TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, FEBRUARY 14, 2005
The Regular Town Board Meeting was opened at 7:40 p.m. Supervisor Kleiner presided. The Supervisor called the Roll. Present were:
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Councilman Thomas A. Morr
Also present: Teresa Sebastian, Deputy Town Clerk
Eliot Tozer, Deputy Supervisor
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Suzanne Barclay, Executive Asst. to Supvr.
Charles Richardson, Director of Finance
Teresa M. Kenny, Town Attorney
John S. Edwards, First Deputy Town Attorney
James Dean, Superintendent of Highways
Stephan Munno, Highway Administrative Assistant
Mike Yannazzone, Highway Maintenance Supervisor III
Ron Delo, Dept. Environmental Mgt. & Eng.
Robert Simon, Receiver of Taxes
Kevin Nulty, Chief of Police
Mary McCloskey, Assessor’s Office
John Giardello, Director, OBZPAE
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The
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Pledge of Allegiance to the Flag was led by Supervisor Kleiner.
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The following Highway Awards were presented by James Dean, Superintendent of Highways:
Inspiration for Adopt-A-Spot – Eleanor Bertha, Inge Horn and Joyce Beisgen
Covent Rd, Blue Hill Rd, Sickletown Rd.
First Official Adopt-A-Spot – “Growing Together in Bloom”
Ethan Allen Court, Orangeburg
Adopt-A-Road – Blauvelt Lion’s Leos, Nat’l Broadcasting Society, St Thomas Aquinas College
Area around South Orangetown Middle School and Kings Hwy (Rt 303 – Hickey St.) Special Beautification Award – Beng Leong, Organic Recycling, Inc.
Rt 303 Drive In Marquee – Orangeburg
Summer School Summer Work Program – Staff Supervisors: Sy Samuels, Kyle Hassle, Shulton Whitley; Students: Steven Acosta, Stephen Albrecht, Mathew Brasen, Jennifer Delgado, Robert Gallego, Halexis Jones, Leo Levine, Richard Light, Max Miller, David Mintz, Richard Moraczewski, and Alex Weisberg.
Work Experience at the Highway Dept.
Highway Hero Award – Michael Catania
Helped with the trench-collapsed rescue on Lester Dr.
Highway Perfect Attendance – Mike Yannazzone and Christopher Feroldi.
Sr. Peggy Scarano of the CDBG Committee presented the following three applications for CDBG funding: South Rockland Interfaith Volunteer Caregivers, Inc., requested $23,836 for transportation to medical appointments, food shopping and errands; food shopping brought in for the homebound; friendly visits and telephone reassurance.
Dowling Housing Corp., requested $75,000 for a Standby Emergency Generator.
Venture Center, Sparkill, requested $250,000 for parking lot grading, paving, installation of required parking lot lighting, renovation of existing bathrooms, addition of a new bathroom, improvement of indoor lighting and installation of an automatic handicapped door.
Supervisor Kleiner announced that a Bidders Conference with developers interested in submitting proposals for the redevelopment of Rockland Psychiatric Center (RPC) will be held on Wednesday, February 16th at 10 a.m. STEJ has agreed to purchase the property at RPC and the Town has agreed to give them a six (6) month extension to close on the sale of the property.
Public Hearing
RESOLUTION NO. 124 LL AMENDING PLANNED ADULT COMMUNITY (PAC) ZONE/OPEN PH
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public hearing to consider a proposed Local Law amending the Planned Adult Community (PAC) zone, Chapter 43, Article 4.6 of the Town Code of the Town of Orangetown with respect to the number of apartment style units to be permitted with a single building, and reserving to the Town Board the right to review any proposed site development plan and/or proposed subdivision plat prior to the granting of preliminary approval of such plan and/or plat by the Town Planning Board is hereby opened.
Ayes: Councilpersons O’Donnell, Manning, Troy, Morr
Supervisor Kleiner
Noes: None
Teresa Sebastian, Deputy Town Clerk, presented the Affidavit of Publication and the Notice of Posting, copies are labeled Exhibit 2-A-05 and made a part of these minutes.
Supervisor Kleiner explained that the amendment would give the Town Board additional reviewing authority over senior housing plans before and after the Planning Board reviews them. The amendment would also allow the Planning Board to determine the number of units in a development.
The public portion was opened and the following residents spoke:
Andrew Wiley, Pearl River, feels the all the high destiny changes the character of the Town and is a stress on the Town’s infrastructure. Repair of the Town’s drainage/sewer system should be done before any further development.
Tom Cicarelli, Pearl River, against senior housing on Middletown Rd because of existing drainage problems.
Eileen Larkin, Palisades, asked for clarification of the amendment?
Mary McCloskey, Blauvelt, stated senior housing has been being planned for 7 years. She begged the Town Board to move forward.
Robert Dell, Tappan, agrees with the amendment and suggested better communication between the Town Board, Planning Board and developers.
A lengthy discussion took place between the Town Board and John S. Edwards, First Deputy Town Attorney, clarifying this amendment.
RESOLUTION NO. 125 LL AMENDING PLANNED ADULT COMMUNITY (PAC) ZONE/CLOSE PH
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
RESOLUTION NO. 126 LL AMENDING PLANNED ADULT COMMUNITY (PAC) ZONE/LEAD AGENCY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board is designated as Lead Agency for this amendment to the Planned Adult Community (PAC) Zone.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 127 SEQRA DECLARATION/ LL AMENDING PLANNED ADULT COMMUNITY (PAC) ZONE
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, a copy is labeled Exhibit 2-B-05 and made a part of these minutes.
Ayes: Councilpersons Troy, Morr, O’Donnell, Manning
Supervisor Kleiner
Noes: None
RESOLUTION NO. 128 ADOPTED/ LL AMENDING PLANNED ADULT COMMUNITY (PAC) ZONE
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that a proposed Local Law amending the Planned Adult Community (PAC) zone, Chapter 43, Article 4.6 of the Town Code of the Town of Orangetown with respect to the number of apartment style units to be permitted with a single building, and reserving to the Town Board the right to review any proposed site development plan and/or proposed subdivision plat prior to the granting of preliminary approval of such plan and/or plat by the Town Planning Board is hereby adopted.
Ayes: Councilpersons Troy, O’Donnell, Manning, Morr
Supervisor Kleiner
Noes: None
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Public Comment
Shelly Morgan, Tappan, spoke again regarding the $50,000 from Piermont for the Collins property.
Eileen Larkin, Palisades, asked where is the Palisades Trail-Way, if it is accessible for Emergency Vehicles and asked for the estimated cost to the budget? She asked for the dollar figure for the amendment to LMS contract for recreation fields at RPC.
Robert Dell, Tappan, questioned the wisdom of paving the trails and is against this paving.
Andrew Wiley, Pearl River, wishes for several market appraisals to done for any Town-Owned land being sold. He is against the fields being bonded and he spoke about the possibility of the Town grading the fields. He feels no work should be done on the fields, until we see if there is a referendum. He questioned a conflict of interest regarding Sr. Peggy Scarano?
Tom Healy, Pearl River, questioned the status of the Cherry Brook Drainage Improvements and the suggested the infrastructure repairs be bonded.
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RESOLUTION NO. 129 CLOSE PUBLIC COMMENT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Public comment portion is hereby closed.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 130 CAPITAL PROJECT ACCT CHERRY BOOK DRAINAGE
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a capital project account is hereby created for the Cherry Brook Drainage Improvements with an initial budget of $17,500 for planning, Account No. H5130022/50200.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 131 PLANNING BOARD CHAIRMAN/BRUCE BOND
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and on a roll call was adopted:
RESOLVED, that Bruce Bond is hereby re-appointed as Chairman of the Planning Board, term expiring December 31, 2005.
Ayes: Councilpersons Morr, O’Donnell, Troy
Supervisor Kleiner
Noes: Councilwoman Manning
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RESOLUTION NO. 132 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 forty-four (44), except items eleven (11) and twenty-seven (27), are hereby combined.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 133 CDBG APPLICATIONS ACCEPTED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board accepts the recommendations of the Town’s CDBG Committee for 2005 applications to be submitted to the County of Rockland Community Development Office for consideration and approval.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 134 LAND USE BOARD/PH DATE ATTENDANCE REQUIRM’TS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the date of March 2, 2005, 8:00 p.m. is set for a Public Hearing to establish a local law to set attendance requirements for land use board members.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 135 WILLIAM MOWERSON RE-APPOINT/ZBA
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that William Mowerson is hereby re-appointed to the ZBA for a five-year term, effective February 15, 2005 – December 31, 2009.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 136 STU WALVISCH/ACABOR RE-APPOINTED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Stu Walvisch is hereby re-appointed to ACABOR for a three-year term, effective February 15, 2005 – December 31, 2007.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 137 THANO SCHOPPEL/HABR RE-APPOINTED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Thano Schoppel is hereby re-appointed to HABR for a three-year term, effective February 15, 2005 – December 31, 2007.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 138 WILLIAM WALTHER/HABR RE-APPOINTED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 138 – Continued
RESOLVED, that William Walther is hereby re-appointed to HABR for a three-year term, effective February 15, 2005 – December 31, 2007.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 139 JOHN DUFFY/CHAIRMAN/ZBA RE-APPOINTED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that John Duffy is hereby re-appointed Chairman of the ZBA, term expiring December 31, 2005.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 140 FRANK FRANCABANDERA CHAIRMAN/ACABOR
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Frank Francabandera is hereby appointed Chairman of ACABOR, term expiring December 31, 2005.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 141 ED FITZPATRICK/2005 CABLE TV COMMITTEE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Ed Fitzpatrick is hereby appointed to the 2005 Cable TV Committee, term expiring December 31, 2005.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 142 FRANCINE OLDENBURGER 2005 CABLE TV COMMITTEE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Francine Oldenburger is hereby appointed to the 2005 Cable TV Committee, term expiring December 31, 2005.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 143 2005 SUBSTANCE ABUSE COMMITTEE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the following members are hereby appointed to the 2005 Substance Abuse Committee, term expiring December 31, 2005.
Jaye Glick Bonnie Hand Betsy Hastedt
Evelyn Itzkow Denise Zumpano
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 144 FRANK FORNARIO/BOARD OF ASSESSMENT REVIEW
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Frank Fornario is hereby re-appointed to the Board of Assessment Review for a five-year term, effective October 1, 2004 – September 30, 2009.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 145 PATRICK JOSEPH WRAFTER BROADACRES GOLF/RPC CONTRACT RENEWAL
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to sign a contract renewal for Patrick Joseph Wrafter for management of Broadacres Golf Course, March 1st – December 31, 2005 at the same monthly rate of $5,200.00.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 146 COUNTY OF ROCKLAND/CDBG COOPERATION AGREEMENT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to execute a cooperation agreement with the County of Rockland to renew participation in the Community Development Block Grant (CDBG) program and the HOME Investment Partnership program for the years 2006-2008.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 147 REFUNDING/SERIAL BONDS AUTHORIZATION
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 147 – Continued
RESOLVED, that the Refunding of certain outstanding serial bonds for the Town, stating the plan of refunding, appropriating an amount not to exceed $2,500,000 is hereby authorized. A copy of the Extract of Minutes is labeled Exhibit 2-C-05 and made a part of these minutes.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 148 PRINCETON EXCESS & SURPLUS INSURANCE/INSURANCE CONTRT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that an excess insurance contract for 2005 is hereby awarded to a consortium led by Princeton Excess and Surplus Insurance in the amount of $800,055 including New York State fees, to be charged to Account #MS172249/50457.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 149 GALLAHER BASSETT/CLAIMS ADMINSTRATION/INSURANCE CONTRACT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a claims administration contract for 2005 is hereby awarded to Gallagher Bassett in the amount of $78,412 to be charged to account #MS171049/50457.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 150 COUNTY OF ROCKLAND FIREARMS TRAINING FACILITY/REIMBURSEMENT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to sign an agreement with the County of Rockland to reimburse the County for the Town’s share of the development of a firearms training facility on the Tilcon property in the Town of Haverstraw for one-half of the face amount of the $570,000 bond, or a total sum of $285,000, at an estimated annual cost of $10,000 per year for five years from the Town of Orangetown to be charged to Account No. B3120/50441.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 151 C RICHARSON/ANN MAESTRI PERMISSION GRANTED/GFOA
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 151 – Continued
RESOLVED, that permission is granted to Charles Richardson and Ann Maestri to attend the New York State GFOA conference in Albany, NY, on April 6-7 at a cost of $900.00 to be charged to Acct. #1310/50441/50480.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 152 AMEND RESOLUTION NO. 59/2005
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Resolution No. 59 of 2005 regarding advertising for the bidding of windows for the DePew House is hereby amended by changing the date that bids are to be received from Feb 2, 2005 to Feb 16, 2005.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 153 2004 BUDGET TRANSFERS/APPROVED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the 2004 budget transfer as shown on Exhibit 2-D-05 are hereby approved.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 154 CAPITAL PROJECT ACCT RECREATION FIELDS/RPC
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that capital project accounts are hereby created for the Recreation Fields on Town Owned property at RPC, Account Nos. H7110742/50200 and H039800/43684.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 155 WEB SITE DESIGN/CONTRACT XONOS INC/APPROVED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the contract with Xonos Inc. for web site design at a cost of $7,500 to be charged to Account No. A16622/50457 is hereby approved.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 156 ANNUAL OPEN HOUSE HIGHWAY DEPT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Highway Department is hereby authorized to host their 9th Annual Open House on Saturday, May 14th, 2005 from 10:00 a.m. to 12:00 p.m. at the Highway Department facility.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 157 CORNELL COOPERATIVE EXT EDUCATION/EPA PHASE II STORMWATER REGULATIONS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the contract with Cornell Cooperative Extension for the Education and Outreach Program for the EPA Phase 2 Stormwater regulations, in the amount of $6,800, to be split among the following account numbers is hereby renewed.
Account Nos: A1440/50457, A5010/50457, B3620/50457
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 158 CLERK (PT)/PERSONNEL EILEEN FITZPATRICK ESTABLISHED/APPOINT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the position of Clerk (PT) in the Personnel Department is hereby established, and Eileen Fitzpatrick is hereby appointed to this position, effective February 15, 2005, 16 hours per week, at a rate of $15.00 per hour.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 159 CLERK (PT)/HIGHWAY DEPT HELEN WILSON ESTABLISHED/APPOINT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the position of Clerk (PT) in the Highway Department is hereby established, and Helen Wilson is hereby appointed to this position, effective February 15, 2005, 16 hours per week, at a rate of $15.00 per hour.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 160 CLERK (PT)/SUPERVISOR’S LINDA KINGSTON ESTABLISHED/APPOINT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the position of Clerk (PT) in the Supervisor’s Office is hereby established, and Linda Kingston is hereby appointed to this position, effective February 22, 2005, 16 hours per week, at a rate of $15.00 per hour.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 161 STREET LIGHTS/TOWNLINE RD SILVER BIRCH/ALLISON DRIVES/APPROVED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the installation of a street light to Pole No. 58900/39264 located on 2 Townline Road between Silver Birch and Allison Drives, and to Pole No. 58880/39267 at Townline and Silver Birch in Pearl River are hereby approved.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 162 ENGEL SUBDIVISION/HEGARTY HOMES/PERFORMANCE BOND TRACKING NO. 01-05-68.20.3.33
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon recommendation of the Town Attorney, Director of the Department of Environmental Management and Engineering and the Superintendent of Highways, Hegarty Homes, Inc. Performance Bond for the Engel Subdivision, Tracking No. 01-05-68.20.3.33, Section 68.20, Block 3, Lot 33, commonly known as 147 Grove Street, Pearl River (PB# 00-55, PB# 01-68, PB# 03-42, PB# 04-114), in the amount of $4,548.00, is hereby accepted, received and filed in the Town Clerk’s Office. A Bank Check from Edmund Lane, President of Hegarty Homes, Inc. collateralizes this Performance Bond, in the amount of $4,548.00, which has been forward to the Finance Office.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 163 NEW CINGULAR WIRELESS d/b/a AT&T WIRELESS/LEASE AGREEMENT/AMENDMENT
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the third Amendment to the New Cingular Wireless, PCS, LLC., d/b/a/ AT&T Wireless, Lease Agreement to permit an equipment upgrade consisting of the installation
Resolution No. 163 – Continued
of two (2) equipment cabinets at 26 Orangeburg Road, Orangeburg, NY, with a monthly increase
of $350.00, and thereafter, an annual rental increase of 4% for the remainder of the lease term is hereby approved.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 164 VEHICLE & TRAFFIC CHAPTER 39/SET PH DATE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the date of March 2, 2005, 8:10 p.m. is set for a Public Hearing to amend Local Law No.3, 1964 (Chapter 39 of the Code of the Town of Orangetown entitled “Vehicles and Traffic”) as follows:
Add a new subsection “68” to paragraph “A” of Section 39-6:
39-6. Prohibition of parking on designated highways.
- In the Hamlet of Pearl River:
(68) On the north side of East Washington Avenue, between North William Street and John Street
Add a new subsection “10” to paragraph “C” of Section 39-6:
39-6. Prohibition of parking on designated highways.
- In the Hamlet of Blauvelt:
(10) On the west side of North Moison Road, between Erie Street and a point 360 feet north of Erie Street.
Add a new subsection “K” to Section 39-7:
Time Limitation on parking
- The parking or standing of vehicles for a period of longer than two hours, between the hours of 7:00 a.m. and 3:00 p.m. on days that school is in session, on East Central Avenue, and on Sparrow Lane, in the hamlet of Pearl River, is hereby prohibited.
Add a new subsection “70” to paragraph “B” of Section 39-8: Stop Intersections
- In the Hamlet of Orangeburg
Greenbush Road and Highview Avenue for traffic proceeding north and south.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 165 CLOSING DOCUMENTS/LAND ACQUISITION BOND/R/F
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Closing Documents for the $6,645,000 Land Acquisition Bond Anticipation Note-2005, which closed in our offices on January 12, 2005 are received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 166 RAIL-TRAIL UPGRADES APPROVED
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, the New York State Department of Transportation proposes the construction of the Palisades Trail way and
WHEREAS, the New York State Department of Transportation will include as part of the Palisades Trail way project the paving and upgrading of the Joseph B. Clarke Rail-Trail between Oak Tree Road and South Greenbush Road in the Town of Orangetown and
WHEREAS, the State will include a paved surface along the Rail-Trail, a parking lot at Oak Tree Road, a bridge over Route 303, drainage improvements, signing, landscaping, bike racks, benches and retaining walls and
WHEREAS, the State will provide for the construction and installation of the above-mentioned work, as shown on the contract plans relating to the project.
NOW, THEREFORE,
BE IT RESOLVED that the Town of Orangetown will be responsible for any repairs, improvements or maintenance work to the Rail-Trail once constructed. This will include but is not limited to the paved surface of the rail-trail, the parking lot at Oak Tree Road, clear areas, drainage, signing, landscaping and appurtenances. The responsibility of the Town of Orangetown regarding the bridge over Route 303 and the ramps leading to the bridge over Route 303 will be limited to the wearing surface.
BE IT FURTHER RESOLVED that the clerk of this Town Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 167 LMS/RECREATION FIELDS/RPC
AMEND SCOPE OF SERVICES
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the scope of services of the LMS contract for recreational fields at Rockland Psychiatric Center (RPC) is hereby amended.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 168 ACCEPT MINUTES
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Regular Town Board Meeting, Audit Meeting minutes of January 24, 2005, Special Town Board Meeting minutes of February 7, 2005 and Executive Session minutes of February 7, 2005 are hereby accepted.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 169 REPAIR/REPLACEMENT SEWERS/STREET LATERALS/ADV BIDS
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Director of the Dept. Environmental Mgt. & Eng. is hereby authorized to advertise for sealed bids for the repair and replacement of sewers including street laterals on a time and materials basis with the bids stipulating hourly rates for labor, equipment and a markup on materials, and, Be It
RESOLVED FURTHER, that bids are to be received by 10:30 a.m., Wednesday, March 16, 2005, 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: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 170 ROCKLAND COUNTY SEWER DIST #1/SICKLES FARM SUBDIVISION
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Director of Environmental Management and Engineering, “Out of District” sewer service is to be provided by Rockland County Sewer District No. 1 (RCSD#1) for the “Sickles Farm Subdivision (69.08-1-2) since the Town has no sewer facilities in the area of said Subdivision and RCSD#1 has sewer facilities in the immediate vicinity thereof.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 171 LMS/CHERRY BROOK BASIN/ENGINEERING SERS
Under new business, Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to sign a contract with LMS for engineering services associated with a drainage study of the entire Cherry Brook basin in Pearl River, from the New Jersey state line to its upper most point north of the Wyeth plant site along Middletown Rd., not to exceed $34,000 and to be charged to Account No. H5130022/50200.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 172 STEJ, LLC/CLOSING DATE EXTENSION-SIX MONTHS
Under new business, Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, that STEJ, LLC has decided to exercise its option to purchase the real property, consisting of 16,878+ acres of vacant land, from the Town,
Resolution No. 172 – Continued
WHEREAS, STEJ, LLC has agreed to waive any and all contingencies relating to the purchase of the property as provided for in the two hundred (200) day option period,
WHEREAS, STEJ, LLC also agrees to pay the sum of $30,000 .00 to the Town of Orangetown in consideration of this extension. Payment of this sum shall be made on or before March 1, 2005,
WHEREAS, STEJ, LLC authorizes the release of the option fee in the amount of $125,000.00 to the Town of Orangetown,
RESOLVED, that the Town has agreed to extend the closing date for six (6) months from March 1, 2005 to August 31, 2005.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 173 ADJOURNMENT/MEMORY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this meeting hereby adjourned at 10:40 p.m. in memory of John Sullivan, Blauvelt.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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Teresa Sebastian, Deputy Town Clerk