Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
May 3, 2011

PLACE:                TIME:
TOWN HALL         7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. POLICE DEPARTMENT PRESENTATION
• Promotion – Julianne Vicinanza
• Police Awards

4. APPOINTMENTS
• Highway Department:
Daniel Moran – Senior Automotive Mechanic
Charles Vilarino – Lead Automotive Mechanic

• Volunteer Boards:
Stuart Wadler – Recreation Commission (Alternate Member)

5. REPORT FROM SUPERVISOR SUSAN SIEGEL

6. REPORTS FROM TOWN COUNCIL

7. COURTESY OF THE FLOOR

8. PUBLIC HEARINGS
Convene:
• Proposed local law amending Chapter 275 -4 Parking, A-No
Parking Zone –Decatur Road, both sides, from a point 100’
east of Cabot Lane to the end of the cul-de-sac

Reconvene:
• Rezonings – Proposed zoning changes associated with the
Comprehensive Plan
Convene:
• Proposed local law amending various sections Chapter 45 – Ethics
and new Ethics Disclosure Statement

9. ADVERTISEMENTS
• Public Hearings: - May 17, 2011
Requests for Community Development Block Grants

• Bids:
Household Garbage Bid

10. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)
• Summer Camp Bus Bid – Parks and Recreation

11. REFERRAL
• Proposed local law amending Chapter 300 relating to
Affordable Housing

12. RESOLUTIONS
• Requests from the Comptroller:
Approve $600,000 Budget Transfer for Tax Certioraris
Authorize water meter project funded by water district
Reserves
Amend Bid Award dated April to E. J. Prescott for electronic
water meters

• Requests from the Engineering Department:
Approve Bond and Fee Acceptance for
#WP-E-010-10 & #WP-T-019-11

• Requests from Environmental Conservation:
Extend HVAC Maintenance and Repair Services
Contract with Clean-Air Quality Service for the period
July 1, 2011 – June 30, 2012

• Requests from the Legal Department
Authorize the Supervisor to sign an agreement with AT&T
to govern the relocation of a buried cable

• Requests from the Supervisor’s Office:
Declare certain town owned parcels as parkland

13. REFUNDS
• Water Department:
Elizabeth Silverman - $255

14. COURTESY OF THE FLOOR

15. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: May 3, 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.

ADVERTISED REQUESTS FOR PROPOSALS/BIDS
• Audio and Video Equipment for the Town Meeting Room –
Supervisor’s Office – (Due Back 5/12/2011)
• Appraisal Services - Residential (RFP) – Assessor
(Due Back 5/06/2011)
• Appraisal Services – Non Residential (RFP) – Assessor
(Due Back 5/06/2011)
• Alarm Monitoring RFP ( Due Back May 27, 2011)
• T-Shirts and Uniforms – Parks and Recreation (May 16, 2011)

PUBLIC HEARING – May 17, 2011
• Request for a Wetlands Permit for construction of a single family
house, driveway, water, sewer and other utilities –
Zeal Construction – Parmly Road

PUBLIC HEARINGS STATUS
DECISION - PENDING
• Proposed local law amending Chapter 275 -4 Parking, A-No
Parking Zone -adding an additional section of Veterans Road

Town Board Meeting
May 3, 2011

3. POLICE DEPARTMENT PRESENTATION
Promotion – Police Department
BE IT RESOLVED, that Julianne M. Vicinanza is hereby appointed Police Sergeant, job class code 0133-01, from Eligible List No. 73-414, in the Police Department, effective May 4, 2011 to be paid from Yorktown PBA Salary Schedule, which is $101,010.00 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 May 4, 2011.

4. APPOINTMENTS
Highway Department:
Daniel Moran – Senior Automotive Mechanic
BE IT RESOLVED, that Daniel G Moran is hereby appointed Senior Automotive Mechanic, job class code 0484-02, in the Highway Department, effective May 4, 2011, to be paid from Yorktown CSEA Salary Schedule A, Group 13, Step 4 which is $62,916.00 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 May 4, 2011.

Charles Vilarino – Lead Automotive Mechanic
BE IT RESOLVED, that Charles J Vilarino is hereby appointed Lead Maintenance Mechanic (Automotive), job class code 0480-02, in the Highway Department, effective May 4, 2011, to be paid from Yorktown CSEA Salary Schedule A, Group 15, Step 4 which is $69,787.00 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 May 4, 2011.

Volunteer Boards:
Stuart Wadler – Recreation Commission (Alternate Member)
BE IT RESOLVED, that Stuart Wadler of Yorktown is hereby appointed to the Parks and Recreation Commission as an alternate to fill an unexpired term expiring on December 31, 2016.

9. ADVERTISEMENTS
Public Hearings: - May 17, 2011
Requests for Community Development Block Grants
NOTICE IS HEREBY GIVEN that an 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 17th day of May, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider the proposed application relating to Community Block Development Grants.

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

Bids:
Household Garbage Bid
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 Thursday, May 26, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for Residential Garbage & Recyclable Material Collection and Disposal Bid.

All bids must be accompanied by an executed non-collusion bidding certificate.

Specifications may be obtained at the office of the Town Clerk at said Town Hall, Yorktown Heights, NY during regular office hours.
The bidder assumes the risk of any delay in the mail or in the handling of mail by the employees of the Town of Yorktown. Whether sent by mail or means of personal delivery, the bidder assumes the responsibility for having bids in at the time and the place specified above.

The Town Board reserves the right to reject any or all bids and to accept that bid which it deems most favorable to the interests of the Town of Yorktown.

10. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)

Summer Camp Bus Bid – Parks and Recreation
WHEREAS, invitation to bid for the Provision of Buses for the Summer Camp Program for the Yorktown Parks and Recreation Department was duly advertised, and

WHEREAS, said bids were received and opened on May 2, 2011, with the bid amounts for the above-referenced project summarized as follows; NOW, THEREFORE BE IT

Section I. A. (School Buses for Swimming Program)

COMPANY BID
1 Royal Coach Lines, Inc. $6,820.00 (1 bus) / $13,640.00 (2 buses)
2 Baumann & Sons Buses, Inc. $6,599.56 (1 bus) / $13,199.12 (2 buses)
3 J & R Tours No Bid
4 JTR Transportation No Bid
5 Chappaqua Dutchess Transportation No Bid
6 Hudson Valley Transportation No Bid

Section I. B (School Buses for Extended Day Program)

COMPANY BID
1 Royal Coach Lines, Inc. $1,725.00 (1 bus) / $3,450.00 (2 buses)
2 Baumann & Sons Buses, Inc. $3,449.54 (1 bus) / $6,899.08 (2 buses)
3 J & R Tours No Bid
4 JTR Transportation No Bid
5 Chappaqua Dutchess Transportation No Bid
6 Hudson Valley Transportation No Bid

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Jennifer Fava, the bid for Section I. A. (School Buses for Swimming Program) and Section I. B (School Buses for Extended Day Program) be combined and is hereby awarded to Royal Coach the lowest responsible bidder.

Section I. C (School Buses for Trips)

1 Baumann & Sons Buses, Inc. $10,111.16
2 Royal Coach Lines, Inc. $10,915.00
3 J & R Tours No Bid
4 JTR Transportation No Bid
5 Chappaqua Dutchess Transportation No Bid
6 Hudson Valley Transportation No Bid
RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Jennifer Fava, the bid for Section I. C (School Buses for Trips) be and is hereby awarded to Baumann & Sons Buses, Inc. the lowest responsible bidder.

Section II (Coach Buses for Trips)

COMPANY BID
1 Chappaqua Dutchess Transportation $12,225.00
2 Hudson Valley Transportation $12,300.00
3 JTR Transportation $12,600.00
4 J & R Tours $13,875.00
5 Baumann & Sons Buses, Inc. $15,300.00
6 Royal Coach Lines, Inc. No Bid

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Jennifer Fava, the bid for Section II. (Coach Buses for Trips) be and is hereby awarded to Chappaqua Dutchess Transportation the lowest responsible bidder.

AND BE IT FURTHER

RESOLVED, the results of sections I and II, is hereby awarded to Royal Coach Lines, Inc. and will amount to approximately: (please note – trips may change due to scheduling changes/conflicts/weather etc. Additional bids were collected for other trips and will be used if needed)

Section I.A (2 buses) and Section I.B (1 bus) to Royal Coach Lines = $15,365.00
Section I.C to Baumann & Sons Buses, Inc. = $10,111.16
Section II to Chappaqua Dutchess Transportation = $12,225.00

11. REFERRAL
Proposed local law amending Chapter 300 relating to Affordable Housing
RESOLVED, that the Town Clerk will refer out proposed local law amending Chapter 300 relating to affordable Housing to the appropriate agencies.

12. RESOLUTIONS
Requests from the Comptroller:
Approve $600,000 Budget Transfer for Tax Certioraris
Whereas, after Town Board discussion on April 26, 2011, and
After input from both the Town Comptroller and the Town Assessor,
The Town Board hereby authorizes the Town Comptroller to create a fund balance reserved for tax certiorari, and Be It Resolved, the Town Board authorizes the transfer of $600,000 from Unreserved Fund Balance to Fund Balance Reserved for Certiorari, effective 12/31/10.

Authorize Water Meter Project funded by Water District Reserves
Whereas, upon recommendation of the Water Distribution Superintendent, the capital project Flexnet Meters Phase I is hereby authorized at $1,000,000, to be funded from the Consolidated Water District Unreserved Fund Balance. As such, the following budget transfer is hereby approved:

Increase: SW 1002 Appropriated Fund Balance $1,000,000
Increase: SW 8340.483 Capital Projects $1,000,000

Amend Bid Award dated April 5, 2011 to E.J. Prescott for Electronic Water Meters
Whereas, on April 5, 2011, the Town Board awarded a bid for cold water meters with electronic encoder registers and rapid read systems to E.J. Prescott Inc, and

Whereas the resolution read that upon the recommendation of the Water Distribution Superintendent, David Rambo, the bid of $148,688.01 per unit cost for the purchase of cold water meters with electronic encoder registers and rapid read systems is hereby awarded to:

E.J. Prescott Inc.
198 Ushers Road
Round Lake, NY 12151

Now, Therefore, Be It Resolved, that the resolution should have stated that upon recommendation of the Water Distribution Superintendent, David Rambo, the bid shall be awarded to E.J. Prescott Inc, in accordance with the attached price list.

Approve Bond and Fee Acceptance for #WP-E-010-10 & #WP-T-019-11
WHEREAS, C.J. Diven as applicant, provided the Town with Gotham Bank
Certificate of Deposit #44958 in the amount of $25,000.00, to serve as the Wetland and Tree Bond which will be held for a five-year period, for the Creative Living Site Plan located on Navajo Road, and

WHEREAS, C.J. Diven as applicant, provided the Town with Gotham Bank
Certificate of Deposit #44957 in the amount of $15,000.00, to serve as the Erosion Control Bond for the Creative Living Site Plan, and

WHEREAS, C.J. Diven as applicant, provided the Town with Check #4491 in
the amount of $5,000.00, to serve as the construction monitoring escrow fee for
the Creative Living Site Plan, and

WHEREAS, C.J. Diven as applicant, provided the Town with Check #4492 in
the amount of $7,375.00, to serve as escrow monies for the town’s wetland
consultant for review of the Creative Living Site Plan, NOW, THEREFORE BE IT

RESOLVED, that the above referenced monies are hereby accepted to serve as
the required bonds and fee for the above referenced site plan.
Extend HVAC Maintenance and Repair Services Contract with Clean-Air Quality Service for the period July 1, 2011 – June 30, 2012
WHEREAS, bids for the HVAC Maintenance and Repair Services for the Town of Yorktown was duly advertised; and

WHEREAS, said bid were received and opened on June 21, 2010, with the bid amounts for the above referenced project summarized below:

Company Regular Over-time Sunday/Holiday
Name Hourly Rate Hourly Rate Hourly Rate Discount
Clean-Air Quality Service $116.00 $174.00 $232.00 10%
161 Brady Ave.
Hawthorne, NY 10532

D.P. Wolff $117.40 $176.10 $234.80 10%
143 Bedford Rd.
Katonah, NY 10536

Metro-Aire, Inc. $122.00 $183.00 $244.00 10%
122 N. Broad St.
Peekskill, NY 10566

Sun-Dance Energy $119.50 $160.00 $240.00 10%
Contractors, Inc.
d/b/a Markley Mechanical
424 Central Ave.
Peekskill, NY 10566

WHEREAS, the Town has the option to extend said bid for one additional period of twelve months upon same terms and conditions as are contained in the contract at the time said option is exercised; and

WHEREAS, said bid commenced July 1, 2010 through June 30, 2011 with option for one additional year; NOW THEREFORE BE IT

RESOLVED, that the Superintendent of Environmental Conservation Patrick Lofaro hereby recommends to the Town Board that the Town exercise its option to renew the contract for one additional year, per the terms of the bid; and be it

FURTHER RESOLVED, the date of the extension will commence July 1, 2011 through to June 30, 2012.

Authorize Supervisor to Sign Agreement with AT&T to Govern the Relocation of a Buried Cable
WHEREAS, AT&T is a grantee of an Easement granted by the Town dated April 5, 1968, recorded in Liber 6792, Page 521, County of Westchester, State of New York (the “Easement”) and AT&T has a buried cable located in the Easement; and
WHEREAS, the Town and AT&T entered into a Stipulation of Settlement (“Stipulation”) dated on or about November 3, 1992, to settle litigation between them captioned Town of Yorktown v. American Telephone & Telegraph, Index No. 6222/91 (NY Sup.Ct. App. Div. 2d Dept.), which Stipulation concerns the relocation of the buried cable; and

WHEREAS, Mongero Properties, LLC, a developer (“Mongero”), has made an application to the Town seeking to develop a parcel of real property fronting on Downing Drive, including the construction of a street on a segment of the mapped bed of Downing Drive within the Easement; and

WHEREAS, AT&T’s cable must be moved and encased in order to permit Mongero to construct the road segment on Downing Drive; and

WHEREAS, Mongero has provided the Town $70,000 to hold in an escrow fund pursuant to an escrow agreement with the Town, from which fund the Town will draw to pay AT&T up to $70,000 for the development of this segment of Downing Drive in accordance with the Stipulation;

BE IT RESOLVED, that the Town Board hereby authorizes the Supervisor to enter into an agreement with AT&T to govern such relocation work and payment by the Town to AT&T pursuant to the Stipulation.

Declare certain town-owned parcels as parkland
WHEREAS, Town Law Section 64 allows a town to acquire, in the manner provided by law any lands or rights therein, either within or outside the town boundaries, real property required for any public purpose and Article 11 of the Real Property Tax Law allows a town to acquire real property through in rem foreclosure; and

WHEREAS, the Town of Yorktown has come into the ownership of certain parcels of property through purchase and/or in rem foreclosure; and

WHEREAS, a review by the Town of Yorktown has determined that these properties are appropriate for parkland; and

WHEREAS, the Town Board finds that dedication of these parcels is in the public interest and is consistent with the Town’s policy with respect to the acquisition and preservation of parkland, be it

RESOLVED, the Town of Yorktown does hereby formally dedicate the following parcels as public parkland:

Section Block Lot Location
48.11 3 68 (No Number) Dorchester Drive
27.18 2 53 191 Loder Road
37.06 1 12 2265 Van Cortlandt Circle