Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MONDAY, APRIL 10, 2006

This 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

Absent:            Councilman Thomas A. Morr

 

Also present:            Charlotte Madigan, Town Clerk

Teresa Kenny, Town Attorney

John S. Edwards, First Deputy Town Attorney

William Reddy, Deputy Town Attorney

Suzanne Barclay, Exec Asst. to Supervisor

Charles Richardson, Director of Finance

James Dean, Superintendent of Highways

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

Terrance Sullivan, Police Captain

Marie Boyle, Deputy Receiver of Taxes

Mary McCloskey, Assessor’s Office

John Giardello, Director, OBZPAE

Rich Rose, Superintendent of Parks, Recreation and Buildings

 

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

 

The Town Board met with the two remaining potential developers for RPC and should be able to pick a developer by the end of Spring.

 

Public Comment

Ruth Weber, Upper Grandview Association, is happy the public portion is reinstated.  She is against the cost increase from $2 million to $6 million for the ball fields.  The Land Use Boards should have known the cost estimates for the fields.

Genevieve Coffey, Pearl River, is against the Town Board spending and Bonding.  She asked about her FOIL requests to the Supervisor’s Office.

Andrew Wiley, Pearl River, said the original Bond caused a 3% increase and now the amended Bond has over a 4% increase.  The Bond was increased without any public hearing or public comment.  He asked what materials are used for fill in the ball fields?

Martin Duffy, Pearl River, did not receive help from Orangetown to remove a tree, which is on the same property that the Town needs for easement to control the Cherry Brook drainage.  He finally received a berm from the Town, which helps to redirect water overflow in the street.

Irving Baum, Orangeburg, spoke in favor of all Auxiliary members being exempt from golf permit fees at Blue Hill and Broadacres courses.

Carol Silverstein, Orangeburg, is against outside Orangetown residents receiving golf permits.  This will eliminate monies needed for the up keep of the Blue Hill Golf Course.

 

 

RESOLUTION NO.  284                                         CLOSED PUBLIC COMMENT

 

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

 

RESOLVED, that the public comment portion is hereby closed.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

James Dean, Superintendent of Highways, gave a presentation stressing the importance of keeping our streets clean.  Everything we do has a direct effect on our environment.  The cleaner we keep our streets of debris, the cleaner we keep our steams, lakes, rivers and oceans.  This year the Highway Department has developed a Clean Streets-Clean Streams Campaign.  Anyone interested in volunteering, please call the Highway Department at 845-359-6500, any help will be greatly appreciated.

* * *

RESOLUTION NO.  285                                         CHERRY BROOK DRAINAGE EMINENT DOMAIN/PH/ADJOURNED

 

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

 

WHEREAS, The Town Board of the Town of Orangetown, New York previously scheduled a Public Hearing, pursuant to Article 2 of the Eminent Domain Procedure Law of the State of New York, to be held on April 10, 2006 at 8:00 p.m. regarding the acquisition of easements in furtherance of the Cherry Brook Drainage Improvement Project, be it

 

RESOLVED, that the Town Board hereby adjourns said hearing and schedules same to occur on May 8, 2006 at 8:10 p.m. on the aforesaid matter and for such other action on the part of said Board as may be required by law or proper in the premises, and be it further

 

RESOLVED, that the Town Clerk is hereby authorized and directed to cause a notice of said public hearing to be published at least ten (10) but not more than thirty (30) days before the hearing date in at least five (5) successive issues of an official daily newspaper and/or in at least five (5) successive issues of a daily newspaper of general circulation in the Town of Orangetown, and, further, to cause a notice of said public hearing to be sent, at least ten (10) but not more than thirty (30) days before the hearing date, by certified mail, return receipt requested, to each assessment record billing owner of real property to which the Town may be acquiring an interest for such public project, such notices to be in a form to be drafted in the discretion of the Town Attorney.

 

Ayes:               Councilpersons Manning, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

 

RESOLUTION NO.  286                                         PHASE I/CAPITAL IMPROVEMENT SEWER DISTRICT WASTEWATER FACILITIES/EMINENT DOMAIN PH/ADJOURNED

 

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

 

WHEREAS, The Town Board of the Town of Orangetown, New York previously scheduled a Public Hearing, pursuant to Article 2 of the Eminent Domain Procedure Law of the State of New York, to be held on April 10, 2006 at 8:10 p.m. regarding the acquisition of easements and real property in furtherance of Phase I of the Capital Improvement Plan for the Sewer Wastewater Facilities, be it

 

RESOLVED, that the Town Board hereby adjourns said hearing and schedules same to occur on May 8, 2006 at 8:20 p.m. on the aforesaid matter and for such other action on the part of said Board as may be required by law or proper in the premises, and be it further

 

RESOLVED, that the Town Clerk is hereby authorized and directed to cause a notice of said public hearing to be published at least ten (10) but not more than thirty (30) days before the hearing date in at least five (5) successive issues of an official daily newspaper and/or in at least five (5) successive issues of a daily newspaper of general circulation in the Town of Orangetown, and, further, to cause a notice of said public hearing to be sent, at least ten (10) but not more than thirty (30) days before the hearing date, by certified mail, return receipt requested, to each assessment

 

Resolution No.  286 – Continued

 

record-billing owner of real property to which the Town may be acquiring an interest for such public project, such notices to be in a form to be drafted in the discretion of the Town Attorney.

 

Ayes:               Councilpersons Manning, Troy, O’Donnell

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  287                                         AUXILIARY POLICE/VOLUNTEER FIRE/VOLUNTEER AMBULANCE CORPS/GOLF PERMITS EXEMPTED

 

Councilman Troy offered the following resolution, to amend the original resolution to include all active members of the volunteers for the Auxiliary Police, the Fire Department and the Ambulance Corps to include both residence and non-residence, which was seconded by Councilman O’Donnell and on a roll call was adopted:

 

RESOLVED, that all active certified members of the Orangetown Auxiliary Police, active members of the volunteer Fire departments and active members of the volunteer Ambulance Corps are hereby exempted from the annual golf permit fees at Blue Hill and Broadacres Golf Courses.

 

Ayes:               Councilpersons Troy, O’Donnell, Supervisor Kleiner

Noes:               Councilperson Manning

Absent:            Councilperson Morr

 

Rich Rose, Superintendent of Parks, in answer to the Town Board questions, explained the present practice re. Volunteers and the cost to the town.  He also stated that he would be against giving non-residence the resident rates as well as no charge for the Blue Hill Golf permit.  Carol Silverstein, Blue Hill Golf Course Committee, also believes it would be a poor fiscal choice to issue a non-resident permit to out of town residents. Councilman Troy stated that it is important to recognize all Fire, Police and Ambulance volunteers including those that may have moved out of town but still continue to volunteer in the Town of Orangetown.  Councilman O’Donnell, agreed that all active volunteers should be afforded the right to golf at resident fees regardless where they live.  Councilwoman Manning concerned about giving non-residence resident status  voted no.  Supervisor Kleiner after discussing this item with the Police Captain explained that it was difficult to recruit police volunteers, which is the reason for the high numbers of non-residents on the police auxiliary.

 

RESOLUTION NO.  287A                                      AUXILIARY POLICE/VOLUNTEER FIRE/VOLUNTEER AMBULANCE CORPS/GOLF PERMITS EXEMPTED

 

Councilman Troy offered the following resolution, for all active members of the volunteers for the Auxiliary Police, the Fire Department and the Ambulance Corps, both residence and non-residence, which was seconded by Councilman O’Donnell and was adopted:

 

RESOLVED, that all active certified members of the Orangetown Auxiliary Police, active members of the volunteer Fire departments and active members of the volunteer Ambulance Corps are hereby exempted from the annual golf permit fees at Blue Hill and Broadacres Golf Courses.

 

Ayes:               Councilpersons Troy, O’Donnell, Manning, Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

 

 

 

RESOLUTION NO.  288                                         ARCHITECTURE/COMMUNITY APPEARANCE BD OF REVIEW APPOINT LARRY VAIL

 

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

 

RESOLVED, that Larry Vail is hereby appointed to the Architecture and Community Appearance Board of Review for the period April 10, 2006 to December 31, 2008.

 

Ayes:               Councilpersons Troy, O’Donnell, Manning

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  289                                         ENTER EXECUTIVE SESSION

 

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

 

RESOLVED, that the Town Board entered Executive Session to discuss a particular personnel item.

 

Ayes:               Supervisor Kleiner, Councilpersons Troy, O’Donnell, Manning

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  290                                         RE-ENTERED RTBM

 

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

 

RESOLVED, that the Town Board re-entered the RTBM.

 

Ayes:               Supervisor Kleiner, Councilpersons Troy, O’Donnell, Manning

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  291                                         STAY MAINTENANCE MECHANICS I RECLASSIFY TO GRADE 15

 

Councilwoman Manning offered the following resolution, which was seconded by Councilman O’Donnell and on a roll was adopted:

 

RESOLVED, that the effective date of Town Board Resolution #269, which provides for an upgrade of Maintenance Mechanic I grade 13 positions to grade 15, is hereby stayed.

 

Ayes:               Councilpersons Manning, O’Donnell

Supervisor Kleiner

Noes:               None

Abstained:       Councilperson Troy

Absent:            Councilperson Morr

* * *

 

RESOLUTION NO.  292                                         SPECIAL PERMIT APPLICATION     ACCEPTED/FB ORANGETOWN, LLC ORANGEBURG COMMONS MIXED USE DEVELOPMENT PROJECT

 

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

 

Resolution No.  292 – Continued

 

RESOLVED, that a Special Permit application from FB Orangetown, LLC for the proposed Orangeburg Commons Mixed Use Development project for property located on Route 303, Orangeburg for a threshold review by the Town Attorney, the Director of the OZBPAE, and the Town Assessor to determine compliance with the Zoning Code is hereby accepted.

 

Ayes:               Councilpersons Manning, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

 

RESOLUTION NO.  293                                         COMBINE AGENDA ITEMS

 

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

 

RESOLVED, that agenda items fifteen (15) through twenty-eight (28) are hereby combined.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

 

* * *

 

RESOLUTION NO.  294                                         ROCKLAND COUNTY SEWER DISTRICT NO. 1/CONNECTION          51 LEBER RD, BLAUVELT AUTHORIZED

 

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

 

RESOLVED, that an out-of-district sewer connection to the County of Rockland Sewer District No. 1 for property located at 51 Leber Road, Blauvelt (S/B/L 70.06-1-34) is hereby authorized.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  295                                         CO-SPONSORED FUNDING/APPROVED PALISADES/SPARKILL BASEBALL LEAGUE – $3,250.00

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings and the Youth Recreation Advisory Committee, co-sponsored funding is hereby approved to the Palisades/Sparkill Baseball League in the amount of  $3,250, to be charge to Account No. A7310/50482.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  296                                         YOUNG LUNGS AT PLAY PROGRAM AUTHORIZE SIGNS/PLAYGROUNDS

 

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

 

RESOLVED, that the Superintendent of Parks, Recreation and Building Maintenance is hereby authorized to implement the “Young Lungs at Play” program in cooperation with the Rockland County Health Department and post all areas within 50 feet of playground equipment in all Town parks, in accordance with Section 7A-13 of the Town Code.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  297                                         ESTABLISH/RECEIPTIONIST POSITION/HIGHWAY DEPT

 

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

 

RESOLVED, that the position of Receptionist (LFT) is established in the Highway Department at a grade three.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  298                                         ESTABLISH/NATIONAL INCIDENT MANAGEMENT SYS (NIMS)

 

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

 

RESOLVED, that the National Incident Management System (NIMS) as developed by the Department of Homeland Security as the Town of Orangetown standard for incident management is hereby established.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  299                                         NYS ASSOC OF TAX RECEIVERS AND COLLECTORS TRAINING SEMINAR PERMISSION GRANTED

 

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

 

RESOLVED, that permission is hereby granted to Robert R. Simon, the Receiver of Taxes, to attend the NYS Association of Tax Receivers and Collectors Annual Training Seminar from June 11-14, 2006 in Rochester, NY at a cost of $989.24 to be charged to Acct. A1330 50441/0480.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

 

RESOLUTION NO.  300                                         CERTIFICATE OF REGISTRATION FOR 2006 SEWER WORK/APPROVED

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration for Sewer Work for 2006 is hereby approved for the following:

 

MRJ Excavating, Inc.

R.R. Services Corporation d/b/a Roto-Rooter

S.H.F. Corporation

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  301                                         COVENANT, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT ARBOR HILL, LLC/AUTHORIZE

 

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

 

RESOLVED, that the Supervisor is hereby authorized to sign the Covenant, Hold Harmless and Indemnification Agreement in favor of the Town of Orangetown with Arbor Hill, LLC as a condition of a Zoning Board of Appeals decision regarding construction of a deck on a Town Easement.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  302                                         SET PUBLIC HEARING DATE AMENDING TOWN CODE     LIABILITY/PERSONAL INJURY SIDEWALKS/BUSINESS/INDUSTRIAL DISTRICTS

 

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

 

RESOLVED, that a public hearing is set for May 8th at 8:30 p.m. to consider amending the Town Code to address liability for personal injury caused by sidewalks in business and industrial districts.

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

 

RESOLUTION NO.  303                                         SET PUBLIC HEARING DATE AMENDING CHAPTER 14 OF THE TOWN CODE/FEES/GIS SYS

 

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

 

 

Resolution No.  303 – Continued

 

RESOLVED, that a public hearing is set for May 8th at 8:35 p.m. to amend Chapter 14 of the Town Code entitled “Fees” to establish the collection of fees to fund the Geographic Information System.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

 

RESOLUTION NO.  304                                         2006 BOND ANTICIPATION NOTE FOR SEWER SYSTEM/RECEIVE/FILE

 

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

 

RESOLVED, that the 2006 Bond Anticipation Notes for Sewer System Purposes, $22,000,000, dated March 30, 2006 is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

 

RESOLUTION NO.  305                                         ACCEPT MINUTES

 

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

 

RESOLVED, that the Regular Town Board Meeting, Audit Meeting and Executive Session minutes of March 27, 2006, and the Executive Session minutes of April 3, 2006 are hereby accepted.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

 

RESOLUTION NO.  306                                         JOHN BELLEW 5K RUN/WALK                 AID APPROVED

 

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

 

RESOLVED, that the request of John Sullivan, organizer of the John Bellew 5K Run/Walk in Pearl River on April 15, 2006 for the provision of trash receptacles, barricades and 4 (3 & 1 handicapped) portable toilets to be charged to Account No. A7520/50457 is hereby approved.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  307                                         SURPLUS COMPUTER EQUIPMENT RECEIVER OF TAXES/DECLARED

 

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

Resolution No.  307 – Continued

 

RESOLVED, that the following computer equipment from the Receiver of Taxes is declared surplus:

 

Hewlett Packard DeskJet 870 CXI Printer                Dell Monitor

Town of Orangetown 00330                                      MY08G1574760337HBX7V

C4555A/US74I12084

 

Ayes:               Councilpersons O’Donnell, Manning, Troy

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

* * *

RESOLUTION NO.  308                                         APPOINT/ORANGETOWN PARKS DEVELOPMENT ADVISORY COMM PETER DRESPEL

 

Under new Business, Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:

 

RESOLVED, that Peter Drespel is hereby appointed to the Orangetown Parks Development Advisory Committee for 2006.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell

Supervisor Kleiner

Noes:               None

Absent:            Councilperson Morr

 

* * *

 

RESOLUTION NO.             309                                          ADJOURNMENT/MEMORY

 

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

 

RESOLVED, that this Regular Town Board Meeting adjourned at 9:18 p.m. in memory of Richard Jahnes, Blauvelt, Mary Bachleda, Nanuet and Betty Melone, Tappan.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell

Supervisor Kleiner

Noes:               None

Absent:            Councilwoman Morr

 

 

 

_________________________________

Charlotte Madigan, Town Clerk