Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
JUNE 19, 2012

PLACE: TIME:
TOWN HALL 5:00pm

THE TOWN BOARD WILL VOTE TO GO INTO EXECUTIVE SESSION
FOR INTERVIEWS

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR MICHAEL GRACE

4. REPORTS FROM TOWN COUNCIL

5. RESOLUTIONS FROM THE MEETING OF 6/05/2012

6. PRESENTATION – Ride Connect of Westchester
Marietta Manoni – Mobility Program Coordinator

7. PERSONNEL
Appointment:
Robert Killeen – Assessor’s Office

8. VOLUNTARY BOARDS
Appointments
ABACA
Mark Connelly
William Primavera
Heike Schneider

Ethics Board
Aviah Cohen Pierson

9. COURTESY OF THE FLOOR

10. PUBLIC HEARINGS
• Request for a wetlands permit to construct a single family house on
Hanover Street (Lyhus)
• Request from Northern Westchester Restorative Care for an amended
Special Use Permit
• Proposed local law to amend Chapter 115 entitled “ANIMALS” to clarify
the standard for a barking dog violation.

11. AWARD BID/RFP
• Preventative Maintenance of Generator Systems - Bid#12-3- Engineering
• 2012 Computer Upgrades - Supervisor
• (2) Stainless Steel Multi Task Body Package

12. ADVERTISING
Public Hearings - July 17, 2012
• Proposed local law amending Chapter 275 -40 (A)(1)adding to the list of
areas designated as fire lanes (Police/Court Complex)
• Proposed local law amending Chapter 198 entitled “Landmark
Preservation”
• Refer – Proposed local law amending Chapter 300-19 for
Temporary Building Permits
• Proposed local law amending Chapter 15 for building permit renewals
• Unsafe Structure – 1481 Maiden Lane

Public Hearings – August 7, 2012
• Proposed local law amending Chapter 280 relating to backflow fees
• Proposed local law amending Chapter 275-4E entitled “Vehicles and
Traffic,” add parking restrictions on Stony Manor Court (whole
cul-de-sac)
• Proposed local law amending Chapter 275-4A entitled “Vehicles and
Traffic,” to limit parking on Stony Manor Court (partial cul-de-sac)

COPIES OF THE PROPOSED LOCAL LAWS FOR THE JULY 17th TOWN BOARD MEETING MAY BE VIEWED ON OUR WEBSITE www.yorktownny.org)

13. RESOLUTIONS
• Requests from the Engineering Department:
Request for Wetland Permit Extension:
Zeal Construction

Landscape Bond Release:
Rustic Ridge Court #1192

Erosion Control Bond Release:
Evergreen Street - #E-029-10

Authorize the Supervisor to sign
Amendment with WSP Sells Agreement for work related to
Greenwood Street NYS DOT Red Flag Posting

• Request from Environmental Conservation
Authorize purchase of a new fuel system

• Request from the Finance Department
Approve standard workday for the following titles:
Superintendent of DEC, Court Attendant, Assistant Curator
and Chauffeur

• Requests from the Police Department
Authorize the Police Department to apply for funding
under the Federal Bulletproof Vest Partnership Grant

• Requests from the Town Attorney
Authorize settlement of RBC Industries, et al. v. the Town of Yorktown
Authorize the Supervisor to sign a contract with Empire Consulting
for drug and alcohol testing
Authorize the Supervisor to sign a Use and Dissemination Agreement with the NYS Dept. of Criminal Justice
Authorize the Supervisor to sign the Contractual Agreement between the
Town of Yorktown and the Westchester County Office for the Aging for
Title 111B – transportation services
Authorize the Supervisor to sign a contract with The Pond Connection
relating to the Shrub Oak Park District’s Diffuser Project
Authorize the Supervisor to sign an extension agreement with
Eagle Business Machines for photocopier maintenance

• Request from the Town Board
Approve application for DEC grant for work at Turkey Mountain

14. REFUNDS
• Duplicate Taxes
Account #0279500 - $2,297.76

• Northern Westchester Joint Water Works
Account # 44-03770014 - $1,169.55

15. MONTHLY REPORTS

16. COURTESY OF THE FLOOR

17. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: June 19, 2012

Public Hearing – July 17th
• Eminent Domain proceedings and Request for a wetlands permit related to
the Town of Yorktown’s Baptist Church Road Rehabilitation Project

YORKTOWN TOWN BOARD SUMMER SCHEDULE

MEETINGS BEGIN AT 6:00pm

July 17, 2012 – Legacy Ball Field – Yorktown Parks and Recreation Superintendent
Brian Gray will discuss events planned for
Summer 2012 and early fall.

August 7, 2012 – Downing Park – Representatives of the Yorktown Historical Society will
talk about the historical importance of the area as well
a new monument planned for Downing Park.

August 21, 2012 – Yorktown Stage – Barry Liebman will give us a preview of what’s happening at The Stage for Fall and Winter 2012.

June 19, 2012 Town Board Meeting
Resolutions to be approved:

7. APPOINMENT
Robert Killeen – Assessor’s Office

8. VOLUNTARY BOARD

Reappointment - ABACA – Mark Connelly
BE IT RESOLVED, that Mark Connelly is hereby reappointed as a member of the Advisory Board of Architectural and Community Appearance for a three year expiring March 30, 2015.

BE IT FURTHER RESOLVED that Mark Connelly is reappointed as Co-chair of the Advisory Board of Architectural and Community Appearance.

Reappointment – ABACA – William Primavera
Be It Resolved, that William Primavera is hereby reappointed as a member of the Advisory Board of Architectural and Community Appearance for a three year term expiring March 30, 2015.

Appointment – ABACA -Heike Schneider
Be It Resolved, that Heike Schneider is hereby appointed as a member of the Advisory Board of Architectural and Community Appearance for a three year term expiring March 30, 2015

Appointment - Ethics Board - Aviah Cohen Pierson
BE IT RESOLVED, that Aviah Cohen-Pierson is hereby appointed as a member of the Ethics Committee for a three year term expiring December 31, 2015.

11. AWARD BID/RFP
Preventative Maintenance of Generator Systems - Bid#12-3- Engineering
Bids were received today for the Preventative Maintenance Generator Systems, Project #12-03, and are summarized as follows:

NAME OF BIDDER AMOUNT OF BID

Peak Power Systems, Inc. $11,307.50
Northeast Generator Co. $16,320.00
Genserve, Inc. $18,970.00
H.O. Penn $20,525.00*

*actual bid totaled $24,786

In order to award this bid I am requesting the Town Board adopt the following resolution:

RESOLVED, that the bid for the Preventative Maintenance Generator Systems, be awarded to Peak Power Systems, Inc., the low bidder, at a cost of $11,307.50.

2012 Computer Upgrades - Supervisor
Whereas, the Town of Yorktown duly advertised the 2012 IT Equipment/Copiers Bid, and

Whereas, on June 19, 2012, three responses were opened, and

Whereas, only one response addressed the IT equipment, now,

Therefore, Be It Resolved, 2012 IT Equipment only shall be awarded to Sullivan Data, for a total net cost of $40,825.24. The town reserves the right to purchase various quantities of the optional items as the town deems necessary at the bid rate, not to exceed an additional $15,000. Additionally, the town reserves award of the copier equipment.

(2) Stainless Steel Multi Task Body Package
WHEREAS, invitation to bid for 2 Stainless Steel Multi Task Body Package for the Town of Yorktown was duly advertised, and

WHEREAS, said bids were received and opened on June 18, 2012, with only one bid received. Gabrielli Truck Sales LTD, in the amount of $180,600.00 per unit.

RESOLVED, that upon the recommendation of the Highway Superintendent, Eric DiBartolo, the bid for the 2 Stainless Steel Multi Task Body Package be and is hereby awarded to Gabrielli Truck Sales LTD, 3333 Conner Street, Bronx, NY 10475, the only bidder.

12. ADVERTISING
Public Hearings:
Proposed local law amending Chapter 275 -40 (A)(1)adding to the list of
areas designated as fire lanes (Police/Court Complex)
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at Woodlands Legacy Fields, Strang Boulevard and Woodlands Drive, Yorktown Heights, New York on the 17th day of July, 2012 at 6:00 o'clock PM, or as soon thereafter as the same can be heard for the purpose of amending Chapter 275 of the Code of the Town of Yorktown entitled “VEHICLES AND TRAFFIC,” to add a Fire Lane at the Police Department and Courthouse.

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.

Proposed Local Law amending Chapter 198 entitled “Landmark Preservation”
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at Woodlands Legacy Fields, Strang Boulevard and Woodlands Drive, Yorktown Heights, New York on the 17th day of July, 2012 at 6:00 o'clock PM, or as soon thereafter as the same can be heard for the purpose of amending Chapter 198 of the Code of the Town of Yorktown entitled “LANDMARK PRESERVATION ” to allow the Landmark Preservation Commission to continue to function even when no qualified architect or historian is on the Commission and to require the Commission to obtain an owner’s consent before a property can be designated as a landmark.
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.

Proposed local law amending Chapter 300-19 for Temporary Building Permits
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at Woodlands Legacy Fields, Strang Boulevard and Woodlands Drive, on the 17th day of July, 2012 at 6:00 o'clock PM, or as soon thereafter as the same can be heard, to consider a proposed local law amending Chapter 300-19 of the Code of the Town of Yorktown regarding Temporary Building or Structure.

A copy of said 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 will be heard at the public hearing to be held as aforesaid.

Proposed local law amending Chapter 15 for Building Permit Renewals
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at Woodlands Legacy Fields, Strang Boulevard and Woodlands Drive, on the 17th day of July, 2012 at 6:00 o'clock PM, or as soon thereafter as the same can be heard, to consider a proposed local law amending Chapter 15 of the Code of the Town of Yorktown entitled “BUILDING CONSTRUCTION ADMINISTRATION” concerning building permit renewals and building permit and certificate of occupancy fees.

A copy of said 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 will be heard at the public hearing to be held as aforesaid.

Unsafe Structure – 1481 Maiden Lane
Not Available at time publication

Public Hearings – August 7, 2012
Proposed local law amending the Code of the Town of Yorktown relating to backflow fees

Proposed local law amending Chapter 275-4E entitled “Vehicles and
Traffic,” adding parking restrictions on Stony Manor Court (whole cul-de-sac)

Proposed local law amending Chapter 275-4A entitled “Vehicles and
Traffic,” to limit parking on Stony Manor Court (Partial cul-de-sac)

( COPIES OF THE PROPOSED LOCAL LAWS FOR JULY 17, 2012 MAY BE VIEWED ON OUR WEBSITE AT (www.yorktownny.org)

13. RESOLUTIONS
Request for Wetland Permit Extension - Zeal Construction
Not available at time of publication

Landscape Bond Release:
Rustic Ridge Court #1192
WHEREAS, Mohan Singh, as applicant, heretofore filed Landscape Bond #1192, in the amount of $300.00, for Lot #3.14, in the Clover Ridge Estates Subdivision on Rustic Ridge Court, which were deposited into the T-30 Account on May 7, 1998, 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 #1192 in the amount of $300.00 be and is hereby released to Mohan Singh, 1310 Rustic Ridge Court, Yorktown Heights, NY 10598.

Erosion Control Bond Release:
Evergreen Street - #E-029-10
WHEREAS, Ed Gunther, as applicant, heretofore posted Check No.6983 in the amount of $300.00, which was deposited into the T33 Account on July 29, 2010, covering Excavation Permit #029-10, for work performed at 2583 Evergreen Street, 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 may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Bond in the amount of $300.00, be and is hereby released to Mr. Ed Gunther, 2583 Evergreen Street, Yorktown Heights, NY 10598.

Amendment with WSP Sells Agreement for work related to Greenwood Street NYS DOT Red Flag Posting
WHEREAS, the Greenwood Street Over Hallock’s Mill Brook was inspected by the New York State Department of Transportation (NYSDOT) on June 15, 2012 and a Red Flag was issued as part of their inspection program (copy attached), and

WHEREAS, the NYSDOT notified the Town of Yorktown that roadway required remediation within 24 hours of receipt of the Red Flag dated June 18, 2012, and, NOW THEREFORE BE IT

RESOLVED, that the Town Board authorizes the Town Supervisor to sign an amendment to the existing agreement with WSP Sells for engineering services, to perform the structural analysis to address the Red Flag condition at Greenwood Street Bridge, in the amount of $3,500.00.

Authorize purchase of a new fuel system
RESOLVED, the Town Board authorizes the Supervisor to sign a contract with American Petroleum Equipment & Construction Company (APECCO) for the purchase and installation of a new Fuelmaster 3500 fuel management system, in the amount of
$ 53,706.00 plus optional three one-year extended warranties at $4,327.50 per year, in a form satisfactory to the Town Attorney.

Approve standard workday for the following titles:
Superintendent of DEC, Court Attendant, Assistant Curator
and Chauffeur
Whereas, the NYS Employees Retirement System requires the Town to set a standard work day for all titles, and

Whereas, the following current and former positions shall reflect the standard work day next to the title, now,

Therefore, Be It Resolved, the following standard work days for the purpose of retirement shall be as follows:

Superintendent of DEC 7 hours
Court Attendant 7 hours
Assistant Curator 7 hours
Chauffeur 6 hours

Authorize the Police department to apply for funding under the Federal Bulletproof Vest Partnership Grant
RESOLVED, that the Town Supervisor is hereby authorized to sign a Justice Assistance Grant renewal application to purchase new body armor.

Authorize settlement of RBC Industries, et al. v. the Town of Yorktown
RESOLVED, the Town Board approves the settlement in the matter of the RBC Industries Inc. and Ralph Ciuffetelli v. Town of Yorktown, Joseph Hughes, Michael Dubovsky, and John Does, Index. No. 10 CV 03990, U.S. Dist. Ct., SDNY (2010)
and hereby authorizes outside counsel in this matter, the law firm Rice & Ammon (Terry Rice, Esq.), to sign the Stipulation of Settlement on behalf of the Town of Yorktown, Michael Dubovsky and Joseph Hughes.

Authorize the Supervisor to sign a contract with Empire Consulting for drug and alcohol testing
BE IT RESOLVED, that the Town supervisor is hereby authorized to sign an Agreement between the Town of Yorktown and Empire Consulting for services in compliance with the Federal Department of Transportation regulations regarding drug and alcohol testing services in accordance with the fee schedule on file with the Town Clerk. The Agreement shall be effective from June 15, 2012 until June 14, 2013, subject to renewal at the Town’s option.

Authorize the Supervisor to sign a Use and Dissemination Agreement with the NYS Dept. of Criminal Justice
RESOLVED, the Town Supervisor is hereby authorized to sign a Use and Dissemination Agreement with the New York State Division of Criminal Justice Services providing, inter alia, for access by the Yorktown Police Department to criminal history data and record information maintained by the State.

Authorize the Supervisor to sign the Contractual Agreement between the Town of Yorktown and the Westchester County Office for the Aging for Title IIIB
RESOLVED that the Town Board of the Town of Yorktown hereby authorizes the Town Supervisor to sign the annual Title IIIB (Older American's Act) contract with the County of Westchester to offset some of the transportation costs associated with the Nutrition Program, and be it

FURTHER RESOLVED that the Town of Yorktown will receive $8,449.00 in federal funds for the period January 1, 2012 to December 31, 2012.

Authorize the Supervisor to sign a contract with the Pond Connection relating to the Shrub Oak Park District’s Diffuser Project
WHEREAS, the Shrub Oak Park District has issued a Request for Proposals for the installation of lake diffusers (aerators) into Shrub Oak Lake to improve the condition of the lake; and

Town Board hereby determines that the proposed action is an Unlisted action under SEQRA, directs that an EAF be prepared, and states its intent to declare lead agency.

WHEREAS, proposals were received from The Pond Connection, dated April 23, 2012, and two other companies; and

WHEREAS, the Shrub Oak Park District, by letter to the Town dated May 25, 2012, informed the Town Board that it has selected The Pond Connection based on factors including price and expertise, and requested the Town Board to enter into a contract with The Pond Connection; and

WHEREAS, the electrical work will be performed by P&M Electric at the hourly rates set forth in P&M’s contract with the Town (separately bid); and

WHEREAS, The Pond Connection quoted $11,145 for the work to be performed by it, and P&M Electric estimates the electrical work will to cost $3,475 for Option I and $450 for Option II in labor and materials (total of $3,925 for electrical work); and

WHEREAS, the Shrub Oak Park District has decided to proceed with both Options, and the total cost of the proposed diffuser installation and electrical work is $15,070; and

WHEREAS, the Shrub Oak Park District requires the release of funds by the Town from the Park District’s reserve fund and a modification of its budget to pay for this project; and

WHEREAS, an EAF has been submitted, and the action has been determined to be an Unlisted action under SEQRA; and

NOW, THEREFORE, BE IT, RESOLVED, that the Town Board determines that there will be no significant adverse environmental impact as a result of said action, accepts the EAF, and declares lead agency, and

BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Comptroller to release $15,070 from the Shrub Oak Park District’s reserve fund and to add that amount to the Shrub Oak Park District’s budget; and be it further

RESOLVED that the Town Supervisor is hereby authorized to sign an agreement on behalf of the Shrub Oak Park District with STAHL HOLDINGS LLC (d/b/a THE POND CONNECTION), 64 Barnabas Road, Suite 5, Newtown, Connecticut 06470, to install two rotary vane compressors with three (3) diffusers each (total of six diffusers) into Shrub Oak Lake, for the amount of $11,145.

Approve application for DEC grant for work at Turkey Mountain
WHEREAS, the Town of Yorktown Town Board authorizes the Planning Department to apply to NYS Department of Environmental Conservation for the Round 11 Urban and Community Forestry Grant (June 21, 2011), for the Yorktown Turkey Mountain Tree Maintenance Project and;

WHEREAS the Town of Yorktown Town Board will file an application in an amount of $15,000, with a matching share, not to exceed $50% of the grant amount, and;

WHEREAS this matching share will include cash, donations, supplies and/or materials, and volunteer labor as needed to meet the requirements of the grant and;

Upon approval of said request the Supervisor of the Town of Yorktown is authorized to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Town of Yorktown for Turkey Mountain Tree maintenance Project, be it

RESOLVED that the Town of Yorktown Town Board authorizes the Planning Department to apply to NYS Department of Environmental Conservation for the Round
11 Urban and Community Forestry Grant for the Yorktown Turkey Mountain Tree
Maintenance Project.

Authorize Supervisor to sign an extension agreement with Eagle Business Machines for Copier Maintenance
RESOLVED, that the Town Board authorizes the Supervisor to sign an extension agreement for photocopier maintenance services with Eagle Business Machines, Inc., extending the contract awarded by competitive bid between the parties that expired on May 31, 2012 for 90 days, from June 1, 2012 through August 31, 2012, under the same terms and conditions.

14. REFUNDS
Duplicate Taxes
Account #0279500 - $2,297.76

Northern Westchester Joint water Works
Account #44-03770014 - $1,169.55