2001, is hereby received and filed.

Ayes: Councilmen Fisher, Bergman, Supervisor Kleiner

Abst.: Councilmen O’Donnell, Troy

Noes: None

* * *

RESOLUTION NO. 268 APPROVE SETTLEMENT/TAX CERT/CHROMALLOY

Councilman Fisher offered the following resolution, which was seconded by Councilman Troy 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, settlement of the tax certiorari of Chromalloy Gas Turbine, Tax Map No.

73.20-1-1, for the tax assessment years 1993, 1994, 1995, 1996, 1997, 1998, 1999 and 2000 is hereby approved as follows:

(continued on page 5)

RESOLUTION NO. 268 (continued)

Tax Years From To

1993 $9,100,200 $8,250,000

1994 9,100,200 8,134,500

1995 9,100,200 8,121,072

1996 9,100,200 8,128,762

1997 9,100,200 8,094,586

1998 9,100,200 8,142,432

1999 9,100,200 8,142,432

2000 9,100,200 7,800,000

for a total refund by the Town of $82,001.00 and a total refund by the School of $223,829.00. Interest on the Town and School’s Liability as a result of the decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served on the Town (Town Attorney & Assessor).

Ayes: Councilmen Fisher, Troy, Bergman, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 269 AGREE/CABLEVISION TELECAST/TOWN BOARD MEETINGS

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

RESOLVED, that the Supervisor is hereby authorized to sign an agreement with Cablevision, Inc., to allow the Town Board meetings of the Town of Orangetown to be telecast on Government access channel 19 (Tentatively the meetings will be aired at 7:00 P.M. on the Tuesday following the board meeting).

Ayes: Councilmen Fisher, Troy, Bergman, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 270 RECEIVE/FILE REPORT BLAUVELT LIBRARY

Councilman O’Donnell offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:

RESOLVED, that Blauvelt Free Library’s Annual Report for the year 2000 is hereby received and filed.

Ayes: Councilmen O’Donnell, Bergman, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 271 ACCEPT MINUTES

Councilman Bergman offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:

RESOLVED, that Special Town Board minutes, public hearings, of March 19, 2001, Regular Town Board and Audit minutes of April 9, 2001, and Special Town Board minutes of April 9^th and 16^th 2001 are hereby accepted.

Ayes: Councilmen Bergman, Fisher, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 272 MODIFY CONTRACT/SEWER PIPE TV INSPECTION AIR TEST

Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that the contract for Sewer Pipe Television Inspection Air Test & Sealing System is hereby modified to exercise option for Town’s purchase of Truck cab and chassis through the New York State Bid with International Truck and Engine Corporation, with no additional cost to the Town of Orangetown in the contract with Foster Equipment.

Ayes: Councilmen Fisher, O’Donnell, Bergman, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 273 ADOPT 2002 BUDGET TIMETABLE

Councilman Bergman offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:

WHEREAS, Article 8 of the Town Law of the State of New York provides for a budget system for a Town; and

WHEREAS, The Town Board is desirous of setting up a budget schedule as provided in Article 8 of the Town Law by the designation of various dates to further effect implementation of such budget; Now, Therefore, Be It

RESOLVED, that the following dates are hereby set as the official dates of the Town of Orangetown for the submission and adoption of the budget as required by law, to wit:

JULY 30, 2001: Last date for administrative unit heads to submit estimate of revenues and expenditures to Supervisor with the estimates submitted in such form and containing such information as the Supervisor shall prescribe;

AUGUST 10, 2001: Last day for each fire district, ambulance district and library district to submit an estimate of the revenues and expenditures;

BETWEEN AUGUST 10 AND SEPTEMBER 1, 2001 the Town Board shall endeavor to meet with department heads and amongst themselves to discuss and review the budget prior to the filing of the budget by the Supervisor;

(continued on page 7)

RESOLUTION NO. 273 (continued)

SEPTEMBER 24, 2001: Last day for Supervisor to file with the Town Clerk the tentative budget for the year 2002, the budget message, if any, and the estimates and schedules of the various administrative units;

SEPTEMBER 24, 2001: At a regular meeting of the Town Board at 8:00 P.M. at the Town Hall Orangeburg, New York, the Town Clerk shall distribute to the Town Board the 2002 Tentative Budget for the Town;

OCTOBER 22, 2001: Last day for the Town Board to complete review of Tentative Budget and file the Preliminary Budget with the Town Clerk;

OCTOBER 22, 2001: Town Clerk is directed to publish said Preliminary Budget and post a Notice of Public Hearing as required by law on said Preliminary Budget, which notice is to include the salaries of the Town Board and the Town Clerk;

OCTOBER 29, 2001: At 8:30 P.M. a public hearing on the Preliminary Budget shall be held at Town Hall, Orangeburg, New York. At the conclusion of the hearing, the Town Board shall by resolution adopt a final budget, either accepting or amending the Preliminary Budget and said budget shall become the legally adopted budget for the Town of Orangetown for the year commencing January 1, 2002.

Ayes: Councilmen Bergman, Fisher, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 274 COMBINE AGENDA ITEMS

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

Resolved, that agenda items ten (10) through fourteen (14) are hereby combined as one.

Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 275 GRANT PERMISSION/TAX RECEIVER

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

RESOLVED, that permission is hereby granted to Robert Simon, Receiver of Taxes, to attend the Training Seminar for tax Collecting Officers in Lake Placid, New York, June 10 – June 13, 2001, at a total cost of $563.00 to be charged to accounts A/1330/0441 and A/1330/0480.

Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 276 ADVERTISE/DEMOLITION HOUSE/CONSTRUCTION PARKING LOT/CORTWOOD SENIOR HOUSING

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

RESOLVED, that the Town Clerk is hereby authorized to advertise for sealed bids for the demolition of a house and construction of a parking lot and lighting at Courtwood Senior Housing, and, Be It

RESOLVED FURTHER, that bids are to be received by 10:30 A.M., May 17, 2001, and be publicly opened and read aloud at 11:00 A.M., and, Be It

RESOLVED FURTHER, that a report of all bids received and recommendation concerning the award is to be made at a regular Town Board Meeting.

Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 277 GRANT PERMISSION/SUPT PARKS & RECREATION

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

RESOLVED, that permission is hereby granted to Richard Rose, Superintendent of Parks, Recreation & Bldg. Maint. to attend the Playground Safety Inspector course in Westchester County, NY from May 16-18, 2001, at a total cost of $400.00 to be charged to account A7110/50441.

Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 278 ADVERTISE/CULVERT JOSEPH B. CLARKE RAIL-TRAIL

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

RESOLVED, that the Town Clerk is hereby authorized to advertise for bids for a culvert on the Joseph B. Clarke Rail-Trail, and, Be It

RESOLVED FURTHER, that bids are re be received by 10:30 A.M., ­­May 23, 2001, and be publicly opened and read aloud at 11:00 A.M., and, Be It

RESOLVED FURTHER, that a report of all bids received and recommendation concerning the award is to be made at a regular Town Board Meeting.

Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 279 AWARD CONTRACT/BUS TRANSPORTATION/SUMMER DAY CAMP

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

Whereas, the Town Clerk duly advertised for sealed bids for Bus Transportation for the Orangetown Summer Day Camp Program, which were received and publicly opened on April 19, 2001, and

Whereas, these bids were referred to the Superintendent of Parks & Recreation for recommendation and report, a copy is labeled Exhibit 4-D-01and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that the contract for Bus Transportation for the Orangetown Summer Day Camp Program, is hereby awarded to Rinaldi Transportation Co., Inc., Closter, New Jersey, the only qualified bidder as follows:

• Providing All-Day Bus Transportation, July 2^nd – August 10, 2001, at cost of $209.00 per bus.
• Provide Morning and Afternoon Bus service at the Day Camp (1-2 Buses) at cost of $147.00 per bus.

Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 280 APPROVE/RETENTION ORANGE & ROCKLAND PEARL RIVER REVITALIZATION

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:

RESOLVED, that retention of Orange & Rockland Utilities at cost of $75,800.00 to relocate electric wiring in Pearl River revitalization district is hereby approved, with revenue to come from General Fund surplus, and expenses to be charged to account A/8989.

Ayes: Councilmen Fisher, Bergman, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 281 COMBINE AGENDA ITEMS

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

Resolved, that agenda items seventeen (17), eighteen (18) and twenty (20) are hereby combined as one.

Ayes: Councilmen Bergman, O’Donnell, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 282 GRANT PERMISSION/POLICE

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that permission is hereby granted to Det. James Nawoichyk and Det. Daniel Costello to attend the Police Juvenile Officers Course in Poughkeepsie, New York, May 7 – 11, at a total cost of $105.00 to be charged to account B3120/0441 and B3120/0480.

Ayes: Councilmen Bergman, O’Donnell, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 283 GRANT PERMISSION/POLICE

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that permission is hereby granted to Police Officer John Purcell to attend the Middle School D.A.R.E. Seminar in Albany, New York, April 30 – May 4, at a total cost of $225.00 to be charged to account B3120/0441 and B3120/0480.

Ayes: Councilmen Bergman, O’Donnell, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 284 APPROVE FUNDING/PROJECT GRADUATION

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that funding for Project Graduation, to be charged to account A4211/457, is hereby approved as follows:

Tappan Zee High School $2,500

Pearl River High School $2,500

Nyack High School $1,250

Ayes: Councilmen Bergman, O’Donnell, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 285 REDUCE/FUNDING/RCC SENIOR CITIZENS CLUB FAILED

Councilman O’Donnell offered the following resolution, which was seconded by Councilman Bergman and on roll call failed:

RESOLVED, that funding for Rockland Community College Senior Citizens’ Club is hereby reduced from $1,800.00 to $1,000.00.

Ayes: Councilmen O’Donnell, Bergman

Noes: Councilmen Fisher, Troy, Supervisor Kleiner

* * *

RESOLUTION NO. 286 FUNDING/RCC SENIOR CITIZENS CLUB/FAILED

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and on roll call failed:

RESOLVED, that funding for Rockland Community College Senior Citizens’ Club hereby remains at $1,800.00.

Ayes: Councilmen Fisher, Supervisor Kleiner

Noes: Councilmen Bergman, O’Donnell, Troy

* * *

RESOLUTION NO. 287 REDUCE/FUNDING RCC SENIOR CITIZENS CLUB/ADOPTED

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and on roll call was adopted:

RESOLVED, that funding for Rockland Community College Senior Citizens’ Club is hereby reduced from $1,800.00 to $1,000.00.

Ayes: Councilmen Fisher, Bergman, O’Donnell

Supervisor Kleiner

Noes: Councilman Troy

* * *

RESOLUTION NO. 288 FUNDING WORLDFEST FAILED

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and on roll call failed:

RESOLVED, that funding for Worldfest hereby remains at $800.00.

Ayes: Councilmen Fisher, Supervisor Kleiner

Noes: Councilmen Bergman, O’Donnell, Troy

* * *

RESOLUTION NO. 289 COMMUNITY GROUP FUNDING/APPROVED

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that Community Group funding, to be charged to account A6989, is hereby approved as follows:

Big Brothers/Big Sisters $ 800.00

Foster Grandparents $1,200.00

Retired and Senior Volunteer Program (RSVP) $ 800.00

Rockland Community College Senior Citizens’ Club $1,000.00

Rockland Family Shelter. $2,700.00

Volunteer Counseling Services $ 800.00

Rockland County Historical Society $ 800.00

Ayes: Councilmen Bergman, O’Donnell, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 290 ADJOURNMENT/MEMORY

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:

RESOLVED, that this meeting is hereby adjourned at 10:10 P.M. in memory of Tim Finn, Orangeburg, New York, and Mary Mahoney, Pearl River, New York.

Ayes: Councilmen Fisher, Bergman, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

______________________________________

CHARLOTTE MADIGAN, TOWN CLERK

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