Town of Yorktown, NY - Town Board Minutes 01/17/2006

Members of the Town Board as well as the audience participated in the recitation of Martin Luther King’s “I Have A Dream Speech” which was delivered at the Lincoln Memorial on August 28, 1963.

DURING HER REPORT TO TOWN - SUPERVISOR LINDA G. COOPER, introduced Luke Nolan who is a scout in Troop 173. Mr. Nolan stated that he was here this evening to fulfill his requirements to obtain a badge for Citizenship in the Community which is a prerequisite for a merit badge seminar hosted by Troop 911. Supervisor Cooper announced that due to the storm there were several power outages throughout the town. She thanked everyone for their patience. She stated that the town opened the Yorktown Cultural Community Center as a shelter. The Red Cross came in and provided food and support for the people that came through and spent the night at the shelter. The town will be setting up meetings with the power companies to better establish communications with them, especially during emergency situations.

Councilman Bianco stated that there was a lack of communication and the power company needs to communicate with town officials so that we can be prepared and open up shelters and provide our residents with alternatives in the case of an emergency situation.

Councilman Campisi stated that we definitely need more communication with the power companies. There was incorrect information being given to residents in the community and the Board needs to establish a policy with the power companies. The power companies should be notifying the police chief and making him aware of what is going on.

Supervisor Cooper reminded everyone that the second half of the School District Tax is due by January 31, 2006. She also announced that the Yorktown Stage will be performing Aladdin in February.

BE IT RESOLVED, that the absence of Anita Hecker, Parks Department, from December 14 through December 28 inclusive is hereby designated Family and Medical Leave.

BE IT RESOLVED, that Keith Kuttruf of Wappingers Falls, New York is hereby appointed Maintenance Mechanic (Repair) in the John C. Hart Library effective January 17, 2006.

Supervisor Cooper accepted, with regret, the resignation of Sgt. Timothy Strang from the Yorktown Police Department after 33 years of service. His last day of service will be January 26, 2006.

Mr. Nick DiTomasso thanked the Board for recognizing our service men and women with a moment of silence. He further spoke about John McCain who was a POW in the Vietnam. The Board thanked him for his comments.

Supervisor Cooper reconvened a public hearing to consider the application of Robert Brannigan for an Excavation Permit for property located on Delaware Road, Section 3.22, Parcel 7.10, Lots 6-9 and 52-60, Mohegan Lake. Described work: 500 yards of clean top soil to fill lower area of flag lot in a 26,000 sq. ft. building lot.; curtain drain installation; stump removal.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was closed. Councilman Metz motioned, seconded by Councilman Martorano.

WHEREAS, the Town Board of the Town of Yorktown has received from Robert M. Brannigan (the “Applicant”) an application (#013-02) for an Excavation Permit with respect to property located on Delaware Road, Mohegan Lake. The proposed action entails deposition of 500 yards of clean top soil to fill lower area of flag lot in a 26,000 square foot building lot, curtain drain installation, and stump removal on the Applicant’s property; as depicted on the plans prepared by John M. Caro, Registered Architect, dated June 7, 2005, and on plan prepared by Frank P. Pace, Registered Architect, dated June 7, 2005, and on plan prepared by Frank P. Pace, Registered Architect, entitled, “Proposed Residence for Mr. and Mrs. Robert Brannigan” dated November 21, 2005; and

WHEREAS, the Town Board determined that all processing, procedures, determinations and findings to be made or conducted with respect to the Excavation Permit Application would be made or conducted under Section 8-0101, et. seq. of the Environmental Conservation Law (“SEQRA”) and the regulations promulgated by the New York State Department of Environmental Conservation thereunder, which appear at 6 N.Y.C.R.R. Part 617.6(b) (the “SEQRA” Regulations); and

WHEREAS, on or about October 1, 2002, said application was circulated for review by the Environmental Code Inspector, Environmental Clerk, Town Attorney, Town Board, Town Engineer, and Conservation Board for review; and

WHEREAS, comments were submitted to, and reviewed by, the Town Board from the Environmental Code Inspector, Environmental Clerk, Town Engineer, and Conservation Board for review; and

WHEREAS, the Applicant’s consultant, John M. Caro, has submitted an appropriate Environmental Assessment From which has been satisfactorily reviewed by the Town’s Environmental Code Inspector; and

WHEREAS, a public hearing was scheduled for the 17^th day of December, 2002 at 7:30 o’clock PM; then re-scheduled for and convened on the 7^th day of January 2003 at 7:30 o’clock PM; then adjourned and, after further public notice, re-convened on the 17^th day of January 2006 at 7:30 o’clock PM; during which public hearing the Applicant presented information and arguments in favor of granting the permit and members of the surrounding neighborhood and the public at large were afforded the opportunity to present information and express their views concerning the application; and

WHEREAS, the Town Board finds that the Applicant’s plans, as revised to incorporate recommendations of the Engineering Department, the Conservation Board, and the Environmental Code Inspector, minimize potential environmental impacts; now therefore be it

RESOLVED, the Town Board has determined that the Proposed Action described above will not have a significant environmental impact and a Draft Environmental Impact Statement will not be required; and be it further

Plan prepared by Frank P. Pace, Registered Architect, entitled, “Proposed Residence for Mr. and Mrs. Robert Brannigan” dated November 21, 2005, is incorporated into this permit by reference. All work pursuant to this permit shall be completed in accordance with the plan.

Prior to commencement of work, Applicants must submit a complete storm water pollution prevention plan that complies with the Town of Yorktown Stormwater Ordinance and is satisfactory in form and substance to the Town Engineer. Said plan must demonstrate no pre- and post-construction change in stormwater quantity and quality. Pre-construction conditions to be measured using runoff curve number of vegetation on the site prior to clearing. Applicant must also demonstrate that stormwater will not compromise functions of adjoining septic systems.

All slopes of 3:1 or greater must be immediately covered with erosion blankets approved by the Town Engineer. All soils which are disturbed during the months of May through September must be seeded and mulched within 72 hours of disturbance. All soils that are disturbed between the months of October through April must be covered with erosion blankets regardless of slope.

Prior to commencement of work, Applicants must submit to the Town Engineer written verification that any and all applicable requirements of local, county, state and federal agencies (including, without limitation, : (i) the New York State Department of Environmental Conservation (NYSDEC); (ii) NYCDEP; (iii) Westchester County; and (iv) the U.S. Army Corps of Engineers (USACE)) have been met and that all required permits have been obtained.

Prior to commencement of work, Applicant must post a $5,000 Erosion Control Bond to be held by the Town until the time of completion of construction, issuance of a certification of occupancy and satisfactory stabilization of all exposed surfaces, as determined by the Town’s Environmental Code Inspector. Stabilization shall be defined as complete coverage of all the underlying soil areas of the site with viable grass or other vegetative cover.

An Environmental System Planner must be hired by the applicant to supervise all phases of construction. The Environmental Systems Planner must provide a written report on a weekly basis to the Town Board and Town Environmental Inspector regarding progress, conditions of the erosion controls on the site and to verify compliance with this permit.

Prior to commencement of work, a pre-construction meeting is to be held at the site. Applicant must contact the Town’s Environmental Code Inspector at (914)962-5722, ext. 262 to schedule the pre-construction meeting at least 72 hours prior to the desired meeting time.

Co-Chairs of the Landmark Commission Mr. Gary Corwin and Mr. Thomas Travis, were present to discuss with the Board a request to designate the Old Stone Church as a local landmark.. Mr. Corwin stated that in the last four years the Old Stone Church has had three requests from residents to designate this building as a historical landmark in the town.

Mr. Corwin stated the commission would like to see this property designated as a historical landmark because it is old, aesthetically very attractive, architecturally significant, it is highly visible and behind the church is a wetland area.

Mr. Bianco asked if the commission is recommending to landmark the interior and exterior of the building. Mr. Corwin stated that the commission is recommending both the interior and exterior be landmarked.

Marc Oxman stated that he is representing the owner of the Old Stone Church and would like to convey to the Board some comments from Mr. DeChiaro. He stated that the owner is willing to have the outside of the building designated as a historical landmark and will not touch the stonework in anyway. However, he does not want that designation extended to the interior of the building. If the Board is willing to consent to this compromise then the applicant will withdraw his opposition to this.

John Gordon stated that he has been involved with this church for many years. He feels that the entire chapel both inside and out should be designated a historical site and used for community purposes.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was adjourned. Councilman Martorano motioned, seconded by Councilman Bianco.

Supervisor Cooper called to order a public hearing to consider the application of “Arrowhead Subdivision” to authorize the Yorktown Planning Board to apply flexibility standards pursuant to Chapter 300, Article V, Section §300-22 of the Code of the Town of Yorktown. Also, concurrent with the aforesaid application, will be heard the application of “Arrowhead Subdivision” for variance from the requirements of Chapter 255, Section §255-9 of the Code of the Town of Yorktown, related to maximum grades of roads.

Mr. Alexander, the landscape architect representing Mr. O’Keefe and the Arrowhead subdivision was present to discuss with the Board the use of flexibility standards and a proposal to provide a temporary road so that access to the site could be made by the Bose’s to their property.

Planning Director John Tegeder stated that the Planning Department has been working on this subdivision for awhile now. He feels it is at a point where the Town Board can authorize the Planning Board to process it under flexibility standards and for the road variance. Flexibility standards will be used because there is no road frontage on a public road. It will be a private road and the lots will be the minimum size prescribe by the zone which is R1-200. The Planning Board just needs the flexibility to vary some of the bulk requirements that are necessary to the zone.

Mr. Tegeder stated that there would be five on the Arrowhead property and does not include the Bose’s. He said basically the Planning Board could plan the subdivision so that you are not creating other impacts that you might if you had to complied with the regulations.

John Tegeder stated that the advantage to granting flexibility standards to this subdivision is it allows you to plan the project cohesively and by one Board which has many benefits including operational and environmental reasons. He feels that this type of flexibility would enhance the site and make it better for the community.

Councilman Bianco asked if Mr. O’Keefe has in the easement agreement with the Bose’s a limit to the number of houses he can have there. He also asked about the trespassing issue that the Town has with the back of Mr. O’Keefe’s property that borders Turkey Mountain.

Mr. O’Keefe stated that this is an easement agreement that will allow the Bose’s use of his property as an ingress and egress to their property. It has been signed by him and not by the Bose’s at this time. He stated that five acres will become designated as recreation and the other ten acres has been offered to the town. He has about fifteen acres of land that the Town is currently trespassing on. He does not want to carry the liability for this any longer.

John Tegeder stated that the property and subdivision is still under review. He noted that a Conservation easement or convey it to the Town in some form which one possibility could be a sale. This has not played out in the Planning Board review and often that takes place in the entire review of what the final disposition will be.

Councilman Martorano asked if the flexibility is granted can the subdivision be clustered to make more lots. John Tegeder stated that only five lots can fit here with the flexibility or without it. The density would be the same.

Councilman Metz asked if this is a unique request and when is the last time this was one. John Tegeder stated that there has been similar clustering and flexibility that has been done in the Town. He stated that Cranberry Hill was just done under clustering and Illington Road was done under flexibility back in the late 1980's.

Marc Oxman representing the Bose’s in this matter stated that Mr. Bose would like to build on his property. He needs to gain access by an easement through the Arrowhead property. He is prepared to sign the agreement but only if it does not stop him from having the right to subdivide his property.

Mr. O’Keefe stated that the agreement does not preclude him from subdividing his lot, it simply gives him access to his property through mine. If the Boses’s decided to subdivide later on then an agreement would have to be made at that time to include any other property.

John Schoeder speaking on behalf of the Yorktown Land Trust stated that having a map would help visualize the area better. He reminded the Board that on August 8, 2005 the Land Trust sent a letter to the Board regarding this issue. He read from the letter which is on file in the Town Clerk’s Office.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was closed. Councilman Metz motioned, seconded by Councilman Martorano. The resolution will be amended and placed on a later Town Board meeting.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 2:00 PM on Tuesday, January 31, 2006 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for furnishing and delivering the Summer Program Brochure to the Yorktown Department of Parks and Recreation.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 2:00 PM on Friday, February 3, 2006 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for furnishing and delivering athletic and game equipment to the Yorktown Department of Parks & Recreation.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, NY until 11:00 AM on Monday, February 6, 2006 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for contracting bus service for various programs in the Yorktown Parks and Recreation Department. Bids may be made on a total per section basis, a group basis or the total bid. The Town reserves the right to award the bid(s) on a lowest cost per section basis, a lowest cost for a group of sections basis or the lowest cost for a total bid (Section I: School Buses - Camps; Section II: Coaches - Camps), for a one (1) year contract starting April 1, 2006 and ending on March 31, 2007.

Sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York, at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, until 10:00 AM, on Monday, February 27, 2006, for the Kitchawan Water District Meter Pit Supervisory Control and Data Acquisition System (SCADA), Capital Improvement Project #06-1W.

Plans, specifications and standard proposals for the work proposed may be obtained at the office of the Town Clerk at said Town Hall upon cash or certified check of TWENTY-FIVE DOLLARS ($25.00). Said fee will not be refunded and will be used to defray costs of printing plans and specifications.

All bids must be accompanied by a certified check payable to the Town of Yorktown in an amount not less than ten percent (10%) of the total bid, or an executed Consent of Surety.

All bids must be accompanied by a Certified check payable to the Town of Yorktown in an amount not less than ten percent (10%) of the total bid, or an executed Consent of Surety.

The bidder assumes the risk of any delay in the mail or in the handling of mail by the employees of the Town of Yorktown. Whether sent by mail or means of personal delivery, the bidder assumes the responsibility for having bids in on the time and the place specified above.

The Town of Yorktown reserves the right to waive any informalities in the bids, to reject any or all bids and reserves the right to accept that bid which it deems most favorable to the interests of the Town of Yorktown. No bidder may withdraw his bid within thirty (30) days after the actual date of the opening thereof.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester county, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY until 2:00 o’clock PM on the 13^th day of February, 2006 for the furnishing and delivering of approximately five (5) 2006* Ford Crown Victoria Four Door Sedans to be used as marked and unmarked police patrol cars for the use by the Police Department of the Town of Yorktown along with approximately four (4) other communities and other qualifying police agencies in the State of New York.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, until 2:00 o’clock PM on the 13^th day of February, 2006 for the furnishing and delivering of approximately thirty-seven (37) 2006* Ford Crown Victoria Four Door Sedans to be used as marked and unmarked police patrol cars for the use by the Police Department of the Town of Yorktown along with approximately seventeen (17) other communities and other qualifying police agencies in the State of New York.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York until 2:00 o’clock PM on the 13^th day of February, 2006 for the furnishing and delivering of approximately nine (9) 2006* Ford Explorer 4x4 Four Door Vehicles to be used as marked and unmarked police patrol cars for the use by the Police Department of the Town of Yorktown along with approximately seven (7) other communities and other qualifying police agencies in the State of New York.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York until 2:00 o’clock PM on the 13^th day of February, 2006 for the furnishing and delivering of approximately eleven (11) 2006* Ford Expedition SSV 4x4 Four Door Vehicles to be used as marked and unmarked police patrol cars for the use by the Police Department of the Town of Yorktown along with approximately ten (10) other communities and other qualifying police agencies in the State of New York.

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York until 2:00 o’clock PM on the 13^th day of February, 2006 for the furnishing and delivering of approximately thirty-seven (37) 2006* Dodge Charger Four Door Sedans to be used as marked and unmarked police patrol cars for the use by the Police Department of the Town of Yorktown along with approximately sixteen (16) other communities and other qualifying police agencies in the State of New York.

RESOLVED that the bid is hereby awarded to 375 Holdings, LLC, d/b/a Taconic Chevrolet, 3805 Crompond Road, Yorktown Heights, NY, the lowest responsible bidder, in the amount of $22,448.25 per vehicle.

WHEREAS, invitation to bid for Dry Cleaning Services for the period of January 1, 2006 through December 31, 2007 for the Police Department was duly advertised, and

WHEREAS, said bid was received and opened on the 27^th day of December 2005 with the bid amounts for the above-referenced project and are summarized as follows:

WHEREAS, Real Property Tax Law Section 554(9)(A) provides that the Town Board may designate an official who is empowered to sign an Application for Corrected Tax Roll (form RP-554) on the Town Board’s behalf, and

WHEREAS, in order to streamline the processing of applications for corrections to the tax roll, the Tax Assessor of the Town of Yorktown has recommended that the Comptroller of the Town of Yorktown be designated as an authorized official pursuant to Real Property Tax Law Section 554(9)(A), and

FURTHER RESOLVED, that the Town Board of the Town of Yorktown designates Joan Goldberg, in her capacity as the Comptroller of the Town of Yorktown, to be officially authorized and empowered to sign Applications for Corrected Tax Roll (form RP-554) on the Town Board’s behalf.

WHEREAS, the Planning Board granted final approval to DKI Associates, LLC, (the “Developer”) for the Oaks of Yorktown (the “Subdivision”) under Planning Board Resolution No. 95-19, dated May 22, 1995; and

WHEREAS, the Town Board has determined it to be in the best interests of the residents of the Town to accept the proffered conveyance of the Property from the property owner; now therefore be it hereby

RESOLVED, that the Town of Yorktown accepts the conveyance of the Property from DKI Associates, LLC; and be it further resolved that the Supervisor is authorized and directed to sign such documents as may be appropriate and necessary to effect the conveyance and the recordation of the conveyance documents.

WHEREAS, DKI Associates, LLC, agreed to grant a utility and sewer easement to the Town of Yorktown over real property identified on the tax map of the Town of Yorktown as Section 1.05, Parcel 23, Lots 2, 3, and 4; and

WHEREAS, the Town Board has determined it to be in the best interests of the residents of the Town to enter into the Easement Agreement, now therefore be it hereby

RESOLVED, that by order of this board, the Town Supervisor is authorized and directed to sign such documents as may be appropriate and necessary to enter into the Easement Agreement and for the recordation of such documents.

WHEREAS, the Town of Yorktown has been awarded a $75,000 grant from New York State Office of Children and Family Services for sports fields maintenance and enhancement for the Town of Yorktown ball fields; and

BE IT HEREBY RESOLVED that the Supervisor of the Town of Yorktown is hereby authorized to execute a contract with the New York State Office of Children and Family Services for the purposes of sports field maintenance and enhancements as a participation of the $75,000 award.

RESOLVED, that the proposed Agreement among the Town of Yorktown, the Trustees of the Kitchawan Water District and the New York City Water Board, in the form previously reviewed by this Board and counsel and provisionally executed by the Supervisor on December 23, 2005, execution which was a prerequisite to initiating a supply of potable water from the City of New York for consumption by water subscribers in the Kitchawan Water District, be and it hereby is approved, and the Supervisor’s execution and delivery of the Agreement is hereby ratified and confirmed.

WHEREAS, the Town of Yorktown herein called the “Municipality,” after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the State Contract, herein called the “Project” is desirable, in the public interest, and is required in order to study and/or implement the local project or program; and

WHEREAS, under Chapter 55, Section 1 and 2, of the Laws of 1999 relating to the Local Assistance Budget, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement; and

WHEREAS, the Municipality has examined and duly considered Chapter 55, Section 1 and 2, of the Laws of 1999 relating to the Local Assistance Budget and deems it to be in the public interest and benefit under this law to enter into a contract therewith;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Yorktown that Linda G. Cooper, Town Supervisor, is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information as may be required; that one (1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State contract; that this Resolution take effect immediately.

WHEREAS, after all proceedings were duly had and taken the Town Board of the Town of Yorktown, Westchester County, New York, has duly approved establishment of the Hunterbrook Sewer District Extension - Route 202 and the construction of the improvements therefor, subject to State Comptroller’s approval; NOW, THEREFORE, BE IT