TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, MARCH 22, 2004
The Regular Town Board Meeting was opened at 7:40 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
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Eliot Tozer, Deputy Supervisor
Suzanne Barclay, Executive Asst. to Supvr.
Teresa M. Kenny, Town Attorney
John Edwards, Deputy Town Attorney
Robert V. Magrino, Deputy Town Attorney
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Kevin Nulty, Chief of Police
Sgt. Steve Fisher, Police Department
Robert Simon, Receiver of Taxes
John Giardiello, Director, OBZPAE
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.
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The Pledge of Allegiance to the Flag was led by Ashley Boyce, Danielle Weill and Jasmin Nunez, students from Nanuet High School part of the Participation in Government (PIG) program.
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Sgt. Steve Fisher of the Orangetown Police Department gave a presentation to the Town Board regarding the Pearl River Business District’s parking issues. A Kiosk-based parking system was presented, which could solve the meter dilemma and eliminate many of the parking problems faced by commuters and business owners.
Supervisor Kleiner congratulated the museum for Juan Nickford’s Tools and Sculpture display, which will be at the Orangetown Historical Museum until May 16, 2004.
Richard Rose, Superintendent of Parks announced that The Hudson River Valley Greenway and Orangetown are pleased to designate the Joseph B. Clarke Rail-Trail as an official segment of the Greenway Trail System. This trail is located in the Town of Orangetown and will add four miles to the Greenway Trail. Supervisor Kleiner announced that the Watershed Recreation Program has been re-opened.
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Public Portion
Arnold Shore, Orangeburg, is concerned regarding the Pearl River School District double-digit tax increase. He feels the Town needs an increase of revenue, particularly in RPC.
Shelly Morgan, Tappan, said the Town Board discussed building a community center long after building a pool was agreed upon. He also discussed Orangetown’s cost of the pump station vs. NY State’s cost.
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RESOLUTION NO. 222 CLOSE PUBLIC PORTION
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 222 – Continued
RESOLVED, that the public portion is hereby closed.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 223 DESIGNATION OF LEAD AGENCY/COLLINS PROP
Councilwoman Manning offered the following resolution, which was seconded by Councilman Morr and was adopted:
RESOLVED, that the Town of Orangetown hereby declares itself Lead Agency for the purchase of the Collins property.
Ayes: Councilpersons Manning, Morr, O’Donnell
Supervisor Kleiner
Noes: None
Abstained: Councilman Troy
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RESOLUTION NO. 224 SEQRA DECLARATION COLLINS PROP
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Morr and was adopted:
RESOLVED, that a negative SEQRA Declaration is hereby adopted for the purchase of the Collins property, copy is labeled Exhibit 3-C-04 and made a part of these minutes.
Ayes: Councilpersons O’Donnell, Morr, Manning
Supervisor Kleiner
Noes: None
Abstained: Councilman Troy
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RESOLUTION NO. 225 BOND RESOLUTION/ADOPTED COLLINS PROP/$750,000
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was adopted:
RESOLVED, that upon the recommendation of the Finance Director, adopt Bond Resolution authorizing the Open Space Acquisition of and undivided interest in Real Property know as the Collins property, adjacent to Clausland Mountain, in the Town, stating the estimated maximum cost thereof is $750,000, appropriating said amount therefore, and authorizing the issuance of $750,000 Bonds of said Town to finance said appropriation, copy of the Extract of Minutes is labeled Exhibit 3-D-04 and made a part of these minutes.
Ayes: Councilpersons O’Donnell, Morr, Manning
Supervisor Kleiner
Noes: None
Abstained: Councilman Troy
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RESOLUTION NO. 226 RPC/ACCEPT PROPOSAL LAWLER, MATUSKY SKELLY SEQRA REVIEW
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the proposal of Lawler, Matusky and Skelly Engineers LLP to prepare the joint SEQR review of the municipal pool and community center, the private sports complex and the Little League fields, excluding traffic studies, in the amount of $23,000 for basic services as outlined in their proposal of March 22, 2004 and an amount not to exceed $2,500 for meetings with outside agencies is hereby accepted.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 227 COMBINE AGENDA ITEMS
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that agenda items five (5) through twenty-three (23) except for item no. 13 are hereby combined.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 228 2004 VOLUNTEER HEALTH SERVICES ADVISORY COM DANIEL GOSWICK
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that Daniel Goswick is appointed to the 2004 Health Services Advisory Committee.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 229 2004 BUREAU OF FIRE PREVENTION/PAUL RASO AND RAYMOND SLAVIN
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that Paul Raso and Raymond Slavin is appoint to the 2004 Bureau of Fire Prevention Committee.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 230 APPROVE AID/PEARL RIVER LION’S CLUB ANNUAL FLEA MARKET
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the request of the Pearl River Lion’s Club, for its Annual Flea Market at the Pearl River Central Avenue field on May 29-30th, 2004, for use of up to four portable toilets, eight large waste receptacles and a dumpster (clean-up and pick-up), and allowing a banner to be hung across Central Avenue the week prior to the event, to be charged to celebrations account #A7550 is hereby approved.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 231 APPROVE AID/SOUTH ORANGETOWN AMBULANCE COMMUNITY OUTREACH DAY
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the request of the South Orangetown Ambulance Corps for its Community Outreach Day on Saturday, June 12 (rain date of June 13) for use of the Showmobile, with S.O.A.C. providing a certificate of insurance is hereby approved.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 232 POLICE REGULATIONS 2-HOUR PARKING E CENTRAL/SPARROW LN
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that a Police Regulation for a six (6) month trail period, installation of a sign, “2-Hour Parking, between 7:00 a.m. and 3:00 p.m. on School Days” on East Central Avenue and Sparrow Lane, Pearl River is adopted.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 233 APPROVE/RENEWAL CONTRACT 2004 SUMMER DAY CAMP RINALDI BUS COMPANY
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings, renewal of the contract between the Town of Orangetown and Rinaldi Bus Company for the Summer of 2004 Day Camp Program is approved.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 234 AUTHORIZE/RENEWAL CONTR 2004 SUMMER DAY
THE NOBLE NINTH INC
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings and the Town Attorney, the Supervisor and Town Attorney is authorized to sign the letter-extension agreement providing the Town with the use of the picnic grounds of The Noble Ninth, Inc. in Tappan as a summer camp for the period commencing Monday, July 6, 2004 through Friday, August 13, 2004.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 235 ESTABLISH/POSITION/FINANCE SUPERVISOR OF FISCAL SERV
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the position of Supervisor of Fiscal Services (Towns), reclassification of Computer Operator and Account Keeping Supervisor, in the Accounting, grade 16 (no change), effective immediately is established.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 236 AUTHORIZE/AGREEMENT LEGAL REPRESENTATION/NYS REAL PROP TAX LAW ART 7 THOMAS F. O’CONNELL ESQ
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Supervisor is authorized to execute and deliver a retainer agreement with Thomas F. O’Connell, Esq., of O’Connell and Riley, Esqs. 144 East Central Avenue, Pearl River, New York, to undertake legal representation of the Town regarding litigation brought against the Town under the New York State Real Property Tax Law, Article 7, which retainer agreement shall be in form and substance satisfactory to the Office of the Town Attorney, at the hourly rate of compensation of $195.00 for partners; $125.00 per hour for Associate; and $75.00 per hour for Paralegal, for an amount not to exceed $5,000 for services which shall include, but not be limited to, research, and case law analysis, review of pending tax certiorari cases, appraisal analysis, review and documentation preparation, conferences with experts, negotiations, trial preparation and trial of matters.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 237 APPROVE/TAX SETTLEMENT CERTIORARI/MARZEEPLEX
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
Resolution No. 237 – Continued
RESOLVED, that upon the recommendation of the Town Attorney’s Office and Assessor, settlement of tax certiorari for Marzeeplex Associates LLC, Tax Map No. 70.19-1-42, by reducing the assessed value for tax years 1999/00 from $765,700.00 to $715,700.00; for tax
years 2000/01 from $765,700.00 to $715,700.00; for tax years 2001/02 from $765,700.00 to $640,000.00; for tax years 2002/03 from $765,700.00 to $557,200.00; and for tax years 2003/04 from $765,700.00 to $703,800.00, for a total refund by the Town of $6,925.00 is hereby approved. Interest on the Town’s Liability as a result of the 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.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 238 APPROVE/TAX SETTLEMENT CERTIORARI/MIDDLEFOREST
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and Assessor, settlement of tax certiorari for Middleforest LLC, Tax Map No. 68.12-5-26 by reducing the assessed value for tax years 1998/99 from $762,400.00 to $712,400.00; for tax years 1999/00 from $762,400.00 to $712,400.00; for tax years 2000/01 from $762,400.00 to $662,400.00; for tax years 2001/02 from $762,400.00 to $604,700.00; and for tax years 2002/03 from $762,400.00 to $635,400.00; and for tax years 2003/04 from $762,400.00 to $675,000.00, for a total refund by the Town of $7,103.00 is hereby approved. Interest on the Town’s Liability as a result of the 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.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 239 APPROVE/TAX SETTLEMENT CERTIORARI/UNION STATE BK
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and Assessor, settlement of tax certiorari for Union State Bank, Tax Map No. 69.09-2-1, by reducing the assessed value for tax years 1998/99 $366,00.00, no change; for tax years 1999/00 $366,000.00, no change; for the tax years 2000/01 $366,000.00, no change; 2001/02 from $366,000.00 to $325,000.00; for tax years 2002/03 from $366,000.00 to $325,000.00; and for tax years 2003/04 from $366,000.00 to $325,000.00, for a total refund by the Town of $4,537.00 is hereby approved. Interest on the Town’s Liability as a result of the 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.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 240 APPROVE/TAX SETTLEMENT CERTIORARI/UNION STATE BK
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
Resolution No. 240 – Continued
RESOLVED, that upon the recommendation of the Town Attorney’s Office and Assessor, settlement of tax certiorari for Union State Bank, Tax Map No. 74.10-1-71, by reducing the assessed value for tax years 1998/99 from $3,950,000.00 to $3,850,000.00; for tax years 1999/00 from $3,950,000.00 to $3,850,000.00; for tax years 2000/01 from $3,950,000.00 to $3,850,000.00; for tax years 2001/02 from $3,950,000.00 to $3,691,000.00; for tax years 2002/03 from $3,950,000.00 to $3,313,000.00; and for tax years 2003/04 from $3,950,000.00 to $3,331,000.00, for a total refund by the Town of $25,732.00 is hereby approved. Interest on the Town’s Liability as a result of the 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.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 241 APPROVE/TAX SETTLEMENT CERTIORARI/UNION STATE BK
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and Assessor, settlement of tax certiorari for Union State Bank, Tax Map No. 74.10-1-69, by reducing the assessed value for tax years 1998/99, $400,000.00 no change; for tax years 1999/00 $400,000.00, no change; for tax years 2000/01 $400,000.00, no change; 2001/02 $400,000.00 no change; for tax years 2002/03 from $400,000.00 to $360,000.00; and for tax years 2003/04 from $400,000.00 to $360,000.00, for a total refund by the Town of $2,869.00 is hereby approved. Interest on the Town’s Liability as a result of the 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.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 242 APPROVE/TAX SETTLEMENT CERTIORARI/RICHARD A LESLIE COMPANY INC
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and Assessor, settlement of tax certiorari for Richard A. Leslie Company, Inc., Tax Map No. 73.20-1-33, by reducing the assessed value for tax years 2001/02 from $3,150,000.00 to $2,500,000 and tax years 2002/03 from $3,150,000.00 to $2,500,000.00, for a total refund by the Town of $14,294.00 is hereby approved. Interest on the Town’s Liability as a result of the 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.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 243 APPROVE/TAX SETTLEMENT CERTIORARI/KEEBLER COMP
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney’s Office and Assessor, settlement of tax certiorari for Keebler Company, Tax Map No. 73.19-1-8, by reducing the assessed value for tax years1997/98, $2,663,200, no change; for tax years 1998/99 $2,663,00, no change; for tax years 1999/2000 from $2,663,200.00 to $2,500,000.00; tax years 2000/01 from $2,663,200.00 to $2,300,000.00; tax years 2001/02 from$2,663,200.00 to $2,300,000.00; tax years 2002/03 from $2,663,200.00 to $2,100,000.00; and tax years 2003/04 from $2,663,200.00 to $1,900,000.00, for a total refund by the Town of $23,559.00 is hereby approved. Interest on the Town’s Liability as a result of the 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.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 244 RECEIVE/FILE/DEED
G & W BUILDERS CORP
HICKORY ESTATES SUBDIV
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Deed dated October 21, 2003 from G & W Builders Corp., a New York corporation, as Grantor, in favor of the Town of Orangetown, as Grantee, conveying fee title to the portion of Hickory Street within the geographical boundaries of the Hickory Estates Subdivision as described, depicted and shown on the Hickory Estates Subdivision Map filed in the Rockland County Clerk’s Office on December 24, 2003 as Instrument ID #2003-00097535 is filed in the Town Clerk’s Office.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 245 RECEIVE/FILE/OWNER’S POLICY COMMONWEALTH LAND TITLE INSURANCE COMP
HICKORY ESTATES SUBDIV
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Owner’s Policy of Title Insurance, File/Policy No. C970106 issued by Commonwealth Land Title Insurance Company, dated December 24, 2003, affirmatively insuring title in favor of the Town of Orangetown in the amount of $35,000.00 for that portion of Hickory Street as described in Schedule A annexed to the Deed dated October 21, 2003 from G & W Builders Corp., a New York corporation, as Grantor, in favor of the Town of Orangetown, as Grantee, conveying fee title to the portion of Hickory Street within the geographical boundaries of the Hickory Estates Subdivision as described, depicted and shown on the Hickory Estates Subdivision Map filed in the Rockland County Clerk’s Office on December 24, 2003 as Instrument ID #2003-00097535 and as set forth in said Owner’s Title Insurance Policy is filed in the Town Clerk’s Office.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 246 ACCEPT MINUTES
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Executive Session minutes of March 1, 2004 and March 15, 2004; Regular Town Board Meeting minutes of March 8, 2004 and Audit Meeting minutes of March 8, 2004 are hereby accepted.
Ayes: Councilpersons O’Donnell, Troy, Manning, Morr
Supervisor Kleiner
Noes: None
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New Business
RESOLUTION NO. 247 APPROVE/CONTRACT/KORN ROSENBAUM, PHILLIPS & JAUNTING LLP
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Finance Director, contract with Korn, Rosenbaum, Phillips & Jaunting LLP for accounting services for an average hourly rate not to exceed $105.00 per hour, for an amount not to exceed $5,000.00 is approved.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
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RESOLUTION NO. 248 APPOINT/HOUSING AUTHORITY
Councilman Morr under New Business offered the following resolution, which was seconded by Councilman O’Donnell and was adopted:
RESOLVED, that Helen Murphy is appointed to the Housing Authority Committee.
Ayes: Councilpersons Morr, O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
Supervisor Kleiner reminded the Board that the policy of the Town Board was to have resumes presented along with the name proposed, at workshop, for discussion, before being nominated for a committee.
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RESOLUTION NO. 249 ADJOURNMENT/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 9:37 p.m. in memory of Barbara Feld, Computer Operator Manger & Account Supervisor for the Town, who was with Orangetown for over 26 years.
Ayes: Councilpersons Troy, Manning, O’Donnell, Morr
Supervisor Kleiner
Noes: None
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Charlotte Madigan, Town Clerk