Work Session meeting held by the Town Board,
Town of Yorktown on October 24, 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 Labor Counsel.
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.
GRAFFITI LEGISLATION
Police Chief Daniel McMahon was present to review with the Board a draft of the Graffiti Legislation.
Councilman Martorano asked Chief McMahon the difference between this proposal and the penal law. Chief McMahon stated that under this proposal, the owner of the affected property is under a deadline to remove the graffiti.
Councilman Martorano stated that he does not want to victimize the victim, and would never support this legislation. Councilmen Metz and Campisi agreed that they too would not support this legislation.
Chief McMahon explained that he has met with the Chamber of Commerce and received their support for this legislation.
The three councilmen stated that they did not want this legislation brought up again.
RESIGNATION
DEPUTY COMPTROLLER- ARDITH ORR
Supervisor Cooper accepted the resignation of Deputy Comptroller ARDITH Orr effective the close of business, November 9, 2006 with regret.
CARRY OVER VACATION TIME
JOSEPH HUGHS - BUILDING DEPARTMENT
RESOLUTION # 460
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
BE IT RESOLVED, that Joseph Hughs is hereby authorized to carry over 24 hours vacation days into 2007 to be used in 2007.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
CARRY OVER VACATION TIME
OLIVER REILLY - DEPARTMENT OF
ENVIRONMENTAL CONSERVATION
RESOLUTION #461
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
BE IT RESOLVED, that Oliver Reilly is hereby authorized to carry over 17 vacation days into 2007 to be used in 2007.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted
YORKTOWN POLICE BENEVOLENT ASSOCIATION
AGREEMENT WITH TOWN
RESOLUTION # 462
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
BE IT RESOLVED, that the Town Board hereby approves the memorandum of Agreement between the Town of Yorktown and the Yorktown Police Benevolent Association dated October 23, 2006 covering the period from January 1, 2006 through December 31, 2006.
BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to execute a collective bargaining agreement for the period from January 1, 2006 through December 31, 2006 that is consistent with the terms of the memorandum of Agreement.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
TUITION COSTS REIMBURSEMENT
OFFICER TOM NADORASKI - POLICE DEPARTMENT
RESOLUTION # 463
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
BE IT RESOLVED, that the Town Board authorizes the Town Comptroller to pay tuition costs totaling $799.00 to Police Officer Tom Nadoraski.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
COMPENSATION AGREEMENT PLEA BARGAINING
TOWN ATTORNEY KEVIN SWEENEY
DEPUTY TOWN ATTORNEY JOHN BUCKLEY
RESOLUTION # 464
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, the New York State Police have unilaterally implemented a policy pursuant to which they will no longer participate in any plea bargaining connected with prosecution of Vehicle and Traffic Law infractions; and
WHEREAS, THE Town Board finds that it is necessary and appropriate to obtain the services of attorneys to undertake the task of plea bargaining formerly performed by State Police Officers; now therefore be it hereby
RESOLVED, that the supervisor is authorized and directed to enter into an agreement with attorneys Kevin P. SWEENEY and John W. Buckley to undertake the task for plea bargaining formerly performed by Sate Police Officers on a per diem basis; and be it further
RESOLVED, compensation shall be paid to each attorney at the rate of $500 per diem; not to exceed twenty-four (24) days over next six months without the consent of the Board.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
PROPERTY MAINTENANCE
LEGISLATION
Councilman Nicholas Bianco reviewed with the Board a revised draft legislation with regards to Property Maintenance.
Tree Maintenance - Several Councilman stated that although there had been some changes to this proposal since the initial draft, the Building Inspector is not comfortable with his department having to determine what state a tree is in. They are not arborists. There was also discussion concerning whether this statute would increase the town’s liability issues. A decision was made that this proposal would be tabled.
PROPOSED HANDICAPPED
ACCESSIBLE PLAYGROUND
Parks and Recreation Superintendent Jen Fava and Parks and Recreation Commission Chair Jim Hackett were present to review with the Board a proposed handicapped accessible playground which would be located at Downing Park.
The Town Board was pleased with the proposal. The Park, where disabled and able body children will be able to play will cost approximately $300,000. The Commission would like to dedicate to the memory of Richard Huffield, a former Commissioner who worked on this park until his death earlier this year. The Commission will help form a Friends of the Yorktown Parks Committee, a 501C3 Corporation and begin funding raising. Once the committee is established, the Town Board will issue a resolution of support for this proposal.
CHANGE IN RECREATION FEES
Parks and Recreation Superintendent Jen Fava was present to review with the Board a request a change in the recreation fees charged in development applications.
The fees have not been changed in at least fifteen years. The Board discussed several methods that could be used to determine the appropriate recreation fee, including using a percentage of the lot price as the fee. The final proposal discussed by the Board was to increase the fees from $2,000.00 and $5,0000.00 to $4,000.00 and $10,000.00.
SET PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING CHAPTER 300
TO CHANGE INCREASING THE FEES CHARGED TO
DEVELOPERS AS A RECREATION REQUIREMENT
RESOLUTION# 465
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
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, NY on the 21st day of November, 2006 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider the adoption of a proposed Local Law amending Chapter 300 -22 D 1, increasing the fees charged to developers as a recreation requirement.
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. You may also visit Yorktown’s website www.yorktownny.org click on Legal Department page and go to Legislation.
All person in interest and citizens may be heard at the public hearing to be held as aforesaid.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
AMENDMENT AGREEMENT
WESTCHESTER COUNTY - LEGACY BALLFIELD
RESOLUTION # 466
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
RESOLVED, that the Town Board authorizes the Town Supervisor to sign an amendment with Westchester County to the Legacy Ballfield Agreement.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
EXERCISE OPTION TO RENEW OIL BID
ALMEIDA OIL COMPANY
RESOLUTION # 467
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
RESOLVED, that the Supervisor is authorized to sign an authorizing letter to exercise the option to renew the oil bid for the calender year of 2007 with Almeida Oil Company, for Oil deliveries and burner service at Town facilities.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
RELEASE RETAINAGE
COMMISSIONER OF LABOR OF THE STATE OF NEW YORK
URBAN SUBURBAN RECREATION, INC.
RESOLUTION # 468
Upon motion made by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, Urban Suburban Recreation, Inc. Completed all of the swimming pool/site construction as part of the Junior Lake Pool Modernization Project; and
WHEREAS, the Town withheld $120,080.90 as retainage; and
WHEREAS, the Town has been instructed by the New York State Department of Labor that a total of $228,802.42 is to be paid to the New York State Department of Labor; now
therefore be it
RESOLVED, that the remaining retainage in the amount of $120,080.90 is hereby released to the Commissioner of Labor of the State of New York Department of Labor, W. Averil Harriman State Office Building Campus, Albany, NY 12240-0001.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
FINAL MAP rezoning
Planning Director John Tegeder was present to review with the Board a draft map of proposed raisins.
The Town Board reviewed Mr. Tegeder’s proposed changes, and agreed to some and said no to others.
Kevin Sweeney will write the resolution for the final rezoning to be voted on at the November 21st Board Meeting.
CORRECTION OF ERROR
OCTOBER, 2005 COMPREHENSIVE PLAN
Town Attorney Kevin Sweeney was present to discuss with the Board an error which was made in the October, 2005 adoption of the Comprehensive Plan.
Mr. Sweeney stated that the petitioner is not incorrect.
Mr. Tegeder, the Planning Director stated that this may not be the only property with the same issue, we used the Town’s tax maps as a basis for making certain determinations.
The Board agreed that the property owner should go to the ZBA and request relief.
LOCAL LAW CONCERNING EMINENT DOMAIN
Councilman Nicholas Bianco discussed with the Board proposed legislation limiting Town from exercising eminent domain for commercial purposes.
The Town Attorney will incorporate some suggested changes to the proposal. I t will be placed on the November 21st agenda for referral.
WORKERS COMPENSATION INSURANCE
Bob Spadaccia presented the Town Board with the annual review.
AUTHORIZE SUPERVISOR TO SIGN
IMA WITH WESTCHESTER COUNTY - GARBAGE AND RECYCLEABLES
RESOLUTION # 468A
Upon motion made by councilman Martorano, seconded by Councilman Bianco,
RESOLVED, that the Supervisor is hereby authorized to enter into a inter-municipal agreement between the County of Westchester and the Town of Yorktown for the Town’s disposal of Municipally Collected Solid Waste for Members of Refuse Disposal District #1 for a term commencing upon execution of the contract and expiring on October 21, 2009.
Cooper, Martorano, Campisi, Metz, Bianco voting aye.
Resolution adopted.
TOWN BOARD MEETING AGENDA
The Board discussed the November 21, 2006 Town Board meeting agenda.
EXECUTIVE SESSION
Councilman Bianco moved, seconded by Councilman Campisi to move into Executive Session to discuss workers compensation.
Councilman Bianco moved, seconded by Councilman Campisi to move out of Executive Session.
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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