Town Board Meeting

Tuesday, September 20, 2011 - 7:30pm to 9:30pm

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
SEPTEMBER 20, 2011

PLACE: TIME:
TOWN HALL 7:30pm

The Town Board will begin tonight’s meeting by holding a one hour work session in the Supervisor’s Office beginning at 6:30PM

WORK SESSION:
IT RFP
Draft sidewalk snow removal legislation
Draft Accessory Structure zoning amendments
Appointments to Emergency Management Plan Review Committee
Gundmar Associates land donation
Highway Department Staffing

BOARD MEETING:

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR SUSAN SIEGEL
• Emergency Notification System

4. REPORTS FROM TOWN COUNCIL

5. APPROVE MINUTES FROM - 9/6/2011 Meeting

6. COURTESY OF THE FLOOR

7. PUBLIC HEARINGS
• Proposed local law amending Chapter 300 of the Zoning Code with respect to Article IV entitled General Regulations, “pertaining to fence heights”
• Proposed Local Law amending Chapter 205 of the Code of the Town of Yorktown entitled “Notification of Proposed Land Use Activity or Regulation with regard to the height of the notification signs”
• Proposed local law amending Chapter 275 creating a Park Zone
and adding a stop sign at Strang Blvd and Woodland Drive (Legacy
Ball Field)

8. AUCTION - Approve results from online auction of 18 town vehicles
9. REFERRAL – Amended Site Plan – Sanctuary Golf Course

10. ADVERTISING
Bids:
• Channel Voice Recording Device – Police Department
• Sludge & Grease Removal at the Yorktown Heights Sewage
Treatment Plant, Bid #11-03
• Various Chemicals for the Yorktown Heights Sewage Treatment
Plant Bid #11-04
• Automotive Fluids – Central Garage

RFP:
• IT Services

11. CROTON OVERLOOK – Acknowledge receipt of FEIS

12. RESOLUTIONS
• Requests from the Assessor:
Tax Certiorari Settlements for Trump Park and Canterbury Crossing
Amend Resolution 431 of 2011 – Tax Certiorari Settlement
Jefferson Village Condo III

• Request from Comptroller:
Approve Budget Transfer - To replace vehicle - Police Department

• Requests from the Supervisor:
Approve change order for audio visual equipment bid
Approve extension of contract for Cary Vigilante for cable broadcasting services

• Requests from the Town Attorney:
Authorize the Supervisor to sign lease amendment for Head
Start at the YCCC
Authorize the Supervisor to sign Federal Excess Property agreement

• Request from Town Clerk’s Office:
Confirm all public hearings for October 4, 2011 to be held at John C. Hart Memorial Library

13. REFUNDS
Duplicate Taxes:
Account #4452071 - $ 4,508.44
Account #1251000 - $ 1,762.14

14. MONTHLY REPORTS
Receiver of Taxes
15. COURTESY OF THE FLOOR

16. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: September 20, 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.

PUBLIC HEARINGS – October 4, 2011 – John C. Hart Memorial Library
• Proposed Local Law Creating Chapter 102 establishing a new Affordable
Housing Program
• Requests from property owners seeking relief on the basis of hardship from the Temporary Moratorium on Approvals for Buildings Accessory to Residences Sanganoo – 1869 Andre Place
Silverman – 1360 Whitehill Road
Sepa – 3270 Lincoln Drive

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 PENDING
• 2012 Mack Granite GU813 chassis and Leach 2Rlll Rear Loading Body
• Water Meter
• Parks Dept. Truck

Town Board Meeting
September 20, 2011

8. PUBLIC HEARINGS

PROPOSED LOCAL LAW AMENDING CHAPTER 300 OF THE ZONING CODE WITH RESPECT TO ARTICLE IV ENTITLED GENERAL REGULATIONS, PERTAINING TO FENCE HEIGHTS
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, Town of Yorktown, 363 Underhill Avenue, Yorktown Heights, New York on the 20th day of September, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard for the purpose of amending Chapter 300 of the Code of the Town of Yorktown entitled “ZONING” with respect to Article IV entitled “General Regulations,” pertaining to fence heights.

A copy of the Local Law is on file in the Office of the Town Clerk, Town of Yorktown, 363 Underhill Avenue, Yorktown Heights, New York, where it is a public record, available for inspection during regular office hours.

A copy of the Local Law may also be seen on the Town of Yorktown’s website
www.yorktownny.org

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

PROPOSED LOCAL LAW AMENDING CHAPTER 205 OF THE CODE OF THE TOWN OF YORKTOWN ENTITLED “NOTIFICATION OF PROPOSED LAND USE ACTIVITY OR REGULATION WITH REGARD TO THE HEIGHT OF THE NOTIFICATION SIGNS
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 20th day of September, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard for the purpose of amending Chapter 205 of the Code of the Town of Yorktown entitled “NOTIFICATION OF PROPOSED LAND USE ACTIVITY OR REGULATION” with regard to the height of notification signs.

A copy of the Local Law may also be seen on the Town of Yorktown’s website
www.yorktownny.org

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

PROPOSED LOCAL LAW AMENDING CHAPTER 275 CREATING A PARK ZONE AND ADDING A STOP SIGN AT STRANG BLVD AND WOODLAND DRIVE (LEGACY BALL FIELD)
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 20th day of September, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard for the purpose of amending Chapter 275 of the Code of the Town of Yorktown entitled “VEHICHLES AND TRAFFIC,” to add restrictions on Strang Boulevard, Woodlands Drive and Legacy Ballfields.

A copy of the Local Law may also be seen on the Town of Yorktown’s website
www.yorktownny.org

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

9. AUCTION - APPROVE RESULTS FROM ONLINE AUCTION OF 18
TOWN VEHICLES
WHEREAS, on June 15, 2011 the Town Board authorized the Supervisor to sign a contract with Auctions International, Inc. to sell surplus Town vehicles and equipment using an online auction; and

WHEREAS, the Water Department, Parks and Recreation Department and Highway Department identified eighteen vehicles and pieces of equipment that were surplus, as they are no longer needed by that department or any other department of the Town; and

WHEREAS, pursuant to the Town Board’s resolution of June 15, 2011, the town requested Auctions International to auction those items; and

WHEREAS on August 24, 2011 Auctions International commenced an online auction to sell the 18 items of surplus vehicles and equipment; and

WHEREAS, the auction ended on September 19, 2011 bids were received for all 18 items, and the highest price bid for each item is acceptable to the respective Department head and the Town Board;

NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the following highest bids for each item as set forth below:

Veh. ID # Make Model Year Highest Bid Department/Fund
1 Chevy S10 Pickup 1998 $1,125.00 Water
2 Ford F350 Utility 1999 $5,100.00 Parks
18 Ford F350 Utility 2001 $6,500.00 Parks
15 Komatsu Bulldozer n/a $13,600.00 Trust & Agency
16 Bomag Roller 1978 $6,120.00 Trust & Agency
17 Kobelco Excavator 2001 $27,000.00 Trust & Agency
3 Ford Crown Vic 1997 $560.00 Building
4 Ford Crown Vic 1996 $396.00 Nutrition
5 Mack Dump Truck 1989 $4,319.00 DEC
6 Mack Dump Truck 1995 $20,000.00 DEC
7 Ford Crowne Vic 2000 $444.00 Police
8 Ford Crowne Vic 2001 $898.00 Police
9 Ford Crowne Vic 1998 $416.00 Police
10 Ford Crowne Vic K-9 2001 $861.00 Police
11 Ford Explorer 1994 $616.00 Police
12 Ford Crowne Vic 1998 $468.00 Police
13 Ford Taurus 1998 $320.00 Police
14 Nissan Maxima 1996 $790.00 Police
Total $89,533.00

10. REFERRAL – AMENDED SITE PLAN – SANCTUARY GOLF COURSE
RESOLVED, that the request from Sanctuary Golf Course to amend the approval plan for the renovation of the golf course, specifically in the area of the proposed tennis courts is hereby referred to the appropriate agencies for review and recommendation.

11. ADVERTISING

CHANNEL VOICE RECORDING DEVICE – POLICE DEPARTMENT
NOTICE IS HEREBY GIVEN that 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 11:00 o=clock AM on the 14th day of October, 2011 for furnishing and delivering a 24 Channel Voice Recording Device for use by the Police Department of the Town of Yorktown.

Specifications may be obtained at the office of the Town Clerk in the said Town Hall.
The Bidder assumes the risk of any delay in the mail or in the handling of the 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 the bids in at the time and place specified above.

The Town Board of the Town of Yorktown along with the other communities reserves the right to reject any and all bids and to accept that bid which is deemed most favorable to the interests of the said Towns.

SLUDGE & GREASE REMOVAL AT THE YORKTOWN HEIGHTS SEWAGE TREATMENT PLANT, BID #11-03
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 Tuesday, October 11, 2011, for Sludge & Grease Removal at the Yorktown Heights Sewage Treatment Plant, Bid #11-03.

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.

VARIOUS CHEMICALS FOR THE YORKTOWN HEIGHTS SEWAGE TREATMENT PLANT BID #11-04
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 Tuesday, October 11, 2011, for Various Chemicals for the Yorktown Heights Sewage Treatment Plant, Bid #11-04.

Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.

If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address.

AUTOMOTIVE FLUID BID – CENTRAL GARAGE
Notice is Hereby Given, that sealed proposals will be received by the Town Clerk,
Town of Yorktown, Westchester County, NY until 11:00 AM on Friday, October 14, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for Automotive Fluids.

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.

RFP:
IT SERVICES
Notice is Hereby Given, that the Town of Yorktown is seeking proposals from qualified vendors to provide Information Technology services to support and maintain the Town’s IT systems, meeting the current and projected needs of the locations and departments as outlined in the Request for Proposal.

Proposals may be obtained at the Office of the Town Clerk during normal business hours.

All completed proposals must be received in the Office of the Town Clerk, 363 Underhill Avenue, Yorktown Heights, NY, no later than 2:00 pm on October 20, 2011.

The Town Board reserves the right to reject any or all proposals and to accept that proposal which it deems most favorable to the interests of the Town of Yorktown.

13. RESOLUTIONS

TAX CERTIORARI SETTLEMENTS
FOR TRUMP PARK
WHEREAS, tax certiorari proceedings were instituted by Yorktown Realty Association, LLC, challenging the aggregate assessment for parcels Section 5.19, Block 1, Lots 14.-101 thru 14.-610, totaling 141 individual units, located at 3770 Barger street, also known as Trump Park Residences Condominiums, on the Tax Map of the Town of Yorktown, and

WHEREAS, the 141 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 Yorktown Realty Association, LLC, as stated above, for assessment roll years 2007, 2008, 2009, 2010 and 2011, be settled as set forth in the proposed stipulation as follows:

Roll AV AV Proposed
Year From To Reduction
2011 $575,850 $500,000 $75,850
2010 $575,850 $575,850 $0
2009 $575,850 $575,850 $0
2008 $619,900 $460,000 $159,900
2007 $539,450 $340,000 $199,450

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

CANTERBURY CROSSING
WHEREAS, tax certiorari proceedings were instituted by Canterbury Crossing Condominiums, challenging the aggregate assessment for parcels Section 16.15, Block 1, Lots 2.-2100 thru 2.2-99, totaling 106 individual units, located off Route 132, on the Tax Map of the Town of Yorktown, and

WHEREAS, the 106 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 Canterbury Crossing 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 $468,200 $416,000 $52,200
2009 $468,200 $385,000 $83,200
2008 $468,200 $380,000 $88,200
2007 $468,200 $375,000 $93,200
2006 $468,200 $375,000 $93,200
2005 $468,200 $380,000 $88,200

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

AMEND RESOLUTION 431 OF 2011 – APPROVED SEPTEMBER 6, 2011
TAX CERTIORARI SETTLEMENT – JEFFERSON VILLAGE CONDO III
WHEREAS, tax certiorari proceedings were instituted by Jefferson Village III Condominiums, challenging the aggregate assessment for parcels Section 17.09, Block 1, Lots 69.-217 thru 69.343, totaling 127 individual units, 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 $341,137 $72,463
2009 $413,600 $325,586 $88,014
2008 $413,600 $327,571 $86,029
2007 $413,600 $307,305 $106,295
2006 $413,600 $315,535 $98,065
2005 $413,600 $356,937 $56,663

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

APPROVE BUDGET TRANSFER – TO REPLACE VEHICLE – POLICE DEPARTMENT
Whereas, on August 10, 2011, Police Vehicle #06-532 was destroyed by an electrical fire, and

Whereas, Vehicle #06-532 was one of the department’s few four wheel drive vehicles, and

Whereas, current New York State Contract #PC65013, NYS Bid Award #21910-PF has a replacement vehicle available, and

Whereas, authorization is hereby granted for the Town of Yorktown Police Department to order a 2012 Ford Expedition XL with Special Service Option from said bid, and

Whereas, price of replacement vehicle is $28,861, and the insurance coverage for destroyed vehicle #06-532 totals $18,562.45, therefore an additional $10,298.55 is needed for the purchase, now

Be It Resolved, the Town Board hereby authorizes the additional funds necessary, in the amount of $10,298.55, to be funded from the general fund balance, and the following budgetary transfer is hereby approved:

Increase Police Vehicles A 3120.210 $10,298.55
Increase Appropriated Fund Balance A 1002 $10,298.55

APPROVE CHANGE ORDER FOR AUDIO VISUAL EQUIPMENT BID
Resolved, that Resolution 343 of 2011, approved July 12, 2011, awarding a bid to Technisphere Corporation for the purchase and installation of audio visual equipment in the Town Board meeting room is hereby amended to reflect the substitution of equipment as described in the attached document, for an additional cost of $762, and approve change order #1 to include the purchase of an equipment rack and production console, as described in the attached document, in the amount of $5,327.00.

APPROVE EXTENSION OF CONTRACT FOR CARY VIGILANTE FOR CABLE BROADCASTING SERVICES
Resolved, that the Supervisor is authorized to sign an extension of the existing agreement with Cary Vigilante to provide cable broadcasting services on an as needed basis for up to three months, from Oct 1, 2011 thru December 31, 2011, at a cost of $500 per month, the need for said services to be authorized by the Supervisor.

AUTHORIZE THE SUPERVISOR TO SIGN LEASE AMENDMENT FOR HEAD START AT THE YCCC
WHEREAS, Westchester Community Opportunity Program, Inc. (Yorktown Head Start), entered into a lease dated January 1, 2011 (the “Lease”), with the Town of Yorktown for occupancy of certain room(s) within the Yorktown Community & Cultural Center as set forth in Schedule A of the Lease, and

WHEREAS, Yorktown Head Start has requested to use additional space; and

WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91;

NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQR”) and therefore no further review is required under SEQR; and be it

FURTHER RESOLVED, that the Town Supervisor is hereby authorized to sign a First Amendment to the Lease, providing for the non-exclusive use of Community Room #2 (also called Room 223) at the YCCC to Head Start at the rate of $367.65/month. The Amendment shall be retroactive to September 1, 2011. All other terms of the Lease, as amended, shall remain unchanged.
FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in the Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution.
AUTHORIZE THE SUPERVISOR TO SIGN FEDERAL EXCESS PROPERTY AGREEMENT
RESOLVED, that the Town Supervisor and Chief Daniel McMahon are hereby authorized to sign a Memorandum of Agreement with the New York State Department of Defense Federal Excess Property Program, which makes excess federal law enforcement property available to local law enforcement agencies without charge. No payment is required by the Town.

CONFIRM ALL PUBLIC HEARINGS FOR OCTOBER 4, 2011 TO BE HELD AT THE JOHN C. HART MEMORIAL LIBRARY
Resolved, that the Town Board confirms all public hearings scheduled for October 4, 2011 shall be held at the John C. Hart Memorial Library as advertised in Notices of Public Hearing.

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