TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, MARCH 26, 2007
This Regular Town Board Meeting was opened at 7:30 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 Accetta-Pugh, Deputy Town Clerk
Eliot Tozer, Deputy Supervisor
Teresa Kenny, Town Attorney
William Reddy, Deputy Town Attorney
Suzanne Barclay, Exec Asst. to Supervisor
Charles Richardson, Director of Finance
Ann Maestri, Supervisor of Fiscal Services
James Dean, Superintendent of Highways
Ron Delo, Director of Dept. Environmental Mgt. & Eng.
Kevin Nulty, Chief of Police
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
Bert Von Wurmb, Building Inspector
The Pledge of Allegiance to the Flag was led by Supervisor Thom Kleiner.
RESOLUTION NO. 225 ENTER EXECUTIVE SESSION PERSONNEL MATTERS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board entered this Executive Session at 7:35 p.m. to discuss personnel matters.
Ayes: Councilpersons O’Donnell, Manning, Troy, Morr
Supervisor Kleiner
Noes: None
* * *
Resolution No.(s) 226 – 227 see Executive Session minutes.
Supervisor Kleiner spoke about a test program in the schools called Real Life, Real Talk (Sex Ed for Parents). This program is designed to help parents communicate better with teenagers. He said a letter went out to Sparkill residents inviting them to attend a meeting on Friday, March 30th regarding the Sparkill Zone Change proposed amendment. Also, a public information meeting regarding the proposed Kings Highway/Greenbush Road Enhancement project will be held April 11th, 7:30 p.m. at the Manse Barn in Tappan. Last week, OMM presented their plans for a club house and turf field. They spoke about their fundraising events and their Golf Outing at Blue Hill on May 23, 2007.
Public Comment (RTBM)
Eileen Larkin, Palisades, spoke about the sale of school-owned property, the impact on the local residents and open space.
Michael Mandel, Pearl River, is against ceremonies before a regular town board meeting. He believes more of the meeting should be aired on TV and a franchise fee is another expense to town residents.
Carol Silverstein, Orangeburg, still has concerns regarding the Blue Hill Golf Course.
Chris Brauer, Blauvelt, has concerns with appointments to the Blue Hill Golf Course Advisory Committee.
Francis Clement, Clarkstown, supports the hiring of Spanish speaking Police Officers.
Gail Raffaele, Tappan, suggested the Town teach some of the current police officers Spanish. She spoke regarding her FOIL requests for copies of the cablevision tapes and questioned the DEME appointments.
Andrew Wiley, Pearl River, has concerns with items not going out for competitive bid. He questioned the increase for the Mansion’s roof repair and the hiring procedure in DEME.
RESOLUTION NO. 228 CLOSED PUBLIC COMMENT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public comment portion of this meeting is hereby closed.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 229 OPEN PH/AMEND TOWN CODE SECTION 9-6/DOG VIOLATION FINES
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the public hearing to consider amending the Town Code, Section 9-6, to increase the penalties for violations of Article 9 (Dogs) is hereby opened.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
The Deputy Town Clerk presented the affidavit of publication and the notice of posting, copies are labeled Exhibit 3-K-07 and made a part of these minutes.
The public portion was opened and the following people spoke:
Bill Reddy, Deputy Town Attorney, explained the amendment would increase the fines and allow imprisonment. The amendment is to provide an incentive for dog owners to be responsible for their dogs.
Janice Thom, Pearl River, is in favor of this amendment. She has a neighbor with a pit bull that bites.
Ann Marie Uhl, Sparkill, is a dog owner and suggested leash law and clean-up signs be posted along the Rail Trail.
Eileen Gaffney O’Conner, Pearl River, is in favor. She too has a neighbor with a pit bull who attacks people.
Eileen Larkin, Palisades, questioned if a dog has to be leashed at all times even on the owner’s own property. She believes licensing should be pursued to control the population of unlicensed dogs.
Andrew Wiley, Pearl River, asked if there was a specific time period for multiple violations and if violations were per dog or per owner.
Gail Raffaele, Tappan, is a previous dog owner is in favor of an amendment. She believes the penalty should be greater and there should be laws for cats.
RESOLUTION NO. 230 CLOSE PH/AMEND TOWN CODE SECTION 9-6/DOG VIOLATION FINES
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 230 – Continued
RESOLVED, that the public hearing to consider amending the Town Code, Section 9-6, to increase the penalties for violations of Article 9 (Dogs) is hereby closed.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
RESOLUTION NO. 231 TB DECISION/AMEND TOWN CODE SECTION 9-6/DOG VIOLATION FINES
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board hereby adopts the proposed amendment to the Town Code, Section 9-6, increasing the penalties for violations of Article 9 (Dogs)
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 232 AID/NEW YORK PHILOMUSICA ANNUAL PARK CONCERT
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of the New York Philomusica for $2,500 for the 22nd Annual Park Concert on May 8 to be held in Tappan Memorial Park, to be charged to Account No. A7550/50011/50020/50457, is hereby approved.
Ayes: Councilpersons O’Donnell, Manning, Troy, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 233 AID/JCC-Y OF ROCKLAND/JEWISH FILM FESTIVAL
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of the JCC-Y of Rockland for $1,000 for the Jewish Film Festival, to be charged to Account No. A7320/50457, is hereby approved.
Ayes: Councilpersons O’Donnell, Manning, Troy, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 234 APPOINT/SHADE TREE COMMITTEE MARY VAIL
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Mary Vail is hereby appointed to the Shade Tree Committee.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 235 APPOINT/BLUE HILL GOLF COURSE ADVISORY COMMITTEE
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and on a roll call was adopted:
RESOLVED, that the following people are hereby appointed to the Blue Hill Golf Course Advisory Committee:
John Clifford Daniel Davis Dan Dinan
John Hickey Ann Marie Pettus Robert Ortman
Christopher Brauer Julia A. Regan Ed Shanley
Carol Silverstein Nicola Frustaci Lisa Grosbeck
Ayes: Councilpersons Troy, O’Donnell, Morr
Noes: Councilwoman Manning, Supervisor Kleiner
* * *
RESOLUTION NO. 236 APPOINT/ZONING BOARD OF APPEALS/JOHN DUFFY
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and on a roll call was adopted:
RESOLVED, that John Duffy is hereby appointed to the Zoning Board of Appeals, effective January 1, 2007 – December 31, 2011.
Ayes: Councilpersons O’Donnell, Manning, Morr, Supervisor Kleiner
Noes: Councilperson Troy
* * *
RESOLUTION NO. 237 APPOINT/PLANNING BOARD JEFF GOLDA
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that Jeff Golda is hereby appointed to the Planning Board, effective March 27, 2007 – December 31, 2013.
Ayes: Councilpersons Morr, Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 238 APPROVE/CERTIFICATE OF REGISTRATION/2007 SEWER WORK
Councilman Morr offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration for 2007 Sewer work is hereby approved for the following:
Environmental Construction, Inc., 21 Kay Fries Drive, Stony Point, NY
SHF Corporation, 23 Briarwood Drive, New City, NY
Victor P. Zugibe, Inc., 66 West Railroad Avenue, Garnerville, NY
Ayes: Councilpersons Morr, O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 239 APPROVE/MEMORANDUM OF UNDERSTANDING/PEARL RIVER VETERANS, LLC/BLUE HILL ROAD AND HUNT ROAD
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Memorandum of Understanding between the Town of Orangetown and Pearl River Veterans, LLC which describes the conveyance of Blue Hill Road West to Pearl River Veterans, LLC and property on Hunt Road to Rockland County in exchange for $420,000 and a building valued at $150,000 is hereby approved.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 240 AUTHORIZE/PERMITS/EASEMENT DOCUMENTS/WASTEWATER TREATMENT PLANT/DEME
Councilwoman Manning offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to sign licenses, permits and easement documents related to the sewer and wastewater treatment plant improvements.
Ayes: Councilpersons Manning, Morr, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 241 AUTHORIZE/CONTRACT/DVIRKA BARTILUCCI/PHASE 2 STORMWATER
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 with Dvirka and Bartilucci in the amount of $97,500 for work outlined in their proposal of March, 2007 to implement specific Phase 2 Stormwater requirements and evaluate the economics of the villages becoming part of a Town wide drainage district, to be reimbursed by a grant from NYS Department of Environmental Conservation.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 242 APPROVE/INTERMUNICIPAL AGREEMT/ROCKLAND COUNTY WASHINGTON/MAIN/TAPPAN
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that an Intermunicipal Agreement between the Town of Orangetown and the County of Rockland for the reconstruction of Washington and Main Streets in the hamlet of Tappan and the Town to contribute up to $501,500 towards the project depending on the construction award.
Ayes: Councilpersons Troy, O’Donnell, Manning, Morr
Supervisor Kleiner
Noes: None
RESOLUTION NO. 243 AWARD CONTRACT/J CONSTRUCTION NY/MANSION ROOF REPAIR/PARKS
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that a contract is hereby awarded to J Construction NY, Inc. for the emergency repair of the roof of the Mansion at Blue Hill Golf Course in the amount of $54,200, to be charged to Acct. #7250002.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 244 DEME/APPOINT/ASST OPERATOR GRADE 3 WASTEWATER (TRAINEE) JEFFREY CHAMBROVICH
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that employee, Jeffrey Chambrovich, is hereby appointed to the position of Assistant Operator, Grade 3 Wastewater (Trainee), pending approval from Rockland County Personnel, provisional, grade 14-19, annual salary $71,790, effective March 27, 2007.
Ayes: Councilpersons Manning, Troy, O’Donnell, Morr
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 245 DEME/ESTABLISH PAY GRADE 28 – SALARY SCHEDULE/CHIEF OPERATOR 4 WASTEWATER
Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that a pay grade of 28 and salary schedule is hereby established for the new position of Chief Operator Grade 4 Wastewater in the Department of Environmental Management & Engineering, effective immediately.
Ayes: Councilpersons Morr, Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 246 DEME/APPOINT/CHIEF OPERATOR 4 WASTEWATER/JOSEPH RUTKOWSKI
Councilman Morr offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that Joseph Rutkowski is hereby appointed to the position of Chief Operator Grade 4 Wastewater in the Department of Environmental Management & Engineering, grade 28-4, provisional, annual salary $110,062, effective March 27, 2007.
Ayes: Councilpersons Morr, O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 247 ACCEPT MINUTES
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the Regular Town Board Meeting and Audit Meeting minutes of March 12, 2007 and Executive Session minutes of March 19, 2007 are hereby accepted.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 248 BLYTHE ANDERSON/ARBOR HILL COVENANT/HOLD HARMLESS AGREEMT RECEIVE/FILE
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the original Covenant, Hold Harmless and Indemnification Agreement with Blythe Anderson (Arbor Hill, LLC) regarding a 10′ wide sanitary sewer easement held by the Town of Orangetown across property designated at Section 77.08, Block 4, Lot 18 at 680 Main Street, Sparkill, NY, is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Troy, Morr, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 249 LETTER/EXTEND/OPTION & LEASE AGREEMT/VERIZON/RECEIVE/FILE
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that an original letter notification received from Verizon where in Verizon exercises its option to extend the Option and Lease Agreement dated September 29, 1992 between Verizon and the Town of Orangetown for another (5) years from November 1, 2007 through October 31, 2012 is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Troy, Morr, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 250 INTERMUNICIPAL AGREEMENT VILLAGE OF UPPER NYACK/SEWER SERVICE/RECEIVE/FILE
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the original Intermunicipal Agreement for sewer service between the Town and the Village of Upper Nyack is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Troy, Morr, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 251 DEME/SEWER/BOND ANTICIPATION NOTES/$22,100,000/RECEIVE/FILE
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the $22,100,000 Bond Anticipation Notes for Sewer System Purposes, dated March 14, 2007 is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 252 DEME/ENERGY SAVINGS PROJECT SIEMENS BUILDING TECHNOLOGIES RECEIVE/FILE
Councilman Morr offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the fully executed Letter of Intent for developing an energy savings project for the Town of Orangetown by Siemens Building Technologies, Inc. is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Morr, O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 253 RPC/AUTHORIZE DECLARATION OF AGREEMENT/STEJ LLC
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and in accordance with the Option Contract of Sale executed on November 10, 2005 with respect to the sale of certain property from the Town of Orangetown, as seller, to STEJ, LLC, as purchaser, designated as Section 73.12, Block 1, Lot 3.2 on the official Tax Map of the Town of Orangetown, and in accordance with Final Site Plan Approval by the Town of Orangetown Planning Board pursuant to decision PB#05-43, the Supervisor is hereby authorized to execute a “Declaration of Agreement” as between STEJ, LLC and the Town of Orangetown with respect to the obligations of STEJ, LLC in the operation of a sports facility on the property, in the form annexed hereto, to be recorded in the Office of the Rockland County Clerk at the sole cost and expense of STEJ, LLC.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 254 APPOINT/BLUE HILL GOLF COURSE ADVISORY COMMITTEE/LESTER COHEN/DENIED
Under new business Supervisor Kleiner offered the following resolution, which was seconded by Councilwoman Manning and on a roll call was denied:
RESOLVED, that Lester Cohen be appointed to the Blue Hill Golf Course Advisory Committee is denied.
Ayes: Supervisor Kleiner
Noes: Councilpersons Manning, O’Donnell, Troy, Morr
RESOLUTION NO. 255 ADJOURNMENT/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this meeting hereby adjourned at 9:40 p.m. in memory of Assemblyman Kenneth P. Zebrowski, Suffern; Assemblyman Hezekiah Easter, Nyack; Louisa Renee Lent, Charlotte Madigan’s niece.
Ayes: Councilpersons Troy, O’Donnell, Manning, Morr
Supervisor Kleiner
Noes: None
____________________________________
Teresa Accetta-Pugh, Deputy Town Clerk