Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

Tuesday November 19, 2019

 

This meeting was opened at 7:32 PM. Supervisor Day presided and Rosana Sfraga, Town Clerk, called the roll. Present were:

Councilman Denis Troy

Councilman Paul Valentine

Councilman Thomas Diviny

Supervisor Christopher Day

Absent:            Councilman Jerry Bottari

 

 

Also Present:

Michael Lawler, Deputy Supervisor

Greg Garvey, Coordinator Economic Development / Filming

Rosanna Sfraga, Town Clerk

Robert Magrino, Town Attorney

Teresa Kenny, Deputy Town Attorney

Janice Ganley, Supervisor of Fiscal Services

James Dean, Superintendent Of Highways

Jane Slavin, Director of OBZPAE

Aric Gorton, Supt Of Parks-Rec & Building Maint.

Anthony Bevelacqua, Director Of Automated Systems

Donald Butterworth, Police Chief

 

Pledge of Allegiance to the Flag:  Esta Baitler

 

ANNOUNCEMENTS:

Online Streetlight Repair Request Form – Orangetown website under “How do I?”

Public Hearing / TBWS/RTBM of December 3, 2019 at 7:45 P.M. / HABR / Town Code Change / Permissible paint colors in historic districts

Public Hearing / TBWS/RTBM of December 17, 2019 at 7:45 P.M. / Galway Bay Petition

Public Hearing / TBWS/RTBM of December 17, 2019 at 8:00 P.M. / Approval / Map of Pearl River Fire District

PRESENTATIONS:

 Jim Elling and Margaret Grace, Sparkill Creek Watershed Alliance, reported the Watershed Alliance, along with the Riverkeeper, Lamont Doherty and City University of New York Queens College, started monitoring/testing the creek in 2011.  The results show, the creek has the worst levels of fecal (bacteria of the 19 tributaries).  The high levels of bacteria found, indicate and increased risk of parthenogenic bacteria from sewage, septic and other sources are present.  The DEC has designated part of the creek, an impaired waterbody and requires a watershed plan.  The Alliance is asking the Town to have DEME investigate the wastewater infrastructure affects to the watershed.

DISCUSSION:

WORKSHOP OF AGENDA ITEMS

 

RESOLUTION NO. 627

OPEN PUBLIC COMMENT PORTION

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

RESOLVED, that the public portion is hereby opened.

Ayes:     Councilpersons:  Paul Valentine, Thomas Diviny, Denis Troy

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

SUMMARY OF PUBLIC COMMENTS:

Liz Dudley, Blauvelt and Clean Air 4 Orangetown, in 2011 the DEC reported, Aluf Plastics polluted the Sparkill Creek with pellets and dumping objectionable waste.  She asked, if Aluf Plastics dumping has been re-visited; about the proposed big box building along the creek and if testing has been done of corporations along Rt. 303 and by Nicepak.

Esta Baitler, Sparkill – Suez water is murky and disgusting.  She requested the Town Board to work on this issue.

Tanya Witek, Tappan – supports the Sparkill Creek Watershed Alliance efforts.  She spoke about the odors from Aluf and requested the Town to check what Aluf is dumping into the creek.

 

RESOLUTION NO. 628

CLOSE PUBLIC COMMENT PORTION

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

RESOLVED, that the public portion is hereby closed.

Ayes:     Councilpersons:  Paul Valentine, Thomas Diviny, Denis Troy

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 629

OPEN CONTINUATION OF PH / PROPOSED ZONE CHANGE

576 ROUTE 303 AND ADJOINING PROPERTIES / BIEBER

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

 RESOLVED, that the public hearing for the proposed zone change for 576 Route  303 and Adjoining Properties / Bieber is hereby continued.

Ayes:          Councilpersons:  Thomas Diviny, Denis Troy

Supervisor Christopher Day

Noes:          None

Abstained:  Councilman Paul Valentine

Absent:       Councilman Jerry Bottari

 

RESOLUTION NO. 630

CONTINUE PUBLIC HEARING / PROPOSED ZONE CHANGE

576 ROUTE 303 AND ADJOINING PROPERTIES / BIEBER

 

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

 

RESOLVED, upon the request of the petitionor, this public hearing is hereby continued to the TBWS/RTBM of December 17, 2019 at 8:05 p.m.

 

Ayes:          Councilpersons:  Denis Troy, Thomas Diviny

Supervisor Christopher Day

Noes:          None

Abstained:  Councilman Paul Valentine

Absent:       Councilman Jerry Bottari

 

 

 

RESOLUTION NO. 631

OPEN CONTINUATION OF PUBLIC HEARING

PROPOSED TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING ORDINANCE FOR PEARL RIVER, NY

 

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

 

RESOLVED, that the public hearing regarding the proposed Transit Oriented Development (TOD) Zoning Ordinance for Pearl River, NY is hereby opened.

 

Ayes:     Councilpersons:  Paul Valentine, Denis Troy, Thomas Diviny

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

Supervisor Day said these preliminary public hearings allowed us to have a document to send for environmental reviews and traffic studies.  Another set of hearings will be scheduled so the results can be taken into account and the Town Board can make edits.  Changes to the initial scheme were density in particular areas; developing in TOD-MUR3 and OR3 zones, there will be a 5% bonus in density for using permeable paving, high-efficiency windows, HVAC systems, LED lighting; rain gardens and rainwater harvesting.  A 10% bonus will be given for use of solar panels and geothermal energy.  Green roofs will earn a 15% bonus; and LEED certified will get a 25% bonus.  The maximum bonus is 25%.

 

 

SUMMARY OF COMMENTS:

Mike Mandel, Pearl River – requested the map be revised, omitting the Central Avenue Field, the Firehouse and two parking lots, from being re-zoned.  He requested more consideration be given to parking spaces for businesses and in the present parking lots.

John Sullivan, Pearl River, believes the TOD will not benefit anyone.  There are illegal occupancies above retail stores and businesses.  There is no parking and only a one-track train.

Mary Dolan, Pearl River – most of the stores have not changed, bars & restaurants look good, property owners are not going to change the buildings.  We do not have sufficient commuter service and the fees are always increasing.  We do have plenty of illegal apartments.

Brian Campbell, Pearl River and President of the Pearl River Chamber of Commerce, thanked the Town Board for their support.  The Chamber asked the Town for help to revitalize downtown Pearl River to encourage more foot traffic and millennial housing.  The zoning is the one thing the Town can control and how Pearl River can look in the future.

 

 

 

 

RESOLUTION NO. 632

CLOSE / CONTINUE PUBLIC HEARING / PROPOSED TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING ORDINANCE FOR PEARL RIVER, NY

 

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

 

RESOLVED, the public comments portion of this public hearing is closed and the public hearing will continue at the TBWS/RTBM of December 17, 2019 at 8:10 p.m.

 

Ayes:     Councilpersons:  Thomas Diviny, Denis Troy, Paul Valentine,

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

RESOLUTION NO. 633

APPROVE SETTLEMENT OF CLAIM

WALTER AND MAYLENE KLEIN

 

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

 

RESOLVED, that upon recommendation of the Town Attorney and DEME, the Town Board hereby approves the settlement of a claim by Walter and Maylene Klein, 122 North Magnolia Street, for the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) with respect to damage sustained at their property from a sewer back up on a Town-Owned Line Rd.

 

Ayes:     Councilpersons:  Thomas Diviny, Paul Valentine, Denis Troy

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 634

APPROVAL / RENEWAL AGREEMENT

FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY

GHD ORANGEBURG LLC / COMPUTER COLOCATION SERVICES

 

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

 

RESOLVED, that upon the recommendation of the Director of Automated Systems, the Town Board hereby approves the renewal of the Town’s agreement with Fifteenfortyseven Critical Systems Realty for computer colocation services provided by GHD Orangeburg LLC for a term of 36 months at an initial cost of $1,115.02 per month. Service fees shall increase on each 12- month anniversary of the Service Commencement Date in an amount equal to the greater of three percent (3%) or CPI; and be it

 

FURTHER RESOLVED, that the Town Supervisor is authorized to sign the above-referenced agreement.

 

Ayes:     Councilpersons:  Denis Troy, Paul Valentine, Thomas Diviny

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

 

 

 

RESOLUTION NO. 635

APPOINT KATHERINE FAIRCLOUGH

CLERK STENOGRAPHER / HIGHWAY DEPARTMENT

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, appoint Katherine Fairclough to the position of Clerk Stenographer in the Highway Department from RC EL#18070, at a Grade 4, Step 1 and a salary of $42,782.00, effective December 5, 2019.

 

Ayes:     Councilpersons:  Paul Valentine, Denis Troy, Thomas Diviny

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 636

APPOINT / ROBERT S. ARMSTRONG / FIREFIGHTER

BLAUVELT VOLUNTEER FIRE COMPANY

 

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

 

RESOLVED, upon the recommendation of the Blauvelt Fire Dept., ROBERT S. ARMSTRONG is hereby appointed to the position of Firefighter, with the Blauvelt Volunteer Fire Company.

 

Ayes:     Councilpersons:  Paul Valentine, Thomas Diviny, Denis Troy

Supervisor Christopher Day

Noes:     None

Absent:  Councilman Jerry Bottari

 

 

RESOLUTION NO. 637

ENTER EXECUTIVE SESSION / LITIGATION & PERSONNEL MATTERS

 

In attendance, at this Executive Session, were Supervisor Christopher Day, Councilpersons Denis Troy, Thomas Diviny, and Paul Valentine, Michael Lawler, Rob Magrino and Teresa Kenny.

 

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

 

RESOLVED, at 9:06 pm, the Town Board entered Executive Session to discuss litigation and personnel matters.

 

Ayes:      Supervisor Christopher Day

Councilpersons Thomas Diviny, Denis Troy, Paul Valentine

Noes:      None

Absent:   Jerry Bottari

 

RESOLUTION NO. 638

RE-ENTER RTBM / ADJOURNED / MEMORY

 

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

 

 

 

RESOLUTION NO. 638 – Continued

 

RESOLVED, at 9:27 pm, the Town Board -entered the Regular Town Board Meeting and immediately thereafter adjourned in memory of Luca Taffuri, Pearl River; Karen Engellenner, Pearl River; and Joseph Greeley, Blauvelt.

 

Ayes:      Supervisor Christopher Day

Councilpersons Thomas Diviny, Denis Troy, Paul Valentine

Noes:      None

Absent:   Jerry Bottari

 

 

 

 

 

 

 

_________________________________

            Rosanna Sfraga, Town Clerk