Meeting Overview

 

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, OCTOBER 1, 2019

This meeting was opened at 7:07 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:

Amanda Hyland, Supervisor’s Confidential Assistant

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

Matthew Lenihan, Computer Network Specialist

Donald Butterworth, Police Captain

 

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

 

ANNOUNCEMENTS:

 

Pearl River Farmer’s Market, sponsored by the Town of Orangetown and the Pearl River Chamber of Commerce.  Open every Sunday, from 10 am to 3 pm, through November 24^th.  The stretch of North William Street (between Washington Ave and Central Ave) will be blocked off and closed to vehicular traffic, during the hours of 7:00 am through 4pm each Sunday.  Locally sourced vendors will be gathering at the market to sell fresh produce and other farmer’s market items.  The new market place will serve as a healthy and fun meeting place for residents, while also promoting all that downtown Pearl River has to offer.  Occasionally, the Market will be accompanied by live music and other amusements.

 

Tappan Players at the Barn, a local theater group that performs in the Manse Barn, 32 Old Tappan Road, Tappan, NY is opening this weekend. This year’s production is a hysterical comedy called “Twentieth Century” and the shows are Saturday (Oct 5th) at 8:00 P.M. and Sunday (Oct 6th) at 3:00 P.M. General Admission is $18.00; Seniors and Children under 12 are $10.00

 

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.

 

October 12, 2019 (Saturday) / Pearl River Day / Central Avenue / 11 am to 6 pm.

 

October 19, 2019 (Saturday) from 8:00 A.M. – 12:00 P.M. – FREE Shredding Event at Orangetown Town Hall held by the Town Clerk’s Office. WE WILL ALSO BE ACCEPTING NON-PERISHABLE FOODS OR CASH DONATIONS FOR PEOPLE TO PEOPLE (local food pantry). No Businesses / Limit of Three (3) Boxes

 

Continue Public Hearing / TBWS/RTBM of October 22, 2019 at 7:50 p.m. / Proposed Zone Change for 576 route 303 and adjoining properties / (Bieber)

 

Public Hearing / TBWS/RTBM of October 22, 2019 at 8:00 P.M. / 2020 One Year Contract / Blauvelt Fire Protection District.

 

Public Hearing / TBWS/RTBM of October 22, 2019 at 8:10 P.M. / 2020 One Year Contract / Orangetown Library Districts (Blauvelt, Orangeburg, Tappan and Palisades)

 

Public Hearing / TBWS/RTBM of October 22, 2019 at 8:20 P.M. / 2020 Preliminary Budget

 

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 to honor local veterans

 

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:

Councilman Tom Diviny presented a Proclaimation to the family of PATRICK McGOVERN, dedicating Old Orangeburg Rd. as “Patrick McGovern Drive”.

RESOLUTION NO. 522                                          DESIGNATE / INSTALL MEMORIAL SIGN / OLD ORANGEBURG ROAD  “PATRICK McGOVERN DRIVE”

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

WHEREAS, New York City Police Officer Patrick Thomas McGovern served 19 years with the NYPD and was assigned to the 49th Precinct that responded on Sept. 11, 2001, to the World Trade Center and worked on rescue and recovery efforts in Lower Manhattan for the next three months, fellow NYPD officers said; and

WHEREAS, McGovern was a longtime Orangetown resident, a valued member of the community and a family man who passed away in 2019 after a two year battle with cancer tied to his service as a first responder in the Sept. 11, 2001 terrorist attacks; and

WHEREAS, on 1st of October 2019, the Town Board designated a town roadway in McGovern’s name for a term of five years to honor the deceased with the intention of installing nearby Memorial Street signs to signify the dedication.

RESOLVED, that in honor of the deceased, Old Orangeburg Road is hereby designated as “Patrick McGovern Drive”. The aforementioned designation will expire October 1, 2024.

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

DISCUSSION: WORKSHOP OF AGENDA ITEMS

RESOLUTION NO. 523                                          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:

Legislator Nancy Low-Hogan, does not support any down zoning.  She spoke about the proposed PAC local law, claiming there are two different versions.

Michael Hogan, Chairman of Democratic Committee, is against any overdevelopment.  We do not have the resources to handle a large increase in population.  He urged the Town Board to be careful about overdevelopment.

Susan Nesby, Palisades, is not in favor of revoking the recent zone change HNA received.

Carol Baxter, Palisades, the existing zoning HNA has is low impact to the community.  She supports the existing use of HNA’s property.

Esta Baitler, Sparkill, complimented Barbara Dardzinski (Town Attorney’s Office) regarding her dedication to the Town.

Thom Kleiner, Sparkill, is against closing Broadacres Golf Course and increase in salaries for elected officials.

Mike Mandel, Pearl River, is in favor of closing Broadacres because it is losing money and we have a lot of non-golfers.  He agrees the Ryerson project is over development.  He spoke about Workforce and Low Income Housing.

John Murphy, Pearl River (former Legislator), we need housing for the elderly, which is affordable and in commercial areas.

Eileen Larkin, Palisades, is against salary increases for the elected officials.  She believes that the Reyerson zone change is spot zoning.  The Master Plan and Town Codes are outdated and need to be updated.

Vanessa Lakins, Blauvelt, the petition (Exhibit 10-A-19) opposing the Ryerson zone change has 542 signatures.  The Public Hearing Notification procedure has to change and the Masterplan needs to be looked at.  The residents do not want overdevelopment in Orangetown.

Brendan Cahill, representative from Senator David Carlucci, submitted a letter (Exhibit 10-A-19) from Senator Carlucci opposing the zone change for Reyerson Estates.

Joselyn de lorenzo, Valley Cottage, concerned about overdevelopment in Rockland County.  We do not have the resources and we need to protect the County from overdevelopment.

Elayne Armaniaco, Chairperson of the Greenbush Neighborhood Coalition, informed the Town Board that residents are hoping the Trust for Public Land will coordinate with the land owners, the town, county and state to purchase the Reyerson property and preserve it as a scientific reservation.

Victor Armaniaco, Blauvelt, very happy to hear the Zone Change Petition from Reyerson Estates has been withdrawn.  MFR zoning is high density and it changes the character of the neighborhood.

Jason Rand, Blauvelt, his 4 year old daughter said, It is best to build large tall buildings in New York City (referring to the Reyerson Estates zone change).

RESOLUTION NO. 524                                          CLOSE PUBLIC COMMENT PORTION

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

RESOLVED, that the public portion is hereby closed.

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

RESOLUTION NO. 525                                          OPEN PH / PROPOSED LOCAL LAW COMMUNITY CHOICE AGGREGATION PROGRAM (“CCA”)

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

RESOLVED, that the public hearing regarding the proposed local law to establish a Community Choice Aggregation Program 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-B-19 and made a part of these minutes.

Supervisor Day explained this would reduce costs and provide price certainty, consumer protection and economic development; to give opportunities for consumers; and to promote energy systems (renewable energy, and energy efficiency).  This allows local governments to select the source of electricity and/or natural gas supply on behalf of its residents and small businesses.

SUMMARY OF COMMENTS:

Maria Gagliardi, Environmental Committee, is in support.  This will enable receiving grants and 1/3 of the County will be getting renewable energy.

Glenn Weinberg, Joule Assets, Inc., would be the administrator of this program.  They will help businesses, the community and individuals to find utilities at a lower rate than Orange & Rockland.  Joule Assets will bid in the competitive market for reduced fixed rates.  Orange & Rockland pays Joule not the Town.  The Town and consumers have control.

Mike Mandel, Pearl River, asked, if there is a peak demand, is our power going to be cut down or are there going to be spot blackouts; and is the administrator’s going to be a fixed rate paid by the consumer?

Melissa Caboozi, MNR Energy, speaking on behalf of the competitive market.  Consumers can shop for themselves and pay less than a Community Choice Aggregation Program.  There are tools out there that the Public Service Commission offers to their consumers to look at prices in a competitive market.  There is nothing better than the competitive market.

Heather Hurley, Environmental Committee – Joule’s website lists Biomass sources, which is incomplete, because it fails to mention municipal solid waste.  Biomass is not always accepted as a clean energy source.  It can consist of the burning of plant waste, trees, non-food sources, medical waste and solid waste.  She asked, does Joule make money from the Town or commission from the energy suppliers and does the Town have the authority to limit any CCA contracts to certain carriers of energy?  She is opposed to this program.

Eileen Larkin, Palisades, asked for more clarification on this program.  She wishes this be tabled until the community gets more educated about this program.

Thom Kleiner, Sparkill, is in favor of this program.  He believes this will be beneficial to the residents of Orangetown.

Joselyn de lorenzo, Valley Cottage, explained that New York State is mandating that we stop using fossil fuels.  Fossil fuels is very damaging.

Robert Tompkins, Pearl River, asked whether we as an individual are locked into any plan.

Glenn Weinberg, Joule Assets, Inc., answered the questions that were raised during public comment portion and from the Town Board members.

RESOLUTION NO. 526                                          CLOSE PHEARING / PROPOSED LOCAL LAW / COMMUNITY CHOICE AGGREGATION PROGRAM (“CCA”)

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

RESOLVED, that the public hearing is hereby closed.

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

RESOLUTION NO. 527                                          DESIGNATE LEAD AGENCY / ADOPT NEGATIVE DECLARATION  CHAPTER 7C / COMMUNITY CHOICE AGGREGATION (“CCA”)

Councilman Valentine 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 to add to the Town Code Chapter 7C to be entitled “Community Choice Aggregation Program” to facilitate and implement the Town’s participation in NYSERDA’s Community Choice Aggregation Program which enables municipalities to select the source of its electricity and/or natural gas supply on behalf of its residents and small businesses; and

WHEREAS, on or about August 20, 2019, pursuant to Town Board Resolution No. 419/2019, 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 change in the zoning law,

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 Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

TOWN OF ORANGETOWN, ROCKLAND COUNTY LOCAL LAW

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 Local Law No. 5 of 2019 of the Town of Orangetown, adding to the Town

Code Chapter 7C entitled “Community Choice Aggregation Program” SEQRA STATUS:

Unlisted Action

DESCRIPTION OF ACTION:

The proposed action amending the Town Code will empowers the Town of Orangetown to participate in the NYSERDA Community Choice Aggregation Program, which permits the Town to select the source of electricity and/or natural gas supply on behalf of its residents and small businesses, reflecting local resources, priorities, and challenges. Energy delivery shall remain the responsibility of the Distribution Utility

DETERMINATION:

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

REASONS SUPPORTING THIS DETERMINATION:

CCA puts control of choosing energy supply in local hands. There are no physical changes to the apparatus or electrical supply infrastructure.

POTENTIAL IMPACTS DETERMINED NOT TO BE SIGNIFICANT – None

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. 528                                          ADOPT / LOCAL LAW NO. 5 OF 2019, ADDING CHAPTER 7C / COMMUNITY AGGREGATION PROGRAM

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

WHEREAS, the Town having determined it is in the best interests of its residents and small businesses to participate in NYSERDA’s Clean Energy Communities (CEC) Program, which includes adopting legislation authorizing the Town’s participation in a Community Choice Aggregation Program which replaces the utility as the default supplier of electricity (although remaining responsible for energy delivery and billing) and establishes the authority for the Town, on its own or in collaboration with other local governments, to select thorough competitive solicitation, one or more energy suppliers on behalf of participating customers, in an effort to lower and stabilize energy costs, encourage local clean energy innovation and investment, and reduce environmental impact,

NOW THEREFORE BE IT RESOLVED that the Town Board hereby adopts Local Law No. 5 of 2019, by creating Chapter 7C to be added to the Town Code to be entitled “Community Choice Aggregation Program”.

Ayes:      Councilpersons Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

LOCAL LAW NO. 5 of 2019

A LOCAL LAW TO ESTABLISH A COMMUNITY CHOICE AGGREGATION PROGRAM

FOR THE TOWN OF ORANGETOWN

Be it enacted by the Town Board of the TOWN OF ORANGETOWN as follows:

Section 1.  The Code of the Town of Orangetown is hereby amended by adding a new Chapter 7C, entitled “COMMUNITY CHOICE AGGREGATION PROGRAM,” to read as follows:

 

ARTICLE I

• 7C-1. Legislative Findings; Intent and Purpose; Authority.

1. It is the policy of both the Town of Orangetown and the State of New York to reduce costs and provide price certainty for the purpose of consumer protection and economic development, to expand access and opportunities for consumers in retail energy markets, as well as to promote the sustainability and resilience of energy systems through the proliferation of renewable energy, energy efficiency, and Distributed Energy Resources. Among the initiatives that may advance these objectives in New York is Community Choice Aggregation (Hereinafter “CCA”), a policy that empowers local governments to select the source of electricity and/or natural gas supply on behalf of its residents and small businesses, reflecting local resources, priorities, and challenges. Energy delivery shall remain the responsibility of the Distribution Utility.
2. This Chapter establishes the authority for the Town of Orangetown, in connection with the implementation a CCA Program, to acquire utility data; to select, through competitive solicitation, one or more energy Supplier(s) on behalf of Participating Customers within the Town of Orangetown; and to maximize value for Participating Customers through enhanced services related to Distributed Energy Resources. The Town may choose to collaborate with other local governments to form an intermunicipal CCA Program. By establishing a CCA Program, Participating Customers will have the opportunity to lower and stabilize their energy costs, to spur local clean energy innovation and investment, and to reduce their environmental impact; thereby, fulfilling the purposes of this Chapter and fulfilling an important public purpose.
3. The Town of Orangetown is authorized to implement this COMMUNITY CHOICE AGGREGATION PROGRAM pursuant to Section 10(1)(ii)(a)(12) of the New York Municipal Home Rule Law; and consistent with State of New York Public Service Commission Case No. 14-M-0224, Proceeding on Motion of the Commission to Enable Community Choice Aggregation Programs (issued April 21, 2016) as may be amended, including subsequent orders of the Public Service Commission issued in connection with or related to Case No. 14-M-0224.
4. This Chapter shall be known and may be cited as the “COMMUNITY CHOICE AGGREGATION PROGRAM Law of the Town of Orangetown”.

• 7C-2. Definitions.

For purposes of this Chapter, and unless otherwise expressly stated or unless the context otherwise requires, the terms in this Chapter shall have the meanings employed in the State of New York Public Service Commission’s Uniform Business Practices or, if not so defined there, as indicated herein:

1. AGGREGATED DATA means aggregated and anonymized information relating to electricity and/or gas consumption including, but not limited to, the number of consumers by service and rate class, the aggregated peak demand (kW) (for electricity) by month for the past 12 months by service and rate class, and the aggregated energy (kWh) for electricity or volumetric consumption for gas by month for the past 12 months by service and rate class.

 

1. COMMUNITY CHOICE AGGREGATION PROGRAM or CCA Program means the Community Choice Aggregation Program enabled by this Local Law.

 

1. CCA ADMINISTRATOR means Town of Orangetown or third party CCA administrator duly authorized to administer the CCA Program including without limitation to request Aggregated Data and Customer Specific Data; to competitively solicit Suppliers for the aggregated demand for electricity and/or natural gas on behalf of Default Consumers; and to offer Participating Customers additional opportunities to participate or enroll in programs or projects related to DER. The CCA Administrator shall be responsible for program organization, administration, procurement, communications, and for meeting all requirements for program implementation specified in the PSC CCA Order, unless otherwise specified.

 

1. CUSTOMER SPECIFIC DATA means customer-specific information, personal data and utility data for Default Customers including customer of record’s name, mailing address, telephone number, account number, and primary language, if available, and any customer-specific alternate billing name, address, and phone number.

 

1. DEFAULT CUSTOMER means a consumer of electricity and/or natural gas services within opt-out eligible service classes (as delineated in the PSC CCA Order), who receives supply service from the Distribution Utility as of the date that the Supply Contract goes into effect, or a consumer within these service classes who subsequently becomes eligible to become a Participating Customer in the CCA Program including a consumer who has terminated a supply contract with an ESCO; a consumer who has removed a freeze or block on consumer’s account; a consumer who has voluntarily suspended service pursuant to a special rate; or a consumer who becomes a new resident of the Town of Orangetown after the Supply Contract goes into effect. None of the following are considered a Default Customer and will not be enrolled on an opt-out basis: a consumer within opt-out eligible service classes who receives supply service from an ESCO as of the date that the Supply Contract goes into effect; a consumer who has placed a freeze or block on consumer’s account; and a consumer for whom enrollment in the CCA Program would interfere with a choice consumer had already made to take service pursuant to a special rate. For the avoidance of doubt, a Default Customer must reside or be otherwise located at one or more locations within the geographic boundaries of the Town of Orangetown, as such boundaries exist as of the date the Supply Contract goes into effect.

 

1. DISTRIBUTED ENERGY RESOURCES or DER means local renewable energy projects, community distributed generation (e.g. shared solar), peak demand management, energy efficiency, demand response, energy storage, community resilience microgrid projects, and other innovative Reforming the Energy Vision (“REV”) initiatives of the State of New York that further engage and/or reduce cost of service for Participating Customers, optimize system benefits, and/or address infrastructure and demand challenges within geography of the CCA Program.

 

1. DISTRIBUTION UTILITY means the owner or controller of the means of distribution of the natural gas or electricity in the Town of Orangetown. The Distribution Utility also serves as the default supplier of electricity and natural gas preceding the establishment of a CCA Program.

 

1. ESCO or ENERGY SERVICES COMPANY means an entity duly authorized to conduct business in the State of New York as an ESCO

 

1. MUNCIPALITY means the Town of Orangetown.

 

1. PARTICIPATING CUSTOMERS means Default Customers of the CCA Program who have not opted out, and non-Default Customers of any service class who have voluntarily enrolled in the CCA Program.

 

1. PSC CCA ORDER means the PSC’s Order Authorizing Framework for Community Choice Aggregation Opt-Out Program, issued on April 21, 2016 in Case 14-M-0224, “Proceeding on Motion of the Commission to Enable Community Choice Aggregation Programs.”

 

1. PUBLIC SERVICE COMMISSION or PSC means the New York State Public Service Commission.

 

1. SUPPLIER means an ESCO that procures electric power and/or natural gas for Participating Customers in connection with this Chapter or, alternatively, a generator of electricity and/or natural gas or other another entity that procures and resell electricity or natural gas.

 

1. SUPPLY CONTRACT means a contract for the supply of electric power or natural gas entered into between a Supplier and the Town of Orangetown.

 

1. SUPPLY CONTRACT DATE means the date when electric power and/or natural gas is first delivered to Participating Customers in connection with the CCA Program.

• 7C-3. Authorization of a Community Choice Aggregation Program.

1. A Community Choice Aggregation Program is hereby authorized by the Town of Orangetown, which the Municipality may implement to the full extent permitted by the PSC CCA Order, as set forth more fully herein.

 

1. The Town of Orangetown may enter into contracts with one or more Suppliers and other providers of services on behalf of Participating Customers.

 

1. The Town of Orangetown may enter into agreements and contracts with other municipalities, non-profits, consultants, and/or other third parties to i) develop and implement the CCA Program, ii) act as CCA Administrator, and/or iii) develop offers of opt-in DER products and services to Participating Customers.

 

1. The operation and ownership of the utility service shall remain with the Distribution Utility. The Town of Orangetown’s participation in the CCA Program constitutes neither the purchase of a public utility system, nor the furnishing of utility service. The Town of Orangetown shall not take over any part of the electric or gas transmission or distribution system and shall not furnish any type of utility service, but will instead negotiate with Suppliers on behalf of Participating Customers.

 

1. The Public Service Commission supervises retail markets and participants in these markets through legislative and regulatory authority and the Uniform Business Practices, which includes rules relating to the eligibility of participating ESCOs, the operation by which ESCOs provide energy services, and the terms on which customers may be enrolled with ESCOs.

• 7C-4. Eligibility.

1. All Default Customers shall be enrolled on an opt-out basis. Default Customers will have the right to opt out before the Supply Contract goes into effect, or dis-enroll any time thereafter with no penalty. Default Customer who do not opt out before the Supply Contract goes into effect will be enrolled automatically.

 

1. All non-Default Customers within the Town of Orangetown, regardless of service class, shall be eligible to participate in the CCA Program on an opt-in basis.

 

1. The CCA Administrator shall issue one or more requests for proposals to Suppliers to provide energy to participants and may then award a contract in accordance with the CCA Program, this Local Law, and the PSC CCA Order.

• 7C-5. Opt-Out Process.

1. The CCA Administrator shall cause the mailing of a program notification letter, printed on municipal letterhead, to Default Customers at least 30 days prior to customer enrollment. The letter shall include information on the CCA Program and the Supply Contract signed with the selected Supplier(s) including specific details on rates, services, contract term, and methods for opting out of the CCA Program. The letter shall explain that Default Customers who do not opt out will be enrolled in the CCA Program under the Supply Contract terms and that information on those customers, including energy usage data, will be provided to the ESCO.

 

1. After the 30 day opt-out period, all Participating Customers shall have the option to dis-enroll from the CCA Program at any time without penalty.

• 7C-6. Data Protection Requirements.

1. CCA Administrator may request Aggregated Data and Customer Specific Data from the Distribution Utility.

 

1. Customer Specific Data shall be protected in a manner compliant with, collectively, (i) all national, state and local laws, regulations or other government standards relating to the protection of information that identifies or can be used to identify an individual Default Customer or Participating Customer that apply with respect to the Town of Orangetown or its representative’s processing of confidential utility information; (ii) the Distribution Utility’s internal requirements and procedures relating to the protection of information that identifies or can be used to identify an individual Default Customer or Participating Customer that apply with respect to the Town of Orangetown or its representative’s processing of confidential utility information; and (iii) the PSC CCA Order and PSC rules, regulations and guidelines relating to confidential data. The Town of Orangetown shall enter into an agreement with the Distribution Utility that obligates each party to meet the above provisions of this paragraph.

• 7C-7. Administration Fee.

The CCA Administrator may collect, or cause to be collected, funds from Participating Customer payments to pay for administrative costs associated with operating the CCA Program.

• 7C-8. Reporting.

1. The CCA Administrator shall prepare and file with the Town of Orangetown Town Board an annual report by March 31 of each year concerning the operations of the CCA Program for the previous calendar year.

 

1. Each annual report shall include, at a minimum, the following: number of Participating Customers served; number of Participating Customers cancelling; number of complaints received; commodity prices paid; value-added services provided (e.g. installation of DER or other clean energy services); and administrative costs collected. The first annual report shall also include the number of customers who opted-out in response to the initial opt-out letter or letters.

 

1. If a Supply Contract will expire less than one year following the filing of an annual report, the report shall describe current plans for soliciting a new Supply Contract, negotiating an extension, or terminating the CCA Program.

• 7C-9. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State.

• 7C-10. 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.

 

RESOLUTION NO. 529                                          AUTHORIZE / DESIGNATION OF JOULE ASSETS INC. AS COMMUNITY CHOICE AGGREGATION (“CCA”) PROGRAM ADMINISTRATOR

 

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

RESOLVED, to authorize the Town Supervisor to sign a Service Agreement with Joule Assets Inc. Community Choice Aggregation Program Administrator, pending approval of the Town Attorney and confirmation of the filing of Local Law No. 5 of 2019 with New York Secretary of State.

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

RESOLUTION NO. 530                                          OPEN PH / ADOPT NYS UNIFIED SOLAR PERMIT

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

RESOLVED, that the public hearing regarding the proposed local law to adopt a NYS Unified Solar Permit is hereby opened.

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Postings and comments from Rockland County Department of Planning; which are labeled Exhibit 10-C-19 and made a part of these minutes.

 

Barbara Gionta, Deputy Town Attorney, explained that this proposed local law is to advance and protect the public health, safety, and welfare of Orangetown, by creating regulations for the installation and use of solar energy generating systems and equipment.

 

SUMMARY OF COMMENTS:

Mike Mandel, Pearl River, the proposed local law talks about tree cutting and materials for roadways.  There should be some clarity regarding minimum tree cutting and suggestions for roadway materials.

 

RESOLUTION NO. 531                                          CONTINUE / PH / ADOPT NYS UNIFIED SOLAR PERMIT

 

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

 

RESOLVED, that the public hearing regarding the adoption of a standard NYS Unified Solar Permit is hereby continued to TBWS/RTBM of October 22, 2019 at 7:45 P.M.

 

Ayes:      Councilpersons Bottari, Diviny, Troy, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 532                                          OPEN PH / LOT AND BULK CONTROLS FOR PAC DEVELOPMENTS

 

Councilman Diviny 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 Diviny, Valentine, Troy, Bottari

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk, presented the Affidavits of Publication and Posting and comments from Rockland County Department of Planning and Town of Clarkstown, Department of Planning; which are labeled Exhibit 10-D-19 and made a part of these minutes.

 

Supervisor Day explained that this amendment will allow only the Town Board to have control over the minimum lot area, maximum floor area ratio (the maximum floor area ratio cannot be more than 1.25) and/or maximum density.

 

 

SUMMARY OF COMMENTS:

Brian Quinn, Attorney, disagrees with the Rockland County Department of Planning comments.  The Town Board granted, Galway Bay Contracting (Dionne’s Way, LLC), PAC Zoning, with conditions (Exhibit 10-E-19), in Pearl River and the Orangetown Planning Board approved it.  The Zoning Board is not familiar with PAC Zoning and decision making should stay with the Town Board.

Thom Kleiner, Sparkill, the existing PAC zoning is very beneficial to the Town.  How much additional density would this amendment permit the Town Board to pass in a “CS” district?  Why does the Town Board think this amendment is beneficial to the Town?

Ed O’Dea, Pearl River, supports PAC zoning in downtown Pearl River.  Hopefully, more businesses will come and Pearl River will not look like a ghost town.

 

RESOLUTION NO. 533                                          CONTINUE PH / PROPOSED LOCAL LAW / LOT AND BULK CONTROLS FOR PAC DEVELOPMENTS

 

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

 

RESOLVED, that the public hearing is hereby continued to TBWS/RTBM of October 22, 2019, at 8:25pm.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 534                                          OPEN CONTINUATION OF PH PROPOSED ZONE CHANGE RYERSON ESTATES / 636 N GREENBUSH ROAD / BLAUVELT (65.15/1/1)

 

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

 

RESOLVED, that the continuation of this public hearing is hereby opened.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 535                                          CLOSE PH / PROPOSED ZONE CHANGE / 636 N GREENBUSH ROAD / BLAUVELT (65.15/1/1) RYERSON ESTATES

 

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

 

RESOLVED, that this public hearing regarding the proposed zone change of 636 N.

Greenbush Rd., Blauvelt (Tax lot 65.15/1/1) is hereby closed, based upon receipt of letter from applicant, dated October 1, 2019 (Exhibit 10-F-19), indicating withdrawal of his petition.  No further action will take place on this Zone Change Petition.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 536                                          OPEN PH / PROPERTY MAINTENANCE APPROVE PROPOSAL / 38 HORAN PLACE, TAPPAN

 

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

 

RESOLVED, that the public hearing is hereby opened.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

Rosanna Sfraga, Town Clerk, presented the Affidavit of Posting; which is labeled Exhibit 10-G-19 and made a part of these minutes.

 

SUMMARY OF COMMENTS:

Kevin Reid, neighbor, gave a property maintenance history of this property.  On this property there are wild animals, insects and pests, and the weeds and grass are 8 feet tall.  The Landscapers stopped maintaining the property due to non-payment.  In 2016, he filed a non-maintenance property complaint with the Building Department.  He urged the Town Board to do something for the safety of the neighborhood.

Tom Farula, neighbor, is concerned about health and safety for his family due to the conditions of this property.

Janice and Joe Martin, neighbors, are very frustrated with the procedure and responses from the Town.  No one wants to be exposed to this dangerously unhealthy conditions (wild animals, insects, pests).  It’s probably better for the property to be exterminated first.

 

 

RESOLUTION NO. 537                                          CLOSE PH / APPROVE PROPOSAL PROPERTY MAINTENANCE / 38 HORAN PLACE, TAPPAN

 

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. 538                                          APPROVE / PROPOSAL – PROPERTY MAINTENANCE / 38 HORAN PLACE, TAPPAN

 

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

 

WHEREAS, on or about January 17, 2019, the owner of the property located at 38 Horan Place, Tappan, New York, was served with a Notice of Violation by OBZPAE advising the owner that they were in violation of the Property Maintenance provisions of the Town Code regarding landscaping, vacant structures and the parking and storage of vehicles, and

 

WHEREAS, the condition at the property has never been addressed and remains in violation of the Property Maintenance Code, and

 

WHEREAS, the Town Board, pursuant to Town Board Resolution 2019-409, as amended by Town Board Resolution 2019-484, having voted to hold a Public Hearing on October 1, 2019, pursuant to the relevant provisions of Chapter 24C-15 of the Town Code for the purposes of determining if the Town should take action to remedy the existing conditions at the property and charge the cost thereof to the property owner pursuant to Chapter 24C-15,

 

NOW THEREFORE BE IT RESOLVED, that, upon the holding of a Public Hearing pursuant to Chapter 24C-15 of the Town Code, the Town Board finds that the property located at 38 Horan Place, Tappan, New York, continues to be in violation of the Property Maintenance provisions of the Town Code and has determined that, after proper notice, it is appropriate for the Town to , take such measures as are appropriate to remedy the offending condition or conditions at the subject property, in accordance with the a and charge the cost to the owner of the property, and

 

BE IT FURTHER RESOLVED that the Town Board hereby accepts the proposal of

Edge Landscaping, dated August 1, 2019 , incorporated by reference herein, to remedy the condition at the subject property, and further authorizes other property maintenance services as may be necessary, said authorization not to exceed $15,000.00 and that the Director of OBZPAE or her designee is authorized to make arrangements and sign any documents necessary to carry out the terms of this resolution, and that any costs incurred as a result shall constitute a lien on the property in accordance with Chapter 24C-15..

 

Ayes:      Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 539                                          HOLD HARMLESS &  INDEMNIFICATION AGREEMENT / PATRICK & DENISE LENIHAN / 56 E. CARROLL STREET, PEARL RIVER, NY (68.12-2-29)

 

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

 

WHEREAS, Patrick Lenihan and Denise Lenihan, the property owners of property located at 56 E. Carroll Street, Pearl River, New York, have applied to the Town Highway Department for permission to have a hot tub constructed on an existing concrete slab, and upon review, said slab is on an existing Town easement; and

 

WHEREAS, the matter has been reviewed by the Town Highway Department and the Highway Department has required that the slab and proposed hot tub may remain at its current location provided the owners of the property provide to the Town an indemnification and hold harmless agreement,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town hereby grants to 56 E. Carroll Street, Pearl River, New York (68.12-2-29) , a revocable license, in the form of a Covenant, Hold Harmless and Indemnification Agreement, which provides in sum and substance the concrete slab currently existing in the Town’s easement, and the proposed hot tub, may remain and the owners of the property, Patrick Lenihan and Denise Lenihan, must defend, indemnify and hold harmless the Town for any damage related thereto and caused thereby, and that said structures wall must be removed upon notice as set forth therein, otherwise to be removed by the Town at the expense of the property owner and,

 

BE IT FURTHER RESOLVED, that the Supervisor or his designee is hereby authorized to execute the Covenant, Hold Harmless and Indemnification Agreement and any and all other documents necessary in order for same to be recorded in the Rockland County Clerk’s Office, at the expense of the owner.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 540                                          LEND ASSISTANCE / 2019 SOUTH ORANGETOWN DAY / MANSE BARN TAPPAN

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways and the Chief of Police, that the Town Board hereby authorizes said departments to lend assistance which includes the use of barricades, trash barrels, cones, (1) dumpster & message board from the Highway Dept., & auxiliary police and use of the light tower from OPD. Also, the distribution of greenwaste bags & recycling bins, for the South Orangetown Day event to be held on Saturday, October 19, 2019, from 11 am – 6 pm, at the Manse Barn.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 541                                          LEND ASSISTANCE / 2019 MICKEY SULLIVAN 5K / PEARL RIVER

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways, that the Town Board hereby authorizes said department to lend assistance which includes barricades, cones and barriers, for the Mickey Sullivan 5K run in Pearl River, to be held on Sunday, October 13, 2019, from 9 am – 1 pm.

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 542                                          RE-DESIGNATE / MEL LIEBMANN PLAZA / S WILLIAM ST / PEARL RIVER

 

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

RESOLVED, that South William Street in Pearl River from Central Avenue to Franklin Avenue is hereby re-designated as Mel Liebmann Plaza, installing of memorial street signs in honor of the deceased to memorialize Mel Liebmann, founder of Mel’s Army Navy Store. The aforementioned designation will expire October 1, 2024.

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 543                                          AWARD BID / DEMOLITION OF BUILDING STRUCTURES / CHIEF BILL HARRIS WAY / ORANGEBURG

 

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

 

WHEREAS, the Superintendent of Parks, Recreation & Building Maintenance duly advertised for sealed bids for Demolition of Building Structures located at 108, 109 & 110 Chief Bill Harris Way, Orangeburg, which were received and publicly opened on August 29^th, 2019; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 10-, and made a part of these minutes.  Now, Therefore, Be It

 

RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation, this bid is hereby awarded to Gentile Construction of Yonkers, NY, the lowest qualified bidder in the amount of $46,500.00.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Day

Noes:      None

 

RESOLUTION NO. 544                                          ACCEPT / RECEIVE / FILE DOCUMENTS / TOWN CLERK’S OFFICE

 

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

 

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

 

1. Town Board minutes: 8/6/19 & 9/3/19 Police Commission / Regular Town Board Meeting; and 8/20/19 & 9/17/19 Regular Town Board Meeting.
2. 2019 Memorandum of Understanding w/ NY Sharks Aquatics (1/1/19-12/31/19).
3. Agreement Addendum with Goldkap Consulting Group, LLC, dated 8/21/19 for agreement dated 12/17/18.
4. Agreement with Donald Butterworth, as Police Chief (5/1/19 – 12/31/22).
5. Agreement with Michael Shannon, as Police Captain (6/5/19 – 12/31/22).
6. Amended Agreement with Pearl River School District for the School Resource Officer (SRO).
7. Agreement with Lothrop Associates LLP, for Architectural & Engineering Services for the Town Hall Expansion.
8. Agreement with Goosetown Communications, for configuration of Police computers (quote 14252) and Sierra Wireless Airlink MP70.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 545                                          APPOINT JANE SLAVIN / DIRECTOR, OFFICE OF BUILDING, ZONING, PLANNING AND ENFORCEMENT PERMANENT

 

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

 

RESOLVED, that the Town Board hereby appoints Jane Slavin to the position of Director, Office of Building, Zoning, Planning and Enforcement, permanent from RC EL #19019, effective October 2, 2019.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

RESOLUTION NO. 546                                          PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Director of Finance, the Finance Office is hereby authorized to pay vouchers for a total amount of two (2) warrants for a total of $2,098,606.43.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 547                                          ENTER EXECUTIVE SESSION     LAND SALE / LITIGATION & PERSONNEL MATTERS

 

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

 

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

 

RESOLVED, at 10:50 p.m. the Town Board entered Executive Session to discuss Land Sale, Litigation and Personnel matters.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 548                                              RE–ENTER RTBM / ADJOURNED  MEMORY

 

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

 

RESOLVED, at 11:05 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of: Rose Fortino, grandmother of Deputy Town Supervisor, Michael Lawler, longtime Resident of Pearl River, and former Town Crossing Guard; and Brian Mulkeen, NYPD Officer from Yorktown, NY

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

_________________________________

    Rosanna Sfraga, Town Clerk