Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MONDAY, OCTOBER 24, 2005

The Regular Town Board Meeting was opened at 7:38 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

                                                Mary McCloskey, Assessor’s Office

John Giardello, Director, OBZPAE

Rich Rose, Superintendent of Parks, Recreation and Buildings

* * *

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

 

Supervisor Kleiner informed everyone that Wyeth agrees to the terms and conditions for a purchase/lease agreement for the property located on Crooked Hill Rd for Cherry Brook Drainage Project I.  The Town Board will be meeting with the three developers for RPC between now and the next meeting and they will also be meeting with John Saccardi to discuss creating a new zone in Sparkill concerning vacant parcels and particulars to neighborhoods.

 

Public Comment (RTBM)

Shelly Morgan, Tappan, spoke about Denis Troy’s advertisement maintaining the Quality of Life in Orangetown.

Eileen Larkin, Palisades, questioned hearing officer fees and putting the budget in the libraries for public view.  She reminded the Town Board of the meeting regarding the juvenile detention facility being considered to move to Rockleigh, NJ.

Genevieve Coffey, Pearl River, read a list of grievances of water runoff from the subdivision next to her property.  She said proper drainage should not divert to her property and she believes the water doesn’t naturally flow toward her property.

Andrew Wiley, Pearl River, thanked the Town Board for purchasing Wyeth property for a drain basin.  This will help with the Cherry Brook flooding.  He spoke on parking, PAC zone, cost of properties and waiving fees.

Mike Mandell, Pearl River, suggested the Town Board to look at parking beneath the Mew’s structure.  He believes there could be appropriate good spaces.

 

RESOLUTION NO.  660                                                     CLOSE PUBLIC COMMENT

 

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

 

RESOLVED, that the public comment portion is hereby closed.

 

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

Supervisor Kleiner

Noes:               None

RESOLUTION NO.  661                                                     THE MEWS AT PEARL RIVER SKYVIEW PLAZA DEVELOPMT (PR THEATER) PAC FLOATING ZONE/OPEN PUBLIC HEARING

 

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

 

RESOLVED, that the public hearing to consider the request for a zone change for Skyview Plaza Development Corporation, The Mews at Pearl River, 21 E Central Avenue, Pearl River (68.16-6-62), from a Community Shopping (CS) Zone District to a Planned Adult Community (PAC) Floating Zone, pursuant to Local Law No. 1, 2004, Subsection 4.6.1 of Chapter 43 of the Town code is hereby opened.

 

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

Supervisor Kleiner

Noes:               None

 

The Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 10-B-05, and made a part of these minutes.

 

The public portion was opened and the following people spoke:

Donald Brenner, Attorney, explained that this public hearing should be rescheduled because abutting property owners were not properly notified and parking issues need to be resolved.

 

RESOLUTION NO.  662                                                     THE MEWS AT PEARL RIVER SKYVIEW PLAZA DEVELOPMT (PR THEATER) PAC FLOATING ZONE/CONTINUED/ADJOURNED

 

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

 

RESOLVED, that the public hearing to consider the request for a zone change for Skyview Plaza Development Corporation, The Mews at Pearl River, 21 E Central Avenue, Pearl River (68.16-6-62), from a Community Shopping (CS) Zone District to a Planned Adult Community (PAC) Floating Zone, pursuant to Local Law No. 1, 2004, Subsection 4.6.1 of Chapter 43 of the Town code is hereby continued and adjourned to November 21, 2005, 8:05 p.m.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  663                                                     2006 PRELIMINARY BUDGET OPEN PUBLIC HEARING

 

 

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

 

RESOLVED, that the public hearing to consider the 2006 Preliminary Budget is hereby opened.

 

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

Supervisor Kleiner

Noes:               None

 

The Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 10-C-05, and made a part of these minutes.

 

Charles Richardson, Director of Finance, explained the October 24, 2005, (a copy is labeled Exhibit 10-C1-05 and made a part of these minutes), changes in the budget reducing the budget to $56.2 million and answered question for the public and Town Board.  The Town Board tried to keep the increase at a minimum recognizing the quality of health and safety.

 

The public portion was opened and the following people spoke:

Lynn Garcia, Sparkill, spoke regarding high taxes and believes town employees should contribute to their benefits. She is also against full-time benefits for the Town Board.

Michael Mandel, Pearl River, thanked the Town Board for the quick action regarding Cherry Brook.  He spoke about the large bond for the sewer system and is against NJ using our sewers.

Arnold Shore, Orangeburg, The Town Board should not have approved full-time benefits for themselves and employees should contribute to health benefits.

Shelly Morgan, Tappan, asked what NJ pays Orangetown for use of sewers?

Eileen Larkin, Palisades, spoke about the contract with cablevision, the construction of the fields and believes employees should contribute to health benefits.

Bob Gundersen, Nyack, is against cuts in Police Department. He believes personnel cuts will cause more overtime.  Officers working specifically in Nyack know the residents, which is a positive influence

Irving Feiner, Nyack, budget meetings are repetitious year after year.  If taxes were levied fairly, taxes would be reduced for the average homeowner.

Hector May, Orangeburg, spoke regarding Homestead & Non-Homestead base proportions and high taxes.  He feels the Town Board needs to reduce expenses and an austerity budget is needed.

Ken Wheeler, Tappan Library Pres., spoke about the library cuts and the library’s future needs.

Bill Hahn, Orangeburg Library Pres., feels the compromise is fair.

Vince Perri, Pearl River, asked for an explanation of the budget regarding golf green fees?

Georgia Lipson, Orangeburg wanted to know if 88 police officers were enough for the safety of the community.

Andrew Wiley, Pearl River, are the libraries paying a fair rental to the Town and nonprofits should not receive town funding.

Watson Morgan, Blauvelt, is against cuts to the libraries, which are a valuable asset to the town.

 

RESOLUTION NO.  664                                                     2006 PRELIMINARY BUDGET CLOSE PUBLIC COMMENT

 

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

 

RESOLVED, that the public portion for the 2006 Preliminary Budget is hereby closed.

 

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

Supervisor Kleiner

Noes:               None

 

RESOLUTION NO.  665                                                     2006 PRELIMINARY BUDGET TOWN BOARD DECISION/ADOPT

 

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

 

RESOLVED, that the Town Board hereby adopts the 2006 Preliminary Budget as the Final Budget for 2006 for the Town of Orangetown.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  666                                                     CHERRY BROOK DRAINAGE PROJECT I/ LEAD AGENCY

 

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

 

Resolution No. 666 – Continued

 

RESOLVED, that the Town Board declares itself Lead Agency for Cherry Brook Drainage Project I.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  667                                                     CHERRY BROOK DRAINAGE PROJECT I/SEQRA DECLARATION

 

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, a copy is labeled Exhibit 10-D-05 and made a part of these minutes, for Cherry Brook Drainage Project I.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  668                                                     WYETH HOLDINGS CORP PURCHASE/LEASE AGREEMT CROOKED HILL RD/CHERRY BROOK DRAINAGE PROJECT I

 

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

 

RESOLVED, that the Supervisor is hereby authorized to sign a purchase and lease agreement (in a form and substance approved by the Office of Town Attorney) with Wyeth Holdings Corporation for 4.7 acres for property located on Crooked Hill Rd designated on Orangetown Tax Map as 68.12-3-21 in the amount of $750,000 for Cherry Brook Drainage Project I.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  669                                                     CHERRY BROOK DRAINAGE PROJECT I/BOND RESOLUTION

 

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

 

RESOLVED, that a bond resolution in the amount of $750,000 to purchase 4.7 acres (designated on Orangetown Tax Maps as 68.12-3-21) from Wyeth Holdings Corporation for Cherry Brook Drainage Project I is hereby authorized, a copy of the Extract of Minutes is labeled Exhibit 10-E-05 and made a part of these minutes.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  670                                                     RE-LICENSING INDIAN POINT 2 AND INDIAN POINT 3/TABLED

 

Councilman Morr offered the following resolution, which was seconded by Councilman O’Donnell and on a roll call was tabled:

 

Resolution No. 670 – Continued

 

RESOLVED, that a motion to table the approval of a memorializing resolution opposing the re-licensing of Indian Point 2 and Indian Point was tabled.

 

Ayes:               Councilpersons Morr, O’Donnell, Troy

Noes:               Councilwoman Manning, Supervisor Kleiner

 

* * *

RESOLUTION NO.  671                                                     SHADYSIDE AVENUE SEWER REPLACEMENT/EXPENDITURE INCREASE/PUBLIC HEARING

 

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

 

RESOLVED, that the public hearing that was set for October 24 for the expenditure of funds for Shadyside Avenue Sewer Replacement in the amount of $395,000 to reflect higher estimated construction costs is hereby rescheduled to November 14, 2005, 8:15 p.m.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  672                                                     COMBINE AGENDA ITEMS

 

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

 

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

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  673                                                     WORKSHOP/RESCHEDULE NOVEMBER 7 AND 9

 

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

 

RESOLVED, that the Town Board workshop November 7 at 8:00 p.m. is hereby rescheduled to November 9 at 8:00 p.m.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  674                                                     DEVELOPERS CAPITAL CONTRIBUTION/PUBLIC PARKING & ESTABLISH OVERNIGHT PARKING/SET PUBLIC HEARING

 

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

 

Resolution No. 674 – Continued

 

RESOLVED, that the date of November 21, 2005, 8:00 p.m. is set for a public hearing to consider a local law requiring capital contribution from developers in hamlet centers to fund public parking and establish a permit system for overnight parking.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  675                                                     POLICE REGULATION/“NO PARKING”/OLD TAPPAN RD

 

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

 

RESOLVED, that the installation of “No Parking” signs on the north side of Old Tappan Road, Tappan, east and west of the entrance to the Manse Barn for a distance of 35 feet is hereby approved.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  676                                                     HOOK LIFT SYSTEM/MODERN MACHINERY/ BID AWARDED

 

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

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for a hook lift system, which were received and publicly opened and read on September 21, 2005.  The Superintendent of Highways made a recommendation to the Town Board; a copy is labeled Exhibit 10-F-05 and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that this bid is hereby awarded to Modern Machinery, Bohemia, NY, the lowest qualified bidder, in the amount of $36,890 to be charged to Account No. H5130042/50200.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  677                                                     PREFORMED PAVEMENT MARKINGS/FLINT TRADING INC. BID AWARDED

 

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

 

WHEREAS, the Superintendent of Highways duly advertised for sealed bids for performed pavement markings, which were received and publicly opened and read aloud on October 5, 2005.  The Superintendent of Highways made a recommendation to the Town Board; a copy is labeled Exhibit 10-G-05 and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, that this bid is hereby awarded to Flint Trading, Inc., the lowest qualified bidder, in amounts as listed on the bid sheet to be charged to Account No. D511004/50457.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  678                                                     CREATION OF SEWER DISTRICT FINAL ORDER ESTABLISHING

 

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

 

RESOLVED, that authorization is granted for the final order establishing the creation of the Town of Orangetown Sewer District, a copy of the Extract of Minutes is labeled Exhibit 10-H-05 and made a part of these minutes.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  679                                                     ESTBLISH SEWER DISTRICT USER CHARGE SYS/SET PUBLIC HEARING

 

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

 

RESOLVED, that November 28, 2005, 8:00 p.m. is set for a public hearing to consider revisions to the Town Code to establish a Sewer District user charge system.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  680                                                     RETAIN ALFRED CAVA SERVICES/TERMINATION OF BENEFITS/FORMER POLICE OFFICER/GML SECT 207C

 

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

 

RESOLVED, that permission is hereby granted to the Town Attorney to designate and retain the services of Alfred Cava to act as the hearing officer in the Matter of the Termination of Benefits Being Paid to a Certain Former Town Police Officer Pursuant to G.M.L. Section 207-c at a cost of $950.00 per day.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  681                                                     CARETAKER AGREEMENTS BLUE HILL/BORST PARK

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings, the Supervisor is hereby authorized to approve the extension of the caretaker agreements at Blue Hill and Borst Park for the period of November 1, 2005 to    October 31, 2006 with a 7% increase

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  682                                                     CARETAKER AGREEMENT THOMAS IACOBELLIS/NIKE PK

 

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

 

RESOLVED, that upon the recommendation of the Superintendent of Parks, Recreation and Buildings, the Supervisor is hereby authorized to approve a Caretaker Agreement between the Town of Orangetown and Thomas Iacobellis for the Nike Park House in Orangeburg, under the same terms and conditions as the previous Caretaker Agreement, effective November 1, 2005 to October 31, 2006 with a 7% increase.

 

RESOLVED FURTHER, that the Supervisor is hereby authorized to execute same.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  683                                                     2005 TURF & GROUNDS EXPO NOV 14-17/STUART SHARPLES

 

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

 

RESOLVED, that permission is hereby granted to Stuart Sharples to attend the New York State Turfgrass Association, 2005 Turf & Grounds Expo in Rochester, NY, November 14-17 2005 at a cost of $436.00 to be charged to Account No. E/7250/0441/0480.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  684                                                     DOWLING GARDENS/WAIVE BUILDING PERMIT/PLANNING BOARD/ACABOR REVIEW FEES

 

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

 

RESOLVED, that any building permit, Planning Board, and ACABOR review fees at an estimated cost of $1,500.00 for Dowling Gardens for installation of a generator are hereby waived.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  685                                                     2005 ELECTION INSPECTORS AND POLLING PLACES

 

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

 

RESOLVED, that upon the recommendation of the Town Clerk, the Election Inspectors and Polling Places for the 2005 Regular Election are hereby approved; a copy is labeled Exhibit 10-I-05 and made a part of these minutes.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  686                                                     ACCEPT MINUTES

 

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

 

RESOLVED, that the Regular Town Board Meeting, Audit Meeting minutes of October 11, 2005, and Special Town Board Meeting, Executive Session minutes of October 17, 2005 are hereby accepted.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO. 687                                                      ADJOURNMENT

 

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

 

RESOLVED, that this Regular Town Board Meeting adjourned at 9:53 p.m.

 

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

Supervisor Kleiner

Noes:               None

 

 

_________________________________

Charlotte Madigan, Town Clerk