Town Board Meeting

FINAL TOWN BOARD AGENDA

TOWN OF YORKTOWN

December 3, 2013

 

 

PLACE:                

TOWN HALL                                                            ________                    7:30pm

 

PLEDGE OF ALLEGIANCE

 

2.         MOMENT OF SILENCE

 

3.         REPORT FROM SUPERVISOR MICHAEL GRACE

                                       

4.         REPORTS FROM TOWN BOARD MEMBERS

                         

5.         RESOLUTIONS FROM THE MEETING OF 11/19/2013

 

6.         COURTESY OF THE FLOOR

 

7.         PUBLIC HEARING

                    Convene:

Proposed local law amending Chapter 15 of the Code of the

                           Town of Yorktown concerning building permit renewal fees.

 

8.          ADVERTISING

                   Bids:

On Call Grit & Bar Screen Debris Removal & Disposal for the

                          Yorktown Sewage Treatment Plant - #13-08

            Sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York, at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, until 10:30 A.M., on Monday, December 16, 2013, for the On Call Grit Removal and Disposal for the Yorktown Heights Sewage Treatment Plant, Bid #13-08.

          

9.         RESOLUTIONS

 Requests from the Building Department:

                       ZBA refund for deck – a/k/a – Section 69.6, Block 1, Lot 14

               RESOLVED, that the Town Board approves a refund in the amount of $210.00 in connection with a Zoning Board of Appeals variance fee for Section 69.6  Block1, Lot 1 that was determined to be not required.

 

 

 

 

 

 

 

 

9.         RESOLUTIONS  (Continued)

 

Requests from the Engineering Department:

                        Bond Releases:

                        #BSWPPP-044-13 Heights Drive

WHEREAS, ABC Renovations (Rampa) as applicant for Tang, posted Check No. 3171 in the amount of $600.00 ($300 for wetlands and $300 for erosion control) which was deposited into the T33 Account on August 9, 2013, covering Wetland & Stormwater Permit #044-13 for work performed at the Tang’s Underhill Avenue residence, and

 

WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $600.00 may be released, NOW THEREFORE BE IT

 

RESOLVED, that the above-described monies be and is hereby released to ABC Renovations, 1516 Heights Drive, Yorktown Heights, NY 10598.

 

                        #BSWPPP-071-13 Baldwin Road

WHEREAS, Margaret Short as applicant, posted check #3516 in the amount of $300.00 which was deposited into the T33 Account on September 13, 2013, covering Stormwater Permit #071-13 for work performed at her Baldwin Road residence, and

 

WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $300.00 for erosion may be released, NOW THEREFORE BE IT

 

RESOLVED, that the above-described Erosion Bond in the amount of $300.00, be and is hereby released to1300 Baldwin Road, Yorktown Heights, NY 10598.

 

                        #BSWPPP-025-13 California Road

WHEREAS, Rosemarie & Kai Schleupen as applicants, posted check #4635 in the amount of $300.00 which was deposited into the T33 Account on June 28, 2013, covering Stormwater Permit #025-13 for work performed at their California Road residence, and

 

WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $300.00 for erosion may be released, NOW THEREFORE BE IT

 

            RESOLVED, that the above-described Erosion Bond in the amount of $300.00, be and is hereby released to 177 California Road, Yorktown Heights, NY 10598

9.  RESOLUTIONS (Continued)

Request from Tax Office:

        Refund Duplicate Tax Payment

WHEREAS, records of the Receiver of Taxes indicate that the following duplicate tax payment was made:

 

Year and Tax                       S-P-L                          Account #        Amount

2009-2012                          16.17-1-82                  0802000          $842.50

Down Payment

Installment Agreement

 

        BE IT RESOLVED, that the Supervisor is hereby authorized to refund the above noted amount.

 

Request from Town Attorney:

        Budget Transfer

            BE IT RESOLVED, with respect to the Town Attorney budget, that the budget transfer resolution passed on November 12, 2013 concerning the transfer of funds to the Litigation Outside Counsel line is hereby rescinded; and be it further

 

            RESOLVED that the following budget transfers, FROM each of the lines listed below TO line A.1420.0439 (Litigation Outside Counsel Fees), are hereby authorized :

$20,000 from A1420.0424.0001 (Non-Retainer Tax Certs)

$15,000 from A1420.0110 (Part time/Seasonal Salaries)

$10,000 from A1420.0443 (Legal Settlements)

 

        Authorize Supervisor to sign agreement with Mohansic Girls                                   Basketball, Inc.

            RESOLVED, that the Town Supervisor is authorized to sign a contract with Mohansic Girls Basketball, Inc., retroactive to January 1, 2013 in the amount of $10,100, to provide a youth basketball program to the Town in 2013 to benefit Town residents.

 

        Authorize Supervisor to sign an agreement with IBM terminating                           Franchise Agreement

WHEREAS, in 1989 the Town and International Business Machines Corporation (IBM) entered into a franchise agreement permitting IBM to install fiber optic cable on existing utility poles for a distance of 633’ along Town roads on Town rights of way, and IBM installed the cable; and

WHEREAS, IBM submitted a performance bond in the amount of $250,000.00 in accordance with the franchise agreement, which bond has been renewed through December 31, 2013; and

WHEREAS, the franchise agreement, as amended in 2004, expires on December 31, 2014; and

WHEREAS, IBM has fully paid the annual franchise fee through December 31, 2013; and

 

 

9.  RESOLUTIONS (Continued)

 

WHEREAS, IBM removed the fiber optic cable in 2013 and Highway Superintendent Eric DiBartolo has informed the Town Board that he has confirmed that the cable was removed; and

WHEREAS, IBM has requested the Town to release the bond; be it

RESOLVED, the Town Board authorizes the Town Supervisor to sign an agreement with IBM terminating the franchise agreement effective December 1, 2013; and be it further

RESOLVED, that the above-described performance bond in the amount of $250,000.00 be and is hereby released to IBM, attn: George DiSimone, Telecommunications Project Leader IBM T. J. Watson Research Center, Yorktown Heights, New York 10598.

 

        Acceptance of fee simple deed from Lake Osceola Realty Corp.

            WHEREAS, the Planning Board approved a site plan application filed by Lake Osceola Realty Corp., the owner (“Owner”) of a parcel located at Section 17.05 Block 1 Lot 1 (the “Property”),  by resolution dated February 25, 2013, and

            WHEREAS, the Planning Board conditioned its site approval of the Property upon, among other things, the Owner’s conveyance to the Town of a portion of the Property in fee simple and conveyance of easements to the Town over other portions of the Property for conservation and access; and

            WHEREAS, a fee simple deed was conveyed to the Town on July 8, 2013, and due to clerical error was recorded prematurely; and

            WHEREAS, the Town Board wishes to ratify the conveyance and accept the deed retroactive to July 8, 2013, the date of the deed; NOW, THEREFORE, BE IT

            RESOLVED, that the Town Board hereby accepts the deed conveying a V-shaped parcel identified on the Survey dated May 3, 2013, prepared by Badey & Watson Surveying and Engineering, P.C., a copy of which survey is on file in the Town Clerk’s office, the parcel being deeded to, conveyed to, and accepted by the Town being that described on the Schedule A attached hereto, a copy of which shall be kept on file with the Town Clerk; and

            WHEREAS, the Lake Osceola Realty Corp. and the Town of Yorktown intend that the parcel so conveyed to the Town in fee simple shall be used solely for public passive recreation; NOW THEREFORE BE IT FURTHER

            RESOLVED, that the Town Board hereby declares the portion of the Property conveyed by said deed to the Town by Lake Osceola Realty Corp. to be parkland.

 

Request from Town Board

                        Cording Road

 

11.       MONTHLY REPORTS

Receiver of Taxes
Building Inspector

 

12.       COURTESY OF THE FLOOR

        

  13.       ADJOURN

 

ALICE E. ROKER

TOWN CLERK

TOWN OF YORKTOWN

 

 

DATED:   November 27, 2013

 

                     OPEN BIDS

Bid – Stone, Gravel and Concrete Materials – Highway Department

                                        Due Back – December 4, 2013

 

                            PUBLIC HEARING

                        Decision:

State Land Corp – Rezoning – December 17, 2013