Town OF ORANGETOWN
REGULAR TOWN BOARD & AUDIT MEETING
OCTOBER 27, 2003
The Regular Town Board Meeting was opened at 7:43 p.m. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Councilman Edward Fisher (Absent)
Also present: Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
Suzanne Barclay, Executive Asst. to Supvr.
James Riley, Town Attorney
Thomas O’Connell, Deputy Town Attorney
Teresa Kenny, Deputy Town Attorney
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Terrence Sullivan, Police Captain
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
John Giardiello, Director, OBZPAE
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.).
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The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk
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The Rockland Economic Development Corporation (REDC), gave a presentation showing how a current or prospective business owner can apply for building permits through the website (www.REDC.org) and Frontline Communications. This is a first in Rockland County. The Town looks forward to seeing new businesses coming to Orangetown with the help of this website. A second presentation the “Magnets of Life”, a Care Link program by the South Orangetown Ambulance Corp, which is a program to educate the community about the Emergency “911” system, the chain of survival in Orangetown, warning signs of stoke, brain attack and heart attack. This magnet, which contains pertinent personal/medical/emergency information about the client of patient is placed in the “Care Link” envelope and magnetized on the refrigerator. This information is crucial in any emergency, especially for seniors and those living alone.
Supervisor Kleiner announced that there would be a discussion of the Proposed Planned Adult Community Floating Zone on Monday, November 10th at 7:00 p.m., in preparation for the Public Hearing on November 17th at 8:00 p.m. Monday, November 3rd, there will be a Public Hearing on the “Preliminary 2004 Budget”.
A discussion took place about the Senior Housing Survey. Supervisor Kleiner requested everyone to review and share any input by the end of the evening because the survey will be mailed shortly.
On going contract negotiations with STEJ need to be discussed further however, progress is being made. Language in the contract needs to be agreed upon by the Town Board and STEJ.
Public Portion
Shelly Morgan, Tappan, questioned $50,000 from Piermont for the Collins property and wanted to know if the $11,000 of a past bill was paid to Orangetown.
Paul Prisco, Palisades, spoke fondly of Bob Beckerle and Jack Lyman. These two men could never say “no”. They were always volunteering and lending a helping hand.
Catharine Dodge, Chair for the “Friends of Orangetown Museum”, spoke fondly of Bob Beckerle; he related many stories regarding the history of Rockland County. Grants are needed to rebuild historic homes, such as the Sharples House, which is presently stored in her barn. Request permission from the Town Board to sell the Sharples house and use the proceeds to rebuild other historic houses in Orangetown such as the DePew and the Seth homes.
Elizabeth Werner, Pearl River, request the removal of the 4-hr limit parking regulation on Franklin Ave. She polled residents in the area and only 3 residents were in favor leaving the majority was in agreement against the restriction.
Paul Melone, Tappan, questioned how/who allow the demolition of the Van Wart house without a public hearing. The Town should be notified if any historical buildings are to be demolished.
Mary Cardenas, Town Historian, questioned the demolition of two old houses, one in the Historic Zone of Tappan and the other, and a famous landmark, Tony’s Lobster House, Sparkill. She recommends an amendment to the Zoning Code that carefully states the conditions of a building, which can be demolished, a notice in the newspaper as to the impending demolition to include a sentence to notification of interested parties or organizations.
John Giardiello, Director, OBZPAE, agrees with Mary Cardenas and recommended that when the applicant submits a building permit for a renovation, addition or alteration of a historic structure within a Historic District, the applicant also submits a pre-construction survey inspection report of the existing structure.
Gerry Walsh, Pearl River, spoke regarding shortage of sports playing fields within the Town.
Eileen Larkin, Palisades, spoke fondly of Bob Beckerle; agrees with Mary Cardenas; clear cutting is an environmental impact on the Sparkill Creek; STEJ’s project is an extreme change to the community and the contract with STEJ should be public.
RESOLUTION NO. 629 CLOSE PUBLIC PORTION
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public portion of this Town Board meeting is closed.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 630 SET DATE PUBLIC HEARING
ALUF PLASTICS WATERCOURSE
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the date of December 15, 2003, 8:00 p.m., is hereby set for a public hearing regarding ALUF Plastics Watercourse Diversion permit.
Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 631 APPROVE CERTIFICATE OF REGISTRATION (SEWER WORK)
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a Certificate of Registration (Sewer Work) for 2003 is hereby approved for Tappan Landscaping, Inc. and Peter Kiernan, d/b/a Roto-Rooter Services Company.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
RESOLUTION NO. 632 BOND RESOLUTION/ADOPTED
TRATAROS CONSTRUCTION, INC
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Bond Resolution of the Town of Orangetown, New York, appropriating $l,200,000 for settlement of the Stipulation of Settlement between the Town of Orangetown and Trataros Construction, Inc., and all other parties to the lawsuits known as Trataros Construction, Inc. v. Fellows, Read Associates, Inc., et al (Appellate Division – 2nd Department Docket #2003-05330/05331 and Rockland Supreme Court Index #3565/96) for extra costs and changed conditions incurred in the construction by Trataros Construction, Inc., general construction contractor, of the expansion of the Town’s sewage treatment plant during the early 1990s is hereby approved, a copy of the Extract of Minutes is labeled 10-H-03 and made a part of these minutes.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 633 WASTEWATER TREATMENT PLANT/NYS CLEAN WATER FUNDS/TRATAROS CONSTRUCTION, INC
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, the Town Board has determined that Trataros Construction is entitled to not less than $1,166,000 as additional revenue for construction of the Wastewater Treatment Plan; and
WHEREAS, the Town Board has determined that this project was financed in part by New York State Clean Water Funds, and there remains the approximate sum of $500,000, which is to be obtained from the State of New York with regard to such funds;
NOW, THEREFORE, the Town Supervisor is authorized and directed to take all necessary steps and to execute and deliver all appropriate documents to obtain payment of such amounts, in the approximate sum of $500,000, from the State of New York under the Clean Waters Fund Program or other related or appropriate sources and utilize such funds to amortize any existing indebtedness for the above amounts or to make direct payments as related to such Wastewater Treatment Plant, if necessary.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 634 APPROVE/COMPENSATION FOR EMPLOYEES ON CSEA EXCLUSION LIST – SCHEDULE A
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED that all employees with job titles that are specifically itemized on the CSEA Exclusion List, Exhibit 10-I-03, and made a part of these minutes, as well as members of Boards and Commissions, and employees receiving salary stipends should receive general salary increases of 3% for all of 2003 including retroactive pay and 3.25% in 2004.
Such employees will also receive other benefit and leave improvements as specified in the CSEA memorandum of agreement for 2003 through 2006, dated 10/17/03.
Resolution No. 634 – Continued
RESOLVED FURTHER that the only exception to the general salary increases is that for 2003 and 2004, non-police department heads whose salaries are in excess of $95,000 in 2003 shall receive salary increases of 3% of $95,000 in 2003 ($2,850) and 3.25% of $95,000 in 2004 ($3,088).
RESOLVED FURTHER that the Finance Office is authorized to transfer funds from contingency accounts for 2003 consistent with New York State law, and that a list of such transfers will be filed with the Town Clerk.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 635 APPOINT/HIGHWAY DEPT CLERK STENOGRAPHER
ELLEN GIANNETTA
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that provisional employee, Ellen Giannetta, is appointed to the position of Clerk Stenographer, in the Highway Department, permanent, from Eligible List number 03113 (OC), grade 4-1, annual salary of $27,790, effective October 28, 2003.
Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 636 ACCEPT MINUTES
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Special Town Board minutes of 10/7/03 and 10/8/03 are hereby accepted.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 637 RECEIVE/FILE LEASE AGREEMT CELLULAR TELEPHONE COMPANY, D/B/A AT & T WIRELESS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Lease Agreement between the Town of Orangetown and Cellular Telephone Company, d/b/a AT&T Wireless is received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
RESOLUTION NO. 638 ACCEPT/RECEIVE/FILE
PERFORMANCE BOND/GREEK ORTHODOX COMMUNITY
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, the Performance Bond from Greek Orthodox Community of Rockland County, Inc., as Principal, in favor of the Town of Orangetown, as Obligee in the amount of $28,500.00 and as collateral security to assure the Principal’s compliance with said Performance Bond, an Irrevocable Standby Letter of Credit #011/03, in the amount of $28,500.00 has been established in favor of the Town of Orangetown, as Beneficiary by Marathon National Bank of New York; the original of said Letter of Credit being in proper form and amount for filing, from a legal standpoint, is herewith delivered (69.07-1-9) is accepted, received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 639 RETAIN/APPRAISAL FIRM MCGRATH & COMPANY, INC CORPORATE & OLYMPIC DR ORANGEBURG/TAX CERT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney and Town Assessor, McGrath & Company, Inc., Bedford, New York, is hereby retained to prepare an income expense analyses for tax certiorari properties located on Corporate and Olympic Drive, Orangeburg, New York at a cost of $1,500 for the first property and $1,000 for each additional analysis
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 640 PERMISSION GRANTED
NYS PIN ADVISORY COMMITTEE POLICE DEPT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that permission is granted to two police officers to attend the NYS PIN Advisory Committee Meeting in Albany, NY on November 13-14, 2003 to be charged to Account No. B3120/0441/0480.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 641 ENTER AUDIT
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
Resolution No. 641 – Continued
RESOLVED, that this Town Board enters Audit Meeting at 10:20 p.m.
Ayes: Councilpersons Manning, Troy, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 642 PAY VOUCHERS
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for General Fund, Town Outside Villages, Blue Hill, Highway, Sewer, Capital Projects, and Risk Retention in the amount of $242,559.20.
Ayes: Councilpersons Manning, Troy, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 643 PAY MANUAL & ESCROW CHECKS
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay Manual Checks in the amount of $305.00 and escrow releases in the amount of $4,000.00, for a total amount of $4,305.00.
Ayes: Councilpersons Manning, Troy, O’Donnell
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 644 ENTER EXECUTIVE SESSION
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board enters executive session to discuss particular police litigation and other personnel matters at 10:27 p.m.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 645 RE-ENTER RTBM
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 645 – Continued
RESOLVED, that this Town Board re-entered the Regular Town Board meeting at 11:18 p.m.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher
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RESOLUTION NO. 646 ADJOURNMENT/MEMORY
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 11:18 p.m. in memory of Robert Beckerle, Pearl River, for his years of service to Orangetown and the Community.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Fisher