Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
NOVEMBER 15, 2011

PLACE: TIME:
TOWN HALL 7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR SUSAN SIEGEL

4. REPORTS FROM TOWN COUNCIL

5. APPROVE RESOLUTIONS FROM – October 18, 2011 Meeting
November 1, 2011 Meeting
6. COURTESY OF THE FLOOR

7. PERSONNEL
• Resignation
Harold Girdlestone – Town Assessor

8. PUBLIC HEARINGS
Decision:
• Proposed local law creating Chapter 102 establishing a new Affordable
Housing Program
• Request from a property owner seeking relief on the basis of hardship from the Temporary Moratorium on Approvals for Buildings Accessory to Residences - Silverman - 1360 Whitehill Road

Reconvene:
• Town Board convening as Urban Renewal Agency for the purpose
of conveying property

Convene:
• Proposed local law amending Chapter 15 entitled “Building Construction Administration” with respect to exemptions from building permit requirements for certain accessory buildings, fences and retaining walls; and Chapter 300 entitled “Zoning” with respect to clearance requirements for accessory buildings and maximum size standards for accessory buildings in residential zones
• Proposed local law amending Chapter 115 entitled “Animals” Section 115-5 relating to “Barking Dogs”

9. ADVERTISING – December 6, 2011
• Croton Overlook - Request for rezoning from R1-160 to RSP-1
• Franco – Relief from the Accessory Structure Moratorium

10. REFERRAL
• Tree Tops Rehabilitation and Care Center - Request to amend Special Use Permit (expansion of the facility)

11. AWARD BIDS
• 2013 Mack Granite GU813 chassis and Leach 2Rlll Rear Loading Body
DEC Dept.
• (2) 2012 F-350 Trucks - Parks Dept
• Purchase of a Mechanically Cleaned Bar Screen for the Water Pollution Control Plant - #11-05 – Engineering Dept.
• Sodium Bisulfite 38% - Water Pollution Control Plant - #11-06
Engineering Dept.

12. RESOLUTIONS
• Requests from the Supervisor:
Approve PILOT Agreement and Supplemental Municipal Impact Fee Agreement with Marathon Development Group for the Underhill Apartments
Approve the amendment to the Inter-municipal Agreement (IMA) forming The East of Hudson Coalition
Authorize the Supervisor to sign an IMA with Westchester County
to receive a trailer with emergency shelter supplies
Authorize the Supervisor to sign a retainer letter with Best Best &
Krieger to represent the Town in a challenge to past Cablevision fees
Approve the extension of the contract with JFJ Fuel, Inc./Valley Oil for
the annual maintenance and service of heating furnaces and boilers
in the Town’s buildings at a cost of $6,195, service charges to be billed as per the contract
Approve a $10 increase in Zoning Board of Appeals application fee to cover the cost of the notification sign
Authorize Supervisor to send a letter to the NYS Office of Parks, Recreation and Historical Preservation regarding the request for a waiver of the NYS Building Code Fire Sprinkler requirement for the Winery at St. George
Rescind Resolution passed on November 10, 2011 regarding storm clean up
Authorize Supervisor to sign Inter-Municipal Agreement with Westchester County to provide Employee Assistance Services (EAP)
Authorize the Supervisor to sign the Urban and Community Forestry State Assistance Contract

• Requests to carryover vacation time
Kim Penner – request to carryover vacation time
Diana L. Quast – Request to carryover vacation time
Elena Panagi – Request to carryover vacation time
Thomas Travis – Request to carryover vacation time

• Requests from the Town Attorney:
Authorize the Supervisor to execute a Stipulation of Substitution of
Counsel approving the change of counsel in Curanovic v. Cardone, et al to Sokoloff Stern, LLP
Authorize the Supervisor to execute a Consent to Change Attorney
approving the change of counsel in Bell v. Town of Yorktown from
Morris Duffy Alonso to Tarshis, Catania, Liberth, Mahon & Milligram, PLLC
Authorize the Supervisor to sign a maintenance service agreement with
SPS VAR, LLC to provide maintenance for xSeries 346 Hardware, Eserver 15 Hardware, and IBMi Software for the contract period of
October 25, 2011 through October 24, 2012 at an annual cost $4,340.00

13. REFUNDS
• Building Dept.
Request for Building Permit Application Refund - $150.00
1143 E. Main Street

14. MONTHLY REPORTS
Receiver of Taxes
Building Inspector

15. COURTESY OF THE FLOOR

16. BUDGET DISCUSSION
• Review of Tentative Budget and decision to adopt a Preliminary Budget for public comment at the December 7, 2011 Public Hearing

17. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: November 15, 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 HEARING STATUS
Convene: December 6, 2011
• Proposed Creation of Hunterbrook Sewer District #20. The application also includes a request to include Hunterbrook Sewer District #17 in the Westchester County Sewer District
• Wetlands Permit Request - Con Edison – Selective cutting of vegetation - ROW in Teatown Lake Reservation
• Proposed local law amending Chapter 10 regarding the number of
Members constituting the Advisory Board on Architecture and
Community Appearance (ABACA)

Adjourned after Public Hearing on September 20, 2011
• Proposed local law amending Chapter 300 of the Zoning Code with respect to Article IV entitled General Regulations, “pertaining to fence heights”

Decision Pending:
• Proposed local law amending Chapter 275 -4 Parking, A-No
Parking Zone -adding an additional section of Veterans Road

BUDGET HEARING
December 7, 2011 – 7:00 PM

Town Board Meeting
November 15, 2011

9. ADVERTISING – December 6, 2011

Croton Overlook - Request for rezoning from R1-160 to RSP-1
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 6th day of December, 2011 at 7:30 o’clock P.M. or as soon thereafter as same can be heard, to consider the Petition of Croton Overlook Corporation to amend the Town of Yorktown Zoning Map, as it pertains to lands located east of the intersection of New York State Routes 134 and 100, designated on the Town Tax maps as parcels 70.11-1-16, 70.15-1-1 and 70.15-1-2 , totaling approximately 62.76 acres, and
WHEREAS, the Petition proposes to rezone the aforesaid parcels from the current R1-160 Single-Family Residential Zoning District to the RSP-1 Age-Oriented Community Zoning District to construct a 72 lot subdivision, which includes 35 buildings, containing a total of 70 residential fee simple duplex units for active adult housing, one open space lot, consisting of a protected land preservation parcel of approximately 44 acres and one lot for the development’s on-site sewer treatment facility.

A copy of said Petition is on file in the Office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular business hours.

Franco – Relief from the Accessory Structure Moratorium
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, NY 10598 on the 6th day of December, 2011 at 7:30 o'clock PM, or as soon thereafter as the same can be heard to consider the application of Betzaida Franco seeking relief from the Moratorium pursuant to Local Law #8/2011, to replace a shed that was damaged by a tree during the last snow storm. The property is located at 3436 Curry Street, Yorktown Heights, NY

10. REFERRAL
Tree Tops – Request to amend Special Use Permit (expansion of the facility)
RESOLVED, that the Town Clerk is hereby authorized to refer the application for a special use permit, site plans and preliminary design plans to the appropriate agencies for their review and/or recommendation, and
BE IT FURTHER RESOLVED, the Town Board declares its intent to act as Lead Agency.

11. AWARD BIDS

2013 Mack Granite GU813 chassis and Leach 2Rlll Rear Loading Body – Environmental Conservation Dept.
WHEREAS, invitation to bid for purchase of one (1) 2013 Mack Granite GU813 Chassis and Leach 2R111 Rear Loading Body packer truck for use in the Environmental Conservation Department was duly advertised, and

WHEREAS, said bid (s) were received on the 3rd day of November 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York 10598, and

WHEREAS, the Superintendent of Environmental Conservation has recommended that this vehicle be purchased, therefore

RESOLVED, that the bid for $194,000.00 for the purchase of one (1) Mack Granite GU813 Chassis and Leach 2R111 Rear Loading Body packer truck be accepted from Gabrielli Truck Sales LTD, 333 Conner Street, Bronx, NY 10475.

(2) 2012 F-350 Trucks - Parks Dept
WHEREAS, invitation to bid for Two (2) 2012 Ford F-350 4x4 Super Cab with 9’ Service Body with Plow for the Yorktown Parks and Recreation Department was duly advertised, and

WHEREAS, said bids were received and opened on October 28, 2011, with the bid amounts for the above-referenced project summarized as follows; NOW, THEREFORE BE IT
COMPANY 1. Chassis 2. Service Body 3. Snow Plow TOTAL
Per Unit
Vision Ford $34,236.00 $8,692.00 $4,275.00 $47,203.00
WestHerr Ford - NY $34,655.00 $7,563.00 $4,995.00 $47,213.00
Inter-State Ford Truck Sales, Inc. $34,514.00 $9,876.00 $4,932.00 $49,322.00
Patchogue 112 motors LLC $34,204.52 $9,700.00 $5,420.00 $49,324.52
Gabrielli Truck Sale, LTD. $35,548.00 $9,701.00 $5,418.00 $50,667.00
Winner Ford $34,967.00 $10,201.00 $5,918.00 $51,086.00
Rye Ford $39,484.00 $9,701.00 $5,518.00 $54,703.00
Henderson Ford $69,610.00 $17,584.00 $9,642.00 $96,836.00
Trius, Inc. no bid no bid no bid no bid

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Jennifer Fava, the bid be and is hereby awarded to Vision Ford the lowest responsible bidder for two (2) units at $47,203.00 each.

Purchase of a Mechanically Cleaned Bar Screen for the Water Pollution Control Plant
#11-05 – Engineering Dept.
Whereas, Bids were received for the Purchase of a Mechanically Cleaned Bar Screen for the Water Pollution Control Plant, Bid #11-5, and are summarized as follows:

NAME OF BIDDER AMOUNT OF BID
Duperon Corporation $98,500.00
D&J Machinery, Inc. $178,000.00

RESOLVED, that the bid for the Purchase of a Mechanically Cleaned Bar Screen, Bid #11-05, be awarded to Duperon Corporation, the low bidder, at a cost of $98,500.00.

Sodium Bisulfite 38% for the Water Pollution Control Plant - #11-06 – Engineering Dept.
Whereas, Bids were received for the purchase of Sodium Bisulfite 38% for the Water Pollution Control Plant, Bid #11-06, and are summarized as follows:
NAME OF BIDDER AMOUNT OF BID
Slack Chemical Co., Inc. $161.45 per 55 gallon drum
Tridon Chemical Co. NO BID
RESOLVED, that the bid for Sodium Bisulfite 38%, for the Water Pollution Control Plant, Bid #11-6 be awarded to Slack Chemical Company, Inc., the sole bidder, at a cost of $161.45 per 55 gallon drum.

12. RESOLUTIONS
Approve PILOT Agreement and Supplemental Impact Fee Agreement with Marathon Development Group for the Underhill Apartments

Approve the amendment to the Inter-municipal Agreement (IMA) forming The East of Hudson Coalition
WHEREAS, municipalities located in the New York City watershed east of the Hudson River (“EOH Municipalities”) have entered into an intermunicipal agreement (“IMA”) to form the EOH Coalition; and

WHEREAS Article 3 of the IMA provides at paragraph 3.1 that there shall be an executive committee consisting of three representatives from Putnam County and three representatives from Westchester County; and

WHEREAS municipalities located in Dutchess County have indicated an interest in joining the EOH Coalition by signing the IMA and have requested that one representative from Dutchess County be added to the executive committee; and

WHEREAS the EOH Coalition held a meeting of members on October 13, 2011 at the Somers Town Hall at which a quorum was present, and the members present voted unanimously to amend the IMA to add one representative from Dutchess County to the executive committee; and

WHEREAS the vote by each member’s representative is not binding on the municipality unless the municipal board approves the amendment to the IMA;

NOW THEREFORE BE IT RESOLVED, that the [Town/Village/County] of ___________ hereby approves the amendment of the IMA by the revision of paragraph 3.1 to read as follows: “There shall be an executive committee consisting of three representatives from Putnam County, three representatives from Westchester County and one representative from Dutchess County.” ; and

BE IT FURTHER RESOLVED that a new paragraph 3.1.5 is added to the IMA to read as follows: “One representative shall be elected by a majority vote of the Members from Dutchess County and shall serve for a term of two years.”

Authorize the Supervisor to sign an IMA with Westchester County to receive a trailer with emergency shelter supplies
Resolved, that the Supervisor is authorized to sign an IMA with Westchester County to receive a trailer with emergency shelter supplies at no cost to the Town.

Authorize the Supervisor to sign a retainer letter with Best Best & Krieger to represent the Town in a challenge to past Cablevision fees
Resolved that the Supervisor is authorized to sign a retainer agreement with Best Best & Krieger to represent the Town in a challenge to past Cablevision Fees with the understanding that if a settlement agreement cannot be reached through negotiations, any decision to have Best Best & Krieger proceed with litigation will require a subsequent resolution by the Town Board.

Approve the extension of the contract with JFJ Fuel, Inc./Valley Oil for the annual maintenance and service of heating furnaces and boilers
in the Town’s buildings at a cost of $6,195, service charges to be billed as per contract
RESOLVED, that the Annual Maintenance and Emergency On Call service for Town Boilers and Furnaces for the Town of Yorktown be herby extended for one year per the terms of the bid agreement to JFJ Fuel Oil/Valley Oil Company, 705 Nepperhan Ave, Yonkers, New York 10703.The date of the extension will be from January 1, 2012 through December 31, 2012.

Approve a $10 increase in Zoning Board of Appeals application fee to cover the cost of the notification sign
Resolved that the Master Fee Schedule for Land Development Application and Permit Fees is hereby amended to increase the fee for "Appeals to the ZBA" to $220.00.

Authorize Supervisor to send a letter to the NYS Office of Parks, Recreation and Historical Preservation regarding the request for a waiver of the NYS Building Code Fire Sprinkler requirement for the Winery at St. George
Resolved, that the Supervisor is authorized to send a letter to the NYS Office of Parks, Recreation and Historic Preservation stating the Town's opposition to the granting of any variance to the Winery at St. George that waives the New York State Uniform Fire Prevention and Building Code requirements for fire sprinklers in places of public assembly.

Rescind Resolution passed on November 10, 2011 regarding storm clean up
Whereas on November 10, 2011, when the Highway Superintendent was not in attendance, the Town Board voted to put the Highway Superintendent in charge of clearing storm debris from private property with details to follow the following day, November 11, 2011, when the Highway Superintendent was scheduled to attend the Town Board budget meeting, and

Whereas on November 11, 2011 the Highway Superintendent advised the Town Board that, for several reasons, he recommended against the Board giving his department the responsibility for clearing storm debris from private property, and that he further recommended that the Town not take on the responsibility for clearning storm debris from private property,

Now therefore be it resolved that the Town Board rescinds the Storm Emergency Resolution approved by the Town Board on November 10, 2011

Authorize Supervisor to sign Inter-Municipal Agreement with Westchester County to provide Employee Assistance Services (EAP)
Whereas, the Town wishes to participate in an inter-municipal agreement with the County of Westchester to provide Employee Assistance Services, commonly referred to as “EAP” (Employee Assistance Program), and

Whereas, the IMA covers the years 2010 through 2014, and

Whereas, the following fee schedule is in place for the applicable years:

2010 and 2011 $35 per employee per year
2012 $40 per employee
2013 and 2014 $45 per employee per year

Whereas, said IMA was approved by the Board of Acquisition and Contract of the County of Westchester on the 22nd day of December, 2010, now,

Therefore, Be It Resolved, the Supervisor is hereby authorized to sign the five year IMA.

Authorize the Supervisor to sign the Urban and Community Forestry State Assistance Contract
RESOLVED, that the Town Board hereby authorizes the Supervisor to sign the Urban and Community Forestry State Assistance Contract No. T304612 pursuant to which the State DEC will provide the Town with $1,000 in grant funds for Arbor Day 2011.

Requests to carryover vacation time:
Whereas, the following vacation carryovers have been requested by the applicable department heads, and

Whereas, the balances have been verified by the Comptroller, now,

Therefore, Be It Resolved, the following employees are granted permission to carry over the stated vacation balances:

Kim Penner 18 days
Diana Quast 4 days
Elena Panagi 4 days
Thomas Travis 34.5 hours

Time carried is to be used in the following calendar year.

Authorize the Supervisor to execute a Stipulation of Substitution of Counsel approving the change of counsel in Curanovic v. Cardone, et al to Sokoloff Stern, LLP
RESOLVED, that the Supervisor is authorized to execute a Stipulation of Substitution of Counsel approving the change of counsel in Curanovic v. Cardone, et al to Sokoloff Stern, LLP.

Authorize the Supervisor to execute a Consent to Change Attorney approving the change of counsel in Bell v. Town of Yorktown from Morris Duffy Alonso to Tarshis, Catania, Liberth, Mahon & Milligram, PLLC
RESOLVED, that the Supervisor is authorized to execute a Consent to Change Attorney approving the change of counsel in Bell v. Town of Yorktown from Morris Duffy Alonso to Tarshis, Catania, Liberth, Mahon & Milligram, PLLC.

Authorize the Supervisor to sign a maintenance service agreement with SPS VAR, LLC to provide maintenance for xSeries 346 Hardware, Eserver 15 Hardware, and IBMi Software for the contract period of October 25, 2011 through October 24, 2012 at an annual cost $4,340.00
WHEREAS, the Town entered into an agreement called an IBM Master Services Attachment for ServiceElite (hereinafter the “Master Services Agreement”) in 2006 with IBM (having an office at 7100 Highland Parkway, Smyrna, GA 30082), pursuant to which IBM, either directly or through entities known as IBM Business Partners (remarketers/resellers of IBM maintenance services) agreed to provide support services for IBM equipment owned by the Town and used by the Police Department, which agreement remains in effect; and

WHEREAS, in order to effectuate the Master Services Agreement, the Town is required to annually contract with an IBM Business Partner; and

WHEREAS, under this arrangement, the Town pays the IBM Business Partner to provide maintenance services performed by IBM personnel; and

WHEREAS, under this arrangement, IBM’s personnel work remotely (off-site) to perform software maintenance and on town property (onsite) to perform hardware maintenance, and at the Town’s request IBM has provided an insurance certificate naming the Town as an additional insured which is satisfactory as to coverage limits; and

WHEREAS, the previous remarketed maintenance service agreement with another IBM Business Partner expired effective October 24, 2011 and the Town wishes to enter into a new annual maintenance agreement with SPS VAR, LLC, to effectuate the Master Services Agreement, and the Town Board has determined that it is in the interest of the Town to enter into such agreement;

NOW THEREFORE BE IT RESOLVED, that the Supervisor is hereby authorized to sign a maintenance service agreement with SPS VAR, LLC, having an office at 3168 Mercer University Drive, Suite 200, Chamblee, GA 30341, to provide maintenance for xSeries 346 Hardware, Eserver i5 Hardware, and IBMi Software for the contract period of October 25, 2011 through October 24, 2012, at an annual cost of $4,340.00.

13. REFUNDS
Request for Building Permit Application Refund - $150.00 - 1143 E. Main Street
RESOLVED, that upon recommendation of the Building Inspector John Winter, the amount of $150.00 be and is hereby refunded to John Carlino, 16 Putnam Park Road, Cortlandt Manor, New York 10567 due to the determination that a Building Permit is not required at this time.