MINUTES OF THE REGULAR MEETING OF THE RAMAPO TOWN BOARD HELD ON AUGUST 8, 2007

 

The Town Board of the Town of Ramapo convened in Regular Session on Wednesday, August 8, 2007 in the Edwin Wallace Auditorium of Ramapo Town Hall, 237 Route 59, Suffern, New York.

 

Supervisor Christopher P. St. Lawrence called the meeting to order and Town Clerk, Christian G. Sampson called the roll.  The following board members were present and answered to their names:

 

     Present:          Supervisor               Christopher P. St. Lawrence

                             Councilwoman         Frances M. Hunter

                             Councilman              Edward Friedman

                             Councilman              David J. Stein

 

                             Town Attorney         Michael L. Klein

                             Town Clerk              Christian G. Sampson

 

Deputy Supervisor Hunter led the assembled group in the Pledge of Allegiance.

 

ESTABLISH SECRETARIAL ASSISTANT I (LFT) – ASSESSOR’S

The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007-444

     WHEREAS, the Assessor has recommended the classification of a Secretarial Assistant I (LFT) in the Town of Ramapo Assessor’s Office, and

     WHEREAS, the Rockland County Personnel Office has classified the position of Secretarial Assistant I (LFT),

     NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ramapo that the Board authorizes the establishment of the position of Secretarial Assistant I (LFT).

 

 

APPOINT SECRETARIAL ASSISTANT I (LFT) – ASSESSOR’S

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007-445

     WHEREAS, there is a vacancy in the position of Secretarial Assistant I (LFT) in the Town of Ramapo Assessor’s Office, and

     WHEREAS, The Assessor has made the following recommendation,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Board does hereby appoint Randi Landau, Airmont, New York, Provisional Secretarial Assistant I (LFT), effective August 13, 2007 at the annual salary of $29,191 ($22.3686 hourly).

SOURCE OF FUNDS:OPERATING BUDGET 1355A.3100

 

 

RECLASSIFICATION OF GROUNDSWORKER TO ASSISTANT MAINTENANCE MECHANIC – P&R

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

                                                          Resolution No. 2007-446

     WHEREAS, the Director of Parks & Recreation has recommended the re-classification of the position of Groundsworker  to Assistant Maintenance Mechanic at the Town of Ramapo Department of  Parks & Recreation, and

     WHEREAS, the Rockland County Personnel Office has classified the position of Assistant Maintenance Mechanic,

     NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ramapo that the Board authorizes the establishment of the position of Assistant Maintenance Mechanic.

SOURCE OF FUNDS:   OPERATING BUDGET 7110A.3100

                                                                                   

APPOINT ASSISTANT MAINTENANCE MECHANIC – P&R

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007-447

     WHEREAS, there is a vacancy in the position of Assistant Maintenance Mechanic at the Town of Ramapo Parks and Recreation Department, and

     WHEREAS, The Director of Parks and Recreation has made the following recommendation,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Board does hereby appoint Ronald Call, Florida, New York, Assistant Maintenance Mechanic effective August 13, 2007 at the annual salary of $47,310.

SOURCE OF FUNDS: 7110A:3100 OPERATING BUDGET                                                                                               

 

RECLASSIFY SENIOR ACCOUNT CLERK TYPIST (F/T) TO SENIOR ACCOUNT CLERK TYPIST (LFT) – BUILDINGS & GROUNDS

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007-448

     WHEREAS, the Supervisor has recommended the re-classification of the position of Senior Account Clerk Typist (FT) in the Building and Grounds Department to Senior Account Clerk Typist (LFT), and

     WHEREAS, the Rockland County Personnel Office has classified the position of Senior Account Clerk Typist (LFT),

     NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ramapo that the Board authorizes the establishment of the position of Senior Account Clerk Typist (LFT).

SOURCE OF FUNDS:   OPERATING BUDGET 1620A.3100

 

                                                                                   

APPOINT SENIOR ACCOUNT CLERK TYPIST (LFT) – BUILDINGS & GROUNDS

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007-449

     WHEREAS, there is a vacancy in the position of Senior Account Clerk Typist (LFT) at the Town of Ramapo Building and Grounds Department, and

     WHEREAS, The Supervisor, has made the following recommendation,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Board does hereby appoint Gitel Lefkowitz permanent Senior Account Clerk Typist from Civil Service List Number 06183 effective August 27, 2007, at the annual salary of $29,191 ($22.3686).

SOURCE OF FUNDS: OPERATING BUDGET 1620A.3100

 

 

APPOINT POLICE CAPTAIN

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007-450

     WHEREAS, there is a vacancy in the position of Police Captain at the Town of Ramapo Police Department, and

     WHEREAS, the Chief of Police has made the following recommendation,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Board does hereby appoint Thomas Cokeley, Pearl River, New York Contingent-Permanent Police Captain from Civil Service List Number 05152, effective August 11, 2007, at the annual salary of $150,599, excluding longevity.

SOURCE OF FUNDS: OPERATING BUDGET 3120AB.3100

 

 

AUTHORIZATION FOR SIX EMPLOYEES TO ATTEND ANNUAL NARCOTIC INVESTIGATORS INFORMATION SHARING CONFERENCE IN OCEAN CITY, MD – SEPTEMBER 17TH-20TH

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No.  2007 - 451

     WHEREAS, Police Chief Peter Brower, has requested authorization for  the following police personnel members to attend the 17th Annual Narcotic Investigators Information Sharing Conference in Ocean City, Maryland from September 17th-20, 2007, and

    WHEREAS, expenses include $110 each for registration, $89/night per person  for three nights and the balance for meals and transportation, at a cost not to exceed $3500.00 which will be funded through the Drug Forfeiture budget line

    NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that permission be hereby granted for  Chief Peter Brower, Sgt John Lynch, Detectives Thomas Byrnes, Thomas Dolan,  and Thomas Hatch and Police Officer Kenneth Joyce  to have overnight accommodations with total costs not to exceed $3500.00, and

    BE IT FURTHER RESOLVED that said expenses incurred by the above are to be considered a proper municipal charge under Town Law, Section 116(12) and General Municipal Law, Section 77b.

Source of Funds: 3120AB.3406

 

 

TRANSFER OF FUNDS: POLICE DEPARTMENT

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 –452

     WHEREAS, Police Chief Peter Brower has requested that the 2007 Town Budget be amended to allocate various funds within the Police Budget,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Ilan Schoenberger, the Director of Finance, is hereby authorized to amend the 2007 Town Budget as follows:

 

            Transfer $66,500 from Account No. 3120AB.3100 (Police salaries) to the following accounts:

 

            $12,000 to Account No. 3120AB3431 (Guns, belts, ammo)

            $20,000 to Account No. 3120AB3412 (Uniforms, clothing)

            $  5,000 to Account No. 3120AB3210 (Office furniture)

            $29,500 to Account No. 3120AB3446 (Property, repair and maintenance)

 

to re-allocate the requested funds.

 

 

TRANSFER OF FUNDS: PARKS & RECREATION

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007-453

     WHEREAS, the Parks & Recreation Department is required to perform several maintenance projects in order to prepare various Town facilities for use this summer, and

     WHEREAS, sufficient funds have not been allocated toward the above projects,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Ilan Schoenberger, the Director of Finance, is hereby authorized to amend the 2007 Town Budget as follows:

 

      Transfer $12,000 from Account 7110A.3104 (Seasonal salaries) to the following accounts:

 

$6,000 to Account No. 7110A.3446 (Property repair and maintenance)

$6,000 to Account No. 7110A.3482 (Parks maintenance special supplies)

 

to fund the above projects.

 

 

AMEND 2007 BUDGET: RECEIPT OF FUNDS: JOINT TERRORISM TASK FORCE

The  following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 – 454

     WHEREAS, the Town is in receipt of $1,367.04 from the Joint Terrorism Task Force, and

     WHEREAS, receipt of said funds is not reflected in the 2007 Town Budget,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby authorizes Ilan Schoenberger, the Director of Finance, to amend the 2007 Town Budget as follows:

 

            Increase Revenue Acct. AB.24390 by $1,367.04 and

            Increase Appropriations 3120AB.3101 (Police Overtime) by $1,367.04

 

to reflect receipt of the above funds.

 

 

AMEND 2007 BUDGET:  RECEIPT OF FUNDS: R.C. – DWI

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007 – 455

     WHEREAS, the Town is in receipt of $7,739.92 from the County of Rockland for DWI Overtime patrols, and

     WHEREAS, receipt of said funds is not reflected in the 2007 Town Budget,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby authorizes Ilan Schoenberger, the Director of Finance, to amend the 2007 Town Budget as follows:

 

            Increase Revenue Acct. AB.222601 (DWI) by $7,739.92 and

            Increase Appropriations 3120AB.3122 (Police Overtime DWI) by $7,739.92

 

to reflect receipt of the above funds.

 

 

AMEND 2007 BUDGET: RECEIPT OF FUNDS: R.C. – NARCOTICS TASK FORCE

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 – 456

     WHEREAS, the Town is in receipt of $17,500 from the Rockland County Narcotics Task Force, and

     WHEREAS, receipt of said funds is not reflected in the 2007 Town Budget,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby authorizes Ilan Schoenberger, the Director of Finance, to amend the 2007 Town Budget as follows:

 

            Increase Revenues: AB.227706 (RC Narc & Intel Task Force) by $17,500 and

            Increase Appropriations:  3120AB.3100 (Police Salaries) by $17,500

 

to reflect receipt of the above funds for the first quarter of 2007.

 

 

AMEND 2007 BUDGET: RECEIPT OF FUNDS: R.C. – UNDERAGE DRINKING ENFORCEMENT

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007 – 457

     WHEREAS, the Town is in receipt of $4,292.34 from the County of Rockland for DWI Underage Alcohol Enforcement Patrols, and

     WHEREAS, receipt of said funds is not reflected in the 2007 Town Budget,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby authorizes Ilan Schoenberger, the Director of Finance, to amend the 2007 Town Budget as follows:

 

            Increase Revenue Acct. AB.222601 (DWI) by $4,292.34 and

Increase Appropriations 3120AB.3126 (Under 21 Alcohol Enforcement OT) by $4,292.34

 

to reflect receipt of the above funds.

 

 

ADOPTION OF BOND RESOLUTIUON

                        The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and adopted on a roll call vote of 4-0:

 

Resolution No. 2007 –458

       RESOLVED by the Town Board of the Town of Ramapo that the bond resolution dated August 8, 2007 entitled “A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,500,000 SERIAL BONDS OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY THE  COSTS OF CONSTRUCTION, RECONSTRUCTION, WIDENING AND RESURFACING OF ROADS,  IN AND FOR SAID TOWN” be hereby approved and adopted.

 

BOND RESOLUTION DATED AUGUST 8, 2007.

A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,500,000 SERIAL BONDS OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY THE COSTS OF CONSTRUCTION, RECONSTRUCTION, WIDENING AND RESURFACING OF ROADS, IN AND FOR SAID TOWN.

 

WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and

WHEREAS, it is now desired to authorize the financing of such capital project;

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ramapo, Rockland County, New York, as follows:

Section 1.         For the specific object or purpose of paying the costs of constructing, reconstructing, widening and resurfacing of roads in and for the Town of Ramapo, Rockland County, New York, including related repairs and improvements to sidewalks, curbs, gutters, drainage and landscaping, and including incidental expenses in connection therewith, there are hereby authorized to be issued $3,500,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law.

Section 2.         It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $3,500,000, and that the plan for the financing thereof shall be by the issuance of the $3,500,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution.

Section 3.         It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of  Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

Section 4.         Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

Section 5.         The faith and credit of said Town of Ramapo, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 6.         Such bonds shall be in fully registered form and shall be signed in the name of the Town of Ramapo, Rockland County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk.

Section 7.         The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds.  The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.

Section 8.         All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing  for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor.  It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent.  Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine.

Section 9.         The Town has previously paid, and expects to pay on or after the date of this Resolution and before the issuance of the Bonds, certain costs of the projects described in Section 1 (collectively, the "Projects") with funds other than proceeds of the Bonds (the "Advanced Funds").  The Town reasonably expects to use proceeds of the Bonds to reimburse itself for all expenditures made with the Advanced Funds.  This Resolution is a declaration of the official intent of the Town in that regard, within the contemplation of Section 1.150-2 of the Income Tax Regulations promulgated by the United States Department of the Treasury.  All of the expenditures initially to be paid with the Advanced Funds that will be reimbursed from proceeds of the Bonds have been or will be for costs that (i) are properly chargeable to the capital account of one of the Projects under general income tax principles, (ii) constitute non-recurring working capital expenditures (of a type not customarily payable from current revenues), or (iii) are costs of issuing the Bonds.  No proceeds of the Bonds will be used to reimburse any expenditures originally paid more than sixty days prior to the date of this Resolution except those expenditures constituting "preliminary expenditures."  For purposes of this Resolution, "preliminary expenditures" means expenditures for architectural, engineering, surveying, soil testing, costs of issuing the Bonds, or similar purposes.

Section 10.       The validity of such bonds and bond anticipation notes may be contested only if:

1)         Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2)         The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)          Such obligations are authorized in violation of the provisions of the Constitution.

Section 11.       Upon this resolution taking effect, the same shall be published in full in the Rockland County Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 12.       This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law.

 

 

ACCEPTANCE OF MINUTES

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by all town board members:

 

                                                            Resolution No. 2007-459

     RESOLVED by the Town Board of the Town of Ramapo that the following Minutes of the Ramapo Town Board be hereby approved, adopted and recorded in the Minute Book:

 

July 11, 2007  -  Regular

 

ACCEPTANCE OF MINUTES

The following resolution was moved by Supervisor St. Lawrence, seconded by Councilwoman Hunter and unanimously adopted by all board members:

                                               

                                                            Resolution No. 2007 – 460

     RESOLVED by the Town Board of the Town of Ramapo that the following Minutes of the Ramapo Town Board be hereby approved, adopted and recorded in the Minute Book:

 

July 19, 2007 

 

 

APPROVAL OF AGREEMENT: USE OF 20 TORNE VALLEY ROAD: HILLBURN FIRE DEPARTMENT

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007 –461

     WHEREAS, the Town is in receipt of a request dated July 30, 2007 from the Hillburn Fire Department to utilize 20 Torne Valley Road, Town-owned property, for a “turkey shoot” on October 28, 2007 and November 4, 2007 from dawn to dusk, and

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby grants permission to the Hillburn Fire Department to utilize 20 Torne Valley Road, Hillburn, New York for a “turkey shoot” on October 28, 2007 and November 4, 2007 from dawn to dusk, subject to the Town being named as an additional insured by the Hillburn Fire Department, and

     BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a written agreement with the Hillburn Fire Department in a form approved by the Town Attorney’s Office.

 

 

APPROVAL OF AGREEMENT: USE OF CLARK CENTER FOR AIRMONT JUSTICE COURT: VILLAGE OF AIRMONT

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 –462

     WHEREAS, the Town Board, by Resolution No. 2007-106, entered into an agreement with the Village of Airmont permitting the Village to utilize Clark Center for use as its municipal court on a month-to-month basis at a fee of $450 per month for six (6) months, said agreement ending August 31, 2007, and

     WHEREAS, the Village of Airmont wishes to extend the agreement for an additional six (6) months at the same terms,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to extend its lease agreement with the Village of Airmont permitting the Village to use Clark Center for its municipal court for six (6) months commencing September 1, 2007 and terminating February 29, 2008 at the following terms and conditions:

 

1.                  $450.00 per month for up to two (2) court sessions

2.                  Each additional session shall be $225.00 per session

3.                  Village shall name the Town as an additional insured and provide the Town with a hold harmless agreement with respect to use of Clark Center,

and

     BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with the Village in a form approved by the Town Attorney’s Office.

 

 

APPROVAL OF AGREEMENT: USE OF GARBAGE TRUCK: VILLAGE OF NEW SQUARE

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 –463

     WHEREAS, the Village of New Square has requested from the Town of Ramapo use of a Town garbage truck to assist the Village in the removal of solid waste within the Village,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Town of Ramapo hereby approves an Inter-municipal Agreement retroactive to August 7, 2007 with the Village of New Square by which the Town will provide the Village with a Town garbage truck on an as-needed basis subject to the following conditions:

 

A.                 $50 per day for each day the truck is used

B.                 Village to name Town as additional insured with respect to use of the truck

C.                 Village to pay all fuel costs as well as all tipping fees

and

     BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an Inter-municipal Agreement with the Village of New Square in a form approved by the Town Attorney’s Office.

 

 

ALCOHOL AND DRUG TESTING: INTEGRA HEALTH CORPORATE SOLUTIONS

The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007-464

     WHEREAS, the Town requires the services of a contractor to provide alcohol and drug testing services, and

     WHEREAS, the Town’s  agreement with Integra Health Corporate Solutions, P. O. Box  419, Sparta, New Jersey 07871 expired on June 30, 2007, and

     WHEREAS, Linda Condon, the Director of the Personnel Department, is in receipt of a proposal from Integra Health Corporate Solutions to provide alcohol and drug testing services, and the Town requires the services of a contractor to provide alcohol and drug testing services for a twelve month period for the following fees:

                        $35.00 per D.O.T. Drug Test

                        $25.00 per D.O.T. Alcohol Test

                        $50.00 per D.O.T. Pre-Employment Physical

                        $100.00 per Post-Accident On-Site Service

                        $400.00 – Annual Administrative Fee, and

    WHEREAS, Linda Condon has reviewed the proposal and recommends its acceptance, 

    NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Board does hereby accept the proposal of  Integra Health Corporate Solutions to provide alcohol and drug testing services subject to the fees set forth above for one year  retroactive to July 1, 2007 and terminating June 30, 2008.

     BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with Integra Health Corporate Solutions in a form approved by the Town Attorney’s Office.

Source of Funds:  1989A.3466 (Drug and Alcohol Testing).

 

 

APPROVAL OF AGREEMENT: ELECTRONIC PROCESSING OF CHECKS FOR RECEIVER OF TAXES

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007-465

     WHEREAS, Nathan Oberman, the Town Receiver of Taxes, wishes to institute the electronic capture of checks received during tax collection periods, and

     WHEREAS, the Town is in receipt of a proposed service agreement with Union State Bank providing for the above electronic processing,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into a service agreement with Union State Bank with respect to the electronic capture of checks received during the tax collection periods, and

     BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with Union State Bank in a form approved by the Town Attorney’s Office.

 

 

APPROVAL OF AGREEMENT: SPECIAL COUNSEL: VAN DUNK V. TOWN – SARETSKY, KATZ, DRANOFF & GLASS, LLP

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 – 466

     WHEREAS, Robert Van Dunk III has commenced a lawsuit against the Town of Ramapo, Anthony Sharan, the Highway Superintendent, and Jayme Kelly, a Town employee, alleging violation of his civil rights, and

     WHEREAS, the Town Attorney’s Office has advised the Town Board that individual counsel should be retained for Jayme Kelly, and

     WHEREAS, the T  own Attorney’s office is in receipt of a proposal from the law firm of Saretsky Katz Dranoff & Glass, LLP, 450 Piermont Avenue, Piermont, New York 10968, received on July 13, 2007, to serve as counsel for Jayme Kelly in the amount of $140 / hour,

     NOW, THERFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Saretsky Katz Dranoff & Glass, LLP is hereby retained as counsel for Jayme Kelly with respect to the above lawsuit at a rate of $140/hour, the total fee not to exceed $25,000, and

     BE IT FURTHER RESOLVED that the Supervisor is authorized to execute an agreement with Saretsky Katz Dranoff & Glass, LLP in a form approved by the Town Attorney’s Office.

Source of Funds:  1420A.3452

 

 

APPROVAL OF AGREEMENT: CONTRACT FOR WORKERS COMPENSATION EXCESS LOSS INSURANCE

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 – 467

     WHEREAS, the Town is in receipt of a proposal dated July 30, 2007 from Midwest Employers Casualty Company through LeBaum Company, Inc., 17 Monsey Boulevard, Monsey, New York 10952 for the provision of the Town’s Specific Excess Workers Compensation by Employers Reinsurance Corp. as follows:

 

SPECIFIC EXCESS WORKERS COMPENSATION

W.C. Limit Each Accident............................................................................... Statutory

E.L. Limit Each Accident.................................................................................$   2,000,000

Retention Each Accident..................................................................................$      750,000

Rate Per $100 Payroll.......................................................................................$          .1482

Minimum Premium...........................................................................................$       40,491

Deposit Premium...............................................................................................$       44,990

Term...................................................................................................................         1 year

                                   August 1, 2007July 31, 2008,

and

     WHEREAS, the Town’s Insurance Committee has reviewed said proposal and recommends its acceptance,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the proposal of LeBaum Company, Inc. with respect to the Specific Excess Workers Compensation as set forth above is hereby approved and accepted.

Source of Funds:  1710CSW 341710

 

 

APPROVAL OF AGREEMENT: INSTALLATION OF SWING SETS AT BESEN PARK AND CHILDREN’S PARK: P. CORSETTI, INC.

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007 – 468

     WHEREAS, the Town will be purchasing new playground equipment for Besen Park and Children’s Park, and

     WHEREAS, the Town is in receipt of a proposal from P. Corsetti, Inc., 700 Waverly Avenue, Mamaroneck, New York 10543, for installation of swing sets at both parks at a cost of $5,100, and

     WHEREAS, Michelle Antosca, Director of Parks and Recreation, has reviewed the proposal and recommends its acceptance,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby accepts the proposal of P. Corsetti, Inc. to install the swing sets at the above parks at a cost of $5,100, and

     BE IT FURTHER RESOLVED  that the Supervisor is hereby authorized to execute an agreement with P. Corsetti, Inc. in a form approved by the Town Attorney’s Office.

Source of Funds:  7197H14.34460

 

 

APPROVAL OF AGREEMENT: GRANT TO RAMAPO HAITIAN TASK FORCE

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 –469

     WHEREAS, the Ramapo Haitian Task Force, in 2007, has conducted various additional cultural and community service projects, the full cost of which was not anticipated when the Task Force make their original request for a grant for 2007, and

     WHEREAS, the Ramapo Haitian Task Force has requested a grant in the amount of $5,000 to cover the additional expenses of the above programs,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Town hereby agrees to provide a grant in the amount of $5,000 to the Ramapo Haitian Task Force to assist the Task Force with respect to the above additional cultural and community service programs, and

     BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with the Ramapo Haitian Task Force in a form approved by the Town Attorney’s Office.

Source of Funds:  1670A3495CEL (Celebrations – Various)

 

 

APPROVAL OF AGREEMENT: COUNTY OF ROCKLAND – REACT TEAM

The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007 –470

     WHEREAS, the County of Rockland wishes to reimburse the Town of Ramapo for the assignment of police officers to the Rockland County Regional Enforcement and County Terrorism Team (REACT), and

     WHEREAS, the County has agreed to reimburse the Town $2,181.60 for the Town Police Department’s participation in Chemical Biological, Nuclear and Radiological Training,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into an agreement with the County of Rockland with respect to the Town receiving $2,181.60 in reimbursement for the Town assigning police officers to County REACT, and

     BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with the County of Rockland in a form approved by the Town Attorney’s Office.

 

 

EXTENSION OF APPOINTMENT OF TEMPORARY EMPLOYEE – JUSTICE COURT: WENDY FLAX

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007 –471

     WHEREAS, the Town Board, by Resolution No. 2007-350, retained Wendy Flax, of New City, New York, as a temporary employee in the Justice Court for the period ending September 5, 2007, and

     WHEREAS, Helen Travers, Chief Clerk of the Justice Court, has requested that the appointment be extended from September 6, 2007 through October 31, 2007,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby extends the appointment of Wendy Flax, of New City, New York, as a temporary employee in the Justice Court from September 6, 2007 through October 31, 2007 at $19.32 per hour for up to twenty (20) hours per week, five hours per day, and

     BE IT FURTHER RESOLVED that said appointment will terminate prior to October 31, 2007 if Leiba Lampert, a clerk typist, returns to work with the Justice Court.

Source of Funds:  111A (Salaries)

 

 

APPROVAL OF SUBDIVISION DEEDS: ALTMAN SUBDIVISION

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007 –472

     WHEREAS, the Town Planning Board has approved a subdivision entitled “Altman”, located in the vicinity of Pascack Road in Spring Valley, and

     WHEREAS, the Planning Board, as a condition of approval, required dedication of the following easements:

1.                  Shade tree easement

2.                  Road widening easement,

 

     NOW,THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby accepts for dedication the above easements subject to recording.

 

 

APPROVAL OF SUBDIVISION DEEDS: 23 MONSEY, LLC

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 –473

     WHEREAS, the Town Planning Board has approved a subdivision entitled “23 Monsey LLC”, located in the vicinity of West Central Avenue in Monsey, and

     WHEREAS, the Planning Board, as a condition of approval, required dedication of the following easements:

1.                  Shade tree easement

2.                  Road widening easement,

 

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby accepts for dedication the above easements subject to recording.

 

 

SETTLEMENT OF CERTIORARI ACTION: CONGREGATION SAAD LETORAH

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007 – 474

     WHEREAS, the Town Attorney’s Office and the Office of the Assessor have recommended that the following certiorari matter be settled:

 

CONGREGATION SAAD LETORAH

                                                                        Original                       Corrected

Tax Year                     Section/Lot                 Assessment                Assessment

2003/04                       50.69-1-39                  $  60,500                     $  60,500*

2003/04                       50.7-1-82.2                 $120,000                     $120,000**

 

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Town Attorney be hereby authorized to settle the above matter, and

     BE IT FURTHER RESOLVED that refunds can only be made when the Petitioner is current on all tax liability.

  * Property shall be 67% exempt

** Property shall be 100% exempt

 

 

 

 

 

SETTLEMENT OF CERTIORARI ACTION: FRIEDWALD CENTER FOR REHABILITATION

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007 – 475

     WHEREAS, the Town Attorney’s Office and the Office of the Assessor have recommended that the following certiorari matter be settled:

 

FRIEDWALD CENTER FOR REHABILITATION

                                                                        Original                       Corrected

Tax Year                     Section/Lot                 Assessment                Assessment

2001/02                       42.15-2-33                  $1,522,500                  $1,236,600

2002/03                       42.15-2-33                  $1,522,500                  $1,295,700

2004/05                       42.15-2-33                  $1,522,500                  $1,114,800

2005/06                       42.15-2-33                  $1,522,500                  $1,038,500

2006/07                       42.15-2-33                  $1,350,000                  $   829,600     

 

     WHEREAS, Scott Shedler, the Town Assessor, concurs with the above recommendation,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Town Attorney be hereby authorized to settle the above matter, and

     BE IT FURTHER RESOLVED that settlement is subject to approval by the East Ramapo Central School District, and

     BE IT FURTHER RESOLVED that refunds can only be made when the Petitioner is current on all tax liability.

 

 

APPROVAL OF CHANGE ORDER: REHABILITATION OF LANDFILL RECOVERY WELLS  The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007-476

     WHEREAS, the Town Board, by Resolution No. 2007-304, entered into an agreement with Aquifer Drilling and Testing, Inc. for the rehabilitation of the recovery wells at the landfill in the amount of $24,500, and

     WHEREAS, Ted Dzurinko, Director of the Department of Public Works, has requested that the following Change Order No. 1 be approved:

 

            Change Order No. 1

 

                        Additional work days to complete project                                 $6,000

 

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Change Order No. 1 is hereby approved and the agreement for the rehabilitation of the recovery wells at the landfill with Aquifer Drilling and Testing, Inc. is hereby increased from $24,500 to $30,500.

Source of Funds:          Capital 5197H33.3240

 

 

ACCEPTANCE OF GIFT OF SALT BOX HOUSE

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007-477

     WHEREAS, Chuck Stead, a local historian of The Lower Hudson Valley, wishes to donate to the Town of Ramapo the wooden components of an historic RamapoValley

Salt Box House occupied in approximately 1791,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Ramapo that it the hereby accepts the donation of the wooden components of an historic RamapoValley Salt Box House.

 

 

AUTHORIZATION TO ACCEPT CORRECTION DEED: 58 SOUTH MOUNTAIN ROAD

The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present:

 

Resolution No. 2007 –478

     WHEREAS, the Town Board by Resolution No. 2007-553 agreed to purchase from Joseph Laico, M.D., approximately 19.5 acres at 58A South Mountain Road, New City, New York, and

     WHEREAS, Donald S. Tracy, Esq., in a letter dated July 6, 2007 advised that the deed contained an error and included 7,448 square feet which was not intended to be part of the purchase from Joseph Laico, M.D. and has requested a correction deed,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to accept a correction deed in a form approved by the Town Attorney excluding the above 7,448 square feet from the purchase of the property at 58A South Mountain Road, and

     BE IT FURTHER RESOLVED that Joseph Laico, M.D. will be responsible for all costs associated with the correction deed and shall also reimburse the Town the prorata share of the purchase price given the change in the amount of acreage purchased by the Town.

 

 

NEW HEMPSTEAD ROAD SIDEWALK AND CURB INSTALLATION: ADOPTION OF SEQRA DETERMINATION

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No.  2007 –479

     WHEREAS, the Town Board has proposed the New Hempstead Road sidewalk and curb installation project which involves the construction of  1,400 LF of curb and sidewalk along the east side of New Hempstead Road in the vicinity of its intersection with Fairway Oval, and

     WHEREAS, the Ramapo Town Board is the Lead Agency with regard to such proposal pursuant to the New York State Environmental Quality Review Act, and

     WHEREAS, the proposed action is an unlisted action as defined in NYCRR Part 617, and

     WHEREAS, after review of the Short Environmental Assessment Form dated August 6, 2007, prepared in connection with the proposal, the proposed action will not have a significant impact on the environment,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that upon the recommendation of Paul Gdanski, a Town Engineer, the proposed action is classified as not having a significant impact on the environment and the Town Board does hereby adopt the negative declaration dated August 8, 2007.

 

 

ACCEPTANCE OF BID: NEW HEMPSTEAD ROAD SIDEWALK AND CURB INSTALLATION

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:

 

Resolution No. 2007-480

     WHEREAS, the Town Attorney’s Office of the Town of Ramapo has solicited bids for New Hempstead Road Sidewalk and Curb Installation, and

     WHEREAS, these bids were received by the Town Clerk of the Town of Ramapo and opened on July 31, 2007, in accordance with the provisions of the law, and

     WHEREAS, Edward P. Dzurinko, Director of the Department of Public Works reviewed the bids, and recommends the acceptance of the bid of Bellavista Construction Corp., and

     WHEREAS, the Town Attorney’s Office concurs with said recommendation,

     NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the bid submitted by Bellavista Construction Corp. of 47 Westchester View Lane, White Plains, NY 10607 for:

 

            6,940 S.F. Concrete Sidewalk                          Unit Price:        $6.50/s.f.

                                                                                    Total Price:       $ 45,110.00

            1,400 L.F. 8” Concrete Curb                           Unit Price:        $24.00/l.f.

                                                                                    Total Price:       $33,600.00

            3 Each Handicapped Access Ramp                  Unit Price:        $600.00 each

                                                                                    Total Price:       $1,800.00

            500 S.Y. Pavement Replacement                      Unit Price:        $54.00/s.y.

                                                                                    Total Price:       $27,000.00

            100 Tons Select Granular Fill                            Unit Price:        $25.00/ton

                                                                                    Total Price:       $2,500.00

            100 C.Y. Unsuitable Excavation                       Unit Price:        $25.00/c.y.

                                                                                    Total Price:       $2,500.00

            1 Lump Sum Tree & Stump Removal    Total Price:       $3,200.00

            1 Lump Sum Maintenance & Protection            Total Price:       $5,000.00

            of Traffic & Restoration

            800 S.Y. Topsoil and Seeding                          Unit Price:        $9.00/s.y.

                                                                                    Total Price:       $7,200.00

            Base Bid Total Price:                                    $127,910.00

 

be hereby approved and accepted, and

     BE IT FURTHER RESOLVED by the Town Board of the Town of Ramapo that the Ramapo Town Clerk be hereby authorized to return all bid bonds and/or bid checks to the respective bidders, except the bid deposit of the successful bidder, which shall be returned upon the execution of a contract with the Town, and

     BE IT FURTHER RESOLVED by the Town Board of the Town of Ramapo that the Supervisor be hereby authorized to execute an agreement with Bellavista Construction Corp., in a form approved by the Town Attorney’s Office.

SOURCE OF FUNDS: CAPITAL 5197H08.34460

 

 

DECLARATON OF SURPLUS: SHREDDER

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present:

 

Resolution No. 2007-481