Work Session meeting held by the Town Board,
Town of Yorktown on May 9, 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
EXECUTIVE SESSION
Councilman Bianco moved, seconded by Councilman Campisi to move into Executive Session to discuss the employment of particular persons and for a legal opinion relating to the acquisition of the Holland Sporting Club
Councilman Bianco moved, seconded by Councilman Campisi to move out of Executive Session and proceed with the Work Session.
WORK SESSION
Supervisor Linda G. Cooper called the meeting to order.
RESTRICTION OF BOND ASSIGNMENTS
Joan Goldberg, Town Comptroller, Kevin Sweeny, Town Attorney and John Buckley, Deputy Town Attorney discussed a proposed local law to restrict the assignment of bonds
Mrs. Goldberg explained some of the town projects go on for years, and because developers are constantly assigning their bonds to the new people, and failing to do the appropriate paperwork, there might come a time when something goes wrong, and that this will become a liability for us.
The Councilmen asked if there had ever been a problem?
Mrs. Goldberg stated that there has not been a problem.
Supervisor Cooper suggested that this proposal be referred to the Chamber of Commerce and a public hearing set for June 20th.
CELL TOWER PAYMENTS
Mrs. Goldberg explained that payments for cell towers are down. We only get 50% of payments made by co-lators instead of the 72% we had been receiving.
Deputy Town Attorney John Buckley explained that Sprint had overpaid the contract for many years, we are now getting what is due according to the contract. Mr. Buckley stated that the 72% payment should have been a one time payment. Sprint misinterpreted the contract, they kept sending the Town 72% of its revenue when only 50% was due. Mr. Buckley further explained that Sprint could have demanded its overpayment. The contract is currently being administered by Global Crossing who found the error.
SPRINT AT GREENWOOD STREET
Mr. David Snyder, the attorney for Sprint stated that he has been in discussions with the Town Attorney about locating a cell tower at the Town of Yorktown’s Sewer Plant on Greenwood Street. The tower will be placed in the woods. The Town of Yorktown will be paid $1 million dollars over a thirty year period.
Supervisor Cooper will reach out to the Highway Department and the Sewer Department to make sure that they are aware of this proposal.
The Town will adopt a resolution next week stating that we will begin negotiations on the lease.
PARKS DISCUSSION
Parks and Recreation Superintendent as well as Jim Hackett and Joe Falcone, members of the Recreation Commission addressed the Town Board.
The Board agreed on a change in work hours for laborers in the Parks Department. Their new hours will be 7:00 AM to 3:00 PM.
The Town Board agreed that the pool in Shrub Oak Park would have to be sandblasted at the end of the summer. The cost will be approximately $43,000.00
There was no determination on what to do with the Holland Sporting Club. Supervisor Cooper once again asked the Recreation Commission to hold meetings with the surrounding community.
A representative of the Mohegan Improvement District stated that he has 1500 property owners in his association. They would like to meet to discuss what should happen to this property.
A resident of Horton Drive suggested that the Town do something that will not create traffic. The streets in Mohegan Lake surrounding the Holland Club are narrow. She further stated that many of the buildings on the site may need to be demolished.
LUNDQUIST - REZONING, BARGER STREET/ROUTE 132
Mr. Gary Lundquist, owner of property at the above location stated that the Town’s proposal to change his property to all residential instead of the part commercial, part residential will create an unfair burden on him. The proposed rezoning to R-120 would have a great financial impact on him. Mr. Vartebedian, attorney for Mr. Lundquist stated that his family has been paying taxes on this property since 1946. He further stated being rezoned to CC (country commercial) would be alternative that Mr. Lundquist can live with.
Councilman Bianco stated the he was not aware that this property was up for rezoning. He thought the Board had completed all of the rezoning in the northern area of Yorktown.
The Board agreed that they might take another look at this issue at some point in the future.
BOSE WETLAND PERMIT, UNDERHILL AVENUE
Planning Director John Tegeder handed a memorandum to the Town Board in which he states that the applicant has not completed all of his submissions concerning this site.
Town Attorney Kevin Sweeny was directed to prepare a draft decision for Tuesday night.
OLD STONE CHURCH, ROUTE 6
Thomas Travis co-chair of the Landmarks Commission attended this session.
The Town Board reviewed three draft decisions. They will vote on this issue on Tuesday, June 6th.
WETLANDS ESCROW AND FEE LANGUAGE
Kevin Sweeny discussed the proposed legislation which would add sections to the code to allow charge-backs on wetlands work
Councilman Metz stated that he would be opposed to this when it involves an administrative permit. He had no problems with having an escrow account for a project requiring a non-administrative permit.
Councilman Campisi suggested that this be placed on another work session agenda because they only received this proposal tonight.
MISCELLANEOUS:
Ethics Board Request, Hog Hill Associates
Supervisor Cooper and Town Clerk Roker both left the room for this discussion.
Upon re-entering the room, the Town Attorney stated that the Board agreed that this complaint should not be sent to the Ethics Board.
New York State Police plea bargaining
Supervisor Cooper suggested that the Town Board approve a resolution opposing a proposed state law which calls for plea bargaining.
2006 Final Special Franchise Full Values
Supervisor gave this Board this information for FYI purposes.
RESOLUTIONS:
Request from Environmental Conservation Department
Authorize filing of application for New York State recycling grant.
Request from Supervisor’s Office
Authorize Dept. of Environmental Conservation to pick up refuse at JV Fire Station
Authorize Supervisor to sign IMA with Westchester County to accept East of Hudson
Funds
Request from Building Department
Authorize staff and equipment to clean up a site at end of Cross Road, Mohegan Lake
Request from Engineering Dept.
Wetland Permit Application Fee Release: Savino & Erica Gallinelli #WP-021-06
The resolutions outlined above will be adopted at the next meeting of the Town Board.
AUTHORIZATION FOR SERP - SUNCREST SEWER DISTRICT
RESOLUTION #250
Upon motion made by Councilman Martorano, seconded by Councilman Bianco,
WHEREAS, the Town of Yorktown as applicant, seeks approval to construct a sewer to serve the Suncrest Sewer District area, and
WHEREAS, the proposed activity is subject to the State Environmental Review Process (SERP), and
WHEREAS, the Town Engineer prepared a long-form EAF describing the proposed activity and analyzing impacts, NOW, THEREFORE, BE IT
RESOLVED, that the Environmental Clerk of the Town of Yorktown is hereby directed to initiate a coordinated review pursuant to SERP by doing the following:
1. Mail the long-form EAF and other related application material to the following involved agencies
Town of Yorktown Town Board
Westchester County Department of Planning
Westchester County Department of Health
New York State Department of Environmental Conservation
Environmental Notice Bulletin
and any other agencies determined by the Environmental Clerk
2. Notify the involved agencies that a lead agency must be agreed upon, within 30 calendar days of the date the EAF was mailed to them.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
AUTHORIZATION FOR SERP - OVERLOOK SEWER DISTRICT
RESOLUTION #251
Upon motion made by Councilman Martorano, seconded by Councilman Bianco,
WHEREAS, the Town of Yorktown as applicant, seeks approval to construct a sewer to serve the Overlook Sewer District area, and
WHEREAS, the proposed activity is subject to the State Environmental Review Process (SERP), and
WHEREAS, the Town Engineer prepared a long-form EAF describing the proposed activity and analyzing impacts, NOW, THEREFORE, BE IT
RESOLVED, that the Environmental Clerk of the Town of Yorktown is hereby directed to initiate a coordinated review pursuant to SERP by doing the following:
. 1. Mail the long-form EAF and other related application material to the following involved agencies
Town of Yorktown Town Board
Westchester County Department of Planning
Westchester County Department of Health
New York State Department of Environmental Conservation
Environmental Notice Bulletin
and any other agencies determined by the Environmental Clerk
2. Notify the involved agencies that a lead agency must be agreed upon, within 30 calendar days of the date the EAF was mailed to them.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
TOWN BOARD MEETING AGENDA
The Board discussed the May 16, 2006 Town Board meeting agenda.
ADJOURN
Upon motion by Councilman Campisi, seconded by Councilman Metz and carried, the meeting was adjourned.
Alice E. Roker
Town Clerk
Town of Yorktown
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