Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MONDAY, JANUARY 8, 2007

This Regular Town Board Meeting was opened at 7:35 p.m.  Supervisor Kleiner presided.  The Town Clerk called the Roll.  Present were:

 

Councilman Denis O’Donnell

Councilman Denis Troy

Councilwoman Marie Manning

Councilman Thomas A. Morr

 

Also present:   Charlotte Madigan, Town Clerk

Eliot Tozer, Deputy Supervisor

Teresa Kenny, Town Attorney

John S. Edwards, First 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.

Kevin Nulty, Chief of Police

Robert Simon, Receiver of Taxes

Brian Kenney, Assessor

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.

 

Supervisor Kleiner announced the CDBG Project Presentations will be held on January 22, 2007.

Ron Delo, Director, Dept. Environmental Mgt. & Eng., took an opportunity to show appreciation to two very exceptional employees, with over a combination of 72 years of service.  William Fitzgerald (over 35 yrs) and Gary Gordon (over 37 yrs) were recognized for their dedication to the well-being, health and safety of the Town.  Ron Delo, the Town Board and the Charlotte Madigan, Town Clerk, wished each of them a long, healthy, and prosperous retirement and extended a sincere thanks to them for all they have done for the Town.

 

Public Comment

Eileen Larkin, Palisades, spoke about the SOSD selling certain properties, senior housing, impact this may have on the schools and increases in taxes.  The school district and the Town should have an open dialect and she requested the public be updated regarding RPC.

Margaret Grace, Piermont, is part of Piermont’s ADHOC committee regarding land use in the village.  She spoke about the protection of the ridgeline in Piermont, the visual character and the impact that Piermont has on Orangetown.  The committee is embarking on open space and purchase of properties and would like to work with the County and Town.

Arnold Shore, Orangeburg, is concerned with the purchase of RPC and the ability to receive tax rateables to help eliminate high tax increases.

Donald Brenner, Attorney, spoke highly about the two dedicated DEME employees, who he hired, and hopes the Town will hire people of the same caliber.

Gail Raffaele, Tappan, said she spoke to the Town Attorney about FOIL procedures and if a solution was made?  She believes the Town Board should know every detail about Town government.

Andrew Wiley, Pearl River, questioned the partial letter of credit from STEJ.  He believes senior housing on the RPC site will be a plague to the Town with the increase in cars and traffic.  He also spoke about a referendum, if RPC property is to be sold.

 

RESOLUTION NO.  21                                           CLOSED PUBLIC COMMENT

 

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

Resolution No.  21 – Continued

 

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

 

Ayes:               Councilpersons Troy, O’Donnell, Manning, Morr

Supervisor Kleiner

Noes:               None

 

Donald Brenner, Attorney representing his client, requested two withdrawal letters for the PAC zone change be read into the record.

 

RESOLUTION NO.  22                                           SKYVIEW PLAZA DEVELOPMT THE MEWS AT PEARL RIVER ZONE CHANGE/WITHDRAWAL

 

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

 

RESOLVED, that the withdrawal letters from Skyview Plaza Development Corporation dated December 28, 2006 and January 5, 2007 for a zone change (PAC) petition for the property located at 21 East Central Avenue, Pearl River (S/B/L 68.16-6-62) are hereby accepted and the minutes of that proceeding is hereby closed.

 

RESOLVED FURTHER, that any future application would require the filing of a new petition.

 

Ayes:               Councilpersons Manning, Morr, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  23                                           OPEN PH/COMMUNITY DEVELOPMT BLOCK GRANT/ACCEPT COMMENT

 

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

 

RESOLVED, that the public hearing to accept comment on the Community Development Block Grant Program administered by the Rockland County Department of Community Development is hereby opened.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

* * *

Public portion:

Gail Raffaele, Tappan, objected to persons not paying taxes being on the CDBG Committee.

Andrew Wiley, Pearl River, asked if the applications on January 22, 2007 will available for public review.

 

RESOLUTION NO.  24                                           CLOSE PH/COMMUNITY DEVELOPMT BLOCK GRANT

 

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

 

RESOLVED, that the public hearing to accept comment on the Community Development Block Grant Program administered by the Rockland County Department of Community Development is hereby closed.

 

Ayes:               Councilpersons Manning, Morr, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

RESOLUTION NO.  25                                           APPOINT/TOWN ASSESSOR       BRIAN KENNEY

 

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

 

RESOLVED, that Brian Kenney is hereby appointed as the Town Assessor for a six term from October 1, 2007 to September 30, 2013.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  26                                           ORANGEBURG FIRE DISTRICT PURCHASE FUEL/TOWN/AUTHORIZED

 

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

 

RESOLVED, that the Orangeburg Fire District is hereby authorized to purchase fuel from the Town Highway Department for the approximately one-year construction period of their new station.

 

Ayes:               Councilpersons Troy, Morr, O’Donnell, Manning

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  27                                           PEARL RIVER PARKS & ACTIVITY COMMITTEE/FIREWORKS/AID

 

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

 

RESOLVED, that the request of the Pearl River Parks & Activity Committee Inc. for three yards of sand, trash receptacles and clean up of field, barricades, and four portable toilets (two handicapped accessible) for the 4^th of July Fireworks Display and Celebration on Wednesday, July 4, 2007 (rain date of July 5, 2007) to be charged to Account #A7550/50457 is hereby approved.

 

Ayes:               Councilpersons O’Donnell, Troy, Manning, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  28                                           BLAUVELT VOLUNTEER FIRE APPOINT FIREFIGHTERS/ADAM ALPERT/RYAN DEFLUMERE

 

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

 

RESOLVED, that the election of Adam Alpert and Ryan Deflumere to the position of Firefighter in the Blauvelt Volunteer Fire Company, Inc. is hereby approved.

 

Ayes:               Councilpersons Morr, Troy, O’Donnell, Manning

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  29                                           YOUTH RECREATION ASSESSMENT ADVISORY COMMITTEE/APPOINT

 

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

Resolution No.  29 – Continued

 

RESOLVED, that the following are hereby appointed to the Youth Recreation Assessment Advisory Committee:

 

Peter Drespel                                                 Terry O’Keefe

Conrad Fitzpatrick, Vice Chairman              Jeff McNichol, Chair

Bob Iorio                                                       Mike Shine

Dan Iorio                                                       Kevin Powers

 

Ayes:               Councilpersons O’Donnell, Morr, Troy, Manning

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  30                                           TRAFFIC ADVISORY BOARD/APPOINT

 

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

 

RESOLVED, that Guy Devincenzo is hereby appointed to the Traffic Advisory Board.

 

Ayes:               Councilpersons O’Donnell, Troy, Manning, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  31                                           APPOINT/BUREAU OF FIRE PREVENTION

 

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

 

RESOLVED, that Douglas Sampath is hereby appointed to the Bureau of Fire Prevention.

 

Ayes:               Councilpersons Morr, O’Donnell, Troy, Manning

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  32                                           AMEND RESOLUTION #270/2006 HIGHWAY COST/RPC BALL FIELDS

 

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

 

RESOLVED, that Resolution No. 270/2006, which reimbursed the Highway Department for costs associated with the RPC ball field construction, is hereby amended from $33,957.36 to $39,873.61.

 

Ayes:               Councilpersons O’Donnell, Morr, Troy, Manning

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  33                                           ESTABLISH POSITION/ASSISTANT BUILDING INSPECTOR

 

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

 

Resolution No.  33 – Continued

 

RESOLVED, that the position of Assistant Building Inspector is hereby established in the Building Department, grade 15, effective January 9, 2007.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  34                                           ASSISTANT BUILDING INSPECTOR MICHAEL MANZARE/APPOINT

 

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

 

RESOLVED, that Michael Manzare is hereby appointed to the position of Assistant Building Inspector in the Building Department, permanent with a mandatory six month probationary period, from Eligible List #05113 grade 15-1, annual salary $51,574.00, effective January 9, 2007.

 

Ayes:               Councilpersons Morr, Manning, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  35                                           ESTABLISH POSITION/DEME    CHIEF OPERATOR

 

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

 

RESOLVED, that the position of Chief Operator, grade 4 (Wastewater) is hereby established in the Department of Environmental Management and Engineering, effective January 9, 2007.

 

Ayes:               Councilpersons Troy, Morr, O’Donnell, Manning

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  36                                           SENIOR CLERK/TYPIST/JUSTICE APPOINT/JACQUELINE OLSEN

 

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

 

RESOLVED, that Jacqueline Olsen is hereby appointed to the position of Senior Clerk/Typist in the Justice Department, permanent with a mandatory six month probationary period, from Eligible List #05083, grade 5-1, annual salary $32,793.00, effective January 17, 2007.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  37                                           ALBERT VALUATION GROUP APPRAISAL/ NANUET UNION FREE SCHOOL/WYETH HOLDINGS CORP

 

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

 

Resolution No.  37 – Continued

 

RESOLVED, that the Town join the Nanuet Union Free School District in retaining the expert appraisal consultant firm, Albert Valuation Group, to prepare a preliminary appraisal review and report consisting of the current inventory of improvements to the Wyeth Holdings Corporation property (as of March 2, 2006 taxable status date) and to consult with the Town and School District (Phase 1) at a fee not to exceed $24,000, and to prepare an abbreviated preliminary draft appraisal report (Phase II) at a price not to exceed $12,000, with the School District and Town equally sharing the costs is hereby approved.

 

Ayes:               Councilpersons Manning, Troy, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  38                                           RESCIND RESOLUTION NO. 17/2007 RESCHEDULE CONSERVATION EASEMENT PUBLIC HEARING

 

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

 

RESOLVED, that Resolution No. 17/2007 is hereby rescinded and the public hearing regarding conservation easements in the Town Code is rescheduled for February 13, 2007, 8:00 p.m.

 

Ayes:               Councilpersons Manning, Morr, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  39                                           BLAUVELT VOLUNTEER FIRE CO FIRE PROTECTION/AUTHORIZED

 

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

 

WHEREAS, the Town Board of the Town of Orangetown has received the proposed budget from the Blauvelt Volunteer Fire Company, Inc., to contract with the Town of Orangetown to furnish fire protection to the Blauvelt Fire Protection District for the year beginning January 1, 2007 and ending December 31, 2011, at an annual cost set forth as follows:

 

For 2007 – $766,450.00, plus Workers Compensation insurance costs

For 2008 – $792,800.00, plus Workers Compensation insurance costs

For 2009 – $805,375.00, plus Workers Compensation insurance costs

For 2010 – $817,700.00, plus Workers Compensation insurance costs

For 2011 – $829,575.00, plus Workers Compensation insurance costs

 

WHEREAS, it appears necessary and desirable and in the best interests of the Blauvelt Fire Protection District to accept the offer of the Blauvelt Volunteer Fire Company, Inc., to furnish fire protection to the Blauvelt Fire Protection District; Now, Therefore, Be It

 

RESOLVED, that the Town Board hereby approves the proposed budget of the Blauvelt Volunteer Fire Company, Inc., to contract with the Town of Orangetown to furnish fire protection to the Blauvelt Fire Protection District for the year beginning January 1, 2007 and ending December 31, 2011, at an annual cost as set forth above for the periods indicated.

 

Ayes:               Councilpersons Morr, Manning, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  40                                           LETTER OF CREDIT/SPORTS FACILITY/STEJ/RPC/R/F

 

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

 

RESOLVED, that the Original Letter of Credit posted by STEJ in the sum of $350,000 representing partial security for the installation of the water and sewer public infrastructure improvements necessary for the development of its proposed sports facility at RPC in accordance with the letter agreement dated October 17, 2005 and executed by STEJ at closing on November 10, 2005 is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons Morr, Manning, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  41                                           PROFESSIONAL SERVICES AGRMT LABOR RELATIONS/CSEA/R/F

 

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

 

RESOLVED, that the Professional Services Agreement for Labor Relations for Collective Bargaining between the Town of Orangetown and the CSEA Collective Bargaining Unit is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  42                                           LETTER OF CREDIT/AGREEMENT BACK NINE LLC/BLUE HILL GOLF COURSE RESTAURANT LICENSE RECEIVED/FILED

 

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

 

RESOLVED, that the Letter of Credit and signed agreement between Back Nine, LLC and the Town of Orangetown for a restaurant license at Blue Hill Golf Course is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons Troy, Morr, O’Donnell, Manning

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  43                                           AMENDMENT AGREEMENT ROCKLAND CTY SOLID WASTE COMPACTOR/RECYCLABLES REBATE/RECEIVED/FILED

 

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

 

RESOLVED, that the original fully executed Amendment to Agreement between the Town of Orangetown and the Rockland County Solid Waste Management Authority regarding the compactor at the Orangetown Highway Department and for the Recyclables Rebate for Cardboard/Commingled Paper is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons Manning, Troy, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

RESOLUTION NO.  44                                           PROFESSIONAL SERVICES AGRMT/DVIRKA/BARTILUCCI SPARKILL WELL HEAD TREATMENT/RECEIVED/FILED

 

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

 

RESOLVED, that the Professional Services Agreement between Dvirka and Bartilucci Consulting Engineers and the Town of Orangetown regarding Sparkill Well Head Treatment is received and filed in the Town Clerk’s Office.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  45                                           FIRE DISTRICTS ANNUAL ELECTION RESULTS RECEIVED/FILED

 

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

 

RESOLVED, that the annual Election results of December 12, 2006 for the following Fire Districts are is received and filed in the Town Clerk’s Office.

 

Nyack Joint Fire District

Orangeburg Fire District

Pearl River Fire District

Sparkill-Palisades Fire District

Tappan Fire District

Central Nyack Fire District

 

Ayes:               Councilpersons Morr, Manning, O’Donnell, Troy

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  46                                           INVESTIGATE/US ENVIRONMENTAL PROTECTION/NYS DEC/PIPC/MBTE CONTAMINATION/GAS STATION

 

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

 

RESOLVED, that the U.S. Environmental Protection Agency investigate the lack of progress made by the NYS DEC and the Palisades Interstate Parkway Commission (PIPC) regarding the remediation of the MBTE contamination of the gas station site owned by the PIPC located adjacent to Exit 5 of the PIPC.

 

Ayes:               Councilpersons O’Donnell, Troy, Manning, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  47                                           TASK FORCE FORMATION/WATER SUPPLY/TOWN SUPERVISORS

 

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

 

Resolution No.  47 – Continued

 

RESOLVED, that the County of Rockland form a Task Force consisting of the five Town Supervisors chaired by Christopher P. St. Lawrence to review the current and future water supply needs of the County to ensure that the County will have an adequate supply of safe, clean water for future needs and investigate the feasibility and cost effectiveness of using treated effluent from wastewater treatment plants to recharge the County’s groundwater.

 

Ayes:               Councilpersons O’Donnell, Manning, Troy, Morr

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 48                                            ADJOURNMENT/MEMORY

 

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

 

RESOLVED, that this meeting hereby adjourned at 8:55 p.m. in memory of Edward Rabbit, Pearl River and Mel Klein, Lance Klein’s father.

 

Ayes:               Councilpersons Troy, Manning, O’Donnell, Morr

Supervisor Kleiner

Noes:               None

 

 

 

______________________________

Charlotte Madigan, Town Clerk