Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
DECEMBER 6, 2011

PLACE: TIME:
TOWN HALL 7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. PRESENTATION OF PROCLAMATIONS

4. FAREWELL TO COUNCILMAN JAMES MARTORANO

5. REPORT FROM SUPERVISOR SUSAN SIEGEL

6. REPORTS FROM TOWN COUNCIL

7. COURTESY OF THE FLOOR

8. APPROVE RESOLUTIONS for November 1 and November 15, 2011

9. PERSONNEL
Accept resignation of Assistant Court Clerk Maria Valdes
Appoint Kim Penner Deputy Assessor

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

Reconvene:
• 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 115 entitled “Animals” Section 115-5 relating to “Barking Dogs”

Convene:
• Proposed local law amending Chapter 10 regarding the number of
Members constituting the Advisory Board on Architecture and
Community Appearance (ABACA)
• 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
• Adopt Findings Statement – Croton Overlook
• Croton Overlook - Request for rezoning from R1-160 to RSP-1

11. ADVERTISING
Bid:
• Parks and Recreation Brochure

12. RESOLUTIONS
• Request from Town Attorney:
Authorize Supervisor to sign a Property Access Agreement with Cablevision granting access to the YCCC to permit installation and maintenance of cable and broadband devices

• Requests from Court Clerk:
Approve Submission of application for the Justice Court Assistance Program for a grant of $14,821.10 for various items

• Request from the Highway Superintendent:
Extend Stone, Gravel and Concrete Materials Bid for one additional year as per terms of contract

• Requests from the Town Engineer:
Wetland Bond Release:
Byrne - #WP-046-11 - Flanders Drive
NYC DEP - #WP/E-051-08 - Aqueduct Road
Erosion Control Bond Release:
Fiore - #E-044-10 - Carr Court
Performance & Erosion Control Bond Release:
Curry Nissan - Route 202
Zeal Construction - Carozza property - request for a time extension
for Town Board Wetland Permit - #WP-051-09

• Requests from the Supervisor:
Approve Beaver Conference Farm Monetary Gift
Adopt Purchase Card Policy
Authorize Supervisor to sign SPCA Contract in the amount of $21,633.96
Authorize Supervisor to sign two one year renewals of the contract with Empress Ambulance service for paramedic fly car services
Approve amendment to Resolution #483 of 2011 relating to sewer connections for Yorktown Farms Subdivision
Approve vacation carryover requests from specific town employees
Deny vacation carryover requests from specific town employees
Authorize Supervisor to sign a Retirement Agreement for Patrick Lofaro, Department of Conservation Superintendent

13. REFUNDS
• Partial Building Permit Refund - $112.50 - 1313 McKeel Street
• Partial Building Permit Refund - $1,762.50 - 1704 Decatur Road
• Refund a Zoning Board of Appeals application fee of $210 – 3627 Buckhorn Street

14. MONTHLY REPORTS
Building Department – Cost of Construction Report-November 2011

15. COURTESY OF THE FLOOR

16. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: November 30, 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.

BUDGET HEARING
December 7, 2011 – 7:00 PM

Town Board Meeting
December 6, 2011

8. APPROVE RESOLUTIONS for November 1, and November 15, 2011

9. PERSONNEL

Appoint Kim Penner Deputy Assessor
BE IT RESOLVED, that Kim Penner, is hereby appointed Deputy Town Assessor, job class code 0073-01, from Eligible List No. 77-876, in the Assessor Department, effective December 12, 2011 to be paid from Yorktown CSEA Salary Schedule A1, Group 14, Step 4 which is $70,771.00 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 December 12, 2011.

10. Adopt Findings Statement – Croton Overlook

11. ADVERTISING
Bid:
Parks and Recreation Brochure
The Town of Yorktown seeks bids from qualified parties to supply the following goods:
typesetting, printing and delivery of the Town of Yorktown Parks and Recreation Department Semi-Annual Program Brochures , the specifications of which are more fully set forth in Part Three of this document. Bids will be received by Alice Roker, Town Clerk of the Town of Yorktown, Westchester County, at Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, 10598, until Wednesday, December 21, 2011 at 11:00am for furnishing and delivering the Program Brochures for the Yorktown Department of Parks and Recreation.

Bidders should, before submitting a bid, carefully examine and understand the contents of each Part of this bid package including the Summary of Bid, Specifications, General Terms and Conditions (and any Appendices), the Non-Collusive Bidding Certificate. These documents set forth the character and quality of the work and materials to be provided by the bidder.

Bidders shall have (7) business days prior to the bid opening date to bring to the attention of the Town Clerk any errors or defects in these specifications which would prevent Bidder from providing a responsive bid.

Bidder must be fully qualified to deliver the goods specified in the Specifications. The town reserves the right to request references from other parties for which Bidder has provided similar goods.

12. RESOLUTIONS

Authorize Supervisor to sign a Property Access Agreement with Cablevision granting access to the YCCC to permit installation and maintenance of cable and broadband devices
RESOLVED, that the Supervisor is authorized to sign a Property Access Agreement with Cablevision granting Cablevision access to the YCCC to permit the installation and maintenance of cable and broadband devices, so as to permit Cablevision to provide cable service to tenants of the YCCC. The Agreement is at no cost to either party. Cablevision agrees to indemnify and hold harmless the Town. The Agreement is for 5 years and automatically renews each year but may be terminated at any time.

Approve Submission of application for the Justice Court Assistance Program for a grant of $14,821.10 for various items
Resolved, that the Supervisor is authorized to submit a grant application to the Justice Court Assistance Program for a grant of $14,821.10 for various items in the Town Justice Court.

Extend Stone, Gravel and Concrete Materials Bid for one additional year as per terms of contract
Resolved, that the Stone, Gravel and Concrete Materials Bid for the Town of Yorktown is hereby extended for one year, per the terms of the bid. The dates of the extension will be January 1, 2012 to December 31, 2012.

Wetland Bond Release:
Byrne - #WP-046-11 - Flanders Drive
WHEREAS, James & Renee Byrne, as applicant, posted Check No. 162 in the amount of $300.00, which was deposited into the T33 account on August 10, 2011, to serve as the Wetland Bond for Wetland Permit #WP-046-11, for work performed at their Flanders 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. James Byrne, 3554 Flanders Drive, Yorktown Heights, NY 10598.

Wetlands/Excavation Bond Release:
YC DEP - #WP/E-051-08 - Aqueduct Road
Frontier-Kemper Constructors, Inc. - #051-08
WHEREAS, Frontier-Kemper Constructors, Inc., as applicant for the New York City Department of Environmental Protection, heretofore filed a Wetland Bond in the amount of $1,000.00 which was deposited into the T33 Account on June 2, 2009, covering Wetland/Excavation Permit #051-08, for work performed at the Aqueduct Street site, 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 $1,000.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Wetland/Excavation Bond in the amount of $1,000.00 be and is hereby released to Frontier-Kemper Constructors, Inc., NEDO account, 1695 Allen Road, Evansville, IN 47710.

Erosion Control Bond Release:
Fiore - #E-044-10 - Carr Court
WHEREAS, Frank Fiore, as applicant, posted Check No. 8541 in the amount of $300.00, which was deposited into the T33 account on October 22, 2010, to serve as the Erosion Control Bond for Excavation Permit #E-044-10, for work performed at his Carr 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 $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. Frank Fiore, 2797 Carr Court, Yorktown Heights, NY 10598.

Performance & Erosion Control Bond Release:
Curry Nissan - Route 202
WHEREAS, B.F. Curry Realty, LLC, as applicant, provided the Town with JP Morgan Chase Bank Letter of Credit #CTCS918678, which was accepted at the Town Board meeting of April 20, 2011 in the amount of $62,480.00, to serve as the Performance Bond for the Curry Nissan Site Plan located on Route 202, and

WHEREAS, B.F. Curry Realty, LLC, as applicant, provided the Town with JP Morgan Chase Bank of Letter of Credit #CTCS-918676, which was accepted at the Town Board meeting of April 20, 2011 in the amount of $10,000.00, to serve as the Erosion Control Bond for the Curry Nissan Site Plan, and

WHEREAS, the applicant has requested that the above referenced monies be released and that all work has been completed, 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 Performance and Erosion Control Bonds may be released, NOW THEREFORE BE IT

RESOLVED, that both Letter’s of Credit may be released to B.F. Curry Realty, LLC, 727 Central Avenue, Scarsdale, NY 10583.

Zeal Construction - Carozza property - request for a time extension
for Town Board Wetland Permit - #WP-051-09
WHEREAS, Joe Scorsone of Zeal Construction, as applicant for Carozza, has submitted a letter requesting a 180 day extension of his Town Board Wetland Permit application, #WP-051-09, NOW, THEREFORE BE IT

RESOLVED, that Wetland Permit #WP-051-09 is hereby extended for 180 days.

Approve Beaver Conference Farm Monetary Gift
Resolved, that the gift of $ 1,625.35 from the Gilbert Beaver Conference Farm shall be deposited in the Town's Trust and Agency Fund to be used to help finance the development or acquisition of new parks and/or recreational facilities.

Adopt Purchase Card Policy
The objective of this policy is to maximize purchasing and payment efficiencies and facilitate the timely acquisition of materials and supplies through the use of purchase cards, sometimes referred to as Identification cards.

This policy is not intended to avoid or bypass the Town’s existing procurement policies but rather complement those existing policies.

Pursuant to a resolution adopted by the Town Board on September 6, 2011, the Town Comptroller is designated as the approval authority for all credit applications, including those credit lines using purchase or identification cards.

It shall be the Town Comptroller’s responsibility to keep an up-to-date list of how many credit lines have been established, what departments have access to them, and how many purchase cards or identification cards for each vendor have been issued to which departments.

Purchase cards are not credit cards. They are a Town liability charge card requiring balances to be paid in full by the due date.

Purchase cards are to be used for authorized Town purchases only and any use for personal purposes is strictly prohibited, including the purchase of items for which the employee may later be reimbursed by the Town.

Employees who are authorized to use purchase cards for one or more vendors are personally responsible for unauthorized purchases resulting from the careless or intentional misuse of these cards.

It shall be the responsibility of each department head whose department has been authorized by the Town Comptroller to have one or more purchase cards for one or more vendors to assure the safe keeping of the cards and to keep an up-to-date inventory of all cards issued to his or her department, including a list of all employees in his or her department who are authorized to use purchase cards.

Purchase cards are to be kept within the department and given to an employee to use only when a purchase is to be made. Once the purchase has been made, the card is to be returned to the person in the department charged with keeping the card/s. Purchase cards are not to be taken home.

It shall be the responsibility of the employee who has been authorized to use the card to report the card’s loss to his or her department head as soon as the card is determined to be missing.

It shall be the responsibility of the department head to notify the Town Comptroller of the lost card as soon as they are informed of the loss by an employee in their department.

Original receipts, signed by the purchaser, must be provided for all purchases made with a purchase card, and are to be given to the department employee responsible for processing bills. If the receipt is lost, the employee who made the purchase must submit a written explanation, entitled “Lost Receipt,” describing the transaction in detail. The employee’s department head must review and sign the written explanation.

Monthly statements should be submitted to the Comptroller for review in order to identify any potential “red flags” that may be reflected. Statements should be presented with receipts/purchase orders (if any purchases have been made) or separately if no payments need to be processed.

It shall be the Comptroller’s responsibility to review, on an annual basis, each vendor’s credit line activity to determine if the credit line is still needed, or whether the line should be cancelled and closed and purchase cards destroyed.

Authorize Supervisor to sign SPCA Contract in the amount of $21,633.96
Resolved that the supervisor is authorized to sign a one year contract with the SPCA in the amount of $21,633.96 for the period January 1, 2012 through December 31, 2012.

Authorize Supervisor to sign a one year renewal of the contract with Empress Ambulance service for paramedic fly car services
Whereas, in June 2009, the Town’s Advanced Life Support (ALS) district issued an RFP to provide ALS Paramedic Fly Car Services in the Town of Yorktown, and;

Whereas, Empress EMS was the lowest fully responsive bidder, and on December 2, 2009. the Town Board adopted a resolution authorizing the Supervisor to sign an agreement with Empress EMS effective January 1, 2010 through December 31, 2010, to provide ALS Paramedic Fly Car Services at a cost of $469,810.04 for 2010 and $483,904.34 for 2011; and

Whereas a formal agreement or contract between the Town of Yorktown and Empress EMS was never signed by the Town but the Town has been paying Empress for ALS Paramedic Fly Car Services based on the December 2, 2009 resolution; and

Whereas the June 2009 RFP gave the Town the option to extend any agreement with Empress for two additional one year terms; and

Whereas it is in the best financial interest of the Town to finalize the annual rates for the next two years;

Now therefore be it resolved that upon the recommendation of the Board of Commissioners of the Town of Yorktown Advanced Life Support District, the Town Board authorizes the Supervisor to sign two one-year renewal agreements with Empress EMS, one for 2012 at the annual rate of $493,584 and one for 2013 at the annual rate of $503,448, both rates reflecting an annual increase of 2%, subject to a written agreement being prepared by the Town Attorney that is based on the June 2009 RFP and signed by both the Town Supervisor and Empress EMS.

Approve amendment to resolution #483 of 2011 relating to sewer connections for Yorktown Farms Subdivision
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 agreed that on or before November 30, 2011, it would 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, the Town Board adopted a Resolution on September 27, 2011 concerning these issues;

WHEREAS, subsequent to September 27, 2011, VS has been actively engaged in meeting with Neighborhood Property Owners in an attempt to enter into additional Sewer Connection Agreements and has requested that the Town Board extend the November 30 date to December 31, 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 and the September 27, 2011 Resolution as follows:

1) All provisions of the September 27th Resolution shall remain in effect, except that VS shall have until December 31, 2011 to file with the Town copies of all receipts of Sewer Stipends, proof of the extension of Sewer Stipend credits, and proof of the establishment of the escrow account.

Approve vacation carryover requests from specific town employees
Whereas Sections 14.1 through 14.3 of the last agreed to contract between CSEA and the Town of Yorktown set forth the annual leave days earned by employees covered by the CSEA contract, and

Whereas Section 14.4 of the aforesaid contract states that annual leave days will not be cumulative and must be taken in the year earned, and

Whereas Section 14.4 of the aforesaid contract also states that the Town Board may permit an employees to carryover up to 35 working days of annual leave provided the interests of the Town are not adversely affected in any way; and

Whereas in previous years the Town Board has approved requests to carryover annual leave when such request was based on extenuating circumstances and did not adversely affect the Town,

Now therefore be it resolved that the Town Board approves the request of Brian Gray to carryover over four (4) days of earned 2011 annual leave time into 2012 based on the extenuating circumstances provided in writing by Mr. Gray and based on the finding that granting the request would not adversely affect the town.

Deny vacation carryover requests from specific town employees
Whereas Sections 14.1 through 14.3 of the last agreed to contract between CSEA and the Town of Yorktown set forth the annual leave days earned by employees covered by the CSEA contract, and

Whereas Section 14.4 of the aforesaid contract states that annual leave days will not be cumulative and must be taken in the year earned, and

Whereas Section 14.4 of the aforesaid contract also states that the Town Board may permit an employees to carryover up to 35 working days of annual leave provided the interests of the Town are not adversely affected in any way; and

Whereas in previous years the Town Board has approved requests to carryover annual leave when such request was based on extenuating circumstances and did not adversely affect the Town,

Now therefore be it resolved that the Town Board denies the requests of the following employees to carryover over earned 2011 annual leave time into 2012 on the grounds that no extenuating circumstances warranting the carryover have been provided and that granting the requests would adversely affect the town.

Steve Vitulli, 19.65 hours
Sophie F. James, 21 hours
Charlie Vilarino, 7 days
Barbara Korsak, 9 days
Joe Venitucci, 7 days
Kathy Nicholson, 5 days

Authorize Supervisor to sign a Retirement Agreement for Patrick Lofaro, Department of Conservation Superintendent.
Resolved, that the Supervisor is authorized to sign a retirement Agreement with Patrick Lofaro, Department of Conservation Superintendent.

13. REFUNDS

Partial Building Permit Refund - $112.50 - 1313 McKeel Street
RESOLVED, that upon recommendation of the Building Inspector the amount of $112.50, partial refund of building permit fee, be and is hereby refunded to Jennifer & John Coppola, 1313 McKeel Street, Yorktown Heights, New York 10598.

Partial Building Permit Refund - $1,762.50 - 1704 Decatur Road
RESOLVED, that upon recommendation of the Building Inspector the amount of $1,762.50, partial refund of building permit fee, be and is hereby refunded to Carla Gelbman, Secretary, Zaro Homes, Inc. P.O. Box 73, Shrub Oak, New York 10588.

Refund a Zoning Board of Appeals application fee for $210 – 3627 Buckhorn Street
RESOLVED, that the Town Board approves a refund in the amount of $210.00 be made to Elina Fleyshgakker of 3627 Buckhorn Street, Shrub Oak, New York 10588 for a Zoning Board of Appeals variance fee that was withdrawn.