Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
OCTOBER 4, 2011

PLACE: TIME:
JOHN C. HART LIBRARY 6:30pm

The Town Board will begin tonight’s meeting at 6:30PM, 15 Minutes earlier than usual. They will immediately go into Closed Session to discuss litigation

BOARD MEETING: Starting at 7:30PM

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR SUSAN SIEGEL

4. REPORTS FROM TOWN COUNCIL

5. APPROVE MINUTES FROM – September 20, 2011 Meeting

6. PROCLAMATION

• German American Day

7. COURTESY OF THE FLOOR

8. PUBLIC HEARINGS
• 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

• Proposed Local Law Creating Chapter 102 establishing a new Affordable
Housing Program

9. ADVERTISING
Public Hearing – October 18th
• Proposed local law repealing section 216-10 entitled “Peace and Good Order, pertaining to snow removal and to enact a new article entitled “Snow and Ice Removal” in Chapter 250

10. RESOLUTIONS
• Requests from the Engineering Department:
Bond and Fee Acceptance:
RCB Minor Subdivision: Old Crompond Rd., Erosion Control Bond
and Inspection Fee
Bond Releases:
#E-088-05 – Colonial Street – Erosion Control Bond and
Inspection Fee
#WP-045-11 – Meadowcrest Drive – Wetland Bond
#E-039-10 – Baldwin Road – Erosion Control Bond
#2347 – Landscape Bond – Springhurst Street

• Request from the Highway Dept.
Driveway Permit #1182 - $500.00

• Requests from the Legal Department:
Authorize the Town Attorney to send a Notice of Default and
Termination to Verizon
Authorize the Supervisor to execute a Stipulation Consenting to
Electronic Filing with Taxpayers who file Small Claims
Assessment Review petitions
Amend Yorktown Farms Resolution No. 111 dated February 27, 2007
Release Police Car that was deemed a total loss to the Insurance Co.

• Requests from the Supervisor:
Accept donation from Yorktown Central School District of
Melbourne House artifacts

• Requests from the Town Board:
Family Values

11. REFUNDS
Building Department:
794 Barberry Road - Variance Refund - $210.00

Duplicate Taxes:
Account #0541622 $1,699.50
Account #4875240 $ 6,060.54

12. MONTHLY REPORTS - Building Dept. – September Permit Estimated Cost
Of Construction Report
13. COURTESY OF THE FLOOR

14. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN
DATED: October 4, 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.

PUBLIC HEARINGS STATUS

Adjourned after Public Hearing on September 20, 2011
• 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 275 creating a Park Zone
and adding a stop sign at Strang Blvd and Woodland Drive (Legacy
Ball Field)

Decision Pending:
• Proposed local law amending Chapter 275 -4 Parking, A-No
Parking Zone -adding an additional section of Veterans Road

BIDS/RFPS PENDING
• Channel Voice Recording Device – Police Department
Return Date – October 14, 2011
• Sludge & Grease Removal at the Yorktown Heights Sewage
Treatment Plant, Bid #11-03 – Return Date – October 11, 2011
• Various Chemicals for the Yorktown Heights Sewage Treatment
Plant Bid #11004 – Return Date – October 11, 2011
• Automotive Fluids – Central Garage – Return Date – October 14, 2011
• IT Services – Return Date - October 20, 2011
• 2012 Mack Granite GU813 chassis and Leach 2Rlll Rear Loading Body
Return Date – October 17, 2011

BIDS/RFPS – Town Clerk awaiting specifications
• Parks Dept. Truck

Town Board Meeting
October 4, 2011

8. PUBLIC HEARINGS

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
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the John C. Hart Memorial Library, 1130 East Main Street, Shrub Oak, 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.

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 John C. Hart Memorial Library, 1130 East Main Street, Shrub Oak, 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.

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 John C. Hart Memorial Library, 1130 East Main Street, Shrub Oak, 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.

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 John C. Hart Memorial Library, 1130 East Main Street, Shrub Oak, 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.

9. ADVERTISING

PROPOSED LOCAL LAW REPEALING SECTION 216-10 ENTITLED “PEACE AND GOOD ORDER”, PERTAINING TO SNOW REMOVAL AND TO ENACT A NEW ARTICLE ENTITLED “SNOW AND ICE REMOVAL” IN CHAPTER 250
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, NY 10598 on the 18th day of October, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider Repealing Section 216-10 of the Code of the Town of Yorktown, in the chapter entitled “PEACE AND GOOD ORDER,” pertaining to snow removal, and to enact a new article entitled “Snow and Ice Removal” in chapter 250, entitled “STREETS AND SIDEWALKS,” creating snow removal districts.

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.

10. RESOLUTIONS

RCB MINOR SUBDIVISION: OLD CROMPOND ROAD - EROSION CONTROL BOND AND INSPECTION FEE
WHEREAS, Rich Bartzick (RCB Development), as applicant and developer, provided the Town with Check No. 1067 in the amount of $5,000.00, to serve as the Erosion Control Bond for the RCB Development Minor Subdivision located on Old Crompond Road, and

WHEREAS, Rich Bartzick (Amberlands Realty Corp.), as applicant and developer, provided the Town with Check #6075, in the amount of $4,051.00, to serve as the 8% Inspection Fee for the RCB Development Minor Subdivision, and

WHEREAS, Rich Bartzick has chosen to construct the public facilities first and not pay the Performance Bond at this time, and

WHEREAS, Rich Bartzick will be required as per town code (Chapter 195-24) to post a Maintenance Bond or equivalent security equal to 10% of the Performance Bond, NOW, THEREFORE BE IT

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

#E-088-05 – COLONIAL STREET – EROSION CONTROL BOND AND INSPECTION FEE
WHEREAS, Joanne Mogrovejo, as applicant, posted Check No. 0644870 in the amount of $10,000.00, to serve as the Erosion Control Bond for Excavation Permit #E-088-05, which was deposited into the T-33 account on September 15, 2006 for work performed at her Colonial Street residence, and
WHEREAS, Joanne Mogrevejo, as applicant, posted check #308 in the amount of $600.00, to serve as the required inspection fees for this Excavation Permit, which was deposited into the A2116 account on September 15, 2006, and

RESOLVED, 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 $10,000.00 for erosion control and the $287.50 for unused escrow may be released, AND, BE IT FURTHER

RESOLVED, that the above-referenced monies are hereby released to Ms. Joanne Mogrovejo, 2575 Colonial Street, Yorktown Heights, NY 10598.

#WP-045-11 – MEADOWCREST DRIVE – WETLAND BOND
WHEREAS, Caroline & Salvatore DiCioccio, as applicant, posted Check No. 2549 in the amount of $300.00, which was deposited into the T33 account on July 22, 2011, to serve as the Wetland Bond for Wetland Permit #WP-045-11, for work performed at their Meadowcrest Drive 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-referenced Wetland Bond in the amount of $300.00 be and is hereby released to Mr. & Mrs. Salvatore DiCioccio, 2929 Meadowcrest Drive, Yorktown Heights, NY 10598.

#E-039-10 – BALDWIN ROAD – EROSION CONTROL BOND
WHEREAS, Aiden Carey, as applicant, posted Check No. 168 in the amount of $300.00, which was deposited into the T33 account on August 20, 2010, to serve as the Erosion Control Bond for Excavation Permit #E-039-10, for work performed at his 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 control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-referenced Erosion Control Bond in the amount of $300.00 be and is hereby released to Mr. Aiden Carey, 1670 Baldwin Road, Yorktown Heights, NY10598.

#2347 – LANDSCAPE BOND – SPRINGHURST STREET
WHEREAS, Chuck Wallace, as applicant, heretofore filed Landscape Bond #2347 in the amount of $300.00, for Lot #78 for his residence on Springhurst Street, which was deposited into the T-30 Account on May 4, 2010, 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 #2347 in the amount of $300.00 be and is hereby released to Mr. Chuck Wallace, 2848 Springhurst Street, Yorktown Heights, NY 10598.

RELEASE ESCROW DEPOSIT
DRIVEWAY PERMIT #1182 - $500
WHEREAS, a representative of the Highway Department has made an inspection of the following site and found the work to be completed satisfactorily.

NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes the release of the following Escrow Deposit:

Type of Permit Permit # Amount Location Refund to
Driveway 1182 $500.00 1374 White Hill Gjergi & Aida Balaj
1374 White Hill Road
Yorktown Heights, NY 10598

AUTHORIZE THE TOWN ATTORNEY TO SEND A NOTICE OF DEFAULT AND TERMINATION TO VERIZON
WHEREAS, by resolution on September 6, 2011, the Town Board directed the Supervisor to send a Notice of Service Failures to Verizon concerning Verizon’s significant and recurrent breaches of the Town’s contract; and

WHEREAS, on September 7, 2011 the Town Attorney sent, by first class mail and certified mail, return receipt requested, as required under the contract, a Notice of Service Failures to the address set forth in the contract for notices; and

WHEREAS, both letters were returned to the Town Attorney unopened and marked undeliverable by the U.S. Postal Service; and numerous other efforts were made to locate an individual or office to whom to send the Notice of Service Failures, without success;

NOW THEREFORE, the Town Board hereby finds and determines that Verizon has defaulted on its 2010 contract with the Town for the reasons set forth in letter dated September 7, 2011, a copy of which shall be filed with the Town Clerk, and be it further

RESOLVED, that the Town Board directs the Town Attorney to send a Notice of Default to Verizon and file a copy of such default notice with the Town Clerk.
AUTHORIZE SUPERVISOR TO EXECUTE A STIPULATION CONSENTING TO ELECTRONIC FILING WITH TAXPAYERS WHO FILE SMALL CLAIMS ASSESSMENT REVIEW PETITIONS
RESOLVED, the Town Supervisor is authorized to execute a Stipulation Consenting to Electronic Filing with Taxpayers Who File Small Claims Assessment Review petitions, to permit the electronic filing of petitions challenging the Town Assessor’s property assessments under the 2011 Final Assessment Roll. The purpose of the Stipulation is to allow the Town of Yorktown to participate in a program operated by the Westchester County Clerk under Part 202 of the Uniform Rules of the Supreme and County Courts to facilitate E-Filing of small claims assessment review petitions.

AMEND YORKTOWN FARMS RESOLUTION N0. 111 DATED FEBRUARY 27, 2007
WHEREAS, the Town Board of the Town of Yorktown (the "Town Board") rezoned the property now known as the Yorktown Farms Subdivision by Resolution #111, dated February 27, 2007(the "Rezoning Resolution");

WHEREAS, pursuant to said Rezoning Resolution, the Town Board imposed various conditions including, but not limited to, requiring that all Sewer Connection Stipend Payments of $3,000 per home (the “Stipend Payments”) were to be paid to the 67 Neighborhood Property Owners who were going to be able to connect to the Yorktown Farms Sewer system (the “Neighborhood Property Owners”) prior to the issuance of the first Certificate of Occupancy in the Yorktown Farms Subdivision;

WHEREAS, the Yorktown Farms Subdivision was approved by the Planning Board by Resolution #08-03, dated February 11, 2008, as subsequently extended; and

WHEREAS, all conditions of final approval were satisfied and the Yorktown Farms Subdivision Plat was signed by the Chairman of the Planning Board and filed in the Westchester County Clerk’s office, on July 20, 2011, as Map No. 28496;

WHEREAS, VS Construction Corp. (“VS”) as developer of Yorktown Farms has installed the on-site infrastructure and has completed the off-site sewer improvements, including those to benefit the Neighborhood Property Owners;

WHEREAS, VS has entered into agreements with approximately 25 of the Neighborhood Property Owners to install individual sewer lateral connections to their homes and has extended a $3,000 credit to each such homeowner as and for their respective Sewer Stipend;

WHEREAS, VS has agreed to correspond with and/or meet with all Neighborhood Property Owners to extend an offer to either connect such homeowner to the public sewers or pay the $3,000 Sewer Stipend;

WHEREAS, VS met with the Town Board on September 27, 2011 to provide the Town Board with a complete update on the status of the project, and also requested the issuance of one (1) Certificate of Occupancy and three (3) Building Permits;

WHEREAS, VS has agreed that on or before November 30, 2011, it will have either: i) entered into Sewer Connection Agreements with all Neighborhood Property Owners, ii) paid the $3,000 stipend to the Neighborhood Property Owners, and/or iii) placed a sum in escrow with Zarin & Steinmetz, as Attorneys, totaling $3,000 times the number of Neighborhood Property Owners who have not entered into Sewer Connection Agreements or been paid the $3,000 Sewer Stipend and signed written receipts therefor;

WHEREAS, evidence of all written receipts and the establishment of the escrow account shall be provided to the Town Attorney on or before November 30, 2011;

WHEREAS, VS shall request an Amended Resolution from the Planning Board consistent herewith.

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Yorktown hereby amends the Rezoning Resolution as follows:

1) VS shall be issued a Certificate of Occupancy for the model home on site in the Yorktown Farms Subdivision in due course upon completion of all requisite inspections by the Town.

2) VS shall be issued 3 Building Permits by the Town Building Department in due course upon submission of all requisite plans and fees.

3) Evidence of all receipts of Sewer Stipends, the extension of a Sewer Stipend credits, the establishment of the escrow account, and the release of all stipend payments from escrow shall be filed with the Town Clerk.

RELEASE POLICE CAR THAT WAS DEEMED A TOTAL LOSS TO THE INSURANCE COMPANY

ACCEPT DONATION FROM YORKTOWN CENTRAL SCHOOL DISTRICT OF MELBOURNE HOUSE ARTIFACTS
Resolved, that the Town Board gratefully accepts, on behalf of the Yorktown Museum, a donation, from the Yorktown School District, of decorative items removed from the Melbourne Farmhouse.

FAMILY VALUES
WHEREAS, Yorktown is a town that welcomes people of all faiths, as well as people who do not profess faith in a deity;
WHEREAS, Yorktown is a town that believes in instilling in our children important civic values, including those of religious tolerance and respect for the religious beliefs of others;

WHEREAS, Yorktown believes that family harmony and the right to practice one's religion are important values and that neither the town government nor organizations in the town should take actions that might cause conflicts between children and their religion or between parents and their children;

NOW, THEREFORE, RESOLVED
That it is the sense of the Town Board that:

(1) Having ball games for the town's youth on holidays when Yorktown parents believe their children should be observing the holiday instead of playing organized sports is inconsistent with the family values of Yorktown and the town's tradition of religious tolerance, and

(2) Organizations planning events open to all the town's youngsters should use their best efforts to avoid such scheduling, both in schedules they prepare and in schedules prepared by leagues they are members of.

11. REFUNDS

794 BARBERRY ROAD - VARIANCE REFUND - $210.00
RESOLVED, that the Town Board approves a refund in the amount of $210.00 be made to Felix & Darlene Rivera of 794 Barberry Road, Yorktown Heights, NY 10598 for a Zoning Board of Appeals variance fee that was determined to be not required.