Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

Tuesday October 22, 2019

This meeting was opened at 7:30 p.m.  Supervisor Day presided and Rosanna Sfraga, Town Clerk, called the roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

Supervisor Christopher Day

 

Also present:

Michael Lawler, Deputy Supervisor

Amanda Hyland, Supervisor’s Confidential Assistant

Greg Garvey, Coordinator Economic Development / Filming

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation & Building Maint

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

Donald Butterworth, Police Captain

 

Pledge of Allegiance to the Flag of the United States of America:  Esta Baitler

 

ANNOUNCEMENTS:

The Pearl River Farmer’s Market is closed for 2019 Season.

There is now a Worn Flag Collection box next to the Camp Shanks Museum (behind the Orangeburg Library) to encourage community members to retire their tattered old American Flags in a respectful manner. It has been placed there courtesy of the Raymond W. DeMeola VFW Post 1615 of Blauvelt.

Friday, October 25, 2019 at 6:00 P.M. – Orangetown Recreation Halloween Spooktacular 28th  Annual Halloween Pumpkin and Costume Parade at Veterans Park, Orangeburg (The costume parade will be led  by a favorite cartoon character. Pumpkin decorating participants bring their own pumpkin and we provide the decorating materials. The show will conclude with an Alien Story & Science Show.

Friday, November 8th  – Brought to  you  by  the  Supervisor’s Military  Banner Program, there will be  a complimentary “Holiday for  Heroes Brunch” held from  11am – 2pm  at the  Tappan Firehouse, 300 Western Highway, Tappan to honor local veterans.

Sunday, November 10th at 10:00 A.M. – Annual Veterans’ Day Observance sponsored by The Raymond W. DeMeola V.F.W. Memorial Post 1615 of Blauvelt, honoring men and women who have served in the armed forces, to be held at a New Location at the Orangetown Town Hall in (new) Court Room II

Sunday, November 10, 2019  at 12 Noon – Veterans Day Remembrance and Veteran of The  Year  Ceremony – The Rockland County Veterans Coordinating Council will honor “Roy  Tschudy” as the  County Veteran of the  Year,  to be held on  the  steps of the  Allison-Parris Building, 11 New Hempstead Road, New City, NY

Sunday, November 10, 2019 at 5:00 P.M. – Friends of the Orangetown Museum’s Annual Dinner and USO Show, celebrating the 1940’s song at the closing of the Shanks Legacy, at the place our servicemen raised a glass to freedom. Music by Joel & Francine at the Tappan ’76 House, Tappan, NY Clare B. Sheridan will be the recipient of the Catherine Dodge Humanitarian Award. For info/tickets call (845) 398-1302

Monday, November 11, 2019 – Veterans Day Service at 11:00 A.M. at the Tappan Memorial Triangle sponsored by the Carl A. Schelin, Post 1271, American Legion, Tappan, NY

Continuation of Public Hearing / TBWS/RTBM of November 12, 2019 at 8:00 p.m.  2020 Preliminary / Adopted Budget

Continue Public Hearing / TBWS/RTBM of November 19, 2019 at 8:00 p.m.  Proposed TOD Zoning Ordinance for Pearl River, NY

PRESENTATIONS:

Jim Dean (Superintendent of Highways) and Eamon Reilly (Commissioner of D.E.M.E) to present findings related to drainage system analysis of the Cherry Brook Stream (Pearl River)

DISCUSSION:

Proposed Amendments to Chapter 12 of the Orangetown Town Code, entitled

“Historical Areas Board of Review”.

 

RESOLUTION NO. 549                                         OPEN CONTINUATION OF PH ADOPT NYS UNIFIED SOLAR PERMIT

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

RESOLVED, that the public hearing regarding Adopting the NYS Unified Solar Permit is hereby opened.

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

Summary of Public Comments:  There were no comments from the public.

RESOLUTION NO. 550                                         CLOSE PH / ADOPT NYS UNIFIED SOLAR PERMIT

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

RESOLVED, that the public hearing is hereby closed.

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 551                                         DECLARE LEAD AGENCY / ADOPT NEGATIVE DECLARATION / NYS UNIFIED SOLAR PERMIT

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

WHEREAS, the Town Board has considered the adoption of a Local Law, amending Chapter 43, by adding Article XVII to the Town Code  regarding Solar Energy Permitting; and

WHEREAS, on or about August 20, 2019 (Resolution no. 435 of 2019), the Town Board circulated among various potential interested agencies notice of its intention to assume Lead Agency status for the purpose of the environmental review of the above referenced action; and

WHEREAS,  being the only Involved Agency, the Town Board hereby assumes the role of Lead Agency for environmental review; and

WHEREAS, acting in its capacity as Lead Agency for environmental review, and after taking a “hard look” at all of the potential environmental impacts that might result from the proposed action, the Town Board has concluded that there  will be no significant environmental impact or effect caused or occasioned by the proposed zoning text amendment,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the Negative Declaration annexed hereto, and authorizes the Town Supervisor or his designated agent to execute the Environmental Assessment Form and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency.

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

TOWN OF ORANGETOWN, ROCKLAND COUNTY

ZONING TEXT AMENDMENT

STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)

NEGATIVE DECLARATION

NOTICE OF DETERMINATION OF NON-SIGNIFICANCE

 

DATE: October 2019

 

LEAD AGENCY:

The Town Board of the Town of 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:

Adoption of Local Law No. 6 of 2019 of the Town of Orangetown, amending the Town Code by adding Article XVII to Chapter 43 of the Town Code  to be entitled “Solar Energy Permitting”, providing for the permitting of solar energy systems in the Town of Orangetown.

SEQRA STATUS: Unlisted Action

DESCRIPTION OF ACTION:

The proposed action consists of a local law amending the Town Code to provide for the definition, accommodation and permitting of Solar Energy Systems in the Town of Orangetown.

DETERMINATION:

There will be no significant adverse environmental impact(s) as a result of the proposed action.

REASONS SUPPORTING THIS DETERMINATION:

The proposed action is the approval of legislation amending existing Town Code by adoption of a Model Solar Energy Law, to advance and protect the public health, safety and welfare of the residents of the Town by creating regulations for the installation and use of solar energy generating systems and equipment. There will be no negative environmental impact as a result of this action.

POTENTIAL IMPACTS DETERMINED NOT TO BE SIGNIFICANT:

Based on the Short Environmental Assessment Form, prepared by the Town’s Director of the Office of Building, Zoning, Planning and Enforcement, and the Town Board’s familiarity with the parcels and the area in which they are situated, the Town Board has concluded that there will be no significant environmental impacts by the adoption of the zoning change specifically relating to:

– Traffic;                                                                      – Agricultural Land Resources

– Historic and Archaeological Resources              – Critical Environmental Areas

– Surface or Groundwater Quantity or Quality      – Energy

– Public Health                                                          – Air Quality and Noise Levels

– Human Health, or

– Future Development of Adjacent and Nearby Lands

 

In summary, after having taken a hard look at the potential environmental impacts associated with the proposed action, the Town Board concludes that such action will not result in a significant adverse environmental impact

 

For Further Information, Contact:

Town Supervisor Chris Day

Town Hall, Town of Orangetown

26 Orangeburg Road Orangeburg, New York 10962 (845) 359-5100

 

 

RESOLUTION NO. 552                                         ADOPT LOCAL LAW NO. 6 OF 2019,  AMENDING CHAPTER 43, ARTICLE XVII ENTITLED “SOLAR  ENERGY PERMITTING” / DEFINITION, INSTALLATION AND USE OF SOLAR ENERGY GENERATING SYSTEMS AND EQUIPMENT

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

RESOLVED, that the Town Board hereby adopts proposed Local Law No. 6 of 2019, amending Chapter 43, Article XVII entitled “Exceptions to Bulk Regulations” of the Town Code, to provide for the definition, installation and use of solar energy generating systems and equipment.

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

TOWN OF ORANGETOWN

LOCAL LAW NO. 6 OF 2019

AMENDING CHAPTER 43, ARTICLE XVII -“SOLAR ENERGY PERMITTING”

DEFINITION, INSTALLATION AND USE

SOLAR ENERGY GENERATING SYSTEMS AND EQUIPMENT

 

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ORANGETOWN AS FOLLOWS:

 

Chapter 43 of the Town Code is hereby amended by adding Article XVII entitled “Solar

Energy Permitting”.  The said section of the Code is amended as follows:

 

Article XVII   Solar Energy Permitting

 

17.1. Authority

 

This Solar Energy Local Law is adopted pursuant to Sections 261 and 263 of the Town Law and Section 20 of the Municipal Home Rule Law  of the State of New York, which authorize the Town of Orangetown to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the laws of New York State, “to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.”

 

 

17.2. Statement of Purpose

 

1. This Solar Energy Local Law is adopted to advance and protect the public health, safety, and welfare of Town of Orangetown by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:

 

1) To take advantage of a safe, abundant, renewable and non-polluting energy resource;

2) To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

3) To mitigate the impacts of Solar Energy Systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources, and;

4) To create synergy between solar technologies and the Town Comprehensive Plan and

 

Town codes, rules and regulations.

 

17.3. Definitions

 

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM:

A combination of Solar Panels and Solar Energy Equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption.

 

FARMLAND OF STATEWIDE IMPORTANCE:

Land, designated as “Farmland of Statewide Importance” in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that is of state wide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of Statewide Importance may include tracts of land that have been designated for agriculture by state law.

NYS UNIFIED SOLAR PERMIT – Continued

 

GLARE:

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

 

GROUND-MOUNTED SOLAR ENERGY SYSTEM:

A Solar Energy System that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for onsite or offsite consumption.

 

 

NATIVE PERENNIAL VEGETATION: native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

 

POLLINATOR: bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

 

PRIME FARMLAND: Land, designated as “Prime Farmland” in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for

these land uses.

 

ROOF-MOUNTED SOLAR ENERGY SYSTEM:

A Solar Energy System located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption.

 

SOLAR ACCESS: Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive Solar Energy Systems on individual properties.

SOLAR ENERGY EQUIPMENT: Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

 

SOLAR ENERGY SYSTEM: The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, Solar Panels and Solar Energy Equipment. The area of a Solar Energy System includes all the land inside the perimeter of the Solar Energy System, which extends to any interconnection equipment. A Solar Energy System is classified as a Tier 1, Tier 2, or Tier 3 Solar Energy System as follows.

 

1. Tier 1 Solar Energy Systems include the following:
2. a. Roof-Mounted Solar Energy Systems
3. Building-Integrated Solar Energy Systems

 

1. B. Tier 2 Solar Energy Systems include Ground-Mounted Solar Energy Systems with a total surface area of all solar panels on the lot of up to 4,000 square feet and that generate up to 110 % of the electricity consumed on the site over the previous 12 mont

 

1. Tier 3 Solar Energy Systems are systems that are not included in the list for Tier 1 and Tier 2 Solar Energy Systems. An example includes, but is not limited to Solar Energy Systems producing 25 MW or more as permitted by the Board on Electric Generation Siting and the Environment.

 

SOLAR PANEL: A photovoltaic device capable of collecting and converting solar energy into electricity.

 

STORAGE BATTERY: A device that stores energy and makes it available in an electrical form.

 

NYS UNIFIED SOLAR PERMIT – Continued

 

17.4. Applicability

 

1. The requirements of this Local Law shall apply to all Solar Energy Systems permitted, installed, or modified in Town of Orangetown after the effective date of this Local Law, excluding general maintenance and repair.
2. B. Solar Energy Systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local La
3. Modifications to an existing Solar Energy System that increase the Solar Energy System area by more than 5% of the original area of the Solar Energy System (exclusive of moving any fencing) shall be subject to this Local Law.
4. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code (“Building Code”), the NYS Energy Conservation Code (“Energy Code”), and the Town of Orangetown Code.

 

17.5. General Requirements

 

1. A Building permit shall be required for installation of all Solar Energy Systems.
2. B. Local land use boards are encouraged to condition their approval of proposed developments on sites adjacent to Solar Energy Systems so as to protect their access to sufficient sunlight to remain economically feasible over time.
3. Issuance of permits and approvals by the Office of Building, Zoning, Planning Administration and Enforcement, for commercial applications that require planning board review, shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”).
4. Permits shall not be issued for commercial applications without the review and approval of the Town of Orangetown Fire Inspector.

 

17.6. Permitting Requirements for Tier 1 Solar Energy Systems

 

All Tier 1 Solar Energy Systems shall be permitted in all zoning districts. Residential systems shall be exempt from site plan review subject to the following conditions for each type of Solar Energy Systems: however those located within the Tappan or Palisades Historic District require Historic Areas of Review approval.

 

1. Roof-Mounted Solar Energy Systems

1)  Roof-Mounted Solar Energy Systems shall incorporate, when feasible, the following design requirements:

1. a. Solar Panels on pitched roofs shall be mounted with a maximum distance of 8 inches between the roof surface and the highest edge of the sy
2. Solar Panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
3. c. Solar Panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attache
4. Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

2)  Glare: All Solar Panels shall have anti-reflective coating(s).

3)  Height: All residential Roof-Mounted Solar Energy Systems shall comply with the height limitations in

 

Appendix 1. All commercial Roof-Mounted Solar Energy Systems shall comply with Appendix 1 and shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.

 

1. Building-Integrated Solar Energy Systems shall be shown on the plans submitted for the building permit application for the building containing the system.

 

17.7. Permitting Requirements for Tier 2 Solar Energy Systems

 

All Tier 2 Solar Energy Systems shall be permitted in all zoning districts as accessory structures. All non-residential systems require site plan review. Residential systems may be exempt from site plan review, if said proposed system obtains approval from the Town of Orangetown Building Department that the system complies woth the following conditions:

1. Glare: All Solar Panels shall have anti-reflective coating(s).
2. B. Setbacks: Tier 2 Solar Energy Systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning distric All Ground-Mounted Solar Energy Systems shall only be installed in the side or rear yards in residential districts.
3. Height: Tier 2 Solar Energy Systems shall comply with the height limitations in Appendix 1. D. Screening and Visibility.

1)  All Tier 2 Solar Energy Systems shall have views minimized from adjacent properties to the extent reasonably practicable, using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. The screening & landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. The landscaped screening shall be comprised of evergreen trees, at least 6 feet high at time of planning, plus two (2) supplemental shrubs at the reasonable discretion of the Town of Orangetown Planning Board, all planted within each 10 linear feet of the Solar Energy System. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening. A list of suitable evergreen tree and shrub species should be provided by the Town of Orangetown.

2)  Solar Energy Equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.

 

17.8. Permitting requirements for Tier 3 Solar Energy Systems

 

All Tier 3 Solar Energy Systems are permitted through the issuance of a special use permit by the Planning Board within the LI, LIO, LO, MFR, OP, RPC zoning districts, and subject to site plan application requirements set forth in this Section.

 

1. Applications for the installation of Tier 3 Solar Energy System shall be:

1)  Reviewed by the Building Inspector for completeness. Applicants shall be advised within 15 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

2)  Subject to a public hearing to hear all comments for and against the application. The Planning Board of the Town of Orangetown shall have a notice printed in a newspaper of general circulation in the Town of Orangetown at least 5 days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 200 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Planning Board at the public hearing.

3)  Referred to the County Planning Department pursuant to General Municipal Law § 239-m.

4)  Upon closing of the public hearing, the Planning Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The 62-day period may be extended upon consent by both the Planning Board and applicant.

 

1. B. Underground Require All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

 

1. Vehicular Paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

 

1. Signage.

1)  No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer’s name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area no more than 8 square feet.

2)  As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad- mounted transformers and substations. Said information shall be depicted pursuant to the guidelines contained in the National Electric Code.

 

1. Glare. All Solar Panels shall have anti-reflective coating(s).

 

1. F. Lighting. Lighting of the Solar Energy Systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting prope

 

1. Tree-cutting. Removal of existing trees larger than 8 inches in diameter should be minimized to the extent possible.

 

1. Decommissioning.

 

1) Solar Energy Systems that have been abandoned and/or not producing electricity for a period of one (1) year shall be removed at the Owner and/or Operators expense, which at the Owner’s option may come from any security made with the Town of Orangetown as set forth in Section 10(b) herein.

2) A decommissioning plan (see Appendix 2) signed by the owner and/or operator of the Solar Energy System shall be submitted by the applicant, addressing the following:

1. a. The cost of removing the Solar Energy Syste
2. The time required to decommission and remove the Solar Energy System and any ancillary structures.
3. c. The time required to repair any damage caused to the property by the installation and removal of the Solar Energy Syste

3) Security.

1. a. The deposit, executions, or filing with the Town of Orangetown Clerk of cash, bond, or other form of security reasonably acceptable to the Town of Orangetown attorney and/or engineer, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to remova The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 Solar Energy System and restoration of the property with an escalator of 2% annually for the life of the Solar Energy System. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the Solar Energy System.
2. In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town of Orangetown, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
3. c. In the event of default or abandonment of the Solar Energy System, the system shall be decommissioned as set forth in Section 10(b) and 10(c) here

 

1. I. Site plan applicati For any Solar Energy system requiring a Special Use Permit, site plan approval shall be required. Any site plan application shall include the following information:

1)  Property lines and physical features, including roads, for the project site

2)  Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures

3)  A one- or three-line electrical diagram detailing the Solar Energy System layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

4)  A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

 

 

NYS UNIFIED SOLAR PERMIT – Continued

 

5)  Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Solar Energy System. Such information of the final system installer shall be submitted prior to the issuance of building permit.

6)  Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the Solar Energy System.

7)  Zoning district designation for the parcel(s) of land comprising the project site.

 

8)  Property Operation and Maintenance Plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

9)  Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

10) Prior to the issuance of the building permit or final approval by the Planning Board but not required as part of the application, engineering documents must be signed and sealed by a New York State (NYS) Licensed Professional Engineer or NYS Registered Architect.

1. J. Special Use Permit Standa

 

1)  Lot size

 

1. a. The property on which the Tier 3 Solar Energy System is placed shall meet the lot size requirements of the underlying zoning distric

 

2)  Setbacks

1. a. The Tier 3 Solar Energy Systems shall comply with the setback requirements of the underlying zoning district for principal structure

 

3)  Height

 

1. a. The Tier 3 Solar Energy Systems shall comply with the height limitations in Appendix 1 depending on the underlying zoning district and shall comply with the building height limitations for principal structures of the underlying zoning distric

 

4)  Lot coverage

1. a. The following components of a Tier 3 Solar Energy System shall be considered included in the calculations for lot coverage requirements:

 

1. I. Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete colla
2. II. All mechanical equipment of the Solar Energy System, including any pad mounted structure for batteries, switchboard, transformers, or storage cell

III.      Paved access roads servicing the Solar Energy System.

1. Lot coverage of the Solar Energy System, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district.

 

5)  Fencing Requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a 7-foot-high fence, as required by NEC, with a self- locking gate to prevent unauthorized access.

 

6)  Screening and Visibility.

1. a. Solar Energy Systems smaller than 5 acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
2. Solar Energy Systems larger than 5 acres shall be required to:
3. I. Conduct a visual assessment of the visual impacts of the Solar Energy System on public roadways and adjacent prope At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital view shed report, may be required by the Planning Board to be submitted by the applicant.

NYS UNIFIED SOLAR PERMIT – Continued

 

1. II. Submit a screening & landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of Solar Panels and Solar Energy Equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible.

III.      The screening & landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. The landscaped screening shall be comprised of evergreen trees, at least 6 feet high at time of planning, plus two (2) supplemental shrubs at the reasonable discretion of the Town of Orangetown Planning Board, all planted within each 10 linear feet of the Solar Energy System. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening. A list of suitable evergreen tree and shrub species should be provided by the Town of Orangetown.

 

7)  Agricultural Resources. For projects located on agricultural lands:

 

1)  Any Tier 3 Solar Energy System located on the areas that consist of Prime Farmland or Farmland of Statewide Importance shall not exceed 50 % of the entire lot.

2)  To the maximum extent practicable, Tier 3 Solar Energy Systems located on Prime Farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

3)  Tier 3 Solar Energy System owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.

 

1. Ownership Changes. If the owner or operator of the Solar Energy System changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the Solar Energy System shall notify the Building Department of such change in ownership or operator within 30 days of the ownership change.

 

17.9. Safety

 

1. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes as required.
2. B. Solar Energy Systems shall be maintained in good working order and in accordance with industry standa Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 Solar Energy System is located in an ambulance district, the local ambulance corps.
3. If Storage Batteries are included as part of the Solar Energy System, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town of Orangetown and any applicable federal, state, or county laws or regulations.

 

17.10. Permit Time Frame and Abandonment

 

1. The Special Use Permit and site plan approval for a Solar Energy System shall be valid for a period of 12 months, provided that a building permit is issued for construction and construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 24 months after approval, the applicant may request that the Director of the building department extend the time to complete construction for 180 days. A maximum of two 6 month extensions may be granted at the discretion of the Director of the building department. If the owner and/or operator fails to perform substantial construction after 36 months, the approvals shall expire.

 

1. B. Upon cessation of electricity generation of a Solar Energy System on a continuous basis for12 months, the Town of Orangetown may notify and instruct the owner and/or operator of the Solar

 

NYS UNIFIED SOLAR PERMIT – Continued

 

Energy System to implement the decommissioning plan. The decommissioning plan must be completed within 3 days of notification.

1. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town of Orangetown may, at its discretion, utilize the bond and/or security for the removal of the Solar Energy System and restoration of the site in accordance with the decommissioning plan.

 

17.11. Enforcement

 

Any violation of this Solar Energy Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town of Orangetown.

 

17.12. Severability

 

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

 

17.13. Effective Date.

 

This Local Law shall become effective immediately upon being filed with the Secretary of State.

 

 

RESOLUTION NO. 553                                         OPEN CONTINUATION OF PH  PROPOSED ZONE CHANGE FOR 576 ROUTE 303 AND ADJOINING PROPERTIES / BIEBER

 

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

 

RESOLVED, that the public hearing regarding the proposed zone change for 576 Route 303 and adjoining properties / Bieber is hereby opened.

 

Ayes:            Councilpersons Diviny, Troy, Bottari

Supervisor Day

Noes:            None

Abstained:    Councilman Valentine

 

 

RESOLUTION NO. 554                                         CONTINUE PH / PROPOSED ZONE CHANGE / 576 ROUTE 303 AND ADJOINING PROPERTIES / BIEBER

 

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

 

RESOLVED, that per the applicant’s request, the public hearing is hereby continued to the TBWS/RTBM of November 19, 2019 at 7:50 p.m.

 

Ayes:            Councilpersons Diviny, Troy, Bottari

Supervisor Day

Noes:            None

Abstained:    Councilman Valentine

 

RESOLUTION NO. 555                                         OPEN PH / ONE YEAR CONTRACT (2020) / BLAUVELT VOLUNTEER FIRE COMPANY, INC

 

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

 

RESOLVED, that the 8:00 p.m. public hearing on the proposed Contract between the Town of Orangetown and the Blauvelt Volunteer Fire Company, Inc. for fire protection services in and throughout the Blauvelt Fire Protection District, within the Town of Orangetown, for calendar year 2020, is hereby opened.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings; which are labeled Exhibit 10-I-19 and made a part of these minutes.

 

Summary of Public Comments: There were no comments from the public.

 

 

RESOLUTION NO. 556                                         CLOSE PH / ONE YEAR CONTRACT (2020) / BLAUVELT VOLUNTEER FIRE COMPANY, INC.

 

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

 

RESOLVED, that the public hearing, on the proposed Contract between the Town and the Blauvelt Volunteer Fire Company, Inc. for fire protection services in and throughout the Blauvelt Fire Protection District within the Town of Orangetown, for calendar year 2020, is hereby closed.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 557                                         SEQRA  / LEAD AGENCY-NEGATIVE DECLARATION / BLAUVELT FIRE PROTECTION DISTRICT / ONE YEAR CONTRACT /THE BLAUVELT VOLUNTEER FIRE COMPANY, INC.  CALENDAR YEAR 2020

 

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

 

WHEREAS, the Town of Orangetown has within its boundaries a duly formed Fire Protection District, known as the “Blauvelt Fire Protection District” embracing territory in the Town in and about the hamlet of Blauvelt and more fully described in the Resolution establishing such Fire Protection District, as from time to time amended, and

 

WHEREAS,  the Town is required to provide for fire protection services within such Blauvelt Fire Protection District, which services historically have  been provided by contract with the Blauvelt Volunteer Fire Company, Inc., for the furnishing of fire protection in the District, which contract is subject to review under  SEQRA; and

 

WHEREAS, the Town Board is the only involved agency under SEQRA in the approval of such contracts,

 

RESOLUTION NO. 557 – Continued

 

NOW, THEREFORE, BE IT RESOLVED, as follows:

 

1) the Town Board hereby declares itself to be lead agency under  SEQRA for the purpose of environmental review;

2) the within action is an “unlisted action” under  SEQRA; and

3) the Town Board determines that a ONE (1) year contract with the Blauvelt Volunteer Fire Company, Inc. for fire protection services to and within the boundaries of the Blauvelt Fire Protection District will not have  a significant adverse impact on the environment, and, therefore, issues a determination of non-significance which the Supervisor is hereby authorized to execute.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 558                                         APPROVE / ONE YEAR CONTRACT (2020) / BLAUVELT VOLUNTEER FIRE COMPANY, INC.

 

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

 

RESOLVED,  that the Town Board hereby approves a ONE (1) year  contract with the Blauvelt Volunteer Fire Company, Inc. for fire protection services in and throughout the Blauvelt Fire Protection District for calendar year 2020,  in the sum of $638,500.00, including $43,500.00 for Workers Compensation insurance and otherwise in accordance with the terms of the Contract incorporated herein by reference.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 559                                         OPEN PH / ONE YEAR CONTRACT (2020) / ORANGETOWN  LIBRARY DISTRICT / CONTRACTS / THE BLAUVELT FREE LIBRARY, THE ORANGEBURG LIBRARY, THE PALISADES FREE LIBRARY AND THE TAPPAN FREE LIBRARY

 

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

 

RESOLVED,  that the 8:10 P.M. public hearing on the proposed Contracts between the Town and  the Blauvelt Free  Library, the Orangeburg Library, the Palisades Free  Library and the Tappan Free  Library, for library services in and throughout the boundaries of their district as contained in the Orangetown Library District, and including the residents of Sparkill as delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town for calendar year  2020,  is hereby opened.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings; which are labeled Exhibit 10-J-19 and made a part of these minute.

 

Summary of Public Comments: There were no comments from the public.

 

RESOLUTION NO. 560                                         CLOSE PH / ONE YEAR CONTRACT (2020) / ORANGETOWN LIBRARY DISTRICT / CONTRACTS / THE BLAUVELT FREE LIBRARY, THE ORANGEBURG LIBRARY, THE PALISADES FREE LIBRARY AND THE TAPPAN FREE LIBRARY

 

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

 

RESOLVED, that the public hearing, on the proposed Contracts, between the Town and Blauvelt Free Library, the Orangeburg Library, the Palisades Free Library and the Tappan Free Library, for library services in and throughout the boundaries of their district within Orangetown Library District, and including the residents of Sparkill as delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, for calendar year 2020, is hereby closed.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 561                                         SEQRA / DECLARE LEAD AGENCY NEGATIVE DECLARATION ORANGETOWN LIBRARY DISTRICT CONTRACTS (2020) / BLAUVELT FREE LIBRARY, THE ORANGEBURG LIBRARY, THE PALISADES FREE LIBRARY AND THE TAPPAN FREE LIBRARY

 

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

 

WHEREAS, the Town of Orangetown has within its boundaries a duly formed Library District known as the “Orangetown Library District”, embracing territory in the Town, and including as well as to the residents of Sparkill as delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town, as from time to time amended; and

 

WHEREAS, the Town is required to provide for library services within such Orangetown Library District, which services historically have been provided by contracts with the Blauvelt Free Library, the Orangeburg Library, the Palisades Free Library and the Tappan Free Library for services within the boundaries of their district contained therein, as well to the residents of Sparkill as delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town; and

 

WHEREAS, it is proposed that the Town of Orangetown enter into a 1-year contract with the Blauvelt Free Library, the Orangeburg Library, the Palisades Free Library and the Tappan Free Library, for the furnishing of library services within the boundaries of their individual district as delineated within the Orangetown Library District, and including as well as to the residents of Sparkill as delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, within the Town, which contract is subject to review under SEQRA; and

 

WHEREAS, the Town Board is the only involved agency under SEQRA in the approval of such contracts,

 

NOW, THEREFORE, BE IT RESOLVED, as follows:

 

• the Town Board hereby declares itself to be lead agency under SEQRA for the purpose of environmental review;

RESOLUTION NO. 561 – Continued

 

2) the within action is an “unlisted action” under  SEQRA; and

3) the Town Board determines that a ONE (1) year contract with the Blauvelt Free Library, the Orangeburg Library, the Palisades Free  Library and the Tappan Free Library, within the Orangetown Library District for library services to and within the boundaries of their district as set forth in within the Orangetown Library District,  and including as well as to the residents of Sparkill as delineated in subdivision (e) of Section 1 of Chapter 494 of the Laws of 2012, will not have a significant adverse  impact on the environment, and, therefore, issues a determination of non-significance which the Town Supervisor is hereby authorized to execute.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 562                                         DECLARE / TOWN BOARD REVIEW COMPLETION / 2020 PRELIMINARY BUDGET / FILE WITH TOWN CLERK FINANCE TO PUBLISH ON TOWN WEBSITE

 

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

 

RESOLVED, that the Town Board has completed their review of the 2020 Tentative Budget; and be it

 

FURTHER RESOLVED, that the 2020 Preliminary Budget shall be filed with the Town Clerk and the Finance Department is authorized to publish it on the Town’s website.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 563                                         OPEN PH / 2020 PRELIMINARY BUDGET

 

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

 

RESOLVED, that the public hearing regarding the 2020 Preliminary Budget is hereby opened.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings and written comments from the public; which are labeled Exhibit 10-K-19 and made a part of these minutes.

 

Supervisor Day repeated his explanation (September 17, 2019) of the 2020 Tentative Budget and explained that the below adjustments are mandated.

 

Summary of Public Comments:

Thom Kleiner, Sparkill, is opposed to the increase in the Supervisor’s salary.  He is happy that Broadacres Golf Course will be kept.

Ann Marie Uhl, Blauvelt, is opposed to the increase in salaries for the elected officials.  She suggested elected officials terms be changed:  Supervisor increase to 4 years; Town Council members decrease to 2 years and there be term limits.  She also suggested the Supervisor’s position be appointed by the Town Board.

Joseph Wrafter, Pearl River, is opposed to closing Broadacres Golf Course.  He spoke about the enjoyment senior citizens have, special events and fundraisers that are held at Broadacres.

Gail Mandel, Pearl River, enjoys playing golf at Broadacres.  The course is easy to walk, it is easy to get tee-times and it’s a perfect learning environment.  It would be a tremendous loss if it closes.  She suggested more marketing for this course.

Teresa Kenny, Pearl River, supports fair raises for elected officials.  She spoke about Thom Kleiner’s raises during his time in office.  She objects to using this as a political ploy.

Michael Lawler, Deputy Supervisor and Pearl River resident, commended this Town Board in keeping taxes down.  This Town Board has worked very well in a partisan way.  He spoked about Thom Kleiner’s double dipping.

Ed O’Dea, Pearl River, is in favor of keeping Broadacres open.  You cannot put a price tag on something that is priceless.

Steve Edelstein, a senior citizen that plays at Broadacres, is opposed to closing Broadacres.  If money can be found to increase the elected officials’ salaries, then money can be found to support Broadacres.  Shame on the Town Board, if Broadacres closes.

James Dean, Superintendent of Highways, praised the Highway Department employees’ work.  His department has never gone over budget.  He finds all the discussions about elected officials’ pay raises devaluing.  He compared Orangetown’s elected officials salaries with the other Town’s in Rockland.  People have to understand, you have to pay fair salaries.

Larry Vail, Tappan, appreciates being under the 2% tax cap.  This is a convenient time to propose pay raises.  The Town Board is running unopposed and the Supervisor is not running.

Robert Tompkins, Pearl River, is against raises for the elected officials.  He believes the Town Board is only looking at this piece meal.  Down the road you could have the risk of being overpaid and unqualified.

Lysa Barry, Tappan, is against the raise for the Supervisor’s position.  A $40,000 increase is inappropriate.

 

RESOLUTION NO. 564                                         CONTINUE PH / 2020 PRELIMINARY BUDGET

 

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

 

            RESOLVED, that this public hearing regarding the adoption of the proposed 2020 preliminary budget is hereby continued to TBWS/RTBM November 12, 2019 at 8:00 pm.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 565                                         APPROVE ADJUSTMENTS / 2020 PRELIMINARY BUDGET

 

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

 

RESOLVED, that the Town Board hereby approves adjustments to the 2020 preliminary budget , amended as in accordance with the information below and the Public Hearing conducted, which was opened tonight, on October 22, 2019, in accordance with the Town Budget  Calendar as duly adopted, and ordered, filed in the Office of the Town Clerk;

 

Line Item	Description	Supervisor	Preliminary	Change	Fund	Dept
A.1682.012	Central Data. Time & One Half	$ –	$       19,000	$19,000	A	IT
A.1682.013	Central Data. Seasonal & Part Time	$        14,500	$       22,000	$  7,500	A	IT
A.1682.440.13	Central Data.  Office Supplies & Print. Computer Supplies	$ –	$       19,400	$ 19,000	A	IT
A.1682.441	Central Data. Schools & Conferences	$ –	$         7,500	$   7,500	A	IT
A.1682.440.01	Central Data. Office Supplies & Print Safety Inspection Service. Telephone. Other Than	$          1,500	$         2,500	$   1,000	A	IT
B.3620.471.17	Police	$         4,000	$         7,840	$    3,840	B	Bldg
B.3120.011.16	Police Permanent Staff Police	$11,678,513	$11,789,057	$110,544	B	Police
B.3120.012.16	Police. Time & One Half.Police	$  1,486,250	$  1,536,250	$  50,000	B	Police
B.9060.800.16	Hospitalization.Fringe Benefits.Police	$  4,847,847	$  4,897,847	$ 50,000	B	Police
				$268,784

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 566                                         OPEN CONTINUATION OF PH / LOT AND BULK CONTROLS FOR PAC DEVELOPMENTS

 

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

 

RESOLVED, that the public hearing regarding the proposed local law to adopt Lot and Bulk Controls for PAC is hereby opened.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

Summary of Public Comments:

Thom Kleiner, Sparkill, asked if the main lot area was addressed.

Brian Quinn, Attorney, is in favor of this local law.  This law will give the Town Board authority to grant bulk regulations.

John Murphy, Pearl River, is in favor of this local law.  He fought to find low-income housing for the mentally ill and the homeless.  We have a growing population of elderly widowed woman, which need housing close to public transportation and retail stores.

 

RESOLUTION NO. 567                                          CLOSE PH / PROPOSED LOCAL LAW / ADOPT LOT AND BULK CONTROLS FOR PAC DEVELOPMENTS

 

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

 

RESOLVED, that the public hearing is hereby closed.

 

Ayes:      Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 568                                         DECLARE LEAD AGENCY / SEQRA  AMEND CHAPTER 43 / LOT & BULK CONTROLS FOR PAC DEVELOPMENTS / NEGATIVE DECLARATION

 

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

 

 

RESOLUTION NO. 568 – Continued

 

WHEREAS, the Town Board has considered the adoption of a Local Law, amending Chapter 43, Article IV,  § 4369(B), of the Town Code regarding modifications to lot and bulk controls for PAC developments; and

 

WHEREAS, on or about August 20, 2019 (Resolution No. 422 of 2019), the Town Board circulated amongst various potential interested agencies notice of its intention to assume Lead Agency status for the purpose of the environmental review of the  above referenced action; and

 

WHEREAS, being the only Involved Agency, the Town Board hereby assumes the role of Lead Agency for environmental review; and

 

WHEREAS, acting in its capacity as Lead Agency for environmental review, and after taking a “hard look” at all of the potential environmental impacts that might result from the  proposed action, the Town Board has concluded that there will be no significant environmental impact or effect caused or occasioned by the proposed zoning text amendment,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the Negative Declaration annexed hereto, and authorizes the Town Supervisor or his designated agent to execute the Environmental Assessment Form and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

TOWN OF ORANGETOWN

ROCKLAND COUNTY ZONING TEXT AMENDMENT

STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION

NOTICE OF DETERMINATION OF NON-SIGNIFICANCE

 

DATE: September 2019

 

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:

 

Adoption of amending Article IV of Chapter 43 of the Town Code entitled “Zoning”, §4.69  (B) providing for Lot and Bulk controls for PAC developments.

 

SEQRA STATUS: Unlisted Action

 

DESCRIPTION OF ACTION:

The proposed action consists of amending the Town Code with respect to Planned Adult Community (PAC) developments, and circumstances upon which the Town Board may modify lot and bulk controls as part of its consideration of a rezoning to PAC.

 

DETERMINATION:

 

There will be no significant adverse environmental impact(s) as a result of the proposed action.

 

REASONS SUPPORTING THIS DETERMINATION:

 

The proposed action is the approval of legislation amending existing Town Code with respect to PAC developments, and circumstances under which the Town Board may modify lot and bulk controls for such developments in a Community Shopping (CS) district to ensure compatibility with the building context and areas adjacent to the proposed sites. All such applications will undergo SEQRA review as part of their application for a zone change.

 

POTENTIAL IMPACTS DETERMINED NOT TO BE SIGNIFICANT:

 

Based on the Short Environmental Assessment Form, prepared by the Town’s Director of the Office of Building, Zoning, Planning and Enforcement, and the Town Board’s familiarity with the parcels and the area in which they are situated, the Town Board has concluded that there will be no significant environmental impacts by the adoption of the zoning change specifically relating to:

 

– Traffic;

– Agricultural Land Resources

– Historic and Archaeological Resources

– Surface or Groundwater Quantity or Quality

– Critical Environmental Areas

– Energy

– Public Health

– Air Quality and Noise Levels

– Human Health, or

– Future Development of Adjacent and Nearby Lands

 

 

In summary, after having taken a hard look at the potential environmental impacts associated with the proposed action, the Town Board concludes that such action will not result in a significant adverse environmental impact

 

For Further Information,

Contact: Town Supervisor Chris Day

Town Hall, Town of Orangetown

26 Orangeburg Road Orangeburg, New York 10962 (845) 359-5100

 

 

RESOLUTION NO. 569                                         ADOPT LOCAL LAW NO. 7 OF 2019,  AMENDING CHAPTER  43, OF THE TOWN CODE ARTICLE IV, SECTION 4.69 TO PROVIDE FOR TOWN BOARD DISCRETION FOR MODIFICATION OF LOT AND BULK CONTROLS OF PAC DEVELOPMENTS IN CS DISTRICT

 

Councilman Troy offered the following resolution, which was seconded by Councilman Bottari and on a roll call was adopted:

 

WHEREAS, the Town Board adopted the Planned Adult Community (PAC) Floating Zone on January 12, 2004 via Local Law #1 of 2004 to address certain senior citizen housing needs in the Town by encouraging the development of a range of housing types for active senior citizens consistent with the Town’s Comprehensive Plan and

 

 

RESOLUTION NO. 569 – Continued

 

WHEREAS, several projects have been developed pursuant to the PAC zoning regulations in various forms as provided for in the law, and

 

WHEREAS, the law provides for certain lot, bulk and parking requirements, which under certain circumstances may be modified by the Town Board as part of its consideration of rezoning properties to PAC, and

 

WHEREAS, the Town Board has found that it would be consistent with the intentions of

the law, and the practice of granting zone changes to PAC for the Board to have further contextual flexibility to provide further the intentions of the original zoning law with respect to PAC developments with certain procedural safeguards as put forth in the proposed local law to amend the PAC  zone requirements, and

 

WHEREAS, the Town Board has distributed copies of the proposed local laws to neighboring municipalities and the Rockland County Planning Department as part of its General Municipal Law review, and no objections being filed,

 

NOW THEREFORE BE IT RESOLVED that the Town Board hereby adopts proposed Local Law No. 7 of 2019, amending Chapter 43 of the Town Code, entitled “Zoning”, Article IV entitled “Additional Use Regulations”, §4.6 entitled “Planned Adult Community (PAC) floating zone” subsection 4.69(B) entitled “Potential redevelopment sites within a CS District”, to provide for circumstances under which the Town Board may modify lot and bulk controls regarding PAC developments within a CS zoning district.

 

BE IT FURTHER RESOLVED, that as part of the approval, the Town Board hereby overrides the Rockland County Department of Planning “Disapproval” as part of its NYS GML review in a letter dated September 24, 2019.  The reasons supporting this determination are, that the new law is consistent with the overall theme of the existing PAC regulations which permits the Town Board to review each application on its own merits and make a determination as to whether or not to grant a PAC zone change request as applicable to a particular property, each time an application comes in.  The bulk requirements are still a part of the law, but the new law provides for flexibility only if a “super majority” votes for the change.   Therefore, the requirements are still there, however, the law provides for flexibility on minimum lot area, maximum floor area ratio and/or maximum density, only if a super majority of the Town Board approves same.  In addition, notwithstanding same, in no event may the maximum floor are ratio be modified to more than 1.25.  Each application will still be required to address these items in contemplation of development and be cognizant of the desired bulk regulations.  The necessity for a super majority vote ensures control over the granting of a PAC zone designation which may not adhere to the bulk regulations in the CS district, will be in accordance with a comprehensive review process, controlled by the legislative authority of the Town, not the Zoning Board of Appeals.

 

Ayes:      Councilpersons Troy, Bottari, Valentine

Supervisor Day

Noes:      Councilman Diviny

 

LOCAL LAW NO. 7 OF 2019 OF THE

INCORPORATED TOWN OF ORANGETOWN, NEW YORK

TOWN BOARD TO AMEND THE TOWN CODE WITH RESPECT TO PLANNED ADULT COMMUNITY ZONING

 

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ORANGETOWN AS FOLLOWS:

 

Section 1.

 

Article IV of Chapter 43 of the Town Code entitled “Zoning”, §4.69 (B) providing for Lot and Bulk controls for PAC developments is amended as follows:

4.69 Lot and bulk controls for PAC developments.

1. Potential redevelopment sites within a CS District.

LOCAL LAW NO. 7 OF 2019 – Continued

 

(1)  For eligible hamlet center sites physically located within a CS specified zoning district in Blauvelt, Tappan, Orangeburg, Sparkill and Pearl River, the Town Board may modify lot and bulk controls as part of its consideration of the rezoning to PAC, provided such modifications are designed to ensure compatibility with the building context of the CS District and areas adjacent to the subject site, including building setbacks to maintain the contextual streetscapes. Building context shall be determined by the Town Board through the review of actual dimensions (lot and bulk) for adjacent buildings and buildings across the street from the proposed redevelopment site.  Notwithstanding the foregoing, the Town Board may only modify the minimum lot area, maximum floor area ratio and/or maximum density, by a vote of a majority plus one of all the members thereof, whether present or not. In no event may the maximum floor area ratio be modified to more than 1.25.

 

(2) In order to ensure contextual development in terms of use, the ground-floor area of redevelopment sites shall include retail, personal service, restaurant or office use.

 

Section 2. Severability Clause

The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any other part of this local law that can be given effect without such invalid parts.

 

Section 3. Effective Date.

 

This Local Law shall become effective immediately upon being filed with the Secretary of State.

 

 

Workshop of Agenda Items

 

 

RESOLUTION NO. 570                                          OPEN PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

Summary of Public Comments:  There were no comments from the public.

 

RESOLUTION NO. 571                                          CLOSE PUBLIC COMMENT PORTION

 

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, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 572                                         REQUEST / NYSDOT / IMMEDIATE EVALUATION OF GUARDRAILS / NYS ROUTE 304 / PEARL RIVER

 

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

 

WHEREAS, on Sunday October 12th, 2019, three young lives were taken far too early in a car crash on NYS Route  304, along the curve above the railroad tracks, which resulted in the vehicle in question falling great distance through the gap between the northbound and southbound lanes to the tracks below; and

 

WHEREAS, this stretch of roadway has long been considered hazardous by residents of the area due to the combination of its elevation, curvature, and highway-speed limit; and

 

WHEREAS, Supervisor Chris Day, on October 14th, did directly reach out to the local New York State Department of Transportation point of contact to request an investigation into potential improvements that could be made to the guardrail system in that area; and

 

WHEREAS, though the investigation into the cause of the crash is ongoing, it is responsible to quickly begin a separate process of analyzing the overall effectiveness of those guardrails regardless; now, therefore, be it hereby

 

RESOLVED, that the Town Board of the Town of Orangetown formally requests that the New York State Department of Transportation immediately begin an investigation into potential improvements to that stretch of Route 304 in order to prevent such a tragedy from occurring again and improve overall safety; and be it

 

FURTHER RESOLVED,  that this analysis should consider guardrail improvements, closing the opening between the northbound and southbound lanes, pavement markings, speed limits and signage, and any other process or method by which overall safety conditions should be improved; and be it

 

FURTHER RESOLVED, that this analysis should cover similar such overpasses on NYS Route 304 in order to ensure that no other similar areas are left unaddressed, and be it further

 

FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to send a copy of this resolution to the Hon. Andrew M. Cuomo,  Governor of the State of New York; Hon. David Carlucci, Hon. William J. Larkin, Jr., New York State Senators; Hon. Kenneth P. Zebrowski, Jr., Hon. Ellen C. Jaffee, and Hon. James G. Skoufis, Members of the New York State Assembly; the President Pro Tem of the New York State Senate; the Speaker of the New York State Assembly; the Majority and  Minority Leaders of the New York State Senate and Assembly; Marie Therese Dominguez, Commissioner of the New York State Department of Transportation; Ron Epstein, NYS DOT Policy and Planning Division Director; Wahid Albert, NYS DOT Engineering Division Director; Janice McLachlan, NYS DOT Division of Legal Affairs Director; and to such other persons as the Clerk, in her discretion, may deem proper in order to effectuate the purpose of this resolution.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 573                                         ACCEPT RESIGNATION / ANDREW ANDREWS / MEMBER OF ACABOR

 

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

 

RESOLUTION NO. 573 – Continued

 

RESOLVED, that upon approval of the Town Board, accept resignation of Andrew Andrews as a member of ACABOR effective October 21, 2019.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 574                                         APPOINT ANDREW ANDREWS MEMBER TO THE PLANNING BOARD

 

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

 

RESOLVED, that upon approval of the Town Board, appoint Andrew Andrews as a member to the Orangetown Planning Board to fill the unexpired term of Blythe Yost, effective October 22, 2019 through December 31, 2024.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 575                                         SET PH / PROPOSED AMENDMENT TO CHAPTER 12 / HISTORICAL AREAS BOARD OF REVIEW

 

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

 

RESOLVED, that the public hearing regarding proposed amendments to Chapter 12 of the Orangetown Town Code, entitled “Historical Areas Board of Review” is hereby scheduled for December 3, 2019 at 7:45pm.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 576                                         AUTHORIZE ADOPT-A-SPOT  LANDSCAPING AND PLANTINGS DONATION / WALKWAY OF AMERICAN HEROES TAPPAN  SUNRISE LANDSCAPING INC.

 

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

 

RESOLVED, that upon acceptance of the applicant’s insurance documentation naming the Town as additionally insured, that the Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which has a place of business at 26 W. Orangeburg Road, Orangeburg, New York 10962, expressly authorizes and approves the Adopt-A-Spot  Committee, a volunteer organization with Sunrise Landscaping Inc. as part of the Adopt-A-Spot Committee to contribute the donation of plantings and landscaping services for the improvement and maintenance of the designated spot. The cost of a portion of the plantings (to be less than $720.00) will be charged back to the Town of Orangetown.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 577                                         AUTHORIZE / APPROVE STREETLIGHT DIMMING PILOT PROGRAM / NYPA

 

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

 

WHEREAS, during the 2019 Orange & Rockland Utilities, Inc. (ORU, Inc.) rate case the New York Power Authority (“NYPA”) proposed a pilot program that would evaluate the accuracy of Network Lighting Control (NLC) nodes for dimming streetlights, and

 

WHEREAS, NYPA is proposing to install approximately 25 dimming nodes on Orangetown owned streetlights along the following Orangetown roadways: Henry Street, Howard Ave, and Western Highway South; and

 

WHEREAS,  by request from the Town, ORU, Inc. would then install their meters on affected streetlights, and NYPA would dim the streetlights to a safe level during early morning hours when vehicular traffic flow is at its slowest, for an evaluation period which will last approximately the next six (6) months; and

 

WHEREAS, participation in this program would be of minimal effort and at no monetary cost to Orangetown and the dimming nodes can be kept at the end of the pilot period, and

 

WHEREAS, based on the comparison of the consumption data produced by this pilot study NYPA plans to work with the Public Service Commission to create a new statewide dimming tariff so municipalities statewide that can generate cost savings based upon reduced energy consumption; and

 

RESOLVED, upon the recommendation of the Chief of Police and the Superintendent of Highways, the Town Board hereby approves the Town’s participation in NYPA’s Streetlight Dimming Pilot and authorizes the Supervisor or his designee to sign any documents necessary to effectuate the Town’s participation in the program.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 578                                         AUTHORIZE / USE OF NIKE PARK FILMING PERMIT / CETERI PRODUCTIONS LLC

 

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

 

RESOLVED, upon the recommendation of the Director of Economic Development, in accordance with Town Code Section 14C-6E, the Town Board hereby grants a license to Ceteri Productions LLC for use of Nike Overlook Park for ten days in October (10/21,  22, 23, 24, 25, 27, 28, 29, 30/2019) for purposes of filming in accordance with a validly issued film permit, and said license fee shall be in the amount of $29,800.00.

 

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 579                                         ACCEPT / GRANT AWARD / NYS  DHSES / FY2018 CYBER SECURITY GRANT PROGRAM

 

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

RESOLUTION NO. 579 – Continued

 

WHEREAS, the Town of Orangetown has been awarded a grant by the New York State Department of Homeland Security and Emergency Services (DHSES), for the purposes of enhancing and sustaining the Town of Orangetown’s cyber  security posture through equipment, training and planning projects,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the Grant from the NYS DHSES in the amount of $45,000.00, and

 

BE IT FURTHER RESOLVED, that the Supervisor or his designee is authorized to execute any and all documents necessary to accept and administer the grant in accordance with the FY2018 Cyber Security Grant Program, subject to review and approval of the Town Attorney’s Office.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 580                                         APPROVE AGREEMENT / ORANGE AND ROCKLAND UTILITIES, INC. NYACK TRAFFIC CAMERA

 

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

 

RESOLVED, upon the recommendation of the Director of Automated Systems and the Chief of Police, the Town Board hereby approves the agreement with Orange and Rockland Utilities, Inc. for Pole Attachment and Electrical Usage in relation to the use of the traffic camera. The related equipment is to be purchased with New NY Bridge Project Community Benefit grant funding.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 581                                         2019 CERTIFICATE OF SEWER REGISTRATION

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2019 Sewer Work is approved to:

 

Angel Landscaping, Inc., P.O. Box 35, Tappan, NY 10983

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 582                                         APPROVE / SETTLEMENT CLAIM LARA v. TOWN OF ORANGETOWN

 

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

 

WHEREAS, a matter has been commenced by Lara against the Town of Orangetown, identified in the Southern District of New York as Case No. 17-cv-9201, arising out of a police incident alleged to have occurred on August 23, 2016;  and

 

RESOLUTION NO. 582 – Continued

 

WHEREAS, the parties have agreed to compromise and settle the claim in the amount of $17,000.00, and

 

WHEREAS,  the Town, without admitting liability for the damages alleged, nevertheless, recognizes the litigation costs associated with continued litigation of this claim and having determined it is in the best interests of the Town of Orangetown to resolve the matter  with the recommended settlement, and

 

WHEREAS,  the Town of Orangetown Attorney’s Office recommends settlement of the claim for the amount proposed pursuant to the authority granted by New York Town Law §68,

 

NOW THEREFORE, BE IT RESOLVED, that the Town Attorney’s Office is hereby authorized to compromise and settle the claim in the amount of $17,000.00 and to execute any documents as may be necessary to effectuate such result.

 

Ayes:      Councilpersons Diviny, Troy, Bottari

Supervisor Day

Noes:      Councilman Valentine

 

RESOLUTION NO. 583                                         CREATE POSITION / CLERK-STENOGRAPHER / GRADE 4  HIGHWAY DEPARTMENT

 

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

 

RESOLVED, upon the recommendation of Rockland County Personnel and an approved PO 27, create the position of Clerk-Stenographer, Grade 4, Step 1 at a salary of $42,782.00 in the Highway Department for the purpose of posting the position.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 584                                         DESIGNATE SAFETY SIDEWALK GREENBUSH ROAD BICYCLE BYPASS / WALKING PATH  BLAUVELT

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby designates the Greenbush Road bicycle bypass / walking path in Blauvelt, a safety sidewalk and hereby authorizes the Highway Department to maintain the path for safe pedestrian & bicycle traffic.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 585                                         LEND ASSISTANCE / 2019 VETERANS DAY SERVICE / TAPPAN MEMORIAL TRIANGLE

 

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

 

 

 

RESOLUTION NO. 585 – Continued

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby approve the use of two message boards, from the Highway Department, to be displayed in various locations for the Veterans Day Service, to be held on Monday, November 11, 2019, at 11 am in front of the Tappan Memorial Triangle.

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 586                                         LEND ASSISTANCE / 2019 TRAUBENFEST / MASONIC GROUNDS / TAPPAN

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways & Chief of Police, that the Town Board hereby approves this past event. The Highway Dept., assisted the Traubenfest with barricades, barrels, speed bumps & message board & OPD assisted with Auxiliary police. The event  was held at the Masonic Grounds on Sunday, October 6, 2019,  from 11am  – 8 pm, nunc pro tunc.

 

Ayes:      Councilpersons Bottari, Valentine, Troy, Diviny

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 587                                         LEND ASSISTANCE / 2019 ORANGEBURG FIRE DEPARTMENT HOLIDAY PARADE

 

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

 

RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board use of the Showmobile at a rental cost of $400.00 by the Orangeburg Volunteer Fire Department for their Holiday Parade, Saturday, December 14, 2019, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured; and

 

BE IT FURTHER RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board the rental of Portable Toilets (5 regular units) for the Orangeburg Fire Department’s Holiday Parade, Saturday, December 14, 2019.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 588                                         LEND ASSISTANCE / SUNRISE WALK/SUNRISE ASSOCIATION

 

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

 

RESOLVED, upon the completion of all necessary paperwork, the Superintendent of Parks & Recreation has forwarded for approval by the Town Board use of the

 

RESOLUTION NO. 588 – Continued

 

Showmobile at no charge for the Sunrise Walk, October 20, 2019, with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured; and

 

Ayes:      Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

 

RESOLUTION NO. 589                                         RECOGNIZE APPOINTMENT  RYAN McARDLE / LABORER / DEME

 

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

 

RESOLVED, that the Town Board hereby recognizes the appointment of Ryan  McArdle by the Commissioner of D.E.M.E., to the position of Laborer, Grade 9, Step  1, at a salary of $55,312.00, effective October 15, 2019.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 590                                         AMEND RESOLUTION NO. 442 of 2019 AUTHORIZE REIMBURSEMENT  VILLAGE OF PIERMONT / TRAIN STATION REPAIRS FOR SEWER BACK UP

 

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

 

WHEREAS,  DEME advises that on or about  July 22, 2019 there  was a surcharge of a Town operated sewer facility in the Village of Piermont, which the Village advised contributed to sewer damage inside the Village owned  train station, and

 

WHEREAS, upon investigation and a conference with representatives from VIllage of Piermont and the Town’s DEME it was determined that the Town and Village would share equally in the cost to repair damage to the Piermont Train Station, and

 

WHEREAS, it has been determined that resolving this matter as set forth above would be in the best interests of the Town, and

 

WHEREAS, it has been determined that the cost to remedy the damage at the Piermont Train Station is $7,800.00,

 

NOW THEREFORE, BE IT RESOLVED,  that,  upon  the  recommendation of DEME and the Town Attorney’s Office, the  Town Board  hereby authorizes the payment of $3,900.00 to the Village of Piermont as reimbursement of half the cost of repairs for damage at the Piermont Train Station from sewer back  up incident that occurred on or about  July 22, 2019.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

 

 

 

RESOLUTION NO. 591                                         AUTHORIZE / APPROVE / 2019-2020 EAP AGREEMENT / ESI EMPLOYEE ASSISTANCE GROUP

 

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

 

RESOLVED,  that the Town Board hereby authorizes the Supervisor to sign the annual agreement with Employee Services, Inc., dba ESI Employee Assistance Group for the EAP (Employee Assistance Program) beginning November 1, 2019 and ending October 31, 2020, at a cost of $5,838.30 and to file in the Town Clerk’s Office.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 592                                         AUTHORIZE / WAIVE LICENSE FEE & CEREMONY TOWN HALL USE FEE / MARRIAGE LICENSE/ACTIVE DUTY MILITARY PERSONNEL

 

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

 

WHEREAS,  on August 20, 2019,  the Governor passed a law waiving the State Fee on Marriage Licenses for Active Duty members of the Armed Forces.

 

WHEREAS, this law also gives a town or city the option to waive the portion of the Municipality fees.

 

RESOLVED, the Town Board authorizes the waiving of the Marriage License fee and the Ceremony Town Hall Use fee.

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 593                                          PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of four (4) warrants for a total of $856,506.12.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 594                                          ENTER EXECUTIVE SESSION     LAND SALE / LITIGATION / GRIEVANCES

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy, Diviny, Valentine, and Bottari, Michael Lawler, and Robert Magrino.

 

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

RESOLUTION NO. 594 – Continued

 

RESOLVED, at 10:35 pm the Town Board entered Executive Session to discuss Land Sale, Litigation and Grievances.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 595                                         RE-ENTER RTBM / ADJOURNED MEMORY

 

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

 

RESOLVED, at 11:00 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of:  Saniha Cekic, 15 of Brooklyn, NY; Altin Nezaj, 17, Pearl River, NY (Pearl River High School Student); Rosa Kohls Conlon, 100 years old, Orangeburg Resident and Help started the Orangeburg Public Library in 1962); John Hickey, Blauvelt and a member of the Golf Committee, and Joseph Destefano, Tappan.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

 

 

 

 

 

_________________________________

           Rosanna Sfraga, Town Clerk