Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

MONDAY, MAY 9, 2005

 

The 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

 

Charles Richardson, Director of Finance

Suzanne Barclay, Exec Asst. to Supervisor

Teresa M. Kenny, Town Attorney

John S. Edwards, First Deputy Town Attorney

Robert Magrino, Deputy Town Attorney

Dennis Michaels, Deputy Town Attorney

James Dean, Superintendent of Highways

Ron Delo, Director of Dept. Environmental Mgt. & Eng.

Robert Simon, Receiver of Taxes

Mary McCloskey, Assessor’s Office

John Giardello, Director, OBZPAE

Rich Rose, Superintendent of Parks, Recreation and Buildings

Michael Bettman, Fire Safety Inspector, Fire Prev. Bur.

 

DRAFT

* * *

	DRAFT

 

 

DRAFT

DRAFT

DRAFT

The Pledge of Allegiance to the Flag was led by the Town Board.

 

* * *

Public Comment

Ellen McCarty, Tappan, spoke regarding the retaining wall on her property and asked if any money left in escrow could be used for plantings on her side of the wall?

Andrew Wiley, Pearl River, questioned why the Town Board is forming a CDA, which may cause a need for an application in the future.  He is against a Special Permit for the site south of Lowes’.

Shelly Morgan, Tappan, said the Community Advisory Committee should be inclusive of all towns.

 

* * *

RESOLUTION NO.  327                                                     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.  328                                                     ALARM SYSTEMS/CHAPTER 1C SECT 1C-6/PH TO AMEND/OPEN

 

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

 

RESOLVED, that the public hearing to amend Chapter 1C-Section 1C-6 of the Town Code of the Town of Orangetown entitled “Alarm Systems” adding thereto as follows is hereby opened:

Resolution No. 328 – Continued

 

Section 1C-6 Suspension or revocation of alarm user permits

 

1. Any person that causes a false alarm at a residential or commercial premise that utilizes an alarm system shall constitute a violation of this section whether or not said person is the owner of the premises or has an alarm user permit.

 

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

Supervisor Kleiner

Noes:               None

 

Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Postings; copies are labeled Exhibit 5-A-05, and made a part of these minutes.

 

Mike Bettman, Fire Safety Inspector, and Robert Magrino, Deputy Town Attorney, answered questions explaining the number of violations and the change in the law.

 

The public comment portion was opened and there were no public comments.

 

RESOLUTION NO.  329                                                     ALARM SYSTEMS/CHAPTER 1C SECT 1C-6/PH TO AMEND/CLOSE

 

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

 

RESOLVED, that this public hearing is hereby closed.

 

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

Supervisor Kleiner

Noes:               None

 

RESOLUTION NO.  330                                                     ALARM SYSTEMS/CHAPTER 1C SECT 1C-6/TOWN BOARD/ADOPT

 

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

 

RESOLVED, that a local law to amend Chapter 1C-Section 1C-6 of the Town Code of the Town of Orangetown entitled “Alarm Systems” adding thereto as follows is hereby adopted:

 

Section 1C-6 Suspension or revocation of alarm user permits

 

1. Any person that causes a false alarm at a residential or commercial premise that utilizes an alarm system shall constitute a violation of this section whether or not said person is the owner of the premises or has an alarm user permit.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 331                                                      POLICE REGULATION/VEHICLES & TRAFFIC/CHAPTER 39 SECT 39-6/PH TO AMEND/OPEN

 

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

 

RESOLVED, that the public hearing to amend Chapter 39, Section 39-6, A of the Town Code of the Town of Orangetown entitled “Vehicles and Traffic” as approved by Town Board Resolution 695 of 2004 by adding as follows is hereby opened:

 

Resolution No. 331 – Continued

 

• Prohibition of parking on designated highways.

 

1. In the Hamlet of Orangeburg:

 

(36) On the north side of Hunt Road along its entire length, except off-pavement parking shall be allowed beginning at a point 650’ west of the intersection of Blaisdell Road then continuing westerly for a distance of 1,135’.

 

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

Supervisor Kleiner

Noes:               None

 

Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Postings; copies are labeled Exhibit 5-B-05, and made a part of these minutes.

 

The reason for this change is to accommodate parking while addressing safety.

 

The public comment portion was opened and there were no public comments.

 

RESOLUTION NO.  332                                                     POLICE REGULATION/VEHICLES & TRAFFIC/CHAPTER 39 SECT 39-6/PH TO AMEND/CLOSE

 

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, Troy, Morr

Supervisor Kleiner

Noes:               None

 

RESOLUTION NO.  333                                                     POLICE REGULATION/VEHICLES & TRAFFIC/CHAPTER 39 SECT 39-6 TOWN BOARD/ADOPT

 

Councilman Morr offered the following resolution, which was seconded by Councilwoman Manning and on a roll call was adopted:

 

RESOLVED, that a local law to amend Chapter 39, Section 39-6, A of the Town Code of the Town of Orangetown entitled “Vehicles and Traffic” as approved by Town Board Resolution 695 of 2004 by adding as follows is hereby adopted:

 

• Prohibition of parking on designated highways.

 

1. In the Hamlet of Orangeburg:

 

(36) On the north side of Hunt Road along its entire length, except off-pavement parking shall be allowed beginning at a point 650’ west of the intersection of Blaisdell Road then continuing westerly for a distance of 1,135’.

 

Ayes:               Councilpersons Morr, Manning, Troy, Supervisor Kleiner

Noes:               Councilperson O’Donnell

 

* * *

RESOLUTION NO.  334                                                     VEHICLES & TRAFFIC/CHAPTER 39 SECT 39-6/PH TO AMEND/OPEN

 

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

Resolution No.  334 – Continued

 

RESOLVED, that the public hearing to amend Chapter 39, Section 39-6, A of the Town Code of the Town of Orangetown entitled “Vehicles and Traffic” as approved by Town Board Resolution 696 of 2004 by adding as follows is hereby opened:

 

• Prohibition of parking on designated highways.

 

1. In the Hamlet of Blauvelt:

 

(6)  On the north side of Blauvelt Road, between Parkway Drive North and Van Wyck Road, except between Bluefields Lane and Theodore Roosevelt Drive where off-pavement parking shall be allowed.

 

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

Supervisor Kleiner

Noes:               None

 

Charlotte Madigan, Town Clerk, presented the Affidavit of Publication and the Notice of Postings; copies are labeled Exhibit 5-C-05, and made a part of these minutes.

 

Public Comment

Watson Morgan, Blauvelt, suggested since the Town will be parking on the shoulder, perhaps the grading could be improved.

 

RESOLUTION NO.  335                                                     POLICE REGULATION/VEHICLES & TRAFFIC/CHAPTER 39 SECT 39-6   PH TO AMEND/CLOSE

 

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

 

RESOLVED, that this public hearing is hereby closed.

 

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

Supervisor Kleiner

Noes:               None

 

RESOLUTION NO.  336                                                     POLICE REGULATION/VEHICLES & TRAFFIC/CHAPTER 39 SECT 39-6 TOWN BOARD/ADOPT

 

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

 

RESOLVED, that a local law to amend Chapter 39, Section 39-6, A of the Town Code of the Town of Orangetown entitled “Vehicles and Traffic” as approved by Town Board Resolution 696 of 2004 by adding as follows is hereby adopted:

 

• Prohibition of parking on designated highways.

 

1. In the Hamlet of Blauvelt:

 

(6)  On the north side of Blauvelt Road, between Parkway Drive North and Van Wyck Road, except between Bluefields Lane and Theodore Roosevelt Drive where off-pavement parking shall be allowed.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  337                                                     LI ZONE DISTRICT/MIX USES

                                                                                                INTENT/LEAD AGENCY/SITE ADJACENT TO LOWES

 

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

 

RESOLVED, that Town Board reviews the EAF and declares its intent to become Lead Agency for the LI Zone District and an amendment to allow mix uses and special permit for site south of Lowes (74.15-1-21).

 

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

Supervisor Kleiner

Noes:               None

 

* * *

 

RESOLUTION NO.  338                                                     RPC/COMMUNITY ADVISORY COMMITTEE (CDA)/ADOPTED

 

Councilman Morr made a motion, which was seconded by Councilman Troy to reduce the number of organizations by eliminating, STAC/Colleges, Rockland County Planning, Nyack Chamber, and Pearl River Rotary and combining Open Space and OPDAC and adding Building Trades Union.

 

RESOLVED, that the following organizations or constituencies and representatives are appointed to the Community Advisory Committee.

 

Open Space Committee/OPDAC                               Catherine Dodge

Rockland Psychiatric Center                                      James Bopp

Senior Clubs                                                                Phoebe Colwell

Pearl River School District                                         Quinton Van Wyden

South Orangetown Central School District                Dr. Joseph Zambito

Emergency services                                                     Richard McGrath

Volunteer Architect                                                    Joseph L Tonetti and/or Jan Degenshein        Pearl River Chamber                                                          Kate Raffa

REDC /RBA                                                               James B Tully and/or Al Samules

Building Trades Union                                               John Maria

 

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

Supervisor Kleiner

Noes:               None

 

* * *

RESOLUTION NO.  339                                                     RPC/COMMUNITY ADVISORY COMMITTEE (CDA)/FAILED

 

Supervisor Kleiner offered the following resolution, which was seconded by Councilwoman Manning and on a roll call failed to be adopted::

 

RESOLVED, that Larry Vale representing Open Space and Arlene Miller representing the Rockland County Planning Department be added representatives on the Community Advisory Committee.

 

Ayes:               Supervisor Kleiner, Councilwoman Manning

Noes:               Councilpersons Morr, O’Donnell, Troy

 

 

Supervisor Kleiner stated for the record his disappointment in eliminating Larry Vale’s and Arlene Miller’s expertise from the Community Advisory Committee.

 

 

RESOLUTION NO.  340                                                     COMBINE AGENDA ITEMS

 

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

 

RESOLVED, that agenda items twelve (12) through twenty-six (26) are hereby combined.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  341                                                     NY WATER ENVIRONMENT ASSOC TECHNICAL CONFERENCE/RON DELO/PERMISSION GRANTED

 

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

 

RESOLVED, that permission is granted to DEME Director Ronald C. Delo to attend the New York Water Environment Association’s Spring Technical Conference and Exhibition from June 5-8, 2005 in Grand Island, NY at a cost of $1,150 to be charged to #A1440/50441.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  342                                                     BID/ POLYMER FOR BELT PRESS DEWATERING/RESCIND RESOLUTION NO. 735/05/RE-AWARD

 

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

 

RESOLVED, that Resolution No. 735, which awarded the bid for the purchase of polymer for belt press dewatering to Atlantic Coast Polymers, Inc. is hereby rescinded and award this bid to Slack Chemical of Carthage, NY, in the amount of $11.51 per gallon to be charged to Account No. G8130/50449.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  343                                                     BIRCH ST/PEARL RIVER/FIRE HYDRANT APPROVAL

 

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

 

RESOLVED, that upon the recommendation of the Pearl River Fire Department and the Town of Orangetown Fire Inspector, the installation of one fire hydrant, at the end of Birch Street approximately 530’ south of existing hydrant No. 5-273 is hereby approved.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

 

 

RESOLUTION NO.  344                                                     MICHAEL A CARAVELLA/GREENS KEEPER/PERMANENT

 

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

 

RESOLVED, that provisional employee, Michael A. Caravella, is hereby appointed to the position of greens keeper, permanent, from Eligible List #05009, effective May 3, 2005.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  345                                                     CHRISTIN CAFARELLO/POLICE MATRON PART TIME

 

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

 

RESOLVED, that Christin Cafarello is hereby appointed to the position of police matron (pt) at an hourly rate of $25.00 effective May 10, 2005.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  346                                                     FRANK ALLEGO/GROUNDS WORKER/PARKS/RECREATION

 

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

 

RESOLVED, that Frank Allegro, Grounds worker Parks & Recreation, is hereby appointed to the position of Grounds worker at Blue Hill, no grade or salary change, effective Monday,     May 16, 2005.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  347                                                     POLICE COMPUTER MAINTENANCE CONTRACT

 

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

 

RESOLVED, that the Police computer maintenance contract at the base rate of $51.00 per hour with Dynex Solutions of New York, NY, the lowest of three quotes received is hereby approved.

 

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

Supervisor Kleiner

Noes:               None

 

* * *

 

 

 

 

 

RESOLUTION NO.  348                                                     CERTIFICATE OF REGISTRATION/SEWER WORK

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney and the Director of the Department of Environmental Management and Engineering, a Certificate of Registration (Sewer Work) for 2005 is approved for MRJ Excavating, Inc., 7 Beaver Court, New City, NY.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  349                                                     METROPOLITAN TRANSIT AUTHORITY (MTA)/RAILROAD PLACE/PEARL RIVER/PHASE II

 

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

 

RESOLVED, that pursuant to the agreement between the Town and the Metropolitan Transit Authority (MTA) executed by the Town Supervisor on October 27, 1998 as authorized by Town Board Resolutions 98-200 and 98-726, the Town Supervisor is authorized to execute a “proceed” agreement with Metro-North authorizing the Town Highway Department to proceed with Phase II of improvements to the area known as Railroad Place in Pearl River, NY, for the purpose of providing public commuter parking, the estimated cost of which ($38,358.84) is to be reimbursed by the MTA pursuant to the original agreement with expenses to be charged to H898974/50300 and revenues recorded in H027700/42770.

 

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

Supervisor Kleiner

Noes:               None

 

* * *

 

RESOLUTION NO.  350                                                     MAIER REALTY COMPANY  SETTLEMENT TAX CERTIORARI

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the South Orangetown School District, settlement of the tax certiorari proceeding known as Maier Realty Company, Inc. v. South Orangetown School District, The Assessor of the Town of Orangetown, Treasurer of Rockland County, New York and

The Board of Assessment Review for the Town of Orangetown, Tax Map No. 70.15, Block 1, Lot 48,

for 2000, from $367,000 to $320,000 for a refund by the Town of $579.85; and for 2001, from $367,000 to $320,000 for a refund by the Town of $612.31; and for 2002, from $367,000 to $320,000 for a refund by the Town of $608.01.  Interest on the Town’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, is served on the Town is hereby approved.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  351                                                     PAR BUILDERS, INC/MASSIS PARSEGHIA ET  AL/ TAX CERTIORARI SETTLEMENT

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney’s Office and the Assessor, and upon prior approval of the Nyack Central School District, settlement of the tax certiorari proceeding known as, PAR Builders, Inc. Massis Parseghia et al. v. The Assessor, The Board of Assessors and the Board of Assessment Review of the Town of Orangetown and the Town of Orangetown Tax Map No. 65.36-1-51, for 2001, from $2,200,000 to $1,761,800 for a refund by the Town of $4,219.00; and for 2002, from $2,200,000 to $1,668,000 for a refund by the Town of $5,096.00;  2003, from $2,200,000 to $1,584,700 for a refund by the Town of $6,635.00; and for 2004 from $2,200,00 to $1,495,200 for a refund by the Town of $7,731.00.  Interest on the Town’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, is served on the Town is hereby approved.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  352                                                     G & G HOLDINGS SUBDIVISION PERFORMANCE BOND/ACCEPT RECEIVE/FILE/DEPOSITED

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney’s Office, Director of the Department of Environmental Management and Engineering and the Superintendent of Highways, Subdivision Performance Bond in the sum of $28,902.00 from G & G Holdings, LLC, as “Principal”, in favor of the Town of Orangetown, as “Obligee”, in connection with a certain subdivision known as the “G & G Holdings Subdivision”, Section 71.09, Block 1, Lots 2.1 and 2.2, commonly known as 1098 Route 9W, Upper Grandview (PB#02-50, PB#04-102) is accepted, received and filed in the Town Clerk’s Office, and which said Performance Bond is collateralized by a Cashier’s Check No. 0027702618 from the Principal dated May 4, 2005, issued by JP Morgan Chase Bank and made payable to the order of the Town of Orangetown, which the Director of Finance is hereby authorized to deposit the original said check in a segregated Town Bank account.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

 

RESOLUTION NO.  353                                                     ACCEPT MINUTES

 

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

 

RESOLVED, that the Regular Town Board Meeting and Audit Meeting minutes of    April 25, 2005 and Executive Session minutes of May 2, 2005 are hereby accepted.

 

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

Supervisor Kleiner

Noes:               None

* * *

 

RESOLUTION NO.  354                                                     CERTIFICATE OF TITLE AND OWNER’S POLICY OF TITLE INSURANCE/O’RIORDAN SUBDV RECEIVED/FILED

 

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

 

RESOLVED, that the original Certificate of Title and Owner’s Policy of Title Insurance with respect to road widening strip for the O’Riordan Subdivision, 65 Campbell Avenue, Tappan, Section 77.11, Block 2, Lot 81 is received and filed in the Town Clerk’s Office.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO.  355                                                     2005 HIGHWAY SCHOOL PERMISSION GRANTED

 

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

 

RESOLVED, that permission is granted to James Dean, Stephen Munno, Mike Yannazzone and Bill Bodenstab to attend the 2005 Highway School, Ithaca, NY, June 5-8, 2005 at a cost of $1,454.00 to be charged to Account No. A5010/50441/50480.

 

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

Supervisor Kleiner

Noes:               None

* * *

RESOLUTION NO. 356                                                      ADJOURNMENT/MEMORY

 

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

 

RESOLVED, that this meeting hereby adjourned at 9:10 p.m. in memory of Helen Vilbig, Blauvelt, Ann Conklin, Blauvelt and Ruth Rothman, Blauvelt.

 

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

Supervisor Kleiner

Noes:               None

 

 

 

_________________________________

                                                                         Charlotte Madigan, Town Clerk