Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
FEBRUARY 5, 2013

PLACE:
TOWN HALL 7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR MICHAEL GRACE
National Salute to Veteran Patients Week

4. REPORTS FROM TOWN BOARD MEMBERS

5. RESOLUTIONS FROM THE MEETING OF 1/22/2013

6. COURTESY OF THE FLOOR

7. PUBLIC HEARINGS
Convene:
• Request from Teatown for a wetlands permit to make structural
repairs to the existing Vernay Dam and associated concrete flume
• Revisions to the Section 8 Administrative Plan

8. ADVERTISING
Public Hearing:
• Proposed local law adding a section to Chapter 300-75 relating
to self-storage warehousing in C-1 Commercial Zones
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 19th day of February, 2013 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 300-75 of the Code of the Town of Yorktown entitled “ZONING” regarding self-storage warehousing in C-1 commercial zones as follows:

1. The following sections of this Article VII shall be complied with except as provided herein: Section 300-79(A), except that no residence for a caretaker shall be permitted; Section 300-79 (J); Section 300-79 (K); Section 300-79 (L).

A copy of the entire proposal can also be viewed on the Town Website at www.yorktownny.org.

BIDS:
• Single Axle Truck Chassis and Stainless Steel Cross Memberless
Body and Equipment – Highway Dept.
NOTICE IS HERE GIVEN that sealed proposals will be received by the
Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 A.M. on
February 19, 2013 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for Single Axle Truck Chassis & Stainless Steel Cross- Memberless Body & Equipment. A copy of the Highway Department bid including specifications can be viewed on the Town Website at www.yorktownny.org.

• SCAG Turf Tiger Zero Turn Mower – Model STT-28CAT-SS with
SMT – 72V Deck and Hurricane Mulching Kit – Parks Dept.
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, NY until 11:00 AM on Friday, February 15, 2013 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for a SCAG Turf Tiger Zero Turn Mower – Model STT- 28CAT-SS with SMT – 72V Deck and Hurricane Mulching Kit.
A copy of the Parks Department bid including specifications can be viewed on the Town Website at www.yorktownny.org

• Walker MD Diesel Zero Turn Grass Collection Mower – Parks Dept.
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, NY until 11:00 AM on Friday, February 15, 2013 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for a Walker MD Diesel Zero Turn Grass Collection Mower.
A copy of the Parks Department Bid including specifications can be viewed on
the Town Website at www.yorktownny.org

9. PERSONNEL
Appointments:
• Barbara Korsak
BE IT RESOLVED, that Barbara A Korsak is hereby appointed Assessment Clerk job class code 0089-01, from Eligible List No. 60-382, in the Tax Department, effective February 11, 2013 to be paid from Yorktown CSEA Salary Schedule A-1, Group 10, Step 3 which is $55,888.00 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 February 11, 2013.
.
• Cheryl Kastuk
BE IT RESOLVED, that Cheryl Kastuk of Putnam Valley, NY, is hereby reinstated in the Town of Yorktown as a Real Property Appraiser, job class code 0064-01, effective February 11, 2013 to be paid from Yorktown CSEA Salary Schedule A-1, Group 12, Step 1 which is $58,092.00 annually,

BE IT RESOLVED, contingent upon successful completion of a drug test and reference checks,

BE IT RESOLVED, that Cheryl Kastuk will report to work at the Assessor Department on February 11, 2013, and this date will be used as the first date of appointment,

BE IT FURTHER 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 February 11, 2013.

10. RESOLUTIONS
Request from Highway Superintendent:
Award Bid for Caliber M2000 w/Blue /Corrosion Inhibited.
WHEREAS, invitation to bid for the Caliber M2000 Liquid w/Blue Dye for the Town of Yorktown was duly advertised, and

WHEREAS, said bids were received and opened on February 5, 2013, with the bid amounts for the above-referenced project summarized below:

SWP Enterprises LLC $.92 per gallon
Innovative Municipal Product $1.22 per gallon
LJMACA Corporation $1.53 per gallon

WHEREAS, SWP Enterprises LLC did not meet the Bid Specifications.

RESOLVED, that upon the recommendation of the Highway Superintendent, Eric DiBartolo, the bid for the Caliber M2000 Liquid w/Blue Dye be and is hereby awarded to Innovative Municipal Products Inc., at the amount of $1.22 per gallon, the most responsive bidder.

BE IT FURTHER RESOLVED, the contract is to begin on February 6, 2013 and terminate on February 7, 2014.

Requests from the Town Attorney:
Renew lease with Yorktown Teen Center for use of Yorktown Community and Cultural Center
WHEREAS, Yorktown Teen Center Inc., a New York not-for-profit corporation (“Tenant”), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural Center for the 2013 calendar year (January 1 – December 31, 2013), and the Town of Yorktown wishes to lease such space to Tenant, and

WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and

NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQRA”) and therefore no further review is required under SEQRA; and be it

FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it

FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in The Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution, and be it

FURTHER RESOLVED, that if 30 days after publication and posting of the above-described notice, this Resolution has not been challenged by permissive referendum, the Town Supervisor shall be authorized to sign a lease with the Tenant.
Renew lease with Manetoo Dance Ensemble for use of Yorktown Community and Cultural Center

WHEREAS, Manetoo Dance Ensemble, Inc. d/b/a Westchester Ballet Center, a New York for profit corporation (“Tenant”), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural for the 2013 calendar year (January 1 – December 31, 2013), and the Town of Yorktown wishes to lease such space to Tenant, and

WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and

NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQRA”) and therefore no further review is required under SEQRA; and be it

FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it

FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in The Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution; and be it

FURTHER RESOLVED, that if 30 days after publication and posting of the above-described notice, this Resolution has not been challenged by permissive referendum, the Town Supervisor shall be authorized to sign a lease with the Tenant.
Renew lease with Yorktown Community Help for use of Yorktown Community and Cultural Center

WHEREAS, Yorktown Community Help, Inc., a New York not-for-profit corporation (“Tenant”), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural Center for the 2013 calendar year (January 1 – December 31, 2013), and the Town of Yorktown wishes to lease such space to Tenant, and

WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and

NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQRA”) and therefore no further review is required under SEQRA; and be it

FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it

FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in The Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution; and be it

FURTHER RESOLVED, that if 30 days after publication and posting of the above-described notice, this Resolution has not been challenged by permissive referendum, the Town Supervisor shall be authorized to sign a lease with the Tenant.
Renew lease with Get Fit/Fit Kids Corp. for use of Yorktown Community and Cultural Center

WHEREAS, Get Fit/Fit Kids Corp., a New York for profit corporation (“Tenant”), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural Center for the 2013 calendar year (January 1 – December 31, 2013), and the Town of Yorktown wishes to lease such space to Tenant, and

WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and

NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQRA”) and therefore no further review is required under SEQRA; and be it

FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it

FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in The Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution, and be it

FURTHER RESOLVED, that if 30 days after publication and posting of the above-described notice, this Resolution has not been challenged by permissive referendum, the Town Supervisor shall be authorized to sign a lease with the Tenant.
Renew lease with Kids to Kids International for use of Yorktown Community and Cultural Center

WHEREAS, Kids to Kids International, Inc., a New York not-for-profit corporation (“Tenant”), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural Center for the 2013 calendar year (January 1 – December 31, 2013), and the Town of Yorktown wishes to lease such space to Tenant, and

WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and

NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQRA”) and therefore no further review is required under SEQRA; and be it

FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it

FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in The Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution, and be it

FURTHER RESOLVED, that if 30 days after publication and posting of the above-described notice, this Resolution has not been challenged by permissive referendum, the Town Supervisor shall be authorized to sign a lease with the Tenant.
Direct the Receiver of taxes to remove from her records the prior
Liens for the parcels listed below:
WHEREAS, the Town has accepted the dedications and has taken title to the parcels listed below; and

WHEREAS, the Town of Yorktown wishes to remove all liens on record for each parcel from the Receiver’s records, on the grounds that they are uncollectible; and

WHEREAS, prior to such acceptances, the owners of record of such parcels failed to pay real property taxes for one or more years and liens were imposed on such parcels;

NOW THEREFORE BE IT RESOLVED, the Town Board directs the Receiver of Taxes to remove from her records the prior liens for the parcels listed below:

LOCATIONS OF PARCELS PARCEL ID OWNER NAME (as shown in Tax Receiver Records) CURRENT OWNER NAME
NAVAJO RD. 6.18-1-70.11 SCHAFFER, JACOB & RUTH TOWN OF YORKTOWN
NAVAJO RD. 6.18-1-71.11 SCHAFFER, JACOB & RUTH TOWN OF YORKTOWN
MARCY ST. 15.8-2-96 CUNNANE DEV CORP TOWN OF YORKTOWN
MARCY ST. 15.8-2-97 CUNNANE DEV CORP TOWN OF YORKTOWN
STRAWBERRY RD. 15.12-1-77.11 CUNNANE DEV CORP TOWN OF YORKTOWN
CRANBERRY LA. 16.5-3-17 CUNNANE DEV CORP TOWN OF YORKTOWN
MILL ST. 16.5-3-22.11 CUNNANE DEV CORP TOWN OF YORKTOWN
MILL ST. 16.5-3-23.11 CUNNANE DEV CORP TOWN OF YORKTOWN
OLD YORKTOWN RD. 16.15-1-84.11 BUCKLEY, JOHN JR. ET AL TOWN OF YORKTOWN
WILDWOOD ST. 16.16-1-11 W A DEVELOPMENT CORP. TOWN OF YORKTOWN
LONDON RD. & CHEN CT. 26.8-2-1 NEW HOPE FARM 1 TOWN OF YORKTOWN
DEER ST. 26.18-1-39 DEER HOLLOW ESTATES LLC TOWN OF YORKTOWN
GOMER ST. 27.5-2-53.11 BELMONTE, BIAGGIO TOWN OF YORKTOWN
2365 MOHANSIC AVE. 36.07-1-1 BETHEL, CHARLES TOWN OF YORKTOWN
CROW HILL RD. 70.08-1-25 WEINGARTEN & NEUBERGER TOWN OF YORKTOWN
CROW HILL RD. 70.08-1-38.11 WEINGARTEN & NEUBERGER TOWN OF YORKTOWN
MOHANSIC AVE. 700.-1-1./0021 BETHEL, CHARLES TOWN OF YORKTOWN

Requests from the Town Clerk:
• Approve a commercial Garbage License for ATNM Corp.
Resolved, that ATNM Corp. be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2013.

• Amend Resolution #592/2012
WHEREAS Resolution Number 592 of 2012 was adopted by the Town
Board on December 18, 2012, and

WHEREAS, the Town Board defined its list of Managerial Employees by
Office title

RESOLVED, paragraph 11 is amended by adding Confidential Secretary to the list.

Request from the Town Board:
• Amend wetland permit for Creative Living
Not available at time of publishing

Request from Water Distribution Supt.
Extend the bid with National Metering Services, Inc. until February 15, 2013
WHEREAS, the Town awarded a one-year contract to low bidder National Metering Services, Inc., which grants the Town the option to renew the contract for one additional year; and

WHEREAS, National Metering Services, Inc. has agreed to a shorter renewal term to end on February 15, 2013; and

WHEREAS, the Town Board has determined it is in the best interest of the Town to renew the contract with National Metering Services, Inc. through February 15, 2013; now therefore, be it

RESOLVED, that the Town Board hereby exercises its option to extend the contract with National Metering Services, Inc. extending the contract to February 15, 2013, as permitted by Part Five of the Town’s Request for Bids, incorporated in the contract with National Metering Services, Inc.

Approve water bill adjustment:
RESOLVED, that based on Town Code 280-15D.5 (A) the homeowner should not be responsible for the excessive water recorded due to a faulty meter;

FURTHER RESOLVED, that upon recommendation of the Water Distribution Superintendent, an adjusted invoice for account #41-0245322-6 in the amount of $65.00 be issued to Cynthia Kaplan for water consumption at 3226 Mohegan Avenue, Mohegan Lake, NY 10547.

Request from the Coordinator of Refuse & Recycling:
Extend the Bid for Bodywork on Town Cars
WHEREAS, the Town Board awarded the contract for Bodywork on Town Cars to Tompkins Garage Inc., the lowest responsible bidder, on February 2, 2010, for one (1) year with the option to renew for three (3) additional years, at a rate of $30/hour,

And WHEREAS, said contract has been renewed twice and expires on February 1, 2013;

NOW THEREFORE, BE IT RESOLVED, that upon the recommendation of the department head of the Refuse & Recycling Department, Kim Angliss-Gage, the Town Board hereby exercises its third and final option to renew the contract, and does hereby renew the contract, retroactively to February 2, 2013, for the period of February 2, 2013 through February 1, 2014.

Extend the Bid for Bodywork on Town Trucks
WHEREAS, the Town Board awarded the contract for Bodywork on Town Trucks to Tompkins Garage Inc., the lowest responsible bidder, on February 2, 2010, for one (1) year with the option to renew for three (3) additional years, at a rate of $30/hour,

And WHEREAS, said contract has been renewed twice and expires on February 1, 2013;

NOW THEREFORE, BE IT RESOLVED, that upon the recommendation of the department head of the Refuse & Recycling Department, Kim Angliss-Gage, the Town Board hereby exercises its third and final option to renew the contract, and does hereby renew the contract, retroactively to February 2, 2013, for the period of February 2, 2013 through February 1, 2014.

11. MONTHLY REPORTS
Receiver of Taxes – January 2013
Building Construction Report – January 2013

12. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: February 5, 2013

CURRENT BIDS:

PRINTING AND PUBLICATIONS - Due Back – February 6, 2013