Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

APRIL 9, 2001

The Regular Town Board Meeting was opened at 7:15 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:

Councilman Edward Fisher (left meeting at 9:45 P.M.)

Councilman Dennis O’Donnell

Councilman Denis Troy

Absent: Councilman Bergman

Also present:

Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

Thomas O’Connell, Deputy Town Attorney

Brian Shortt, Confidential Assistant to Supervisor

Charles Richardson, Director of Finance

Mike Yannazzone, Highway Dept.

Robert Beckerle, Dir., Dept of Environmental Mgt. & Eng.

Kevin Nulty, Chief of Police

Terrence Sullivan, Police Captain

John McAndrew, Police Lieutenant

Robert Simon, Receiver of Taxes

Mary McCloskey, Assessor’s Office

Edward Cook, Building Dept.

Richard L. Rose, Jr., Supt., Parks-Rec & Bldg. Maint.

* * *

The Pledge of Allegiance to the Flag was led by the Town Board.

* * *

Supervisor Kleiner announced that the Community Development Block Grant County award of $125,000.00 was given to the Pearl River Hook & Ladder Company for handicapped access in the renovated firehouse.

He advised that the Comprehensive Plan Meeting with Saccardi & Schiff will be on Tuesday, April 17^th, and the third and final Route 303 Charrette will be held on Saturday, April 21^st.

Supervisor Kleiner read the press release issued by the Empire State Development Corporation saying that the Empire State Development Corporation and Heartland Acquisition Corporation have mutually terminated a purchase agreement for acquisition of 335 acres of surplus land at the Rockland Psychiatric Center. ESDC will continue to work with the Town of Orangetown and other local officials to remarket the property. There will be further discussion on this later.

Supervisor Kleiner presented Al Visalli with a Certificate of Recognition from Rockland Municipal Planning Federation, and a Certificate of Appreciation from the Town of Orangetown in appreciation of his 19 years of service to the Town on the Zoning Board of Appeals. Mr. Visali thanked the Board and regretted that he was stepping down at the age of 85.

* * *

Supervisor Kleiner invited anyone who wished to speak on items 10 through 16, and after the Rockland Psychiatric Center presentation they will go into the public portion.

* * *

Kevin Nulty, Chief of Police, introduced Police Captain Terrence Sullivan, and Police Lieutenant John McAndrew. He summarized the background of the two new officers, explaining how they would be an asset to Orangetown, the need for officers because of the promotion of two officers to Youth Officer/Detective to provide safe environment for school children. He said that the Town Board, recognizing the importance of these officers to our children, agreed to have two officers put into the schools.

* * *

RESOLUTION NO. 229 REASSIGN OFFICER NAWOICHYK/YOUTH OFFICER/DETECTIVE

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

RESOLVED, that the duties of Police Officer James Nawoichyk are hereby reassigned to include those of a Youth Officer/Detective at a salary of $88,808.00, effective April 10, 2001 (Police Department/Chief of Police).

Ayes: Councilmen Fisher, Troy, O’Donnell

Supervisor Kleiner

Noes: None

Police Chief Nulty noted Officer Nawoichyk’s excellent performance in the DARE program and his contributions to the Town of Orangetown.

Town Clerk Charlotte Madigan administered the oath of office to Officer Nawoichyk.

* * *

RESOLUTION NO. 230 REASSIGN OFFICER COSTELLO/YOUTH OFFICER/DETECTIVE

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

RESOLVED, that the duties of Police Officer Daniel Costello are hereby reassigned to include those of a Youth Officer/Detective at a salary of $88,033.00, effective April 10, 2001 (Police Department/Chief of Police).

Ayes: Councilmen Fisher, O’Donnell, Troy

Supervisor Kleiner

Noes: None

Police Chief Kevin Nulty introduced Danny Costello, gave his background, history of his duties as a Youth Officer in Youth Court and mentioned that his dad, who passed away ten years ago, was a Sergeant with the New York Police Department, and proud moment for the entire family.

Judge George Bergerman administered the oath office to Officer Costello.

* * *

Councilman Fisher stressed how lucky we are having these officers assigned to the schools.

Councilman O’Donnell offered congratulations, stressed safety of children, and hoped the Schools would contribute 50% to this.

Councilman Troy congratulated the officers, and need for this. Also mentioned that two days are being implemented today, and requests for five days will have to be worked out between the Police Department, the Town Board and the School Board.

Supervisor Kleiner echoed the words of the Town Board members. Important part of community policing, and fortunate to have Detectives Nawoichyk and Costello, and congratulated both.

* * *

RESOLUTION NO. 231 APPOINT/POLICE OFFICER STRATTNER

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

RESOLVED, that upon the recommendation of the Chief of Police, Christopher M. Strattner is hereby appointed to the position of Police Officer from the Rockland County Civil Service List # “Police Officer OC 961000”, pending certification from the Rockland County Department of personnel and completion of a satisfactory background investigation at a salary of $32,292.00, effective upon certification.

Ayes: Councilmen Fisher, Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 232 APPOINT/POLICE OFFICER GOLDFARB

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

RESOLVED, that upon the recommendation of the Chief of Police, Matthew Goldfarb is hereby appointed to the position of Police Officer from the Rockland County Civil Service List # “Police Officer OC 961000”, pending certification from the Rockland County Department of personnel and completion of a satisfactory background investigation at a salary of $32,292.00, effective upon certification.

Ayes: Councilmen Fisher, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 233 CHANGE/SR RECREATION LEADER/UPGRADE ALBERT

PARKS/RECREATION

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

RESOLVED, that the grade of Senior Recreation Leader in the Department of Parks & Recreation is hereby changed from a 12 to 15, and, Be It

RESOLVED FURTHER, that Senior Recreation Leader, Mark Albert, is hereby upgraded from grade 12(8) to grade 15(5), at an annual salary of $53,242.00, effective April 10, 2001.

Ayes: Councilmen O’Donnell, Troy, Fisher

Supervisor Kleiner

Noes: None

RESOLUTION NO. 234 ESTABLISH ADMINISTR

SECRETARY I

SUPERVISOR’S OFFICE

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

RESOLVED, that the position of Administrative Secretary 1 (reclassification of Principal Registry Clerk Typist) in the Supervisor’s Office

is hereby established.

Ayes: Councilmen Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 235 UPGRADE/MORRISON ADMIN SECRETARY I

SUPERVISOR’S OFFICE

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

RESOLVED, that Donna Morrison is hereby upgraded, provisionally, from Principal Clerk Typist to Administrative Secretary 1, grade 10(6-7) to 12(5) at an annual salary of $­­­46,159.00, effective April 10, 2001 (Rockland County Department of Personnel).

Ayes: Councilmen Troy, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 236 APPOINT/DEPUTY TOWN ATTORNEY/SULLIVAN

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

RESOLVED, that upon the recommendation of the Town Attorney, Denise Sullivan is hereby appointed to the position of Deputy Town Attorney at an annual salary of $30,595.00, effective April 10, 2001.

Ayes: Councilmen O’Donnell, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

At this time, the Town Board members recessed.

* * *

The Town Board resumed at 8:40 P.M. and Supervisor Kleiner reiterated the withdrawel of Heartland Associates, Inc. from purchase of Rockland Psychiatric Center land, and introduced Jan Degenshein.

Councilman O’Donnell feels New York State elected officials should take lead because New York State is responsible for problems in Rockland Psychiatric Center.

Councilman Troy re Empire State Development and New York State should help us, help mitigate Toxic waste which was put there by New York State. If private property DEC would be there but because its New York State owned this is ignored. He advised that the Summit, organized by County Legislator John Murphy and Councilman Troy, between County, State and Town Officials will be held on May 3, 2001.

Supervisor Kleiner, opportunity is a blessing and a curse in new ability to purchase property.

Councilman Fisher re he will never vote to put Town in debt, cannot do this alone, must have dollar support from New York State, but stressed this must be in an agreement that could be trusted.

Jan Degenshein gave history of citizen groups including all the buildings on site, which were found to have asbestos, some of which had asbestos sealed within the building. Mr. Degenshein indicated the private lands that would be given to the Town, 310 acres were first numbers but this was incorrect, 286 acres was actual land. He spoke on contaminated soil, etc. He presented copy of Degenshein’s Master Plan – Adaptive Re-Use, Rockland Psychiatric Center for Heartland Acquisition, Inc., dated April 9, 2001, copy is labeled Exhibit 4-A-01 and made a part of these minutes.

The Town Board held a discussion reiterating past history, unique problems for the Town, least of which is not New York State. Supervisor Kleiner stressed that the Town should be careful in dealing with New York State because, if we ask for money for remediation, all other twenty one (21) locations for sale will ask for same negotiations. Therefore, we may do so but should be careful how and when.

In answer to Supervisor Kleiner, Mr. Degenshein said that, in his opinion, he would like to see the buildings stay and re-used, but cited problems that could occur.

In answer to Councilman O’Donnell, he said there are sixty (60) to eighty four (84) buildings.

Supervisor Kleiner thanked Mr. Degenshein for his presentation, and said that New York State should be aware of Degenshein’s numbers which were shared with the public in an overview. Western site a possibility for pool. The Town Board re Town has control of zoning and we can purchase with others.

* * *

The public portion regarding the Regular Town Board meeting was opened and the following spoke:

Anthony Zacharakis, Tappan, re Pearl River Trunk Sewer line, Robert Beckerle, Director of Department of Environmental Management & Engineering, answered all questions, and retainer re electrician. He spoke on performance bonds and asked when will they be released?

Mrs. McCarthy, Tappan, spoke re wall and update on the builder, Mr. Herskowitz, completion of wall. A discussion took place between the Town Board and performance bonds and is this a protection of the Town against builder. What is the legal point of the performance Bond, and flooding on property.

At this time, 9:45 P.M., Councilman Fisher left, not feeling good.

Eileen Larkin, Palisades, spoke on Rockland Psychiatric Center property, State’s responsibility for contamination at Rockland Psychiatric Center property, in favor of purchase.

Mary Kuhner, Blauvelt, spoke, as a committee person on Route 303, re three scenarios, open space – hamlet center, 150 units and 250 units, concerned because of schools, town, etc are over stressed. Safety and esthetics were original Route 303 not to increase population by 650 people, which will change nature of Orangetown.

Supervisor Kleiner explained land use, with menu of choices which represents twenty years. West Shore rail might make housing appropriate to this area.

Robert Rahnefeld spoke on item #4, watercourse diversion permits.

* * *

RESOLUTION NO. 237 AGREEMENT/CABLEVISION

FAILED

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

RESOLVED, that the Supervisor is hereby authorized to sign an agreement with Cablevision, Inc., to allow the Town Board meetings of the Town of Orangetown to be telecast on government access channel 19. (Tentatively the meetings will be aired at 7:00 P.M. on the Tuesday following the Monday Board Meeting).

Ayes: Councilmen Troy, Supervisor Kleiner

Noes: Councilman O’Donnell

* * *

RESOLUTION NO. 238 COMBINE AGENDA ITEMS

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

Resolved, that agenda items two (2) through nine (9) are hereby combined as one.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 239 ADJUST/CONTRACT/LAWLER MATUSKY/NYACK TRUNK SEWER REHABILITATION

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

RESOLVED, that the professional services contract with Lawler, Matusky & Skelly for the Nyack Trunk Sewer rehabilitation project is hereby adjusted by $45,249.00, from $60,500.00 to $105,749.00, to be charged to account H8120802/50200.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 240 APPROVE/AID/PEARL RIVER HOOK & LADDER CO

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

RESOLVED, that aid to the Pearl River Hook & Ladder Ladies Auxiliary to provide handicapped accessible Port-o-Sans, for the Pearl River Springfest on May 6, 2001, to be charged to account A7550/50457, is hereby approved.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 241 RECEIVE/REFER WATERCOURSE DIVERSION SEEBACH ESTATES

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

RESOLVED, that watercourse diversion permit application for Seebach Estates, Sparkill, is hereby received and referred to the Department of Environmental Management and Engineering, the Highway Department and the Office of Building Zoning, Planning Administration and Enforcement for comments.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 242 APPROVE/FUNDING/NEW YORK PHILOMUSICA

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

RESOLVED, that funding in the amount of $2,500 to the New York Philomusica in support of the 16^th annual summer concert in Tappan Memorial Park, to be charged to account A7550/50457, is hereby approved.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 243 APPROVE/AID/BLAUVELT FIRE CO

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

RESOLVED, that aid to the Blauvelt Volunteer Fire Company to provide use of the Town of Orangetown Showmobile on June 2, 2001 for a fire department wetdown, upon the Blauvelt Fire Company providing adequate insurance with the Town

of Orangetown as additional insured, to be charged to account A7550/50011 or

(continued on page 8)

RESOLUTION NO. 243 (continued)

A7550/50457, is hereby approved.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 244 APPROVE/AID/SALVATORE MINICHINI LODGE

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

RESOLVED, that aid to the Salvatore Minichini O.S.I.A. Lodge 2706 is hereby approved as follows:

Four Port-o-Sans (two handicapped accessible)

Four Large Trash receptacles for animal waste

Thirty Garbage containers

Service for pick-up and clean up.

for Vidbel’s Olde Tyme Circus, to be held October 11-13, 2001, at the Central Ave field in Pearl River to be charged to account A7550/50457.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 245 ACCEPT MINUTES

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

RESOLVED, that the Regular Town Board and Audit minutes of March 26, 2001, Special Town Board minutes of March 19, and 26, 2001, and April 2, 2001 are hereby accepted.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 246 ACCEPT/LEGISLATIVE GRANTS

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

RESOLVED, that upon the recommendation of the Chief of Police, legislative grants #TM08408 in the amount of $2,500 and TM08210 in the amount of $5,000 for the purchase of three motor scooters are hereby accepted, and, Be It

RESOLVED FURTHER, that revenue account #B0338916 41184 is hereby increased by $7,500, and appropriation account B3120164 50472 legislative

(continued on page 9)

RESOLUTION NO. 246 (continued)

Grant – 8210/8408 is hereby charged.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

New Business:

Discussion on granting leave of Absence under the Family Leave Act for Paul Peterson, Department of Environmental Management & Engineering.

* * *

RESOLUTION NO. 247 LEAVE OF ABSENCE PETERSON/DEPT ENVIR MGT & ENG

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

RESOLVED that, upon the recommendation of the Director of Environmental Management and Engineering, a three (3) month leave of absence, without pay, for Paul Peterson, Department of Environmental Management & Engineering, is hereby approved.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 248 ADJOURNMENT

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

RESOLVED, that this meeting is hereby adjourned at 10:27 P.M.

.

Ayes: Councilmen Troy, O’Donnell

Supervisor Kleiner

Noes: None

* * *

______________________________________

CHARLOTTE MADIGAN, TOWN CLERK

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