Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

FEBRUARY 25, 2002

The Regular Town Board Meeting was opened at 7:40 P. M. Supervisor Kleiner presided. The Town Clerk called roll. Present were:

Councilman Edward Fisher

Councilman Dennis O’Donnell

Councilman Denis Troy

Councilwoman Marie Manning

Also Present:

Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

James K. Riley, Town Attorney

Thomas O’Connell, Deputy Town Attorney

Teresa Kenny, Deputy Town Attorney

Veronica Murphy, Deputy Town Clerk

Suzanne Barclay, Executive Asst. to Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

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

Robert Simon, Receiver of Taxes

Mary McCloskey, Assessor’s Office

John Giardiello, Director, OBZPAE

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

* * *

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

ANNOUNCEMENTS:

Orangetown exhibit: “This is Orangetown: Rich in History” through 7/21/02

Draft Comprehensive Plan: Public hearing, 2/28/02

PRESENTATION OF THE ETHICS COMMITTEE:

Monsignor William Belford

Rev. Louis E. Sanders

Dr. Seymour Cohen

Mr. James A. Tigue

Dr. Margaret Fitzpatrick, O.P.,

Dr. Seymour Cohen presented the following report of findings, (exhibit 2-AA-02).

The Committee met on February 14^th,15^th, and 21^st, in private and the decision was unanimous regarding the issues of Suzanne Barclay, Mr Alfred Rossi and Mr Anthony Urica.

Supervisor Kleiner and the Town Board thanked the Committee for their time and efforts concerning their work in making their decision.

The public portion was opened and the following spoke:

Paul Malone, Tappan, commented on the findings of the Ethics Board, and appreciated their difficult decision.

Eileen Larkin, Palisades, spoke regarding the Ethics Board and was not happy with the decision. She is concerned about the additional antennas to be added to the existing tower at the Town of Orangetown Sewer Department Building at 127 Route 303

Scott Wheatley, Orangetown, Nike Park could be location for the dog run, Stressed the need for a dog run and has copy of the law from the County. A discussion took place between Mr. Wheatley, the Town Board and Rich Rose for an appropriate park for this dog run.

Gail Raphaelle,Tappan, Asked about a bike law, rates for the antennas should be higher, FOILS not answered, including position that of Suzanne Barclay.

Mr. Wall, Grandview, read the meaning of Ethics and explained why he does not agree with the decision of the Ethics Board

Patricia Moran, Pearl River, feels the Town Attorney does an exceptional job for the Town.

Stan Shelofsky, Blauvelt, Commented on the additional 6 antennas to the Sewer Bldg. He believes we can do better monetarily for the Town of Orangetown.

Mary Kuhner, Blauvelt, questioned the numbers of antennas, asked who sets the fair market rate. Suggested we go out to other towns and compare these rates. Violations concerning Route 303.

Mrs Georgia Lippsett, Blauvelt, Saber systems and who is paying for this. Inter-municipal Agreement.

Tom Dinan, Pearl River, Questioned Rotary Clock for Pearl River $1,000.00.

RESOLUTION NO. 118 COMBINE AGENDA ITEMS

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

RESOLVED, that agenda items one (1) through eleven (11) are hereby combined.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 119 ADOPTED/FUNDING/CLOCK

BRAUNSDORF MEM. PARK

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

RESOLVED, that funding in the amount of $1,000 to the Pearl River Rotary for a Town Clock which shall be located in Braunsdorf Memorial Park, Pearl River, is hereby approved, to be charged to account A/6989/50457.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 120 PERMISSION GRANTED/

RICHARDSON/FINANCE

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

RESOLVED, that permission is granted to Charles Richardson to attend the NYS Government Finance Officer’s Association Conference in Albany, NY March 19-21, 2002 at a cost of $115.00 and charged to account A1310-50441.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO.121 ADOPTED/AJUSTMENTS

TOWN BUDGET 2001

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

RESOLVED, that to the Town’s 2001 budget in preparation for the 2001 external audit is hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 122 AWARD CHEMICALS &

FERTILIZERS/BLUE HILL

GOLF COURSE/PARKS DEPT.

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

Whereas the Town Clerk duly advertised for sealed bids for Blue Hill Golf Course & Parks Department, which were received and publicly opened on February 14, 2002, and

Whereas, these bids were referred to the Department of Parks, Recreation & Building Maintenance, for recommendation and report, a copy is labeled Exhibit 2-B-02, and made a part of these minutes, Now, Therefore, Be It.

RESOLVED, that the bids for Chemicals & Fertilizers for Blue Hill Golf

Course and the Parks Department is hereby awarded to the lowest qualified bidders as follows:

Fert-L Soil, Scotch Plains, NJ- Item 6 totaling $434.80

Lesco, Inc., Stormsville, OH- Items 4,9,10,11,12,13,14 and 19 totaling $15,560.30

UHS, N. Brunswick, NJ- Items 2,3,5,18 and 20 totaling $12,271.24

Terre Co., Clifton, NJ – Item 15 totaling $ 2,850.00

Metro Milorganite, Danbury, CT- Items 7 and 16 totaling $4,974.50

Fran Berdine (Simplot Partners), Pine Bush, NY- Items 1, 8, and 17 totaling $28,223.25

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 123 AWARD/TURF EQUIPMENT

BLUE HILL GOLF COURSE/

PARKS DEPT.

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

Whereas the Town Clerk duly advertised for sealed bids for Blue Hill Golf Course & Parks Department, which were received and publicly opened on February 14, 2002, and

Whereas, these bids were referred to the Department of Parks, Recreation & Building Maintenance, for recommendation and report, a copy is labeled Exhibit 2-C-02, and made a part of these minutes, Now, Therefore, Be It.

RESOLVED, that the bids for Turf Equipment for Blue Hill Golf Course and the Parks Department is hereby awarded to the lowest qualified bidders as follows:

E/T Equipment Corp, Croton-on-Hudson, NY- $33,703.00

Storr Tractor Co., Branchburg, NJ- $23,990.00

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 124 PERMISSION GRANTED/POLICE

FISHER,YOUNGMAN,BRENT,

NEWBURY, SULLIVAN

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

RESOLVED, that permission is granted to Sgt. Steven Fisher, Police Officers Frank Youngman, Brent Newbury and Joseph Sullivan to attend the Empire State Traffic Safety Conference in Albany, NY on April 9-10, 2002 at a cost of $306.00 to be charged to Accounts B3120/0441-0480.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 125 PERMISSION GRANTED/POLICE

BROWN

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

RESOLVED, that permission is granted to Sgt. James Brown to attend Accident Investigation School at Bergen County Police Academy in Mahwah, N.J. on May 6-17, 2002 at a cost of $450.00 to be charged to Accounts B3120/0441-0480.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 126 PERMISSION GRANTED/POLICE

BROWN/BUTTERWORTH

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

RESOLVED, that permission is granted to Sgt. James Brown and Donald Butterworth to attend the Less Lethal Munitions Certification Course in Poughkeepsie, NY on April 3-5, 2002 at a cost of $1,462.00 to be charged to Accounts B3120/0441-0480.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 127 ADOPT LL GRANTING TOWN

JURISDICTION/COMMUTER

PARKING LOT IN PEARL RIVER

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

RESOLVED, that a local law authorizing and granting the Town of Orangetown jurisdiction to enforce, control, regulate and/or seek compliance with

provisions set forth in Vehicle and Traffic Law (VTL) S 1660-a for the Commuter Parking Lot located on Railroad Place in Pearl River, is hereby adopted.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 128 APPROVE/EXTENDED MILITARY

LEAVE/POLICE/NAWOICHYK

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

RESOLVED, that extended military leave for Det. James Nawoichyk in the year 2002 for 60 military leave days is hereby approved and shall be reflected on the time

record sheets.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 129 REJECT BID/READVERTISE PURCHASE INDUSTRIAL SERVICE UNIFORMS/HWY

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

Whereas the Town Clerk duly advertised for sealed bids for the furnishing Industrial Service Uniforms, which were received and publicly opened on January 9, 2002, and

Whereas, these bids were referred to the Superintendent of Highways, for recommendation and report, a copy is labeled Exhibit 12-D-02 and made a part of these minutes, Now, Therefore, Be It.

RESOLVED, that the two bids received and opened on January 9, 2002, for the Purchase of Police Uniforms are hereby rejected, and, Be It,

RESOLVED FURTHER, that the Town Clerk is hereby authorized to re-advertise for sealed bids for the furnishing of Industrial Service Uniforms, and, Be It

RESOLVED FURTHER, that bids are to be received by 10:30 A.M. on March 12, 2002, 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 will be made at a regular Town Board meeting.

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

Supervisor Kleiner

Noes: None

RESOLUTION NO. 130 PERMISSION GRANTED/HIGHWAY

SUPT. DEAN

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

RESOLVED, that permission is granted to Highway Superintendent James T. Dean to attend the Solid Waste and Recycling Conference at Lake George, NY on May 5-8, 2002 at a cost of $790.00 to be charged to Accounts A5010/0441-0480.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 131 TABLED/AMENDMENT/LEASE

AGREEMENT/OMNIPOINT COMM.

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

Approve amendment to lease agreement between the Town of Orangetown and Omnipoint Communications Inc., a wholly owned subsidiary of Voicestream Wireless, to permit Omnipoint Communications to add 6 (six) additional antennaes to their existing tower located at the Town of Orangetown Sewer Department building at 127 Route 303 at an additional rental cost of $250.00 per month.

After much discussion, Councilman O’Donnell motioned to TABLE, which was seconded by Councilman Troy and on a roll call motion to TABLE carried as follows:

Ayes: Councilpersons O’Donnell, Troy, Manning and Supervisor Kleiner

Noes: Councilman Fisher

* * *

RESOLUTION NO. 132 SET DATE PH/DE-MAPPING

STEPHEN’S ROAD/TAPPAN

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

RESOLVED, that the date of Monday, April 8, 2002, 8:00 P.M., is hereby set for a public hearing regarding a request for de-mapping portions of Stephen’s Road, Section 77.10, Block 3, Lot 59, Tappan, New York and, Be It

RESOLVED FURTHER, that this is hereby referred to the Planning Board and the Town Attorneys Office for comment.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 133 ADOPTED/TOWN BOARD

MINUTES

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

RESOLVED, that the Regular Town Board Minutes of 2/11/02; Special Town

RESOLUTION NO. 133 (continued)

Board Minutes of 2/11/02, 2/19/02 and Audit Meeting of 2/11/02 are hereby approved.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO.134 ADOPTED/JUSTICE COURT

PURCHASE/DYNEX RESOURCES

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

RESOLVED, that the Justice Court purchase of an IBM AS-400 from Dynex Resources, Inc., at total cost of $21,482.20, consistent with the pricing in the New York State contract for this equipment, is hereby approved and charged to A111002/50200.

Funding of $21,485.00 to be transferred from the General Fund Contingency Account A1990004/50500.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 135 RECEIVE/FILE/ANNUAL FINANCIAL

REPORT/CENTRAL NYACK FIRE

DISTRICT/FISCAL YEAR 2001

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

RESOLVED, that the Annual Financial Report for the Central Nyack Fire District for the fiscal year 2001, is hereby received and filed.

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

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 136 ADJOURNMENT/MEMORY OF

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

RESOLVED, that this Regular Town Board meeting is adjourned at 9:10 P. M., in memory of Joseph McDonnell, Pearl River, NY; Dorothy McGillicuddy.

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

Supervisor Kleiner

Noes: None

____________________________________

CHARLOTTE MADIGAN, TOWN CLERK

RTBM – 02-25-02 Page 7

DRAFT