Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
June 21, 2011

PLACE: TIME:
LEGACY BALL FIELD 6:00pm

PLEASE NOTE THE PLACE AND TIME

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. WELCOME – Jennifer Fava
Superintendent of Parks and Recreation

4. REPORT FROM SUPERVISOR SUSAN SIEGEL

5. REPORTS FROM TOWN COUNCIL

6. PRESENTATION BY SENIOR FUNDRAISING COMMITTEE

7. COURTESY OF THE FLOOR

8. ADVERTISING
Public Hearing – July 5, 2011
• Proposed local law amending various sections of Chapter 300-
Section 161 Lot and bulk standards
Public Hearing – July 19, 2011
• Proposed local law amending Chapter 300 pertaining to
Definitions of signs and regulation of signs in the Town of Yorktown

9. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)
• Generator Maintenance Contract
• Sherman Court Bridge Culvert Replacement Project
Capital Improvement Project #11-01-

10. RESOLUTIONS
• Request from the Assessor:
Approve tax certiorari settlement for:
Dobber Realty Inc. (Yorktown Tire)

10. RESOLUTIONS (Continued)
• Requests from the Engineering Dept.
Authorize the Supervisor to sign
An agreement with WSP Sells for the design of the Lexington
Avenue Culvert Replacement over Hunters Brook
An agreement with Birdsall Services Group for the
Hydraulic & Hydrologic Engineering Study of Sparkle Lake
Dam
Erosion Control Bond Release:
#WP-074-04
Wetland Bond Release
#WP-035-10
Approve Sewer Operator Training Class for Kyle Gulitz - $1,200

• Request from the Finance Department:
Clarify Bid awarded to Metro Imaging Services for Microfiche and
Microfilm Equipment, Maintenance and Supplies

• Request from the Legal Department:
Authorize the Supervisor to sign a lease agreement with
Bright Beginnings for space at the YCCC

• Request from the Planning Department:
Authorize the Supervisor to sign an intermunicipal agreement
with Westchester County in the amount of $231,208 for performing renovations to the Senior Center at the YCCC

• Request from the Police Department:
Authorize the Supervisor to sign a six month contract with
SunGard Public Sector for maintenance and support services
For the Police Department’s productivity software

• Request from the Supervisor’s Office
Authorize the Supervisor to sign an agreement with Empire
Consulting for drugs and alcohol testing

11. REFUNDS
• Duplicate Taxes
Account # 2683475 - $ 5,261.10
Account # 3870500 $ 3,591.39
Account # 1070500 $ 2,051.97
Account # 3017500 $ 2,294.88
Account # 206000 $ 4,124.45
Account # 1486000 $ 3,410.58
Account # 0101500 $ 2,942.09
Account # 2173500 $ 131.18
11. REFUNDS (Continued)

Account #4451751 $ 4,305.15
Account #0541604 $ 599.66
Account #2417000 $ 4,065.73
Account #0541678 $ 435.69

12. MONTHLY REPORTS – Receiver of Taxes

13. COURTESY OF THE FLOOR

14. EXECUTIVE SESSION – Discussion of Draft Audit Report

15. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: June 21, 2011

The Town Board respectfully requests that you keep your remarks during Courtesy of the Floor as brief as possible; no more than three minutes.

SUMMER OUTDOOR SCHEDULE

Legacy Ball Field – June 21, 2011

Sparkle Lake – July 5, 2011

Mohansic Golf Course – July 19, 2011 (On Restaurant terrace)

Shrub Oak Pool – August 2, 2011

BIDS PENDING
• Household Garbage Bid – July 14, 2011
• Asphaltic Concrete Laid In Place Bid - July 5, 2011
• Project Management for Demolition of the Holland Sporting Club Buildings – June 24, 2011

PUBLIC HEARINGS STATUS
DECISION - PENDING
• Proposed local law amending Chapter 275 -4 Parking, A-No
Parking Zone -adding an additional section of Veterans Road
BIDS/RFPS WAITING TO BE AWARDED
• Appraisal Services - Residential (RFP) – Assessor
• Appraisal Services – Non Residential (RFP) – Assessor
• Alarm Monitoring RFP
• YCCC Alterations
• Emergency Notification System RFP

Town Board Meeting
June 21, 2011

8. ADVERTISE PUBLIC HEARING
Proposed Local law amending various sections of Chapter 300-section 161 Lot and Bulk Standards July 5, 2011
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at Sparkle Lake Park located at 176 Granite Springs Road, Yorktown Heights, NY 10598 on the 5th day of July, 2011 at 6:00 o'clock PM, or as soon thereafter as the same can be heard, to consider a proposed local law amending various provisions of Chapter 300 of the Code of the Town of Yorktown entitled “ZONING” with respect to Article XVI entitled “Age-Oriented Geriatric Community.”
SECTION I. Deleting the first paragraph of Section § 300-161. Lot and bulk standards and replacing it with the following:

The following standards are designed to promote a physical development of low structures (maximum of three floors) set in large open spaces with ample setbacks from adjacent property. The proposed Floor Area Ratio (FAR) is 0.21, which is suitable for a medium-density suburban area or location. The allowable density is related directly to the assumed mobility of the facility's residents, i.e., a lower density is prescribed for the residential care facility than for the nursing home. The proposed density for the congregate housing is similar to that of the Town's multifamily district (R-3). For a combined facility, the density shall be calculated on the basis of the requirements of each use.

SECTION II. Deleting Section § 300-161 (B) in its entirety and replacing it with the following:

B. Allowable maximum density. The following densities are permitted in areas where public water is available and where a waste disposal method other than public sewers is proposed.
SECTION III. Deleting Section § 300-161 (C) (2) in its entirety and replacing it with the following:
(2) Maximum building height: 42 feet.

A copy of said 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.

All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.

Proposed Local law amending Chapter 300 pertaining to Definitions of Signs and regulation of Signs in the Town of Yorktown
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at Mohansic Golf Course Restaurant Terrace located at 1500 Baldwin Road, Yorktown Heights, NY 10598 on the 19th day of July, 2011 at 6:00 o'clock PM, or as soon thereafter as the same can be heard, to consider a proposed local law amending the Zoning Code of the Town of Yorktown, Chapter 300, Article II and Article XX, pertaining to definitions of signs, and regulation of signs in the Town of Yorktown.

A copy of said 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.

All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.

9. AWARD BIDS/REQUEST FOR PROPOSALS (RFP)
Generator Maintenance Contract
Whereas, Bids were received June 13, 2011 for the Preventative Maintenance
Generator Systems, Project #11-02, and are summarized as follows:

NAME OF BIDDER AMOUNT OF BID
Cummins Power Systems $32,135.00
H.O. Penn Machinery Co., Inc. $26,745.00
GenServe, Inc. $17,680.00
Northeast Generator Co. $14,000.00
Peak Power Systems, Inc. $11,238.75

RESOLVED, that the bid for the Preventative Maintenance Generator Systems,
be awarded to Peak Power Systems, the low bidder, at a cost of $11,238.75.

Sherman Court Bridge Culvert Replacement Project
Capital Improvement Project #11-01
Whereas, Bids were received on June 20, 2011 for the Sherman Court Bridge
Culvert Replacement, Capital Improvement Project #11-01, and are summarized
as follows:

NAME OF BIDDER AMOUNT OF BID
Arold Construction $359,935.00
ConTech Construction $368,385.25
Paleen Construction $370,502.00
McNamee Construction $364,857.00
J. Squared Construction $399,000.00
PCI Industries Corp. $445,890.00
ELQ Industries $470,285.00
Yonkers Excavating Corp. $498,605.64
Cassidy Excavating $561,429.09
FCI/Fourmen $610,308.00
Hudson Valley Bridge $768,000.00

RESOLVED, that the bid for the Sherman Court Bridge Culvert Replacement,
Capital Improvement Project #11-01, be awarded to Arold Construction, the low
bidder, at a cost of $359,935.00.

10. RESOLUTIONS:

Approve Tax Certiorari Settlement for Dobber Realty, Inc. (Yorktown Tire)
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 37.18, Block 2, Lot 63, located at 1911 Commerce St, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 37.18-2-63, Account Number 3634500, owned by Dobber Realty Inc., for assessment roll years 2005, 2006, 2007, 2008 and 2009 be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year FROM TO Reduction
2009 $19,500 $14,850 $4,650
2008 $19,500 $14,700 $4,800
2007 $25,650 $13,800 $11,850
2006 $25,650 $15,200 $10,450
2005 $25,650 $17,250 $8,400

AUTHORIZE SUPERVISOR TO SIGN AN AGREEMENT WITH WSP SELLS FOR THE DESIGN OF THE LEXINGTON AVENUE CULVERT REPLACEMENT OVER HUNTERBROOK
WHEREAS, the existing culvert located at Lexington Avenue over Hunter’s Brook is failing and has lost pavement stability, and
WHEREAS, WSP Sells performed an inspection of the culvert immediately following the extreme wet weather event of March 2011 to identify and recommend an interim solution to the Town’s Highway Department in order to keep the road operational until a permanent construction repair is made, and
WHEREAS WSP Sells has familiarity with the project which is in accordance with the Town of Yorktown’s procurement policy, and
WHEREAS, WSP Sells proposes to perform the following necessary tasks for the replacement of the culvert: topographic survey and mapping, preliminary plans, hydraulic analysis, environmental screening/permitting with NYSDEC and NYCDEP, NYSDOT permitting, preparation of final construction design and documents and construction support services during construction, NOW THEREFORE, BE IT,

RESOLVED, that the Town Board authorizes the Town Supervisor to sign an
agreement with WSP Sells for design & permitting services, for the Lexington
Avenue Culvert Replacement over Hunters Brook, for a Lump Sum Cost of
$70,000.00.

AN AGREEMENT WITH BIRDSALL SERVICES GROUP FOR THE HYDRAULIC & HYDROLOGIC ENGINEERING STUDY OF SPARKLE LAKE DAM
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) regulations require the Town to comply with the Bureau of Flood Protection and Dam Safety Regulations for Class C (High Hazard) Dams, and

WHEREAS, the new regulations came into effect on August 19, 2010 which require an Annual Emergency Action Plan, Inspection and Maintenance Plan, and both a structural and hydraulic analyses all to be submitted to NYSDEC by August 19, 2011, and

WHEREAS, the Birdsall Services Group performed the annual inspection report last year to comply with the first year’s requirements of the NYSDEC and has familiarity with the project which is in accordance with the Town of Yorktown’s procurement policy, and

WHEREAS, the NYSDEC’s comments on the 2010 submittal required additional information as part of the 2011 submittal including: field topographic and hydrographic survey; dam outlet structure investigation; hydraulic and hydrologic engineering study; dam break analysis and a structural analysis of the dam, NOW THEREFORE, BE IT,
RESOLVED, that the Town Board authorizes the Town Supervisor to sign an
agreement with Birdsall Services Group for dam safety analysis to comply with
New York State Department of Environmental Conservation’s regulations for a
Class C High Hazard Dam for the Sparkle Lake Dam, in the amount of $59,000.

RELEASE EROSION CONTROL BOND #WP-074-04
WHEREAS, Antonio Moreira, as applicant, posted NGM Insurance Company Erosion Control Bond #S-265474, in the amount of $1,000.00, to serve as the Erosion Control Bond for Wetland Permit #WP-074-04, for work performed at his Alden Road site, 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 $1,000.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-referenced Erosion Control Bond in the amount of $1,000.00 be and is hereby released to Mr. Antonio Moreira, 369 Alden Road, Yorktown Heights, NY 10598.

RELEASE WETLAND BOND #WP-035-10
WHEREAS, Sanija Dedusevic, as applicant, heretofore filed a Wetland Bond in
the amount of $300.00, which was deposited into the T33 Account on September
30, 2010, covering Wetland Permit #035-10, for work performed at her Sheila
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 control 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. Sanija Dedusevic, 58 Sheila Court, Yorktown
Heights, NY 10598.

APPROVE SEWER OPERATOR TRAINING CLASS FOR KYLE GULITZ - $1,200
WHEREAS, the NYCDEP provides for training of wastewater personnel as part of the upgrade project and fully reimburses the Town of Yorktown for such expense, and

WHEREAS, the training includes for overnight stay and expenses, NOW, THERFORE, BE IT

RESOLVED, that Kyle Gulitz of the Sewer Department is authorized to attend the SUNY Morrisville Environmental Training Center for the Basic Operation of Wastewater Treatment Plants for a total cost of $1,200.

CLARIFY BID AWARD TO METRO IMAGING SERVICES FOR MICROFICHE AND MICROFILM EQUIPMENT, MAINTENANCE AND SUPPLIES
Whereas, by resolution dated April 5, 2011, the Town Board of the Town of Yorktown awarded the Microfilm and Microfiche Reader/Printer Maintenance bid to Metro Imaging Services, Inc., and

Whereas, said bid award did not specify the option chosen, and

Whereas, it was the Town’s intent to choose annual maintenance agreements, now,

Therefore, Be It Resolved, the Microfilm and Microfiche Reader/Printer Maintenance bid award shall be modified to read:

The bid shall be awarded to Metro Imaging Services, Inc., on an annual maintenance agreement for all locations other than the Archival and Record Center, which shall be awarded at the hourly rate of $145 plus a discount of 10% from list price for any necessary parts.

AUTHORIZE THE SUPERVISOR TO SIGN AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY IN THE AMOUNT OF $231,208 FOR PERFORMANING RENOVATIONS TO THE SENIOR CENTER AT THE YCCC
WHEREAS, the Town of Yorktown is a member of the Westchester County Urban County Consortium; and

WHEREAS, the Town Board authorized the submission of the CDBG applications by a resolution at its meeting held on May 20, 2008; and

WHEREAS, the Town submitted a CDBG application to Westchester County
titled A The Senior Center Renovation Project,@ dated June 1, 2008; and

WHEREAS, Westchester County has awarded $231,208.00 for renovation cost,
using funds from CDBG funding year 2009 or earlier; therefore

BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor of the Town of Yorktown to execute a contract with the County of Westchester in
the amount of $231.208.00 for the purpose of Renovations to the Senior Center at the Yorktown Community and Cultural Center, 1974 Commerce Street, Yorktown Heights, NY.

AUTHORIZE THE SUPERVISOR TO SIGN A SIX MONTH CONTRACT WITH SUN GARD PUBLIC SECTOR FOR MAINTENANCE AND SUPPORT SERVICES FOR THE POLICE DEPARTMENT’S PRODUCTIVITY SOFTWARE
RESOLVED, that the Town Board hereby authorizes the Town Supervisor to sign an agreement with SunGard Public Sector, Inc. for a renewal maintenance contract and support services for the Yorktown Police Department’s productivity software from August 1, 2011 January 30, 2012 at a cost of $25,251.20

AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH EMPIRE CONSULTING FOR DRUGS AND ALCOHOL TESTING
BE IT RESOLVED, that the Town supervisor is hereby authorized to sign an agreement between the Town of Yorktown and Empire Consulting. LLC for drug and alcohol testing services in accordance with the fee schedule attached to the Agreement. The Agreement shall be effective retroactively from June 15, 2011 until June 14, 2012.