Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
FEBRUARY 21, 2012

PLACE: TIME:
TOWN HALL 7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR MICHAEL GRACE

4. REPORTS FROM TOWN COUNCIL

5. RESOLUTIONS FROM THE MEETING OF 2/7/2012

6. COURTESY OF THE FLOOR

7. AWARD BID
Bids:
Uniforms (Sweatshirts) – Highway Dept.

8. ADVERTISING
Public Hearing:
Proposed Local Law amending the code relating to Temporary
Certificates of Occupancy

9. RESOLUTIONS
Requests from the Engineering Department:
Wetland Bond Release –
#WP-104-04

Erosion Control Bond Release -
#E-052-08

Site Plan Bond Release –
JB Front Street, Inc.

Performance Bond Reduction #2
Route 6 Office Development – Site Plan

Requests from the Parks Department:
Authorize the Supervisor to enter into an agreement with Mott Tank
Inspection to prepare Spill Prevention Reports for Junior Lake Pool
And the Brian J. Slavin Aquatic Facility for $5,100

9. RESOLUTIONS (Continued)
Requests from the Planning Department:
Authorize the Supervisor to update its agreement with Edwards and Kelcey to
provide traffic analyses and individual project proposals on an as needed basis.
The updated agreement will reflect the fact that Edwards and Kelcey was
purchased by Jacobs Engineering Group.
Authorize Jacobs Engineering Group to analyze the traffic impacts of the
commercial development known as Costco

Requests from the Town Clerk
Approve a commercial garbage license for Mid-Hudson Waste
Approve a commercial garbage license for CRP Sanitation
Extend Microfilm-and Microfiche Reader/Printer Maintenance, Repair
and Supplies Contract

Request from the Supervisor’s Office
Ratify the Stipulation of Settlement between the Town of Yorktown and
Police Department signed by the Supervisor relating to overtime pay
Amend wetlands permit for Creative Living ball fields

Request from Town Attorney:
Approve the settlement in the matter of the Fair Housing Justice Center and the Town of Yorktown

10. PERSONNEL
Resignation:
Charlotte Tarkin – Yorktown Justice Court

11. REFUNDS

12. MONTHLY REPORT

13. COURTESY OF THE FLOOR

14 EXECUTIVE SESSION – The Town Board will immediately go into Closed Session for a discussion concerning a particular person.

15. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

UPDATED: February 21, 2012
DATED: February 15, 2012

ADVERTISED BIDS DUE BACK

Roll Off Containers for the Holland Sporting Club Feb. 27, 2012
Water Dept. Maintenance Materials Feb. 28, 2012
Athletic Equipment and Games – Parks and Recreation Dept. Feb. 29, 2012

February 21, 2012 Town Board Meeting
Resolutions to be approved:

7. AWARD BID
Uniforms (Sweatshirts) – Highway Dept.
WHEREAS, invitation to bid to supply Sweatshirts for the Highway Department for the year 2012 was duly advertised, and

WHEREAS, said bids were received and opened on the17th day of February 2012, with the bid amounts as follows:

SPORTS BARN, INC.
2918 Crompond Road
Yorktown Heights, NY 10598

Double Thick – 24oz 90% cotton 10% polyester
Zipper Sweatshirts w/hoods
Sizes M, S, L, XL, 2XL
Color: Black $64.75 /per sweatshirt
XXL $69.50 /per sweatshirt

Double Thick – 24oz 90% cotton 10% polyester
Zipper Sweatshirts w/hoods
Size 3XL only
Color: Black $74.50 /per 3XL sweatshirt

Double Thick – 24oz 90% cotton 10% polyester
Pullover Sweatshirts w/hoods
Sizes M, S, L, XL, 2XL
Color: Black $62.25 /per sweatshirt
XXL $67.00 /per sweatshirt

Double Thick – 24oz 90% cotton 10% polyester
Pullover Sweatshirts w/hoods
Size 3XL only
Color: Black $72.00 /per 3XL sweatshirt

S & H UNIFORM CORPORATION
One Aqueduct Road
White Plains, NY 10606

Double Thick – 24oz 90% cotton 10% polyester
Zipper Sweatshirts w/hoods
Sizes M, S, L, XL, 2XL
Color: Black $75.00 /per sweatshirt

Double Thick – 24oz 90% cotton 10% polyester
Zipper Sweatshirts w/hoods
Size 3XL only
Color: Black $85.00 /per 3XL sweatshirt

Double Thick – 24oz 90% cotton 10% polyester
Pullover Sweatshirts w/hoods
Sizes M, S, L, XL, 2XL
Color: Black $74.00 /per sweatshirt

Double Thick – 24oz 90% cotton 10% polyester
Pullover Sweatshirts w/hoods
Size 3XL only
Color: Black $84.00 /per 3XL sweatshirt

now therefore be it

RESOLVED, that upon the recommendation of the Highway Superintendent, the 2012 bid for Sweatshirts for the Highway Department be and is hereby awarded to Sports Barn, Inc. the low bidder.

8. ADVERTISING - Public Hearing:
Proposed Local Law amending the code relating to Temporary Certificates of Occupancy
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 Tuesday, March 6, 2012 at 7:30 o’clock PM, or as soon thereafter as the same can be heard to amend Chapter 300 of the Code of the Town of Yorktown entitled “ZONING,” Article XXI, “Administration and Enforcement,” by amending 300-196B relating to temporary certificates of occupancy.

9. RESOLUTIONS
Wetland Bond Release #WP-104-04
WHEREAS, Grigory Kravtsov, as applicant, heretofore filed an Erosion Control Bond in the sum of $350.00, which was deposited into the T33 Account on September 23, 2004, covering Wetland Permit #104-04, for work performed at 2358 Broad Street, 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 erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $350.00 be and is hereby released to Mr. Grigory Kravtsov, 2358 Broad Street, Yorktown Heights, NY 10598.

Erosion Control Bond Release #E-052-08
WHEREAS, Celestial Route 6 Associates, as applicant, heretofore posted Check No. 172 in the amount of $6,500.00 ($500.00 deposited to T33 account for erosion control for permit #E-052-08 & $6,000.00 to T90 account for inspection fees for permit #E-008-08) on October 22, 2008, and

WHEREAS, $500.00 of this money was posted for soil remediation work for Excavation Permit #E-052-08, and

WHEREAS, the land disturbance for soil remediation work is complete, 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 $500.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $500.00 be and is hereby released to Celestial Route 6 Associates, 10 East 40th Street, Suite 3210, New York, NY 10016, Attn: Mr. Mark Ellman.

Site Plan Bond Release – JB Front Street, Inc.
WHEREAS, Rick DeCola, as applicant for J.B. Front Street, provided the Town with Check No.0925974, in the amount of $5,000.00, which was deposited into the T-33 account on June 15, 2007, to serve as the Erosion Control Bond for the JB Front Street/Heights Self-Storage Facility Site Plan, located on Front Street, and

WHEREAS, Deco Construction, Inc., as applicant, provided the Town with Ohio Casualty Insurance Company Wetland Bond No. 3-871-276, in the amount of $1,500.00, to serve as the Wetland Bond for Wetland Permit #WP-001-05, for the JB Front Street/Heights Self-Storage Facility Site Plan, and

WHEREAS, Deco Construction, Inc., as applicant, provided the Town with Ohio Casualty Insurance Company Bond No. 3-871-277, in the amount of $2,500.00, to serve as the Erosion Control Bond for Excavation Permit #E-001-05, for the JB Front Street/Heights Self-Storage Facility, and

WHEREAS, Rick DeCola, as applicant, has requested that the above mentioned bonds be released as all work is completed, and

WHEREAS, the above referenced bonds for Wetland Permit #001-05 and Excavation Permit #001-05 have since expired, therefore, the Erosion Control Bond is the only money eligible for return, 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 above referenced bonds may be released, NOW, THEREFORE BE IT

RESOLVED, that the above referenced bonds are hereby released to Rick DeCola, JB Front St., Inc., 300 Richard Place, Yorktown Heights, NY 10598.

Performance Bond Reduction #2 - Route 6 Office Development – Site Plan
WHEREAS, Celestial Route 6 Associates, as Principal, provided the Town with Liberty Mutual Insurance Company Performance Bond #837026790, in the amount of $475,053.00, to serve as the Performance Bond (site estimate bond) for the Route 6 Office Development Site Plan, located on Route 6 and Mohegan Avenue, which was accepted at the Town Board Meeting of February 24, 2009, and

WHEREAS, the Performance Bond was reduced at the Town Board meeting of March 2, 2010 to $191,051.00, and

WHEREAS, Celestial Route 6 Associates, as Principal, provided the Town with Check No. 180 in the amount of $10,000.00 to serve as the Erosion Control Bond (site estimate bond) for the Route 6 Office Development Site Plan, which was deposited into the T33 account on November 21, 2008, and

WHEREAS, Celestial Route 6 Associates, as Principal, provided the Town with Check No. 160 in the amount of $10,000.00 to serve as the Erosion Control Bond for Excavation Permit #E-008-08, for the construction of three structures (only two have been built to date) and for the relocation of the driveway, which was deposited into the T33 account on October 22, 2008, and

WHEREAS, Celestial Route 6 Associates, as Principal, provided the Town with Check No. 172 in the amount of $6,000.00 to serve as the escrow monies for inspections of the site for Excavation Permit #E-008-08, which was deposited into the T90 account on October 22, 2008, and

WHEREAS, Celestial Route 6 Associates, as Principal, has requested a second bond reduction, and

WHEREAS, the Town Engineer has informed this Board that a representative of her department has inspected the property and determined public improvements have met Town requirements for the first two lots, but construction on the third lot is not yet complete, therefore, a second bond reduction has been completed and all other securities held, and

WHEREAS, the Acting Town Engineer has said that the Performance & Erosion Control Bonds may be reduced, NOW, THEREFORE BE IT

RESOLVED, that said Performance Bond is reduced to $0 ($191,051.00 back to developer) and, BE IT FURTHER

RESOLVED, the Erosion Control Bond is reduced to $3,000.00 ($7,000.00 back to developer) and, BE IT FURTHER,

RESOLVED, that a Performance Bond will be required prior to the issuance of a Building Permit for the construction of the third structure, NOW, THEREFORE BE IT

RESOLVED, that all remaining monies will be held in full force and effect until the third and final structure is built.

Authorize the Supervisor to enter into an agreement with Mott Tank
Inspection to prepare Spill Prevention Reports for Junior Lake Pool And the Brian J. Slavin Aquatic Facility for $5,100
WHEREAS, the Town of Yorktown requires a current Spill Prevention Report for the Junior Lake Pool and the Brian J. Slavin Aquatic Facility in accordance with the New York State Department of Environmental Conservation Chemical Bulk Storage Regulations [6 NYCRR § 598.1(k)]; and,
WHEREAS, the Town requires an inspection of one (1) 1,200 gallon polyethylene tank located at Junior Lake Pool in order to comply with New York State Department of Environmental Conservation regulations pertaining to a mandated five (5) year inspection [6 NYCRR § 598.7(d)]; therefore,
BE IT RESOLVED, that the Town Supervisor is authorized to enter into an agreement in the amount of $5,100.00 with Mott Tank Inspection, Inc, to prepare Spill Prevention Reports for the Junior Lake Pool and the Brian J. Slavin Aquatic Facility and and to perform the 5-year tank inspection as indicated above,
Authorize the Supervisor to update its agreement with Edwards and Kelcy to provide traffic analyses an individual project proposals on an as needed basis. The updated agreement will reflect the fact that Edwards and Kelcey was purchased by Jacobs Engineering Group
WHEREAS, the Town of Yorktown has participated in the Routes 202/35/6/BMP Sustainable Development Study, which focused on traffic and land use issues in the northwest quadrant of Yorktown; and

WHEREAS, Edwards & Kelcey, a professional planning firm, performed the planning and traffic analysis for the study, and created a comprehensive traffic model for the study area; and

WHEREAS, the traffic model for the area is useful as a tool to analyze individual development proposals pursuant to the findings of the Sustainable Development study, and will improve the ability of the Town of Yorktown to effect the findings of said study; and

WHEREAS, the Town Board authorized the Town Supervisor to execute an agreement with Edwards & Kelcey on May 16, 2004 to perform traffic analyses on individual project proposals, on an as needed basis, using the traffic model created during the study; and

WHEREAS, Edwards & Kelcey was purchased by Jacobs Engineering Group, Inc., a professional planning and engineering firm, and has assumed responsibility under said agreement; and
WHEREAS, Jacobs Engineering Group, Inc., has sought to update its agreement with the Town of Yorktown to provide traffic analyses on individual project proposals, on an as needed basis, using the traffic model created during the Sustainable Development Study; and

WHEREAS, the requested updates have been reviewed and accepted by the board;
now therefore be it hereby

RESOLVED, the Town Board authorizes the Supervisor of the Town of Yorktown to execute an updated consulting contract with Jacobs Engineering Group, Inc., formerly known under the agreement as Edwards & Kelcey, for the purpose of continuing to provide traffic consulting services on an as needed basis to perform traffic analyses for individual project proposals, the costs thereof to be determined for each project pursuant to a schedule of hourly rates provided within the agreement; and be it further

RESOLVED, that the costs, where applicable, shall be charged to, and borne by, each individual projects’ applicant or sponsor.

Authorize Jacobs Engineering Group to analyze the traffic impacts of the
commercial development known as Costco
WHEREAS, the Town Board of the Town of Yorktown desires to study the traffic impact of a commercial development known as Costco, proposed on the north side of Route 202, a state highway, immediately west and abutting the Taconic State Parkway, as it relates to the Route 202/35/6/BMP Sustainable Development Study; and

WHEREAS, Jacobs Engineering, formerly known as Edwards & Kelcey, a planning& traffic consulting firm, has entered into an agreement with the Town of Yorktown to provide these services on an on-call basis which was authorized by the Town Board by resolution on March 16, 2004, and updated by resolution on February 21, 2012; and

WHEREAS, Jacobs Engineering has submitted a proposal to provide the traffic analysis for this commercial development, pursuant to said on-call agreement for an amount not to exceed $9,000 for the traffic analysis which includes appearance at one Town meeting; now therefore

BE IT HEREBY RESOLVED, that the Supervisor of the Town of Yorktown is hereby authorized to engage Jacobs Engineering under the on-call agreement between them and the Town of Yorktown, for the purpose of analyzing the traffic impacts of the commercial development known as Costco, in an amount not to exceed $9,000.

Approve a commercial garbage license for Mid-Hudson Waste
RESOLVED, the Town Clerk is authorized to issue a renewal commercial garbage license to Mid-Hudson Waste for the year 2012.

Approve a commercial garbage license for CRP Sanitation
RESOLVED, the Town Clerk is authorized to issue a renewal commercial garbage license to CRP Sanitation for the year 2012.

Extend Microfilm-and Microfiche Reader/Printer Maintenance, Repair and Supplies Contract
WHEREAS, bids for the Microfilm and Microfiche reader/Printer Maintenance, repair and
Supplies received and opened on March 21, 2011; and

WHEREAS, said bid was awarded to Metro Imaging, Inc. 10 Merry Lane, East Hanover, NJ
07936; and

WHEREAS, the town has the option to extend said bid for one additional year; and

WHEREAS, said bid commenced April 1, 2011 through March 31, 2012 with additional
Year beginning April 1, 2012 through March 31, 2013; SO THEREFORE BE IT

RESOLVED, that the Town Clerk hereby recommends to the Town Board that
the Town exercise its option to renew the contract per the terms of the bid; and
be it

FURTHER RESOLVED, the date of the extension will commence April 1, 2012 through
March 31, 2013.

Ratify the Stipulation of Settlement between the Town of Yorktown and Police Department signed by the Supervisor relating to overtime pay
RESOLVED, that the Town Board does hereby ratify the stipulation of settlement of the grievance filed by the Yorktown Policemen’s Benevolent Association, as signed by former Supervisor Susan Siegel for the Town on June 29, 2011.

Amend wetlands permit for Creative Living ball fields

Approve the settlement in the matter of the Fair Housing Justice Center and the Town of
Yorktown
RESOLVED, the Town Board approves the settlement in the matter of the Fair Housing Justice Center and the Town of Yorktown (10-CIV-9337 (KMK)) and hereby authorizes the Town's litigation counsel in this matter, the law firm Bleakely Platt & Schmidt, to sign the Consent Decree, the Stipulation and Order of Dismissal and an agreement to refer disputes that may arise between the parties under the consent decree to Magistrate Judge Lisa Margaret Smith.