Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
MAY 15, 2012

PLACE:                TIME:
TOWN HALL         7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR MICHAEL GRACE

4. REPORTS FROM TOWN COUNCIL

5. RESOLUTIONS FROM THE MEETING OF 5/1/2012

6. PRESENTATION - Dan Lefkowitz, Member Yorktown Utilities
Oversight Committee –
Recipient of the 2012 EPA Environmental
Quality Award

- Police Officer Larry Eidelman – Citizens Emergency Response
Team
- Lorraine DeSisto – Assistant Planner
Consolidated Funding Applications (Grants)

7. COURTESY OF THE FLOOR

8. PUBLIC HEARING
Reconvene:
• 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

Convene:
• Request for an Amended Special Use Permit – Mid Valley Oil Co (BP Gasoline), 1917 Commerce Street, Yorktown Heights – Removal and Replacement of Storage Tanks and Dispensers
• Request for a Change of Zone – The Winery at St. George – Property known
On the Tax Map as Section 15.12, Parcel 2, Lot 53 from R-120 to a Transitional Zone
• Revision to Section 8 Administration Plan

9. ADVERTISING
Public Hearings:
• Proposed local law amending the Zoning Code with respect to Article V
To allow indoor recreation as a permitted main use in the I-1 Light
Industrial Area
• Proposed local law amending the Zoning Code with respect to Article VII
To remove residency requirements from the eligibility requirements for
certain affordable housing units, and to conform the requirements
herein to those in Chapter 102 Affordable Housing
• Proposed local law adding a new Chapter to the Code of the Town of
Yorktown entitled “Procurement for Goods and Services.”
• Proposed local law amending Chapter 300 – adding helistops as an accessory use In OB Districts
• Request for an Excavation Permit to remove tree stumps at Granite Knolls

Bids:
• Preventative Maintenance of Generator Systems - Bid#12-3

10. AWARD BIDS
• Bus Bid for Camp Programs
• Cummins Engine OEM Parts - Highway Department
• John Deere Construction OEM Parts - Highway Department

11. RESOLUTIONS
• Request from the Engineering Department:
Performance Bond/Fee Acceptance:
Hudson Valley Islamic Center

• Request from the Finance Department:
Approve Brian Gray’s retro-pay

• Request from the Director of the Nutrition Center:
Authorize the Supervisor to sign a contract with Westchester County
for the reimbursement of funds paid for repairs and maintenance of
vehicles used to transport seniors to the Senior Center for lunch and to
medical appointments or shopping - $2,427.00

• Request from Human Resources:
Authorize the Supervisor to sign an agreement with Northern Westchester
Internal Medicine for hepatitis titers and hepatitis shots

11. RESOLUTIONS (Continued)
• Request from the Planning Department:
Reduction of retainage for the YCCC Senior Project
Authorize the Planning Dept. to apply to NYS DOT for a grant to
purchase a bus to transport elderly individuals and individuals with
disabilities

• Request from the Town Board:
PBA Contact

12. REFUNDS
• Building Department:
Refund for application for a sign permit for Niagara Bank located
At Jefferson Valley Mall

13. MONTHLY REPORTS
• Building Department – Permit Estimated Cost of Construction – April

14. EXECUTIVE SESSION

15 COURTESY OF THE FLOOR

16. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN
DATED: May 15, 2012

OUTSTANDING BIDS
• Stainless Steel Multi Task Body Package – Due Back – 5/29/2012

May 15, 2012 Town Board Meeting
Resolutions to be approved:

5. RESOLUTIONS FROM THE MEETING OF 5/1/2012
Resolved, that the Town Board Meeting Resolutions for May 1, 2012 are approved by the Town Board.

9. PUBLIC HEARING
Reconvene:
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

Convene:
Request for an Amended Special Use Permit – Mid Valley Oil Co (BP Gasoline), 1917 Commerce Street, Yorktown Heights – Removal and Replacement of Storage Tanks and Dispensers
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, 10598 on the 15th day of May, 2012 at 7:30 PM or as soon thereafter as the same can be heard, to consider the application of Mid Valley Oil Co. (BP Gasoline) located at 1917 Commerce Street, Yorktown Heights, NY 10598.
Remove two 6,000 gallon and one 4,000 gallon steel gasoline underground storage tanks, remove one 500 gallon steel used oil UST, and remove one 500 gallon steel fuel oil UST. All associated piping and gasoline dispensers will be removed. Replace with two double wall fiberglass 8000 gallon gasoline USTs with new dispenser and one 500 gallon above ground fuel oil tank.

A copy of said application 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.

Request for a Change of Zone – The Winery at St. George – Property known On the Tax Map as Section 15.12, Parcel 2, Lot 53 from R-120 to a Transitional Zone
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 15th day of May, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider the application of The Winery at St. George, pertaining to a request to amend the Town of Yorktown Zoning Ordinance and Zoning Map, and, for related land use as it pertains to lands located at1715 East Main Street, the Town of Yorktown, State of New York, known
and designated on the Town Tax Map as Section 15.12 Parcel 2, Lot 53 totaling approximately .75 acres. The petition is for Rezoning of the subject property from the R1-20 Zoning District into the Transitional District.

A copy of said application 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.

Revision to Section 8 Administration Plan
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 10598 on the 15th day of May, 2012 at 7:30 o’clock PM, or as soon thereafter as the same can be heard, regarding revisions to the Yorktown Housing Choice Voucher Program.

A copy of the proposal is on file in the Office of the Town Clerk as well as the Yorktown Section 8 Office where it may be inspected during regular office hours.

Any questions pertaining to this proposal, please contact the Yorktown Section 8 Office at (914) 962-5757.

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

10. ADVERTISING
Public Hearings:
Proposed local law amending the Zoning Code with respect to Article V
To allow indoor recreation as a permitted main use in the I-1 Light
Industrial Area
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 the 5th day of June, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to amend Chapter 300 of the Code of the Town of Yorktown entitled “ZONING,” with respect to Article V entitled “Schedule of Regulations” to allow indoor recreation as a permitted main use in the I-1 Light Industrial Park District.

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 will be heard at the public hearing to be held as aforesaid.

Proposed local law amending the Zoning Code with respect to Article VII
To remove residency requirements from the eligibility requirements for certain affordable housing units, and to conform the requirements herein to those in Chapter 102 Affordable Housing
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 the 5th day of June, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to remove residency preferences from the eligibility requirements for certain affordable housing units and to conform the requirements herein to those in Chapter 102 Affordable Housing.

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 will be heard at the public hearing to be held as aforesaid.

Proposed local law adding a new Chapter to the Code of the Town of Yorktown entitled “Procurement for Goods and Services.”
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 the 5th day of June, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, adding a new Chapter 68, entitled “Procurement for Goods and Services.”

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 will be heard at the public hearing to be held as aforesaid.

Proposed local law amending Chapter 300 – adding helistops as an accessory use In OB Districts
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 the 5th day of June, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider a proposed local law to amend Chapter 300 of the Code of the Town of Yorktown entitled “ZONING,” to add helistops as an accessory use in OB districts subject to certain standards.

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 will be heard at the public hearing to be held as aforesaid.

Request for an Excavation Permit to remove tree stumps at Granite Knolls

Bids:
Preventative Maintenance of Generator Systems - Bid#12-3
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 Monday, June 11, 2012, for the Preventative Maintenance Generator Systems Bid #12-3.

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.

11. AWARD BIDS
Bus Bid for Camp Programs
WHEREAS, invitation to bid for the Provision of Buses for the Summer Camp Program for the Yorktown Parks and Recreation Department was duly advertised, and

WHEREAS, said bids were received and opened on April 27, 2012, with the bid amounts for the above-referenced project summarized as follows; NOW, THEREFORE BE IT

Section I. A. (School Buses for Swimming Program)

COMPANY BID
1 Baumann & Sons Buses, Inc. $6,899.08 (1 bus) / $13,798.16 (2 buses)
2 Royal Coach Lines, Inc. $6,854.00 (1 bus) / $13,708.00 (2 buses)
3 J & R Tours No Bid
4 JTR Transportation No Bid
5 Coach Tours No Bid
6 Hudson Valley Transportation $9,660.00 (1 bus)/$19,320.00 (2 buses)

Section I. B (School Buses for Extended Day Program)

COMPANY BID
1 Baumann & Sons Buses, Inc. $1,610.00 (1 bus)
2 Royal Coach Lines, Inc. $2,070.00 (1 bus)
3 J & R Tours No Bid
4 JTR Transportation No Bid
5 Coach Tours No Bid
6 Hudson Valley Transportation $4,140.00 (1 bus)

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Brian Gray, the bid for Section I. A. (School Buses for Swimming Program) and Section I. B (School Buses for Extended Day Program) be combined and is hereby awarded to Baumann & Sons Buses, Inc. the lowest responsible bidder.

Section I. C (School Buses for Trips)

1 Baumann & Sons Buses, Inc. $9,377.83
2 Royal Coach Lines, Inc. $9,995.00
3 J & R Tours No Bid
4 JTR Transportation No Bid
5 Coach Tours No Bid
6 Hudson Valley Transportation $12,675.00

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Brian Gray, the bid for Section I. C (School Buses for Trips) be and is hereby awarded to Baumann & Sons Buses, Inc. the lowest responsible bidder.

Section II (Coach Buses for Trips)

COMPANY BID
1 Hudson Valley Transportation $14,120.00
2 J & R Tours $14,244.00
3 Coach Tours $16,617.00
4 JTR Transportation $16,105.00
5 Baumann & Sons Buses, Inc. $20,250.00
6 Royal Coach Lines, Inc. No Bid

RESOLVED, that upon recommendation of the Superintendent of Parks and Recreation, Brian Gray, the bid for Section II. (Coach Buses for Trips) be and is hereby awarded to Hudson Valley Transportation, the lowest responsible bidder.
AND BE IT FURTHER

RESOLVED, the results of sections I, is hereby awarded to Baumann & Sons Buses, Inc. and Section II, is hereby awarded to Hudson Valley Transportation and will amount to approximately: (please note – trips may change due to scheduling changes/conflicts/weather etc. Additional bids were collected for other trips and will be used if needed)

Section I.A (2 buses) and Section I.B (1 bus) to Baumann & Sons Buses, Inc. = $15,408.16
Section I.C to Baumann & Sons Buses, Inc. = $9,377.83
Section II to Hudson Valley Transportation = $14,120.00

Cummins Engine OEM Parts – Highway Department
WHEREAS, invitation to bid for the Cummins Engine OEM Parts for the Town of Yorktown was duly advertised, and

WHEREAS, said bids were received and opened on May 14, 2012, with the bid amounts for the above-referenced project summarized are as follows:

Arkel Motors – 10% discount from list price
Cummins Power Systems LLC – 22% discount from list price

RESOLVED, that upon the recommendation of the Highway Superintendent, Eric DiBartolo, the bid for the Cummins Engine OEM Parts be and is hereby awarded to Cummins Power Systems LLC, 41-85 Doremos Avenue, Newark, NJ 07105, as the most responsive bidder.

BE IT FURTHER RESOLVED, the contract is to begin on May 15, 2012 and terminate on May 14, 2013. The Town shall have the option to extend this contract at the same price for (3) consecutive one-year terms.

John Deere Construction OEM Parts – Highway Department
WHEREAS, invitation to bid for the John Deere Construction Equipment OEM Parts for the Town of Yorktown was duly advertised, and

WHEREAS, said bids were received and opened on May 14, 2012, with the bid amounts for the above-referenced project summarized as follows:

Jesco, Inc. – 2% discount from list price – only Bidder

RESOLVED, that upon the recommendation of the Highway Superintendent, Eric DiBartolo, the bid for the John Deere Construction Equipment OEM Parts be and is hereby awarded to Jesco Inc., 118 St. Nicholas Avenue, South .Plainfield, NJ 07080, the most responsive bidder.

BE IT FURTHER RESOLVED, the contract is to begin on May 15, 2012 and terminate on May 14, 2013. The Town shall have the option to extend this contract at the same price for (3) consecutive one-year terms.

12. RESOLUTIONS
Performance Bond/Fee Acceptance:
Hudson Valley Islamic Center
WHEREAS, Emad Al Jamal, as applicant, provided the Town with Check #1160 in the amount of $9,720.00, which was deposited into the T33 account on April 6, 2012, to serve as the Performance Bond for the Hudson Valley Islamic Center located on Lexington Avenue,

WHEREAS, Emad Al Jamal, as applicant, provided the Town with Check #1161 in the amount of $777.00, to serve as the 8% Inspection Fee for the above referenced project, NOW, THEREFORE BE IT

RESOLVED, that the above referenced monies are hereby accepted to serve as the required bonds and fee for the above referenced site plan.

Approve Brian Gray’s retro-pay
Be It Resolved, Brian Gray, in his prior appointed position of Assistant Superintendent of Parks and Recreation, shall receive the same salary increases as provided in the 2009 through 2011 CSEA contract.

Authorize Supervisor to Sign a contract with Westchester County for the reimbursement of funds paid for repairs and maintenance of vehicles used to transport seniors - $2,427.00
Authorize the Supervisor to sign a contract with Westchester County for the AAA Transportation Program year, 2011-2012 in the amount of $2,427.00.

Authorize Supervisor to sign an agreement with Northern Westchester Internal Medicine
BE IT RESOLVED, that the Town Supervisor is hereby authorized to sign an Agreement between the Town of Yorktown and Northern Westchester Internal Medicine, P.C. for Hepatitis titers and Hepatitis shot services in accordance with the fee schedule attached to the Agreement. The agreement shall be effective from May 21, 2012 to May 20, 2013.

Reduction of retainage for the YCCC Senior Project
WHEREAS, Peter A. Camilli & Sons Inc. Contractors-Builders, completed renovations to the Yorktown Community and Cultural Center at a cost of $484,605.00; and

WHEREAS, the Town of Yorktown has withheld $48, 460.50 as retainage; and

WHEREAS, the retainage percentage be reduced from 10% to 5%; and BE IT FURTHER

RESOLVED, that the amount of $24,230.25 is hereby released to Peter A. Camilli & Sons Inc. Contractors-Builders, 210 Marble Ave., Pleasantville, NY 10570.

Authorize the Planning Dept. to apply to NYS DOT for a grant to
purchase a bus to transport elderly individuals and individuals with
disabilities
WHEREAS, the Town of Yorktown Town Board authorizes the Planning Department to apply to New York State Department of Transportation FTA SECTION 5310 Program
for purchases by non-profit organizations and certain public bodies that transport elderly individuals and individuals with disabilities; and

WHEREAS, the Town of Yorktown Town Board will commit a matching share of 20% including donations, supplies and/or materials, and volunteer labor as needed to meet the requirements of the grant; be it

RESOLVED, that the Town of Yorktown Town Board authorizes the Planning Department to apply to New York State Department of Transportation FTA SECTION 5310 Program for bus purchases to transport elderly individuals and individuals with disabilities.

PBA Contact
WHEREAS, the Town of Yorktown (“the Town”) and the Town of Yorktown Police Benevolent Association, Inc. (the “PBA”) are parties to a collective bargaining agreement that expired on December 31, 2009; and

WHEREAS, the negotiating committees for the Town and the PBA have agreed upon the terms of a Memorandum of Agreement, dated April 26, 2012, which sets forth the terms of a successor agreement for the period from January 1, 2010 through December 31, 2014; and

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

WHEREAS, the PBA 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 PBA dated April 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, 2010 through December 31, 2014 that is consistent with the terms of the Memorandum of Agreement.

13. REFUNDS
Refund for application for a sign permit for Niagara Bank located
At Jefferson Valley Mall
RESOLVED, that a refund in the amount of $184.00 be given to Sign Lite Inc., 6 Corporate Drive, North Haven, CT 06473 representing a withdrawn Sign permit fee for Niagara Bank, located at Jefferson Valley Mall known on the Yorktown tax map as . Section 16.12, Block 1, Lot 24.