Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, MAY 27, 2008

This Town Board Meeting was opened at 7:37 p.m. Supervisor Kleiner presided and the Town Clerk called the Roll. Present were:

Councilman Dennis Troy

Councilwoman Marie Manning

Councilwoman Nancy Low-Hogan

Councilman Michael Maturo (arrived 7:55 p.m.)

Also present: Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

Teresa M. Kenny, First Deputy Town Attorney

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Ron Delo, Director, Dept. Environmental Mgt. & Eng.

Kevin Nulty, Chief of Police

Robert Simon, Receiver of Taxes

John Giardiello, P.E., Director, OBZPAE

Charlotte Madigan, Town Clerk, led the Pledge of Allegiance to the Flag.

James Dean, Superintendent of Highways, received an award for his 51 years with the Town. He thanked everyone and said it is a reflection of the Sewer and Highway workers.

Ron Delo, Director of the Dept. Environmental Management and Engineering, presented the fifth and final year of the Stormwater Management Program Annual Report. He thanked all of the Town departments for complying with this program. The Town is now responsible for inspections and enforcement on all land disturbances. Through this program the Town can access fines and penalties, and take corrective action by educating resident to protect and improve water quality and quantity.

Supervisor Kleiner said Orange & Rockland has adopted a modified policy regarding the tree cutting along the transmission lines. The new policy is certainly better and the Town will continue to monitor the project. Orange & Rockland is dealing with people on a case-by-case basis for any replanting.

Councilwoman Low-Hogan suggested forming a sub-adhoc group, consisting of John Giardiello, the chair people of the two boards and herself to make recommendations regarding notification requirements for Land Use Boards and Zone Changes.

On Friday, June 13th an informational meeting will take place, with the landscape architect, regarding the May 19th draft for the Sparkill Rezoning Overview and soon thereafter a public hearing will be held.

Public Comment

Bill Clark, Pearl River, is concerned with the clearing of trees on Hillside and asked what effect this will have on the environment.

Robert Smith, Pearl River, concerned that no environmental (visual & flooding) impact study has been done regarding the Hillside project.

Carmel Reilly, Pearl River, thanked the Town Board for filing their petition, asked for an update and asked to be advised of the court date. She also suggested some residents be part of the sub-adhoc group, which was suggested by Councilwoman Low-Hogan.

Tracey Hancock, Pearl River, said keeping Hillside as it exists, could prevent flooding. She also said there’s a need for better vision to preserve the Town by the Town Board.

Patricia & Michael Palko, Pearl River, agree with neighbors’ concerns regarding the Hillside plans for development.

Andrew Wiley, Pearl River, spoke about proper circulation for public hearings, STEJ’s contract being in violation and values of homes. Also, he is against the renaming of Garage Road.

Lisa Sheridan, Pearl River, said RUSH has grown to over 200 members and feels new commercial development is not right for the Hillside area. Currently there are too many commercial empty buildings.

Kevin Christie, Pearl River, asked about fines and is concerned that clear-cutting of trees will take place on a weekend when it would be difficult to report to the Town.

Marisa Mahoney, Pearl River, moved here because of the beauty and is concerned that the Hillside plans may cause flooding and the empty commercial buildings.

Sherwin Harrison, Pearl River, is against the Hillside project because he feels this type of commercial buildings will reduce the value of homes.

Cathy Cardinale, Pearl River, said the Open Space Committee considered this parcel and asked why wasn’t it preserved?

Joann DeLorenzo, Pearl River, said home sales in the Hillside area are being withdrawn, once the buyer hears about the proposed development. She suggested a better place for this development would be the location of the abandoned car wash.

RESOLUTION NO. 358 CLOSE PUBLIC PORTION

Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the public portion of this meeting is hereby closed.

Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 359 COMBINE AGENDA ITEMS

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that items one (1) through twenty-six (26), except item 16, are hereby combined.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 360 AMEND RESOLUTION NO. 575/2006 ROCKLAND COUNTY SEWER DIST 1 WALSH SUBDIVISION (64.20-1-3)

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that Resolution No. 575/2006 (7/24/06) is hereby amended to authorize the sanitary sewer connection for two new lots at the Walsh Subdivision, 253 East Townline Road (S/B/L 64.20-1-3), West Nyack, to Rockland County Sewer District No. 1.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 361 APPOINT/REAL PROPERTY DATA COLLECTOR II/ASSESSOR’S OFFICE KATRINA MORRISON

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

Resolution No. 361 – Continued

RESOLVED, that employee, Katrina Morrison, is hereby appointed to the position of Real Property Data Collector II, in the Assessor’s office, provisional, grade 7- 1, annual salary $38,595, effective May 27, 2008.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 362 DEME/ESTABLISH/ASSISTANCE MAINTENANCE MECHANIC

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the position of Assistance Maintenance Mechanic in the Department of Environmental Management & Engineering, grade 11, effective May 27, 2008, is hereby established.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 363 DEME/APPOINT/SEWER INSPECTOR II DOUGLAS PITTS/PERMANENT

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that provisional employee, Douglas Pitts, is hereby appointed permanent in the title of Sewer Inspector II, from Eligible List # 08127, effective May 27, 2008.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 364 JUSTICE/APPOINT/SENIOR CLERK TYPIST/NADIA SHAPIRO

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that Nadia Shapiro is hereby appointed to the position of Senior Clerk/Typist in the Justice Department, permanent with a mandatory probationary period of six months, from Eligible List #05083, grade 5-1, annual salary $35,129, effective June 2, 2008.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 365 DEME/PERMISSION GRANTED/NYS SOCIETY/PROFESSIONAL ENGINEERS

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that permission is hereby granted to Ronald C. Delo, Director of the Dept. Environmental Management & Engineering, to attend the New York State Society of Professional

Resolution No. 365 – Continued

Engineers (NYSSPE) Annual Meeting, June 5-7, 2008, Syracuse, NY at a cost of $250.00 to be charged to Account No. A1440004/50441.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 366 DEME/STORMWATER MAINTENANCE AGREEMENT/CHINESE EVANGELICAL CHURCH/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that upon the recommendation of DEME and the Town Attorney’s Office, the Stormwater Maintenance Agreement for the Chinese Evangelical Church Site Plan (PB #07-50) for property located at 456 N. Middletown Road, Pearl River (Tax Lot 69.05, Block 1, Lots 1and 2) is accepted, received and filed and that upon filing with the Rockland County Clerk’s office, the original be filed and maintained in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 367 BUL KWANG MEDITATION CENTER (77.07-1-2) CONSERVATION EASEMENT RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan 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, in accordance with PB#07-29, accept, receive and file in the Town Clerk’s Office, the Conservation Easement for Bul Kwang Meditation Center (Tax Lot 77.07-1-2) Route 303, Tappan is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 368 ACCEPT MINUTES

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the April 23, 2008, April 30, 2008 and May 10, 2008 Special Town Board Meeting minutes; May 5, 2008 Executive Session minutes; and May 12, 2008 Regular Town Board Meeting and Audit Meeting minutes are hereby accepted.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 369 POLICE/ACCEPT RETIREMENT SGT STEVEN FISHER

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

Resolution No. 369 – Continued

RESOLVED, that Sgt. Steven Fisher’s retirement from the Orangetown Police Department, effective May 10, 2008, is accepted with regret.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 370 POLICE/ACCEPT RETIREMENT DET JOSEPH ARTRIP

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that Det. Joseph Artrip’s retirement from the Orangetown Police Department, effective June 8, 2008, is accepted with regret.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 371 POLICE/ACCEPT RETIREMENT PO KEVIN DARCY

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that PO Kevin Darcy’s retirement from the Orangetown Police Department, effective June 30, 2008, is accepted with regret.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 372 ASSESSOR/ACCEPT RETIREMENT RUTH ELLEN CARLSEN

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that Ruth Ellen Carlsen’s retirement from the Town of Orangetown, effective March 31, 2008, is accepted with regret.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 373 STORMWATER MANAGEMENT PROGRAM ANNUAL REPORT RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Stormwater Management Program Annual Report is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 374 RPC/BASEBALL FIELDS/CHANGE ORDER NO. 8/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the fully executed copy of Change Order No. 8 between the Town and W. Harris & Son, Inc., Contract 1G, regarding the baseball fields at RPC is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 375 AUTORIZE/RENAMING GARAGE RD JIM DEAN DRIVE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and on a roll call adopted:

RESOLVED, that upon the recommendation of the Orangetown Highway Department, the renaming Garage Road, listed on the New York State Department of Transportation road inventory as .32 miles, beginning at New York State Route 303 to dead end (DEME), shall be renamed Jim Dean Drive is hereby authorized.

Ayes: Councilpersons Manning, Troy, Maturo

Supervisor Kleiner

Noes: None

Abstained: Councilperson Low-Hogan

* * *

RESOLUTION NO. 376 EASEMENT AGREEMENT/BUCCANEER BOAT CLUB, INC./RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between Buccaneer Boat Club, Inc. and the Town of Orangetown for property located at 1 Ackerman Place, Nyack, NY (66.23-1-3) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 377 EASEMENT AGREEMENT/PALISADES INTERSTATE PARK/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between the Palisades Interstate Park Commission and the Town of Orangetown for property located on Route 303, Orangeburg, NY (74.10-1-72) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 378 EASEMENT AGREEMENT/CARCA CORPORATION/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between the Carca Corporation and the Town of Orangetown for property located at 606 Route 303, Blauvelt, NY (70.10-3-1) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 379 EASEMENT AGREEMENT/TERRENCE T. & CAROLYN A. LOUGHRAN/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between Terrence T. and Carolyn A. Loughran and the Town of Orangetown for property located at 36 Cherry Lane, Pearl River, NY (72.08-2-19) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 380 EASEMENT AGREEMENT/MCNAMARA FIREPLACE & STOVE SHOWROOM LLC RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between McNamara Fireplace and Stove Showroom, LLC and the Town of Orangetown for property located at 83 E. Central Ave., Pearl River, NY (69.16-6-48) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 381 EASEMENT AGREEMENT/PEARL RIVER AUTO INC/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between Pearl River Auto Inc., and the Town of Orangetown for property located at 77 E. Central Ave., Pearl River, NY (68.16-6-13.1 &13.2) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 382 EASEMENT AGREEMENT/J & J ROUTE 303 REALTY INC/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between J and J Route 303 Realty, Inc., and the Town of Orangetown for property located at 608 Route 303, Orangeburg, NY (70.06-1-9 & 10) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 383 EASEMENT AGREEMENT/PONTIAC HOLDING LLC/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between Pontiac Holding LLC and the Town of Orangetown for property located at 900 Bradley Hill Rd., NY (65.18-1-3) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 384 EASEMENT AGREEMENT/PONTIAC HOLDING LLC/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between Pontiac Holding LLC and the Town of Orangetown for property located at 600 Bradley Hill Rd., NY (65.18-1-21) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 385 EASEMENT AGREEMENT/LINCOLN MERCURY HOLDING CO LLC/RECEIVE AND FILE

Councilwoman Manning offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

RESOLVED, that the Easement Agreement between Lincoln Mercury Holding Co., LLC and the Town of Orangetown for property located at 1 Flower Lane, Blauvelt, NY (65.18-1-4) is received and filed in the Town Clerk’s Office.

Ayes: Councilpersons Manning, Low-Hogan, Troy, Maturo

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 386 AUTHORIZE HIRING ATTORNEY FOR ZBA/KEVIN CONWAY/HILLSIDE COMMERCIAL PARK

Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the Zoning Board of Appeals is hereby authorized to hire Kevin Conway, Esq. for the purpose of defending the matter of the Town of Orangetown vs. Zoning Board of Appeals and Route 304, LLC with the contract subject to approval by the Town Attorney’s Office.

Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 387 ENTER AUDIT

Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the Town Board entered the Audit Meeting.

Ayes: Councilpersons Troy, Maturo, Manning, Low-Hogan

Supervisor Kleiner

Noes: None

* * *

Resolution Nos. – 388 – 391 see Audit Meeting and Executive Session.

* * *

RESOLUTION NO. 392 NOMINATE POLICE OFFICER CHRISTINE A. HURLEY

Councilman Maturo offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

RESOLVED, that upon the recommendation of the Chief of Police, Christine A. Hurley is hereby nominated a Police Officer from the Rockland County Civil Service List #04200, Police Officer, pending certification from the Rockland County Department of Personnel and satisfactory completion of a background investigation.

Ayes: Councilpersons Maturo, Troy, Manning, Low-Hogan

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 393 NOMINATE POLICE OFFICER MATTHEW M. SULLIVAN

Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that upon the recommendation of the Chief of Police, Matthew M. Sullivan is hereby nominated a Police Officer from the Rockland County Civil Service List #04200, Police Officer, pending certification from the Rockland County Department of Personnel and satisfactory completion of a background investigation.

Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 394 NOMINATE POLICE OFFICER SCOTT T. MICHEL

Councilwoman Manning offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that upon the recommendation of the Chief of Police, Scott T. Michel is hereby nominated a Police Officer from the Rockland County Civil Service List #04200, Police Officer, pending certification from the Rockland County Department of Personnel and satisfactory completion of a background investigation.

Ayes: Councilpersons Manning, Maturo, Troy, Low-Hogan

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 395 ADJOURNMENT/MEMORY

Councilman Troy offered the following resolution, which was seconded by Councilman Maturo and was unanimously adopted:

RESOLVED, that the Town Board adjourned this meeting in memory of Margaret D. Kopunek, Blauvelt at 8:50 p.m.

Ayes: Councilpersons Troy, Maturo, Manning, Low-Hogan

Supervisor Kleiner

Noes: None

____________________________________

Charlotte Madigan, Town Clerk