Meeting Overview

TOWN OF ORANGETOWN                                                                                                 REGULAR TOWN BOARD MEETING                                                                           TUESDAY, OCTOBER 22, 2013

This Town Board Meeting was opened at 7:45 p.m.  Supervisor Stewart presided and the Town Clerk called the Roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Thomas Morr

Councilman Paul Valentine

 

Also present:               Charlotte Madigan, Town Clerk

John Edwards, Town Attorney

Teresa Kenny, First Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Joseph Moran, Commissioner of DEME

Robert Simon, Receiver of Taxes

John Giardiello, Director of OBZPAE

Allan Ryff, Deputy Supervisor

 

 

Charlotte Madigan led the Pledge of Allegiance to the Flag.

 

 

Summary of Public Comments:

Laurie Peek, Tappan, is in favor of site mulching and composting of leaves.

Habib Hasan, Pearl River, said the taxpayers should not be paying for any State mandates.

Somnath Kouduru, Tappan, is concerned about high taxes and he is happy with the 1.9% increase.

Eileen Larkin, Palisades, said leaf pick up is a great service provided by our Highway Dept.  She

is concerned that mulching will become mandatory and that it is a burden on taxpayers, especially seniors.

Kimberley Curti, Curti’s Landscaping, spoke about mulching of leaves.

Jo-Ann Coffey-Fasulo, Pearl River, wants the Orangetown Highway Dept. to continue to pick up leaves.  She is against reducing services to balance the budget or to lower taxes.

Bill McDowell, Nyack Ambulance Corp, is glad to report that they are able to cut their paramedic costs over the next four years.  The paramedic costs will be equally split between Orangetown and Clarkstown.

Joan Madden, President of the Senior “B” Club, spoke about a mini bus service for seniors.  She asked for help with this service.

JoAnne Pederson, Palisades and a member of Sparkill Creek Alliance, is in favor of leaf mulching on site.

Mike Mandel, Pearl River, suggested having the landscapers pick up the leaves and remove them from site.  He again asked for a cost analysis regarding the elimination of the Office of the Receiver of Taxes.

 

RESOLUTION NO. 464                                  CLOSE PUBLIC COMMENTS

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

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:   Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:   None

 

***

RESOLUTION NO. 465                                          OPEN PH /PROPOSED LOCAL LAW  PROPERTY TAX CAP OVERRIDE FISCAL YEAR 2014

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that the 8:00 p.m. public hearing to hear public comments to consider a proposed Local Law amending the Town Code of the Town of Orangetown, Chapter 34, entitled “Taxation”, by adding a new Article VIII, entitled “Property Tax Cap Override-Fiscal Year 2014” is hereby opened.

 

Ayes:   Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:   None

 

The Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 10-A-13 and made a part of these minutes.

This proposed local law gives the Town Board the option to override the 2% tax cap limit and to adopt a budget that requires a tax increase over the tax cap limit.

 

Summary of Public Comments:

Jo-Ann Coffey-Fasulo, Pearl River, is against overriding the 2% tax cap limit.  She said Rockland is the third highest taxed County and government should be run as a business.

Mike Mandel, Pearl River, is against this local law.  He spoke about how higher taxes discourage new business and new businesses mean lower taxes.  He asked about the college charge-backs, spending cuts and a hiring freeze.

Eileen Larkin, Palisades, asked if the 2014 budget included any additional OBAMA health care costs. Her suggestions to lower taxes included a sales tax law be created for online purchases, raise fees, not to create new departments and only hire to replace employees who have retired.

Habib Hasan, Pearl River, has no understanding why the Governor implemented a 2% tax limit.

Somnath Kouduru, Tappan, is against overriding the tax cap limit. He recommended allowing large companies and big box stores in Orangetown, raise revenue, and outsource both golf courses.

 

 

RESOLUTION NO. 466                                          CLOSE PH/ PROPOSED LOCAL LAW PROPERTY TAX CAP OVERRIDE FISCAL YEAR 2014

 

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

 

RESOLVED, that the public comments portion is hereby closed.

 

Ayes:   Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 467                                          TOWN BOARD/LEAD AGENCY PROPERTY TAX CAP OVERRIDE FISCAL YEAR 2014

 

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

 

RESOLVED, that the Town Board hereby declares itself to be Lead Agency for review under SEQRA, relating to the adoption of a Local Law overriding the Tax Levy Cap for FY 2014.

 

Ayes:   Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:   None

RESOLUTION NO. 468                                          SEQRA DECLARATION/PROPERTY TAX CAP OVERRIDE/FISCAL YR 2014

 

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

 

WHEREAS, the Town Board has assumed the status of Lead Agency for environmental review in connection with the adoption of a Local Law relating to the override of the Tax Levy Limit provided at § 3-c of the  N.Y.S General Municipal Law; and

 

WHEREAS, the Town Board has reviewed and approved the Short Environmental Assessment Form prepared and filed in connection with the proposed action; and

 

WHEREAS, the Town Board is familiar with the reasons why, in its collective judgment, the Town is required to exceed the Tax Levy Limit for Fiscal Year 2014;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board, acting in its capacity as Lead Agency under the N.Y.S. Environmental Quality Review Act, determines and declares that the proposed action consisting of the adoption of a Local Law authorizing the override of the limit on the amount of real property taxes that may be levied by the Town of Orangetown pursuant to General Municipal law § 3-c, thereby allowing the Town to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the “tax levy limit” will not have a significant adverse environmental impact, and authorizes the Supervisor to execute a Determination of Non-significance in the form attached.

 

Ayes:   Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:   None

***

 

STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)

NEGATIVE DECLARATION

NOTICE OF DETERMINATION OF NON-SIGNIFICANCE

 

DATE:                                    October 22, 2013

 

LEAD AGENCY:      The Town Board of the Town of Orangetown

Orangetown Town Hall

26 Orangeburg Road

Orangeburg NY 10962

 

 

This Notice is issued pursuant to Part 617 of the implementing regulations of Article 8 (SEQRA) of the Environmental Conservation Law.

 

The Lead Agency has determined that the proposed action described below will not have a significant effect on the environment.

 

TITLE OF ACTION:

Local Law, authorizing the override of the Tax Levy Limit provided at General Municipal Law § 3-C for Fiscal Year 2014.

 

SEQRA STATUS:

Unlisted Action

 

DESCRIPTION OF ACTION:

The proposed action consists of the adoption of a Local Law, overriding the limit on the amount of real property taxes that may be levied by the Town of Orangetown pursuant to General Municipal law § 3-c, thereby allowing the Town to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

 

REASONS SUPPORTING THIS DETERMINATION:

Among other reasons, the override is made necessary by the proposed charge back to the Town of various expenses formerly paid by the County of Rockland, as well as by the resolution of certain real property tax certiorari proceedings, and the payment of refunds and the loss of assessment associated therewith.

 

In addition, the Town recently concluded labor negotiations with both unions, resulting in a multi-year contracts that include wage increases slightly in excess of 2% for fiscal 2014.

 

As a result of the aforesaid, the Town tax levy “may” exceed the 2% cap, and, therefore, as a matter of prudent government, it is in the Town’s interest to override the tax levy cap, so as to avoid the consequences of exceeding the levy cap where there is no override.

 

___________________________

 

Based on the aforesaid, the Town Board determines that there will be no significant adverse environmental impact as a result of the proposed action.

 

 

RESOLUTION NO. 469                                          FAILED/PROPOSED LOCAL LAW PROPERTY TAX CAP OVERRIDE FISCAL YEAR 2014

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and on a roll call FAILED:

 

RESOLVED, that the Town Board hereby adopts a Local Law, amending Town Code, Chapter 34, Article VIII, entitled “Tax Levy Limit Override”, approving the override of the 2% Tax Levy Cap, as set forth in General Municipal Law § 3-c for Fiscal Year 2014.

 

Ayes:   Councilman Valentine

Supervisor Stewart

Noes:   Councilpersons Troy, Diviny, Morr

***

(PROPOSED LOCAL LAW TEXT)

AUTHORIZING THE OVERRIDE OF THE TAX LEVY LIMIT PROVIDED AT GENERAL MUNICIPAL LAW

• 3-C FOR FISCAL YEAR 2014

 

            Be it enacted by the Town Board of the Town of Orangetown, as follows:

 

Section 1:        Chapter 34, Article VIII, of the Town Code of the Town of Orangetown, entitled “Taxation”, is hereby amended to add Sections 34-39 through 34-42, inclusive, which shall read as follows:

 

ARTICLE VIII

Tax Levy Limit Override – Fiscal Year 2014

 

• 34-39 Legislative Intent.

 

It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Orangetown pursuant to General Municipal Law § 3-c, and to allow the Town Board of the Town of Orangetown to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

 

Among other reasons, the override is made necessary by the proposed charge back to the Town of various expenses formerly paid by the County of Rockland, as well as by the resolution of certain real property tax certiorari proceedings, and the payment of refunds and the loss of assessment associated therewith.

 

• 34-40 Authority.

 

      This Local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board.

 

• 34-41 Tax Levy Limit Override.

 

      The Town Board of the Town of Orangetown, County of Rockland, is hereby authorized to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the amount otherwise proscribed in General Municipal Law § 3-c.

 

• 34-38 Tax Levy Limit Override.

 

      If any clause, paragraph, subdivision or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.

 

Section 2:  Effective Date.  This Local Law shall take effect immediately upon its filing with the Secretary of State.

 

 

RESOLUTION NO. 470                                  2014 PRELIMINARY BUDGET RECEIVED/FILED                              

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

 

RESOLVED that the 2014 Preliminary Budget is received and filed, in the Town Clerk’s Office, for anyone to review.  The 2014 Supervisor’s Tentative Budget became the 2014 Preliminary Budget.

 

Ayes:   Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:   None

***

 

RESOLUTION NO. 471                                  SET PUBLIC HEARING/BLAUVELT
VOLUNTEER FIRE COMPANY, INC

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

 

RESOLVED that upon the recommendation of the Town Attorney, a public hearing to consider a 1 (one) year contract with the Blauvelt Volunteer Fire Company, Inc., to provide fire protection services to and throughout the Blauvelt Fire Protection District, within the Town, is scheduled for November 12^th, 2013 at 8:00PM.

 

Ayes:   Councilpersons Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 472                                  AID/ S            TUDENTS AGAINST DESTRUCTIVE DECISIONS (SADD) WALK/RUN

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

 

RESOLVED that upon the recommendation of the Superintendent of Highways, the request for aid, from Students Against Destructive Decisions (SADD), by providing barriers to block intersections where runners are crossing for their Walk/Run on October 26, 2013 is hereby approved.
Ayes:   Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 473                                          AID/HALLOWEEN AND HOLIDAY PARADES/ORANGEBURG FIRE DEPT

 

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

 

RESOLVED that upon the recommendation of the Superintendent of Highways, the request for aid, from the Orangeburg Fire Department, by providing barricades and trash barrels, for their Halloween (10/31/13) and Holiday (12/14/13) parades, is hereby approved.

 

Ayes:   Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 474                                          SHOWMOBILE/ORANGEBURG FIRE DEPT/HOLIDAY PARADE

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED that upon the recommendation of  the Superintendent of Parks and Recreation,  the request for the use of the showmobile, by the Orangeburg Fire Department for the 2013 OVFA Holiday Parade on Saturday December 14^th 2013 at a rental cost of $350.00 with a certificate of insurance listing the Town of Orangetown as additionally insured is approved.

 

Ayes:   Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 475                                          CERTIFICATE OF REGISTRATION                                                  2013 SEWER WORK         

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny 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 for 2013 Sewer Work is approved to:
ABP Contracting Corporation P.O Box 545 Washingtonville NY 10992

 

Ayes:   Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 476                                          APPOINT LIZBETH BUCK/SENIOR CLERK TYPIST/JUSTICE COURT

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

 

RESOLVED that upon the recommendation of the Justice Court Clerk, Lizbeth Buck is hereby appointed to the position of Senior Clerk Typist, provisionally, Grade 5, Step 4 at a salary of $44,594.00, effective October 28, 2013.

 

Ayes:   Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:   None

***

 

RESOLUTION NO. 477                                          POLICE FIELD TRAINING PROGRAM PERMISSION GRANTED

 

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

 

RESOLVED, that upon the recommendation of the Police Chief, permission is hereby granted for three (3) Police Officers to attend the Field Training Officer Program, Scotch Plains, NJ, November 18-20, 2013, at cost of $1,949.34.

 

Ayes:   Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:   None

***

 

RESOLUTION NO. 478                                          POLICE BASIC SCHOOL RESOURCE OFFICER COURSE/PERMISSION GRANTED

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Police Chief, permission is hereby granted for one (1) Police Officer to attend the Basic School Resource Officer Course, Poughkeepsie, NY, November 4-8, 2013, at cost of $1,246.84.

 

Ayes:   Councilpersons Valentine, Diviny, Troy, Morr

Supervisor Stewart

Noes:   None

***

 

RESOLUTION NO. 479                                          ACCEPT/RECEIVE/FILE DOCUMENTS

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

 

RESOLVED  that the following items are hereby accepted, received and filed in the Town Clerk’s Office:

1. September 24, 2013 Regular Town Board Meeting/Audit/Executive Session Minutes and October 1, 2013 Police Commission/Executive Session Minutes.
2. DEME SPDES NY- 0026051, September 2013 Monthly Report

 

Ayes:   Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 480                                          APPROVE CHANGE ORDER/CURED IN PLACE SEWER REPAIR CONTRACT

 

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

 

RESOLVED, that change order to the current Sanitary Sewer Improvement contract (DEME 41-2013) to include the repair of two collapsing sewer lines, using the cured-in-place pipe lining method, at a cost not to exceed $29,000.00 is hereby approved.

 

The said repairs are of an emergency nature, based on existing conditions and imminent threat of collapse.  The additional costs will be paid from funds previously appropriated in DE|ME budget line G.8197.452, of the 2013 operating budget.

 

Ayes:   Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 481                                  AUTHORIZE PAY VOUCHERS

 

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

 

RESOLVED, the Finance Office is hereby authorized to pay vouchers for General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds for a total amount of $915,623.08.

 

Ayes:   Councilpersons Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:   None

***

RESOLUTION NO. 482                                                      ADJOURNED/MEMORY

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the Town Board adjourned in memory of Eugene Cantwell, Blauvelt, a WWII Veteran, former President of the Blauvelt Lions Club and a member of the Blue Hill Golf Course Advisory Board; and Theodore Dusanenko, former Rockland County Legislator, former Clarkstown Councilman and Clarkstown Supervisor, at 10:15 p.m.

 

Ayes:   Councilpersons Valentine, Troy, Diviny, Morr

Supervisor Stewart

Noes:   None

 

 

 

 

 

____________________________________

Charlotte Madigan, Town Clerk