Regular meeting held by the Town Board,
Town of Yorktown on October 17, 2006 held at
the John C. Hart Memorial Library, Shrub Oak, NY
Present: Linda G. Cooper, Supervisor
James Martorano, Councilman
Nicholas Bianco, Councilman
Matthew Metz, Councilman
Louis Campisi, Councilman
Alice E. Roker, Town Clerk
TOWN BOARD MEETING
Supervisor Linda G. Cooper called the meeting to order. Town Attorney Kevin Sweeny was also present.
MOMENT OF SILENCE
In honor of our Armed Forces serving in the military.
PROCLAMATION
Supervisor cooper read the following:
WHEREAS the Town of Yorktown proudly joins the County of Westchester in fighting the War on Drugs; and
WHEREAS as an expression of our solidarity in fighting drug use in Westchester County, the Town of Yorktown supports the Yorktown School District’s Consortium for Community Education and P.S. We Care in recognizing "October is Substance Abuse Awareness Month;" and
WHEREAS the Town of Yorktown joins Westchester County in observing the 2006 National Red Ribbon Campaign, which has become the symbol to eliminate the demand for drugs in our country and demonstrates a commitment to a healthy, drug-free lifestyle; and
WHEREAS the Town of Yorktown will demonstrate its commitment to a drug-free lifestyle by observing this week with appropriate programs, ceremonies or activities and will encourage residents and employees to wear red ribbons during the week of October 22 through October 29, 2006.
NOW, THEREFORE BE IT PROCLAIMED that the Town Board of the Town of Yorktown does hereby recognize "October is Substance Abuse Awareness Month;" and
BE IT FURTHER PROCLAIMED that the Town of Yorktown does hereby proclaim October 22 to October 29, 2006 as
“RED RIBBON WEEK”
and encourages all citizens to participate in drug education and prevention activities to demonstrate support for our strong commitment to a drug-free Westchester.
DURING HER REPORT TO THE TOWN, Supervisor Linda G. Cooper reminded residents to make sure their addresses are posted outside of their homes. The Annual Halloween Parade gets underway at 4:00PM on Saturday, October 28th at Rexall Park. Yorktown’s Parks and Recreation Department’s Great Goblin Contest is underway. There will also be festivities at the Hilltop Hanover Farm on Saturday, October 28th. Westchester County’s Household Cleanup Days are October 27th and 28th at FDR Park in Yorktown. There will also be a workshop on Erosion and Sediment Control at the Westchester County Center in December.
DURING HIS REPORT TO THE TOWN, Yorktown Highway Superintendent Eric DiBartolo reported that he has placed speed tables on Quinlan Street. He stated that more than 5,000 cars drive this road daily. His office has received numerous complaints regarding speeding. Since the beginning of the year, there have already been four rollovers due to excessive speed. While some people may not like these tables, he is responsible for the safety of all residents and believes if these tables prevent just one accident, then he has done his job. Speed tables do not act like speed bumps. If you are driving the posted speed limit, chances are you will not even feel them.
Councilman Bianco stated that his only concern is that the Highway Superintendent did not discuss this with the neighbors before they were installed.
Mr. DiBartolo stated that for the first time in his career with the Highway Department, people living along Quinlan Street were coming out of their homes and providing food to his men as they worked on these speed tables. One person told him that they would not send their children outside to get the mail because of the speed and the number of accidents on the road.
Councilman Metz explained the difference between these speed tables and the speed bumps on Allan Avenue. It was the Traffic Committee intention to take traffic off of Allan Avenue, so we added speed bumps to that roadway. We do not want to take traffic off of Quinlan Street. The intent here is only to reduce the speed. The Traffic Committee will discuss this at our meeting tomorrow night.
Supervisor Cooper announced that the next televised meeting of the Town Board will not take place until November 21st due to Election Day. There will be a service commemorating Veterans Day on November 11th at 11:00AM outside Town Hall. There will also be commemorative services at the Gazebo in Shrub Oak. She also reminded residents that Election Day is Tuesday, November 7th.
DURING COURTESY OF THE FLOOR, the following people addressed the Town Board:
Mr. Howard Frank commended Highway Superintendent Eric DiBartolo for the work his department has done throughout the Town including its paving efforts. But, he stated that the sewer manhole covers need to have a ring around them.
Mrs. Grace Roma stated that on her way to the Library this evening, she drove down Quinlan Street and didn’t feel a thing. She believes the Highway Superintendent needs to be commended for his efforts in trying to alleviate traffic hazards. She suggested that instead of beating up the Highway Superintendent, these people need to be educated about how to drive.
Mr. George Lewis explained that two weeks ago he returned home and found a police officer removing a sign off his property. He was told by the officer that the Town adopted new legislation making signs illegal. Mr. Lewis asked to see the law because the Town Clerk told him that no new legislation was adopted by the Town Board concerning signs. He further stated that if a new law had been adopted, the Town Board should have notified everyone of this new law before you sent a police officer on private property.
Mrs. Theresa Rehfeld stated that she lives on a private road and is selling her home. The only way you know a house is for sale on this roadway is to have a sign at the corner, which is property she owns. Mrs. Rehfeld further stated that the police removed all of the house numbers on her road. She was also told a new law had been passed. When she went to the Police Department to retrieve her signs, she was told in order to get them back, she would have to pay a fine. But, the officer was not sure how much.
Ms. Pat Canero stated that she is a Real Estate Agent and is here tonight with three colleagues. They have all had signs removed announcing open houses. These signs represent their livelihood. Unfortunately, they were not aware of the sign law. Ms. Canero stated that she would like to participate in any discussion the Town may have to change the law.
Highway Superintendent DiBartolo explained how the manhole issue which Mr. Frank spoke about will be handled in the future. His department will be using new equipment.
Town Attorney Kevin Sweeny explained how the police department became involved in enforcing the sign ordinance
Councilman Campisi said it was his opinion that the Police Department is doing this because they do not want to enforce this law.
Councilman Martorano disagreed with Councilman Campisi.
Councilman Metz stated that he believes the directive to the police department has been misinterpreted and that the Town Board would resolve this issue.
PUBLIC HEARING
AMEND WATER RATES
PINES BRIDGE ROAD WATER DISTRICT
Supervisor Cooper open the public hearing to consider amending Chapter 280, § 280-31.E of the Code of the Town of Yorktown with regards to water rates in the Pines Bridge Water District. The Town Clerk presented affidavits of posting and publication.
Supervisor Cooper explained that this law only impacts residents who live on Adams Road, Possum Road and two homes on Pinesbridge Road. Their water is purchased by the water district from the Town of New Castle and more expensive than water purchased through New York City.
Mr. Howard Frank stated that he supports this proposal. But, believes that the people who pay for water through the Consolidated Water District should be better informed of what is going on. He says each year the Town puts out a Annual Report, but he says it has boiler plate information. Mr. Frank said if these people are getting water from New Castle, then they should be paying the same rate as the people in the Kitchawan Water District who receive water from New Castle.
Mrs. Grace Roma stated that she recently received her water bill and the amount has almost doubled.
Councilman Campisi told Mrs. Roma they would address her water bill issue during Courtesy of the Floor at the end of the meeting. This is a public hearing on the issue of the cost of water for people in the Pinesbridge Water District.
Responding to the question posed by Mrs. Roma, the Supervisor stated that during last year’s budget hearings the Town Board agreed to raise the cost of water.
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 #11
AMEND WATER RATES
PINES BRIDGE ROAD WATER DISTRICT
RESOLUTION # 447
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS a public hearing was held on the 17th day of October, 2006 pursuant to notice duly published as required by law to consider a proposed Local Law amending Chapter 280, § 280-31.E of the Code of the Town of Yorktown is hereby amended by adding a new subparagraph “(7)”, as follows:
(7) Consumers whose water is purchased by the water district from the Town of New Castle.
The water furnished to certain consumers by the water district is purchased by the water district from the Town of New Castle, pursuant to the terms of a water supply agreement entitled “Pines Bridge Water Supply Agreement” (hereinafter the “Agreement”). The cost of the watered pursuant to the Agreement (hereinafter, the “New Castle Water Cost”) as of January 2006 is factored into the computation of the water rate schedule set forth herein. Increases in the New Castle Water Cost shall be passed through to the consumer on an annual basis. Accordingly, the rate schedule for those consumers within the water district whose properties are supplied with water purchased from the Town of New Castle shall be the same as for consumers in the Kitchawan Water District, as set forth in subparagraph “D” of this section, as the same shall be adjusted from time to time for increases and decreases in the cost of New Castle water. The rate for consumers within the district of 3,000,000 or more
gallons of water per billing period shall be $9.24 per every 1,000 gallons of water or part thereof.
RESOLVED that Local Law # 11/2006 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 martorano Voting Aye
Councilman Bianco Voting Aye
Councilman Metz Voting Aye
Councilman Campisi Voting Aye
Local Law # 11/2006 was thereupon declared adopted.
PUBLIC HEARING
AMEND FRESHWATER WETLANDS AND WATERCOURSE
PROTECTION LAW TO PROVIDE FOR ESTABLISHMENT
OF ESCROW ACCOUNTS FOR PAYMENT OF FEES
TO PROFESSIONAL CONSULTANTS
Supervisor Cooper open the public hearing to consider amending Chapter 178-10 of the Code of the Town of Yorktown with regards to Freshwater Wetlands and Watercourse Protection to provide for the Establishment of Escrow Accounts for Payment of fees to Professional Consultants.
The Town Clerk presented affidavits of posting and publication.
Supervisor Cooper explained the purpose of this law stating that people come before various boards requesting permits will pay for the use of our consultants. An escrow account will have to be established by an applicant. The fee would be based upon the type of service, i.e. monitoring, inspection, etc.
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 #12
AMEND FRESHWATER WETLANDS AND WATERCOURSE
PROTECTION LAW TO PROVIDE FOR ESTABLISHMENT
OF ESCROW ACCOUNTS FOR PAYMENT OF FEES
TO PROFESSIONAL CONSULTANTS
RESOLUTION # 448
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS a public hearing was held on the 17th day of October, 2006 pursuant to notice duly published as required by law to consider amending Chapter 178-10 of the Code of the Town of Yorktown with regards to Freshwater Wetlands and Watercourse Protection to provide for the Establishment of Escrow Accounts for Payment of fees to Professional Consultants.
RESOLVED that Local Law #12 /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 martorano Voting Aye
Councilman Bianco Voting Aye
Councilman Metz Voting Aye
Councilman Campisi Voting Aye
Local Law # 12/2006 was thereupon declared adopted.
PUBLIC HEARING
AMEND FRESHWATER WETLANDS AND WATERCOURSE
PROTECTION LAW TO PROVIDE CLARIFICATION
WITH RESPECT TO ADMINISTRATIVE PERMITS
Supervisor Cooper open the public hearing to consider amending Chapter 178 of the Code of the Town of Yorktown with regards to Freshwater Wetlands and Watercourse Protection to provide for Clarification with respect to Administrative Permits. The Town Clerk presented affidavits of posting and publication.
Yorktown Environmental Officer Bruce Barber stated that this proposal will streamline the process by which many wetland permits are given out. The threshold of disturbance by which an administrative permit can be approved goes from 100 to 300 cubic feet.
Mr. Howard Frank stated these changes need to be communicated to the Building Department.
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 #13
AMEND FRESHWATER WETLANDS AND WATERCOURSE
PROTECTION LAW TO PROVIDE CLARIFICATION
WITH RESPECT TO ADMINISTRATIVE PERMITS
RESOLUTION # 449
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS a public hearing was held on the 17th day of October, 2006 pursuant to notice duly published as required by law to consider amending Chapter 178 of the Code of the Town of Yorktown with regards to Freshwater Wetlands and Watercourse Protection to provide for Clarification with respect to Administrative Permits. The Town Clerk presented affidavits of posting and publication.
RESOLVED that Local Law #13 /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 martorano Voting Aye
Councilman Bianco Voting Aye
Councilman Metz Voting Aye
Councilman Campisi Voting Aye
Local Law # 13/2006 was thereupon declared adopted.
IMPLEMENT CHAPTER 178
SECTION 178-10.B(3)
RESOLUTION # 450
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, Section 178-10.B(3) of the Code of the town of Yorktown provides that “an application fee in an amount set forth in the fee schedule established by resolution of the Town Board from time to time”, and
WHEREAS, the Town Board deems it appropriate to establish the appropriate application fee schedule, and
WHEREAS, the Town Board also deems it appropriate to establish certain procedures with respect to the processing of applications for administrative wetlands permits; now therefore be it hereby,
RESOLVED, that the resolution annexed hereto, be and is hereby adopted.
Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
REJECT BID FOR
2007 F350 4X4
HIGHWAY DEPARTMENT
RESOLUTION # 451
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, bids were received and opened on Tuesday, October 10, 2006 for a 2007 F350 4X4 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York 10598, and
WHEREAS, two bids were received, neither meeting the criteria set forth in the bid documents, Now therefore be it,
RESOLVED, that upon the recommendation of the Highway Superintendent all bids be rejected.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
ADVERTISE TO BID
2008 F350 4X4
HIGHWAY DEPARTMENT
RESOLUTION # 452
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
NOTICE IS HEREBY GIVEN, that sealed proposals will be received by the Town Clerk. Town of Yorktown, Westchester County, NY until 10:00 AM on Monday, November 13, 2006 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for a 2008 F350 4X4.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted
APPOINTMENT
OFFICE ASSISTANT AUTOMATED SYSTEMS
RAMONA SENIK - TOWN CLERK’S OFFICE
RESOLUTION #453
Upon motion made from Councilman Martorano, seconded by Councilman Campisi,
BE IT RESOLVED, that Ramona Senik is hereby appointed Office Assistant Automated Systems from eligible list No. 02-402 effective October 23, 2006 to be paid from Yorktown CSEA Salary schedule A-1, Group 8, Step 1 which is $42,001 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, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
APPOINTMENT ASSISTANT PARK FOREMAN
DOMINIC MONOPOLI
PARKS AND RECREATION DEPARTMENT
RESOLUTION #454
Upon motion made from Councilman Martorano, seconded by Councilman Campisi,
BE IT RESOLVED, that Dominic Monopoli is hereby appointed Assistant Park Foreman effective October 16, 2006 to be paid from Yorktown CSEA Salary Schedule A, Group 13, Step 5 which is $61,068 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, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
AUTHORIZE SUPERVISOR TO SIGN
SEWER EASEMENT AGREEMENT
LASALLE BANK NATIONAL ASSOCIATION
COZZI PROPERTY - GOMER STREET SWER DISTRICT
RESOLUTION #455
Upon motion made from Councilman Martorano, seconded by Councilman Campisi,
RESOLVED, that the Town Board authorizes the Town Supervisor to sign a Sewer Easement Agreement with LaSalle Bank National Association (fka: Cozzi), for the installation of sanitary sewer within the proposed Gomer Street Sewer District.
Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
RELEASE WETLANDS BOND
SAFFER - WP-028-05
RESOLUTION #456
Upon motion made from Councilman Martorano, seconded by Councilman Campisi,
WHEREAS, Joanne Saffer, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 account on June 10, 2005, to serve as the Erosion Control Bond for Wetland Permit #WP-028-05, for work performed on Nutley Circle, 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 Joanne Saffer, 3270 Nutley Circle, Yorktown Heights, NY 10598.
Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
RELEASE WETLANDS BOND
TANGERMAN - WP-053-02
RESOLUTION #457
Upon motion made from Councilman Martorano, seconded by Councilman Campisi,
WHEREAS, Peter Tangerman, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 account on October 17, 2002, to serve as the Erosion Control Bond for Wetland Permit #WP-053-02, for work performed at his Field Street residence, 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. Peter Tangerman, 2506 Field Street, Cortlandt Manor, NY 10567.
Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
AMEND RESOLUTION
VARIOUS CHEMICALS BID FOR CALGON E POLY E-Z
RESOLUTION #458
Upon motion made from Councilman Martorano, seconded by Councilman Campisi,
WHEREAS, Bids were received by the Town Clerk on Monday September 18, 2006, for the above-referenced project. The bid price for the Calgon Poly-E-Z was incorrectly awarded based on the price per pound of polymer and not on the price per dry ton, as required by the bid specifications.
RESOLVED, that the bid award resolution for the Calgon Poly -E-Z be amended as follows:
CHEMICAL |
NAME OF BIDDER |
AMOUNT BID |
Calgon Poly-E-Z 6500
|
Nalco Company Coyne Chemical, Inc. |
$11.175 per dry ton $14.82 per dry ton |
FURTHER RESOLVED, that the bid for Calgone Poly-E-Z, be awarded to Nalco Company, Inc, the low bidder, at a cost of $11.175 per dry ton.
Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
REFUND DUPLICATE TAX PAYMENTS
RESOLUTION # 459
Upon motion made by Councilman Bianco, seconded by Councilman Campisi,
RESOLVED, that records of the Receiver of Taxes indicate that the following duplicate payments were made:
Tax & Year Property Amount Refund to:
2006 Sch. 22 36.11-1-33 $3,256.87 LandAmerica Tax & Flood
4910 Rivergrade Road
Bld. 550, 3rd Floor, Ste. 301
Irwindale, CA 91706
2006 Town/Cty 15.20-1-26-58-2 $1,652.62 Select Portofolio Servicing
P.O. Box 70369
Passadena, CA 91117
Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.
Resolution adopted
MONTHLY REPORTS
Building Department - Permit Cost Report
DURING COURTESY OF THE FLOOR, the following people addressed the Board:
Mr. Edward Killeen stated that the site of this meeting, the John C. Hart Memorial Library is a tremendous asset to the Town of Yorktown. He was happy that the Town was addressing
quality of life issues such as noise and signs. He supports having political signs on public and private property. But, he agrees that there are some sign problems particularly as it pertains to commercial property owners.
Mrs. Grace Roma stated that the sign law should be amended giving residents a set time in which the permit can go up and then must be taken down. She stated that residents or political candidates who violate this law should be fined.
Mr. Howard, a member of the United Taxpayers of Yorktown stated that his group is attempting to find out why the Town is losing water. Last year, the Town reported a loss of 242 million gallons of water. He stated that he believes some of this water is going to back washing filters at the plant and if this is true, than New York City should be giving the Town a refund of its money.
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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