Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
NOVEMBER 1, 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. PRESENTATION
State Senator Greg Ball – NYS Veterans Hall of Fame
David Rambo – Water Distribution Supt.
Geoff Wheeler - Cable Committee Chair

6. APPROVE RESOLUTIONS FROM – October 18, 2011 Meeting

7. VOLUTEER BOARD
• Appointments:
David Tetro, David McConnell, Heike Schneider – ABACA

• Resignations
Ann Kutter – Conservation Board
Larry Dalfino, Jim Hanratty – ABACA
Robert Garofalo – Ethics Board

8. COURTESY OF THE FLOOR

9. PUBLIC HEARINGS
Reconvene:
• Request from a property owner seeking relief on the basis of hardship from the Temporary Moratorium on Approvals for Buildings Accessory to Residences - Silverman - 1360 Whitehill Road

Convene:
• Cutignola – Request for Relief from Moratorium - Moratorium on Issuing
Building Permits for accessory structures
• Extend Moratorium – Refer and Declare Intent to be Lead Agency -
Moratorium on Issuing Building Permits for accessory structures

• Town Board convening as Urban Renewal Agency for the purpose
of conveying property

Decision:
• Croton Overlook - Review and accept FEIS for completeness

10. ADVERTISING
Public Hearing: November 15, 2011
• Proposed PILOT Agreement with Marathon Development Group for the Underhill Apartments

Public Hearings – December 6, 2011
• Con Edison – Request for wetlands permit – to do selective cutting of
Vegetation in wetland and buffer zones to provide electrical transmission line clearance required for safe and reliable electric service
• Proposed local law amending Chapter 10 regarding the number of
Members constituting the Advisory Board on Architecture and
Community Appearance (ABACA)

11. AWARD BIDS
• Channel Voice Recording Device – Police Department
• IT Services – Finance Dept.

12. RESOLUTIONS
Request from Assessor:
• Amend Resolution #458 of 2011 relating to Yorktown Realty Association, LLC - Tax Certiorari Settlement

Requests from the Engineering Department:
• Wetland Bond Release:
#WP -087-05 - Sultana Drive

Request from the Highway Department:
• Driveway Permit #010-009 - $1,000.00

Request from the Supervisor
• Request to purchase two permanent generators to be funded from fund
Balance

Request from the Town Clerk:
• Waive the filming fee ($250.00) for DC Mood Creations, Ltd in connection with a video to be produced for the National Road Safety Foundation. The concept of the video is safety in the streets for children whether they are riding bikes or playing ball.

13. REFUNDS
• Northern Westchester Joint Water Works:
Account #43-10121529 $60.60

14. MONTHLY REPORTS

15. COURTESY OF THE FLOOR

16. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: November 1, 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
Convene: November 15, 2011
• Proposed local law amending Chapter 15 entitled “Building Construction Administration” with respect to exemptions from building permit requirements for certain accessory buildings, fences and retaining walls; and Chapter 300 entitled “Zoning” with respect to clearance requirements for accessory buildings and maximum size standards for accessory buildings in residential zones
• Proposed local law amending Chapter 115 entitled “Animals” Section 115-5 relating to “Barking Dogs”- Refer and Declare Intent To be Lead Agency

Convene: December 6, 2011
• Proposed Creation of Hunterbrook Sewer District #20. The application also includes a request to include Hunterbrook Sewer District #17 in the Westchester County Sewer District
• Wetlands Permit Request - Con Edison – Selective cutting of vegetation - ROW in Teatown Lake Reservation

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”

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

BIDS/RFPS PENDING
• Purchase of a Mechanically Cleaned Bar Screen for the
Water Pollution Control Plant - #11-05 - Return Date – 11/9/11
• Sodium Bisulfite 38%
Water Pollution Control Plant - #11-06 – Return Date – 11/9/11
• 2013 Mack Granite GU813 chassis and Leach 2Rlll Rear Loading Body
• Automotive Fluids – Dept. Environmental Conservation
• (2) 2012 F-350 Trucks - Parks Dept

BUDGET HEARING
• December 7, 2011 – 7:00PM

Town Board Meeting
November 1, 2011

6. APPROVE RESOLUTIONS FROM – October 18, 2011 Meeting
Resolved, that the Town Board Meeting Resolutions for November 1, 2011 are approved by the Town Board.

7. APPOINTMENT
DAVID TETRO – ABACA
BE IT RESOLVED, that David Tetro is hereby appointed as a member of the Advisory Board of Architecture & Community Appearance to fulfill the unexpired term of Laurence Dalfino expiring 6/30/12.

9. PUBLIC HEARINGS
Decision:
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.

Reconvene:
Request from a property owner seeking relief on the basis of hardship from the Temporary Moratorium on Approvals for Buildings Accessory to Residences - 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.

Convene:
Cutignola – Request for Relief from Moratorium - Moratorium on
Issuing Building Permits for accessory structures
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 1st day of November, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard to consider the application of Steven Cutignola seeking relief from the Moratorium pursuant to Local Law #8/2011 in order to complete the process to erect a shed on his property located at 317 Heather Court, Yorktown Heights, NY

Extend Moratorium – Refer and Declare Intent to be Lead
Agency - Moratorium on Issuing Building Permits for accessory structures
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, on the 1st day of November, 2011 at 7:30 o=clock PM, or as soon thereafter as the same can be heard, for the purpose of extending the Moratorium with respect to “Approvals for Buildings Accessory to Residences” to December 31, 2011.

Town Board convening as Urban Renewal Agency for the purpose of conveying property
RESOLVED, the Yorktown Town Board at its meeting on November 1, 2011will designate itself as the Yorktown Urban Renewal Agency for the purpose of conveying property to the Town of Yorktown.

BE IT FURTHER RESOLVED, that the said properties to be conveyed are known as follows:
37.19-1-19 Railroad Avenue & Hanover Street
37.18-2-59 320 Downing Drive
37.18-2-69 Underhill Avenue
37.19-1-10 Underhill Avenue

Decision
Croton Overlook – Review and accept FEIS for Completeness
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 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

WHEREAS, on July 12, 2011 the Town Board determined the DEIS for Croton Overlook Corporation was complete with respect to the scope, content, and adequacy necessary to afford the public and involved and interested agencies the opportunity to consider the DEIS for the purpose of commencing public review of the proposed project, pursuant to 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, as Lead Agency, the Town Board held a public hearing on the DEIS on August 2, 2011 at Shrub Oak Memorial Park, located at 3800 Sunnyside Street, Shrub Oak, NY, 10588, and accepted written comments from the public and involved and interested agencies until August 30, 2011; and

WHEREAS, a FEIS was prepared to respond to the substantive oral and written comments to the DEIS; and

WHEREAS, the Town Board has found that the FEIS adequately addresses the oral and written comments on the DEIS;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Yorktown determines that the FEIS for the Croton Overlook Corporation is complete with respect to the scope, content and adequacy necessary to afford the public and involved and interested agencies the opportunity to consider the FEIS, and be it

FURTHER RESOLVED, that the Town Board, as Lead Agency, will hold a public hearing on the FEIS on ________________ at 7:00 PM, or as soon thereafter as these matters can be heard, in the Yorktown Town Hall at 363 Underhill Avenue, Yorktown Heights, NY, and will further allow for the submission of any written comments to be received through __________________, and be it

FURTHER RESOLVED, that the attached "Notice of Completion of FEIS and Notice of Public Hearing" be published in the official newspaper of the Town of Yorktown, at least 14 days in advance of such hearing and that said Notice of Completion be filed and circulated in accordance with the SEQRA Regulations.

10. Public Hearings – December 6, 2011

Con Edison – Request for Wetlands Permit – to do selective cutting of vegetation in wetland and buffer zones to provide electrical transmission line clearance required for safe and reliable electric service
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 6th day of December, 2011 at 7:30 o’clock PM to consider the application of Consolidated Edison for a Wetland Permit for the implementation of their Vegetation Management Plan (VMP) within the Consolidated Edison Right-of-Way (ROW) for the “F&P” high voltage transmission lines. Hand cutting and pruning is to be performed by a crew to ensure safety and regional electric reliability.

Proposed Local Law amending Chapter 10 regarding the number of Members constituting the Advisory Board on Architecture and Community Appearance
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 at 7:30PM, or as soon thereafter as the same can be heard, to amend section 10-2 of Chapter 10 of the Code of the Town of Yorktown entitled “BOARDS AND COMMISSIONS” relating to membership in the Advisory Board on Architecture and Community Appearance.

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 Pilot Agreement with Marathon Development Group, Ltd
RESOLVED, that 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 6th day of December, 2011 at 7:30 o=clock PM to consider the proposed PILOT (Payment In Lieu Of Taxes) Agreement between the Town of Yorktown and Marathon Development Group, Ltd. (for the Underhill Apartments)

11. AWARD BIDS
Channel Voice Recording Device – Police Department
WHEREAS, an invitation to submit bids to provide a Verint Audiolog Series Redundant Pro 24 Channel Recording Device to the Town Police Department was duly advertised, and

WHEREAS, said bids were received and opened on October 14, 2011, with the bid amount summarized s follows:

J.E.I $13,753.08
Stancil Solutions $18,284.00
Business Electronic Inc. $19,375.00
Mayday Communications Inc. $26,180.00

WHEREAS, J.E.I.’s bid did not meet 17 of the technical specifications and Stancil Solutions’ bid did not meet 7 of the technical specifications, now

THERFORE BE IT RESOLVED, that the Town Board hereby rejects the lowest bids received from J.E.I. in the amount of $13,753.08 and Stancil Solutions in the amount of $18,284.00, and be it

FURTHER RESOLVED, that the Town Board hereby awards the bid to the lowest responsible bidder, Business Electronics Inc, to furnish a Verint Audiolog Series Redundant Pro 24 Channel Recording Device, in the amount of $19,375.00.

Information Technology Services - RFP
Whereas, the Town of Yorktown duly advertised Requests for Proposals for Information Technology Services, and

Whereas, on October 20, 2011, the only proposal received was opened, now,

Therefore, Be It Resolved, Information Technology Services shall be awarded to Sullivan Data, the sole bidder, for a period of two years, commencing January 1, 2012 and ending December 31, 2013, at an annual cost of $60,650. The Town shall have the option to renew this agreement for an additional two years at an annual cost of $63,100.

12. RESOLUTIONS
Request from Assessor:
Amend Resolution #458 of 2011 relating to Yorktown Realty Association, LLC - Tax Certiorari Settlement
Whereas, tax certiorari proceedings were instituted by Yorktown Realty Association, LLC, challenging the aggregate assessment for parcels Section 5.19, Block 1, Lots 14.-101 thru 14.-610, totaling 141 individual units, located at 3770 Barger Street, also known as Trump Park Residences Condominiums, on the Tax Map of the Town of Yorktown, and

Whereas, the 141 individual condominium assessments will be determined by its percent share of the aggregate value, and

Whereas, the tax certiorari proceedings affecting the assessed value of the 141 individual condominium units for assessment roll years 2007, 2008, 2009, 2010 and 2011, be settled as set forth in the proposed stipulation, now

Therefore Be it Resolved, that the Town Board hereby amends Resolution Number 458 dated September 20th, 2011 regarding tax certiorari proceedings instituted by Yorktown Realty Association, LLC to be settled as set forth in the attached proposed stipulation.

Requests from the Engineering Department:
Wetland Bond Release:
#WP -087-05 - Sultana Drive
WHEREAS, Jose Hernandez & Amy Kurens, as applicants, posted Check No. 139 in the amount of $500.00, which was deposited into the T33 account on April 7, 2006, to serve as the Wetland Bond for Wetland Permit #WP-087-05, for work performed at their Sultana 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 $500.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-referenced Wetland Bond in the amount of $500.00 be and is hereby released to Jose Hernandez & Amy Kurens, 2175 Sultana Drive, Yorktown Heights, NY 10598.

Request from the Highway Department:
Driveway Permit #010-009 - $1,000.00
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
Street Opening 010-009 $1,000 Marcy Street P.L.M.
191 Lake Ellis Road
Wingdale, NY 12594

Request from the Supervisor:
Request to purchase two permanent generators to be funded from fund balance

Request from the Town Clerk
Request to waive the filming fee ($250) for DC Mood Creations, Ltd.
RESOLVED, the 250.00 Filming Fee is hereby waived for DC Mood Creations, Ltd in connection with a video to be produced for the National Road Safety Foundation relating to safety in the streets for children.

13. REFUNDS
Northern Westchester Joint Water Works:
Account #43-10121529 $60.60
RESOLVED, that the Town Board approves a refund in the amount of $60.60 be made to Mr. Theodore Stachowiak, 1529 Hanover street, Yorktown Heights, NY 10598, Account #43-10121529, representing a duplicate water bill payment.