Town Board Meeting

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 FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
SEPTEMBER 4, 2012

PLACE:              TIME:
TOWN HALL       7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR MICHAEL GRACE

4. REPORTS FROM TOWN BOARD MEMBERS

5. RESOLUTIONS FROM THE MEETING OF 8/7/2012

6. COURTESY OF THE FLOOR

7. PUBLIC HEARING
• Proposed local law amending Chapter 300 – Article X to allow recycling as a permitted manufacturing use in the I-1 Planned Light Industrial District

8. ADVERTISING
Public Hearings:- September 18, 2012
Reconvene:
• Lyhus – Request for a wetlands permit for the construction of a single
family home on Hanover Street
Convene:
• Request for an erosion and sediment control permit – for the removal and
Replacement of a driveway at the Church of Latter Day Saints
• Request for wetlands permit – NYC DEP – Reconstruction of existing access
road to Hunter Brook North Siphon Chamber
• Request from Catucci – Authorize the Planning Board to use flexibility
Standards – Section 15, Block 1, Lot 17
• Mohegan Lake Improvement District – Request for wetlands permit to continue
Lake Management Plan
• IBM -Request for a wetlands permit – to install an Underground Fiber Line

Bids:
• Cold Water Meters – Continuation of Project – Water Department
• Various Chemicals for the Water Pollution Control Plant
– Bid #12-06 (Engineering Department)
• 2012 Roll-off Waste Container Rental

9. AWARD BIDS
• Smithco Super Star Hydraulic Drive Baseball Field Conditioner
- Parks Department

10. RESOLUTIONS
Request from Assessor
• Approve certiorari with Shrub Oak Partners

Request from Comptroller:
• Approve transfer of $6,201.00 from the Highway budget to the Refuse
District

Request from the Library Director
• Approve transfer of funds

Request from the Nutrition Center Director:
• Authorize the Supervisor to sign the Regional Kitchen Agreement with
Somers for Title 111C from January 1, through December 31, 2012
and for SNAP (Supplemental Nutritional Assistance Program) from
April 1, 2012 though March 31, 2013

Requests from the Town Attorney:
• Authorize the Supervisor to sign a fourth amendment to PCS Site agreement between the Town of Yorktown and STC Five LLC to change
the legal description of the leased area and allow a cell tower owned by
Crown Castle/STC Five to be raised to 140 feet
• Approve proposed adjustments to the Town Attorney 2012 Budget
• Authorize the Supervisor to sign an agreement with Westchester County
relating to paratransit

Requests from the Water Distribution Superintendent:
• Approve an extension on the water leak detection bid with New
York Leak Detection

11. PERSONNEL
Retirement:
• Stuart South

12. REFUNDS
Duplicate Taxes
Account # 4185500 $ 4,405.49
Account # 3207500 $ 4,371.87

13. MONTHLY REPORT

14. COURTESY OF THE FLOOR

15. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: September 4, 2012

ADJOURNED PUBLIC HEARINGS
• 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)

OUTSTANDING BIDS:
• Two (2) F-250 trucks - Sewer Department

September 4, 2012 Town Board Meeting
Resolutions to be approved:

7. PUBLIC HEARINGS:
CONVENE: - CHAPTER 300 RELATING TO RECYCLING
NOTICE IS HEREBY GIVEN, that a public hearing will be convened by the Town Board, Town of Yorktown, Westchester County, New York at 363 Underhill Avenue, Yorktown Heights, New York 10598 on the 4th day of September, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider a proposed local law to amend Chapter 300 of the Code of the Town of Yorktown entitled “ZONING” with respect to Article V entitled “Schedule of Regulations,” to allow recycling as a permitted manufacturing use in the I-1 Planned Light Industrial District.

8. ADVERTISING
Public Hearings: September 18, 2012
Reconvene:
Lyhus – Request for a wetlands permit for the construction of a single
family home on Hanover Street
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 18th day of September, 2012 at 7:30 o’clock PM to consider the application of Chris & Pat Lyhus for a Wetlands Permit to construct a single family house, driveway, sewer & water connection and rain garden on Hanover Street, Yorktown Heights, NY 10598.

Convene:
Request for an erosion and sediment control permit – for the removal and
Replacement of a driveway at the Church of Latter Day Saints
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 18th day of September, 2012 at 7:30 o’clock PM to consider the application of the Latter Day Saints Church for an Erosion and Sediment Control Permit for property located on Kitchawan Road, Yorktown, New York. Described work: The removal and replacement of the driveway of the Yorktown Meeting House, 25,935 square feet of asphalt pavement.

Request for wetlands permit – NYC DEP – Reconstruction of existing access
road to Hunter Brook North Siphon Chamber
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, on the 18th day of September, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider the application of the New York City Department of Environmental Protection for a Stormwater Pollution Prevention Permit. The request is for reconstruction of an existing access road to Hunter Brook North Siphon Chamber. This will include replacing approximately 10,000 sq. ft. of deteriorated asphalt paving with new asphalt paving and re-establishing approximately 650 linear feet of grass lined ditches.

Request from Catucci – Authorize the Planning Board to use flexibility
Standards – Section 15, Block 1, Lot 17
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 18th day of September, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider the application of “Catucci aka Fieldstone Manor Subdivision” to authorize the Yorktown Planning Board to apply flexibility standards pursuant to Chapter 300, Article V, Section §300-22 of the Code of the Town of Yorktown.

Mohegan Lake Improvement District – Request for wetlands permit to continue
Lake Management Plan
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 18th day of September, 2012 at 7:30 o’clock PM to consider the application of Mohegan Lake Improvement District for a Wetlands Permit to continue its Lake Management Plan for the years 2012-2015.

IBM – Request for a wetlands permit – To install a Telecommunication Fiber
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 18th day of September, 2012 at 7:30 o’clock PM to consider the application of IBM for a wetands permit for excavating/backfilling and seeding required for the installation of a new 4” PVC conduit for a telecommunication Fiber.
Bids:
Cold Water Meters – Continuation of Project – Water Department
NOTICE IS HERE GIVEN that sealed bids will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 A.M. on September 24, 2012 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for Sensus Electronic Water Meters, Model SR-II in Sizes 5/8” x 3/4 ” and 1” and Radio Devices. Specifications may be obtained at the office of the Town Clerk in said Town Hall.

Various Chemicals for the Water Pollution Control Plant – Bid #12-06
NOTICE IS HEREBY GIVEN, Sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York, at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, until 10:00 A.M., on Wednesday, October 10, 2012, for Various Chemicals for the Yorktown Heights Sewage Treatment Plant, Bid #12-06.

2012 Rental of Roll-off Waste Containers
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk,
Town of Yorktown, Westchester County, NY until 11:00 AM on Monday, September 17, 2012 At the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for the Rental of Roll-Off Waste Containers.

9. AWARD BIDS
Smithco Super Star Hydraulic Drive Baseball Field Conditioner
WHEREAS, invitation to bid for one (1) New Smithco Super Star Hydraulic Baseball Field Conditioner Model 42-001D for the Yorktown Parks and Recreation Department was duly advertised, and

WHEREAS, said bids were received and opened on August 24, 2012, with the bid amounts for the above-referenced project summarized as follows; NOW, THEREFORE BE IT

COMPANY PRICE
Wilfred MacDonald, Inc. $14,119.00

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Brian Gray, the bid be and is hereby awarded to Wilfred MacDonald, Inc. the lowest responsible bidder for one (1) unit at $14,119.00.

10. RESOLUTIONS
Request from Assessor:
Approve certiorari with Shrub Oak Partners
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 16.09 Block 2 Lot 14, located at 1335 East Main Street, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, That the tax certiorari proceedings affecting tax parcel 16.09 -2-14, owned by Shrub Oak Partners, LLC, Account #0114500, for assessment roll years 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 be settled as set forth in the proposed stipulation as follows:

Roll Proposed Proposed Amount of Reduction
2004 $129,900 $129,000 $0
2005 $129,900 $129,000 $0
2006 $129,000 $103,000 $26,900
2007 $110,250 $110,250 $0
2008 $110,250 $110,250 $0
2009 $110,250 $110,250 $0
2010 $110,250 $110,250 $0
2011 $110,250 $110,250 $0

Request from Comptroller:
Approve transfer of $6,201.00 from Highway Budget to the Refuse District
Whereas, on August 6, 2012 Auctions International closed the bidding process for Town vehicles and received a $ 6,201.00 bid for Lot #17 – 1999 Mack RD690S Packer,

Whereas, Highway Superintendent Eric DiBartolo, has requested that rather than accepting the bid from an outside agency, he would like the packer truck to be transferred to the Highway Department where it will be refurbished and retro-fitted as a roll-off vehicle.

Resolved, the following 2012 budget transfer is hereby approved, and the Highway Superintendent has permission to purchase the 1999 Mack RD690S Packer from the Special Refuse District.

Increase: D 5130.201 Highway Equip $6,201.00
Decrease: D 5130.403 Machinery Repairs ($6,201.00)

Request from Library Director:
Approve transfer of funds
Be It Resolved, at the request of the Library Director, the following 2012 budget transfer is hereby approved:

Increase L 7410.201 Library Equipment $2,000
Decrease L 7410.416 Library Building Maint ($2,000)

Request from the Nutrition Center Director:
Authorize the Supervisor to sign the Regional Kitchen Agreement with
Somers for Title 111C from January 1, through December 31, 2012 and for SNAP (Supplemental Nutritional Assistance Program) from April 1, 2012 through March 31, 2013
RESOLVED, that the Town Supervisor is hereby authorized to sign a Regional Kitchen Agreement for Title 111C - with the Town of Somers for the Nutrition Program for the period of January 1, 2012 through December 31, 2012, and

BE IT FURTHER RESOLVED, that the Supervisor is also authorized to sign the Regional Kitchen Agreement with the Town of Somers for the SNAP (Supplemental Assistance Nutrition Program) for the period April 1, 2012 through March 31, 2013.

Requests from the Town Attorney:
Authorize the Supervisor to sign a fourth amendment to PCS Site agreement between the Town of Yorktown and STC Five LLC to change the legal description of the leased area and allow a cell tower owned by Crown Castle/STC Five to be raised to 140 feet
RESOLVED, that the Supervisor is authorized to sign a 4th Amendment to PCS Site Agreement between the Town and STC Five LLC, to change the legal description of the leased area and allow the cell tower owned by Crown Castle/STC Five LLC to be raised to 140’ from 133’.

Approve proposed adjustments to the Town Attorney 2012 Budget
BE IT RESOLVED, the following budget transfers in the Town Attorney budget 2012 are hereby authorized:

TRANSFER FROM TRANSFER TO
line code line description amount line code line description amount
1420.0425.0001 LABOR NON-RETAINER $5,000 --- to --- 1420.0424.0001 NON-RETAINER TAX CERTS $5,000
1420.0426.0003 ZBA NON-REIMBURSED OUTSIDE COUNSEL 5,000 --- to --- 1420.0424.0001 NON-RETAINER TAX CERTS 5,000
1420.0439 LITIGATION OUTSIDE COUNSEL FEES 100,000 --- to --- 1420.0443 LEGAL SETTLEMENTS 100,000
1420.0427 OUTSIDE EXPENSES 500 --- to --- 1420.0444 FILING FEES 500
1420.0427 OUTSIDE EXPENSES 4,500 --- to --- 1420.0443 LEGAL SETTLEMENTS 4,500
1420.0437 FORECLOSURE/SALE EXPENSES 1,000 --- to --- 1420.0446 UNSAFE STRUCTURES 1,000
1420.0437 FORECLOSURE/SALE EXPENSES 1,500 --- to --- 1420.0401 SUPPLIES 1,500
1420.0437 FORECLOSURE/SALE EXPENSES 2,500 --- to --- 1420.0443 LEGAL SETTLEMENTS 2,500
TOTAL $120,000 $120,000

Authorize the Supervisor to sign an agreement with Westchester County relating to paratransit
WHEREAS, that the Town of Yorktown participated in Westchester County’s Surplus Paratransit Bus Lottery on June 15, 2012 and is a lottery winner.

WHEREAS, that the Town of Yorktown accepts the Paratransit Bus identified below in “AS IS” condition and understands that the County makes no representations, guarantees, or warranties in connection with the identified:
YEAR: 2006
MAKE: Ford E350
VIN#: 1FDSE35P96DA92059
MILEAGE: 213,534

it is
RESOLVED, that the Supervisor is hereby authorized to sign an agreement with Westchester County to purchase the Surplus Paratransit Bus for the amount of $1.00.

Requests from the Water Distribution Superintendent:
Approve an extension on the water leak detection bid with New York Leak Detection
WHEREAS, bids for professional leak detection services on the Town’s 174 miles of water mains were accepted and opened and read aloud on August 2, 2010; and

WHEREAS, the Town of Yorktown has entered into an agreement with New York Leak Detection Inc. of Jamesville, NY to provide professional leak detection service; and

WHEREAS, according to contract specifications, the Town has the option to extend said bid for three additional years in one-year increments; and

WHEREAS, said bid commenced in 2010; at a cost of $21,750.00; and,

WHEREAS, the water district has ample funds to cover this expense, which will come out of Water District (SW) budget;

NOW THEREFORE, BE IT RESOLVED, the Water Distribution Superintendent hereby recommends to the Town Board that the Town exercise its option to renew the contract for the final year of the contract, per the terms and conditions of the bid.

12. REFUNDS - DUPLICATE TAXES
WHEREAS, records of the Receiver of Taxes indicate that the following duplicate tax payment was made:

Year and Tax S-P-L Account # Refund Amount
2012 Town/Cty 48.09-1-13 Account # 4185500 $ 4,405.49
2011 Sch 22 36.15-1-1 Account # 3207500 $ 4,371.87

BE IT RESOLVED, that the Supervisor is hereby authorized to refund the above noted amount.