Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
OCTOBER 16, 2012

PLACE: TIME:
JOHN C. HART LIBRARY 7:30pm

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. PRESENTATION
• Cub Scout Pack #164

4. REPORT FROM SUPERVISOR MICHAEL GRACE

5. REPORTS FROM TOWN BOARD MEMBERS

Request from Councilman Bianco
• Resolution to NYS DOT relating to traffic lights removed after
work on the Taconic State Parkway was completed

6. RESOLUTIONS FROM THE MEETING OF 10/2/2012

7. COURTESY OF THE FLOOR

8. PUBLIC HEARING
• Amended Special Use Permit – Sanctuary Golf Course

9. ADVERTISEMENTS
• Electrical Work – Town Buildings – Reject and Rebid

10. AWARD BIDS
• Various Chemicals for the Water Pollution Control Plant
• Elevator Maintenance Bid
• HVAC

11. RESOLUTIONS
Requests from the Assessor to approve certiorari settlements with:
• Amend Resolution #369B of 2011- BF Curry, LLC
• Amend Resolution #396 of 2012 – Shrub Oak Partners
• Yorktown Business Center
• Coach N Four
• Jefferson Village II Condominiums
• Jefferson Village VII Condominiums
• Jefferson Village V Condominiums
• Jefferson Village XI Condominiums
Request from the Engineering Department:
• Approve:
The extension of the Sludge & Grease Removal Bid
for the Water Pollution Control Plant - #11-03
Permit Extension - #WP-001-10 Dale Street

Request from the Police Department:
• Authorize the Supervisor to sign a maintenance service agreement
with SPS VAR, LLC for software used in the Police Department
for a contract period of Nov., 2012 to Nov., 2013 for $4,525.00

12. PERSONNEL/VOLUNTARY BOARDS
• Appointments - Conservation Board
Diane Dreier
Walt Daniels

• Appointments - Landmarks Preservation Commission
Jean Francois De Laperouse Constance Fox
Thomas DeChiaro Dr. Michael Gordon
Edwin Pell John Eagelson (Alternate)
William Primavera (Alternate)

• Appointment - Recreation Commission
Diana Quast

13. COURTESY OF THE FLOOR

14. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: October 16, 2012

OUTSTANDING BIDS:
• 5 Year Inspection/Testing Sprinkler Systems – Bid #12-8
• Residential Garbage

October 16, 2012 Town Board Meeting
Resolutions to be approved:

5. REPORTS FROM TOWN BOARD MEMBERS
Request from Councilman Bianco:
• Resolution to NYS DOT relating to traffic lights removed after
work on the Taconic State Parkway was completed
WHEREAS, the New York State Department of Transportation installed temporary traffic signals in the Town of Yorktown while the Taconic Bridge Project was underway, and

WHEREAS, these traffic signals were installed to control the flow of traffic for the project, and

WHEREAS, the immediate benefit from this action was the controlled and safe passage of vehicles though the various intersections on the detour route, and

WHEREAS, these temporary traffic signals with the exception of the signal at Route 100 and Route 134 were removed after the project was completed, and

WHEREAS, residents of the Town of Yorktown have complained that turning conditions at the intersection of Route 118 and Route 129 where the flow of traffic had previously been controlled by a flashing red/yellow light was hazardous, and

WHEREAS, the addition of the temporary light made traffic conditions safer,

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Yorktown calls on the New York State Department of Transportation and our elected officials in Albany to return the light at the intersection of Route 118 and Route 129.

6. RESOLUTIONS FROM THE MEETING OF 10/2/2012
Resolved, that the Town Board Meeting Resolutions for October 2, 2012 are approved by the Town Board.

8. PUBLIC HEARING
• 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 infrastructure” 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.

9. ADVERTISEMENTS
• Electrical Work – Town Buildings – Reject and Rebid
WHEREAS, errors were found in the specifications relating to the 2012 Electrical Work on Town Buildings,

BE IT THEREFORE RESOLVED, that the bid will be re-advertised in the official newspaper of the Town of Yorktown, the Journal News.

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 October 29, 2012 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598, for Electrical work on Town Buildings.

10. AWARD BIDS

• Various Chemicals for the Water Pollution Control Plant
Bids received October 10, 2012

CHEMICAL
BIDDER
AMOUNT

Ferric Chloride
Kemira Water Solutions, Inc.
PVS Technologies, Inc.
$515.00 per dry ton
$575.00 per dry ton

Ferric Chloride 37% to 40%
Slack Chemical Co., Inc.

$143.98 per drum

Caustic Soda 50%
Triathlon Industries, Inc.
Slack Chemical Co., Inc.
$2.44 per gallon
$2.46 per gallon

Caustic Soda 25%
H. Krevit & Co., Inc.
Slack Chemical Co., Inc.
$112.00 per drum
$104.32 per drum

Citric Acid 50%
Coyne Chemical Co., Inc.
Slack Chemical Co., Inc.
$451.04 per drum
$394.26 per drum

Sulfuric Acid (not more than 51%)
H. Krevit & Co., Inc.
Slack Chemical Co., Inc.
$251.91 per drum
$169.42 per drum

Sodium Bisulfite 38%
Slack Chemical Co., Inc.

$149.78 per drum

Sodium Hypochlorite 15%
H. Krevit & Co., Inc.
Coyne Chemical Co., Inc.
Slack Chemical Co., Inc.
$118.00 per drum
$216.55 per drum
$109.72 per drum

Holland EPIC WW58

Holland Company, Inc.
Slack Chemical Co., Inc.
$0.185 per wet lb.
$0.199 per wet lb.

Calgon Poly-E-Z 6500
Slack Chemical Co., Inc.
Coyne Chemical Co., Inc.
(bid only per lb.)
$12.46 per dry ton

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

RESOLVED, that the bid for Ferric Chloride be awarded to Kemira Water Solutions, the low bidder, at a cost of $515.00 per dry ton, and be it further

RESOLVED, that the bid for Ferric Chloride 37% to 40% be awarded to Slack Chemical Co., the sole bidder, at a cost of $143.98 per drum, and be it further

RESOLVED, that the bid for Caustic Soda 50% be awarded to Triathlon Industries, the low bidder, at a cost of $2.44 per gallon, and be it further

RESOLVED, that the bid for Caustic Soda 25% be awarded to Slack Chemical Co., Inc., the low bidder, at a cost of $104.32 per drum, and be it further

RESOLVED, that the bid for Citric Acid 50% be awarded to Slack Chemical Co., Inc., the low bidder, at a cost of $394.26 per drum, and be it further

RESOLVED, that the bid for Sulfuric Acid (not more than 51%) be awarded to Slack Chemical Co., Inc., the low bidder, at a cost of $169.42 per drum, and be it further

RESOLVED, that the bid for Sodium Bisulfite 38% be awarded to Slack Chemical Company, Inc., the sole bidder, at a cost of $149.78 per drum, and be it further

RESOLVED, that the bid for Sodium Hypochlorite 15% be awarded to Slack Chemical Co., Inc., the low bidder, at a cost of $109.72 per drum, and be it further
RESOLVED, that the bid for Holland EPIC WW58 be awarded to the Holland Company, Inc., the low bidder, at a cost of $0.185 per wet pound, and be it further

RESOLVED, that the bid for Calgon Poly-E-Z 6500 be awarded to Coyne Chemical Co., Inc., the low bidder, at a cost of $12.46 per dry ton.

• Elevator Maintenance Bid
Bids were received on October 15, 2012 for the Elevator Inspection & Maintenance Bid #12-04X, and are summarized as follows:

NAME OF BIDDER AMOUNT OF BID
D& D Elevator Maintenance, Inc. $8,400.00

ThyssenKrupp Elevator $5,400.00

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

RESOLVED, that the bid for the Elevator Inspection & Maintenance Bid #12-04X be awarded to ThyssenKrupp Elevator, at a cost of $5,400.00.

• HVAC Bid
Not Available at Time of Publication.

11. RESOLUTIONS
Requests from the Assessor to approve certiorari settlements with:
• Amend Resolution #369B of 2011- BF Curry, LLC

RESOLVED, that upon the recommendation of the sole assessor, Resolution #369B was adopted by the Town Board on July 19, 2011, and

BE IT FURTHER RESOLVED, that Resolution #369B shall be amended as follows, with no changes to the approved settlement.

WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 36.05, Block 1, Lot 11, located at 3493 Crompond Rd, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 36.05-1-11, owned by BF Curry, LLC, Account # 1000500, for assessment roll years 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
2011 $27,900 $27,900 $0
2010 $27,900 $27,900 $0
2009 $91,200 $82,950 $8,250
2008 $91,200 $91,200 $0
2007 $91,200 $85,600 $5,600
2006 $91,200 $86,500 $4,700
2005 $91,200 $91,200 $0
2004 $91,200 $91,200 $0

• Amend Resolution #396 of 2012 – Shrub Oak Partners
RESOLVED, that upon the recommendation of the sole assessor, Resolution #396 was adopted by the Town Board on September 4, 2012, and

BE IT FURTHER RESOLVED, that Resolution #396 shall be amended as follows, with no changes to the approved settlement.

WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 16.09 Block 2 Lot 14, located at 1335 East Main Street, on the Tax Map of the Town of Yorktown, and

WHEREAS, the Town Assessor recommends these matters be settled as follows, now therefore be it

RESOLVED, That the tax certiorari proceedings affecting tax parcel 16.09 -2-14, owned by Shrub Oak Partners, LLC, Account #0114500, for assessment roll years 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 be settled as set forth in the proposed stipulation as follows:

Roll Proposed Proposed Amount of Reduction
2004 $129,900 $129,900 $0
2005 $129,900 $129,900 $0
2006 $129,900 $103,000 $26,900
2007 $110,250 $110,250 $0
2008 $110,250 $110,250 $0
2009 $110,250 $110,250 $0
2010 $110,250 $110,250 $0
2011 $110,250 $110,250 $0

• Yorktown Business Center
RESOLVED, that upon the recommendation of the sole assessor

WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 48.07, Block 1, Lot 2, located at 1661 Front Street, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 48.07, 1, 2, owned by Yorktown Business Center, LLC, for assessment roll years 2005,2006, 2007, 2008, 2009, 2010 and 2011 be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2005 $48,900 $48,900 $0
2006 $48,900 $42,210 $6,690
2007 $48,900 $41,370 $7,530
2008 $48,900 $44,100 $4,800
2009 $48,900 $44,100 $4,800
2010 $48,900 $44,100 $4,800
2011 $48,900 $44,100 $4,800

• Coach N Four
RESOLVED, that upon the recommendation of the sole assessor

WHEREAS, tax certiorari proceedings were instituted challenging the assessment for parcel known as Section 16.08, Block 1, Lot 36, located at 620 East Main Street, on the Tax Map of the Town of Yorktown, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting tax parcel 16.08, 1, 36, owned by Coach N Four, for assessment roll years 2005,, 2006, 2007, 2008, 2009, 2010 and 2011 be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2005 $165,000 $165,000 $0
2006 $165,000 $154,750 $10,250
2007 $165,000 $153,650 $11,350
2008 $165,000 $162,750 $2,250
2009 $165,000 $165,000 $0
2010 $165,000 $165,000 $0
2011 $165,000 $165,000 $0
• Jefferson Village II Condominiums
WHEREAS, tax certiorari proceedings were instituted by Jefferson Village I I Condominiums, challenging the aggregate assessment for Section17.13 Block 2 Lot 2.- 125 through Lot 2.-216, totaling 92 individual units, located in the Jefferson Village Condominium Complex on the Tax Map of the Town of Yorktown, and

WHEREAS, the 92 individual condominium assessments will be determined by its percent share of the aggregate value, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting the aggregate value of Jefferson Village II Condominiums, as stated above, for assessment roll years 2008, 2009, 2010 and 2011, be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2008 $275,200 $218,400 $56,800
2009 $275,200 $220,000 $55,200
2010 $275,200 $234,000 $41,200
2011 $275,200 $238,000 $37,200

• Jefferson Village VII Condominiums
WHEREAS, tax certiorari proceedings were instituted by Jefferson Village VII Condominiums, challenging the aggregate assessment for Section17.05 Block 1 Lot 67.- 577 through Lot 67.-661 totaling 85 individual units, located in the Jefferson Village Condominium Complex on the Tax Map of the Town of Yorktown, and

WHEREAS, the 85 individual condominium assessments will be determined by its percent share of the aggregate value, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting the aggregate value of Jefferson Village VII Condominiums, as stated above, for assessment roll years 2008, 2009, 2010 and 2011, be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2008 $258,050 $209,362 $48,688
2009 $258,050 $210,000 $48,050
2010 $258,050 $225,000 $33,050
2011 $258,050 $230,000 $28,050

• Jefferson Village V Condominiums
WHEREAS, tax certiorari proceedings were instituted by Jefferson Village V Condominiums, challenging the aggregate assessment for Section17.09 Block 1 Lot 68.- 444 through Lot 68.-500 totaling 57 individual units, located in the Jefferson Village Condominium Complex on the Tax Map of the Town of Yorktown, and

WHEREAS, the 57 individual condominium assessments will be determined by its percent share of the aggregate value, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting the aggregate value of Jefferson Village V Condominiums, as stated above, for assessment roll years 2008, 2009, 2010 and 2011, be settled as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2008 $179,700 $142,320 $37,380
2009 $179,700 $145,000 $34,700
2010 $179,700 $155,000 $24,700
2011 $179,700 $160,000 $19,700

• Jefferson Village XI Condominiums
WHEREAS, tax certiorari proceedings were instituted by Jefferson Village XI Condominiums, challenging the aggregate assessment for Section17.05 Block 1 Lot 14.- 898 through Lot 14.-1000, totaling 103 individual units, located in the Jefferson Village Condominium Complex on the Tax Map of the Town of Yorktown, and

WHEREAS, the 103 individual condominium assessments will be determined by its percent share of the aggregate value, now therefore be it

RESOLVED, that the tax certiorari proceedings affecting the aggregate value of Jefferson Village XI Condominiums, as stated above, for assessment roll years 2008, 2009, 2010 and 2011, be settle as set forth in the proposed stipulation as follows:

Roll AV AV AV
Year From To Reduction
2008 $343,550 $275,200 $68,350
2009 $343,550 $280,000 $63,550
2010 $343,550 $293,000 $50,550
2011 $343,550 $300,000 $43,550

Request from the Engineering Department:
Approve:
The extension of the Sludge & Grease Removal Bid for the Water Pollution Control Plant - #11-03
WHEREAS, the Town Board at its meeting of October 18, 2011, awarded the annual Sludge & Grease Removal Bid #11-03, for the Water Pollution Control Plant, and

WHEREAS, the Town has the contractual option to extend the bid in one-year increments, up to a maximum contract term of four (4) years, and

WHEREAS, the Town intends to extend this bid for a period of one-year,(the first of three) NOW, THEREFORE, BE IT,

RESOLVED, that the bid for Digester Cleaning is extended for a one-year period to Fred A. Cook, Jr., Inc., the sole bidder, at a price of $0.36 per gallon, and BE IT FURTHER

RESOLVED, that the bid for Sludge Removal is extended for a one-year period to Fred A. Cook, Jr., Inc., the sole bidder, at a price of $0.12 per gallon, and BE IT FURTHER

RESOLVED, that the bid for Grease Pump & Removal and Standby is extended for a one-year period to Fred A. Cook, Jr., Inc., the sole bidder, at a base price of $110.00/hour, and, BE IT FURTHER

RESOLVED, Grease Pump & Removal will be paid at a rate of $0.20/gallon for the one- year extension period, and, BE IT FURTHER

RESOLVED, Standby Weekdays will be paid at a rate of $10/hr + the standby weekday regular hourly rate bid, for the one year extension period, and, BE IT FURTHER

RESOLVED, Standby Saturday will be paid at a rate of $15/hr + the standby weekday regular hourly rate bid, for the one-year extension period, and, BE IT FURTHER

RESOLVED, Standby Sunday and Holidays will be paid at a rate of $25/hr + standby weekday regular hourly rate bid, for the one-year extension period.

Permit Extension - #WP-001-10 Dale Street
WHEREAS, Anthony Celio posted check #833 in the amount of $500.00 to serve as the Wetland Bond for Wetland Permit #WP-001-10, for work to be done at his Dale Street site, and

WHEREAS, work has not yet commenced on the site, and

WHEREAS, Anthony Celio submitted a letter requesting a 180 day permit extension, and

WHEREAS, the applicant is aware that if work does not commence after the 180-day period is over, that said project will have to go before the Environmental Panel with a new application, NOW, THEREFORE BE IT

RESOLVED, that Wetland Permit #WP-001-10 is hereby extended for 180 days.

Request from the Police Department:
Authorize the Supervisor to sign a maintenance service agreement
with SPS VAR, LLC for software used in the Police Department for a contract
period of Nov., 2012 to Nov., 2013 for $4,525.00
RESOLVED, that the Supervisor is authorized to sign a maintenance service agreement with SPS VAR, LLC, 3168 Mercer University Drive, Suite 200, Chamblee, GA 30341, to provide maintenance for xSeries 346 Hardware, Eserveri5 Hardware, and IBMi software, for the contract period of November 21, 2012 through November 20, 2013. The annual cost is $4,525.00.

12. PERSONNEL/VOLUNTARY BOARDS
Appointments - Conservation Board
Diane Dreier
BE IT RESOLVED, that Diane Dreier is hereby reappointed as a member of the Conservation Board for a three year term expiring on August 30, 2015.

Walt Daniels – Conservation Board
BE IT RESOLVED, that Walt Daniels is hereby reappointed as a member of the Conservation Board, for a three year term expiring August 30, 2015.

Appointments - Landmarks Preservation Commission
Jean Francois De Laperouse
BE IT RESOLVED, that Jean-Francois De Laperouse is hereby appointed as a member of the Landmarks Preservation Commission for a three year term expiring October 16, 2015.

Constance Fox – Landmarks Preservation Commission
BE IT RESOLVED, that Constance Fox is hereby appointed as a member of the Landmarks Preservation Commission for a two year term expiring October 16, 2014.

Thomas DeChiaro– Landmarks Preservation Commission
BE IT RESOLVED, that Thomas DeChiaro is hereby appointed as a member of the Landmarks Preservation Commission for a two year term expiring October 16, 2014.

Dr. Michael Gordon– Landmarks Preservation Commission
BE IT RESOLVED, that Dr. Michael Gordon is hereby appointed as a member of the Landmarks Preservation Commission for a three year term expiring October 16, 2015.

Edwin Pell– Landmarks Preservation Commission
BE IT RESOLVED, that Edwin Pell is hereby appointed as a member of the Landmarks Preservation Commission for a one year term expiring October 16, 2013.

John Eagelson– Landmarks Preservation Commission - (Alternate)
BE IT RESOLVED, that John Eagleson is hereby appointed as an alternate member of the Landmarks Preservation Commission for a one year term expiring October 16, 2013.

William Primavera– Landmarks Preservation Commission - (Alternate)
BE IT RESOLVED, that William Primavera is hereby appointed as an alternate member of the Landmarks Preservation Commission for a one year term expiring October 16, 2013.

Appointment - Recreation Commission
Diana Quast
BE IT RESOLVED, that Diana Quast is hereby reappointed as a member of the Parks and Recreation Commission for a seven year term expiring on December 31, 2019.