Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
SEPTEMBER 6, 2011

PLACE: TIME:
TOWN HALL 7:30pm

The Town Board will begin tonight’s meeting by holding a one hour work session in the Supervisor’s Office beginning at 6:30PM

WORK SESSION:
Proposed changes to zoning ordinance dealing with accessory structures
Verizon issues and RFP for telecommunications services
ZBA escrow fee. Update on costs to Town
Sidewalk snow removal: Criteria for inclusion of neighborhoods in the snow
Removal district
Tax Certiorari Settlements
Hurricane Irene Resolution

BOARD MEETING:

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. PROCLAMATION
• Ms. Westchester

4. REPORT ON HURRICANE IRENE

5. REPORT FROM SUPERVISOR SUSAN SIEGEL

6. REPORTS FROM TOWN COUNCIL

7. APPROVE MINUTES FROM - 8/2/2011 Meeting

8 COURTESY OF THE FLOOR

9. PUBLIC HEARINGS
• Proposed local law amending Chapter 300 of the Zoning Code
relating to the rezoning of the Village Traditions Site
• Proposed local law amending the Zoning Code of the Town of Yorktown by adding warehouses to the list of permitted uses with a Special Permit in a C-1 Zone
• Proposed Local law amending Chapter 275 of the Code of the Town of Yorktown adding Wood Street to the list of streets restricting trucks in excess of 5,000 lbs
• Proposed Local Law amending Chapter 260 of the Code of the Town of Yorktown relating to Installment Agreements for Delinquent Real Property Taxes

10. ADVERTISING
Public Hearings – October 4, 2011
• Proposed Local Law Creating Chapter 102 establishing a new Affordable
Housing Program
• Requests from property owners seeking relief on the basis of hardship from the Temporary Moratorium on Approvals for Buildings Accessory to Residences Sanganoo – 1869 Andre Place
Silverman – 1360 Whitehill Road
Sepa – 3270 Lincoln Drive

Request for Proposals:
• Telecommunication services

11. PERSONNEL
Appointments:
• Maria De Lourdes Valdes - Assistant Court Clerk

12. RESOLUTIONS
• Request from the Assessor
Approve Tax Certiorari Settlements for:
Jefferson Village Condo III
Jefferson Valley Mall
1401 Front Street Associates

• Requests from the Engineering Dept.
Wetland Bond Release
Howard – Chestnut Court - #WP-078-05

Requests from the Finance Department:
Approve increase in CHIPS
Approve credit line authorization

• Request from the Highway Superintendent
Release Escrow for:
Street Opening Permit - #010-005 - $1,000.00

• Requests from the Legal Department:
Authorize the Supervisor to sign an inter-municipal agreement with
Westchester County to authorize the Yorktown Police Department
to participate in the County’s STOP-DWI Patrol Project
Authorize the Supervisor to send a letter to Verizon notifying them
that they are in default of their contract
• Amend contract for Town Prosecutor

• Requests from the Supervisor
Approve funding agreement between the East of Hudson Corporation
and the NYC DEP
Approve in concept an IMA with Westchester County for the distribution
of approximately $10 Million in the East of Hudson Fund for
Stormwater Retrofit Programs
Authorize the Supervisor to sign an agreement with Gov-Pay to provide
for credit card payments

13. REFUNDS
Receiver of Taxes for
Duplicate Tax Payments:
Account #1234500 $ 2,799.42
Account #1357500 $ 2,968.13
Account #2504500 $ 4,453.65
Account #0392500 $ 2,186.04

Northern Westchester Joint Water Works:
Account #41-1501013 $1,862.40

Building Dept. – Refund of ZBA Application Fee
1869 Andre Place - Section 37.19, Block 2, Lot 10
$210.00

14. MONTHLY REPORTS
Receiver of Taxes – July Reports
Building Department – July Permit Report
- August Cost of Construction Report

15. COURTESY OF THE FLOOR

16. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: September 6, 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.

SEPTEMBER 20, 2011 – PUBLIC HEARINGS
• Proposed local law amending Chapter 300 of the Zoning Code with
respect to Article IV entitled General Regulations, “pertaining to
fence heights”
• Proposed Local Law amending Chapter 205 of the Code of the Town of Yorktown entitled “Notification of Proposed Land Use Activity or Regulation with regard to the height of the notification signs
• Proposed local law amending Chapter 275 creating a Park Zone
and adding a stop sign at Strang Blvd and Woodland Drive (Legacy
Ball Field)

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 PENDING
• 2012 Mack Granite GU813 chassis and Leach 2Rlll Rear Loading Body
• Water Meter
• Parks Dept. Truck

Town Board Meeting
September 6, 2011

10. ADVERTISING
Public Hearings:
PROPOSED LOCAL LAW CREATING CHAPTER 102 ESTABLISHING A NEW AFFORDABLE HOUSING PROGRAM
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 4th day of October, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard for the purpose of enacting Chapter 102 of the Code of the Town of Yorktown entitled “AFFORDABLE HOUSING,” establishing a new Affordable Housing Program.

A copy of the Local Law is on file in the Office of the Town Clerk, Town of Yorktown, 363 Underhill Avenue, Yorktown Heights, New York, where it is a public record, available for inspection during regular office hours.

A copy of the Local Law may also be seen on the Town of Yorktown’s website
www.yorktownny.org

All persons in interest and citizens will be heard at the public hearing to be held as aforesaid.

Requests from property owners seeking relief on the basis of hardship from the Temporary Moratorium on Approvals for Buildings Accessory to Residences
Public Hearings – October 4, 2011:

SANGANOO – 1869 ANDRE PLACE
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 4th day of October, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard to consider the application of Robert Sanganoo seeking relief from the Moratorium pursuant to Local Law #8/2011 in order to complete the process to be granted a variance for an accessory detached structure on their residence known on the Yorktown Tax Map as 37.19-2-10.

A copy of said application 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.

SILVERMAN – 1360 WHITEHILL ROAD
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 4th day of October, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard to consider the application of Paul and Jennifer Silverman seeking relief from the Moratorium pursuant to Local Law #8/2011 in order to complete the Building Department’s review process for an accessory detached structure to their residence known on the Yorktown tax map as 36.10-1-80.

A copy of said application 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.

SEPA – 3270 LINCOLN DRIVE
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 4th day of October, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard to consider the application of Luis and Debbie Sepa seeking relief from the Moratorium pursuant to Local Law #8/2011 in order to begin the Building Department’s review process for an accessory detached structure to their residence known on the Yorktown Tax Map as 15.20-1-15.

A copy of said application 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..

Request for Proposals:
TELECOMMUNICATION SERVICES
Resolved, that the Town Clerk is authorized to advertise a Request for Proposals (RFP) for Telecommunications Services after September 27, 2011, subject to Town Attorney approval following a response from Verizon to a Notice of Service Failures.

11. PERSONNEL
Appointments:
ASSISTANT COURT CLERK
BE IT RESOLVED, that Maria De Lourdes Valdes of Ossining, NY, is hereby appointed Assistant Court Clerk, job class code 0050-01, effective September 26th, 2011, to be paid from Yorktown CSEA Salary Schedule A1, Group 8, Step 1, which is $44,993.00 annually, with benefits, such as, sick days, personal days, and floating holidays to follow the CSEA agreement,

BE IT RESOLVED, contingent upon Westchester County’s approval of your transfer,

BE IT RESOLVED, contingent upon successful completion of a drug test,
BE IT RESOLVED, that Maria De Lourdes Valdes will report to work at the Yorktown Town Court on September 26th, 2011, and this date will be used as the first date of appointment,

BE IT FURTHER 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 September 26th, 2011.

12. RESOLUTIONS

Approve Tax Certiorari Settlements for:
JEFFERSON VILLAGE CONDO III
WHEREAS, tax certiorari proceedings were instituted by Jefferson Village III Condominiums, challenging the aggregate assessment for Section 5.19, Block 1, Lots 14.-101 thru 14.-610, totaling 127 individual, located in the Jefferson Village Condominium Complex, on the Tax Map of the Town of Yorktown, and

WHEREAS, the 127 individual condominium assessments will be determined by its percent share of the aggregate value, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting the aggregate value of Jefferson Village III Condominiums, as stated above, 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 Proposed
Year From To Reduction
2010 $413,600 $341,150 $72,450
2009 $413,600 $325,600 $88,000
2008 $413,600 $327,550 $86,050
2007 $413,600 $307,300 $106,300
2006 $413,600 $315,550 $98,050
2005 $413,600 $356,950 $56,650

Approved by the Town Board upon condition that all taxes are paid.

JEFFERSON VALLEY MALL
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 16.12, Block 1, Lot 24, located at Route 6 and Lee Blvd., on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 16.12-1-24, Account Number 1884000, owned by Jefferson Valley Mall LTD, Route 6 and Lee Blvd., 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 Proposed
Year From To Reduction
2004 2,000,000 2,000,000 0
2005 2,000,000 2,000,000 0
2006 2,000,000 1,915,300 84,700
2007 2,000,000 1,837,100 162,900
2008 2,000,000 1,960,600 39,400
2009 2,000,000 1,835,600 164,400
2010 2,000,000 1,833,100 166,900

Approved by the Town Board upon condition that all taxes are paid.

1401 FRONT STREET ASSOCIATES
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 48.11, Block 1, Lot 52, located at 1401 Front Street, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 48.11-1-52, Account Number 4456510, owned by 1401 Front Street Assoc., 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 $159,400 $155,600 $3,800
2009 $159,400 $140,650 $18,750
2008 $159,400 $159,400 $0
2007 $159,400 $159,400 $0
2006 $159,400 $124,900 $34,500
2005 $159,400 $135,600 $23,800
2004 $159,400 $142,100 $17, 300

Approved by the Town Board upon condition that all taxes are paid.

Wetland Bond Release
HOWARD – CHESTNUT COURT - #WP-078-05
WHEREAS, Melanie Howard, as applicant, posted Check No. 1113 in the amount of
$350.00, which was deposited into the T33 account on December 16, 2005, to serve as the
Wetland Bond for Wetland Permit #WP-078-05, for work performed at her Chestnut Court
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 $350.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-referenced Wetland Bond in the amount of $350.00 be and is hereby released to Ms. Melanie Howard, 361 Chestnut Court, Yorktown Heights, NY 10598.

APPROVE INCREASE IN CHIPS
Whereas, the Highway Department has received notification from New York State Department of Transportation regarding the 2011 funding, and

Whereas, the amount approved for the Town of Yorktown from NYS DOT is $307,539.35, and

Whereas, the “CHIPS” line in the 2011 budget was estimated at $240,000, and

Whereas, in order to utilize the full amount of the funding the town must first spend the full amount, now,

Therefore, Be It Resolved, the following 2011 budgetary increase is hereby approved:

Increase: D 3501 State Aid Chips $67,539.35
Increase: D 5112.200 Chips $67,539.35

APPROVE CREDIT LINE AUTHORIZATION
Whereas, under General Municipal Law, pre-payment for goods or services is prohibited, and as such, all vendors must supply the Town with credit, and

Whereas, the Town of Yorktown is a town of the first class with the position of Comptroller, and

Whereas, under Section 34 of Town Law, the Comptroller is responsible for approving all receipts and disbursements, and accordingly, the Comptroller monitors the credit needs of the Town, now,

Therefore, Be It Resolved, the Town Board hereby authorizes the Comptroller as the approval authority for all credit applications, including those credit lines using identification cards.

Release Escrow for:
STREET OPENING PERMIT - #010-005 - $1,000.00
RESOLVED, that an escrow deposit for Street Opening Permit #010-005 in the
amount of $1,000.00 be released to Anthony I. Celio, 415 Birdsall Drive, Yorktown
Heights, NY.

AUTHORIZE THE SUPERVISOR TO SIGN AN INTER-MUNICIPAL
AGREEMENT WITH WESTCHESTER COUNTY TO AUTHORIZE THE
YORKTOWN POLICE DEPARTMENT TO PARTICIPATE IN THE COUNTY’S
STOP-DWI PATROL PROJECT
RESOLVED, that the Town Supervisor is hereby authorized to sign an intermunicipal agreement with COUNTY OF WESTCHESTER, acting by and through its Department of Public Safety Services, to authorize the Yorktown Police Department to participate in the County’s STOP-DWI Patrol Project. The term of the agreement is five (5) years, commencing on January 1, 2011 and expiring on December 31, 2015. Pursuant to this agreement, the Town shall have the right to reimbursement from the County for up to $8,400 per year for additional, overtime, DWI road patrol enforcement provided by the Police Department, in accordance with the terms of the agreement.

AUTHORIZE THE TOWN ATTORNEY TO SEND A LETTER TO VERIZON NOTIFYING THEM THAT THEY ARE IN DEFAULT OF THEIR CONTRACT
RESOLVED, that the Town Attorney is directed to send a Notice of Service Failures to Verizon concerning Verizon’s significant and recurrent breaches of the Town’s contract.

AMEND CONTRACT FOR TOWN PROSECUTOR
RESOLVED, that the Town Supervisor is hereby authorized to sign a Third Amendment to the Agreement between the Town and Ingrid O’Sullivan, Esq., dated July 23, 2010, as amended on April 18, 2011 and August 12, 2011, providing for compensation for special projects. The Third Amendment shall be retroactive to July 1, 2011. All other terms of the Agreement, as amended, shall remain unchanged.

REQUESTS FROM THE SUPERVISOR
APPROVE FUNDING AGREEMENT BETWEEN THE EAST OF HUDSON
CORPORATION AND THE NYC DEP
WHEREAS, the [Town/Village/County] of ________ is a member of the East of Hudson Coalition (“EOH Coalition”), an association of municipalities located in the New York City watershed east of the Hudson River (“EOH Watershed”); and

WHEREAS, the [Town/Village/County] of ________ and the other members of the EOH Coalition are individually subject to General Permit GP-0-10-002 for Municipal Separate Storm Sewer Systems, pursuant to which municipalities are required to implement stormwater retrofits and encouraged to participate in a regional stormwater retrofit plan; and

WHEREAS, the EOH Coalition was successful in negotiating on behalf of its members Special Condition 34 of the Water Supply Permit issued by the Department of Environmental Conservation on December 24, 2010 (“2010 WSP”), which requires New York City (the “City”) to provide $15.5 million to the EOH communities to help fund implementation of their regional stormwater retrofit plans; and

WHEREAS, the EOH Coalition has negotiated a draft agreement with the City (the “Funding Agreement”) which will enable the City to transfer the $15.5 million provided for in the 2010 WSP and the $4.5 million provided for in the 2007 Filtration Avoidance Determination to the East of Hudson Watershed Corporation, when formed; and

WHEREAS, upon formation of the East of Hudson Watershed Corporation, the Board of Directors thereof will have the responsibility of reviewing and approving the final draft of the Funding Agreement; and

WHEREAS, it is in the best interest of the [Town/Village/County] to have the East of Hudson Watershed Corporation enter into the final draft of the Funding Agreement on behalf of the EOH Watershed communities;

NOW THEREFORE BE IT RESOLVED, that the [Town/Village/County] of __________________ approves the Funding Agreement and recommends to the Board of Directors of the East of Hudson Watershed Corporation, when formed, that the Corporation enter into the Funding Agreement substantially the same in form and substance as the July 12, 2011 draft.

APPROVE IN CONCEPT AN IMA WITH WESTCHESTER COUNTY FOR THE DISTRIBUTION OF APPROXIMATELY $10 MILLION IN THE EAST OF HUDSON FUND FOR STORMWATER RETROFIT PROGRAMS
Resolved that that Supervisor is authorized to execute an Intermunicipal Agreement (IMA) with Westchester County, in substantially the same form as draft IMA dated 8/17/11, a copy of the draft IMA shall be filed with the Town Clerk, that will disburse $10 million of East of Hudson (EOH) WQIP funds to the CKWIC municipalities, of which Yorktown is one, for the purpose of funding stormwater retrofit projects.

AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH GOV-PAY TO PROVIDE FOR CREDIT CARD PAYMENTS
RESOLVED, that the Supervisor is authorized to sign an agreement with Merchant MultiService, LLC (MMS,or, dba: Gov-Pay), to provide financial transaction services to permit payment by credit card, debit card and electronic checks for town fees and taxes, at no cost to the Town.

13. REFUNDS
Northern Westchester Joint Water Works:
ACCOUNT #41-1501001-3 - $1,862.40
RESOLVED, that the Town Board approves a refund in the amount of $1,862.40 be made to Mohegan Lake Motors, 1744 East Main Street, Mohegan Lake, NY 10547, Account #41-1501001-3, representing a duplicate water bill payment.

BUILDING DEPT. – REFUND OF ZBA APPLICATION FEE
1869 ANDRE PLACE - SECTION 37.19, BLOCK 2, LOT 10 - $210.00
RESOLVED, that the Town Board approves a refund in the amount of $210.00 be made to Robert S. Sanganoo, 1869 Andre Place, Yorktown Heights, NY 10598 for a Zoning Board of Appeals variance fee which was withdrawn due to the Moratorium.