Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

FEBRUARY 11, 2002

The Regular Town Board Meeting was opened at 7:45 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:

Councilman Dennis O’Donnell

Councilman Denis Troy

Councilwoman Marie Manning

Absent: Councilman Edward Fisher

Also present:

Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

James K. Riley, Town Attorney

Thomas O’Connell, Deputy Town Attorney

Suzanne Barclay, Confidential Assistant to Supervisor

Charles Richardson, Director of Finance

Mary McCloskey, Assessors Office

James Dean, Superintendent of Highways

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

Kevin Nulty, Chief of Police

Robert Simon, Receiver of Taxes

Bert von Wurmb, Bldg. Inspector, OBZPAE

* * *

The Pledge of Allegiance to the Flag was led by the Town Clerk, Charlotte Madigan

* * *

ANNOUNCEMENTS

Supervisor Kleiner discussed the RPC property and presented a Map showing comparable property in a conceptual site plan by Hillpoint/Wyatt MCK Building, Associates MacKnight Architects.

Supervisor Kleiner addressed the Memorializing Resolution regarding the Indian Point closure issues.

Thom Kleiner spoke regarding the ethics committee and letters that were sent to the Attorney General but He nor Councilwoman Manning received copies. A discussion between Mr. Troy and Mrs. Manning ensued concerning the ethics of three board members writing to the Attorney General without the review of all members of the Town Board. Councilwoman Manning stressed the importance of all members acting in unison. Councilman O’Donnell explained the reasons that the letter was sent and why the Attorney General was asked for an opinion. At this point, Councilman Troy stated that he believes case law is important and that the Comptroller suggested the Town Board resolve these issues.

Town Attorney James Riley has sent a FOIL to the Comptroller for a copy of the letter sent by the Town Board, which will indicate the date of transmittal. Councilman Troy indicated that he would prefer outside counsel and said that neither the Town Attorney nor his staff should handle these ethics issues that will go before the Boards. Mr. Riley believes that Mr. Rossi has conflicting interests, however, Supervisor Kleiner said Mr. Rossi should not be on the Planning Board.

RESOLUTION NO. 88 OPEN/CDBG/BLOCKGRANT

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

RESOLVED, that the 8:00 P.M. Public Hearing to consider The Rockland County Consortium of Towns and Villages Community Development Citizen Viewpoint on the 2002 Block Grant Funds is hereby opened.

Ayes: Councilpersons O’Donnell, Troy, Manning

Supervisor Kleiner

Noes: None

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

2-A-02, and made a part of these minutes.

Sister Peggy Scarano, OP Chairperson introduced the two CDBG projects being proposed:

Camp Venture’s proposal for renovations of the buildings to serve people with disabilities. The buildings will be brought into compliance with buildings and bathrooms being handicapped accessible.

The second proposal will be for the installation of accessible playground equipment at two locations within the Town of Orangetown. The playground equipment will allow children with physical limitations to access a variety of play equipment that is specifically designed for their varying physical needs.

Public Portion:

Gail Raffaele, Tappan, opposed to how monies are spent taxpayers should be on the committee.

Rich Rose, Superintendent of Parks, explained different aspects of the playground equipment and how all children would use this.

Jo-Ann Fasulo, Pearl River, also mentioned her concerns that some items are not always clear on how they will impact taxes

Sister Scarano, thanked the Town Board and is privileged to serve on this committee.

* * *

RESOLUTION NO. 89 CLOSE/BLOCKGRANT

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

RESOLVED, that the 8:00 P.M. Public Hearing to consider The Rockland County Consortium of Towns and Villages Community Development Citizen Viewpoint on the 2002 Block Grant Funds is hereby closed

Ayes: Councilpersons O’Donnell, Troy, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 90 ADOPT/CDBG BLOCKGRANT

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

RESOLUTION NO. 90 (continued)

RESOLVED, that the 8:00 P.M. Public Hearing to consider The Rockland County Consortium of Towns and Villages Community Development Citizen Viewpoint on the 2002 Block Grant Funds is hereby adopted

Ayes: Councilpersons O’Donnell, Troy, Manning

Supervisor Kleiner

Noes: None

* * *

Public Portion:

Arnold Shore, Orangeburg, spoke regarding the taxes, bonds and what has been paid and what still needs to be paid.

Jo-Ann Fasulo, Pearl River, concerned about taxes and the hidden line items. Believes that these items should be broken down further. Spoke on the Police Department overtime items that were caused by the September 11^th terrorist attack.

Councilman Troy mentioned that he needed Bob Simon to explain some portions of his tax bill.

Barry Snyder, Orangeburg, Journal News should not be official newspaper since it does not have a reporter attend the RTBM. Is against selling furniture from the back of trucks. Sidewalks should be kept clean of shrubs and dirt.

The Town Board had a discussion about these trucks and the fact that they need a Hawk and Peddling License to operate and Chief Nulty explained the safety measures that people can follow.

Genevieve Coffee, Pearl River, discussed the problem with her buffer zone and the need for the Town Board, the building department, and Town Attorney Lou Kayser to be involved. A meeting for the 22^nd was arranged.

Carol Silverstein, Orangeburg, Suggested that the Town Board members who voted to put Mr. Rossi on the Planning Board initiated problems. Asked who wrote the letter to the Attorney General and who will pay the bill for the outside counsel?

Thom Kleiner responded that for ethics and financial reasons the Town Board should have a substantive reason for not using the Town Attrney’s Office.

Muney Riveir, Nyack, Concerned parent.Important issue for evacuation of Indian Point. Is in favor Memorializing Resolution.

Susan Shapiro, concerned parent, information given at meetings were not true and this is cause for alarm. Security is private not federal. “ No fly zone”, is not in effect. Is in favor Memorializing Resolution.

Ruth Vezzetti, Orangetown, I86-3 opinion from State Attorney will not give the Town an opinion it must come from the body. Have concerns about the employee and administrative assistant and conflict that the Supervisor of the Town of Orangetown might have as a voting member. Code of ethics no gift over $200 should be given.

Gail Raffaele, Tappan, spoke regarding her FOIL requests, copies and resumes. Certified job description for the position established for his office. Asked the Town Board if there is a conflict of interest with Supervisor writing for a newspaper

Peggy Kurtzman, Spoke regarding a report addressing a jet airliner and safety of Indian Point. Is in favor Memorializing Resolution.

Fran Oldenberger, Tappan, Watershed properties and where are we at this point. Is in agreement with the issues of safety re Indian Point and is in favor of a Memorializing Resolution.

Councilman O’Donnell felt that the evacuation plan is not sufficient and has great concerns for the safety of the surrounding area. Councilwoman Manning was in agreement that the Memorializing Resolution should be passed. The Town Board then voted for the Indian Point Memorializing Resolution.

RESOLUTION NO. 91 MEMORIALIZING RES. INDIAN POINT CLOSURE

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

RESOLUTION NO. 91 (continued)

RESOLVED, that The Town Of Orangetown Calls For The Immediate Closure Of The Indian Point Nuclear Facility, Until Safety Studies Are Completed And Adequate Security Measures Are Taken and the following memorializing resolution be:

WHEREAS, the September 11, 2001 attack on America has demonstrated that a new form of terrorism threatens the lives of Americans, and the economy, property and natural resources on which they depend, and

WHEREAS, terrorists have made numerous credible threats to focus future attacks on America’s infrastructure, including our nation’s nuclear power plants, and

WHEREAS, of the nation’s 103 nuclear power reactors, the Indian Point plant is an especially vulnerable target given its proximity to the greater New York metropolitan area- home to 20 million people and the world’s financial centers, and

WHEREAS, the Nuclear Regulatory Commission has acknowledged that nuclear facilities and their safety control mechanisms, including those at Indian Point were not designed to withstand or repel a substantial terrorist attack, and

WHEREAS, the complex interconnected system of nuclear reactors, spent fuel storage structures, control rooms, and electrical switching equipment provides multiple target opportunities by which a sophisticated and determined terrorist attack could cause a catastrophic radiological event, and

WHEREAS, the spent fuel rods are stored at the Indian Point facility in substantially less secure structures than the containment domes; and

WHEREAS, a meltdown or radiological fire could lead to tens of thousands, if not millions, or near- and long-term deaths and cases of chronic radiation sickness, devastate the region’s economy, and render uninhabitable large areas within the plant’s fifty-mile radius, and

WHEREAS, it is highly questionable whether the Indian Point Emergency Response and Evacuation Plans for the region are sufficient, adequate and implementable to protect all affected workers and residents, and

WHEREAS, the plant is scheduled to be decommissioned in 2014, and in the light of the current terrorist threat and age of the plant, the safety and well being of the entire New York metropolitan area is being unnecessarily placed in harms way, and

WHEREAS, a temporary but immediate closure of Indian Point, especially if taken in concert with other safety measures described below, would substantially reduce the risk and consequences of an attack or accident, both in the near and long term, and, Be, It

HEREBY RESOLVED that the Town of Orangetown in Rockland County calls on the Nuclear Regulatory Commission of the Federal Government and the State of New York and all affected agencies, to:

1. mandate immediate and long term development of security measures sufficient to repel a terrorist attack on the reactors, spent fuel pools, control room and electrical equipment; and
2. order an immediate closure of Indian Point’s Unit Two and Unit Three reactors and urge the NRC to begin the process of decommissioning the Indian Point Nuclear Facility; and
3. order the transfer of the plant’s irradiated (“spent”) fuel rods from a wet pool to a dry cask system, a technology that sufficiently increases the security of the waste materials; and
4. seek a full and independent assessment of converting Indian Point to a non-nuclear energy plant;

RESOLUTION NO. 91 (continued)
BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute any documents in furtherance of this effort.

WHEREAS, separate and apart from the above, the New York State Government has not yet requested its portion of the 1.2 million dollars NRC has available for fiscal year 2002, for the production and distribution of Potassium Iodine to potential affected communities.

5. separate and apart from the above, request the State government to petition the

NRC for funds that have been set-aside for the production and distribution of

Potassium Iodine to all potentially affected communities.

Ayes: Councilpersons O’Donnell, Troy, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 92 COMBINE AGENDA ITEMS

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

RESOLVED, that agenda items four (4) through twenty (20) are hereby combined.

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 93 ADOPTED/AID/ST.PATRICK’S

DAY PARADE

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

RESOLVED, that aid to the Rockland County Ancient Order of Hibernians for their St. Patrick’s Day Parade on March 17, 2002 by providing trash barrels, barricades, authorization to paint a green stripe on Central Avenue, a sound system and personnel for same, four (4) Porta-Sans and the Town Showmobile with the Ancient Order of Hibernians providing a certificate of insurance covering use of the Showmobile and the rental costs for 10 Porta-Sans and cost of Showmobile, is hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 94 APPOINTMEMBERS/AD HOC

OPEN SPACE COMMITTEE

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

RESOLVED, that the following members are appointed to the Town of Orangetown Ad Hoc Open Space Committee:

RESOLUTION NO. 94 (continued)

Elaine Armaniaco Watson Morgan

Jeffrey Berman Fran Oldenburger

Amanda Clark Carol Schelin

Mary Dress Robert E. Seaman, III

David Howe Richard Stadnick

Gina Ironside June Starke

Mikki Leader Larry Vail

Francine McGuire Eric Winerman

Marie Manning, Town Board Liaison

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 95 REAPPOINT/SENIOR CITIZENS

SENIOR CITIZENS ADV. COMM

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

RESOLVED, that Phoebe T. Colwell is reappointed to the Senior Citizens Advisory Committee.

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 96 ROCKLAND PSYCHIATRIC

CTR CITIZENS ADVISORY BD

REAPPOINT

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

RESOLVED, that the following members are reappointed to the Rockland Psychiatric Center Citizen’s Advisory Board:

Betsy Brenner, Co-Chair Shelly Morgan

Hector May, Co-Chair Watson Morgan

Bruce Bond (PR Bd. of Ed. Member) Dr. Carol Paras

Raselle Fisher Sandra Stulberg

Barbara Hopkins Barry Snyder

Tim Hopkins Elizabeth Turk

Kitty Rooney Koch Maryellen Walsh

Georgia Lippsett Margaret Warren

Vince Moran

Edward Fisher, Town Board Liaison

* * *

RESOLUTION NO. 97 ADOPTED/ELECTION

BLAUVELT VOL.FIRE CO.

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

RESOLUTION NO. 97 (continued)

RESOLVED, that the election of Ryan Turi to the position of firefighter at the Blauvelt Volunteer Fire Company, Inc., is hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 98 CERT. OF REG. 2002

PLUMBERS LICENSE

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

RESOLVED, that the Certificate of Registration (Plumbers License) 2002 is hereby approved for the following :

Non-Stop Plumbing Service, Pearl River, NY

Phoenix Excavators Corporation, West Nyack, NY

Dan Nolan, Inc., Orangeburg, NY

Cal-Mart Enterprises, West Nyack, NY

Kevin Stokes Excavating, Chestnut Ridge, NY

Michael Sasso d/b/a Sasso Plumbers

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 99 GRANT PERMISSION

POLICE

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

RESOLVED, that permission is granted to Animal Control Officer Richard Padilla to attend the National Animal Control Association Training Academy Level I Training in East Windsor, CT from April 15-19, 2002 at a cost of $1,061.40 to be charged to Accounts A3310/0441-0480 (Police).

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 100 RC LEGISLATURE PROVIDE

FUNDS/RC SHERIFF’S DEPT

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

RESOLVED, that this Town Board hereby requests the Rockland County Legislature to provide adequate funds for the County of Rockland Sheriff’s Department

RESOLUTION NO. 100 (continued)

to ensure their ability to incur overtime expenditures as needed, in providing police services to the annual AOH St. Patrick’s Day Parade in Pearl River (Police).

Ayes: Councilpersons Troy, O’Donnell, Manning, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 101 GRANT PERMISSION

POLICE

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

RESOLVED, that permission is granted to P. O. Robert Stevenson, Jr. and P. O. Brent Newbury, to attend a Ballistic Operator Certification Course in Beacon, NY on March 18-19, 2002 at a cost of $740.00 to be charged to Accounts B3120/0441-0480.

(Police)

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 102 LOWER SPEED LIMIT

CENTRAL AVE.,PR

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

RESOLVED, that on the advice of James Dean, Supt. of Highways, Rescind Resolution #540 of 2001, and approve the recommendation of the Traffic Advisory Board to lower the speed limit on Central Avenue, Pearl River (between John Street and Route 304) from 30 miles per hour to 25 miles per hour (Highway).

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 103 ADV BIDS/SIDEWALK

SNOW PLOW

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

RESOLVED, that the Town Clerk is hereby authorized to advertise for sealed bids for the purchase of one New Sidewalk Snow Plow, and, Be It

RESOLVED FURTHER, that bids are to be received by 10:30 A.M. on Wednesday, March 5, 2002, and be publicly opened and read aloud at 11:00 A.M., and, Be It

RESOLUTION NO. 103 (continued)

RESOLVED FURTHER, that a report of all bids received and recommendations concerning the award is to be made at a regular Town Board meeting (Highway).

Ayes: Councilpersons Troy, O’Donnell, Manning, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 104 ACCEPT/DRAFT

GENERIC ENV. IMPACT

STATEMENT/DGEIS

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

RESOLVED, that the Draft Generic Environmental Impact Statement (DGEIS) as being sufficient for public review and authorize its distribution by Planners Saccardi and Schiff, is hereby accepted (Town Attorney).

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 105 R/F CONTRACT

CONO RECYCLING

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

RESOLVED, that the original fully executed contract with Cono Recycling Inc., for collection, transportation and disposal of residential recyclables is hereby received and filed (Town Attorney).

Ayes: Councilpersons Troy, O’Donnell, Manning, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 106 GRANT PERMISSION

TOWN CLERK

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

RESOLVED, that permission is granted to Town Clerk Charlotte Madigan to attend the NYS Town Clerks Association Conference from April 21-24 in Saratoga

Springs, NY at a cost of $757.00 to be charged to Account A1410/0441-0480 (Town Clerk).

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

RESOLUTION NO. 107 ACCEPT TOWN BOARD

MINUTES

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

RESOLVED, that the minutes of the Special Town Board Meetings of 1/17/02,

1/22/02, 1/28/02, 1/29/02, 2/4/02; Audit Meeting of 1/28/02 and Regular Town Board Meeting of 1/28/02 (Town Clerk).

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 108 APPOINT RECORDS CLERK/TYPIST/POLICE

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

RESOLVED, that Christine Kern is hereby appointed to the position of Records Clerk/Typist (law enforcement) in the Police Department, provisional, grade 6-1, at an annual salary of $30,302.00, effective February 11, 2002 (Personnel).

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 109 RETAIN SERVICES

BECKMANN ASSOCIATES

APPRAISAL

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

RESOLVED, that the services in the amount of $25,000 of Beckmann Associates is hereby retained to prepare a market value appraisal for New York State lands for tax certiorari purposes (Assessor).

Ayes: Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 110 ADJOURNMENT/IN MEMORY

OF

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

RESOLVED, that this meeting is hereby adjourned at 10:15 P. M., in memory of John P. Leavey, Nyack, NY; Lt. Francis McGovern, Pearl River; NY; William Byrne, Pearl River, NY and Claire Dunbar, West Nyack, NY.

Ayes: Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes: None

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