Town of Yorktown, NY - Town Board Minutes 05/16/2006

Troop Leaders from Boy Scout Troops #173 and #174 spoke about the Americares Program they participated in on May 6, 2006. Members of several community and church groups including the Lions, and the Order of the Arrow worked on a total of three homes. The Boy Scouts who attended tonight’s meeting painted both the inside and outside of a home in Yorktown as part of their Americares Project.

WHEREAS the Town of Yorktown and the Yorktown Consortium for Community Education have, through their Programs for People, set aside a special day in Yorktown for the Sixteenth Annual "Yorktown Community Care Day;" and

WHEREAS all residents of the Town of Yorktown are invited to come together at "Yorktown Community Day," Saturday, May 20, 2006 to participate in a day of fun-filled family activities; and

WHEREAS this exciting event is made possible through the sponsorship, cooperation and support of the Yorktown Parks and Recreation Department, numerous community groups, corporations, local businesses and volunteers; and

Mrs. Joan Valenstein accepted the Proclamation. This is the 17^th Annual Celebration. The sponsors of this year’s event include the Yorktown Parks and Recreation Department, the New Yorktown Chamber of Commerce and the Yorktown Central School District.

WHEREAS it is important that all residents know and understand the duties, responsibilities, hazards and sacrifices made by law enforcement officers and that these officers recognize their duty to serve the people by safeguarding life and property, protecting them against violence and disorder;

NOW, THEREFORE, BE IT RESOLVED, that I, Linda G. Cooper along with the Town Board, call upon all residents of the Town of Yorktown to observe the week of May 14 through May 20 as Police Week and join in commemorating law enforcement officers, past and present for their courageous deeds.

Police Chief Daniel McMahon accepted the Proclamation stating that President John Kennedy signed a bill in 1962 proclaiming the second week in May as National Police Week. Presently, there are 800,000 police officers working in this country. 12% are women. Every 53 hours, one police officer is killed in the line of duty.

WHEREAS a community draws its spirit, strength and values from the concern and commitment of all the individuals and organizations serving within its boundaries, a strength measured in community pride that has enabled Yorktown to grow and prosper; and

WHEREAS Geoffrey Claroni, Esq. is being honored today by the Circolo da Vinci Society as Person of The Year because of his outstanding contributions to Italian culture and heritage and to our community; and

WHEREAS Geoffrey Claroni, Esq. has been a true inspiration to us all and his commitment and devotion to his Italian heritage has fostered leadership values, a sense of responsibility and service to each other and our community; and

WHEREAS Geoffrey Claroni, Esq. conceived and implemented the very successful and popular “Westchester Celebrates Italian Heritage and Culture Month” and has served as Exhibition Coordinator for The Italians of New York: Five Centuries of Struggle and Achievement Exhibit at the John D. Calandra Italian American Institute in Manhattan; and

Councilman Bianco, a member of Circolo da Vinci himself and Mr. Albert Capellini accepted the Proclamation. Councilman Bianco stated explained that the purpose of this group is to foster and enhance the Italian Heritage.

DURING HER REPORT TO THE TOWN, Supervisor Cooper spoke about the Second Annual Awards Dinner sponsored by the Coalition for a Drug Free Youth. The event will be held on Thursday evening at Travelers Restaurant where the Yorktown Lions and Yorktown Leos will be honored. Calvalho Landscapers has been added to the list of Adopt A Road companies. Pratt’s Inn and the Yorktown Historical Society will sponsor this year’s re-enactment of the Battle of Pinesbridge on June 11^th beginning at noon. The American Cancer Society will hold this year’s Relay for Life at the YCCC beginning at 10:00 PM on June 16^th. The event runs through June 17^th, 2006.

Supervisor Cooper spoke about this year’s Memorial Day activities beginning at the Shrub Oak Memorial at 10:00AM. The Parade in Yorktown Heights begin with a short ceremony at Town Hall at 11:00AM.

Supervisor Cooper presented a summary of The Town of Yorktown’s Stormwater Management Program. She began by explaining that has focused its efforts on phosphorous reduction in anticipation of the upcoming heightened Phase II requirements of the NYCDEC. The Town has developed an education program to inform the public about the feeding of waterfowl. In 2005, the Town of Yorktown established the Lake Council. During the summer of 2005, the Town of Yorktown utilized the services of interns to perform field verifications of the town stormwater base map. The Town also conducts regular construction site inspections. We have also developed testing protocols for kennels and golf courses as well as implementing a low impact snow removal and ice program.

Westchester County Legislator Michael Kaplowitz updated the Town Board on several issues. The Board of Legislators has approved the Town’s petition to allow thirty six (36) homeowners into the Peekskill Sanitary Sewer District. Westchester County officials have signed the Intermunicipal Agreement concerning the Legacy Ballfields. Legislator Kaplowitz also stated that the County has entered into a partnership with the State of New York, the Town of Yorktown and the Town of Cortlandt to purchase the development rights on a farm that borders the two towns. He also stated that the County is working with our congressional district to see that the Alternative Minimum Tax Law is changed.

The owner of Mohegan Florist on Route 6 expressed concerned that the Town’s sign law is hurting her business. Joe Hughes, the Code Enforcement Officer told her that the law prohibits the display of flags and banners. Traffic along that roadway is horrendous. The Town Board needs to help businesses in that area.

Mr. Richard Sipriani, the owner of a shopping center along Route 6 also expressed his concern about the sign law. Mr. Sipriani stated that he believes businesses in this area are being over-regulated.

Supervisor Cooper stated that the Town Board would take another look at its ordinance. The Board will initiate a meeting between ABACA, the Planning Department, the Chamber of Commerce and businesses along Route 6.

Supervisor Cooper reconvened a public hearing to render a decision regarding 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.

Mr. Bose read from a prepared statement giving their time line on the proposal. They stated that they are sensitive to the environment. They further stated that they have spent significant sums of money in their attempt to get their application approved. They stated that as far as the town’s request for an alternative proposal, none exists. Mr. Bose asked why he is being forced to pay $85,000 to a nearby property owner to gain access to his property. Their proposal contains a bridge similar to one recently built by neighbors further down Underhill Avenue. They are rapidly approaching the four year anniversary of their application submission.

WHEREAS, the Town Board of the Town of Yorktown has received from SUBHRA AND RESHMI BOSE an application for a wetlands permit and an excavation permit in connection with the proposed construction of a single-family residence on property located at 695~Underhill Avenue and identified as Section 48.09, Block 1, Lot. No. 51 on the Yorktown Tax Map; and

WHEREAS, the Town Board declared, and circulated a declaration of, its intent to act as Lead Agency in connection with all processing, procedures, determinations and findings to be made or conducted with respect to the Wetlands Permit application under Section 8-0101, et. seq. of the Environmental Conservation Law (“SEQRA”) and the regulations promulgated by the New York State Department of Environmental Conservation thereunder, which appear at 6 N.Y.C.R.R. Part 617.6(b) (the “SEQRA” Regulations); and

WHEREAS, said application was circulated for review and comments to the Town Engineer, the Planning Department, the Planning Board, the Conservation Board, ABACA, the Fire Prevention Board, the New York State Department of Environmental Conservation (NYS DEC), the New York City Department of Environmental Protection (NYC DEP), and the Westchester County Department of Public Works on July 13, 2004; and

WHEREAS, additional site plans submitted by the applicants were referred to the Environmental Inspector, Planning Department, Town Attorney, Town Board, Town Engineer, Conservation Board, Planning Board, NYC DEP, NYS DEC, the Westchester County Planning Department, and the Westchester County Department of Public Works for review and comments on December 21, 2004; and

WHEREAS, the proposed construction activity will entail cutting and filling of 1000 cubic yards or more of material in wetland and wetland buffer areas subject to Town and State regulation; and

WHEREAS, the Town Board determined that the proposed driveway construction and related cut and fill activity could have considerable detrimental impacts on the wetlands and wetland buffer areas; and

WHEREAS, NYC DEP expressed concern about the potential impacts to water quality due to site work on steep slopes and within wetlands and wetland buffer areas, noting that: (I)~proposed site work requires significant regrading in areas with existing slopes in excess of 15% primarily in soils that exhibit seasonally high groundwater and tend to be poorly to moderately well drained; (ii) groundwater seeps exposed during construction may increase the potential for erosion and downhill sedimentation and may cause failure of excavated slopes; (iii)~ the character of local wetlands and a stream corridor which are located immediately downhill of the proposed driveway may be altered by the proposed action not only due to erosion and sedimentation during construction, but also due to changes to local hydrology after construction and increases in the quantity, velocity and pollutant loading of runoff due to development; and

WHEREAS, the Planning Board advised the Town Board that the property immediately adjacent to the Bose property on the west (the “O'Keefe Property”), which is independently the subject of review for subdivision approval by the Planning Board (the “Arrowhead Subdivision”), has an already existing access driveway or road across the wetland and stream areas which could be utilized by the Boses for accessing their property; and

WHEREAS, the Planning Board advised the Town Board that Boses' use of the already existing access driveway or road on the adjacent O'Keefe Property to access their property would eliminate the need for the new driveway proposed by the Boses; and

WHEREAS, the Town Board determined that the elimination of the new driveway proposed by the Boses would substantially mitigate or eliminate considerable potential detrimental impacts on the wetlands and wetland buffer areas which would likely result from construction of the new driveway; and

WHEREAS, the stated goals, objectives and standards of the Freshwater Wetlands and Watercourse Protection Law call for avoidance of any unnecessary intrusion into, encroachment upon and impairment of the finite and ever dwindling wetland resources in the Town; and

WHEREAS, the Town Board determined that the Boses and the owner of the adjacent O'Keefe Property should negotiate for an easement allowing the Boses to cross the O'Keefe Property to gain access to the new residence which they propose to build on their property; and

WHEREAS, a public hearing was convened by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 1st day of February, 2005 at 8:00 o'clock PM, during which public hearing the applicants presented information and arguments in favor of granting the permits 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; and

WHEREAS, after lengthy negotiations, at a Town Board Work Session on December 13, 2005, the Boses and the owner of the O'Keefe Property advised the Town Board that they would sign an easement agreement, the terms of which they reviewed with the Town Board; and

WHEREAS, on December 15, 2005, the owner of the O'Keefe Property tendered a signed and notarized Access Easement Agreement for signature by the Boses, in accordance with arrangements agreed to at the Town Board Work Session on December 13, 2005; and

WHEREAS, the Boses picked up the Access Easement Agreement but, rather than signing it, instead notified the Town Board and the owner of the O'Keefe Property that they were refusing to sign the agreement because they perceived that its terms would prevent them from seeking to subdivide their property in the future; and

WHEREAS, the adjourned public hearing was reconvened on March 21, 2006, at which time the applicants presented information and arguments in favor of granting the permits 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; and

WHEREAS, during the reconvened public hearing, on March 21, 2006, the Town Board advised the Boses that it had not received all information and documentation needed to complete its SEQRA review and reach a decision on their application; and

WHEREAS, the Town Board advised the Boses what additional information and documentation the Town Board needed to complete its SEQRA review and reach a decision on their application; and

WHEREAS, the Boses, through counsel, thereafter informed that Town Board that they would not furnish any additional information or documentation because they believed that they had supplied all that was required; and

WHEREAS, the Town Board reconvened the adjourned on May 16, 2006, at which time the Boses reiterated their belief that they had supplied all information and documentation that was required and would not be submitting anything more; and

WHEREAS, the Town Board finds that where plausible alternatives to new wetlands incursions exist (e.g., shared use of existing wetlands crossings), the Town's land use planning and environmental conservation professionals have a statutorily mandated responsibility to thoroughly review and analyze those alternatives; and

WHEREAS, the Town Board finds that the applicants have not submitted documentation and information sufficient to analyze the relative impacts of the proposed driveway as compared with the alternative of using an existing crossing; and

anaylsis of potential post-construction downstream flooding in an area where historical flooding has resulted in severe damage, completed design of the proposed bridge with complete engineering analysis, a study demonstrating that there will not be any post-construction change in wetland hydrology as result of wetland crossing, and

WHEREAS, sufficient technical analysis has not been done in order for the Town Board to make a finding that the impacts of development will not affect surrounding and downstream properties; and

Supervisor Cooper called to order a public hearing to consider the application of Jonette Ober for a wetland permit for property located at 2759 Springhurst Street, Yorktown, NY 10598. Described work is fill back slope with clean fill, install retaining wall at bottom of slope to control runoff, fence backyard for safety, and removal of three trees on slope. The Town Clerk presented affidavits of publication and posting.

Mr. Rick Santori, a contractor represented the property owners. He explained that his clients intentions were to fill the back slope of their property with clean fill to make their backyard usable for their young children. The plan was to install a retaining wall at the bottom of the slope to control run-ff and to remove trees on the slope. This work would encroach into the wetlands buffer. Since meeting with Bruce Barber, Yorktown’s Wetlands Consultant and Deputy Town Engineer Jeff Econom, he has abandoned the idea to place a retaining wall on the property. He has been advised that sod would be a better choice to use on the backside of the fence in addition to native wetlands vegetation. Mr. Santori also explained that he will be placing curtain drains around the property and connecting them into an existing town pipe which would carry the water to an existing wetland.

Mr. Bruce Barber stated that he has met with the applicant and their contractor. The pipe that the contractor speaks of is in a town easement and will bring the water down from Springhurst Street to Toni Court and then into a town drainage area. He further explained that this is an area of town where neighbors do have drainage problems. Our stream team will complete a drainage project in this area this coming Sunday. He is satisfied with this plan.

Mr. Larry Cassidy, a resident of 660 Toni Court stated that he was representing himself as well as several neighbors. They in no way want to stop this project. They just want to be reassured that nothing that is proposed will exacerbate their current drainage problems. He is concerned that this new pipe will not be connected to the existing pipe and cause more water to rush down onto his property. He also stated that the previous owner of this property also installed curtain drains but never connected them.

Mr. Barber explained that his plan will help with the existing problems. The new pipe and curtain drains will be tied into existing pipes which will bring the water into existing drainage areas.

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 Campisi.

WHEREAS, the Town Board of the Town of Yorktown has received from Jonette Ober (the “Applicant”) an application for a wetlands permit to allow deposition of approximately 1,000 yards of clean fill in her backyard to create a level yard usable by her children for play activities; and

WHEREAS, said application was circulated for review and comments were received from the Engineering Department, the Conservation Board, the Planning Board and the Environmental Code Inspector; and

WHEREAS, the Applicant has submitted an appropriate Environmental Assessment Form which has been satisfactorily reviewed by the Town’s Environmental Code Inspector and the Conservation Board; and

WHEREAS, a public hearing was convened on the 16^th day of May 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; and

WHEREAS, the Town Board finds that the Applicant’s plans, as revised to incorporate recommendations of the Engineering Department, the Conservation Board, and the Environmental Code Inspector minimize potential environmental impacts; now therefore be it

RESOLVED, the Town Board, as lead agency, has determined that the Proposed Action described above will not have a significant adverse environmental impact and a Draft Impact Statement will not be required; and be it further

4. Drainage is to be installed at least twenty-four to thirty-six inches to collect sheet flow from the newly created less steeply sloping sections of the property which will be connected to the Town drainage system.

6. Adequate drainage as per the Item #2 of the Deputy Town Engineer memo of April 7, 2006 shall be installed. The applicant shall furnish a drainage plan, and erosion and sediment control plan and grading plan which depict the proposed drainage and erosion controls and typical sections to be approved by the Engineering Department prior to the commencement of work.

7. No additional fill shall be brought to the site. The applicant shall use the existing fill as necessary to level the rear yard to the retaining wall. The remaining hillside shall be graded to no greater than a 3:1 slope. Erosion blankets approved by the Town Engineer shall be installed at the base of the slope.

8. The slope shall be totally covered with native grass seed and then planted with not less than one native shrub that is not less than 3 gallons in size for every one hundred square feet of disturbance. A planting containing native grasses and shrubs shall be submitted to and approved by the Town Wetland Consultant, are to be constructed around the remaining trees on the slope as per good landscaping practice in order to preserve the remaining trees.

9. All work including plant installation shall be completed no greater than six months from the date of this permit. An as-built map shall be provided to the Town Board and the Town Wetland Consultant upon completion of planting which accurately depicts plant type and location on the site including preserved trees and area wells. All erosion controls must be maintained during the construction and grow-in period.

10. A bond in the amount of $3,500 shall be posted as a condition of this permit. The bond shall be released when it is verified by the Town Wetland Consultant that there has been no less than 85% survival of plant material shown on the as-built map as measured three years upon town receipt of the as-built map. The owner grants permission to the Town to periodically inspect the plant material to insure compliance.

Supervisor Cooper called to order a public hearing to consider the application of Francesca Samsel for a variance for property located at Hunterbrook Road, Section 47.05, Block 1, Lot 13. The applicant is seeking a variance of the 10% limitation on driveway grades so as to enable the installation of a common driveway serving two lots, portions of which driveway are at a 14% grade. The Town Clerk presented affidavits of posting and publication.

The Planning Board has requested that his client seek a variance of the 10% limitation on driveway grades so as to enable the installation of a common driveway serving two lots, portions of which driveway are at a 14% grade.

A representative of Kellard Engineering which was hired by the applicant showed the Town Board drawings which he said detailed a substantially less disturbance to the land if the grade was at 14% rather than the legislated 10% or even 12%. He further stated that one of the biggest obstacles presented by this property is underground AT&T cable. The entrance to the property complies with all town codes. This proposal also complies with the Fire Marshal’s recommendations.

Mr. Paul Moskowitz, a resident of Hunterbrook Road stated that a 14% grade driveway would be very steep. He stated that during one snowy year, he slipped off his own driveway which is flat. He suggested that maybe this property should not be developed. Or, maybe there could be a compromise for a grade of 12%.

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

WHEREAS, the Yorktown Planning Board currently is reviewing the application of Francesca Samsel (the “Applicant”) for a minor subdivision involving property located at Hunterbrook Road and identified on the tax map of the Town of Yorktown as Section 47.05, Block 1, Lot 13; and

WHEREAS, the Applicant is seeking a variance of the 10% limitation on driveway grades so as to enable the installation of a common driveway serving two lots, portions of which driveway are at a 14% grade; and

WHEREAS, the Yorktown Planning Board has determined that it would be beneficial to grant a variance from the requirements of Chapter 255, Section §255-9 of the Code of the Town of Yorktown so as to enable the installation of a common driveway serving two lots, portions of which driveway are at a 14% grade; and

WHEREAS, a public hearing to consider these requests was convened on the 16^th day of May, 2006 at 7:30 o’clock PM; during which public hearing the applicant presented information and arguments in favor of granting the requested variance 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; and

RESOLVED, that the request of the Yorktown Planning Board for permission 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% is granted.

WHEREAS, a written petition has been duly filed with the Town Board of the Town of Yorktown, Westchester County, New York, in relation to the establishment of a proposed sewer district in said Town, to be known as Suncrest Sewer District (hereinafter, the “Sewer District” or simply, the “District”) together with a map showing the boundaries thereof, a general plan to serve said District, and a report of the proposed method of operation thereof; and

WHEREAS, said map, plan and report, including an estimate of the cost, were prepared by a competent engineer duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof, including estimate of cost; and

WHEREAS, the improvements proposed for said District consist of the construction of a sanitary main of approximately 2,260 linear feet of 8-inch diameter sewer pipe, including original furnishings, equipment, machinery, apparatus and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and

WHEREAS, the proposed method of financing the local share of the cost of said improvements consists of the issuance of $750,000 serial bonds of said Town maturing in annual installments over a period not exceeding forty years; and

WHEREAS, the estimated cost of said District to the typical property therein is approximately $1,498.94 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid; provided, however, that the annual cost will vary significantly from parcel to parcel depending upon assessed valuation and water consumption; and

WHEREAS, a detailed explanation of the manner by which said estimated costs of hook-up fees and first-year costs to the typical property were computed has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and

WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said District and the improvements proposed therefor, all pursuant to Section 209-d of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Yorktown, Westchester County, New York, as follows:

Section 1. A meeting of the Town Board of the Town of Yorktown, Westchester County, New York, shall be held at Mohegan Colony Lake, in Mohegan Lake, New York, in said Town, on the 20th day of June, 2006, at 6:00 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a sewer district in said Town as described in the preambles hereof, to be known as Suncrest Sewer District, and the improvements proposed therefor, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises.

Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in The North County News, the official newspaper of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid.

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 6^th day of June, 2006 at 7:30 o’clock PM, or as soon thereafter as the same can be heard, to consider the application of Schoor DePalma for a wetland permit for property located at 738 East Main Street, Section 16.07, Parcel 1, Lot 37, Shrub Oak. Described work, demolition of an existing abandoned house, construction of a new single-family dwelling and activity in wetland and buffer to construct a new driveway to Town standards.

BE IT RESOLVED, that John Buckley is hereby appointed to the office of Deputy Town Attorney effective May 15, 2006 at an annual salary of $88,228 and be it further resolved that the terms of Mr. Buckley’s employment shall include the following:

John Buckley shall devote his full time and professional attention to his employment by the Town and shall not be permitted to engage in the outside practice of law, except for members of his immediate family, so long as he is serving as Deputy Town Attorney

RESOLVED, that the Town Board authorizes the Town Supervisor to sign a Sewer Easement Agreement with Carmen Fuchs, for the installation of sanitary sewer within the proposed Gomer Street Sewer District.

RESOLVED, that the Town Board authorizes the Town Supervisor to sign a Sewer Easement Agreement with George & Rose Roth, for the installation of sanitary sewer within the proposed Gomer Street Sewer District.

RESOLVED, that the Town Board authorizes the Town Supervisor to sign a Sewer Easement Agreement with Tomnick Realty Corporation, for the installation of sanitary sewer within the proposed Hunterbrook Extension #8 Sewer District.

WHEREAS, the Town of Yorktown herein called the Municipality, has examined and duly considered the applicable laws of the State of New York and the Municipality deems it to be in the public interest and benefit to file an application under these laws; and

1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws fo the State of New York including all understanding and assurances contained in said application is hereby authorized.

2. That the Supervisor is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State;

4. That the Municipality or Municipalities set forth their respective responsibilities by attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project.

RESOLVED that the Deputy Town Attorney is authorized to enter into non-binding negotiations with Sprint Spectrum, L.P. for the lease of space at the Organic Yard Waste Facility for the purpose of constructing and operating a cell tower. The negotiated lease will be subject to the approval of the Town Board.

WHEREAS the Town Board of the Town of Yorktown on October 5, 2005, awarded DeCarvalho Landscaping Services, Inc. the contract to construct Commerce Street, Phase I, including Flagpole Plaza, and