Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
August 7, 2012

PLACE:                     TIME:
DOWNING PARK       5:00pm

1. EXECUTIVE SESSION - The Town Board will conduct interviews
the position of Town Comptroller

2. PLEDGE OF ALLEGIANCE

3. MOMENT OF SILENCE

4 WELCOME – Thomas Travis,
Trustee, Yorktown Historical Society

5. REPORT FROM SUPERVISOR MICHAEL GRACE

6. REPORTS FROM TOWN COUNCIL

7. RESOLUTIONS FROM THE MEETING OF 7/17/2012

8. COURTESY OF THE FLOOR

9. PUBLIC HEARINGS
Convene:
• Proposed local law amending Chapter 280 relating to backflow fees
• Proposed local law amending Chapter 275-4E entitled “Vehicles and
Traffic,” add parking restrictions on Stony Manor Court (whole
cul-de-sac)
• Proposed local law amending Chapter 275-4A entitled “Vehicles and
Traffic,” to limit parking on Stony Manor Court (partial cul de sac)

10. ADVERTISING
• Proposed local law amending Chapter 300 to allow recycling as a permitted
manufacturing use in the I-I Planned Light Industrial District

11. RESOLUTIONS
Request from the Assessor:
• Authorize the Supervisor to sign a IMA with the Town of Greenburgh
to share tax assessment review functions to avoid conflicts of interest

Request from Comptroller:
• Approve budget transfers for the Water Department

Request from Highway Department:
• Extend the pavement marking contract August 1, 2012 to July 31, 2013.
This is the second extension of a contract signed with three one year
renewals

Requests from the Director of the Nutrition Center
• Authorize the Supervisor to sign agreements for Title 111-C1 and
111-C2 for the year 1/1/12 t0 12/31/12 – Nutrition Services Incentive
Program
• Authorize the Supervisor to sign agreements for (SNAP) Supplemental
Nutrition Assistance Program for the year 4/1/12 to 3/31/13

Requests from the Parks and Recreation Superintendent:
• Standardize the purchase of baseball field conditioner machines.

Requests from the Town Attorney:
• Authorize the Town Supervisor to execute a contract with Mechanical
Coordinators of NY for a plumbing repair to the sprinkler system at
The John C. Hart Library
• Approve the assignment of the three year agreement with USA TPA for third
party administration of workers’ compensation claims to Pomco, Inc.
• Refer – Request from Drew Bostinto to convey property to the Town of
Yorktown

12. VOLUNTEER BOARDS
Appointments:
David Tetro – ABACA
Peter Alduino – Conservation Board

13. REFUNDS
Duplicate Taxes
Account # 1226000 - $ 3,623.86
Account #4263000 $ 4,351.14
Account #2264500 $ 4,541.08
Account #101080 $ 6,006.75

14. MONTHLY REPORTS
Receiver of Taxes
Building Department

15. COURTESY OF THE FLOOR

16. VOTE TO GO INTO EXECUTIVE SESSION – RETURN TO TOWN
HALL

17. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: August 7, 2012

August 7, 2012 Town Board Meeting
Resolutions to be approved:

7. RESOLUTIONS FROM THE MEETING OF 7/17/2012
Resolved, that the Town Board Meeting Resolutions for July 17, 2012 are approved by the Town Board.

10. ADVERTISE PUBLIC HEARING PROPOSED LOCAL LAW AMENDING CHAPTER 300 TO ALLOW RECYCLING AS A PERMITTED MANUFACTURING USE IN THE I-1 PLANNED LIGHT INDUSTRIAL DISTRICT
NOTICE IS HEREBY GIVEN, that a public hearing will be convened by the Town Board, Town of Yorktown, Westchester County, New York to consider a proposed local law 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 recycling as a permitted manufacturing use in the I-1 Planned Light Industrial 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.

11. RESOLUTIONS
AUTHORIZE THE SUPERVISOR TO SIGN A IMA WITH THE TOWN OF
GREENBURGH TO SHARE TAX ASSESSMENT REVIEW FUNCTIONS TO AVOID CONFLICTS OF INTEREST
WHEREAS, occasionally an applicant for a tax assessment review has a close relationship with the Town (for example, when an applicant is an elected or appointed official of the Town, an employee of the Town, or a family member of such official or employee), and, additionally, the Town, as an owner of certain parcels of real property, occasionally applies for tax assessment review as to its own parcels; and

WHEREAS, the Town Board, the Assessor and the Board of Assessment Review wish to avoid conflicts of interest or the appearance of conflicts of interest in the Town’s handling and determining of tax assessment reviews; and

WHEREAS, in some cases, recusal of one or more members of the Board of Assessment Review would be insufficient to resolve the conflict or appearance of conflict; and

WHEREAS, in order to create a procedure for handling such cases, it is in the interest of the Town to enter into an intermunicipal agreement with another town to provide for the mutual transfer of cases filed with the Town to the other’s Board of Assessment Review for determination; and

WHEREAS, the Town of Greenburgh has indicated its willingness to enter into such an agreement for shared services; and

WHEREAS, pursuant to General Municipal Law section 119-o, municipal corporations have “the power to enter into, amend, cancel and terminate agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis,”

NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to execute an intermunicipal agreement with the Town of Greenburgh for the mutual performance of tax assessment review services on an as-needed basis, at no cost to either municipality.

APPROVE BUDGET TRANSFERS FOR THE WATER DEPARTMENT
Be It Resolved, the following 2012 budget transfer is hereby approved:

Decrease: SW 8340.110 Part time & Seasonal ($20,000)
Increase: SW 8340.403 Materials & Supplies +18,000
Increase: SW 8340.478 Service Lines +2,000

EXTEND THE PAVEMENT MARKING CONTRACT AUGUST 1, 2012 TO JULY 31, 2013. THIS IS THE SECOND EXTENSION OF A CONTRACT SIGNED WITH THREE ONE YEAR RENEWALS
WHEREAS, invitation to bid for Pavement Markings for the Town of Yorktown was duly advertised, and

WHEREAS, said bids were received and opened on July 16, 2010.

RESOLVED, that upon the recommendation of the Highway Superintendent Eric DiBartolo, the bid for the Pavement Markings is hereby extended for one year, per the terms of the Bid, to Safety Markings, Inc.

BE IT FURTHER RESOLVED, the dates of the extension will be August 1, 2012 through July 31, 2013.

AUTHORIZE THE SUPERVISOR TO SIGN AGREEMENTS FOR TITLE 111-C1 AND 111-C2 FOR THE YEAR 1/1/12 T0 12/31/12 – NUTRITION SERVICES INCENTIVE PROGRAM
RESOLVED, that the Town Supervisor is authorized to sign agreements with Westchester County for Senior Services and Programs, Title III-C1 and III-C2 programs for the year January 1, 2012 through December 31, 2012. The total amount of funding for both the contracts is $66,873.00 with an estimated amount of $37,142. awarded through the Nutrition Services Incentive program (NSIP)

AUTHORIZE THE SUPERVISOR TO SIGN AGREEMENTS FOR (SNAP) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM FOR THE YEAR 4/1/12 TO 3/31/13
RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Westchester County for Supplemental Nutrition Assistance Program (SNAP), for the year April 1, 2012 through March 31, 2013. The amount of this grant is $7,187 with up to $1,650 from (NSIP) Nutrition Services Incentive Program.

STANDARDIZE BASEBALL FIELD CONDITIONER MACHINES, AND TO AUTHORIZE ADVERTISEMENT TO BID SMITHCO BRAND MACHINES
WHEREAS, the Town owns two (2) Smithco baseball field conditioner machines; and

WHEREAS, from time to time the Town needs to buy or replace parts for our baseball field conditioner machines; and

WHEREAS, the Smithco baseball field conditioner machines owned by the Town have interchangeable components, and the Park and Recreation Department’s mechanic has many years of expertise in maintaining and repairing the Town’s existing Smithco machines; and

WHEREAS, the Town is satisfied with the past performance of Smithco brand baseball field conditioner machines; and

WHEREAS, pursuant to General Municipal Law section 103, opinions of the State Comptroller, and the Town’s Procurement Policy, the Town Board is authorized to pass a resolution to standardize the purchase of equipment when the Town Board finds it is in the Town’s best interest to specify a particular make and/or model of goods when bidding the goods;

NOW THEREFORE, BE IT RESOLVED, for the reasons set forth above, the Town Board finds that it is in the best interest of the Town to standardize its purchases of baseball field conditioner machines and seek bids for Smithco baseball field conditioner machines when such machines are needed by the Parks and Recreation Department.

AUTHORIZE THE TOWN SUPERVISOR TO EXECUTE A CONTRACT WITH MECHANICAL COORDINATORS OF NY FOR A PLUMBING REPAIR TO THE SPRINKLER SYSTEM AT THE JOHN C. HART LIBRARY
RESOLVED, the Town Board hereby authorizes the Town Supervisor to execute a contract with Mechanical Coordinators of New York, P.O. Box 400, Carmel, NY 10512 (under Westchester Restricted Plumbing License # 626 issued to Robert Fossati) in the amount of $2,105.00 for a plumbing repair to the sprinkler system at the John C. Hart Memorial Library.

APPROVE THE ASSIGNMENT OF THE THREE YEAR AGREEMENT WITH USA TPA FOR THIRD PARTY ADMINISTRATION OF WORKERS’ COMPENSATION CLAIMS TO POMCO, INC.
WHEREAS, following a competitive procurement process, the Town authorized the Supervisor to sign a three-year agreement with USA TPA for third party administration of workers’ compensation claims; and

WHEREAS, the Town has been informed that USA TPA is having difficulties that will impede its ability to fulfill its responsibilities under the agreement with the Town, and that USA TPA wishes to assign its rights and responsibilities under the agreement to Pomco, Inc., and

WHEREAS, Pomco was the second lowest bidder on that same contract with the Town and therefore assigning USA TPA’s contract to Pomco is in the best interest of the Town;

BE IT RESOLVED, that the Town Board consents to the assignment of the three-year contract between the Town and USA TPA, dated _____, 2012, to Pomco, Inc, 2425 James Street, Syracuse, NY 13206 and authorizes the Supervisor to sign the assignment agreement. All terms and conditions of the contract between the Town and USA TPA, including the rates charged, shall be applicable to Pomco but in all other respects shall remain unchanged .

REFERRAL FROM DREW BOSTINTO TO CONVEY PROPERTY TO THE TOWN OF YORKTOWN
Resolved, that the Town Board authorizes the Town Clerk to refer out a proposed offer to convey a parcel of property to the Town of Yorktown to the appropriate agencies for comment.

12. VOLUNTEER BOARDS
APPOINT DAVID TETRO TO THE ADVISORY BOARD OF ARCHITECTURE & COMMUNITY APPEARANCE – ABACA
BE IT RESOLVED, that David Tetro is hereby reappointed as a member of the Advisory Board of Architecture & Community Appearance for a three year term expiring on 6/30/2015.

APPOINT PETER ALDUINO TO THE CONSERVATION BOARD
BE IT RESOLVED, that Peter Alduino is hereby reappointed to the Conservation Board for a three year term expiring on 3/30/2015.

13. REFUNDS
DUPLICATE TAXES
WHEREAS, records of the Receiver of Taxes indicate that the following duplicate tax payment was made:

Year and Tax S-P-L Account # Refund Amount
2012 Town/Cty 16.10-2-73 1226000 $3,623.86
2012 Town/Cty 37.18-1-9 263000 $4,351.14
2012 Town/Cty 17.09-1-20 2264500 $4,541.08
2012 Town/Cty 16.17-2-90 101080 $6,006.75

BE IT RESOLVED, that the Supervisor is hereby authorized to refund the above noted amount.