Town Board Meeting
FINAL TOWN BOARD AGENDA
TOWN OF YORKTOWN
November 16, 2010
PLACE: TIME:
TOWN HALL 7:30pm
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
Decisions:
• Cablevision Contract Renewal
Convene:
• Proposed local law amending Chapter 300-62 entitled “Storage of Commercial vehicles on residential property”
• Update of zoning map for period 1991 – 2009
• Re-zonings associated with Comprehensive Plan adopted on
June 15, 2010
7. ADVERTISING
Bid:
• Town Publications and Printing Projects
8. AWARD BID
• 2011 Ford F550 4x4 Truck – Department of Environmental
Conservation
9. RESOLUTIONS
Requests from the Engineering Department:
Bond Releases:
• #WP-124-04 – Wildwood Street
• #QP-045-09 - Spring Valley Road
• #WP-003-08 – Susan Court
• #E-046-09 - Amelia Drive
Bond Replacement:
• Village Traditions – Performance & Erosion Bonds - Replacement of checks for bonds
Requests from the Supervisor’s Office
• Rescind bid awards on two auction parcels
10. MONTHLY REPORTS
• Building Department – October – Cost of Construction Report
11. COURTESY OF THE FLOOR
12. ADJOURN
ALICE E. ROKER
TOWN CLERK
TOWN OF YORKTOWN
DATED: November 16, 2010
The Town Board respectfully requests that you keep your remarks during Courtesy of the Floor as brief as possible; no more than three minutes.
FUTURE MEETINGS
Public Hearing – December 2, 2010
• Proposed 2011 Budget
Public Hearings: December 7, 2010
• Proposed Local Law repealing and re-enacting Chapter 270 of the Town of Yorktown entitled “Trees” and various sections of the Code of the Town of Yorktown including Chapter 10, Chapter 165, Chapter 178 and Chapter 195
• Proposed local law amending Chapter 115 relating to dogs
November 16, 2010 Town Board Meeting
Resolutions to be approved:
6. PUBLIC HEARINGS DECISIONS
CABLEVISION CONTRACT RENEWAL
WHEREAS, the Town of Yorktown (the “Town”) is a “franchising authority” in accordance with Title VI of the Communications Act of 1934, (the “Communications Act”), and is authorized to grant one or more nonexclusive cable television franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended (collectively the “Cable Laws”); and
WHEREAS, the Town, executed a franchise agreement with A-R Cable Investments Inc. d/b/a Cablevision of Yorktown, a wholly owned subsidiary of Cablevision Systems Corporation, on September 3, 1998, which was confirmed by the New York State Public Service Commission, effective October 5, 1999 (the “Existing Franchise”); and
WHEREAS, the Franchise was subsequently transferred to CSC Holdings, LLC, as successor in interest to CSC Holdings, Inc., a wholly owned subsidiary of Cablevision Systems Corporation; and
WHEREAS, the Franchise was thereafter subsequently transferred to Cablevision Systems Westchester Corporation (“Franchisee”), another wholly owned subsidiary of Cablevision Systems Corporation; and
WHEREAS, Franchisee has submitted a proposed franchise renewal agreement (the “Franchise Renewal Agreement”) to operate a cable system within the Town; and
WHEREAS, The Town and Franchisee have mutually agreed to the terms of the Franchise Renewal Agreement; and
WHEREAS, the Town has determined that the Franchisee is and has been in substantial compliance with all terms/provisions of the Existing Franchise and applicable law; and
WHEREAS, the Town has determined that Franchisee has the requisite legal, technical and financial capabilities to operate a cable system within the Town and that Franchisee’s proposal for renewal of the franchise meets the cable related needs of the Community; and
WHEREAS, a duly noticed Public Hearing, affording an opportunity for all those interested parties within the Town to be heard on the proposed Franchise Renewal Agreement, was held before the Town on November 4, 2010. NOW, THEREFORE, be it
RESOLVED, that the Town Board determines that it is in the best interest of the public to award the Franchise Renewal Agreement to the Franchisee; and be it
FURTHER RESOLVED, that the Town Board concludes that the terms of the Franchise Renewal Agreement is reasonably comparable in its totality with the terms of the Agreement between the Town and Verizon NY, Inc., (Case # 08-V-1254, confirmed by the Commission on November 13, 2008), and does not contain economic or regulatory burdens which, when taken as a whole, are greater or lesser than those burdens placed upon the party to the other agreement, or any other cable television franchisee operating in the same franchise area; and, with regard to the provision of facilities and support for Public, Educational and Governmental Access are competitively neutral; and be it
FURTHER RESOLVED, that the Town Board hereby authorizes the Supervisor to enter into the Franchise Renewal Agreement with Cablevision Systems Westchester Corporation and to execute any other documents necessary to effectuate the granting of the franchise renewal on behalf of the Town.
7. ADVERTISE BID
TOWN PUBLICATIONS AND PRINTING PROJECTS
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 Friday, December 10, 2010 at
the Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598 for Town Publications and
Printing Projects for 2011.
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. AWARD
2011 FORD F550 4X4 TRUCK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
WHEREAS, bids were received on Wednesday, November 10, 2010 for a 2011 F550 4x4 Truck for the Environmental Conservation Department. Bids results are as follows:
Dealership Bid Price
Trius, Inc.
458 Johnson Avenue
Bohemia, NY 11716 No bid at this time
Park Ford Mahopac
276 Route 6
Mahopac, NY 10541 $47,100.00
Ford of Smithtown
440 East Jericho Turnpike
St. James, NY 11780 $43,951.00
Interstate Ford Truck Sales, Inc.
45 Brainard Road
Hartford, CT 06114 $45,855.00
Gabrielli Truck Sales Ltd.
880 South Oyster Bay Road
Hicksville, NY 11801 $49,737.00
Pleasantville Ford, Inc.
47 Pleasantville Road
Pleasantville, NY 10570 $46,370.80
RESOLVED, that upon the recommendation of the Superintendent of Environmental Conservation Patrick Lofaro, the bid for a 2011 Ford F550 4x4 Truck be awarded to Ford of Smithtown, the lowest responsive bidder.
9. RESOLUTIONS
Requests from the Engineering Department:
BOND RELEASE - #WP-124-04 – WILDWOOD STREET
WHEREAS, Yvonne Calderon Estevez, as applicant, heretofore filed an Erosion Control Bond in the sum of $300.00, which was deposited into the T33 Account on October 22, 2004, covering Wetland Permit #124-04, for work performed at 3690 Wildwood Street, 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 Ms. Yvonne Calderon Estevez, 3690 Wildwood Street, Yorktown Heights, NY 10598.
BOND RELEASE - #QP-045-09 – TEATOWN LAKE RESERVATION
WHEREAS, Teatown Lake Reservation, as applicant, heretofore filed a Wetland Bond in the amount of $500.00, which was deposited into the T33 Account on December 4, 2009, covering Wetland Permit #045-09, for work performed at the Spring Valley Road location, 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 wetlands 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 Teatown Lake Reservation, 1600 Spring Valley Road, Ossining, NY 10562.
BOND RELEASE - #WP-003-08 – SUSAN COURT
WHEREAS, Andrea Moffett, as applicant, heretofore posted Check No. 2850 in the amount of $300.00, which was deposited into the T33 Account on February 15, 2008, covering Wetland Permit #003-08, for work performed at her Susan Court 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 wetlands may be released, NOW THEREFORE BE IT
RESOLVED, that the above-described Wetland Bond in the amount of $300.00, be and is hereby released to Ms. Andrea Moffett, 2420 Susan Court, Yorktown Heights, NY 10598.
BOND RELEASE - #E-046-09-AMELIA DRIVE
WHEREAS, Joseph & Lisa Sorrenti, as applicants, heretofore posted Check No. 394 in the amount of $1,000.00, which was deposited into the T33 Account on October 23, 2009, covering Excavation Permit #046-09, for work performed at their Amelia Drive 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 $1,000.00 for erosion may be released, NOW THEREFORE BE IT
RESOLVED, that the above-described Erosion Bond in the amount of $1,000.00, be and is hereby released to Mr. & Mrs. Joseph Sorrenti 3248 Amelia Drive, Mohegan Lake, NY 10547.
BOND REPLACEMENT – VILLAGE TRADITIONS
WHEREAS, Timothy Mallon, as applicant and developer, provided the Town with Check #4476, in the amount of $132,380.00, to serve as the Performance Bond for the Village Traditions site Plan, located on Route 6, and
WHEREAS, Timothy Mallon, as applicant and developer, provided the Town with Check #4477, in the amount of $20,000.00, to serve as the Erosion Control Bond, and
WHEREAS, Timothy Mallon, as applicant and developer, provided the Town with Check #4478, in the amount of $12,190.00, to serve as the 8% Inspection Fee, and
WHEREAS, Timothy Mallon, as applicant, has requested the return of his Performance Bond, Check #4476 in the amount of $132,380.00, and has provided the Town with Platte River Insurance Company Subdivision Bond #41206724, in the amount of $132,380.00, to serve as the Performance Bond, and
WHEREAS, Timothy Mallon, as applicant, has requested the return of his Erosion Control Bond, Check #4477 in the amount of $20,000.00 and has provided the Town with Platte River Insurance Company Subdivision Bond #4120624 in the amount of $20,000.00, to serve as the Erosion Control Bond, NOW, THEREFORE BE IT
RESOLVED, that Platte River Insurance Company Subdivision Bond No. 41206723, in the amount of $132,380.00, is hereby accepted to serve as the Performance Bond, and BE IT FURTHER
RESOLVED, that Platte River Insurance Company Subdivision Bond No. 41206724, in the amount of $20,000.00, is hereby accepted to serve as the Erosion Control Bond for the Village Traditions Site Plan.
Requests from the Supervisor’s Office:
RESCIND BID AWARDS ON TWO AUCTION PARCELS
WHEREAS, The Town of Yorktown is the owner of two (2) properties located at the addresses listed below which were auctioned by the Town at the public auction held on September 29, 2010, and MD Anisuzzaman was the highest bidder for both parcels; and
WHEREAS on October 5, 2010 the town accepted MD Anisuzzaman’s bids for the parcels in Resolutions 452 and 453; and
WHEREAS, the Town postponed the closings on said parcels with the consent of Mr. Anisuzzaman and referred the parcels to the Advisory Committee on Open Space, and the ACOS has evaluated the parcels and recommends that the Town retain ownership and keep them in their natural condition;
NOW, THEREFORE BE IT RESOLVED that the Town Board does hereby rescind Resolutions 452 and 453, and rejects the bids of MD Anisuzzaman with respect to the two below-listed parcels, and be it further
RESOLVED that said parcels be and hereby are declared parkland.
Auction Parcel No. Sec/block/lot Street Address
1 59.10-2-13 Bronx Road
2 59.10-2-31 496 Vine Road
