Meeting Overview

TOWN OF ORANGETOWN
REGULAR TOWN BOARD & AUDIT MEETING
MARCH 10, 2003
The Regular Town Board Meeting was opened at 7:43 P.M. Supervisor Kleiner presided. The Town Clerk called the Roll. Present were:
Councilman Edward Fisher – absent
Councilman Denis O’Donnell
Councilman Denis Troy
Councilwoman Marie Manning
Also present:
Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
Thomas O’Connell, Deputy Town Attorney
Suzanne Barclay, Executive Assistant to Supervisor
Charles Richardson, Director of Finance
James Dean, Superintendent of Highways
Terence Sullivan, Police Captain
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
* * *
The Pledge of Allegiance to the Flag was led by Charlotte Madigan, Town Clerk
* * *
Announcements
Highway Department Informational Meeting on East Washington Avenue Sidewalks – Tuesday, March 18, 7:00 p.m., Pearl River Library.
Volunteer Services requested affordable Housing for their volunteers and would like to see this on the Rockland Psychiatric property.
Public Portion
Patricia Edelstein, Dorsey Ct., Orangeburg, concerned that filming in the Town of Orangetown needs regulations to address problems during filming. She suggests 2 visits, 2-week notice, remote parking and continuous Police presence.
Betsy Brenner, Dorsey Ct., Orangeburg, spoke safety factor and filming in area. She feels that paramedics, police cars and fire trucks would be hindered if filming was being done during an emergency.
Councilman O’Donnell asked Captain Sullivan to address this issue. Captain Sullivan agreed that this could be a hazard.
Jeff Berman, Chairman of the Committee For Open Space, supports continued OP Zoning in the Mercedes area. However as an alternative, a portion of the property is to be for Senior Residential Housing, it would be acceptable based on itemized restrictions. Also it would be necessary to protect open space, our water and buffers for the wetlands.
Eileen Larkin, Palisades spoke about the Sports Center on the Rockland Psychiatric Center property. She would like to know when the zone changes will take place. Mrs. Larkin commented that any development coming to the town needs to be addressed by present laws. Eileen Larkin asked the Town Board to consider monetary aid to the Palisades Community Building.
Supervisor Kleiner responded the Sports Center, Town Pool, parking and buffers need to be addressed before any zone changes are to be considered.
Ruth Weber, Tweed Blvd., Upper Grandview, monitors public officials, similar to a report card. She gives an A+ to Mr. Edward Miggins who attends to the Nike Site who keeps it from deterioration due to trash, vandalism etc.
Trish Moran, Pearl River, questioned the Comprehensive Plan status of edits from Saccardi & Schiff regarding the Mercedes property.
Supervisor Kleiner advised Mrs. Moran in the next few weeks the Comprehensive Plan should be final. However, the question remains that the Mercedes property is unique and must be considered as such, hopefully before we adopt the plan. Presently the law indicates that for any zone changes, the Town Board must go back and change the Comprehensive Plan.
Councilman Troy and Councilman O’Donnell feel that we should move forward and not hold up the Comprehensive Plan because of the Mercedes property. They are in agreement that the Mercedes property should be left OP zoning.
Tom Bertussi, Pearl River, says leave Mercedes as OP, supports a sports complex at Rockland Psychiatric Center, down zoning should have a pay back for Orangetown and Rockland Psychiatric Center should be developed slowly so that it would accommodate traffic along Veterans Memorial Dr.
* * *
RESOLUTION NO. 148 OPEN/PH LL/REGULATING
SNOWPLOWING
Councilman O’Donnell 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 Snowplowing in the Town of Orangetown is hereby opened:
Ayes: Councilpersons O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
The Town Clerk presented affidavit of publication and notice of posting, copies are labeled Exhibit 3-A-03 and made part of these minutes.
The public portion was opened and the following spoke:
James Dean, Superintendent of Highways explained the purpose and need of this law, particularly safety issues. Believes we can be proactive if we have an active list of people to go by.
Kevin Duffy, Pearl River, questioned whether he must be licensed by Orangetown to plow his own driveway. Suggested plowing and reversal of plowing which clears the shoulders.
James Dean responded with, we do not have the traffic to beat down the snow.
Marty Oldenburger, Blauvelt has been plowing for 30+ years is against $50 fee, believes this is selective enforcement.
Fran Oldenburger, Blauvelt opposed to law, “over legislation”. If you live outside of Orangetown but come to plow friends or family will it be legal?
Bob Nigula, against the law and $50 fee. He does not charge for seniors who are in need.
John Buonadonna, Pearl River, licensed in Rockland County. Recommends each snowplowing company or individual to have a million-dollar insurance policy to protect themselves. He also commented that another town charges $20 for six stickers and then $1 each for any over six which covers snowplowing and landscaping.
A discussion took place between the Town Board members and all agreed.
Councilman Troy voted to reserve – this needs further investigation before adopting.
Councilman Fisher (by letter) believes this will only work if there is enforcement.
Councilman O’Donnell agreed that we should reserve for further investigation.
Councilwoman Manning is concerned about enforcement.
Supervisor Kleiner agrees that the Town should review and bring this up at a later date.
* * *
RESOLUTION NO. 149 CLOSE/PH LL/REGULATING
SNOWPLOWING
Councilman O’Donnell 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 Snowplowing in the Town of Orangetown is hereby closed:
Ayes: Councilpersons O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
RESOLUTION NO. 150 RESERVE/PH LL/ REGULATING
SNOWPLOWING
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board hereby reserves its decision on a Local Law Regulating Snowplowing in the Town of Orangetown.
Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 151 OPEN/PH LL/REGULATING
LANDSCAPERS/TREE SURGEONS
Councilman O’Donnell 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 Landscapers and Tree Surgeons in the Town of Orangetown is hereby opened:
Ayes: Councilpersons O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
The Town Clerk presented affidavit of publication and notice of posting, copies are labeled Exhibit 3-B-03 and made part of these minutes.
The public portion was opened and the following spoke:
James Dean, Superintendent of Highways explained the local law would give the ability to the Town Board to pull a license if contractor had many complaints (landscapers equipment and trucks causing dangerous traffic situations and removal of materials causing dangerous storm drain clogging). No longer can you stack leaves on roadways. Highway Dept. will pick up brush 7 times a year and will be on target.
Ruth Weber, Upper Grandview, has many concerns regarding the local law and urges the Town Board to Reserve on its decision. She feels this is an overkill of legislation. Seniors hire people for various reasons, which may consist of yard work not necessarily landscaping. Time frame is legitimate but should include Sundays and holidays.
John Buonadonna, Pearl River, would like to see a combination of landscaping and snowplowing.
Donald Brenner, Orangeburg, wants to know how this law would affect utility companies and developers.
* * *
RESOLUTION NO. 152 CLOSE/PH LL/REGULATING
LANDSCAPERS/TREE SURGEONS
Councilman O’Donnell offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the public hearing to consider the adoption of a proposed local law Regulating Landscapers and Tree Surgeons in the Town of Orangetown is hereby closed:
Ayes: Councilpersons O’Donnell, Manning, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 153 RESERVE/PH LL/ REGULATING
LANDSCAPERS/TREE SURGEONS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board hereby reserves its decision on a Local Law Regulating Landscapers and Tree Surgeons in the Town of Orangetown.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 154 COMBINE AGENDA ITEMS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that agenda items five (5) through twenty-one (21) are hereby combined as one.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 155 ADOPTED/AID/
4TH OF JULY FIREWORKS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that aid to the Pearl River Parks and Activity Committee for the annual Fourth of July Fireworks Display and Celebration on Friday, July 4, 2003 (rain date, July 5) by providing a band, 3 yards of sand, barricades, 4 port-o-sans (2 handicapped accessible), trash receptacles (clean-up and pick-up), and use of sound system and personnel to assemble same, to be charged to celebrations account #A7550, and waive all permit fees, is hereby approved.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 156 RECEIVE/FILE/EASEMENT
PR SCH/ GILBERT AV
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that an Easement Agreement between The Town of Orangetown and the Pearl River School District, together with Recording Certificate Instrument Id: 2002-00069579 recorded 11/21/02. (73.06, Block 1, Lot 1 – Pearl River Middle School – Gilbert Avenue), is hereby received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 157 RECEIVE/FILE/PERFORMANCE BOND/HEGARTY/PR GLEN II SUBDIVISION
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, receive and accept Performance Bond No. UB-0267078 of Hegarty Homes, Inc., as Principal, and Universal Bonding Insurance Company, as Surety, in favor of the Town of Orangetown, as Obligee, in the amount of $51,144.00 in connection with Pearl River Glen II Subdivision (Section 69.09, Block 4, Lot 18) is hereby received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 158 RECEIVE/FILE/BARGAIN &
SALE DEED/GUSSACK REALTY
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney, accept and receive Bargain and Sale Deed for road widening, Route 303 and road widening, Bradley Hill Rd. Gussack Realty (formerly General Bearing Corp. Site) 616 Route 303, Blauvelt, NY, Section 65.18, Block 1, Lot 17 (part of) for road widening, is hereby received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 159 RECEIVE/FILE/RELEASE OF
PUBLIC IMPROVEMENT LIEN/ COASTAL PIPELINE PRODUCTS
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a Release of Public Improvement Lien dated 1/18/01 regarding Coastal Pipeline Products Corp. and Com-Tech, LLC, contractor (Route 340 Project, installation of sidewalks, curbing and drainage facilities), is hereby received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 160 RECEIVE/FILE/RESTRICTIVE COVENANT/ R & J INAYAT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that a Restrictive Covenant of Rafiq Inayat and Jagwati Inayat, husband and wife, property owners of 187-189 Gilbert Avenue, Pearl River (Sect 73.05, Blk 1, Lot 91). This Covenant requires that the residence on the subject lot shall be maintained, occupied and used as a one or two-family residence only and that no part of the basement premises shall be converted into living space, is hereby received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
RESOLUTION NO. 161 RECEIVE/FILE/LEASE AGREEMENT/MIGGINS/
CARETAKER/NIKE
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Lease Agreement (8/2002) between the Town of Orangetown and Edward and Mary Miggins, Custodian Caretaker of Nike Site Park, is hereby received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 162 ADOPTED/CERT.OF REG.
2003/PLUMBERS’LICENSE
Councilman Troy 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, approval of a Certificate of Registration (Plumber’s License) for 2003 is granted to the following:
Cal Mart Enterprises, Inc.
Ronald Filera Landscape Contractors, Inc.
Monsey Excavating, Inc.
Kevin Stokes Excavating, Inc.
Victor Zugibe, Inc.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 163 APPOINT/GROUNDSWORKER BLUE HILL/PARKS/J ROBINSON
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that John Robinson is appointed to the position of Groundsworker (Blue Hill), permanent, grade 9-5, annual salary $42,439.00, effective March 17, 2003.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 164 APPOINT/LEGAL STENO
TOWN ATT/B DARDINSKI
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that Barbara Dardinski is appointed to the position of Legal Steno in the Town Attorney’s office, grade 11-1, annual salary $37,901.00, effective March 24, 2003.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
RESOLUTION NO. 165 APPROVE/TAX CERT/
PROVIDENT SVGS & LOAN
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the South Orangetown School District, approve settlement of the tax certiorari Provident Savings & Loan Association, Tax Map No. 74.11-2-1, for the tax assessment years 1992; 1993; 1994; 1995; 1996; 1997; 1998; and 1999; as follows:
Section 74.11-2-1
Tax Years FROM TO
1992 $516,100 $490,300
1993 $516,100 $490,300
1994 $516,100 $490,300
1995 $516,100 $490,300
1996 $516,100 $490,300
1997 $516,100 $490,300
1998 $516,100 $490,300
1999 $490,300 $490,300
For a refund by the Town of $1,339.00 and for a refund by the School of $5,062.00. Interest on the Town and School’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town, is hereby approved.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 166 APPROVE/TAX CERT/
PICKER PROPERTIES
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the South Orangetown School District, approve settlement of the tax certiorari Picker Properties, a New York Limited Partnership, Tax Map No. 74.07-1-16, for the tax assessment years 1999; 2000; 2001; and 2002; as follows:
Section 74.07-1-16
Tax Years FROM TO
1997 $8,223,600 $7,791,038
1998 $8,223,600 $7,837,090
1999 $8,223,600 $7,124,104
2000 $8,223,600 $6,553,386
2001 $8,223,600 $5,795,170
2002 $8,223,600 $5,795,170
For a refund by the Town of $75,288.00 and for a refund by the School of $261,807.00. Interest on the Town and School’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town, is hereby approved.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 167 APPROVE/TAX CERT/
HELLMAN/81 THIRD AV/ CHARLES SMITH
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that upon recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the Nyack Union Free School District, approve settlement of the tax certiorari Howard Hellmann as Successor to 81 Third Avenue Associates and/or Charles Smith and Others, Tax Map No. 66.30-1-17, for the tax assessment years 1993, 1994,1995, 1996, 1997, 1998 and 1999; as follows:
Section 66.30-1-17
Tax Years FROM TO
1993 $325,900 $285,900
1994 $325,900 $285,900
1995 $325,900 $285,900
1996 $325,900 $285,900
1997 $325,900 $293,300
1998 $293,300 $293,300
1999 $293,300 $293,300
for a refund by the Town of $1,498.00 and for a refund by the School of $5,458.00. Interest on the Town and School’s liability as a result of decrease is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement on the Town, is hereby approved.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 168 RECEIVE/FILE/ANNUAL FINANCIAL REPORT TAPPAN FIRE DISTRICT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Annual Financial Report for the Tappan Fire District for the Fiscal Year Ending 12/31/02 is hereby received and filed.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 169 ACCEPT MINUTES
RTBM 2/24/03
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Regular Town Board and Audit minutes of February 23, 2003 are hereby accepted.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 170 ACCEPT MINUTES
STBM 3/5/03
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the Special Town Board minutes of March 5, 2003 are hereby accepted.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 171 PERMISSION GRANTED
SULLIVAN/MORSE
POLICE DEPT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that permission is granted to Captain Terence Sullivan and Lieutenant George Morse to attend Graduation Ceremony from FBI Academy for Lieutenant Anthony Mercurio in Quantico, Virginia from March 20 – March 21, 2003 at a cost of $410.00 to be charged to Account No. B3120164/441/480.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 172 PUBLIC IMPROVEMENT BOND/JOY BUILDERS/
PLANNING BOARD
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that the issue of the release of the Public Improvement Bond for Joy Builders be referred to the Planning Board for review and possible action.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 173 ENTER AUDIT
Councilman Troy offered the following resolution, which was seconded by Councilwoman Manning and was unanimously adopted:
RESOLVED, that this Town Board enters Audit Meeting at 10:00 P.M.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 174 PAY VOUCHERS
Councilman Troy 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, Capital Projects, and Risk Retention in the amount of $904,688.28.
Ayes: Councilpersons Troy, Manning, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 175 PAY MANUAL & ESCROW CHECKS
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Finance Office is hereby authorized to pay Manual Checks in the amount of $886.04.
Ayes: Councilpersons O’Donnell, Troy, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 176 ENTER EXECUTIVE SESSION
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board enters executive session to discuss particular police litigation and other personnel matters at 10:07 P.M.
Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 177 RE-ENTER RTBM
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this Town Board re-enters the Regular Town Board meeting at 11:12 P.M.
Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 178 ADJOURNMENT/MEMORY
Councilman Troy offered the following resolution, which was seconded by Councilman O’Donnell and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 11:12 P.M. in memory of Walter Murray, Kathleen (Kay) Duffy, Mario Perillo, and Clement Crisci.
Ayes: Councilpersons Troy, O’Donnell, Manning
Supervisor Kleiner
Noes: None
______________________________________
CHARLOTTE MADIGAN, TOWN CLERK
10
RTBM 3/10/03 PAGE
DRAFT
DRAFT