Work Session held by the Town Board, Town of Yorktown on
January 24, 2006.
Present: Linda G. Cooper, Supervisor
James Martorano, Councilman
Nicholas Bianco, Councilman
Matthew Metz, Councilman
Louis Campisi, Councilman
EXECUTIVE SESSION
At 7:00 p.m., Councilman Bianco moved, seconded by Councilman Martorano, to move into Executive Session to discuss litigation and the employment of a particular person. At 8:44 p.m., Councilman Campisi moved, seconded by Councilman Metz, to move out of Executive Session and proceed with the Work Session.
WORK SESSION
Supervisor Linda G. Cooper called the meeting to order at 8:45 p.m. Deputy Town Clerk Diana L. Quast, Acting Town Engineer Sharon Robinson, Highway Superintendent Eric DiBartolo, Environmental Inspector Bruce Barber and Town Attorney Kevin Sweeny were also present.
APPOINTMENT
POLICE OFFICER- THOMAS NADORASKI
RESOLUTION#52
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
BE IT RESOLVED, that Thomas Nadoraski of Nanuet, New York is hereby appointed Police Officer in the Town of Yorktown Police Department effective January 24, 2006 to be paid the contractual salary of $50,600 annually.
BE IT FURTHER RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks.
Cooper, Martorano, Metz, Bianco, Campisi voting aye.
Resolution adopted.
APPOINTMENT
LABORER - HIGHWAY DEPARTMENT
JOHN MICHAUD
RESOLUTION#53
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
BE IT RESOLVED, that J. John Michaud of Shrub Oak, NY is hereby appointed Laborer in the Highway Department effective January 30, 2006 to be paid from Yorktown CSEA Salary Schedule A, Group 5, Step 1 which is $35,608 annually.
BE IT FURTHER RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks.
Cooper, Martorano, Metz, Bianco, Campisi voting aye.
Resolution adopted.
NOTICE OF PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING
RSP ZONES
RESOLUTION #54
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, on the 7th day of February, 2006 at 7:30 o’clock p.m., or as soon thereafter as the same can be heard, to consider the adoption of:
A) a proposed Local Law amending Section 300-3(B) of Chapter 300 of the Code of the Town of Yorktown by:
1) adding the following definition:
SPECIALIZED RESIDENTIAL DEVELOPMENT, AGE-ORIENTED
GERIATRIC COMMUNITY - A project consisting of housing-and-care Continuum providing facilities ranging from independent housing specially designed for the elderly, to maximum care facilities, such as nursing homes, occupying a lot of site to be held under one sponsorship, and arranged, designed and operated as a complete project to provide housing-and-care continuum for the persons 55 years of age or older and handicapped persons 50 years of age or older.
2) amending the definition of “SPECIALIZED RESIDENTIAL DEVELOP-
MENT, AGE-ORIENTED” by deleting all age references to “50 year of age” and replacing it with “55 years of age;”
3) amending the definition of “SPECIALIZED RESIDENTIAL DEVELOPMENT, SENIOR CITIZEN” by deleting all age references to “62 years of age” and replacing it with “55 years of age;”
B) a proposed Local Law amending Section 300-160 of Chapter 300 of the Code of the Town of Yorktown by:
1) amending part (A) by deleting “62 years of age” in line one and replacing with “55 years of age;”
2) amending part (B) by deleting “age of 62" on line three and replacing it with “age of 55;”
3) amending part (c) by deleting “age of 62" in line three and replacing it with “age of 55;”
Cooper, Martorano, Metz, Bianco, Campisi voting aye.
Resolution adopted.
REJECT AND RE-ADVERTISE
TOWN BID
RESOLUTION#55
Upon motioned made by Councilman Campisi, seconded by Councilman Bianco,
WHEREAS, on December 6, 2005, the Town Board authorized the solicitation of sealed bids for the Towing Services License Agreement; and
WHEREAS, two bids were received by the deadline; and
WHEREAS, neither bid was deemed satisfactory; and
WHEREAS, the Town Board has determined not to accept either bid but, instead, to re-solicit for bids; now therefore be it hereby
RESOLVED, that sealed bids for the Towing Services License Agreement will be received at the Yorktown Town Hall, Town Clerk’s Office, Underhill Avenue, Yorktown Heights, New York until 11:00 AM on February 11, 2006. If additional information concerning the bidding is required, call Chief Daniel McMahon at (914)962-4141.
Cooper, Martorano, Bianco, Campisi, Metz voting aye
Resolution adopted.
COMMUNITY PRESERVATION ACT
CITIZENS CAMPAIGN FOR THE ENVIRONMENT
Mr. Emmett Pepper was present to discuss with the Board proposed state legislation for the Community Preservation Act. He explained that the Citizens Campaign for the Environment is supporting a proposal for real estate transfer tax. The Board decided not to support this legislation.
STRAWBERRY ROAD
Supervisor Cooper stated that she did get some calls regarding the new traffic calming device that was placed at the intersection of Strawberry Road and Lexington Avenue. Highway Superintendent Eric DiBartolo explained that he feels he has addressed the concerns of residents in that area and that this calming device will prevent buses from traveling on Strawberry Road which is not meant for buses to travel on. The only issue is with the response time for the ambulance crew which will increase slightly due to making a full stop before turning on to Route 6.
LOCKSLEY ROAD DRAINAGE
Highway Superintendent Eric DiBartolo was present to discus with the Board drainage issues on Locksley Road. He stated that a catch basin will be placed between the two houses and ground water can drain into there. Mr. DiBartolo stated that this should help with the situation and hopefully others will tie into this basin also.
NORTH COUNTY TRAIL
Highway Superintendent Eric DiBartolo stated that there is a three foot pipe which goes under the North County Trailway and it is full of debris causing flooding on Kear and Commerce Street. If it is cleaned out it will help alleviate the flooding that has been occurring on these roads when it rains. The Town Attorney will establish who owns the pipe discharge and the Highway Department will do the work on the pipe tomorrow.
MILL POND DAM
Acting Town Engineer Sharon Robinson and Dave Weiss from Charles Sells were present to discuss with the Board Mill Pond Dam. Ms. Robinson explained that while the town investigates who owns the dam, emergency repairs can be made to the dam through a emergency permit that has been issued by the Department of Environmental Conservation for thirty days. Town Attorney Kevin Sweeny stated that according to the title company the town does not own the dam.
Attorney Al Capellini asked what was the determination for the basis that the town is not the owner. Town Attorney Sweeny explained that it is not the town’s responsibility to be an arbiter in this situation and decide which homeowner owns the dam. The Town’s meets and bounds does not show that the town owns the dam.
Attorney Al Capellini stated that he feels that the homeowners deeds do not reflect ownership to the centerline of the pond just to the shoreline of the pond.
Supervisor Cooper stated that the question of legal ownership will have to be determined but until this can be established, emergency repairs may be needed.
Highway Superintendent Eric DiBartolo stated that this is a major issue and needs to be addressed quickly. The Board agreed to seek a judicial determination on who owns the dam.
Acting Town Engineer Sharon Robinson stated that DEC will be visiting the site tomorrow.
UPDATE SEWER DISCUSSION
Acting Town Engineer Sharon Robinson was present to update the Board on the Hallocks Mill Sewage Plant. County Legislator Michael Kaplowitz stated that there is no plan for diversion.
Acting Town Engineer Sharon Robinson explained that the Town will need to update and expand the Hallocks Mill Treatment Plant and will have to meet the Department of Environmental Protection’s requirements.
Councilman Metz asked if the Board was in agreement that diversion is not an option and does everyone feel that updating and expanding the Hallocks Mill Treatment Plant is the only alternative.
County Legislator Kaplowitz stated that the only viable option at this time is to upgrade and expand the Hallocks Mill Treatment Plant. The Board must be unanimous in supporting this upgrade with a resolution stating that.
The Board agreed to place this issue on the February 7, 2006 Town Board agenda.
COLONIAL AND WAVERLY STREET
Mr. and Mrs. Walter Mogrovejo were present along with other residents of Colonial and Waverly Street to discuss trees that were remove on the Mogrovejo property. Mr. Bruce Barber stated that the Mogrovejo’s removed several trees on their property without obtaining a permit from the Town. He issued a stop work order and the homeowner’s have now applied for a Excavation permit.
The Board agreed to refer out the excavation permit application from Walter Mogrovejo to remove trees on his property located at 2575 Colonial Street. The following excavation permit was refer out to the following agencies:
Building Inspector Town Engineer
Bruce Barber ABACA
Highway Superintendent Conservation Board
Town Board Planning Board
AUTHORIZE SUPERVISOR TO SIGN
FIELD HOME- HOLY COMFORTER AGREEMENT
RESOLUTION#56
Upon motioned made by Councilman Campisi, seconded by Councilman Bianco,
WHEREAS, Field Home - Holy Comforter is the owner of certain real properties within the Town of Yorktown situated along Catherine Street; and
WHEREAS, Field Home - Holy Comforter is offering the Town of Yorktown a License Agreement to utilize a 90,000 square foot parcel of real property, further identified on Exhibit “A” as annexed to aforementioned License Agreement, for use as soccer field during the term of the License Agreement; and
WHEREAS, the Town Board has determined it to be in the best interests of the residents of the Town to enter into the License Agreement with Field Home - Holy Comforter; now therefore be it hereby
RESOLVED, that the Town Board of the Town of Yorktown authorizes and directs the Town Supervisor to sign such documents as may be appropriate and necessary to enter into the License Agreement.
Cooper, Martorano, Bianco, Campisi, Metz voting aye
Resolution adopted.
INCREASE IN MODULAR OFFICES
PARKS AND RECREATION DEPARTMENT
RESOLUTION#57
Upon motioned made by Councilman Campisi, seconded by Councilman Martorano,
WHEREAS, on August 9, 2005, the Town Board adopted Resolution 293 authorizing and directing the Supervisor to enter into an agreement with Williams Scotsman, Inc. for leasing of modular office space units for the Parks and Recreation Department; and
WHEREAS, the William Scotsman, Inc. lease agreement contained an administrative error which resulted from the lessor’s inadvertent omission of the cost of interior walls from the total monthly lease payment calculation; and
WHEREAS, William Scotsman, Inc. has agreed to reduce the monthly additional lease fee for the interior walls from $471.50 to $355.00 in consideration of the Town’s agreement to amend the original lease agreement; now therefore be it hereby
RESOLVED, that the Supervisor is hereby authorized and directed to execute an amendment of the lease agreement with Williams Scotsman, Inc. to increase the monthly lease payment by the amount of $255.00.
Cooper, Martorano, Bianco, Campisi, Metz voting aye
Resolution adopted.
AUTHORIZE SUPERVISOR TO SIGN
PLANNING CONSULTANT CONTRACT
STEPHANIE JOHNSON
RESOLUTION#58
Upon motion made by Councilman Campisi, seconded by Councilman Martorano,
RESOLVED, the Town Supervisor is hereby authorized to sign a contract with Stephanie Johnson as a Planning Consultant specifically to render services in connection with the Yorktown Comprehensive Plan update and its implementation for a period of up to one year beginning February 1, 2006 at the rate of $32,000 per year.
Cooper, Martorano, Bianco, Campisi, Metz voting aye
Resolution adopted.
TOWN BOARD MEETING AGENDA
The Board discussed the February 7, 2006 Town Board meeting agenda.
ADJOURN
Upon motion by Councilman Bianco, seconded by Councilman Martorano and carried, the meeting was adjourned.
Diana L. Quast
Deputy Town Clerk
Town of Yorktown
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