Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
OCTOBER 2, 2012

PLACE: TIME:
TOWN HALL 7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. PROCLAMATIONS
• Italian American Week
• German American Day

4. REPORT FROM SUPERVISOR MICHAEL GRACE

5. REPORTS FROM TOWN BOARD MEMBERS
Councilman Paganelli – Discussion concerning the addition of fluoride
to town water

6. REPORT FROM THE STATE CAPITAL – SENATOR GREG BALL

7. RESOLUTIONS FROM THE MEETING OF 9/18/2012

8. COURTESY OF THE FLOOR

9. ADVERTISEMENTS
Public Hearing – October 16, 2012
• Amended Special Use Permit – Sanctuary Golf Course

REMINDER
• October 16, 2012 Meeting at John C. Hart Library

Bids:
• 5 Year Inspection/Testing Sprinkler Systems – Bid #12-8
• Reject and Rebid Elevator Maintenance Bid
• Reject and Rebid HVAC Bid

10. AWARD BIDS
• Cold Water Meters – Water Department
• Two (2) F-250 trucks - Sewer Department

11. VOLUNTARY BOARDS
Appointment.
• Roxanne Visconti - ABACA

12. RESOLUTIONS
Requests from the Engineering Department:
• Authorize the Supervisor to sign:
An agreement with WSP Sells for additional work for the
Greenwood Street Bridge
An agreement with Birdsall Services Group for the Sparkle Lake Dam Project – 2012 NYS DEC Compliance Requirements
Budget Transfer

Requests from the Engineering Department:
• Bond Release
#WP-025-12 – Granite Springs Road
#WP-042-12 – James Street

• Bond/Fee Acceptance
Performance, Erosion Control, Inspections Fees – Crompond Crossing
Site Plan – Route 202

Request from the Water Distribution Superintendent:
• Discrepancy of water accounts and billing modification

13. REFERRAL – Proposed local law amending Chapter 300, Article IX – Regional Shopping Center

14. REFUNDS
• Northern Westchester Joint Water Works:
Account #41-15031754 $185.08

• Duplicate Taxes:
Account #2736500 $2,758.73

15. MONTHLY REPORT – Receiver of Taxes

16. COURTESY OF THE FLOOR

17. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: October 2, 2012

ADJOURNED PUBLIC HEARINGS
• 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)

OUTSTANDING BIDS:
• Various Chemicals for the Water Pollution Control Plant
– Bid #12-06 - Due Back – October 10, 2012
• Residential Garbage

• Electrical Work on Town Buildings

October 2, 2012 Town Board Meeting
Resolutions to be approved:

7. RESOLUTIONS FROM THE MEETING OF 9/18/2012
Resolved, that the Town Board Meeting Resolutions for September 18, 2012 are approved by the Town Board.

9. ADVERTISEMENTS
Public Hearing – October 16, 2012
Amended Special Use Permit – Sanctuary Golf Course
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the John C. Hart Memorial Library, 1130 East Main Street, Shrub Oak, NY 10588 on the 16th day of October, 2012 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider amending the current Special Use Permit for Sanctuary Golf Course to add an additional tennis court and an additional paddle tennis court, parking area modifications to include “green infrasctructure” stormwater management facilities, specifically the incorporation of bioretention facilities into the clubhouse parking lot islands and in the planted area in front of the clubhouse.

A copy of said application is on file in the Office of the Town Clerk, at the said Town Hall, 363 Underhill Avenue, Yorktown Heights, NY where the same may be inspected during regular office hours.

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

Reminder - Town Board Meeting October 16, 2012 will be held at the John C. Hart Memorial Library
RESOLVED, that the regular meeting of the Town Board of the Town of Yorktown will be held on October 16, 2012, at the John C. Hart Memorial Library located at 1130 East Main Street, Shrub Oak, New York 10588. The televised meeting will begin at 7:30 P.M.

Bids:
5 Year Inspection/Testing Sprinkler Systems – Bid #12-8
Sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York, at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, until 10:00 A.M., on Monday, October 22, 2012, for 5-Year Inspection/Testing Sprinkler Systems, Bid #12-8.

Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.

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 on the time and the place specified above.

The Town of Yorktown reserves the right to waive any informalities in the bids, to reject any or all bids and reserves the right to accept that bid which it deems most favorable to the interests of the Town of Yorktown. No bidder may withdraw his bid within thirty (30) days after the actual date of the opening thereof.

If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address.

Reject and Rebid Elevator Maintenance Bid
Resolved, the Town Board rejects and rebids the Elevator Maintenance Bid,

Sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, New York, at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York, until 10:00 A.M., on Monday, October 15, 2012, for the Elevator Inspection and Maintenance Bid #12-4.

Specifications and standard proposals for the bid may be obtained at the office of the Town Clerk at said Town Hall.

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 on the time and the place specified above.

The Town of Yorktown reserves the right to waive any informalities in the bids, to reject any or all bids and reserves the right to accept that bid which it deems most favorable to the interests of the Town of Yorktown. No bidder may withdraw his bid within thirty (30) days after the actual date of the opening thereof.

If mailed, sealed proposals must be addressed in care of the Town Clerk at the above address.

Reject and Rebid HVAC Bid
Resolved, the Town Board rejects and rebids the HVAC Bid,

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, October 15, 2012
at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for Heating,
Ventilating and Air Conditioning (HVAC) Service and Maintenance Contract.
All bids must be accompanied by an execute 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.

Payment and/or Performance Bonds may be required. A bid deposit equal to ten percent
(10%) of the total bid shall be submitted with each bid. Such bid deposit shall be in the
form of a bid bond or certified check.

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.

10. AWARD BIDS
Cold Water Meters – Water Department
WHEREAS, invitation to bid for the water meters and radio devices was duly advertised, and

WHEREAS, E.J. Prescott, Inc., HD Supply Waterworks and Sensus USA each submitted bids,

WHEREAS, sealed bids were received and opened on September 24, 2012, with the bid amounts for the above-referenced project summarized as follows:

Item 1a: 5/8”X3/4” Meters (less couplings) INDOOR SET OUTDOOR PIT SET
E.J. Prescott, Inc. $ 99.50 $119.55
HD Supply Waterworks $142.15 $161.10
Sensus USA $153.00 $164.00

Item 1b: 1” Meters (less couplings) INDOOR SET OUTDOOR PIT SET
E.J. Prescott, Inc. $165.04 $184.76
HD Supply Waterworks $230.05 $248.98
Sensus USA $243.00 $254.00

Item 2a: 5/8”x3/4” SRII Retrofit ECR Assemblies (Indoor)
E.J. Prescott, Inc. No Bid
HD Supply Waterworks $140.00
Sensus USA No Bid

Item 2b: 1” SRII Retrofit ECR Assemblies (Indoor)
E.J. Prescott, Inc. No Bid
HD Supply Waterworks $225.00
Sensus USA No Bid

Item 3a: 5/8”x3/4” SRII Retrofit TR-PL Assemblies (Outdoor)
E.J. Prescott, Inc. No Bid
HD Supply Waterworks $158.00
Sensus USA No Bid

Item 3b: 1” SRII Retrofit TR-PL Assemblies (Outdoor)
E.J. Prescott, Inc. No Bid
HD Supply Waterworks $243.00
Sensus USA No Bid

Item 4a: Sensus Radio Device-Model MXU M2 sp/3w hr/leak det.510
E.J. Prescott, Inc. $123.08
HD Supply Waterworks $160.00
Sensus USA $165.00

Item 4b: Sensus Radio Device-Model MXU M2 sp/tc hr/leak det.510
E.J. Prescott, Inc. $129.49
HD Supply Waterworks $168.34
Sensus USA $175.00

Item 5a: Sensus Radio Device-Model MXU M2 pit sp/3w hr/leak det.520
E.J. Prescott, Inc. $139.10
HD Supply Waterworks $180.84
Sensus USA $185.00

Item 5b: Sensus Radio Device-Model MXU M2 pit sp/3w hr/leak det.520
E.J. Prescott, Inc. $135.90
HD Supply Waterworks $176.67
Sensus USA $188.00

Item 6: 3 wire conductor (22 gauge) per roll (1,000 feet)
E.J. Prescott, Inc. $180.00
HD Supply Waterworks $300.00
Sensus USA $260.00

RESOLVED, that upon the recommendation of the Water Superintendent, David Rambo, the bid for Sensus water meters model SRII and radio devices for the Water District be and is hereby awarded to:

E.J. Prescott, Inc. - Items: 1a (indoor and outdoor); 1b (indoor and outdoor); 4a; 4b; 5a; 5b; and 6.

HD Supply Waterworks – Items: 2a; 2b; 3a; and 3b.

the lowest responsible bidders.

FURTHER RESOLVED, said bid shall remain in effect with a fixed price for a binding period of one (1) year beginning October 3, 2012.

Two (2) F-250 trucks - Sewer Department
Bids were received for the purchase of pickup truck (s) for the Water Pollution Control Plant and are summarized as follows:

NAME OF BIDDER AMOUNT OF BID

West Herr NY (1) truck - $31,221.00
(2) trucks - $62,442.00

Interstate Ford Truck Sales, Inc. (1) truck - $28,940.00
(2) trucks - $57,880.00

Milea Truck Sales & Leasing Corp. (1) truck - $28,620.00
(2) trucks - $55,740.00

In order to award this bid I am requesting the Town Board adopt the following resolution:

WHEREAS, the apparent low bidder and the number two bidder have been evaluated to determine compliance with the Town of Yorktown’s bid specifications and the following variances were determined,

Specification Town specifications Low Bidder

Warranty 7 year/120,000 mile 6Year/100,000 miles
Safety Side / Overhead Air bag (stand) Optional / not in bid
Motor HP 385 Torque 405 HP 360 torque 380
GVWR 10,000 9,500
Payload Capacity 3,380 lbs N/A not shown on bid or website

WHEREAS, there is no indication of the frame strength from the GMC bid, Ford bid is showing 36,000 psi, this is important for the payload and any plowing that maybe done with these vehicles. Our specification provides for Rigid Axle and Leaf spring Suspension, not independent suspension, and

WHEREAS, the specification provides for a rear 60-40 split-bench seat, w/rear fold up cushion. The GMC bid shows a credit in lieu of meeting the specification GMC also credited the bid price with the removal of the spare tire, the steel wheel is in the bid but the rubber tire is removed, and

WHEREAS, the apparent low bidder does not meet the specifications, NOW, THEREFORE BE IT

RESOLVED, that bid12-05 be awarded to the second lowest bidder for 2 truck(s) at a cost of $57,880.00 Interstate Ford Truck Sales, Inc., 45 Brainard Road, Hartford, CT 06114, Attn: John J. Jungen.

11. APPOINTMENT – ABACA
Roxanne Visconti
BE IT RESOLVED, that Roxanne Visconti is hereby appointed as an alternate member of the Advisory Board of Architectural and Community Appearance for a three year term expiring October 2, 2015.

12. RESOLUTIONS
An agreement with WSP Sells for additional work for the Greenwood Street Bridge
RESOLVED, that the Town Board authorizes the Town Supervisor to sign a Professional Services Amendment to its existing agreement with WSP Sells for the subsurface investigation and sheeting design, for the Greenwood Street Bridge project for a lump sum price of $25,160.00.

An agreement with Birdsall Services Group for the Sparkle Lake Dam Project 2012 NYS DEC Compliance Requirements
RESOLVED, that the Town Board authorizes the Town Supervisor to sign a Professional Services Amendment to its existing agreement with Birdsall Services Group for the Contract Documents and Dam Permitting Services, for a fixed fee price of $34,400.00.

Budget Transfer – Engineering Department
Be It Resolved, the following 2012 budget transfer is hereby approved:

Decrease: YS 8130.0459 Yorktown Sewer/Infl Ctrl ($57,880)
Increase: YS 8130.0420 Yorktown Sewer/Vehicle Expense $57,880

Bond Release #WP-025-12 – Granite Springs Road
WHEREAS, Douglas & Karen Erickson, as applicants, heretofore filed an Erosion Control Bond in the amount of $300.00, which was deposited into the T33 Account on May 21, 2012, covering Wetland Permit #025-12, for work performed at their Granite Springs Road 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 $300.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $300.00 be and is hereby released to Mr. & Mrs. Douglas Erickson, 54 Granite Springs Road, Yorktown Heights, NY 10598.

Bond Release #WP-042-12 – James Street
WHEREAS, Aldo Caputi, as applicant, heretofore filed an Erosion Control Bond in the amount of $300.00, which was deposited into the T33 Account on July 2, 2012, covering Wetland Permit #042-12, for work performed at his James 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 $300.00 for erosion control may be released, NOW THEREFORE BE IT

RESOLVED, that the above-described Erosion Control Bond in the amount of $300.00 be and is hereby released to Mr. Aldo Caputi, 3582 James Street, Shrub Oak, NY 10588.

Performance, Erosion Control, Inspections Fees – Crompond Crossing
Site Plan – Route 202
WHEREAS, Robert Schrader applicant, provided the Town with The First Bank of Greenwich Letter of Credit #101-2012 in the amount of $545,735.00 to serve as the Performance Bond for the Crompond Crossing Site Plan located on Old Crompond Road, and

WHEREAS, Robert Schrader as applicant, provided the Town with The First Bank of Greenwich Letter of Credit #104-2012 in the amount of $35,000.00 to serve as the Erosion Control Bond, and

WHEREAS, The Gateway Development Group, Inc., as applicant, provided the Town with Check #1016, in the amount of $46,458.00 to serve as the 8% Inspection Fee, and

WHEREAS, Robert Schrader as applicant, provided the Town with The First Bank of Greenwich Letter of Credit #103-2012 in the amount of $35,000.00 to serve as the Erosion Control Bond for Wetland Bond for Wetland, Stormwater & Tree Permit #WP- FSWPPP-T-032-11, and

WHEREAS, Robert Schrader as applicant, provided the Town with The First Bank of Greenwich Letter of Credit #102-2012, in the amount of $25,000.00 to serve as the Wetland Bond the above referenced permit, #WP-FSWPPP-T-032-11, and

WHEREAS, The Gateway Development Group, Inc., as applicant, provided the Town with Check #1015, in the amount of $5,000.00 to serve as the Inspection Fee for the above referenced permit, #WP-FSWPPP-032-11, for the Town’s wetland consultant, NOW, THEREFORE BE IT

RESOLVED, that the above referenced monies are hereby accepted to serve as the required bonds and fees for the above referenced site plan.
Discrepancy of water accounts and billing modification
WHEREAS, The Water District is currently replacing forty and fifty year old water meters throughout the District;

WHEREAS, the District’s goal is to simplify the billing process and standardize all of the meters within the system;

WHEREAS, it has become necessary to amend the billing procedure on accounts only when consumption recorded from the old meter is in excess of 50,000 gallons difference to the external device;

THEREFORE, BE IT RESOLVED, the consumption reflected on the remote reading device will be recorded and calculated accordingly enabling the above amendment, and

FURTHER RESOLVED, if such meter information is not available, the bill for consumption from the old meter will be issued for an amount equal to an average of three years of billing history for the account in the corresponding billing period plus any available new consumption data.

13. REFERRAL – Proposed local law amending Chapter 300, Article IX – Regional
Shopping Center
Resolved, the Town Board authorizes the Town Clerk to send out a Proposed Local
Law amending Chapter 300, Article IX – Regional Shopping Centers to the following
Agencies:

Yorktown Building Department
Yorktown Conservation Board
Yorktown Engineering Department
Yorktown Highway Department
Planning Department
Planning Board
ABACA
Town Attorney
Water Department

Town Clerk – Town of Somers
Town Clerk – Town of Cortland

Westchester County Planning Department/Planning Board

14. REFUNDS
Northern Westchester Joint Water Works:
Account #41-15031754 $185.08
RESOLVED, that the Town Board approves a refund in the amount of $185.08 be made to Mr. Michael Greiss, 1754 Clover Road, Mohegan Lake, NY 10547, Account #41- 15031754, representing a duplicate water bill payment.

Duplicate Taxes – Account #2736500
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 Sch 22 27.07-1-2 2736500 $2,758.73

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