June 23, 2008

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING AGENDA

MONDAY, JUNE 23, 2008

7:30 P.M.

DRAFT DRAFT DRAFT

Roll Call: Council Members ( ) M. Manning ( ) D. Troy

( ) N. Low-Hogan ( ) M. Maturo

( ) Supervisor T. Kleiner

Pledge of Allegiance to the Flag:

Public Comment

AGENDA

Town Board

1. Open 8:00 p.m. continuance of the public hearing to consider a proposed local law amending Chapter 43, Article II of the Town Code entitled Zoning Districts, and the Town Zoning Map, to change the zoning district classification for property located at 380 Oak Tree Road, Palisades, NY, bearing Tax Map Designation S/B/L 77.16-1-22 on the Tax Map of the Town from Light-Industrial-Office to R-15 Medium-Density Residence District.

Mot. Sec. Ayes Noes Abst.

(Open)

Public portion:

2. Close Public Portion.

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3. Designation of Lead Agency (5/12 Res #332-Intent to Be Lead Agency)

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4. SEQRA Declaration.

Mot. Sec. Ayes Noes Abst.

5. Town Board decision on the aforementioned.

Mot. Sec. Ayes Noes Abst.

(Adopt/Deny/Reserve)

6. Open 8:15 p.m. the public hearing pursuant to the General Municipal Law Article 18-B, Section 959(a)(iii) to solicit comments regarding the relocation of Casabella Holding LLC located at 400 Corporate Road, Blauvelt, into the Clarkstown Development Zone, which is part of the Rockland Empire Zone's designated area.

Mot. Sec. Ayes Noes Abst.

(Open)

Presentation: Affidavit of publication and notice of posting.

Public portion:

7. Close Public Portion.

Mot. Sec. Ayes Noes Abst.

8. Designation of Lead Agency

Mot. Sec. Ayes Noes Abst.

9. SEQRA Declaration.

Mot. Sec. Ayes Noes Abst.

10. WHEREAS, Casabella Holdings, LLC, a company that has imported and distributed a variety of house wares products from its Town Of Orangetown, Rockland County, facility from 1998 to the present, and

WHEREAS, Casabella Holdings, LLC, employed 54 people in 2008, and

WHEREAS, physical space limitations and other market conditions prevented Casabella Holdings, LLC from remaining at 400 Corporate Drive, Blauvelt, Town of Orangetown, NY beyond 2008, and

WHEREAS, Casabella Holdings, LLC met with economic development officials from the States of New Jersey, Ohio and Texas prior to receiving a proposal to remain in New York State in close proximity to the Town of Orangetown, and

WHEREAS, the Town Board has heard public comments that extraordinary circumstances existed to warrant the relocation of Casabella Holdings, LLC to the Clarkstown Development Zone, which is part of the Rockland Empire Zone's designated area.

NOW THEREFORE be it hereby

RESOLVED, that the Town of Orangetown consents to the relocation of Casabella Holdings, LLC from the Town of Orangetown to the Clarkstown Development Zone, which is part of the Rockland Empire Zone's designated area.

Mot. Sec. Ayes Noes Abst.

(Adopt/Deny/Reserve)

11. Open 8:20 p.m. the public hearing pursuant to the General Municipal Law Article 18-B, Section 959(a)(iii) to solicit comments regarding the relocation of Remains Lighting (“Aestenetonics”) located on Oak Tree Road, Tappan, into the Brooklyn Navy Yard/North Brooklyn Empire Zone.

Mot. Sec. Ayes Noes Abst.

(Open)

Presentation: Affidavit of publication and notice of posting.

Public portion:

12. Close Public Portion.

Mot. Sec. Ayes Noes Abst.

13. Designation of Lead Agency

Mot. Sec. Ayes Noes Abst.

14. SEQRA Declaration.

Mot. Sec. Ayes Noes Abst.

15. WHEREAS, the New York State Empire Zones Program (the "Program") authorizes, under certain qualifying facts and circumstances, the certification of companies for benefits under the Program if located within New York City, but outside the boundaries of the eleven areas designated as the New York City Empire Zone;

WHEREAS, such companies are referred to under the Program as "Regionally Significant Projects" and in order to qualify must meet certain application and qualification requirements, including County and municipal legislative approvals, environmental confirmations, and approvals by New York State Empire State Development Corporation ("ESDC") and this Board;

WHEREAS, Aesthetonics, Inc. is a manufacturer and distributor of lighting fixtures;

WHEREAS, Aesthetonics, Inc. will be located at 21-29 Belvidere Street, Brooklyn, NY and plans to create over 60 full-time equivalent positions over the next 5 years and projects a total investment of $4.3 million;

WHEREAS, this board and the Brooklyn Navy Yard/North Brooklyn Empire Zone staff have reviewed the operations and plans of Aesthetonics, Inc. and have concluded that it meets all of the requirements for the Program and that the expansion and increased employment at Aestheotonics, Inc. would be in the best interest of the Brooklyn Navy Yard/North Brooklyn Empire Zone and the local community;

NOW, THEREFORE, be it hereby resolved that the Application of Aesthetonics, Inc. as a Regionally Significant Project be continued and pursued through all necessary and appropriate requirements and phases, in coordination with all necessary governmental entities in order to qualify Aesthetonics, Inc. as a Regionally Significant Project and to include within the acreage of the Brooklyn Navy Yard/North Brooklyn Empire Zone is that property located at 21-29 Belvidere Street, Brooklyn, NY, it being expressly acknowledged and understood that the final determination and certificates of Aesthetonics, Inc. as a Regionally Significant Project shall be made by this Board at a subsequent meeting following completion of all such action.

Mot. Sec. Ayes Noes Abst.

(Adopt/Deny/Reserve)

16. Reschedule from June 23 to July 21, 2008, 8:15 p.m. the public hearing to consider demapping a portion of First Street, between Carroll Street and Crooked Hill Road, Pearl River, NY.

Mot. Sec. Ayes Noes Abst.

17. Reappoint the following members to the Town Youth Recreation Assessment Advisory Committee: Jeff McNichol, Robert Iorio, Terry O'Keeffe, Conrad Fitzpatrick

and appoint the following new members: Tom Morr, Neil Lynady, Stephen Unger.

Mot. Sec. Ayes Noes Abst.

18. Reschedule the Town Board workshop and regular Town Board meeting from August 11 and 18th respectively to August 4 and 11th.

Mot. Sec. Ayes Noes Abst.

19. Approve the Environmental Committee's recommendation that the Town of Orangetown join The International Council for Local Environmental Initiatives (ICLEI) with the annual membership fee not to exceed $600, to be charged to Account No. ____________________.

Mot. Sec. Ayes Noes Abst.

20. Set a public hearing date of September 9, 2008, 8:00 p.m. and circulate to appropriate agencies, a petition to consider a zone change from MFR district to an RG district for property located at 283 N. Middletown Road, Pearl River (68.12-3-24).

Mot. Sec. Ayes Noes Abst.

DEME

21. Authorize DEME Director Ronald C. Delo to attend the 81st Annual Water Environment Federal Technical Exhibition and Conference, October 18-22, 2008, in Chicago, IL at a cost of $2,625.00 to be charged to Acct. No.

Mot. Sec. Ayes Noes Abst.

Finance

22. Approve budget transfers for CSEA agreement and other adjustments.

Mot. Sec. Ayes Noes Abst.

Parks

23. Upon the recommendation of the Superintendent of Parks and Recreation, reject the bid for resurfacing of asphalt recreational facilities, and re-bid the project.

Mot. Sec. Ayes Noes Abst.

Personnel

24. Appoint employee, John Orfini, to the position of Assistance Maintenance Mechanic in the Department of Environmental Management & Engineering, permanent with a mandatory six month probationary period, grade 11-5, annual salary $56,217.00, effective June 24, 2008.

Mot. Sec. Ayes Noes Abst.

25. Appoint provisional employee, Paul Witte, to permanent from Eligible List No. 08131, in the title of Code Enforcement III, effective June 24, 2008. (no change in salary or grade)

Mot. Sec. Ayes Noes Abst.

26. Appoint Hugh J. Davies to the position of Real Property Data Collector I in the Assessors Office, provisional, grade 4-1, annual salary of $33,750., effective June 25, 2008.

Mot. Sec. Ayes Noes Abst.

Receiver

27. Declare the following equipment surplus to the Town's needs: HP printer, Deskjet 960C, serial number MY24910R1.

Mot. Sec. Ayes Noes Abst.

Town Attorney

28. Pursuant to Chapter 526, Section 7 of the Lawns of New York (the "Rockland County Police Act"), establish rules and regulations for the examination and hearing of charges made or preferred against any member of the Town of Orangetown Police Department:

1. Any member against whom charges are made or preferred shall have the right to a public hearing and trial and to be represented by counsel. Any such member and/or his or her representative must provide not less than seven (7) days prior notice to the Town Board of the Town of Orangetown (the "Town Board") of such request for a public hearing;

2. No person who shall have made or preferred charges shall sit as a judge at such hearing and trial;

3. The burden of proof in any such hearing and trial shall fall upon the Town Board, or the entity or person designated by the Town Board to make or prefer charges (the "Charging Party");

4. The technical rules of evidence shall not be applicable at such hearing and trial;

5. The Charging Party shall have the right to call witnesses and offer evidence into the Record.

6. The member and/or his/her chosen representative shall have the right in such a hearing and trial to call witnesses and to cross-examine witnesses called by the Charging Party. The member and/or his/her representative is solely responsible for producing witnesses to testify on his/her behalf. The member and/or his/her representative is required to subpoena any witnesses unwilling to voluntarily appear as a witness at the hearing of such charges. The member and/or his/her chosen representative is required to comply with the applicable provisions of the New York Civil Practices Rules and Laws concerning service of subpoenas and appropriate subpoena fees.

7. The Charging Party shall have the right to cross-examine witnesses called by or on behalf of the member.

8. Either party (the member or the Charging party) wishing a transcript at a hearing and trial may provide for one, at its own expense.

9. The Charging Party shall be required to provide a transcript of the hearing and trial to the hearing officer and/or Town Board.

These rules and regulations shall be applicable to all disciplinary charges presently pending at the time this Resolution is adopted, and all disciplinary charges made or preferred thereafter.

Mot. Sec. Ayes Noes Abst.

29. Adopt the Final Scoping Document pursuant to Section 617.7 of the SEQRA Regulation prepared by Saccardi and Schiff, Inc. in connection with the Rockland Psychiatric Center Rezoning and Redevelopment and authorize the preparation of a Draft Environmental Impact Statement ("DEIS")

Mot. Sec. Ayes Noes Abst.

30. Upon the recommendation and approval of the Town Attorney's Office, authorize the Town Supervisor to sign the Extension of License Agreement for use of the Town of Ramapo Police Firing Range for the calendar year 2008 at no cost to the Town of Orangetown.

Mot. Sec. Ayes Noes Abst.

Town Clerk

31. Accept the June 9, 2008 Regular Town Board Meeting, Audit Meeting and Executive Session minutes.

Mot. Sec. Ayes Noes Abst.

32. Rescind Resolution No. 570/07, appointing Helen Chee to the position of Senior Clerk Typist in the Town Clerk's Office.

Mot. Sec. Ayes Noes Abst.

33. Receive and file in the Town Clerk's Office, the original Easement Agreement between the Town of Orangetown and Orange and Rockland Utilities for property located on Woodland Terrance, Orangeburg (74.13-2-10) and Henry Street, Orangeburg (74.13-3-1), which were recorded in the Rockland County Clerk's Office (Instrument No. 2008-00019055).

Mot. Sec. Ayes Noes Abst.

34. Receive and file in the Town Clerk's Office, the fully executed copy of the Letter of Extension Agreement between the Noble Ninth, Inc. and the Town of Orangetown for the Orangetown Summer Day Camp.

Mot. Sec. Ayes Noes Abst.

35. Receive and file in the Town Clerk's Office, the original deeds for road dedications and easements in the Nottingham Estates Subdivision, PFC Dorsey Court and Friar Tuck Court, Orangeburg (69.08-1-4), which recorded in the Rockland County Clerk's Office (Instrument No. 2008-00011376).

Mot. Sec. Ayes Noes Abst.

36. Receive and file in the Town Clerk's Office, Justice Court Statement of Cash Receipts, Cash Disbursements and Cash Balances with an independent auditor's report for the year ended December 31, 2007.

Mot. Sec. Ayes Noes Abst.

37. Receive and file in the Town Clerk's Office, the letter from Joseph P. DeStaefano of Stevens 112 Ford wherein he states that his company is unable to provide the Town with the contract that was awarded to them for two (2) new pick up trucks.

Mot. Sec. Ayes Noes Abst.

Police

38. Upon the recommendation of the Chief of Police and per certification from the Rockland County Department of Personnel, create two positions titled, “Police Officer/Spanish Speaking” in the Town of Orangetown.

Mot. Sec. Ayes Noes Abst.

Mot. Sec. Ayes Noes Abst.

Town Board

40. Accept the proposal from Adler Consulting in the amount of $7,900 for the design of a traffic light to be installed at the intersection of Veterans Memorial Highway, Hunt Road and Old Orangeburg Road with the cost to be reimbursed by STEJ.

Mot. Sec. Ayes Noes Abst.

Town Attorney

41. Upon the recommendation of the Town Attorney and the Assessor, retain Valuation Plus, Inc., of Mamaroneck, NY to prepare a preliminary and trial appraisal, if necessary, for the real property known as Manhattan Woods Enterprises LLC, S/B/L 69.06-2-24;; S/B/L/ 64.18-2-75; S/B/L 69.11-1-1; at a cost of $6,000 for the pre-preliminary report, $8,500.00 for the preliminary appraisal, and $15,000 for the trial appraisal toward which trial appraisal sixty (60) percent of the cost of the preliminary appraisal will be applied; trial preparation to be charged at the rate of $125 per hour and trial testimony at the rate of $700 per ½ day and $1,200 per full day.

Mot. Sec. Ayes Noes Abst.

42. Upon the recommendation of the Town Attorney and the Chief of Police, approve an Intermunicipal Agreement, as modified, between the Town and the County of Rockland, providing for partial reimbursement by the County in the amount of SEVENTY THREE THOUSAND NINE HUNDRED TWENTY DOLLARS ($73,920.00) of the compensation costs of one Town Police Officer for services rendered to the Rockland County Intelligence Center for and during the period January 1, 2008 through December 31, 2008, and authorizing the Town Supervisor to execute such agreement on behalf of the Town.

Mot. Sec. Ayes Noes Abst.

43. Upon the recommendation of the Town Attorney and the Chief of Police, approve an Intermunicipal Agreement between the Town and the County of Rockland, providing for partial reimbursement by the County to the Town in the amount of EIGHT THOUSAND NINETY SIX DOLLARS ($8,096.00) for video equipment to be used in the Police Department interview room, and authorizing the Town Supervisor to execute such agreement on behalf of the Town.

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New Business

Adjournment

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