TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MONDAY, OCTOBER 26, 2009
This Town Board Meeting was opened at 7:40 p.m. Supervisor Kleiner presided and the Town Clerk called the Roll. Present were:
Councilman Denis Troy
Councilwoman Marie Manning
Councilwoman Nancy Low-Hogan
Councilman Michael Maturo
Also present: Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
John Edwards, Town Attorney
Teresa Kenny, First Deputy Town Attorney
Suzanne Barclay, Executive Assistant to the Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Ron Delo, Director of the Dept. of Envtl Management & Engineering Robert Simon, Receiver of Taxes
John Giardiello, Director of OBZPAE
Aric T. Gorton, Superintendent Parks-Rec. & Building Maint.
Mary Cardenas, Town Historian
Esta Baitler led the Pledge of Allegiance to the Flag.
On Thursday, October 29, 2009 at 8:00 p.m., St. Margaret’s School Students will be performing at Lincoln Center.
The Town Board has been conservative in the budget estimates in terms of revenue and the use of the fund balance. There is a freeze on department heads, elected officials and other discretionary increases. The Town Board has reduced the 2010 Preliminary Budget, bringing it down a few hundred thousand dollars, which will lower the tax rate closer four. The Town Board plans to continue to work on the budget before the Public Hearing which is scheduled for Thursday, November 5th.
Summary of Public Comments (RTBM)
Esta Baitler, advocate for Cathy Lukens home, asked why a traffic study has not been done and why speed bumps have not been installed along Route 340.
Gail Raffaele, Tappan, said there is no assurance the Tappan Military property housing project is only going to be for veterans. According to the application for funding, by the Rockland Housing Coalition, the housing will be for mentally ill people, felons, domestic abuse individuals and their families and there will be only an element for veterans.
Eileen Larkin, Palisades, asked if the grant funds are to be a reduction to the Siemens contract. She is against the increase in term limits and she is not happy with the 4% budget increase.
RESOLUTION NO. 649 OPEN PH/REAL PROPERTY TAX EXEMPTION FOR CAPITAL IMPROVEMENTS TO CERTAIN RESIDENTIAL BUILDINGS
Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the 8:00 p.m. public hearing to consider the adoption of a local law, amending Chapter 43 of the Town Code by adding a new Article VIII entitled “Real Property Tax Exemption for Capital Improvements to Certain Residential Buildings”, as authorized by §421-f of the Real Property Tax Law is hereby opened.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 10-F-09 and made a part of these minutes.
Supervisor Kleiner explained this legislation is to stimulate home improvements between $3,000 and $80,000. The hope is that people who might otherwise deferred home improvements would be less inclined to defer them if they new any tax increase (any increase in assessment) based on that improvement would not kick in at all for the first year and would go up by 12.5%, up to eight years. This is a state program that the Town can opt into to encourage economic growth. The county is going to consider this and the school districts may consider it. It could be a sufficient tax savings for those making improvements and relatively little impact on the overall Town tax base but it would stimulate sales tax revenue and will create jobs where employment has been lost.
Summary of the Public portion:
Michael Mandel, Pearl River, is against this legislation. He believes this is wrong for the Town and taxpayers. If you can afford to renovate then you can afford the taxes. Any new legislation that reduces income to the Town should not be voted on, since 2010 may have new Board members.
Eileen Larkin, Palisades, is against this legislation. There should be an in depth study before acting on this law. What will the impact be for the other taxpayers?
Gail Raffaele, Tappan, opposes this legislation. You are taxing people who don’t care to expand. If people can afford to put an addition on then they should be able to afford their taxes.
Tim Finn, Orangeburg, asked if the improvements include outside and inside the house. He believes this legislation is just to gain votes. People who pay their taxes want a fair shake.
RESOLUTION NO. 650 CLOSE PUBLIC COMMENTS REAL PROPERTY TAX EXEMPTION FOR CAPITAL IMPROVEMENTS TO CERTAIN RESIDENTIAL BUILDINGS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, the public portion of this public hearing for is hereby closed.
Ayes: Councilpersons Low-Hogan, Maturo, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 651 DESIGNATION OF LEAD AGENCY REAL PROPERTY TAX EXEMPTION FOR CAPITAL IMPROVEMENTS TO CERTAIN RESIDENTIAL BUILDINGS
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board hereby declares itself Lead Agency in this matter.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 652 NEGATIVE SEQRA DECLARATION REAL PROPERTY TAX EXEMPTION FOR CAPITAL IMPROVEMENTS TO CERTAIN RESIDENTIAL BUILDINGS
Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
Resolution No. 652 – Continued
RESOLVED, that a negative SEQRA Declaration is hereby adopted.
Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 653 REAL PROPERTY TAX EXEMPTION FOR CAPITAL IMPROVEMENTS TO CERTAIN RESIDENTIAL BUILDINGS TOWN BOARD/FURTHER DISCUSSIONS
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the Town Board voted to have a further discussion on this legislation.
Ayes: Councilpersons Maturo, Low-Hogan, Troy, Manning
Supervisor Kleiner
Noes: None
After a lengthy discussion the Town Board agreed to reserve its decision in order to hold a discussion regarding this matter with the school districts.
* * *
RESOLUTION NO. 654 RESERVE/REAL PROPERTY TAX EXEMPTION FOR CAPITAL IMPROVEMENTS TO CERTAIN RESIDENTIAL BUILDINGS
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED that the Town Board reserves its decision regarding a local law amending Chapter 43 of the Town Code by adding a new Article VIII entitled “Real Property Tax Exemption for Capital Improvements to Certain Residential Buildings”, as authorized by §421-f of the Real Property Tax Law.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 655 NYS DOT/SPEED TRAFFIC SAFETY STUDY/ROUTE 9W/LOWLAND DR TAPPAN ZEE ELEMENTARY SCHOOL
Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
WHEREAS, Guy DeVincenzo, the Chairman of the Town of Orangetown Traffic Advisory Board, on behalf of the Traffic Advisory Board, recommends that the Town Board pass a resolution requesting that the New York State Department of Transportation conduct a speed, traffic and safety study for the Route 9W corridor between Lowland Drive and Tappan Zee Elementary School;
WHEREAS, Ms. Mary Kaplan, a resident of Upper Grandview, New York, has met with the Traffic Advisory Board on multiple occasions to discuss this issue;
WHEREAS, the New York State Department of Transportation has stated that it “will only consider this type of request from the local municipality within which the area of concern is
Resolution No. 655 – Continued
located,” and that “the municipality will need to send an official resolution to the Department requesting that the referenced situation be studied”;
WHEREAS, the Honorable Thomas P. Morahan, State Senator 38th District, also requests that the Town Board adopt a resolution requesting the State conduct a traffic study for this area;
NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby requests that the New York State Department of Transportation conduct a speed, traffic and safety study for the Route 9W corridor between Lowland Drive and Tappan Zee Elementary School.
Ayes: Councilpersons Troy, Maturo, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 656 POLICE REGULATION HANDICAPPED PARKING/PEARL RIVER LIBRARY
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Traffic Advisory Board, installation of one handicapped space in front of the Pearl River Library at 80 Franklin Avenue, Pearl River is hereby approved.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 657 AUTHORIZE/OUT OF DISTRICT SEWER SERVICE CONNECTION 4 MARYCREST RD/W NYACK
Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that upon the recommendation of the Director of the Department of Environmental Management and Engineering, and the Orangetown Town Attorney, permission is hereby granted for an out of district sewer service connection to the Rockland County Sewer District No. 1 for 4 Marycrest Road, West Nyack.
Ayes: Councilpersons Maturo, Troy, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 658 AMEND CONTRACT/SIEMENS ENERGY PERFORMACE CONTRACT USE OF NYSERDA/US DOT/US DOE GRANT FUNDS
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Siemens Energy Performance Contract is amended, in the amount of $405,452, to reflect the use of NYSERDA, U.S. DOT, and U.S. DOE grant funds.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 659 AWARD BID/JOHN DEERE HYDRO BUNKER/INFIELD RAKE/LACORTE FARM AND LAWN EQUIPMENT/PARKS
Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
WHEREAS, the Superintendent of Parks and Recreation duly advertised for sealed bids for a John Deere Hydro Bunker/Infield Rake, which were received and publicly opened on September 30, 2009. The Superintendent made this recommendation to the Town Board; a copy is labeled Exhibit 10-G-09, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to LaCorte Farm and Lawn Equipment, the lowest qualified bidder, in the amount of $11,375.00 to be charged to Account No. A7020/50200.
Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 660 TAX CERTIORARI/STIPULATION OF SETTLEMENT AND ORDER CHROMALLOY AMERICAN CORP
Councilwoman Manning 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 the Assessor, Dennis D. Michaels, Deputy Town Attorney, is hereby authorized to sign the Stipulation of Settlement and Order regarding the tax certiorari proceeding Chromalloy American Corp. v. The Assessor, et al. Tax Map designation 73.20-1-1 for the tax assessment year 2004 through 2009, for a total refund by the County of $17,443, and for a total refund by the Town of $72,295. Interest on the Town’s liability as a result of assessment decrease or refund 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 Manning, Troy, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 661 SCHEDULE PUBLIC HEARING ILLEGAL SEWER HOOKUPS
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a public hearing is scheduled for November 9, 2009 at 8:00 p.m. to consider a proposed local law pertaining to Illegal Sewer Hookups. The proposed local law is pursuant to the Consent Order previously agreed to with the State of New York.
Ayes: Councilpersons Low-Hogan, Manning, Troy, Maturo
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 662 ACCEPT MINUTES
Councilwoman Low-Hogan offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
Resolution No. 662 – Continued
RESOLVED, that the September 29, 2009 Regular Town Board Meeting, Audit Meeting and Executive Session minutes are hereby accepted.
Ayes: Councilpersons Low-Hogan, Maturo, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 663 2010 PRELIMINARY BUDGET WITH AMENDMENTS/ RECEIVED/FILED
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:
RESOLVED, that the 2010 Preliminary Budget with the following amendments is received and filed in the Town Clerk’s Office.
| Changes to the Supervisor’s Budget | |||
| Supervisor’s | Preliminary | ||
| Budget | Change | Budget | |
| Sewer | |||
| Unit Charges | $ 5,601,012 | $ (300,000) | $ 5,301,012 |
| Property Taxes | $ 340,000 | $ 300,000 | $ 640,000 |
| Health Insurance | |||
| General | $ 1,245,000 | $ (30,000) | $ 1,215,000 |
| TOV Police | $ 2,500,000 | $ (25,000) | $ 2,475,000 |
| TOV Other | $ 275,000 | $ (5,000) | $ 270,000 |
| Highway PT | $ 455,000 | $ (5,000) | $ 450,000 |
| Highway TW | $ 400,000 | $ (5,000) | $ 395,000 |
| Blue Hill | $ 175,000 | $ (10,000) | $ 165,000 |
| Broad Acres | $ 49,000 | $ (4,000) | $ 45,000 |
| Sewer | $ 750,000 | $ (20,000) | $ 730,000 |
| Total | $ 5,849,000 | $ (104,000) | $ 5,745,000 |
Ayes: Councilpersons Maturo, Low-Hogan, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 664 TIER II/III PUMPING STATIONS-PHASE I (PS-06-3G)/CHANGE ORDER NO.1/COPPOLA SERVICES INC.
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the fully executed original of Change Order No. 1 (dated 10/6/09) for the Tier II/III Pumping Stations-Phase I (PS-06-3G) with Coppola Services, Inc. is received and filed in the Town Clerk’s Office.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 665 PERMISSION GRANTED/FIRE INSPECTOR/FIRE INVESTIGATION
Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
Resolution No. 665 – Continued
RESOLVED, that permission is hereby granted to Douglas Sampath to attend the Fire Investigation Seminar at the NYS Fire Academy in Montour Falls, NY, from November 4-6, 2009, at a cost of $281.80, to be charged to Account No. B3621/50441.
Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 666 RESCHEDULE WORKSHOP NOVEMBER 2/NOVEMBER 5
Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Workshop meeting scheduled for November 2nd has been rescheduled to November 5th.
Ayes: Councilpersons Maturo, Troy, Manning, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 667 ENTER AUDIT
Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Town Board entered the Audit Meeting at 9:10 p.m.
Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 668 PAY VOUCHERS
Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Trust and Agency, Special District, Special Parking and Capital Projects Funds, in the amount of $710,457.87.
Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 669 ENTER EXECUTIVE SESSION
Councilman Maturo offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board entered the Executive Session at 9:11 p.m.
Ayes: Councilpersons Maturo, Manning, Troy, Low-Hogan
Supervisor Kleiner
Noes: None
Resolution Nos. 670 and 671 see Executive Session
RESOLUTION NO. 672 ADJOURNMENT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Town Board adjourned, in memory of Helen Barry, at 9:30 p.m.
Ayes: Councilpersons Troy, Manning, Low-Hogan, Maturo
Supervisor Kleiner
Noes: None
____________________________________
Charlotte Madigan, Town Clerk