Town of Yorktown, NY - Town Board Minutes 02/21/2006

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

Joseph Mastrol, a fifth grader in Brookside School was chosen to be the People to People Student Ambassador and will visit Scotland and England for 20 days.

Mike Anderson from the New York Department of Transportation gave a presentation on the revamping of the Tappan Zee Bridge. He noted that it will have a profound impact on the surrounding communities.

Mr. Armstrong stated he lives on Gay Ridge Road and has septic fields and pays to be in a sewer district without the benefit of sewers. He has no problem with building on this property but feels it should not be re-zoned.

Supervisor Cooper stated that an informational meeting is being established and hopefully many of these issues can be resolved.

Mr. Stabile stated that he sympathizes with residents who need sewers but feels that this area should not be re-zoned.

Supervisor Cooper reconvened a public hearing to consider recommending the Old Stone Church located on Route 6 be granted local landmark designation.

Mr. Oxman is the attorney representing the owner of the Old Stone Church and stated that the owner does not want the inside and the outside of the building landmarked. He stated that the owner will agree to the stonework and mosaic in the front foyer but the roof and beams need repair and he would like the flexibility to fix them when necessary.

Mr. Travis, Vice Chair of the Landmarks Committee stated that the Landmarks Committee has a quick turn around when issuing a Certificate of Appropriateness which is needed to do work on a landmarked building.

Councilman Martorano does not want to landmark this building if the owner is against it. He feels that government is becoming to intrusive.

Councilman Metz stated that both sides seem to be close to making an agreement, he suggested closing the hearing and reserving the right to a decision on the matter until both parties can come to an agreement. The Board agreed.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was closed. Councilman Bianco motioned, 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, NY on the 7^th day of March, 2006 at 7:30 o’clock p.m., or as soon thereafter as the same can be heard, to consider amending Chapter 260 of the Town of Yorktown to provide qualifying veterans with the greatest real property tax exemption authorized by Section 458-a of the Real Property Tax Law as amended by Chapter 356 of the laws of 2005.

A copy of the proposed Local Law is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours.

WHEREAS, a petition has been filed for the creating of the Hunterbrook Sewer District, Extension No. 16 together with a map and plan, and which petition recites "The total amount proposed to be expended for the improvement is $65,000.00 and will be borne entirely by petitioner, Anthony C. Martinez, and

WHEREAS, the boundaries of the proposed sewer district extension are as shown on Schedule A and bounded and described, as follows:

All that certain plot, piece or parcel of land, situate, lying and being in the Town of Yorktown, County of Westchester, State of New York, more particularly bounded and described as follows:

Beginning at a point on the southerly side of Jacob Road where the division line between the most northeasterly corner of premises herein described and the lands now or formerly Helen M. Fox;

THENCE along the southerly side of Jacob Road North 70 degrees 20 minutes 07 seconds East 222.90 feet to the point or place of BEGINNING.

WHEREAS, the maximum amount proposed to be expended for such improvement is $65,000.00, which will be borne entirely by Petitioners, it is

ORDERED, that the Town Board of the Town of Yorktown, shall meet at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 7th day of March, 2006 at 7:30 o'clock PM for the purpose of conducting a public hearing on the proposal to establish said sewer district with the improvements specified above, at which time and place all persons interested in the subject thereof may be heard concerning the same.

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 Monday, March 13, 2006, at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598, for a new 59 Horsepower @ 2,200 RPMs Diesel Forklift.

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Yorktown is seeking to obtain professional consulting services from qualified planning firms to provide environmental planning services to the Town of Yorktown. These services have been divided into separate tasks: Wetland Delineation, Wetland Mitigation Evaluation, Habitat/Biodiversity Evaluation, Phase II Storm Water Regulations and Technical Advisor to Conservation Board.

Please send Proposals and Curriculum Vitae to John Tegeder, R.A., Yorktown Planning Department, 1974 Commerce Street, Yorktown Heights, New York 10598. Proposals must be submitted before 5:00 p.m. on March 14, 2006. Provide ten copies of the proposals at the time of submission. Proposals submitted after the above date and time may be accepted for review at the sole discretion of the Town Board. Facsimiles, E-mail or other electronic means will not be accepted.

The Town Board reserves the right to accept or not accept any or all proposals received in response to this RFP, or to cancel in whole or in part this RFP, if determined by the Town of Yorktown Town Board to be in the Town’s best interest. Further, the Board reserves the right to award any portion of the work described herein, to any one or multiple consultants as it deems appropriate. The issuance of this RFP does not bind the Town of Yorktown to award any contract, or to pay any costs incurred by prospective consultants in the preparation of proposals responding to this RFP.

NOTICE IS HERE GIVEN that sealed proposals will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 2:00 p.m. on March 7^th, 2006 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for 2006 Ford 550 Trucks.

The Bidder assumes the risk of any delay in the mail or in the handling of the 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 the bids in at the time and the place specified above. all bids are to be returned to the Town Clerk, 363 Underhill Avenue, Yorktown Heights, NY 10598, marked: “Bid: XLT 2006 Ford 550.”

The Superintendent of Highways reserves the right to reject any and all bids and to accept that bid which is deemed most favorable to the interests of the Town of Yorktown.

WHEREAS, invitation to bid for Athletic and Game Equipment for use by the Parks & Recreation Department, was duly advertised, and

RESOLVED, that upon the recommendation of the Superintendent of Parks & Recreation, the bid be and is hereby awarded as annexed hereto.

RESOLVED, that the 2006* Ford Crown Victoria Marked Police Interceptor bid is hereby awarded to Warnock Automotive Inc. d/b/a Warnock Fleet of East Hanover, New Jersey in the amount of $19,846.00 .

RESOLVED, that the 2006* Ford Crown Victor Un-Marked Police Interceptor bid is hereby awarded to Warnock Automotive Inc. d/b/a Warnock Fleet of East Hanover, New Jersey in the amount of $19,879.00 .

RESOLVED, that the 2006* Ford Explorer 4x4 bid is hereby awarded to Warnock Automotive Inc. d/b/a Warnock Fleet of East Hanover, New Jersey in the amount of $20,411.00 .

RESOLVED, that the 2006* Ford Expedition 4x4 bid is hereby awarded to Warnock Automotive Inc. d/b/a Warnock Fleet of East Hanover, New Jersey in the amount of $24,801.00 .

RESOLVED, that the 2006* Dodge Charger Police Patrol Car bid is hereby awarded to Warnock Automotive Inc. d/b/a Warnock Fleet of East Hanover, New Jersey in the amount of $21,393.00 .

RESOLVED, that the Highway Superintendent is hereby granted permission to purchase an International Truck from the State bid.

RESOLVED, that the Town Board rescinds all bid winners for catch basins and frame/grates except Chemung Supply because Chemung is the only company who meets the New York Sate specifications.

WHEREAS, the Town of Yorktown Town Board authorized the Planning Department to apply to New York State Emergency Management Office under the Flood Mitigation Assistance Program (“FMA”), and

WHEREAS, the Town of Yorktown has received a New York State Emergency Management Office All Hazard Mitigation Plan Grant to prepare Floodplain Management and Hazard Mitigation Plans for the Town of Yorktown; and

WHEREAS the Town has been awarded $14,250.00 and has committed a matching share of 25% ($4,750.00), of which $2,375.00 of the non-federal share in must be in cash, and

WHEREAS NYSEMO requires the Town of Yorktown to prepare a multi-hazard mitigation plan that meets the requirements of 44 CFR Part 201.6 Local Mitigation Plans, to become eligible for other FEMA mitigation projects, and

BE IT HEREBY RESOLVED that the Town Board of the Town of Yorktown authorizes the Supervisor to execute a contract with the New York State Emergency Management Office for the purpose of participation in the All Hazard Mitigation Plan as a recipient of the $14,250.00 award and a matching share of $4,750.00, of which $2,375.00 will be paid in cash.

WHEREAS, since 1997 and pursuant to a memorandum of agreement, the Hallocks Mill Sewer District, located in the Town of Yorktown, has had legal obligation to either divert its sewage to the Westchester County treatment plant located in the City of Peekskill or upgrade its existing facility;

WHEREAS, under either of the above scenarios, the goal is to achieve the highest quality and safest drinking water possible;

WHEREAS, after almost ten years of debate and study, no final agreement could be reached as to whether to divert the Hallocks Mill sewage to Peekskill or to upgrade the existing treatment plant;

WHEREAS, the Town of Yorktown, believing that diversion was the only option which could remove 100% of the effluent from the Croton Watershed, petitioned to have the 5,000 parcels in the Hallocks Mill Sewer District diverted to the Westchester County treatment plant in the City of Peekskill;

WHEREAS, after Yorktown’s petition was initiated, the Department of Environmental Protection (“DEP”) facilitated the necessary additional studies with regard to the diversion and upgrade options;

WHEREAS, in February, 2006 the Department of Environmental Protection (“DEP”), as a result of the aforementioned studies, determined that diversion was no longer an option for disposing of the Hallocks Mill sewage;

BE IT RESOLVED that the Yorktown Town Board unanimously agrees that diversion is no longer an option for disposal of the Hallocks Mill sewage;

BE IT FURTHER RESOLVED that the Yorktown Town Board unanimously agrees that upgrading and expanding the Hallocks Mill sewage facility is the only option available for the disposal of the Hallocks Mill sewage;

BE IT FURTHER RESOLVED that the Yorktown Town Board seeks the necessary regulatory changes which will permit the upgrade and expansion of the Hallocks Mill Sewage treatment plant;

BE IT FURTHER RESOLVED that the Yorktown Town Board unanimously agrees that the Hallocks Mill sewage treatment plant must be expanded so it can effectively treat the effluent from the full 5,000 parcels within the district, approximately 4,000 parcels which are currently sewered, as well as the 1,000 or so parcels within the district which have paid sewer taxes for many years, but remain unsewered;

BE IT FURTHER RESOLVED that the Yorktown Town Board respectfully requests the support of elected officials, involved agencies, environmental organizations and individual citizens, in helping to bring about the necessary regulatory changes which will permit the upgrade and expansion of the Hallocks Mill treatment plant;

BE IT FURTHER RESOLVED that the Yorktown Town Board urges the New York City Department of Environmental Protection and the New York State Department of Environmental Conservation to expeditiously effect the necessary regulatory changes which will permit the Hallocks Mill sewage treatment plant to upgrade and expand to a level which effectively treats the effluent produced by the full 5,000 parcels located throughout the sewer district; and

BE IT FURTHER RESOLVED that the Yorktown Town Board recognizes that the upgrade and expansion of the Hallocks Mill sewage treatment plant is a multimillion dollar project and unanimously calls upon the County of Westchester, the New York City Department of Environmental Protection and the Northern Westchester Watershed Committee to release the necessary funds, currently being held in escrow, which will permit the upgrade and expansion of the Hallocks Mill sewage treatment plant.

RESOLVED, that the Town Supervisor is hereby authorized to sign the addendum to the SPCA contract regarding the treatment of feral cats.

WHEREAS, Chapter 704 of the Laws of 2005 authorizes the Town of Yorktown, Westchester County, New York, to establish an open space and conservation district in said Town using a per lot charge of $30 to fund the district; and

WHEREAS, the Town Board of the Town of Yorktown now desires to formally establish such district; NOW, THEREFORE, BE IT

a) All the property and property owners within said proposed Open Space and Conservation District are benefited thereby;

b) All the property and property owners benefited are included within the limits of said proposed Open Space and Conservation District; and

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

In addition, at such meeting, the following resolution was offered by Councilman Nicholas Bianco, who moved its adoption, seconded by Councilman James Martorano, to-wit:

WHEREAS, said Town Board has adopted a resolution on February~21, 2006 making the findings and determinations required pursuant to Section 194(1) of the Town Law; NOW, THEREFORE, BE IT

Section 1. The establishment of an Open Space and Conservation District in the Town of Yorktown, Westchester County, New York, consisting of all real property located in the Town is hereby approved.

Section 2. The Town Clerk shall, within ten (l0) days after this resolution takes effect, file certified copies of this resolution in the office of the State Department of Audit and Control at Albany, New York and record same in the County Clerk’s office.

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

WHEREAS, the Town of Yorktown Town Board is desirous of including nine parcels of land into the existing Peekskill Sanitary Sewer District, NOW THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Yorktown does hereby request that the County of Westchester incorporate the following lands into the Peekskill Sanitary Sewer District:

WHEREAS, the Town of Yorktown Town Board is desirous of including two parcels of land into the existing Peekskill Sanitary Sewer District, NOW THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Yorktown does hereby request that the County of Westchester incorporate the following lands into the Peekskill Sanitary Sewer District:

WHEREAS, Rutledge Construction Corp. as principal, provided the Town with Western Surety Company Performance Bond No. 69273683, in the amount of $47,585.00, to serve as the Performance Bond for Tompkins Subdivision, located on New Road, and

WHEREAS, Rutledge Construction Corp., as principal, provided the Town with Check No. 1423, in the amount of $1,200.00, to serve as the Erosion Control Bond, and

WHEREAS, the Town Engineer has informed this Board that a representative of her department has inspected the property and determined all public improvements have met Town requirements, NOW, THEREFORE, BE IT

RESOLVED, that the Performance Bond in the amount of $47,585.00 is hereby released to Rutledge Construction Corp., AND BE IT FURTHER

RESOLVED, that the Erosion Control Bond in the amount of $1,200.00 is hereby released to Rutledge Construction Corp., 77 Red Mills Road, Mahopac, NY 10541, Attn: William Rutledge.

WHEREAS, Michael Kissane, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 Account on February 18, 2005, covering Wetland Permit #005-05, for work performed at 3507 Strang Boulevard, and

WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $300.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $300.00 be and is hereby released to Mr. Michael Kissane, 3507 Strang Boulevard, Yorktown Heights, NY 10598.

WHEREAS, Christopher Dowhan, as applicant, heretofore filed an Erosion Control Bond in the sum of $1,000.00, which was deposited into the T33 Account on December 10, 2004, covering Wetland Permit #011-04, for work performed at 1392 Hunterbrook Rd., and

WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $1,000.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $1,000.00 be and is hereby released to Mr. Christopher Dowhan, 1392 Hunterbrook Rd., Yorktown Heights, NY 10598.

RESOLVED, that the Town Board authorizes the Town Supervisor to sign a Sewer Easement Agreement with And What Else, LLP, for the installation of sanitary sewer within the proposed Hunterbrook #8 Sewer District.

RESOLVED, that the Town Board authorizes the Town Supervisor to sign a General Utility Easement Agreement with the Catherine Street Field Home for the sanitary sewer and water mains associated with the above-referenced project.

RESOLVED, that the Town Board authorizes the Town Supervisor to sign a General Utility Easement Agreement with the House of the Holy Comforter (aka Field Home Holy Comforter) for the sanitary sewers associated with the above-referenced project.