TOWN OF ORANGETOWN
REGULAR TOWN BOARD & AUDIT MEETING
September 22, 2003
The Regular Town Board Meeting was opened at 7:55 p.m. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Edward Fisher (left at 11:12 p.m.)
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Also present: Charlotte Madigan, Town Clerk
Suzanne Barclay, Executive Asst. to Supvr.
Thomas O’Connell, Deputy Town Attorney
Dennis Michaels, Deputy Town Attorney
Teresa Kenny, Deputy Town Attorney
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Robert Simon, Receiver of Taxes
Brian Kenney, Assessor
Mary McCloskey, Assessor’s Office
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.).
John Giardiello, Director, OBZPAE
* * *
The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk
* * *
A presentation of final designs was presented by Architect Joel Bargmann of Bargmann Hendrie+Archetype. A combination of pools and an air-conditioned gymnasium are planned for the property, which will be on the banks of Lake Tappan. Bargmann said the town was saving $1 million by consolidating the aquatic facility and community center on a single site. The town will prepare bids for the project as early as next month. It is still unclear when the pool complex would be able to open.
* * *
RESOLUTION NO. 557 OPEN P/H PROPOSED MODIFICATION RESTRICTIVE COVENANT/ESTATES OF PEARL RIVER/SOMERSET CONDOMINIUMS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Public Hearing to consider a proposed amendment to the Amended Declaration of Restrictive Covenant, dated July 26, 1984 recorded in Book 43 at Page 1722 as amended, in favor of the Town of Orangetown regarding the Estates of Pearl River Condominiums (a/k/a Somerset Condominiums), located at Somerset Drive, Pearl River, New York, to convert or change the current use of the Condominiums’ “management office” to an additional one-bedroom residential unit is hereby opened.
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
Charlotte Madigan, Town Clerk presented the Affidavit of publication and Notice of Posting, copies are labeled Exhibit 9-D-03, and made a part of these minutes.
The public portion was opened and the following people spoke:
Resolution No. 557 – Continued
Alan Goldstein, Nanuet Real Estate Attorney, explained about the Certificate of Occupancy for the unoccupied unit and is seeking relief for the Condominium Association.
* * *
RESOLUTION NO. 558 CLOSE P/H PROPOSED MODIFICATION RESTRICTIVE COVENANT/ESTATES OF PEARL RIVER/SOMERSET CONDOMINIUMS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED that this public hearing is hereby closed.
Ayes: Councilpersons O’Donnell, Manning, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 559 TOWN BOARD DECISION MODIFICATION RESTRICTIVE COVENANT/ESTATES OF PEARL RIVER/SOMERSET CONDOMINIUMS
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Town of Orangetown will approve an amendment to the Amended Declaration of Restrictive Covenant dated July 26, 1984 recorded in Book 43 at Page 1722 which would increase the total number of units in the Estates of Pearl River Condominiums (a/k/a Somerset Condominiums) from 65 to 66 units and which would increase the number of one bedroom units from 55 to 56 units.
Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
Public Portion
Bob Iorio, Orangeburg, commented that the Veteran’s Memorial fields have fallen into a state of disrepair and is concerned for the safety of the children.
Lou Greco, Tappan, read letter from the American Legion regarding the need to repair the fields at Veteran’s Memorial park.
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.), will address field issues and reminded the Town Board about high usage and traffic on these fields.
David Howe, Tappan, spoke about adult housing. He questioned if a study was done regarding the need for housing and was it completed? He emphasized to the Town Board the need to quickly address adult/senior housing.
Bill Bosley, Nyack, spoke regarding Al Rossi, member of the Planning Board. This appointment is inappropriate because of his business associations, which could be a conflict of interest.
Donald Brenner, Orangeburg, gave a rebuttal to statements made by Bill Bosley that were incorrect.
Jeff Berman, Blauvelt, asked people to attend the Public Hearing of October 7, 2003 regarding the Collins property and stressed the importance of the purchase of the Collins property.
James Cinelli, Blauvelt, spoke regarding the Maintenance Law and trouble with adjoining neighbor.
Paul Prisco, Palisades, stressed that contracts should include a clause that has penalties if not completed on time.
Public Portion – Continued
Eileen Larkin, Palisades, questioned wireless company $100.00 monthly fee (they do not pay property taxes). When she was a member of the Town Board, she voted to hire Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.). She feels he is doing a good job and is happy with his work. She is very concerned that schools and municipalities are passing such large budgets.
Mary McCloskey, Blauvelt, reiterated to the Town Board that for the past five years she has been explaining the serious need of Adult Housing. A survey will only cause a delay. These homes/condos are currently in the range of $250,000 and up.
Tom Dinan, Pearl River, Orangetown Democratic Chairman, suggested a blend of housing, not just senior and volunteer. He is against the Town Board agreeing to swap any properties.
The Town Board had a discussion regarding all these issues.
Fran Oldenburger, Orangeburg, commented that it would cost each household $3.11 to purchase the Collins property and the Collins property will add to the health and welfare of future generations.
* * *
RESOLUTION NO. 560 CLOSE PUBLIC PORTION
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public portion of this Town Board meeting is closed.
Ayes: Councilpersons Troy, Manning, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 561 ENTER EXECUTIVE SESSION
Councilman Fisher offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that this Town Board enters executive session to discuss particular litigation at 10:45 p.m.
Ayes: Councilpersons Fisher, Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 562 RE-ENTER RTBM
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board re-enters the Regular Town Board meeting.
Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 563 COMBINE AGENDA ITEMS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that agenda items seven (7) through twenty-one (21) are hereby combined.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
RESOLUTION NO. 564 INSTALLATION FIRE HYDRANT
JOSEPH BOW CT., PEARL RIVER
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that upon recommendation of the Town of Orangetown Fire Inspector, the installation of one fire hydrant on Joseph Bow Court, Pearl River, 404′ south of Blauvelt Road is approved.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
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RESOLUTION NO. 565 APPROVE AID/PEARL RIVER HOOK & LADDER CO. NO. 1/CAR SHOW
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that aid to the Pearl River Hook and Ladder Co. No. 1, Inc. four the use of four (4) port-o-sans, 15-20 trash cans and one (1) dumpster to be delivered on Friday, September 26, for their Car Show to be held on September 28, 2003 is approved.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 566 APPROVE FUNDING/PEARL RIVER ROTARY CLUB/SHARE CHRISTMAS
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that Funding in the amount of $750.00, to the Rotary Club of Pearl River, for the Rotary “Share Christmas” Holiday program, to be charged to Account No. A7550/50457 is approved.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 567 RECEIVE/FILE 2004 TENTATIVE BUDGET
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the 2004 Tentative Budget is received and filed.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 568 AMEND RESOLUTION NO. 393/03
SHADYSIDE SEWER REPLACEMENT
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that The Town Board hereby declares itself lead agency and has determined that the Shadyside Sewer Replacement Line project is a Type II action and that this project will not result in any significant environmental impact.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 569 APPROVE ELECTION MACHINE CUSTODIANS/NOVEMBER 4, 2003
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Election Machine Custodians be paid $50.00 per person per machine for the November 4, 2003 election is approved.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
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RESOLUTION NO. 570 RECEIVE/FILE 2004 BUDGET ORANGEBURG FIRE DISTRICT
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Orangeburg Fire District 2004 budget is received and filed.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 571 RECEIVE/FILE 2004 BUDGET
PEARL RIVER FIRE DISTRICT
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Pearl River Fire District 2004 budget is received and filed.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 572 AWARD BID/DANNY CLAPP LANDSCAPING/PR REVITALIZATION & PEDESTRIAN SAFETY/CURB & SIDEWALK PHASE I
Councilman Troy 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 the Pearl River Revitalization and Pedestrian Safety – Curb and Sidewalk Project Phase I, which were received and publicly opened on Wednesday, September 10, 2003, and
WHEREAS, these bids were referred to the Superintendent of Highways, for recommendation and report, a copy is labeled Exhibit 9-E-03, and made a part of these minutes, Now Therefore, Be It,
RESOLVED, that the bid for the Pearl River Revitalization and Pedestrian Safety – Curb and Sidewalk Project Phase I, is hereby awarded to Danny Clapp Landscaping Inc., of New City, NY, the lowest qualified bidder, in the amount of $76,160.00 for stone curbs and $72, 240.00 for interlocking paving stones.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 573 ADV BIDS/INSTALLATION OF GUIDE RAIL/HIGHWAY DEPT.
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Superintendent of Highways is hereby authorized to advertise for sealed bids for installation of guide rail and, Be It
RESOLVED FURTHER, that bids are to be received by 10:30 a.m., October 8, 2003, and 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
Abst: Councilman Fisher
* * *
RESOLUTION NO. 574 AUTHORIZE APPLYING FOR FUNDING/STORMWATER NON-POINT SOURCE POLLUTION PREVENTION HIGHWAY DEPT.
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that the Superintendent of Highways is hereby authorized to apply for grant funding through New York State Dept. of Environmental Conservation in accordance
Resolution No. 574 – Continued
with the Clean Water/Clean Air Act for the “Stormwater Non-Point Source Pollution Prevention Plan: Installation of a Containment Tank to Capture 1st Flush @ Orangetown Highway Department’s Salt Storage Facility”.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 575 APPOINT/SENIOR CLERK/STENO VALERIE LUCIANO/JUSTICE DEPT
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that Valerie Luciano is appointed to the position of Senior Clerk/Stenographer (provisional) in the Justice Department, grade 8-4, at an annual salary of $37,901.00, effective September 23, 2003.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTIONS NO. 576 AUTHORIZE LAWLER, MATUSKY & SKELLY/INFRASTRUCTURE & COST SHARING/RECREATIONAL FACILITIES RPC PROPERTY
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that Lawler, Matusky and Skelly, Engineers LLP is authorized to analyze infrastructure issue and possible cost sharing for public and private recreational facilities on the Rockland Psychiatric Center site for an amount not to exceed $10,000.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 577 RECEIVE/GOOSETOWN ENTERPRISES $5,000.00 CHECK/POLICE RADIO
Councilman Troy 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 Chief of Police, a $5,000.00 certified check from Goosetown Enterprises, Inc., in lieu of a Performance Bond for the contract awarded to them per Resolution No. 698 (2002) to maintain police radio equipment is received.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
RESOLUTION NO. 578 AUTHORIZE/EXECUTE AMENDMENT CELLULAR TELEPHONE (AT & T WIRELESS)
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
WHEREAS, the Town of Orangetown currently has a lease agreement with Cellular Telephone Company, d/b/a AT & T Wireless, Inc., dated August 27, 1993, wherein Cellular Telephone Company leases space at the Telecommunications Tower at 26 Orangeburg Road, Orangeburg, New York (the Town Hall Tower); and
WHEREAS, Cellular Telephone Company currently has antennae on the Tower and seeks to install six Antenna Masthead Amplifiers at the same height on the Tower and agrees to pay the Town an additional $100.00 per month for such additional installation; Be It
RESOLVED, that the amendment to the August 27, 1993, lease agreement between the Town of Orangetown and Cellular Telephone Company d/b/a AT & T Wireless is hereby approved and, Be It
RESOLVED FURTHER, that the Supervisor is hereby authorized to execute same.
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 579 ENTER AUDIT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board enters Audit Meeting at 11:50 p.m.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 580 PAY VOUCHERS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay vouchers for General Fund, Town Outside Villages, Blue Hill, Highway, Sewer, Capital Projects, and Risk Retention in the amount of $467,747.51.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 581 PAY MANUAL & ESCROW CHECKS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 581 – Continued
RESOLVED, that the Finance Office is hereby authorized to pay Manual Checks in the amount of $8,389.77 and escrow releases in the amount of $17,500.000 for a total amount of $25,889.77.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
* * *
RESOLUTION NO. 582 ADJOURNMENT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this meeting hereby adjourned at 12:07 a.m.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
Abst: Councilman Fisher
________________________________
Charlotte Madigan, Town Clerk