Dear Readers:
To understand this years Westchester County Legislative Districts 1 & 4 races, you must visualize a chess board. The King in this case is State Senator Vincent Leibell. What he does, and where he goes, directly affects these races. According to best speculation and rumor, this is how the game works.
Senator Leibell a Republican, rumor tells us wants to be the next Putnam County Executive. Problem is there is one, a Republican, his name is Robert Bondi. and it seem he wants to stay on the job. He has shown no inclination so far to either resign now or pledge not to run for reelection next year. Therefore, Senator Leibell suffers the ignominy of remaining in the minority in the New York State Senate this year, and next year either runs for reelection to the Senate hoping the Republicans can recapture the majority, or Senator Leibell could give up the ghost and challenge Mr. Bondi in a primary fight for County Executive.
So what happens to this State Senate seat should Leibell vacate it? This is the game that is reaching down to Westchester Legislative districts 1 & 4. No matter what decision is made, Westchester Legislator Mike Kaplowitz, who announced his intention to run for another term an legislator from district 4 Sunday April 19 at the Traveler's Rest Restaurant seems to be the likely challenger on the Democratic side. Rumor has it he wants another shot after his better- than- expected results in 2006, and as there is such anger at the State Legislature, no matter who his Republican opponent would be he would probably win. This given Kaplowitz' record as a fiscal, responsible reformer among fiscally irresponsible legislators in county government as well as a 40th Senate District that now has 1800 more Democrats than Republicans.
Whether or not Senator Leibell runs for Putnam County Executive next year also effects Westchester County Legislative district 1. Incumbent County Legislator George Oros is up for relection this year, and has not yet announced his intentions. Rumor has it he would like to move up the ladder and run for higher office. His dilemma is that he can not afford to run for re-election as County Legislator and either win another squeaker like two years ago or lose. You see he would need the time to raise funds for a State Senate race and a barely winning/losing relection bid would simply deplete his resources should he seek to run for State Senate. But how can he give up his county legislative seat and run for State Senate unless Senator Leibell gives the word he will not run for re-election next year?
Pushing Oros on the other side is Domenic Volpe who has given signals he wants to run again. If Volpe runs, Oros likely gets out, knowing it would take at least $30,000 plus to even run for relection and this is money he would need for a State Senate race, IF(and that is a big if) his desire is to move up the ladder. Also pushing Oros is fomer Peekskill Mayor John Testa who has opened an account to make a run for that seat and also wants to be county legislator, should Oros bow out. So Oros is surrounded on one side by Leibell, on the other by Volpe, and now on a third side by Testa. What does Oros do? And while Testa has shown a willingness in the past to primary for a position he wants, I do not see that in the cards at this time, so let's remove that from the equation.. So the question becomes does Testa stay out of the arena for another two years if he can't run for county legislator or does he challenge Peekskilll Mayor Foster? How does this game play out? Stay tuned and get ready for an interesting political chess match. Remember during rumor season the board changes week to week.
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E-MAIL RESPONSE FROM LAST WEEKS POST
RE: FROM TOWN OF CORTLANDT SUPERVISOR PUGLISI
Dear Mr. Bazzo, I wanted to take this opportunity to respond to your blog entry - A "Fine" Mess in Cortlandt. I will pass this issue onto our two elected Town Justices, Gerald Klein and Daniel McCarthy. They are elected by the people to carry out the operations of the Court Clerk's Office. Thank you for bringing this matter to our attention.
Linda Puglisi
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E-MAIL RESPONSE FROM POST ON TAXI(ING)SITUATION
RE: FROM YORKTOWN TOWN CLERK ROKER
Dear Mr. Bazzo: I'm not sure that you received my earlier email, if not what I wanted to communicate or correct on your blog is the fact that you said the proposal to change our taxi law was done by Supervisor Peters and Councilman Metz. Wrong, it was done by me.
Alice Roker
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E-MAIL FROM PATTY V.
RE: RESPONSE TO MY COLUMN IN THE NCN "RUMOR HAS IT":
Bazzo-
Here's some more juicy gossip for your political speculations. I have been approached by people from both parties to run for town board in Putnam Valley. As you know, there are 3 positions open- supervisor and 2 council seats. We assume Tendy, Wendy and Prissy will all be running for their respective seats. Many in town that I talk to are fed up with all three of them which is why there is a movement to dump the incumbents. As you know, I have lived in this town on and off since 1955 when my family moved to Lake Peekskill. I think you and I share some of the same memories of what it was like around here back then. I have also been politically involved for over 20 years in everything from forming an improvement district for Lake Oscawana, abolishing the police department to stopping construction of a sludge plant. I probably have more experience than all three of the incumbents combined, which is why I think I'm being asked to run for office. I haven't made any committments yet, discussions are still going on. I will let you know as soon as I make a decision one way or the other.
regards,
Patty V.
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CABLE T.V. SHOW UPDATE:
RE: THE VOLPE REPORT:
The Domenic Volpe Report is pleased to announce this week's guests are Mayor Al Donahue from the village of Buchanan and Commander John Nichols of the American Legion Peekskill Post 274.
Mr. Donahue talks about the promises made during the campaign, changes he has made in the way Buchanan does business, and the avenues they are using to control the spiraling tax rates.
Commander Nichols gives us a heads up on Veteran's issues, events that the Post members are involved with and contact info for veteran's.
The Domenic Volpe Report can be seen in the Peek/Cort. area on Channel 15 Thursdays April 23 at 8:00pm. The same show can be seen in the York./ Put.Valley area on Channel 74 Wednesdays at 6:00pm 22.
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WHAT HAPPENING AT GRAYMOOR, GARRISON, N.Y.
TUESDAY, April 21st, 7:30-8:30 PH
SHARING EASTER FAITH
"Starting with the Big Picture: God's Mission, the Reign of God, and Christ the Savior,"chapter 2 (pp.13-27) of What Is the Mission of the Church? A Guide for Catholics by Roger P. Schroeder, SVD (Orbis, 2008) if the subject of a one-hour conversation. Copies of the book are available at the Graymoor Book & Gift Center (845-424-2100 or graymoorbooks@atonementfriars.org).
SATURDAY, May 2nd, at 1:00 PM
OPENING: MOMENTS IN NATURE PHOTOGRAPHY EXHIBIT
Photographer Bruce Colin and four associates exhibit images captured in India, Africa, North America, Graymoor and the Hudson River Valley. The opening (1:00 PM) is followed by an illustrated nature and wildlife photography presentation (2:45-3:30 PM). Information: (845)424-211.
SUNDAY, May 3rd, at noon
INAUGURATION OF NATIONAL WILDFLOWER WEEK
Wildflower seeds will be blessed and planted immediately following the 11:00 AM Sunday Eucharist in Pilgrim Hall to inaugurate National Wildflower Week.
THURSDAY, May 7th, at 7:30 PM
INTERRELIGIOUS FORUM
On the eve of Pope Benedict XVI's visit to Israel, a panel of local religious leaders will discuss area interreligious relations. Award-winning journalist Gary Stern will moderate the panel. Further information forthcoming. Information: (845)424-2111.
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A MESSAGE FROM CANDIDATE FOR YORKTOWN COUNCIL MARK DREXEL:
You are one of the first to know that I have decided to be a candidate for Yorktown Town Council. I look forward to a vigorous campaign and successful election. All Yorktown residents are keenly aware of the issues facing our town. As I watch the Town Board proceedings, I'm concerned with the direction the the town is heading. Specifically, development, open space, environment, and over regulation. We no longer can afford to live or conduct business in Yorktown. Without a new direction, Yorktown may soon be a ghost town.
In the coming weeks we will launch our new website, plan our kick-off event for early May and speak to many of you about what needs changing.
Thank you for your continued support.
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The Yorktown Central School District Board of Education unanimously
adopted its 2009-2010 school budget on Monday night, April 13, 2009.
The $89,858,000 budget is a 1.6% budget to budget spending increase from
the previous year which makes the total tax rate increase of 2.6% one of
the lowest increases in recent history.
The stimulus money has allowed the District to retain 19.6 positions
from an earlier estimate of 44.7 potential reductions. All of the
current reductions are due to right sizing the District, which has lost
approximately 325 students over the last five years. Other reductions
are being made in attrition.
There are no changes to the proportion of money being spent on Yorktown
students. Last year, the District spent 61 cents of every dollar on its
students. That level is maintained in the adopted budget.
A public hearing is scheduled on May 11th at 7 pm in the Mildred E.
Strang Middle School. The budget vote will take place on May 19th from
7 am to 9 pm at the Mohansic Elementary School located at 704 Locksley
Road in Yorktown.
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Over the last few months a proposed local law adding Chapter 161 (attached) relating to tree conservation has been a topic of much discussion. The law will require a permit to remove more than a specific number of trees based on lot size. In most cases, this equates to homeowners having to obtain a permit for removing more than two trees.
The intent of this proposed law is very much in line with environmental stewardship. There is much benefit from preserving, protecting, conserving our forests and woodlands. We must prevent uncontrolled, widespread cutting of trees. However, I suggest that the ordinance being proposed is too intrusive.
I am concerned about the increasing restrictions being placed on the activities of homeowners. On a recent cable appearance one of our councilmen expressed a similar concern about infringing on property owners rights. Removing trees for whatever reason, short of clear cutting, should be at the discretion of the property owner. Permits are just another form of tax and especially offensive in these challenging economic times.
Do we need more regulations and bigger government? Let's educate our residents as to the benefits of minimizing the cutting of trees, planting desirable species, and accomplish the goals of the Tree Conservation Advisory Commission. It is time for the Yorktown Town Board to re-think the need for the proposed tree preservation ordinance.
Tree Preservation Ordinance.htm>>
Thanks Mark
HERE IS THE ORDINANCE:
Proposed Tree Preservation Ordinance
YORKTOWN TREE PRESERVATION ORDINANCE (03/03/09)
[HISTORY: Adopted by the Town Board of the Town of Yorktown 2008 by L.L. No. Amendments noted where applicable.]
GENERAL REFERENCES
§ 161-1. Purpose.
A. This chapter regulates certain activities in the Town relating to the cutting and preservation of trees. The purposes of the chapter are to:
(1) Preserve, protect, conserve and regulate the forests, woodlands and trees and the benefits derived therefrom.
(2) Prevent uncontrolled, widespread cutting of trees.
(3) Prevent soil erosion.
(4) Protect wetlands, water bodies and watercourses, air quality, vegetation, wildlife and fragile natural resources.
(5) Promote fire protection.
B. It is the further purpose of this chapter to preserve the rights of property owners in the Town of Yorktown consistent with the purposes enumerated above.
§ 161-2. Findings.
A. The Town Board finds that healthy trees stabilize the soil and control water pollution by preventing soil erosion and flooding, absorb air pollution, provide oxygen, yield advantageous micro-climatic effects, have an intrinsic aesthetic quality, offer a natural barrier to noise and a natural habitat for wildlife, and are integrally involved in fundamental ecological systems.
B. The Town Board has reviewed the experience of past development and land use in the Town and, based on the review, finds that excessive cutting of trees can create surface drainage problems, increase municipal expenditures to control drainage, adversely affect air quality, impair the stability and value of nearby properties, adversely affect fundamental ecological systems, and result in unsightly and barren conditions.
§ 161-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL ACTIVITY: the activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, and using land for growing agricultural products. However, this definition does not include the construction of new structures associated with agricultural activities.
APPROVING AUTHORITY: The Zoning Board of Appeals, the Planning Board, the Town Board or the Town Engineer, as specified in § 161-5 of this chapter.
ARBORIST: A person who is certified as an arborist by the International Society of Arboriculture, or a person who is licensed as a Registered Consulting Arborist of the American Society of Consulting Arborists.
DEAD: A tree or tree component that is determined to no longer be viable, in that there is a lack of a living green cambium layer under the bark, as certified by an arborist or forester (as defined in this ordinance), or by the Town of Yorktown Tree Conservation Advisory Commission (TCAC) or its designated representative.
DOCUMENTATION: photographs provided by the property owner or a letter from an arborist or forester, as defined in this ordinance.
EMERGENCY: An event that presents an immediate threat to life, health, property or natural resources.
EMERGENCY PERMIT: A permit issued by the Town Engineer in the event of an emergency.
FOREST: Ten or more contiguous wooded acres on a lot.
FORESTER: A person who is certified as a forester by the Society of American Foresters or is a certified NYS DEC Cooperating Forester, Watershed Qualified Forester, NYC DEP Certified Forester or a Certified Watershed Agricultural Forester.
FOREST ACTIVITY: The implementation of a forest management/stewardship plan prepared by a forester (as defined in this ordinance) for a forest (as defined in this ordinance), utilizing commercial silvicultural practices.
GENERAL PERMIT: A permit that is approved by the Town Board for tree-removal activities proposed to encompass greater than a one-year period; or a permit that is part of a comprehensive plan that does not require Planning Board approval.
HAZARDOUS: A tree or portion of a tree that poses a danger to life, health, property or natural resources.
INVASIVE TREE: A tree species that is included on a list of invasive-tree species to be maintained by the TCAC. The list shall be updated yearly by consulting with New York State Department of Environmental Conservation or Cornell Cooperative Extension.
LOT: A parcel of land that is owned separately from any adjoining lot or lots.
NORMAL MAINTENANCE: The selective pruning, trimming or cabling of live trees to the extent that no greater than 20% of the area of the viable tree canopy or tree-root area is removed within any 24-month period.
REGULATED BUFFER ZONE: Areas of vegetative screening measured from each property line of a residentially zoned property towards the interior, according to lot size as follows:
A. 200,000+ square feet: forty (40) feet.
B. 160,000 - 199,999 square feet: forty (40) feet.
C. 80,000 - 159,999 square feet: thirty (30) feet.
D. 40,000 - 79,999 square feet: twenty (20) feet.
E. 20,000 - 39,999 square feet: ten (10) feet.
F. Up to 20,000 square feet: five (5) feet.
SPECIMEN TREE: A tree that has a minimum diameter of 18 inches at a point 4 1/2 feet above the ground level (diameter at breast height--"dbh" hereafter).
TREE: A woody perennial, either deciduous or coniferous, that is a minimum of 25 feet tall at maturity, having a diameter 8 inches or greater, measured 4 1/2 feet above ground level (dbh). In the case of multiple tree stems, the cumulative diameter of all tree stems at dbh is used to determine the diameter of the tree.
TREE CONSERVATION ADVISORY COMMISSION (TCAC): The members of the Town of Yorktown Tree Conservation Advisory Commission (TCAC), who have been duly appointed by the Town of Yorktown Town Board.
TREE CUTTING: The clearing, cutting, uprooting or any similar activity on a tree. In addition, the removal of greater than 20% of a tree's viable crown or root area within a 24-month period.
§ 161-4. Regulated Activities.
A. General regulations. A tree-removal permit will be required before removal of any of the following:
(1) Greater than two trees within a 24-month period in the regulated buffer zone, as defined in this chapter.
(2) Any tree that is located within 30 feet of the centerline of a public road or traveled right-of-way.
(3) Any tree within the common lands of a conservation easement or parcel, as described in the Code of the Town of Yorktown.
(4) Any tree within a wetland and wetland buffer, as defined in Chapter 178 of the Code of the Town of Yorktown.
(5) Any tree located on greater than a 15% slope.
(6) Any specimen tree.
(7) More than the number of trees listed below on a single property of the indicated size within any calendar year:
(a) More than two (2) trees in a parcel of less than 20,000 square feet within any calendar year.
(b) More than three (3) trees in a parcel of 20,000 square feet to 39,999 square feet within any calendar year.
(c) More than five (5) trees in a parcel of 40,000 square feet to 79,999 square feet within any calendar year.
(d) More than seven (7) trees in a parcel 80,000 square feet or greater within any calendar year.
(e) More than two (2) trees in zoning districts outside of a residential zoning district.
B. Trees on Town and other public property are an irreplaceable asset. The impact of their removal shall be considered against the benefits of cleared space for recreational activities and other uses. Therefore, the legislative purpose and intent specified in this chapter shall apply to tree removal on public property.
C. Exceptions. Notwithstanding the foregoing, no permit shall be required for the removal of:
(1) Any tree or component of a tree that is documented to be dead. Such documentation shall be maintained for one (1) year.
(2) The removal of trees as part of an approved forest or agricultural activity, provided that the applicant files with the Town Engineer a plan showing the areas of removal before commencing such operations.
(3) Tree removal that is necessary to maintain public rights-of-way and/or public utilities, provided that such removal is conducted according to lawful easements, statutory requirements and franchise agreements, and provided that the utility files with the Town Engineer a plan showing the areas of removal before commencing such operations, except when emergency removal makes such filing impractical.
(4) Any tree that is documented to be hazardous. Documentation, as defined in this ordinance, must be provided to the Town Engineer within five (5) business days of removal of the hazard.
(5) Trees within five feet of an existing or proposed subsurface structure, such as a septic tank or field, or other subsurface improvement or within the septic-field area as required by the Westchester County Health Department.
(6) Invasive-tree species removal. Prior to cutting, documentation (as defined in this ordinance) of the species to be removed must be provided to the Town Engineer.
(7) Normal maintenance of trees (as defined in this ordinance).
D. Tree-cutting or removal authorized and conducted in accordance with a tree plan approved by the Planning Board under the Zoning Ordinance as part of a development-approval plan or site plan approved by the Planning Board.
§ 161-5. Approving Authority. The approving authority under this chapter shall be as follows:
A. The Zoning Board of Appeals shall be the approving authority with respect to an application under this chapter that requires the issuance of another permit or approval from the Zoning Board pursuant to the local laws and ordinances of the Town of Yorktown. Such permit shall be included in the approving resolution.
B. The Planning Board shall be the approving authority with respect to an application that requires the issuance of another permit or approval from the Planning Board, or from both the Planning Board and the Zoning Board pursuant to the local laws and ordinances of the Town of Yorktown. Such permit shall be included in the approving resolution.
C. The Town Board shall be the approving authority with respect to an application under this chapter that requires the issuance of another permit or approval from the Town Board pursuant to the local laws and ordinances of the Town of Yorktown, including an application that also requires the issuance of a permit or approval by the Planning Board, the Zoning Board, or both. Such permit shall be included in the approving resolution.
D. The Town Engineer shall be the approving authority with respect to all other regulated activities under this chapter.
§ 161-6. Permit Procedures.
A. Application requirements. An application for a permit required by this chapter shall be filed with the approving authority and shall contain the following information and such other information as required, except when waived by the approving authority as not pertinent or necessary for the proposed activity:
(1) The name, address and phone number of the property owner and applicant.
(2) The written consent of the property owner, if the applicant is not the property owner.
(3) The tax-map designation of the property.
(4) A plan or plans showing the following: the location of the property and property boundaries, the location of structures, driveways and roadways on the property, and the location of the proposed tree removal.
(5) The location of wetlands, water bodies or watercourses subject to regulation under Chapter 178 of the Yorktown Code.
(6) The location of areas subject to regulation under Chapter 175, Flood Damage Prevention, of the Yorktown Code.
(7) The size, number, location and species of trees to be cut. Application shall indicate if tree stumps are to be left in place or removed; also if additional vegetation such as shrubs and grasses will be removed.
(8) If proposed tree cutting is in stages, the location of each stage.
(9) A statement from the landowner that each tree to be removed has been designated with paint or other distinctive means at two points, so as to be readily visible to the approving authority and the tree remover. One point shall be low enough on the tree so as to be visible on the stump after the tree is removed.
(10) A statement that the property owner and applicant (if different) will indemnify and hold harmless the Town against any damage or claims arising out of the permit's issuance, including but not limited to the performance of on-site inspections by the Town.
(11) A contractor, prior to the commencement of work, must furnish valid copies of certificates of insurance, including workers' compensation and general liability. Additionally, a contractor must be registered with the Westchester County Department of Consumer Protection and possess a current Home Improvement License. Compliance with the American National Standards Institute (ANSI ) Z133.1-2006 tree-care safety standard is required for all tree-cutting and maintenance.
B. Referral.
(1) In all cases, the approving authority may refer an application submitted to it pursuant to this chapter to the TCAC for review and reporting. The date of referral (after receipt of a complete set of pertinent materials from the approving authority) shall be deemed to be the date of the first regularly scheduled monthly meeting of the TCAC.
(2) If the approving authority is the Zoning Board of Appeals or the Town Board, the TCAC shall report back within 20 days of referral; and if the approving authority is the Planning Board, within 30 days of referral. Failure by the TCAC to report back within the specified time period shall be interpreted by these approving authorities as indicating no objection to the application.
(3) The Town Engineer may refer any application to the Planning, Zoning or Town Board.
C. Action by the approving authority.
The approving authority shall review said application to ensure conformity with the requirements of this chapter. A determination shall be made to "approve," "approve with modifications" or " disapprove" the issuance of such permit simultaneously with the determination by the approving authority of any other permit or approval for which application has been made.
D. Emergency permits
(1) The Town Engineer may issue a tree permit for purposes of dealing with an emergency (as defined in this ordinance).
(2) For projects carried out in response to an emergency, the following procedures shall apply:
(a) All procedural requirements of this chapter related to application processing are waived, except as provided in this section.
(b) Prior to commencement of the project, the Town Engineer must be notified. If circumstances warrant immediate action and prior notice to the Town Engineer is not possible, then the Town Engineer must be notified by the party taking emergency action within 24 hours after commencement of the action. Notification must be in written form. This notification must be followed within 24 hours by submission of the following information to the Town Engineer:
[1] A description of the proposed action
[2] Location map and plan of the proposed project
[3] Reasons why the situation is an emergency.
E. General permits.
(1) The Town Board may issue general permits for tree-cutting activities that shall encompass greater than a one-year period or shall be part of an approved comprehensive plan for which Planning Board approval is not required. Following review and approval by the Town Board, the general-permit holder will be required to annually review the progress and conditions of the project with the Town Engineer, who will then recommend to the Town Board continuance or discontinuance of the general permit.
(2) The applicant shall pay an application fee in an amount set forth in the fee schedule established by resolution of the Town Board. This schedule may change from time to time.
§ 161-7. Standards for Approval. In granting, granting with conditions, or denying any application for a permit required by this chapter, the approving authority shall evaluate the proposed activity, its purpose, and available alternatives, and shall determine that the impact of the proposed activity upon public health and safety, soil erosion, wildlife habitat, fire protection, and drainage shall not be detrimental and shall be in accordance with the following additional standards and conditions:
A. Trees shall be felled so that erosion is avoided. All tree-cutting debris shall be kept at least 20 feet from public roads, sidewalks and rights-of-way.
B. Consideration shall be given to preserving specimen trees when feasible and practical.
C. The approving authority may require the replanting of trees as a condition of permit approval and may establish standards for such replanting.
D. Decisions of the Town Engineer may be appealed to the Town Board. Decisions of any approval authority may be appealed through Article 78 Proceedings.
§ 161-8. Permit Duration.
A. The tree-cutting activities specified by the permit shall be completed according to the schedule set forth therein.
B. A permit shall expire upon completion of the permitted activity or one year from the permit's issuance, whichever shall occur first.
C. A permit may be renewed by the approving authority for a period of up to one year, provided that the permit's terms and conditions have been compiled with as of the time of renewal. Applications for extensions must be received in writing by the Town Engineer no less than 30 calendar days from the date of expiration. An extension of greater than one year is not permitted.
D. The approving authority may revoke or suspend a permit if it finds that the applicant has not complied with any of the conditions or limitations set forth in the permit.
§ 161-9. Security. In granting a permit, the approving authority may require a monetary security, plus guarantees and conditions in order to ensure compliance with the requirements and limitations set forth in the permit.
§ 161-10. Fees. Application and other fees will be according to a schedule approved by the Town Board; this schedule may be amended from time to time.
§ 161-11. Escrow; Inspection and Monitoring of Activities; Suspension and Revocation of Permit.
A. Monitoring, escrow, and inspection fees.
(1) At the time of approval of a permit application, the approving authority shall determine the required monitoring and inspection fees based on the complexity and substance of the regulated activity.
(2) To perform specific monitoring duties as required by this chapter, the Town may contract with a professional consultant in order to provide independent monitoring and inspection services.
(3) To provide for the payment of the costs of monitoring services, the approving authority may require a permit holder to establish a monitoring-and-inspection escrow account with the Town. The permit holder shall then provide funds to the Town for deposit into this account in an amount to be determined by the approving authority.
(4) Upon receipt of a proper and complete voucher from the professional consultants for services rendered, the Town shall debit the permit holder's escrow account to pay the fees due to the consultant. Upon request, the permit holder shall be provided with copies of any voucher for consultant services as they are submitted to the Town.
(5) When the balance in the permit holder's escrow account is reduced to 1/3 of its initial amount, the approving authority may require the permit holder to deposit additional funds to bring the balance up to the initial deposit or to a lesser amount deemed sufficient to provide necessary monitoring and inspection through completion of the project. If the account is not replenished within 15 days after the permit holder is notified in writing of the requirement, the approving authority may order the suspension of all activity pursuant to the permit, until such time as the permit holder has replenished the escrow account.
(6) No permits, certificates of occupancy, certificates of compliance, site plan or subdivision approvals, special permits, variances or other permits or approvals shall be issued by any administrative officials or municipal boards of the Town unless all monitoring and inspection fees charged in connection with the permit holder's project have been reimbursed to the Town.
(7) Upon receipt of a written request from the permit holder, following satisfactory completion of all work or other activity pursuant to the permit, and after all pertinent charges have been paid, the Town shall refund to the permit holder any funds remaining on deposit in the escrow account. The refund shall be made within 21 days of the date that the Town receives the permit holder's written request for refund, provided all conditions of the permit have been satisfied.
B. The approving authority and/or the TCAC may inspect or cause to be inspected by its representatives a property for which a tree permit application has been filed or for which activities have been undertaken pursuant to a permit.
C. If any condition of a permit issued pursuant to this chapter has been violated or if the scope of activities authorized has been exceeded, the approving authority may suspend or revoke the permit.
§ 161-12. Penalties for Offenses.
A. Any person who violates a provision of this chapter shall be guilty of a violation punishable by a fine equal to $250.00 per tree, plus an additional $25.00 for each inch of tree diameter up to 18 inches, as measured at the stump, and $50.00 for each inch of tree diameter over 18", as measured at the stump. Where the diameter of a removed tree (or trees) cannot be ascertained, the fine shall be $500.00 for each tree unlawfully removed. For a second and each subsequent offense, the fine shall be twice that applicable to a first offense or a term of imprisonment up to 15 days, or both.
B. Any person who violates a provision of this chapter shall also be liable to the people of the Town of Yorktown for a civil penalty not to exceed $1,500 for every such violation.
C. In addition to the above penalties, the Town Board shall have the right to seek equitable relief in order to restrain and/or remedy any violation of this chapter's provisions.
D. The Town Engineer, Building Inspector or designee, and the Town Environmental Inspector shall have the power to issue stop-work orders for violations of this chapter. The exercise of such power may be with or without the imposition of a civil penalty and/or fine under Subsections A and B of this section.
E. In addition to the remedies specified above, no building permit, temporary certificate of occupancy, or permanent certificate of occupancy shall be issued to any lot for which a stop-work order, or notice of violation has been issued pursuant to Subsection D hereof, until such violation has been remedied to the satisfaction of the approving authority, or until such notice of violation has been dismissed by a court of competent jurisdiction. Remediation may include replacement of trees removed in violation of this chapter, in accordance with the following schedule:
dbh of each removed tree (in inches), plus number and dbh (in inches) of each replacement tree
6 to 12 inches: 3 trees of 2 inches or 2 trees of 3 inches
13 to 24 inches: 3 trees of 3 inches
25 inches or greater: 5 trees of 3 inches
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A MESSAGE FROM CANDIDATE FOR WESTCHESTER COUNTY EXECUTIVE ROB ASTORINO:
In cased you missed it, you just paid for a $48,000 vacation...for someone else. Former Deputy County Executive Larry Schwartz received over $83,000 in unused vacation, sick, and longevity pay. This constitutes another egregious abuse of tax payer money. Please click the link to my website to read more: http://robastorino.com/NoGoldenParachute.html
Rob Astorino
www.robastorino.com
info@robastorino.com
Headquarters (914) 997-2009
Join Rob's facebook group!
http://www.facebook.com/home.php?#/group.php?gid=23322149994
Follow Rob on Twitter!
http://twitter.com/robastorino
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A MESSAGE FROM ASSEMBLYMAN GREG BALL:
Ball ANNOUNCES GRANTS, KEEPS HIS PROMISE
Continues to bring openness and transparency to budget promise
Assemblyman Greg Ball (R, C, I – Patterson) kept his promise to bring openness and transparency to the budget process by announcing a list of his member item grants for the third year in a row.
“This has been the most undemocratic budget process in recent memory,” Ball stated. “Using legislative loopholes, the Assembly and the Senate broke their promise to give the taxpayers some semblance of transparency by taking credit for individual member items. I happily release my list to the public, and call on all of my colleagues from both sides of the aisle to do the same as quickly as possible.”
2009 MEMBER ITEMS REQUESTED – ASSEMBLYMAN GREG BALL 20,000
TEATOWN LAKE RESERVATION
FUNDS WILL BE USED FOR ECO-EDUCATIONAL PROGRAM KNOWN AS EAGLE FEST
20,000
DEVEREUX MILLWOOD LEARNING CENTER
FUNDS WILL BE USED FOR PROGRAMS TO ASSIST WITH TRANSPORT OF STUDENTS WITH AUTISM TO WORK SITE
10,000
PUTNAM LAKE FIRE DEPARTMENT
TO PROVIDE FUNDING TO FIRST LINE EMERGENCY RESPONDERS IN THE HAMLET OF PUTNAM LAKE
10,000
SOMERS LITTLE LEAGUE
TO HELP REBUILD THE REIS PARK PONY LEAGUE AND PAVILION BALL-FIELDS
10,000
THE CHRISTOPHER C. CAIAZZO MEMORIAL FOUNDATION
THE GOAL OF CHRIS' FOUNDATION IS TO ENHANCE THE BASIC DRIVERS' EDUCATION COURSE WITH MORE SPECIFIC INFORMATION ABOUT CAR CONTROL, VEHICLE DYNAMICS, PROPER DRIVING POSITION AND CAR CARE.
10,000
MAHOPAC VFW
FOR THE REPLACEMENT OF THE HEAT AND HOT WATER SYSTEM AND PLUMBING AT THE VETERANS OF FOREIGN WARS POST 5491
8,000
NORTH SALEM AMBULANCE CORPS
FUNDS WILL BE USED TOWARDS PURCHASE OF NEW AMBULANCE.
7,000
NEW YORKTOWN CHAMBER OF COMMERCE
TO STIMULATE THE BUSINESS COMMUNITY ALLOWING COMMUNITIES TO PROSPER. EVERY BUSINESS OWNER, DECISION MAKER AND PROFESSIONAL WILL HAVE THE OPPORTUNITY TO LEARN ABOUT CREATIVE BUSINESS STRATEGIES THAT WILL IMPROVE THE PROFITABILITY AND EFFECTIVENESS OF THEIR BUSINESS. IN ADDITION, EACH PARTICIPANT WILL LEARN EFFECTIVE STRATEGIES TO LEVERAGE THEIR TIME AND IMPROVE EMPLOYEE COMMUNICATIONS AND PERFORMANCE.
6,000
PUTNAM P.A.R.C
FUNDS WILL GO TO ASSIST THE PARC PRESCHOOL PROGRAM OFFERING ESSENTIAL SERVICES AND SPECIALIZED CURRICULUM FOR THOSE DIAGNOSED WITH AUTISM
5,000
PUTNAM COUNTY FISH AND GAME ASSOCIATION
TO PROVIDE SERVICES TO THE COMMUNITY SUCH AS HUNTER SAFETY COURSES ALONG WITH JUNIOR AND WOMEN’S PROGRAMS FOR UPCOMING COMPETITIONS. ASSORTED RANGE TARGETS TO INCLUDE STANDING TARGETS AND OR CLAY BIRDS
5,000
LANDMARKS PRESERVATION SOCIETY
FUNDS WILL BE USED TO REVITALIZE OLD SOUTHEAST CHURCH
5,000
MAHOPAC AMERICAN LEGION
FUNDS WILL BE USED FOR RENOVATION OF MAHOPAC AMERICAN LEGION, WHICH IS A FOCAL POINT OF THE COMMUNITY USED BY NUMEROUS COMMUNITY ORGANIZATIONS.
5,000
TOWN OF PAWLING
FUNDS WILL BE USED FOR THE RESTORATION OF THE LAKESIDE PARK RED BARN.
5,000
WOUNDED WARRIOR PROJECT
FUNDS WILL BE USED TOWARDS PEER MENTORING ASPECT OF THE WOUNDED WARRIOR PROJECT
2,500
NATIONAL ADOPTION FOUNDATION
TO ASSIST IN MEETING THE EVER INCREASING DEMANDS FROM NEW YORKERS AND TO GROW AND BUILD THEIR FAMILIES THROUGH ADOPTION
2,500
S.P.A.R.C. OF YORKTOWN
TO PROVIDE FOR FUNDING FOR A PROGRAM OF RECREATION AND SOCIALIZATION OF PRE-TEENS WITH AUTISM AND OTHER DEVELOPMENTAL DISABILITIES
2,500
KEEP PUTNAM BEAUTIFUL
FUNDS WILL BE USED FOR COMMUNITY BEAUTIFICATION.
2,500
FAITH BASED INITIATIVE GRANT
FUNDS WILL BE USE FOR GYM HEATING SYSTEM, INTRAMURAL LEAGUES, DEFENSIVE DRIVING. COURSE, BOY SCOUTS & SENIOR CITIZENS
2,000
PATTERSON LITTLE LEAGUE
FUNDS WILL BE USED FOR CONSTRUCTION OF NEW BUILDING FOR EQUIPMENT
1,000
GREEN CHIMNEY'S CLEARPOOL EDUCATION CENTER
FUNDS WILL BE USED TO SEND TEACHERS TO THE EDUCATION CENTER FOR PROFESSIONAL DEVELOPMENT IN ENVIRONMENTAL SCIENCE.
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nys: “I LOVE NY. FREE RIDE FOR
ILLEGAL ALIEN DRUG OFFENDERS!”
As the Governor prepared to sign into law the 2009 state budget which contained secretly crafted revisions to the Rockefeller Drug Laws that make drug offenses easier to commit, Assemblyman Greg Ball (R, C, I – Patterson) continued to decry a lesser-known provision passed which would guarantee that criminal illegal alien drug offenders could avoid deportation.
“Regardless of your stance on comprehensive immigration reform, commonsense dictates that criminal illegal aliens who are caught using or dealing drugs should be incarcerated and automatically deported,” Ball stated. “Instead, this Governor and the Silver-Smith ‘brain’ trust manipulated the process to tuck away a sweet heart deal for illegal alien drug dealers. These revisions were applauded by this Governor, and with statewide press. The Governor called them ‘historic’, yet these so called ‘reforms’ dictatorially decree that these dangerous dealers and addicts should not only have safe haven from deportation, but they should be placed right back out on the streets with the support of treatment, at taxpayer expense. Misguided actions like these leave good people scratching their heads wondering if the Governor and his legislative cohorts are politically insane, administratively incompetent, dangerously extreme or a scary mixture of all three.”
A clause in the bill (A156-b/S56-b) has changed the criminal procedure law to allow illegal immigrants who face the “severe collateral consequences” of deportation to escape by allowing them into treatment without a guilty plea, meaning that if they enter and complete treatment, they can easily have their criminal case dismissed.
“This feature of the legislation has been kept hidden from the public because the details were negotiated and agreed to in complete secrecy,” Ball said. “Instead of trying to fix the fiscal crisis, lessen the tax burden on homeowners and businesses, and work to stimulate our economy, the Governor and Speaker Silver bent over backwards to facilitate illegal alien drug trafficking. And they wonder why 2 million tax payers have left the state in droves?”
Ball added, “It’s a little odd to think, according to this legislation, that domestically rooted American drug dealers will have to plead guilty to secure treatment over prison, while criminal illegal alien dealers can now enter treatment without a blemish. That is un-American, patently unfair and requires an immediate call to action. They have gone too far.’”
http://assembly.state.ny.us/leg/?bn=156&sh=t
S T A T E O F N E W Y O R K _____________________________________________________________________________ S E N A T E - A S S E M B L Y
S. 56—B 119 A. 156--B
1 4. WHEN AN AUTHORIZED COURT DETERMINES, PURSUANT TO PARAGRAPH (B) OF
2 SUBDIVISION THREE OF THIS SECTION, THAT AN ELIGIBLE DEFENDANT SHOULD BE
3 OFFERED ALCOHOL OR SUBSTANCE ABUSE TREATMENT, OR WHEN THE PARTIES AND
4 THE COURT AGREE TO AN ELIGIBLE DEFENDANT'S PARTICIPATION IN ALCOHOL OR
5 SUBSTANCE ABUSE TREATMENT, AN ELIGIBLE DEFENDANT MAY BE ALLOWED TO
6 PARTICIPATE IN THE JUDICIAL DIVERSION PROGRAM OFFERED BY THIS ARTICLE.
7 PRIOR TO THE COURT'S ISSUING AN ORDER GRANTING JUDICIAL DIVERSION, THE
8 ELIGIBLE DEFENDANT SHALL BE REQUIRED TO ENTER A PLEA OF GUILTY TO THE
9 CHARGE OR CHARGES; PROVIDED, HOWEVER, THAT NO SUCH GUILTY PLEA SHALL BE
10 REQUIRED WHEN:
11 (A) THE PEOPLE AND THE COURT CONSENT TO THE ENTRY OF SUCH AN ORDER
12 WITHOUT A PLEA OF GUILTY; OR
13 (B) BASED ON A FINDING OF EXCEPTIONAL CIRCUMSTANCES, THE COURT DETER-
14 MINES THAT A PLEA OF GUILTY SHALL NOT BE REQUIRED. FOR PURPOSES OF THIS
15 SUBDIVISION, EXCEPTIONAL CIRCUMSTANCES EXIST WHEN, REGARDLESS OF THE
16 ULTIMATE DISPOSITION OF THE CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKE-
17 LY TO RESULT IN SEVERE COLLATERAL CONSEQUENCES.
_____________________________________________________________________________
A00156 Actions:
01/07/2009 referred to ways and means
01/21/2009 amend and recommit to ways and means
01/21/2009 print number 156a
03/29/2009 amend (t) and recommit to ways and means
03/29/2009 print number 156b
03/31/2009 reported referred to rules
03/31/2009 reported
03/31/2009 rules report cal.18
03/31/2009 ordered to third reading rules cal.18
03/31/2009 message of necessity - 3 day message
03/31/2009 passed assembly
03/31/2009 delivered to senate
03/31/2009 REFERRED TO FINANCE
04/01/2009 SUBSTITUTED FOR S56B
04/01/2009 3RD READING CAL.135
04/02/2009 MOTION TO AMEND LOST
04/02/2009 MOTION TO AMEND LOST
04/02/2009 PASSED SENATE
04/02/2009 RETURNED TO ASSEMBLY
04/03/2009 delivered to governor
A00156 Votes:
BILL: A00156B DATE: 03/31/2009 MOTION:YEA/NAY: 091/056
Abbate NO Cahill Y Englebr Y Hooper Y Maisel Y Powell Y Skartad Y
Alessi Y Calhoun NO Errigo NO Hoyt NO Markey Y Pretlow Y Spano Y
Alfano NO Camara Y Espaill Y Hyer-Sp Y Mayerso Y Quinn NO Stirpe Y
Amedore NO Canestr Y Farrell Y Jacobs Y McDonou NO Rabbitt NO Sweeney Y
Arroyo Y Carrozz Y Fields NO Jaffee Y McEneny Y Raia NO Tedisco NO
Aubry ER Castro Y Finch NO Jeffrie Y McKevit NO Ramos Y Thiele NO
Bacalle NO Christe NO Fitzpat NO John Y Meng Y Reilich NO Titone ER
Ball NO Clark Y Gabrysz NO Jordan NO Miller NO Reilly Y Titus Y
Barclay NO Colton Y Galef Y Kavanag Y Millman Y Rive J Y Tobacco NO
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INTRODUCING A NEW BLOG: (YOU CAN FIND THE LINK IN MY "SITES TO LINK TO"):
Hi, Andy.
I've started a new blog. It's really more of a news aggregator, I suppose. Here's the address: http://www.dailydoseofdumb.com/
Feel free to share the link with anyone who you think might enjoy it.
Thomas G.
*******************
AND A NEW WEBSITE:
Please visit my website Padovanofineart.com. I have updated it and added new paintings.
Thanks.
Rob
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THIS WEEKS "IN MY OPINION COLUMN" IN THE NCN:
Dear Readers:
This week I discuss the proposed MTA payroll tax. You can read my column on this topic exclusively on line(see link below)or in this weeks NORTH COUNTY NEWS on sale now. I am worth the seventy-five cents. Look for my column IN MY OPINION(page 10) in the editorial section. Better yet as this column is exclusive to the North County News on a regular basis and will be covering the local political scene, take out a subscription. Click on the North County News link below and go to Subscribe. Between this blog and The North County News you will have all the information to make a vote based on substance.
************************************************************************
FYI:ATOM TAXI INC. AIRPORT SERVICE:
Dear Readers:
This gives me a chance to plug my business ATOM TAXI INC. As you are planning your holiday or business or vacation travel? Instead of the headache of trying to find Airport parking, we do Airport Service to The Westchester County Airport(and ALL other airports) 24/7. Just call 1(914)879-6121 and my partner Tommy, will be glad to take you in our Airport Taxi. You will also be provided with a free copy of your local paper of record The North County News. If this is a business trip we also provide a professional receipt, just tell Tommy at the time of booking. The cost of a one-way trip to LaGuardia Airport the cost is Ninety dollars plus tolls. The cost to JFK and Newark Airports is one hundred-twenty-five dollars plus tolls. The tolls are $10.00 Westchester County Airport and Stewart cost $75.00. We do not take credit cards, sorry.
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E-MAIL ME WITH YOUR COMMENTS:
Dear Readers:
It has come to my attention the difficulty in posting a comment on this blog. If you wish to comment, e-mail me at the link posted below, putting "Manifesto Reader" in the subject matter, and I will "cut and Paste" your comments myself. If you DO NOT wish your comments posted, but just wish to communicate with me, please make your wishes known in the e-mail.
LINKS: atom_taxi@yahoo.com(as this a yahoo address make sure you put an underscore (-) between atom and taxi)
For immediate reply: atomtaxi@aol.com
***********************************************************************************
SITES TO LINK TO:
JOHN G. TESTA: www.johngtesta.com
ON TOPIC W/ JOHN TESTA: www.ontopicwithjt.com
CARS & US: www.doverracing.com
THE WINERY AT ST. GEORGE: http://www.TheWineryAtStGeorge.com
PLAN PUTNAM: planputnam@googlegroups.com/
PEEKSKILL GUARDIAN: "http://peekskillguardian.blogspot.com/
NORTH COUNTY NEWS:"http://northcountynews.com/
THE JOURNAL NEWS:http://thejournalnews.com/
PEEKSKILL DEMOCRATS:http://www.peekskilldems.com/"
PEEKSKILLREPUBLICANS:http://peekskillgop.com/
YORKTOWN SUPERVISOR DON PETERS: http://www.donpetersforyorktown.com/
PUTNAM VALLEY SUPERVISOR BOB TENDY:http://www.bobtendyforsupervisor.com/
THE PEEKSILL NEWS:http://thepeekskillnews.blogspot.com/
CORTLANDT MANOR CIVIC ASSOCIATION: www.cortlandtcivic.com
GOPAC: gohudblogs.com
PEEKSILL NEWS: http://peekskillnews.blogspot.com/
YORKTOWN WATCHDOG: www.yorktownopengov.org
DAILY DOSE OF DUMB: http://www.dailydoseofdumb.com/
PADAVANO FINE ARTS: Padovanofineart.com
***********************************************************************************
CABLE SHOWS TO WATCH
ON POINT ON PEEKSKILL: Every Tuesday at 8PM channel 15 (Peekskill only)
Hosted by:DARREN RIGGER
DON PETERS AND YORKTOWN: Various day and times on chanel 20(Ykt.only)
Hosted by: SUPERVISOR DON PETERS
YORKTOWN WATCHDOG: Every Friday at 9:30 PM & Wednesday at 4:30PM on channel 74
Hosted By: ED CIFFON
LEGISLATORS REPORT: Saturday and Sunday at various times on chanel 20
Hosted By: COUNCILMEN NICK BIANCO AND LOU CAMPISI
THE VOLPE REPORT: Thursadys at 8PM chanel 15 (Peek. and Cort.) chanel 74 at 6pm (York.& Put. Valley)
Hosted By: Domenic Volpe
THE ISSUES: Thursdays at 9:PM chanel 74 Peekskill Mondays at 8PM chanel 15
Hosted by; Sam Davis
ON TOPIC WITH JOHN TESTA: Thursdays at 9:30PM chanel 15 (Peekskill & Cortlant)
Tuesdays in Yorktown & Putnam Valley 9:30 chanel 74
Hosted by: John Testa
CARS & US: Fridays 10 PM chanel 15(Peek. & Cortlant) 74(York. & Put. Valley)
Hosted By: Dennis Tate
SPEAK OUT WITH SANDY GALEF: Yorktown chanel 74 Wednesdays at 7:30PM..Ossining/Peekskill chanel 15 Wednesdays at 8PM
Hosted by: Sandra Galef
DEAR SANDY: Yorktown chanel 74 Fridays 7:30PM...Ossining/Peeksill chanel 15 Fridays
9PM
Hosted by: Sandra Galef
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EDITOR'S NOTE:
All articles re-printed in this blog from the North County News are with the permission of Bruce Apar Publisher and Editor-in-Chief
04/18/09
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