Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

JUNE 11, 2001

The Regular Town Board Meeting was opened at 7:43 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:

Councilman Robert Bergman

Councilman Edward Fisher

Councilman Denis Troy

Councilman Dennis O’Donnell was absent.

Also present:

Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

James K. Riley, Town Attorney

Thomas O’Connell, Deputy Town Attorney

Brian Shortt, Confidential Assistant to Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Bruce Peters, Dept. of Environmental Mgt. & Eng.

Kevin Nulty, Chief of Police

Terrence Sullivan, Police Captain

John Giardiello, Director OBZPAE

Barbara Feld, Computer Opr. Mgr. Account Supervisor

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

* * *

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

* * *

Jack Lukens, husband of Kathleen, presented copies of Kathleen Lukens’ Compassion’s Lure to the Town Board. He spoke of Kathleen’s dedication to the handicapped and her endearing spirit committed to social reform. The third annual golf outing for Camp Venture will be Monday, July 30^th, at Spook Rock.

* * *

Auditors Bennett Kielson, et. al gave a preliminary financial report and a review of the Town of Orangetown’s financial status. The Town Board discussed the bonds, and the year in which they would be paid.

* * *

Supervisor Kleiner advised that Thursday, June 14^th is the Route 303 Citizens Advisory Committee Meeting.

* * *

RESOLUTION NO. 369 OPEN/PH PROPOSED LL AMEND LL 4/69 CH 43/TABLE OF GENERAL USE REGS

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

(continued on page 2)

RESOLUTION NO. 369 (continued)

RESOLVED, that the public hearing to consider adoption of a proposed Local Law amending Local Law No. 4, 1969 (Ch. 43 of the Code of the Town of

Orangetown entitled “Zoning”) Section 3.11, Table of General Use Regulations, LO Zoning District, Column 5, General Accessory Uses, Number 4, is hereby opened (Town Attorney).

Ayes: Councilmen Fisher, Bergman, Troy

Supervisor Kleiner

Noes: None

The Town Clerk presented proof of publication and posting, copies are labeled Exhibit

6-A-01 and made a part of these minutes.

The public portion was opened and the following spoke:

Donald Brenner, Esq., Tappan, representing the applicant, gave an overview of applicants requests and reason for use variance. He summarized the history of the Cardiovascular Research Foundation, and the importance of their research, and presented information and exhibits in booklet form dated June 2001.

Dr. Daniel Berhoff explained mission of Cardiovascular Research Foundation including balloons, stints and radiation, pigs are most appropriate because of their compatibility to humans.

Mr. McDaniel advised forty pigs, explained building plan, and said that all disposal would be removed from site.

A discussion took place between the Town Board regarding viruses, and removal of hazardous waste.

Mary Lampe mentioned never cited for use. Also, discussed reason for move to New York from Washington, D.C. This Company will plan outreach, and particular to women regarding health and heart disease.

Gail Raffaele, Tappan, against tax exempt tenants.

Anthony Montalbano, project is fully assessed and they will be leasing property.

James Riley, Town Attorney, noted this is change in ordinance not zone change.

Paul Prisco, Palisades, not opposed.

Jack Holt, in favor, feels research is important.

Mrs. McCarthy re possible increase in amount of research.

Mark Rothenberg, Board of Good Samaritan, in favor, important research.

Eileen Larkin, Palisades, in favor, questioned purchase ability.

Mr. Antonali, I.D.A., in favor.

James Leman, Tappan, hurts taxpayers if they are tax exempt, and asked if purchase in the future will hurt tax base..

Maryann Small, will not hurt taxpayers.

Bernard Gollomp, funding important.

Dr. Berhoff, they have solid history in funding.

Fran Oldenburger, Blauvelt, in favor, questioned who gains money by having patent.

Dr. Berhoff, role is not to invent but to test and improve what others have invented.

* * *

RESOLUTION NO. 370 CLOSE/PH PROPOSED LL AMEND LL 4/69 CH 43/TABLE OF GENERAL USE REGS

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

RESOLVED, that this public hearing is hereby closed.

Ayes: Councilmen Bergman, Troy, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 371 DESIGNATION OF LEAD AGENCY

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

RESOLVED, that the Town Board hereby declares itself Lead Agency in this matter.

Ayes: Councilmen Fisher, Bergman, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 372 SEQRA DECLARATION

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

RESOLVED, that a negative SEQRA Declaration is hereby adopted, copy of short Environmental Assessment Form is labeled Exhibit 6-B-01 and made a part of these minutes.

Ayes: Councilmen Fisher, Bergman, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 373 T/B DECISION LL/AMEND

LL 4/69 CH 43/TABLE OF GENERAL USE REGS ADOPTED

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

RESOLVED, that a Local Law amending Local Law No. 4, 1969 (Ch. 43

(continued on page 4)

RESOLUTION NO. 373 (continued)

of the Code of the Town of Orangetown entitled “Zoning”) Section 3.11, Table of General Use Regulations, LO Zoning District, Column 5, General Accessory Uses,

Number 4, is hereby adopted.

Ayes: Councilmen Fisher, Bergman, Troy

Supervisor Kleiner

Noes: None

* * *

Richard Rose, Superintendent of Parks, Recreation & Building Maintenance gave overview of improvements to the DeMeola Park drainage and other parks department improvement issues. He mentioned future improvements and spoke of next meeting with the Superintendent of Pearl River Schools regarding fields and expansion at the middle school. A discussion ensued between Town Board members on issues facing the Parks, and tour to update the Town Board on issues regarding same including the pool study.

* * *

The regular public portion was opened and the following spoke:

Mrs. McCarthy, Tappan, questioned the delay on the wall.

Supervisor Kleiner explained that the problem is in using stone or cultured stone and difference in cost.

Ruth Weber, Upper Grand View Association, read statement, discussed foils, and complaints.

James Leman, Tappan, spoke re Robert Freeman’s response, Town Attorney’s and Town Clerk’s response to foils.

Gail Raffaele, Tappan, item re budgets, police conference costs, and flag in park.

Bernard Gollomp re information and accessibility of Town records, suggesting internet.

Eileen Larkin, Palisades, re well water and contamination and replacement of Spring Valley Water (public water).

* * *

RESOLUTION NO. 374 ADOPT MEMORIALIZING RESOLUTION/JOIN GUARD/TAPPAN ZEE BRIDGE

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

WHEREAS, New York State Thruway officials and Governor George Pataki have proposed replacing the Tappan Zee Bridge; and

WHEREAS, such proposal may also include the building of a rail line connecting Rockland County to Metro North lines in Westchester County; and

WHEREAS, the proposed changes to the New York State Thruway corridor may extend from Newburgh, New York to Portchester, New York and the entire length of the New York State Thruway in Rockland County; and

(continued on page 5)

RESOLUTION NO. 374 (continued)

WHEREAS, the New York State Thruway and Metropolitan Transportation Authority have been named lead agency to prepare the necessary environmental impact statements which are required for these proposals; and

WHEREAS, the Town of Orangetown, the people of Rockland County as a whole, the municipalities in Rockland County that host the New York State Thruway, and the riverfront communities in Rockland County will all face significant impacts on the Thruway corridor, itself and on other areas surrounding the Thruway, due to changes in traffic flow, location of new parking lots and locations of rail stations and/or other facilities; and

WHEREAS, among other alternatives, there is the possibility that the

Thruway will be widened to 5 lanes in each direction at least from the Tappan Zee Bridge to the I-287 Interchange in Suffern, New York; and

WHEREAS, there is a further possibility that a tunnel will be built underneath the Hudson River, which could affect municipalities in the center of Rockland County where an entrance might be located; and

WHEREAS, the Town Board of the Town of Orangetown believes that it is vital that all elected officials and municipal governments all along this stretch of the New York State Thruway coordinate continued efforts to participate meaningfully in the planning and environmental impact process; and

WHEREAS, only the use of the combined resources of these municipalities acting together will enable local citizens to have an effective voice in the process; and

WHEREAS, a number of municipal leaders on both sides of the Hudson River have proposed creating a municipal coalition of interested governments to participate in this process; and

WHEREAS, an intergovernmental organization named Governments United in Action for Responsible Development (G.U.A.R.D.) has been set up to bring such governments together to represent the interests of the participating communities in the environmental review process of the Tappan Zee Bridge replacement proposals; Now Therefore, Be It

RESOLVED, that the Town Board of the Town of Orangetown hereby authorizes the Orangetown Supervisor on behalf of the Town of Orangetown to join Governments United in Action for Responsible Development (G.U.A.R.D.) an inter-municipal organization of interested municipalities to participate in the planning and environmental process concerning the possible replacement of the Tappan Zee Bridge and other improvements from Newburgh, New York to Portchester, New York, subject to the approval of the Town Attorney; and be it

RESOLVED FURTHER, that the Town Board of the Town of Orangetown hereby authorizes the Orangetown Supervisor to enter into any necessary inter-municipal agreements to effectuate the purposes of this resolution, subject to the approval of the Town Attorney; and be it

RESOLVED FURTHER, that the Town Clerk is hereby authorized and directed to send a certified copy of this resolution to the Hon. George Pataki, Governor for the State of New York; Hon. Thomas P. Morahan, New York State Senator; Hon. Sam Colman; Hon. Alexander Gromack; and Hon. Nancy Calhoun; the County Executive of Orange County; the Orange County Legislature; the County Executive of Westchester County; the Westchester County Legislature; and other municipal governments and such

other persons as the Clerk, in her discretion may deem proper in order to effectuate the

(continued on page 6)

RESOLUTION NO. 374 (continued)

purpose of this resolution.

Ayes: Councilmen Troy, Fisher, Bergman

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 375 COMBINE AGENDA ITEMS

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

Resolved, that agenda items three (3) through sixteen (16) are hereby

combined as one.

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 376 AUTHORIZE/EXECUTE PROJECT FINANCING & LOAN AGREE

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

RESOLVED, that the Supervisor is hereby authorized to execute the Project Financing and Loan Agreement (Leveraged Financing Program), State Clean Water Revolving Fund Project No. C3-5345-02-00 (Nyack Trunk Sewer Rehabilitation) and C3-5345-03-00 (Pearl River Trunk Sewer Rehabilitation), with the New York State Environmental Facilities Corporation, and, Be it

RESOLVED FURTHER, that the Supervisor is hereby authorized to execute all other documents necessary so as to give effect to said Agreement (Dept. of Environmental Mgt. & Eng.).

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 377 APPROVE CERTIFICATE OF REGISTRATION/2001

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

RESOLVED, that Certificate of Registration (Plumber’s License) for 2001 is hereby approved for Victor P. Zugibe, Inc., Garnerville, New York (Dept. of Environmental Mgt. & Eng. & Town Attorney).

.

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 378 AWARD/CONSTRUCTION CLARKE TRAIL/SPARKILL CREEK

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

Whereas, the Town Clerk duly advertised for sealed bids for Construction

of Clarke Trail Culvert at Sparkill Creek, which were received and publicly opened on May 23, 2001, and

Whereas, these bids were referred to the Superintendent of Parks & Recreation for recommendation and report, a copy is labeled Exhibit 6-C-01 and made a

part of these minutes, Now, Therefore, Be It

RESOLVED, that the contract for Construction of Clarke Trail Culvert at Sparkill Creek is hereby awarded to Hudson Canyon Construction, Millwood, NJ, the lowest qualified bidder, at a total cost of $157,682.00, to be charged to account A8760.

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 379 ADVERTISE RFPS/PATHS BLUE HILL GOLF COURSE

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

RESOLVED, that the Town Clerk is hereby authorized to advertise for sealed Requests for Proposals for the repair and rehabilitation of asphalt paths at Blue Hill Golf Course, and, Be It

RESOLVED FURTHER, that bids are to be received by 10:30 A.M, July 17, 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

(Supt. Parks, Rec. & Bldg. Maint.).

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 380 APPROVE FUNDING

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

RESOLVED, that the following co-sponsored funding, to be charged to Line Item 7310174/50482 is hereby approved (Youth Recreation Advisory Committee):

Palisades/Sparkill Baseball———-$1,500

Pearl River Little League————$2,000

Orangetown Patriots Football——-$2,000

Central Avenue Field Playground–$3,000

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

RESOLUTION NO. 381 APPROVE AID/PEARL RIVER HOOK & LADDER CO.

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

RESOLVED, that aid to the Pearl River Hook and Ladder Company in the form of 3 Port-o-Sans and 12-15 trash receptacles for their annual car show on September 30, 2001 is hereby approved (October 7 raindate).

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 382 APPROVE AID/COLUMBUS DAY PARADE COMM

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

RESOLVED, that aid to the Columbus Day Parade Committee by painting a purple line on Central Ave.; providing four (4) Port-o-Sans at the Lederle parking lot; barricades for Central Ave; and use of Showmobile with sound system, upon the Committee providing adequate insurance with the Town of Orangetown as additional insured, to be charged to celebrations account A7550 for the 2001 Rockland County Columbus Day Parade on October 14, 2001, is hereby approved.

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 383 WAIVE FEES/LUTHERAN CHURCH OF GOOD SHEPHERD

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

RESOLVED, that building fees in the amount of $85.00 for The Lutheran Church of the Good Shepherd, Pearl River, New York, for the construction of sidewalks around their building is hereby waived.

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 384 ACCEPT MINUTES

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

RESOLVED, that the Regular Town Board and Audit minutes of May 29, 2001, and Special Town Board minutes of May 29, 2001 and June 4, 2001 are hereby accepted (Town Clerk).

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 385 ADOPTED/POLICE REGS WASHINGTON AVE/PEARL RIVER

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

RESOLVED, that Police Regulations for a six month trial period, installation of “No Parking here to Corner” signs on Washington Avenue (North and South) at the intersection of Railroad Avenue, and installation of “4-hour Parking” signs in the unrestricted areas of Washington Avenue, Pearl River are hereby adopted, and Be, It

RESOLVED FURTHER, that the Highway Department is hereby authorized to install signs (Traffic Advisory Board).

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 386 ADOPTED/POLICE REGS EDWARD STREET/SPARKILL

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

RESOLVED, that Police Regulation for a six month trial period, installation of “No Standing here to Corner” sign on Edward Street, 100 feet south of the intersection with Kings Highway, Sparkill, is hereby adopted, and, Be It

RESOLVED FURTHER, that the Highway Department is hereby authorized to install signs (Traffic Advisory Board).

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 387 REJECT BID/CONSTRUCTION PARKING LOT/CORTWOOD SENIOR HOUSING

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

Whereas the Town Clerk duly advertised for sealed bids for construction of parking lot and parking lot lighting at Cortwood Senior Housing, and

Whereas, the one bid received was referred to the Orangetown Housing Authority and the Director of the Department of Environmental Management & Engineering, for recommendation and report, a copy is labeled Exhibit 6-D-2001 and made a part of these minutes, Now, Therefore, Be It.

RESOLVED, that upon the recommendation of the Orangetown Housing Authority and the Director of the Department of Environmental Management & Engineering, the sole bid received for the General Contract for the Parking Lot at

(continued on page 10)

RESOLUTION NO. 387 (continued)

Cortwood Senior Housing is hereby rejected.

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 388 GRANT PERMISSION/POLICE DETECTIVE NEECK

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

RESOLVED, that permission is hereby granted to Detective James Neeck to attend the Advanced School Resource Officer Training Course, in Pittsford, Vermont

from June 18 – 20, 2001 at a total cost of $555.00, to be charged to accounts B3120/0441 and B3120/0480 (Police Dept.)

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 389 AUTHORIZE/APPLICATION DISABILITY RETIREMENT

1. O. GENTILE

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

WHEREAS, Police Officer Steven Gentile’s injury(ies) and resultant disability(ies) have caused him to remain continuously absent from work since December 31, 1995; and

WHEREAS, in the medical opinion of the Town’s examining doctor it is unlikely that P.O. Gentile will be able to resume his regular police duties in the future; and

WHEREAS, pursuant to the New York General Municipal Law and the Retirement and Social Security Law, the head of the police department may make application to the New York State Comptroller for a disability retirement allowance on behalf of the disabled employee;

NOW, THEREFORE, based on the physician’s report of Laurence Loeb, M.D., and on recommendation of the Chief of Police and the Town Attorney, Be It

RESOLVED, that the Chief of Police, as head of the Orangetown Police Department is hereby authorized to make application to the New York State Comptroller for a disability retirement allowance on behalf of Police officer Steven Gentile.

Ayes: Councilmen Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 390 RE-ENTER EXECUTIVE SESSION

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

RESOLVED, that the Town Board hereby re-enters executive session at 10:55 P.M. to discuss a particular personnel matter.

Ayes: Councilmen Bergman, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 391 RE-ENTER REGULAR TOWN BOARD MEETING

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

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

Ayes: Councilmen Bergman, Fisher, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 392 APPROVED/EXTENSION SICK LEAVE/MULROE

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

RESOLVED, that extended sick leave through July 6, 2001at one-half pay, per Article VII, Section B of the CSEA Contract, for Joseph Mulroe, Department of Environmental Management & Engineering, is hereby approved.

Ayes: Councilmen Fisher, Troy, Bergman

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 393 ADJOURNMENT

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

RESOLVED, that this meeting is hereby adjourned at 11:15 P.M.

Ayes: Councilmen Fisher, Troy, Bergman

Supervisor Kleiner

Noes: None

* * *

______________________________________

CHARLOTTE MADIGAN, TOWN CLERK

RTBM – 06/11/2001 Page 11