Town Board - Regular Meeting

TOWN OF CLARKSTOWN TOWN BOARD REGULAR MEETING Town Hall Auditorium April 8, 2025 at 7:00 PM MINUTES

PRESENT: Supervisor George Hoehmann Councilman Mark Licker Councilman Michael Graziano Councilman Donald Franchino Councilman Robert Axelrod Town Clerk Lauren Wohl

ABSENT: The Supervisor George Hoehmann declared the Town Board meeting opened. Assemblage saluted the flag. The Town Clerk read the roll call.

PUBLIC HEARING The Public Hearing on tonight's agenda is withdrawn. Town Attorney, Kevin Conway, spoke regarding this Public Hearing. We were asked to take a look at the proposed public hearing (proposed Town Law). We were asked to look at the history behind it, as well as the practicality of it going forward. The Town will perform a review and then report back.

The Supervisor stated that it had been something that had been proposed concerning waving fees for not-for- profits from the building department. Fees are already covered in the Town Code with our Fee Schedule, so it may be redundant. It has been withdrawn and the Town Attorney will take a look at this and return back the Town Board - to see if it needs to be reintroduced at a future date.

PUBLIC HEARING #1: PH-1. ~ Withdrawn

PUBLIC COMMENTS REGARDING AGENDA ITEMS AND GENERAL

PUBLIC COMMENTS Matthew Brennan, New City During his time with the NYPD, there were many protesting demonstrations. The NYPD focus was was to provide a safe environment so demonstrators on both sides of an issue was to stay peaceful and non-violent during their demonstrations. The anti-Trump demonstrations of this past weekend were the most massive demonstrations of recent times.

Locally, at the intersection of Route 59 and Middletown Road in Nanuet there were over 500 people who occupied all four corners. Historically, the Veteran Park, on the southeast corner is for Veteran - Pro Government demonstrators. The other corners are for anti government demonstrators. On Saturday, April 5th, Mr.

Brennan showed up to support President Trump, and he stated that the Clarkstown Police should be present in the Veteran's Park to make sure everyone is safe to demonstrate. He stated that he was outnumbered and requested a Police presence with the on duty desk officer. He feels his right to demonstrate was not enforced by the Clarkstown Police Department.

There will be more demonstrations in the future, with more Trump supporters showing up. He would like to see the Police develop a plan to allow all to demonstrate and exercise their Civil Rights. As a Veteran of the US Marine Corps, having served during the Vietnam War era. He was on active duty 50 years ago. Mr. Brennan stated that if anyone has a right to be in the Veteran Park, it is him.

Steve Levine, Congers Mr. Levine wanted an explanation on items 12 and 14 from the agenda. This information is in reference to 139 Massachusetts Ave. in Congers and was read to the public. We (residents of Congers), would like to know the number of bidders on the property. Did the Town require soil testing to verify that the known toxic, hazardous and carcinogenic materials found on that site are no longer there?

Did the Town require the testing report results to be provided to the Town within a specific time frame and if contamination was found the buyer would be required to provide the Town with a remediation plan.

If the Town did not require soil testing as a condition of the sale, which would be the prudent course of action to protect the residents from any possible airborne health hazard please explain why that was not done. Has the Town complied with the Federal court order that the site be fully remediated to the Courts satisfaction and has this been satisfied to the Court.

A copy of this letter was given to the Kevin Conway - Town Attorney, Lauren Marie Wohl - Town Clerk, the entire Town Board and Mr. Patrick Rocco (neighbor of the property)." Jackie Dreschler, Valley Cottage Regarding resolution #3 - she is concerned about establishing a Hamlet Center. She believes this has to do with Housing. What is the actual Hamlet Center for Congers and Valley Cottage?

Is it on Congers Road and Main Street? Resolutions 5-6-7 authorize funds for the Highway Department. She feels this is a lot of money. She feels the roadwork on Mountainview Avenue is ridiculous. This winter has been brutal. O&R refuses to disclose what the project is, how much it costs, or when it will be completed. This road is always in terrible condition. It is extremely dangerous.

She does not want any funds from Clarkstown going to Orange and Rockland to re-pave this road. To Mr. Brennan - Ms. Dreschler was at the protest in Nanuet. She has never had or seen an incident where they have disregarded someone else's right to protest. She stated that cars have jumped the curb as she protested. She always appreciated the Police presence.

She stated that their hearts are with everyone who is there to protest. Jon Valentino, Former Councilman Mr. Valentino came to say a few things. He was recently at the West Nyack Little League for the Ribbon Cutting for their Turf Field. He wanted to thank the Town for doing such a great job. As a former Town Board member, he was delighted to vote for this.

As the Vice Chairman for the Parks and Recreation Commission, he is happy to see these things happen in Clarkstown. These are things that the Town needs. It helps to bring young families into our Town. The Supervisor responded: He asked Captain Cummings and Captain Fay if they ever had complaints of cars jumping the curbs during protests. They both stated NO. Lt.

Von Ronn was at the demonstration and there were about 400 protesters at the site on April 5th. Captain Fay stated that they have a police presence in the distance from the protesters. He stated that the goal of their department is to protect the rights and safety of all individuals protesting. Also, the rights of the property owners, and those traveling the highways. It is a delicate balance.

When there is a planned protest, in advance, the police reach out to the organizers. They came to the Police Department, where their information is recorded. We reviewed their plans, their intentions and how long they will protest. They are given rules as to what they can and cannot do during the protest. The obligations are all reviewed and the crowd demonstrated with no problems. Everyone abided by the rules.

In addition, Captain Cummings was on the command staff during Black Lives Matter and he confirmed there were no reports of cars jumping the curb. The Supervisor wants the facts to be clear. The Supervisor answered Mr. Levine: regarding items 12 and 14 - The Town's Engineer, Michael Gianatasio spoke about the Congers Trailway. Some of the structural material was deteriorating, and some of the walkway was moving.

This original project was completed 15 years ago. Certain sections needed to be replaced. Certain sections were closed for a period of time for repair. Item 14 involves leasing Town property to a former employee. Improvements are being worked on. The Town is trying to get market value for the lease. This gentleman has been renting this property for 25-30 years.

We are making the Town residents as whole as possible in terms of this lease. The Town received appraisals for the rental. It is in the best interest to the Town to enact this lease. Regarding Massachusetts Avenue in Congers - The contaminated soil from the prior owner was disposed of at the Town's expense. The Town took over the property at the Town's expense.

The property went into foreclosure and the Town purchased it. The Town spent a million dollars to remediate the soil. It has a clean bill of health. There are no remaining issues. It has always been a single family residence and will stay that way. No building on the site will disturb the soil on the site. There are no legal issues that would prevent the Town from proceeding with the sale.

There were multiple bidders (at least six), on the property and one was selected. This was done through our Purchasing process with Mr. Robert Berdy (a 20 + year employee with the Town). The home will be fixed up and get back on the tax role. Mr. Simoes spoke regarding the Hamlet Centers - The Public Hearing is scheduled for May 20th. It introduces zoning in Congers, Valley Cottage and West Nyack.

In West Nyack the center is from Sickletown Road to the Railroad. In Congers the center is from Lake Road (North Harrison to Route 303). Valley Cottage center runs from along Kings Highway (Maple Road to Lake Road - including Old Lake Road). It's the little bit of commercial property that exists in these hamlets. Each hamlet allows apartments over retail.

This has been on the Town's radar since the last comprehensive plan. The Supervisor stated that this Local Law will put a cap on what can and cannot be done in these hamlets. Highway Superintendent, Bob Milone The Town was on a forty year paving cycle - doing eight miles of road a year. In some years we have done 20-30 miles. Of our over 300 town roads in Clarkstown, we have paved well over 200.

The town contacts all of the utility companies, telling them what roads we want to pave each year. Asking what infrastructure upgrades are planned for the next five years. Once a road is paved, they cannot open the road for 5 years. We wanted to pave Mountainview a few years back, but they had plans for infrastructure. Once they complete the work/construction, we will work on it.

The utility companies will give us money for the trench itself. This will offset the costs. They are now paying for a new lane on each road. Mr. Milone will make sure all the repairs get completed now that the winter is over. They do want the trenches to settle a year before paving over them. Orange and Rockland will be paying for at least one lane of the road. We have over 300 roads that are twenty years or older.

About 60 miles to work on. We cut the 40 year cycle to about 12-15 years.

RESOLUTIONS

AGENDA ITEM #1: RESOLUTION No (181-2025) - Amending the Budget — Adopted

AGENDA ITEM #2: RESOLUTION No (182-2025) - Amend Resolution No. 279-2023 & No. 62-2024 (Authorizing Purchase of Software and Services from Tyler Technologies) — Adopted

AGENDA ITEM #3: RESOLUTION No (183-2025) - Setting a Public Hearing on a Proposed Local Law Entitled “A Local Law Amending Chapter 290 (Zoning) of the Town Code and the Zoning Map of the Town of Clarkstown to Establish the Hamlet Center - Congers (HC-C), Valley Cottage (HC-VC) And West Nyack (HC-WN) Zoning Districts — Adopted

AGENDA ITEM #4: RESOLUTION No (184-2025) - Authorizing The Supervisor to Enter into an Agreement with the County of Rockland, Acting on Behalf of the Youth Bureau/ Rockland Conservation and Service Corps, for Summer Member Program (Planning Department) - 2025 (Not to exceed $5,000)

AGENDA ITEM #5: RESOLUTION No (185-2025) - Authorizing Expenditure of Funds by the Highway Department for Various Pavement Surface Treatments (Total cost shall not exceed: $2,060,000.00 (Serial Bonds))

AGENDA ITEM #6: RESOLUTION No (186-2025) - Awarding Bid #4-2025 -- 2025 Roadway Resurfacing Program (Total project cost: $2,450,000.00 (Serial Bonds))

AGENDA ITEM #7: RESOLUTION No (187-2025) - Authorizing the Financing of the Costs of the 2025 Roadway Resurfacing Program Throughout Town ($2,500,000 Serial Bonds)

AGENDA ITEM #8: RESOLUTION No (188-2025) - Awarding Bid #5-2025 -- 2025 Concrete Curb and Sidewalk Replacement Program — Adopted

AGENDA ITEM #9: RESOLUTION No (189-2025) - Advertising Bid #9-2025 -- Mechanical and Plumbing Work for Clarkstown Warehouse at 40 First Street, New City, NY — Adopted

AGENDA ITEM #10: RESOLUTION No (190-2025) - Authorizing the Supervisor to Enter into a License Agreement with George and Zina Grishaj Regarding Encroachment on Town Drainage Easement — Adopted

AGENDA ITEM #11: RESOLUTION No (191-2025) - Authorizing the Supervisor to Enter into a Sixth Amendment to an Agreement with D & B Engineers & Architects, P.C. for Environmental Monitoring Services at the Clarkstown Sanitary Landfill (Total Cost: $31,900 for 2025 and $32,300 for

2026)

AGENDA ITEM #12: RESOLUTION No (192-2025) - Authorizing the Use of Money-In-Lieu-Of-Lands Funds to Cover the Cost of Emergency Repairs to the Congers Lake Trailway Boardwalk (Total: $163,415.00 (MILOL Funds))

AGENDA ITEM #13: RESOLUTION No (193-2025) - Granting Certificates of Registration to Perform Sewer Related Work — Adopted

AGENDA ITEM #14: RESOLUTION No (194-2025) - Authorizing the Supervisor to Execute New Lease for Town Owned Property with Regard to 18 S. Route 303, Congers — Adopted

AGENDA ITEM #15: RESOLUTION No (195-2025) - Authorizing Expenses for Conference (New York State DARE Officers Association Training) (Total Not to Exceed: $3500.00)

AGENDA ITEM #16: RESOLUTION No (196-2025) - Authorizing Expenses for Conference (American Association of Police Polygraphists) (Not to Exceed: $3,000.00)

AGENDA ITEM #17: RESOLUTION No (197-2025) - Accepting the Resignation (by Retirement) of James McCormick - Police Lieutenant - Police Department, Accepted and Retroactive to March 28, 2025 — Adopted

AGENDA ITEM #18: RESOLUTION No (198-2025) - Accepting the Resignation (by Retirement) of Patricia Amendola - Senior Account Clerk Typist - Recreation and Parks Department, Accepted and Retroactive to April 5, 2025 — Adopted

AGENDA ITEM #19: RESOLUTION No (199-2025) - Appointing Jayme Metz to the Position of Clerk - Part Time - Parks and Recreation Department, Effective and Retroactive to March 25, 2025 ($20.00/hourly)

AGENDA ITEM #20: RESOLUTION No (200-2025) - Reappointing Donald Ritch to the Position of Member of the Alarm Users Review Board, Term Effective April 8, 2025 and Expire on April 7, 2027 ($1,010/annual)

AGENDA ITEM #21: RESOLUTION No (201-2025) - Reappointing George Wamsley to the Position of Member - Sanitation Commission, Term Effective and Retroactive to February 16, 2025 and Expire on February 15, 2030 ($3,121/annual)

AGENDA ITEM #22: RESOLUTION No (202-2025) - Granting Leave to Kylie Culianos, Effective April 29, 2025 to October 1, 2025 — Adopted

AGENDA ITEM #23: RESOLUTION No (203-2025) - Granting Leave to Stacey Lakis, Effective and Retroactive to March 10, 2025 — Adopted

AGENDA ITEM #24: RESOLUTION No (204-2025) - Appointing Michael Finamore to the Position of (Permanent) Police Officer - Town of Clarkstown Police Department, Effective April 21, 2025 ($70,232/annual)

AGENDA ITEM #25: RESOLUTION No (205-2025) - Appointing Nicholas Palumbo to the Position of (Permanent) Police Officer - Town of Clarkstown Police Department, Effective April 21, 2025 ($70,232/annual)

AGENDA ITEM #26: RESOLUTION No (206-2025) - Appointing Nicholas Russo to the Position of (Permanent) Police Officer - Town of Clarkstown Police, Effective April 21, 2025 ($70,232/annual)

AGENDA ITEM #27: RESOLUTION No (207-2025) - Appointing Peter Smith to the Position of (Permanent) Police Officer - Town of Clarkstown Police Department, Effective April 21, 2025 ($70,232/annual)

AGENDA ITEM #28: RESOLUTION No (208-2025) - Accepting the Town Board Meeting Minutes of March 25, 2025 — Adopted

ADJOURNMENT At 7:38 PM, the Supervisor made a motion to close and adjourn this Town Board Meeting. This was offered by Co. Licker, seconded by Co. Graziano. All were in favor. Respectfully Submitted, Electronically Signed Lauren Marie Wohl - Town Clerk UPCOMING MEETING Next Town Board Meeting is scheduled for Tuesday, April 22, 2025 at 7:00 p.m.