Town of Yorktown, NY - Town Board Minutes 03/07/2006

Regular meeting held by the Town Board,

Town of Yorktown on March 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

Alice E. Roker, Town Clerk

Supervisor Linda G. Cooper called the meeting to order.

Stephen Anderson, a Boy Scout with Troop 164 led the Pledge of Allegiance. He attended tonight’s meeting to work on his Citizenship in the Community Merit Badge.

Supervisor Cooper presented Certificates of Appreciation and Honorary Keys to the Town of Yorktown to the following people:

Recreation Commission

Yorktown Volunteer Ambulance Corp.

DURING HER REPORT TO TOWN, SUPERVISOR LINDA G. COOPER announced that the company, Honey Do This, is the newest member of our Adopt A Road Committee. They will be responsible for cleaning Granite Springs Road from Gomer to Curry Street.

DURING REPORTS FROM THE TOWN COUNCIL, Councilman Bianco spoke about the Yorktown Central School District’s Bond Vote on March 14^th. He also announced that there are vacancies on several advisory boards including the Recreation Commission and the Museum Board of Trustees.

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

Mrs. Linda Clemenza spoke about a meeting at the Grace Lutheran Church concerning Yorktown Farms. According to Mrs. Clemenza, if this developer is permitted to build 22 homes instead of using the as of right zoning number of 12, the result would be more traffic, higher school taxes and more wear and tear on the roads.

Mr. Nick DiTomasso spoke about what he called the true meaning behind the Pledge of Allegiance. He also thanked the Town Board for recognizing the troops abroad by dedicating a moment of silence at the beginning of the meeting in their honor.

PROPOSED LOCAL LAW AMENDING CHAPTER 260

ALTERNATE VETERAN EXEMPTION

Supervisor Cooper called to order a public hearing 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. Affidavits of Posting and Publication were presented by the Town Clerk

Yorktown Assessor Robert Killeen explained that this proposed local law will raise the current exemption ceiling from $180,000 to $360,000. The exemption will depend on your veteran status, combat, non-combat, or disabled. The tax impact to the Town is that $700,000 is taken off of the assessment roll.

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.

LOCAL LAW # 2 AMENDING CHAPTER 260

ALTERNATE VETERAN EXEMPTION

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

WHEREAS a public hearing was held on the 7th day of March, 2006 pursuant to notice duly published as required by law to amend Section 260-6 of the Code of the Town of Yorktown to increase the Alternative Veterans Tax Exemption.

RESOLVED that Local Law # 2/2006 as annexed hereto, be and is hereby adopted.

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

Supervisor Cooper Voting Aye

Councilman Metz Voting Aye

Councilman Campisi Voting Aye

Councilman Bianco Voting Aye

Local Law # 2 of 2006 was thereupon declared duly adopted.

CREATION OF HUNTERBROOK SEWER

DISTRICT EXT. 16 - JACOB ROAD

Supervisor Cooper called to order a public hearing to consider the creation of Hunterbrook Sewer District, Ext. No. 16. Affidavits of publication and posting were presented by the Town Clerk.

Mr. Al Capellini, attorney for the applicant explained that the cost of the district will be borne by the applicant. This is a four acre parcel which previously contained two houses, it will be re-developed into a two lot subdivision. The property is already included in the Peekskill Sanitary Sewer District.

CREATION OF HUNTERBROOK SEWER

DISTRICT EXT. 16 - JACOB ROAD

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

WHEREAS, a petition for the creation of a sewer district to be known as “Hunterbrook Sewer District Extension No. 16 in the Town of Yorktown, Westchester County, New York, the said petition being dated January, 2006, was duly presented to this Town Board together with the necessary map and plan, and

WHEREAS, an order was duly adopted by the Town Board on February 21, 2006 reciting the filing of said petition, the improvements proposed, the boundaries of the proposed district and setting forth that the expense of the construction, improvement and formation of the Sewer District is to be borne by the petitioner solely and specifying March 7, 2006 at 7:30 o’clock PM as the time and the said Town Hall in the said Town of Yorktown as the place where the said Board would meet to consider the petition and to hear all persons interested in the subject thereof, concerning the same, and

WHEREAS, a hearing on the matter was duly held by the Town Board on this 7th day of March, 2006, commencing at 7:30 o’clock PM at the Town Hall in the said Town and considerable discussion upon the matter having been had and all persons desiring to be heard having been duly heard including the petitioner in person and various other persons speaking in favor of the establishment of the proposed district:

NOW, upon the evidence given upon such hearing and upon motion by Councilman Martorano, seconded by Councilman Bianco and unanimously passed, it is

RESOLVED AND DETERMINED, that (a) the petition aforesaid is signed and acknowledged or proved as required by Law, and it duly complies with the requirements of Section 191 of the Town Law as to sufficiency of signers and it is otherwise sufficient; (b) all the property and property owners within the proposed district are benefitted therein; © all the property and property owners benefitted are included within the limits of the proposed district; and (d) it is in the public interest to grant in whole the relief sought, and it is further

RESOLVED AND DETERMINED, that the establishment of a sewer district as proposed in said petition be approved, that the improvement therein mentioned be constructed and the service therein mentioned be provided for at the sole expense of the petitioners as in said petition provided for; and that such district shall be designated and known as “Hunterbrook Sewer District Ext. #16" and shall be bounded and described as follows:

RUNNING THENCE South 06 degrees 51 minutes 40 seconds West, 208.09 feet;

THENCE South 07 degrees 34 minutes 50 seconds West, 631.46 feet;

THENCE South 08 degrees 36 minutes 30 seconds West, 72.09 feet;

THENCE North 85 degrees 24 minutes 53 seconds West, 222.90 feet;

THENCE North 03 degrees 19 minutes 10 seconds East, 381.81 feet;

THENCE South 86 degrees 56 minutes 44 seconds East, 87.52 feet;

THENCE North 02 degrees 51 minutes 50 seconds East, 435.03 feet to the southerly side of Jacob Road;

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.

FURTHER RESOLVED, that the proposed improvement, costs of the construction, improvement and formation be borne solely by the petitioner as set forth in the petition, and it is

FURTHER RESOLVED, that the Town Clerk of this Town shall within ten days after the adoption of this resolution file certified copies thereof in duplicate in the Office of the State Department of Audit and Control at Albany, New York.

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

Supervisor Cooper voting aye

Councilman Martorano voting aye

Councilman Bianco voting aye

Councilman Metz voting aye

Councilman Campisi voting aye

PEEKSKILL SANITARY SEWER DISTRICT

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

WHEREAS, the Town of Yorktown Town Board is desirous of including one parcels of land (tax account number 3014000, proposed 2-lot subdivision) in proximity to 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 land into the Peekskill Sanitary Sewer District:

Town of Yorktown

New Tax Map Identification

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

Supervisor Cooper voting aye

Councilman Martorano voting aye

Councilman Bianco voting aye

Councilman Metz voting aye

Councilman Campisi voting aye

JEFFERSON VILLAGE OWNERS’ CORP/CONDO 9

Supervisor Cooper called to order a public hearing to consider the application of Jefferson Owners Corporation for a Wetlands Permit to divert surface water runoff being received from an adjacent property owned by the Town of Yorktown.

Dan Ciarcia, the Project Engineer explained that the purpose of this project is to divert surface water runoff being received from an adjacent property owned by the Town of Yorktown. The runoff will be collected along a channel and diverted around existing condominiums in Jefferson Village. The diverted flow will contribute to an existing waterway and reconnect to the original discharge point. The work consists of constructing 96 linear feet of 48 inch HDPE pipe and installing approximately 1244 linear feet of stone lined channel. The channel vary from 3 to 8 feet in bottom width. On the southerly portion of the Condo 9 property, there will be a temporary lay down/storage yard area. The lay down area is adjacent to the existing channel. Access to the lay down area will be across a temporary 24 inch diameter pipe, placed along an existing channel section.

Supervisor Cooper read a memorandum from the Conservation Board which is on file in the Town Clerk’s Office.

Mr. Ciarcia stated that his client agreed with most of the recommendations in the memorandum but had some objections, that they did not want to get into any kind of timetable particularly because some of their work is dependent upon the Town doing its work and they did not know what our timetable was. Also, they have a bond already in place, they would like it to be rolled over.

Mr. Vito Tanzee, a resident of 324 Lewis Avenue expressed his concerned with trucks entering and leaving the site. He stated that this could potentially effect residents on his street. He was also concerned about which trees would be taken down.

Construction vehicles will not be entering or leaving the site from Lewis Avenue. The Highway Superintendent will mark the trees which will be taken down.

Mr. Dan Cortisi stated asked what happens if water from the project floods his property.

Supervisor Cooper stated that the applicant must insure that no adverse impacts are felt by nearby residents.

A homeowner from 3611 Gomer Street asked if this would effect her property?

Mr. Ciarcia stated that this property could not be effected by the project because her property is upstream.

The applicant was asked to meet with the residents of the area in the field.

The Town Board agreed that it would render a decision on this application at its work session next Tuesday.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was closed and a decision will be rendered in seven days. Councilman Bianco motioned, seconded by Councilman Martorano.

WETLANDS & EXCAVATION PERMIT - BOSE

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

NOTICE IS HEREBY GIVEN that a public hearing will be reconvened by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 21^st day of March, 2006 at 7:30 o’clock PM, or as soon thereafter as the same can be heard, to consider the application of Subhra and Reshmi Bose for a wetlands and excavation permit for Section 13.4, Block 4, Lot No. 1 on the Yorktown Tax Map. The proposal is for the construction of a single family residence located on Underhill Avenue.

A copy of said proposal 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.

All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.

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

AUCTION USED EQUIPMENT - HIGHWAY

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

WHEREAS, the Town of Yorktown owns and has in its possession several items, see list below, which are no longer necessary or adaptable for use by the Town, and

WHEREAS, the Town believes it to be in the best interest of the Town to dispose of said equipment and receive for the benefit of the Town monetary compensation; now, therefore, be it

RESOLVED, that the Superintendent of Highways of the Town of Yorktown is hereby authorized to sell by sealed bid to be submitted to the Superintendent of Highways, 281 Underhill Avenue, Yorktown Heights, New York no later than 2:00PM on March 28^th, 2006 the

said equipment subject to the conditions and terms outlined below:

FURTHER RESOLVED, that the Town Board reserves the right to reject any or all bids and to accept that bid which it deems most favorable to the interests of the Town subject to the execution of a bill of sale prepared by the Town Attorney; subject to the right of the Town to withdraw the equipment prior to the actual sale; subject to the payment of 100% of winning bid amount by cash and/or check at time of acceptance of offer of bid; subject to the "as is" condition of the used equipment to be determined at the time of sale by the Superintendent of Highways. A listing as stated below of said used equipment is on file in the office of the Town Clerk.. The equipment may be examined at the Highway Department, 281 Underhill Avenue, Yorktown Heights, New York, between the hours of 7:00 AM - 2:00 PM, Monday - Friday, subject to the right of the Town to withdraw the vehicle prior to the actual sale

Pursuant to a resolution of the Town Board of the Town of Yorktown made and entered into on the 7^th day of March, 2006 at a meeting of the Town Board of the Town of Yorktown, Eric DiBartolo, the Superintendent of Highways of the Town of Yorktown will accept sealed bids at the Highway Department, 281 Underhill Avenue, Yorktown Heights, New York until 2:00PM, on March 28^th, 2006. for the following items in ‘as is’ condition:

3. FORD, 92 CROWN VIC

4. FORD, 94 CROWN VIC

5. FORD, 94 CROWN VIC

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

SCADA SYSTEM - KITCHAWAN WATER DISTRICT

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

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 a.m., on Monday, March 20, 2006, for the Kitchawan Water District Meter Pit Supervisory Control and Data Acquisition (SCADA) System, Capital Improvement Project #06-1W(REV1).

Plan, 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.

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.

If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address.

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

QUINLAN STREET - PRE-FABRICATED BOOSTER

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

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. on Monday, March 20, 2006, for the Pre-Fabricated Booster Pumping Station located at Quinlan Street, in the Town of Yorktown.

The bidder assumes the risk of 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.

If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address.

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

2006 XLT FORD 550 AND 2006 XL FORD 550

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

WHEREAS the bids for one XLT Ford 550 and one XLT Ford 550 for the Highway Department were opened on March 7, 2006 now therefore be it

RESOLVED, that the bids are hereby awarded to Park Ford, 276 Route 6, Mahopac, NY, the lowest responsible bidder, in the amount of $36,460.00 for the XLT Ford 550 and $34,540.00 for the XL Ford 550.

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

SIDEWALK CONSTRUCTION - ROUTE 118

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

WHEREAS, invitation to bid for construction of the Route 118 New Sidewalk Construction was duly advertised, and

WHEREAS said bids were received and opened on the 24^th day of March, 2006, with the bid amounts for the above-referenced project and are summarized as follows:

DeCarvalho Landscaping Services - $436,331.10

Vernon Hills Contracting - $479,120.00

395 N. MacQuesten Parkway

Mount Vernon, NY 10550

Acocella Contracting Inc. - $544,695.00

BE IT HEREBY RESOLVED, that upon the recommendation of the Planner, the subject project is awarded to DeCarvalho Landscaping, the low bidder, for providing all work associated with the combined bid, for a total award amount of $436,331.10.

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

APPROVE 2005 YEAR END BUDGET TRANSFERS

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

WHEREAS, the 2005 budget transfers were discussed at the February 28, 2006 Town Board work session; and

WHEREAS, upon recommendation of the Comptroller,

BE IT RESOLVED, the 2005 budget transfers, capital funding, and self insured funding as listed in the attached schedule is hereby approved.

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

AUTHORIZATION TO PURCHASE TWO

ADDITIONAL TRAILBLAZERS - HIGHWAY

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

WHEREAS, the Town Board has discussed the need for two additional vehicles; and

WHEREAS, the bid awarded January 17, 2006 to Taconic Chevrolet is still valid; now

RESOLVED, the Highway Superintendent is hereby authorized to purchase two additional Trailblazers under the January 17, 2006 bid award.

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

PERFORMANCE & EROSION CONTROL

BOND RELEASE - UNDERHILL ESTATES SUBDIVISION

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

WHEREAS, MAG Development Corp., as applicant, posted Check No. 1008, in the amount of $64,534.00, which was deposited into the T33 Account on February 10, 1999, to serve as the Performance Bond for the Barisic Acres Subdivision, located on Underhill Avenue, and

WHEREAS, Central Park Sales, as applicant, posted Check No. 6209, in the amount of $12,00.00, which was deposited into the T33 Account on August 25, 1994, to serve as the Erosion Control Bond for the Barisic Acres Subdivision, and

WHEREAS, MAG Development Corp., assigned 37 Croton Dam Road Corp. as Assignee to the Barisic Acres Subdivision (aka: Underhill Estates Subdivision), and

WHEREAS, Central Park Sales, assigned MAG Development Corp., as Assignee to the Barisic Acres Subdivision, and

WHEREAS, MAG Development Corp., assigned 37 Croton Dam Road Corp. as Assignee to the Barisic Acres Subdivision, 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 $64,534.00 is hereby released to 37 Croton Dam Road Corp., AND BE IT FURTHER

RESOLVED, that the Erosion Control Bond in the amount of $12,000.00 is hereby released to 37 Croton Dam Road Corp., 37 Croton Dam Road, Ossining, NY 10562.

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

BOND ACCEPTANCE - YORKTOWN REALTY

SITE PLAN (AKA BARGER BROOK MANOR)

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

WHEREAS, Yorktown Realty, LLC, as applicant, provided the Town with Check No. 2239, in the amount of $50,000.00 to serve as the Driveway Improvement Bond for work being performed at Barger Street and Route 6, for their Certificate of Occupancy, NOW, THEREFORE, BE IT

RESOLVED, that Check No. 2239, in the amount of $50,000.00, is hereby accepted to serve as the Driveway Improvement Bond for their Certificate of Occupancy.

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

LEAD AGENCY DESIGNATION - REAFFIRMATION

YORKTOWN WATER POLLUTION CONTROL PLANT

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

WHEREAS, the Town of Yorktown is proposed to have modifications, upgrade and repairs completed at its Yorktown Water Pollution Control Plant pursuant to the Town of Yorktown’s Order on Consent with the New York State Department of Environmental Conservation and has circulated the Long Form Environmental Assessment Form, NOW THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Yorktown does hereby again declare itself lead agency for the purpose of reviewing the environmental impact of the proposed action pursuant to the State Environmental Quality Review Act (SEQRA).

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

RELEASE OF ESCROW DEPOSIT

HEDWIG DRIVE - MERCURIO

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

RESOLVED, that the Town Board authorizes the release of the escrow deposit for Driveway Permit #1135 in the amount of $350.00 to Anthony Mercurio, 2823 Hedwig Drive, Yorktown Heights, NY 10598.

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

APPROVAL TO PURCHASE TWO ADDITIONAL

TRAILBLAZERS - HIGHWAY DEPARTMENT

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

WHEREAS, the Town Board has discussed the need for two additional vehicles; and

WHEREAS, the bid awarded January 17, 2006 to Taconic Chevrolet is still valid; now therefore be it

RESOLVED, the Highway Superintendent is hereby authorized to purchase two additional Trailblazers under the January 17, 2005 bid award.

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

AUTHORIZATION TO SIGN USE AND

DISSEMINATION AGREEMENT

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

RESOLVED that the Town Supervisor is hereby authorized to sign the Use and Dissemination Agreement between New York State Division of Criminal Justice Services and the Town Police Department. This agreement gives the Police Department continued access to the State’s DNA records.

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

AUTHORIZATION TO SUBMIT A DRUG FREE

COMMUNITIES GRANT APPLICATION

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

WHEREAS underage drinking and driving use represents a serious threat to communities throughout the United States of America,

WHEREAS the Town of Yorktown and the Coalition for Drug-Free Youths is concerned with working with all sectors of the community to reduce substance abuse among youths.

THEREFORE BE IT RESOLVED, that the Supervisor is authorized to submit a Drug Free Communities grant application on behalf of the community and coalition to fund ongoing efforts to reduce substance abuse among Yorktown’s youth.

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