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Meeting - Town Board Meeting February 9, 2004 (View All)

Overview
Documents
Meeting Members
Date Name Group(s) Type Approved File
02/09/2004 Town Board Meeting February 9, 2004 Town BoardMinutes
02/09/2004 Town Board Meeting February 9, 2004 Exhibits Town BoardExhibits

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: 02/09/2004 7:30 PM
Group(s): Town Board
Location: Orangetown Town Hall
Documents Type File
Town Board Meeting February 9, 2004 Exhibits Exhibits
Town Board Meeting February 9, 2004 Minutes

DRAFT

DRAFT

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

FEBRUARY 9, 2004

 

 

The Regular Town Board Meeting was opened at 7:53 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

Suzanne Barclay, Executive Asst. to Supvr.

Teresa Kenny, Town Attorney’s Office

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Jaya Bhattacharyya, Dept. of Environmental Mgt. & Eng.

Kevin Nulty, Chief of Police

Robert Simon, Receiver of Taxes

Mary McCloskey, Assessor’s Office

Bert von Wurmb, Building Department

Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.

 

* * *

The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk.

 

* * *

Councilman Troy announced that the republican majority is choosing to make changes in the Town Attorney’s Office.  He said they would be appointing Teresa Kenny as the new Town Attorney.  Joining her will be John Edwards, as head Deputy Town Attorney.  They are re-appointing Lou Kayser and Dennis Michaels as Deputy Town Attorneys.  They will appoint Rob Magrino, Kevin Mulhearn and William Reddy as new Deputy Town Attorneys (effective March 1, 2004).

Supervisor Kleiner and Councilwoman Manning announced they would not be voting for the appointments of Town Attorney.  They felt it is not in the best interest of the Town, they said Riley and O’Connell have over 60 years of experience in Municipal Law, and have been an asset to the Town over the past 8 years.  They will be voting for the re-appointments of Lou Kayser and Dennis Michael but will not be voting for the new deputies.  They said they were part of the initial interview process but not part of the final deliberative process.  This is partisan government at its worst and not in the best interest of the Town.

 

* * *

RESOLUTION NO. 118                                                      APPOINT TOWN ATTORNEY

                                                                                                TERESA M. KENNY

 

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

 

RESOLVED, that Teresa M. Kenny is appointed to the position of Town Attorney, for a two-year term, effective Tuesday, February 10, 2004, with an annual salary of $46,550.00.

 

Ayes:               Councilpersons Troy, O’Donnell, Morr

Noes:               Councilwoman Manning, Supervisor Kleiner

 

* * *

 

RESOLUTION NO. 119                                                      APPOINT DEPUTY TOWN ATTORNEY/JOHN EDWARDS

 

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

 

Resolution No. 119 – Continued

 

RESOLVED, that John Edwards is appointed to the position of Deputy Town Attorney, to serve at the pleasure of the Board, effective Tuesday, February 10, 2004, with an annual salary of $46,550.00.

 

Ayes:               Councilpersons Troy, O’Donnell, Morr

Noes:               Councilwoman Manning, Supervisor Kleiner

 

* * *

RESOLUTION NO. 120                                                      RE-APPOINT DEPUTY TOWN ATTORNEY/LOUIS KAYSER

 

Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and on a roll call was adopted:

 

RESOLVED, that Louis E. Kayser is re-appointed to the position of Deputy Town Attorney, to serve at the pleasure of the Board, effective Monday, March 1, 2004.

 

Ayes:               Councilpersons O’Donnell, Morr, Troy, Manning

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 121                                                      RE-APPOINT DEPUTY TOWN ATTORNEY/DENNIS MICHAELS

 

Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and on a roll call was adopted:

 

RESOLVED, that Dennis D. Michaels is re-appointed to the position of Deputy Town Attorney, to serve at the pleasure of the Board, effective Monday, March 1, 2004.

 

Ayes:               Councilpersons O’Donnell, Morr, Troy, Manning

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 122                                                      APPOINT DEPUTY TOWN ATTORNEY/ROBERT MAGRINO

 

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

 

RESOLVED, that Robert V. Magrino is appointed to the position of Deputy Town Attorney, to serve at the pleasure of the Board, effective Monday, March 1, 2004.

 

Ayes:               Councilpersons Troy, Morr, O’Donnell

Noes:               Councilwoman Manning, Supervisor Kleiner

 

* * *

RESOLUTION NO. 123                                                      APPOINT DEPUTY TOWN ATTORNEY/KEVIN MULHEARN

 

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

 

RESOLVED, that Kevin T. Mulhearn, P.C. is appointed to the position of Deputy Town Attorney, to serve at the pleasure of the Board, effective Monday, March 1, 2004.

 

Ayes:               Councilpersons Troy, Morr, O’Donnell

Noes:               Councilwoman Manning, Supervisor Kleiner

 

 

* * *

 

RESOLUTION NO. 124                                                      APPOINT DEPUTY TOWN ATTORNEY/WILLIAM REDDY

 

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

 

RESOLVED, that William Reddy is appointed to the position of Deputy Town Attorney, to serve at the pleasure of the Board, effective Monday, March 1, 2004.

 

Ayes:               Councilpersons Troy, Morr, O’Donnell

Noes:               Councilwoman Manning, Supervisor Kleiner

 

* * *

 

The Town Board, individually, indicated their reasons for their aye or noe vote.  They also congratulated Teresa Kenny, John Edwards, Lou Kayser, Dennis Michaels, Robert Magrino, Kevin Mulhearn and William Reddy on their appointments.

 

* * *

 

Supervisor Kleiner gave an update regarding housing for the Volunteers at RPC.  The Town Board is working with the Orangetown Volunteer Emergency Services Coalition, the Rockland Housing Action Coalition and Columbia University Architects to move this project forward.

The Town Board accepted it first senior housing application, under the new PAC zone.

 

RTBM Public Portion

Jay Nakashima, Pearl River, questioned several issues regarding RPC: the traffic flow, upgrade of the roads on the grounds, cost to renovate or eliminate existing buildings and the power plant.

Michelle Worob, Pearl River Chamber of Commerce, informed the Town Board that the Chamber has set up a government liaison committee.  The committee’s first task is to address the parking problem.  Next meeting February 11th – 7p.m. at Madden’s.

Ellen McCarty, Tappan, is looking for an easier way for handicapped seniors to put their recyclables out to the road.

Tom Dinan, Pearl River, spoke regarding the master plan for RPC and who owns the Pearl River movie theater.  Thanked James Riley and Thomas O’Connell for their years of service.  They were a great team and will be missed by Orangetown.

 

* * *

RESOLUTION NO. 125                                                      CLOSE PUBLIC PORTION

 

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:               Councilpersons Troy, O’Donnell, Manning, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 126                                                OPEN/PH/LL/RECREATION ZONE (RPC-R)/RPC PROPERTY

 

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

 

RESOLVED, that the continuation of a public hearing to consider a proposed Local Law establishing a recreational zoning district (RPC-R) on portions of the Rockland Psychiatric Center lands owned by the Town of Orangetown and designated as Tax Lots: Sec. 73.12, Block 1, Lot 3; Sec. 73.12, Block 1, Lot 5.1; Sec. 73.12, Block 1, Lot 1; and Sec. 74.05, Block 1, Lot 1 is hereby opened.

 

Ayes:               Councilpersons O’Donnell, Morr, Troy, Manning

Supervisor Kleiner

Noes:               None

 

The Town Clerk presented proof of publication and posting, copies are labeled Exhibit 2-A-04, and made a part of these minutes.

 

Public Portion:

Donald Brenner, attorney, presented plans and answered questions from the Town Board regarding signage vs. land ratio, maximum building height and banning of certain recreation.

Sheila O’Donnell, Pearl River, hopes the Town Board will consider what businesses come to RPC so as not to compete with existing businesses in Pearl River.

Watson Morgan, Blauvelt, against building being 50’ rather than 35’ and large signage not necessary.

Fran Oldenburger, Blauvelt, hopes the Town Board is careful to not set a precedence regarding the zero feet side yard.

Ed O’Dea, Pearl River, new member of OPDAC, didn’t give permission for his name used in a letter published in “Our Town” newspaper.

Catherine Dodge, Orangeburg, apologized to Mr. O’Dea.

Tom Dinan, Pearl River, looking for RPC master plan.  He recommends the ice rink to be built underground, which would keep the ice cold and would ensure the building remain at 35’.

Mrs. Morris, Pearl River is against any “neon” signs.

Tom Quinlan, Pearl River, hopes to see this project move forward.

 

* * *

RESOLUTION NO. 127                                                CLOSE/PUBLIC PORTION OF PH LL/RECREATION ZONE (RPC-R)/RPC PROPERTY

 

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

 

RESOLVED, that this public portion of this hearing is hereby closed.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

 

RESOLUTION NO. 128                                                ADJOURN/PH/LL/RECREATION ZONE (RPC-R)/RPC PROPERTY

 

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

 

RESOLVED, that this public hearing to consider a proposed Local Law establishing a recreational zoning district (RPC-R) on portions of the Rockland Psychiatric Center lands owned by the Town of Orangetown and designated as Tax Lots: Sec. 73.12, Block 1, Lot 3; Sec. 73.12, Block 1, Lot 5.1; Sec. 73.12, Block 1, Lot 1; and Sec. 74.05, Block 1, Lot 1 is hereby adjourned to a date to be set by the Town Board in a workshop or Regular Town Board Meeting.

 

Ayes:               Councilpersons Manning, Troy, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 129                                                US MILITARY LEAVE/TOWN EMP WAR ON TERRORISM AND OPERATION IRAQI FREEDOM

 

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

 

WHEREAS, it is the intent of the Town Board of the Town of Orangetown that such employees shall essentially be made whole, and not penalized by the economic impact of their service to our nation and be it:

 

RESOLVED, that the Town of Orangetown establishes the following personnel policy for Town employees who are activated in connection with the War on Terrorism and Operation Iraqi Freedom and have duly submitted their U.S. Military activation documents to the Personnel Administrator or Director of Finance:

Resolution No. 129 – Continued

 

  1. The Town will pay full salary and benefits up to the first 60 days of U.S. Military activation (44 work days), and the employee(s) will also be allowed to collect his or her military pay as well;

 

  1. The employee(s) will be allowed to exhaust, or carry over till activation is complete all accrued time including but not limited to vacation, personal leave, sick leave, and timed earned after the 60 military day have expired;

 

  1. The employee(s) must submit his or her Leave and Earnings Statement (LES) to the Department of Finance for each pay period. The Department of Finance would then pay the balance, or difference, if there is one, to the individual, between the U. S. military pay and the regular Town pay.  If an LES is not received for an upcoming pay period, the department of Finance will pay according to the previous LES and make any necessary adjustments following the receipt of a new LES;

 

  1. It shall not be necessary for the Town to provide medical benefits to a single employee with no dependents while on active duty, because said employee(s) are covered by the military, however the Town will take necessary steps to avoid gaps in coverage;

 

  1. Employee dependents shall continue to be provided with Town paid medical benefits.

 

  1. That the Town will continue to contribute to a full-time employee(s)’ New York State Retirement System account for the duration of his or her military activation based on the employee(s) full time rate of pay;

 

  1. When an employee has completed his or her military service they shall present their DDF 214 form to the Finance Department;

 

And be it further

 

RESOLVED, that the Director of Finance and the Personnel Administrator and their respective departments, are hereby directed to undertake such administrative acts and tasks as are necessary and proper for carrying out the intention of this resolution for the duration of the employee(s) military activation.

 

Ayes:               Councilpersons Troy, O’Donnell, Manning, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 130                                                      COMBINE AGENDA ITEMS

 

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

 

RESOLVED, that agenda items nine (9) through twenty-four (24) are hereby combined.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 131                                                      AID/APPROVED/NYACK CHAMBER

                                                                                                SPRINGFEST/SEPTEMBERFEST

 

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

 

 

 

Resolution No. 131 – Continued

 

RESOLVED, that aid to the Chamber of Commerce of the Nyacks for the use of the Showmobile for the Springfest Street Fair on Sunday, April 25 and the Septemberfest Street Fair on Sunday, September 5, to be held in the municipal parking lot adjacent to the Helen Hayes Theatre Company with the Chamber providing a certificate of insurance to be charged to Acct. A7570/50457 is hereby approved.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 132                                                      AID/APPROVE/RC-AOH             ST PATRICK’S PARADE

 

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

 

RESOLVED, that aid to the Rockland County Ancient Order of the Hibernians (AOH) for their St. Patrick’s Day Parade on March 21 for the use of trash receptacles, barricades, fourteen (14) portable toilets and the Town Showmobile, a sound system and personnel for same and authorization to paint a green stripe on Central Avenue with the AOH providing a certificate

of insurance and paying the rental costs for 10 of the 14 portable toilets, to be charged to Acct. A7570/50457 is hereby approved.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 133                                                      PERMISSION GRANTED

                                                                                                JOHN GIARDIELLO/BLDG STORMWATER MANAGEMENT PROGRAM

 

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

 

RESOLVED, that permission is hereby granted to John Giardiello to attend the Syracuse University Stormwater Management Program in Fishkill, NY on March 30, 31st and June 16, 2004 at a cost of $645 to be charged to Account B/3620/0441.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 134                                                      APPROVE CERTIFICATE OF REGISTRATION/SEWER WORK

 

Councilman O’Donnell 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 Sewer Work for 2004 is approved for the following:

 

Sasso Plumbing

Ronald Filera Landscape Contractors, LLC

Phoenix Excavators

                                    Kevin Stokes Excavating, Inc.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 135                                                      2003 BUDGET ADJUSTMENTS

 

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

 

RESOLVED, that the 2003 Budget Adjustments listed in Exhibit 2-B-04, and made a part of these minutes are approved.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 136                                                      AUTHORIZE REIMBURSE REDC ON-LINE PERMITTING SYS

 

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

 

RESOLVED, that upon the recommendation of the Finance Director, reimbursement to the Rockland County Economic Development Corporation for $5,000 in staff costs for the development of an on-line permitting system to be charged to Account B3620/50457 is approved.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 137                                                      AUTHORIZE HIGHWAY DEPT OPEN HOUSE

 

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

 

RESOLVED, that the Highway Department  is authorized to host the 8th Annual Open House on Saturday, May 15, from 10:00 a.m. to 12:00 p.m. at the Highway Department Facility.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 138                                                      PERMISSION GRANTED

                                                                                                SUPERINTENDENT OF HWYS

                                                                                                VQUIP INC/BUFFALO NY

 

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

 

RESOLVED, that permission is hereby granted to the Superintendent of Highways to attend a one-day bulk waste equipment demonstration sponsored by Vquip Inc, in Buffalo, NY on February 11, at no cost to the Town.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 139                                                      PERMISSION GRANTED

                                                                                                POLICE DEPT/COLT ARMORS

 

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

 

Resolution No. 139 – Continued

 

RESOLVED, that permission is hereby granted to one police officer to attend the Colt Armors Course in New Brunswick, NJ on May 12-14, 2004 for a cost of $435.00 to be charged to Account B/3120/0441/0480.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 140                                                      PERMISSION GRANTED

                                                                                                POLICE DEPT/207C AND DISCIPLINARY ISSUES

 

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

 

RESOLVED, that permission is hereby granted to one police officer to attend the 207C and Disciplinary Personnel Issues course in Albany, NY on Tuesday, April 27, 2004 for a cost of  $175.00 to be charged to Account B/3120/0441/0480.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 141                                                      AWARD BID/CHEMICALS FERTILIZERS/PARKS DEPT

 

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

 

WHEREAS, the Superintendent of Parks, Rec. & Bldg. Maint. duly advertised for sealed bids for Blue Hill Golf Course, Broadacres Golf Course and the Parks Department, which were received and publicly opened on February 5, 2004, and

 

WHEREAS, these bids were referred to the Department of Parks, Recreation & Building Maintenance, for recommendation and report, a copy is labeled Exhibit 2-C-04, and made a part of these minutes, Now, Therefore, Be It

 

RESOLVED, that the bids for Chemicals & Fertilizers for Blue Hill Golf Course, Broadacres Golf Course and the Parks Department is hereby awarded to the lowest qualified bidders as follows:

 

Fert-L-Soil, Scotch Plains, NJ – Items 5 and 19, totaling $2,054.60

Lesco, Inc. Stormsville, OH – Items 1,9,10,12,14,17 and 20, totaling $24,851.44

UHS, N. Brunswick, NJ – Items 3,4,6,7,13 and 16, totaling $16,872.70

Metro Turf Specialists, New Paltz, NY – Items 8,11 and 21 totaling $11,005.00

Simplot Partners, Pine Bush, NY –  Items 2 and 18, totaling $15,647.50

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 142                                                      AWARD BID/TURF EQUIPMENT PARKS DEPT

 

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

 

WHEREAS, the Superintendent of Parks, Rec. & Bldg. Maint. duly advertised for sealed bids for Blue Hill Golf Course, Broadacres Golf Course and the Parks Department, which were received and publicly opened on February 5, 2004, and

 

Resolution No. 142 – Continued

 

WHEREAS, these bids were referred to the Department of Parks, Recreation & Building Maintenance, for recommendation and report, a copy is labeled Exhibit 2-C-04, and made a part of these minutes, Now, Therefore, Be It

 

RESOLVED, that the bid for turf equipment for Blue Hill Golf Course, Broadacres Golf Course and the Parks Department to Wilfred MacDonald, S. Brunswick, NJ, the sole qualified bidder, totaling $11,098.00.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 143                                                      RELEASE PERFORMANCE BOND EASTERN SUNSET SUBDIVISION

 

Councilman O’Donnell 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 all applicable Town Departments, the performance bond for Eastern Sunset Subdivision, Section 70.09, Block 2, Lots 49 through 52 is hereby released.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 144                                                      SETTLEMENT/TORT LAWSUIT

                                                                                                M BRITT/Z FOURNIER

 

Councilman O’Donnell 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 upon the report and recommendation of John J. McKenna, Esq. of Robert A. Peirce & Associates (Town of Orangetown’s outside legal counsel), the Town Supervisor and the Town Board of the Town of Orangetown authorize the settlement of the tort lawsuit brought by Michael Britt and Zachary Fournier against the Town of Orangetown, concerning an automobile accident, which occurred on December 28, 1997 on Kings Highway, Sparkill, New York, in the amount of $40,000.00 ($20,000.00 to Mr. Britt and $20,000.00 to Mr. Fournier) and payment for which is to be made therefore.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 145                                                      APPOINT/LABORER/DEME

                                                                                                JASON PIESCO

 

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

 

RESOLVED, that Jason Piesco is appointed to the position of laborer in the Department of Environmental Management and Engineering (transferred from the Highway Department), grade 9-9, annual salary of $49,227, effective February 2, 2004.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 146                                                      ACCEPT MINUTES

 

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

 

RESOLVED, that the Special Town Board/Police Commission minutes of January 20, 2004, January 22, 2004 and January 24, 2004 are hereby accepted.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 147                                                      ACCEPT PROPOSAL/RPC/LAWLER, MATUSKY & SKELLY/LITTLE LEAGUE FIELDS

 

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

 

RESOLVED, that the proposal from Lawler, Matusky and Skelly Engineers, LLP, dated January 30, 2004 for design and engineering services for the siting of Little League fields on town-owned land at Rockland Psychiatric Center in the amount of $54,000 is accepted.

 

Ayes:               Councilpersons O’Donnell, Troy, Manning, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 148                                                      ACCEPT PAC APPLICATION

                                                                                                TRI-BEE LTD

 

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

 

RESOLVED, that the application submitted by Tri Bee Ltd. for a zone change from R-15 to a Planned Adult Community (PAC) to build 11 units of adult housing on property designated as S/B/L 69.17-1-59 located on South Middletown Road in Pearl River is accepted.

 

Ayes:               Councilpersons O’Donnell, Troy, Manning, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 149                                                      ADJOURNMENT/MEMORY

 

Supervisor Kleiner offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that this meeting is hereby adjourned at 9:55 p.m. in memory of Andrew Norman, Palisades.

 

Ayes:               Supervisor Kleiner, Councilpersons Manning, Troy, O’Donnell, Morr

Noes:               None

 

 

 

 

 

 

_________________________________

Charlotte Madigan, Town Clerk

 

 

 

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