Meeting Overview

 

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MARCH 11, 2002

The Regular Town Board Meeting was opened at 7:40 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:

Councilman Edward Fisher

Councilman Dennis O’Donnell

Councilman Denis Troy

Councilwoman Marie Manning

Also present:

Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

James K. Riley, Town Attorney

Thomas O’Connell, Deputy Town Attorney

Denise Sullivan, Deputy Town Attorney

Suzanne Barclay, Confidential Assistant to Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Kevin Nulty, Chief of Police

Robert Simon, Receiver of Taxes

Bert von Wurmb, Assistant Building Inspector, OBZPAE

Michael B. Bettman, Fire Safety Inspector, Fire Prevention Bureau

* * *

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

Supervisor Kleiner read the names of those Orangetown residents lost on September 11, 2001. A moment of silence was observed in their memory.

Police Officer John D’Allara

Sean Fegan

Captain Fred J. Ill, Jr.

Laura Pettus Longing

William Lum, Jr.

Firefighter Dennis P. McHugh

Firefighter Robert William McPadden

Firefighter Vincent Princiotta

Firefighter Kevin Reilly

Firefighter Michael Roberts

Battalion Chief Fred Scheffold, Jr.

Weibin Wang

James Wood

* * *

ANNOUNCEMENTS:

Supervisor Kleiner recognized the Pearl River School District as recipients of the Malcolm Balridge Award presented to them by President Bush.

The Route 9W Viaduct completion date is revised for the end of August.

Mrs. Lynch’s 3^rd grade came to support their classmate Claudia Dimuro, a student at Lincoln Avenue. Claudia read a letter concerning her suggestion for keeping the Theatre opened in Pearl River.

RPC Update, included the proposals for town houses and what impacts this would have on the Pearl River School District. The proposal included Town Houses and assisted living for seniors.

The public portion was opened and the following spoke:

Paul Malone, Tappan, spoke about importance of the ethics of members on the land use boards. In particular in reference to Section 1-5H concerning conflicts that should be addressed by persons serving on the board.

Ellen McCarty, Tappan, concerned about the capping on her stone wall. Believes the project should be finished properly.

Ted DeBarry, Tappan, questioned the ethical decisions made by the Ethics Board. Concerned the failure of Board members to disclose any possible financial conflicts of interest for the past two years as required by the Ethics Code. Did the new members meet these requirements? What constitutes conflict of interest?

Tim Finn, Blauvelt, Western Highway and Greenbush should be kept 2 way. No left turns by Military Housing .

Supervisor Kleiner advised that Holt Drive will be back on the agenda when a questionnaire sent by the OTPD is completed by residents.

Jeff Coopersmith, from the Board of Directors of the Henry Kaufmann Campgrounds, Inc. in Pearl River, spoke. He said that 100 acres make up the campgrounds and the Board of Directors needs to see how this is considered in the Comprhensive Plan. Would like all papers referring to this for his review and then would like to make recommendations to the Town Board regarding the impact of the grounds on the Town and the School District.

Supervisor Kleiner, The Rockland Municipal Planning Federation Dinner on March 18^th will address the Drought In Rockland County.

RESOLUTION NO. 147 COMBINE AGENDA ITEMS

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

RESOLVED, that agenda items one (1) through eight (8) are hereby combined as one.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 148 PR/CHAMBEROF/COMMERCE

EASTER/EGG

Councilman Troy offered the following resolution, which was seconded

by Councilwoman Manning and was unanimously adopted:

RESOLUTION NO. 148 (continued)

RESOLVED, that the request by the Pearl River Chamber of Commerce to

use 18 town barrels and 3 barricades for its annual Easter Egg Hunt on Sunday, March

24^th, 2002, is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 149 HIST. SOCIETY OF NYACKS/

JOHN EDWARD GREEN

HISTORIC SITE

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

RESOLVED, that this Town Board supports the efforts of the Historical Society of the Nyacks and strongly urges AT&T to donate the property at 29 Main Street to the Historical Society of the Nyacks to be part of the John Edward Green Historic Site.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 150 R/F CO-SPONSORED FUNDING

SO ORANGETOWN ELEM.

SCHOOL IPTA

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

RESOLVED, that the copy of the Co-Sponsored Funding Agreement between the Town of Orangetown and South Orangetown Elementary School IPTA after School Program for the year 2001, amount of $900.00, is hereby received and filed.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 151 ELECTION OF BAISLEY

BLAUVELT VOLUNTEER FIRE

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

RESOLVED, that the election of Christopher Baisley to the position of firefighter at the Blauvelt Volunteer Fire Co., Inc., is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 152 ESTABLISH 3 NEW POSITIONS

ENV. MGT. & ENGINEERING

Councilman Troy offered the following resolution, which was seconded

by Councilwoman Manning and was unanimously adopted:

RESOLVED, that three new Laborer positions, in Environmental

Management & Engineering Department, Grade 9, effective March 12, 2002, is hereby established.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 153 APPT. HOWARD/LABORER

POSITION/ENV.MGT.&ENG.

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

RESOLVED, that John Howard is hereby appointed to the position of Laborer, provisionally, in the Sewer Department, grade 9-1, at an annual salary of $35,929.00, effective March 12, 2002.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 154 APPT. OCONNELL/LABORER

POSITION/ENV.MGT.&ENG.

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

RESOLVED, that Kevin O’Connell is hereby appointed to the position of Laborer, provisionally, in the Sewer Department, grade 9-1, at an annual salary of $35,929.00, effective March 12, 2002.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 155 APPT. WINTERSTEIGER

LABORER POSITION/ENV.

MGT. & ENG.

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

RESOLVED, that John Wintersteiger is hereby appointed to the position of Laborer, provisionally, in the Sewer Department, grade 9-1, at an annual salary of $35,929.00, effective March 12, 2002.

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

Supervisor Kleiner

Noes: None

RESOLUTION NO. 156 TABLED/APPROVE AMEND-

MENT LEASE AGREEMENT

OMNIPOINT COMMU.

Councilman Troy made a motion to table the following resolution, which was seconded by Councilman O’Donnell and on a roll call failed to carry as follows:

Councilpersons Troy, aye; O’Donnell, aye; Councilpersons Fisher, no; Manning, no; Supervisor Kleiner, no.

RESOLVED, that this Board approves the amendment to lease agreement between the Town of Orangetown and Omnipoint Communications Inc., a wholly owned subsidiary of Voicestream Wireless, to permit Omnipoint Communications to add 6 (six) additional antennae’s to their existing tower located at the Town of Orangetown Sewer Department building at 127 Route 303 at an additional rental cost of $250.00 per month.

After further discussion, Councilman Fisher motioned to TABLE, seconded by Councilwoman Manning and on a roll call motion to TABLE carried as follows:

Ayes: Councilpersons Troy, Manning, O’Donnell

Supervisor Kleiner

Noes: Councilman Fisher

* * *

RESOLUTION NO. 157 AGREEMENT/RETAIN

CICCOTTO/CONSULTANT

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

RESOLVED, that the Supervisor is hereby authorized to execute and

deliver a retainer agreement with Peter Ciccotto, P.E., Bayside, NY as the Town’s

expert consultant, construction claims investigator and analyst to provide litigation and

trial support, and act as an expert witness to the Town including his testimony at trial

regarding litigation between Trataros Construction, Inc., as contractor, and the Town of

Orangetown as owner, concerning the Town’s wastewater treatment plant expansion

project, at an independent contractor compensation rate of $100.00 per hour, not to

exceed 250 hours.

Ayes; Councilman O’Donnell, Supervisor Kleiner, Councilpersons Fisher,

Manning, Troy

Noes: None

* * *

RESOLUTION NO. 158 SET DATE PH/AMEND LL3,1964

VEHICLES&TRAFFIC/INCORP.

POLICE REGULATIONS

Councilman Troy offered the following resolution, which was seconded

by Councilman Fisher and was unanimously adopted:

RESOLVED, that the date of April 8, 2002, 8:00 P.M., is set for a public hearing to consider amending Local Law No. 3, 1964 (Chapter 39 of the Code of the Town of Orangetown entitled “Vehicles and Traffic”), to incorporate the Police Regulations adopted by Resolutions of the Town Board in 1999 and 2000.

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

Supervisor Kleiner

Noes: None

RESOLUTION NO. 159 RESCIND RES. 127/02/SET DATEPH/AMENDLL6,1967/VEHICLES&TRAFFIC/SHOPPING PLAZAS

Councilman Troy offered the following resolution, which was seconded

by Councilman Fisher and was unanimously adopted:

RESOLVED, that Resolution No. 127/02 is hereby rescinded and the date of Monday, April 8, 2002, 8:00 P.M., is hereby set for a public hearing to consider amendingLocal Law No. 6, 1967 (Chapter 40 of the Code of the Town of Orangetown entitled“Vehicle and Traffic Regulations: Shopping Plazas”) related to the regulation of traffic and handicapped parking on private property.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO.160 SET DATE PH/AMEND LL3,1964

VEHICLES&TRAFFIC/FIRE

LANES

Councilman Troy offered the following resolution, which was seconded

by Councilman Fisher and was unanimously adopted:

RESOLVED, that the date of Monday, April 8, 2002, 8:00 P. M. is hereby

set for public hearing to consider amending Local Law No. 3, 1964 (Chapter 39 of the

Code of the Town of Orangetown entitled “Vehicles and Traffic”) which involves the

designation of fire lanes throughout the Town.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 161 RELEASE RFORMANCE

BOND/CONO RECYCLING

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

RESOLVED, that release of performance bond in the amount of $35,000 for Cono Recycling Corporation, Account #687 145 6893, for contract that expired on January 31, 2001, is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 162 R/F AMENDED RC STREAM

CONTROL ACT

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

RESOLUTION NO. 162 (continued)

RESOLVED, that the copy of amended Rockland County Stream Control Act is hereby received and filed.

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

Supervisor Kleiner

Noes None

* * *

RESOLUTION NO. 163 CERT. OF REG. (PLUMBERS

LICENSE) 2002

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

RESOLVED, that the Certificates of Registration (Plumbers’ License) 2002 for Tappan Landscaping, Inc., Tappan, NY, and Monsey Excavating, Inc., Monsey, NY, are hereby approved.

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

Supervisor Kleiner

Noes None

* * *

RESOLUTION NO. 164 AWARD BID/HEAVY DUTY

PLOW TRUCK /ACCESSORIES

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

Whereas the Town Clerk duly advertised for sealed bids for one new heavy duty plow truck with accessories, which were received and publicly opened on February 15, 2002, and

Whereas, these bids were referred to James Dean, Superintendent of Highways, for recommendation and report, a copy is labeled Exhibit 3-A-02, and made a part of these minutes, Now, Therefore, Be It.

RESOLVED, that the bid for the purchase of one new heavy duty plow truck with accessories to Deluxe International Trucks of Hackensack, NJ in the amount of $149,990.00, the lowest qualified bidder.

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

. Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 165 GREEN WASTE REMOVAL

PROGRAM/HIGHWAY DEPT.

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

RESOLVED, that the Highway Department’s Green Waste Removal Program, is hereby approved.

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

Supervisor Kleiner

Noes: None

RESOLUTION NO.166 ADJOURNMENT IN MEMORY

OF LAUREN K. BUONOCORE

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

RESOLVED, that this meeting adjourns at 9:03 P. M., in memory of Lauren K. Buonocore.

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

Supervisor Kleiner

Noes: None

____________________________________

CHARLOTTE MADIGAN, TOWN CLERK

RTBM 3-11-02 8