Town Board Meeting

FINAL TOWN BOARD AGENDA TOWN OF YORKTOWN December 7, 2010 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. PERSONNEL Appointments: • Kenneth Rundle – Water Department • Paul A. Vasillo – Water Department Retirements: • Gayle Chase • Diane Barden • Patricia Weis • Charles Moseman • M. Bradley Lewis, Jr. Volunteer Boards: Appointments 6. COURTESY OF THE FLOOR 7. ADVERTISING Bids: Highway Materials Highway Rental Equipment 8. PUBLIC HEARINGS Convene: • Proposed local law amending Chapter 115 relating to dogs Reconvene: • Proposed Local Law repealing and re-enacting Chapter 270 of the Town of Yorktown entitled “Trees” and various sections of the Code of the Town of Yorktown including Chapter 10, Chapter 165, Chapter 178 and Chapter 195 • Re-zonings and zoning code amendments associated with the Comprehensive Plan adopted on June 15, 2010. 9. RESOLUTIONS Requests from the Comptroller: • Authorize the Town Supervisor to sign a contract with Sullivan Data for IT services • Authorize the transfer of budget funds for Yorktown Sewer District • Authorize the Town Supervisor to sign insurance Agreements for 2011 Request from the Engineering Dept. • Release of Landscape Bond # 2346 • Bond and Fee Acceptance – Excavation Permit #E-049-10 Requests from the Highway Superintendent Release of Escrow Deposit: • Driveway Permit #1121 $ 350.00 • Street Opening Permit #004-10 $ 1,000.00 Requests from the Legal Department: • Authorize the Supervisor to sign an agreement with Land Communications for the installation of a Telephone System at the Justice Court Requests from the Supervisor’s Office • Reappoint Daniel Lefkowitz and Anthony Forcelli to Utilities Oversight Committee • Approve 8 employees requests to carry-over vacation Time • Authorize the Town Supervisor to retain the law firm Wormser, Kiely, Galef & Jacobs, LLP to represent The Town in the matter of Robert Manocherian, et al v. Zoning Board of Appeals, Town of Yorktown in accordance With the terms of the retainer agreement plus disbursements • Authorize the Town Supervisor to retain the law firm Wormser, Kiely, Galef & Jacobs, LLP to represent The Town in the matter of 3J1K Properties, LLC, et al v. Zoning Board of Appeals, Town of Yorktown in accordance With the terms of the retainer agreement plus disbursements Requests from the Supervisor’s Office • Authorize the Town Supervisor to retain the law firm Voute, Lohrfink, Magro & Collins, LLP to represent The Town in the matter of Joseph M. Adrian for work not reimbursed by Arrowood Indemnity Company commencing September 13, 2010. • Authorize the Town Supervisor to compensate Roman & Associates $125 for the court appearance of Bryan Roman, Esq. on behalf of the Town of Yorktown in the matter of Gloria Rosenberg v. IndyMac et al. • Authorize the Town Supervisor to sign a 207C agreement for a specific police officer • Authorize the Town Supervisor to sign a 207C agreement for a specific police officer • Authorize the Town Supervisor to sign an amended contract With Westchester County extending our commitment to provide $226,063 towards the purchase of the development rights over Hemlock Hills Farm through July 31, 2011. • Authorize the Supervisor to sign a one year renewal contract with JFJ Fuel Inc./Valley Oil for annual maintenance and service on Town furnaces and boilers • Wipe out liens on parcel number 20-03-31 totaling $47,962.88 10. REFERRAL • Fusco – Request for a driveway grade variance for property Located 3477 Stony Street 11. MONTHLY REPORTS • Receiver of Taxes (3) • Building Department – Estimated Cost of Construction Report 12. COURTESY OF THE FLOOR 13. ADJOURN ALICE E. ROKER TOWN CLERK TOWN OF YORKTOWN DATED: December 7, 2010 The Town Board respectfully requests that you keep your remarks during Courtesy of the Floor as brief as possible; no more than three minutes. December 7, 2010 Town Board Meeting Resolutions to be approved: 5. PERSONNEL Appointments: KENNETH RUNDLE – WATER DEPARTMENT BE IT RESOLVED, that Kenneth P. Rundle is hereby appointed Assistant Water Work Superintendent Grade I, job class code 0618-01, from Eligible List No. 67-517, in the Water Department, effective January 1, 2011 to be paid from Yorktown CSEA Salary Schedule A, Group 16, Step 4 which is $72,887.00 annually; BE IT RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks, commencing on the first date of appointment on January 1, 2011. PAUL A. VASILLO – WATER DEPARTMENT BE IT RESOLVED, that Paul A.Vasillo is hereby appointed Water Maintenance Foreperson, job class code 0610-01, from Eligible List No. 75-619, in the Water Department, effective December 8, 2010 to be paid from Yorktown CSEA Salary Schedule A, Group 14, Step 4 which is $65,968.00 annually; BE IT RESOLVED, that this appointment is subject to a probationary period of not less than 12 nor more than 52 weeks, commencing on the first date of appointment on December 8, 2010. 7. ADVERTISE BIDS: HIGHWAY MATERIALS NOTICE IS HERE GIVEN that sealed proposals will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 A.M. on December 21st, 2010 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for Stone, Gravel and Concrete Material Bid. Specifications may be obtained at the office of the Town Clerk in 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 the place specified above. All bids are to be returned to the Town Clerk, 363 Underhill Avenue, Yorktown Heights, NY 10598, marked: “Bid: Stone, Gravel and Concrete Material Bid. The Superintendent of Highways reserves the right to reject any and all bids and to accept that bid which is deemed most favorable to the interests of the Town of Yorktown. HIGHWAT RENTAL EQUIPMENT NOTICE IS HERE GIVEN that sealed proposals will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 A.M. on December 21st, 2010 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for Highway Equipment Bid. Specifications may be obtained at the office of the Town Clerk in 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 the place specified above. All bids are to be returned to the Town Clerk, 363 Underhill Avenue, Yorktown Heights, NY 10598, marked: “Bid: Highway Equipment Bid. The Superintendent of Highways reserves the right to reject any and all bids and to accept that bid which is deemed most favorable to the interests of the Town of Yorktown. 8. PUBLIC HEARINGS CONVENE PUBLIC HEARING PROPOSED LOCAL LAW AMENDING CHAPTER 115 ENTITLED ANIMALS Supervisor Siegel convened a public hearing to amend Chapter 115 of the Code of the Town of Yorktown entitled “ANIMALS,” to establish a municipal dog licensing program and to amend fees related to the impoundment of dogs. RECONVENE PUBLIC HEARING PROPOSED LOCAL LAW REPEALING AND RE-ENACTING CHAPTER 270 ENTITLED “TREES” Supervisor Siegel reconvened a public hearing to repeal and reenact chapter 270 of the Code of the Town of Yorktown entitled “TREES,” relating to establishing a program for the preservation, protection and maintenance of the individual trees and the Yorktown Forest, Amend Chapter 10, Article VIII Section 10-26. Amend Chapter 165, Section 165-7. Amend Chapter 178, Section 178-9. Amend Chapter 195- Section 195-15, Section 195-25, Section 195-26, Section 195.40. RECONVENE PUBLIC HEARING RE-ZONINGS AND ZONING CODE AMENDMENTS ASSOCIATED WITH THE WITH COMPREHENSIVE PLAN ADOPTED ON JUNE 15, 2010 9. RESOLUTIONS Requests from the Comptroller: AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH SULLIVAN DATA FOR IT SERVICES RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Sullivan Data Management Inc. for management, maintenance, troubleshooting and repair of the existing network infrastructure for all Town departments. The contract extends the existing contract for network support for the Town Court. The contract amount is $42,950.00 and the term is for one year, from September 1, 2010 through August 31, 2011. AUTHORIZE THE TRANSFER OF BUDGET FUNDS FOR YORKTOWN SEWER DISTRICT Whereas, on July 20, 2010 the Town Board authorized Stearns & Wheeler to perform a Phosphorus Removal Optimization Study and CMOM (Capacity Management and Operations Maintenance) for the total amount of $202,400, funded from the Yorktown Sewer District, and Whereas, the total amount shall be funded from the Yorktown Sewer District fund balance, now, Therefore, be it resolved, a 2010 budget transfer shall be approved increasing line YS 8130.479, Special Projects and YS 1002, Appropriated Fund Balance in the amount of $202,400. AUTHORIZE THE TOWN SUPERVISOR TO SIGN INSURANCE AGREEMENTS FOR 2011 Whereas, the Town Board hereby authorizes the Supervisor to contract with Fairfield County Insurance Services for insurance coverage for the year effective 12/31/10-12/30/11 in accordance with the attached listing. Requests from the Engineering Department: RELEASE LANDSCAPE BOND #2346 WHEREAS, Bert Lane, as applicant, heretofore filed Landscape Bond #2346, in the amount of $300.00, for Lot #27, on Old Jefferson Valley Road, which were deposited into the T-30 Account on April 15, 2010, and WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected said property and determined that the work has been satisfactorily completed, and that said bond totaling $300.00 may be released, NOW, THEREFORE, BE IT RESOLVED, that Landscape Bond #2346, in the amount of $300.00 be and is hereby released to Mr. Bert Lane, P.O. Box 107, Granite Springs, NY 10527. ACCEPT FEE AND BOND – DAVID MARRICCO - EXCAVATION PERMIT #E-049-10 WHEREAS, David Marricco, as applicant and developer, provided the Town with Check #1-1288/260, in the amount of $1,500.00, to serve as the Erosion Control Bond for Excavation Permit #E-049-10, for the Marricco Minor Subdivision, located on Indian Hill Road, and WHEREAS, David Marricco, as applicant and developer, provided the Town with Check #1-1288/260, in the amount of $1,000.00, to serve as the required Inspection Fee for Excavation Permit #E-049-10, for the above referenced subdivision, 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 subdivision. Requests from the Highway Superintendent: RELEASE ESCROW DEPOSIT ACCOUNT #1121 WHEREAS, a representative of the Highway Department has made an inspection of the following sites and found the work to be completed satisfactorily. NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes the release of the following Escrow Deposits: Type of Permit Permit # Amount Location Refund to Driveway 1121 $350.00 Alden Rd Maria & Antonio Moreira 311 Union Ave. New Rochelle, NY 10801 RELEASE ESCROW DEPOSIT ACCOUNT #004-10 WHEREAS, a representative of the Highway Department has made an inspection of the following sites and found the work to be completed satisfactorily. NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes the release of the following Escrow Deposits: Type of Permit Permit # Amount Location Refund to Street Opening 004-10 $1,000.00 Alden Rd Maria & Antonio Moreira 311 Union Ave. New Rochelle, NY 10801 Requests from the Legal Department: AUTHORIZE SUPERVISOR TO SIGN AN AGREEMENT WITH LAND COMMUNICATIONS, INC. FOR INSTALLATION OF A TOSHIBA STRATA CIX DIGITAL KEY TELEPHONE SYSTEM RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Land Communications, Inc. for installation of a Toshiba Strata CIX Digital Key Telephone System at the Yorktown Justice Court and annual maintenance of such system. The contract amount is a one-time payment of $5,715.00 for installation and $550 per year for annual maintenance for the four years commencing November 1, 2011; to be funded with grant funds obtained from the Justice Court Assistance Program (JCAP). Requests from the Supervisor’s office: REAPPOINT – UTILITIES OVERSIGHT COMMITTEE WHEREAS, on October 26th, 2010, the Town Board reappointed members of the Utilities Oversight Committee to new terms of staggered duration, WHEREAS, Daniel Lefkowitz was reappointed to a three-year term, and Anthony Forcelli was reappointed to a two-year term, and both have requested an exchange of term limits, RESOLVED, the Town Board hereby reassigns Daniel Lefkowitz to a two-year term to expire on 10/31/2012, and Anthony Forcelli to a three-year term to expire on 10/31/2013. APPROVE REQUESTS TO CARRYOVER VACATION TIME WHEREAS, the following employees have requested and received permission from their applicable department heads to carry 2010 accrued vacation time for use in 2011, and WHEREAS, the comptroller has confirmed the available balances, now THEREFORE BE IT RESOLVED, the following employees may carry the time balances next to their name: Patricia Caporale 35 hours Kathie Nicholson 42 hours Joe Hughes 40 hours Kim Penner 51 hours Barbara Korsak 54 hours Janet Protano 70 hours Nancy Milanese 28 hours Joe Venitucci 49 hours AUTHORIZE THE SUPERVISOR TO RETAIN THE LAW FIRM OF WORMSER, KIELY, GALEF & JACOBS, LLP TO REPRESENT THE TOWN IN THE MATTER OF ROBERT MANOCHERIAN, ET AL V. ZONING BOARD OF APPEALS RESOLVED, that the Town board authorizes the Town Supervisor to retain the law firm Wormser, Kiely, Galef & Jacobs, LLP to represent the Town in the matter of Robert Manocherian, et al. v. Zoning Board of Appeals, Town of Yorktown (Sup. Ct. Westchester County Index No. 29332/10), in accordance with the terms of the retainer agreement with Wormser Kiely dated March 15, 2010, plus disbursements. AUTHORIZE THE SUPERVISOR TO RETAIN THE LAW FIRM OF WORMSER, KIELY, GALEF & JACOBS, LLP TO REPRESENT THE TOWN IN THE MATTER OF 3JIK PROPERTIES, LLC, ET AL. V. TOWN OF YORKTOWN, ET AL. (SUP. CT. PUTNAM COUNTY INDEX NO. 3551/2010) RESOLVED, that the Town Board authorizes the Town Supervisor to retain the law firm Wormser, Kiely, Galef & Jacobs, LLP to represent the Town in the matter of 3J1K Properties, LLC, et al. v. Town of Yorktown, et al. (Sup. Ct. Putnam County Index No. 3551/2010), in accordance with the terms of the retainer agreement with Wormser Kiely dated March 15, 2010, plus disbursements. AUTHORIZE THE SUPERVISOR TO RETAIN THE LAW FIRM OF VOUTE, LOHRFINK, MAGRO & COLLINS, LLP TO REPRESENT THE TOWN IN THE MATTER OF JOSEPH M. ADRIAN, ET AL. V. TOWN OF YORKTOWN RESOLVED, that the Town board authorizes the Town Supervisor to retain the law firm Voute, Lohrfink, Magro & Collins, LLP, to represent the Town in the matter of Joseph M. Adrian, et al v. Town of Yorktown (Sup. Ct. Westchester County Index No. 21378/2006), for work not reimbursed by Arrowood Indemnity Company commencing September 13, 2010, in accordance with the terms of the retainer letter of Ralph Schoene, Esq. dated December 1, 2010. AUTHORIZE THE SUPERVISOR TO COMPENSATE ROMAN & ASSOCIATES $125.00 FOR THE COURT APPEARANCE OF BRYAN ROMAN, ESQ. ON BEHALF OF THE TOWN OF YORKTOWN IN THE MATTER OF GLORIA ROSENBERG V. INDY MAC ET AL RESOLVED, that the Town board authorizes the Town Supervisor to compensate Roman & Associates $125.00 for the court appearance of Bryant Roman, Esq. on November 10, 2010 in Kings County Supreme Court made on behalf of the Town in the matter of Gloria Rosenberg v. IndyMac et al. (Sup. Ct. Kings County Index No. 17529/2010). AUTHORIZE SUPERVISOR TO SIGN AN AMENDED CONTRACT WITH WESTCHESTER COUNTY EXTENDING OUR COMMITMENT TO PROVIDE $226,063 TOWARDS THE PURCHASE OF THE DEVELOPMENT RIGHTS OVER HEMLOCK HILLS FARM THROUGH JULY 31, 2011 Resolved, that the Supervisor is authorized to sign an amended contract with Westchester County extending the Town's commitment to provide $226,063.00 towards the purchase of the development rights over Hemlock Hill Farm from July 31, 2010 to July 31, 2011. AUTHORIZE SUPERVISOR TO SIGN A ONE YEAR RENEWAL CONTRACT WITH JFJ FUEL INC./VALLEY OIL FOR ANNUAL MAINTENANCE AND SERVICE ON TOWN FURNACES AND BOILERS RESOLVED, that the Annual Maintenance and Emergency On-Call Service for Town Boilers and Furnaces for the Town of Yorktown be hereby extended for one year per the terms of the bid agreement to JFJ Fuel Oil/Valley Oil Company, 705 Nepperhan Avenue, Yonkers, New York 10703. The date of the extension will be from January 1, 2011 through December 31, 2011. WIPE OUT LIENS ON PARCEL NUMBER 20-03-31 TOTALING $47,962.88 Whereas, the Town of Yorktown wishes to remove a lien from 2004 on former parcel 20.03-31-No Lot which was not deleted from the tax roll when the parcel was subdivided in 2004 into lots 1-5, and Whereas, the appropriate taxes were paid on the five newly created parcels, Now therefore be it resolved, that the $47,962.88 lien on former parcel 20.03-31-No Lot is hereby removed. 10. REFERRAL FUSCO – REQUEST FOR A DRIVEWAY GRADE VARIANCE FOR PROPERTY LOCATED AT 3477 STONY STREET RESOLVED, that application from Fusco for a Driveway Grade Variance be and is hereby referred to Emergency Services, Planning Department, Planning Board, Conservation Board and Town Engineer for review and recommendation.