Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
SEPTEMBER 18, 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 9/4/2012

6. COURTESY OF THE FLOOR

7. PUBLIC HEARING
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 15.11, 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

9. AWARD BIDS
• Roll-off Containers – Granite Knolls

10. RESOLUTIONS
Request from the Court Clerk:
• Authorize the Supervisor to sign the JCAP Grant application

Requests from the Engineering Department:
• Mohegan Lake Motors Site Plan – Route 6
Accept Performance, Erosion Bonds and Inspection Fee
• Yorktown Farms – Performance Bond Reduction
• Request for Budget Transfer – Decrease Line YS 8130.418 Equipment Maintenance, Increase Line YS 8130.201 Equipment-Engineering Department
Request from the Highway Superintendent:
• Release of Escrow Deposit – Driveway Permit #1115 - $350.00
• Request to increase budget line D.2779 by $85,072.21 and Increase
budget line D.5110.403 by $85,072.21 – to be funded by the
Westchester County IMA

Request from the Town Attorney
• Authorized Supervisor to sign a Lease agreement with Pitney Bowes for the mail machine/postage meter at the John C. Hart Memorial Library
• Authorize the Supervisor to sign an Inter-Municipal License Agreement with Westchester County for Cablevision Lightpath telecommunication services.

Request from the Water Distribution Superintendent
• Authorize the Supervisor to sign an agreement with ABC Renovations –
for work on drainage grates in the Water Department Garage

11. PERSONNEL
Resignation:
• Joan Goldberg - Comptroller

12. VOLUNTARY BOARDS
Appointments:
• William LaScala – Conservation Board

13. REFUNDS

14. MONTHLY REPORT
Building Department – Estimated Cost of Construction – August, 2012
Receiver of Taxes

15. COURTESY OF THE FLOOR

16. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN
DATED: September 18, 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:
Bids:
• Two (2) F-250 trucks - Sewer Department
• Cold Water Meters – Continuation of Project – Water Department –
Due Back – September 24, 2012
• Various Chemicals for the Water Pollution Control Plant
– Bid #12-06 - Due Back – October 10, 2012
• Residential Garbage – Due Back October 1, 2012

September 18, 2012 Town Board Meeting
Resolutions to be approved:

5. RESOLUTIONS FROM THE MEETING OF 9/4/2012
Resolved, that the Town Board Meeting Resolutions for September 4, 2012 are approved by the Town Board.

7. PUBLIC HEARING:
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 18tht 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 15.11, 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 an Underground Fiber Line
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.

9. AWARD BIDS:
Roll-off Containers – Granite Knolls
WHEREAS, invitation to bid for roll-off waste containers for a demolition job at Granite Knolls, 3000 Stony Street, Town of Yorktown, NY was duly advertised, and

WHEREAS, said bids were received and opened on the 17th day of September, 2012 with the bid amounts for the above-referenced project summarized as follows:

Price Per Haul Price for Tipping Total Bid
Per Container Each Ton
(20 Containers) (175 Tons)
CRP Sanitation, Inc.
Cortlandt Manor, NY $140.00 $78.00 $16,450.00

ATNM Corporation
Briarcliff Manor, NY $150.00 $82.00 $17,350.00

AAA Carting
Cortlandt, NY $100.00 $73.50 $14,862.50

Suburban Carting
Briarcliff Manor, NY $225.00 $92.00 $20,600.00

RESOLVED, that the lowest bidder, AAA Carting, is hereby awarded the bid for roll-off waste containers

10. RESOLUTIONS:
Authorize the Supervisor to sign the JCAP Grant application
RESOLVED, the Town Supervisor is hereby authorized to sign an application for the Justice Court Assistance Program Grant.

Mohegan Lake Motors Site Plan – Route 6 - Accept Performance, Erosion Bonds and Inspection Fee
WHEREAS, Barry Rost as applicant, provided the Town with Selective Insurance Company of America Site Plan Bond #B1121079, in the amount of $247,684.00 to serve as the Performance Bond for the Mohegan Lake Motors Site Plan located on Route 6, and

WHEREAS, Barry Rost as applicant, provided the Town with Selective Insurance Company of America Permit Bond #B1121084, in the amount of $20,000.00 to serve as the Erosion Control Bond, and

WHEREAS, Barry Rost as applicant, provided the Town with Check #092167, in the amount of $21,414.00 to serve as the 8% Inspection Fee, and

WHEREAS, Barry Rost as applicant, provided the Town with Check #091891, in the amount of $4,000.00 to serve as the Wetland Bond for Wetland and Stormwater Permit #WP-FSWPPP-062-11, and

WHEREAS, Barry Rost as applicant, provided the Town with Check #091890, in the amount of $5,000.00 to serve as the Erosion Control Bond for Wetland and Stormwater Permit #WP-FSWPPP-062-11, and

WHEREAS, Barry Rost as applicant, provided the Town with Check #091892, in the amount of $800.00 to serve as the Inspection Fee for wetland and stormwater inspections for the Town’s wetland consultant for Wetland and Stormwater Permit #WP- FSWPPP- 062-11, NOW, THEREFORE BE IT

RESOLVED, that the above referenced monies are hereby accepted to serve as the required bonds and fees for the above referenced site plan.

Yorktown Farms – Performance Bond Reduction
WHEREAS, Val Santucci, as applicant, provided the Town with Hudson Valley Bank, N.A., Letter of Credit No.707, in the amount of $1,094,062.00, to serve as the Performance Bond for the Yorktown Farm Subdivision, located off Gomer Street, and

WHEREAS, the Performance Bond was reduced to $418,890.00 at the Town Board Meeting of October 26, 2010, and

WHEREAS, Val Santucci, as applicant, provided the Town with Hudson Valley Bank, N.A., Letter of Credit No.711, in the amount of $40,000.00, to serve as the Erosion Control Bond for the Yorktown Farms Subdivision, and

WHEREAS, Val Santucci, as applicant, provided the Town with Hudson Valley Bank, N.A., Letter of Credit No.719, in the amount of $15,000.00, to serve as the Wetland Bond for Wetland/Excavation Permit #WP-E-010-08, and

WHEREAS, Val Santucci, as applicant, has requested a second Performance Bond reduction as certain construction items are complete, and

WHEREAS, the Town Engineer has informed this Board that a representative of her department has inspected the property and determined public improvements have met Town requirements, therefore, a second bond reduction has been completed and all other securities held, NOW, THEREFORE, BE IT

RESOLVED, that said Performance Bond, Letter of Credit No. 707, be reduced to $231,103.90 ($418,890-$231,103.90 = $187,787.00 back to developer) and, BE IT FURTHER

RESOLVED, that the Erosion Control Bond, Letter of Credit No. 711, in the amount of $40,000, remain in full force and effect, and, BE IT FURTHER

RESOLVED, that Hudson Valley Bank, N.A., Letter of Credit No.719, in the amount of $15,000.00, for Wetland/Excavation Permit #WP-E-010-08, remain in full force and effect, and, BE IT FURTHER

RESOLVED, that all remaining monies will be held in full force and effect until all construction is completed.

Request for Budget transfer – Decrease Line YS 8130.418 Equipment Maintenance, Increase Line YS 8130.201 Equipment-Engineering Department
Be It Resolved, upon the request of Acting Town Engineer Sharon Robinson, the following 2012 budget transfer is approved:

Decrease: YS 8130.418 Equipment Maintenance ($7,372.00)
Increase: YS 8130.201 Equipment +$7,372.00

Release of Escrow Deposit – Driveway Permit #1115 - $350.00
RESOLVED, that the Town Board authorizes the release of an escrow deposit in the amount of $350.00 to David & Laurie Steinmetz, 2415 Pinetree Place, Yorktown Heights, NY 10598 for Driveway Permit No. 1115.

Request to increase budget line D.2779 by $85,072.21 and increase budget line D.5110.403 by $85,072.21 – to be funded by the Westchester County IMA
Be It Resolved, the following 2012 Highway Budget Increase is authorized in order to utilize Westchester County IMA funds:

Increase D 2779 Westchester County IMA $85,072.21
Increase D 5110.403 Road Maintenance $85,072.21

Authorized Supervisor to sign an agreement with Pitney Bowes for the mail machine/postage meter at the John C. Hart Memorial Library
RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Pitney Bowes for the mail machine/postage meter at the John C. Hart Memorial Library.

Authorize the Supervisor to sign an Inter-Municipal License Agreement with Westchester County for Cablevision Lightpath telecommunication services RESOLVED, that the Town Supervisor is hereby authorized to sign an
InterMunicipal License Agreement with Westchester County for Cablevision Lightpath telecommunication services.

Authorize the Supervisor to sign an agreement with ABC Renovations –
for work on drainage grates in the Water Department Garage
RESOLVED, that the Supervisor is authorized to sign a contract with ABC Renovations, Inc., 1516 Heights Drive, Yorktown Heights, NY, to remove existing deteriorated floor grates and replace them with new floor grates in the Water Department main garage located at 1080 Spillway Road in Shrub Oak, including concrete work.

FURTHER RESOLVED, the cost for this project is $1,800.00.

11. PERSONNEL
Resignation:
Joan Goldberg - Comptroller
Resolved, that the Town Board accepts the resignation of Town Comptroller Joan Goldberg effective September 21, 2012.

12. VOLUNTARY BOARDS
Appointments:
William LaScala – Conservation Board
BE IT RESOLVED, that William LaScala is hereby appointed as a member of the Conservation Board for a three year term expiring on 09/18/2015.

13. REFUNDS

14. MONTHLY REPORT
Building Department – Estimated Cost of Construction – August, 2012
Receiver of Taxes