Meeting Overview

TOWN OF ORANGETOWN
REGULAR TOWN BOARD & AUDIT MEETING MARCH 24, 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
Thomas O’Connell, Deputy Town Attorney
Suzanne Barclay, Executive Assistant to Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Kevin Nulty, Chief of Police
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
John Giardiello, Director, OBZPAE
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.).

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

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ANNOUNCEl\fENTS

BH & A Pool proposal was negotiated and contract to be signed. PUBLIC PORTION
Ellen McCarty, Tappan, discussed with the Town Board the status of her retaining wall, the release of the Performance Bond and should monies be held to cover the landscaping by the developer. Ruth Webber, Upper Grandview Association, spoke about government becoming too large. Concerned about cost of permits to citizens. Legislation unnecessary regarding landscaping and snowplowing permits.
Trish Moran, Pearl River, commended the outstanding presentations of all the pool proposals. Concerned about the Rockland Psychiatric Center development and how will this effect traffic along Veteran’s Memorial Drive.
Eileen Larkin, Palisades, questions for Town Board – when will zoning be addressed for Rockland
Psychiatric Center, Senior Housing, Cablevision Contract, Route 340 signage.
Andrew Wiley, Pearl River, spoke about his building permit fee, his concerned about litter, residential housing already in existence in Rockland Psychiatric Center, would like to see this addressed a.s.a.p. as a ratable.
Julie Temlper, Curator of The Orangetown Museum. If anyone has any historic information regarding the Sparkill Creek to please call her at 735-0429.
Tom Dinan, Pearl River, requested a copy of polling places for Pearl River.

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RESOLUTION NO. 189 CONSOLIDATE AGENDA ITEMS Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that agenda items One (1) through twenty-one (21) are hereby combined as one.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 190 ADOPTED/AID/GREAT
AMERICAN FAIR/PEARL RIVER

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that aid to the Pearl River Chamber of Commerce for its annual Great American Fair at the Pearl River field on Sunday, April 27, 2003 by providing 4 portable toilets (1 handicapped accessible) and dumpsters (clean-up and pick-up) for April 25 -April 28 to be charged to celebrations account #A 7550/50457, is hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 191 ADOPTED/AID/PEARL RIVER LION’SCLUB/FLEA MARKET

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that aid to the Pearl River Lion’s Club for its annual Flea Market at the Pearl River Central A venue Field on Saturday, May 10 (rain date May 11) by providing 4 portable toilets (1 handicapped accessible), eight large waste receptacles and one dumpster (clean-up and
pick-up) to be charged to celebrations account #A7550/50457. Permission is also requested to hang a banner across Central A venue one week prior to the event are hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 192 ADOPTED/AID/PEARL RIVER EASTER PARADE

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that aid to the People’s Council of Pearl River for its Easter parade on Sunday, April 20 beginning at 11:15 a.m. by barricading North William from East Washington to Central Avenue and Central Avenue from William to John Street and by providing the Showmobile, 2 (two) portable toilets (1 handicapped accessible) and waste receptacles (clean-up and pick-up) is hereby approved.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 193 DESIGNATE/DEPEW HOUSE ORANGETOWN HISTORICAL MUSEUM & ARCHIVES

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that the DePew house at the comer of Blaisdell Road and Veteran’s
Highway is dedicated for the use of the Orangetown Historical Museum and Archives.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 194 POLICE REGULATIONS/ADOPTED
MUNICIPAL LOT #1/CENTRAL AVE & WASHING TON AVE

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

RESOLVED, that police regulations for a six (6) month trial period, removal existing one-way traffic sign at Municipal Lot #1 between Central and Washington Avenues in Pearl River to allow two-way traffic flow is hereby adopted.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 195 POLICE REGULATIONS/ADOPTED WILLIAM ST/WASHING TON ST SPARKILL

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

RESOLVED, that police regulations for a six (6) month trial period, install a “Stop” sign at William and Washington Streets in Spark.illis hereby adopted.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 196 PERMISSION GRANTED HIGHWAY SUPERINTENDENT JIM DEAN

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

RESOLVED, that permission is granted to the Highway Superintendent to attend the Solid Waste/Recycling Conference in Bolton Landing, NY on May 4-7, 2003 at a cost of $660.00 to be charged to Account# A5010/0441-0480.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 197 AUTHORIZE/AGREEMENT THE NOBLE NINTH, INC. SUMMER CAMP

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 hereby authorized to sign the letter-extension agreement providing the
Town with the use of the picnic grounds of The Noble Ninth, Inc. in Tappan as a summer camp for the period commencing Monday, July 7, 2003 through Friday, August 15, 2003.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 198 APPROVE/RENEWAL/SUMMER
CAMP/RINALDI BUS COMPANY

Councilman Troy offered the fo1lowingresolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings, renewal of the contract between the Town of Orangetown and Rinaldi Bus Company for the summer of 2003-Day Camp Program is hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 199 AUTHORIZE/AGREEMENT
PETER CICCOTTO/ECKART MEISTERFELD

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

RESOLVED, that the Supervisor is hereby authorized to execute and deliver a retainer agreement with Peter Ciccotto, P.E., Bayside, NY and Eckart Meisterfeld, Pearl River, NY as the Town’s expert consultants, construction claims investigators and analysts to provide litigation and trial
support, and act as expert witnesses to the Town including testimony at trial regarding litigation between
Trataros Construction, Inc., as contractor, and the Town of Orangetown as owner, concerning the Town’s Wastewater Treatment Plant Expansion project, at an independent contractor compensation rate of $100.00 per hour, per expert consultant, not to exceed a total of 500 hours to be expended by both expert consultants combined together, as anticipated, in addition to said experts’ costs, expenses and disbursements (e.g., bridge and highway tolls, travel mileage at 34.5 cents per mile.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 200 DEDICATION/MAINTENANCE
PURPOSE/KING’S RIDGE/SGT. BOLLINGER CT/JOY BUILDERS

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

RESOLVED, that upon the recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering and the Superintendent of Highways, the offer of dedication and deed conveying to the Town of Orangetown, that certain road, street or avenue with the improvements hereon and there under shown and designated as “Sergeant J. Newton Bollinger Court,” on a certain subdivision map entitled “King’s Ridge located at Town of Orangetown, Rockland Co., New York,” and filed in the Rockland County Clerk’s office on March 29, 1999 in Book 119 of Maps, at page 67 as Field Map No. 7235, is hereby respectively, accepted and received, for maintenance purposes, as a Town road.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 201 RELEASE PERFORMANCE BOND/ GEORGETOWN MANOR SUBDIV/ HERMES BUILDERS

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering and the Superintendent of Highways, the release of Performance Bond No.L02146 issued by Colonial Insurance Company as surety, in the amount of $135,000 in connection with the Georgetown Manor Subdivision (70.09-3-2) is hereby released to John Bouzoucos as president of Hermes Builders Inc.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 202 RELEASE PERFORMANCE BOND/ RYERSON ESTATE SUBDIV/ WILLIAM BRODSKY

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

RESOLVED, that upon the recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering and the Superintendent of Highways, the release of Performance Bond No.000961530 issued by International Fidelity Insurance Co. as surety in the amount of $225,924.00 in connection with the Ryerson Estate Subdivision (77.15-1-64) is hereby released to William Brodsky.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 203 PERMISSION GRANTED
NYS TOWN CLERKS ASSOC TOWN CLERK

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

RESOLVED, that permission is granted to the Town Clerk to attend the NYS Town Clerks Association Conference in Buffalo, NY on April 27- 30, 2003 at a cost of $838.00 to be charged to Account #A1410/0441-0480.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 204 AMEND RESOLUTION NO. 55/03
ROCKLAND CTY FIREMAN’S PARADE/PEARL RIVER

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

RESOLVED, that aid to the Pearl River Hook and Ladder Company No. I, as host for the Rockland County Fireman’s Parade to be held on September 6, 2003, for the use of the Showmobile, trash receptacles, barricades and 20 Porto sans, 2 being handicapped with charges made to account
#A7550/50457.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
RTBM 3/24/03 6

RESOLUTION NO. 205 ACCEPT MINUTES Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:

accepted.

RESOLVED, that Regular Town Board and Audit minutes of March I0, 2003 are hereby

Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Abst: Councilman Fisher
Noes: None
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RESOLUTION NO. 206 APPROVE/ELECTION DISTRICTS

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

RESOLVED, that upon the recommendation of the Town Clerk, the Town Board approve the attached Election Districts, labeled Exhibit 3-C-03, and made part of these minutes, as provided by the Rockland County Board of Elections under Section 4-100.6 of the New York State Election Law, necessitated by the Rockland County Legislature Reapportionment, are hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
***

RESOLUTION NO. 207 ADOPTED/CERT. OF REG.
2003 PLUMBERS’ LICENSE

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

RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration 2003 (Plumber’s License) for Joe D’Auria, dlb/a J.D. Backhoe & Trucking, Phoenix Excavators Corp. and Ronald J. Tarigo are hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *

RESOLUTION NO. 208 ACCEPT/APPROVE
PAYMENT IN LIEU OF TAXES AGREEMENT/ROCKLAND CTY INDUST DEVEL/MAGNUM DEVEL

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

RESOLVED, that the Payment in Lieu of Taxes Agreement between the Rockland
County Industrial Development Agency and Magnum Development Group, LLC (Zagwear), 33
Corporate Dr., Orangeburg, NY (Section 73.19 Block I Lot 9) which has been approved by the Pearl
River School District is hereby approved and accepted.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
RTBM 3124103 7
RESOLUTION NO. 209 ACCEPT/APPROVE
PAYMENT IN LIEU OF TAXES
AGREEMENT/ROCKLAND CTY INDUST DEVEL/ALUF REAL PROP

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that the Payment in Lieu of Taxes Agreement between the Rockland
County Industrial Development Agency and Aluf Real Property, Inc. (“API” Industries, Inc.), 2
Glenshaw St., Orangeburg, NY (Section 70.18 Blk 2 Lot 15) and 4-10 Glenshaw St., Orangeburg, NY (Section 70.18 Blk 2 Lot 16.1) which has been approved by the South Orangetown School District is hereby approved and accepted.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *

RESOLUTION NO. 210 SET DATE PHJW ATER COURSE DIVERSION/ALUF REAL PROP

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that the date of April 14, 2003, 8:00 P.M., is set for a public hearing to consider a permit for a Water Course Diversion, for Aluf Real Property, Inc., Orangeburg, NY (Section 70.18 Block 7 Lot 17).

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *

RESOLUTION NO. 211 AUTHORIZE/AGREEMENT BH & A/TOWN POOL

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

RESOLVED, that the Supervisor is authorized to execute and deliver a contract with BH & A (Bargmann Hendrie and Archetype, Inc.), 316 Summer St., Boston, MA 02210-1710 as the Town’s architect and designer for the Town Pool and Community Center Complex at Rockland Psychiatric Center.

Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 212 ADOPTED/AID/PEARL RIVER
ST. PATRICK’S DAY PARADE

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

RESOLVED, that additional aid of additional port of sans for the Pearl River St. Patrick’s Day parade with charges made to account# A7550/50457 is hereby approved.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
RTBM 3124/03 8
RESOLUTION NO. 213 SET DATE PWRECONVENE LOCAL LAW/SNOWPLOWING

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
. RESOLVED, that the date of April 14, 2003, 8:10 p.m. is set for the continuation of a Public Hearing to consider the adoption of a proposed local law Regulating Snowplowing in the Town of Orangetown. This Public Hearing is being continued from March 10, 2003.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 214 SETDATEPWRECONVENE/LL
LANDSCAPERS/TREE SURGEONS

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that the date of April 14, 2003, 8:20 p.m. is set for the continuation of a Public Hearing to consider the adoption of a proposed local law Regulating Landscapers and Tree Surgeons in the Town of Orangetown. This Public Hearing is being continued from March 10, 2003.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 215 ENTER AUDIT

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board enters Audit Meeting at 9:20 P.M. Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 216 PAY VOUCHERS

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell 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, and Risk Retention in the amount of $309,238.70.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 217 PAY MANUAL&
ESCROW CHECKS

Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay Manual Checks in the amount of $865.00.

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
RTBM 3/24/03 9
RESOLUTION NO. 218 ADJOURNMENT/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilman
O’Donnell and was unanimously adopted:

RESOLVED, that this meeting is hereby adjourned at 9:40 P.M. in memory of
Sarah Boyle (Thorpe Village).

Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None

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CharlotteMadigan,Town Clerk