Town of Yorktown, NY - Town Board Minutes 08/15/2006

Regular meeting held by the Town Board,

Town of Yorktown on August 15, 2006 held at

the Town Hall, Yorktown Heights, NY

Present: Linda G. Cooper, Supervisor

Nicholas Bianco, Councilman

Matthew Metz, Councilman

Alice E. Roker, Town Clerk

Absent: James Martorano, Councilman

Louis Campisi, Councilman

Supervisor Cooper called the meeting to order.

USE OF EMINENT DOMAIN BY THE GOVERNMENT

Mr. David Wilkes, Esq., a member of the law firm Huff and Wilkes and New York State Assemblyman Adam Bradley spoke about the effect last year’s Supreme Court Decision Kelo vs. the City of New London. Mr. Wilkes was appointed to a New York State Bar Association’s special task force on eminent domain reform. The task force was formed as a direct result of the Supreme Court Decision. It is Mr. Wilkes opinion that legally, nothing changed as a result of Kelo vs. New London. The Supreme Court reaffirmed a Legislature’s right to use eminent domain. This power was given to legislatures by our country’s forefather’s more than hundred years ago. Mr. Wilkes commission recommended making procedural changes including the time in which a property owner has to respond. The current law gives the property owner 30 days to mount a defense. Assemblyman Bradley stated that he has introduced legislation that among other things would insure that the property owner received just compensation. The value of the property should be based on similar structures in the same area and he further believes the property owner should have the right to a jury trial.

The residents who addressed the Board were Edward Donovan who stated that the local government should follow President Bush’s lead. Only use eminent domain for public purposes, not economic development.

Mrs. Rosemarie Panio read from prepared remarks (a copy of which is on file in the Town Clerk’s Office) urging the Town to enact new legislation prohibiting the use of eminent domain by the government for economic development.

Mr. Paul Moskowitz also asked for new legislation prohibiting the taking of property and turning it over to a private developer.

Mr. Nick DiTomasso renewed his request for the Town Board to sign his People’s Personal Property Rights Pledge which states that the Town Board would not use eminent domain for economic purposes.

DURING HER REPORT TO THE TOWN, Supervisor Linda G. Cooper stated that residents of Yorktown will be sent STAR refund checks by October 31^st. Residents living in the Yorktown Central School District will receive approximately $450. Those living in the Ossining School District will receive approximately $551 and Lakeland School District residents will receive approximately $450. The Supervisor also stated that Governor Pataki has released $5.8 million to be used by local municipalities for water quality projects. The Town of Yorktown will receive $72,500 for a phosphorus reduction project.

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

Mrs. Joan Valenstein a member of the Yorktown Alcohol and Drug Coalition now called the Alliance For Safe Kids gave an update on their progress and plans for the future. She stated that the program’s coordinator Katherine Adler is responsible for much of their success.

Linda Miller, asked the members of the Town Board to continue to pressure New York State’s Department of Environmental Conservation to change the rules regarding the Town of Yorktown’s SPEDES permit so that people living in the Hallock’s Mill Sewer District who are living without sewers can get sewers. Mrs. Miller also asked her neighbors to help themselves by writing letters to Emily Lloyd, the State Commissioner.

Mrs. Linda Clemenza stated that she is a member of the United Taxpayers of Yorktown and takes exception to remarks by the Supervisor at a previous meeting concerning the group.

Mr. Howard Frank renewed his request that the Town of Yorktown ask the Public Service Commission to investigate why the Town of Yorktown was charged more than $42,000 to run cable for the Water District.

Mr. William Stachowiak stated that the County Legislator recently denied the Town’s request to include this two lot sub-division in the Peekskill Sanitary Sewer District. He asked for the Board’s help in changing that decision.

Mr. Sam Cohen, a representative of the Ben Shuldiner campaign asked or clarification of the Town’s policy regarding political signs on public property.

Councilman Bianco stated that political signs on public property are prohibited.

Mr. Edward Donovan responding to the call for new legislation regarding eminent domain again stated that we should follow the President’s lead and enforce the laws that are already on the books.

WALTER AND JOANNE MOGROVEJO

EXCAVATION PERMIT TO RESTORE PROPERTY

Councilman Metz stated that he will recuse himself from this public hearing because he presented the applicant on a closing.

Supervisor Cooper explained that because Councilman Metz has to recuse himself, she cannot officially open this public hearing. The public hearing will take place at September 5, 2006. She and Councilman Bianco will listen to anyone who would like to speak to this application for an Excavation Permit to restore property located at 2575 Colonial Street, Yorktown Heights, New York 10598 where more than fifty trees were removed. The plan is to restore the runoff characteristics of the property to its pre-disturbance condition. The plan also includes appropriate mitigation measures.

Bruce Barber stated that he has met with the applicant’s Environmental Consultant, Stephen Coleman and has come up with a plan which he believes addresses all of the problems as a result of the tree cutting. The plan also addresses concerns raised by neighbors including having to cope with additional light and sound.

Mr. Coleman explained portions of the plan; 5 Norway large spruce (12-14 feet) will be planted in front of existing trees in the southwestern corner, 14 native trees and 13 shrubs will be spread out the previously cleared area. The ground layer will be over-seeded with an upland native wildflower and grass seed mix. Once established, the plants should further stabilize the soil and provide an attractive ground cover.

Mrs. Clemenza asked how long it would take these trees to grow. She further stated that she was concerned about the stumps which are still on the property and their effect on drainage in the area if they are removed.

Dr. Hoegler said it was his opinion that these 4 inch trees are too small. He also expressed concerned over an area of the property which is overgrown and could be a hazard for drivers in the area. He also spoke about trees which he stated were owned by the Town and also cut down.

Mr. Barber has spoken to the Highway Superintendent who states that no town trees were cut down.

Mr. Robert Wolff, a resident of Waverly Road also expressed concern about the size of the trees and the fact that he believes trees belonging to the Town of Yorktown were cut down.

Mr. Steve Cangelosi stated that he has aerial pictures which confirm that the trees which were 40 foot sugar maples belonged to the Town.

PUBLIC HEARING - PROPOSED LOCAL LAW

CREATE CHAPTER 12 - RESTRICTING THE ASSIGNMENT OF BONDS

Supervisor Cooper called to order a public hearing to consider a proposed Local Law adding Chapter 12 of the Code of the Town of Yorktown to restrict Assignment of Performance Bonds and other Bonds. The Town Clerk presented affidavits of printing and publication.

Supervisor Cooper explained that developers routinely hand in bonds for a variety of things, including landscape, performance and wetlands bonds. If their project is sold off, the bonds are sold with the project. This proposal would require that each time a property changes hands, the original bond holder takes his bond back, and the new property owner puts up a new bond.

LOCAL LAW #8 OF 2006

CREATE CHAPTER 12 - RESTRICTING THE ASSIGNMENT OF BONDS

Upon motion by Councilman Bianco, seconded by Councilman Metz,

WHEREAS a public hearing was held on the 15th day of August, 2006 pursuant to notice duly published as required by law to consider a proposed Local Law adding Chapter 12 of the Code of the Town of Yorktown to restrict Assignment of Performance Bonds and other Bonds. now therefore be it

RESOLVED that Local Law #8/2006 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 Bianco Voting Aye

Councilman Metz Voting Aye

Local Law #8/2006 was thereupon declared adopted.

ADVERTISE PROPOSED LOCAL LAW

AMENDING CHAPTER 225

PROPERTY MAINTENANCE RESPONSIBILITIES

Upon motion by Councilman Bianco, seconded by Councilman Metz,

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 15^TH day of August, 2006, or as soon thereafter as the same can be heard, to consider a proposed Local Law amending Chapter 225 to clarify the property maintenance responsibilities of property owners.

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.

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

Cooper, Bianco, Metz voting aye

SECTION 8 ANNUAL PLAN

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

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 on the 5^th day of September, 2006 at 7:30 o’clock PM, or as soon thereafter as the same can be heard, for the Section 8 Rental Assistance Program Annual PHA Plan for the Fiscal Year 2007.

A copy of the proposal is on file in the Office of the Town Clerk as well as the Yorktown Section 8 Office where it may be inspected during regular office hours.

Any questions pertaining to this proposal, please contact the Yorktown Section 8 Office at (914) 962-5757.

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

Cooper, Bianco, Metz voting aye

ADVERTISE PUBLIC HEARING

CHAPTER 300 - CHANGES/ADDITIONS

ADDING BANKS AS A MAIN USE IN OFFICE DISTRICTS

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

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 5th day of September, 2006 at 7:30 o'clock PM, or as soon thereafter the same can be heard, to amend the Zoning Code of the Town of Yorktown.

The proposal includes adding banks as a main use in office districts; removing bed and breakfast establishments as a permitted main use in a Country Commercial District and adding in day care as a permitted use in C3 and C4 requiring a special permit. Also, a clarification in the C2-R district; Section 300-21 (10)(a) (2) residential apartments, provided that each apartment is limited to two bedrooms per unit, no more than 1,000 sq. feet per unit and above a first floor commercial use.

A copy of the proposed local law is on file in the Office of the Town Clerk where it 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, Bianco, Metz voting aye

ADVERTISE PUBLIC HEARING

AMENDING CHAPTER 216 RELATING TO NOISE

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

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 on the 19^th day of September, 2006 at 7:30 o’clock PM, or as soon thereafter as the same can be heard, to consider a proposed local law deleting Chapter 216, Section 216-2 of the Code of the Town of Yorktown and creating a new noise ordinance hereby known as Chapter 203.

A copy of the proposed local law is on file in the Office of the Town Clerk where it may be inspected during regular office hours.

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

Cooper, Bianco, Metz voting aye

WATER POLLUTION CONTROL PLANT

Upon motion by Councilman Bianco, seconded by Councilman Metz,

NOTICE IS HEREBY GIVEN, that 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, September 18, 2006, for Various Chemicals for the Yorktown Heights Sewage Treatment Plant, Bid #06-5.

Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.

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, Bianco, Metz voting aye

SLUDGE AND GREASE DISPOSAL

SEWAGE TRANSPORT FOR THE

WATER POLLUTION CONTROL PLANT

Upon motion by Councilman Bianco, seconded by Councilman Metz,

NOTICE IS HEREBY GIVEN, that 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, September 18, 2006, for Sludge Removal at the Yorktown Heights Sewage Treatment Plant, Bid #06-6.

Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.

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

Cooper, Bianco, Metz voting aye

DEPUTY TOWN ENGINEER - JEFF ECONOM

The Town Board accepted with regret the resignation of Deputy Town Engineer Jeff Econom.

PERMANENT APPOINTMENT

COMMUNITY SERVICE WORKER/ANIMAL WARDEN

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

BE IT RESOLVED, that Christine Barber is hereby appointed Community Service Worker/Animal Warden effective August 15, 2006 from Eligible List No. 68-165

to be paid from Yorktown CSEA Salary Schedule A-1, Group 8, Step 4 which is $49,303 annually, representing no change in salary.

Cooper, Bianco, Metz voting aye

PERMANENT APPOINTMENT

LIBRARY CLERK - DEBORAH SARNO

Upon motion made by councilman Bianco, seconded by Councilman Metz,

BE IT RESOLVED, that Deborah Sarno is hereby appointed Library Clerk from Eligible List No. 02-100 effective August 21, 2006 to be paid from CSEA Salary Schedule A, Group 4, Step 1 which is $33,357 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, Bianco, Metz voting aye

FAMILY AND MEDICAL LEAVE

Upon motion made by Councilman Bianco, seconded Councilman Metz,

BE IT RESOLVED, that Fran Perito is hereby placed on Family and Medical Leave effective August 7, 2006 for 12 weeks.

Cooper, Bianco, Metz voting aye

FAMILY AND MEDICAL LEAVE

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

BE IT RESOLVED, that Oliver Reilly’s absence is designated Family and Medical Leave effective June 19, 2006.

Cooper, Bianco, Metz voting aye

UNPAID LEAVE OF ABSENCE

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

BE IT RESOLVED, that George Kristoferson is hereby granted an unpaid leave of absence for the period of July 21, 2006 through October 13, 2006.

Cooper, Bianco, Metz voting aye

AWARD BID - DEPART OF ENVIRONMENTAL CONSERVATION

60,000 BIODEGRADABLE LEAF SACKS

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

WHEREAS, invitation to bid for 60,000 biodegradable leaf sacks for use by the Environmental Conservation Department, was duly advertised, and

WHEREAS said bids were received and opened on the 14^th day of August, 2006, with the bid amounts as follows:

The bids are as follows: Unit Price Total Price

1. Dano Enterprises, Inc. $274.00/M $16,440.00

2. Ace Bag & Burlap Co., Inc. $273.24 $16,394.40

RESOLVED, that upon the recommendation of the Superintendent of Environmental Conservation, the bid be and is hereby awarded to Ace Bag & Burlap Co., Inc., the low bidder.

Cooper, Bianco, Metz voting aye

AUTHORIZE SUPERVISOR TO SIGN

SEWER EASEMENT AGREEMENT

JOHN AND PATRICIA VASSALLO - GOMER STREET

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

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

Cooper, Bianco, Metz voting aye

WETLAND BOND RELEASE

ERICKSON- GRANITE SPRINGS ROAD

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

WHEREAS, Douglas Erickson, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 Account on May 5, 2006, covering Wetland Permit #011-06, for work performed at 54 Granite Springs Road, 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. Douglas Erickson, 54 Granite Springs Road, Yorktown Heights, NY 10598.

Cooper, Bianco, Metz voting aye

AUTHORIZE JEFFERSON VILLAGE

DRAINAGE PROJECT FUNDING

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

Whereas, the Town Board requested the Highway Superintendent perform drainage work at Jefferson Village, and

Whereas, the Highway Superintendent has requested the Town Board designate this project as a capital project, now

Therefore Be It Resolved, that the Jefferson Village Drainage Project is hereby authorized in the amount of $50,000 to be funded from the General Fund fund balance.

Cooper, Bianco, Metz voting aye

AUTHORIZE INCREASE IN FUNDS FOR

ROUTE 118 TURN LANE CAPITAL PROJECT

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

Whereas, the Route 118 Turn Lane Capital Project was authorized in 2004, and

Whereas, multiple necessary changes have increased the estimated expenditures, and

Whereas, upon the Highway Superintendent’s review of the job expenses, now,

Therefore Be It Resolved, the route 118 Turn Lane Capital Project authorization shall now be increased $450,000, with the source of funds being both the General Fund fund Balance and any State Aid available.

Cooper, Bianco, Metz voting aye

RELEASE STREET OPENING PERMIT

Upon motion by Councilman Bianco, seconded by Councilman Metz,

RESOLVED, that upon recommendation of the Superintendent of Highways authorization is hereby given for the release of the following:

Type of Permit Amount Refund to

Street Opening #005-007 $ 1,000.00 Serg Inc.

1680 Crawford Road 35 Brett Road

005-10 Carmel, NY 10512

Cooper, Bianco, Metz voting aye

RELEASE OF DRIVEWAY OPENING PERMIT

SERG INC. / CROWN DELTA CORP.

Upon motion by Councilman Bianco, seconded by Councilman Metz,

RESOLVED, that upon recommendation of the Superintendent of Highways authorization is hereby given for the release of the following:

Type of Permit Amount Refund to

Release Driveway Opening Permit $500.00 Serg Inc.

1680 Crawford Road 35 Brett Road

DR1144 Carmel, NY 10512

Release Driveway Opening Permit $500.00 Crown Delta Corp.

Front Street 1550 front Street

DR1139 Yorktown Heights, NY 10598

Cooper, Bianco, Metz voting aye

AUTHORIZE SUPERVISOR TO SIGN

AGREEMENT WITH STUDENT ASSISTANCE SERVICES

FOR COMMUNITY COALITION COORDINATOR

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

RESOLVED, that the Supervisor is hereby authorized to sign an agreement with Student Assistance Services Corp. For a coalition coordinator working to prevent juvenile alcohol and drug use.

Cooper, Bianco, Metz voting aye

Upon motion by Councilman Bianco, seconded by Councilman Metz,

RESOLVED, that records of the Receiver of Taxes indicate that the following duplicate payments were made:

Tax & Year Property Amount Refund to:

2006 Town/Cty 25.12-2-16 $3,674.36 Flagstar Bank

5151 Corporate drive

2005 Sch. 22 48.07-3-6 $2,225.28 Citimortgage

Gaithersburg, MD 20898-9444

2005 Sch. 21 25.08-2-56 $ 682. 37 Citimortgage

Rochester, NY 14692-9991

2005 Sch. 22 37.19-2-66 $2,774.04 Chase Home Finance, LLC

C/O First American R. E. Tax Services