Town Board Meeting

FINAL TOWN BOARD AGENDA TOWN OF YORKTOWN JULY 20, 2010 PLACE:                                     TIME: MOHEGAN COLONY BEACH       6:00pm 1. EXECUTIVE SESSION The Town Board will meet at 5:00PM and immediately go into Executive Session for the purpose of discussing litigation. ADJOURN OPEN SESSION 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. WELCOME 5. REPORT FROM SUPERVISOR SUSAN SIEGEL 6. REPORTS FROM TOWN COUNCIL 7. COURTESY OF THE FLOOR 8. PUBLIC HEARINGS Convene: • Proposed local law repealing and replacing Chapter 15 - Building Construction and Fire Code Administration • Proposed local law repealing and replacing Chapter 130 - Fire Prevention • Proposed New York State retirement incentive plan Close and Reject: • Proposed local law amending Chapter 161 – Tree Preservation 9. BID AWARDS • Asphaltic Concrete Laid in Place • Pavement Marking • Boiler Feeder Pump Replacement – YCCC 10. REFERRAL • Proposed local law entitled ‘FEES’, relating to authorizing A Master Fee Schedule and Professional Review Fees 11. RESOLUTIONS Requests from the Comptroller: • Authorize the Comptroller to reimburse former Town Prosecutor Doug Fitzmorris for expenses Requests from the Engineering Department: • Wetland Bond Release #WP-009-09 – Grant Avenue • Application Fee Release #E-024-10 – Gregory Street • Approve Training Course for Michael Carducci – Sewer Dept. – SUNY at Morrisville - Supervision & Technical Operations Course • Authorize the Supervisor to Sign an Agreement with Stearns & Wheler – Phosphorous Removal Optimization Study & CMOM Asset Management – Hallocks Mill Sewer District Request from the Legal Department: • Authorize the Supervisor to sign an agreement with Sullivan Data for management, maintenance, troubleshooting and repair of the existing network computer infrastructure at the Police Department Requests from the Northern Westchester Joint Water Works • Approve a refund of $747.45 for water account #41-02270121 • Approve a refund of $45.45 for water account #44-05290185 Request from the Town Board: • Authorize the Supervisor to sign an agreement with Sullivan Architect for improvements to the Nutrition Center and abutting corridor • Adopt policy on the acceptance of donations • Authorize Town Attorney to commence eviction proceedings 299 Lewis Avenue 12. REFUNDS Duplicate Taxes: • Account #1543500 - $ 3,244.74 13. MONTHLY REPORTS Building Department – Estimated Cost of Construction Report June, 2010 14. ADJOURN ALICE E. ROKER TOWN CLERK TOWN OF YORKTOWN DATED: July 16, 2010 The Town Board respectfully requests that you keep your remarks during Courtesy of the Floor as brief as possible; no more than three minutes. TOWN BOARD OUTDOOR MEETING SCHEDULE All meetings begin at 6:00PM. In the event of rain, the meeting will be held in the Town Board Room at Town Hall. • August 3 - Hilltop Hanover Farm • September 7 – Teatown (The Meeting will be held inside of the main building) OUTSTANDING BIDS: • Electrical Work on Town Buildings • Street Light Maintenance • Traffic Light Work/Repair July 20, 2010 Town Board Meeting Resolutions to be approved: 8. PUBLIC HEARING Convene: PROPOSED LOCAL LAW REPEALING AND REPLACING CHAPTER 15 – BUILDING CONSTRUCTION AND FIRE CODE ADMINISTRATION NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Mohegan Colony Beach, Corner of Oak and High Streets, Mohegan Lake, New York on the 20th day of July, 2010 at 6:00 PM, or as soon thereafter as the same can be heard, to consider repealing Chapter 15, in its entirety, and replacing it with a new Chapter 15, entitled Building Construction Administration relating to the enforcement of the NYS Uniform Fire Prevention and Building Code. A copy of the proposed Local Law is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours. All persons in interest and citizens may be heard at the public hearing to be held as aforesaid. PROPOSED LOCAL LAW REPEALING AND REPLACING CHAPTER 130 – FIRE PREVENTION NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Mohegan Colony Beach, Corner of Oak and High Streets, Mohegan Lake, New York on the 20th day of July, 2010 at 6:00 PM, or as soon thereafter as the same can be heard, to consider repealing Chapter 130, in its entirety, and replacing it with a new Chapter 130, entitled Fire Prevention accepting the applicability of the New York State Uniform Fire Prevention and Building Code. A copy of the proposed Local Law is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours. All persons in interest and citizens may be heard at the public hearing to be held as aforesaid. PROPOSED NEW YORK STATE RETIREMENT INCENTIVE PLAN NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Mohegan Colony Beach, Corner of Oak and High Streets, Mohegan Lake, New York on the 20th day of July, 2010 at 6:00 PM, or as soon thereafter as the same can be heard, to consider a proposed local law to elect a Retirement Incentive Program for eligible town employees as authorized by Chapter 105, laws of 2010 of the State of New York. A copy of the proposed Local Law is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours. All persons in interest and citizens may be heard at the public hearing to be held as aforesaid. Close and Reject: PROPOSED LOCAL LAW AMENDING CHAPTER 161 TREE PRESERVATION 9. BID AWARDS: BID AWARD – HIGHWAY DEPT ASPHALTIC CONCRETE LAID IN PLACE RESOLUTION WHEREAS, invitation to bid for the Asphaltic Concrete Laid-in-Place for the Town of Yorktown was duly advertised, and WHEREAS, said bids were received and opened on July 16, 2010, with the bid amounts for the above-referenced project summarized as follows: ITEM DESCRIPTION NAME OF BIDDER Bilotta Const. Kect Const. Morano Bros. 402-128201 12.5 MM Top $94.75 $96.45 $94.00 403-118902 Type 1 Base $92.75 $96.45 $94.00 403-128902 Type 3 Binder $92.75 $96.45 $94.00 403-178302 6F3 Top $93.75 $96.45 $94.00 403-178302G 6F3 Top Glass $93.75 $96.45 NA 403-178302R 6F3 Top Recycled $92.75 $96.45 NA 403-198302 7F3 Top $97.75 $101.00 $94.00 6F3 Warm Mix $94.75 $96.45 NA 403-2001 Winter Mix No Bid NA NA RESOLVED, that upon the recommendation of the Highway Superintendent, Eric DiBartolo, the bid for the Asphaltic Concrete Laid-in-Place be and is hereby awarded to Bilotta Construction Corp., 296 Purchase Ave., Rye, NY 10580, the most responsive bidder. BE IT FURTHER RESOLVED, the contract is to begin on August 1, 2010 and terminate on July 31, 2011. The Town shall have the option to extend this contract at the same price for (3) consecutive one-year terms. BID AWARD – HIGHWAY DEPT PAVEMENT MARKINGS RESOLUTION WHEREAS, invitation to bid for the Pavement Markings for the Town of Yorktown was duly advertised, and WHEREAS, said bid was received and opened on July 16, 2010, with the bid amount for the above-referenced project summarized as follows: Safety Marking, Inc. Double Yellow Pavement Lines $2,375.00 460 Bostwick Ave. Single White Pavement Lines $1,189.00 Bridgeport, CT 06605 RESOLVED, that upon the recommendation of the Highway Superintendent, Eric DiBartolo, the bid for the Pavement Markings be and is hereby awarded to Safety Marking Inc., the sole responsible bidder. BE IT FURTHER RESOLVED, the contract is to begin on August 1, 2010 and terminate on July 31, 2011. The Town shall have the option to extend this contract at the same price for (3) consecutive one-year terms. BID AWARD – DEC BOILER FEEDER PUMP UNIT REPLACEMENT – YCCC RESOLUTION WHEREAS, invitation to bid for the Boiler Feeder Pump Unit Replacement for the Yorktown Community and Cultural Center, Capital Improvement Project #02-10 was duly advertised, and WHEREAS, said bids were received and opened on July 16, 2010, with the bid amounts for the above-referenced project summarized as follows: NAME OF BIDDER AMOUNT OF BID Unity Mechanical Corp. $25,000.00 Southeast Mechanical Corp. $29,000.00 ACS Systems Associates Inc. $40,000.00 RESOLVED, that the bid for the Yorktown Community & Cultural Center Boiler Feed Pump Unit Replacement, Capital Improvement Project #02-10, be awarded to Unity Mechanical Corp., at a total cost of $25,000.00. 11. RESOLUTIONS Request from Comptroller: AUTHORIZE COMPTROLLER TO REIMBURSE FORMER TOWN PROSECUTOR DOUG FITZMORRIS FOR EXPENSES RESOLUTION BE IT RESOLVED, Douglas Fitzmorris shall be paid various expenses related to litigation in the amount of $277.25. Request from Engineering Dept. WETLAND BOND RELEASE #WP-009-09 GRANT AVENUE RESOLUTION WHEREAS, Kim Hyde, as applicant, heretofore filed a Wetland Bond in the amount of $350.00, which was deposited into the T33 Account on May 15, 2009, covering Wetland Permit #009-09, for work performed at her Grant 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 the $350.00 for wetlands may be released; NOW, THEREFORE BE IT RESOLVED, that the above-described Wetland Bond in the amount of $350.00 be and is hereby released to Ms. Kim Hyde, 2829 Grant Avenue, Mohegan Lake, NY 10547. EXCAVATION APPLICATION FEE RELEASE #E-024-10 – GREGORY STREET RESOLUTION WHEREAS, Tine & Robert Pisano, as applicants, heretofore paid a $40.00 application fee for Excavation Permit #E-024-10, which was deposited into the A2116 account on June 18, 2010; and WHEREAS, the Environmental Panel has determined that the scope of work does not require an Excavation Permit; NOW, THEREFORE BE IT RESOLVED, that the above-referenced fee be released to Tina & Robert Pisano, 2591 Gregory Street, Yorktown Heights, NY 10598. APPROVAL TRAINING COURSE MICHAEL CARDUCCI – SEWER DEPT RESOLUTION WHEREAS, the NYCDEP provides for training of wastewater personnel as part of the upgrade project and fully reimburses the Town of Yorktown for such expense; and WHEREAS, the training includes for overnight stay and expenses; NOW, THEREFORE BE IT RESOLVED, that Michael Carducci is authorized to attend the SUNY Morrisville Environmental Training Center for the Supervision & Technical Operations Course, for the Wastewater Treatment Plant for an approximate cost of $1,075.00. AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH STEARNS & WHELER FOR PHOSPHOROUS REMOVAL OPTIMIZATION STUDY & CMOM ASSET MANAGEMENT RESOLUTION WHEREAS, the New York City Department of Environmental Protection (NYCDEP) Rules and Regulations Subchapter F, requires the Yorktown Heights Water Pollution Control Facility to perform a Phosphorus Removal Optimization Study and develop a CMOM (Capacity Management & Operations Maintenance) Asset Management Program for the sewer system infrastructure including the treatment plant, pump stations and piping in order to obtain a variance within the 60 Day Travel Time to the intake in the Croton System, NOW, THEREFORE BE IT RESOLVED, that the Town Boar authorizes the Town Supervisor to sign an agreement with Stearns & Wheler, LLC, for the Phosphorus Removal Optimization Study and the CMOM/Asset management program, in the total amount of $202,400.00; ($42,200. for the Phosphorus Project and $160,200.00 for the CMOM/Asset Management Program). Request from the Legal Department: AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH SULLIVAN DATA FOR POLICE DEPARTMENT RESOLUTION RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Sullivan Data Management Inc. for management, maintenance, troubleshooting and repair of the existing network infrastructure for the Police Department. The contract amount is $5,750.00 and the term is for one year, from July 1, 2010 through June 30, 2011. Requests from the NWJWW Department: APPROVE WATER REFUND ACCOUNT #41-02270121 RESOLUTION RESOLVED, that upon recommendation of the Northern Westchester Joint Water Works, a refund in the amount of 747.45 be and is hereby refunded to Account # 41-02270121. APPROVE WATER REFUND ACCOUNT #44-05290185 RESOLUTION RESOLVED, that upon recommendation of the Northern Westchester Joint Water Works, a refund in the amount of 45.50 be and is hereby refunded to Account # 44-05290185. Request from the Town Board: AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH SULLIVAN ARCHITECT FOR IMPROVEMENTS TO NUTRITION CENTER AND ABUTTING CORRIDOR RESOLVED, that the Town Board authorizes the Supervisor to sign an agreement with Sullivan Architecture for the design of plans for the renovation and remodeling of various areas of the Yorktown Cultural Community Center (YCCC). ADOPT POLICY ON THE ACCEPTANCE OF DONATIONS RESOLUTION RESOLVED, it shall be the policy of the Town of Yorktown that all donations of money, materials, supplies or items of equipment offered to any department of the Town for use by the Town may only be accepted by the Town Board by resolution; and FURTHER RESOLVED, if an offer is made, the offer shall be referred by the appropriate department head to the Supervisor, who shall refer it to the Town board for decision. The department head shall provide a written description of the item, including its condition and all other pertinent information to assist the Town Board din making its decision, including whether the item requires repair. FURTHER RESOLVED, storage of the offered item prior to the Town Board’s decision shall be the donor’s responsibility: the offered item shall not be placed on Town property or in the control of a Town employee until the Town Board has issued a resolution accepting the item. AUTHORIZE TOWN ATTORNEY TO COMMENCE EVICTION PROCEEDINGS – 299 LEWIS AVENUE RESOLUTION WHEREAS, by an judgment and order of foreclosure dated June 9, 2009, entered in the Office of the Westchester County Clerk on July 8, 2009, the Town was awarded ownership of a parcel of real property located at 299 Lewis Avenue in the Town of Yorktown, tax map I.D. number 17.09-1-41; and WHEREAS, a house situated on said parcel is occupied by one or more individuals, none of whom has a license or lease or other authorization to occupy said parcel; and WHEREAS the Town Attorney issued a 10-day notice to quit to the occupants of the premises dated July 6, 2010, which notice was served personally and by first class and certified mail; and WHEREAS, the deadline set forth in the notice to quit is July 21, 2010; NOW THEREFORE BE IT RESOLVED that the Town Board authorizes and directs the Town Attorney to commence and maintain an eviction proceeding against any and all occupants of the real property located at 299 Lewis Avenue, Town of Yorktown, on or after July 22, 2010, if the occupants have not vacated the premises by July 21, 2010.