Meeting Overview

TOWN OF ORANGETOWN

 REGULAR TOWN BOARD MEETING

TUESDAY, NOVEMBER 28, 2017

This meeting was opened at 7:30 p.m.  Supervisor Stewart presided and Charlotte Madigan, Town Clerk, called the roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

Supervisor Andrew Stewart

 

Also present:

Charlotte Madigan, Town Clerk

John Edwards, Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Joseph Moran, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation & Building Maint.

 

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

 

Certificates of Recognition were presented to the Pearl River High School Lady Pirates Varsity Soccer Team and their coaches, for their accomplishment as the NY State 2017 Champions.

Katherine Carstensen              Matteson Donnelly                 Allison Ritchie

Deirdre Cowie                                    Kerry Tyer                               Alexis Meredith

Sarah Donovan                       Kate McNally                         Julia Pozzuto

Alyssa Portington                   Emily Andriello                      Tara Guilfoyle

Maeve Woods                         Kayleigh Miedreich                Sarah Lindquist

Caitlin Finucane                      Kylie Grochowski                   Meagan Woods

Kelly Buchan                          Kailey Ritchie                         Catherine Feerick

Alyssa Smith                           Ella Sirakovsky                       Katherine Del Grosso

Kylie McNally                        Ashley Rilley                          Alyssa Smith

Katherine Capone                   Erin O’Sullivan

Coaches:  Timothy Peabody; Lyn Istorico and Shannon Misiaszek

 

RESOLUTION NO. 581                                          OPEN PH/PROPOSED ZONING CODE CHANGE/PLANNING BOARD REVIEW/ANTENNAS ON EXISTING STRUCTURES

 

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

 

RESOLVED that the public hearing on a proposed Local Law amending Chapter 43¸ § 18.5, to require Planning Board review of applications relating to antennas on existing structures in nonresidentially zoned areas is hereby opened.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari bv

Noes:      None

 

Charlotte Madigan presented the Affidavit of Publication and Notice of Posting; copies are labeled Exhibit 11-E-17 and made a part of these minutes.

 

Summary of Public Comments:

Chris Duggan, Pearl River, is in favor of these amendments.  The aesthetics of these must be regulated and he recommended stilt screening, which should be presented to the Boards.

RESOLUTION NO. 582                                          CLOSE PH/CHAPTER 43 §8.15.D PLANNING BOARD REVIEW ANTENNAS ON EXISTING STRUCTURES

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

 

RESOLVED, the public hearing on a proposed Zoning Code change, requiring Planning Board review of applications relating to antennas on existing structures is hereby closed.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 583                                          LEAD AGENCY/SEQRA DECLARATION/ CHAPTER 43 §8.15.D PLANNING BOARD REVIEW ANTENNAS ON EXISTING STRUCTURES

 

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

 

RESOLVED, that for the proposed amendment to Chapter 43¸ § 8.15.D, to require Planning Board review of applications relating to antennas on existing structures in nonresidentially zoned areas, a SEQRA Declaration (Exhibit 11-F-17) of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment, is hereby adopted.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 584                                          AMENDMENT/ CHAPTER 43 §8.15.D PLANNING BOARD REVIEW ANTENNAS ON EXISTING STRUCTURES

 

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

 

RESOLVED, the Town Board amends this proposed local law by adding/changing the following:

 

(b)  A visual depiction and narrative description of the proposed facilities, which ensures, to the extent possible, that the facilities blend into, or are otherwise screened, by surrounding or adjacent structures.

 

(b)(c)  A commitment to collocate or allow colocation wherever possible on all existing and proposed facilities

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Stewart

Noes:      None

RESOLUTION NO. 585                                          ADOPT LOCAL LAW NO. 11, 2017 PLANNING BOARD REVIEW ANTENNAS ON EXISTING STRUCTURES

 

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

 

WHEREAS, the proposed local law has been circulated to the Rockland County Department of Planning for the purpose of review pursuant to General Municipal Law §§ 239- l & m, and the Rockland County Department of Planning has no comments and does not object to the passing of the local law;

 

WHEREAS, pursuant to Town Code Chapter 43, § 10.5, the proposed local law has been circulated to the Town Planning Board, inviting its input regarding, among other things, the implications of such an amendment, and requesting a response within 30-days, and no response having been received;

 

BE IT ENACTED by the Town Board of the Town of Orangetown as follows:
LOCAL LAW NO. 11, 2017

AMENDING CHAPTER 43, § 8.15

OF THE ZONING LAW OF THE TOWN OF ORANGETOWN

TO REQUIRE PLANNING BOARD REVIEW

 OF APPLICATIONS RELATING TO ANTENNAS ON EXISTING STRUCTURES

NONRESIDENTIALLY ZONED AREAS

 

Section 1: Chapter 43 (Zoning) § 8.15.D of the Town Code of the Town of Orangetown, relating to telecommunication facilities, shall be amended to remove the distinction in the application and approval procedure between proposed structures to be located in residential and non-residential zoning areas.  As amended, § 8.15.D shall read:

 

NORMAL = EXISTING LANGUAGE THAT WILL REMAIN

BOLD AND UNDERLINED TYPE = PROPOSED ADDITIONS

STRIKEOUTS = PROPOSED DELETIONS

 

Chapter 43.  Zoning.  Article VIII.  Conditional Use Standards

 

• 8.15. Wireless communication facilities.

 

1. D. Procedure; fee.

(1) All proposals to erect or operate wireless communication facilities shall be accompanied by a facility service plan which shall include information necessary to allow the Planning Board to understand the existing, proposed and long-range plans of the applicant. The facility service plan shall include at least the following information:

 

• The location, height and operations characteristics of all existing facilities of the applicant in and immediately adjacent to the Town.

 

(b) A visual depiction and narrative description of the proposed facilities, which ensures, to the extent possible, that the facilities blend into, or are otherwise screened, by surrounding or adjacent structures.

 

(b)(c)  A commitment to colocate or allow colocation wherever possible on all existing and proposed facilities.

 

(2) In nonresidentially zoned areas, the location of antennas on existing water tanks, power lines, roof tops or any other existing structure may be approved by the Building Inspector upon compliance with all applicable sections of this section and the following:

 

(a) The existing antenna facility complies with the provisions of this article;

 

Local Law No. 11, 2017 – Continued

 

(b) To the extent antennas are being colocated, the consolidated, shared or coused antenna facility complies with the conditions set forth in this article;

 

(c) The planned equipment would not exceed the structural capacity of the existing antenna mounting structure; and

 

(d) The planned equipment will not cause interference with existing equipment.

 

(3)(2)   In residentially zoned areas, aAll proposed antennas and all proposed

antenna towers are subject to the issuance of a special permit by the

Planning Board after review and approval by the Architecture and

Community Appearance Board of Review.

 

(4) In nonresidentially zoned areas, all proposed antenna towers are subject to the issuance of a special permit by the Planning Board after review and approval by the Architecture and Community Appearance Board of Review.

 

(5)(3) The applicant shall provide funds to an escrow account to allow the Building Inspector or the Planning Board to retain such technical experts involving radio frequency as may be necessary to review the proposal, provided that no funds shall be deposited until a scope of work is agreed upon among the applicant, the expert and the Board.

 

(6)(4) The Planning Board is hereby authorized to issue a special permit under the provisions of this article subject to all of the special requirements and conditions herein and any requirements which may be made a part

hereof.

 

(7)(5) Application to the Planning Board for a special permit under this article shall be accompanied by a fee of $250.

 

(8)(6) Prior to or concurrent with the filing of a formal application to the Planning Board to obtain a special permit under this article, the applicant shall submit information needed to meet the requirements of the New York State Environmental Quality Review Act (SEQRA) to the Planning Board, which Board shall determine whether the requirements of

SEQRA have been met. The Planning Board may hold a public hearing under the provisions of SEQRA and this article whenever practicable. In the event that a final SEQRA determination has not been made, no

application for a special permit under this article shall be granted.

 

(9)(7) The Planning Board shall hold a public hearing on due notice within 62 days after submission of a formal completed application, including such technical information from the applicant as may be required by the Planning Board for a special permit under the provisions of this article.

 

Section 2:  This local law shall become effective immediately upon filing with the

Secretary of State.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 586                                            AMEND RESOLUTION NO. 143-2017  STREET NAMING/PRIVATE RD BOBBY SANDS WAY/ORANGEBURG

 

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

 

WHEREAS, the Town Board wishes to amend Resolution 143/2017, adopted March 7, 2017 as follows:

RESOLUTION NO. 586 – Continued

 

WHEREAS, the Rockland Gaelic Athletic Association  Ancient Order of Hibernians was established in 1882; and

 

WHEREAS, the Rockland Gaelic Athletic Association maintains a recreational sports complex offering programs for local athletes of all ages.  Specifically offering Gaelic football, hurling, and camogie sports programs for boys, girls, men and women, in addition to hosting competitions, summer camps and more; Ancient Order of Hibernians has Divisions in Pearl River and Blauvelt; and

 

WHEREAS, the members of the Rockland County Gaelic Athletic Association  Ancient Order of Hibernians desire to designate the road leading to the Gaelic Athletic Association’s Orangeburg sports complex as a private road in honor of a historic Irish figure, and to assist first responders during their response to an emergency on the fields; and

 

WHEREAS, Rockland County 9-1-1 Emergency Services have worked with the Rockland Gaelic Athletic Association’s Ancient Order of Hibernian’s officers to identify primary ingress and egress that if named would assist first responders when they are dispatched by the Orangetown Police Department to an emergency at the GAA Orangeburg sports complex; and

WHEREAS, the Rockland Gaelic Athletic Association Ancient Order of Hibernian members have requested that said private road, as identified on the attached site map, be named Bobby Sands Way; and

 

WHEREAS, Bobby Sands was born in 1954 in Rathcoole, Ireland, a suburban village, near Belfast, Ireland; and

 

WHEREAS, in October 1972, Bobby Sands was arrested and spent three years in the cages of Long Kesh Prison as a political prisoner; and

 

WHEREAS, upon his release in 1976 Bobby Sands returned to his family in Twinbrook, Ireland, set himself to work tackling the social issues which affected the Twinbrook area, and become a respected community activist; and

 

WHEREAS, within six months Bobby Sands was arrested again, taken to Castlereagh and subjected to brutal interrogations for six days; returned to jail, spending the first twenty-two days of his sentence in solitary confinement; and then following the breakdown of talks between the British direct ruler and the Irish Catholic primate, Bobby Sands, along with seven other prisoners began a hunger strike in protest of Great Britain’s treatment of political prisoners, and its occupation of Ireland; and

 

WHEREAS, in 1981, while in prison, Bobby Sands was elected as a Member of Parliament; and

 

WHEREAS, Bobby Sands and his nine comrades died on Hunger Strike in the H-Blocks of Long Kesh Prison so that Ireland’s 800 years of struggle for Irish freedom and unity would not be criminalized by an oppressive English government; and

 

WHEREAS, the deaths of Bobby Sands and the other Hunger Strikers was the precursor to the Good Friday Agreement; and

 

WHEREAS, the Rockland Gaelic Athletic Association Ancient Order of Hibernian members are desirous of recognizing Bobby Sands ultimate sacrifice by designating a private road so that future generations will remember his sacrifice; and

 

WHEREAS, the Gaelic Athletic Association Ancient Order of Hibernians expressly acknowledge that the private road shall not be owned or maintained by the Town of Orangetown; and

 

WHEREAS, the Gaelic Athletic Association Ancient Order of Hibernians acknowledge that the Town of Orangetown has standardized requirements for street signs, and

RESOLUTION NO. 586 – Continued

 

NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Orangetown hereby amends Resolution 143/2017 authorizing and directing that the private road consisting of Orangetown Tax Lot Section 73.12 Block 1 Lot 1 shall be forever named and known as “Bobby Sands Way”, and all future maps depicting said area shall indicate the naming of this private road as “Bobby Sands Way”; and authorizes and directs that any such street sign posted shall follow the Town of Orangetown Highway Department “Requirements for Street Sign Specifications”.

 

Ayes:      Councilperson Troy, Supervisor Stewart

Councilpersons Diviny, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 587                                          SUBSTANCE ABUSE COMMITTEE APPOINT RON GARCIA TO SERVE THE REMAINDER OF JIM ANDREWS’ TERM

 

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

 

RESOLVED, that the Town Board hereby appoints Ron Garcia, the new director at the CANDLE Center, to serve as a member of the Substance Abuse Committee for the remainder of the term of Jim Andrews, who resigned in June 2017, and whose term expires December 31, 2017.

 

Ayes:      Councilpersons Diviny, Bottari, Troy, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 588                                          ORANGETOWN HOUSING AUTHORITY BOARD / APPOINT JOSEPH JUKIC TO SERVE THE REMAINDER OF ROBERT TOMPKINS’ TERMS

 

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

 

RESOLVED, that the Town Board hereby appoints Joseph Jukic to serve as a member of the Orangetown Housing Authority Board for the remainder of the term of Robert Tompkins, who resigned in September 2017, and whose term expires December 31, 2020.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

***

RESOLUTION NO. 589                                          PERFORMANCE BOND RELEASE THE POINTE AT LAKE TAPPAN (THE CLUB AT PEARL RIVER) S.B.L 73.10/1/4-6/BLUE HILL ROAD SOUTH AND VETERANS MEMORIAL DRIVE/PB# 2012-50, 2013-05, 2013-20, 2015-19 AND 2017-56/TOWN BOARD RESOLUTION #2015-216

 

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

 

RESOLVED, Upon the recommendation of the Planning Board (PB#2017-56), the Town Highway Department, DEME, and the Town Attorney’s Office, the Board hereby authorizes the release of The Club at Pearl River, LLC Performance Bond (Pointe at Lake Tappan) issued by

RESOLUTION NO. 589 – Continued

 

International Fidelity Insurance Company as Surety, and The Club at Pearl River, LLC as principal, related to the ‘Pointe at Lake Tappan Site Plan’, at Blue Hill Road South and Veteran’s Memorial Drive, Pearl River, NY Tax Lots 73.10, Block 1 Lots 4-6, which bond was posted by The Club at Pearl River, LLC and accepted by the Town of Orangetown pursuant to Town Board Resolution #2015-216.

 

Ayes:      Councilpersons Bottari, Troy, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

 

RESOLUTION NO. 590                                          RESIGNATION/KENNETH M. TOMEO SUPERVISOR, PARKING AUTHORITY

 

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

 

RESOLVED, that upon the recommendation of the Chief of Police, accept with regret, the resignation of Kenneth M. Tomeo, Supervisor, Parking Enforcement (PT) from the Orangetown Police Department, effective November 2, 2017.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

***

 

RESOLUTION NO. 591                                          SURPLUS ITEMS/PARKS & RECREATION

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Parks, Recreation, and Buildings approve the following items for surplus:

 

1. 2002 Chevrolet Blazer 53,000 miles
   2. 1999 Chevrolet 3500 Van 101,000 miles
   3. Jacobsen Handsgreen Mower (4 units)
   4. John Deere 3215A Fairway Mower
   5. Jacobsen HR 5111 Mower
   6. Toro Pro-Line 36″ Mower
   7. Leaf Loader for pick up truck
   8. Ex-Mark Walk behind 32″ mower
   9. Ford Gas Tractor Model D1123L
   10. Jacobsen Tri-King 1800G Reel Mower
   11. Toro Grounds Pro 2000 Reel Mower
   12. Alamo Flail Grass King Mower
   13. Toro Sidewinder Reel Master 3100
   14. Jacobsen T422 Diesel Mower
   15. John Deere 3ft walk behind plow
   16. Sweepster Tractor Mounted Sweeper
   17. Smithco SprayStar 1600P
   18. Jacobsen LF 3400 fairway mower
   19. Jacobsen LF 100 fairway mover

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

 

***

RESOLUTION NO. 592                                          AWARD BID/ SNOW PLOWING CORTWOOD VILLAGE SENIOR HOUSING COMPLEX/HELMKE INDUSTRIES

 

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

 

WHEREAS, the Superintendent of Parks, Recreation & Building Maint. duly advertised for sealed bids for snow removal at Cortwood Village Senior Housing Complex, which were received and publicly opened on November 27, 2017; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 11-G-17, 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 Helmke Industries of Orangeburg, NY, the only qualified bidder.

 

Ayes:      Councilpersons Troy, Bottari, Diviny, Valentine

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 593                                          INSTALLATION OF TWO BUS SHELTERS/ 250 ROUTE 340 SPARKILL (IN FRONT OF VENTURE)

 

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

 

RESOLVED, that the Town of Orangetown Town Board hereby authorizes the County Department of Public Transportation to install (2) new bus shelters at 250 Route 340, Sparkill, in front of Venture.

 

BE IT FURTHER RESOLVED, that the Town of Orangetown will provide normal maintenance of these new bus shelters (snow removal, garbage pick-up & cleaning).The Town of Orangetown will continue to maintain all the County Bus Shelters throughout the Town (snow removal, garbage pick-up & cleaning).

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 594                                          ACCEPT RESIGNATION/JESSICA GARRECHT/JUSTICE COURT

 

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

 

RESOLVED, the Town Board accepts, with regret, the resignation of Jessica Garrecht, Senior Clerk Typist, Orangetown Justice Court, effective 11/10/2017.

 

Ayes:      Supervisor Stewart

Councilpersons Bottari, Troy, Diviny, Valentine

Noes:      None

***

RESOLUTION NO. 595                                          LEGAL CONSULTANT & INSTRUCTOR ORANGETOWN POLICE/YOUTH COURT/ MR. JOHN MCGOWAN, ESQ.  

 

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

 

 

RESOLUTION NO. 595 – Continued

 

RESOLVED, John W. McGowan Esq., of Pearl River, NY, is hereby appointed to serve as a legal consultant and instructor for the Orangetown Police Department’s sponsored “Youth Court” program, effective November 15, 2017.

 

Ayes:      Councilpersons Troy, Diviny, Valentine, Bottari

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 596                                          SET PUBLIC HEARING DATE DECLARE TOWN BOARD’S INTENT TO SERVE AS LEAD AGENCY UNCOORDINATED REVIEW CHAPTER 14C – FILMING

 

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

 

RESOLVED that the Town Board will hold a public hearing on December 19, 2017, at

8:10 p.m., on a proposed Local Law, as follows, amending Chapter 14C – Filming and declares its intent to serve as Lead Agency for an Uncoordinated Review.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

 

 

PROPOSED LOCAL LAW

AMENDING CHAPTER 14C – FILMING

 OF THE ORANGETOWN TOWN CODE

 

 

Text to be added is underlined

Text to be deleted is struck

 

 

CHAPTER 14C OF THE ORANGETOWN TOWN CODE – FILMING

 

Legislative intent.

 

1. The Town Board of the Town of Orangetown recognizes that the Town’s natural beauty, geographical location and historical sites are attractive to individuals, organizations, corporations, groups and other entities involved in the businesses of still photography, motion pictures and television.

 

1. It is hereby found by the Town Board of the Town of Orangetown that because such filming activities may create a threat to public safety, health or welfare due to the time, location or duration of the filming, or may unduly interfere with vehicular and/or pedestrian traffic, it is necessary to provide for the regulation of the taking of still or motion pictures within the Town through the issuance of permits and that said regulation is a matter affecting the public interest and therefore should be subject to supervision and administrative control for the purpose of safeguarding the public against the impact of such activities

 

• 14C-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated: FILMING — The taking of still or motion pictures, either on film, videotape or similar recording medium, for  commercial purposes intended for viewing on television or in theaters or for institutional use.

 

PUBLIC LANDS — Any and every public street, highway, sidewalk or square, public park or playground or other public place within the Town which is within the jurisdiction of the Town.

 

Proposed Local Law:  Amending Chapter 14C – Filming

 

• 14C-2. Permits.

 

1. A. No person shall film or permit filming within the unincorporated section of Town of Orangetown on  public lands or utilize public lands for  filming on  private property without first obtaining a permit therefor, which permit shall set forth the location of such filming, the date or dates when filming shall take place, the name, address and telephone number of  the applicant, a brief description of the activities, the number of cameras on  the shoot, identify if a feature commercial or industrial shoot, the name of the producer, the type of equipment and props to be used, the number of persons to be employed, specific locations where the work will  be done and vehicles which are to be used, including the description thereof and their license numbers. Any incidental use of public lands that obstructs any public lands or interferes with the use of any public lands requires a permit; provided, however, that nothing contained in this section shall prevent persons from temporarily loading or unloading filming equipment on any public right-of-way, provided that such loading or unloading is done without unnecessary delay, and provided that such filming equipment is not allowed or permitted to remain on such public right-of-way for a period longer than 15 minute

 

1. Permits must be obtained from the Town Clerk Police Chief of the Town of Orangetown, or his designee, during normal business hours. Applications shall be in such form approved by the Town Board and accompanied by a permit fee in the amount established by  the Town Board. Applications for filming at public parks are subject to an additional permit to be completed and approved by the Officeof Parks and Recreation.

 

1. In addition, all applicants for said permits:

 

(1) Must submit their permit applications to the Town Clerk  Police Chief at least seven days in  advance of any anticipated filming; application(s) received less than seven days in advance of any anticipated filming will be accepted at the discretion of the Police Chief and, if approved, subject to an additional fee.

 

(2) Must submit with their application a parking plan map for all vehicles to be parked on all impacted roadways, as well as a traffic detour plan/map: and

 

(3) Are to provide a form notification letter to be distributed by the applicant to all property owners who may be impacted by any filming.

 

1. D. One permit shall be required for each location.

 

1. If a permit is issued and due to inclement weather or other good cause, not within the control of the applicant, filming does not in fact take place on the date or dates specified, the Town Clerk may, at the request of the applicant, issue an amended permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be required for an amended permit under this section.

 

1. Exemptions.

Notwithstanding the requirements of this chapter, the filming activities designated below do not require a permit to be obtained pursuant to this chapter, if such activity does not obstruct or interfere with the use of any public lands. For purposes of this section, the term “obstruct or interfere with the use of any public lands” shall mean any filming activity which impedes or which involves the blockage, interruption or closure, in whole or in part, of any public lands.

 

(1) Filming and coverage by news media.

 

(2) Filming by and intended for the exclusive use of the owner and his/her immediate family.

 

(3) Filming occurring on public lands or on private property resulting in an incidental use of public lands, and involving the use of a handheld device, as defined herein.

 

 

 

Proposed Local Law:  Amending Chapter 14C – Filming

 

• 14C-3. Rules and regulations.

 

1. No permit shall be issued for filming on public lands or for using public lands for filming on private property unless the applicant for such permit provides proof of insurance coverage for bodily injury for any person in the amount of $1,000,000 and for any aggregate occurrence in the amount of $2,000,000 and agrees, in writing, to indemnify and save harmless the Town of Orangetown from any and all liability or damages resulting from the use of such public lands.

 

1. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic and shall provide traffic control personnel and approved traffic control devices as per the New York State Manual of Uniform Traffic Control Devices. The holder of the permit shall also comply with all lawful directives of the Orangetown Police Department.

 

1. The holder of the permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities.

 

1. D. The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the perm

 

1. Unless otherwise permitted pursuant to this chapter, filming in residential zones shall generally be permitted only Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier. , in residential zones.

 

1. The Town Clerk Police Chief may refuse to issue a permit whenever she determines, on the basis of  objective facts and after review of   the application and a report from the Orangetown Police Department, Highway Superintendent. Superintendent of  Parks and Recreation and/or any other Town Department head, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public’s use of the public lands.

 

1. The Police Chief may revoke a permit that has been issued due to permitee failure to comply with permit terms, but any permit fees paid or unpaid remain due.

 

• 14C-4. Violations and penalties.

 

Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed $5,000 and/or to imprisonment for a term not to exceed 90 days, or both.

 

• 14C-5. Fees.

 

1. The applicant shall pay to the Town Clerk Police Chief all fees set forth by Town Board resolution (see footnote1). In addition, filming in any public park is subject to fees as per town board resolution described in §14-1, payable to the Office of Parks and Recreation at the time the park permit is approved.

 

1. If the applicant intends to change his or her activities in any respect, further written application must be made to the Town Clerk Police Chief.

 

1. If, in the discretion of the Chief of the Police, Superintendent of Highways, Superintendent of Parks and Recreation, or any other Town department head, Town personnel are needed or requested at the site, the applicant shall pay to the Town a sum for the use of Town personnel pursuant to the applicable Town Department’s fee schedule or schedules for such use of personnel, but in no event shall said sum be less than $85 per hour for each Town employee required at the site.

 

Proposed Local Law:  Amending Chapter 14C – Filming

 

1. D. If, in the discretion of  the  Chief of  the Police, Superintendent of Highways, Superintendent of Parks and Recreation, or any other Town department head, vehicles (which list includes but is  not limited to police vehicles, Highway Department vehicles, or Parks and Recreation Department vehicles) are needed or requested at the site, the applicant shall pay to the Town a sum for the use of said vehicles pursuant to the applicable Town department’s fee schedule or schedules for such vehicle use, but in no  event shall said sum be less than $15 per hour for any Town vehicle required at the site.

 

1. In addition to any other fees set forth in this section or in § 14-1, if the applicant starts  filming or filming activity (which term is  defined in  this paragraph and henceforth in this section to include the arrival of personnel or equipment, preparation for filming, or any activity associated with the activity set forth in  the permit) prior to 8:00 a.m., the applicant shall pay to the Town a sum of not less than $500 additional fees of $500 per hour for such early-morning filming or filming activity (with a minimum assessed fee of $500).

 

1. In addition to any other fees set forth in this section or in § 14-1, if the applicant does not end filming or filming activity (meaning the complete removal from the site of all   participants,  vehicles and equipment associated with the activity set forth in the permit) by 7:00 p.m. or sundown, whichever is earlier, the applicant shall pay to the Town a sum of not less than $500 additional fees of $500  per hour for such post- 7:00 p.m. or post-sundown filming or filming activity (with a minimum assessed fee of $500).

 

1. In addition to any other fees set forth in this section or in § 14-1, if the applicant starts filming or filming activity on a Saturday or Sunday or a national holiday, the applicant shall pay to the Town a sum of not less than $500 additional fees of $500 per hour for such weekend or holiday filming or filming activity (with a minimum assessed fee of $500).

 

1. H. In addition to any other fees set forth in this section or in 14-1, if the applicant permit approves use for any period of time of curbside parking spaces in a commercial area the applicant shall pay to the Town a sum of not less than $100 per day for each parking space permitted to be used.

 

 

RESOLUTION NO. 597                                          TOWN BOARD PUBLIC MEETING CALENDAR/2018

 

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

 

RESOLVED, that the Town Board hereby adopts the following schedule of meetings for 2018:

 

01/03/18 (Wed)           Reorg/RTBM/Audit
01/09/18                      Police Commission/Workshop

01/16/18                      RTBM/Audit

02/06/18                      Police Commission/Workshop
02/13/18                      RTBM/Audit

03/06/18                      Police Commission/Workshop
03/13/18                      RTBM/Audit
03/20/18                      Workshop

04/10/18                      RTBM/Audit
04/17/18                      Police Commission/Workshop
04/24/18                      RTBM/Audit

05/08/18                      Police Commission/Workshop
05/15/17                      RTBM/Audit

06/05/18                      Police Commission/Workshop
06/26/18                      RTBM/Audit

07/17/18                      Police Commission/Workshop
07/24/18                      RTBM/Audit

08/07/18                      Police Commission/Workshop
08/14/18                      RTBM/Audit

09/04/18                      Police Commission/Workshop

09/25/18                      RTBM/Audit

10/16/18                      Police Commission/Workshop
10/23/18                      RTBM/Audit

11/13/18                      Police Commission/Workshop

11/27/18                      RTBM/Audit

12/04/18                      Police Commission/Workshop
12/11/18                      RTBM/Audit

 

Police Commission Meetings start at 7 pm; Town Board Workshop Meetings start at 8:00 pm; and Regular Town Board/Audit Meetings begin at 7:30 pm. All meetings are on Tuesdays, except where indicated.

 

Ayes:      Councilpersons Valentine, Troy, Diviny, Bottari

Supervisor Stewart

Noes:      None

***

RESOLUTION NO. 598                                          REJECT AND REBID/CURB AND SIDEWALK CONSTRUCTION, REPLACEMENT AND REPAIR

 

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

 

RESOLVED, upon the recommendation of the Superintendent of Highways, the Town Board hereby rejects the bid for Curb and Sidewalk Construction, Replacement and Repair and further directs that the contract be re-bid.

 

Ayes:      Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

***

RESOLUTION NO. 599                                                      PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Finance Director, the Finance Office is hereby authorized to pay vouchers for three (3) warrants for a total amount of $2,316,885.38.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

***

 

RESOLUTION NO. 600                                          ENTER EXECUTIVE SESSION              HIGHWAY PERSONNEL MATTERS

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilpersons Troy, Diviny, Valentine and Bottari, John Edwards, and Jim Dean.

 

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

 

RESOLVED, at 10:08 p.m. the Town Board entered Executive Session to discuss personnel matters in the Highway Department.

 

Ayes:      Supervisor Stewart

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

RESOLUTION NO. 601                                          RE-ENTERED RTBM/ADJOURNED

 

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

 

RESOLVED, at 10:28 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Irene Morrison, sister of employee Denise Sullivan; and David D. Stuart, former employee.

 

Ayes:      Supervisor Stewart

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None