Town Board

TOWN BOARD AGENDA
TOWN OF YORKTOWN
April 15, 2014
                                                         

PLACE:                                                                                            TIME:
TOWN HALL                                                                                     7:30 pm

1. PLEDGE OF ALLEGIANCE  - Girl Scout Troop 2067
    
2. MOMENT OF SILENCE
    
3. REPORT TO THE TOWN FROM SUPERVISOR GRACE
    
4. REPORTS FROM TOWN COUNCIL
    
5. PRESENTATION – BATTLE OF YORKTOWN
   Kim Angliss-Gage – Refuse and Recycling Department
    
6. RESOLUTIONS FROM the April 1, 2014 Meeting
    
7. COURTESY OF THE FLOOR
    
8. PUBLIC HEARINGS                            
   Convene
   Proposed local law amending Chapter 275:
   Section 275-6A in Chapter 275, entitledof the town code of the Town of Yorktown is hereby amended by adding the following locations to the list of public highways upon which a driver of a vehicle shall come to a full stop unless otherwise directed by a peace officer:
    

   Oslo Drive	at the southwest corner of the intersection with Quaker Church Road
   Loder Road	at each corner of the intersection with Evergreen Street
   Northridge Road	at the northeast corner of the intersection of Mountain Brook Road
   Northridge Road	at the southwest corner of the intersection with Ravine Street

   Proposed local law amending Chapter 65:
   To add a new Article IV to Chapter 65 of the Code of the Town of Yorktown entitled “OFFICERS AND EMPLOYEES.” Concerning filling vacancies in elected office.”

9. ADVERTISEMENTS
   Public Hearings:
   Proposed Local Law Amending Chapter 260 entitled “TAXATION”
             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, May 6, 2014 at 7:30 o’clock PM, or as soon thereafter as the same can be heard to amend Chapter 260 of the Code of the Town of Yorktown entitled “TAXATION” by amending Article IV entitled “Installment Agreement for Delinquent Real Property Taxes,” regarding maximum term and required down payment.                                                          

10. AWARD BIDS
    Kubota B Series Tractor – Parks & Recreation Department
              WHEREAS, invitation to bid for one (1) Kubota B Series B3350HSDC Tractor or equivalent with 60” light material quick attach bucket, 36” pallet fork frame and 7.7’ backhoe with 6 position mechanical thumb kit for the Yorktown Parks and Recreation Department was duly advertised, and

              WHEREAS, said bids were received and opened on Friday, April 11, 2014, with the bid amounts for the above referenced equipment summarized as follows; NOW THEREFORE BE IT
     

    COMPANY	PRICE
    Arroway Chevrolet Inc.	$34,952.00
    Pine Bush Equipment Co. Inc.	$36,489.00
    Westchester Tractor, Inc.	$37,499.00

              RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Brian Gray, the bid be and is hereby awarded to Arroway Chevrolet Inc. the lowest responsible bidder for one (1) unit at $34,952.00.

11. RESOLUTIONS
    Request from the Environmental Consultant:
              WHEREAS, the Town of Yorktown is a member of the East of Hudson Coalition (the “EOH Coalition”), an association of municipalities located in the New York City watershed east of the Hudson River; and

              WHEREAS, the EOH Coalition municipalities are subject to heightened requirements because their surface waters feed the New York City drinking water system; and

              WHEREAS, the EOH Coalition wishes to initiate discussions and negotiations with the New York City Department of Environmental Protection and the New York State Department of Environmental Conservation regarding future requirements for phosphorus reductions by EOH Coalition municipalities and relief to said municipalities from the financial burden of such requirements; and

              WHEREAS, the EOH Coalition wishes to engaged the law firm of Rapport Meyers LLP to represent it and its municipal members with respect to the aforementioned discussions and negotiations; and

              WHEREAS, the law firm of Rapport Meyers LLP has submitted a proposed 2014 Legal Budget for the EOH Coalition dated February 18, 2014, a copy of which is annexed hereto and hereby made a part hereof (the “Proposal”); and                   

              WHEREAS, the Town Board of the Town of  Yorktown wishes to approve the Proposal and engage the law firm of Rapport Meyers LLP to represent the EOH Coalition on the terms set forth in the Proposal; and

              WHEREAS, the Proposal provides that each of the EOH Coalition municipalities will pay a portion of the legal fees incurred by the EOH Coalition based on the Allocation Schedule  (the “Allocation Schedule”), a copy of which is annexed hereto and hereby made a part hereof; and

              WHEREAS, based upon the estimated legal fees of $ 33,000.00 set forth in the Proposal for calendar year 2014 and the Allocation Schedule setting the Town of Yorktown contribution , the Town of Yorktown would incur legal fees relating to the EOH Coalition in the amount of $3,413.00; and

              WHEREAS, for fiscal purposes, one of the members of the EOH Coalition will serve as the “lead municipality” by paying the law firm’s vouchers as they are approved by the EOH Coalition, and seek reimbursement from members of the EOH Coalition according to the Allocation Schedule; and

              WHEREAS, Putnam County has been designated to serve as the “lead municipality” for said purpose;

              NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Yorktown on April 15, 2014 hereby approves the Proposal submitted by the law firm of Rapport Meyers LLP for representation of the EOH Coalition in calendar year 2014 and the payment of legal fees incurred thereunder pursuant to the Allocation Schedule either by reimbursement to Putnam County as the “lead municipality” or directly to Rapport Meyers LLP; and                 

              BE IT FURTHER RESOLVED, that the Town Board of the Town of Yorktown hereby authorizes and directs the Supervisor to execute any and all documents necessary to give effect to this resolution.

    Request from the Engineering Department:
    Amend Resolution #587 of 2012 relating to Macri’s request to be added to the Peekskill Sanitary Sewer District  
              WHEREAS, the Westchester County Department of Environmental Facilities has advised that this resolution now requires both Section/Parcel/Lot and address, and

              WHEREAS, the Town of Yorktown Town Board is desirous of including the parcel of land into the existing Peekskill Sanitary Sewer District, NOW THEREFORE BE IT

              RESOLVED, that the Town Board of the Town of Yorktown does hereby request that the County of Westchester incorporate parcel 35.08-1-1 (3950 Old Crompond Road), into the Peekskill Sanitary Sewer District:

    Bond Releases:
    WP-T-007-12 – Susan Court

              WHEREAS, Rodd Stein, as applicant, posted check #1002 in the amount of $300.00 which was deposited into the T33 Account on April 13, 2012 covering Wetland & Tree Permit #007-12 for work performed at his Susan Court 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 Mr. Rodd Stein, 2425 Susan Court, Yorktown Heights, NY 10598.

    BSWPPP-T-007-14 Curry Street

              WHEREAS, Scott Shapiro, as applicant, posted Check No. 263 in the amount of $300.00 on February 24, 2014 to serve as the application fee for Tree & Stormwater application #T-BSWPPP-007-14, and

              WHEREAS, Scott Shapiro, as applicant, posted Check No. 287 in the amount of $500.00 on March 21, 2014 to serve as the Erosion Control Bond for Tree & Stormwater Permit #T-BSWPPP-007-14, and 

              WHEREAS, the permit has been deemed null and void, NOW THEREFORE BE IT

              RESOLVED, that the above-referenced totaling $800.00 be and are hereby released to Mr. Scott Shapiro, 3630 Curry Street, Yorktown Heights, NY 10598.

    BSWPPP-T-023-13 South Shelly Street

              WHEREAS, Diane Racanelli as applicant, posted $300.00 cash, which was deposited into the T33 Account on May 17, 2013 covering permit #023-13, for work performed at her South Shelley 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 for erosion may be released, NOW THEREFORE BE IT

              RESOLVED, that the above-described Erosion Bond in the amount of $300.00, be and is hereby released to Ms. Diane Racanelli, 3310 South Shelley Street, Mohegan Lake, NY 10547.

    Request from the Refuse and Recycling Department:

              WHEREAS, the Town of Yorktown owns and has in its possession two pieces of equipment in the Central Garage which are no longer necessary or adaptable for use by the Town;

              WHEREAS, such items are listed as follows:

    Make              Description                             Qty
    Sandblaster – 25 Gallon Sand Cap                 1
    Bishman Bumper Lift – Model #415              1

              WHEREAS, it is in the best interest of the Town to dispose of said equipment and receive monetary compensation for the benefit of the Town; Now

              THEREFORE BE IT RESOLVED, the Town Board designates the aforementioned items as surplus equipment and authorizes such equipment to be placed on public online auction with Auctions International, Inc.

    Request from the Library Director:

              WHEREAS, the Town Board at its meeting of March 19, 2013 authorized the Supervisor to sign an agreement with Automated Control Logic, Inc. for the monitoring of seven alarms at the John C. Hart Memorial Library for the period April 1, 2013 to March 31, 2014 in the amount of $25/alarm per month for a total of $175 per month.

              WHEREAS, the Town has the contractual option to extend the agreement for an additional one year period, 

              NOW, THEREFORE, BE IT, BE IT RESOLVED, that the Town intends to extend the agreement for one year from April 1, 2014 to March 31, 2015 at the same price.          

    Request from the Planning Director:

              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 traffic consulting and review 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 the Town Board of the Town of Yorktown engaged Jacobs by resolution dated February 21, 2012, to study the traffic impact of a commercial development known as Costco in the amount of $9,000.00; and

              WHEREAS Jacobs Engineering has submitted a proposal to provide additional traffic analysis for this commercial development as it relates to the content of the Environmental Impact Statement, pursuant to said on-call agreement for an additional amount of $8,500.00, which cost will be reimbursed by the applicant; 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 and evaluating the traffic analysis of the Environmental Impact Statement of the commercial development known as Costco, in an amount not to exceed $8,500.00.

    Request from the Police Department:

              RESOLVED, the Town Supervisor is hereby authorized to sign two agreements with Taser International, Inc. for the purchase of Taser smart cartridges and Taser holsters for the Yorktown Police Department, in accordance with the terms of the two quotes, both dated April 2, 2014, for $1,559.03 and $2,010.20 respectively.

    Request from the Town Supervisor:

              WHEREAS, Chapter 49 of the Laws of 1988 added a new Section 11-c to the New York Domestic Relations Law, empowering the governing body of any Village, Town or City to appoint one or more Marriage Officers and fix their compensation; and

              WHEREAS, the Town Board of the Town of Yorktown, a duly constituted Town of the Suburban Class, deems it necessary and proper to create the position of Marriage Officer, possessing statutory authority to solemnize marriages within the Town;

              NOW, THEREFORE, BE IT RESOLVED, that pursuant to the provisions of such Section 11-c of the Domestic Relations Law, Michael Grace, Town Supervisor, is hereby appointed a Marriage Officer of the Town of Yorktown, and be it

              FURTHER RESOLVED, that this appointment shall take effect on April 15, 2014, and shall continue for a term ending on December 31, 2015

    Requests from the Water Department:

    Accept Auction Bids:

              WHEREAS, on March 24, 2014, Auctions International, Inc., the Town’s contracted auctioneer, went live with an online auction featuring 19 of the Town’s surplus vehicles and items of equipment,

              WHEREAS, on April 7, 2014, Auctions International closed the bidding process for all Town vehicles and equipment,

              THEREFORE BE IT RESOLVED that the Town Board accepts the bids for the following 13 vehicles and equipment items in the amounts shown.                 
     

    ITEM	AMOUNT
    Item #1: 2003 Ford F350 2DR	$3,350.00
    Item #2: 1987 Hyster Forklift	$1,925.00
    Item #3: Toyota Forklift	$860.00
    Item #4: Ball Field Machine	$550.00
    Item #5: 2004 Ford Crown Vic 4 DR	$770.00
    Item #6: 1994 Chevy S10 2 DR	$620.00
    Item #7: 1995 Ford Crown Vic 4 DR	$530.00
    Item #9: 1995 Ford F350 Dump 2 DR	$2,800.00
    Item #10: Toro Groundmaster	$420.00
    Item #11: Ductile Iron Joint Bends 6 inch	$210.00
    Item #17: OCE Copier/Printer	$1,575.00
    Item #18: Sand Blaster	$170.00
    Item #19: Bishman Bumper Lift	$57.50

Repair of Stony Street Water Main

          WHEREAS, the Yorktown Consolidated Water District has determined that its 12” water main in this area running along Stony Street, under the bed of State Route 35/202, is leaking and must be replaced, and

         WHEREAS, New York State Department of Transportation (NYSDOT) has a competitively bid contract with ECCO III Enterprises (ECCO) for improvements to State Route 35/202 (Bear Mountain Parkway Extension) at Pine Grove Court and Stony Street in Yorktown, and

         WHEREAS, DOT’s contract with ECCO provides for ECCO to perform utility work of this kind, and

         WHEREAS, ECCO’s estimate to replace the water main is $96,804.50 and NYSDOT requires an additional 15% to cover overruns,

         NOW, THEREFORE, BE IT RESOLVED, the Town Board requests NYSDOT, through its contractor, ECCO, to perform the above described work (“betterment work”) to repair the Yorktown Consolidated Water District’s water main under the Bear Mountain Parkway Extension, and

         BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to sign a betterment agreement with NYSDOT to provide $112,000 to reimburse NYSDOT for this work, which funds will be placed by NYSDOT in a force account to be used to pay the contractor. The Town will be reimbursed for any unexpended funds after the work is complete.
 

Request from the Northern Westchester Joint Water Works:

         RESOLVED, that upon the recommendation of the Northern Westchester Joint Water Works, a refund in the amount of $1,493.98 be issued to Account #41-0231265-3, 2653 Deer Street, Mohegan Lake, NY 10547 due to an overpayment.

12. MONTHLY REPORTS
    Building Department – March Construction Report
    Receiver of Taxes – March 2014
     
13. ADJOURN      

Alice E. Roker
Town Clerk
Town of Yorktown

Date:   April 15, 2014
 

Reconvene on May 6, 2014:

To consider the request made by Tom McCrossan and Mark McGoldrick for a Special Use Permit to operate a Convalescent Home at 482 Underhill Avenue, Heights, NY 

See a list of outstanding bids on the Town Clerk’s page, Town of Yorktown’s website: www.yorktownny.org/townclerk.