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06/07/05 Town Board MeetingMINUTES OF THE TOWN BOARD June 7, 2005
Minutes of a regular meeting of the Town Board of the Town of Eastchester held on June 7, 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 Councilman Gary DelVecchio Councilwoman Vicki Ford Councilwoman Sheila Marcotte
Town Clerk Linda Doherty Comptroller Ann Marie Berg Town Attorney John Sarcone
A) EASTCHESTER POLICE OFFICERS UNION SCHOLARSHIPS
Police Officers Meyer, Denning and Mignone presented each of the following students with a $1000 Eastchester Officers Union Scholarship: from Eastchester High School, Jessica DeBruin, Andrei Kurochkin, John Larkin, Katherine Leonard, Frank Leonardo, Maura O'Loughlin, Daniel Reino and Anthony Vitiello and from Tuckahoe High Shool: Harold Alexander, Anthony Attinello, Jessica Bretney, Nathaniel Miller and David Osit.
B) BRONXVILLE WOMENS CLUB TO CITIZEN CORP
The Bronxville Women's Club presented the proceeds of their Woman of the Year Dinner, a total of $9,275, to the Citizen Corp in the name of their honoree, Councilwoman Vicki Ford.
Eastchester Police Officer Anthony Cesarini thanked the public for their participation in the 1st Annual Jerry Cesarini Golf Outing. Officer Cesarini stated that the event had been a great success and reminded the public of the years of service, both to the Police Department and to the youth sports leagues in Town, his father had given to the Town. Officer Cesarini stated that his family had originated in New Rochelle, but through his father's lifetime of service, he had made Cesarini an Eastchester name.
Supervisor Colavita congratulated the Cesarini Family on the success of the Golf Outing.
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.
David Levy, 220 Hillside Place, spoke in opposition to purchasing a highway truck and suggested that an old vehicle be refurbished instead.
Peter DeFelice, 24 Channing Place, requested, with regard to the Agenda Items proposing the issuance of bonds, that the amount to be bonded be included on the public agenda.
A) APPOINTMENT OF FLORENCE KOOLURIS TO THE COMMITTEE FOR THE DISABLED EFFECTIVE JUNE 7, 2005 - DECEMBER 31, 2005
Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve the appointment of Florence Kooluris, 106 Tanglewylde Avenue, Bronxville to the Committee for the Disabled effective June 7, 2005 - December 31, 2005.
On the roll call, all voted "AYE." Motion carried.
B) APPOINTMENT OF JOHN REILLY AS AN ALTERNATE TO THE TRAFFIC AND SAFETY ADVISORY COMMITTEE EFFECTIVE JUNE 7, 2005 - MARCH 16, 2006
Councilman DelVecchio offered a motion that was seconded by Councilwoman Marcotte to appoint John Reilly, 60 Dale Road, Eastchester as an alternate to the Traffic and Safety Advisory Committee effective June 7, 2005 - March 16, 2006.
On the roll call, all voted "AYE." Motion carried.
C) APPOINTMENT OF POLICE SERGEANT
Per the recommendation of Acting Police Chief Tim Bonci, Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to appoint Police Officer Jeffrey Hunter, 49 Sylvan Avenue, Tuckahoe to the position of Police Sergeant effective June 17, 2005 at an annual salary of $87,962, $4044 in holiday pay and $1000 for longevity. Police Officer Hunter's name appears on eligible list #88-052 established October 29, 2001.
Acting Chief Bonci reported that he and the Town Board had interviewed five highly qualified individuals for the position and called Officer Hunter's leadership qualities an asset to the Police Department.
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita spoke in agreement to the high caliber of candidates interviewed for the Police Sergeant position, noting the commitment of the candidates both on and off duty. Supervisor Colavita congratulated Officer Hunter on his promotion.
Councilman Cacciola congratulated the entire Hunter Family and thanked them for their long service to the community.
Councilwoman Ford thanked Officer Hunter for sharing his Master Thesis, The Evolution of the NYPD's COMSTAT Management Model and Its Application to Smaller Police Departments with the Town Board.
Councilwoman Marcotte congratulated each of the five candidates for their outstanding qualifications.
Supervisor Colavita recognized former Police Chief Speidell and recognized Officer Hunter.
Officer Hunter thanked Supervisor Colavita and the Town Board for the opportunity to better serve the community. Jeff thanked his family and friends for their support and recognized his father, former Police Lt. Detective Bob Hunter, as his role model. Officer Hunter stated his pride in being the 5th member of the Hunter Family to be promoted to the rank of Sergeant in the past 50 years.
A) APPROVAL OF MINUTES OF THE MAY 18, 2005 TOWN BOARD MEETING
Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve the Minutes of the May 18, 2005 Town Board Meeting as prepared by Town Clerk Linda Doherty.
On the roll call, all voted "AYE." Motion carried.
B) APPROVAL OF MINUTES OF THE MAY 23, 2005 SPECIAL TOWN BOARD MEETING
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the Minutes of the May 23, 2005 Town Board Meeting as prepared by Town Clerk Linda Doherty.
On the roll call, all voted "AYE." Motion carried.
C) APPROVAL OF MINUTES OF THE JUNE 1, 2005 SPECIAL TOWN BOARD MEETING
Councilman DelVecchio offered a motion that was seconded by Councilman Cacciola to approve the Minutes of the June 1, 2005 Town Board Meeting as prepared by Town Clerk Linda Doherty.
On the roll call, all voted "AYE." Motion carried.
A) LAW DEPARTMENT REPORT
Councilman Cacciola offered a motion that was seconded by Supervisor Colavita to approve a RESOLUTION authorizing the settlement of a claim by E. T. McInerney against the Town of Eastchester in the amount of $2,887.43 for damages sustained to Mrs. McInerney's automobile when a Town of Eastchester Highway Department vehicle accidentally struck it.
On the roll call, all voted "AYE." Motion carried.
Councilman DelVecchio offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the settlement of a claim by Eastchester Estate Corp. c/o Gramatan Management against the Town of Eastchester in the amount of $678.13 for damages sustained to Eastchester Estate's plate glass window when a Town of Eastchester Highway Department vehicle accidentally struck it.
On the roll call, all voted "AYE." Motion carried.
Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the settlement of a claim by Philip A. Nemecek against the Town of Eastchester in the amount of $600.00 for damages sustained to Mr. Nemecek's automobile due to the negligence of a Town of Eastchester sanitation worker.
On the roll call, all voted "AYE." Motion carried.
Councilwoman Ford offered a motion that was seconded by Supervisor Colavita to approve a RESOLUTION authorizing commencement of specialized litigation against the contractors, insurance companies and all others concerning the contamination of Haindl Field and authorizing the law firm of Zarin & Steinmetz to assist the Town in all aspects of the lawsuit at the hourly rate of $250.00 per hour for Partners and $175.00 per hour for Associates.
Supervisor Colavita explained that the litigation would be against contractors, dumpers and all others connected to the project.
On the roll call, all voted "AYE." Motion carried.
Councilman DelVecchio offered a motion that was seconded by Supervisor Colavita to approve a RESOLUTION authorizing the commencement of specialized litigation of a lawsuit against United National Insurance Company to recover defense costs, including legal fees, with respect to lawsuits filed against the Town of Eastchester by United Water New Rochelle for the period 2001 to the Present and authorizing the law firm of Cerussi & Spring to represent the Town with respect to this litigation at the hourly rate of $175.00 per hour for Partners and $160.00 per hour for Associates.
Supervisor Colavita explained that this matter was being commenced to recover legal fees from the Town's insurance carrier.
On the roll call, all voted "AYE." Motion carried.
Councilman DelVecchio offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing a final payment totaling $3,622.50 to Thacher Proffitt & Wood for the handling of the Andruss litigation.
Supervisor Colavita explained that this payment is being made to clear up the balance of legal fees related to the matter.
Town Attorney Sarcone explained that the matter has been withdrawn with prejudice and cannot be re-introduced in the future.
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita offered a motion that was seconded by Councilman DelVecchio to approve a RESOLUTION authorizing the payment to Zarin & Steinmetz for United Water New Rochelle Appeal bills in the total amount of $5,247.44.
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita offered a motion that was seconded by Councilman DelVecchio to approve a RESOLUTION authorizing the Issuance of $28,592.61 Bonds of the Town of Eastchester, Westchester, New York, to Finance the Payment of Judgments or Comprised Claims against the Town Resulting from Court Orders on Proceedings brought pursuant to Article Seven of the Real Property Tax Law; $14,802.44 for The Consulate on the Park, $8,755.93 for Alfredo and Amelia Maiorano, and $5,034.24 for Bronxville Townhouse LLC.
On the roll call, all voted "AYE." Motion carried.
The following Item from the Correspondence Agenda was considered at this point in the Meeting:
C) MEMORANDUM FROM COMPTROLLER RE: CAPITAL BUDGET 2005
Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilman DelVecchio to approve the following items for the 2005 Capital Budget:
Town Hall renovations Electrical upgrade to Town Hall and grounds $25,000 Hot water heater for Town Hall & Police Headquarters $25,000 Sub-total $50,000
Highway/Refuse Highway Truck with all purpose body $140,000 Street Resurfacing $150,000 Sidewalk & Curbs $100,000 Douglas Place drainage $85,000 Beverly Road Improvements $25,000 Sub-total $500,000
Grand Total $550,000
On the roll call, all voted "AYE." Motion carried.
Councilman DelVecchio offered a motion that was seconded by Supervisor Colavita to approve a RESOLUTION authorizing the Issuance of $100,000 Bonds of the Town of Eastchester, Westchester County, New York to finance the cost of sidewalk and curb replacement at various locations in and for the Town.
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve a RESOLUTION authorizing the issuance of $150,000 Bonds of the Town of Eastchester, Westchester County, New York to finance the cost of street resurfacing at various locations in and for the Town.
On the roll call, all voted "AYE." Motion carried.
Councilwoman Ford offered a motion that was seconded by Supervisor Colavita to approve a RESOLUTION authorizing the Issuance of $140,000 Bonds of the Town of Eastchester, Westchester County, New York to finance the cost of the acquisition of a Highway Truck with an all-purpose body for use by the Department of Highway in and for the Town.
On the roll call, all voted "AYE." Motion carried.
Councilman DelVecchio offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the issuance of $50,000 Bonds of the Town of Eastchester, Westchester County, New York to finance the cost of the construction of improvements to Town Hall in and for the Town.
Supervisor Colavita explained that an electrical upgrade to Town Hall must be completed to accommodate the new technologies at Town Hall, including computers and internet service. In addition, a hot water heater will be installed and utilized by Town Hall and the Police Department.
On the roll call, all voted "AYE." Motion carried.
Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to approve a RESOLUTION authorizing the issuance of $25,000 Bonds of the Town of Eastchester, Westchester County, New York to finance the reconstruction of Beverly Road for use in and for the Town.
Supervisor Colavita explained that Beverly Road, located in the Village of Bronxville, but owned by the Town, would be repaved. The Village will complete additional renovation to the road.
On the roll call, all voted "AYE." Motion carried.
Councilman DelVecchio offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the issuance of $85,000 Bonds of the Town of Eastchester, Westchester County, New York to Finance the construction of drainage improvements at Douglas Place for use in and for the Town.
On the roll call, all voted "AYE." Motion carried.
B) HIGHWAY DEPARTMENT REPORT
During the month of May the department continued the spring clean up of various right-of-ways and parking lots and started grass cutting on a regular basis. In addition, the completion of filling potholes and necessary repairs to the Town right-of-way were made.
The tree planting program for 2005 is just about completed. To date approximately 44 trees have been planted within the Town right-of-way. The oak trees donated by Fred Moses have been planted on Michael Frey Drive.
Various flower baskets were created and hung on Scarsdale Avenue and Garth Road. The Highway Department also planted flowers at Harney Road, Leewood Drive, Dale Road and Garth Road.
With regard to the municipal parking lots, line striping of numerous parking lots was completed, as well as a reconfiguration of the Crest Avenue parking lot with the addition of additional meter parking.
C) TOWN CLERK'S REPORT for April 2005 was received and filed.
D) LIBRARY REPORT for December 2004 was received and filed.
A) MEMORANDUM FROM COMPTROLLER RE: BUDGET REVISIONS
Per a recommendation from Comptroller Berg, Councilman DelVecchio offered a motion that was seconded by Supervisor Colavita to approve the following Budget Revisions:
2005 BUDGET REVISION LAKE ISLE INCREASE: Seasonal Permits E02006 54,150 INCREASE: Building & Maint. Materials & supplies E3250.401 3,000 Building & Maint. Contractual Services E3250.450 3,000 Administration Judgments & Claims E3600.301 23,150 Administration Contractual Services E3600.450 25,000
On the roll call, all voted "AYE." Motion carried.
B) MEMORANDUM FROM COMPTROLLER RE: PERSONNEL SEASONAL APPOINTMENTS
Supervisor Colavita offered a motion that was seconded by Councilman DelVecchio to approve the following Seasonal Personnel Appointments:
On the roll call, all voted "AYE." Motion carried.
C) MEMORANDUM FROM COMPTROLLER RE: CAPITAL BUDGET 2005
This item was considered during the Law Department Agenda above.
D) MEMORANDUM FROM DIRECTOR OF PLANNING RE: SEQRA RESOLUTION FOR TOWN CENTER IMPROVEMENTS
Councilman DelVecchio offered a motion that was seconded by Councilwoman Marcotte to approve the following Resolution for the Proposed Unlisted Action: Proposed Intersection Improvements at the Intersection of White Plains Road (Route 22), Mill Road and Fisher Avenue: “TIN 8758-82: Mill Road, Fisher Avenue, White Plains Road (Route 22), Intersection Improvement, Town of Eastchester, Westchester County.”
WHEREAS, On April 19, 2005, the Town Board declared its intention to act as Lead Agency for the coordinated review of the referenced proposed Unlisted action and on May 2, 2005 sent notice thereof, along with the proposed plans and a completed Full Environmental Assessment Form (EAF), to all involved agencies in accordance with SEQRA; and
WHEREAS, having received no objections within 30 days of such notice, the Town Board assumed the role of Lead Agency; and
WHEREAS, the Town Board has considered the plans for the proposed action along with the Full EAF prepared by Marvin M. Specter, P.E., L.S., dated 4/27/05.
NOW THEREFORE, BE IT HEREBY RESOLVED that, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, and based on a review of the plans and the information contained in the Full EAF, the Town Board has determined that the proposed action will not have a significant adverse effect on the environment and;
THEREFORE, BE IT FURTHER RESOLVED that the Town Board adopts a negative declaration for the proposed action and a Draft Environmental Impact Statement will not be prepared.
On the roll call, all voted "AYE." Motion carried.
E) MEMORANDUM FROM ASSESSOR RE: TAX REFUND APPLICATION
Per a request from Assessor Richard O'Donnell, Councilman DelVecchio offered a motion that was seconded by Councilman Cacciola to approve a Real Property Refund application for tax year 2005 for property located at 21 Brassie Road, Eastchester (Section 65E, Block 2, Lot 34) in the amount of $1047.76.
The refund, which has been approved by the Westchester County Tax Commission, is due to a clerical error that occurred on the 2004 Assessment Roll. An assessment for an improvement was made to a vacant parcel producing an incorrect 2005 town/county tax bill.
On the roll call, all voted "AYE." Motion carried.
Councilwoman Ford offered a motion that was seconded by Councilman DelVecchio to accept a Prisoner Transportation Agreement with Westchester County to be reimbursed per round trip to the County Jail. The Town will be reimbursed per round trip: 01/01/05-12/31/05 the amount of $139.05 and 01/01/06-12/31/06 the amount of $144.61.
On the roll call, all voted "AYE." Motion carried.
G) MEMORANDUM FROM POLICE CAPTAIN RE: GRANT ACCEPTANCE
Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to accept a Community Fund Grant Award in the amount of $3,000 to be used for the Community Safety Day Programs.
On the roll call, all voted "AYE." Motion carried.
Councilwoman Ford suggested that members of the community watch the taping of a recent Citizen Corps meeting and a discussion of the need for a community alert system.
Mrs. Ford reported on a `table-top' drill at the Red Cross in White Plains in which first responders simulated a Command Center emergency drill.
Councilman DelVecchio congratulated Councilwoman Ford on being named the Bronxville Women's Club Woman of the Year. In addition, Mr. DelVecchio congratulated the Lake Isle management and staff for their efforts in bringing a recent fireworks display to fruition.
Councilman Cacciola reminded any resident interested in having a child attend Summer Camp to visit or call the Recreation Department.
Councilwoman Marcotte announced an event sponsored by the Tuckahoe Police Department, Cops For Kids. On June 18th members of the Tuckahoe Police Department will play students from the Village in a softball tournament.
Supervisor Colavita reported on discussions with the Eastchester School District to maximize the use of both the Greenvale and Haindl fields. Supervisor Colavita reviewed the current plans for the fields and the advantages of deeding a small piece of Haindl Field to the Eastchester School District in exchange for being deeded a small piece of the Greenvale Field. The result of the `trade' will permit the Town and the School District to maximize usage of each field. Once approved by the School Board, the matter will be put to vote of the Town Board at a regular Town Board Meeting. The matter will be reviewed and discussed with the public prior to Town Board consideration.
Note to the reader: Frequently, a clarification or general question concerning an Agenda Item or topic previously discussed is requested during this Opportunity to Address the Board. To benefit of the reader, the clarifications and additional information are included at the point when the Item is considered and discussed by the Town Board.
The following residents of Maple Street spoke on a matter currently before the Zoning Board of Appeals for an interpretation of the Zoning Code, by the ZBA, with regard to the location of a Zoning District Border between a RB (Retail/Business) and R6 (residential) District:
Paschal Pumillo, 79 Maple Street David Wayne, 75 Maple Street Robert DeBenedictis, 42 Maple Street
In addition to discussing the matter before the Zoning Board of Appeals, the residents voiced concerns regarding the traffic on Maple Street. Supervisor Colavita indicated that a traffic engineer would be engaged to provide consultation to parking and traffic issues with regard to the Haindl Field project and stated that he would request that Maple Street be included in the review.
In addition, Supervisor Colavita indicated that it would be inappropriate for the Town Board to comment on the matter before the Zoning Board of Appeals.
Councilman Cacciola suggested that residents provide written statements to the Zoning Board of Appeals on the matter.
John Crittenden, 105 Garth Road, asked for a clarification of a matter that has been before the Planning Board with regard to parking requirements. Supervisor Colavita suggested that Mr. Crittenden review the matter with Town Planner Margaret Uhle.
Bob Fois, 35 Downer Avenue, suggested that the Eastchester web-site provide updated information concerning Haindl Field, including a question and answer section, background, current status and site plans. Supervisor Colavita responded that the idea is a good one; however, it might be difficult to display the plans on-line. Supervisor Colavita stated that once the plans are finalized, they would be displayed at Town Hall.
Fred Moses, 29 Huntley Road, recommended that all retaining walls in Town be inspected. Mr. Moses spoke in opposition to the enforcement of the Sign Law and recommended a one year moratorium to allow retailers additional time to replace their signs.
David Levy, 220 Hillside Place, read an agreement between the Eastchester School District and American Athletic Field, Inc. regarding the clean-up of run-off from the fields as it pertained to the clean-up of Joyce and Greenmeadow Roads. In addition, Mr. Levy reiterated his disappointment that the parking agreement with regard to Crest Plaza did not include a provision to return meters to the street.
Peter DeFelice, 24 Channing Place, expressed concern over the cost of renovating Haindl Field and reiterated his position that Carf Caterers should be paying higher fees to rent Lake Isle.
There being no further public business, the meeting was adjourned at 10:30 p.m.
Minutes prepared by:
Linda Doherty
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Created by ldoherty. Last modified 2005-06-22 15:29:44. |