Environmental Issues (Miscellaneous)


Issues discussed on this page include:
DEC Estuary Grant
Conservation Board Newsletter
Conservation Easements
Mayor's Climate Control Agreement (and other energy conservation issues)
Excavation Permits
Environmental Code Officer
Recycling
Solar Energy
Stormwater Regulatory Issues
Oil spill/Spillway Rd.
Pesticides on town owned property
Phosphorus in fertilizer
Junior Lake

Energy Action Consortium
Miscellaneous issues

See also the following specific pages that also discuss environmental issues: Wetlands Issues , Tree Removal , Sparkle Lake Revitalization

Except as noted, the following summaries are for Town Board meetings.

DEC Estuary Grant
January 22, 2008 (work session)
Leading the discussion was Lorraine DeSisto, Assistant Planner.
In 2004 the town applied for and received a grant from the DEC to do a biodiversity study. Grant was handled by Linda Cooper and Bruce Barber and did not go through the Planning Department. The project would cost $67,000, $30,000 of which would come from DEC. Town would have to come up with remaining funds.

Nothing has been done since grant was awarded and it will expire in may, 2009. DEC now wants to know if town wants to pursue the study. The town kept putting off doing anything, in part, because it was also considering a separate multi-town biodiversity grant which the town eventually decided not to participate in because it would only have covered selected parcels in Yorktown.

Board members were concerned about two issues:
1) does town have the money to pay its share? DeSisto which check with town comptroller.
2) what areas will be covered? Given controversy over earlier proposed biodiversity study, board wanted to make sure that the entire town was covered this time.

Metz questioned whether an additional study of this type was necessary considering the fact that the town recently did a master plan update and rezoning which would have considered these types of issues.

Martorano felt that looking into these issues was important.

The town already has a proposal to do the study from Stearns & Wheler but there was some concern over exactly what it would cover, whether it would actually "walk" some sites, and if so, in what parts of town, and whether there could be "added ons" that would eventually lead to a higher cost. (this has happened before – although when/where/how was not specified). If comptroller says money is available, then board might consider bringing in Stearns and Wheeler for more discussion about scope of study.

February 26, 2008 Work Session
Assistant Planner Lorraine DeSisto informed the board that the town's comptroller, Joan Goldberg, has said that funds were available for the required $30,000 town match for the grant.

Representatives from Sterns and Wheler (a landscape architect, biologist and wildlife specialist) discussed their August, 2007 proposal and answered questions from the board as to what they would study, in what parts of town and what the end product of the study would be.

In general, the company was proposing a broader study than just “biodiversity” that would examine plant and animal species in an area. Instead they were proposing to look at critical environmental factors that could guide the town in its land use planning, including issues related to steep slopes, soils, wetlands, regulatory issues, flood plains and other restrictions on land use. As part of their presentation they showed a series of maps that had already been created by other agencies that identified environmentally critical areas using a variety of factors.

Councilman Bianco was critical of an earlier biodiversity study that only looked at the southern part of town (south of Route 202) and wanted to make sure that any new study included the entire town. He noted that even though the northern part of town was already developed, there were still significant environmental issues, including wildlife, that should be considered. The consultant concurred that there can be biodiversity and endangered species in developed areas. Bianco disagreed with the thinking that “misery loves company” and that it made no sense to study the already developed northern part of town. He told the consultants the he was interested in “scientific facts, not conclusions” and that he wanted the study to give the town new information not already covered in the comprehensive plan review. He also was not interested in having the company study the town's existing land use regulations.

Councilman Martorano also expressed concern about the environmental impacts on the entire town. He wanted the study to identify “tools, weapons and ammunition” that the town could use to critique a plan, preserve the environment and enable the town to say “no” to a developer.

The Sterns & Wheler representatives assured the board that the study would include the whole town although they cautioned that they could not do site visits to private property.

Councilman Metz said he was concerned that the study would cover what the town had already covered in its comprehensive plan review and wanted to know what would be different in the new study. Councilman Campisi was also concerned about the timing of the study as it related to the work now being done to redo the comp plan. Planning Director John Tegeder said that the comp plan was more of a “broad brush” study that did not go into the same environmental issues in as great a detail so that a new study would not duplicate what the town already had but would build on its existing knowledge base and would be compatible with the plan.

The board was also concerned that there be a cap on the cost of the study as the town was not looking to go over the $60,000 figure.

No final decisions were made and it appeared that Sterns & Wheler would review the board's comments and come back with a revised proposal.

Conservation Board Newsletter
January 22, 2008 (work session)
The group proposes to send out a newsletter to all residents approximately 2x a year.

Campisi was concerned about the cost. It was explained that the money was in the group's budget. He also wanted to see the contents before it was sent out. (Peters appeared to be the only one who had seen contents so far.) There was some discussion about where on newsletter the names of the town board members should be.

Conservation Easements
Planning Board, January 28, 2008 work session
See Yorktown Realty Associates

Excavation Permits
Horlacher Excavation Permit
Planning Board Work Session, February 11, 2008
Location: 2773 Strang Blvd., Yorktown Heights
Contact: Stuart Horlacher, applicant
Description: A referral from the Town Board regarding the proposed removal of a portion of a hill in applicant's backyard

Mr. Horlacher is seeking a permit to remove 500 cu. yd. of a hill in his backyard to improve drainage. The Planning Board found no planning issues and deferred to the Conservation Advisory Board and the Engineering Department.

Town Board, March 11, 2008 work session
The board set April 1, 2008 for a public hearing on the permit application.

Town Board, April 1, 2008
The public hearing was canceled as it was determined that the application could be handled on an administrative level by the Town Engineer.

LeGrand Excavation Permit
Sec 59.14 Blk 1 Lot 28
Location: 712 Saw Mill River Road at Birdsall Drive
Contact: LeGrand Yorktown, LLC
Description: Spreading of dirt on a lot from excavation adjacent lot in excess of 10,000 SF.

August 18, 2008, Planning Board work session
Referral from Town Board
This site is at the corner of Birdsall Dr. and Route 129. The owner was issued a stop work order for illegally cutting trees and filling a wetland. Mr. Giordano maintained that such illegal activity was not being punished aggressively enough to be a deterrent and suggested the Planning Board recommend that the Town Board grant this excavation permit only on the condition that the damaged area be restored. Planning Board Attorney Wagner said this was legal, so the Planning Board asked Mr. Tegeder to consult with absent chair Klaus to draft such a recommendation.

August 19, 2008, Town Board
A public hearing was held on the application for an excavation permi. In a related issue, the board also discussed the interrelated issue of an amend site plan. The two issues were discussed separately.

The public hearing on the excavation permit involved work already done on the site without a permit which resulted in the town's environmental code inspector issuing a “stop work order.”

The applicant explained that he had gotten approval from the Planning Board to build a garage. He assumed that since he had the approval, he did not have to go back to the board when he wanted to expand the size of the garage and so he “innocently” started excavating on the site, and, in the process, spread the excavated on the adjoining property, changing the grade, which he was in the process of acquiring but did not yet own. He said he was 4-5 days away from closing and had a signed contract to purchase the property.

The board adjourned the public hearing pending the receipt of additional information and a site plan that shows what has been done on the site. The town will compare the new site plan with earlier resource maps that the town has on file to try to determine the extent of the work that has already been done. There was some question as to whether a portion of the site was a wetland or in a wetland buffer. It was noted that the NYC DEP was not happy with the excavation that had already taken place (the site is across from the reservoir) and that it wanted to be notified of any future public meetings on the issue. The Conservation Board expressed concern over the need for erosion control measures and an adjoining neighbor informed the town engineer that because of the grade changes, he was experiencing runoff problems on his property.

On the related site plan issue, the board approved the amended site plan for the larger garage without any discussion.

Environmental Code Inspector
February 19, 2008
The town accepted the resignationn of Bruce Barber as the Environmental Code Inspector. Barber will continue to be available to the town as a consultant on environmental issues. Councilman Bianco announced that the town is accepting applications for the position.

April 22, 2008 work session
In closed session, interviews were held for the position of Environmental Code Inspector.

July 1, 2008
The board hired Michael Dubovsky as the town's part time Environmental Code Inspector. He will work 16 hours per week and will not receive benefits. Mr. Bianco, who served as the town's first environmental code inspector, noted that only two applicants had applied for the job and that both had little or no experience in environmental issues although Mr. Dubovsky had taken an environmental course (or coursed, it was not clear) at Rutgers University. While acknowledging Mr. Dubovsky's limited experience, board members praised his integrity (he was known to board members as he previously worked for a firm that did work for the town) and felt that he would be able to avail himself of other resources in the town. They speculated that one of the reasons why there were so few applicants might have been the lack of benefits.

October 21, 2008
The board rescinded the appointment of Michael Dubovsky as Environmental Code Enforcement Officer and authorized the supervisor to enter in a Contractor Agreement with Mr. Dubovsky to provide the same service for an annual fee of $20,726 for 16 hours of work per week.

In response to a question from Susan Siegel (the person writing this summary) about why the original civil service appointment was rescinded, Supervisor Peters explained that Mr. Dubovsky did not have the required college credits. He said he did not know if the second person who had been originally interviewed for the job along with Mr. Dubovsky had the required credits.

Recycling Meeting
February 19 , 2008
Paul Moskowitz of the organization Green Yorktown announced a meeting about recycling on March 28th at 7pm in town hall. More information is available at greenyorktown.org

Mayors Climate Control Agreement & Other Energy Conservation Issues
February 19, 2008
The board voted to reaffirm and sign the Mayors Climate Control Agreement that pledges that the town will undertake initiatives to reduce the town's 1990 level of carbon dioxide emissions (both the town government and the town as a whole) by 7% by 2012. The board had voted to support the Compact in April, 2007 but had never officially signed it.

Almost 1,000 municipalities across the United States have already signed the Agreement. Yorktown will be the first northern Westchester town to have signed it.

To implement its Green Agenda, Supervisor Peters reported that the town has switched to energy efficient light bulbs and is looking into the use of hybrid, diesel or biodiesel vehicles. It is also in the process of forming a Tree Conservation Advisory Board. Councilman Martorano said that the town had to think in new ways such as how to save open space and plant more trees, not just about what gets built.

Paul Moskowitz of Green Yorktown praised town employees for taking the lead in implementing measures that would reduce carbon emissions.
The group Green Yorktown will be holding a meeting on Friday, February 29th at 7pm at Town Hall to discuss various green related transportation issues.

April 15, 2008
George Klein of the Hudson Valley chapter of the Sierra Club presented the town with an award in recognition of the town's signing of the Mayor's Climate Protection Agreement. He was followed by a member of Green Yorktown who detailed some of the town's recent initiatives designed to reduce global warming. More information is available at www.greenyorktown.org.

June 9, 2008, Planning Board work session
Paul Moskowitz, Patty Peckham and Jerry Roebuck of Green Yorktown discussed ways the Planning Board could get involved in the process of reducing carbon emissions in Yorktown.

Lorraine DeSisto of the Planning Department is already using software supplied by the Mayor's project to calculate the town's carbon footprint so that it can determine, in the future, how much it has been able to reduce emissions.

Mr. Klaus indicated that the board can encourage applicants to incorporate "green" ideas into their projects but that in the absence of legislation it could not require any carbon reducing measures. He suggested that the impact of landscaping on carbon emissions could be considered when reviewing site plans.

It was suggested that Green Yorktown work with ABACCA and the Conservation Advisory Board to determine if any new legislation might be recommended.

September 2, 2008
Energy Forum
Paul Moskowitz of Green Yorktown announced a forum on home energy issues scheduled for September 18th at 7:30 pm in town hall.

December 2, 2008
NYSEG Forum
Paul Moskowitz of Green Yorktown announced a meeting to explain homeowner options relating to choices they can make regarding their NYSEG service. The meeting is scheduled for December 9th at 6:30 pm at the John C. Hart Library in Shrub Oak.

February 3, 2009
Paul Moskowitz of Green Yorktown announced a series of three meetings on environmental issues.
Feb 5th (subject to change or location): Low carbon diet for your home
Feb 27th: Climate chanage and vanishing wildlife habitat
March 11th: Impact of climate change on human health

The meetings are at 7:30 at town hall.

February 10, 2009, work session
Proposed Energy Advisory Board
Brendan Tully, vice chairman of the Democratic Town Committee and Paul Moskowitz and Jerry Robock of Green Yorktown presented a proposal to establish a new Energy Advisory Board that would act as a central clearinghouse for energy issues. Mr. Tully explained that the board would act independent of Green Yorktown and could help advise the town on how to get energy initiatives done and also help develop an energy master plan. Mr. Moskowitz said that Green Yorktown was mostly an educational organization that has been sponsoring forums.

While board members were supportive of the group's goals, they suggested that it would not be necessary to create a formal board which would slow down the process as it would require the town board to interview and appoint prospective members. Instead of creating a board, they said they would support the creation of an Energy Advisory Committee and then let the founders select their own members as they knew who the most likely potential members would be. Councilman Bianco added that the town would put the new committee on its referral list so that as energy related issues arose, they could be referred to the group for comment.

While the board was ready to vote on a resolution creating the committee, Mr. Moskowitz suggested that the vote be delayed until next week when the board's regular meeting would be televised.

February 17, 2009
The board approved the creation of the committee as discussed at its previous work session. Brendan Tully, one of the initiators of the idea, said that he would be reaching out to various stakeholders in the community to interest them in having a representative on the new committee. He has already spoken to the president of the Chamber of Commerce.

June 16, 2009
During Courtesy of the Floor, County Legislator Michael Kaplowitz informed the board that at its August 4th meeting, a representative of NYSERDA (NYS Energy Research Development Authority) would talk about available grants for homeowners and businesses for energy related improvements to their property.

He also informed the board that Con Ed will be participating in a pilot energy usage reduction program involving 20,000 residential properties. The program is currently waiting for approval from the PSC. He added that is trying to get NYSEG to participate in the program.

June 23, 2009, work session
Energy Grants
Without any discussion, the board approved a resolution authorizing the supervisor to sign an IMA (Intermunicipal Agreement) with the Northern Westchester Energy Action Coalition for the purpose of creating intergovernmental relations councils regarding energy efficiency.

In response to a question from the audience, a member of the town's Energy Advisory Board explained that the town was submitting a proposal for $151,000 worth of energy saving related projects (federal stimulus funds) including solar panels, and energy audit and a green bathroom. He added that by joining with other municipalities, Yorktown would be able to tap into additional funds for energy related projects.

September 8, 2009, work session
Members of the Energy Advisory Committee, led by chairman Jerry Robach, gave the board an update on the status of the energy grant that the town had submitted in April. (The money is part of the federal stimulus program.) After an initial review by the Department of Energy, the town's initial request for $178,000 was reduced to $158,000 and so some modifications in the proposal have been made and will be resubmitted to the agency. Yorktown qualified for the $158,000 based on population and the money became available as long as the town submitted an application with appropriate projects. The Committee hopes to have the funds in hand to begin the project by the end of Sept.

The projects are mostly small projects designed to identify areas where the town could reduce energy usage, such as energy audits and a project to maximize daylight lighting at the library; some demonstration projects such as the green comfort station at the Railroad Park and solar panels at the library; educational programs; and the installation of bike racks which will include a design competition involving BOCES students and which will dove tail with the bike path that goes through town.

In response to Councilmen Jim Martorano and Lou Campisi's questions about the availability of future funds to pay for implementing some of the measures, Mr. Robach explained that there were several available programs that the town should be able to tap to implement the recommendations.

In response to committee member Patty Pecham's suggestion that it might be advisable for the committee to meet with department heads in order to identify projects that they had in mind, Town Clerk Alice Roker said that she would bring the issue up at the next meeting of department heads.

The board thanked the committee for its work.

October 13, 2009, work session
The Energy Advisory Committee recommended that its chairman, Jerry Robach be hired as the energy consultant that is one of the projects included in the town's $158,000 energy grant. Also, that Mr. Robach be put in charge of overseeing the implementation of each of the energy projects to be funded by the grant. The grant application stipulates that the project manager get between 10%-20% of the project cost. The committee said Mr. Robach should get 10%.

Although Assistant Planner Lorraine DeSisto said that because the position would fall under the “professional services” category, an RFP was not required, Councilman Lou Campisi said that there was a “perception” problem and that the position should be opened up to others. After Mr. Robach said that there was no time sensitive issue for rushing to make the appointment, Town Clerk Alice Roker said she would advertise the opening at next week's board meeting.

August 4, 2009
NYSERDA Energy Audit Program

County Legislator Michael Kaplowitz and Elyssa Rothe, the Westchester/Bronx coordinator for the New York State Energy Research and Development Authority (NYSERDA) explained an available energy audit program that could help homeowners reduce their energy bills by reducing energy consumption.

The audit costs $400 but Westchester County is hoping that some or all of that cost can be offset by federal stimulus money that it has applied for. Also, NYSERDA has a program that will pay for between 5% to 100% of the cost of implementing the projects recommended in the audit, depending on income.

Residents interested in learning more about the program, and getting on a waiting list for the county funds that could pay for the audit should call Mr. Kaplowitz's office, 914-995-2848

In a related energy issue, Vishnu Patel asked the board for an update on a $19,000 town solar project. No information was provided.

Also, during Courtesy of the Floor, Howard Frank advised residents that they could reduce their energy bills without an audit by looking at certain basic issues themselves such as their hot water usage.

August 11, 2009, work session
NYSERDA Energy Grant
The board authorized the supervisor to apply for a NYSERDA Energy Conservation Study grant, not to exceed $30,000, and which will be fully funded by NSYSERDA. The study is designed to reduce municipal energy usage.

Solar Energy
April 15, 2008
Supervisor Peters announced that through the efforts of State Senator Vinnie Liebell, the town will receive a $90,000 grant to install a solar energy system in Town Hall. No details about the grant were provided.

June 24, 2008, work session
Following up on an earlier suggestion by members of Green Yorktown, the board considered whether or not to eliminate or reduce the cost of obtaining a building permit for the installation of solar panels or wind systems used to generate electricity. The goal of the reduction or elimination would be to provide an incentive for homeowners to make such installations.

Building inspector Bill Gregory explained that the cost of the permit was a sliding scale that was based on the cost of the construction. In response to questions from the board, he estimated that maybe he has gotten one or two such applications a year. (Jerry Roebuck, a member of Green Yorktown, told the board he had recently installed a solar water heater at a cost of about $7,000 and paid a $180 permit fee.)

Initially Councilman Martorano suggested that the fee be eliminated entirely but eventually the board seemed more inclined to consider a 50% reduction. The board directed town attorney John Buckely to draft a local law which would be subject to a public hearing.

Joseph DeSisto of Amazon Rd asked the board if the reduction could also include special insulated wall panels designed to reduce energy consumption. The board decided, however, to limit the fee reduction to just solar and wind installations.

September 23, 2008, work session
The board reviewed the draft of legislation that would permit a 50% reduction in building permit fees for the installation of solar enhancements in existing single family residences. The legislation was an outgrowth of an earlier suggestion by a resident.

After some discussion, the board decided to revise the legislation to include all existing residential and commercial structures. New construction was excluded because building permit fees for those structures are based on the total construction cost of the project which would include any solar enhancements.

Once the draft legislation has been revised, it will be reviewed again and advertised for a public hearing.

Supervisor Don Peters raised the issue of setting up an expedited inspection process for new energy efficient homes but Building Inspector Bill Gregory pointed out that that would require more staff and actually higher building permit fees to compensate for the expedited process. The board decided not to consider the idea.

October 21, 2008
The board approved the 50% reduction in building permit fees for solar improvements. There were some public comments suggesting that the term “solar improvements” needed to be more carefully defined, but the board decided that that question of what was eligible for the reduced fee should be left to the discretion of the building
inspector.

Stormwater Regulatory Issues
(Croton Kensico Watershed Intermunicipal Agreement)
May 27, 2008, work session
The board voted to sign an IMA (Intermunicipal Agreement) to join other towns in the Croton and Kensico watersheds to form a coalition to study the feasibility of creating a regional entity to undertake stormwater control measures needed to comply with DEC requirements. The initial study would be funded by outside sources and would not require any town funds.

December 2, 2008
The board approved a contract with Cornerstone Associates to provide stormwater control services for a two year period at a cost of $72,000 annually. The Supervisor Peters noted that the contract represented a savings of more than 50% over the previous $150,000 contract with the engineering firm of Stearns and Wheeler. (Note: The stormwater plan is a requirement of the NYS Department of Environmental Conservation. Cornerstones, aka Bruce Barber, also serves as the town's environmental consultant; those services are provided under a different arrangement.)

February 17, 2009
Stormwater Phosphorus Reduction grant
The board voted on a resolution dealing with a stormwater phosphorus reduction grant it had received in 2006 but did not provide any details about the grant. At the pre-session meeting, Supervisor Peters explained that if the board did not take action it would have lost the grant. Acting Town Engineer Sharon Robinson explained that the town's matching share of $72,500 could be met by applying work that the town had already done.

March 3, 2009
Stormwater Management Plan

Bruce Barber, the consultant handling the town's current Stormwater Management Plan, gave a brief presentation of the plan which will be posted in a few days on the town's web site, www.yorktownny.org. The plan, which is required by the DEC, is a blueprint that includes three elements.
1) continuing measures to control stormwater runoff
2) how the town will meet new DEC stormwater requirements
3) how the town will meet the heightened stormwater requirements for that portion of the town that lies in the Croton watershed.

During Courtesy of the Floor, two residents from the Mohegan Lake area talked about the ongoing efforts of the Mohegan Lake Improvement District to control the pollution that is creating problems for the lake. Councilman Bianco pointed out that as recently as 10 years ago, the town's stormwater system was designed to empty the runoff into the lake. Since then, he added, we've learned that that was not the best practice.

May 19, 2009
Bruce Barber, the town's Environmental Consultant, gave an update on the town's Stormwater Management Program. As a condition of the town's stormwater permit (aka MS4 permit) issued by the NYS Department of Environmental Conservation, a report, detailing the town's performance on six areas of measurement, had to be presented to the public by June 1st. The report will be made available online on the town's website, www.yorktownny.org. The overall goal of the program is to reduce the phosphorus level in stormwater which eventually makes its way to the Croton Reservoir.

The six areas of concern are:
1. public education and outreach
2. public involvement
3. identifying and eliminating elicit discharges from pipes (e.g., washing machine discharge into the stormwater system)
4. monitoring construction activities
5. monitoring post-construction activities
6. municipal initiatives

Mr. Barber reported that the town was meeting its goals in all six categories and was doing “extremely well.” He said that based on an earlier audit from the DEC, the town was in compliance with its permit. He added that compliance was a team effort that involved multiple town departments. As part of the program, the town is mapping its system of catch basins in order to prioritize them for the purpose of maintenance and cleaning.

Several residents asked questions about specific aspects of the plan, including the use of fertilizers with phosphorus, whether the debris collected in the catch basins was being tested for toxicity, the effects of dishwasher detergents with phosphates on septic systems, and what municipal initiatives to reduce phosphorus levels were being planned.

Tony Grasso said that officials were misunderstanding the phosphorus issue as well as the recently approved ban on pesticide use on town property. He said that in 4-5 years, the insects would return at which time it will take ten times the money to put the fields back in shape.

February 23, 2010, work session

Storm Water Update including New Ordinance and New Committee

Bruce Barber, the Town’s environmental consultant and storm water expert brought the Board up to date on new requirements the Town faces in the management of storm water runoff, including the need for a new storm water ordinance and a storm water committee.   There was discussion of a DEC model ordinance, which would require combining the storm water ordinance with the Town’s Erosion and Sediment Control Ordinance, which the Town is not interested in doing.  The Town will try to retrofit its existing ordinances, and include public education requirements.  In addition, the Town must also adopt an illicit discharge ordinance, which we currently do not have.  A Storm Water Committee will be created to include the Town Engineer, the Town’s Storm Water consultant, a member from the Planning Department, the Highway Superintendent and some public members with Storm Water experience/training.

May 11, 2010, work session

Stormwater Issues - Bruce Barber

·         Need illicit discharge law

·         Stormwater Ordinance - should be user/homeowner friendly and now applies to any land disturbance of 5000 square feet or more and needs erosion oversight.  It was suggested that the 5K threshold be increased to 20,000 square feet.  Bruce requested permission to clean up the ordinance wording because it refers to manuals that are no longer in existence.

·         Form storm water advisory committee.

 

Oil Spill/Spillway Road
March 3, 2009
Supervisor Peters read a press release that had been issued earlier in the day regarding a 1997 oil spill that occurred at the Water Department site on Spillway Rd in Shrub Oak. Councilman Metz provided more details about what had happened.

(Note: the oil spill was the subject of the board's special two hour March 2, 2009 meeting that was closed to the public.)

At the February 20th work session, the board was informed that there was a voucher for $73,000 from the Envirostar Corp for work done to clean up an oil spill at the Water Department. As the board felt it did not have sufficient information at the time to evaluate the voucher, it did not authorize its payment. Upon further investigation, it learned that in the late 1990s an oil spill had been reported to the DEC but apparently, because the case was never closed out, in the fall of 2008, as part of a DEC audit, the town was informed that the case was still open because the vendor hadn't filed the required closure report.

The town then proceeded to hire Hydro-Environmental Technologies Inc to do test borings on the site and on February 2nd the company reported that there was contamination. The town then started immediate clean up work, utilizing the services of Envirostar, Inc. The work was stopped on February 9th when ground water became an issue and the Westchester County Health Department was notified. On February 12th , Director of Labor Operations Eric DiBartolo who was handling the issue for the town, sent an email to the board informing them that the cost of the clean up would be more than anticipated. And what initially was supposed to be a $10,000 job turned out to cost $73,000.

Commenting on the incident, Councilmen Bianco, Campisi and Martorano said that town and Mr. DiBartolo did what had to done in terms of cleaning up the contamination but that going forward, the town had to deal with the communications failure that left the board with only half the required information. They also agreed that there had to be tighter procedures on who had authority to spend town money.

Also, Acting Town Engineer Sharon Robinson was put in charge of the Water Department clean up and she will review whether there are any other open reports dealing with oil spills.

March 17, 2009
Acting Town Engineer Sharon Robinson gave the board an update on the status of the Water Department oil spill clean up. The soil is still contaminated and more work needs to be done to remediate the site. The town has two options for proceeding.

1) It can excavate to remove the contaminated soil. As it's not known how much soil will need to be removed, the potential cost can only be estimated. Ms. Robinson said that if 1,000 tons had to be removed, the cost would be about $160,000.

2) A second option is the remove the contaminated water and treat the site. This would require pumping for a minimum of three years, at an estimated cost of about $100,000, but it could take longer.

The company the town hired to do the testing plans to drill five or six more borings, at an estimated cost of $16,000, to try to get more information to help the town decide which is the preferred option. In the meantime, Ms. Robinson has been in contact with the DEC requesting that the town be given time to assess the situation before proceeding with additional clean up work.

Ms. Robinson also advised the board that the DEC had closed out an open oil spill from the 1990s. She did not provide any additional information.

March 24, 2009, work session
Acting Town Engineer Sharon Robinson advised the board that after consultations with the DEC, she was recommending that the town install five ground water monitoring devices so that more sample data can be obtained. She recommended that Hydro Environmental be hired to do the work at a costs of $16,980. The work can begin next week. She noted that as a professional services contract, the job did not have to be bid out. Once the extent of the problem is known, the town can work with the state to decide on the appropriate next steps. The board approved the expense.

In response to Town Clerk Alice Roker's question as to what had happened in 1997, Ms. Robinson said that she could only find a report from an Ira Conklin stating that a report had been filed on the spill.

In a related matter, she reported that there had been a problem with one tank at the water department with conflicting test results as to whether there was a problem with the tank. The Conklin firm said that the tank has failed a test and had to be taken out. However, when the tank was removed by Envirostar, that firm did not find a leak. The bills for the two companies came to less than $5,000 but the board advised Ms. Robinson to hold off approving the Conklin bill until more information was available regarding the firm's determination that the tank had a leak.

And, in a third related issue, Ms. Robinson reported to the board that she has experienced some resistance from some department heads about completing some administration paperwork issues regarding oil tank storage issues. She said she had no problem taking overall responsibility for overseeing the tanks but she felt that she shouldn't have to do all the work (note: she is paid as a consultant and is not a regular town employee.) She said she had tried to handle the issue diplomatically and professionally but that the time had come when she needed the town board to step in. In response, Councilman Campisi suggested meetings with the department heads.

Director of Labor Operations DiBarto told the board that the county is continually changing its rules regarding petroleum bulk storage regulations. The town is facing a $10,000 fine for a small spill at the library (details were not provided) and has a April 28th hearing regarding compliance with a storage issue. Mr. DiBartolo said that by constantly changing the regulations, the county was able to fine municipalities and generate revenue.

April 7, 2009
Ms. Robinson gave the board the following update during the board's pre-meeting session.

Based on the results from the soil borings, it looks as if 90% of the needed excavation work has already been completed. The consultant has to wait a week or so more before sampling the water quality.

In a related action, following up on the discussion at an earlier work session, during the regular meeting, the board approved a resolution clarifying the town engineer's role relating to oil spills.

August 4, 2009
Director of Labor Relations Eric DiBartolo reported that the NYC DEC has closed out the Shrub Oak oil spill case as of 7/24/09. The original spill occurred on 8/26/97.

Use of Pesticides on Town Properties
March 24, 2009, work session
Director of Labor Operations Eric DiBartolo advised the board that this year he would use only organic pesticides and only at the Shrub Oak and Junior Lake pool sites which he described as “country club-like” and which he wanted to maintain. He would not use any pesticides on other locations. The organic pesticides will cost 22% more. However, he left the final decisions up to the town board. He said he was waiting for more information from a company (not identified) about what possibly could be used on the other fields.

In response, Dr. Patricia Podolak advised the board that organic pesticides should not cost more than other pesticides and she urged the board to meet with Grassroots Environmental, a group that has worked with the county on its own turf management plan. She also said that the term “organic” was misused and that products marketed as organic weren't necessarily safe. Vishnu Patel made similar comments about the misunderstanding of what constituted an organic pesticide and said the real issue what that pesticides were environmentally safe. Dan Lefkowitz also stated that organic pesticides can be more cost effective.

Highway Superintendent Eric DiBartolo said that he relied on two men in his department (identified as the Androsko brothers) who he felt were highly qualified in this subject.

Councilman Metz said he had no problem bringing in Grassroots Environmental but no specific action was taken.

April 14, 2009, work session
Eric DiBartolo, Director of Labor Relations, gave board members documentation from Tru Green, the company the town had used in the past to apply pesticides to town property, to explain that barricade, the chemical they use, was not a banned product as had been stated in the North County News. While he acknowledged that the county had stopped using it, he said it was important to clarify the fact that the product was not banned.

An employee of Tru Green was present but explained that he was not authorized to speak for the company. He was willing to answer questions from the board, however, if the media was excluded from the room. The board did not agree to that condition.

In response to a question from Councilman Campisi as to how much time the town had before reaching a decision whether to continue using barricade or change to a different approach, the Tru Green employee said that the decision should be made this month.

Dan Lefkowitz and Patricia Podolak raised questions about the safety of barricade, especially for children, and asked the board not to make any decision until they heard from a representative of Grassroots Environmental at the April 28th work session. Mr. Lefkowitz pointed that that the state was phasing out its use of barricade on state property beginning in 2010. Ms. Podolak noted that the Grassroots Enviromental method was simple and cost effective and that the town could even do it in-house.

Councilman Metz noted that he has four children who play on the fields so he personally was concerned about any problems with barricade use.

The issue of whether an alternative process for controlling insects would increase phosphorous levels was raised but it was not clear what, if any, impact either approach, Tru Green or Grassroots Environmental, would have on those levels.

April 21, 2009
Two residents raised the issue of pesticide use on town property. One, a parent whose children play soccer on the fields, had received a flyer questioning the use of pesticides and wanted to know what the board was doing about the issue.

Dan Lefkowitz called attention to what he called “confusion” over the fact that Director of Labor Operations Eric DiBartolo had said at a March work session that he wasn't going to apply anything to the athletic fields but only to the lawns at the two swimming pools, but he had learned that on April 8th a herbicide had been used on several fields. He reiterated comments he had made at the work session about the potential health risks of the pesticides and how both the county and New York State were phasing out their use of pesticides.

In response, Councilmen Martorano and Metz both expressed concern about the use of pesticides. Mr. Martorano corrected his phone number on the flyer and said that people could reach him at 962-6382. Councilman Metz said “I'm with you” on the dangers of pesticide use and added that it was at the board's April 14th work session that Mr. DiBartolo said he was holding off on the use of pesticides pending a board decision after an April 28th presentation from a group espousing a natural approach to lawn care. He asked the community to let him know if any pesticides were being used before then.

Councilman Campisi also cited the April 14th meeting as the date that Mr. DiBartolo was holding off on the use of pesticides and added that the herbicides used on April 8th were only used on the clay infields. He said he was waiting for more information from the DEP about any phosphorous that would be used in fertilizer as part of an organic approach to lawn care.

May 5, 2009
Supervisor Peters announced a presentation on organic pesticides and herbicides to be given by Grass Roots Environmental Education, a non-profit group, at 7:00 pm , May 6th at the Hart Library. 

During Courtesy of the Floor, Dan Lefkowitz presented the Town Board a petition with 200 signatures requesting the Town stop using chemical pesticides on playing fields and at town pools and instead use organic pest control methods.

May 19, 2009
The board approved a resolution to “eliminate all pesticide use, including insecticides and herbicides on all town-owned property.”

Councilman Bianco said he was happy that the town had approved the ban on pesticide use. During Courtesy of the Floor, Dan Lefkowitz, who had lobbied for the ban at previous meeting, thanked the board for its vote.

During a question and answer session relating to the town's stormwater management program, Tony Grasso was critical of the ban and said that in 4-5 years, the insects would return at which time it will take ten times the money to put the fields back in shape.

August 11, 2009, work session
Pest control in town buildings and facilities
John Salvati of Integrity Pest Control made a presentation to the town board on the use of alternative organic products for the elimination of insects, rodents, bees and other similar problems. The town currently uses his firm on an “as needed” basis. Mr. Salvati said that his initial approach to solving a problem is to use mechanical means such as traps or knocking down wasps' nests when he can. But as some problems can't be resolved that way, he sometimes has to resort to the use of chemicals. As an example, Mr. Salvati cited a bee's nest in the attic of town hall that he cannot reach by hand. The bees may die in the attic – or they may migrate into one of the second floor offices.

In April, 2009, the board voted to ban the use of pesticides and herbicides on town fields and lawns. The discussion tonight was the use of pesticides in buildings. There currently is no such policy. He gave the board a list of the organic or botanical products that he uses, noting that most are based on plants and oils. He said they are not harmful to animals. He said that while anyone could buy the products, only homeowners could use them on their own; towns could not use them and would need to hire an outside person to apply them. In the past, the town had 4 employees who were trained and licensed to apply pesticides. However, according to Pat Lafero, head of the town's Department of Environmental Conservation, the employees gave up their licenses and the extra stipend that went along with it due to concern over liability issues.

At the conclusion of Mr. Salvati's presentation, Dan Lefkowtiz gave the board copies of NYS standards for setting up an integrated pest management program. His concern was that the town was dealing with the pesticide issue on a piecemeal basis.

The board decided to look over all the literature and review the need for a comprehensive pesticide policy.
Councilman Matt Metz said that while it was clear that the town did not want to use pesticides, they might be needed in certain situations. What we have to do, he said, is look at the alternatives and then decide what type of policy we want.

March 23, 2010, work session

Pesticide Policy

Pesticides are banned on town lawns (turf).  There are concerns about bees, stinging insects and rodents.  The town needs an effective way to deal with pests.  Grassroots Environmental can prevent damage by insects and rodents in the most environmental eco friendly way.  Some flexibility is needed with the use of mechanical/physical means.  The last resort would be chemical insecticide.  The motion passed.

 

Phosphorous in Fertilizers
April 7, 2009
County Legislator Michael Kaplowitz updated the board on the status of the Board of Legislator's pending law that would ban the sale of fertilizers containing phosphorus beginning in 2010. He anticipates that the county board will approve the legislation shortly.

During the Courtesy of the Floor portion of the agenda, Ken Belfer, speaking on behalf of the Mohegan Lake Park District, said he supported the pending ban but that because full implementation of the law would not go into effect until 2011, his group was planning to ask the town board to pass legislation requiring a 2010 local ban. He pointed out the harm that phosphorus run off was causing both Mohegan Lake and Sparkle Lake.

In response to his comments, Town Clerk Alice Roker noted that laws weren't always the best or only way to address an issue. Instead, she suggested, more education was needed.

During the second Courtesy of the Floor, Tony Grasso, a retired agronomist, faulted lawmakers for not having a sound understanding of the different types of phosphorous and for not consulting with experts on the issue. He said that elected officials often adopt a “we know best” attitude and don't ask questions.

Vishnu Patel suggested that homeowners use half the amount of fertilizer than they normally use, even though, he added, half as much is still too much.

Junior Lake
April 27, 2009, Planning Board work session
Discussion (item not on the agenda):
Mr. Giordano expressed dissatisfaction that the Town had completed work at Junior Lake without applying for a wetland permit before the work was started.  He emphasized the need for the Town to follow its own permitting procedures, which some Town departments neglect all too often.
 

April 29, 2009, work session
Although not on the agenda, Director of Labor Operations Eric DiBartolo advised the board that he had received a “derogatory” letter from the Conservation Board regarding the work done at Junior Lake that involved aeration of the lake and work on shrubs. In response to a question from Councilman Lou Campisi as to whether a permit had been issued for the work, Mr. DiBartolo said the work was done under a general maintenance permit and had the approval of the town engineer and the environmental code inspector. Supervisor Peters noted that at times, 99 people could be supportive of something, but there could be one complaining voice. Councilman Metz noted that one of the concerns that had been raised about the work dealt with the disturbance of some animal habitats.

The board agreed that it should invite the members of the Conservation Board to a work session to discuss mutual issues of concern.

Mr. DiBartolo said he is looking into doing similar types of improvements to Crystal Lake.

Northern Westchester Energy Action Consortium

 

March 23, 2010, work session

Joining the energy consortium was postponed.

 

 

 

Miscellaneous issues
Westchester County Smart Growth Study grant program August 4, 2009
The board approved the submission of a grant application to participate in the Smart Growth Study by Westchester County. There is no cost of the town for participating.

During Courtesy of the Floor, Susan Siegel, the person writing this summary, asked for more information about this program, but no information was provided.

February 16, 2010

Bulk trash information cards

Bulk trash pickup informational cards should have been received by all Town residents.  Providing the information in this format saved the Town $6,082, thanks to Kim in the DEC and Robyn in Planning, who also does the Town’s web site.  Street listings are posted on the website.

 

Award for Recycling

The Town’s Department of Environmental Conservation has been awarded a certificate of Achievement for its recycling.  The Supervisor commended the Department and residents for their efforts.

 

April 13, 2010, work

 

Biodiversity Study - Mike Fishman

Sterns & Wheler was hired to do a year long study of habitats of species / wildlife in Yorktown.  They have identified over 250 species of vegetation and approximately 250 species of wildlife.  Mike presented a series of maps showing endangered areas, wetlands, flood plains, steep slopes, hydric soils, vernal pools that flood only at certain times of the year, publicly owned parks and property, land cover data base map from 2006.   These maps can be overlaid and give good mapping of wetlands.  They also provided a native species list.

 

May 11, 2010, work session

 

Croton Heights - Len Rivlin 
Drainage work has not helped but destroyed rock walls.  There was icing on Col. Greene Road.  Theresa Murphy is willing to give an easement through her property to control drainage.  Dry wells not working.  Drains are clogged.  Problem was created by town works.  Sharon Robinson will discuss with Eric DeBartolo about what will be done to correct.

 

 

 

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