TOWN OF ORANGETOWN WORKSHOP MEETING – DRAFT AGENDA/SUBJECT TO CHANGE
Tuesday, November 28, 2017
Pledge of Allegiance to the Flag
• The NY State Public High School Athletic Association 2017 Co-Champion Pearl River HS Lady Pirates Varsity Soccer Team will be honored at the November 28th Regular Town Board Meeting.
• Town Hall Proposal – The Musial Group
OPEN PUBLIC HEARING NOVEMBER 28, 2017, 8:10 PM/PROPOSED ZONING CODE CHANGE, REQUIRING PLANNING BOARD REVIEW OF APPLICATIONS RELATING TO ANTENNAS ON EXISTING STRUCTURES
1. 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.
PRESENTATION: Notice of Posting and Affidavit of Publication:
Summary of Public Comments:
CLOSE PUBLIC HEARING/PROPOSED ZONING CODE CHANGE, REQUIRING PLANNING BOARD REVIEW OF APPLICATIONS RELATING TO ANTENNAS ON EXISTING STRUCTURES
2. 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.
LEAD AGENCY/SEQRA DECLARATION/ AMENDING CHAPTER 43¸ §8.15.D, TO REQUIRE PLANNING BOARD REVIEW OF APPLICATIONS RELATING TO ANTENNAS ON EXISTING STRUCTURES IN NONRESIDENTIALLY ZONED AREAS.
3. 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 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.
ADOPT LOCAL LAW/PROPOSED ZONING CODE CHANGE, REQUIRING PLANNING BOARD REVIEW OF APPLICATIONS RELATING TO ANTENNAS ON EXISTING STRUCTURES
4. 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. __ OF 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 IN 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.
* * *
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:
(a) The location, height and operations characteristics of all existing facilities of the applicant in and immediately adjacent to the Town.
(b) 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; (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.
AMEND RESOLUTION/APPROVE STREET NAMING/PRIVATE ROAD/BOBBY SANDS WAY, ORANGEBURG
5. WHEREAS, the Town Board wishes to amend Resolution 143/2017, adopted March 7, 2017 as follows:
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 Hibernians 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 Hibernians members are desirous of recognizing Bobby Sands ultimate sacrifice by designating a private road so that future generations will remember his sacrifice; and
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
Gaelic Athletic Association Ancient Order of Hibernians acknowledge that the Town of Orangetown has standardized requirements for street signs, and
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Orangetown hereby amends Resolution 143/2017 authorizesing and directsing 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”.
SUBSTANCE ABUSE COMMITTEE/APPOINT RON GARCIA TO SERVE THE REMAINDER OF THE TERM OF JIM ANDREWS, WHO RESIGNED, AND WHOSE TERM EXPIRES DECEMBER 31, 2017
6. 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.
ORANGETOWN HOUSING AUTHORITY BOARD/APPOINT JOSEPH JUKIC TO SERVE THE REMAINDER OF THE TERM OF ROBERT TOMPKINS, WHO RESIGNED, AND WHOSE TERM EXPIRES DECEMBER 31, 2020
7. 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.
THE POINTE AT LAKE TAPPAN (THE CLUB AT PEARL RIVER)/PERFORMANCE BOND RELEASE/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
8. 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 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.
RESIGNATION/KENNETH M. TOMEO/SUPERVISOR, PARKING AUTHORITY (PT)
9. 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.
PARKS AND RECREATION
APPROVE ITEMS FOR SURPLUS
10. At the request 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
AWARD CONTRACT FOR SNOW PLOWING CORTWOOD VILLAGE SENIOR HOUSING COMPLEX
11. Upon the recommendation of the Superintendent of Parks and Recreation, award the bid for snow plowing of the Cortwood Village Senior Housing Complex to Helmke Industries of Orangeburg, NY, the only qualified bidder.
INSTALLATION OF TWO BUS SHELTERS LOCATED AT 230 ROUTE 340, SPARKILL (IN FRONT OF VENTURE)
12. RESOLVED, that the Town of Orangetown Town Board hereby authorizes the County Department of Public Transportation to install (2) new bus shelters at 230 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).
ACCEPT RESIGNATION/GARRECHT/JUSTICE COURT
13. Accept with regret the resignation of Jessica Garrecht, Senior Clerk Typist, Orangetown Justice Court, effective 11/10/2017.
14. RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of three (3) warrants for a total of $2,316,885.38.
APPOINT MR. JOHN MCGOWAN, ESQ. AS LEGAL CONSULTANT AND INSTRUCTOR FOR THE ORANGETOWN POLICE DEPARTMENTS SPONSORED “YOUTH COURT” PROGRAM.
15. Effective November 15, 2017, appoint Mr. John W. McGowan Esq., of Pearl River, New York, to serve as a legal consultant and instructor for the Orangetown Police Department’s sponsored “Youth Court” program.
SET PUBLIC HEARING/8:15 PM, DECEMBER 19, 2017/AMEND CHAPTER 14C – FILMING/DECLARE TOWN BOARD’S INTENT TO SERVE AS LEAD AGENCY/UNCOORDINATED REVIEW
16. RESOLVED that the Town Board will hold a public hearing on December 19, 2017, at 8:15 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.
Text to be added is underlined
Text to be deleted is struck
LOCAL LAW NO. __ OF 2017, AMENDING CHAPTER 14C OF THE ORANGETOWN TOWN CODE – FILMING
§ 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.
§ 14C-2. Permits.
A. No person shall film or permit filming within the unincorporated sections 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.
B. 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 Office of Parks and Recreation.
C. 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.
D. One permit shall be required for each location.
§ 14C-3. Rules and regulations.
A. 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.
B. 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.
C. 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.
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 permit.
E. 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.
Town Clerk Police Chief may refuse to issue a permit whenever s/he 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.
G.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.
A. 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 described in § 14-1, payable to the Office of Parks and Recreation at the time the park permit is approved.
B.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.
C. 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.
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.
E.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).
F. 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).
G. 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).
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.
SET PUBLIC MEETING CALENDAR/2018
17. RESOLVED, that the Town Board hereby adopts the following schedule of meetings for 2018:
01/09/18 Police Commission/Workshop
1/15 – Martin Luther King
02/06/18 Police Commission/Workshop
2/14/18 – Ash Wednesday
2/18/18 – 2/21/18 – Association of Towns
03/06/18 Police Commission/Workshop
3/25/18 – Palm Sunday
3/29/18 – Holy Thursday
3/30/18 – Good Friday
3/30/18 – 4/7/18 – Passover
04/01/08 – Easter
04/17/18 Police Commission/Workshop
05/08/18 Police Commission/Workshop
5/28/18 – Memorial Day
06/05/18 Police Commission/Workshop
07/17/18 Police Commission/Workshop
08/07/18 Police Commission/Workshop
9/3/18 – Labor Day
09/04/18 Police Commission/Workshop
9/11/18 – Primary
9/10 – 9/11/18 – Rosh Hashanah
9/18/18 – 9/19/18 – Yom Kippur
10/08/18 – Columbus Day
10/16/18 Police Commission/Workshop
11/6/18 – Election Day
11/11 – 11/12/18 – Veteran’s Day
11/13/18 Police Commission/Workshop
11/22 – 11/23/18 – Thanksgiving
12/02 – 12/10/18 – Hanukkah
12/04/18 Police Commission/Workshop
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.
• Irene Morrison, sister of Deputy Town Attorney Denise Sullivan
- David Stuart, Pearl River, former Orangetown employee