Town Board Meeting
FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
November 4, 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. COURTESY OF THE FLOOR
6. PUBLIC HEARINGS
Convene:
• Proposed Franchise Renewal - Cablevision
• Proposed Local Law entitled “Skateboards, In-Line Skates, Roller Skates and Scooters”
• Proposed Local Law amending Chapter 260 entitled “Taxation” By amending Article IV entitled “Installment Agreement
for Delinquent Real Property Taxes.”
Policy Statement on the implementation of installment Agreements For delinquent taxes
7. FUTURE MEETINGS
Public Hearings: November 16, 2010
• Proposed local law amending Chapter 300-62 entitled “Storage of
Commercial vehicles on residential property”
• Update of zoning map for period 1991 – 2009
• Rezonings associated with Comprehensive Plan adopted on
June 15, 2010
Public Hearing – December 2, 2010
• Proposed 2011 Budget
Public Hearings: December 7, 2010
• 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
• Proposed local law amending Chapter 115 relating to dogs
8. RESOLUTIONS
Requests from the Engineering Department:
• Bond Release:
Erosion Control Bond- #E-052-09
Requests from the Legal Department:
• Authorize the Supervisor to sign an agreement with
Colette Rogers to continue working on the Section 8 after
October 29, 2010.
• Authorize the Supervisor to sign an agreement with
Michael Dubovsky for Environmental Inspector Services
• Authorize the Supervisor to sign an engagement letter with
Kevin Ryan to provide legal services for the SEQRA review
of the Costco project
• Authorize the Supervisor to sign an settlement agreement in the
litigation of Gulitz vs. the Town of Yorktown
Requests from the Supervisor’s Office:
• Authorize the Supervisor to sign a contract with Corby Associates in the amount of $2,635.00 for the installation of 2 basketball
backboards to be located within the gym of the YCCC
• Update Master Fee Schedule to incorporate new fees relating to Stormwater and Erosion and Sediment Control permits
• Resolution to join with other northern Westchester and Putnam County communities, and Putnam County in a legal defense fund to
challenge pending renewal of the NYC Water Supply Permit
• Letter to Cablevision requesting refund for subscribers
• Authorize the Supervisor to submit a grant application to the NYS Office of Parks and Recreation and Historic Preservation for up to
$25,000 for improvements to the Granite Knolls site to facilitate its use of trails with no out of pocket cost to the Town in terms of cash
or labor.
Requests from the Water Department:
• Authorize the Supervisor to sign a contract with Extech, LLC for a comprehensive (internal) underwater and external inspection of Quinlan storage tanks 1 and 2.
9. PERSONNEL
• Retirement:
Diane Barden
10. REFUNDS
Building Department:
Zoning Board Application #64/10 - $210
Duplicate Taxes:
Account Number 4452006 - $4,811.46
11. MONTHLY REPORTS
Receiver of Taxes - 3 Reports
12. COURTESY OF THE FLOOR
13. ADJOURN
ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN
DATED: November 4, 2010
The Town Board respectfully requests that you keep your remarks during Courtesy of the Floor as brief as possible; no more than three minutes.
OUTSTANDING BIDS: Due Back – November 10, 2010
• 2011 Ford F550 4x4 Truck – Department of Environmental
Conservation
November 4, 2010 Town Board Meeting
Resolutions to be approved:
6. PUBLIC HEARINGS
POLICY STATEMENT ON THE IMPLEMENTATION OF INSTALLMENT AGREEMENTS FOR DELINQUENT TAXES
WHEREAS, the Town Code permits the Receiver of Taxes to enter into installment payment agreements with eligible property owners for the payment of delinquent taxes,
BE IT RESOLVED, that the Town Board hereby adopts the following policy to govern the administration of such agreements:
The Receiver of Taxes is directed to track compliance with installment payment agreements for delinquent taxes, apply late fees and charge additional interest as set forth in such agreements, and send warning a letter to any property owner who has missed a payment entirely, or who has made payments more than fifteen days late more than twice in a three-month period, or who has missed a payment due on current taxes.
The Receiver of Taxes will notify the Legal Department if a property owner subject to an installment payment agreement for delinquent taxes has missed an installment payment entirely, or has in a period of three months made two or more installment payments that were late by more than fifteen days each time, or is more than 30 days late with a payment due on current taxes.
The Legal Department will discuss the matter with the Receiver of Taxes and notify the Supervisor. The Supervisor shall determine whether to treat such events as a default under the installment payment agreement and if so, shall direct the Town Attorney to take appropriate enforcement action.
8. RESOLUTIONS
EROSION CONTROL BOND RELEASE
#E-052-09
WHEREAS, Diane Dreier as applicant for Lee & Riitta Pollock, heretofore filed an Erosion Control Bond in the amount of $300.00, which was deposited into the T33 Account on January 15, 2010, covering Excavation Permit #052-09, for work performed at the Pollock’s Pines Bridge 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 erosion may be released, NOW THEREFORE BE IT
RESOLVED, that the above-described Erosion Control Bond in the amount of $300.00 be and is hereby released to Ms. Diane Dreier, 2979 Hyatt Street, Yorktown Heights, NY 10598.
AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
COLLETTE RODGERS TO CONTINUE WORKING ON
SECTION 8 AFTER OCTOBER 29, 2010
RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Colette Rodgers for administrative and management services for the Section 8 office from October 30 through November 30, 2010. The contract amount is $100.00 per hour not to exceed $4,800.00.
AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT
WITH MICHAEL DUBOVSKY FOR ENVIRONMENTAL
INSPECTOR SERVICES
RESOLVED, that the Town Board authorizes the Town Supervisor to enter into a renewal contract with Michael Dubovsky for Environmental Code Inspector services. The term of the renewal agreement shall be retroactive to October 16, 2010 and end October 15, 2011, and compensation for said services shall be payable in bi-weekly installments of Seven Hundred Ninety-Seven Dollars and Fifteen Cents ($797.15).
AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH RYAN LAW GROUP, LLC FOR LEGAL SERVICES AS SPECIAL SEQRA COUNSEL TO THE PLANNING BOARD IN CONNECTION WITH COSCO WHOLESALE RETAIL PROJECT
RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Ryan Law Group LLC to provide legal services as special SEQR counsel to the Planning Board in connection with the Costco Wholesale Club retail project site plan. The contract amount is $275.00 per hour plus disbursements.
AUTHORIZE SUPERVISOR TO SIGN SETTLEMENT AGREEMENT IN THE LITIGATION OF GULITZ VS. THE TOWN OF YORKTOWN
RESOLVED, the Town Board approves the Settlement Agreement and Release among Kyle Gulitz, Eric DeBartolo and the Town, in the matter of Kyle Gulitz v. Eric DeBartolo, et al. (08-cv-2388 (CS)) and hereby authorizes the Supervisor to execute the Settlement Agreement and Release on behalf of the town.
AUTHORIZE SUPERVISOR TO SIGN A CONTRACT WITH
CORBY ASSOCIATES IN THE AMOUNT OF $2,635 FOR
INSTALLATION OF 2 BASKETBALL BACKBOARDS AT
THE YCCC GYMNASIUM
RESOLVED, that the Town Board authorizes the Town Supervisor to sign a contract with Corby Associates in the amount of $2,635.00 for the installation of two (2) basketball backboards to be located within the gym of the Yorktown Community Cultural Center (YCCC).
UPDATE MASTER FEE SCHEDULE TO INCORPORATE NEW FEES RELATING TO STORMWATER AND EROSION AND SEDIMENT CONTROL PERMITS
Resolved that the Town Board adopts the attached revised Master Fee Schedule dated November 4, 2010 that incorporates new fees for Stormwater Prevention Plans, and the inspection of stormwater management systems both during and after construction that were incorporated into the record of the October 5, 2010 public hearing on the proposed new Chapter 248 of the Code of the Town of Yorktown.
JOIN WITH OTHER NORTHERN WESTCHESTER AND PUTNAM COUNTY COMMUNITIES, AND PUTNAM COUNTY IN A LEGAL DEFENSE FUND TO CHALLENGE PENDING RENEWAL OF THE NYC WATER SUPPLY PERMIT
Whereas, the Town of Yorktown is located in the Croton Watershed and as such is subject to heightened phosphorous removal requirements in its MS4 permit, and
Whereas the purpose of the heightened MS4 permit requirements is to protect New York City’s water supply, and
Whereas compliance with the heightened MS4 requirements places a severe financial burden on the taxpayers of the Town of Yorktown, and
Whereas the Town of Yorktown has joined with other municipalities in the Croton Watershed to form the Croton Kensico Watershed Inter-municipal Coalition (CKWIC) to work for more rationale and cost effective MS4 requirements and/or additional outside funding from New York City, New York State and other sources to fund the retrofit measures required to comply with the MS4 permit, and
Whereas the CKWIC communities have decided that it is in their collective best interest to join in a regional Legal Defense Fund with similarly affected municipalities in Putnam County, as well as Putnam County, to retain legal counsel to prepare and submit comments during the public hearing process on New York City DEP’s request to renew its water supply permit and to negotiate with the DEP and the DEC on various aspects of the MS4 permit,
Now therefore be it resolved that the Town Board authorizes the payment of up to $5,000 for the aforementioned regional Legal Defense Fund.
LETTER CABLEVISION REQUESTING REFUND FOR SUBSCRIBERS
WHEREAS, for the past two weeks, the Fox Channel and other channels controlled by Newscorp. have been removed from the programs provided by cable television franchisee Cablevision within the Town; and
WHEREAS, a dispute exists between those entities that provide the service; and
WHEREAS, this is the second time within one year that Cablevision has lost channels temporarily due to disputes with content providers, impacting the residents of the Town of Cortlandt.
NOW THEREFORE BE IT RESOLVED, that The Town Board does hereby strongly object to the parties’ removal of programming in lieu of resolving their disputes through binding arbitration; and
BE IT FURTHER RESOLVED, that the Town Board does hereby demand that Cablevision provide a refund to its customers with respect to the diminishment of service this represents; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to both Cablevision and Newscorp. as well as the Attorney General of the State of New York, the Public Service Commission and the Governor of the State of New York; and
BE IT FURTHER RESOLVED, that the Town Board in all strongest terms objects to this type of conduct by its franchisee.
AUTHORIZE SUPERVISOR TO SUBMIT A GRANT APPLICATION TO NYS OFFICE OF PARKS, RECREATION AND HISTORICAL PRESERVATION FOR UPTO $25,000 FOR IMPROVEMENTS TO THE GRANITE KNOLLS SITE TO FACILITATE ITS USE OF TRAILS WITH NO OUT OF POCKET COST TO THE TOWN IN TERMS OF CASH OR LABOR
Resolved that the Town Board authorizes the Supervisor to sign a grant application to the NYS Office of Parks and Recreation and Historic Preservation for up to $25,000 for a Trails Grant for improvements to the Granite Knolls property, including the demolition of the existing barn and the creation of a parking area, with the understanding that the Town will not have to contribute any cash or in kind labor as part of any matching requirements and that the 20% required match will be cash raised by the NY/NJ Trails Association.
AUTHORIZE SUPERVISOR TO SIGN CONTRACT AMERICAN WATER WORKS ASSOCIATION FOR INSPECTING AND REPAIRING STEEL WATER TANKS
RESOLVED, that the Supervisor is authorized to sign a contract with Extech, LLC to provide inspection services on two water district storage tanks using a remote operated vehicle. Said work to be performed in accordance with American Water Works Association standards for inspecting and repairing steel water tanks, reservoirs and elevated tanks for water storage.
FURTHER RESOLVED, the cost to provide this inspection service is $4,900.00
REFUND
ZONING BOARD APPLICATION #64/10 - $210.00
Resolved, that a refund in the amount of $210.00 be given to Michael Pisano, Section16.17, Block 2, Lot 35, for withdrawn Building Permit Fee.
