Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
June 7, 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. APPOINTMENTS
Town Personnel:
Joseph Lewis – Water Department
Joseph A. Dell’Olio – Highway Department

Voluntary Boards:
ABACA
David M. McConnell

Tree Conservation Advisory Commission:
William Kellner
Ronald E. Buehl
Keith Schepart
Dale Saltzman
Richard Knapp

6. COURTESY OF THE FLOOR

7. PUBLIC HEARINGS
Reconvene:
• Request for a Wetlands Permit for construction of a single family
house, driveway, water, sewer and other utilities –
Zeal Construction – Parmly Road

Convene:
• Proposed local law amending various sections Chapter 45 – Ethics
and new Ethics Disclosure Statement
• Sherman Court Bridge Culvert Replacement Wetlands Permit

8. ADVERTISING
Bids/RFPs:
• Reject/Re-advertise audio visual equipment bid
• Asphaltic Concrete Laid In Place Bid
• Project Management for Demolition of the Holland Sporting Club
Buildings

9. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)
• T-shirts and Uniforms – Parks and Recreation Dept.

10. RESOLUTIONS
• Request from the Assessor:
Approve tax certiorari settlements for:
BT-Newyo, LLC (UPS)
1949 Commerce Street (7-Eleven)
1977 & 1983 Commerce Street (Friendly’s)

• Requests from the Engineering Department:
Release of Landscape Bond - #2250
Release of Erosion Control Bond - #WP112-04

• Requests from the Legal Department:
Authorize the Supervisor to sign agreements with
Westchester County to provide services to the elderly
(for the period January 1, 2011 to December 31, 2011)
Authorize the Supervisor to sign a lease on behalf of the Town of
Yorktown as tenant, with the Yorktown Community Nursery
School as landlord for use of their facilities at 247 Veterans Road
for the Parks and Recreation Department’s pre-school summer
camp program from July 5 through July 29

• Request from the Water Department:
Authorize the Supervisor to sign an agreement to enter into an on-line
auction for sale of unneeded town vehicles

• Request from the Planning Department:
Croton Overlook – Accept DEIS for completeness review

• Request from the Supervisor’s Office
Authorize the Supervisor to extend the services of Cary
Vigilante for cable services for a period of up to six months

11. MONTHLY REPORTS
• Building Department – Cost of Construction Report
May, 2011
12. REFUNDS
• Zoning Board of Appeals Fee
249 California Road

• Duplicate Taxes
Account # 1044060

13. COURTESY OF THE FLOOR

14. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: June 7, 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.

SUMMER OUTDOOR SCHEDULE

Legacy Ball Field – June 21, 2011

Sparkle Lake – July 5, 2011

Mohansic Golf Course – July 19, 2011 (On Restaurant terrace)

Shrub Oak Pool – August 2, 2011

BIDS PENDING
• Household Garbage Bid – July 14, 2011
• Generator Maintenance Contract – June 13, 2011
• YCCC Alterations – June 14, 2011
• Sherman Court Bridge Culvert Replacement Project
Capital Improvement Project #11-01- June 20, 2011
• Emergency Notification System RFP – June 10, 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

BIDS/RFPS WAITING TO BE AWARDED
• Appraisal Services - Residential (RFP) – Assessor
• Appraisal Services – Non Residential (RFP) – Assessor
• Alarm Monitoring RFP.

Town Board Meeting
June 7, 2011

5. APPOINTMENTS:

JOSEPH LEWIS – WATER DEPARTMENT
BE IT RESOLVED, that Joseph Lewis is hereby appointed Assistant Water Maintenance Foreperson, job class code 0611-01, from Eligible List No. 70-547, in the Water Department, effective June 8, 2011 to be paid from Yorktown CSEA Salary Schedule A, Group 13, Step 5 which is $65,416.00 annually;

BE IT RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks, commencing on the first date of appointment on June 8, 2011.

JOSEPH A. DELL’OLIO – HIGHWAY DEPARTMENT
BE IT RESOLVED, that Joseph A Dell’Olio, is hereby appointed Motor Equipment Operator, job class code 0427-02, in the Highway Department, effective June 8, 2011 to be paid from Yorktown CSEA Salary Schedule A, Group 10, Step 1 which is $45,968.00 annually;

BE IT RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks, commencing on the first date of appointment on June 8, 2011.

VOLUNTARY BOARDS:

DAVID M. MCCONNELL – ABACA
BE IT RESOLVED, that David M. McConnell is hereby appointed as an alternate member of the Advisory Board of Architecture & Community Appearance for a three year term expiring 9/30/2012, to fulfill the unfinished term of Michael Piccirilli.

WILLIAM KELLNER – TREE CONSERVATION ADVISORY COMMISSION
BE IT RESOLVED, that William Kellner is hereby reappointed as a member of the Tree Conservation Advisory Commission for a three year term expiring on 5/31/14. William Kellner is also appointed Chairman of the Tree Conservation Commission.

RONALD E. BUEHL - TREE CONSERVATION ADVISORY COMMISSION
BE IT RESOLVED, that Ronald E. Buehl is hereby reappointed as a member of the Tree Conservation Advisory Commission for a two year term expiring on 5/31/13.
KEITH SCHEPART - TREE CONSERVATION ADVISORY COMMISSION
BE IT RESOLVED, that Keith Schepart is hereby reappointed as a member of the Tree Conservation Advisory Commission for a three year term expiring on 5/31/14.

DALE SALTZMAN - TREE CONSERVATION ADVISORY COMMISSION
BE IT RESOLVED, that Dale Saltzman is hereby reappointed as a member of the Tree Conservation Advisory Commission for a two year term expiring on 5/31/13.

RICHARD KNAPP - TREE CONSERVATION ADVISORY COMMISSION
BE IT RESOLVED, that Richard Knapp is hereby reappointed as an alternate member of the Tree Conservation Advisory Commission for a one year term expiring on 6/31/12.

8. ADVERTISING:
REJECT/RE-ADVERTISE AUDIO VISUAL EQUIPMENT BID
WHEREAS, invitation to bid for the furnishing and delivering of Audio Visual Equipment for the Town Meeting Room was duly advertised, and

WHEREAS, only one bid was received, and

WHEREAS, the Town Supervisor has recommended the bid be rejected and that the matter be rebid on the 7th day of June, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York 10598, now therefore be it

RESOLVED, that the bid received for the furnishing and delivering of Audio Visual Equipment for the Town Meeting Room be rejected, and be it

FURTHER RESOLVED, that the matter be rebid with a return date of June 24, 2011 at 2:00PM o clock at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York 10598.

RE-ADVERTISE BID AUDIO VISUAL EQUIPMENT
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 2:00 P.M., on Friday, June 24, 2011, for the furnish and delivering of Audio Visual Equipment for Town Meeting Room.

Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.

The bidder assumes the risk of any delay in the mail or in the handling of mail by the employees of the Town of Yorktown. Whether sent by mail or means of personal delivery, the bidder assumes the responsibility for having bids in on the time and the place specified above.

The Town of Yorktown reserves the right to waive any informalities in the bids, to reject any or all bids and reserves the right to accept that bid which it deems most favorable to the interests of the Town of Yorktown. No bidder may withdraw his bid within thirty (30) days after the actual date of the opening thereof.

If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address.

ADVERTISE BID FOR ASPHALTIC CONCRETE LAID IN PLACE
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
July 5, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for Asphaltic Concrete Laid in Place Bid. Specifications may be obtained at the office of the Town Clerk in said Town Hall.

The Bidder assumes the risk of any delay in the mail or in the handling of the mail by the employees of the Town of Yorktown. Whether sent by mail or means of personal delivery, the Bidder assumes the responsibility for having the bids in at the time and the place specified above. All bids are to be returned to the Town Clerk, 363 Underhill Avenue, Yorktown Heights, NY 10598, marked: “Bid: Asphaltic Concrete Laid in Place Bid. The Superintendent of Highways reserves the right to reject any and all bids and to accept that bid which is deemed most favorable to the interests of the Town of Yorktown.

PROJECT MANAGEMENT FOR DEMOLITION OF THE HOLLAND SPORTING CLUB
The Town of Yorktown is seeking proposals from qualified individuals and firms interested in providing Project Management for the demolition of 3 buildings and 7 small bungalows at the Holland Sporting Club located on Horton Road, Mohegan Lake, New York.

Specifications may be obtained at the office of the Town Clerk at said Town Hall, Yorktown Heights, NY during regular office hours.

All completed proposals must be received in the Office of the Town Clerk, 363 Underhill Ave., Yorktown Heights, NY 10598, no later than 2:00 p.m., June 24, 2011. The Town is not responsible for any internal or external delivery delays, which may cause the RFP to arrive beyond the deadline. An original plus three copies of the proposal must be submitted. No materials will be accepted after the deadline.

The Town Board reserves the right to reject any or all proposal and to accept that proposal which it deems most favorable to the interests of the Town of Yorktown.

9. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)
T-SHIRTS AND UNIFORMS – PARKS & RECREATION DEPARTMENT
WHEREAS, invitation to bid for T-SHIRT AND UNIFORMS for use town-wide, was duly advertised, and
WHEREAS said bids were received and opened at 11:00am on the 16th day of May, 2011,
WHEREAS, one late bid was received from Viatran Inc., stamped received by the Town Clerk’s Office on Monday, May 16, 2011, now therefore be it,

RESOLVED, that upon the recommendation of the Supt. of Parks & Recreation, the bid be and is hereby awarded to the Create My Tee, the low bidder for all items.

BE IT FURTHER RESOLVED, these items will be ordered on a per item basis.

10. RESOLUTIONS:
APPROVE CERTIORARI SETTLEMENTS – BT-NEWYO (UPS)
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 48.07, Block 1, Lot 3, located at 1785 Front Street, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 48.07-1-3, Account Number 4456501, owned by BT-NEWYO, LLC, for assessment roll years 2004, 2005, 2006, 2007, 2008, 2009 and 2010 be settled as set forth in the proposed stipulation as follows:
Roll AV AV AV
Year From To Reduction
2010 $84,000 $84,000 $0
2009 $84,000 $84,000 $0
2008 $84,000 $84,000 $0
2007 $100,000 $93,550 $6,450
2006 $100,000 $95,450 $4,550
2005 $100,000 $100,000 $0
2004 $100,000 $100,000 $0

APPROVE CERTIORARI SETTLEMENTS – 1949 COMMERCE STREET (7-ELEVEN)
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 37.14, Block 2, Lot 61, located at 1949 Commerce St, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 37.14-2-61, Account
Number 3631000, owned by 1949 Commerce St, LLC, for assessment roll years 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010 be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2010 $18,600 $17,450 $1,150
2009 $18,600 $16,500 $2,100
2008 $18,600 $16,800 $1,800
2007 $18,600 $15,750 $2,850
2006 $18,600 $15,600 $3,000
2005 $18,600 $17,250 $1,350
2004 $18,600 $18,600 $0
2003 $18,600 $18,600 $0
2002 $26,000 $19,100 $6,900
2001 $26,000 $23,900 $2,100
2000 $26,000 $25,000 $1,000

APPROVE CERTIORARI SETTLEMENTS – 1977 & 1983 COMMERCE STREET (FRIENDLY’S)
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcels known as Section 37.14, Block 2, Lot 67, located at 1983 Commerce St and parcel know as Section 37.14, Block 2, Lot 68, located at 1977 Commerce St, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 37.14-2-67, Account Number 3629000, owned by 1983 Commerce Realty, LLC and tax parcel 37.14-2-68, Account Number 3628500, owned by Friendly’s Ice Cream Corp., for assessment roll years 2004, 2005, 2006, 2007 and 2008, be settled as set forth in the proposed stipulation as follows:

SBL 37.14-2-67

Roll AV AV AV
Year From To Reduction
2008 $15,150 $13,850 $1,300
2007 $15,150 $13,000 $2,150
2006 $15,150 $12,600 $2,550
2005 $15,150 $13,650 $1,500
2004 $15,150 $13,900 $1,250

SBL 37.14-2-68

Roll AV AV AV
Year From To Reduction
2008 $7,150 $6,550 $600
2007 $7,150 $6,150 $1,000
2006 $7,150 $5,950 $1,200
2005 $7,150 $6,450 $700
2004 $7,150 $6,550 $600

RELEASE LANDSCAPE BOND #2250
WHEREAS, Lisa Teevens, as applicant, heretofore filed Landscape Bond #2250 in the amount of $300.00, for Lot #120.1 for her residence on Mead Street, which was deposited into the T-30 Account on October 3, 2003, 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 #2250 in the amount of $300.00 be and is hereby released to Ms. Lisa Teevens, 3029 Mead Street, Yorktown Heights, NY 10598.

RELEASE EROSION CONTROL BOND #WP112-04
WHEREAS, John Hufnagel, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 Account on September 23, 2004, covering Wetland Permit #112-04, for work performed at his Gomer Street 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 control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $300.00 be and is hereby released to Mr. John Hufnagel, 3635 Gomer Street, Yorktown Heights, NY 10598.

AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH WESTCHESTER COUNTY TO PROVIDE SERVICES TO THE ELDERLY
RESOLVED, that the Town Supervisor is hereby authorized to sign two agreements with Westchester County to provide services to elderly residents of the County, to be funded through NYS Office for the Aging grants to the County under Titles III-B, III-C1 and III C2 of the Older Americans Act, for the provision of social, transportation and nutrition services to seniors through grant funds provided by Westchester County. The term of the agreements are January 1, 2011 through December 31, 2011.

AUTHORIZE SUPERVISOR TO SIGN A LEASE ON BEHALF OF THE TOWN OF YORKTOWN AS TENANT WITH THE YORKTOWN COMMUNITY NURSERY SCHOOL AS LANDLORD FOR USE OF THEIR FACILITIES AT 247 VETERANS ROAD FOR PARKS & RECREATION DEPARTMENTS PRE-SCHOOL SUMMER CAMP PROGRAM FROM JULY 5 THROUGH JULY 29

AUTHORIZE SUPERVISOR TO SIGN AN AGREEMENT TO ENTER AN ON-LINE AUCTION FOR SALE OF UNNEEDED TOWN VEHICLES
Resolved, that the Supervisor is authorized to sign an agreement with Auctions International to sell surplus Town vehicles and equipment at an online auction at no cost to the Town.

CROTON OVERLOOK – ACCEPT DEIS FOR COMPLETENESS REVIEW
WHEREAS, the Town Board of the Town of Yorktown (“Town Board”) received a Verified Petition dated June 10, 2010, from Croton Overlook Corporation (“Petitioner”), as owner of a parcel identified as certain real property, comprised of 62.33 acres located east of the intersection of NYS Routes 134 and 100, designated on the Town Tax Map as parcels 70.15-1-2 and 70.11-1-16 (“Property”), seeking to change the zoning of the Property from R1-80 to RSP-1 in order to construct age restricted fee simple housing units; and

WHEREAS, on June 15, 2010 the Town Board declared its intent to act as the lead agency in connection with all processing procedures, determinations, and findings to be made or conducted with respect to the petition for rezone of Croton Overlook Corporation under Section 8-0101, et. seq., of the Environmental Conservation Law ("SEQRA") and the regulations promulgated by the New York State Department of Environmental Conservation thereunder, which appear at 6 N.Y.C.R.R. Part 617 ("SEQRA Regulations"); and

WHEREAS, the Town Board thereafter: (i) declared lead agency status in connection with the SEQRA review of the Project, and commenced review of the proposed Project in accordance with 6 N.Y.C.R.R. 617.6(b)(3); (ii) determined that the proposed action may have a significant adverse effect on the environment and required that a Draft Environmental Impact Statement ("DEIS") be prepared; (iii) directed that a public scoping session be held at its February 15, 2010 regular meeting, in accordance with 6 N.Y.C.R.R. 617.8; and (iv) directed that a written notice of its determination of significance and notice of the public scoping session, together with a draft DEIS Scoping Outline, be sent to all involved and interested agencies as well as made available to all known individuals and organizations which had expressed an interest to the Town Board concerning the Project; and

WHEREAS, a DEIS Scoping Outline was prepared in accordance with 6 N.Y.C.R.R. 617.8 and accepted by the Town Board by resolution at its regular meeting of April 12, 2011; and

WHEREAS, Croton Overlook Corporation has prepared and submitted a preliminary DEIS for the Town Board’s review to determine its completeness as required by the accepted final written scope and its adequacy for public review in accordance with
6 N.Y.C.R.R. 617.9 (a) (2); and

NOW THEREFORE BE IT RESOLVED that the Town Board hereby accepts the preliminary DEIS to determine its completeness and adequacy in accordance with
6 N.Y.C.R.R. 617.9 (a) (2).

AUTHORIZE SUPERVISOR TO EXTEND THE SERVICES OF CARY VIGILANTE FOR CABLE SERVICES FOR A PERIOD OF UP TO 6 MONTHS
Resolved, that the Town Board authorizes the Supervisor to extend the services of Cary Vigilante for cable services for a period of up to six months at a rate of $500 per month.

REFUND ZONING BOARD OF APPEALS FEE
RESOLVED, that the Town Board approves a refund in the amount of $210.00 be made to Frank Davoli, 249 California Road, Yorktown Heights, NY 10598 for a Zoning Board of Appeals variance fee that was determined to be not required.