Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
DECEMBER 18, 2012

PLACE:
TOWN HALL 7:30pm

THIS IS THE FINAL MEETING OF 2012 FOR
THE YORKTOWN TOWN BOARD

EXECUTIVE SESSION – Discussion with Town Attorney Koster regarding
CRP Sanitation vs. Town of Yorktown and Wessel/Goldberg vs. Town of Yorktown

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3 POLICE CHIEF MCMAHON – School Safety

4. REPORT FROM SUPERVISOR MICHAEL GRACE

5. REPORTS FROM TOWN BOARD MEMBERS

6. RESOLUTIONS FROM THE MEETING OF 12/04/2012

7. DISCUSSION ITEMS:
• Department Heads

8. COURTESY OF THE FLOOR

9. PUBLIC HEARINGS
• Decision
2013 Budget

• Convene:
Proposed local law amending Chapter 300-75 of the Code of the
Town of Yorktown relating to warehouses or storage in
retail shopping Centers
Proposed local law amending various sections of Chapter 300 of the Code of the Town of Yorktown concerning parking and off street loading zone requirements in Commercial Districts

10. ADVERTISING
• Set date of Organizational Meeting for 2013

11. PERSONNEL
• Termination
Sarah A Seaboldt

• Retirement
Fran Perito

12. VOLUNTARY BOARDS
• Appointments:
Richard Rubenstein – Reappointment to Board of Ethics

13. RESOLUTIONS
• Request from the Building Inspector:
Refund of Permit #2012065M

• Request from the Department of Environmental Conservation:
Officially change department name

• Request from the Engineering Department:
Add the parcel known as Section 27.18 Parcel 1 Lot 27 or 3950 Old
Crompond Road to the Peekskill Sanitary Sewer District

• Request from the Legal Department:
Authorize the Supervisor to sign a rider agreement with Wormser
Kiely Galef & Jacobs that renews the retainer agreement

• Request from the Northern Westchester Joint Water Works:
Water Account Refund for Account #42-01083238 - $452.14

• Requests from the Supervisor’s Office
Vacation Carryover
Petty Cash for Emergency Operations Center

14. COURTESY OF THE FLOOR

15. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: December 18, 2012

The First Meeting of the Yorktown Town Board will be on January 8, 2013

TOWN BOARD MEETING
RESOLUTIONS TO BE ADOPTED

7. DISCUSSION ITEMS:
Department Heads
WHEREAS, General Municipal Law § 92(1) provides that the Town Board, by local law, ordinance or resolution, may grant vacations, sick leaves and leaves of absence to its officers or employees with or without pay and adopt rules and regulations in relation thereto; and may also in like manner provide for cash payment of the monetary value of accumulated and unused vacation time or time allowances granted in lieu of overtime compensation standing to the credit of its officers and employees at the time of their separation from the service, or in case of death in service, to be paid to their beneficiaries; and
WHEREAS, the Town Board of the Town of Yorktown passed a resolution on June 1, 1993, granting employee benefits to department heads, to provide the department heads, who are not covered by a union contract, employee benefits; and
WHEREAS, the Town Board now wishes to clarify the benefits provided to department heads and other managerial and professional employees holding office titles not covered by the Town’s contract with the Civil Service Employees Association, Inc., Local 1000, A.F.S.C.M.E., AFL/CIO, Town of Yorktown Unit, Westchester County Local 860 (the “CSEA contract”), as such contract may be renewed from time to time or other union contract (referred to hereinafter as “Managerial Employees” and listed below), and wishes to provide certain additional benefits to the Managerial Employees, as permitted pursuant to General Municipal Law §92(1);
NOW THEREFORE BE IT RESOLVED as follows:
1. Town Board Resolution No. 320 dated June 1, 1993 is hereby ratified except as modified by this resolution.
a. Managerial Employees shall be entitled to and shall be granted the employee benefits listed in this section 2 and provided to employees covered by the CSEA contract as if such Managerial Employees were covered by said CSEA contract.
b. Health plan, including dental and vision
c. Retirement provisions
d. Longevity
e. Sick leave
f. Personal leave
g. Holidays
h. Floating leave
i. Bereavement leave
j. Jury duty leave
k. Family medical leave
l. Military leave
m. Compensation for accumulated sick leave upon retirement, not to exceed the amount permitted in the CSEA contract.
2. In addition to the foregoing employee benefits, Managerial Employees shall be entitled to and shall be granted vacation leave as set forth in this resolution.
3. This resolution shall not be deemed to reduce the amount of vacation leave any currently-employed Managerial Employee was granted in a prior Town Board resolution that refers to that Managerial Employee by his or her name.
4. Annual vacation leave shall be granted to Managerial Employees as follows:
a. Except as otherwise provided in § 4(b), each Managerial Employee shall be granted vacation leave as follows:
i. On the commencement of employment, or upon promotion from union to non-union Managerial Employee office title 14 days
ii. After one year of service, on the next January 1 15 days
iii. After five years of service, “ 20 days
iv. After ten years of service, “ 25 days
b. Each Managerial Employee who is an employee of the Town on January 1, 2013, and who has served the Town in any position, union or non-union, cumulatively
i. for at least one year but less than ten years on December 31, 2012, shall be granted 20 days vacation leave on January 1, 2013 for calendar year 2013, and on each succeeding January 1 thereafter until such Managerial Employee has cumulatively served the Town a total of ten years calculated from the hiring date. After such Managerial Employee has served the Town for ten years, such Managerial Employee shall be granted 25 days vacation leave on the first January 1 and each succeeding January 1 thereafter;
ii. for ten years or more on December 31, 2012, shall be granted 25 days vacation leave on January 1, 2013 for calendar year 2013, and on each succeeding January 1 thereafter.
5. A Managerial Employee may carry over up to thirty-five (35) days of unused vacation leave from year to year.
6. At the option of the Managerial Employee, he may buy back the cash equivalent of up to five (5) days of his unused vacation leave balance at any time in a calendar year by written notice to the Town Board and Town Comptroller at least two (2) weeks before the date of requested disbursement, but not later than December 15.
7. Upon separation from service, a Managerial Employee shall be paid the cash equivalent of his unused vacation leave balance as of the date of separation, not to exceed thirty-five (35) days plus the leave credited to him on January 1 of the calendar year of separation minus the vacation leave used in the calendar year of separation.
8. The rate of pay of a cash-out of unused vacation leave shall be calculated based on the Managerial Employee’s salary at the time of the request.
9. A Managerial Employee may only make a cash-out request once per calendar year.
10. A Managerial Employee may attend a community event (“community” being defined for these purposes as the Town of Yorktown or Westchester County) during regular working hours without being required to use the Managerial Employee’s accrued vacation leave, floating leave or personal leave as follows:
a. With the written approval of the Town Supervisor;
b. Limited to five such events per year;
c. The sum of hours permitted to be so used to attend such events in a single calendar year shall not exceed 35 hours; and
d. If the Supervisor denies a Managerial Employee’s request to attend a community event without using leave, the Managerial Employee may appeal the denial to the Town Board.
11. The Managerial Employees are Town employees either currently employed or hired after the date of this resolution holding the following office titles:
Director of Human Resources
Superintendent of Parks and Recreation
Assistant Superintendent of Parks and Recreation
Water Distribution Superintendent
Assessor
Receiver of Taxes
Nutrition/Senior Services Director
Director of Planning
Building Inspector
Town Engineer
Section 8 Director
Town Comptroller
Town Attorney
Assistant Town Attorney
Environmental Conservation Director
Chief Court Clerk
Deputy Court Clerk
Library Director
Deputy Town Clerk
Assistant to the Highway Supervisor
Confidential Secretary to the Supervisor
12. If an individual who is a Town employee and member of CSEA on date of this resolution is hereafter promoted to a Managerial Employee title, he shall not be required to forfeit any unused vacation leave he accumulated prior to that date in accordance with the CSEA contract. If the sum of the leave he accumulated while a CSEA member plus the leave he is credited upon his promotion exceeds 35 days, he shall be permitted to carry over to the first calendar year following his promotion up to 55 days of unused vacation leave.
13. If the Town does not have a contract with CSEA at any given time, for purposes of this resolution the applicable CSEA contract shall be the most recently expired CSEA contract.
14. This resolution shall remain in effect until amended or rescinded.
15. In the event there is a conflict between the terms of this resolution and the CSEA contract then in force, this resolution shall control.
10. ADVERTISING
RESOLVED, that the Town Board of the Town of Yorktown will meet on January 8, 2013 at 6:45 P.M., for the purpose of conducting an organizational meeting as required by law. The meeting will take place at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY. 10598.

11. PERSONNEL
Termination
Sarah A Seaboldt
BE IT RESOLVED, that Sarah A Seaboldt’s employment with the Town of Yorktown is hereby terminated effective at the close of business on Friday, December 21, 2012.

Retirements:
Fran Perito
Resolved, that the Town Board of the Town of Yorktown accepts with regret the
retirement of Fran Perito, Office Assistant in the Yorktown Police Department.

12. VOLUNTARY BOARDS
Appointments:
Richard Rubenstein – Reappointment to Board of Ethics
BE IT RESOLVED, that Richard Rubenstein is hereby reappointed as a member of the Board of Ethics for a term expiring May 5, 2015.

13. RESOLUTIONS
Request from the Building Inspector:
Refund of Permit #2012065M
RESOLVED, that a refund in the amount of $175.00 be given to Mr. John D. Gould, 2504 Broad Street, Yorktown Heights, NY 10598 representing a withdrawn building permit

Request from the Department of Environmental Conservation:
Officially change department name
WHEREAS, the name of the Environmental Conservation Department does not truly represent the services provided to the residents of Yorktown,

RESOLVED, that the Environmental Conservation Department will now be known as the Refuse and Recycling Department.

Request from the Engineering Department:
Add the parcel known as Section 27.18 Parcel 1 Lot 27 or 3950 Old
Crompond Road to the Peekskill Sanitary Sewer District and
WHEREAS, the Town of Yorktown Town Board is desirous of including the parcel of land into the existing Peekskill Sanitary Sewer District, NOW THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Yorktown does hereby request that the County of Westchester incorporate parcel 27.18-1-27 into the Peekskill Sanitary Sewer District:

Request from the Legal Department:
Authorize the Supervisor to sign a rider agreement with Wormser
Kiely Galef & Jacobs that renews the retainer agreement
RESOLVED, that the Town Board hereby authorizes the Town Supervisor to sign a rider agreement with Wormser Kiely Galef & Jacobs that renews the retainer agreement dated March 10, 2010 and approved by the Town Board on March 16, 2010, retroactively from March 17, 2011 to “X”, 2013. The Town Board hereby ratifies and approves all payments issued to Wormser Kiely Galef & Jacobs from March 17, 2011 to the date of this resolution.
Request from the Northern Westchester Joint Water Works:
Water Account Refund for Account #42-01083238 - $452.14
WHEREAS, Town Board Resolution #450 of 2012 allowed adjustment to water bills, and

WHEREAS, Water Account #42-01083238 made full payment before an adjustment occurred which resulted in an overpayment of $452.14, Now, Therefore Be It

RESOLVED, that upon recommendation of the Northern Westchester Joint Water Works, a refund for account #42-01083238 in the amount of $452.14 be issued to James DePaso, 3238 Beaver Drive, Yorktown Heights, NY 10598.

Requests from the Supervisor’s Office
Vacation Carryover
WHEREAS, the following employees have requested and received permission from their applicable department heads to carry 2012 accrued vacation time for use in 2013, and

WHEREAS, the Deputy Comptroller has confirmed the available balances, now

THEREFORE BE IT RESOLVED, the following employees may carry the time balances next to their name:

Mary DeSilva 184 hours (23 days)
Barbara Korsak 24 hours (4 days)
Donna Andrews 7 hours (1 day)
Kim Penner 208 hours (26 days)

Petty Cash for Emergency Operations Center
RESOLVED, that the Police Chief is authorized to create a petty cash fund in the amount of $2,500 for the Emergency Operations Center and is appointed as guardian of said fund.