MINUTES OF THE REGULAR MEETING OF THE RAMAPO TOWN BOARD HELD ON APRIL 25, 2007

The Town Board of the Town of Ramapo convened in Regular Session on Wednesday, April 25, 2007 in the Edwin Wallace Auditorium of Ramapo Town Hall, 237 Route 59, Suffern, New York.

Supervisor Christopher P. St. Lawrence called the meeting to order and Town Clerk, Christian G. Sampson called the roll. The following board members were present and answered to their names:

Present: Supervisor Christopher P. St. Lawrence

Councilwoman Frances M. Hunter

Councilman Edward Friedman

Councilman David J. Stein

Town Attorney Michael L. Klein

Town Clerk Christian G. Sampson

Absent: Councilman Harry Reiss

Councilman David J. Stein led the assembled group in the Pledge of Allegiance.

PUBLIC HEARING: AMENDMENT OF ZONING LAW: THREE-FAMILY RESIDENCES IN R-15 DISTRICT

Scheduled for this evening at 8 pm was a hearing to solicit public comment regarding the above proposed amendment to the local law. Town Attorney Michael Klein explained the nature of the proposed law and opened the hearing. The following persons addressed the Town Board:

John Lange – Consultant, Planning, Town of Ramapo – described charge to review proposed zone change and expected impacts
Marion Schwartz – 91 Herrick Avenue – described density of her neighborhood; spoke against zone change proposed
Robert Rhodes – 26 Sky Meadow Road, Suffern – spoke against zone change proposed
Israel Bier – 31 Albert Drive, Monsey – spoke in support of zone change proposed
Rudy Dent – 8 Red Oak Lane, New Hempstead – described changes in his neighborhood
Michael Costeluccio – 19 Pinebrook Rd – spoke against proposed zone change
Joe Meyers (Deputy Mayor of Airmont) – spoke against proposed zone change
Mike Parietti – 6 Spook Rock Rd – spoke against the Town’s current administration
Robert Romanowski – 17 Maple Avenue, Monsey – spoke against proposed zone change
Michelle Finley – 4 Oratem Avenue, Airmont – spoke against zone change proposal

CLOSE PUBLIC PARTICIPATION

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 - 272

RESOLVED by the Town Board of the Town of Ramapo, that the Public Hearing held this evening, April 25, 2007, at Ramapo Town Hall to solicit public opinion regarding an AMENDMENT TO THE ZONING LAW TO PROVIDE FOR CONSTRUCTION OF ADDITIONAL THREE-FAMILY RESIDENCES IN THE R-15C ZONING DISTRICT, be hereby closed at 9:20 P.M.

ADOPTION OF SEQRA

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007-273

WHEREAS, the Town Board has proposed a local law amending Local Law No. 10-2004 (Zoning) to provide for construction of additional three-family residences in the R-15C zoning district, and

WHEREAS, the Ramapo Town Board is the Lead Agency with regard to such proposal pursuant to the New York State Environmental Quality Review Act, and

WHEREAS, the proposed action is an unlisted action as defined in NYCRR Part 617, and

WHEREAS, after review of the Full Environmental Assessment Form and an R-15C Accessory Apartment Study dated April 25, 2007, prepared in connection with the proposal, it appears that the proposed action will not have a significant impact on the environment,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo, that upon the recommendation of Paul Gdanski, a Town Engineer, the proposed action is classified as not having a significant impact on the environment and the Town Board does hereby adopt the negative declaration dated April 25, 2007.

ADOPTION OF LOCAL LAW NO. 1 OF 2007

The following resolution was moved by Supervisor St. Lawrence, seconded by Councilman Friedman and adopted on a roll call vote of 4-0, with Councilman Reiss absent:

Resolution No. 2007 –274

WHEREAS, a proposed Local Law amending Local Law No. 10-2004 (Zoning) provides for construction of additional accessory apartments in certain three-family residences in the R-15C Zoning District, and

WHEREAS, the Town Board held a public hearing on said proposed Local Law on April 25, 2007, and

WHEREAS, the Planning Board, on April 17, 2006 considered the proposed Local Law and submitted its recommendation to the Town Board, and

WHEREAS, the Town is in receipt of a General Municipal Law Review dated April 23, 2007 which recommended disapproval of the above proposed Local Law,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that a Local Law amending Local Law No. 10-2004 (Zoning) to provide for construction of additional accessory apartments in certain three-family residences in the R-15C Zoning District as amended is hereby adopted and shall be known as Local Law No. 1 – 2007, and

BE IT FURTHER RESOLVED that the Town Board does hereby override the General Municipal Review dated April 23, 2007 for the following reasons:

(1) All three-family dwellings are subject to architectural review. Further, the Town has current laws regulating property maintenance to ensure proper maintenance. The Town, in addition, has an extensive park system which provides substantial recreation facilities. All dwellings must contain landscaped garbage enclosures.

(2) Prior to adopting the proposed amendment, a review was done to ensure that the infrastructure including sewer, water, drainage and traffic can accommodate the increased number of accessory apartments, and

BE IT FURTHER RESOLVED that, in response to the additional comments contained in the G.M.L. review, the Town Board states as follows:

Comment No. 1: The applicable section of the Zoning Law, 376-65C regarding the relationship of the accessory apartment to the principal dwelling is not being changed. Further, a possible increase of 100 square feet of the size of the accessory dwelling is of minor impact since the apartment is limited to 2 bedrooms in size.

Comment No. 2: The lot width bulk requirement is not being reduced. In fact, the lot width requirement for a semi-attached three-family residence is increased from 62.5 feet to 75 feet if additional accessory apartments are to be built.

Comment No. 3: Reduction of the size of the required parking stall width provides adequate space for parking and will minimize the amount of impervious surface.

Comment No. 4: The Town Board, in its environmental review, has considered the impact on drainage and stormwater management and all construction must comply with applicable regulations. Further, the Town has extensive recreation facilities available to Town residents. New three-family subdivisions must pay money in lieu of land fees to help pay the cost of recreation facilities serving the Ramapo community. Development coverage, notwithstanding the allowance for parking in the side yard and side setback, will remain unchanged.

PUBLIC HEARING: - AMENDMENT OF LOCAL LAW TO INCREASE INCOME LIMITS FOR TAX EXEMPTONS FOR PERSONS WITH DISABILITIES

Scheduled for this evening at 8:05pm was a hearing to solicit public comment on the above proposed local law. Town Attorney, Michael Klein, explained the nature of the hearing. No one wished to address the Town Board regarding the proposal above.

CLOSE PUBLIC HEARING

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 -275

ADOPT LOCAL LAW NO. 2 OF 2007

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007-276

RESOLVED by the Town Board of the Town of Ramapo that the proposed amendment to the local law to increase the income limitations for tax exemptions for persons with disabilities who have limited income in the Town of Ramapo and which was the subject of a public hearing on April 25, 2007 be hereby adopted, as advertised, and shall be known as Local Law No. 2 of 2007.

RETENTION OF ENVIRONMENTAL COUNSEL: KIMBERLY REA, ESQ.

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 –277

WHEREAS, the Town Attorney’s Office has been notified that an action may be commenced by the State of New York against the Town to recover the Town’s share of the cost of remediation of the Town of Clarkstown’s landfill where the Town of Ramapo had previously deposited refuse, and

WHEREAS, the Town, in its open space acquisition program, may consider property which could have potential environmental issues, and

WHEREAS, the Town Attorney’s Office has recommended that the Town retain special environmental counsel to assist the Town Attorney’s Office with respect to the above matters, and

WHEREAS, the Town Attorney’s Office is in receipt of a proposal from Kimberlea Shaw Rea, Esq., 116 Kraft Avenue, Bronxville, New York 10708, to serve as special counsel to the Town at a fee of $250.00 per hour, the total fee not to exceed $30,000, and

WHEREAS, Michael L. Klein, the Town Attorney, has reviewed the above proposal and recommends its acceptance,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby accepts the proposal of Kimberlea Shaw Rea, Esq. to serve as special environmental counsel to the Town for the year 2007 at the terms set forth above, and

BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a letter agreement with Kimberlea Shaw Rea, Esq. in a form approved by the Town Attorney’s Office.

Source of Funds: 1420A.3452 (Clarkstown litigation), H14.344619 (Open space)

AMENDMENT OF RESOLUTION NO. 2007-100: WILLIAM WHITE – ASSESSOR’S OFFICE

The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007-278

WHEREAS, the Town Board, by resolution no. 2007-100, retained William White of Sloatsburg, New York to perform real property inspection for the Assessor’s office for the year 2007 at a rate of $16.69 per hour on an as needed basis, total compensation not to exceed $5,000.00, and

WHEREAS, the amount allocated in the 2007 budget for Mr. White’s services was $10,000.00,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that resolution no. 2007-100 is hereby amended to read as follows:

“WHEREAS, the Assessor is conducting an inventory analysis of the Town’s tax roll, and

WHEREAS, the Assessor requires the assistance of an independent contractor to perform real property inspections to assist his department with the above analysis,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that William White, of Sloatsburg, New York, is hereby retained as an independent contractor to perform real property inspections for the Assessor’s Office for the period retroactive to January 1, 2007 and terminating December 31, 2007 at a rate of $16.69 per hour on an as-needed basis, total compensation not to exceed $10,000, and

BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with William White in a form approved by the Town Attorney’s Office.”

Source of Funds : 1355A.3452

DESIGNATION OF TOWN PARK FACFILITIES AS TOBACCO-FREE

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 –279

WHEREAS, smoking is responsible for the premature deaths of over 430,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases, and

WHEREAS, secondhand smoke is responsible for thousands of deaths among nonsmokers each year, and

WHEREAS, tobacco kills more American each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires and AIDS combined, and

WHEREAS, 80% of smokers started smoking before the age of 18, and the average initiation age is 12 years old, and

WHEREAS, everyday an estimated several thousand young people under the age of 18 try their first cigarette, and one-third of these children will die prematurely from tobacco-related illnesses, and

WHEREAS, the Town contains many park facilities utilized by children,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that all Town parks are designated as a tobacco-free zone including but not limited to those listed below:

Willow Tree Park

Levy Park

Clark Park

Weldler Park

Children’s Park

Ramapo Swim & Tennis Center

Camp Scuffy

Orchard Hills

Sandy Brook Park Playground

Rella Fields

Joseph T. St. Lawrence Center

APPOINTMENT OF TEMPORARY EMPLOYEE: TOWN CLERK’S OFFICE

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 –280

WHEREAS, Bettie Brown, a Record Management Assistant with the Office of the Town Clerk, will be absent from work due to a recent surgery for two months, and

WHEREAS, Christian G. Sampson, the Town Clerk, has requested that Sondra Russo, of Suffern, New York, be hired as a temporary employee in the Town Clerk’s Office for up to twenty-one (21) hours per week, seven (7) hours per day, at $21.50 per hour, commencing April 24, 2007 and ending June 15, 2007,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby retains Sondra Russo, of Suffern, New York, as a temporary employee in the Town Clerk’s Office retroactive to April 24, 2007 and ending June 15, 2007 at $21.50 per hour for up to twenty-one (21) hours per week, seven (7) hours per day, and

BE IT FURTHER RESOLVED that Ilan Schoenberger, the Director of Finance, is hereby authorized to amend the 2007 Town Budget as follows:

Transfer $3,612.00 from 1410A.3100 (Regular salaries) to 1410A.3452 (Consultant) to fund the above temporary position

APPOINTMENT OF HEARING OFFICER: DISCIPLINARY CHARGES AGAINST TOWN EMPLOYEE

The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 –281

WHEREAS, Anthony Sharan, Superintendent of Highways for the Town of Ramapo, has brought additional disciplinary charges against a Motor Equipment Operator with the Town Highway Department, and

WHEREAS, the hearing on the above additional charges is scheduled to be heard before an independent Hearing Officer,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby appoints Ricki Berger, of New City, New York, to serve as Hearing Officer with respect to the above additional charges at a fee of $180.00 per hour.

APPROVAL OF AGREEMENT: CONSTRUCTION OF RAMAPO RIVER GREENWAY TRAIL – GRANT FROM HUDSON RIVER VALLEY GREENWAY

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007-282

WHEREAS, the Town of Ramapo has been awarded a grant in the amount of $10,000 from the Hudson River Valley Greenway toward the construction of trailhead and trailside facilities for the Ramapo River Greenway Trail, and

WHEREAS, said grant requires the Town to provide matching funds through in-kind services or cash or a combination thereof,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to enter into an agreement with the Greenway Conservancy for the Hudson River Valley, Inc. with respect to receipt of a $10,000 grant towards the construction of the Ramapo River Greenway trail subject to the terms set forth above, and

BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement in a form approved by the Town Attorney’s office.

AUTHORIZATON FOR ISSUANCE OF CORRECTION DEED: HIGH MOUNTAIN/TORNE VALLEY ROAD OPEN SPACE PURCHASE

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Stein and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 –283

WHEREAS, the Town Board, by Resolution No. 2006-503, authorized the purchase of two parcels of land, one known as High Mountain containing approximately 262 acres (tax lot section 47.5-1-4), and the other containing approximately 1.5 acres adjacent to the Joseph T. St. Lawrence Community, Health and Sports Center (portion of tax lot section 39.19-1-7), from Ramapo Land Co. in the Torne Valley section of the Town of Ramapo, and

WHEREAS, the deed transferring title to the Town of Ramapo contains an error in that it includes a description of an additional 15 acre parcel of land which was not part of the sale (tax lot section 39.19-1-7.2),

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby agrees to execute a deed and other necessary documents in cooperation with Ramapo Land Company to correct the error in the conveyance, and

BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute a deed and other necessary documents in a form approved by Town Attorney’s Office.

RESOLUTION OF INTENT: LEASE OF 20 TORNE VALLEY ROAD TO SUFFERN PARKING AUTHORITY – COMMUTER LOT

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 –284

WHEREAS, the Town of Ramapo currently owns property at 60 and 20 Torne Valley Road in the Village of Hillburn, and

WHEREAS, the Suffern Parking Authority has expressed an interest in leasing 20 Torne Valley Road and a portion of 60 Torne Valley Road for use as a commuter parking lot,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it expresses its intent to enter into a lease agreement with the Suffern Parking Authority for use of 20 Torne Valley Road and a portion of 60 Torne Valley Road for use as a commuter parking lot subject to the following:

(1) approval by the Town Board of lease agreement

(2) The Town, prior to formal execution of a lease, may decline if said property can be utilized for another municipal purpose, which the Town Board determines to be in the best interest of the Town

APPOINTMENT OF GROUNDS WORKER – PARKS & RECREATION (GOLF)

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007-285

WHEREAS, there is a vacancy in the position of Groundsworker at the Town of Ramapo Parks & Recreation Department (Golf), and

WHEREAS, the Director of Parks and Recreation has made the following recommendation,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Board does hereby appoint James Maroney, Washingtonville, New York, a Groundsworker, Grade 8, effective April 30, 2007, at the annual salary of $33,623, subject to the pre-employment physical clearance, at which time he will be made permanent.

SOURCE OF FUNDS: OPERATING BUDGET 7250.3100

AMENDMENT OF 2007 BUDGET: TRANSFER OF FUNDS – GLORIA DRIVE PUMP STATION

The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 –286

WHEREAS, the Town of Ramapo has authorized improvements to the Gloria Drive Pump Station, and

WHEREAS, additional funds must be transferred to fund the improvements,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that Ilan Schoenberger, the Director of Finance, is hereby authorized to amend the 2007 Town Budget as follows:

Transfer $5,100.58 from H33 (Machinery and equipment) to H02 (Gloria Drive Pump Station) to fund the cost of the improvements

AUTHORIZATION FOR EMPLOYEE TO ATTEND 2007 TAX COLLECTORS’ SEMINAR IN SYRACUSE, NY – JUNE 10^TH-13^TH

The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 -287

WHEREAS, Town of Ramapo Receiver of Taxes, Nathan Oberman, has requested authorization to attend the Association of Towns’ 2007 Seminar for Tax Collectors at the DoubleTree Hotel in Syracuse, New York from June 10-13, 2007, and

WHEREAS, costs for this seminar would include the registration fee of $85.00, $505.00 for hotel and most meals for 3 nights and should not exceed a total of $895.00 if a Town vehicle is used

WHEREAS, attendance at the seminar has been provided for in the 2007 budget

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that permission be hereby granted for Nathan Oberman to attend the above seminar at a total cost not to exceed $895.00, and

BE IT FURTHER RESOLVED that said expenses incurred by the above at this conference are to be considered proper municipal charges under Town Law, Section 116(12) and General Municipal Law, Section 77b.

Source of Funds: 1330a.3465 Receiver of Taxes

AUTHORIZATION FOR EMPLOYEE TO ATTEND NEW YORK STATE LOCAL GOVERNMENT INFORMATION TECHNOLOGY DIRECTORS ASSOCIATION CONFERENCE IN SARATOGA SPRINGS, NY – MAY 29^TH-JUNE 1^ST

The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 - 288

WHEREAS, Town of Ramapo Computer Systems Trainer, Teresa Reeck, has requested authorization to attend, the NYS Local Government IT Directors Association annual conference from May 29 to June 1, 2007 in Saratoga Springs, New York, and

WHEREAS, the cost for this seminar, room plus meals is $49.00 if a Town vehicle is available, and

WHEREAS, attendance at the seminar has been provided for in the 2007 budget

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that permission be hereby granted for Teresa Reeck to attend the above seminar at a total cost not to exceed $49.00, and

Source of Funds: 1680a.3465

SET PUBLIC HEARING: PHASE II STORMWATER COMPLIANCE

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007 – 289

WHEREAS, New York State’s Phase II Storm Water Regulations require the Town to conduct a public hearing to review the Town’s fourth year compliance with the Phase II Storm Water regulations,

NOW, THEREFORE, BE IT RESOLVED that a public hearing to consider the Town’s Phase II Storm Water Compliance will be held on May 9, 2007 at 8:00 p.m. at Ramapo Town Hall, 237 Route 59, Suffern, New York 10901.

OPEN PERIOD FOR PUBLIC PARTICIPATION

The following persons addressed the Town Board:

Julius Graifman – 4 Helen Court, SV – contradicted statements attributed to Dr. J. Oppenheim
Robert Romanowski – 177 Maple Avenue, Monsey – suggested amendments to enforce Local Law #1 of 2007
Joseph Meyers – referenced suggestions to Town Board regarding RLUIPA
Israel Kahan – 9B Kaser Terrace – spoke in support of filling vacancies in Town of Ramapo Police Department
Dennis Proctor (President, TOR PBA) – spoke in favor of Police Department filling vacancies on Police Force

The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter and unanimously adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007-290

RESOLVED by the Town Board of the Town of Ramapo that the Open Period for Public Participation held this evening, April 25, 2007, be hereby closed at 9:52 PM.

COUNCILMEMBERS COMMENTS:

There were no comments this evening.

SUPERVISOR’S REPORT:

Supervisor St. Lawrence – extended condolences to Catskill area police department attack; described his administrative achievements in connection with development of police department force and resources; Town of Ramapo awarded #1 in New York State.

ADJOURNMENT

The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and adopted by those board members present, with Councilman Reiss absent:

Resolution No. 2007-291

RESOLVED by the Town Board of the Town of Ramapo that the Regular Meeting of the Ramapo Town Board held this evening, April 25, 2007, be hereby adjourned at 10:05 PM.

Respectfully submitted,

Christian G. Sampson

Town Clerk

CC: Town Board

Town Attorney

Finance