Town Board Meeting
FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
September 21, 2010
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. PRESENTATION – YORKTOWN FIRE INSPECTOR
6. COURTESY OF THE FLOOR
7. PUBLIC HEARINGS
Reconvene:
• Proposed local law repealing Chapter 168 of the Code of the Town of the Town of Yorktown entitled “Fees”, amending various other Sections of the Code of the Town of Yorktown relating to Land Development application fees and permit fees and re-enacting a Chapter 168 entitled “Master Fee Law”
8. ADVERTISING
Public Hearings: - October 5, 2010
Convene
• Algonquin Gas Transmission LLC – Request for wetlands and excavation permit for the installation of a cathodic protection ground bed system located within their existing buried natural gas pipeline right of way (ROW)
Reconvene
• Proposed Local Law repealing and re-enacting Chapter 270 of the Town of Yorktown entitled “Trees” and various sections of the Code of the Town of Yorktown including Chapter 10, Chapter 165, Chapter 178 and Chapter 195
Convene:
• Proposed local law repealing Chapter 248 entitled “Stormwater Management” and Chapter 165 entitled ”Erosion and Sediment Control” and re-enacting a new Chapter 248 entitled “Stormwater Management and Erosion and Sediment Control”
Convene:
• Proposed local law creating a new Chapter of the Code of the Town of Yorktown entitled “Illicit Discharge, Connections and Activities”
8. ADVERTISING (Continued
Public Hearing – October 19, 2010
Convene:
• Sale of Urban Renewal Property – Finalizing 1997 Sale of tax parcel 37.19-1-19
Bids:
• Various Chemicals for the Yorktown Heights Sewer Plant Bid #10-03 Sludge and Grease Removal at the Yorktown Heights Sewer Plant Bid #10-04
9. RESOLUTIONS
Requests from the Assessor:
• Approve his attendance at an Assessor Continuing Education Class on
town time
Requests from the Engineering Department:
Authorize Supervisor To Sign:
• Agreement with WSP Sells, Inc. for the Greenwood St. & Hill Boulevard Bridges – NYS DOT Yellow Flag Work
Bond Acceptances:
• Erosion Control Bond - #E-002-10 - Amended Permit Marricco Subdivision
• Kirschenbaum Subdivision - White Hill Rd. - Performance, Erosion Control, Inspection
Wetland Bond Releases:
• #WP-005-09
• #WP-025-10
• #WP-011-09
• #WP-030-09
• #WP-080-06
Requests from the Supervisor
• Approve new procurement policy
• Approve SEQRA determination for acquisition of Granite Knolls
Parcels
10. PERSONNEL
Retirements:
• Karan Moseman – Yorktown Justice Court
13. COURTESY OF THE FLOOR
14. ADJOURN
ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN
DATED: September 21, 2010
September 21, 2010 Town Board Meeting
Resolutions to be approved:
6. PUBLIC HEARINGS
Reconvene:
PROPOSED LOCAL LAW REPEALING CHAPTER 168 ENTITLED “FEES”, AMENDING VARIOUS OTHER SECTIONS OF THE CODE RELATING TO LAND DEVELOPMENT APPLICATION FEES AND PERMIT FEES AND RE-ENACTING CHAPTER 168 ENTITLED “MASTER FEE LAW”
NOTICE IS HEREBY GIVEN that a public hearing will be reconvened by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 21st day of September, 2010 at 7:30 PM, or as soon thereafter as the same can be heard, to consider repealing Chapter 168 of the Code of the Town of Yorktown entitled “FEES”, amending various other Sections of the Code of the Town of Yorktown relating to Land Development application fees and permit fees and re-enacting a Chapter 168 entitled “Master Fee Law”.
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.
The Proposed Local Law may also be viewed on the Town Website at www.yorktownny.org
All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.
7. ADVERTISING
Public Hearings: - October 5, 2010
Convene
ALGONQUIN GAS TRANSMISSION LLC REQUEST FOR WETLANDS AND
EXCAVATION 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, New York on the 5th day of October, 2010 at 7:30 o’clock PM to consider the application of Algonquin Gas Transmission, LLC for a Wetlands and Excavation Permit for the installation of approximately 5,300 linear foot cathodic protection system for its existing underground natural gas pipelines located in the vicinity of Stoney Street and the Taconic State Parkway, in Yorktown, New York.
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.
Reconvene
PROPOSED LOCAL LAW REPEALING AND REENACTING CHAPTER 270 OF THE TOWN OF YORKTOWN ENTITLED “TREES” AND VARIOUS SECTIONS OF THE CODE
INCLUDING CHAPTER 10, 165, 178 AND 195
NOTICE IS HEREBY GIVEN, that a public hearing will be reconvened by the Town Board, Town of Yorktown, Westchester County, New York at 363 Underhill Avenue, Yorktown Heights, New York 10598 on the 5th day of October, 2010 at 7:30 PM, or as soon thereafter as the same can be heard, to repeal and reenact Chapter 270 of the Code of the Town of Yorktown entitled “TREES” and various sections of the Code of the Town of Yorktown including Chapter 10, Chapter 165, Chapter 178 and Chapter 195.
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.
The Proposed Local Law may also be viewed on the Town Website at yorktownny.org
All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.
Convene:
PROPOSED LOCAL LAW REPEALING CHAPTER 248 ENTITLED “STORMWATER MANAGEMENT” AND CHAPTER 165 ENTITLED “EROSION AND SEDIMENT CONTROL” AND RE-ENACTING A NEW CHAPTER 165 ENTITLED “STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL”
NOTICE IS HEREBY GIVEN that a public hearing will be reconvened by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 5th day of October, 2010 at 7:30 PM, or as soon thereafter as the same can be heard, to consider repealing Chapter 248 entitled “Stormwater Management” and Chapter 165 of the Code of the Town of Yorktown entitled “Erosion and Sediment Control”, and re-enacting a new Chapter 165 entitled “Stormwater Management and Erosion and Sediment Control.”
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.
The Proposed Local Law may also be viewed on the Town Website at www.yorktownny.org
All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.
Convene:
PROPOSED LOCAL LAW CREATING A NEW CHAPTER OF THE CODE ENTITLED “ILLICIT DISCHARGE, CONNECTIONS AND ACTIVITIES”
Public Hearing – October 19, 2010
Convene
SALE OF URBAN RENEWAL PROPERTY FINALIZING 1997 SALE OF TAX PARCEL 37.19-1-19
Bids:
VARIOUS CHEMICALS FOR
YORKTOWN HEIGHTS SEWER PLANT
BID # 10-03
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 Thursday, October 14, 2010, for Various Chemicals for the Yorktown Heights Sewage Treatment Plant, Bid #10-03.
Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.
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.
SLUDGE AND GREASE REMOVAL AT
YORKTOWN HEIGHTS SEWER PLANT
BID # 10-04
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 Thursday, October 14, for Sludge & Grease Removal at the Yorktown Heights Sewage Treatment Plant, Bid #10-04.
Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.
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.
8. RESOLUTIONS
Requests from the Assessor
APPROVE HIS REQUEST TO ATTEND AN
ASSESSOR CONTINUING EDUCATION PROGRAM
ON TOWN TIME
RESOLVED, that Harold Girdlestone, the Town of Yorktown Assessor, be granted approval to attend the New York State Assessors Annual Conference in Lake Placid, September 26 thru 29, on town time and no cost to the Town, to satisfy annually required continuing education credits.
Requests from the Engineering Department:
AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
WSP SELLS, INC. FOR GREENWOOD STREET BRIDGE
AND HILL BOULEVARD BRIDGE PROJECTS
RESOLUTION
WHEREAS, the Greenwood Street over Hallock’s Mill Brook and the Hill Boulevard over Barger Brook Tributary have been inspected by the New York State Department of Transportation (NYSDOT) as part of their biennial inspection program; and
WHEREAS, the NYSDOT notified the Highway Department that both bridges/culverts have received a Yellow Safety Flag requiring remediation; and
WHEREAS, the total construction cost estimate for the corrective work is approximately $104,000.00 in addition to the design fees; NOW, THEREFORE BE IT
RESOLVED, that the Town Board authorizes the Town Supervisor to sign an agreement with WSP Sells for survey and structural engineering services for the Greenwood Street Bridge and Hill Boulevard in the amount of $49,500.00.
MARRICCO MINOR SUBDIVISION
BOND ACCEPTANCE - #E-002-10
RESOLUTION
WHEREAS, David & Mark Marricco, as applicants, provided the Town with Check No. 1031 in the amount of $5,000. to serve as an additional Erosion Control Bond for amended Excavation Permit # E-002-10 for septic work being done at his site located on Indian Hill Road; NOW, THEREFORE BE IT,
RESOLVED, that the above referenced check is hereby accepted to serve as the bond for the Marricco Minor Subdivision.
KIRSCHENBAUM SUBDIVISION
BOND ACCEPTANCE
RESOLUTION
WHEREAS, Ariel Weinberger, as applicant, provided the Town with Western Surety Company Performance Bond No. 70978493, in the amount of $61,620.00, to serve as the Performance Bond for the Kirschenbaum Subdivision located on White Hill Road; and
WHEREAS, Ariel Weinberger, as applicant, provided the Town with Check No. 614, in the amount of $5,729.00, to serve as the Inspection Fees for the Kirschenbaum Subdivision; NOW, THEREFORE BE IT
RESOLVED, that the above referenced Monies are hereby accepted to serve as the required bond and fee for the Kirschenbaum Subdivision.
WETLAND BOND RELEASE
CORBINO – WP# 005-09
RESOLUTION
WHEREAS, Christine Corbino, as applicant, posted Check No. 583 in the amount of $350.00, which was deposited into the T33 account on May 8, 2009, to serve as the Wetland Bond for Wetland Permit # WP-005-09, for work performed at her Christine Road residence; and
WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $350.00 for wetlands may be released; NOW, THEREFORE BE IT
RESOLVE, that the above-referenced Wetland Bond in the amount of $350.00 be and is hereby released to Ms. Christine Corbino, 1442 Christine Road, Mohegan Lake, NY 10547.
WETLAND BOND RELEASE
MARTUCCI – WP# 025-10
RESOLUTION
WHEREAS, Michael Martucci, as applicant, posted Check No. 1756 in the amount of $300.00, which was deposited into the T33 account on July 16, 2010, to serve as the Wetland Bond for Wetland Permit #WP-023-10, for work performed at his Crompond Road residence; and
WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $300.00 for wetlands may be released; NOW, THEREFORE BE IT
RESOLVED, that the above-referenced Wetland Bond in the amount of $300.00 be and is hereby released to Mr. Michael Martucci, 2710 Crompond Road, Yorktown Heights, NY 10598.
WETLAND BOND RELEASE
GIORDANO – WP# 011-09
RESOLUTION
WHEREAS, William & Dawn Giordano, as applicant, posted Check No. 1131 in the amount of $350.00, which was deposited into the T33 account on May 15, 2009, to serve as the Wetland Bond for Wetland Permit # WP-011-09, for work performed at their Bound Brook Lane residence; and
WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $350.00 for wetlands may be released; NOW, THEREFORE BE IT
RESOLVED, that the above-referenced Wetland Bond in the amount of $350.00 be and is hereby released to Mr. & Mrs. William Giordano, 2479 Bound Brook Lane, Yorktown Heights, NY 10598.
WETLAND BOND RELEASE
GARRETTO - #WP-030-09
RESOLUTION
WHEREAS, Fran Pisani, as applicant for Jeff Garretto, posted Check No. 2273 in the amount of $300.00, which was deposited into the T33 account on September 18, 2009, to serve as the Wetland Bond for Wetland Permit #WP-030-09, for work performed at their Poplar Street residence; and
WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $300.00 may be released; NOW, THEREFORE BE IT
RESOLVED, that the above-described Wetland Bond in the amount of $300.00 be and is hereby released to Ms. Fran Pisani, 49 Avondale Road, Harrison, NY 10528.
WETLAND BOND RELEASE
ENVIROGREEN ASSOC. / CIPRIANI – WP# 080-06
RESOLUTION
WHEREAS, Envirogreen Associates / Rick Cipriani, as applicant, heretofore filed a Wetland Bond in the amount of $300.00, which was deposited into the T33 Account on July 25, 2008, covering Wetland Permit # 080-06, for work performed at his Route 6 business; and
WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $300.00 for wetlands may be released; NOW, THEREFORE BE IT
RESOLVED, that the above-described Wetland Bond in the amount of $300.00 be and is hereby released to Envirogreen Associates, 11 Hageman Court, Katonah, NY 10536, Attn: Mr. Rick Cipriani.
Requests from the Supervisor:
APPROVE NEW PROCUREMENT POLICY
RESOLUTION
Town of Yorktown
Procurement Policy
The following policy establishing internal procedures for the procurement of all goods and services by the Town of Yorktown is intended to implement the provisions of Sections 103 and 104-b of General Municipal Law, assure the prudent and economical use of public moneys in the best interests of the taxpayers, facilitate the acquisition of goods of services of maximum quality at the lowest possible cost, and guard against favoritism, extravagance, fraud and corruption.
I. Requisitions/Purchase Orders
All purchases are to be made using the Town of Yorktown’s Requisition/Purchase Order system that encumbers the funds from budget appropriations prior to the actual purchase of the goods or services.
Requisitions are to be prepared by each department on the Town of Yorktown Requisition Form (Attachment #1) and submitted to the Comptroller’s Office. The Comptroller’s Office will create the purchase order and return it to the department as authorization to place the order.
Requisitions to an expense code line that is over budget, or which will cause the expense line to go over budget, will not be processed unless and until an appropriate budget transfer has been approved, either by the Supervisor for transfer requests up to $10,000 or by the Town Board for transfer requests exceeding $10,000.
Any requisitions received by the Comptroller’s Office that do not have the appropriate backup documentation as required by this policy will be returned to the department for compliance, and no purchase order will be created until required backup documentation has been submitted.
Invoices will not be processed if they predate the purchase order. Orders placed prior to the approval process as set forth above may result in the purchase not being paid by the Town.
Requests to pay invoices must be accompanied by the original purchase order, an original invoice and, where applicable, a packing slip signed and dated by the employee responsible for physically receiving the materials, supplies, equipment or overseeing the service and/or repair.
The competitive bidding/pricing guidelines set forth below refer to annual cumulative purchases for each type of product. All purchases should be evaluated to determine whether, over the course of the fiscal year, the Town as a whole will spend in excess of the competitive bidding thresholds for the same or similar items or services. Split purchases to avoid compliance with the purchasing policy are expressly prohibited and may not be processed. Prior years’ budgetary appropriations should be referred to for this
information and compared with current projections. If two departments are bidding for the same goods or service, they should do so collectively whenever possible.
Vouchers are to be used only for emergency purchases of goods or services for which the department has secured emergency authorization.
II. Purchases subject to competitive bidding and/or competitive pricing
Type of Purchase Cost Ranges Requirements
Goods and/or services $10,000 and more Formal Bid
$1,000 - $10,000 RFP (services) with 3 Written Quotes
$ Under $1,000 Department Head’s Discretion
Public Works * $20,000 and more Formal Bid
$5,000 - $20,000 RFP with 3 Written Quotes
Under $5,000 Department Head’s Discretion
* A public works purchase is defined as an improvement to a public facility that includes a charge for labor. Any public work project requires NYS prevailing wage certifications and compliance with all NYS Department of Labor regulations.
III. Additional required documentation
The following documentation must accompany all requisition forms:
• For a service, materials or supplies that are awarded by the Town Board as a result of a formal bid or RFP: a stamped copy of the Town Board Resolution awarding the contract and a copy of the signed contract
• For an item purchased off a State/County Contract: a copy of the Contract or Contract pages referencing the pricing
• For requisitions that require written price quotes: copies of the price quotes secured.
If the purchase of goods or services is awarded to other than the lowest responsible vendor or contractor submitting a complying bid or quote, the reasons why such award is being made and why it is in the best interest of the Town of Yorktown shall be included with the purchase records.
IV. Professional Services
Only the Town Board can contract for professional services. For the purpose of this policy, professional services shall be considered those services involving a specialized skill, training, expertise, knowledge, use of professional judgment or discretion and/or a high degree of creativity. Among the services covered under this exception are auditors, architects, attorneys, engineers, land surveyors, environmental consultants and insurance brokers.
The determination of whether a purchase falls under the professional services procurement guidelines shall be made by the Town Board on a case-by-case basis after examining the particular service to be acquired.
The purchase of professional services shall be subject to the following comparative pricing procedures in order to ensure that the Town is receiving the best possible price and also to avoid any appearance of favoritism toward a particular individual or firm.
Under $3,000 Written quotes from two vendors
Over $3,000 Written quotes from three vendors or RFP
In selecting the most appropriate individual or firm for a specific service, the Town Board will be guided by a combination of price, and the experience, knowledge, expertise and skills of the vendors.
If a department head recommends to the Town Board that a vendor be selected without adhering to the above comparative pricing requirements, the department head must submit a memo to the Town Board explaining why the selected provider should be awarded the contract in the absence of competition from similar firms. Reasons for not adhering to the comparative pricing requirement may include a vendor’s existing familiarity with the Town, past history working for the Town, or possession of a particular skill or expertise that is related to the service that is being requested.
V. Items exempted from competitive bidding/pricing guidelines
A. Emergency purchases or services
For the purpose of this section, an emergency arises out of an accident or unforeseen condition or occurrence that threatens curtailment or terminates an essential service to the public, or a dangerous condition develops, affecting the life, health, safety or property of the Town or its inhabitants. The situation must require immediate attention, which cannot await competitive bidding.
Only the Supervisor, or in the absence of the Supervisor, the Deputy Supervisor, or in the absence of both, the Comptroller, can declare an emergency for the purposes of this policy.
Once an emergency has been declared, the appropriate department head is authorized to purchase directly the necessary supplies or services needed the remedy the situation. A written record of the circumstances surrounding the emergency shall be prepared and submitted to the Comptroller’s office within 48 hours after the satisfactory resolution of the emergency. While mitigating the emergency situation, and to the extent possible and practical, the department head shall endeavor to abide as closely as possible to the procurement guidelines set forth in this policy.
B. Sole Source Purchases
This exemption applies to the procurement of goods or services where only one vendor can supply the commodity, technology and/or perform the services required and where there is no substantial equivalent. Procurement under this sole source exemption must be documented with the following explanations:
1. the unique nature of the requirement
2. the basis upon which it was determined that there is only one known vendor able to meet the need (i.e., the steps taken to identify potential competitors)
3. the basis upon which the cost was determined to be reasonable (i.e., a fair market price was inferred based upon the sole source provider’s product catalogs, published price lists and the like.)
C. Goods purchased from agencies for the blind or severely handicapped, with appropriate documentation.
D. Goods purchased from correctional facilities, with appropriate documentation.
E. Goods purchased from, or through, another governmental agency, such as NYS or Westchester County Contracts, with appropriate documentation.
F. Goods purchased at auction, with appropriate documentation.
VI. Annual Review
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.
APPROVE SEQRA DETERMINATION FOR
ACQUISITION OF GRANITE KNOLLS PARCELS
RESOLUTION
WHEREAS the Town Board of the Town of Yorktown wishes to purchase two parcels of property on Stoney Street (a/k/a Stony Street), Yorktown, having tax map designations of Tax Map ID # 26.09-1-22 (approx. 72.76 acres) and 26.06-1-1 (125.4 acres), respectively, for the total price of $2,700,000, from Alan H. Rothschild, as executor of the Estate of Hubert Bartzick, and Alan H. Rothschild as Successor Trustee of the Revocable Trust Indenture, dated the 8th Day of August, 1989 Made by and between Hurbert Bartzick (Settlor and Trustee), Alan H. Rothschild (First Alternate Trustee) and Norman Himmelfarb (Second Alternate Trustee), to be funded from the Open Space Fund; and
WHEREAS an acquisition of real property of more than 100 acres is a Type I action under SEQR; and
WHEREAS, the Town Board, being the sole approval authority, is lead agency by operation of law; and
WHEREAS, a full Environmental Assessment Form (EAF) has been prepared by the Town Planning Department and has been reviewed and fully considered by the Town Board; and
WHEREAS, the Town Board finds that the acquisition of the two parcels contemplated herein will have no significant adverse impacts upon the environment;
NOW THEREFORE, BE IT RESOLVED, the Town Board adopts a Negative Declaration based on the full EAF; and
BE IT FURTHER RESOLVED, that the proposed acquisition of said two parcels is hereby authorized by the Town Board, and
BE IT FURTHER RESOLVED that the Town Board authorizes the Supervisor to enter into a contract for the purchase of said two parcels under the terms set forth in the resolutions dated April 20, 2010 as amended April, 27, 2010, and to enter into a contract for the purchase of title insurance from Benchmark Title Agency, LLC; and
Be it FURTHER RESOLVED, that the Town Board intends to designate this site as parkland.
