MINUTES OF THE REGULAR MEETING OF THE
The Town Board of the Town of Ramapo convened a Regular Meeting of the Ramapo Town Board on Wednesday, June 26, 2008 in the Edwin Wallace Auditorium of Ramapo Town Hall at 237 Route 59, Suffern, New York 10901.
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:
Councilwoman Frances M. Hunter
Councilman Edward Friedman
Councilman David J. Stein
Councilman Itamar Yeger
Town
Attorney Michael L. Klein
Town Clerk Christian G. Sampson
Councilman Stein led the assembled group in the Pledge of Allegiance.
APPOINTMENT OF ONE
MEMBER TO COMMISSION ON ETHICS
The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by all board members:
Resolution
No. 2008 –436
RESOLVED
by the Town Board of the Town of
Andrew Cohen
Suffern, N Y 10901
RECLASSIFY CUSTODIAL WORKER TO CUSTODIAN I – BUILDING & GROUNDS The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008-437
WHEREAS, the Director of Building and Grounds has recommended the
re-classification of the position of Custodial Worker currently held by Louis
Manganiello to Custodian I at the Town
of Ramapo Department of Building and
Grounds, and
WHEREAS, the Rockland County Personnel Office has classified the position of
Custodian I,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
SOURCE OF FUNDS:
OPERATING BUDGET 1620A.3100
APPOINT CUSTODIAN
I – BUILDINGS & GROUNDS
The following resolution was moved by Councilman Stein, seconded by Councilman Yeger and unanimously adopted by all board members:
Resolution No. 2008-438
WHEREAS, there is a vacancy in the position of Custodian I at the Town of Ramapo Department of Building and Grounds, and
WHEREAS, The Director of Building and Grounds, has made the following recommendation,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
SOURCE OF FUNDS: OPERATING BUDGET 1620A.3100
APPOINT CUSTODIAL
WORKER – BUILDINGS & GROUNDS
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008-439
WHEREAS, there is a vacancy in the position of Custodial Worker at the Town of Ramapo Department of Building and Grounds, and
WHEREAS, The Director of Building and Grounds, has made the following recommendation,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
SOURCE OF FUNDS: OPERATING BUDGET 1620A.3100
ESTABLISH
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008-440
WHEREAS, the Supervisor has recommended the establishment of an Assistant
Building Plans Examiner position in
the Town of Ramapo Building, Planning and Zoning Department, and
WHEREAS, the Rockland County Personnel
Office has classified the position of Assistant Building Plans Examiner,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
SOURCE OF FUNDS: OPERATING BUDGET 3620B.3100
APPOINT
The following resolution was moved by Councilman Stein, seconded by Councilman Yeger and unanimously adopted by all board members:
Resolution No. 2008-441
WHEREAS, there is a vacancy in the position of Assistant Building Plans Examiner at the Town of Ramapo Department of Building, Planning and Zoning, and
WHEREAS, The Supervisor has made the following recommendation,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
SOURCE OF FUNDS: OPERATING BUDGET 3620A.3100
APPOINT 90 DAY
TEMPORARY EMPLOYEE TO
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –442
WHEREAS, two employees
have retired from the
WHEREAS, Helen Travers, the Chief Court Clerk, has requested temporary assistance for her office,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Tara Ann Francella of Suffern, New York be hired as a temporary employee in the Justice Court for thirty-five hours per week, seven hours per day, at $20.21 per hour commencing June 30, 2008 through September 30, 2008, total compensation not to exceed $12,750, and
BE IT FURTHER RESOLVED that the Department of Finance is hereby authorized to transfer $12,750 from Account 1110A.3100 (Regular Salaries) to 1110A.3452 (Consultant) to fund the above position.
Source of Funds: 1110A.3452
ESTABLISH OFFICE SERVICES AIDE – DPW
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No 2008-443
WHEREAS, the Director of Public Works
has recommended the classification of an Office Services Aide position at the Town of Ramapo Department of
Public Works, and
WHEREAS, the Rockland County Personnel Office has classified the position of Office Services Aide,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
SOURCE OF FUNDS:
OPERATING BUDGET 1490A.3100
APPOINT
OFFICE SERVICES AIDE
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by all board members:
Resolution No. 2008-444
WHEREAS, there is a vacancy in the position of Office Services Aide in the Town of Ramapo Department of Public Works, and
WHEREAS, The Director of Public Works has made the following recommendation,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
SOURCE OF FUNDS: OPERATING BUDGET 1490A.3100
ACCEPTANCE OF
MINUTES
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 – 445
RESOLVED by the Town Board of the Town
of
APPROVAL OF
AGREEMENT: ASSIGNMENT OF POLICE OFFICERS TO
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –446
WHEREAS, the
WHEREAS,
the
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into an Intermunicipal Agreement with the County of Rockland by which the Town will assign two (2) Police Officers to the Rockland County Intelligence Center and the County will pay the Town $147,840 as reimbursement to the Town for the cost of the above two (2) Police Officers for the period retroactive to January 1, 2008 and ending December 31, 2008, and
BE
IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an
Intermunicipal Agreement with the
APPROVAL OF
AGREEMENT: USE OF
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 – 447
WHEREAS, the American National Red Cross wishes to utilize the Joseph T. St. Lawrence Center as a shelter in case of an emergency in Rockland County, and
WHEREAS, the
American National Red Cross, in return for use of the
a) Reimburse the Town for any damage to the facility, reasonable wear and tear excepted
b) Reimburse the Town for reasonable costs associated with custodial and food service personnel which would not have been incurred but for the Red Cross’s use of the facility.
c) Reasonable, actual, out-of-pocket operational costs, including the costs of the utilities to the extent that such costs would not been incurred but for the Red Cross’s use of the facility.
d) The Red Cross will carry liability and worker’s compensation insurance and will indemnify and hold harmless the Town with respect to use of the facility, and
WHEREAS,
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 the American National Red Cross in a form approved by the Town Attorney’s office.
APPROVAL OF
AGREEMENT: HI-TOR ANIMAL CARE CENTER INC. – POUND
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Yeger and unanimously adopted by all board members:
Resolution No. 2008 – 448
WHEREAS, the Town is required to provide pound and shelter services for dogs of the Town pursuant to the Agricultural and Markets Law of the State of New York, and
WHEREAS, Hi-Tor Animal Care Center, Inc., Firemen’s Memorial Drive, has agreed to provide pound and shelter services to the Town subject to the following terms:
a) Term:
b) Fee: $6,250.00 per quarter
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into an agreement with Hi-Tor Animal Care Center, Inc. for the provision of pound and shelter services pursuant to the terms set forth above, and
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement in a form approved by the Town Attorney’s Office.
Source of Funds: 1410A.3486
APPROVAL OF
AGREEMENT: USE OF
The following resolution was moved by Councilman Friedman, seconded by Councilman Yeger and unanimously adopted by all board members:
Resolution No. 2008 –449
WHEREAS, the Town Parks &
Recreation Department wishes to operate its Create & Explore Summer Camp
program at the
WHEREAS, the
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into an Inter-municipal Agreement with the East Ramapo School District permitting the use of the Summit Park School for the Town’s Create & Explore Summer Camp program for the year 2008 subject to the Town agreeing to provide nurses for the School District’s Academic Summer program, and
BE IT FURTHER RESOLVED that the Supervisor
is hereby authorized to execute an agreement with the
APPROVAL OF
At the Regular Meeting of the Ramapo Town Board held on
Resolution No. 2008 – 450
WHEREAS, the Town Board by Resolution No. 2007-560 entered into an agreement with Eagle Electric of 110 West Crooked Hill Road, Pearl River, New York 10965 for the Weldler Park Lighting Project in the amount of $147,900.00, and
WHEREAS,
Change Order No. 1 Unused portion of contract allowance
($5,380.50) credit
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
SETTLEMENT OF
CERTIORARI ACTION: F&P POLYPORE, LLC
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –451
WHEREAS, the Town Attorney’s Office and the Office of the Assessor have recommended that the following certiorari matter be settled:
F AND P POLYPORE, LLC.
Original Corrected
Tax Year Section/Lot Assessment Assessment
2005/06 29.60-1-13 $50,000 $40,000
2006/07 29.60-1-13 $60,000 $40,000
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 settlement is subject to the approval by the
BE IT FURTHER RESOLVED that refunds can only be made when the Petitioner is current on all tax liability.
AUTHORIZATION FOR
RETROACTIVE TAX EXEMPTION
The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –452
WHEREAS, legislation will be introduced in the New York State Legislature that would grant authority for the Town to accept a retroactive application by the following organization for a real property tax exemption as follows:
Mosdos Sanz Klausenberg
SBL: 49.15-2-32
2006 and 2007 Assessment Rolls
WHEREAS, the State Legislature requires that the Town Board to state that it will grant the retroactive tax exemption once appropriate State authority is granted,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
RETENTION OF SPECIAL
COUNSEL: CHESTNUT RIDGE V. TOWN OF
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –453
WHEREAS, the Villages of Chestnut Ridge, Montebello, Pomona and Wesley Hills have previously commenced an action challenging the Town’s adoption of a Zoning Law permitting adult student housing, and
WHEREAS, said litigation involves the Religious Land Use and Institutionalized Persons Act, and
WHEREAS, the Town is in receipt of a proposal from Stolzer & Greene, PLLC, 1025 Connecticut Avenue, Northwest, Suite One Thousand, Washington, D.C. 20036, dated June 20, 2008, to assist the Town’s Special Counsel, Holland & Knight, LLP, in its defense of the Town in the above action,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby accepts the above proposal of Stolzer & Green, PLLC, to assist the Town’s Special Counsel in the above litigation, subject to the terms set forth in the above proposal with a total fee not to exceed $25,000, and
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a letter agreement of Holland & Knight in a form approved by the Town Attorney’s Office.
Source of Funds: 1420A.3452
RETENTION OF
SPECIAL COUNSEL: ECONOMIC DEVELOPMENT
The following resolution was moved by Councilman Yeger, seconded by Councilman Stein and unanimously adopted by all board members:
Resolution No. 2008 – 454
WHEREAS, the Town of
WHEREAS, the Town Attorney’s office is
in receipt of a proposal from Holland & Knight 195 Broadway,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
it hereby accepts the above proposal of Holland & Knight to serve as special counsel to the Town subject to the terms set forth in the above proposal with a total fee not to exceed 25,000.00, and
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a
letter agreement of Holland & Knight in a form approved by the Town Attorney’s office.
SOURCE OF FUNDS: 1420A3452
ACCEPTANCE OF DONATION OF ANIMAL WELFARE EQUIPMENT: ONYX BREEZY
FOUNDATION
The following resolution was moved by Councilman Stein, seconded by Councilman Yeger and unanimously adopted by all board members:
Resolution No. 2008 –455
WHEREAS, certain animal welfare
equipment has been secured by the Rockland County Public Safety Advocate from
the “Onyx and Breezy Foundation” of
WHEREAS, said equipment includes a cool guard system with fan and an emergency bailout system which may be of benefit to the Town’s police canine program in that said equipment is readily transferable from vehicle to vehicle, and
WHEREAS, said equipment can be obtained at no cost to the Town, and
WHEREAS, the Town’s Police Commission recommends the Town’s acceptance of the aforesaid equipment,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby authorizes the Town’s Police Department to accept the donation of the above animal safety equipment from the Onyx and Breezy Foundation at no cost to the Town.
INTER-MUNICIPAL
AGREEMENT WITH
The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –456
WHEREAS, the County of Rockland currently operates a commuter parking lot at the former Rockland Drive-In in Monsey on Route 59, and
WHEREAS,
the
1. Snowplowing
2. Weed cutting
3. Trash removal, and
WHEREAS, the Town Highway Department can provide the above services,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into an Intermunicipal Agreement with the County of Rockland to provide the above maintenance services with respect to the commuter parking lot at the former Rockland Drive-In for the period retroactive to January 1, 2008 and terminating on December 31, 2008, and
BE
IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an
agreement with the
AUTHORIZATION FOR ASSESSOR TO ATTEND NYS ASSESSORS’ ASSOCIATION
SEMINAR ON APPRAISING AT
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Yeger and unanimously adopted by all board members:
Resolution
No. 2008 - 457
WHEREAS, Town of Ramapo Assessor, Scott Shedler, has requested authorization to attend the New York State Assessors’ Association Seminar on Appraising being given at Cornell University July 14-18, 2008, and
WHEREAS, the costs involved will not exceed $1,200.00 ($415.00 for registration, $360 for hotel, $250 for meals and $150 for mileage, tolls and parking) and has been accounted for in the 2008 budget,
WHEREAS, payment received by the Association prior to July 1st will ensure the discounted Registration fee
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that permission be hereby granted for Assessor, Scott Shedler to attend the courses as stated above, at a cost not to exceed $1,500, 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: Assessor 1355A.3465 (schools, seminar & travel)
NEW BUSINESS
ADOPTION OF
CORRECTED POSITIVE DECLARATION: PETITION OF SCENIC DEVELOPMENT
The following resolution was moved by Councilman Friedman, seconded by Councilman Yeger and unanimously adopted by all board members:
Resolution No. 2008 –458
WHEREAS, the Town Board, by Resolution No. 2008-433, declared itself Lead Agency and adopted a Positive Declaration with respect to the application from Scenic Development, LLC seeking a change in the zoning designation of its property located on the south side of Route 202 and the west side of Route 306 from R-40 to MR-8, and
WHEREAS, said Positive Declaration contained a typographic error with respect to the Planning Board and not the Town Board being designated as Lead Agency,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
ADOPTION OF FINAL
SCOPING DOCUMENT: APPLICATION OF SCENIC DEVELOPMENT LLC.
The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –459
WHEREAS, the Town Board is in receipt of an application from Scenic Development, LLC, seeking a change in the zoning designation from an R-40 zoning to a MR-8 zoning district for property located on the south side of Route 202 and the west side of Route 306 and designated on the tax map as a portion of Section 32.11-1-2, Section 32.11-1-3, Section 32.11-1-4, Section 32.11-1-12, Section 32.11-1-13 and Section 32.11-1-14, and
WHEREAS, pursuant to 6NYCRR Part 617, said action is classified as a Type I action, and
WHEREAS, the Town Board, by Resolution No.2008 – 433, declared itself Lead Agency and adopted a Positive Declaration and scheduled a public scoping session to identify the potentially significant adverse impacts related to the above action that are to be addressed in the proposed Draft Environmental Impact Statement, and
WHEREAS, a public scoping session was
held by the Town Board on
WHEREAS, based on the comments received with respect to the draft scoping document, John Lange, the Town’s Planning Consultant, has prepared a final scoping document for the above action,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
OPEN PERIOD FOR
PUBLIC PARTICIPATION
The following
persons addressed the Town Board during Public Participation:
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008-460
RESOLVED by the Town Board of the Town
of
COUNCIL MEMBERS
COMMENTS:
Councilman
Friedman – Celebration of Liberty & Pride this Sunday, Doors open
Councilman Stein
– reported on
Councilwoman
Hunter –thanks to Councilman Stein for
SUPERVISOR’S
REPORT:
There was no
report this evening.
ADJOURNMENT
The following resolution was moved by Councilman Yeger, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 – 461
RESOLVED by the Town Board of the Town
of
Respectfully submitted,
Christian G. Sampson
Town Clerk