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Town Board Minutes 01/10/2006
Work Session held by the Town Board, Town of Yorktown on
January 10, 2006.
Yorktown Town Hall


Present:        Linda G. Cooper, Supervisor
                Matthew Metz, Councilman
                       Louis Campisi, Councilman
                       Alice E. Roker, Town Clerk

Absent  James Martorano, Councilman
                       Nicholas Bianco, Councilman  
        

CLOSED SESSION
At 6:00 p.m., Councilman Campisi moved, seconded by Councilman Metz, to move into Executive Session to discuss the employment of a particular persons, to conduct police interviews, to discuss police grievances, to discuss CSEA salary recommendations, legal department discussion and a litigation update concerning the Croton Landfill.


OPEN SESSION
Bed & Breakfast, Granite Springs Road/Route 202
        The participants in this discussions were William Primavera, Betty Nettlefield, Gordon Fine, and Eric DiBartolo.

        Mr. Primavera explained that he and Ms. Nettlefield are Real Estate Agents who will be attempting to sell a home formerly known as the Nathaniel Strang Household is directly across the street from the Middle Strang Middle School.  This property, which is 1.3 acres, it is already sewered and has an additional building on the property which is believed to be the oldest standing structure in Yorktown.  Mr. Primavera and Ms. Nettlefield believe this property would make the perfect bed and breakfast.

        Councilman Bianco expressed his doubts about bed and breakfasts.  He suggested if the business failed, then it could become rooming houses.  He also expressed his concern about this particular location stating that it is across the street from two schools.

        Councilman Campisi also questioned whether Bed & Breakfasts should be in residential areas.

        Eric DiBartolo also expressed concern about what this would do for traffic at an intersection which is already busy.

        Mr. Fine, a member of the Zoning Board of Appeals stated that the house would require a Special Use Permit which would have to be granted by the Zoning Board.  The realtors should apply to the Zoning Board of Appeals
                  

HOG HILL ASSOCIATES
ROUTE 100 - DELL AVENUE
       Aldo Vitagliano, attorney for Hog Hill Properties explained that his client is the contract vendee on the parcel containing  93.5 acres .  The property is along the southern border of Yorktown and New Castle and is zoned R1-80.    His client would like to develop the property as an over 55 active adult community.  The Board looked at a plan which proposes 195 townhouse units in clusters.  The applicant would need to have the property rezoned to RSP-2.
                        
        Mr. Vitagliano stated that his client has already been in discussions with the New York City Department of Environmental Protection because of its proximity to the reservoir.  They will be meeting with the New York State Department of Transportation because of its proximity to Route 100.  They have discussed purchasing water from the Town of New Castle.  They will be speaking to IBM regarding hooking into its sewage system.   He further explained that this development would not place any strain on the school districts.  The homes would be fee simple.  The access to the site would be off Route 100 and Dell Avenue.

        An official of Piazzo Development, the contract vendee stated that his firm has been in discussions concerning development on this site for the past year.  Their intent is to leave the majority of the land open.  They have discussed this aspect of the development of the property with the Hudson River Estuary

        Supervisor Cooper raised issues concerning its proximity to the reservoir, whether the site would have access problems and density on the site.

        The applicant was told to submit an application to the Town Board.


MILL POND DAM
        Residents of the area surrounding the Mill Pond Dam addressed their concerns regarding the spoke to the break in the dam.

        The Town Board acknowledged that it had undertaken temporary measures, reducing the water level in the pond.  But that a final solution would probably cost millions of dollars.  In addition, the Town Attorney further stated that a title search was underway to see who owned the dam.  If it turns out that the Town does not own the dam, we would not be able to fix it.  If we own the land jointly with homeowners, than a financial solution would have to be worked out.  In the meantime, the Town will continue to monitor the site and make whatever adjustments that are necessary.  

        The Town Attorney will continue to research who owns the dam.


AUTHORIZATION TO SIGN AGREEMENT WITH
AZERTIA USA INC.
RESOLUTION #19
        Upon motion made by Councilman Campisi, seconded by Councilman Metz,

        WHEREAS, the Yorktown Consolidated Water district requires the services of a firm for a maintenance agreement for updating the existing digital mapping system for the Water Department;

        WHEREAS, the Yorktown Consolidated Water District has requested Azertia USA Inc. to prepare a maintenance agreement for this work;

        WHEREAS, Azertia USA Inc. submitted this proposal dated October 15, 2005 to provide professional services to manage the existing digital mapping system consisting of data and software maintenance;

        WHEREAS, Azerita USA Inc. will be paid an annual fee of $16,000.00, along with a schedule for fees to be paid beyond the support services offering, if needed;

        BE IT HEREBY RESOLVED, that the Yorktown Consolidated Water District is authorized to engage Azertia USA Inc., 2 John E. Walsh Boulevard, Building 2, Peekskill, New York 10566 to perform the services described above for the compensation set forth.

        Cooper, Metz, Campisi voting aye.
        Resolution adopted.


AUTHORIZATION TO APPROVE CSEA
AGREEMENT RATIFICATION
RESOLUTION #20
        Upon motion made by Councilman Campisi, seconded by Councilman Metz,

        RESOLVED, the Town Board authorizes the Town Supervisor to sign the four year CSEA agreement covering the period of January 1, 2005 through December 31, 2008.

        Cooper,  Metz, Campisi,  voting aye.
        Resolution adopted.
                                

AUTHORIZE PAY INCREASES
RESOLUTION #20A
        Upon motion made by Councilman Campisi, seconded by Councilman Bianco,
                Whereas, the employees on the attached list shall receive increases in accordance with the CSEA contract, with the noted exceptions:

        Don Beaumont
        Seymour Samuels
        Bruce Zarzeski
        Anne Anderson
        Patti Malone
        Linda Grant (2006, 2007 2008)
        Douglas Fitzmorris
        Diana Quast
        Patrick Culhane
        James Kenny
        Mark Silverman
        Edward Ciffone
        Howard Moskalik
        Charlotte Tarkin
        Monica Doherty (2005, 2007, 2008 – 2006 rate to $23.00)
        Craig Stevens   
        Nancy Augustowski
        Catherine Dillon
        Michelina Gannon
        Joseph Sorrentino (2006, 2007, 2008)
        Lorraine Capellini (2006, 2007, 2008)
        Cynthia Strang (2006, 2007, 2008)
Donna Pellicci
        Jane Perito


        Whereas, the Department Heads of the Town of Yorktown shall be granted salary increases following the CSEA union agreement in addition to a 1% annual bonus.

        Whereas, the following employees shall receive the listed salary adjustments effective 01/01/05 in addition to any percentage increases separately approved:

        Assessor                        Robert Killeen          +1,475
        Director of Planning            John Tegeder            +2,565
                                
        Whereas, the following employees shall receive the listed salary adjustments effective 01/01/06 in addition to any percentage increases separately approved:

        Tax Receiver                    Elfriede Schmid         +2,978
        Library Director                Patricia Barresi                +1,500

        
        Cooper,  Metz, Campisi,  voting aye.
                                Resolution adopted.


AUTHORIZATION TO SIGN AGREEMENT WITH
CHAS. SELLS & ARBEN CONSTRUCTION - MILL POND DAM
RESOLUTION #21
        Upon motion made by Councilman Campisi, seconded by Councilman Metz,

        WHEREAS, The New York State Department of Environmental Conservation Dam Safety Division requires the Town of Yorktown to comply with its breach of dam safety requirements including a design and subsequent construction for an immediate approach, NOW THEREFORE BE IT               

        RESOLVED, that the Supervisor be authorized to sign a Professional Services Agreement with Chas. H. Sells, Inc. and a purchase order with Arben Construction for a total cost not to exceed $50,000 combined for emergency design and construction services.

        Cooper,  Metz, Campisi,  voting aye.
        Resolution adopted.     
                                                

INCREASE OF CONTRACT AMOUNT
PHILLIPS PREISS
RESOLUTION #22          
        Upon motion made by Councilman Campisi, seconded by Councilman Bianco,

        WHEREAS, on November 29, 2002 the Town Board authorized a contract with Phillips Preiss, et al, in the amount of $252,000.00 and

        WHEREAS, on June 6, 2004 said contract was increased to $312,000.00, and

        WHEREAS, additional services were required,

        NOW THEREFORE BE IT RESOLVED, said contract shall be increased to $327,000.00.

        Cooper, Metz, Campisi, voting aye.
        Resolution adopted.     
                                        
                
CANCELLATION OF CONTRACT -
PMA INSURANCE GROUP
RESOLUTION #23
        Upon motion made by Councilman Campisi, seconded by Councilman Bianco,

        WHEREAS, the Town Board of the Town of Yorktown hereby authorizes cancellation of the third party administrative services contract with PMA Insurance Group for worker compensation claims effective March 31, 2006.

        Cooper,  Metz, Campisi, voting aye.
        Resolution adopted.     

                                        
APPROVAL OF CARRY-OVER VACATION
RESOLUTION #24
        Upon motion made by Councilman Campisi, seconded by Councilman Bianco,

        WHEREAS, upon request of the Town Comptroller, the following employees shall be allowed to carry over 2005 vacation days to be used in 2006:

                Deputy Comptroller Ardith Orr   -       5 days
                Accountant Patricia Caporale    -       5 days


        Cooper,  Metz, Campisi, voting aye.
        Resolution adopted.     


LEGAL SERVICES APPOINTMENTS
RESOLUTION #25
        Upon motion made by Councilman Campisi, seconded by Councilman Bianco,

           RESOLVED, that Kevin Sweeny be and is hereby appointed to the position of Town Attorney and shall have all the powers and perform all the duties of the Town Attorney not inconsistent with the law serving at the pleasure of the Town Board or until the first day of January next succeeding the first biennial Town Election and be it

         FURTHER RESOLVED, that Adriana Kierzenbaum-Seigel be and is hereby appointed to the position of Deputy Town Attorney and shall have all the duties of the Deputy Town Attorney not inconsistent with the law serving at the pleasure of the Town Board or until the first day of January next succeeding the first biennial Town Election, and be it

        FURTHER RESOLVED, that the firm of  Roger Sirlin & Associates of 211 Mamaroneck Avenue, Mamaroneck, NY is hereby appointed, effective January 1, 2006, as Certiorari Counsel to the Town of Yorktown and paid in accordance with the 2006 budgeted amount, and be it

         FURTHER RESOLVED, that effective January 1, 2006, Douglas Fitzmorris is hereby appointed as Town Prosecutor for the purpose of prosecuting violations of State, County and local laws, as the occasion may require, to serve at the pleasure of the Board, and be it

        FURTHER RESOLVED, that the firm Winston & Strawn of 200 Park Avenue, New York, New York is hereby appointed, effective January 1, 2006, as Labor Counsel to the Town of Yorktown, as per the retainer letter, and be it

         FURTHER RESOLVED, that firm of Orrick , Herrington & Sutcliffe, of 666 Fifth Avenue, New York, New York is hereby appointed, effective January 1, 2006, as Bond Counsel to the Town of Yorktown.

        Cooper, Metz, Campisi,  voting aye.
        Resolution adopted.     


APPOINTMENTS - DEPUTY TOWN ATTORNEY
RESOLUTION #26
        Upon motion made by Councilman Campisi, seconded by Councilman Bianco,

        BE IT RESOLVED, that John Buckley is hereby appointed to serve as interim Deputy Town Attorney pending the return to duty of Deputy Town Attorney Adriana Kierszenbaum- Seigel.                         
        
        FURTHER RESOLVED, that Linda Grant be and is hereby appointed to the position of Deputy Town Attorney and shall have the duties of the Deputy Town Attorney not inconsistent with the law serving at the pleasure of the Town Board or until the first day of January next succeeding the first biennial Town Election.

        Cooper,  Metz, Campisi, voting aye.
        Resolution adopted.     
                

ADJOURN
        Councilman Martorano moved, seconded by Councilman Metz to adjourn the Town Board meeting.

                                                        
                                
                                                                Alice E. Roker
                                                                Town Clerk
                                                                Town of Yorktown





Town of Yorktown, 363 Underhill Avenue, Yorktown Heights, NY 10598
Phone: (914) 962-5722, Fax: (914) 962-1731

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