Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
April 20, 2011
PLACE: TIME:
TOWN HALL 7:30pm
1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR SUSAN SIEGEL

4. REPORTS FROM TOWN COUNCIL

5. COURTESY OF THE FLOOR

6. PROCLAMATION - ARBOR DAY
• Presentation from the Arbor Day Planning Group
7. ADVERTISEMENTS
• Public Hearing – May 3, 2011
Proposed local law amending Chapter 275 -4 Parking, A-No
Parking Zone –Decatur Road, both sides, from a point 100’
east of Cabot Lane to the end of the cul-de-sac

• Public Hearing – May 17, 2011
Request for a Wetlands Permit for construction of a single
Family house, driveway, water, sewer and other utilities –
Zeal Construction

• Bids:
Traffic Signs – Highway Dept.
Alarm Monitoring RFP

8. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)
• Fire Sprinkler Systems Maintenance
• Copier Machine Maintenance Contracts
• Asphalt, Concrete and liquid bituminous
materials – Highway Dept.

9. RESOLUTIONS
• Requests from the Assessor
Approve tax certiorari settlement for 342 Downing Drive
Approve tax certiorari settlement for 1929 Commerce Street
• Requests from the Engineering Department:
Landscape Bond Release - #2082
Wetland Application Fee Release - #WP-056-10
Authorize the Supervisor to sign an agreement with WSP
Sells for design & inspection services for the Sherman Court
Bridge

9. RESOLUTIONS (Continued)
• Requests from the Engineering Dept.
Performance & Erosion Control Bond & Inspection Fee
Curry Nissan Site Plan – Route 202

• Request from the Finance Dept.
Approve budget transfers

• Request from the Highway Dept.
Release Escrow Deposit – for Permit #1167 - $500.00

• Requests from the Legal Department:
Authorize the Supervisor to sign a lease renewal at the
YCCC with Yorktown Teen Center, Inc.

• Requests from the Police Department
Authorize payment a purchase done for the Police Dept.
without a Purchase Order
Authorize payment for work done on a Police vehicle
without a Purchase Order
Authorize the Supervisor to sign an agreement with Police
Reports USA for online access to Yorktown Police
Accident Reports
Authorize the Supervisor to sign a renewal grant
application or JAG funds

• Request from the Supervisor’s Office
Approve agreement with Aha Consulting to create a
Community Calendar page on the Town’s web site.
Approve amended resolution for Creative Living Wetlands
And Excavation Permit and Tree Permit

• Request from the Water Department
Authorize David Rambo to attend the American Water
Works Association Training course

10. VOLUNTARY BOARD APPOINTMENTS
• ABACA
Galina Kanevsky

11. REFUNDS
• Duplicate Taxes
Account #1674500 - $ 2,633.69

12. MONTHLY REPORTS
• Receiver of Taxes
• Construction Report – March, 2011

13. COURTESY OF THE FLOOR

14. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: April 20, 2011

The Town Board respectfully requests that you keep your remarks during Courtesy of the Floor as brief as possible; no more than three minutes.
ADVERTISED REQUESTS FOR PROPOSALS/BIDS
• Summer Camp Buses (Due Back 5/2/2011)
• Manage, Operate and Maintain the Area formerly
known as Shallow Creek Golf Course as a Municipal
Golf Course including facilities incidental to a Golf
Course (Due Back 4/29/2011)
• Audio and Video Equipment for the Town Meeting Room –
Supervisor’s Office – (Due Back 5/12/2011)
• Appraisal Services - Residential (RFP) – Assessor
(Due Back 5/06/2011)
• Appraisal Services – Non Residential (RFP) – Assessor
(Due Back 5/06/2011)
• Installation of remote lighting controls at Downing Park Tennis Courts and Shrub Oak Roller Hockey Rink – Planning/Parks and Recreation Dept. (Due Back 4/27/2011)

ADVERTISED REQUESTS FOR PROPOSALS/BIDS
• Computer and Networking Equipment to upgrade the
Town of Yorktown’s Computer Systems - Comptroller
(Due Back – 4/21/2011)

PUBLIC HEARINGS STATUS
DECISION - PENDING
• Proposed local law amending Chapter 275 -4 Parking, A-No
Parking Zone -adding an additional section of Veterans Road

ADDITIONAL PUBLIC HEARING – May 3, 2011
Proposed local law amending various sections Chapter 45 – Ethics
and new Ethics Disclosure Statement – May 3, 2011

HEARING - To Be Continued
• Rezonings – Proposed zoning changes associated with the
Comprehensive Plan

Town Board Meeting
April 20, 2011

6. Proclamation:
WHEREAS, Arbor Day, which began in Nebraska in 1872, is now observed throughout the nation and the world, and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and

WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community, and

WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, therefore be it

RESOLVED, that the Town Board hereby proclaims Friday, May 6th 2011 as Arbor Day in the Town of Yorktown, and urges all citizens to celebrate Arbor Day and to support our trees and woodlands, and

FURTHER, to attend the first Arbor Day ceremony at the Patriot Garden next to Town Hall at 3:00pm.

7. ADVERTISEMENTS
PROPOSED LOCAL LAW AMENDING CHAPTER 275-4
PUBLIC HEARING MAY 3, 2011
NOTICE IS HEREBY GIVEN that a public hearing will be held by the

Town Board, Town of Yorktown, Westchester County, New York at the Town

Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 3rd day of May,

2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to

consider a proposed local law amending Chapter 275-4 Parking, A-No Parking

Zone-Decatur Road, both sides, from a point 100” east of Cabot Lane to the end

of the Cul-de-sac.

REQUEST FOR A WETLANDS PERMIT FOR CONSTRUCTING A SINGLE FAMILY HOUSE, DRIVEWAY, SEWER AND OTHER FACILITIES – ZEAL CONSTRUCTION
PUBLIC HEARING MAY 17, 2011
RESOLVED, that notice is hereby given that a public hearing will be convened by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 17th day of May, 2011 at 7:30 o’clock PM to consider the application of Zeal Construction for a Wetlands Permit to construct a single family house, driveway, water, sewer and other utilities located at 1719 Parmly Road, Mohegan Lake, NY 10547.
BID TRAFFIC SIGNS – HIGHWAY DEPARTMENT
NOTICE IS HERE GIVEN that sealed proposals will be received by the

Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 A.M. on

May 2nd, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y.

10598 for Traffic Signs Bid.

BID ALARM MONITORING RFP – SUPERVISOR’S OFFICE
Sealed Request for 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 11:00 A.M., on Monday, May 27,

2011, for Alarm Monitoring at Town facilities throughout the Town.

8. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)

FIRE SPRINKLER SYSTEMS MAINTENANCE BID
Whereas, invitation to bid for Inspection/Testing Sprinkler Systems was duly advertised, and

Whereas, said bids were received and opened on April 11, 2011, with the bid amounts for the above-referenced project summarized as follows;

D & S Fire Protection Corp. $2,670.00

Simplex Grinnell LP $1,296.00

All State Sprinkler Corp. $2,850.00

S.R.I Fire Sprinkler Inc. $2,200.00

Whereas, the Superintendent of Environmental Conservation recommends to the Town Board that the bid be awarded to Simplex Grinnell LP. Now

Therefore Be It Resolved, that the bid for the Inspection/Testing Sprinkler Systems is awarded to Simplex Grinnell LP in the amount of $1,296.00.

COPIER MACHINE MAINTENANCE CONTRACTS BID

Whereas, the town solicited bids for the service and maintenance of town-wide copy machines, and

Whereas, said bids were opened Monday, April 18th, now,

Therefore, be it resolved, the town board hereby authorizes the Supervisor to contract with Eagle Business for copier service and maintenance on a cost per copy basis pursuant to the bid received from Eagle Business, the sole bidder. This contract will be in effect June 1, 2011 through May 31, 2012.

ASPHALT, CONCRETE AND LIQUID BITUMINOUS – HIGHWAY DEPARTMENT

WHEREAS, invitation to bid for Blacktop and Liquid Bituminous Materials for the Highway Department, was duly advertised, and

WHEREAS, said bids were received and opened on the 18th day of April, 2011, the bid amounts are summarized as follows:

Peckham Materials Thalle Industries

Asphalt Concrete Price per ton FOB
Type 1 Base $68.00 $71.00
Type 1 Base Warm Mix Spec. $68.00 $76.00
Type 3 Binder $68.00 $71.00
Type 3 Binder Warm Mix Spec. $68.00 $76.00
Type 6F3 Top $68.00 $73.00
Type 6F3 Top Warm Mix Spec. $68.00 $78.00
Type 5 Shim $75.00 $78.00
Curb Mix $80.00 $88.00

12.5 MM S/P Top $68.00 $78.00
19.0 MM S/P Binder $68.00 $76.00

Liquid Bituminous Price per gal
Materials

Penetration Asphalt $3.90 No Bid

Cationic CRS-S/ $3.25 No Bid
Emulsified Asphalt

RESOLVED, that upon the recommendation of the Superintendent of Highways, the bid for Blacktop and Liquid Bituminous Materials be and is hereby awarded to Peckham Materials Corp., as the lowest bidder.

9. RESOLUTIONS

REQUESTS FROM THE ASSESSOR
APPROVE TAX CERTIORARI SETTLEMENT FOR 342 DOWNING DRIVE

WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 37.18, Block 2, Lot 58, located at 342 Downing St, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 37.18-2-58, owned by Albert H. Padovani, for assessment roll years 2005, 2006, 2007, 2008, 2009 and 2010 be settled as set forth in the proposed stipulation as follows:

Roll AV AV
Year AV To Reduction
2010 $68,550 $67,100 $1,450
2009 $68,550 $67,100 $1,450
2008 $68,550 $64,050 $4,500
2007 $68,550 $60,100 $8,450
2006 $79,000 $59,300 $19,700
2005 $87,000 $87,000 $0

APPROVE TAX CERTIORARI SETTLEMENT FOR 1929 COMMERCE STREET

WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 37.18, Block 2, Lot 66, located at 1929 Commerce St, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 37.18-2-66, owned by Victor Bass ET AL, for assessment roll years 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009 be settled as set forth in the proposed stipulation as follows:

Roll AV AV
Year AV From Reduction
2009 $60,500 $53,350 $7,150
2008 $60,500 $50,900 $9,600
2007 $60,500 $46,050 $14,450
2006 $60,500 $45,450 $15,050
2005 $67,800 $47,850 $19,950
2004 $67,800 $49,200 $18,600
2003 $67,800 $49,200 $18,600
2002 $67,800 $51,300 $16,500

REQUEST FROM THE ENGINEERING DEPARTMENT:
RELEASE LANDSCAPE BOND - #2082
WHEREAS, Dan Ciarcia, as applicant, heretofore filed Landscape Bond #2082 in the amount of $300.00, for Lot #11, for his residence on Mohansic Avenue, which was deposited into the T-30 Account on May 26, 2000, and

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

RESOLVED, that Landscape Bond #2082 in the amount of $300.00 be and is hereby released to Mr. Dan Ciarcia, 2451 Mohansic Avenue, Yorktown Heights,
NY 10598.

RELEASE WETLAND APPLICATION FEE - #WP-056-10
WHEREAS, Drew Miller, as applicant, posted Check No. 135 in the amount of $300.00 on January 7, 2011, $200 of which was deposited into the T76 account and the remaining $100.00 was deposited into the A2116 account, to serve as the application fee for Wetland Permit #WP-056-10, for work performed at his Underhill Avenue site, and

WHEREAS, the Environmental Panel has reviewed the above referenced application and determined that a permit will not be necessary, and that $100.00 of the $300.00 ($200.00 is escrow) application fee may be released, NOW THEREFORE BE IT

RESOLVED, that the above-referenced fee in the amount of $100.00 be and is hereby released to Mr. Drew Miller, 629 Underhill Avenue, Yorktown Heights, NY 10598.

AUTHORIZE SUPERVISOR TO SIGN AN AGREEMENT WITH WSP SELLS FOR DESIGN & INSPECTION SERVICES – SHERMAN COURT BRIDGE CULVERT REPLACEMENT PROJECT
WHEREAS, structural analysis of the existing bridge as well as inspection
services will be needed during construction for the culvert replacement project,
NOW, THEREFORE BE IT

RESOLVED, that the Town Board authorizes the Town Supervisor to sign an agreement with WSP Sells for design services and periodic structural inspection
services, for the Sherman Court Bridge Culvert Replacement Project, for Lump Sum Cost of $18,200.00.

PERFORMANCE & EROSION CONTROL BOND FEE – CURRY NISSAN SITE PLAN – ROUTE 202
WHEREAS, B.F. Curry Realty, LLC, as applicant, provided the Town with JP Morgan Chase Bank Letter of Credit #CTCS918678, in the amount of $62,480.00, to serve as the Performance Bond for the Curry Nissan Site Plan located on Route 202,

WHEREAS, B.F. Curry Realty, LLC, as applicant, provided the Town with JP Morgan Chase Bank Letter of Credit #CTCS-918676, in the amount of
$10,000.00, to serve as the Erosion Control Bond for the Curry Nissan Site Plan,
and

WHEREAS, Curry Management Corp., as applicant, provided the Town with Check #7021108, in the amount of $5,798.00, to serve as the 8% Inspection Fee for the Curry Nissan Site Plan, NOW, THEREFORE BE IT

RESOLVED, that the above referenced monies are hereby accepted to serve as the required bonds and fee for the above referenced subdivision.

APPROVE BUDGET TRANSFERS – FINANCE DEPARTMENT –

Whereas, the following 2010 budget amendments exceed the Supervisor’s $10,000 limit, and

Whereas, upon recommendation of the Town Comptroller, the following budget adjustments are requested:

budget code budget code description Amount explanation
Increase
A.9950.0900 Transfer to capital 458,966.20 Fund approved projects
A 1002 Appropriated fund balance 458,966.20 Fund approved projects

Capital Projects
HO 5031 Comprehensive Plan 55,225.00 Fund current projects
HS 5031 Commerce Street 1,500.00 Fund current projects
HS2 5031 Commerce Streetscape Phase 2 61,574.00 Fund current projects
JN 5031 Patriot Garden 32,122.20 Fund current projects
JY 5031 Baptist/Old Crompond/Sherman 66,211.00 Fund current projects
JY2 5031 JV/E Main Streetscape-Sidewalks 242,334.00 Fund current projects
458,966.20
Increase
A 1420.437 Foreclosure/Sale Expenses 16,556.72 Self-explanatory
A 1420.439 Litigation Outside Counsel Fees 260,000.00 Self-explanatory
A 1420.439.1 Labor Non-Retainer 25,351.75 Self-explanatory
A 1420.443 Legal Settlements 80,268.72 Self-explanatory
A 9901.900 Transfer to Workers Comp 28,559.41 Fund 2010 activity
A 9901.901 Transfer to Liability 64,824.43 Fund 2010 activity
A 3410.101 Fire Salaries 12,241.62 Full time fire inspector
A 1002 Appropriated fund balance 487,802.65

C 1940.208 Open Space Land Purchase 2,711,380.00 Purchase Granite Knolls
C 9700.710 Open Space Interest Expense 2,582.10 Non-budgeted
C 1002 Open Space Appropriated Fund Bal 2,713,962.10

D 5112.200 Chips 95,184.20 Adjust to actual amt rec'd
D 5130.201 Equipment 72,203.88 Cover truck bodies
D 9901.900 Transfer to Workers Comp 37,021.75 Fund 2010 activity
D 9901.901 Transfer to Liability 34,341.52 Fund 2010 activity
D 5142.403 Snow Materials (100,604.35) Available Funds
D 5130.403 Machinery Materials (55,151.28) Available Funds
D 5140.101 Salaries (33,315.92) Available Funds
D 5140.201 Equipment (10,000.00) Available Funds
D 5142.105 Snow Overtime (30,509.37) Available Funds
D 5142.200 Snow Equipment (9,170.43) Available Funds

GB 9950.900 Transfer to Capital Projects Fund 86,080.00 Transfer remaining balance
GB 1002 Mohegan East App Fund Bal 86,080.00 Transfer remaining balance

SM 9901.900 ALS Transfer to Liability 12,441.93 Fund 2010 claim
SM 1002 ALS Appropriated Fund Balance 12,441.93 Fund 2010 claim

SR 9901.901 Special Refuse Trans to Workers Comp 56,331.33 Fund 2010 activity
SR 8160.450 Dumping Fees (56,331.33) Available Funds

SW 8310.101 Water District Salaries 63,505.82 Fund Superintendent Position
SW 9901.900 Transfer to Workers Comp 26,640.68 Fund 2010 activity
SW 8340.201 Equipment (90,146.50) Available Funds

A 909.5 Create reserve for energy grant 148,885.00
A 909.6 Create reserve for ballfield work 25,000.00

AUTHORIZE THE SUPERVISOR TO SIGN A LEASE RENEWAL AT THE YCCC WITH YORKTOWN TEEN CENTER, INC.
WHEREAS, Yorktown Teen Center Inc., a New York not-for-profit corporation (“Tenant”), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural Center as set forth in Schedule A of a proposed lease, which Schedule A is annexed hereto, and the Town of Yorktown wishes to lease such space to Tenant, and
WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and
NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQR”) and therefore no further review is required under SEQR; and be it
FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it
FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in The Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution.
AUTHORIZE THE PAYMENT FOR A PURCHASE DONE BY THE POLICE DEPARTMENT WITHOUT AN APPROVED PURCHASE ORDER

Resolved that the Finance Department is authorized to pay New England Uniform LLC the sum of $8,426.00 for body armor vests that were purchased by the Yorktown Police Department without an approved purchase order.

AUTHORIZE THE PAYMENT FOR WORK DONE ON A POLICE VEHICLE WITHOUT A PURCHASE ORDER

Resolved that the Finance Department is authorized to pay McCaffrey Signs the e sum of $ 660.00 for the installation of car graphics on a 1999 Ford Expedition 4x4 that was donated by the Yorktown Fire Department to the Yorktown Police and which was done without an approved purchase order.

AUTHORIZE SUPERVISOR TO SIGN AN AGREEMENT WITH POLICE REPORTS USA FOR ONLINE ACCESS TO YORKTOWN POLICE ACCIDENT REPORTS

RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Police Reports USA for an agreement covering Yorktown Police Department’s online access to Yorktown Police Accident Reports for three years commencing May, 2011, and shall provide that the charge per report shall be $6.00 of which $4.00 per report shall be paid by the Town to Police Reports USA and the other $2.00 retained by the Town

AUTHORIZE SUPERVISOR TO SIGN A RENEWAL GRANT APPLICATION FOR JUSTICE ASSISTANCE GRANT (JAG) FUNDS

RESOLVED, that the Town Supervisor is hereby authorized to sign a Justice Assistance Grant renewal application.

APPROVE AGREEMENT WITH AHA CONSULTING TO CREATE A COMMUNITY CALENDAR PAGE ON THE TOWN’S WEBSITE
BE IT HEREBY RESOLVED that the Town Board approves a single payment for an amount not to exceed $300.00 be paid to Aha Consulting, Inc. to provide an additional calendar on the Town of Yorktown website for the purpose of posting community events; and

BE IT HEREBY FURTHER RESOLVED that events posted on the community calendar shall comply with the Yorktown Event Sign Policy latest revision.

AUTHORIZE DAVID RAMBO TO ATTEND THE AMERICAN WATER WORKS ASSOCIATION TRAINING COURSE
WHEREAS, the Town Board updated the town conference attendance and trip policy on February 2, 2010,

WHEREAS, Distribution Superintendent, David Rambo, has requested authorization to attend a three day management training class sponsored by the American Water Works Association at a cost of $499.00 which includes all instruction workbook and handout materials; $260.00 for two day lodging; and approximately $60 per day for meals.

WHEREAS, SW8310.423 has sufficient funds to cover this training request.

RESOLVED, Town Board authorization is granted for David Rambo to attend this leadership class on May 4th, 5th and 6th in Long Island, NY.

APPROVE AMENDED RESOLUTION FOR CREATIVE LIVING
WETLANDS AND EXCAVATION PERMIT AND TREE PERMIT

RESOLVED, that the Town Board approves the modifications in form and content prepared by the Town Attorney to the April 5th resolution approving the Wetlands and Excavation Permit and Tree Permit for Creative Living Inc’s development that was transmitted to the Town Clerk by email on April 15 at 4:20PM.

10. VOLUNTEER BOARD APPOINTMENTS:

RESOLVED, that the Town Board re-appoints Galina Kanevsky to a three (3) year term on the Advisory Board of architecture and Community Appearance (ABACA) from March 1, 2011 to February 28, 2014.