MINUTES OF THE REGULAR MEETING OF THE
The Town Board of the Town of Ramapo convened in a Regular Meeting of the Ramapo Town Board on Wednesday, January 23, 2008 in the Edwin Wallace Auditorium of Ramapo Town Hall at 237 Route 59, Suffern, New York 10901.
Supervisor
Present:
Councilwoman Frances M. Hunter
Councilman
Councilman David J. Stein
Councilman Itamar Yeger
Town
Town Clerk Christian G. Sampson
Councilman Friedman
led the assembled group in the Pledge of Allegiance.
ACQUISITION OF
OPEN SPACE: ADOPTION OF SEQRA DETERMINATION: SECTION 33.08-2-11
The following resolution was moved by Councilman Friedman, seconded by Councilman Yeger and unanimously adopted by those board members present:
Resolution No. 2008 –78
WHEREAS, the Town of Ramapo is proposing to purchase 6.2392 acres located on South Mountain Road for open space and historic preservation, and
WHEREAS, the Ramapo Town Board is the Lead Agency with regard to such proposal pursuant to 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 a Short Environmental Assessment Form, it appears that the proposed action will not have any significant adverse impact on the environment,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
ACQUISITION OF
OPEN SPACE: AUTHORIZE BOND RESOLUTION
The following
resolution was moved by Councilman
Stein, seconded by Councilwoman Hunter and unanimously adopted on a roll-call vote of 5-0:
Resolution
No. 2008 – 79
RESOLVED by the Town Board of the
Town of Ramapo that the bond resolution dated January 23, 2008, attached hereto
as Schedule “A”, entitled “A RESOLUTION AUTHORIZING THE ISSUANCE OF
$6,000,000 SERIAL BONDS OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TO
PAY THE COSTS OF THE ACQUISITION OF LAND
AND OR FOR HISTORIC PRESERVATION AT VARIOUS LOCATIONS TO BE USED FOR PUBLIC
PARKS AND OTHER PRESERVATION PURPOSES IN
AND FOR SAID TOWN” be hereby
approved and adopted.
BOND
RESOLUTION DATED
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$6,000,000 SERIAL BONDS OF THE TOWN OF
WHEREAS, the Town of Ramapo, New York
(the "Town") does not currently contemplate using the proceeds from
the bonds hereinafter authorized to purchase more than 100 contiguous acres of
land; and
WHEREAS, all conditions precedent to
the financing of the capital project hereinafter described 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
Section 1. For
the specific object or purpose of paying the costs of acquisition of
land at various locations to be used for public parks and other preservation
purposes, in and for the Town of Ramapo, Rockland County, New York, including incidental expenses in connection
therewith, there are hereby authorized to be issued $6,000,000 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 class of
objects or purposes is $6,000,000 and that the plan for the financing thereof
shall be by the issuance of the $6,000,000 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
class of objects or purposes is thirty (30) years, pursuant to subdivision
21(a) 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
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 Town has provided or will provide prior to the issuance of the Bonds the appropriate amount of "current funds" required under Section 107 of the Local Finance Law.
Section 11. It is the
intention of said Town and all parties under its control that the interest on
the Bonds issued hereunder be and remain excluded from gross income for federal
income tax purposes and to this end, the Town hereby represents to and
covenants with each of the Holders of the Bonds issued hereunder that it will
comply with the requirements applicable to it contained in Section 103 and Part
IV of Subchapter B of Chapter 1 of Subtitle A of the Internal Revenue
Code of 1986, as amended (the "Code"), and temporary or permanent
regulations promulgated or applicable thereunder, to the extent necessary to
preserve the exclusion from gross income for federal income tax purposes of
interest on the Bonds issued hereunder.
Specifically, without intending to limit in any way the generality of
the foregoing, the Town covenants and agrees:
(A) to the extent required by the Code, to make or cause to be made all necessary determinations and calculations of the Rebate Amount and required payments of the Rebate Amount;
(B) to
set aside sufficient moneys to timely pay the Rebate Amount to the
(C) to pay, at the times and to the extent required under Section 148(f) of the Code, the Rebate Amount to the United States of America;
(D) to maintain and retain all records pertaining to the Rebate Amount with respect to the Bonds issued hereunder and required payments of the Rebate Amount with respect to the Bonds for at least six years after the final maturity of the Bonds or such other period as shall be necessary to comply with the Code;
(E) to refrain from taking any action that would cause the Bonds issued hereunder to become arbitrage bonds under Section 148 of the Code; and
(F) to refrain from taking any action that would cause the Bonds issued hereunder or any of them to be classified as private activity bonds under Section 141(a) of the Code.
The Town understands that the foregoing covenants impose continuing obligations of the Town that will exist as long as the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of Subtitle A of the Code are applicable to the Bonds.
Notwithstanding any other provision of this resolution,
the obligation of the Town to pay the Rebate Amount to the
As used herein, the term "Rebate Amount"
means with respect to the Bonds, the excess of the future value, as of a
computation date, of all receipts on all non-purpose investments (as defined in
Section 1.148-1(b) of the Income Tax Regulations) over the future value, as of
that date, of all payments on non-purpose investments all as provided in the
Income Tax Regulations implementing Section 148 of the Code.
Section 12. 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 14. 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 15. This
resolution is adopted subject to permissive referendum in accordance with
Section 35.00 of the Local Finance Law.
ACQUISITION OF OPEN SPACE: AUTHORIZATION TO PURCHASE SECTION 33.08-2-11
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008 -80
WHEREAS, Arthur
& Ellen Wagner are the owners of property located at 92 So. Mountain Road,
WHEREAS, said property consists of approximately 6.2 acres, and
WHEREAS, the interests of the Town will be best served by the purchase of the property by the Town, which can then insure the preservation of the historic dwelling [Crow House, The historic house building by Henry Varnum Poor] on the property as well as open space and prevent unwarranted development, and
WHEREAS, the Town has offered to purchase the property for its market value of $1,750,000 with the purchase price paid by a cash payment of $1,300,000, and the balance of the purchase price, to wit: $450,000 being a gift from Arthur & Ellen Wagner to the Town of Ramapo and Arthur & Ellen Wagner has accepted said offer,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Town hereby agrees to purchase the above described property on So. Mountain Road for $1,750,000 provided the actual capital expense to the Town for the purchase does not exceed $1,300,000 plus normal closing expenses, and
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute all necessary documents for the above purchase in a form approved by the Town Attorney’s office.
Source of Funds : 7197H14.344619 – Open Space
PUBLIC HEARING: PROPOSED LOCAL LAW “SEDIMENT AND EROSION CONTROL AND
STORMWATER MANAGEMENT PROVISION IN THE TOWN OF
Scheduled for this evening
at
The following resolution was moved by Councilman Friedman, seconded by Councilman Yeger and unanimously adopted by those board members present:
Resolution No. 2008 - 81
RESOLVED by the Town Board of the Town of Ramapo, that the Public Hearing held this evening, January 23, 2008, to solicit public comment on A PROPOSED LOCAL LAW “SEDIMENT AND EROSION CONTROL AND STORMWATER MANAGEMENT PROVISION IN THE TOWN OF RAMAPO” be hereby closed at 9:30 pm.
ADOPT LOCAL LAW
No. 2 0F 2008
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008-82
RESOLVED by the Town Board of the Town of Ramapo
that A PROPOSED LOCAL LAW “SEDIMENT AND EROSION CONTROL AND STORMWATER
MANAGEMENT PROVISION IN THE TOWN OF RAMAPO”, which was the subject of a public hearing on January 23, 2008 be
hereby adopted, as advertised, and shall be known as Local Law No. 2 of 2008.
PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANTS PROGRAM FOR 2008
Scheduled for this evening
at
No one wished to address the Town Board this evening.
CLOSE PUBLIC
HEARING
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 -83
RESOLVED by the Town Board of the
Town of
APPROVAL OF
COMMUNITY DEVELOPMENT PROJECTS FOR 2008
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008 – 84
WHEREAS, the Citizens Advisory Committee for Community Development has recommended to the Town Board that an application be submitted for the following project:
WHEREAS, the Town Board held a Public Hearing on January 23, 2008 on Community Development Funds,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
PUBLIC HEARING:
PROPOSED LOCAL LAW TO AMEND THE TOWN CODE TO PERMIT ALTERNATE PLANNING BOARD
MEMBERS IN THE TOWN OF
Scheduled for this evening at
The following
persons addressed the Town Board regarding the proposed law:
Robert Romanowski –
CLOSE PUBLIC HEARING
The following resolution was moved by Councilman Stein, seconded by Councilman Yeger and unanimously adopted by those board members present:
Resolution No. 2008 -85
RESOLVED by the Town Board of the
Town of
ADOPT LOCAL LAW
NO. 3 OF 2008
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008-86
RESOLVED by the Town Board of the Town of Ramapo that
the PROPOSED LOCAL LAW TO AMEND
THE TOWN CODE TO PERMIT ALTERNATE PLANNING BOARD MEMBERS IN THE TOWN OF RAMAPO,
which was the subject of a public
hearing on January 23, 2008 be hereby adopted, as advertised, and shall be known as Local Law No. 3 of 2008.
APPROVAL OF AGREEMENT:
JUSTICE COURT STENOGRAPHIC SERVICES: PAT MARSH
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 – 87
WHEREAS, the Town of
WHEREAS,
PATRICIA J. MARSH, of
$195.00 for a full-day session, such session being defined as seven (7) hours with a one (1) hour break for lunch
$150.00 for a half-day session, such session being defined as three-and-a-half
(3 ½ ) hours
$150.00 for a night court session, such session being defined as three-and-a-half
(3 ½ ) hours
commencing after
$35.00 per hour for any hour worked after initial session
Monthly advance - $2,700.00
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that PATRICIA J. MARSH, of Sloatsburg, New York, be hereby retained as Court Reporter for the transcribing of the minutes of the Town of Ramapo Justice Court proceedings at a fee of $150.00 for a half-day and $195.00 for a full day, $150.00 for a night court session and $35.00 for any extra hour, effective January 1, 2008, said amount to be charged to Account 1110A.3457: Justice Court Per Diem, and
BE IT FURTHER RESOLVED that the services are to be performed for the year 2008, and
BE IT FURTHER RESOLVED that the Supervisor be hereby authorized to execute an agreement with PATRICIA J. MARSH in accordance with the foregoing Resolution, and
BE IT FURTHER RESOLVED that if Patricia J. Marsh is unable to attend a regularly scheduled court session and the Town obtains the services of a substitute stenographer, then the cost of the substitute stenographer shall be deducted from the monthly stipend paid to Patricia J. Marsh the month following the court session(s) which she has not attended. However, no deduction shall occur if Patricia J. Marsh has worked hours equal to or in excess of the hourly equivalent of the monthly stipend for said month.
APPROVAL OF AGREEMENT: INSURANCE CONSULTANT: J.W. SERVICES OF
ROCKLAND COUNTY, INC.
The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008 –88
WHEREAS, the Town is desirous of retaining JW Services of Rockland County, Inc., of 20 Renfrew Drive, Chestnut Ridge, New York 10977, to serve as an Insurance Consultant to the Town at a fee of $5,600 for the year 2008, and
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
1. Assist the Town in working with FISERV as to tail claims and any stop loss claims
2. Any
general insurance matters assigned by the Town Board, and
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute the proposal with JW Services of Rockland County, Inc. for said services.
Source of Funds: 1710CSL.341710
APPROVAL OF
AGREEMENT: ARTICLE 7 ASSISTANCE – ASSESSOR’S OFFICE: SUE MANOFF
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008 –89
WHEREAS, the Town Board, by Resolution No. 2008-41, retained Susan Manoff to assist the Assessor’s Office in the processing of Article 7 proceedings, and
WHEREAS, the Resolution contained an incorrect hourly rate,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
“WHEREAS, the Town, by previous resolution, had retained the services of Susan Manoff of Suffern, New York to assist the Assessor’s office in the processing of Article 7 proceedings against the Town, and
WHEREAS, Scott Shedler, the Town Assessor, recommends that Susan Manoff be retained to assist the Assessor’s Office in 2008 in the processing of Article 7 proceedings against the Town,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Susan Manoff of Suffern, New York, is hereby retained to assist the Assessor’s office in the processing of Article 7 proceedings against the Town for the period commencing January 1, 2008 and terminating December 31, 2008 at an hourly rate of $18.33 per hour, twenty hours per week, total compensation not to exceed $18,000, and
BE IT FURTHER RESOLVED that the Supervisor be hereby authorized to execute an agreement with Susan Manoff in a form approved by the Town Attorney’s office.”
Source of Funds: 1355A.3452
APPROVAL OF
AGREEMENT: SOLID WASTE MANAGEMENT AUTHORITY: COMPUTER CONSULTING SERVICES
The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008 –90
WHEREAS, the Town Board,
by Resolution No. 2007-226, entered into an agreement with the Rockland County
Solid Waste Management Authority allowing the Authority to use the computer
consulting services of
WHEREAS, the Rockland County Solid Waste Management Authority has requested that the agreement be continued for the year 2008,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it
hereby enters into an agreement for the year 2008 with the Rockland County
Solid Waste Management Authority with regard to use by the Authority of the
computer consulting services of
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a Letter Agreement with the Rockland County Solid Waste Management Authority in a form approved by the Town Attorney’s Office.
APPROVAL OF
AGREEMENT: SOLID WASTE MANAGEMENT AUTHORITY: REMOVAL OF CRUSHED GLASS &
PROCESSED WOOD
The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 – 91
WHEREAS, the Town Board, by Resolution No. 2007-227, entered into an agreement with the Rockland County Solid Waste Management Authority to assist the Authority in the removal of crushed glass and processed wood with the Authority reimbursing the Town the cost of equipment, labor, benefits, fuel and any other directly substantiated costs with respect to the provision of such services, and
WHEREAS, the Rockland County Solid Waste Management Authority has requested continuation of the above agreement for the year 2008 at the above terms and conditions, and
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into agreement for the year 2008 with the Rockland County Solid Waste Management Authority with regard to the Town assisting the Authority in the removal of crushed glass, processed wood waste and any other municipal services as many be requested by the Authority, subject to the terms set forth above plus 4%, and
BE
IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a
Letter Agreement with the Rockland County Solid Waste Management Authority in a
form approved by the Town
APPROVAL OF AGREEMENT: COMPUTER CONSULTANT
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008 – 92
WHEREAS, Teresa Reeck has requested that the Town retain an independent consultant to maintain, troubleshoot and support the Police Department Computer Systems,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby retains Brian Gorsky, of 11 Thornwood Drive, New City, New York to serve as a computer consultant for the Police Department for the period February 4, 2008 to December 31, 2008 at $40.00 per hour, 16 hours per week for a total compensation of $30,100., and
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a letter agreement with Brian Gorsky in a form approved by the Town Attorney’s Office.
Source of Funds: 3125AB3452
SETTLEMENT OF
CLAIM: CLAIM OF WENDY EPSTEIN
The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and adopted by those board members present with Councilman Stein voting “no”:
Resolution No. 2008 – 93
WHEREAS, Wendy Epstein, of 4 Mary Beth Drive, Suffern, New York, filed a Notice of Claim against the Town Ramapo for damage to her automobile as a result of it being struck by a Police Department vehicle; and
WHEREAS, the Town Attorney’s Office has reviewed the claim and recommends that it be settled in the amount of $2,672.18,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the claim of Wendy Epstein is hereby settled in the amount of $2,672.18, said settlement to be charged to account CSL1931, and
BE IT FURTHER RESOLVED that said settlement is conditioned upon receipt of a General Release executed by Wendy Epstein.
SETTLEMENT OF
CLAIM: CLAIM OF DARY BLANKS
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 –94
WHEREAS, Dary Blanks, 3 Inwood Lane, Spring Valley, New York 10977, filed a Notice of Claim dated September 6, 2007 against the Town of Ramapo for damage to his automobile as a result of it striking a pothole on E. Hickory Street, and
WHEREAS, the Town Attorney’s Office has reviewed the claim and recommends that it be settled in the amount of $698.37,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby settles the claim of Dary Blanks in the amount of $698.37, said settlement to be charged to CSL1931, and
BE IT FURTHER RESOLVED that said settlement is conditioned upon receipt of a General Release executed by Dary Blanks.
SETTLEMENT OF
CLAIM: CLAIM OF TOWN VS. JULIE LEWIS
The following resolution was moved by Councilman Friedman, seconded by Councilman Yeger and unanimously adopted by those board members present:
Resolution No. 2008 –95
WHEREAS, Police Vehicle Number 408 was damaged as a result of an accident involving a vehicle driven by Julie Lewis, and
WHEREAS, the Town made a claim against Julie Lewis for damages to the Town vehicle in the amount of $1,662.84, and
WHEREAS, Allstate Insurance Company, the insurance carrier for Julie Lewis, has agreed to settle the above claim in the amount of $1,662.84,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to settle its claim against Julie Lewis for the amount of $1,662.84, said amount to be credited to Account AB22680 (Insurance Recovery).
ACCEPTANCE OF SUBDIVISION DEEDS: ROLLING ACRES
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 –96
WHEREAS, the Planning
Board has approved a subdivision entitled “Rolling Acres” located adjacent to
WHEREAS, the Planning Board, as a condition of the above approval, required dedication of the following easements:
1. Road widening easement;
2. Drainage easement;
3. Shade-tree easement;
4. Sight distance easement, and
WHEREAS, the Department of Public Works has reviewed the proposed easements and recommends their dedication,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
ACCEPTANCE OF PROPOSAL: LIABILITY AND PROPERTY INSURANCE
The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 – 97
WHEREAS, the Town Board of the Town of Ramapo in 2007 accepted the proposal of LeBaum Company, Inc. of 17 Monsey Boulevard, Monsey, New York 10952 to provide liability insurance coverage for the Town, and
WHEREAS, said insurance coverage expires in January, 2008, and
WHEREAS, the Town is in receipt of a proposal from LeBaum Company, Inc. to provide liability insurance coverage for the Town for the period February 1, 2008 to February 1, 2009, and
WHEREAS, the Town’s Insurance Committee has reviewed the proposal and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
Property………………………………………………..$ 42,999
Equipment Coverage……………………………………. 1,642
Trident Package Policy Including:
General Liability
Public Officials’ Liability
Law Enforcement Liability
Commercial Automobile Liability
Commercial Automobile Physical Damage
Commercial Inland Marine
Commercial Crime
Commercial Excess Liability $389,981
Total………………………………………………….. $434,622
Estimated State Taxes &/or Fees……………………...$ 1,152.01
Total Including Taxes and Fees..…………………….. $435,774.01
Excess Liability:
Company: American Alternative Insurance Company
Coverage: Excess Liability
Limit: Excess of $5,000,000
Premium: $38,923
Total Policy Fees: $1,946
Total Fee: $40,869
BE IT FURTHER RESOLVED that the Supervisor be hereby authorized to execute all documents approved by the Town Attorney’s office necessary for the Town to accept the proposal for the above insurance coverage.
DECLARATION OF
NOTICE OF INTENT TO BE LEAD AGENCY – PETITION OF HIGHVIEW HILLS, LLC FOR ZONING
MAP AMENDMENT
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 –98
WHEREAS, the Town Board is in receipt of a petition from Highview Hills LLC to amend the zoning map of the Town of Ramapo to rezone its property from R-35 to RSH, and
WHEREAS, pursuant to 6 NYCRR Part 617, said action is classified as a Type I Action, and
WHEREAS, the Town Board wishes to declare itself as Lead Agency, pursuant to 6 NYCRR Part 617 with respect to the above action,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby wishes to declare itself as Lead Agency with respect to the above Type I action, and
BE IT FURTHER RESOLVED that Alan M. Simon, Director of Planning and Zoning Administration, is hereby authorized to circulate an Intent to Be Lead Agency to all involved agencies.
DECLARATION OF NOTICE OF INTENT TO BE LEAD AGENCY: RAMAPO RIVER
TRAILWAY
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008 –99
WHEREAS, the Town of
WHEREAS, pursuant to 6 NYCRR Part 617, said action is classified as an Unlisted Action, and
WHEREAS, the Town Board wishes to declare itself as Lead Agency, pursuant to 6 NYCRR Part 617 with respect to the above action,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby wishes to declare itself as Lead Agency with respect to the above Type I action, and
BE IT FURTHER RESOLVED that Ted Dzurinko, Director of Public Works, is hereby authorized to circulate an Intent to Be Lead Agency to all involved agencies.
AMENDMENT OF
RESOLUTION NO. 2007-742: LIFE INSURANCE
The following resolution was moved by Councilman Yeger, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008 –100
WHEREAS, the Town Board, by Resolution No. 2007-742, accepted the proposal of Standard Life Insurance Company of New York to provide life insurance coverage to the Town, and
WHEREAS, the Resolution contained an error with respect to the starting date of the coverage as well as the term of the agreement,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
“WHEREAS, the Town’s
current life insurance coverage expires on
WHEREAS, the Town is in receipt of a proposal from the Standard Life Insurance Company of New York, White Plains, New York, for life insurance coverage to the Town at the following rates:
.25/1000 Life Rate
.038/1000 AD&D Rate, and
WHEREAS, said rates will be in effect for a two-year period, and
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Town does hereby accept the proposal of the Standard Life Insurance Company of New York to provide life insurance coverage to all Town employees for the period of January 1, 2008 through December 31, 2009 subject to the terms set forth above, and
BE
IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an
agreement with the Standard Life Insurance Company of
SET PUBLIC HEARING
DATE: 2008 GOLF COURSE RATES
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Yeger and unanimously adopted by those board members present:
Resolution No. 2008-101
RESOLVED by the
Town Board of the Town of Ramapo that a Public Hearing be hereby held on
February 13, 2008 at 8:00 PM at Ramapo Town Hall, 237 Route 59, Suffern, New
York for the purpose of soliciting public comment on the PROPOSED GOLF COURSE RATES FOR THE SPOOK ROCK GOLF COURSE FOR THEYEAR
2008 IN THE TOWN OF RAMAPO.
AMENDMENT OF
PAYMENT IN LIEU OF TAXES AGREEMENT – VILLAGE OF
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008 – 102
WHEREAS,
the Town Board, by Resolution No. 2007-441, agreed to enter into a PILOT
Agreement with the Village of Spring Valley, Spring Valley Site III Housing
Development Fund Corp. and Spring Valley Site III, LLC exempting from taxes the
housing project located at 65 No.
WHEREAS, the Village of Spring Valley has advised that said agreement must be amended since a portion of the property will be utilized for commercial purposes and will not be entitled to an exemption from taxes,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
“WHEREAS, the Village of Spring Valley has requested that the Town of Ramapo enter into a Payment in Lieu of Taxes Agreement (PILOT) with respect to the following project:
Spring
Valley Site III Housing Development Fund Corp. (“HDFC”) and Spring Valley Site III, LLC (“Company”)
will be constructing and operating a project consisting
of 53 residential units for senior citizens of low income located at 65 No.
WHEREAS, pursuant to Section 577 of the Public Housing Finance Law, the Town Board may exempt the real property of a housing project of a housing development fund from local and municipal taxes including school taxes, other than assessments for local improvements, to the extent of all or a part of the value of the completed project, and
WHEREAS, pursuant to a proposed pilot agreement, upon issuance of temporary or permanent certificates of occupancy, the company shall make annual payments in lieu of taxes in the amount of $31,800 payable as follows:
a) 54% to
b) 4% to the Town of
c) 4% to the
d) 38% to the
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of Ramapo that it agrees to enter into a Pilot Agreement
with the Village of Spring Valley, Spring Valley Site III Housing Development
Fund Corp. and Spring Valley Site III, LLC exempting from taxes the housing
project located at 65 No.
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a Pilot agreement in a form approved by the Town Attorney’s office.”
APPOINTMENT
OF POLICE OFFICER: MICHAEL ALEXANDER
The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008-103
WHEREAS, there is a vacancy in the
position of Police Officer 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
SOURCE OF FUNDS: 3120AB.3100 OPERATING BUDGET
NOMINATION
OF FOUR POLICE OFFICERS
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008-104
WHEREAS, there are vacancies in the position of Police Officer 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 nominate the following as Police Officers, pending clearance
from the Town of Ramapo and Rockland County Personnel Department.
Keith G. McDermott
Baile J. Glauber
Marc I. Lieman
AMENDMENT OF 2007
BUDGET: RECEIPT OF FUNDS: JOINT TERRORISM TASK FORCE
The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008 –105
WHEREAS, the Town is in receipt of $4,587.17 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
Increase Revenues: AB.24390 (Cops Federal Grants) by $4,587.17 and
Increase Appropriations: 3120AB.3101 (Police Overtime) by $4,587.17
to reflect receipt of the above funds for August, September, October and November of 2007.
AMENDMENT OF 2007
BUDGET: RECEIPT OF DONATION:
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present:
Resolution No. 2008 – 106
WHEREAS, the Town of Ramapo received a donation in the amount of $500 from the County of Rockland towards the Town’s alcohol-free New Year’s Eve celebration at the Joseph T. St. Lawrence Community, Health and Sports Center, 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
Increase Revenues A.22705 (Gifts & Donations) by $500 and
Increase Appropriations 1670A.3495CEL (Celebrations) by $500
to reflect receipt of said funds.
APPROVAL OF 2008
AMBULANCE SERVICE RATES
The following resolution was moved by Councilman Yeger, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008 – 107
WHEREAS, the Town of Ramapo, Having established an Ambulance District and, therefore, is now hereby authorized by virtue of Section 198.10(f) of the Town Law of the State of New York to provide by utilization of the existing Ambulance District, emergency medical services and related general ambulance service, including service provided by Certified Basic Emergency Medical Technicians (“EMTs”) and Certified Advance Emergency Medical Technicians (“AEMTs”) for the purpose of providing pre-hospital emergency medical treatment and transport of sick and injured persons found within the boundaries of its districts to a hospital clinic, sanatorium or other place of treatment of such illness or injury, and
WHEREAS, Section 122-b.2 of the General Municipal Law provides that the Town shall fix a schedule of fees or charges to be paid by persons requesting the services as aforementioned, and
WHEREAS, Nathan Oberman, Deputy Director of Finance, has recommended that rates be changed for 2008,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
A. Basic Life Support Services (BLS) $450.00
BLS mileage (per mile) 6.05
B. Advanced Life Support Service I (ALS I) $600.00
ALS I mileage (per mile) 6.05
C. Advanced Life Support Service II (ALS II) $700.00
ALS II (per mile) 6.05
AUTHORIZATION FOR THREE EMPLOYEES TO ATTEND COMMUNITY TENNIS
SYMPOSIUM IN HILTON HEAD, S.C. – FEBRUARY 17TH – 23RD
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Stein and unanimously adopted by those board members present:
Resolution No. 2008-108
WHEREAS, Director of Recreation, Michelle Antosca, has requested
authorization for Fran Osei, Johnny
Benoit and Bobbi Kim, all year-round season tennis pros, to attend a community tennis symposium and
professional development workshop in Hilton Head from February 17 - 23, 2008 for
a fee for registration and workshops of $2,025.00, and
WHEREAS, all three will arrange and cover the travel expenses and accommodations, and the registration and workshop fees have been budgets for in 2008,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Fran Osei, Johnny Benoit and Bobbi Kim are hereby granted permission to attend the above conference for a total cost not to exceed $2,025.00, and
BE IT FURTHER RESOLVED that said expense incurred by the above at this Conference is to be considered a proper Municipal Charge under Town Law, Section 116(12) and General Municipal Law, Section 77B.
Source of Funds: 7310A.3465 and 7020A.3465
AUTHORIZATION FOR
CONTRACT FOR CELEBRATION OF LIBERTY & PRIDE EVENT
The following resolution was moved by Councilman Yeger, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008-109
WHEREAS, the Department of Parks and Recreation is in receipt of a proposal from Caravan Management, Inc., P.O. Box 815, Pearl River, New York 10965, to provide entertainment by Southside Johnny and The Asbury Jukes at the Town’s 2008 Celebration of Liberty and Pride at Rockland Community College at a fee of $17,500, and
WHEREAS, Parks and Recreation has reviewed the above proposal and recommends its acceptance,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with Caravan Management, Inc. in a form approved by the Town Attorney’s Office.
Source of funds: 1670A.3495CEL
AUTHORIZE
EXTENSION OF SEWER SERVICE FROM
The following resolution was moved by Councilman Yeger, seconded by Councilwoman Hunter and unanimously adopted by those board members present:
Resolution No. 2008-110
WHEREAS, the Department of Public Works has requested authority to extend sewer services to 583 Haverstraw Road and 585 Haverstraw Road, Montebello, New York due to the inability to provide sewer service through existing sewer lines at a cost of $35,000,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
Source of Funds: 8797H20.34460 and 813055.3499
ACKNOWLEDGEMENT OF
TWO NEW MEMBERS OF THE ITALIAN TWINNING COMMITTEE
the following resolution was moved by Councilman Stein, seconded by Councilman Yeger and unanimously adopted by those board members present:
Resolution No. 2008 -111
RESOLVED
by the Town Board of the Town of
James Giannettino Loretta Giannettino