Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
March 1, 2011

PLACE:           TIME:
TOWN HALL    7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE
• In Honor of Yorktown Resident David Fahey killed in the Line of Duty

3. REPORT FROM SUPERVISOR SUSAN SIEGEL

4. REPORTS FROM TOWN COUNCIL

5. COURTESY OF THE FLOOR

6. PUBLIC HEARINGS
• Fusco Minor Subdivision – Request for a Driveway Grade
Variance

7. ADVERTISEMENT
Public Hearing: - March 15, 2011
• Approve a new Septic Inspection Local Law – required as part of the Town of Yorktown’s MS4 permit

Public Hearing – April 5, 2011
• Proposed Local Law Establishing No Parking on a portion of Greenwood Street

Bids:
• Athletic Equipment and Games – Parks and Recreation Dept.

8. AWARD BID/REQUEST FOR PROPOSAL
• Title Search – Legal Dept.
• Operation of Food and Refreshment
Yorktown Town Pools at Shrub Oak and Junior Lake

9. RESOLUTIONS
• Request from Assessor’s Department:
Approve Tax Certiorari Settlements for
Natick- BJ’s, Mt. Vernon Traprock-Verizon, Lake Osceola
Realty Corp.

• Request from Building Department:
Attend Required Training – Building Inspector William Gregory, Asst. Building Inspectors Glen Sneyd and Brad Goodman
• Request Partial Refund of Building Permit Fee – Michael Lanza
9. RESOLUTIONS (Continued)
• Request from the Engineering Department:
Declare Lead Agency – Sherman Court Bridge Culvert Replacement

• Requests from the Legal Department:
Authorize the Supervisor to sign settlement agreement with
Landmark Insurance Co. relating to the winery lawsuit

• Request from Parks and Recreation Department:
Authorize Supervisor to execute agreements for Travel and Adventure Camp Destinations for 2011 Summer Season

• Request from the Police Department:
Approve the request to send six officers to the Street Crimes
Seminar at a cost of $1,770

• Request from Section 8 Program:
Approve Karren Perez, Director of Section 8 Program to attend a training program for Happy Software at no cost to the Town

• Requests from the Town Clerk:
Approve Commercial Garbage License for:
Kleen Sweep Container Service, Inc.

• Requests from the Town Supervisor:
Approve 2011 YCCC leases for the following tenants:
Kids to Kids International
Yorktown Community Help, Inc.
Get Fit/Fit Kids Corp.
Westchester Community Opportunity Program

Authorize the Supervisor to sign an Inter-municipal Agreement
(IMA) joining the EOH Coalition to further comply with
the Town’s MS4 (Stormwater) Permit Requirements

Approve Contract for installation of carpeting and linoleum
in Room 16 at YCCC

Authorize Supervisor to sign a one year contract with Granicus, Inc. to provide webcasting services at a cost of $250.00 per webcast

• Request from the Water Department:
Authorize Supervisor to enter into renewal database and software maintenance agreements with Indra, Inc., for Water District GPS Tracking and annual database maintenance in the amount of $18,400 per year and software maintenance in the amount of $450.00 per occurrence.

10. VOLUNTARY BOARDS
Appointments:
• Michael Piccirilli – ABACA
• Marc Michaels – ACOS

Resignations:
• John Gembecki – Conservation Board
• Jay Kaplan – Conservation Board

11. MONTHLY REPORTS
Receiver of Taxes – 4 Reports

12. COURTESY OF THE FLOOR

13. EXECUTIVE SESSION
The Town Board will enter into Executive Sessions to discuss Litigation and personnel

14. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: March 1, 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.

ADVERTISED PUBLIC HEARINGS – March 15, 2011
• Rezonings – Proposed zoning changes associated with the
Comprehensive Plan

ADVERTISED BIDS
• Microfilm and Microfiche Reader/Printers
Maintenance and Repair Contract
(Due Back 3/21/11)
• Copier Machine Maintenance Contracts

ADVERTISED REQUEST FOR PROPOSALS
• Manage, Operate and Maintain the Area Formerly
Known as Shallow Creek Golf Course as a Municipal
Golf Course including facilities incidental to a Golf
Course – (Due Back 4/29/11)
• Operation of a Food Concession at the Woodlands
Legacy Ballfields

March 1, 2011 Town Board Meeting
Resolutions to be approved:

7. ADVERTISEMENT
Public Hearing for March 15, 2011
Approve a new Septic Inspection Local Law – Required as part of the Town of Yorktown’s MS4 Permit
NOTICE IS HEREBY GIVEN that a public hearing will be convened 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 March, 2011 at 7:30 PM, or as soon thereafter as the same can be heard, to consider the creation of a new Chapter of the Code of the Town of Yorktown entitled “Maintenance of Separate Sewage Disposal Systems/On-site Wastewater Systems.”

Public Hearing for April 5, 2011
Proposed Local law establishing No Parking on a portion of Greenwood Street
NOTICE IS HEREBY GIVEN that a public hearing will be convened by the Town Board, Town of Yorktown, Westchester County, New York at the John C. Hart Memorial Library, Shrub Oak, New York on the 5th day of April, 2011 at 7:30 PM, or as soon thereafter as the same can be heard, to amend Chapter 275 of the Code of the Town of Yorktown with regards to No Parking on a portion of Greenwood Street.

Bids
Athletic Equipment and Games – Parks and Recreation Department
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 AM on Monday, March 14, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for furnishing and delivering athletic and game equipment to the Yorktown Department of Parks & Recreation.

8. AWARD BID/REQUEST FOR PROPOSAL
Title Search – Legal Department
WHEREAS, invitation to bid for conducting title searches and producing title reports on parcels subject to delinquent tax liens, and

WHEREAS, two bids were received and opened on the 18th day of February, 2011.

Benchmark Title Company $175 per residential property
222 Bloomingdale Road $200 per commercial property
White Plains, New York 10605

Cobblestone Abstract $275.00 per parcel
1929 Commerce Street
Yorktown Heights, NY 10598

RESOLVED, that upon the recommendation of the Town Attorney, the bid be and is hereby awarded to Benchmark Title Company, 222 Bloomingdale Road, White Plains, New York 10605.

Operation of Food and Refreshment Yorktown Town Pools at Shrub Oak and Junior Lake
WHEREAS, invitation to bid for the Operation of Food and Refreshment Concession Yorktown Town Pools at Shrub Oak and Junior Lake as specified by the Yorktown Parks and Recreation Department was duly advertised, and

WHEREAS, said bids were received and opened on February 25, 2011, with the bid amounts for the above-referenced project summarized as follows;

Costa Foods Inc. $7,850.00
Westchester Food Service $6,400.00
O’Neill’s Concessions $5,502.00
Lakeside at Osceola, Inc. $5,500.00

WHEREAS, the Superintendent of Parks and Recreation recommends to the Town Board that the bid be awarded to Costa Foods, Inc. for the 2011 pool season

NOW, THEREFORE BE IT RESOLVED, that the bid to provide food and refreshment concession services at the Brian J Slavin Aquatic Center in Shrub Oak and the Junior Lake Pool in Yorktown Heights be awarded to Costa Foods Inc of 11 Lincoln Avenue, Rye Brook, NY 10573 for the amount of $7,850.00 for the 2011 pool season.

9. RESOLUTIONS
Approve Tax Certiorari Settlements for:
Natick-BJ’s
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 36.06, Block 2, Lot 75, located at 3315 Crompond Rd, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 36.06-2-75,
Owned by Natick Yorktown Realty Corp., for assessment roll years 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010, be settled as set forth in the proposed stipulation as follows:
AV AV
Year From To Reduction
2010 $284,800 $261,500 $23,300
2009 $284,800 $255,200 $29,600
2008 $304,500 $247,300 $57,200
2007 $304,500 $232,000 $72,500
2006 $304,500 $231,200 $73,300
2005 $304,500 $255,300 $49,200
2004 $304,500 $262,000 $42,500
2003 $304,500 $269,400 $35,100

Mt. Vernon Traprock-Verizon
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 35.08, Block 1, Lot 16, located at 3773 Crompond Rd, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 35.08-1-16, owned by Mount Vernon Trap Rock Corp., for assessment roll years 1996, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010 be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2010 $156,750 $54,800 $101,950
2009 $156,750 $53,900 $102,850
2008 $156,750 $51,500 $105,250
2007 $156,750 $47,300 $109,450
2006 $156,750 $46,200 $110,550
2005 $156,750 $51,800 $104,950
2004 $156,750 $55,400 $101,350
2003 $156,750 $54,400 $102,350
2002 $156,750 $57,000 $99,750
2001 $156,750 $72,800 $83,950
2000 $156,750 $73,300 $83,450
1996 $156,750 $75,200 $81,550

Lake Osceola Realty Corp.
WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 17.05, Block 1, Lot 11 located at 550 East Main St., on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 17.05-1-11, owned by Lake Osceola Realty, for assessment roll years 2007, 2008, 2009 be settled as set forth in the proposed stipulation as follows:

Roll AV AV
Year From To Reduction
2009 $18,850 $8,900 $9,950
2008 $18,850 $9,350 $9,500
2007 $18,850 $8,750 $10,100

Approve the attendance to required training for the Building Department
Resolved, that the Town Board approves the attendance of Building Inspector William Gregory to the Eastern States Building Officials and Hudson Valley Educational Conferences, and Asst. Building Inspectors Glen Sneyd and Brad Goodman to the Hudson Valley Educational Conference.

Request Partial Refund of Building Permit Fee – Michael Lanza
RESOLVED, that a refund in the amount of $336.00 be given to Michael Lanzo, 3178 Wharton Drive, Yorktown Heights, NY 10598 representing a partial refund of a building permit fee.

Declare Lead Agency – Sherman Court Culvert Replacement
WHEREAS, the Town of Yorktown is seeking to replace the structurally failed Sherman Court culvert; and

WHEREAS, Chas. H. Sells has competed the design and drawings for public bidding purposes, and

WHEREAS, the estimated cost of the project is approximately $550,000, and

WHEREAS, the proposed construction will require ten temporary construction easements from ten adjoining properties; and

WHEREAS, there are Town regulated wetlands and associated buffers located on the site; and

WHEREAS, a Wetland Permit application in which plans have been provided to mitigate impacts to wetland and wetland buffer areas and a Stormwater Pollution Prevention Permit application to prevent erosion and sediment from the leaving the site and preventing the introduction of pollutants to the wetlands has been prepared; and

WHEREAS, the applicant has submitted a short Environmental Assessment Form (EAF), dated February 28, 2011 and pursuant to NNYSCRR Part 617 of the State Environmental Quality Review Act, the Town Board seeks to conduct an environmental review of the project; and

WHEREAS, jurisdictional permits and approvals for this project have been obtained from the New York State Department of Environmental Protection (NYSDEC), the Army Corps of Engineers (ACOE) and the New York State Department of Transportation (NYSDOT), and

WHEREAS, the proposed action has been determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA); NOW, THEREFORE BE IT

RESOLVED, that the Town Board thereby adopts Lead Agency status and directs that the wetland permit application, plans and the short-form EAF be circulated for review and comment to remaining interested and involved agencies.

Authorize Supervisor to sign settlement agreement with landmark Insurance Co. relating to the winery lawsuit
WHEREAS, the Town Board has determined that it is in the best interests of the Town to settle the litigation pending in State Supreme Court entitled Town of Yorktown, Nicholas Bianco, Louis Campisi, Linda Cooper, Bruce Barber, John Tegeder, and William D. Gregory v. Landmark American Insurance Company, Index No. 09-05436;

NOW, THEREFORE, BE IT HEREBY

RESOLVED that the Supervisor is authorized and directed to sign a Release and Settlement Agreement in form and substance satisfactory to the Town Attorney.

Authorize Supervisor to execute agreements for Travel and Adventure Camp Destinations for 2011 Summer Season
Resolved, that the Town Board of the Town of Yorktown authorizes the Supervisor to execute agreements for the purpose of Travel and
Adventure Camp Destinations for the 2011 summer season;

Be It Further Resolved, that the total funds to be allocated for Summer Camp Trips shall not exceed $48,000.00 and are to be taken from budget code A7310.448.

Approve request to send six officers to the Street Crimes seminar at a cost of $1,770.00
BE IT RESOLVED, that the Town Board hereby authorizes 6 police officers to attend the ’Street Crimes Seminar’ sponsored by John E. Reid and Associated, Inc. on May 2-4, 2011 in New Rochelle, NY:

One Sergeant
Five Police Officers

Their attendance at this three day training will not create any overtime for the attendees nor create any overtime backfill for their absences.

Approve Karren Perez, Director of Section 8 Program to attend a training program for Happy Software at no cost to the Town
Resolved, that the Town Board approves Section 8 Program Director Karren Perez to attend Happy Software Training at no cost to the Town.

Approve Commercial Garbage License for Kleen Sweep Container Services, Inc.
RESOLVED, that Kleen Sweep Container Services, Inc. be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2011.

Approve 2011 YCCC Leases for the following tenants:
Resolved, that the Supervisor is authorized to sign YCCC Leases for the following tenants: Kids to Kids International, Yorktown Community Help,
Get Fit/Fit Kids Corp., Westchester Community Opportunity Program.

Authorize Supervisor to sign an Inter-Municipal Agreement (IMA) joining the EOH Coalition to further compliance with the Town’s MS4 (Stromwater) Permit Requirements
Resolved, that the Supervisor is authorized to sign an Intermunicipal Agreement joining the EOH Coalition which will include the following towns and villages located in the New York City Watershed east of the Hudson River: Bedford, Brewster, Carmel, Cortlandt, Kent, Lewisboro, Mt. Kisco, New Castle, North Castle, North Salem, Patterson, Pound Ridge, Putnam Valley, Somers, Southeast and Yorktown, and by the County of Putnam (“Members”).

Approve Contract for Installation of Carpeting and Linoleum in Room 16 at YCCC
Resolve, the Town Board approves the contract for the installation of carpeting and linoleum in Room 16 in the Yorktown Community and Cultural Center for $4,250.00 with the following vendor:

Robert Hill, President
Art Linoleum & Carpet Inc.
701A North Bedford Road
Bedford Hills, NY 10507

Authorize Supervisor to sign contract with Granicus, Inc. for webcasting services
Resolved, the Town Board authorizes the Supervisor to sign a one year contract with Granicus, Inc. to provide webcasting services at a cost of $250.00 per webcast.

Authorize Supervisor to enter into contract with Indra, inc. for renewal database and software maintenance agreements for Water District GPS Tracking
Resolved, that the Town Board authorizes the Supervisor to enter into renewal database and software maintenance agreements with Indra, Inc., for Water District GPS Tracking and annual database maintenance in the amount of $18,400 per year and software maintenance in the amount of $450.00 per occurrence.

10. VOLUNTARY BOARDS
Michael Piccirilli – ABACA
BE IT RESOLVED, that Michael Piccirrilli is hereby appointed as a member of the Advisory Board on Architectural and Community Appearance for a 3 year term expiring 2/28/14.

Marc Michaels – ACOS
BE IT RESOLVED, that Marc Michael is hereby appointed as a member of the Open Space Committee for a 3 year term expiring 2/28/14.