TOWN OF CLARKSTOWN TOWN BOARD MEETING

Transcription

1 TOWN OF CLARKSTOWN TOWN BOARD MEETING Town Hall 02/10/2004 8:00 P.M. Present: Supervisor Holbrook Council Members Lasker, Maloney, Mandia & Nowicki Marsha Coopersmith, Deputy Town Attorney Patricia Sheridan, Town Clerk Supervisor Holbrook declared the Town Board Meeting open. Assemblage saluted the Flag. ******** Supervisor opened the public portion of the meeting. Appearances: Orrin Getz, New City spoke regarding street signs in Nanuet and the bad condition of Snake Hill Road Brian Cocolicchio and Jeff Graham Linden Ct, New City spoke regarding the expansion of the water district and believe that they are entitled to compensation from United Water John D. Cullen, West Nyack spoke regarding item no.12, has been an election inspector for 20 years, job entails hour days, believes that it should be broken up to 2 eight hours Rob Anessi, 105 Freedman Avenue, Nanuet thanked the Board regarding item no. 17 on the relocation of stop signs to Sherwood Circle and Freedman Avenue in Nanuet ******** On motion of Co. Maloney, seconded by Co. Mandia and unanimously adopted, the Public Hearing regarding the Proposed Zone Change (M to R-22) for Properties Along Pine View Road, West Nyack was declared opened, time 8:05 p.m. On motion of Co. Maloney, seconded by Co. Mandia and unanimously adopted, the Public Hearing regarding the Proposed Zone Change (M to R-22) for Properties Along Pine View Road, West Nyack was declared closed, time 9:13 p.m. ******** RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded RESOLVED, that the Town Board Minutes of January 27, 2004 are hereby accepted as submitted by the Town Clerk.

2 TBM 2/10/04 PAGE 2 RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded RESOLVED, that the Town Board hereby authorizes the Town Comptroller to release the sum of $3, from the escrow posted by Eva Kochowski, for required work at 5 Kakiak Court, New City, to Marie L. DiMaggio who completed such work which the developer neglected to do, which involved the installation of drainage at 5 Kakiak Court, New City, New York, subject, however, to execution of an indemnification agreement in a form approved by the Town Attorney, to protect the Town in the event of a dual claim. RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded RESOLVED, that the Town Board hereby authorizes payment to Rolling Acres Lawns and Landscaping, Inc., contractor hired by 170 North Main, LLC, for snow removal and salting of the commuter parking lot located at U.A. Cinema, New City, on December 5, 6, 14 and 15, 2003, invoice number 1420, in the amount of $2,200.00, and on January 12, 15, 18, 19, and 28, 2004, invoice number 1574 in the amount of $2,350.00, and be it FURTHER RESOLVED, that the total amount of $4, shall be a proper charge to account number A RESOLUTION NO. ( ) Co. Lasker offered and Co. Maloney seconded WHEREAS, Eric Eiselle, reputed owner of 4l Leona Avenue, New City, New York, has requested permission to erect a fence on his property which may interfere with access to a Town drainage easement, and WHEREAS, Dennis M. Letson, Deputy Director of the Department of Environmental Control, has made a site inspection and has reported that the proposed encroachment will not adversely impact the Town s drainage installation provided a fence is installed at a recommended location and provided further that the Town retains the right, in the event of an emergency, to access the easement area even if such access may result in damage to the fence, and

3 TBM 2/10/04 PAGE 3 RESOLUTION NO. ( ) continued WHEREAS, John A. Costa, Town Attorney, has recommended that if permission is granted by the Town Board that same be in the form of a revocable license agreement; NOW, THEREFORE, be it RESOLVED, that the Town Board hereby authorizes the Supervisor to enter into a revocable license agreement with the property owner(s), in a form approved by the Town Attorney, granting a license terminable on ten (l0) days written notice, to authorize the installation of the requested fence on or near the Town s drainage easement located at 41 Leona Avenue, New City, New York, more particularly described as Tax Map 5l.l4-2- 4, and be it FURTHER RESOLVED, that such agreement shall also provide that the property owner(s) or successors shall indemnify the Town of Clarkstown from any and all claims, or causes of action, or any liability against the Town of Clarkstown, arising out of the authorized encroachment. RESOLUTION NO. ( ) Co. Lasker offered and Co. Maloney seconded RESOLVED, that based upon the recommendation of the Superintendent of Recreation and Parks and the Deputy Town Attorney Purchasing that BID #8A-2004 PRINTING OF SPRING/SUMMER AND FALL/WINTER RECREATION & PARKS BROCHURES is hereby awarded as follows: PROPOSAL ITEM A OPTION 8a - SPRING/SUMMER BROCHURE: PRINCIPALS: COURIER PRINTING CORP. 24 LAUREL BANK AVENUE DEPOSIT, NY HILTON EVANS as per their low bid quote of $10,983.00; PROPOSAL ITEM B FALL/WINTER BROCHURE: PRINCIPALS: ENCOMPASS DESIGN ONE MAPLE PLACE GLENHEAD, NY BRUCE SWENSON as per their low bid quote of $5, and be it FURTHER RESOLVED, that said award is subject to the receipt of a Performance Bond or deposit equal to 15% of the total amount awarded above.

4 TBM 2/10/04 PAGE 4 RESOLUTION NO. ( ) continued RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded RESOLVED, that the Purchasing Department is hereby authorized to advertise for bids for: BID # ARTS AND CRAFTS SUPPLIES Bids to be returnable to the Purchasing Department, 10 Maple Avenue, New City, New York by 11:00 A.M. on March 4, 2004 at which time bids will be opened and read, and be it FURTHER RESOLVED, that bid specifications and proposal documents can be obtained at the office of the Clarkstown Purchasing Department. RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded RESOLVED, that the Purchasing Department is hereby authorized to advertise for bids for: BID # GROUNDSKEEPING/LANDSCAPE SUPPLIES Bids to be returnable to Purchasing Department, 10 Maple Avenue, New City, New York at a time and place to be determined at which time bids will be opened and read, and be it FURTHER RESOLVED, that bid specifications and proposal documents can be obtained at the office of the Clarkstown Purchasing Department.

5 TBM 2/10/04 PAGE 5 RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded RESOLVED, that the Purchasing Department is hereby authorized to advertise for bids for: BID # SWIMMING POOL CHEMICALS Bids to be returnable to the Purchasing Department, 10 Maple Avenue, New City, New York at a time and place to be determined at which time bids will be opened and read, and be it FURTHER RESOLVED, that bid specifications and proposal documents can be obtained at the office of the Clarkstown Purchasing Department. RESOLUTION NO. ( ) Co. Maloney offered and Co. Nowicki seconded WHEREAS, it is necessary for the Town of Clarkstown to obtain actuarial services for compliance with GASB 10 (Government Accounting Standards Board) for fiscal year ending December 31, 2003, and WHEREAS, Financial Risk Analysts, 27 Hartford Turnpike, Vernon, CT is a nationally known actuarial consulting firm providing services to public entities nationwide related to self-insurance and GASB 10; NOW, THEREFORE, be it RESOLVED, that Supervisor Charles E. Holbrook is hereby authorized to enter into an agreement for one year with Financial Risk Analysts, in a form acceptable to the Town Attorney, at a cost not to exceed $6,500.00, plus reasonable out-of-pocket expenses.

6 TBM 2/10/04 PAGE 6 RESOLUTION NO. ( ) Co. Maloney offered and Co. Nowicki seconded WHEREAS, MedbillLtd.com (formerly Shoreline Medical Billing Systems, Inc.) Acts as the service organization for the Town of Clarkstown to process insurance claims for basic and advanced life support services provided by volunteer ambulance corps and Rockland Paramedic Service, Inc. and WHEREAS, it is necessary that the Town of Clarkstown have a limited scope audit to obtain reasonable assurance that MedbillLtd.com has the necessary controls and procedures in place to provide reliance that the billing is proper, THEREFORE, BE IT, RESOLVED, that Supervisor Holbrook is hereby authorized to enter into an agreement, in a form satisfactory to the Town Attorney, with Korn, Rosenbaum, Phillips & Jauntig, Certified Public Accountants, with offices at Palisades Office Park, 26 Firemen s Memorial Drive, Pomona, New York, for a cost not to exceed $5,000, to perform the limited scope audit referred to herein, as described in a proposal dated January 22, RESOLUTION NO. ( ) Co. Maloney offered and Co. Nowicki seconded WHEREAS, the County of Rockland has appropriated funds for the STOP-DWI Program to be shared by all Police Departments in the County of Rockland and the Sheriff s Patrol, and WHEREAS, the Town of Clarkstown has been notified by letter dated January 26, 2004 that the Town of Clarkstown s share for the STOP-DWI Program for the calendar year 2004 is $8,239.92; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Clarkstown hereby authorizes the Supervisor and the Chief of Police to execute the letter of agreement dated January 26, 2004, with the County of Rockland, for the STOP-DWI Program, to accept funds in the amount of $8, for the calendar year 2004, subject to the use of all those funds as provided in said agreement.

7 TBM 2/10/04 PAGE 7 RESOLUTION NO. ( ) Co. Lasker offered and Co. Maloney seconded RESOLVED THAT K. Luke Kalarickal, P.E., L.S., Director; and Dennis Letson, P.E., Deputy Director, of the Department of Environmental Control are hereby authorized to attend the Stormwater Management Technical Workshop to be held in White Plains, New York, on April 13 14, 2004; and BE IT FURTHER RESOLVED that the cost of $95.00 for each person at said training course, and other reasonable expenses for travel, tolls, and meals in accordance with the provisions of Town Board Resolution # , shall be charged to appropriation Account A (Schools and Conferences). RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded RESOLVED, that the compensation of the party Representative (Democrat and Republican) to read the voting machines for the year 2004 is hereby established at $ per day. RESOLUTION NO. ( ) Co. Maloney offered and Co. Nowicki seconded RESOLVED, that the following are hereby appointed Custodians for the Voting machines for the Town of Clarkstown, at the wage of $70.00 per machine, each voting day for the year Jerry Gershon Paul Pizzutello 24 Seymour Drive 16 Bradley Drive New City, NY New City, NY

8 TBM 2/10/04 PAGE 8 RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded RESOLVED, that Custodians for the polling facilities, who open and close polling places, shall be paid at the rate of $40.00 per day. RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded RESOLVED, that the compensation of the Election Inspector for 2004 is established as follows: Election Day - Certified Inspectors $ Non-Certified Inspectors Chairman Meeting Attendance Instructional Certification RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded WHEREAS, the following has applied for Certificate of Registration pursuant to Section of the Town Code of the Town of Clarkstown: VICTOR P. ZUGIBE, INC. 66 W. Railroad Avenue Garnerville, NY Victor P. Zugibe, President NOW, THEREFORE, be it RESOLVED, that the following Certificate of Registration be issued: No VICTOR P. ZUGIBE, INC.

9 TBM 2/10/04 PAGE 9 RESOLUTION NO. ( ) continued RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded WHEREAS, Town Board resolution # awarded Bid # Yale Drive Reconstruction Project to 58A JVD Industries, Ltd. of Mount Vernon, New York; and WHEREAS, the Department of Environmental Control has approved a second change order on contract for this project as follows: Reconstruct existing catch basins found to be in a state of disrepair maximum of eight (8) catch $2, each: Cost - $22, Remove and reset one (1) catch basin and approximately 120 linear feet of storm drain line due to design change to accommodate unforeseen field conditions: Cost - $3, Implement revised design prepared by the Department of Environmental Control for work in the existing south drainage easement: Cost - $7, Install additional 175 linear feet of 6-inch diameter underdrain not called for as part of the original design for this project to alleviate an adverse groundwater condition encountered during construction: Cost - $6, NOW, THEREFORE, BE IT RESOLVED that the total approved cost for this change order on contract is $39,989.33; and BE IT FURTHER RESOLVED that the current budget allowance for this project be increased to $719, to reflect the additional cost of this change order on contract; and BE IT FURTHER RESOLVED that this shall be a proper charge to account # H

10 TBM 2/10/04 PAGE 10 RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded WHEREAS, Town Board resolution # awarded Bid # to Hudson Canyon Construction, Inc. of Millwood, New York; and WHEREAS, previous change orders on contract approved by Town Board resolution have increased the allowance for this project to $871,846.00; and WHEREAS, two additional change orders on contract have been approved by the Department of Environmental Control as follows: C.O. #4: Removal of Five (5) additional trees not included in the original plan found to be in conflict with the proposed open channel improvements Cost - $1, C.O. #5: Installation of 1000 linear feet of 4 x 8 stone lined channel to control erosion in the piped portion of the project Cost - $18, NOW, THEREFORE, BE IT RESOLVED that the total cost of these two additional change orders for this project is $20,412.70; and BE IT FURTHER RESOLVED that the allowance for this project be increased from $871, to $892, to reflect the cost of the change orders; and BE IT FURTHER RESOLVED that this shall be a proper charge to account # H RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded WHEREAS, conditions encountered in the course of construction required additional work to be performed, which consisted of expenditures for title reports, payment for an easement, as well as the Department of Environmental Control and Clarkstown Highway Department s approved field changes needed to complete this project, WHEREAS, the Contractor has submitted application for payment of 21, for field changes, NOW THEREFORE, BE IT RESOLVED that Change Order #3 in the amount of $21, is hereby authorized, and BE IT FURTHER RESOLVED that the total amount of contract is increased to $101,

11 TBM 2/10/04 PAGE 11 RESOLUTION NO. ( ) continued RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded WHEREAS, by resolution , the Town Board awarded Bid Number to Danny Clapp Landscaping, Inc., and WHEREAS, by resolution , and , the Town Board did authorize changes in the scope of work for said bid to extend the scope of work and provide a greater degree protection of roadway and adjacent properties, and WHEREAS, the geometry of the roadway and trench drain required modification to the drain to prevent damage to vehicles entering the roadway, and WHEREAS, the Contractor has submitted change order #4 in the amount of $ , to perform the additional modification, and WHEREAS, the Deputy Director of the Department of Environmental Control has reviewed the change, and recommended that the additional work be authorized by the Town Board. NOW THEREFORE, BE IT RESOLVED that Change Order #4 In the amount of $ is hereby authorized retroactive to and effective December 18, 2003, and BE IT FURTHER RESOLVED that the total amount of contract is increased to $36, RESOLUTION NO. ( ) Co. Maloney offered and Co. Nowicki seconded WHEREAS, the Town of Clarkstown 2004 Salary Schedule was adopted by Resolution No on January 6, 2004, and WHEREAS, the Town Board desires to make amendments to that salary schedule, NOW, THEREFORE, BE IT RESOLVED, that the Town of Clarkstown 2004 Salary Schedule is hereby amended to reflect the following salaries: All Members of the Zoning Board of Appeals -- $220.00* All Members of the Planning Board -- $220.00* All Members of the Architecture and Landscape Commission -- $200.00* All Members of the Sanitation Commission -- $220.00*

12 TBM 2/10/04 PAGE 12 RESOLUTION NO. ( ) continued All Members of the Historical Review Board -- $140.00* All Members of the Traffic and Traffic Fire Advisory Board -- $200.00* All Members of the Parks Board & Recreation Commission -- $220.00* *Daily meeting rate for official meetings AND BE IT FUTHER RESOLVED, that all Boards and Commissions are expected to meet a minimum of twelve (12) times per calendar year, AND BE IT FURTHER RESOLVED, that this resolution shall be retroactive to February 9, 2004, and that the Town Clerk is hereby requested to forward copies of this resolution to the Comptroller, to the Personnel Administrator, and to each of the chairpersons of the various boards and commissions mentioned above. RESOLUTION NO. ( ) Co. Maloney offered and Co. Nowicki seconded RESOLVED, that the Resolution adopted on December 16, 2003, Resolution No be hereby amended as follows: Bid # Athletic and Recreation Supplies SPORTMASTER, P.O. Box 5000, Pittsburgh, PA 15206, for item # 77 as per specifications at a net bid price of $1, SPORTIME, One Sportime Way, Atlanta, GA 30340, for items #27, 29, 50 and 60, as per specifications at a net bid price of $ RESOLUTION NO. ( ) Co. Maloney offered and Co. Nowicki seconded WHEREAS, Edward J. Lettre, Clerk of the Works, recommends a change order with respect to Resolution No to increase the professional services contract award to Denker Cackovic, Architects, by $8,300.00, to cover the cost for required additional design services for the remediation and replacement of the exterior brick facade at the former Police/Court building. The top courses of the exterior brick wall were displaced and in danger of falling:

13 TBM 2/10/04 PAGE 13 RESOLUTION NO. ( ) continued NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby amends Resolution No , by authorizing a change order to increase the contract award to Denker Cackovic, Architects by $8, FURTHER RESOLVED, that all fees shall be charged to account H RESOLUTION NO. ( ) Co. Lasker offered and Co. Nowicki seconded RESOLVED, that the Town Board hereby confirms the recommendation by the Town Attorney that the firm of Metropolitan Appraisals, d/b/a Lawrence & Shedler Appraisals, be retained to appraise property located at 39 High Tor Road, New City, New York, and 563 South Mountain Road, New City, New York, for the purpose of determining its present market value for Open Space. Said property is designated on the Clarkstown Tax Map and , and be it FURTHER RESOLVED, that the fee for said appraisal shall not exceed $l,300.00, which shall be charged to Account No. H l. RESOLUTION NO. ( ) Co. Nowicki offered and Co. Maloney seconded WHEREAS, the Town has received a request from a property owner to relocate three Stop signs presently located at Well Street and Park Lane, Nanuet, New York, as follows: l. One Stop sign be placed at the corner of Sherwood Circle and Freedman Avenue, abutting property known as 69 Sherwood Circle; 2. One Stop sign be placed at the corner of Sherwood Circle and Park Lane, abutting 20 Park Avenue; 3. One Stop sign be placed at Freedman Avenue, abutting l05 Freedman Avenue;

14 TBM 2/10/04 PAGE 14 RESOLUTION NO. ( ) continued NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes Wayne T. Ballard, Superintendent of Highways, to relocate three Stop signs to Sherwood Circle and Freedman Avenue, as referred to herein, and be it FURTHER RESOLVED, that the Town Clerk is directed to send a copy of this Resolution to the Superintendent of Highway for implementation. RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded WHEREAS, Bronya Tauber has requested a refund of Building Permit fee (No ) paid in the amount of $1,832.00, for premises located at 104 Lakewood Drive, Congers, New York, because of unforeseen circumstances; NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Building Inspector, the Town Board hereby authorizes a partial refund of Building Permit fee paid in the amount of $1,832.00, less the cost of $ for processing, in the amount of $1, to Bronya Tauber, to be charged to Account No. B RESOLUTION NO. ( ) Co. Maloney offered and Co. Mandia seconded WHEREAS, Susan Hougui has requested a refund of Building Permit fee (No ) paid in the amount of $80.00 for premises located at 22 Linden Court, New City, New York, because the permit application was accepted by the Building Department in error; NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Building Inspector, the Town Board hereby authorizes a refund of Building Permit fee paid in the amount of $80.00 to Susan Hougui, to be charged to Account No. B

15 TBM 2/10/04 PAGE 15 RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded WHEREAS in February 2003, the Town Board adopted a resolution securing less-than-fee interests in 458 undeveloped acres owned by United Water New York and its subsidiaries; and WHEREAS Section 247 of the General Municipal Law (GML) authorizes the Town of Clarkstown to acquire such interests in real property for the preservation of open spaces and of environmentally sensitive areas, as the GML defines those terms; and WHEREAS those open spaces were protected by means of a Deed of Conservation Easement (the Easement); and WHEREAS, a legal problem forced the parties to limit the term of that easement to one year, during which time the parties hoped to cure the problem; and WHEREAS more time is needed to do so; and WHEREAS, United Water New York has offered to extend the term of the Easement so that the legal difficulty can be overcome; NOW, THEREFORE BE IT RESOLVED, that the Town Board finds that it will conserve and protect the public health, safety and general welfare if it so extends the Easement; and be it FURTHER RESOLVED that a public hearing for that proposed extension will be held at 8:00 PM on February 24, 2004; and be it FURTHER RESOLVED that the Town Clerk shall advertise the Hearing according to law.

16 TBM 2/10/04 PAGE 16 RESOLUTION NO. ( ) Co. Maloney offered and Co. Lasker seconded At a regular meeting of the Town Board of the Town of Clarkstown, in the County of Rockland, New City, New York, in said Town of Clarkstown, on February l0, PRESENT: Charles E. Holbrook, Supervisor John R. Maloney, Councilman Ralph F. Mandia, Councilman Shirley Lasker, Councilwoman Catherine M. Nowicki, Councilwoman X In the Matter of Extension of the Clarkstown Consolidated Water Supply District #l to include the Area of ALMUTH DRIVE, MEYER LANE and LINDEN COURT, New City, New York X ORDER CALLING FOR A PUBLIC HEARING WHEREAS, the Town Board of the Town of Clarkstown, County of Rockland, New York, has received a proposal from the United Water Company for the installation of approximately 3,532 feet of pipe in ALMUTH DRIVE, MEYER LANE and LINDEN COURT, New City, New York, to connect into the existing water line located on Old Route 304, at a cost not to exceed $390,000.00, and WHEREAS, the Town Board has determined to proceed with the extension of the Clarkstown Consolidated Water Supply District #l to include the areas described herein and the consolidation thereof, and NOW, THEREFORE, BE IT ORDERED, that the Director of the Department of Environmental Control is hereby directed to prepare a map, plan and report depicting the properties to be benefited by the proposed extension described herein, and to file same for public inspection in the Office of the Town Clerk on or before February 13, 2004, and be it FURTHER ORDERED, that a public meeting of the Town Board of the Town of Clarkstown be held at the Clarkstown Town Hall, l0 Maple Avenue, New City, New York, on February 24, 2004, at 8:00 p.m., or as soon thereafter as possible, to consider the proposed extension and consolidation of the Clarkstown Consolidated Water Supply District #l as herein referred to, and that all the expenses of the district shall be charged against the entire area of the district as extended, and to hear all persons interested in the subject thereof, concerning the same, and for such other action of the part of the Town Board with relation thereto as may be required by law, and be it FURTHER ORDERED, that the Town Clerk publish at least once in the newspaper of general circulation and post on the sign board of said Town maintained pursuant to Subdivision 6 of Section 30 of Town Law, and conspicuously in at least five public places within said proposed Clarkstown Consolidated Water Supply District #l, a copy of this Order, certified by the Town Clerk, the first publication thereof and said posting to be not less than ten or more than twenty days before the day designated herein for the public hearing as aforesaid. Dated: February l0, 2004 TOWN BOARD, TOWN OF CLARKSTOWN CHARLES E. HOLBROOK, Supervisor JOHN R. MALONEY, Councilman RALPH F. MANDIA, Councilman SHIRLEY LASKER, Councilwoman CATHERINE M. NOWICKI, Councilwoman

17 TBM 2/10/04 PAGE 17 RESOLUTION NO. ( ) continued SCHEDULE A TAX MAP ADDRESS OWNER New City, New York Linden Court Greenblatt Linden Court See Linden Court Robins Linden Court Doyle Linden Court Berzon Linden Court Jacobs Almuth Drive Steckler Linden Court Melian Linden Court Grossbarth Linden Court Glum Linden Court Weishaus Linden Court Rivera Linden Court McGrath Linden Court Morgese Linden Court Reynolds Linden Court DiPasquale Linden Court Donn Linden Court Graham Linden Court Feltham Almuth Drive Pedersen Linden Court Perez Linden Court Rees Meyer Lane Weiner Linden Court Garcia Meyer Lane Bruno Old Route 304 Carrobis Meyer Lane Sweet Meyer Lane Braun Meyer Lane Jenks Meyer Lane Zernone Almuth Drive Reck Almuth Drive McCarthy Almuth Drive Meneses Linden Court Mindich Linden Court Cocolicchio Linden Court DeMaio Linden Court Blumenfeld Linden Court Undersinger Linden Court Brooks Linden Court Hougui Linden Court Siegel

18 TBM 2/10/04 PAGE 18 RESOLUTION NO. ( ) Co. Lasker offered and Co. Maloney seconded WHEREAS, a proposed local law entitled, "Congers Hamlet Center Overlay District" was introduced at a meeting of the Town Board on January 28, 2003, and WHEREAS, the Town Board by resolution adopted on January 28, 2003, determined that it would act as lead agency for the purposes of the New York State Environmental Quality Review Act (SEQRA) and directed that a public hearing be held on February 11, 2003, at 8:00 PM or as soon thereafter as possible, relative to such proposed local law, and WHEREAS, a copy of the proposed local law in final form was placed on the desk of the Supervisor at his office at the Clarkstown Town Hall and delivered to the homes of the Councilpersons on February 7, 2003, and WHEREAS, a notice of said hearing was duly prepared and published in The Journal News on February 5, 2003, and the proposal was referred to the Rockland County Planning Commissioner and to the Clarkstown Planning Board, although not required to be so referred to the Clarkstown Planning Board pursuant to Section , and WHEREAS, the Clarkstown Planning Board, by way of resolution dated March 26, 2003, agreed with the proposed local law to the extent that they felt the existing Local Law should be rescinded, and although the Clarkstown Planning Board requested that " the Town Board begin a whole new process for a total review of the amended law " it did not respond when the matter was re-referred to the Planning Board by Town Board resolutions dated April 8, 2003, and September 30, 2003, and WHEREAS, the Rockland County Planning Commissioner, in a response dated March 12, 2003, did recommend modifications to the proposed law that were considered by the Town Board, and WHEREAS, the Town Board wishes to proceed to a determination of this matter at this time as the proposed Local Law includes standards and boundaries that differ from the original "Congers Hamlet Center Overlay District" that was adopted as Local Law , and WHEREAS, the Town Board has reviewed the Environmental Assessment Form and related memo dated February 10, 2004, prepared by Robert Geneslaw, Planning Consultant, which refers to a report dated November 25, 2002, all of which the Board has considered with respect to SEQRA compliance; NOW, THEREFORE, BE IT RESOLVED, that based upon the memo dated February 10, 2004, and the report dated November 25, 2002, from Robert Geneslaw, acting as staff to the Town Board as lead agency, it is hereby determined that this action is an Unlisted Action, and the Town Board hereby further determines that the proposed Local Law concerning the Congers Hamlet Center Overlay District shall not have any significant impact on the environment and no further processing pursuant to the State Environmental Quality Review Act (SEQRA) is required, and be it FURTHER RESOLVED, that the Town Board has determined to adopt this Local Law by a majority plus one vote of the Board in contravention of the recommended modifications of the Rockland County Planning Commissioner because it believes that the proposed Local Law is an improvement over the original "Congers Hamlet Center Overlay District" that was adopted as Local Law , and be it be it FURTHER RESOLVED, that Local Law is rescinded in its entirety, and

19 TBM 2/10/04 PAGE 19 RESOLUTION NO. ( ) continued FURTHER RESOLVED, that Local Law No entitled "Congers Hamlet Center Overlay District" is hereby adopted in its entirety with the following modifications: Amend A, Boundaries to read, "Congers Hamlet Center Overlay District includes those properties that are, at the time of the adoption of this Local Law, zoned "LS" with frontage on Lake Road, Burnside Avenue, or North Rockland Avenue AND located within 450' of Congers Lake Road AND within the area from the west sides of Sherman Avenue and Pleasant Street north to the east sides of North and South Harrison Avenue. Congers Hamlet Center Overlay District also includes those properties that are, at the time of the adoption of this Local Law, zoned "LIO" and located with frontage on Hemenway Avenue." Add to B, (insert in the first paragraph, right before the last sentence in that paragraph), "This incentive is allowable by Special Permit of the Town Board and is subject to the requirements of and C(5)." Add as B7, "Property owners shall be required to give rental preference to Clarkstown residents for any apartment created under this incentive. Preference shall first be given to volunteer emergency personnel (including members of volunteer fire departments and ambulances corps) and to senior citizens. Any application for a certificate of occupancy for any apartment created under this incentive shall be accompanied by a declaration of covenant running with the land providing for the above preference. Such declaration shall be in a form approved by the Town Attorney and recorded with the Rockland County Clerk. RESOLUTION NO. ( ) Supervisor Holbrook offered and Co. Nowicki seconded WHEREAS, the water supplies of thirty-nine families in the area of Almuth Drive, Meyer Lane, and Linden Court, New City, New York, have become contaminated due to the apparent failure of underground fuel storage tanks on the nearby property of Barrier Motor Fuels, Inc., 70 Old Route 304, New City, New York, and WHEREAS, the Town of Clarkstown is now in the process of extending the Clarkstown Consolidated Water Supply District No. l to cover the area of Almuth Drive, Meyer Lane, and Linden Court, New City, New York, to ensure that the affected residents will have a safe and clean water supply, and WHEREAS, the New York State Department of Environmental Conservation has jurisdiction of the affected area and will oversee the much needed clean up and remediation of the Barrier Motor Fuels. Inc. property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Clarkstown hereby requests that the New York State Department of Environmental Conservation, and all agencies involved, take all steps necessary to expedite the clean up of the Barrier Motor Fuels, Inc. property, 70 Old Route 304, New City, New York, to ensure that this area will offer a safer environment for all persons living on Almuth Drive, Meyer Lane, and Linden Court, New City, New York, and be it

20 TBM 2/10/04 PAGE 20 RESOLUTION NO. ( ) continued FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of this Resolution to the Commissioner of the New York State Department of Environmental Conservation, the Rockland County Department of Health, and any other involved agency. There being no further business and no one further wishing to be heard, the meeting was adjourned. On motion of Co. Mandia, seconded by Co. Maloney and unanimously adopted, the Town Board Meeting was closed, time 9:33 pm. Respectfully submitted, Patricia Sheridan Town Clerk