TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, APRIL 12, 2005
The Regular Town Board Meeting was opened at 7:43 p.m. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Councilman Thomas A. Morr
Also present: Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
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Charles Richardson, Director of Finance
Suzanne Barclay, Exec Asst. to Supervisor
Teresa M. Kenny, Town Attorney
John S. Edwards, First Deputy Town Attorney
William Reddy, Deputy Town Attorney
James Dean, Superintendent of Highways
Ron Delo, Director of Dept. Environmental Mgt. & Eng.
Kevin Nulty, Chief of Police
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
John Giardello, Director, OBZPAE
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The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk.
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Supervisor Kleiner said the Town has been working with the owners and developers of the site located adjacent to Lowes Home Improvement Center for clean commercial ratables. In the coming weeks, a public hearing will be scheduled. The Town expects an application for a zone change for two hotels, a restaurant, a bank and small retail for this site.
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RESOLUTION NO. 268 FORMATION SEWER DISTRICT OPEN PUBLIC HEARING
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that the public hearing to consider the formation of a Sewer District within the unincorporated portion of the Town of Orangetown, New York, as well as within all incorporated Villages within the Town, as well as within the Village of Upper Nyack is hereby opened.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
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Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 4-A-05, and made a part of these minutes.
Ron Delo, Director of the Dept. Environmental Mgt. & Eng., explained the purpose of this public hearing is the formation of a sewer district in the Town of Orangetown, which is separate from the bonding for repairs for the sewers in Orangetown. A discussion took place between the Town Board and Ron Delo concerning the Sewer District. Additional public hearings will be held to further discuss this matter. It will be necessary for the Town Board to decide if the unincorporated villages will be part of the Sewer District.
Public comment:
Eileen Larkin, Palisades, spoke about taxes and expenditures of villages hooking up to the town’s sewer system. She stressed the importance of keeping catch basins clean of debris.
Kevin Emsworth, Pearl River, spoke about the LMS study for the Cherry Brook Drainage System. He asked if the down stream study was completed and what is Wyeth’s responsibility regarding run offs. He spoke with the Town Attorney regarding his claim.
Andrew Wiley, Pearl River, questioned the Sewer Agreement with Rockleigh, NJ and if they could absorb any of the sewer district costs.
RESOLUTION NO. 269 FORMATION SEWER DISTRICT CLOSE PUBLIC HEARING
Councilman Morr offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this public hearing is hereby opened.
Ayes: Councilpersons Morr, O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 270 FORMATION SEWER DISTRICT INTENT TO BE LEAD AGENCY
Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board declares its intent to be Lead Agency in this matter.
Ayes: Councilpersons Morr, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 271 FORMATION SEWER DISTRICT TOWN BOARD DECISION RESERVE
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Town Board hereby reserves its decision on the formation of a Sewer District within the unincorporated portion of the Town of Orangetown, New York, as well as within all incorporated Villages within the Town, as well as within the Village of Upper Nyack.
Ayes: Councilpersons O’Donnell, Morr, Troy, Manning
Supervisor Kleiner
Noes: None
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Public Comment
Andrew Wiley, Pearl River, spoke regarding costs, Town Law and Town property. He’s also concerned about hiring an outside attorney in connection with development issues at RPC.
RESOLUTION NO. 272 CLOSE PUBLIC COMMENT
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public comment portion is hereby closed.
Ayes: Councilpersons O’Donnell, Manning, Troy, Morr
Supervisor Kleiner
Noes: None
RESOLUTION NO. 273 SOUTH ORANGETOWN LITTLE LEAGUE/AUTHORIZE AGREEM’T
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to sign a use agreement between the Town of Orangetown and the South Orangetown Little League.
Ayes: Councilpersons O’Donnell, Manning, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 274 HOLLAND & KNIGHT, LLP AUTHORIZE AGREEM’T
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to sign a professional services agreement with Holland & Knight, LLP, for an amount not to exceed $6,500.00 in connection with development issues at RPC.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 275 COMBINE AGENDA ITEMS
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that agenda items seven (7) through twenty-six (26), except fifteen (15) are hereby combined.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 276 TRUCK/JET RODDER/VACUUM MANHOLE CLEANER/AWARD BID
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
WHEREAS, the Director of the Dept. of Environmental Management & Engineer duly advertised for sealed bids for a vehicle truck with high pressure jet rodder and vacuum manhole cleaner, which were received and publicly opened on March 30, 2005. The Director made a recommendation to the Town Board; a copy is labeled Exhibit 4-B-05, and made a part of these minutes, Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Jet Vac, Inc., Paterson, NJ, the lowest qualified bidder, in the amount of $194,120.00 to be charged to Account No. M8130022/50200.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 277 DECLARE PARKING METERS SURPLUS/AUTHORIZE SALE
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that 180 parking meters are declared surplus and the Finance Director is hereby authorized to advertise for sealed bids for these meters. The bids are to be received by 10:30 a.m., and be publicly opened and read aloud at 11:00 a.m. on April 27, 2004. A report of all bids received and recommendation concerning the award is to be made at a Regular Town Board Meeting.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 278 STREET/TRAFFIC SIGN FABRICATION SYS/AWARD BID
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
WHEREAS, the Superintendent of Highways duly advertised for sealed bids for a Street and Traffic Sign Fabrication System, which were received and publicly opened on March 30, 2005. The Superintendent made a recommendation to the Town Board; a copy is labeled Exhibit 4-C-05, and made a part of these minutes, Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to Traffic & Parking Control, Elm Grove, WI, the only qualified bidder, in the amount of $12,183.00 to be charged to Account No. D511004450457.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 279 ORANGETOWN CHILDREN’S SOCIETY/CO-SPONSORED FUNDING GRANT
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings and the Youth Recreation Advisory Committee, a co-sponsored funding grant from Account No. A7310/50482 is hereby awarded to Orangetown Children’s Society for $2,500.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 280 JANICE PRITCHARD/POLICE MATRON/APPOINT
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that Janice Pritchard is hereby appointed to the position of Police Matron, part-time, at an hourly rate of $25.00, effective April 13, 2005.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 281 EILEEN M BULLEY/POLICE MATRON/APPOINT
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that Eileen M. Bulley is hereby appointed to the position of Police Matron, part-time, at an hourly rate of $25.00, effective April 13, 2005.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 282 GROUNDS EQUIP MECHANIC ESTABLISH/BUILDINGS/PARKS RECREATION
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, the position of Grounds Equipment Mechanic in the Department of Parks, Recreation, and Buildings, grade 13, effective April 13, 2005 is hereby established.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 283 WILLIAM EYBERS/GROUNDS EQUIP MECHANIC/APPOINT BUILDINGS/PARKS/RECREATION
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that William Eybers is hereby appointed to the position of Grounds Equipment Mechanic in the Department of Parks, Recreation, and Buildings, grade 13-7, annual salary of $58,101.00, effective April 13, 2005.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 284 TAX COLLECTION TRAINING SEMINAR/ROBERT SIMON PERMISSION GRANTED
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that permission is hereby granted to Robert R. Simon to attend a Training Seminar for Tax Collection Officers in Rochester, NY on June 12-15, 2005 at a cost of $929.00 to be charged to Acct. A1330/0441/0480.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 285 CERTIFICATE OF REGISTRATION FOR SEWER WORK/APPROVED
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration For Sewer Work for 2005 is hereby approved for the following:
Dan Nolan, Inc. Ronald Tarigo
68 Kings Highway 5 Cross Creek Lane
Orangeburg, NY 10962 Stony Point, NY 10980
Ronald Filera Landscape Contractors Bruce G. Rifflard
85 Red Schoolhouse Road 19 Park Road
Chestnut Ridge, NY 10977 Stony Point, NY 10980
- Sasso Plumbing Corp. Phoenix Excavators Corporation
49 Woodhaven Drive 62 Rose Road
New City, NY 10956 West Nyack, NY 10994
Kevin Stokes Excavating, Inc. Cal Mart Enterprises, Inc.
52 Grotke Road 357A Route 59
Chestnut Ridge, NY 10977 West Nyack, NY 10994
SHF Corporation Mike Dutra Excavating, Inc.
10 Glen Road 10 Stone Hollow Road
Highland Falls, NY 10928 Montvale, NJ 07645
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 286 DEERWOOD/WASHINGTON MANOR SUBDVISION/HIDDEN TRAILS, INC/ESCROW RELEASE
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Highways, and the Director of the Department of Environmental Management and Engineering, the Finance Office is
hereby authorized to release $10,000 held in escrow for the completion of the Deerwood/Washington Manor Subdivision known as Hidden Trails, Inc. (Tracking No. 01-06-77.12:1:52, 53) set forth in Resolution No. 204, dated March 2, 2005.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 287 TAX CERTIORARI SETTLEMENT CSILLEBRC, INC
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the Pearl River Union Free School District, settlement of the tax certiorari proceeding known as Csilleberc, Inc. v. Town of Orangetown, its Assessor and Board
Resolution No. 287 – Continued
Of Assessment Review of the Town of Orangetown, Tax Map No. 73.19, Block 1, Lot 3, for 2000,
from $1,971,900 to $1,514,100 for a refund by the Town of $4,788.00; and for 2001, from $1,971,900 to $1,409,400 for a refund by the Town of $6,228.00; and for 2002, from $1,971,900 to $1,270,800 for a refund by the Town of $7,655.00; and for 2003, from $1,971,900 to $1,207,500 for a refund by the Town of $8,186.00; and for 2004, from $1,971,900 to $1,207,500 for a refund $8,650.00. Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order, based upon the settlement, is served on the Town is hereby approved.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 288 TAX CERTIORARI SETTLEMENT HSBC BANK USA
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the Pearl River Union Free School District, settlement of the tax certiorari proceeding known as HSBC Bank USA v. The Assessor, The Board of Assessors and The Board of Assessment Review of the Town of Orangetown and the Town of Orangetown, Tax Map No. 68.16, Block 6, Lot 63, for 2000, from $615,300 to $278,900 for a refund by the Town of $3,549.00; and for 2001, from $425,000 to $271,300 for a refund by the Town of $1,702.00; and for 2002, from $425,000 to $268,800 for a refund by the Town of $1,705.00;.Interest on the Town’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order, based upon the settlement, is served on the Town is hereby approved.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 289 TOWN BOARD CALENDAR CHANGE/WORKSHOP/RTBM
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the August 8th workshop is hereby changed to August 1st; and the August 15th Regular Town Board Meeting is hereby changed to August 8th.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 290 RPC/BALLFIELDS-FINAL DESIGN CONSTRUCTION ADMIN/36-05 PROFESSIONAL SERVICES AGREEMENT/RECEIVED/FILED
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Professional Services Agreement No. 36-05, Town of Orangetown Ballfields-Final Design and Construction Administration, between the Town and Lawler, Matusky & Skelly Engineers, LLP is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
RESOLUTION NO. 291 CHERRY BROOK DRAINAGE STUDY ENGINEERING SERVICES PROFESSIONAL SERVICES AGREEMT 41-05 RECEIVED/FILED
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Professional Services Agreement No. 41-05, Cherry Brook Drainage Study Engineering Services, between the Town and Lawler, Matusky & Skelly Engineers, LLP is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 292 RPC/NYS DORMITORY AUTHORITY/MENTAL HEALTH NON-REVOCABLE PERMIT FOR INSTALLATION/MONITORING OF WELLS/RECEIVED/FILED
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the original Dormitory Authority of the State of New York, In the Matter of the Application on Behalf of the Office of Mental Health, for Installation and Monitoring of Wells at Rockland Psychiatric Center in Rockland County Non-Revocable Permit and Certificate of Liability Insurance (policy no. SIM100390-03) is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 293 ACCEPT MINUTES
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Regular Town Board Meeting, Audit Meeting and Executive Session minutes of March 28, 2005 and Executive Session minutes of April 4, 2005 are hereby accepted.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 294 ITW MINIGRIP/RETAIN JOSEPH RUSCIANO PE/APPRAISER
Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Town Assessor, Joseph Rusciano, P.E., New Rochelle, New York, is hereby retained to value/appraise seventeen (17) existing holding tanks on the property known as ITW Minigrip (Tax Map Designation: 74.15-1-13) to be included in the Town’s expert appraiser Beckmann Appraisal’s report. This additional cost is estimated to be less than $2,000.00.
Ayes: Councilpersons Manning, O’Donnell, Troy, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 295 ADJOURNMENT/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, that this meeting hereby adjourned at 9:35 p.m. in memory of Peter Maher, Pearl River, Harry Mayer, Pearl River, and Anna Hogan, Pearl River.
Ayes: Councilpersons Troy, Morr, O’Donnell, Manning
Supervisor Kleiner
Noes: None
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Charlotte Madigan, Town Clerk