Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
MARCH 20, 2012

PLACE: TIME:
TOWN HALL 7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. PRESENTATION - Lake Mohegan Fire Department’s presentation to the
Yorktown Leos

4. REPORT FROM SUPERVISOR MICHAEL GRACE

5. REPORTS FROM TOWN COUNCIL

6. PRESENTATION – Police Chief McMahon will provide information relating to
a construction project on the Taconic Parkway

7. RESOLUTIONS FROM THE MEETING OF 3/06/2012

8. DISCUSSION – Paul Moskowitz, Yorktown Energy Committee –
NYSERDA Energy Savers

9. COURTESY OF THE FLOOR

10. ADVERTISING

Bids:
To provide lab services for the Yorktown Heights Water Pollution
Control Plant – Sewer Plan
Summer Camp T-Shirts – Parks and Recreation

11. RESOLUTIONS
Request from the Assessor:
Amend Jefferson Village Tax Certiorari Settlement

Request from Human Resources:
Authorize the Supervisor to execute a Collective Bargaining Agreement
With CSEA for the period January 1, 2009 to December 31, 2011

Requests from the Highway Superintendent:
Extend the bid for body work on town cars
Extend the bid for body work on town trucks

Request from the Town Attorney
Amend wetlands permit – Creative Living
Approve Brian Sokoloff, Esq as the attorney who will represent Highway Supt. Eric DiBartolo in a lawsuit

12. PERSONNEL

13. REFUNDS
Duplicate Taxes:
Account Number 1742500 $ 4,282.57
Account Number 3317000 $ 4,210.48
Account Number 4363500 $ 3,703.25

Release of Escrow Deposit:
Street Opening Permit #011-004 $ 2,000.00

14. MONTHLY REPORTS

15. COURTESY OF THE FLOOR

16. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: March 20, 2012

APPLICATIONS THAT ARE CURRENTLY OUT ON REFERRAL

• Old St. Georges LLC - property located at 1715 E. Main Street, a/k/a Section 15.12 Parcel 2 Lot 53. Request is for a Change of Zone from R120 to C2

• Proposed local law amending Chapter 300 – adding helistops as an accessory use In OB Districts and granting to the Town Board approval over development in OB Districts

March 20, 2012 Town Board Meeting
Resolutions to be approved:

10. ADVERTISING:

Bids:
To provide lab services for the Yorktown Heights Water Pollution
Control Plant – Sewer Plant
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 April 9, 2012, for Laboratory Services for the Yorktown Heights Sewage Treatment Plant, Bid #12-02.

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.

Summer Camp T-Shirts – Parks and Recreation
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 Wednesday, April 4, 2012 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for supplying the following goods: T-Shirts and Uniforms for the Parks & Recreation Department.

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.

11. RESOLUTIONS:

Amend Jefferson Village Tax Certiorari Settlement
This resolution amends Resolution 431 adopted September 6, 2011 and Resolution #460 dated September 20, 2011.

WHEREAS, tax certiorari proceedings were instituted by Jefferson Village III Condominiums, challenging the aggregate assessment for Section 5.19, Block 1, Lots 14.-101 thru 14.-610, totaling 127 individual, located in the Jefferson Village Condominium Complex, on the Tax Map of the Town of Yorktown, and

WHEREAS, the 127 individual condominium assessments will be determined by its percent share of the aggregate value, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting the aggregate value of Jefferson Village III Condominiums, as stated above, for assessment roll years 2005, 2006, 2007, 2008, 2009 and 2010, be settled as set forth in the proposed stipulation as follows:

Roll AV AV Proposed
Year From To Reduction
2010 $413,600 $341,111 $72,489
2009 $413,600 $325,583 $88,017
2008 $413,600 $327,524 $86,076
2007 $413,600 $307,343 $106,257
2006 $413,600 $315,506 $98,094
2005 $413,600 $356,975 $56,625

Approved by the Town Board upon condition that all taxes are paid.

Authorize the Supervisor to execute a Collective Bargaining Agreement
With CSEA for the period January 1, 2009 to December 31, 2011
WHEREAS, the Town of Yorktown (“the Town”) and the CSEA, Local 1000, AFSCME, AFL-CIO, Town of Yorktown Unit, Westchester Local 860 (“the Union”) are parties to a collective bargaining agreement covering the period January 1, 2005 – December 31, 2008; and

WHEREAS, the negotiating committees for the Town and the Union have agreed upon the terms of a Memorandum of Agreement, dated January 26, 2012, which sets forth the terms of a successor agreement for the period from January 1, 2009 through December 31, 2011; and

WHEREAS, that Agreement provides that it is subject to ratification by the Town Board and the Union’s membership; and

WHEREAS, the Union has advised the Town that its membership has voted and has approved the Agreement; and

WHEREAS, the members of the negotiating committee for the Town have recommended unanimously that the Memorandum of Agreement be ratified by the Town Board;

NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Agreement between the Town and the Union dated January 26, 2012, is hereby ratified and approved and the Town Board approves the funding for such Agreement; and

BE IT FURTHER RESOLVED that the Town Supervisor is authorized to execute a collective bargaining agreement for the period from January 1, 2009 through December 31, 2011 that is consistent with the terms of the Memorandum of Agreement.

Extend the bid for Bodywork on Town Cars
Whereas, bids for Bodywork on Town Cars were received and opened on February 2, 2010, and

Whereas, said bid was awarded to Tompkins Garage, Inc. 1440 Croton Lake Road, Yorktown Heights, New York 10598, and

Whereas, the Town has the option to extend said bid for three additional years in one- year increments, and

Whereas, said bid commenced February 2, 2010 through February 1, 2011 with additional years of 2011, 2012 and 2013, Now, Therefore Be It

Resolved, that the Superintendent of Highway Eric DiBartolo hereby recommends to the Town Board that the Town exercise its option to renew the contract for one year, per the terms of the bid, and Be It,

Further Resolved, the date of the extension will commence February 2, 2012 through February 1, 2013.

Extend the bid for Bodywork on Town Trucks
Whereas, bids for Bodywork on Town Trucks were received and opened on February 2, 2010, and

Whereas, said bid was awarded to Tompkins Garage, Inc. 1440 Croton Lake Road, Yorktown Heights, New York 10598, and

Whereas, the Town has the option to extend said bid for three additional years in one- year increments, and

Whereas, said bid commenced February 2, 2010 through February 1, 2011 with additional years of 2011, 2012 and 2013, Now, Therefore Be It

Resolved, that the Superintendent of Highway Eric DiBartolo hereby recommends to the Town Board that the Town exercise its option to renew the contract for one year, per the terms of the bid, and Be It,

Further Resolved, the date of the extension will commence February 2, 2012 through February 1, 2013.

Amend Wetlands Permit – Creative Living Development

Approve Brian Sokoloff, Esq. as the attorney who will represent Highway Superintendent Eric DiBartolo in a lawsuit
WHEREAS, the Town Board passed a resolution on March 13, 2012 directing the Town Attorney to notify Highway Superintendent Eric DiBartolo in writing of the Town Board’s determination that he is entitled to be represented by private counsel at town expense in the case LaPierre v. DiBartolo, et al., the choice of which counsel was to be subject to the Town Board’s approval; and

WHEREAS, such notification was duly made by the Town Attorney; and

WHEREAS, Mr. DiBartolo has informed the Town Board that he has retained Brian Sokoloff, Esq., a partner in the firm Sokoloff Stern LLP, 355 Post Avenue, Suite 201, Westbury, New York 11590, and now requests that the Town Board approve his choice of defense counsel; and

WHEREAS, Mr. Sokoloff competently and satisfactorily represented a Town councilmember in a recent lawsuit unrelated to the LaPierre case, and is currently representing the Town and certain police officers competently and satisfactorily in another unrelated lawsuit; and

WHEREAS, Town Attorney Jeannette Koster has considered the issue of potential conflict of interest and has opined that the Town’s agreement to pay legal fees to Mr. Sokoloff in the LaPierre case will not create a conflict of interest or an appearance of conflict of interest by virtue of Mr. Sokoloff’s representation of the Town and town officials in the two other cases, because those cases were and continue to be entirely unrelated cases to the LaPierre case, in that neither case involved or involves the Highway Department or Mr. DiBartolo, nor are any of the issues in the two other cases in any way related to the issues raised in the LaPierre case;

NOW, THEREFORE, BE IT RESOLVED, that the Town board approves Mr. DiBartolo’s choice of Mr. Sokoloff as defense counsel in the LaPierre case, subject to the Town Attorney’s approval of the legal invoices, authorizes the Town Comptroller to pay Mr. Sokoloff at the rate set forth in his retainer agreement with Mr. DiBartolo, which rate shall not exceed $200 per hour plus reasonable and customary disbursements.

12. PERSONNEL
13. REFUNDS:
Duplicate Taxes:

WHEREAS, records of the Receiver of Taxes indicate that the following duplicate tax payment was made:

Year and Tax S-P-L Account # Refund
2010 Sch 22 26.12-3-23 1742500 $4,282.57
2011 Sch 22 37.18-2-42 3317000 $4,210.48
2011 Sch 22 48.11-3-17 4363500 $3,703.25

BE IT RESOLVED, that the Supervisor is hereby authorized to refund the above noted amount.

Release Street Opening Permit #011-004
WHEREAS, a representative of the Highway Department has made an inspection of the following site and found the work to be completed satisfactorily.

NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes the release of the following Escrow Deposit:

Type of Permit Permit # Amount Location
Street Opening 011-004 $2,000 2463 Evergreen Street
Yorktown Heights, NY 10598