Meeting Overview

TOWN OF ORANGETOWN
REGULAR TOWN BOARD & AUDIT MEETING
June 23, 2003
The Regular Town Board Meeting was opened at 7:47 P.M. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Edward Fisher
Councilman Denis O’Donnell
Councilman Denis Troy – (Absent)
Councilwoman Marie Manning
Also present: Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
James Riley, Town Attorney
Thomas O’Connell, Deputy Town Attorney
Suzanne Barclay, Executive Asst. to Supvr.
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Robert Beckerle, Dir. Dept. of Environmental Mgt. & Eng.
Terrence Sullivan, Police Captain
Robert Simon, Receiver of Taxes
Ed Cook, Building Dept.
Mary McCloskey, Assessor’s Office
Richard Rose, Superintendent of Parks, Rec. & Bldg. Maint.).
* * *
The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk
Supervisor Kleiner announced there will be a public presentation of STEJ Sports Complex Proposal Monday, June 30, 2003, 8:00 p.m. As to Senior Housing, Supervisor Kleiner had a discussion with Saccardi as to which zones the housing should exist in and rational of density and buffer areas. A meeting of the Route 303 Access Management will be held Tuesday, July 1, 2003, 7:00 p.m. for a continued effort to implement results of the Route 303 study.
Public Portion:
Catherine Lorentzen, Tappan, lives on the west side of Lanram Rd, Sparkill Glen Subdivision and spoke about the landscaping issues. She has no privacy, was promised 6 ft pine trees by the builder but nothing has happened yet. At this point she would prefer a fence.
Ruth Weber, Upper Grandview, questioned if any of the escrow release (audit) pertained to Tweed Blvd? Hopes this issue will be resolved soon.
Ruth Vezzetti, Tappan, questioned if Certificate of Occupancy for Lowes Home Improvement has been granted? Grand Opening June 25, 2003. Invitations sent to elected officials.
Nick Christi-Blik, Lamont Doherty, Scientist Environmental Comm. Regardless of rain, we as a town are still suffering from lack of water. Asked that the Town Board consider water concerns as zone change requests come before them.
* * *
RESOLUTION NO. 375 CLOSE PUBLIC PORTION
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public portion of this Town Board meeting is closed.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 376 OPEN/PH/ZONE CHANGE
HOFFMEISTER/CHASE
286 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public hearing to consider an application by John T. Hoffmeister & Blythe Anderson Chase for Zone Change for property located in Palisades (78.13-1-2). Amending Local Law No. 4, 1969 (Ch. 43 of the Code of the Town of Orangetown entitled “Zoning”) and specifically Section 2.2 (Zoning Map) re John T. Hoffmeister & Blythe Anderson Chase, property located at 286 Route 9W, Palisades (78.13-1-2), to change the Zone from LO to R-40.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
The Town Clerk presented affidavit of publication and notice of posting, copies are labeled Exhibit 6-B-03 and made part of these minutes.
The public portion was opened and the following people spoke:
Burt Dorfman, Attorney for applicant, gave a synopsis of reasons and requirements for the zone change. John T. Hoffmeister and Blythe Anderson Chase are requesting to change what is presently zoned laboratory office to residential. Mr. Dorfman stressed that this would be a positive change for these 10 acres at 286 Route 9W in Palisades. Mr. Dorfman asked the Board to declare itself as lead agency, they make a finding and pursuant to SEQUOR, that there be no adverse environmental impact, grant a negative declaration and grant a zone change He introduced Brian Brooker PE, an engineer with the State of New York. Mr. Brooker described the neighboring properties R80-LO-R15-R40. He talked about the piece of property, saying utility services are available from Rte 9W however town sewers need to be developed. Six homes would be added, plus the existing house and carriage house would bring the total homes to eight.
Supervisor Kleiner, read the DEC statement which stated that development of this parcel would require a SPDES Stormwater (GP-02-01) General permit at the very least. Consequently, the DEC is unable to agree to a Lead Agency designation for this project until we have reviewed the requested information.
A MEMO dated June 12, 2003 stated that after speaking with Less Kassim of the New York State Department of Environmental Conservation, Mr. Kassim has no opposition to the zone change nor to the Town Board acting as lead agency for this zone change. He further stated that NYS DEC will need to review the subdivision map if the zone change is granted.
TAB also recommended approval.
* * *
RESOLUTION NO. 377 CLOSE PH/ZONE CHANGE
HOFFMEISTER/CHASE
286 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted.
RESOLVED, that this public hearing is hereby closed.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 378 DESIGNATION OF LEAD AGENCY
ZONE CHANGE/HOFFMEISTER/CHASE
286 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted.
RESOLVED, that the Town of Orangetown hereby declares itself Lead Agency in this matter.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 379 SEQRA DECLARATION
ZONE CHANGE/HOFFMEISTER/CHASE
286 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted.
RESOLVED, that a negative SEQRA Declaration is hereby adopted, copy is labeled Exhibit 6-C-03 and made part of these minutes.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 380 TB DECISION/ZONE CHANGE
HOFFMEISTER/CHASE
286 ROUTE 9W/PALISADES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a Local Law amending Local Law No. 4, 1969 (Ch. 43 of the Code of the Town of Orangetown entitled “Zoning”) and specifically Section 2.2 (Zoning Map) re John T. Hoffmeister & Blythe Anderson Chase, property located at 286 Route 9W, Palisades (78.13-1-2), changing the Zone from LO to R-40 zone is hereby adopted.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 381 OPEN/PH/REPLACEMENT AND/OR RECONSTRUCTION OF SHADYSIDE AVE SEWER
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public hearing to consider Replacement and/or Reconstruction of Shadyside Avenue Sewer is hereby opened.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
PH – Replacement and/or reconstruction of Shadyside Ave Sewer – Continued
The Town Clerk presented affidavit of publication and notice of posting, copies are labeled Exhibit 6-D-03 and made part of these minutes.
The public portion was opened and the following people spoke:
Robert Beckerle, Dir. Dept. of Environmental Mgt. & Eng., gave a presentation of why this sewer line is in need of replacement and/or reconstruction (health codes need to be addressed before system fails). During an emergency on Townsend Avenue it was noticed that 1100 feet of fiber pipe was installed against code and could become a health issue because of its proximity to water.
Charles Richardson, Director of Finance, explained why Bonding for this issue was necessary. Transferring of funds from one loan to a larger loan but Todd Miles (Bond Counsel) indicated that we still needed the legal authority provided by a bond resolution to provide the funds.
* * *
RESOLUTION NO. 382 CLOSE PH/ REPLACEMENT
AND/OR RECONSTRUCTION OF SHADYSIDE AVE SEWER
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted.
RESOLVED, that this public hearing is hereby closed.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 383 TB DECISION/ADOPT REPLACEMENT AND/OR RECONSTRUCTION OF SHADYSIDE AVE SEWER
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board hereby adopts to replace and/or reconstruct Shadyside Avenue Sewer.
Ayes: Councilpersons Fisher, O’Donnell, Manning
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 384 BOND RESOLUTION/ADOPTED
SHADYSIDE AVE SEWER
Councilwoman Manning offered the following resolution, which was seconded by Councilman, Fisher and was unanimously adopted:
RESOLVED, that the Bond Resolution of the Town of Orangetown, New York, appropriating $162,500 for the construction of improvements to the sewage collection and treatment system, in said town and authorizing the issuance of $162,500 serial bonds of said town to finance said appropriation is hereby approved, a copy of the Extract of Minutes is labeled Exhibit 6-E-03 and made a part of these minutes.
Ayes: Councilpersons Manning, Fisher, O’Donnell,
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
RESOLUTION NO. 385 COMBINE AGENDA ITEMS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that agenda items eight (8) through twenty-three (23) are hereby combined.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 386 AUTHORIZE/AGREEMENT
COST CONTROL INC./O & R
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Finance Director is authorized to sign a contract with Cost Control Associates Inc., of Queensbury, NY to review Orange & Rockland utility bills for potential cost savings at a maximum cost of 45% of the identified verified savings from Orange and Rockland bills.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 387 APPROVE AID/ROCKLAND COUNTY COLUMBUS ASSOC. COLUMBUS DAY PARADE
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that aid to the Rockland County Columbus Association for the use of four portable toilets, barricades, the Showmobile, and the painting of the purple line on Central Avenue for the annual 2003 Rockland County Columbus Day Parade in Pearl River on October 12, 2003 is hereby approved.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 388 APPROVE ELECTION
BLAUVELT FIRE CO/CHONDRIS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that election of George Chondris to the position of Firefighter in the Blauvelt Volunteer Fire Company is hereby approved.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 389 ACCEPT PROPOSAL/LAWLER, MATUSKY & SKELLY, INC. DELINEATE WETLANDS/RPC
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the letter proposal from Lawler, Matusky and Skelly, Inc. (LMS) to delineate wetlands at six locations on town-owned property at Rockland Psychiatric Center for a
total of $37,250 of which $18,050 is for LMS to identify and flag wetlands and $19,200 is for Jay A. Greenwall, PLS to prepare the survey showing the wetlands delineated by LMS to be charged to account no. A8989654/50457 is hereby accepted.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 390 SET DATE PH/COVENANT MODIFICATION/SOMERSET CONDOMINIUMS/PEARL RIVER
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Monday, August 11, 2003 at 8:30 p.m. is set for a Public Hearing to consider modifications of a covenant held in favor of the town of Orangetown regarding the Somerset Condominiums, to change the “management office” from business to residential.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 391 ADOPT MEMORIALIZING RESOL SPECIAL STATUS/POLICE/FIRE EMERGENCY SERVICE WORKERS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was adopted by a 3-1 vote with Councilman Fisher abstaining.
RESOLVED, that the Governor of the State of New York, the Mayor of the City of New York and the Committee of Judges of the Lower Manhattan Development Corporation Memorial Competition give serious consideration to recognize the special actions of all police officers, firemen, emergency service officers and other responding public officers, including possible recognition and placement of such services at specific and distinct locations to the extent possible and to otherwise specially recognize the heroic actions of such individuals as unique and special.
Ayes: Councilpersons O’Donnell, Manning
Supervisor Kleiner
Absent: Councilperson Troy
Noes: None
Abst: Councilperson Fisher
* * *
RESOLUTION NO. 392 ACCEPT/TRAFFIC STUDY TAPPAN HISTORIC PARK DIST
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Traffic Study of the Tappan Historic Park District prepared by Adler Consulting for the Orangetown Highway Department is accepted.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 393 RECEIVE/ENVIRONMENTAL ASSESSMENT FORM/SHADYSIDE SEWER/LAWLER, MATUSKY & SKELLY, INC.
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Environmental Assessment Form prepared by Lawler, Matusky and Skelly, Inc. for the Shadyside Sewer Replacement Line is accepted.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 394 ADVERTISE BIDS/RPC TIME/MATERIALS/SMALL CONSTRUCTION/REPAIR
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Director of Sewer and Finance Director is hereby authorized to advertise for sealed bids for time and materials contract for small construction and repair projects on Town-owned property at the former Rockland Psychiatric Center.
RESOLVED FURTHER, that bids are to be received by 10:30 A.M., Thursday, July 31, 2003, 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 a regular Town Board Meeting.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 395 PERMISSION GRANTED/HIGHWAY APWA INTER PUBLIC WORKS
JAMES DEAN, SUPERINTENDENT
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 395 – Continued
RESOLVED, that permission is granted to James Dean, Superintendent of Highways to attend the 2003 APWA International Public Works Congress and Exposition a Seminar in San Diego, CA on August 24-27 for a cost of $1,151 to be charged to Acct. #A1355/441/480.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 396 ADVERTISE BIDS/BLUE HILL REHABILITATION OF CART PATHS PARKS AND RECREATION
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 Buildings is hereby authorized to advertise for bids for the rehabilitation of cart paths at Blue Hill Golf Course.
RESOLVED FURTHER, that bids are to be received by 10:30 A.M., Tuesday, August 5, 2003, 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 a regular Town Board Meeting.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 397 RECEIVE/FILE/RESTRICTIVE COVENANT/TAPPAN
DE-MAPPING OF STEPHENS RD
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Restrictive Covenant for the De-Mapping of Stephens Road, Tappan dated 6/20/02 and recorded in Rockland County on 4/8/03 (Instrument Id 2003-00024805) is received and filed.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 398 RECEIVE/FILE/CO-SPONSORED FUNDING AGREEMENT ORANGETOWN CHILDREN’S SOCIETY, INC.
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 398 – Continued
RESOLVED, that the Co-Sponsored Funding Agreement between the Town of Orangetown and the Orangetown Children’s Society, Inc. is received and filed.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 399 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 and Audit minutes of June 9, 2003, and Special Town Board minutes of June 11, 2003 and June 16, 2003 are hereby accepted.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 400 APPROVE CERTIFICATE OF REGISTRATION/SEWER WK
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Certificate of Registration (Sewer Work) for 2003 for: W. Harris & Son, Inc., 37 W. Washington Ave., Pearl River, NY 10965 is hereby approved.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 401 APPROVE/PAYMENT/ROCKLAND
ECONOMIC DEVELOPMENT ON-LINE PERMIT PROJECT
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the payment of $1,200.00 to the Rockland Economic Development Corp. for their summer intern for on-line permit project to be charged to account no. B3620/50457 is hereby approved.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 402 APPROVE/AID/BLAUVELT LIONS CLUB/BASEBALL GAMES
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that aid to the Lions Club of Blauvelt for two (2) buses for transportation to the Yankee game (Yankee Stadium) on Monday, July 21, 2003 and Mets game
Resolution No. 402 – Continued
(Shea Stadium) on Friday, August 15, 2003 to be charged to Account No. A7310/50482 is hereby approved.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 403 ENTER AUDIT
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board enters Audit Meeting at 9:03 P.M.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 404 PAY VOUCHERS
Councilman O’Donnell 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, Medicare and Utilities for a total amount of $390,971.85.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 405 PAY MANUAL & ESCROW CHECKS
Councilman O’Donnell 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 $1,233.33 and escrow releases in the amount of $9,000.00, for a total of $10,233.33.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 406 RE-ENTER RTBM
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
Resolution No. 406 – Continued
RESOLVED, that this Town Board re-enters the Regular Town Board meeting at 9:05 P.M.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
* * *
RESOLUTION NO. 407 ADJOURNMENT
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 9:07 P.M.
Ayes: Councilpersons O’Donnell, Manning, Fisher
Supervisor Kleiner
Noes: None
Absent: Councilperson Troy
______________________________
Charlotte Madigan, Town Clerk
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