Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

FEBRUARY 26, 2001

The Regular Town Board Meeting was opened at 8:07 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:

Councilman Robert Bergman

Councilman Edward Fisher

Councilman Dennis O’Donnell

Councilman Denis Troy

Also present:

Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

James K. Riley, Town Attorney

Thomas O’Connell, Deputy Town Attorney

Brian Shortt, Confidential Assistant to Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

Robert Beckerle, Dir., Dept of Environmental Mgt. & Eng.

Kevin Nulty, Chief of Police

Robert Simon, Receiver of Taxes

Brian Kenney, Assessor

John Paci, Building Inspector

Richard L. Rose, Jr., Supt., Parks-Rec & Bldg. Maint.

* * *

The Pledge of Allegiance to the Flag was led by the Town Board.

* * *

Supervisor Kleiner noted that public hearings will be held on March 5, 2001 regarding Dexter Plaza Zone Change, and Appeal of Route 303 Moratorium – Rockland Toyota. He advised that most of the Departments attended the Association of Towns Conference, and that he made a presentation on the Route 303 Development Study. He noted the tax certiorari settlements; the appointment of the Assistant Operator from provisional to permanent in the Sewer Department; and the possibility of police hiring. He mentioned that Town Historian Mary Cardenas is being honored by the Historical Society of Rockland County on March 11^th, 4:00 P.M., at the View in Piermont, $75.00 per ticket.

Councilman Fisher noted that he is being honored tomorrow night at the View in Piermont by Childcare Resources of Rockland, and St. Thomas Aquinas College is also being honored.

Supervisor Kleiner advised of the need for blood platelet donors for Rebecca the 21 month old daughter of Ken Schmidt, a Highway Department employee.

* * *

The public portion was opened and the following spoke:

Mrs. McCarty, Tappan, re no progress on wall, erosion of her property increasing, and she has not received a map of the plans.

Robert Beckerle, Dir, Dept. of Environmental Mgt. & Eng., said that the builder is planning to start work on the wall as soon as the ground thaws out, probably next week. He surveyed the property with a licensed land surveyor and the site distances are probably in acceptable ranges, he doesn’t have the actual drawings of the survey yet.

Councilman O’Donnell recommended that the Town have the wall completed to the Planning Board specifications and take the cost from the performance bond.

Mrs. McCarthy said that she has no correspondence from the Town giving Mr. Herskowitz a variance to use the Town right-of-way. She is concerned, the wall is 19” off her property line, and she thought there was a 5′ distance from her property. She asked how close they will come now, and she’s waiting for the updated copy of the wall plans.

Supervisor Kleiner asked Mr. Beckerle to get the information to Mrs. McCarthy and to keep the Town Board and Mrs. McCarthy updated on the proceedings. He said that the Town needs to meet with the Engineer and with one of the principals.

Anthony Zacharakis, Tappan, re coming before the Board at Workshop and Regular Town Board for disposition of issues regarding building permits, route 303, roads not completed and bonds not called, and no improvement on strip of land. He objected to public hearings being held on Workshop nights as people may be unaware of the hearings, and asked for release of the bond for Ryerson Place.

Supervisor Kleiner advised that public hearings can be held on Regular Town Board meeting nights, Workshop nights, or some third night, with a combination of legal notice and other kind of notice through the press. He suggested the best way to resolve the other issues is for Mr. Zacharakis to meet with him and the Departments involved and then report to the Board. He noted the public hearing on March 19^th on the watercourse diversion. Bonds are released upon notification from the Town Attorney indicating that all Department Heads involved advise all outstanding issues have been resolved.

Ruth Weber, Upper Grand View Association, said that the Association was in favor of designation of Clausland Mountain a permanent Watchfire. She read a statement re February 21 article in the newspaper on current building codes and thanked the Councilmembers, need for changes, and the benefits to the community.

Genevieve Coffey, Pearl River, re amount of the Braeburn Bond and when will it be released, problems still exist on adjoining property to her and nothing done to correct them.

Douglas James, Old Tappan, New Jersey, re expansion of camp, which is in New York but accessed from New Jersey, buses and logging trucks going through residential area, wants road dedicated for safety reasons and police coverage.

Bob Scarsofalno, Old Tappan resident, concerned that Zoning Board has granted access to start construction without contingency on building that road.

James Dean, Superintendent of Highways, re road not built to Town specifications and existing property owners did not develop a plan that allowed for a turn-a-round. A discussion between Town Board and Town Attorney regarding further procedures took place.

Councilman O’Donnell asked for an answer to his request for an update on Rockland Psychiatric Center property. He recommended that the Town contact Mr. Walkoff and the State regarding movement on this.

Supervisor Kleiner advised that Mr. Walkoff was to have a statement on this. The Supervisor asked him to be more specific about what he has to do, he hasn’t responded. He will indicate to Mr. Walkoff that the Board needs him to appear as quickly as possible. He said that he will also communicate with the State to get more definitive information on the closing deadlines.

Councilman Troy re Mr. Walkoff said he was anxious to work with the community but in the eight months he has shown nothing but disdain for the community.

Councilman Bergman re move forward with negotiations with the State to acquire triangular piece and any thing else that may be available. He noted the State’s certiorari action against the Town claiming that the value of the property is about half of what it is assessed for.

* * *

RESOLUTION NO. 126 DESIGNATE/CLAUSLAND MTN WATCHFIRE SITE

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

RESOLVED, that Clausland Mountain is hereby designated a permanent Watchfire site.

Ayes: Councilmen Fisher, Troy, Bergman, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 127 APPOINT/ORANGETOWN PARKS DEVELOPMENT ADVISORY BOARD

Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that Bill Schule, president of the Mighty Midgets of Orangetown, Don Schule, Pearl River Little league, and Rich Volpe, South Orangetown Little League are hereby appointed to the Orangetown Parks Development Advisory Committee for 2001.

Ayes: Councilmen Troy, O’Donnell, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 128 MEMORIALIZING RESOL HUDSON VALLEY GREENWAY

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

WHEREAS, the Hudson Valley Greenway Act, (hereinafter, the “Greenway Act”) Chapter 748 of the Laws of 1991, has as a legislative goal the establishment of the Greenway Compact, a process for voluntary regional cooperation and decision-making among the communities of the Hudson River Valley, and

WHEREAS, the process and programs that will comprise the Compact are under development, and

WHEREAS, communities may participate in the initiation and implementation of the compact process, and

WHEREAS, the Town of Orangetown is situated in the Greenway area as it was officially designated in the Greenway Act, and

(continued on page 4)

RESOLUTION NO. 128 (continued)

WHEREAS, the Greenway Act permits the Hudson River Valley Greenway Communities Council (hereinafter the “Council”), and the Greenway Conservancy for the Hudson River Valley, Inc. (hereinafter the “Conservancy”) to assist communities in developing local planning and projects related to the five criteria contained in the Greenway Act: natural and cultural resource protection, regional planning, economic development (including tourism, agriculture and urban redevelopment), enhancing public access to the Hudson River and heritage and environmental education, and

WHEREAS, communities can become eligible to receive technical and financial assistance from the Greenway, and

WHEREAS, community participation in the Greenway planning process is voluntary, and

WHEREAS, the Greenway Act does not supersede or change the powers that the State has previously granted municipal governments under the New York State Constitution, the Municipal Home Rule Law or pursuant to the various municipal enabling acts, Now, Therefore, Be It

RESOLVED, that the Town Board of the Town of Orangetown supports the criteria contained in the Greenway Act and the process by which the Compact will be achieved, and, Be It

RESOLVED FURTHER, that the Town Board of the Town of Orangetown endorses the designation of the Town of Orangetown by the Greenway Council and Conservancy as a Greenway Community.

Ayes: Councilmen Troy, Bergman, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 129 COMBINE AGENDA ITEMS

Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

Resolved, that agenda items three (3), four (4), and five (5) are hereby combined as one.

Ayes: Councilmen Troy, O’Donnell, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 130 ADVERTISE/BIDS/TREE MAINTENANCE & REMOVAL

Councilman Troy 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 bids

for Tree maintenance and removal at various Town-owned facilities and rights-of-way,

and, Be It

(continued on page 5)

RESOLUTION NO. 130 (continued)

RESOLVED FURTHER, that bids are to be received by 10:30 A.M. March 15, 2000, 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 the regular town board meeting of March 26, 2001.

Ayes: Councilmen Troy, O’Donnell, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 131 AWARD/TURF EQUIPMENT MOWER/BLUE HILL GOLF COURSE

Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

Whereas, the Town Clerk duly advertised for sealed bids for Turf Equipment One Lightweight Fairway Mower for the Blue Hill Golf Course, which were received and publicly opened on February 21, 2001, and

Whereas, these bids were referred to the Superintendent of Parks & Recreation for recommendation and report, a copy is labeled Exhibit 2-C-01 and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that the contract for Turf Equipment One (1) Lightweight Fairway Mower for the Blue Hill Golf Course, in the total amount of $19,995.00, is hereby awarded to Wilfred MacDonald Inc., So. Hackensack, NJ, the only qualified bidder.

Ayes: Councilmen Troy, O’Donnell, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 132 AWARD/CHEMICALS & FERTILIZERS/BLUE HILL & PARKS DEPT

Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

Whereas, the Town Clerk duly advertised for sealed bids for Chemicals and Fertilizers for the Blue Hill Golf Course and the Parks Department, which were received

and publicly opened on February 21, 2001, and

Whereas, these bids were referred to the Superintendent of Parks & Recreation for recommendation and report, a copy is labeled Exhibit 2-D-01 and made a part of these minutes, Now, Therefore, Be It

RESOLVED, that the contracts for Chemicals and Fertilizers for the Blue

Hill Golf Course and the Parks Department are hereby awarded to the lowest qualified

bidders as follows:

(continued on page 6)

RESOLUTION NO. 132 (continued)

Fertl-Soil Turf Supply, Inc., Scotch Plain, NJ, items 7 and 16, in the total amount of $3,047.40.

Simplot Partners (Fran Berdine), Pine Bush, NY, item #1, in the total amount of $12,000.00.

Lesco, Inc. of Strongville, Ohio, items 2, 3, 5, 10, 11, 12, 13, 14, and 17, in the total amount of $30,639.00.

Metro-Milorganite, Inc., Danbury, Conneticut, items 6 and 8, in the total amount of $2,893.50.

Terre Co., Clifton, NJ, items 4, 9 and 15, in the total amount of $6,669.00.

At this time item #28 (Isotek) will not be awarded.

Total price for Chemicals and Fertilizers $55,248.90. In some cases where item did not meet the specifications for the specific fertilizer, the next qualified low bidder was awarded the item. Regarding Item #1-Touche, Fran Berdine bid this item in 12 pound cases as opposed to 4 pound cases making his price lower.

Ayes: Councilmen Troy, O’Donnell, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 133 RECEIVE/FILE AMERICAN CYANAMID PARKLAND DEED

Councilman Bergman offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that the American Cyanamid parkland deed for the following tax description: 68.15-5-3, 68.15-5-2, 68.11-3-41, and 68.11-3-36 for use as parkland by the Town of Orangetown is hereby received and filed.

Ayes: Councilmen Bergman, O’Donnell, Fisher, Troy

Supervisor Kleiner

Noes: None

Supervisor Kleiner, on behalf of the Town Board and the community, thanked Councilman Bergman for his efforts on this issue.

* * *

RESOLUTION NO. 134 EXECUTE AGREE/AMERICAN CYANAMID/CONSERVATION EASEMENT

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:

RESOLVED, that upon the recommendation of the Town Attorney’s

Office, Thom Kleiner as Supervisor for the Town of Orangetown is hereby recommended to execute the Agreement between American Cyanamid (“ACY”) and the Town of

Orangetown for a temporary (10 year) conservation easement from ACY to the Town as to

(continued on page 7)

RESOLUTION NO. 134 (continued)

tax description 68.07-2-39, 68.07-3-16, and 68.12-1-14 and, Be it

RESOLVED FURTHER, that the Town Attorney is hereby authorized to execute the agreement between American Cyanamid and the Town of Orangetown regarding the conservation easement subdivision of the ACY premises and the parkland deed, for receiving and filing.

Ayes: Councilmen Fisher, Bergman, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 135 APPROVE SETTLEMENT/TAX CERT/BERISFORD PROPERTY DEVELOPMENT

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 the Assessor, and upon prior approval of the Pearl River Union Free School District, settlement of the tax certiorari of BERISFORD PROPERTY DEVELOPMENT (USA) LTD., Tax Map No. 73.05-1-53, for the tax assessment years 1994; 1995; 1996; 1997; 1999 and 2000 is hereby approved as follows:

Tax Map No.: 73.05-1-53:

Tax Years From ­ To

1994 $5,575,000 $3,661,650

1995 $5,575,000 $3,546,526

1996 $5,575,000 $3,575,219

1997 $5,575,000 $3,979,033

1999 $5,575,000 $2,846,185

(as per Brian Kenney’s Memo of February 15, 2001)

for a total refund by the Town of $ 78,327.00; and for a total refund by the School of $215,265.00. 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 is served on the Town.

Ayes: Councilmen O’Donnell, Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 136 APPROVE SETTLEMENT/TAX CERT/BERISFORD PROPERTY DEVELOPMENT

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 the Assessor, and upon prior approval of the Pearl River Union Free School District,

settlement of the tax certiorari of BERISFORD PROPERTY DEVELOPMENT (USA) LTD., Tax Map No. 73.05-1-53.2, for the tax assessment year 2000 is hereby approved as

follows:

(continued on page 8)

RESOLUTION NO. 136 (continued)

Tax Years From To________

2000 $3,525,000 $2,846,185

(As per Brian Kenney’s memo of February 15, 2001)

for a total refund by the Town of $7,159.00; and for a total refund by the School of $22,286.00. 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 is served on the Town

Ayes: Councilmen O’Donnell, Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 137 APPROVE SETTLEMENT/TAX CERT/BERISFORD PROPERTY DEVELOPMENT

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 the Assessor, and upon prior approval of the Pearl River Union Free School District, settlement of the tax certiorari of BERISFORD PROPERTY DEVELOPMENT (USA) LTD., Tax Map No. 73.10-1-6, for the tax assessment years 1994, 1995, 1996, and 1997 is hereby approved as follows:

Tax Years From To ­­­­­­­

1994 $8,550,000 $6,427,500

1995 $8,550,000 $6,427,500

1996 $8,550,000 $6,427,500

1997 $8,550,000 $6,427,500

(as per Brian Kenney’s Memo of February 15, 2001)

for a total refund by the Town of $88,544.00; for a total refund by the School of $222,031.00. 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 is served on the Town.

Ayes: Councilmen O’Donnell, Troy, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 138 APPROVE SETTLEMENT/TAX CERT/MANHATTAN WOODS AKA LEE PARTNERS

Councilman O’Donnell offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:

RESOLVED, that upon the recommendation of the Town Attorney’s Office

and the Assessor and upon prior approval of the Pearl River Union Free School District

and the South Orangetown Central School District, settlement of the tax certiorari of MANHATTAN WOODS ENTERPRISES, LLC, (also known as LEE PARTNERS, L.P.

and MANHATTAN WOODS GOLF CLUB, INC.), for the tax assessment years 1996;

(continued on page 9)

RESOLUTION NO. 138 (continued)

1997; 1998; 1999 and 2000 is hereby approved as follows:

TAX YEAR: 1996

Tax Map Nos. From To

64.18-2-75 $ 350,000 $ 240,000

69.11-1-1 $16,055,100 $ 8,750,000

69.06-2-24 $ 705,000 $ 475,000

69.07-1-10.1 $ 1,359,600 $ 950,000

69.08-1-22 $ 309,500 $ 200,000

TAX YEAR: 1997

Tax Map Nos. From To

64.18-2-75 $ 350,000 $ 250,000

69.11-1-1 $16,258,100 $ 9,125,000

69.06-2-24 $ 705,000 $ 500,000

69.07-1-10.1 $ 1,359,600 $ 1,100,000

69.08-1-22 $ 309,500 $ 230,000

TAX YEAR: 1998

Tax Map Nos. From To

64.18-2-75 $ 350,000 $ 275,000

69.11-1-1 $16,258,700 $ 9,275,000

69.06-2-24 $ 705,000 $ 550,000

69.07-1-10.1 $ 1,359,600 $ 1,250,000

69.08-1-22 $ 309,500 $ 255,000

TAX YEAR: 1999

Tax Map Nos. From To

64.18-2-75 $ 350,000 $ 350,000

69.11-1-1 $16,258,700 $ 9,850,000

69.06-2-24 $ 705,000 $ 600,000

69.07-1-10.1 $ 1,359,600 $ 1,359,000

69.08-1-22 $ 309,500 $ 265,000

TAX YEAR: 2000

Tax Map Nos. From To

64.18-2-75 $ 350,000 $ 350,000

69.11-1-1 $16,258,700 $ 9,850,000

69.06-2-24 $ 705,000 $ 705,000

69.07-1-10.1 $ 1,359,600 $ 1,600,500

69.08-1-22 $ 309,500 $ 309,500

for a total refund by the Town of $307,793.54; for a total refund by the School of $1,059,825.10. 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 is served on the Town.

Ayes: Councilmen O’Donnell, Fisher, Bergman, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 139 APPOINT/ASSISTANT OPERATOR & SYSTEM SUPERVISOR

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

RESOLVED, that provisional employee William ­­Dizzine is hereby appointed to the position of Assistant Operator 3 and Assistant Supervisor 1, on a permanent basis, effective immediately, from promotional list #00239, with no change in salary or grade.

Ayes: Councilmen Fisher, Troy, Bergman, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 140 ACCEPT MINUTES

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

RESOLVED, that the Regular Town Board minutes of February 13, 2001, Special Town Board of February 6 and February 13, 2001 and Audit minutes of February 13, 2001, are hereby accepted.

Ayes: Councilmen Fisher, Troy, Bergman, O’Donnell

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 141 ACCEPT/RETIREMENT/POLICE OFFICER ROBERT MORRIS

Councilman Bergman offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:

RESOLVED, that the retirement of Police Officer Robert Morris, effective February 4, 2001, is hereby accepted.

Ayes: Councilmen Bergman, Fisher, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 142 AUTHORIZE/INCREASE SCHOOL CROSSING GUARDS

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

RESOLVED, that an increase in the hourly rate for School Crossing Guards from $9.50 to $12.00 is hereby authorized.

Ayes: Councilmen Fisher, Troy, Bergman, O’Donnell

Supervisor Kleiner

Noes: None

RESOLUTION NO. 143 RE-ENTER EXECUTIVE SESSION

Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:

RESOLVED, that the Town Board hereby re-enters into executive session to discuss particular Police personnel matters.

Ayes: Councilmen Troy, O’Donnell, Bergman, Fisher

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 144 RE-ENTER REGULAR TOWN BOARD MEETING

Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:

RESOLVED, that the Town Board hereby re-enters into the Regular Town Board Meeting.

Ayes: Councilmen Fisher, Bergman, O’Donnell, Troy

Supervisor Kleiner

Noes: None

* * *

RESOLUTION NO. 145 ADJOURNMENT

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

RESOLVED, that this meeting is hereby adjourned at 11:10 P.M.

Ayes: Councilmen Troy, Bergman, Fisher, O’Donnell

Supervisor Kleiner

Noes: None

* * *

­­______________________________________

CHARLOTTE MADIGAN, TOWN CLERK

RTBM – 2/26/2001 Page 4