Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

May 14, 2001

The Regular Town Board Meeting was opened at 8:00 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:

Councilman Robert Bergman

Councilman Edward Fisher

Councilman Dennis O’Donnell

Councilman Denis Troy

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

James Dean, Superintendent of Highways

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

Robert Simon, Receiver of Taxes

Mary McCloskey, Assessor’s Office

John Giardiello, Director, OBZPAE

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

* * *

The Pledge of Allegiance to the Flag was led by the Orangetown Police Honor Guard, which opened the ceremonies for the Police Officers’ award night.

Monsignor Belford gave the benediction. Michael Kopunek, P.B.A. President, welcomed all and thanked them for coming. Chief Kevin Nulty and Captain Terrence Sullivan presented the civilian and police awards. Joe D’Urso sang a song he composed in memory of his friend Erik Levine, a New York City Police Officer who was killed in action. Supervisor Thom Kleiner, Councilmen Bergman, Fisher, O’Donnell and Troy, and Town Clerk Charlotte Madigan thanked the officers and their families for their dedication to duty. They recognized their outstanding accomplishments and spoke of the dangerous plight of all police officers.

* * *

Dorothy Millett presented her painting of a Blauvelt Scene to the Town, which will hang in Town Hall. The Town Board thanked her for her gift.

* * *

Supervisor Kleiner read proclamations in recognition of Childrens’ Mental Health Week, and declaring May 20 to 26, 2001 National Public Works Week in the Town of Orangetown. He noted that on Tuesday, May 29, 2001 a proclamation will be read in recognition of the Sparkill Dominican Sisters 125^th anniversary.

* * *

Supervisor Kleiner opened the public hearing for comments on the Betsy Ross, and the following spoke:

Supervisor Kleiner explained why Richard Rose, Superintendent of Parks, Recreation & Building Maintenance presented this site for ball fields.

Councilman O’Donnell advised that fields would not be built on the Betsy Ross location.

Councilman Troy explained need for fields, increase in number of children playing sports, but Betsy Ross would not be one of the locations. He discussed Pearl River Middle School and need for Town Property to have an egress from their property, and perhaps we can deal with them and build a ball field.

Councilman Bergman recognized the people against building of fields and the importance of open space.

Councilman Fisher appreciated the support of the Board and will not be in support of the fields.

Marc Greenbaum, Orangeburg, opposed to building ball fields on Betsy Ross.

Mike Henry, Orangeburg, opposed to ball fields in this location.

Sal Guarnieri, Orangeburg, opposed.

Varghese Mathai, Orangeburg, opposed.

Michael Gardener, Orangeburg, opposed to fields in this area.

Eileen Larkin, Palisades, concerned about open space.

Marc Skopov, Orangeburg, opposed to fields in this location.

Paul Oddo, Orangeburg, opposed.

Joe Morgan, Orangeburg, opposed.

Dolores Valentine, Orangeburg, opposed.

Betsy Brenner, Orangeburg, opposed.

Mary McCloskey, Blauvelt, in favor of fields in this location, has fields in her backyard.

Jennifer Maloney, Orangeburg, opposed.

Jaan Vaher, Orangeburg, name the property as a forest.

Gail Raffaele, Tappan, in favor of fields, and vacant property behind her house available for fields.

Paul Prisco, Palisades, believes this was passive park, against fields in this area.

Fran Oldenburger, Blauvelt, stressed importance of open space in Orangeburg and Route 303.

Mary Kuhner, Blauvelt, against fields in Orangeburg, stressed importance of Route 303.

Bob Scalise, Orangeburg, against fields in this area.

Laura Delsavio, Orangeburg, against fields.

* * *

Supervisor Kleiner advised that the Comprehensive Plan meeting is On Tuesday, May 15, 2001 at 8:00 P.M., and the Route 303 Neighborhood meetings are on Wednesday, May 23, 3001 and Thursday, May 24, 2001 at 7:00 P.M. He noted the importance of the support of the community and their comments at these meetings.

Possibility of “7652” A memorializing resolution.

* * *

RESOLUTION NO. 297 MEMORIALIZING RESOL BETSY ROSS DRIVE/PASSIVE PARKLAND

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

RESOLVED, that the Orangetown Town Board resolves that it does not intend to take any action to transform the 12 vacant acres (73.16-2-41) adjoining Betsy Ross Drive from passive use to active recreational space.

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

Supervisor Kleiner

Noes: None

* * *

The regular public hearing continued and the following spoke:

Helen Murphy, Pearl River, in favor of continuing moratorium on Route 303.

Betsy Brenner, Orangeburg, Where is debris from demolition of buildings.

Dawn Finn, spoke on building code and open space.

Mr. Melone, re Sparkill Creek, laws protecting streams. Who issues permits and who enforces them? Wetland area of stream re Sparkill Creek and the Rockland County Drainage agency.

John Giardiello, Director of OBZPAE, in answer to Mr. Malone’s question re Sparkill Creek, if trees were to be cut down who gives approval, explained County – flood plain- local laws, answers vary per zoning.

Mrs. McCarthy, Tappan, spoke re completion of wall.

Gail Raffaele, Tappan, Town wide moratorium, foils, and agenda items.

The Town Board discussed agenda item #2, widening New York State Route 303.

Alexandra Buckall, Tappan, lives on creek, and is concerned about Sparkill Creek.

Rosi Dixon, Orangeburg, restore the creek as before Floyd, concerned about the Sparkill Creek believes permit is incorrect.

Supervisor Kleiner asked about the permit of the Rockland County drainage, County Executive is looking to purchase some property. Town will check with the County.

Anthony Zacharakis, Tappan, spoke on bonds, Route 303 and Moratorium and items that need to be addressed.

Eileen Larkin, Palisades Civic Association, re wells and quality of water, 125 years of Sparkill sisters serving the community, moratorium and Route 303.

Paul Prisco, Palisades, re open space and cost of gas.

* * *

RESOLUTION NO. 298 COMBINE AGENDA ITEMS

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

Resolved, that agenda items one (1) through twenty two (22) are hereby combined as one.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 299 SET DATE P/H EXTEND TEMPORARY MORATORIUM NYS ROUTE 303

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

RESOLVED, that Tuesday, May 29, 2001, 8:00 P.M., is hereby set for a public hearing to consider the adoption of a proposed local law amending Local Law No. 5, 2000 to extend the temporary moratorium (expiring May 31, 2001) to October 31, 2001, on the approval of zone changes, special and conditional use permits, site plan and subdivision approvals and use and area variances for properties abutting, adjoining, bordering or fronting upon New York State Route 303 in the Town of Orangetown (Town Attorney).

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 300 RECEIVE/RECORD/FILE DEDICATION/PAUL PLACE GEORGETOWN MANOR SUBDIV

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

RESOLVED, that Paul Place (Georgetown Manor Subdivision) Blauvelt, New York, Tax Map No. 70.09/3/2-(part of), is hereby accepted for dedication to the Town, and, Be It

RESOLVED FURTHER, that the deed, dated April 19, 2001, which has been approved by the Office of the Town Attorney, from Hermes Builders, Inc. for dedication of Paul Place is hereby received for recording and filing (Town Attorney & Supt. of Highways).

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

Supervisor Kleiner

Noes: None

* * *

PRESOLUTION NO. 301 ABOLISH

1. GROUNDSWORKER ESTABLISH GROUNDSWORKER/PARKS & REC

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

RESOLVED, that the position of Sr. Groundsworker in the Department of Parks & Recreation, effective May 15, 2001, is hereby abolished, and, Be It

RESOLVED FURTHER, that the position of Groundsworker in the Department of Parks & Recreation, effective May 15, 2001 is hereby established (Personnel, Parks & Rec.).

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 302 APPOINT/GROUNDSWORKER ALLEGRO/PARKS & REC

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

RESOLVED, that Frank A. Allegro is hereby appointed to the position of Groundsworker in the Department of Parks and Recreation, provisionally, Grade 9-1, at an annual salary of $34,714.00, effective May 15, 2001 (Personnel, Parks & Rec.).

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 303 RECEIVE/FILE/APPOINT MOWERSON/MACHINE CUSTODIAN

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

RESOLVED, that Rockland County Board of Elections April 20, 2001 notice of appointment of William Mowerson, Tappan, New York, as the Republican Party Machine Custodian for the year 2001 is hereby received and filed (Rockland Co. Boards of Elections).

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 304 ACCEPT MINUTES

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

(continued on page 6)

RESOLUTION NO. 304 (continued)

RESOLVED, that the Regular Town Board and Audit minutes of April 23, 2001, and Special Town Board minutes of April 23 and May 7, 2001 are hereby accepted (Town Clerk).

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 305 AWARD/CONTRACT BITUMINOUS CONCRETE HIGHWAY

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

Whereas, the Town Clerk duly advertised for sealed bids for Bituminous Concrete, which were received and publicly opened on December 20, 2000, and

Whereas, these bids were referred to the Superintendent of Highways for recommendation and report, a copy is labeled Exhibit 5-A-2001 and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that upon the recommendation of the Superintendent of Highways, the contract for Bituminous Concrete is hereby awarded to Tilcon New York, West Nyack, New York, and County Asphalt, Tarrytown, New York, the lowest qualified bidders, based on price and availability as follows:

Truing and Leveling 1/4″ Commercial Mix, AC-20 – per ton of mix

Town of Orangetown Top Mix, AC-20 – per ton of mix

and, Be it

RESOLVED FURTHER, that the purchase of all other Bituminous Concrete off of the Rockland County bid is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 306 AWARD/CONTRACT

CORRUGATED ALUMINIZED STEEL CULVERT PIPE/HWY

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

Whereas, the Town Clerk duly advertised for sealed bids for Corrugated Aluminized Steel Culvert Pipe, which were received and publicly opened on December 20, 2000, and

Whereas, these bids were referred to the Superintendent of Highways for recommendation and report, a copy is labeled Exhibit 5-B-2001 and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that upon the recommendation of the Superintendent of

(continued on page 7)

RESOLUTION NO. 306 (continued)

Highways, the contract for Corrugated Aluminized Steel Culvert Pipe is hereby awarded to Chemung Supply Corp, Elmira, New York, the lowest qualified bidder.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 307 AWARD/CONTRACT CORRUGATED ALUMINUM CULVERT PIPE & BOX CULVERT/HWY

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

Whereas, the Town Clerk duly advertised for sealed bids for Corrugated Aluminum Culvert Pipe and Box Culvert, which were received and publicly opened on December 20, 2000, and

Whereas, these bids were referred to the Superintendent of Highways for recommendation and report, a copy is labeled Exhibit 5-C-2001 and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that upon the recommendation of the Superintendent of Highways, the contract for Corrugated Aluminum Culvert Pipe and Box Culvert to is hereby awarded to Chemung Supply Corp, Elmira, New York, the lowest qualified bidder.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 308 AWARD/CONTRACT/POSTS & ALUMINUM BLANKS FOR SIGNS

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

Whereas, the Town Clerk duly advertised for sealed bids for Posts and Aluminum Blanks for signs, which were received and publicly opened on December 20, 2000, and

Whereas, these bids were referred to the Superintendent of Highways for recommendation and report, a copy is labeled Exhibit 5-D-2001 and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that upon the recommendation of the Superintendent of Highways, the contract for Posts and Aluminum Blanks for Signs is hereby awarded to Garden State Highway Products, Millville, New Jersey, the lowest qualified bidder.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 309 AWARD/TRAFFIC SIGNAL INSTALL/ W WASHINGTON AVE/PEARL RIVER

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

Whereas, the Town Clerk duly advertised for sealed bids for Traffic Signal Installation, West Washington Avenue, Pearl River, which were received and publicly opened on April 18, 2001, and

Whereas, these bids were referred to the Superintendent of Highways for recommendation and report, a copy is labeled Exhibit 5-E-2001 and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that upon the recommendation of the Superintendent of Highways, the contract for Traffic Signal Installation, West Washington Avenue, Pearl River, in the total amount of $85,000.00, is hereby awarded to Verde Electric Corp, Mount Vernon, New York, the only qualified bidder, to come from General Fund Surplus and charged to account A3310/50200 (Parks & Rec.).

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 310 APPROVE AID/PEARL RIVER ROTARY CLUB

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

RESOLVED, that aid to the Pearl River Rotary Club, to provide use of 2 port-o-sans and trash receptacles for the Rotary Soap Box Derby-Practice, May 27, 2001, in Pearl River, NY, to be charged to the celebrations account #A7550, is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 311 APPROVE AID/PEARL RIVER ROTARY CLUB

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

RESOLVED, that aid to the Pearl River Rotary Club, to provide use of

4 port-o-sans, barricades and trash receptacles for the Rotary Soap Box Derby, June 3, 2001, in Pearl River, NY, to be charged to the celebrations account #A7550, is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 312 APPROVE AID/PEARL RIVER HOOK & LADDER CO.

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

RESOLVED, that aid to the Pearl River Hook and Ladder Company

No. 1, provide use of the Town’s Showmobile for the Company’s Wetdown on June 16, 2001, upon the Hook and Ladder Company providing adequate insurance with the Town

of Orangetown as additional insured, to be charged to celebrations account #A7550, is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 313 APPROVE AID/BLAUVELT LIONS CLUB

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

RESOLVED, that aid to the Lions Club of Blauvelt for one bus to transport 40 children to Yankee Stadium on July 25, 2001 and one bus to transport 40 children to Shea Stadium on August 8, 2001, to be charged to account 7310/482, is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 314 APPROVE AID/PEARL RIVER PARK & ACTIVITY COMM.

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

RESOLVED, that aid to the Pearl River Park and Activity Committee for their annual Fourth of July Fireworks Display and Celebration on Wednesday, July 4, 2001 (rain date July 7) by providing a band, 3 yards of sand, barricades, 4 Port-o-Sans

(2 handicapped accessible), trash receptacles (clean-up and pick-up), and use of sound system and personnel to assemble same, to be charged to celebrations account #A7550, is hereby approved, and, Be It

RESOLVED FURTHER, that all permit fees are hereby waived.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 315 GRANT PERMISSION/POLICE

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

(continued on page 10)

RESOLUTION NO. 315 (continued)

RESOLVED, that permission is hereby granted to Sgt. Joseph Holahan to

attend the ASP Instructor Certification Course in Binghamton, New York from

May 21-24, 2001, for a total cost of $428.30 to be charged to accounts B3120/0441 and B3120/0480.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 316 APPROVE/AGREE/NOBLE NINTH/SUMMER DAY CAMP 2001

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

RESOLVED, that letter-extension agreement, dated May 1, 2001, between the Town of Orangetown and the Noble Ninth, Inc. for Town use of the German Masonic Campgrounds in Tappan as a summer day camp for 2001, commencing Monday, July 2, 2001 through Friday, August 10, 2001, under the same terms and conditions in agreement dated May 18, 1991 is hereby approved, and, Be It

RESOLVED FURTHER, that the Supervisor is hereby authorized to execute same.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 317 ADVERTISE/SEDIMENT REMOVAL/VETERANS MEMORIAL POND

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

RESOLVED, that the Town Clerk is hereby authorized to advertise for bids for the removal of sediment from the Veterans Memorial Park pond, as per FEMA project # 5150, and, Be It

RESOLVED FURTHER, that bids are to be received by 10:30 A.M., July 10, 2001, 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: Councilmen Bergman, Fisher, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 318 ADOPT-A-PARK AGREE ANOTHER STEP INC

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

RESOLVED, that an Adopt-a-Park agreement with Another Step, Inc. for Borst Park, Pearl River is hereby approved and, Be It

RESOLVED FURTHER, that the Supervisor is hereby authorized to execute same.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 319 APPROVE CERTIFICATES OF REGISTRATION/2001

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

RESOLVED, that Certificates of Registration (Plumbers’ License) for 2001 are hereby approved for the following:

Winter Brothers, Inc., Blauvelt, New York

Pipeline, Inc., Stony Point, New York

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 320 APPOINT/ACCOUNT CLERK TYPIST/ENVIR MGT & ENG DEPT

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

RESOLVED, that Laura Beasley is hereby appointed to the position of Account Clerk/Typist in the Department of Environmental Management and Engineering, provisionally, grade 4-1, at an annual salary of $26,850, effective May 15, 2001.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 321 RE-ENTER EXECUTIVE SESSION

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

RESOLVED, that the Town Board hereby re-enters executive session to discuss particular personnel matters.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 322 RE-ENTER REGULAR TOWN BOARD MEETING

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

RESOLVED, that the Town Board hereby re-enters the Regular Town Board meeting.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 323 APPROVED/EXTEND SICK LEAVE/MULROE

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

RESOLVED, that four (4) weeks extended sick leave at one-half pay, per Article VII, Section B of the CSEA Contract, commencing on May 15, 2001 for Joseph Mulroe, Department of Environmental Management & Engineering, is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 324 ADJOURNMENT

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

RESOLVED, that this meeting is hereby adjourned at 11:22 P.M.

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

Supervisor Kleiner

Noes: None

* * *

____________________________________­­­__

CHARLOTTE MADIGAN, TOWN CLERK

RTBM – 05/14/2001 Page 4