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03/15/05 Town Board Meeting Minutes


MINUTES OF THE TOWN BOARD

March 15, 2005

Minutes of a regular meeting of the Town Board of the Town of Eastchester held on March 15, 2005, at 8:00 p.m., at the Town Hall, Eastchester, New York.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

Present: Supervisor Anthony Colavita

Councilman Rocco Cacciola

Councilwoman Vicki Ford

Councilwoman Sheila Marcotte

Town Clerk Linda Doherty

Town Attorney John Sarcone
Comptroller Ann Marie Berg

Absent Councilman Gary DelVecchio

  1. SPECIAL PRESENTATIONS

A) THE JIM DOODY FOUNDATION - 2ND ANNUAL JIM DOODY LUNCHEON FOR HOPE

Christine Doherty made a presentation to the Town Board regarding the 2nd Annual Jim Doody Luncheon to be held on June 12, 2005 at Lake Isle.

B) AMATEUR VIDEO CONTEST FOR THE COMMITTEE FOR THE DISABLED

Supervisor Colavita and Councilwoman Ford presented Certificates of Recognition to the winners of the Amateur Video Contest for the Committee for the Disabled.

1st Place - John Larkin, 17 years old

2nd Place - Kate Sullivan and Dana Barry, 14 years old

C) IRISH AMERICAN SOCIAL CLUB

Supervisor Colavita introduced the 1st Annual St. Patrick's Day Parade Committee co-chairman Tom Huvane and thanked him and the Committee for making the parade the great success that it was. Mr. Huvane individually thanked the members of the Committee for their contribution.

  1. OPPORTUNITY TO ADDRESS THE BOARD ON AGENDA ITEMS

Note to the reader: During the First Opportunity to Address the Board, residents are asked to limit their comments to Agenda Items. Frequently, a clarification or general question concerning an Agenda Item is requested. To benefit of the reader, the clarifications and additional information regarding a given Agenda Item will be included at the point when the Item is considered and discussed by the Town Board. All comments in favor or opposition to an Agenda Item will be included here.

Fred Moses, 29 Huntley Road, spoke in support of the re-appointment of the members of the Traffic and Safety Committee.

  1. APPOINTMENTS

A) RE-APPOINTMENT OF STEVEN ALTAMURA AS MEMBER AND CHAIRMAN OF THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 15, 2006

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to appoint Steven Altamura, 14 Elba Place, as Chairman of the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

B) RE-APPOINTMENT OF BEVERLY RICH TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 15, 2006

Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to appoint Beverly Rich, 15 Carrie Place, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

C) RE-APPOINTMENT OF JIM HENDRY TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 15, 2006

Councilman Cacciola offered a motion that was seconded by Supervisor Colavita to appoint Jim Hendry, 75 Tuckahoe Avenue, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

D) RE-APPOINTMENT OF DR. ELLIOT SENDEROFF TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 16, 2006

Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to appoint Dr. Elliot Senderoff, 26 Country Club Road, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

E) RE-APPOINTMENT OF VINCE STANLEY TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 16, 2006

Councilwoman Ford offered a motion that was seconded by Supervisor Colavita to appoint Vincent Stanley, 197 Lincoln Place, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

F) RE-APPOINTMENT OF WALTER BURKE TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 15, 2006

Councilwoman Ford offered a motion that was seconded by Supervisor Colavita to appoint Walter Burke, 34 Highland Avenue, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

G) RE-APPOINTMENT OF THOMAS ANDRUSS TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 15, 2006

Councilwoman Marcotte offered a motion that was seconded by Councilman Cacciola to appoint Tom Andruss, 6 Shady Lane, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

  1. RE-APPOINTMENT OF PHILIP ALLISON TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 -

MARCH 15, 2006

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to appoint Philip Allison, 283 Marbledale Road, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

I) RE-APPOINTMENT OF ROBERT NICOLAIS TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 15, 2006

Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to appoint Robert Nicolais, 10 Wildway, to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

Ia) RE-APPOINTMENT OF CHARLES GALANEK TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE MARCH 15, 2005 - MARCH 15, 2006

Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to appoint Charles Galanek, 21 Potter Place, as the Alternate Member to the Traffic and Safety Advisory Committee effective March 15, 2005 to March 15, 2006.

  1. RE-APPOINTMENT OF WALTER O. LINDSTROM TO THE BOARD OF ASSESSMENT REVIEW EFFECTIVE MARCH 15, 2005 - SEPTEMBER 30, 2009

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to re-appoint Walter O. Lindstrom, 235 Garth Road, to the Board of Assessment Review effective March 15, 2005 to September 30, 2009.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

K) APPOINTMENT OF MARY ANN COYLE TO THE LIBRARY BOARD OF TRUSTEES EFFECTIVE MARCH 15, 2005 - DECEMBER 31, 2009

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to appoint Mary Ann Coyle, 16 Darcy Lane, to the Library Board of Trustees effective March 15, 2005 to December 31, 2009.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

  1. APPOINTMENT - LAKE ISLE GOLF STARTER

Per a request from Comptroller Berg, Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to rehire for a nine-month seasonal appointment Richard Anthony as Golf Starter at Lake Isle, effective March 26, 2005 at a salary of $27,914.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

M) APPOINTMENT - LAKE ISLE PARKS GREENSKEEPER

Per a request from Comptroller Berg, Councilwoman Ford offered a motion that was seconded by Supervisor Colavita to approve the probationary appointment of Rafael Guzman of 8 Chestnut Avenue, White Plains, NY to the nine-month position of Parks Greenskeeper at Lake Isle, effective March 18, 2005 at an annual salary of $24,415.00 (CSEA Group B, Step 1). Mr. Guzman has worked as a seasonal employee at Lake Isle since April of 2004, and he will be replacing Mr. Anthony Reino.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

N) APPOINTMENT - PARKS & BUILDING MAINTENANCE DEPT.

Per a request from Comptroller Berg, Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to approve the probationary appointment of Patrick Annetta of 126 Parkview Drive, Bronxville, NY to the position of Laborer in the Parks and Building Maintenance Department, effective March 18, 2005 at an annual salary of $35,476 (CSEA Group E, Step 1). Mr. Annetta has worked for the Town as a part time employee since November 2004 and will be filling the vacancy made when Richard Tegan resigned on September 30, 2004.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

  1. APPOINTMENT OF KAREN CIRILLO TO THE TOWN CENTER COMMITTEE EFFECTIVE MARCH 15, 2005

Per a recommendation from Supervisor Colavita, Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to appoint Karen Cirillo, 20 Crosshill Road, to the Town Center Committee effective March 15, 2005. Mrs. Cirillo is currently serving as the President of the Eastchester Beautification Committee.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

  1. APPROVAL OF MINUTES

A) APPROVAL OF MINUTES OF THE MARCH 1, 2005 TOWN BOARD MEETING

Councilman Cacciola offered a motion that was seconded by Supervisor Colavita to approve the minutes of the Town Board Meeting of March 1, 2005.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

  1. REPORTS OF DEPARTMENTS, BOARDS AND COMMISSIONS

A) POLICE DEPARTMENT REPORT

The Board reviewed and approved for filing reports for February 2005: Statement of Accounts, Parking Summonses, Citation Activity Report, Patrol Activity Report, Traffic Accident Report and the Detective Report.

Police Chief Speidell, with spring approaching, reminded the public of the new helmet law that requires anyone 18 years of age, or younger, to wear a helmet while riding a bike or skateboard.

B) LAW DEPARTMENT

1) RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE AND DELIVER THE LAKE ISLE MANAGEMENT ANNUAL AGREEMENT BETWEEN THE TOWN OF EASTCHESTER AND GSP MANAGEMENT CORP.

Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve a RESOLUTION authorizing the Supervisor to execute and deliver the Lake Isle Management Annual agreement between the Town of Eastchester and GSP Management Corp. for a period of one year commencing April 1, 2005 and expiring March 31, 2006. The total cost of the contract is $236,331.24, payable in twelve consecutive monthly payments of $19,694.27.

Supervisor Colavita explained that, as is practice, the 3% increase to the contract is comparable to the increase included in the CSEA contract.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

2) INTRODUCTION OF A PROPOSED LOCAL LAW PROVIDING FOR THE AMENDMENT TO LOCAL LAW NO. 3 - 1976, ADOPTED ON JULY 6, 1976, KNOWN AS THE PRIVATE CARTERS LAW WITHIN THE UNINCORPORATED TOWN OF EASTCHESTER AND TO SET A DATE FOR A PUBLIC HEARING

Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to approve the INTRODUCTION of a proposed local law providing for the Amendment to Local Law No. 3 - 1976, Adopted on July 6, 1976, Known as the “Private Carters Law” within the unincorporated Town of Eastchester, and to set a date for a public hearing for April 5, 2005.

LOCAL LAW NO. 10 - 2005, A LOCAL LAW PROVIDING FOR THE AMENDMENT OF LOCAL LAW NO. 3 - 1976 OF THE TOWN OF EASTCHESTER, ADOPTED ON JULY 6, 1976 KNOWN AS THE TOWN OF EASTCHESTER “PRIVATE CARTERS LAW,”

Be it enacted by the TOWN BOARD of the TOWN OF EASTCHESTER as follows:

ARTICLE I

Section 1.

All private refuse, waste and rubbish collection vehicles to be licensed:

  1. No collection vehicles, other than those owned by the Town shall make collections in the unincorporated area of the Town of Eastchester unless a license is procured for each as hereinafter provided.

  1. The Town Clerk shall accept applications for the licensing of each private collection vehicle and such sworn and notarized applications shall contain, but not be limited to the following:

  1. Name and address of owner of subject vehicle.

  1. If vehicle is owned by other than an individual person, the name and address of the firm, partnership, corporation or other. If corporation, indicate state in which incorporated or chartered and date of such official recognition.

  1. Full names, addresses and Social Security Numbers, dates of birth of all owners, officers, partners, managers, members of Board of Directors and holders of ten percent (10%) or more of the outstanding stock or indebtedness of such firm.

  1. Whether applicant or any of the above named have ever been convicted of any crime or offense other than a traffic violation, and if so, that person's name, the charge, jurisdiction, date and disposition of each offense.

  1. Whether any of those named in four (4) above is, or has been, affiliated in any way with any other refuse, waste or rubbish collection firm, and if so, with whom and how.

  1. Whether any of those listed in four (4) above have ever been denied a license for the purpose of refuse, waste or rubbish collection, and if so, whom, the jurisdiction and date.

  1. The make, year, model of chassis, body style, covering and color of subject vehicle.

  1. The current New York State registration and plate numbers of subject vehicle (if registration and/or plate numbers change during the period for which the vehicle is licensed, this change shall be reported, in writing to the Town Clerk within 48 hours of such occurrence).

  1. The expiration date of vehicle registration.

  1. Unladen and maximum gross weight of vehicle.

  1. The routes on which the vehicle will operate within the Town.

  1. The approximate volume and tonnage the vehicle will handle per day.

  1. A list of the present customers (with addresses) which will be serviced by the vehicle within the Town.

  1. The hours and days during which the vehicle will normally operate within the Town.

  1. Disposal site or sites used or planned.

  1. Garage or lot location where such vehicle is normally stored.

  1. Name of vehicle insurance carrier, policy number and expiration date.

  1. Certificate of Employee Disability Insurance number.

  1. The forms to be supplied by the Town Clerk for the application hereto set forth, shall be completely executed by the applicant and verified; and such license, if approved, shall be for the calendar year in which the license is issued.

  1. If any application for a license contains any false or misleading statement or omits to disclose any pertinent information, such false statement or omission shall be cause for denial of the application or immediate revocation of any license presently in effect.

  1. This license is not transferable except when current New York State vehicle registration is transferred to another vehicle and then only when notification is made to the Town Clerk prior to the transfer and subject vehicle has been approved by the Superintendent of Highways.

  1. All applications must be reviewed by the Town Attorney, the Chief of Police, and the Superintendent of Highways before a license may be issued by the Town Clerk.

  1. The Chief of Police may investigate the truth of the statements contained in the application for a license, as well as the character and criminal record, if any, of every individual where name is set forth on the license application. After completing such investigation, the Chief of Police may transmit to the Town Clerk his/her written report.

Applicant and officers must make themselves available to the Chief of Police or his duly authorized agent for interview if requested.

  1. Fee for licensing of each vehicle under application shall be required upon submission of said application in the amount of five hundred ($500.00) dollars for the first vehicle and one hundred ($100.00) dollars for each additional vehicle for the calendar year or any part thereof. The fee for any license not approved shall be returned, minus a one hundred ($100.00) dollar service and handling charge.

  1. Licenses shall not be renewed, but rather a new application must be made each year and license fee paid as above.

  1. The Town Clerk shall issue a replacement license for one which has been lost or destroyed, upon the filing of a required affidavit, payment of the fee of ten ($10.00) dollars and approval of the Chief of Police and Superintendent of Highways.

  1. The license to be issued by the Town Clerk shall be prominently displayed on the lower right corner of the left front access door not more than three (3”) inches from the vertical and horizontal edges.

  1. Certificate of Insurance with the Town of Eastchester endorsed on certificate as Co-Insured/Additional or Named Insured. General Liability Insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $2,000,000. The insurance shall indicate on the certificate of insurance the following coverages:

i. Premises - Operations;

ii. Broad Form Contractual;

iii. Independent Contractor and Sub-Contractor

iv. Products and Completed Operations.

Section 2. Regulations for operation of private refuse, waste and rubbish collection vehicles.

  1. It shall be unlawful to dispose of any refuse collected within the unincorporated area of the Town of Eastchester at any location other than that so designated by the Town Board.

  1. Private collection vehicles shall operate only between the hours of 8:00 A.M. to 7:00 P.M., Mondays through Fridays excluding Holidays as otherwise provided.

  1. No collections whatsoever shall be made on the following Holidays:

New Year's Day Labor Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

  1. Garbage collection vehicles shall be completely enclosed and water-tight.

  1. Rubbish collection vehicles wherein no garbage is transported may be of an open refuse collection type, provided such vehicles are fitted with a suitable canvas or other cover to prevent any material from it being discharged while such vehicles are in transit.

  1. Collections are to be made in such manner as not to permit debris, litter and the like to fall upon property, public or private, or upon any highway within the Town.

  1. Vehicles designed or known as rear loaders, or rear load packers, shall be completely closed in transit, either by use of the exterior closing door mechanism or by having all refuse compacted between the pushout blade and packer blade.

  1. All accessory doors including the main loading door shall be closed in travel on public highways unless the subject vehicle is engaged in a continuous servicing of adjacent structures on said highway.

  1. Collection vehicles shall be subject to inspection at any time by authorized representatives of the Highway Department or Peace Officers of the Town, for the purpose of enforcement of this law. All licensed firms or their employees shall be required to give aid and cooperation when requested to do so by such Town personnel in the performance of the enforcement of this law.

  1. Where, as required by the collection practice, containers of one cubic yard or more are used, such containers must prominently display name and address of the individual or firm owning such container. Containers must have covers and must be covered at all times. Containers must be kept clean and sanitary at all times.

  1. All collection vehicles shall be properly identified by the person owning such vehicles including name and address and shall be kept clean and sanitary both inside and out.

ARTICLE II

Section 1. Enforcement of the Law

By virtue of the adoption of this law, the Superintendent of Highways and the Police Department of the Town of Eastchester shall be empowered to enforce the prohibitions and regulations under all sections of this law.

Section 2. Penalties for Violations

The violation of any provision of this law shall be an offense against the law which shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars or imprisonment for a period not exceeding ten (10) days for each such offense, or by both fine and imprisonment and each day that such violation shall be permitted to exist shall constitute a separate offense, except that any violation of ARTICLE I, SECTION 2 herein shall in addition to the above penalties, subject the violator to suspension or revocation of the license issued pursuant to ARTICLE I, SECTION 1 herein.

Section 3.

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the town governing body of the Town of Eastchester hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 4.

All Ordinances, Local Laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 5.

This Local Law shall take effect immediately upon filing in the Office of the Secretary of State in accordance with section twenty-seven of the Municipal Home Rule Law.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

3) RESOLUTION AUTHORIZING THE ISSUANCE OF $25,000.00 BONDS OF THE TOWN OF EASTCHESTER TO FINANCE THE COST OF THE ACQUISITION OF A TWO TON HOT BOX FOR USE BY THE DEPARTMENT OF HIGHWAY IN AND FOR THE TOWN

Supervisor Colavita explained that the Town currently uses a one-ton hot box, an apparatus utilized in filling potholes. It is 30 years old and beyond repair.

Superintendent of Highways Bonhag requested that the Town Board consider purchasing a `asphalt reclaimer' rather than a `hot box.' A discussion between Supervisor Colavita, Councilman Cacciola and Mr. Bonhag included various aspects of each machine.

The hot box is available in various sizes, including two ton. The cost of the two-ton hot box is approximately $25,000. Prior to usage, the hot box is taken to an asphalt plant for pick-up. When the patching work is completed, all remaining asphalt is discarded. It cannot be used in cold weather, as the asphalt plants are closed. During the winter months repairs must be made with a `cold-patch,'' which are removed and re-repaired once the asphalt plants re-open.

The asphalt reclaimer is available in a four-ton size only. The cost of the reclaimer is approximately $40,000. The reclaimer, like the hot box, is filled with asphalt at the plant and used to repair potholes. When the patching work is completed, the remaining asphalt is not discarded. It is removed from the reclaimer, and as it is needed, put back into the machine, heated and `reclaimed' for use at any time of the year. Road repairs can be made during the winter months with a reclaimer.

Councilman Cacciola stated that one of the advantages to the reclaimer is in the ability to stockpile asphalt and save trips to the plant, increasing the efficiency of both the machine and the men's time.

In addition, Superintendent of Highways Bonhag added that the purchase of the reclaimer would allow patching to be completed year round and eliminate the need to cold patch potholes. Mr. Bonhag reported that cold patching costs four times the amount of hot patching, offering long-term savings to the Town. The reclaimer is not available in the two-ton size.

Supervisor Colavita stated that the Town had used a one-ton hot box for 30 years and may not need a machine that holds four tons of asphalt and noted the price difference between the two options. The Supervisor suggested that the Town Board take an opportunity to research and review this purchase further.

There was a discussion that the decision must be made in a timely manner as the Town is currently operating without a hot box and the need to replace the cold patches is approaching.

Supervisor Colavita suggested that the Town Board meet at a Special Town Board Meeting within the next few days to make the decision.

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to Table the matter, including Agenda Item IX. D.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

4) RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN THE REVISED CONSULTING AGREEMENT BETWEEN THE TOWN OF EASTCHESTER AND RESOURCE INSIGHT, INC. THAT INCLUDES SHARED EXPENSES WITH THE CITY OF NEW ROCHELLE REGARDING THE UNITED WATER 2004 RATE INCREASE CHALLENGE

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the Supervisor to sign the revised consulting agreement between the Town of Eastchester and Resource Insight, Inc. that includes shared expenses with the City of New Rochelle regarding the United Water 2004 Rate Increase Challenge. The total cost to the Town of Eastchester is not to exceed $20,000.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

C) HIGHWAY DEPARTMENT REPORT

Superintendent of Highways Bonhag reported that additional signage would be installed at the crosswalk at the Post Office to assist pedestrian traffic.

Mr. Bonhag reported that a preliminary design had been prepared by Westchester County to add a turn lane at the intersection of California Road and Mill Road. The lane would allow northbound traffic on California Road to make a right turn (east) onto Mill Road. It is estimated that six feet of the park with be needed for the improvement.

Mr. Bonhag requested that the Town Board authorize a structural engineer to inspect the garage at the Highway yard to determine what areas are safe for employees and equipment. Mr. Bonhag invited the Town Board to tour the building. Supervisor Colavita responded that the Building Inspector would inspect the building.

  1. EVAC REPORT

Supervisor Colavita reviewed the February 2005 EVAC Report of calls for assistance. There were a total of 111 calls, 18 in Tuckahoe, 19 in Bronxville, 73 in the unincorporated area of Eastchester and 1 out of town calls.

E) BUILDING DEPARTMENT REPORT for February 2005 was received and filed.

F) LIBRARY REPORT for September was received and filed.

  1. TOWN CLERK'S REPORT for February 2005 was received and filed.

In addition, Town Clerk Linda Doherty reported that the Westchester County Board of Elections had provided the Town with the Canvass of the Vote for the 2004 Presidential Election. A total of 16,782 residents went to the polls. President Bush received 54%, Senator Kerry 45% with all others receiving 1% of the vote. According to Board of Election registration numbers, as of Election Day there were 21,036 registered voters in Eastchester. Therefore, the turnout rate for the Presidential Election was 80%.

H) RECEIVER OF TAXES REPORT for February 2005 was received and filed.

  1. CORRESPONDENCE

A) MEMORANDUM FROM COMPTROLLER RE: 2004 BUDGET REVISIONS

Per a request from Comptroller Berg, Councilman Cacciola offered a motion that was seconded by Supervisor Colavita to approve the following 2004 Townwide Budget Revisions:

INCREASE:

Health Insurance A9000.806 45

INCREASE:

App. Fund Balance A00599 45

INCREASE:

Transfer to Capital A9950.900 125,723

Transfer to Capital B9950.900 5,377

Transfer to Capital R9950.900 3,900

INCREASE:

Transfer in Capital H05031 135,000

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

B) MEMORANDUM FROM COMPTROLLER RE: 2005 BUDGET TRANSFERS/REVISIONS

Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the following 2005 Budget Transfers and Budget Revisions:

BUDGET REVISIONS

HIGHWAY

INCREASE:

Winter Abrasives D5110.438 34,000

INCREASE:

App. Fund Balance DB00599 34,000

BUDGET TRANSFERS

ASSESSOR

FROM:

Salaries/ P.T./Seasonal A1355.102 10,000

TO:

Overtime A1355.103 10,000

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

C) MEMORANDUM FROM COMPTROLLER RE: PERSONNEL APPOINTMENTS - SEASONAL

Per a request from Comptroller Berg, Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to approve the following list of Seasonal Appointments:

NAME

TITLE

RATE

PER

APPT.

TYPE

DEPT.

EFF. DATE

Anthony, Richard J.

Golf Ranger

7.75

Hr.

Seasonal

LI

3/16/05

Anzalone, Daniel

Rec. Attendant

7.25

Hr.

Seasonal

LI

3/16/05

Bendezu, Francisco

Rec. Attendant

9.25

Hr.

Seasonal

LI

3/16/05

Bendezu, Teresa

Rec. Attendant

11.00

Hr.

Seasonal

LI

3/16/05

Bertorelli, Robert

Maintenance Laborer

9.75

Hr.

Seasonal

LI

3/16/05

Boniello, Carlo

Golf Ranger

7.50

Hr.

Seasonal

LI

3/16/05

Callahan, Andrew

Clerk

19.00

Hr.

Seasonal

LI

3/16/05

Callaro, Gregory

Rec. Attendant

6.25

Hr.

Seasonal

LI

3/16/05

Callaro, Jeffrey

Maintenance Laborer

8.25

Hr.

Seasonal

LI

3/16/05

Camporeale, Nicholas

Golf Ranger

8.00

Hr.

Seasonal

LI

3/16/05

Cirasella, Joseph

Rec. Attendant

6.75

Hr.

Seasonal

LI

3/16/05

D'Aloisio, Anthony

Rec. Attendant

9.25

Hr.

Seasonal

LI

3/16/05

Denti, Albert

Golf Ranger

8.50

Hr.

Seasonal

LI

3/16/05

DiRienzo, Vito

Golf Starter

10.25

Hr.

Seasonal

LI

3/16/05

Doherty, Matthew

Rec. Attendant

6.75

Hr.

Seasonal

LI

3/16/05

Donohue, Maureen

Golf Starter

10.25

Hr.

Seasonal

LI

3/16/05

Doyle, Michael

Golf Ranger/Starter

10.25

Hr.

Seasonal

LI

3/16/05

Funicello, Anthony

Rec. Attendant

13.25

Hr.

Seasonal

LI

3/16/05

Gateson, Joshua

Maintenance Laborer

8.25

Hr.

Seasonal

LI

3/16/05

Gaudio, Anthony

Rec. Attendant

8.00

Hr.

Seasonal

LI

3/16/05

Guest, Charles

Maintenance Laborer

8.50

Hr.

Seasonal

LI

3/16/05

Hakissian, Hagop

Golf Ranger

8.25

Hr.

Seasonal

LI

3/16/05

Herbert, Lance

Maintenance Laborer

11.75

Hr.

Seasonal

LI

3/16/05

Huber, Eugene

Golf Ranger

8.25

Hr.

Seasonal

LI

3/16/05

Ioannidis, George

Rec. Attendant

7.50

Hr.

Seasonal

LI

3/16/05

LaMura, Joseph

Golf Ranger

7.25

Hr.

Seasonal

LI

3/16/05

Lindstrom, Walter

Golf Starter

21.00

Hr.

Seasonal

LI

3/16/05

Liscio, Michael

Golf Ranger

8.25

Hr.

Seasonal

LI

3/16/05

Mcloone, Kaitlin

Rec. Attendant

6.50

Hr.

Seasonal

LI

3/16/05

McDevitt, William

Maintenance Laborer

8.50

Hr.

Seasonal

LI

3/16/05

Mezzone, Joseph

Golf Starter

10.25

Hr.

Seasonal

LI

3/16/05

Oliva, George

Golf Ranger

9.00

Hr.

Seasonal

LI

3/16/05

Pavone, Michael

Rec. Attendant

8.25

Hr.

Seasonal

LI

3/16/05

Perrine, Alfred

Golf Ranger

8.25

Hr.

Seasonal

LI

3/16/05

Pezzella, Frank

Golf Ranger

8.25

Hr.

Seasonal

LI

3/16/05

Rudin, Irwin

Golf Ranger

8.00

Hr.

Seasonal

LI

3/16/05

Sala, Anthony

Golf Ranger

8.50

Hr.

Seasonal

LI

3/16/05

Santiago, Dominic

Rec. Attendant

9.25

Hr.

Seasonal

LI

3/16/05

Scacchi, Arnold

Golf Ranger

9.00

Hr.

Seasonal

LI

3/16/05

Stipicevic, John

Rec. Attendant

8.25

Hr.

Seasonal

LI

3/16/05

Stirpe, Angelo

Golf Ranger

8.50

Hr.

Seasonal

LI

3/16/05

Willim, Christopher

Maintenance Laborer

8.25

Hr.

Seasonal

LI

3/16/05

Zanzano, Joseph

Rec. Attendant

6.50

Hr.

Seasonal

LI

3/16/05

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

D) MEMORANDUM FROM COMPTROLLER RE: 2005 CAPITAL REQUEST - tabled

E) MEMORANDUM FROM LAKE ISLE GENERAL MANAGER RE: 2005 SEASON TENNIS INDEPENDENT CONTRACTOR AGREEMENT

Per a request from George Papademetriou, Lake Isle General Manager, Councilwoman Ford offered a motion that was seconded by Councilwoman Marcotte to approve and authorize Supervisor Colavita to enter into the agreement for the independent contractor services of Kela Simunyola, the tennis pro, for the 2005 season at Lake Isle. There will be a 3% increase to the base payment amount of $27,209 to $28,025.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

F) MEMORANDUM FROM LAKE ISLE GENERAL MANAGER RE: 2005 SEASON GOLF INDEPENDENT CONTRACTOR AGREEMENT

Per a request from George Papademetriou, Lake Isle General Manager, Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve and authorize Supervisor Colavita to enter into the agreement for the independent contractor services of David C. Stevenson Golf Professional Inc. for the administration of the Lake Isle golfing operations for the 2005 season. There will be a 3% increase to the base payment amount of $85,244 from last year. The 3% commission of golf related fees remains the same.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

G) MEMORANDUM FROM THE SUPERVISOR RE: GREENWAY COMMUNITIES GRANT PROGRAM - TOWN CENTER DESIGN GUIDELINE HANDBOOK FOR BUILDING FACADES AND SIGNS

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the following Resolution:

WHEREAS, the Town of Eastchester, is applying to the Hudson River Valley Greenway for a grant under the 2005 Greenway Conservancy for the Hudson River Valley Annual Grant Program for a project entitled Town Center Design Guideline Handbook for Building Facades and Signs to be located in the Town of Eastchester,

WHEREAS, the grant application requires the applicant municipality to obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”;

NOW, THEREFORE, be it resolved that the governing board of The Town of Eastchester hereby does approve and endorse the application for a grant under the 2005 Greenway Conservancy for the Hudson River Valley Annual Grant Program, for a project known as Town Center Design Guideline Handbook for Building Facades and Signs and located within the community.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

  1. MEMORANDUM FROM THE SUPERVISOR RE: GREENWAY COMMUNITIES GRANT PROGRAM - TOWN CENTER STREETSCAPE

Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve the following Resolution:

WHEREAS, the Town of Eastchester, is applying to the Hudson River Valley Greenway for a grant under the 2005 Greenway Conservancy for the Hudson River Valley Annual Grant Program for a project entitled Town Center Streetscape Furniture to be located in the Town of Eastchester,

WHEREAS, the grant application requires the applicant municipality to obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”;

NOW, THEREFORE, be it resolved that the governing board of The Town of Eastchester hereby does approve and endorse the application for a grant under the 2005 Greenway Conservancy for the Hudson River Valley Annual Grant Program, for a project known as Town Center Streetscape Furniture and located within the community.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

I) MEMORANDUM FROM THE SUPERVISOR RE: GABRIEL SENOR, P.C.

On August 26, 2004, the Town Board authorized Gabriel E. Senor, P.C. Engineers - Planners - Surveyors, 90 North Central Park Avenue, Hartsdale, NY  10530 to survey Haindl Field at a cost of $3,500.00. Per a request from Supervisor Colavita, Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to authorize an additional $700 be paid to Gabriel E. Senor, P.C. for additional field work and utility services.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

J) MEMORANDUM FROM THE SUPERVISOR RE: LAKE ISLE GOLF COURSE - EASTCHESTER UNION FREE SCHOOL DISTRICT

Per a request from Supervisor Colavita, Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to approve the use of Lake Isle Golf Course for the Eastchester Union Free School District golf practices and matches for the 2005 spring season.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

K) MEMORANDUM FROM THE SUPERVISOR RE: LAKE ISLE GOLF COURSE - TUCKAHOE UNION FREE SCHOOL DISTRICT

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve the use of Lake Isle Golf Course for the Tuckahoe Union Free School District golf practices and matches for the 2005 spring season.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

L) MEMORANDUM FROM SUPERVISOR RE: COMMITTEE FOR PERSONS WITH DISABILITIES/ASSESSMENT TRANSITION PLAN

Per a request from Supervisor Colavita, Councilwoman Ford offered a motion that was seconded by Councilwoman Marcotte to take under advisement the Committee for Persons with Disabilities' recommendation that an assessment be conducted of Eastchester programs and facilities as well as the creation of a transition plan with regard to ADA compliance.

On the roll call, all voted "AYE," except Councilman DelVecchio who was ABSENT. Motion carried.

  1. MISCELLANEOUS BUSINESS - none

  1. COUNCIL MEMBER REPORTS

Councilwoman Ford reported that after two years of effort a Memorandum of Agreement had been prepared in establishing the Intermunicipal Bronx River Watershed Advisory Committee. Mrs. Ford indicated that she would keep the residents of Eastchester informed on the Committee's efforts in improving the Bronx River.

Councilman Cacciola reported that over 450 children had participated in the Eastchester Instructional Basketball League.

Councilwoman Marcotte reported that the Cable Committee would be meeting with executives from Cablevision to go over final contract drafts and review the addendum.

Councilwoman Marcotte announced the upcoming Easter Egg Hunts in Eastchester and Tuckahoe. The Tuckahoe Egg Hunt is sponsored by the Tuckahoe Business Advisory Council.

In conclusion, Mrs. Marcottte announced that the Eastchester Arts Council would be sponsoring an art show featuring works of local artists.

With regard to the Town Center Project, Supervisor Colavita reported that he, Marvin Spector, engineering coordinator and engineer Rudy Petricelli met with Rich Mariani from Con-Ed to discuss the plan to remove the telephone polls from the Town Center and bury the cables underground.

Supervisor Colavita announced that the preliminary plans for the project, currently being reviewed by the State Department of Transportation would be presented a public workshop over the next weeks.

  1. SECOND OPPORTUNITY TO ADDRESS THE BOARD

Fred Moses, 29 Huntley Road, reiterated his position that the Beautification Committee is not open for public comment or new ideas. Supervisor Colavita stated that the Committee is currently conducting a membership drive and planning new activities and suggested that Mr. Moses join. Councilman Cacciola stated that the Committee served in an advisory position offering their opinion to the various Boards, just as members of the public are invited and encouraged to do.

Mr. Moses reiterated his commitment to donate oak trees to the Town for planting on Frey Drive.

David Levy, 220 Hillside Place, suggested that the Town attempt to acquire a used two-ton reclaimer (no longer available). Mr. Levy stated that the widening of California Road at Mill Road would reduce the size of the small park that is currently located in the area.

Mr. Levy asked the Law Department to review the current contract between the Town and Carf Caterers.

Supervisor Colavita responded that public safety must be considered and that there had been several fatalities at the intersection. While the aesthetic of the corner would remain a consideration, safety must be the priority.

In closing, Mr. Levy asked for an update as to the status of the Gold Star Mother's Monument. Supervisor Colavita responded that when he and Councilman Cacciola had met with representatives of the various Veterans Posts to discuss the Memorial Day Parade, they indicated that they were in the process of finalizing the design of the monument.

Norman Zelvin, 3 Douglas Place, discussed the advantages of planting a variety of tree species, as disease cannot wipe out an entire population.

Mary Smith announced the following two upcoming meetings: the Eastchester Advisory Committee for Persons with Disabilities' next public meeting would be March 21 (7-9 PM) at the Eastchester Public Library Meeting Room. All persons with disabilities, caregivers, and the general public are invited to attend and share suggestions and concerns. Supervisor Anthony Colavita and Town Council members will discuss ADA compliance in Eastchester and other matters of interest.

The Eastchester Advisory Committee for Persons with Disabilities will meet with Assemblywoman Amy Paulin, Saturday April 2 (10AM-12:00) at the Tuckahoe Community Center. Assemblywoman Paulin heads up a Task Force on Disabilities. Persons with disabilities, caregivers and the public are invited to attend and discuss concerns and suggestions for enabling the disabled in the Town of Eastchester.

In addition, Mrs. Smith thanked the Town Board for their support and acknowledgement that the Town is in need of a Transition Plan.

Peter DeFelice, 24 Channing Place, referenced an incident that occurred in Atlanta in which a defendant overtook a courthouse guard and asked about the safety procedures employed by the Town Court. Councilman Cacciola responded two or three Police Officers accompany shackled defendants from the holding cell to court when necessary.

Charlie Galanek, 21 Potter Place, suggested, with regard to the decision to purchase a hot box vs. a reclaimer, that a STP (Standard Operating Procedure) for each be created to determine which is more efficient.

There being no further public comment, the meeting was adjourned at 10:15 p.m.

Minutes prepared by:

Linda Doherty

Town Clerk

19

Created by ldoherty. Last modified 2005-04-06 09:09:03.


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