Meeting Overview

TOWN OF ORANGETOWN
REGULAR TOWN BOARD & AUDIT MEETING
July 21, 2003
The Regular Town Board Meeting was opened at 7:55 p.m. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Edward Fisher
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Also present: Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
James Riley, Town Attorney
Dennis Michaels, Deputy Town Attorney
Suzanne Barclay, Executive Asst. to Supvr.
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Robert Beckerle, Dir. Dept. of Environmental Mgt. & Eng.
Terrence Sullivan, Police Captain
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.).
John Giardiello, Director, OBZPAE
* * *
The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk
Supervisor Kleiner spoke regarding the RPC property and gave an overview of the time frame for the pool. BH & A hopes as does the Town Board that June 2004 is a possibility but realizes that there will be challenges to be ready by that date. Supervisor Kleiner also spoke about volunteer housing and the recreation fields along with the STEJ Sports Complex.
* * *
RESOLUTION NO. 417 OPEN/PH/ZONE CHANGE
IBM EDUCATION CENTER
334 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public hearing to consider an application by IBM Education Center for Zone Change for property located at 334 Route 9W, Palisades (78.13-1-1). Amending Local Law No. 4, 1969 (Ch. 43 of the Code of the Town of Orangetown entitled “Zoning”) and specifically Section 3.11 of the Table of General Use Regulations, for an LO zoning district by adding category #4 to Column 3 entitled “Uses by Special Permit” to read as follows:
“4. Use of existing executive conference center facilities for catered affairs for the general public.”
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
The Town Clerk presented affidavit of publication and notice of posting, copies are labeled Exhibit 7-A-03 and made part of these minutes.
The public portion was opened and the following people spoke:
Scott Lippert, representing IBM introduced Deidre Buzzeto manager of the IBM Conference Center. Ms. Buzzeto explained that IBM would like to make its facility available for use by the general public, for occasions such as weddings or bar mitzvahs. IBM is requesting the Town of Orangetown to amend Town Zoning Code to add a new special permit for use of the existing executive conference lecture facilities for catered affairs. IBM believes this will help offset the
Public Hearing – Public Portion Continued
cost of running this facility. This is a beautiful facility and this change will enable the facility to be enjoyed by the public without any change or construction to the center.
Daniel Wery, planner, Frederick Clarke Assoc. Planning point of view believes this will in no way have an adverse impact, since the proposed zoning code amendment will not have a significant impact on the county roads, streams, state roads or parks, the PIP or adjacent municipalities. The Traffic Impact and Access Analysis (dated 7/2003) is made part of this record.
Fran Oldenberger, Blauvelt, Will Lamont Doherty still enjoy special parking privileges at IBM for their special affairs?
* * *
RESOLUTION NO. 418 CLOSEPH/ZONE CHANGE
IBM EDUCATION CENTER
334 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:
RESOLVED, that the public hearing is hereby closed.
Ayes: Councilpersons O’Donnell, Fisher, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 419 DESIGNATION OF LEAD AGENCY/ZONE CHANGE
IBM EDUCATION CENTER
334 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town of Orangetown hereby declares itself Lead Agency in this matter.
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 420 SEQRA DECLARATION/ZONE CHANGE/IBM EDUCATION CTR
334 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a negative SEQRA Declaration is hereby adopted, copy is labeled Exhibit 7-B-03 and made part of these minutes.
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 421 TB DECISION/ZONE CHANGE
IBM EDUCATION CENTER
334 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Fisher and was adopted on a roll call as follows:
RESOLVED, that a Local Law amending Local Law No. 4, 1969 (Ch. 43 of the Code of the Town of Orangetown entitled “Zoning”) and specifically Section 3.11 of the Table
Resolution No. 421 – Continued
of General Use Regulations, for an LO zoning district by adding category #4 to Column 3
entitled “Uses by Special Permit” re IBM Education Center for Zone Change for property located at 334 Route 9W, Palisades (78.13-1-1) to read as follows:
“4. Use of existing executive conference center facilities for catered affairs for the general public.”
Ayes: Councilpersons O’Donnell, Fisher, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
Public Portion
Shelly Morgan, Tappan, concerned with the Piermont pier fees (Orangetown residents vs. the Village of Piermont residents).
Ruth Caley, Pearl River, talked about and submitted a proposal for an ordinance to limit unsolicited material on private property.
Kitty Rooney-Koch, Sparkill, discussed the volunteer & senior housing in RPC and hopes the cost will be similar to those in Thorpe Village.
Mary McCloskey, Blauvelt, seniors are interested in patio style homes.
Watson Morgan, Blauvelt, hopes the next Orangetown park mirrors Haverstraw Bay Park’s beauty.
Ruth Vezzetti, Tappan, has many concerns (RPC) – the cost of the pumping station and what access will it have, cost of renovations of the Directors house, and School Board letters not addressed by Town Board.
John Giardiello, Director, OBZPAE, Commented on agenda item #5. Type 1 action means alteration of more than 10 acres. Determination for SEQRA purposes if Town Board is lead agency.
Paul Prisco, Piermont, recommends putting signs “Residents Only” on the Piermont pier.
Mayor Hardy, Piermont, commented cemented portion of the pier is owned by Orangetown.
Jim Murphy, Pearl River, property located at Cardean Place and George Ave is in need of clean up. Does the new maintenance law cover this?
Edmund Lane, concerned as to who will be handling the pump station on the Rockland Psychiatric Center property.
* * *
RESOLUTION NO. 422 CLOSE PUBLIC PORTION
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the public portion of this Town Board meeting is closed.
Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 423 SEQRA DECLARATION AND DESIGNATION OF LEAD AGENCY MUNICIPAL AQUATIC FACILITY
& COMMUNITY CENTER/RPC
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the construction of the municipal aquatic facility and community center project on town-owned land at the Rockland Psychiatric Center property is a Type 1 action as defined by the New York State Environmental Quality Review Act (SEQRA), copy is labeled Exhibit 7-C-03 and made a part of these minutes and declare the Town of Orangetown lead agency for purpose of reviewing the environmental impacts of the proposed project.
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 424 APPROVE/AID/GUINNESS OYSTER FESTIVAL/TOMMY DUNN/POLICE ATHLETIC LEAGUE
Councilwoman Manning offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the request of Tommy Dunn for aid, for the use of the Showmobile, for the Guinness Oyster Festival of which partial proceeds will benefit the Police Athletic League, to be held in Piermont on August 31, 2003 with costs to be charged to Celebrations Account #A7550 is approved.
Ayes: Councilpersons Manning, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 425 APPOINT/CTY INTER-GOVERNMENTAL TASK FORCE/O’DONNELL
Councilman Fisher offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Councilman Denis O’Donnell is hereby appointed to the County Inter-Governmental Task Force for Volunteer Emergency Service Responder Recruitment-Retention.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 426 APPROVE/AID/PEARL RIVER CHAMBER/SUMMERFEST
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the request of the Pearl River Chamber of Commerce for the use of two portable toilets, trash receptacles, highway barricades and $500.00 for the Pearl River SummerFest to be held in Pearl River on July 25-26, 2003 to be charged to Celebrations Account # 7550/0457 is approved.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 427 MEMORIALIZING RESOL
FRESH KILLS LANDFILL
WORLD TRADE CENTER
Councilman Troy offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:
WHEREAS, the unprovoked terrorist attacks that took place on September 11, 2001 resulted in the deaths of thousands of innocent people, injury to countless others, and disruption of innumerous lives, and
WHEREAS, among the victims of this depraved act were civilian, government workers, police officers and fire fighters, several of whom resided in the Town of Orangetown, and
WHEREAS, the remains of many victims of the attack of the World Trade Center were never identified, and
Resolution No. 427 – Continued
WHEREAS, the ashes from the World Trade Center site which include the remains of the victims of September 11, 2001 have been held at the Fresh Kills Landfill in Staten Island, New York, and
WHEREAS, it is fitting and proper for the Port Authority of the State of New York and New Jersey to honor the victims of the September 11, 2001 attacks by returning their ashes to the site of a memorial to be constructed at the World Trade Center in their memory,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Orangetown that it hereby requests the Port Authority of New York and New Jersey to honor the memory of the victims of the World Trade Center, and
BE IT FURTHER RESOLVED, that the Supervisor’s Office is hereby directed to forward a copy of this resolution to the Hon. Anthony R. Coscia, Chairman of the Board of Commissioners of the Port Authority of New York and New Jersey, Hon. George Pataki, Governor of the State of New York, Hon. James McGreevey, Governor of the State of New Jersey, Hon. Michael Bloomberg, Mayor of the City of New York, Hon. Charles E. Schumer, U.S. Senator, Hon. Hillary Rodham Clinton, U.S. Senator, Hon. Eliot Engel, M.C., Hon. Sue Kelly, M.C., Hon. Nita M. Lowey, M.C., Hon. Thomas Morahan, NYS Senator, Hon. Nancy Calhoun, NYS Assemblywoman, Hon. Alexander Gromack, NYS Assemblyman, Hon. Ryan Karben, NYS Assemblyman, Hon. Howard Mills, NYS Assemblyman, Hon. C. Scott Vanderhoef, Rockland County Executive, Hon. Charles E. Holbrook, Supervisor, Town of Clarkstown, Hon. Howard T. Philips, Supervisor, Town of Haverstraw, Hon. Steven M. Hurley, Supervisor, Town of Stony Point, Hon. Christopher P. St. Lawrence, Supervisor, Town of Ramapo.
Ayes: Councilpersons Troy, Fisher, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 428 COMBINE AGENDA ITEMS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that agenda items ten (10) through thirteen (13) are combined, agenda items nineteen (19) through twenty-seven (27) are combined and agenda items thirty (30) through thirty-nine are combined.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 429 POLICE REGULATION
NO COMMERCIAL TRAFFIC
N MIDDLETOWN & VETERANS PKY/PEARL RIVER
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that installation of a “No Commercial Traffic” sign be installed at the corner of North Middletown Road and Veterans Parkway, Pearl River is approved.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 430 AUTHORIZE/AGREEMENT
STAT HEALTH INDUSTRIAL SERVICES/HEPATITIS B VACC
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Finance Director is authorized to sign a contract with STAT HEALTH INDUSTRIAL SERVICES of West Nyack for administration of Hepatitis B vaccine and related record keeping services for Town employees at a cost of $50.00 per injection per employee to be charged to appropriate accounts.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 431 APPROVE 2003 BUDGET ADJUSTMENTS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the 2003 budget is amended to reflect snow removal costs and other spending changes, copy of amendments is labeled Exhibit 7-D-03 and made part of these minutes.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 432 ADV BIDS/LEAF VACUUM MACHINE/HIGHWAY DEPT
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Highway Dept. is hereby authorized to advertise for sealed bids for one (1) new leaf vacuum machine, and, Be It
RESOLVED FURTHER, that bids are to be received by 10:30 a.m., Wednesday, August 6, 2003, and 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: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 433 APPOINT/ASST OPERATOR WASTEWATER III/DEPT ENVIRON MGT & ENG
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that employee, James O’Connell, is appointed to the position of Assistant Operator Wastewater III, trainee, grade 14, annual salary of $66,354.00, effective March 27, 2003.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
RSOLUTION NO. 434 ESTABLISH/MOTOR EQUIPMENT OPERATOR II
HIGHWAY DEPARTMENT
Councilman Fisher offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the position of Motor Equipment Operator II, grade 13, in the Highway Department is established.
Ayes: Councilpersons Fisher, Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 435 APPOINT/RECORDS CLERK-TYPIST (LAW ENFORCEMENT)
CHRISTINE KERN/POLICE DEPT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that provisional employee, Christine Kern, is appointed to the position of Records Clerk-Typist (Law Enforcement), in the Police Records Department, permanent, from Eligible List #03045, grade 6-2, annual salary $31,780.00.00, effective July 22, 2003.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 436 APPOINT/SECRETARIAL ASSISTANT II/CAROL RAPATSKI/POLICE DEPT
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that Carol Rapatski is appointed to the position of Secretarial Assistant II in the Police Department, grade 10-5, annual salary $43,327.00, effective
September 1, 2003.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 437 APPOINT/SECRETARIAL ASSISTANT (LEGAL)/HARRIET MARINI/TOWN ATTORNEY
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that provisional employee, Harriet Marini, is appointed to the position of Secretarial Assistant (Legal), in the Town Attorney’s Office, permanent, from Eligible List #03144, grade 12-10, annual salary $52,405.00, effective July 22, 2003.
Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 438 PERMISSION GRANTED
POLICE DEPT/STATE OF NY POLICE JUVENILE OFFICERS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that six police officers are authorized to attend the State of New York Police Juvenile Officers Association 27th Annual Training Conference in Ithaca, NY on August 28-29, 2003 at a cost of $1,399.22 to be charged to Account #B13120/0441/0480.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 439 PERMISSION GRANTED
POLICE DEPT/STATE OF NY POLICE JUVENILE OFFICERS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that one police officer is authorized to attend the State of New York Police Juvenile Officers Association 27th Annual Training Conference in Ithaca, NY on August 24-29, 2003 at a cost of $859.49 to be charged to Account #B13120/0441/0480.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 440 AUTHORIZE/APPROVE EXTENSION OF CARETAKER AGREEMENTS/BORST & NIKE PARKS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings, the Supervisor is authorized to approve the extension of the caretaker agreements at Borst Park and Nike Park, with a three (3%) increase for the period from
August 1, 2003 through July 31, 2004.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 441 AWARD BID/REHIBILATION OF TENNIS COURTS/PARKS DEPT
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
WHEREAS the Parks Department duly advertised for sealed bids for tennis and other asphalt court refurbishment at various parks, which were received and publicly opened on July 15, 2003, and
WHEREAS, these bids were referred to the Department of Parks, Recreation & Building Maintenance, for recommendation and report, a copy is labeled Exhibit 7-E-03, and made a part of these minutes, NOW, Therefore, Be It,
RESOLVED, that the bids for tennis and other asphalt court refurbishment at various parks is hereby awarded as follows:
Items 1, 2 and 3 to Copeland Coating Company of Nassau, NY – $175,905.00
(the only qualified bidder)
Resolution No. 441 – Continued
Item 4 to Sita Construction, Inc. of Goshen, NY – $126,440.00
(the lowest bidder)
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 442 PERMISSION GRANTED
NATIONAL RECREATION & PARK ASSOC EXHIBIT/CONF
RICHARD L. ROSE, JR.
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings, Richard L. Rose, Jr. is approved to attend the 2003 national Recreation and Park Association Annual Exhibition and Conference from October 21-25, 2003 in St. Louis, MO at no cost to the Town of Orangetown.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 443 APPROVE/P.I.L.O.T AGREEMENT/ DHS SYSTEMS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that P.I.L.O.T. Agreement between DHS Systems, L.L.C and the Town of Orangetown, the South Orangetown Central School District, the County of Rockland and the Rockland County Industrial Development Agency for property located at 33 Kings Highway, Orangeburg, NY, Tax Map No. 74.11-2-5 is approved.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 444 ACCEPT/TAX CERTIORARI APPRAISAL FEE PROPOSAL FROM ALBERT VALUATION
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Supervisor is authorized to accept the tax certiorari appraisal fee proposal from Albert Valuation Group, Inc. for the appraisals of two (2) Union State Bank properties (SBL 74.10-1-71, 100 Dutch Hill, Orangeburg and SBL 69.09-2-1, 230 North Middletown Rd, Pearl River) for a total of $24,000.00 to be charged to Account #A1355/50485.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 445 AUTHORIZE/AGREEMENT
WASSERMAN GRUBIN & ROGERS, LLP/TRATAROS CONSTRUCTION
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
Resolution No. 445 – Continued
RESOLVED, that the Supervisor is authorized to execute and deliver a retainer agreement with Wasserman Grubin & Rogers, LLP, 1700 Broadway, New York, NY, 10019, for the latter to undertake legal representation of the town regarding the lawsuit of Trataros Construction v. Town of Orangetown v. Fellows, Read Associates, Inc., et al. (Rockland Supreme Index #3564/96; Aplt. Div. 2nd Dept. Docket #2003-05330/05331), at the hourly legal fee rates and other terms and conditions set forth in the attached contract for legal services, and authorize said law firm to engage experts for trail support and testimony, including, but not necessarily limited to, Issa S. Oweis, Ph.d and P.E., Geotechnical Engineering expert ($203 per hour) and Professor Michael J. Giaramita of Carter & Burgess, Inc., Construction Scheduling Expert ($275 per hour).
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 446 AUTHORIZE/CONTINUANCE AGREEMENT/CICCOTTO/
ECKART, MEISTERFELD AND SKANEATELES/TRATAROS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Supervisor is authorized to continue the retainer agreement between the Town of Orangetown and Peter Ciccotto, P.E., Bayside, New York, and Eckart Meisterfeld, Skaneateles, New York, as the Town’s expert consultants, construction claims investigators and analysts, to provide litigation and trial support, and to act as expert witnesses to the Town including their testimony at trial, regarding litigation between Trataros Construction, Inc. as contractor, and the Town of Orangetown as owner, and Fellows, Read Associates, Inc., et al, as design engineers, concerning the Town’s Wastewater Treatment Plant Expansion Project, at independent contractors’ compensation rate of $100.00 per hour, per expert consultant, not to exceed a total of 500 hours to be expended by both consultants together, as anticipated, in addition to said experts’ costs, expenses and disbursements (e.g., motel and car rental charges, bridge and highway tolls, travel mileage at 34.5 cents per mile). This Resolution shall be in continuance of Resolution No. 199, adopted on March 24, 2003. (Town Attorney)
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 447 DECLARE R.S.S.S. CORP.
and its Principals: RICHARD STEINBERG AND BARBARA STEINBERG AND JEFFREY STEINBERG AND DAVID STEINBERG’S PERFORMANCE BOND IN DEFAULT/PINE GLEN PARK SUBDIVISION
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
WHEREAS, due to the failure of R.S.S.S. Corp. and its principals, Richard Steinberg and Barbara Steinberg and Jeffrey Steinberg and David Steinberg, or any related party, to fully perform, complete and/or install all of the required public improvements for “Pine Glen Park Subdivision” (Sgt. Parker Dr., Blauvelt), as stipulated under the Planning Board Decisions: PB #89-182 (11/08/89), PB #89-95 (06/28/89), PB #89-35 (03/22/89), PB #88-159 (10/26/88), PB
#88-144 (08/03/88), PB #88-91 (05/11/88), PB #88-18 (02/24/88), PB #87-168 (10/28/87), PB #87-145 (09/30/87), PB #87-129 (07/29/87), PB #87-120 (07/22/87) and PB #87-94 (06/10/87); and as set forth in the demand letter for such performance, completion and/or installation transmitted by the Supervisor to R.S.S.S. Corp. and its principals on March 28, 2003, and
Resolution No. 447 – Continued
pursuant to the terms of the Performance Bond executed and delivered by R.S.S.S. Corp. and its said principals, as Principal under the Bond, dated September 27, 1993, and upon hearing the presentation of the Superintendent of Highways, the Director of Environmental Management and Engineering, and the Town Attorney, regarding the public improvement work items required to be performed, completed and/or installed; Now Therefore, Be It
RESOLVED that the Town Board hereby declares that R.S.S.S. Corp. and its principals have defaulted to a full and material extent on the aforementioned Performance Bond, as a result of the failure of R.S.S.S. Corp. and its said principals to fully perform, complete and/or install all of the public improvement work items set forth in the March 28, 2003 demand letter of the Supervisor; and Be It
RESOLVED FURTHER that the Town Supervisor is hereby authorized and directed to “call,” draw down and/or make claim against the Performance Bond given by R.S.S.S. Corp. and
its said principals, as Principal under the Bond, issued by Colonial Insurance in the amount of $444,330.00, and to institute a civil action against Jeffrey Steinberg, David Steinberg, Barbara Steinberg, Richard Steinberg and/or R.S.S.S. Corp.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 448 TABLED/DECLARE BROOKVELT, INC. and its Principals: ISRAEL GOLDBERGER and ALEX GOLDBERGER’S PERFORMANCE BOND IN DEFAULT/SPARKILL GLEN SUBDIVISION
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adjourned:
RESOLVED, to adjourn the following Resolution until the Regular Town Board Meeting of September 8, 2003.
WHEREAS, due to the failure of Brookvelt, Inc. and its principals, Israel Goldberger and Alex Goldberger, or any related party, to fully perform, complete and/or install all of the required public improvements for “Sparkill Glen Subdivision” (Lanram Road, Sparkill), as stipulated under the Planning Board Decisions: PB #96-57 (04/24/96), PB #92-82 (10/14/92), PB #92-15 (03/25/92), PB #91-55 (06/26/91) and PB#90-125 (10/24/90); and as set forth in the demand letter for such performance, completion and/or installation transmitted by the Supervisor to Brookvelt, Inc. and its said principals on March 28, 2003, and pursuant to the terms of the Performance Bond and Letter of Credit executed and delivered by Israel Goldberger, as Principal under the Bond, dated April 30, 1993, and upon hearing the presentation of the Superintendent of Highways, the Director of Environmental Management and Engineering, and the Town Attorney, regarding the public improvement work items required to be performed, completed and/or installed; Now Therefore, Be It
RESOLVED that the Town Board hereby declares that Brookvelt, Inc. and its principal(s) have defaulted to a full and material extent on the aforementioned Performance Bond and Letter of Credit, as a result of the failure of Brookvelt, Inc. and its said principal(s) to fully perform, complete and/or install all of the public improvement work items set forth in the March 28, 2003 demand letter of the Supervisor; and Be It
RESOLVED FURTHER that the Town Supervisor is hereby authorized and directed to “call,” draw down and/or make claim against the Letter of Credit given by Brookvelt, Inc. and/or its principal(s) as security for the Performance Bond, such Letter of Credit having been issued by Union State Bank, in the amount of $30,000.00, by the delivery of a site draft and notice to be executed and delivered by the Supervisor, in appropriate form, from the Town of Orangetown as Beneficiary to Union State Bank, pursuant, inter alia, to the following language as set forth in the Letter of Credit No. 1504, dated May 31, 1996:
Resolution No. 448 – Continued
“This drawing represents monies due the Beneficiary pursuant to, and in accordance with, and as required by PB #96-57 (04/24/96), PB #92-82 (10/14/92), PB #92-15 (03/25/92), PB #91-55 (06/26/91) and PB#90-12 (10/24/90), adopted by the Planning Board of the Town of Orangetown relative to “Sparkill Glen Subdivision.”
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 449 ACCEPT/RECEIVE/FILE PERFORMANCE BOND MANHATTAN WOODS HOME & LAND COMPANY, LLC
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, Performance Bond No. SB0086262 in the sum of $137,208.00 from Manhattan Woods Home & Land Company, LLC, a New York Limited Liability Company, as Principal, and XL Specialty Insurance Company, as Surety, in favor of the Town of Orangetown, as Obligee, in connection with a certain subdivision known as “Manhattan Woods Estates” (and proposed to be renamed “The Legends at Manhattan Woods”) is accepted, received and filed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 450 RECEIVE/FILE/CONTRACT SACCARDI & SCHIFF, INC SENIOR HOUSING AND RECREATION ZONING
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Contract for Professional Services for Senior Housing Zoning and for Master Planning at Rockland Psychiatric Center property including the Creation of a Recreation Zone between the Town of Orangetown and Saccardi & Schiff, Inc is received and filed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 451 RECEIVE/FILE/ROAD WIDENING DEED/HUDSON VIEW SUBDIVISION
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Deed for Dedication of Road Widening Strip, Upper Grandview from Nalan Realty Corp, dated March 17, 1998 for Hudson View Subdivision, which was recorded in the Rockland County Clerk’s Office on June 11, 2003 (Instrument ID# 2003-00039624) is received and filed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
RESOLUTION NO. 452 RECEIVE/FILE/DEED DEDICATION OF TREELINE TERRACE/HUDSON VIEW SUBDIVISION
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Deed – Dedication of Treeline Terrace, Upper Grandview from Nalan Realty Corp, dated March 17, 1998 for Hudson View Subdivision, which was recorded in the Rockland County Clerk’s Office on June 11, 2003 (Instrument ID# 2003-00039626) is received and filed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 453 RECEIVE/FILE/P.I.L.O.T AGREEMENT/MAGNUM DEVELOPMENT GROUP LLC
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Payment in Lieu of Taxes (PILOT) Agreement Between Magnum Development Group, LLC, County Of Rockland Industrial Development Agency, The Town Of Orangetown and the Pearl River School District dated July 16, 2003 is received and filed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 454 RECEIVE/FILE/ARCHITECT AGREEMT (AIA DOC B141-1997)
AQUATIC/COMMUNITY /RPC
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Standard Form of Agreement Between Owner and Architect (AIA Document B141-1997) With Standard Form of Architect’s Services for the Aquatic Facility and Community Center at the Rockland Psychiatric Center property is received and filed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 455 RECEIVE/FILE/AGREEMENT LAWLER, MATUSKY & SKELLY WETLANDS DELINEATION STUDY/RPC
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Professional Services Agreement between Lawler, Matusky & Skelly Engineers, LLP and the Town of Orangetown for Five Freshwater Wetlands Delineation Study at the Rockland Psychiatric Center property is received and filed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 456 ADV BID/HIGHWAY DEPT GRANITE CURBING/SIDEWALK REHABILATION/CENTRAL AV
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Highway Department is hereby authorized to advertise for sealed bids for granite curbing and sidewalk rehabilitation on the north side of Central Avenue, Pearl River, from John Street to North Main Street, and Be It
RESOLVED FURTHER, that bids are to be received by 10:30 a.m., Wednesday, September 10, 2003, 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: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 457 AUTHORIZE/AGREEMENT HOUSE INSPECTION COMPANY BLAISDELL HOUSES/DEPEW HOUSE/RPC
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Director of the Office of Building, Zoning, Planning, Administration and Enforcement is authorized to enter into a professional services agreement
with a housing inspection company to conduct inspections of the thirteen Blaisdell houses and the Depew house for an amount not to exceed $15,000.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 458 ACCEPT MINUTES
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Regular Town Board and Audit minutes of June 23, 2003, Special Town Board (Police Commission) minutes of June 30, 2003 are accepted.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
New Business
A conversation took place among the Town Board, regarding a new member to be appointed to the Open Space Committee. Upon a lengthy discussion, it was decided to address this matter at a later date.
RESOLUTION NO. 459 APPOINT/BD OF ETHICS
JACK LUKENS
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
Resolution No. 459 – Continued
RESOLVED, that Jack Lukens of Tappan is appointed to the Board of Ethics.
Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 460 CHIP SEALING/SPARKILL FIRE DEPT/HIGHWAY DEPARTMENT
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Highway Department is authorized to provide the Sparkill Fire Department with the service of “Chip Sealing”. The Sparkill Fire Department, as required by Municipal Law, will reimburse the Highway Department.
Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 461 ENTER AUDIT
Councilman Manning offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:
RESOLVED, that this Town Board enters Audit Meeting at 10:20 p.m.
Ayes: Councilpersons Manning, Fisher, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 462 PAY VOUCHERS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for General Fund, Town Outside Villages, Blue Hill, Highway, Sewer, Capital Projects, Risk Retention and Utilities in the amount of $2,036,714.73.
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 463 PAY MANUAL & ESCROW CHECKS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay Manual Checks in the amount of $24,554.62 and escrow releases in the amount of $31,000.00, for a total amount of $55,554.62.
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 464 RE-ENTER EXECUTIVE SESSION
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that this Town Board re-enters executive session to discuss particular contractual matters and other litigation at 10:34 p.m.
Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 465 RE-ENTER RTBM
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that this Town Board re-enters the Regular Town Board meeting at 10:57 p.m.
Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 466 ADJOURNMENT/MEMORY
Councilwoman Manning offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 10:57 p.m. in memory of John Rocco, Pearl River, Valerie Mammana, Director of Tappan Library, and Lorraine O’Brien, Pearl River.
Ayes: Councilpersons Manning, Fisher, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
____________________________
Charlotte Madigan, Town Clerk
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