Meeting - Town Board Meeting April 14th, 2003 (View All)
Date | Name | Group(s) | Type | Approved | File |
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04/14/2003 | Town Board Meeting April 14th, 2003 | Town Board | Minutes |
Meeting Members
Meeting Overview
Scheduled: | 04/14/2003 7:30 PM |
Group(s): | Town Board |
Location: | Orangetown Town Hall |
Documents | Type | File |
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Town Board Meeting April 14th, 2003 | Minutes |
TOWN OF ORANGETOWN
REGULAR TOWN BOARD & AUDIT MEETING APRIL 14, 2003
The Regular Town Board Meeting was opened at 7:49 P.M. Supervisor
Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Edward Fisher Councilman Denis O’Donnell Councilman Denis Troy Councilwoman Marie Manning
Also present: Charlotte Madigan, Town Clerk Eliot Tozer, Deputy Supervisor James Riley, Town Attorney
Thomas O’Connell, Deputy Town Attorney
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 Mary McCloskey, Assessor’s Office John Giardiello, Director, OBZPAE
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.).
* * *
The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk
***
ANNOUNCEMENTS
Chief Nulty introduced Rev. Msgr. Emmet R. Nevin as the new Chaplin for the Orangetown Police Department and Charlotte Madigan, Town Clerk, administered Msgr. Nevin the Oath of Office.
Town Pool/Community Center Kick Off Meeting will be tomorrow, 6:30 p.m., Town Hall
Preliminary award of sports complex proposal with an update.
Senior/Adult Housing Options for Orangetown: Prospective Developers. Higher density if it’s in the downtown areas where seniors are able to walk to stores.
PUBLIC PORTION
David Howe presented to the Town Board an opinion of the Committee For Open Space for possible uses for the Rockland Psychiatric Center property as well as suggestions for the property (attached is a copy of a letter).
- RFP process will not appropriately meet the special needs of the Town and may impede a cohesive use concept.
- Create a community recreation park, which would be a refuge.
- Open space that will include trails, recreation, a pool, community center, sports complex, housing or other commercial development.
- New buildings could be designed to complement the present buildings.
- A cohesive use concept with a common aesthetic theme can be achieved by the establishment of a Master Plan for the RPC property.
- A wildlife corridor along the water’s edge. A walking path wide enough to accommodate two people.
- RPC should include a Community Center, Pool, Open Space Area, Tennis Courts, Hockey/Sports Complex, Volunteer and Senior Housing, Core Property, Sports.
- The Core property should be considered a prime area for future commercial development.
Jeff Berman spoke about the importance of acquiring the John Collins property, which would include a house and 42 acres. Preservation of this piece will provide a link to the Clausland
Mountain Greenbelt, which includes the nearby Clausland Mountain County Park and the Tackamack Town Park. He asked that a quick resolution be offered tonight to commit to additional funds, up to 10% of the purchase price of the John Collins Property.
Ruth Weber, Upper Grandview Association spoke regarding the decision of the Planning Board, which imposed two conditions on the property located at 57 Tweed Blvd, Re the privacy buffer. These conditions were not met. However, the Certificate of Occupancy was issued by the Building Department. Councilman O’Donnell asked John Giardiello, Director, OBZP AE to have this completed within a two-week period and Mr.Giardiello agreed to this.
Manzer Rutkowski, Tappan, She is very upset that the Planning Board decision is not being followed re the Imperial Sports and Land Banking. Mrs. Rutkowski read a letter from David and Brenda Miller who are concerned with the black top and lack of buffer.
Paul Malone, Tappan, Concerned that the development of the Meditation Center will be invasive on the trees in the area, and these are old and not replaceable.
Elizabeth Werner, Pearl River, against extending the police regulation for Franklin Avenue concerning the Four Hour Parking Signs on both sides of the street.
James K Riley, Pearl River, as a citizen, if these signs are removed then signs on all other streets should be removed as well. Commuter parking is a problem and this will change the streets in Pearl River to a parking lot rather then attractive avenues. Therefore, he is in favor of no parking on Franklin A venue.
Paul Prisco, Palisades, opposed to the plan to build Senior Citizen Homes on the Golf Course in
Palisades.
Mary McCloskey, Blauvelt, reiterated the feelings of many regarding the need for Adult Community Housing. She also thanked the Town Board for their meeting last week that drew a large crowd because of this important issue.
Donald Brenner, Orangeburg, #20 who is Grounds Care Ltd. and what do they do?
Mr. Richardson responded that Grounds Care Ltd. is the current state vendor for mowing at RPC.
* * *
RESOLUTION NO. 223 APPOINT/POLICE CHAPLAIN MSGR. EMMET R. NEVIN
Councilman Fisher offered the following resolution, which was seconded by
Councilman Troy and was adopted:
RESOLVED, that upon the recommendation of the Chief of Police, appoint Monsignor Emmet R. Nevin, St. Catherine’s Church, Blauvelt, NY to serve in the position of Police Chaplain to the Orangetown Police Department is hereby appointed.
Ayes: Councilpersons Fisher, Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 224 OPEN/CONTINUE/ PH LL/REG SNOW PLOWING
Councilwoman Manning offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted:
RESOLVED, that the public hearing to consider the adoption of a proposed local law, “Regulating Snow Plowing Within the Town of Orangetown” is hereby opened and continued from March 10, 2003.
Ayes: Councilpersons Manning, Troy, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
***
The Town Clerk presented affidavit of publication and notice of posting, copies are labeled
Exhibit 4-A-03 and made part of these minutes.
Resolution No. 224- Continued
The public portion was opened and the following people spoke:
Judy Goodrich, Upper Grandview, (against) believes invasive doesn’t understand what the Town is trying to accomplish.
Fran Oldenburger, Blauvelt, present law not enforced, against proposal, application invasive.
Ruth Weber, Upper Grand View Association, (against legislation) concerned with over legislation specifically regarding the Maintenance Law and the Snowplowing as well as the Landscaping legislation to be voted on tonight. Permits from the building department are unfair to some as will this legislation be if it is passed.
James Dean, Superintendent of Highways, presented the reasons for this legislation and a lengthy discussion took place between the Town Board members.
Bill Bosley, wanted to know how long it would take to get a permit.
Marty Oldenburger, Blauvelt, (against legislation) wanted to know what is the need for a database? Mr. Dean responded to the question, saying that the primary reason for the law was so that the Town would know which contractors were working near Town right of ways and information could be provided to contractor.
* * *
RESOLUTION NO. 225 CLOSEP/HLL
REG SNOW PLOWING
Councilman Troy offered the following resolution, which was seconded by
Councilman O’Donnell and was unanimously adopted.
RESOLVED, that this public hearing is hereby closed. Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 226 DESIGNATION OF LEAD AGENCY
Councilman Troy offered the following resolution, which was seconded by
Councilman O’Donnell and was unanimously adopted.
RESOLVED, that the Town of Orangetown hereby declares itself Lead
Agency in this matter.
Ayes: Councilpersons Troy, O’Donnell, Fisher, Manning
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 227 LL/REG SNOW PLOWING TB/DECISION/ ADOPT IFAILS
Councilman Troy made a motion to Adopt the following resolution, which was seconded by Supervisor Kleiner and on a roll call failed three (3) to two (2):
RESOLVED, that this Town Board failed to adopt a Local Law to “Regulate Snow
Plowing Within the Town of Orangetown”.
Ayes: Councilpersons Troy, Supervisor Kleiner
Noes: O’Donnell, Fisher, Manning
RESOLUTION NO. 228 OPEN/CONTINUE/PH LL LANDSCAPERS & TREE SURG
Councilman O’Donnell offered the following resolution, which was seconded by
Councilwoman Manning was unanimously adopted:
RESOLVED, that the public hearing to consider the adoption of a proposed local law, “Regulating Landscapers and Tree Surgeons Within the Town of Orangetown is hereby opened and continued from March 10, 2003.
Ayes: Councilpersons O’Donnell, Manning, Troy, Fisher
Supervisor Kleiner
Noes:
None
The Town Clerk presented affidavit of publication and notice of posting, copies are labeled
Exhibit 4-B-03 and made part of these minutes.
The public portion was opened and the following people spoke: Judy Goodrich, Upper Grandview, against legislation.
Ruth Weber, Upper Grand View Association, against legislation, micro managing, there is legislation already on the books that would address problems.
Supervisor Kleiner is in favor of this legislation and gave information specific to safety issues that this law would address.
Councilperson Fisher is concerned that this law may indicate that certain training may be accompanying the license, giving the people a false sense of security.
Councilperson O’Donnell is concerned that this would result in over legislation. Presently, there exist laws that would be able to deal with these infractions.
Councilwoman Manning is in agreement with Councilman O’Donnell that there is sufficient legislation giving the Police Department authorization to cite anyone breaking the law. Would like to further study this law and perhaps be able to arrange to have this brought back and look at again.
***
RESOLUTION NO. 229 CLOSE PIH LL/REG
LANDSCAPERSffREE SURG
Councilman O’Donnell offered the following resolution, which was seconded by
Councilman Troy and was unanimously adopted.
RESOLVED, that this public hearing is hereby closed. Ayes: Councilpersons O’Donnell, Troy, Fisher, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 230 LL/LANDSCAPERSffREE SURG TB/DECISIONff ABLE/FAILS
Councilman Fisher made a motion to Table the following resolution, which was seconded by Councilman O’Donnell and on a roll call failed three (3) to two (2):
RESOLVED, that this Town Board failed to Table a Local Law to “Regulate
Landscapers and Tree Surgeons Within the Town of Orangetown.
Ayes: Noes:
Councilpersons Fisher, O’Donnell Councilpersons Troy, Manning Supervisor Kleiner
RESOLUTION NO. 231 LL/LANDSCAPERSffREE SURG TBIDECISION/RESERVE/FAILS
Councilman Fisher made a motion to Reserve the following resolution, which was seconded by Councilman O’Donnell and on a roll call failed three (3) to two (2):
RESOLVED, that this Town Board failed to Reserve a Local Law to “Regulate
Landscapers and Tree Surgeons Within the Town of Orangetown.
Ayes: Councilpersons Fisher, O’Donnell
Noes: Councilpersons Troy, Manning
Supervisor Kleiner
* * *
RESOLUTION NO. 232 LL/LANDSCAPERSffREE SURG TB DECISION/ADOPT/FAILS
Councilman Troy made a motion to Adopt the following resolution, which was seconded by Supervisor Kleiner and on a roll call failed two (2), two (2) to one (1):
RESOLVED, that this Town Board failed to adopt a Local Law to “Regulate
Landscapers and Tree Surgeons Within the Town of Orangetown.
Ayes: Councilperson Troy, Supervisor Kleiner Noes: Councilpersons O’Donnell, Manning Abst: Councilperson Fisher
* * *
RESOLUTION NO. 233 COMBINE AGENDA ITEMS
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that agenda items thirteen (13) through thirty-three (33) are hereby combined.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 234 GRANT/NYSEC CONTRACT NO. T302173/DOWN TO THE HUDSON:THESPARKILL CREEK/MUSEUM
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
Whereas, the Town of Orangetown herein called the “Municipality,” after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the State Contract, herein called the “Project” is desirable, in the public interest, and is required in order to study and/or implement the local project or program; and
Whereas, under Chapter 55, Section 1 and 2, of the Laws of 1999 relating to the Local Assistance Budget, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement and
Resolution No. 234 – Continued
Whereas, the Municipality has examined and duly considered Chapter 55, Section I and 2, of the Laws of 1999 relating to the Local Assistance Budget and deems it to be in the public
interest and benefit under this law to enter into a contract therewith: NOW, THEREFORE, BE IT RESOLVED BY Town of Orangetown
- That Thom Kleiner. Town Supervisor
is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State and to provide such additional information as may be required.
- That one ( 1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract.
- That this Resolution takes effect immediately.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes:
None
***
RESOLUTION NO. 235 POLICE REGULS/ADOPT HANDICAP PK/PR POST OFFICE
Councilman Fisher offered the following resolution, which was seconded by Councilwoman
Manning and was adopted:
RESOLVED, that installation of a handicapped parking space at the southwest corner of South Main Street, Pearl River at the entrance to the Post Office is hereby approved.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 236 POLICE REGULATIONS ADOPT/PERMANENT
Councilman Fisher offered the following resolution, which was seconded by Councilwoman
Manning and was adopted:
RESOLVED, that upon the recommendation of the Traffic Advisory Board, Police Department, Highway, and Town Attorney, adopt the 6-month police regulations on Exhibit 4-C-03, which is made part of these minutes are hereby approved as permanent regulations.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes:
None
***
RESOLUTION NO. 237 ADOPT EQUALIZATION SRY CONTRACT/PAUL YONKE
Councilman Fisher offered the following resolution, which was seconded by Councilwoman
Manning and was adopted:
Resolution No. 237 – Continued
RESOLVED, that upon the recommendation of the Town Assessor, award a contract to Paul Yonke for $11,500 for review of the equalization survey for the upcoming tax year is hereby awarded. Costs are to be charged to A1355/50457.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 238 APPROVE 2003 FUNDING/ PROJECT GRADUATION
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that upon the recommendation of the Finance Director, the following funding for Project Graduation is hereby approved and to be charged to Account number A421 l/50457:
Nanuet High School | $450 |
Nyack High School | $1,250 |
Tappan Zee High School | $2,500 |
Pearl River High School | $2,500 |
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 239 ADOPTTOWN’S EXT AUDIT
2002 BUDGET ADJUSTMENTS
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that upon the recommendation of the Town’s external auditor,
2002 budget adjustments as shown on Exhibit 4-D-03, which are made part of these minutes, are hereby approved.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 240 ADOPT/GOUNDS MAINTEN CONTRT/GOUNDS-CARE LTD
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings approve a contract with Grounds-Care Ltd. for grounds maintenance for the Orangetown portion of the Rockland Psychiatric Center site at an annual cost of $32,600 to be charged to A1620/50457 is hereby approved.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 241 APPOINT CLERK/BUILDING JENNIFER FEIERTAG
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that Jennifer C. Feiertag is appointed to the position of clerk/typist in the Building Department, provisional, grade 2-1, annual salary of $25,471.00, effective April 15, 2003.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 242 AMEND RESOLUTION 70/03
SNIPER BASIC COURSE/
POLICE DEPT.
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that permission is hereby granted to one police officer to attend a conference entitled, “Sniper Basic Course” in Fort Dix, N.J. from 4/21-4/25/03 at a cost of
$652.500 to be charged to Account #B3120/0441-0480.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 243 PERMISSION GRANTED
POLICE DEPT/NYS CRIME
PREVENTION CONF
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that permission is hereby granted for two Orangetown Police Department detectives to attend the New York State Crime Prevention Coalition Conference in Lake George, NY from May 6-9, 2003 at a cost of $577.50 to be charged to Accounts B/3120/0441-0480.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 244 PERMISSION GRANTED
POLICE DEPT/ROCKLAND CTY/ SHERIFF’S/ AS-400
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that permission is hereby granted for the Police Chief to negotiate and sign an agreement with Rockland County leaving a surplus AS-400 to the Sheriff’s Department as a back-up to a system used by the County and the Orangetown Police Department.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 245 PERMISSION GRANTED/ RECEIVER OF TAXES/SEMINAR FOR TAX COLLECTING
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that permission is hereby granted for Robert R. Simon to attend a Training Seminar for Tax Collecting Officers in Auburn, NY from June 8-11, 2003, at a cost of $545.00 to be charged to Accounts Af1330/0441-0480.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 246 ACCEPT MINUTES
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that the Regular Town Board and Audit minutes of March 24, 2003;
and Special Town Board minutes of March 21, 2003, March 24, 2003, April 4, 2003 and
April 10, 2003 are hereby accepted.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 247 APPOINT/SHADE TREE COM
WILLIAM DOOLITTLE
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
RESOLVED, that William Doolittle is appointed to the Orangetown Shade
Tree Commission.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 248 CONTRACT/PUBLIC LANDS COLLINS PROP CLAUSLAND MOUNTAIN
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was adopted:
WHEREAS, the Trust for Public Land is a non-for-profit entity dedicated to the protection and preservation of public lands; and
WHEREAS, the Town for Public Land has negotiated a contract for the acquisition of 42 acres of land (with a resident house) owned now or formerly by John Collins located on Clausland Mountain for the sum of $2,700,000; and
WHEREAS, the Town of Orangetown has remained committed to its preservation of lands located on Clausland Mountain for public park purpose; and
WHEREAS, the Trust for Public Land has requested that the Town of Orangetown express a commitment to participate in the acquisition of the 42 acres now under contract to the extent of ten percent (10%) of the purchase price or $270,000.
Resolution No. 248 – Continued
NOW, THEREFORE, BE IT RESOLVED, that the Town of Orangetown hereby determines that it will participate in the acquisition of the 42 acres which constitute the John Collins parcel to the extent of ten percent (10%) of the agreed upon total purchase price of $2,700,000, re to the extent of $270,000 contingent upon the other 90% to be provided by other sources, subject to presentation and approval by this Town Board of a purchase agreement in acceptable form, and subject to ownerships provisions, conditions, and covenants, which will serve to protect and preserve such parcel as passive recreational lands.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 249 ENTERAUDIT
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board enters Audit Meeting at 11 :00 P.M. Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 250 PAY VOUCHERS
Councilman Fisher 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, Risk Retention, and Utilities in the amount of $982,522.11.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 251 PAY MANUAL CHECKS
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay Manual Checks in the amount of $8,230.00.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 252 ENTEREXECUTIVE
SESSION
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board enters executive session to discuss particular police litigation and other personnel matters at 11: 10 P.M.
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 253 RE-ENTER RTBM
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board re-enters the Regular Town Board meeting at
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
***
RESOLUTION NO. 254 ADJOURNMENT/MEMORY
Councilman Fisher offered the following resolution, which was seconded by
Councilwoman Manning and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 11:30 P.M. in memory of Billy Kayser (Pearl River), Warren DeMeola (Blauvelt), Michael Antonutti (Pearl River) and Josephine Aurell (Orangeburg).
Ayes: Councilpersons Fisher, Manning, O’Donnell, Troy
Supervisor Kleiner
Noes: None
CharlotteMadigan,Town Clerk