38 REGULAR SESSION - Thursday, February 2, 2006

WHEREAS, NYSERDA has offered a grant in the amount of $150,000.00 for decentralized
wastewater demonstration project in the Greenwood Lake area where there are failed on-site septic
systems and poor water quality; and

WHEREAS, this Legislature does wish to authorize the County Executive to accept said grant
funds from the NYSERDA. The grant cost sharing includes the following: Orange County Water
Authority - $39,000.00 in kind contribution; Greenwood Lake - $28,750.00 in kind contribution,
$1,250.00 in cash; Town of Warwick - $14,750.00 in kind contribution, $250.00 in cash.

NOW, THEREFORE, it is hereby

RESOLVED, as follows:

1. That the County Executive, on behalf of the Orange County Water Authority, is hereby
authorized to accept a grant in the amount of $150,000.00 from NYSERDA, and to execute any and
all other papers and agreements required in connection with such grant, subject to review thereof by
the County Attorney for purposes of form and content.

Seconded by Mr. Winstanley.

The vote resulted as follows:

Ayes: Pillmeier, Marino, Amo, Benton, Berkman, Bonacic, Brescia, Burger, Depew, Donnery,
Eachus, Fornario, Kulisek, McLaughlin, Paduch, Pahucki, Seidman, Spencer, Winstanley, Lahey

Absent: Decker

Ayes 20; Noes 0; Absent 1; ADOPTED.

Sponsors: Decker and Depew

RESOLUTION NO. 17 OF 2006

RESOLUTION OF THE ORANGE COUNTY LEGISLATURE APPROVING THE

GRANT OF AN EASEMENT TO ORANGE AND ROCKLAND UTILITIES ALONG A
PORTION OF THE HERITAGE TRAIL FOR THE INSTALLATION OF A NATURAL GAS
DISTRIBUTION PIPELINE, DECLARING ITSELF LEAD AGENCY AND ISSUING A
NEGATIVE DECLARATION UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW
ACT (SEQRA).

WHEREAS, Orange and Rockland Utilities has requested that the County Of Orange convey to
it a 20-foot wide easement along the west side of the Heritage Trail in the Town of Monroe, and
under the Heritage Trail at Greycourt Road in the Village of Chester, for the construction, installation
and maintenance of a natural gas distribution line running approximately 3,500 feet (the project);
and

WHEREAS, Orange and Rockland Utilities is willing to assume all responsibility and costs for
the design, construction, security and restoration of the Heritage Trail associated with the project;
and

WHEREAS, the conveyance of the aforesaid easement is subject to a construction and

maintenance agreement that will include, but not be limited to, provisions for insurance,
indemnification, a construction schedule, a traffic, safety and security plan, inspections by the
Orange County Department of Public Works, fair compensation for the conveyance, and such other
 REGULAR SESSION - Thursday, February 2, 2006 39
terms and conditions as are acceptable to the County Attorney and County Executive; and

WHEREAS, this Legislature previously declared its notice of intent to be Lead Agency for the
project under the State Environmental Quality Review Act (SEQRA) and based upon an environmental
review performed by Orange and Rockland Utilities for the project, including Parts I, II and III an
Environmental Assessment form, this Legislature has determined that the project is an unlisted
action and will not have any significant adverse impact on the environment;

NOW, THEREFORE, it is hereby

RESOLVED, that the County Executive is hereby authorized to enter into an Agreement with
Orange and Rockland Utilities for the conveyance of an approximately 3,500 foot easement along
the Heritage Trail in the Town of Monroe, including approximately 400 feet under the Trail at
Greycourt Road in the Village of Chester, such easement to be subject to the review and approval of
the County Attorney, and said agreement to include, but not be limited to, provisions for insurance,
indemnification, a construction schedule, a traffic, safety and security plan, inspections by the
Orange County Department of Public Works, fair compensation for the conveyance, design,
construction, restoration of the Heritage Trail and such other terms and conditions as are necessary
and acceptable to the County Attorney and County Executive; and it is hereby further

RESOLVED, that this Legislature hereby declares itself Lead Agency for the project, determines
that the project is an Unlisted action under SEQRA, and that the project will not have any significant
adverse affects on the environment.

Seconded by Mr. Winstanley.

Mr. Amo asked if this was a distribution or transmission line which is a question that came up
from the Town of Monroe. The pipe is a 16 inch steel welded pipe which is a large pipe. A distribution
pipe might be smaller in diameter.

Mr. Fares stated that he could not comment because he is not aware of who they are supplying or
distributing to. Without looking at the plan and talking to someone at O & R he cannot answer that.

Mr. Amo pointed out that since it is a very large pipe it could do a lot more under the word
distribution.

Mr. Fornario answered that he raised this question at the meeting with the O & R representatives.
It is a distribution pipeline, not a transmission pipeline. The amount of pressure going through the
pipe is 80 lbs.

Mr. Paduch noted that there were many questions before O & R made a presentation to Physical
Services. He brought up concerns that are now negotiated into the contract regarding contaminated
soils and daily inspections by DPW. He thought this pipeline was an extra transmission line in case
there was a problem. There is quite a list of people who want to tap into this if it is a distribution
line. He asked who would benefit from this line.

Mr. Berkman explained that in caucus Mr. Darwin stated that he would handle some concerns
on the Countys behalf. There was a lack of reference in the contract about stockpiling of dirt. It
also asserts that there is no surface water and air quality impact and no liability attached to the
County with respect to O & Rs activities.

Mr. McLaughlin noted that the designation of Orange County as the fastest growing county in
the State of New York is largely because of the development that has occurred in and around the
Monroe area. Monroe is underserved at this time by the distribution lines that are there now for O
40 REGULAR SESSION - Thursday, February 2, 2006

& R. They have not been upgraded in years. This is an upgrade to serve the population that is there
now and to accommodate future growth. This is an issue of service and safety in the Monroe area
first and foremost. It is absolutely needed now.

Mr. Marino suggested that there were many questions raised at the committee meeting that were
not answered at that time. Mr. Darwin gave a very thorough explanation today and agreed to include
some of the suggestions in the contract. Perhaps in the future when there are unanswered questions,
the answers should be supplied before voting on the matter.

Mr. Depew agreed that the Physical Services Committee provided for ample discussion regarding
questions and to make sure that the easement would be in the best interest of infrastructure for a
growing county. He asked Mr. Amo if whether it is a transmission or distribution line is a matter of
public safety. He stated that he feels confident in this infrastructure and it is one of the purposes of
the Heritage Trail to provide for easements. He thanked the County Executive and County Attorney
for providing cost figures for this project.

The vote resulted as follows:

Ayes: Pillmeier, Marino, Amo, Benton, Berkman, Bonacic, Brescia, Burger, Depew, Donnery,
Eachus, Fornario, Kulisek, McLaughlin, Paduch, Pahucki, Seidman, Spencer, Winstanley, Lahey

Absent: Decker

Ayes 20; Noes 0; Absent 1; ADOPTED.

JOINT-PHYSICAL SERVICES COMMITTEE AND WAYS AND MEANS COMMITTEE:

Sponsors: Fornario and Benton:

RESOLUTION NO. 18 OF 2006

RESOLUTION DATED FEBRUARY 2, 2006

RESOLUTION APPROVING AN INCREASE AND IMPROVEMENT OF FACILITIES

FOR ORANGE COUNTY SEWER DISTRICT NO. 1 IN THE COUNTY OF ORANGE, NEW
YORK.

WHEREAS, the County Legislature of the County of Orange, New York, has heretofore duly
caused to be prepared by County engineers a report and estimate of cost, relating to an increase and
improvement of the facilities of County Sewer District No. 1 of the County of Orange, New York
(the District) which report and estimate of cost have been filed with the County Legislature pursuant
to Section 268 of the County Law; and

WHEREAS, said report and estimate of cost describe a proposed increase and improvement of
the facilities of the District, consisting of the construction of approximately 6,875 feet of eight inch
(8) diameter sanitary sewer main in Orange County Sewer District No. 1 (the District) to service
approximately eighty-five (85) existing residential homes in approved subdivisions in and around
the Skyview Terrace area in the Town of Monroe, and such other sewer improvements, all of the
foregoing as more fully described in the report and estimate of cost hereinbefore referred to; and

WHEREAS, the maximum estimated cost of said increase and improvement of the facilities of
said Sewer District is $748,550; and

WHEREAS, said County Legislature duly adopted Resolution No. 305 of 2005 on October 6,