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November 15, 2005 Town Board Meeting


MINUTES OF THE TOWN BOARD

November 15, 2005

Minutes of a regular meeting of the Town Board of the Town of Eastchester held on November 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

Comptroller Ann Marie Berg

Town Attorney John Sarcone

Absent: Councilman Gary DelVecchio

  1. SPECIAL PRESENTATIONS

A) THE COMMUNITY FUND

Juliet Zygmunt, President of the Community Fund, reported that in 2005 over $500,000 was donated to 30 agencies throughout the Bronxville, Tuckahoe and Eastchester communities. Ms. Zygmunt reported that the Community Fund Board of Directors had recently met with government, school, religious and community leaders to determine insights into the needs of the communities during 2006.

Supervisor Colavita, on behalf of Town residents and the Town Board, thanked the Community Fund for the vastness of the effort made throughout the community.

  1. OPPORTUNITY TO ADDRESS THE BOARD ON AGENDA ITEMS

Mr. Castellano, 36 Lakeview Avenue, requested that Lakeview Avenue be resurfaced.

  1. APPROVAL OF MINUTES

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

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the Minutes of the November 1, 2005 Town Board Meeting as prepared by Town Clerk Linda Doherty.

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

  1. REPORTS OF DEPARTMENTS, BOARDS AND COMMISSIONS

A) POLICE DEPARTMENT

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

Per a request from Police Chief Tim Bonci, Councilwoman Ford offered a motion that was seconded by Councilman Cacciola to accept a grant award in the amount of $9,000 from the NYS Governor's Traffic Safety Committee for the 2006 Buckle-Up New York Program.

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

B) LAW DEPARTMENT

  1. RESOLUTION AUTHORIZING THE RETENTION OF JOHN F. BURKHARDT, ESQ TO REPRESENT THE TOWN OF EASTCHESTER IN TAX CERTIORARI LITIGATION

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the retention of John F. Burkhardt, Esq. to represent the Town of Eastchester in our tax certiorari litigation on a retainer basis at an annual fee of $30,000.00 commencing January 1, 2006 with the submission of a monthly bill in the amount of $2,500.00. This retainer will include routine legal representation in connection with tax certiorari matters but does not include trials.

Town Attorney Sarcone explained that the Town had previously used Thacher Profit & Wood for tax certiorari litigation matters for an annual fee of $50,000.

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

  1. RESOLUTION AUTHORIZING THE SETTLEMENT OF A CLAIM BY MOONSUP SO

Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve a RESOLUTION authorizing the settlement of a claim by Moonsup So against the Town of Eastchester in the amount of $1,562.68 for damages sustained to Mr. So's automobile when a Town of Eastchester Lake Isle golf cart accidentally struck it.

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

  1. RESOLUTION AUTHORIZING THE SETTLEMENT OF A CLAIM BY BENEDICT MONDELLO

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the settlement of a claim by Benedict Mondello against the Town of Eastchester in the amount of $3,058.33 for damages sustained to Mr. Mondello's automobile when a Town of Eastchester Highway Department vehicle accidentally struck it.

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

  1. INTRODUCTION OF PROPOSED LOCAL LAW 16-2005 KNOWN AS THE FRESHWATER WETLANDS PROTECTION LAW OF 2005 OF THE TOWN OF EASTCHESTER WHICH WILL REPEAL LOCAL LAW 5-1976 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 proposed Local Law 16-2005 known as, “THE FRESHWATER WETLANDS PROTECTION LAW of 2005” of the Town of Eastchester, which law will repeal our Local Law No. 5 - 1976, within the unincorporated Town of Eastchester and to set a date for a Public Hearing for December 6, 2005 at 8:00 p.m.

Supervisor Colavita explained that at the urging of and in working with Westchester County, Town Planner Margaret Uhle has drafted an update to the Town's Local Law 5-1976 to ensure that activities conducted in and adjacent to wetlands and watercourses in the Town do not adversely impact the ecological, economic, recreational or aesthetic values of those areas.

A copy of proposed Local Law 16-2005 is attached.

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

C) BUILDING DEPARTMENT report for October 2005 was received and filed.

D) RECEIVER OF TAXES REPORT for October 2005 was received and filed.

E) TOWN CLERK'S REPORT for October 2005 was received and filed.

F) TOWN HISTORIAN ANNUAL REPORT

Town Historian Richard Forliano and Michael Fix, President of the Eastchester Historical Society discussed their goals for 2006 and for the continuation of highlighting the social history of the Town and prominent families of the 20th century. In addition, there will be a renewed focus on historic preservation.

  1. CORRESPONDENCE

    1. MEMORANDUM FROM COMPTROLLER RE: BUDGET TRANSFERS/REVISIONS

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

2005 BUDGET REVISIONS

LAKE ISLE

INCREASE:

Seasonal Permits E02006 7,660

INCREASE:

Locker Room - Part Time/Seasonal E3150.102 3,000

Pools - Part Time/Seasonal E3300.102 3,000

Administration - Judgments & Claims E3600.301 1,350

Administration - Legal Expense E3600.462 310

2005 BUDGET TRANSFERS

LAKE ISLE

From: Building & Maint. - Small Equipment E3250.203 425

Tennis - Part Time/Seasonal E3400.102 1,000

Tennis - Materials & Supplies E3400.401 1,075

Tennis - Contractual Services E3400.450 125

To: Locker Room - Materials & Supplies E3150.401 25

Golf Maint. - Contractual Services E3520.450 2,600

LIBRARY

From: Service Contracts L7410.468 5,000

Assoc. Dues & Meetings L7410.402 1,000

Automated System Services L7410.446 1,000

To: Heating Fuel L7410.411 5,000

Printing & Supplies L7410.421 2,000

EMERGENCY CONTROL

From: Uniforms & Accessories A3640.434 1,630

To: Materials & Supplies A3640.401 1,630

PARKS

From: Materials & Supplies A7150.401 2,500

To: Travel & Auto A7150.432 2,500

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

B) MEMORANDUM FROM ASSESSOR RE: PUBLIC HEARING ALTERNATIVE VETERAN'S EXEMPTION

In 1996, the Town Board adjusted the Alternative Veteran's Exemption (Real Property Tax Law, Section 458-a) due to legislation mandating that the exemption fluctuate with the annual change in the equalization rate.

In order to mitigate the effect of the drop in our equalization rate from 4.31% to 1.62% and to award the highest level of exemption allowable by law, the Town Assessor recommends that the Board consider adopting the following home value cap.

Existing Maximums Proposed Maximums

War Period Vet: $467 Assessed Value Max War Period Vet: $875 Assessed Value Max

Combat Vet:$311 Assessed Value Max Combat Vet: $ 583 Assessed Value Max

Disability: $1557 Assessed Value Max Disability: $2916 Assessed Value Max

Per a request from Richard O'Donnell, Assessor, Councilwoman Ford offered a motion that was seconded by Councilwoman Marcotte to schedule a Public Hearing to receive public comment on adopting the proposed adjustments to the Alternative Veteran's Exemption (Real Property Tax law, Section 458-a).

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

C) MEMO FROM SUPERVISOR RE: ANNUAL LEAVE CARRY-OVER

Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve the following requests to carry over annual leave: Justice: Camille Tainer -10 days, Maria Maruzzella - 10 days; Law: Susan Holten - 10 days, Virginia Micheletti - 1 day; Comptroller: Ann Marie Berg - 7 days; Library: Catherine McDowell - 9 days/7 hour, Glenis Marocco - 9 days, Mary Spellman - 5 days, Mary Feldhaus - 4 days, Dorothy Bicknese - 4 days, Rita Cohen - 6 days; Building Department: James King - 12 days; Assessor's Office: Richard O'Donnell - 7 days, Julie Moynihan - 8 days; Tax Office: Celeste Maggio - 10 days; Community Development: Incoronata Gizzo-Campanile - 5 days; Recreation: Ron Kalban - 13 days, Sally Veltidi - 5 days, Patricia Gallo - 6 days; Senior Programs and Services: Gilda Press - 1 day, Norah Rossi - 4 days, Judy Connolly - 9 days, Alfred Baisi - 4 days; Highway: Peter Bonhag - 20 days, Kristina Masi - 3 days.

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

  1. MEMORANDUM FROM SUPERVISOR RE: PUBLIC HEARING - 2006 BUDGET

Councilwoman Ford offered a motion that was seconded by Supervisor Colavita to set a Public Hearing on the 2006 Budget for Tuesday, December 6, 2005 at 8:00 p.m. Supervisor Colavita reminded the public of the Budget Workshop scheduled for November 16th at 7:00 p.m. in the Community Room.

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 announced the 2nd Annual Little Duckie Derby Day, a fundraiser for the High School Rotary Club.

Mrs. Ford encouraged the public to recycle old cell phones by depositing them into the Verizon Hopeline Box, to be located in the Town Clerk's Office. The phones will be re-issued for emergency use only.

Further, Mrs. Ford reported that Fire Chief Grogan has met with the Disabled Advisory Committee to explore concepts and ideas on educating the disabled population on dealing with emergencies.

Councilman Cacciola congratulated the Town's Veteran organizations on their Veterans Day Ceremonies. In addition, Councilman Cacciola congratulated the Tuckahoe High School football team for their successful season.

Councilwoman Marcotte congratulated the Friends of the Library for their successful book sale and announced a new fundraising opportunity in which the Library will be paid $1.50 for each ink cartridge that is recycled. Cartridges can be deposited at the Library.

Mrs. Marcotte reported that in during October EVAC answered 73 calls for Advance Life Support and 122 calls for Basic Service.

Mrs. Marcotte reminded interested senior citizens to sign up for flu shots with the Senior Programs and Services Office. In addition, Mrs. Marcotte announced the Tuckahoe Beautification Committees Annual Holiday Boutique.

Supervisor Colavita announced that representatives of the Town had recently met with the State Department of Transportation to discuss the Town Center Project. In addition, Supervisor Colavita indicated that the County Planning Department would soon have the bid documents ready.

  1. SECOND OPPORTUNITY TO ADDRESS THE BOARD

Bob Russell, 97 Woodruff Avenue, and Norman Zelvin, 3 Douglas Place, expressed concern about the parking and traffic issues in the area surrounding Haindl Field. Supervisor Colavita explained that the Town Board had retained the services of a traffic engineer to review the parking and traffic flow options in the area of Haindl Field and to make recommendations on the matter.

In addition, Mr. Russell suggested the walking track, to be installed at Haindl Field, be made of material conducive to walking and running, and not concrete as planned. Supervisor Colavita responded that concrete had been chosen for structural reasons.

Fred Moses, 29 Huntley Avenue, agreed with Mr. Russell that concrete should not be used on the track. In addition, Mrs. Moses questioned the capability of the General Foreman in the Highway Department to handle snow removal responsibilities in light of Mr. Bonhag's absence. Supervisor Colavita spoke confidently of the Highway Department employees and stated that there would be a seamless transition.

Peter DeFelice, 24 Channing Place, commenting on the time frame of the 30 day leave without pay that was imposed on Superintendent of Highways Bonhag, asked for an update. Supervisor Colavita responded that the suspension would continue and Mr. Bonhag would be paid at his regular rate.

Mr. DeFelice discussed several matters concerning the Fire Department and requested an update of the enforcement of the Sign Law. Supervisor Colavita responded that the Town is completing an inventory of the signs, while at the same time completing grant applications for sign. Once both are completed, the Sign Law will be enforced.

Henry Lohac, owner of the office building at 111 Brook Street, asked the Town Board to address the parking problems on Scarsdale Avenue and Montgomery Avenue as many cars park on Town easement that should be landscaped. Supervisor Colavita stated his support of finding a solution to rectify the situation.

There being no further business, the meeting was adjourned at 9:50 p.m.

Minutes prepared by:

Linda Doherty

Town Clerk

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Created by ldoherty. Last modified 2005-12-07 10:22:52.


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