Town of Yorktown, NY - Town Board Minutes 11/21/2006

Regular meeting held by the Town Board,

Town of Yorktown on November 21, 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

Supervisor Linda G. Cooper called the meeting to order. Town Attorney Kevin Sweeny was also present.

PLEDGE OF ALLEGIANCE

Carter Humphrey, a Boy Scout with Troop 164 was asked to lead the salute to the flag.

In honor of our Armed Forces serving in the military in this country and abroad.

Carter Humphrey explained that he along with two other members of his troop were here tonight working on their communications badge. One of the requirements is to learn about their local government.

SENIOR AUTOMOTIVE MECHANIC

PETER LEGLER - CENTRAL GARAGE

Upon motion made from Councilman Bianco, seconded by Councilman Campisi,

BE IT RESOLVED, that Peter Legler is hereby appointed Senior Automotive Mechanic in the Central Garage effective October 17, 2006 to be paid from Yorktown CSEA Salary Schedule A, Group 13, Step 5 which is $61,088 representing no change in salary.

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.

APPOINTMENT ZONING BOARD OF APPEALS

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

BE IT RESOLVED, that Gordon B. Fine be re-appointed as a member of the Zoning Board of Appeals for a five year term expiring on 12/31/11.

BE IT FURTHER REVOLVED that Gordon B. Fine is hereby appointed as Chairman of the Zoning Board of Appeals.

Cooper, Martorano, Campisi, Metz, Voting Aye.

APPOINTMENT ZONING BOARD OF APPEALS

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

BE IT RESOLVED, that Brad Huntington be appointed as a member of the Zoning Board of Appeals for a five year tem expiring 12/31/11.

Cooper, Martorano, Campisi, Metz, Voting Aye.

APPOINTMENT ZONING BOARD OF APPEALS

ANTHONY J. TRIPODI, ALTERNATE

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

BE IT RESOLVED, that Anthony J. Tripodi be appointed as alternate member of the Zoning Board of Appeals for a five year term expiring on 12/31/11.

Cooper, Martorano, Campisi, Metz, Voting Aye.

Councilman Bianco read a prepared statement (a copy of which is on file in the Town Clerks Office) explaining his vote. In the case of the appointment of Mr. Gordon Fine, to the Chairmanship, he states that although he has the highest regard for the applicant and his views are exemplary, he is of counsel to an attorney who regularly appears before the ZBA and while Mr. Fine has always recused himself of votes on matters relating to this attorney, residents may think that a conflict of interest may exist. In the case of the second nay, Councilman Bianco stated that he has always said that he would vote for individuals who view the zoning code in a strict interpretation. Many residents of the Mohegan and Hunterbrook area complained to him that substantial variances have been given in their neighborhoods. He further stated that the agreed with them and would not reappoint individuals who have loosely construed the zoning code.

APPOINTMENT OPEN SPACE COMMITTEE

Upon motion made from Councilman Martorano, seconded by Councilman Bianco,

BE IT RESOLVED, that Larry T. Cassidy be appointed as a member of the Advisory Committee on Open Space for a five year a term expiring on 12/31/09.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

APPOINTMENT PLANNING BOARD

CLIFFORD S. WEBER, ALTERNATE

Upon motion made from Councilman Martorano, seconded by Councilman Bianco,

BE IT RESOLVED, that Clifford S. Weber is hereby appointed as an alternate member of the Planning Board filling an unexpired term expiring 12/31/11.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

APPOINTMENT CONSERVATION BOARD

KATIE WOLFF, STUDENT INTERN

Upon motion made from Councilman Martorano, seconded by Councilman Bianco,

BE IT RESOLVED that Katie Wolff, representing the Yorktown High School Civic Internship Program, is hereby appointed as a member of the Conservation Board for a one year term expiring July 1, 2007.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

APPOINTMENT CONSERVATION BOARD

Upon motion made from Councilman Martorano, seconded by Councilman Bianco,

BE IT RESOLVED that Roberta Van Etten is named Co-Chair of the Conservation Board.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

CONSERVATION BOARD CHAIR

The Town Board accepts with regret the resignation of Conservation Chair Adam Edelstein.

DURING HER REPORT TO TOWN, SUPERVISOR LINDA G. COOPER announced that

last weekend she attended the performance of A Christmas Carol at Yorktown Stage. The musical will also be performed this coming weekend. The Dance Theater of Westchester will perform The Nutcracker at Yorktown Stage on December 9^th and 10^th. The Yorktown Parks and Recreation Department will celebrate the beginning of the holiday season on December 8^th with the annual tree lighting at the Yorktown Community and Cultural Center. The will also be collecting donations for the Yorktown Food Pantry and the Angel Fund which is run by the Beaver Conference Farm.

Adele Hobby, Assistant Curator of the Yorktown Museum and Susan Lane, President of the Friends of the Museum spoke about the upcoming holiday exhibit “Mother Goose and Friends” which will open on Sunday, December 3^rd at 12:30PM.

Mr. James Hackett, Chairman of the Recreation Commission, Joseph Falcone, a member of the Commission and Jennifer Fava, Superintendent of the Yorktown Parks and Recreation Commission spoke about the creation of a barrier free playground at Downing Park. Mr. Hackett stated that the play area will be paid for by private contributions as well as grants. The goal of the Commission is to have this playground complete by the Spring of 2008. It will be dedicated to the memory of Mr. Richard Huffield, a 13 year member of the Commission who passed away earlier this year.

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

Mr. Edward Donovan spoke on the subject of eminent domain whose origins according to Mr. Donovan go back to the Constitution and the Articles of Confederation.

Mr. Joseph DiMichelle spoke about a problem he is having with the Cappelli Organization, the builder of the new Trump development on Barger Street. Mr. DiMichelle stated that he is not happy with where his sewer line has been placed.

Supervisor Cooper stated that the Engineering Department will make inquiries on his behalf with the Cappelli Organization.

COMPREHENSIVE PLAN REZONINGS

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

WHEREAS, on October 18, 2005 the Town Board passed Resolution #393 of 2005 whereby it adopted an updated Comprehensive Plan; and

WHEREAS, the Comprehensive Plan, as adopted, contemplates the rezoning of various parcels of land throughout the Town; and

WHEREAS, the proposed rezonings were included in the scope of the Final Generic Environmental Impact Statement for the Comprehensive Plan, prepared pursuant to the State Environmental Quality Review Act; and

WHEREAS, the first phase of rezonings were implemented simultaneously with the adoption of the Comprehensive Plan; and

WHEREAS, for administrative purposes, the Town Board deferred action on the second phase of rezonings contemplated by the Comprehensive Plan; and

WHEREAS, a proposed local law has been drafted to implement the second phase of rezonings; and

WHEREAS, the proposed local law was submitted for public hearing before the Town Board on June 14, 2006 and October 3, 2006, at which times the public at large was afforded the opportunity to present information and express views concerning the proposed rezonings; and

WHEREAS, the proposed rezonings have been referred to, reviewed by and commented upon by the Westchester County Planning Board in accordance with the requirements of Westchester County Administrative Code Section 277.61 and New York State

General Municipal Law Section 239-m; and

WHEREAS, the Town Board finds it appropriate at this time to implement the second phase of rezonings in furtherance of the Comprehensive Plan; now therefore be it hereby

RESOLVED, that the proposed local law to amend the zoning map of the Town of Yorktown, as attached hereto, is hereby adopted.

Supervisor Cooper Voting Aye

Councilman Martorano Voting Aye

Councilman Bianco Voting Aye

Councilman Metz Voting Aye

Councilman Campisi Voting Aye

Local Law # 14 /2006 was thereupon declared adopted.

PROPOSED LOCAL LAW CHAPTER 300

INCREASING THE FEES CHARGED TO DEVELOPERS

AS A RECREATION REQUIREMENT

Supervisor Cooper open the public hearing to consider a proposed local law increasing the fees charged to developers as a recreation requirement. The Town Clerk presented affidavits of posting and publication.

Mr. James Hackett, Chairman of the Recreation Commission explained that these fees have not been changed since 1990 although the cost of property and recreational equipment has.

Mr. Paul Moskowitz, a resident of Hunterbrook Road stated that he is in agreement with increasing the fees. He further stated that he would be in agreement if the Board increased the fees beyond the proposal.

Mr. DiMichelle, a resident of Shrub Oak complained about the vandalism which has occurred at Shrub Oak Park. He asked if something could be done.

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 #15 AMENDING CHAPTER 300

INCREASING THE FEES CHARGED TO DEVELOPERS

AS A RECREATION REQUIREMENT

Upon motion by Councilman Bianco, seconded by Councilman Martorano,

RESOLVED that Local Law #15 /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 #15/2006 was thereupon declared adopted.

PROPOSED LOCAL LAW AMENDING CHAPTER 275-17

TO RESTRICT SPEED ON BAPTIST CHURCH ROAD

BETWEEN HUNTERBROOK ROAD AND BALDWIN ROAD

Supervisor Cooper open the public hearing to consider a proposed local law to reduce the speed of Traffic on Baptist Church Road to 25mph. The Town Clerk presented affidavits of posting and publication.

Councilman Matthew Metz, head of the Advisory Board on Traffic explained that this proposal is a result of communications from people living on Baptist Church Road who have complained about excessive speed on this narrow country road.

Mr. Robert Mongno, a resident of Baptist Church Road asked if the law was adopted, would the police enforce it?

Councilman Metz stated that the law will be enforced, the police will write tickets.

Ms. Constance Witt, also a resident of Baptist Church Road stated that this was a positive step. But, she said something more serious had to be done. Ms. Witt stated that this is a very dangerous road, there have been many accidents due to the speed of traffic and road conditions. Baptist Church Road is narrow, it is hilly, it is windy and the road rises and falls. She asked that the Board consider placing speed bumps on the road.

Councilman Metz stated that the very nature of the road precludes the placement of speed bumps. We are prohibited from placing them on a roadway with more than a 7% grade.

Mr. Mark Levine, also a resident of Baptist Church Road stated that he agreed with the first two speakers. The proposal should be adopted, and then enforced by the police.

Yorktown Highway Superintendent Eric DiBartolo stated that his department may be able to place rumble strips on the lines of this road. He suggested that the Traffic Committee call a meeting of the homeowners to consider this proposal.

Ms. Witt also commented that people exiting the Taconic Parkway at Baldwin Road speed through the stop sign.

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 # 16 AMENDING CHAPTER 275-17

TO RESTRICT SPEED ON BAPTIST CHURCH ROAD

BETWEEN HUNTERBROOK ROAD AND BALDWIN ROAD

Upon motion by Councilman Bianco, seconded by Councilman Martorano,

RESOLVED that Local Law # 16 /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 # 16 /2006 was thereupon declared adopted.

2007 PROPOSED BUDGET

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

NOTICE IS HEREBY GIVEN that the preliminary budget of the Town of Yorktown, Westchester County, NY for the fiscal year beginning January 1st, 2007 has been completed and filed in the office of the Town Clerk of the said Town at the Town Hall, 363 Underhill Avenue in Yorktown Heights, in the said Town where it is available for inspection by any interested person during regular office hours of the Town Clerk beginning November 28, 2006.

FURTHER NOTICE IS HEREBY GIVEN that the Town Board of said Town of Yorktown will meet and hold a public hearing thereon at the Town Hall, 363 Underhill Avenue, in the said Town, on the 6^th day of December, 2006 at 7:00 o'clock PM, or as soon thereafter as the same can be heard, and that at such hearing any person may be heard in favor of or against the preliminary budget as compiled for or against any items therein contained, and

FURTHER NOTICE IS HEREBY GIVEN pursuant to Section 108 of the Town Law that the following are proposed yearly salaries of Town offices of this Town, to wit:

Supervisor - $108,305.00

Councilman (4) - $17,473.00

Town Clerk - $78,741.00

Superintendent of Highways - $104,000.00

Town Justice - $27,956.00

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

PROPOSED LOCAL LAW AMENDING THE CODE

RELATING TO FEES CHARGED TO DEVELOPERS

IN ACCESSORY DWELLINGS

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

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 on Tuesday, December 19, 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 Section §300-38 “Accessory Dwelling Units in Single Family Homes” of Chapter 300 of the Code of the Town of Yorktown, by amending certain conditions under which accessory dwelling units can exist in a single family home.

A copy of the proposal 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 as aforesaid.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

REFERRAL PROPOSED LOCAL LAW

LIMITING THE TOWN BOARD’S POWER OF EMINENT DOMAIN

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

NOTICE IS HEREBY GIVEN, that a referral for a proposed local law with regards to Eminent Domain will be distributed and available to the public for review.

Cooper, Martorano, Campisi, Metz, Bianco voting aye.

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

WHEREAS the following bids were received on Monday, November 13, 2006 for a 2008 F350 4X4.

1. Pleasantville Ford $35,439.56

2. Westchester Tractor, Inc. No Bid

RESOLVED, that upon the recommendation of the Highway Superintendent Eric DiBartolo, the bid be and is hereby awarded to Pleasantville Ford for a 2008 F350 4X4 in the amount of $35,439.56.

Cooper, Martorano, Campisi, Metz, Bianco voting aye.

AUTHORIZE SUPERVISOR TO SIGN

CONTRACT WITH SULLIVAN DATA

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

Resolved, the Town Supervisor is hereby authorized to renew the existing contract with Sullivan Data with no increases for a total of $37,492.00.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

RELEASE EXCAVATION PERMIT BOND

REDO - #E-057-06-PINE BROOK

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

WHEREAS, Marjorie Reda, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 account on September 8, 2006, to serve as the Erosion Control Bond for Excavation Permit #E-057-06, for work performed at Pine Brook Court, 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 Marjorie Reda, 1495 Pine Brook Court, Yorktown Heights, NY 10598.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

RELEASE EXCAVATION PERMIT BOND

CROWN DELTA SITE PLAN - #E-073-04- FRONT STREET

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

WHEREAS, Victor Solarik, as applicant, provided the Town with Check No. 34321, in the amount of $1,200.00 to serve as the Performance Bond for the Crown Delta Site Plan, for work being performed on Front Street, and

WHEREAS, Victor Solarik, as applicant, provided the Town with Check No. 34319, in the amount of $5,000.00, to serve as the Erosion Control Bond for the Crown Delta Site Plan, 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 above referenced bonds may be released, NOW THEREFORE BE IT

RESOLVED, that Check No.’s 34321 & 34319, are hereby released to the Crown Delta Corporation, c/o Mr. Victor Solarik,1550 Front Street, Yorktown Heights, NY 10598.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

RELEASE WETLAND PERMIT BOND

MOFFETT - #WP-030-06- SUSAN COURT

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

WHEREAS, Edward Moffett, as applicant, heretofore filed an Erosion Control Bond in the amount of $300.00, which was deposited into the T33 account on June 23, 2006, to serve as the Erosion Control Bond for Wetland Permit #WP-030-06, for work performed at his Susan Court residence, and

RESOLVED, that the above-described Erosion Control Bond in the amount of $300.00 be and is hereby released to Mr. Edward Moffett, 2420 Susan Court, Yorktown Heights, NY 10598.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

RELEASE WETLAND PERMIT BOND

CONTE-#WE-110-04-JOURNEY’S END ROAD

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

WHEREAS, Linda Conte, as applicant, heretofore filed an Erosion Control Bond in the sum of $500.00, which was deposited into the T33 account on October 22, 2004, to serve as the Erosion Control Bond for Wetland Permit #WP-110-04, for work performed at her Journey’s End 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 $500.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $500.00 be and is hereby released to Linda Conte, 1420 Journey’s End Road, Croton-on-Hudson, NY 10520.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

RELEASE WETLAND PERMIT BOND

CANADY-WP#053-06- CHRISTINE ROAD

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,

WHEREAS, Milo Canady, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 Account on October 31, 2006, covering Wetland Permit #053-06, for work performed at 1393 Christine Road, and

RESOLVED, that the above-described Erosion Control Bond in the amount of $300.00 be and is hereby released to Mr. Milo Canady, 1393 Christine Road, Mohegan Lake, NY 10547.

Cooper, Martorano, Campisi, Metz, Bianco Voting Aye.

RELEASE WETLAND PERMIT BOND

RINDONE - #WP-026-06- SALEM ROAD

Upon motion made from Councilman Martorano, seconded by Councilman Campisi,