Town Board Meeting

FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
March 15, 2011

PLACE: TIME:
TOWN HALL 7:30pm

PLEASE NOTE THAT THE NEXT TELEVISED TOWN BOARD MEETING WILL TAKE PLACE AT THE JOHN C. HART LIBRARY ON APRIL 5, 2011

1. PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. REPORT FROM SUPERVISOR SUSAN SIEGEL

4. REPORTS FROM TOWN COUNCIL

5. COURTESY OF THE FLOOR

6. PUBLIC HEARINGS
Reconvene:
• Creative Living Development – Requests for Wetlands and
Excavation Permits
Convene:
• Rezonings – Proposed zoning changes associated with the
Comprehensive Plan
• Proposed local law relating to a new Septic Inspection Law – required as part of the Town of Yorktown’s MS4 permit

7. ADVERTISEMENTS
Public Hearings: - April 5, 2011
• Proposed local law amending Chapter 275 -4 Parking, A-No Parking
Adding an additional section of Veterans Road to the list of no
Parking areas

Bids/Requests for Proposals (RFP)
• Cold water meters with electronic encoder registers and rapid read
System – Water Department
• Asphalt, Concrete and liquid bituminous materials – Highway Dept.
• Buses for summer camp programs – Parks and Recreation
• Cooling Tower for the Yorktown Justice Court’s HVAC System
• Fire Sprinkler Systems Maintenance
• Installation of remote lighting controls at Downing Park Tennis
Courts and Shrub Oak Roller Hockey Rink – Planning/Parks and
Recreation Dept.

8. AWARD BID/REQUEST FOR PROPOSAL
• Athletic Equipment and Games – Parks and Recreation Dept.

9. RESOLUTIONS
• Requests from the Legal Department:
Authorize the Supervisor to sign an agreement with Roland
Baroni, Jr. to serve as outside counsel handling cell tower lease
negotiations.
Authorize the Supervisor to sign an agreement with Metrocom
Wireless Inc. for a maintenance agreement covering Yorktown
Police Dept’s Motorola two-way radios 2/1/2011-1/31/12
Authorize the Supervisor to sign to an amended retainer with Wormser, Kiley, Galef & Jacobs for certiorari services

• Request from the Planning Department:
Release retainage from Jefferson Valley Sidewalk Project

• Requests from the Town Supervisor
Approve Yorktown Events Sign Policy

10. PERSONNEL
• Retirements:
Glenn Cameron – Highway Dept.

11. MONTHLY REPORTS

12. COURTESY OF THE FLOOR

13. ADJOURN

ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN

DATED: March 15, 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 BIDS
• Microfilm and Microfiche Reader/Printers
Maintenance and Repair Contract
(Due Back 3/21/11)
• Copier Machine Maintenance Contracts
(Due Back 4/18/11)

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 – Due Back 4/1/2011

March 15, 2011 Town Board Meeting
Resolutions to be approved:

6. RECONVENE PUBLIC HEARING
CREATIVE LIVING DEVELOPMENT – REQUEST WETLANDS & EXCAVATION PERMITS
The Town Board will consider the application of Creative Living Development Inc. for a Wetlands/Excavation Permit for the construction of temporary multi-purpose athletic fields on Navajo Road, Jefferson Valley, NY 10535. Proposed activities include: Construction of athletic fields, wood chip pedestrian trails, drainage conveyance system and stormwater management basins and associated regrading activities. Reconstruction of two existing wood foot bridges.

CONVENE PUBLIC HEARING
REZONINGS – PROPOSED ZONING CHANGES ASSOCIATED WITH THE COMPREHENSIVE PLAN
The Town Board will call to order a public hearing upon the proposed local law described below.

A) A proposed Local Law amending Chapter 300, Section 300-6 of the Code of the Town
of Yorktown by amending the Zoning Map in the following actions:

1. The following lots on the Tax Map of the Town of Yorktown are rezoned from C-2 to C-2R:
16.07-1-1
16.07-1-2
16.07-1-4
16.07-1-5
16.06-1-43
16.06-1-44
16.06-1-45
16.06-1-46
16.10-4-23
16.10-4-24
16.11-1-37
16.11-1-45
16.10-2-30
16.10-2-31
16.10-1-32
16.10-1-33
16.10-1-37
16.10-1-38

2. The following lots on the Tax Map of the Town of Yorktown are rezoned from C-2 to C-2R:
16.10-1-31
3. The following lots on the Tax Map of the Town of Yorktown are rezoned from R1-80 to R1-160:
47.17-1-3

CONVENE PUBLIC HEARING
PROPOSED LOCAL LAW RELATING TO NEW SEPTIC INSPECTION LAW – REQUIRED AS PART OF THE TOWN OF YORKTOWN MS4 PERMIT
The Town Board will consider renaming Chapter 240, “SEWERS AND SEPTIC SYSTEMS” and amending said Chapter to add provisions with respect to separate sewage disposal systems/on-site wastewater system.

7. SET PUBLIC HEARING
PROPOSED LOCAL LAW ESTABLISHING NO PARKING ON VETERANS ROAD WHERE IT INTERSECTS WITH GREENWOOD STREET
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 Main Street, Shrub Oak, New York, 10588 on the 5th day of April, 2011 at 7:30 o’clock PM, or as soon thereafter as the same can be heard, to consider amending Chapter 275-4, A No Parking as follows:

Current Law: Veterans Road, both sides from its intersection with Greenwood Street west to the first curb cut (driveway) for the existing medical building.

Amendment: Veterans Road, south side from its intersection with Greenwood Street west to Maple Hill Street, North side from Greenwood Street west to first curb cut (driveway) for the existing medical building.

A copy of said proposed local law is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours.

ADVERTISE BID
COLD WATER METERS WITH ELECTRONIC ENCODER REGISTERS AND RAPID READ SYSTEM – WATER DEPARTMENT
NOTICE IS HERE GIVEN that sealed bids will be received by the Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 A.M. on March 28, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for approximately 2,500 Cold Water Meters with Electronic Encoder Registers and Rapid Read System.

Specifications may be obtained at the office of the Town Clerk in said Town Hall.

ADVERTISE BID
ASPHALT CONCRETE & LIQUID BITUMINOUS MATERIALS – HIGHWAY DEPARTMENT
NOTICE IS HERE GIVEN that sealed proposals will be received by the
Town Clerk, Town of Yorktown, Westchester County, NY until 11:00 A.M. on
March 29th, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, N.Y. 10598 for Asphalt Concrete & Liquid Bituminous Materials. Specifications may be obtained at the office of the Town Clerk in said Town Hall.

ADVERTISE BID
BUSES SUMMER CAMP PROGRAMS – PARKS & RECREATION DEPARTMENT
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Town Clerk of the Town of Yorktown, Westchester County, NY until 11:00 AM on Monday, May 2, 2011 at the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for contracting bus service for various programs in the Yorktown Parks and Recreation Department. Bids may be made on a total per section basis, a group basis or the total bid. The Town reserves the right to award the bid(s) on a lowest cost per section basis, a lowest cost for a group of sections basis or the lowest cost for a total bid (Section I: School Buses - Camps; Section II: Coaches - Camps), for a contract starting June 27, 2011 and ending on July 29, 2011.

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

ADVERTISE BID
COOLING TOWER FOR THE YORKTOWN JUSTICE COURT HVAC SYSTEM
ENGINEERING DEPARTMENT
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, 10598 until 10:00 A.M., on Monday, April 4, 2011, for The Town Court Cooling Tower.

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

ADVERTISE BID
FIRE SPRINKLER SYSTEMS MAINTENANCE – ENVIRONMENTAL CONSERVATION DEPARTMENT
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, April 11, 2011, for Inspection/Testing Sprinkler Systems.

ADVERTISE BID
INSTALLATION OF REMOTE LIGHTING CONTROLS AT DOWNING PARK TENNIS COURTS AND SHRUB OAK ROLLER HOCKEY RINK – PARKS & RECREATION DEPARTMENT
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Yorktown Planning Department, 1974 Commerce Street, Yorktown Heights, Westchester County, N.Y. 10598 until 4:00 P.M., Wednesday, March 30, 2011. The Town seeks qualification statements and proposals from qualified consultants capable of accomplishing the following goal: The purpose of this project is to control lighting and reduce the operating cost from the current configuration at the Shrub Oak Roller Hockey Rink and the Downing Park Tennis Courts.

A Request for Proposal may be obtained at the Office of the Town Clerk at said Town Hall, 363 Underhill Avenue, or the Yorktown Planning Department, 1974 Commerce Street, Yorktown Heights, NY 10598.

8. AWARD BID
ATHLETIC EQUIPMENT & GAMES – PARKS & RECREATION DEPARTMENT
WHEREAS, invitation to bid for Athletic Equipment & Games for use by the Parks & Recreation Dept., was duly advertised, and

WHEREAS, said bids were received and opened on the 14th day of March, 2011, now therefore be it

RESOLVED, that upon the recommendation of the Supt. of Parks & Recreation, the bid be and is hereby awarded to the low bidder for all items, on the attached summary of bid.

BE IT FURTHER RESOLVED, these items will be ordered on a per item basis.

9. AUTHORIZE SUPERVISOR TO SIGN AN AGREEMENT WITH STEPHENS, BARONI, REILLY & LEWIS LLP TO SERVE AS OUTSIDE COUNSEL HANDLING CELL TOWER LEASE NEGOTIATIONS
Authorize Supervisor to sign an agreement wit Stephens, Baroni, Reilly & Lewis LLP, 175 Main Street, White Plains, NY 10601 to serve as Outside Counsel handling cell tower lease negotiations.

AUTHORIZE SUPERVISOR TO SIGN AN AGREEMENT WITH METROCOM WIRELESS, INC. FOR MAINTENANCE AGREEMENT COVERING YORKTOWN POLICE DEPARTMENT’S MOTOROLA TWO-WAY RADIOS 2/1/2011-01/31/2012
RESOLVED, that the Town Supervisor is hereby authorized to sign an agreement with Metrocom Wireless Inc. for a maintenance agreement covering Yorktown Police Department’s Motorola two-way radios effective February 1, 2011 through January 31, 2012. The contract amount is $260.00 per month. This resolution supersedes the resolution passed on February 15, 2011.

AUTHORIZE SUPERVISOR TO SIGN AN AMENDED RETAINER WITH WORMSER, KIELY, GALEF & JACOBS FOR CERTIORARI SERVICES
Authorize Supervisor to sign an amended retainer with Wormser, Kiely, Galef & Jacobs for Certiorari Services.

RELEASE RETAINAGE FROM JEFFERSON VALLEY SIDEWALK PROJECT

WHEREAS, Fourmen Construction, completed Jefferson Valley Streetscape at a cost of $534,351.34 which the Town considered complete on October 12, 2010, and

WHEREAS, that the retainage percentage was reduced from 5% to 2.5%, and

WHEREAS, the Town withheld $13,358.78 as retainage, BE IT FURTHER

RESOLVED, that the amount of $13,358.78 is hereby released to Fourmen Construction, 1008 Main Street, Peekskill, NY 10566.

APPROVE YORKTOWN EVENT SIGN POLICY
Having determined that the promotion of community events that provide programs and services for the benefit and enrichment of the residents of the Town of Yorktown serves a significant government interest,] it shall be the policy of the Town of Yorktown to promote such events on the Town owned Yorktown Events sign.

This policy in no way restricts or regulates the placement of signs that are governed by Article XX of Chapter 300 of the Town Code.

It shall be the policy of the Town Board to] delegate to the Parks & Recreation Department the responsibility for approving requests from individuals and groups to place signs on the Town owned Yorktown Events boards located in various locations in Yorktown and hereby establishes the following criteria which the Department shall use when evaluating the suitability of specific requests:

1. The sign must promote an event that is taking place at a specified time/s or place.

2. The event being promoted must take place in Yorktown and in a place other than on private residential property.

3. The program or event must provide a benefit or enrichment to the residents of the Town of Yorktown.

4. The program or event must be open to the general public.

5. The program or event shall not be of a religious nature or promote any specific religion.

6. The event shall not compete with similar Town-sponsored programs.

7. A separate application must be submitted for each event.

In addition to meeting the above general criteria, the event being promoted should fall into one of the following categories which are meant to be illustrative only and are meant to be used as a guide by the Parks & Recreation Department when evaluating specific requests:

1. Events sponsored by Yorktown civic organizations such as the Lions, Rotary,
Chamber of Commerce, Alliance for Safe Kids, the Grange Fair, etc.

2. Charitable events sponsored by a Yorktown organization such as Relay for Life, Support Connection, the NCN 5K Race and Jenna’s Dream.

3. Enrollment and activities for Yorktown-based non-profit and civic organizations such as Yorktown Athletic Club, Shrub Oak Athletic Club, Girl Scouts and Boy Scouts.

4. Performing arts events and craft shows such as productions of the Yorktown
Stage, Taconic Opera, school plays, and St. Patrick’s Craft Show.

5. Town events, such as the Battle of Yorktown, Community Day and Fire District
Carnival.

6. Yorktown or Lakeland School District educational groups such as the Lakeland Educational Fund, Foundation for Excellence or the Special Education PTA

Signs that advertise programs or services that primarily benefit or promote a private business enterprise, whether the business is for profit or not-for-profit, are not eligible for placement on the Town-owned Yorktown Events boards. Also, open house or enrollment events for nursery schools or religious congregations will not be permitted.

Due to the high demand for sign access, there is a four week limit to how long a sign can remain posted, as well as a limit of three events per group per year. Exceptions may be made at the Town’s discretion if scheduling permits. Also, the Town reserves the right to adjust scheduling for important, official Town announcements.

Signs that do not conform with what has been approved by the Town based on the application submitted will be removed by the Town.

Following are important production requirements for all signs:

1. Signs must be made by a professional sign maker and be of uniform size and appearance (specs will be provided when application is approved). Handmade signs are not permitted.
2. Signs are to be inserted in existing grooves without the use of tape, staples or nails.

3. The organization or group is responsible for the installation and removal of signs within allotted timeframe agreed to.

Applications for use of the Yorktown Event Signs are available from the Yorktown Parks & Recreation Department, 245-4650.