Town of Yorktown, NY - Town Board Minutes 02/07/2006

Regular meeting held by the Town Board,

Town of Yorktown on February 7, 2006 held at

Yorktown Town Hall, Yorktown Heights, NY

Present: Linda G. Cooper, Supervisor

James Martorano, Councilman

Nicholas Bianco, Councilman

Matthew Metz, Councilman

Louis Campisi, Councilman

Supervisor Linda G. Cooper called the meeting to order. Also present were Deputy Town Clerk Diana L. Quast and Town Attorney Kevin Sweeny.

Supervisor Cooper introduced Boys Scouts from Troop 164 who are here tonight as a requirement for the Citizenship in the Community Merit Badge which is needed to obtain their Eagle Scout Badge.

Chief Daniel McMahon introduced School Resource Officers:

Detective Sean Lewis - Lakeland

Officer Brian Shanahan - Yorktown

Detective Lewis explained that the Resource Officer program and the DARE program is all about community policing. It’s about working together with parents, school officials, students, the community and the Town Board. Officer Shanahan stated that it’s a proactive program and has been very receptive to the faculty and students at Yorktown High School.

Three Yorktown High School Seniors are among 300 semifinalists nationwide in the 2005-06 Intel Science Talent Search. Each student worked with their schools science research program as well as individual mentors in researching their individual projects.

Rhamey Elhoisseny research project was about a method for improving the quality and quantity of adult stem cells that could be further used in clinical research.

Rachel Pian research project was about finding a more efficient and accurate method of testing for the amount of pathogenic bacteria in water.

Kristie Charoen research project was about the role of MMSET in the gene expression of Cancerous Multiple Myeloma versus non cancerous cells.

APPOINTMENT - ASSISTANT COURT CLERK

Upon motion by Councilman Martorano, seconded by Councilman Bianco.

BE IT RESOLVED, that Karan Moseman of Yorktown Heights, NY is hereby appointed Assistant Court Clerk effective February 6, 2006 from Eligible List No. 60-698 to be paid from Yorktown CSEA Salary Schedule A-1, Group 8, Step 5 which is $51,743 annually.

BE IT RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

APPOINTMENT - SENIOR OFFICE ASSISTANT

Upon motion made by Councilman Martorano, seconded by Councilman Bianco,

BE IT RESOLVED, that Nancy Milanese of Yorktown Heights, NY is hereby appointed Senior Office Assistant Automated Systems effective February 6, 2006 from Eligible List No. 75-357 to be paid from Yorktown CSEA Salary Schedule A-1, Group 10, Step 4 which is $53,699 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, Bianco, Metz, Campisi voting aye.

APPOINTMENT - MOTOR EQUIPMENT OPERATOR

Upon motion made by Councilman Martorano, seconded by Councilman Bianco,

BE IT RESOLVED, that Charles Chase of Shrub Oak, NY is hereby appointed Motor Equipment Operator in the Environmental Conservation Department effective February 6, 2006 to be paid from Yorktown CSEA Salary Schedule A, Group 10, Step 1 which is $42,911 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, Bianco, Metz, Campisi voting aye.

APPOINTMENT - CONTINGENT PERMANENT SERGEANT

Upon motion made by Councilman Martorano, seconded by Councilman Bianco,

BE IT RESOLVED, that John DeIulio of Yorktown Heights, New York is hereby appointed Contingent Permanent Sergeant from Eligible List No. 75-993 effective February 7, 2006 to be paid $86,675 annually.

BE IT RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

APPOINTMENT - POLICE OFFICER

Upon motion made by Councilman Martorano, seconded by Councilman Bianco,

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, Bianco, Metz, Campisi voting aye.

Police Chief Daniel McMahon presented the award for Meritorious Police Duty to Officer Kahn. Detective Guinan, Officer Shanahan, Officer Swart, and Officer Foley received the Excellent Police Duty Award. Two other officers were congratulated for their exceptional police work but because of their assignments were not named.

DURING COURTESY OF THE FLOOR, the following residents addressed the Town Board:

County Legislator Michael Kaplowitz spoke about sewers and understands that the Board is working on a resolution to upgrade and expand the Yorktown Sewer Treatment Plant because the Department of Environmental Protection has pulled the plug on diversion. He noted that it is time to move forward with a plan to upgrade and expand the current plant and he will do everything he can to help the Town with this endeavor.

Mr. DiTomasso thanked the Board for honoring our youth and police. And for also recognizing the men and women that are serving our country in the armed services.

Ms. Panella stated that she has lived in Yorktown for thirty-two years. She stated that the Yorktown Farms subdivision will have a positive impact on the community. She feels that the proposed soccer field is needed. She asked that the Board consider re-zoning this piece of property to allow Mr. Santucci to build his houses so that the residents in the community can finally hook into a sewer system.

Mr. Saraceno supports the Board re-zoning this property.

Dr. Esser stated that he feels that the Board should consider re-zoning this property so that the quality of life in this area is not lowered any further. Yorktown Farms is willing to pick up the tab on building a sewer system that is too costly for the residents in the community to absorb themselves. He asked that the Board consider this re-zoning request.

Mr. Elliott stated that he would like the Board to consider this change of zone.

Ms. Johnson stated that she feels septic systems are difficult to maintain and are very costly. This is an opportunity for the Board to help many residents in this community obtain sewers which are greatly needed.

Mr. Armstrong stated that he lives on Gay Ridge Road and feels that this re-zoning will effect the traffic on Gay Ridge Road more than any other road. He would like the Board to leave the zone as it is now.

Ms. Wheeler asked if diversion is a dead issue where does that leave the Temple Israel project. Supervisor Cooper explained that the Temple is located in a different sewer district.

Mr. Roviezzo stated that he supports this re-zone request and his property borders the Santucci property.

Mr. Ramdeen stated that he has paid thousands of dollars for a faulty septic system and supports this re-zoning request.

Mr. Williams stated that he supports this re-zoning request. He has paid for sewers without the benefit of having them for many years.

Mr. Pignatelli stated that it is time to put sewers into this community.

Mr. Steinmetz stated that he is representing Val Santucci with this issue. He further explained that in order to institute this type of sewer program, a change of zone would be needed. He asked that the Board consider sitting down with Mr. Santucci and the residents in this community and work together to make this happen because it would benefit a lot of residents in this community.

Supervisor Cooper suggested having an informal meeting with the applicant and residents of the community to address all of the issues that have been brought out this evening.

Councilman Martorano stated that there is a clear need for sewers and feels the Board should help in any way it can to get them for this community as well as others.

Ms. Quinn stated that she thinks that an informal meeting with the applicant and members of the community would be a positive step in understanding and hopefully coming to a solution to this issue.

Mr. Ciarcia stated that he is representing Mr. Val Santucci as his engineer in this matter. He further noted that he has paid to be in a sewer district for many years and has not had the benefit of having sewers so he understands the frustrations of the residents in this community.

The Boys Scouts from Troop 164 spoke to the Board with regards to what they have learned while listening to the meeting this evening. They felt that many septic systems are in poor shape and this is bad for the community. They also stated that sewers are very expensive to construct.

REQUEST USE OF FLEXIBILITY STANDARDS

Upon motion made by Councilman Martorano, seconded by Supervisor Cooper,

WHEREAS, the Yorktown Planning Board currently is reviewing the application for the Arrowhead Subdivision; and

WHEREAS, the Yorktown Planning Board is the lead agency with respect to S.E.Q.R.A.; and

WHEREAS, after many months of review and evaluation, the Yorktown Planning Board has determined that it would be beneficial to apply flexibility standards pursuant to Chapter 300, Article V, Section §300-22 of the Code of the Town of Yorktown; and

WHEREAS, the Yorktown Planning Board has also determined that it would be beneficial to allow a variance from the requirements of Chapter 255, Section §255-9 of the Code of the Town of Yorktown, related to maximum grades of roads; and

WHEREAS, the Yorktown Planning Board has requested permission from the Town Board to apply flexibility standards pursuant to Chapter 300, Article V, Section §300-22 in order to promote development that is sensitive to the land by means of modifying the application of the zoning code’s bulk requirements with respect to yard setbacks, building heights, lot frontage, lot coverage, lot area, and minimum floor area; and

WHEREAS, the proposed layout on which the Yorktown Planning Board is basing this request is for a maximum of five (5) building lots, accessed by a private road from Underhill Avenue; and

WHEREAS, proposed building lots 1 and 2 have frontage on Underhill Avenue, a public street; and

WHEREAS, the proposed layout design is possible only by eliminating the requirement that building lots 3, 4 and 5 have frontage on a public street and allowing frontage on a private road or drive; and

WHEREAS, the Yorktown Planning Board is proposing that the width of the private road or drive be reduced from the required 24 feet to 22 feet or less in order to minimize disturbance to the forested slope; and

WHEREAS, the Yorktown Planning Board has requested permission from the Town Board to allow a variance from the requirements of Chapter 255, Section §255-9, to minimize land disturbance by means of increasing the allowable grade for private drives from a maximum of 10% to a maximum of 14%; and

WHEREAS, a public hearing to consider these requests was 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; now therefore be it hereby

RESOLVED, that the request of the Yorktown Planning Board for permission to use flexibility standards pursuant to Chapter 300, Article V, Section §300-22, is denied; and be it further

RESOLVED, that the Yorktown Planning Board’s request for permission to allow a variance from the requirements of Chapter 255, Section 22-9, to increase the allowable grade for private drives from a maximum of 10% to a maximum of 14% is denied.

Cooper, Martorano voting aye. Campisi, Bianco, Metz voting nay.

PROPOSED LOCAL LAW AMENDING

Supervisor Cooper called to order a public hearing to consider the adoption of proposed local law amending RSP zones and Section 300-3(B) and Section 300-160 of Chapter 300 of the Code of the Town of Yorktown.

The Executive Director of the Catherine Street Field Home stated that he strongly supports this law being amended. He noted that there is every recreational service available to adult citizens and there is no impact on the school system.

Mr. Paronty stated that he is glad that Barger Street Manor was built. It is a mature active adult community and is great for someone who wants to downsize and stay in the area.

Ms. Quinn stated that she supports this local law change. She is an advocate for senior housing and feels that Barger Street Manor is an asset to the community.

A representative from RGI real estate company stated that this is an easier lifestyle for older adults in the community.

Ms. Homesapein stated that she does not see a downside to lowering the age limit.

Mr. Ciffone stated that this law should not be amended.

Mr. Bender stated that he is in favor of amending this law, it is perfect for someone to downsize and stay in the area.

Mr. Falcone stated that he is in favor of amending this law. It keeps people active in the community and the age 55 is a good time to consider downsizing.

Ms. Clemenza asked if the local law could be further amended to include disabled individuals also.

Ms. Schmidt stated that she lives in Jefferson Village and she feels that 55 is a good age because you can still volunteer in the community and stay active.

Mr. Moskowitz stated that he is not in favor of amending this law and feels the age should stay at 62.

Mr. Killeen would like to hear the Town Board’s reasons for amending this local law and how it will effect the community.

Councilman Metz stated that he is in favor of amending this local law. He feels that it will keep residents in the community by providing an alternative option for them to downsize rather then having to move out of the area.

Councilman Martorano stated that changing this law is in the best interest of the Town. It gives residents the opportunity to stay in the community.

Councilman Campisi stated that many people are in favor of this change. Individual’s are retiring at a younger age and this is a perfect solution for them to stay in the area.

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

Upon motion made by Councilman Bianco, seconded by Councilman Martorano,

RESOLVED, that Local Law #1 of the year 2006, as follows, be and is hereby adopted.

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;”

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;”

The question of the adoption of the foregoing Local Law was duly put to a vote on roll-call, which resulted as follows:

Councilman Metz Voting Aye

Councilman Campisi Voting Aye

Councilman Martorano Voting Aye

Supervisor Cooper Abstain Herself

Councilman Bianco Recused Himself

Local Law #1 of 2006 was thereupon declared duly adopted.

REJECT TOW BID AND RE-ADVERTISE

Upon motion made by Councilman Campisi, seconded by Councilman Metz,

Sealed bids for the Town Services License Agreement will be received at the Yorktown Town Hall, Town Clerk’s Office, Underhill Avenue, Yorktown Heights, New York until 2:00 PM on February 21, 2006. If additional information concerning the bidding is required, call Chief Dan McMahon at (914)962-4141.

Bidders shall properly execute in full, and submit with their bid, the bid proposal contained herein, following the specifications herein set forth.

Specifications and standard proposals for the proposed work may be obtained at no charge at the town Clerk’s Office, Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598.

A certified check or bank draft, payable to the order to the Town Supervisor, Town of Yorktown, New York, negotiable United State Government Bonds (at par value).

A satisfactory Bid Bond executed by the bidder and an acceptable surety in an amount equal to at least ten percent (10%) of the Total Base Bid for the first twelve (12) months shall be submitted with each bid.

The Town of Yorktown reserves the right to waive any informalities in any bid, and the right to reject any or all bids. No bidder may withdraw its bid within sixty days after the actual date of the opening thereof.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

NEW SIDEWALK CONSTRUCTION

Upon motion made by Councilman Campisi, seconded by Councilman Metz,

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 P.M. prevailing time on Friday, February 24, 2006, and immediately thereafter the bids will be publicly opened and read aloud in the said office for the Construction of Sidewalks on Route 118, between Kear Street and Downing Drive. No proposals will be accepted after said time and date.

The work consists of the removal of existing corrugated guide rail, clearing and grubbing, as well as the installation of new concrete sidewalks, concrete curbing, modular retaining wall, vinyl coated chain link fence and drainage and lawn restoration. The work is more fully described in the Specifications and on the Contract Plans.

Plans, specifications and standard proposals for the work proposed may be obtained at the office of the Town Clerk on and after Thursday, February 9, 2006 at said Town Hall upon cash or certified check in the amount of TWENTY-FIVE DOLLARS ($25.00) for each set. Said fee will not be refunded and will be used to defray costs of printing plans and specifications.

Bids shall be made on the Proposal forms furnished with the Specifications, and must be accompanied by a Bid Bond acceptable by the Town, in the amount of not less than 10% of the total amount of the Bid. Bidders who submit certified checks must accompany them with a Consent of Surety from a recognized bonding Company. Checks shall be made payable to the Town of Yorktown Heights, New York and are to be held by Town as a guarantee for the proper execution and delivery of the Contract and bonds to secure the faithful performance thereof. In default of such execution and delivery of Contract and Bonds, the amount of the deposit represented by the check shall be forfeited and retained by the Town of Yorktown Heights, as liquidated damages.

Proposals shall be enclosed in a sealed envelope bearing the name and address of the Bidder, addressed to the Town Clerk, Town of Yorktown Heights, New York and endorsed “ROUTE 118 NEW SIDEWALK CONSTRUCTION PROJECT, Town of Yorktown Heights, New York.”

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 information 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.

Federal funds are utilized on this project and are subject to all the applicable requirements of the U.S. Department of Housing and Urban Development.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

AUTHORIZE INCREASE IN CONTRACT

Upon motion made by Councilman Campisi, seconded by Councilman Metz,

WHEREAS the Town Board of the Town of Yorktown on August 20, 1997, awarded the contract for the SEQRA review for the proposed Hunterbrook rezoning to Ferrandino and Associates; and

WHEREAS said contract awarded was for a maximum amount of $52,750.00; and

WHEREAS, the project, through its normal course, has required additional study, and professional technical services; and

WHEREAS Ferrandino and Associates has submitted expenses for extra required work in the amount of $5,500.00; therefore

BE IT HEREBY RESOLVED the Town of Yorktown hereby authorizes payment for said expenses with an increased allocation of $1,755.00 for a total of project cost of $54,505.00, to be funded from the General Fund Balance.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

AUTHORIZATION TO SIGN GRANT

CONTRACT FOR HISTORIC BROCHURE

Upon motion made by Councilman Campisi, seconded by Councilman Metz,

WHEREAS the Town of Yorktown has been awarded an $8,000 grant from New York State Office of Parks and Recreation and Historical Preservation for the 2005 Certified Local Government Program; and

WHEREAS the Town of Yorktown Town Board will commit a share including donations, supplies and/or materials, and volunteer labor as needed to meet the $16,000.00 requirements of the grant; and

WHEREAS the grant program requires the grant recipients to enter a contract with the State to participate in the program; therefore

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 Parks and Recreation and Historical Preservation for the purpose of participation in the 2005 Certified Local Government Program as a recipient of the $8,000 award.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

AWARD BID - SUMMER BROCHURE

Upon motion made by Councilman Campisi, seconded by Councilman Metz,

WHEREAS, bids were received on Tuesday, January 31, 2006 for the printing and delivering of the 2006 Summer Program Brochure as specified to the Town of Yorktown Parks and Recreation Department, and

WHEREAS, bids were submitted by the following vendors:

$ 191.04 for each additional 4 pages

2. The Courier Printing Corporation

24 Laurel Bank Avenue

$ 830.00 for each additional 4 pages

1000 No. Division Street

$ 695.00 for each additional 4 pages

4. Five Star Graphics, Inc. dba Graphic Image

561 Boston Post Road

$1,000.00 for each additional 4 pages

NOW, THEREFORE, BE IT RESOLVED that the bid for the 2006 Summer Brochure be awarded to the lowest bidder, Tri-State Litho.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

SUMMER CAMP BUS TRANSPORTATION

Upon motion made by Councilman Campisi, seconded by Councilman Metz,

WHEREAS invitation to bid for Summer Camp Buses for use by the Parks & Recreation Department was duly advertised, and

WHEREAS, said bids were received and opened on the 6^th day of February 2006 and were structured in two sections. Section I consists of transportation using School Buses for camp, and Section II consists of Coach Bus transportation for camp. Section II bids reflect the cost for a 55 passenger Coach.

Bid results are as follows:

Section One - School Buses

1. Baumann & Sons Buses $17,748.58

2. Royal Coach Lines $19,285.00

3. Chappaqua/Dutchess Transportation $21,500.50

4. Leprechaun $27,924.00

5. J & R Tours NO BID

6. JTR Transportation NO BID

RESOLVED, the lowest bidder for School Buses for camp, Baumann & Sons, be awarded the contract.

Section Two - Coach Buses (55-59 passenger)

1. Baumann & Sons Buses $12,710.00

2. Chappaqua/Dutchess Transportation $12,958.00

3. J & R Tours $13,300.00

4. JTR Transportation $14,170.00

5. Leprechaun Lines $17,922.00

6. Royal Coach Lines NO BID

RESOLVED, the lowest bidder for the 55 passenger Coach, Baumann & Sons Buses, be awarded the contract.

Cooper, Martorano, Bianco, Metz, Campisi voting aye.

CHANGE IN SALARY SCHEDULE B

Upon motion made by Councilman Campisi, seconded by Councilman Metz,

BE IT RESOLVED, that the following changes to Schedule B will be effective February 7, 2006:

Wetlands Inspector Schedule A-1 Group 5 Group 8

Environmental Inspector Schedule A-1 Group 5 Group 8

Code Enforcement Officer Schedule A-1 Group 5 Group 8