Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
JANUARY 17, 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 1/3/2012

6. COURTESY OF THE FLOOR

7. ADVERTISING
Public Hearings – February 7, 2012
Proposed Local Law Amending Chapter 275 -17, entitled Vehicles and Traffic to set speed limit on Underhill Avenue at 40 mph between Route 118 and Taconic State Parkway

Rebid Town Publications and Printing Projects 2012

8. RESOLUTIONS
Requests from the Engineering Department:
Wetland Bond & Fee Release –
#WP-065-11
Erosion Control Bond Release
#008-09
Performance Bond Reduction
Cranberry Hill Subdivision

Request from Library Director:
Authorize Library Director Patricia Barresi to attend Conference

Requests from the Planning Department:
Partial Renovation of the YCCC – Change Orders

Request from Superintendent Parks & Recreation:
Authorize three employees to attend Pool and Spa Conference

Requests from the Town Attorney:
Authorize the Supervisor to sign lease amendment for Manetoo Dance Ensemble d/b/a/ Westchester Ballet Center at the YCCC
Authorize the Supervisor to sign lease amendment for Westchester Community Opportunity Program, Inc. (Yorktown Head Start) at the YCCC

Requests from the Town Clerk:
Approve Commercial Garbage Licenses for the following companies:
AAA Carting & Rubbish Removal d/b/a A&N Carting
Bria Carting
R & S Waste Services, LLC
Better Carting Service, Inc.
Sani-Pro Disposal Services
ATNM Corp.

9. VOLUNTARY BOARD APPOINTMENTS
Recreation Commission –
Reappoint Patricia Caporale

10. MONTHLY REPORTS
Building Department:
Estimated Cost of Construction Reports
December, 2011
January – December, 2011

Receiver of Taxes:
School Taxes paid 12/1/11- 12/31/11
Town and County Taxes paid 12/1/11- 12/31/11
Water charges paid 12/1/11- 12/31/11

11. COURTESY OF THE FLOOR

12. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: January 17, 2012

January 17, 2012 Town Board Meeting
Resolutions to be approved:

7. ADVERTISING
Public Hearings – February 7, 2012
Proposed Local Law Amending Chapter 275 -17, entitled Vehicles and Traffic to set speed limit on Underhill Avenue at 40 mph between Route 118 and Taconic State Parkway
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 7th day of February, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard for the purpose of amending Chapter 275 of the Code of the Town of Yorktown entitled “VEHICHLES AND TRAFFIC,” to set the speed limit on Underhill Avenue at 40 mph between Route 118 and the Taconic Parkway.

A copy of the Local Law is on file in the Office of the Town Clerk, Town of Yorktown,
363 Underhill Avenue, Yorktown Heights, New York, where it is a public record, available for inspection during regular office hours.

A copy of the Local Law may also be seen on the Town of Yorktown’s website
www.yorktownny.org

All persons in interest and citizens will be heard at the public hearing to be held as aforesaid.

Rebid Town Publications and Printing Projects 2012
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, February 6, 2012 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for Town Publications and Printing Projects for 2012.

All bids must be accompanied by an executed non-collusion bidding certificate.

Specifications may be obtained at the office of the Town Clerk at said Town Hall,
Yorktown Heights, NY during regular office hours.

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 at the time and the place specified above.

The Town Board reserves the right to reject any or all bids and to accept that bid which it
deems most favorable to the interests of the Town of Yorktown.

8. RESOLUTIONS
Requests from the Engineering Department:
Wetland Bond & Fee Release - #WP-065-11
WHEREAS, Glassbury Court c/o Katonah Management Group, as applicant, posted Check No. 001278 in the amount of $750.00 which was deposited into the T33 account on September 30, 2011, to serve as the Wetland Bond for Wetland Permit #WP-065-11, for work performed at the Glassbury Court site, and

WHEREAS, Glassbury Court c/o Katonah Management Group, as applicant, posted Check No. 001279 in the amount of $500.00 to serve as the required inspection fees for this Wetland Permit, which was deposited into the T76 account on September 30, 2011, NOW, THEREFORE BE IT

RESOLVED, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $750.00 for erosion control and the $187.50 for unused escrow may be released, AND, BE IT FURTHER

RESOLVED, that the above-referenced monies are hereby released to Glassbury Court c/o Katonah Management Group, P.O. Box 1019, Croton Falls, NY 10519-1019.
Erosion Control Bond Release - #008-09
WHEREAS, Vincent O’Dair, as applicant, heretofore filed a Wetland Bond in the amount of $500.00, which was deposited into the T33 Account on May 15, 2009, covering Wetland Permit #008-09, for work performed at his Lakeland Street residence, and

WHEREAS, the Town Engineer has informed this Board that a representative of her Department has inspected the property and determined that the work has been satisfactorily completed, and that the $500.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Wetland Bond in the amount of $500.00 be and is hereby released to Mr. Vincent O’Dair, 3568 Lakeland Street, Mohegan Lake, NY 10598.

Performance Bond Reduction - Cranberry Hill Subdivision
WHEREAS, Daniel Munsell, as applicant and developer, provided the Town with Check No. 2352 the amount of $244,515.00 which was deposited into the T33 account on July 5, 2005, to serve as the Performance Bond for the Cranberry Hill Subdivision, located on Mill Street, and

WHEREAS, Daniel Munsell as applicant and developer, requested a Performance Bond reduction (reduced to $41,427.50) which was approved at the Town Board meeting of February 21, 2006, and

WHEREAS, Daniel Munsel has recently requested a second Performance Bond reduction for work completed at the Cranberry Hill Subdivision site, and

WHEREAS, a member of the Town Engineering Department has informed the Acting Town Engineer that said items have been satisfactorily completed and that the $41,427.50 Performance Bond can be reduced to $14,900.00 ($41,427.50 - $14,900.00 = $26,527.50 to developer), and

WHEREAS, the Acting Town Engineer has informed this Board by memorandum dated December 14, 2011, that said Performance Bond may be reduced to $14,900.00 for the completion of outstanding Performance Bond items within the Cranberry Hill Subdivision, NOW, THEREFORE BE IT

RESOLVED, that Check No. 2352 in the amount of $26,527.50 be and is hereby released to Mr. Daniel Munsell, Cranberry Hill Inc., 20 Kramers Pond Road, Putnam Valley, NY 10579.

Request from Library Director:
Authorize Library Director Patricia Barresi to attend Conference
Whereas, the Library Director has requested to attend a three day annual conference to be held in Philadelphia PA, and

Whereas, hotel, registration and transportation are expected to total less than $1,000, and

Whereas, the 2012 budget does not have funding for conferences, however, the library has sufficient fund balance to cover this expense, now,

Therefore, Be It Resolved, Patricia Barresi, Library Director, has permission to attend the conference on town time and at the town’s expense.

Requests from the Planning Department:
Partial Renovation of the YCCC – Change Orders
WHEREAS the Town Board of the Town of Yorktown on June 21, 2011, awarded Peter A. Camilli & Sons the contract for renovation to the YCCC Senior;

WHEREAS said contract was awarded for a maximum amount of $ 474,849.00; and

WHEREAS, Peter A. Camilli & Sons has submitted change orders for additional expenses for work to satisfy Building Department requirements, request from the Nutrition Director, and address unforeseen conditions:

1) 10/18/2011 #1 Asbestos inspection, testing & report 4025.00
(Required for Building permit)

2) 10/28/2011 #2A Masonry demolition for 2nd Egress 736.00
from dining room (req’d for egress)

3) 12/8/2011 #4 New partition in Nutrition Office for Nutrition 4,995.00
Director. Incl. Elect., paint, door, & hardware.
(requested by Nutrition Director).

4) 12/12/2011 #5 Relocation of steam heat piping and radiator 7,824.36
Necessary for new doorway from dining room
to rear lobby (unforeseen condition)

_________
Total $17,580.36

NOW THEREFORE BE IT RESOLVED that the Town of Yorktown Town Board hereby authorizes payment for said expenses with an increased allocation of $17,580.36.

Request from Superintendent Parks & Recreation:
Authorize three employees to attend Pool and Spa Conference
Whereas, the Superintendent of Parks and Recreation has requested permission for three employees to attend the Pool and Spa conference held in Atlantic City this year, and

Whereas, sufficient funds exist in the parks training line, and

Whereas, the department head has deemed it beneficial to the town to have these three employees attend the training seminars, now,

Therefore, Be It Resolved, the following employees have permission to attend the 2012 Pool and Spa Show held in Atlantic City, NJ on January 23rd through January 25th, 2012. Expenses, including lodging and food, are expected to total approximately $400. Additionally, said employees have permission to take a town vehicle for this conference.

Employees attending:
Todd Orlowski, Recreation Supervisor
Guido Parks, Maintenance Mechanic Repair
Andrew Cerrato, Laborer

Requests from the Town Attorney:
Authorize the Supervisor to sign lease amendment for Manetoo Dance Ensemble d/b/a/ Westchester Ballet Center at the YCCC
WHEREAS, Manetoo Dance Ensemble, Inc. d/b/a Westchester Ballet Center, a New York for profit corporation (“Tenant”), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural Center for one year from January 1, 2012 through December 31, 2012, as set forth in the proposed lease, and the Town of Yorktown wishes to lease such space to Tenant, and
WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and
NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQR”) and therefore no further review is required under SEQR; and be it
FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it
FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in The Journal News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution.
Authorize the Supervisor to sign lease amendment for Westchester Community Opportunity Program, Inc. (Yorktown Head Start) at the YCCC
WHEREAS, Westchester Community Opportunity Program, Inc. (Yorktown Head Start), wishes to lease from the Town of Yorktown certain room(s) within the Yorktown Community & Cultural Center as set forth in Schedule A of a proposed lease, which Schedule A is annexed hereto, and
WHEREAS, Town Law § 64 requires that the Town's lease of real property be subject to a permissive referendum under Town Law §§ 90 and 91; and
NOW THEREFORE, BE IT RESOLVED, that the Town has determined the action contemplated under this Resolution is a Type II action under the State Environmental Quality Review Act (“SEQR”) and therefore no further review is required under SEQR; and be it
FURTHER RESOLVED, the Town Board hereby directs that a copy of this resolution be filed with the Town Clerk and a copy be provided to any person who has requested a copy hereof; and be it
FURTHER RESOLVED, that pursuant to NY Town Law §§ 82 and 90, within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a permissive referendum; and shall publish such notice in the North County News, a newspaper published in the County having a general circulation in the Town of Yorktown, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Yorktown, a copy of such notice within ten (10) days after the date of the adoption of this Resolution.
Requests from the Town Clerk:
Approve Commercial Garbage Licenses for the following companies:
AAA Carting & Rubbish Removal d/b/a A&N Carting
RESOLVED that AAA Rubbish Removal D/B/A A&N Carting Company be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2012.

Bria Carting
RESOLVED, that Bria Carting Company be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2012.

R & S Waste Services, LLC
RESOLVED, that R & S Waste services, LLC be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2012.

Better Carting Service, Inc.
RESOLVED, that Better Carting Service, Inc. be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2012.

Sani-Pro Disposal Services
RESOLVED that Sani-Pro Disposal Services be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2012.

ATNM Corp.
RESOLVED that ATNM Corp. be and is hereby granted renewal of their garbage license for commercial properties only, for the year 2012.

9. VOLUNTARY BOARD APPOINTMENTS
Recreation Commission –
Reappoint Patricia Caporale
BE IT RESOLVED, that Patricia Caporale is hereby reappointed as a member of the Parks and Recreation Commission with a term to expire on 12/31/18.