TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
JANUARY 28, 2002
The Regular Town Board Meeting was opened at 8:22 P.M. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Edward Fisher
Councilman Dennis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Also Present:
Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
James K. Riley, Town Attorney
Thomas O’Connell, Deputy Town Attorney
Suzanne Barclay, Executive Asst. to Supervisor
Charles Richardson, Director of Finance
Mike Yannazzone, Highway Dept.
Robert Beckerle, Dir.,Dept. Environmental Mgt. & Eng.
Kevin A. Nulty, Chief of Police
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
Richard L. Rose, Jr., Supt., Parks-Recreation & Bldg. Maint.
The Pledge of Allegiance was led by Eugene Fitzpatrick
Public Portion:
Supervisor Kleiner, mentioned the following:
Artist Rose Marie Raccioppi’s framed etched glass work re: September 11, 2001 is on display in Town Hall.
Weekly Recycling Begins February 6
Route 303 Overlay Zoning District
Blood Drive – February 4 in Town Hall sponsored by Town of Orangetown Highway Department and dedicated to families affected by September 11, 2001
Supervisor Kleiner spoke re the large number of the people who wanted to speak and asked all to keep their comments to three minutes and the public portion was opened:
Donald Brenner, Orangeburg, Attorney, spoke re the sports complex and the modification needed for the zoning of this complex. Two traffic lights on Veterans explained requesting of formation of LL that would permit this to be built. Explained all the reviews that would be needed for this special permit. Had copy of suggested LL that he actually composed which will be made an exhibit of these minutes. Mr. Brenner gave the specifics of what could be built and what hardships the town would encounter re traffic and safety.
Asked the Town Board to hear Mr. Lane ( builder). Mr. Lane gave his background as a 28 year resident of Pearl River explained the importance of a sports complex. He raised his family here and is currently an Oranagetown resident, He has been asked many times by residents to build a complex of this kind and he feels that we must address this issue.
Thom Kleiner, explained the issues that would be addressed tonight.
James Neeck, youth officer, hockey coach, is in favor of complex, hockey teams must travel to have ice time and believes that rinks are needed in Orangetown. Mr. Neeck introduced the members that came tonight in favor of the complex.
Thom Buhler, coach for the modified program, is in favor of complex, importance this complex will be for future of these teams.
Joe Shea, VP of ice hockey club and roller hockey, growth of these teams indicates the importance of building a complex that will enhance this issue of growth.
Bill Henahan, Pearl River, in favor of this sports complex.
Joe Wrafter, Pearl River, 30 year resident believes that this proposal will not be good for this community. Mentioned the following concerns, safety, speed, trucks that will be in and out of this area, sewer etc.. Master Plan to revitalize Pearl River would be hindered. Pearl River Middle School students would be affected. Requested the Town Board not refer this to the zoning board.
Tony Capone, Pearl River Hockey Coach and resident need for facility, in favor.
Margaret Sullivan gave time to Mr. Wrafter not in favor of this complex.
Terry McArdle, Pearl River in favor
Margaret Sullivan not in favor
Kathleen Sullivan, Pearl River not in favor.
Mike Santini, Pearl River, urges TB to support this rink.
Bill Wynne, Ramapo Police Officer, in favor of hockey rink in Orangetown.
Jo-ann Fasulo, spoke re taxes, feels increase will cause adults to move out of Orangetown.
Gina Ironside, Tappan, re information she gathered overweekend re rt. 303,
Karen Mckeraney, Pearl River, read statement strongly against this proposal.
Gail McMovvew, Pearl River is in favor of this complex.
Albert Alexander, Pearl River, not in favor of this complex.
Mike Henry, Pearl River, in favor of complex.
Margaret Rodwm, Pearl River, in favor.
Tim McGee, Pearl River, has reservations re cinema, however is in favor of complex
Jackie Curtis, Pearl River has reservations but in favor of ice hockey complex.
Maureen Shanahan, Pearl River, against this complex.
Patrick Shanahan, Pearl River, against this complex.
Michael Carroll, Pearl River, against this complex believes this will mirror Palisades Mall re safety.
Kelly O’Casal, Pearl River, 12-year resident need for complex, is in favor.
Ellen McCarty, Tappan, developers have taken beauty away; spoke re epoxy top to wall is not consistent with plans that calls for stone.
Martin Murphy, Pearl River, against complex.
Jim Cook, Pearl River, 3 children in favor of ice hockey but is against movie cinema and believes quality of life will be affected by the size of this complex.
Louis Liggio, Pearl River, strongly against this complex
Kerry Liggio, Pearl River, read letter why it is important to vote against a complex of this size, believes this will be hazardous to the children of the Middle School.
Ed O’Day, Pearl River, read letter from Bill Schule in favor of ice hockey rink, Mr. O’Day is also in favor of sports complex. Reminded the Board that when Mercedes Benz was coming to Pearl River the traffic study indicated that traffic would not be a problem.
Judy Ebeling, Pearl River, drove by this site and believes this is not a proper site for this complex.
Gail Raffaele, Tappan, in favor of tax relief and thanked Mr. Lane and Mr. Quinn for presenting this to the board
Eileen Quinn, against this complex.
Kevin Quinn, against this complex
David Grossbard, Pearl River, strongly opposed to this complex. Safety issues major problem.
Maria Flynn, Pearl River, opposed to this complex. Safety issues will occur if we build.
Peggy Powers, Pearl River, on Pearl River PTA ,against complex of this size. Middle School will be greatly effected against strongly a complex of this size.
Susan Krumm, on ambulance corps, this will greatly over burden all fire, ambulance against this complex.
Cathryn Liggio, Pearl River, against this complex.
Noel Haskel, Nyack, would like to see school taxes could be divided in two if not more.
Trish Moran, Pearl River, priorities are the pool, soccer, and ice hockey should be addressed, but not in this complex, leave this zoning as office park.
Sharron Kelley Bailey, Pearl River, believes this complex for hockey would be benefit.
David Howe, Tappan, Community has indicated that they do not want Rt 303, Big Box stores Big complex’s are against what community. Has 696 petitions to support the legislation to be voted on 1-29-02.
Ei Mollock. Pearl River High School, is against a complex of this size. Is concerned for safety of her younger siblings. As a High School sudent she does not feel that High School students need this complex to keep busy.
Bernadete Carroll, Pearl River against this complex.
Kathy Clancy, Pearl River, against.
Donna McDonough, Pearl River, is against this complex, this is not a sports complex.
Linda Coldner, Pearl River, makde a list of pros and cons therefore is against.
Dennis Toal, Pearl River, against this complex.
Ruth Ann Ansalmi, Pearl River, safety issues, concerned for Middle School students and feels that their safety will be effected.
Fran Oldenberger, Tappan, spoke re the 124 people she interviewed, 102 signed in favor or Rt. 303 overlay as proposed.
Mel Rosen Wasser, Orangeburg, has children who play hockey, needs facility for hockey but is against this complex as presented.
Hector May, Orangetown, spoke re safety of issues, does not believe safety is as bad as presented. Spoke re the need to balance the tax issue and building issues.
Eileen Larkin, Palisades, spoke re the quality on Rt. 303 and this complex. The effect building has on our drinking water, also suggested this could be put on Rt. 303.
Ellen Murphy, Upper Grandview, against Big Box on Rt 303, believes RPC could be a proper spot for a sport facility.
Michelle Wrafter, Pearl River, against this complex, has been a resident for 29 years.
Tom Dinan, Pearl River, suggested that Mr. Brenner owns movie theatres in Pearl River and would hope that these movie theatres be reopened
Henry Borauskie, Pearl River, against this complex does not want board to send to zoning board.
Donald Brenner, Attorney presented reasons to give this to the zoning board. To present a fair and complete study it must be sent to the zoning board. The only way to present all studies to the community it must be presented to the zoning board so that the Town Board can make an educated determination. Donald Brenner stated that the Central Theatre is being sold, but is not complete at this time. The owner has asked that he answer all questions so that he can accommodate the needs of the community.
Councilman O’Donnell, spoke re publication not in the paper. People are here because of word of mouth. Councilman O’Donnell spoke regarding the need for a sports facility that has been demonstrated in the past. He spoke concerning the taxes, the children and other needs. He then ended by saying that this should not be referred out.
Councilman Troy, spoke regarding process, youth, sports. Explained RPC and loss of taxes to the Town and The Pearl River School system. Shares concerns of Middle School and traffic, not looking for arcade and movie theatre. He will not vote tonight to refer it further.
Marie Manning, Pearl River, thanked people for their interest. Calls indicated they were for the rink but not for the complex. The size of this complex is to large, is in favor of rink but not in favor of anything this large.
Councilman Fisher, explained that Scardi and Schiff, are the organizers of the Master Plan will be given this information and asked to remark on this presentation.
Thom Kleiner, Supervisor indicated that Scardi and Schiff have in writing approved the Rt. 303. The site as presented is to intense a use for this site. This is a gateway to Pearl River and this project is not in the best interest of Pearl River. You must look at the future of 10 years or more and see how the project will appear then. Land use cannot be only evaluated on tax return. It is important for developers to look at RPC because it is very close for the issue to be considered as a board. Within 50 days the Town Board will need to consider plan for the vacant land of RPC. This will include bonding issues and include rateables. These will not be an easy issue and complimented the community at large for attending this democratic process.
RESOLUTION NO. 60 COMBINE AGENDA ITEMS
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that agenda items one (1) through twelve are hereby combined as one.
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 61 ADOPTED/CERT. OF REG.
2002/PLUMBERS’LICENSE
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Certification of Registration 2002 (Plumbers License) for Ronald J. Tarigo, Stony Point, New York is hereby approved. (Dept. Envir. Mgt. & Eng.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 62 AUTHORIZE EMERGENCY REPAIR/SPARKILL PUMP STATION
EMERGENCY GENERATOR
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board authorizes emergency repair of the Sparkill Pump Station Emergency Generator. (Dept. Envir. Mgt. & Eng.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 63 PERMISSION GRANTED
DEPT. ENVIR. MGT. & ENG.
BECKERLE
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that permission is granted to Robert J. Beckerle, Dir., Dept. Env. Mgt. & Eng., to attend the New York Water Environment Association 74th Annual Winter Meeting on February 3-6, 2002 in New York City at a cost of $440.00 to be charged to account 8110/0441-0480. (Dept. Env. Mgt. & Eng.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 64 ADOPTE/LEASE CONTRACT
POLICE VEHICLES
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the lease contract for twelve Crown Victoria Police vehicles for a total of $269,465, including interest, to be paid over a two year period: $134,733 in 2002 and $134,733 in 2003, is hereby approved. (Police Dept.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 65 AWARD BID/POLICE UNIFORMS
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that due to the withdrawal of the bid by Park Coats Inc., 790 Third Avenue, Brooklyn, N.Y., for the purchase of police uniforms, award the entire bid to D&E Uniforms, 213 Closter Road, Closter, NJ. (Police Dept.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 66 ADOPTED/EXTEND MUNICIPAL SNOW & ICE AGREEMENT
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the proposed agreement to Extend Indexed Lump Sum Municipal Snow and Ice Agreement between the Town of Orangetown and the New York State Department of Transportation for two separate periods: from July 1, 2002 to June 30, 2003 and from July 1, 2003 to June 30, 2004, is hereby approved. (Highway Dept.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 67 ADV.BIDS/FOUR WHEEL DRIVE
TRUCK W/ACCESSORIES
Councilman Fisher offered the following resolution, which was seconded by
Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Town Clerk is hereby authorized to advertise for sealed bids for the purchase of one (1) new heavy-duty four-wheel drive truck with accessories, and, Be It
RESOLVED FURTHER, that bids are to be received by 10:30 A.M, Friday, February 15, 2002, 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. (Highway Dept.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 68 ADOPTED/APPT. ADMN. SECY
DONNA MORRISON
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that provisional employee, Donna Morrison, is hereby appointed to
RESOLUTION NO. 68 (continued)
the position of Administrative Secretary 1, permanent, from Eligible List No. 01169, effective immediately, grade 12-7, annual salary $50,031. (Personnel Dept.)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 69 RECEIVE/FILE/RYERSON ESTATES
SUBDIVISION DEEDS
Councilman Fisher offered the following resolution, which was seconded by
Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Ryerson Estates Subdivision deeds are hereby received and
filed as follows:
- Deed dated May 27, 1997 from the developer, Rockhill Building Corp., a New York Corporation, in favor of the Town of Orangetown, conveying thereunder the northerly extension of Ryerson Place as described in Schedule “A” annexed thereto; and accepting for maintenance Ryerson Place as shown on the original filed map and the map for the Ryerson Estates Subdivision as approved by the Orangetown Planning Board; the intent being to accept the offer of dedication, and maintain, the entire Ryerson Place by the town of Orangetown;
- Deed dated as of May 27, 1997 from Rockhill Building Corp., in favor of the Town of Orangetown granting to the Town a Storm Drainage and Sanitary Sewer Easement affection Lot 4 in the Ryerson Estates Subdivision in accordance with Schedule “A” annexed thereto;
- Deed dated May 27, 1997 from Rockhill Building Corp., in favor of the Town of Orangetown granting a 15 Foot Wide Utility and Drainage Easement Affecting Lots 2 and 3 in the Ryerson Estates Subdivision in accordance with Schedule “A” annexed thereto; and
- Deed dated May 27, 1997 from Rockhill Building Corp, in favor of the Town of Orangetown granting a Drainage Easement Affecting Lots 4, 5 and 6 in the Ryerson Estates Subdivision as described in said Schedule “A” annexed thereto.
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 70 ADOPTED/SETTLEMENT
HOSANG/
Councilman Fisher 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 South Orangetown School District, the settlement of the tax certiorari of Vincent and Jeanette Hosang, Tax Map No. 74.19-1-2, for the tax assessment years 1997, 1998, 1999, 2000 and 2001 is hereby approved as follows:
RESOLUTION NO. 70 (continued)
Tax Years
From To
1997 $2,602,700 $2,602,700
1998 $2,802,700 $2,802,700
1999 $2,802,700 $2,427,980
2000 $2,802,700 $2,233,470
2001 $2,802,700 $2,233,470
for a total refund by the Town of $18,686.00; for a total refund by the School of $48,668.00. Interest on the Town and School’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 on the Town. (Town Attorney)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 71 SET DATE PH/REFER/DRAFT GENERIC ENVIR. IMPACT STATEMENT (GEIS)
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the date of February, 28,2002 at 8:00P>M>is hereby set for a Public Hearing to consider acceptance of the Draft Generic Environmental Impact Statement (GEIS) and the Draft Comprehensive Plan (Plan) prepared by Saccardi and Shiff and, Be It
RESOLVED FURTHER, that the Draft Generic Environmental Impact Statement (GEIS) and Draft Comprehensive Plan (Plan) are hereby referred to the Rockland County Planning Department and the Orangetown Planning Board for comment. (Town Attorney)
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 72 ADOPTED/REAPPOINT
BOARD OF ETHICS
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the following members are reappointed to the Board of Ethics as follows:
Monsignor William J. Belford – January 1, 2000 through December 31, 2004;
Reverend Louis Sanders – January 1, 2002 through December 31, 2003.
Sister/Dr. Margaret Fitzpatrick – January 20, 2002 through December 31, 2006.
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 73 ACCEPT MINUTES
Councilman Fisher offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the minutes of Special Town Board meetings of 11/27/01, 12/11/01, 12/17/01, 1/17/02; Audit Meetings of 12/17/01, 1/14/02; Regular Town Board Meetings of 12/07/01, 1/14/02 are hereby approved.
Ayes: Councilpersons Fisher, Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 74 ADJOURNMENT
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board meeting is adjourned at 11:55 P.M.
Ayes: Councilpersons Fisher, O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
______________________________________
CHARLOTTE MADIGAN, TOWN CLERK
RTBM-1/28/02 2
DRAFT