Town Board Meeting

FINAL TOWN BOARD AGENDA TOWN OF YORKTOWN May 17, 2011 PLACE:               TIME: TOWN HALL        7:30pm 1. PLEDGE OF ALLEGIANCE 2. MOMENT OF SILENCE 3. REPORT FROM SUPERVISOR SUSAN SIEGEL 4. REPORTS FROM TOWN COUNCIL 5. COURTESY OF THE FLOOR 6. PRESENTATIONS – Yorktown Elks Annual Stormwater Report – Bruce Barber 7. PUBLIC HEARINGS Reconvene: • Proposed local law amending various sections Chapter 45 – Ethics and new Ethics Disclosure Statement Convene: • Request for a Wetlands Permit for construction of a single family house, driveway, water, sewer and other utilities – Zeal Construction – Parmly Road • Requests for Community Development Block Grants – Funding for 2012-2014 8. ADVERTISEMENTS – (Adopted at the Worksession of May 10, 2011) • Public Hearings: - June 7, 2011 Sherman Court Bridge Culvert Replacement Wetlands Permit Proposed local law amending various sections Chapter 45 – Ethics and new Ethics Disclosure Statement • Bids: Generator Maintenance Contract Sherman Court Bridge Culvert Replacement Project – Capital Improvement Project #11-01 Emergency Notification RFP 9. AWARD BIDS/REQUEST FOR PROPOSALS (RFP) • Traffic Signs – Highway Dept. 10. PERSONNEL • Retirement: William Gregory – Building Department • Appointment: Beth Zahner - Civilian Police Dispatcher Benjamin Schwartz - Volunteer Auxiliary Police 11. RESOLUTIONS • Requests from the Engineering Department: Retainage Release/Maintenance Bond Acceptance Unity Mechanical - John C. Hart Library Boiler Replacement Project #10-01 Unity Mechanical - YCCC Boiler Feed Replacement Unit Replacement Project #10-02 • Requests from the Finance Department: Approve Bond for: Improvements to Various Parks and Recreation Areas – $950,000 Bonds Approve Bond for: Road Reconstruction/Resurfacing - $350,000 • Requests from the Legal Department: Rescind the portion of a resolution dated April 20, 2011 that Pertains solely to the parcel known as 35.8-1-26 • Requests from the Police Department: Approve maintenance agreement with Comnetix for Livescan 12. REFUNDS 13. MONTHLY REPORTS • Building Department • Receiver of Taxes 14. COURTESY OF THE FLOOR 15. ADJOURN ALICE E. ROKER TOWN CLERK TOWN OF YORKTOWN DATED: May 11, 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. BIDS PENDING • Alarm Monitoring - May 27, 2011) • Household Garbage Bid – May 26, 2011 PUBLIC HEARINGS STATUS DECISION - PENDING • Proposed local law amending Chapter 275 -4 Parking, A-No Parking Zone -adding an additional section of Veterans Road BIDS/RFPS WAITING TO BE AWARDED • Appraisal Services - Residential (RFP) – Assessor • Appraisal Services – Non Residential (RFP) – Assessor • Audio Visual Materials – Supervisor • Shallow Creek RFP – Supt. Of Parks and Recreation Town Board Meeting May 17, 2011 8. ADVERTISEMENTS Public Hearings: - June 7, 2011 Sherman Court Bridge Culvert Replacement – Wetlands Permit 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, NY 10598 on the 7th day of June, 2011 at 7:30 PM to consider the application of the Town of Yorktown for a Wetlands Permit for the installation of a temporary access road to allow vehicle traffic to the residents located on Sherman Court during the Sherman Court Bridge Culvert replacement Project. A copy of said proposal 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. Proposed Local Law amending Various Sections Chapter 45 – Ethics and New Ethics Disclosure Statement 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, NY 10598 on the 7th day of June, 2011 at 7:30 PM, or as soon thereafter as the same can be heard, to consider amending various sections of Chapter 45 of the Code of the Town of Yorktown entitled “ETHICS,” including a new Ethics Disclosure Statement. A copy of the 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 may be heard at the public hearing to be held as aforesaid. Bids: Bid - Generator Maintenance Contract 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 Monday, June 13, 2011, for the Preventative Maintenance Generator Systems Contract. Plans, Specifications and standard proposals for the work proposed may be obtained at the office of the Town Clerk at said Town Hall upon cash or certified check in the amount of FIFTY DOLLARS ($50.00). Said fee will not be refunded and will be used to defray costs of printing plans and specifications. 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 on the time and the place specified above. The Town of Yorktown reserves the right to waive any informalities in the bids, to reject any or all bids and reserves the right to accept that bid which it deems most favorable to the interests of the Town of Yorktown. No bidder may withdraw his bid within thirty (30) days after the actual date of the opening thereof. If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address. Bid - Sherman Court Bridge replacement Project – Capital Improvement Project #11-01 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 Monday, June 20, 2011, for the Sherman Court Bridge Culvert Replacement Project, Capital Improvement Project #11-01. Plans, Specifications and standard proposals for the work proposed may be obtained at the office of the Town Clerk at said Town Hall upon cash or certified check in the amount of FIFTY DOLLARS ($50.00). Said fee will not be refunded and will be used to defray costs of printing plans and specifications. All bids must be accompanied by a Certified check payable to the Town of Yorktown in an amount not less than ten percent (10%) of the total bid, or an executed Consent of Surety. 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 on the time and the place specified above. The Town of Yorktown reserves the right to waive any informalities in the bids, to reject any or all bids and reserves the right to accept that bid which it deems most favorable to the interests of the Town of Yorktown. No bidder may withdraw his bid within thirty (30) days after the actual date of the opening thereof. If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address. RFP - Emergency Notification System Sealed Request for 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 2:00 P.M., on Friday, June 10, 2011, for a High Speed Web-Based Emergency Notification System that will enable the Town to record emergency messages and have them automatically delivered via phone, email or text. Specifications and standard proposals may be obtained at the office of the Town Clerk at said Town Hall. The company furnishing the Request for Proposal 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 on the time and the place specified above. The Town of Yorktown reserves the right to waive any informalities in the requests for proposals, to reject any or all, and reserves the right to accept the proposal bid which it deems most favorable to the interests of the Town of Yorktown. No company may withdraw their proposal within thirty (30) days after the actual date of the opening thereof. If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address. 9. AWARD BIDS/REQUEST FOR PROPOSALS (RFP) Traffic Signs WHEREAS, invitation to bid for Traffic Signs for Town, was duty advertised and WHEREAS, said bids were received and opened on the 2nd day of May, 2011, and the bid results are as follows: Traffic Signs and Posts awarded to Custom Products Corp., PO Box 54091, Jackson, MS 54091 as the lowest bidder. Street Signs with names and Refacing Signs awarded to Glenco Supply Inc., PO Box 638, Oakhurst, NJ 07755 as the lowest bidder. 10. PERSONNEL Retirement: William Gregory - Building Department The Town Board accepts with regret the retirement of William Gregory and thanks him for many years of service to the Town Appointments: Beth Zahner - Civilian Police Dispatcher BE IT RESOLVED, that Beth E. Zahner of South Salem, NY, is hereby appointed Police Dispatcher, job class code 0144-01, from Eligible List No. 62- 084 effective May 17, 2011 to be paid from Yorktown CSEA Salary Schedule A, Group 11, Step 1 which is $49,840.00 annually, BE IT RESOLVED, contingent upon successful completion of a background check, BE IT RESOLVED, that Beth E. Zahner will report to work at the Yorktown Police Department on June 7th, 2011, 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 June 7th, 2011. Benjamin Schwartz - Volunteer Auxiliary Police BE IT RESOLVED, that Benjamin Schwartz is hereby appointed as a member of the Auxiliary Police, BE IT FURTHER RESOLVED contingent upon successful completion of a physical exam, psychological testing, drug testing and background checks. 11. RESOLUTIONS Requests from Engineering Department: Release Retainage/Maintenance Bond Acceptance: Unity Mechanical – John C. Hart Library Boiler Replacement Project #10-01 WHEREAS, Unity Mechanical Corp., completed the John C. Hart Memorial Library Boiler Replacement, which the Town considered complete on November 1, 2010 and WHEREAS, the Town withheld $22,280.15 as retainage, and WHEREAS, Unity Mechanical Corp., as Principal posted The Guarantee Company of North America Maintenance Bond No.14066266, in the amount of $22,280.15 for the required 10-month maintenance period, NOW, THEREFORE, BE IT RESOLVED, that retainage percentage be reduced from 5% to 0%, and BE IT FURTHER RESOLVED, that the amount of $22,280.15 is hereby released to Unity Mechanical, 11 Bill Horton Way, Wappingers Falls, NY 12590. Unity Mechanical – YCCC Boiler Feed Unit Replacement Project #10-02 WHEREAS, Unity Mechanical Corp., completed the Boiler Feed Pump Unit Replacement at the Yorktown Community Cultural Center, which the Town considered complete on February 1, 2011, and WHEREAS, the Town withheld $1,224.40 as retainage, and WHEREAS, the project total cost was $24,488.00 (an under-run of $512.00), and WHEREAS, Unity Mechanical Corp., as Principal posted The Guarantee Company of North America Maintenance Bond No.14066269, in the amount of $1,224.40 for the required 10-month maintenance period, NOW, THEREFORE, BE IT RESOLVED, that retainage percentage be reduced from 5% to 0%, and BE IT FURTHER RESOLVED, that the amount of $1,224.40 is hereby released to Unity Mechanical, 11 Bill Horton Way, Wappingers Falls, NY 12590. Requests from Finance Department: Approve Bond for Improvements to Various Parks & Recreation Areas - $950,000 A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, IMPROVEMENTS TO VARIOUS PARKS AND RECREATION AREAS IN AND FOR THE TOWN OF YORKTOWN, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $950,000 AND AUTHORIZING THE ISSUANCE OF $950,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Yorktown, Westchester County, New York, as follows: Section 1. Improvements to various parks and recreation areas in and for the Town of Yorktown, Westchester County, New York, including incidental costs and expenses, is hereby authorized, SUBJECT TO PERMISSIVE REFERENDUM, at a maximum estimated cost of $950,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $950,000 serial bonds of said Town hereby authorized to be issued therefor pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Yorktown, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in summary form in The North County News, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Approve Bond for Improvements to Road Reconstruction/Resurfacing - $350,000 A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE RECONSTRUCTION AND RESURFACING OF ROADS, INCLUDING DRAINAGE IMPROVEMENTS, IN AND FOR THE TOWN OF YORKTOWN, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $350,000 AND AUTHORIZING THE ISSUANCE OF $350,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Yorktown, Westchester County, New York, as follows: Section 1. The reconstruction and resurfacing of roads, including drainage improvements, sidewalks, curbs, gutters, landscaping and other incidental improvements, in and for the Town of Yorktown, Westchester County, New York, is hereby authorized, SUBJECT TO PERMISSIVE REFERENDUM, at a maximum estimated cost of $350,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $350,000 serial bonds of said Town hereby authorized to be issued therefor pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Yorktown, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in summary form in The North County News, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Requests from Legal Department: Rescind the portion of a resolution dated April 30, 2011 that pertains solely to the parcel known as 35.8-1-26 WHEREAS, the Town Board passed a resolution on April 20, 2011 pertaining to the recrediting to certain properties of payments received and accepted on April 11, 2011 by the Tax Receiver, and WHEREAS one of the properties so listed was one parcel on whose behalf full payment of all outstanding liens, penalties and interest was subsequently made before the recrediting could be effectuated, be it RESOLVED, that the Town Board hereby rescinds the portion of the April 20, 2011 resolution that pertains solely to such parcel: 35.8-1-26 Jennie Scinicariello 3800 Old Crompond Rd. Requests from Police Department: Approve Maintenance Agreement with Comnetix for Livescan RESOLVED, that the Town Board hereby authorizes the Town Supervisor to sign an agreement with COMNETIX for a renewal maintenance contract and support services for the Yorktown Police Department’s Livescan equipment and software from April 27, 2011 to April 26, 2012. The annual renewal fee is $3,299.00.