TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, APRIL 26, 2004
The Regular Town Board Meeting was opened at 7:47 p.m. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Absent: Councilman Thomas A. Morr
Also present: Charlotte Madigan, Town Clerk
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Eliot Tozer, Deputy Supervisor
Suzanne Barclay, Executive Asst. to Supvr.
Teresa M. Kenny, Town Attorney
John Edwards, Deputy Town Attorney
Charles Richardson, Director of Finance
Kevin Nulty, Chief of Police
James Dean, Superintendent of Highways
Jaya Bhattacharyya, Environmental Mgt. & Eng.
Ronald C. Delo, Environmental Mgt. & Eng.
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
John Giardiello, 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 introduced Donald Brenner, attorney for the senior housing proposal, “The Hollows at Blue Hill.” Mr. Brenner presented the traffic study, market analysis and a description of the units to be built. A number of residents who support senior housing asked the builders questions regarding common charges, builders give backs and restrictive covenants. This will be put on the next RTBM agenda.
RPC issues were discussed and Supervisor Kleiner expects Phase II & III from LMS to be done by the May 10th meeting.
Public Portion
Peter Molfetas, Congers, asked for an estimated time of when construction would be started and questioned the taxes?
Jean Blake, Meadows – Pearl River, requested we limit the age in the bylaws. How would the selection process take place regarding Orangetown residents?
Charles Mercer, Pearl River, said list to the builders should include preference of 1 or 2 bedrooms.
Paul Melone, Tappan, complimented the Rockland County Times, Robert Knight’s article regarding Tappan and the Journal New has yet to include an article.
Dr. Paul Trinkoff, Sparkill, encourages builders to give back to the youth through ball fields.
Mary McCloskey, Blauvelt, said this presentation meets the criteria. Please move forward so that the over 55 group, who have contributed for many years to this community, can continue to remain in this community and stay close to their families.
Eileen Larkin, Palisades, is in favor of this presentation. She also mentioned on May 4, 2004, 7:30 p.m. you can meet Audrey Dawson, author of “Mine Hole” at the Palisades Community Center.
Andrew Wiley, Pearl River, feels prices are on the high side. Will there be deed restrictions regarding future development?
Tom Bertussi, Pearl River, believes taxes are too high for seniors’ who have paid taxes all their lives.
Barbara Rosen, Tappan, feels the value of homes may decline with the market being flooded with seniors leaving their homes.
Mary Bently, supports the offer of the developers.
Ruth Vezzitti, Tappan, questioned the town’s website and election chairperson’s certification.
RESOLUTION NO. 300 CLOSE PUBLIC PORTION
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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Frank Simeone representing the Blauvelt Fire Department said that the actuary decides what dollars are needed. The Blauvelt Fire Department agreed to add the increase from their own funds. This increase will not affect the residents of Orangetown.
RESOLUTION NO. 301 APPROVE AMENDEMENT BLAUVELT FIRE DEPT
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the amendment of the Defined Benefit Service award program for the Blauvelt Fire Protection District of the Town of Orangetown, calling a Special Election on June 8, 2004, Directing Publication of Notices of Election and determining other matters in connection therewith is approved. Extract of Minutes is labeled Exhibit 4-F-04, and made a part of these minutes.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 302 COMBINE AGENDA ITEMS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that agenda items two (2) through twelve (12) are hereby combined.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 303 AMEND RESOLUTION NO. 207 STORM WATER MANAGEM’T
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Resolution No. 207 dated 3/8/04, is amended as follows:
RESOLVED, that with the other four towns in Rockland County, share in the hiring of an Environmental Resource Educator to provide public education and outreach to Rockland County communities, regarding NYS Department of Environmental Conservation’s storm water
Resolution No. 303 – Continued
management regulations in the amount of $6,800 per town annually to be charged to Account No. A5010/50457.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 304 APPROVE ACCOUNTANTS MICHAEL A. GENITO
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the use of 4 independent accountants for audit preparation at a maximum hourly rate of $60.00 as outlined in proposal from Michael A. Genito with funding not to exceed $12,000 and to be charged to Account No. A1310/50457 is approved.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 305 PERMISSION GRANTED POLICE/EMPIRE STATE TRAFFIC SAFETY
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that permission is granted for one police officer to attend the Empire State Law Enforcement Traffic Safety Conference in Colonie, NY on April 28, 2004 at a cost of $118.00 to be charged to B3120/0441-0480.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 306 AUTHORIZE REPRESENTATIVE NYS DEC/CHERRY BROOK BASIN
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that James Dean, Superintendent of Highways is authorized to act as representative for the Town of Orangetown to execute Contract No. M030023, with the NYS DEC for drainage, boundary and topographical surveys of the Cherry Brook Basin. The Town agrees to appropriate $17,500 for these surveys, which will be reimbursed by NYS DEC.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
RESOLUTION NO. 307 ADV BIDS/USED MULTI-PURPOSE ANTI-ICING TANK TRUCK/HWY
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that James Dean, Superintendent of Highways is hereby authorized to advertise for sealed bids for a used multi-purpose anti-icing tank truck and, Be It
RESOLVED FURTHER, that bids are to be received by 10:30 a.m., May 11, 2004, and be publicly opened and read aloud at 11:00 a.m., and Be It
RESOLVED FURTHER, that a report of all bids received and recommendation concerning the award is to be made at a regular Town Board meeting.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 308 ADV BIDS/POTASSIUM PERMANGANATE/ENV/ENG
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Dept. of Environmental Mgt. & Eng. is hereby authorized to advertise for sealed bids for potassium permanganate and, Be It
RESOLVED FURTHER, that bids are to be received by 10:30 a.m., May 11, 2004, and be publicly opened and read aloud at 11:00 a.m., and Be It
RESOLVED FURTHER, that a report of all bids received and recommendation concerning the award is to be made at a regular Town Board meeting.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 309 DEDICATION/PVT LOVETT CT ACROSS THE POND SUBDIV
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office, the Department of Environmental Management and Engineering and the Superintendent of Highways, the Town accepts the offer of dedication of Pvt. Lovett Court in the Across the Pond Subdivision as a Town road, for maintenance purposes, as said internal roadway is shown, depicted or designated on Filed Map No. 7148 and as described in the Deed.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 310 ACCEPT/RECEIVE/FORWARD DEEDS/PVT LOVETT CT/ACROSS THE POND SUBDIVISON
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 310 – Continued
RESOLVED, that the following Deeds are accepted, Received and forwarded to Town Attorney’s Office to record in the Rockland County Clerk’s Office: (1) original executed deed, in recordable form, from Across the Pond Properties, Inc., as Grantor, in favor of the Town of Orangetown, as Grantee, to which is annexed Schedule A (dedication of Pvt. Lovett Court), Schedule A-1 (gratuitous Road Widening of Van Wyck Road and Fifth Avenue), and Schedule A-2 (on site Pump Station) and (2) original executed Deed of Easement, in recordable form, from Across the Pond Properties, Inc., as Grantor, in favor of the Town of Orangetown, as Grantee, to which is annexed Schedule A (20’ Sanitary Sewer Easement through Lots 7 and 8 in this Subdivision) and Schedule A-1 (20’ Drainage Easement through Lots 10, 11, 12 & 13 in this Subdivision).
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 311 APPROVE/SETTLEMENT AMERICAN HOME PRODUCTS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Stipulation of Settlement for the Assessment years 2002 and 1992 between the Town of Orangetown and American Home Products, Inc. is hereby approved. The Stipulation of Settlement reduces the assessment by 116,220,746 for 2002 and the stipulation provides that upon receipt of the applicable refund by the property owner, that the l992/93 tax year proceedings will be discontinued.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 312 APPROVE/SETTLEMENT VIOLETTE MYRTIL/TORT CLAIM
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Office of the Town Attorney, and upon the report and recommendation of William B. Turner, Senior Claims Representative, Gallagher Bassett Services, Inc. (Town of Orangetown’s insurance carrier), the settlement of the tort lawsuit brought by Violette Myrtil against the Town of Orangetown, concerning an automobile accident, which occurred on February 7, 2003 on North Middletown Road, Pearl River, New York, in the amount of $12,500.00 and payment for which is to be made therefore is approved.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 313 ACCEPT MINUTES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 313 – Continued
RESOLVED, that the Workshop/Executive Session minutes of April 7, 2004, Regular Town Board Meeting minutes of April 12, 2004, Audit/Executive Session minutes of April 12, 2004, Executive Session minutes of April 19, 2004 and Police Commission minutes of April 21, 2004 are accepted.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 314 APPROVE FUNDING PROJECT GRADUATION
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Finance Director, the following contributions, to be charged to Account No. A4211/50457, for Project Graduation are hereby approved.
Nanuet High School $ 450
Nyack High School $1,250
Pearl River High School $2,500
Tappan Zee High School $2,500
Albertus Magnus $ 250
Total $6,950
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 315 ACCEPT DONATION/BILLY KAYSER FUND/VETERANS PK
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a donation of $3,595 from the Billy Kayser Fund for a scoreboard at the Babe Ruth field at Veteran’s Memorial Park is accepted.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
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RESOLUTION NO. 316 APPOINT/ANNE KOCH/BOARD OF ASSESSMENT REVIEW
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Anne Koch is hereby appointed to the Board of Assessment Review for a 5-year term, effective October 1, 2003 to October 1, 2008.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Absent: Councilman Morr
RESOLUTION NO. 317 ADJOURNMENT/MEMORY
Supervisor Kleiner offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 10:13 p. m., in memory of James Farrell, brother of Marie Boyle, Deputy Receiver of Taxes.
Ayes: Supervisor Kleiner, Councilpersons Manning, O’Donnell, Troy
Noes: None
Absent: Councilman Morr
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Charlotte Madigan, Town Clerk