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09/05/06 Town Board Meeting MinutesMINUTES OF THE TOWN BOARD September 5, 2006
Minutes of a regular meeting of the Town Board of the Town of Eastchester held on September 5, 2006, at 7:30 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 Michael Cahalin Councilwoman Vicki Ford Councilwoman Sheila Marcotte
Town Clerk Linda Doherty Comptroller Ann Marie Berg Town Attorney John Sarcone
IV. SPECIAL PRESENTATIONS
A) LAKE ISLE SWIM AND DIVE TEAM
Supervisor Colavita introduced Emily Browne, President of the Lake Isle Swim and Dive Team Parents Association, who discussed the successful season, including winning the Lower Westchester and County Championships. Supervisor Colavita congratulated the 200 children who participate in the program and stated that certificates had been mailed to the members of the team.
B) EASTCHESTER LITTLE LEAGUE
Supervisor Colavita presented members of the Eastchester Little League 9 & 10 year old boys team and the 11 & 12 year old girls team with Certificates of Achievement for winning the District 20 Championship.
C) COMMITTEE FOR DISABLED - DISABILITIES WEEK
Mary Smith, Chairwoman of the Committee for the Disabled, announced that October 14th - October 21st would be Disablities Awareness Week in Eastchester, Tuckahoe and Bronxville (see below for Town Board designation). The kick-off of the week will be held at the Southeast Consortium 25th Anniversary Dinner at Lake Isle.
Mrs. Smith reported that there are various activities to promote awareness throughout the week including programs in the schools, handicap parking awareness and programming on the local cable station.
A) PUBLIC HEARING TO CONSIDER THE ADOPTION OF LOCAL LAW 5 - 2006 PROVIDING FOR THE CREATION OF THE BUILDING AND PLANNING DEPARTMENT
At 8:15 p.m. Councilman Cacciola offered a motion that was seconded by Councilman Cahalin to open the Public Hearing. A copy of the Affidavit of Publication was received.
Supervisor Colavita explained that the purpose of the Local Law is to consolidate two small offices and provide better management and accountability.
On the roll call, all voted "AYE." Motion carried.
Fred Moses, 29 Huntley Road, spoke in support of the proposal and suggested that the offices would run more efficiently once they were combined.
Peter DeFelice, 24 Channing Place, spoke in opposition to the proposed law as there is no cost savings and no apparent benefit to the Town.
David Levy, 220 Hillside Place, spoke in opposition to the Local Law and suggested that additional individuals should be hired to work on weekends and to enforce the Sign Law.
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to close the Public Hearing.
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to adopt Local Law 5-2006.
On the roll call, all voted "AYE." Motion carried.
A) APPOINTMENT TO ARCHITECTURAL REVIEW BOARD
Councilwoman Marcotte offered a motion that was seconded by Councilman Cahalin to appoint Fernando Paple, 140 Gaylor Road, to the Architectural Review Board effective September 6, 2006 - December 31, 2008.
Mr. Paple will replace outgoing member Charles Reed. Supervisor Colavita explained that Mr. Reed had resigned due to the large amount of work he has outside the area and thanked Mr. Reed for his service. In addition, Supervisor Colavita thanked Paul Miller, alternate member of the ARB, for his diligence in serving in Mr. Reed's absence.
On the roll call, all voted "AYE." Motion carried.
B) APPOINTMENT TO BOARD OF ASSESSMENT REVIEW
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to appoint Michael DiSanto, 96 Vernon Drive, to the Board of Assessment Review effective September 6, 2006 - September 30, 2010.
On the roll call, all voted "AYE." Motion carried.
A) APPROVAL OF MINUTES OF THE AUGUST 8, 2006 TOWN BOARD MEETING
Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve the Minutes of the August 8, 2006 Town Board Meeting as prepared by Town Clerk Linda Doherty including a clarification suggested by Town Attorney Sarcone.
On the roll call, all voted "AYE." Motion carried.
A) LAW DEPARTMENT
Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by 150 Lake Avenue Realty affecting premises known as Section 33, Block 7, Lot 4 - 150 Lake Avenue as follows:
Tuckahoe School Board approved the settlement TOTAL TOWN TAX REFUND $108.88
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 certiorari proceeding instituted by Arizona Lipnob Estates, Inc. affecting premises known as Section 4, Block 3, Lots 2 and 2A - 23 Park Place, Bronxville as follows:
TOTAL TOWN TAX REFUND $471.38
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 settlement of a certiorari proceeding instituted by Consumer Value Stores affecting premises known as Section 49A, Block 3, Lot 1 - 90 Garth Road as follows:
Eastchester School Board approved the settlement
Garth Road Parking District $ 1,283.85 TOWN TAX REFUND $13,284.78 TOTAL TOWN TAX REFUND $14,568.63*
*To be bonded at a later date
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by Willchester Holdings, LLC affecting premises known as Section 66K, Block 4, Lot 1 - 375 White Plains Road as follows:
Eastchester School Board approved the settlement TOTAL TOWN TAX REFUND $46,353.75*
*To be bonded at a later date
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the settlement of a claim by William G. Webb against the Town of Eastchester in the amount of $1,519.67 for damages sustained to Mr. Webb's automobile due to the alleged negligence by the Town of Eastchester Highway 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 Supervisor to execute and deliver a Facilities Lease Agreement made between the Town of Eastchester and Concordia College for the use of Concordia College's facilities for the Town's “Sundays Alive” program.
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 Town to reject the two bids the Town of Eastchester received for the Town Hall Renovations and Improvements project, to wit, Leed Industries Corp. and Joseph Salvatore & Sons, as they grossly exceeded the anticipated 2007 Capital Budget and to authorize the architect to revise the specifications.
On the roll call, all voted "AYE." Motion carried.
B) HIGHWAY DEPARTMENT REPORT
During the month of August 2006 there were a few heavy wind and rainstorms, causing limbs to come down throughout the Town. Various crews were assigned to clean up branches and clean out obstructed catch basins to maximize drainage for future storms.
Also, crews rebuilt several catch basins and performed pothole maintenance as needed.
Highway crews disassembled the old, rotted planter at the intersection of Brook Street and Summerfield Street and constructed a new one. Crews also constructed a new planter at the intersection of Garth Road and Harney Road.
Earlier this month we began to assign a tree trimming crew once a week to remove hangers and to perform minor pruning. We hope to continue “in house” tree maintenance on a regular basis. This should save the Town money as this work would normally be assigned to a private contractor.
Our sign crew installed new signage restricting parking once a month on all roadways within Interlaken Gardens as well as California Road, from Mill Road to Whitehall Road, so that street cleaning can be done.
The 2006 Sidewalk and Curb Contract will commence at the end of this month. Further, the construction of the compost access roadway is almost complete.
C) TOWN CLERK'S REPORT for July 2006 was received and filed.
A) MEMORANDUM FROM COMPTROLLER RE: BUDGET TRANSFERS/REVISIONS
Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the following Budget Transfers and Budget Revisions:
2006 BUDGET TRANSFERS LIBRARY FROM: Small Equipment L7410.203 $1,500 TO: Materials & Supplies L7410.401 1,500
SEWER FROM: Maintenance & Repairs S8120.414 2,000 TO: Materials & Supplies S8120.401 2,000
LAKE ISLE FROM:Locker Room Contractual Services E3150.450 500 Building & Maint. Small Equipment E3250.203 4,000 Tennis Materials & Supplies E3400.401 250 Tennis Contractual Services E3400.450 725 TO:Pools Materials & Supplies E3300.401 5,475
2006 BUDGET REVISIONS RECREATION INCREASE: Registration Fees Camp A02002 12,000 INCREASE: Camp Part Time/Seasonal A7141.102 12,000
LAKE ISLE INCREASE: Seasonal Permits E02006 7,000 INCREASE: Pool Contractual Services E3300.450 7,000
On the roll call, all voted "AYE." Motion carried.
Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve the following Seasonal Appointments:
On the roll call, all voted "AYE." Motion carried.
C) MEMORANDUM FROM HIGHWAY RE: PERMISSION TO BID - 2006/2007 TREE SERVICE CONTRACT
Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to authorize the Highway Department to go out to bid for the 2006/2007 Tree Service Contract.
On the roll call, all voted "AYE." Motion carried.
D) MEMORANDUM FROM SUPERVISOR RE: FAIR AT LAKE ISLE
Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a Resolution to approve the terms and conditions of the contract agreement between the Town of Eastchester and Stewart Amusement Company, Inc. to provide necessary rides for a Carnival to be held at Lake Isle from September 29 - October 1, 2006.
On the roll call, all voted "AYE." Motion carried.
E) MEMORANDUM FROM SUPERVISOR RE: DISABILITIES WEEK
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to designate October 14 - October 21, 2006 as Disabilities Awareness Week in the Town of Eastchester.
On the roll call, all voted "AYE." Motion carried.
F) MEMORANDUM FROM SUPERVISOR RE: NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to adopt the following Resolution:
WHEREAS, natural and man made disasters have and may occur in any part of the Town;
WHEREAS, the majority of emergency incidents are mitigated by local responders;
WHEREAS, the Town of Eastchester, Village of Tuckahoe and Village of Bronxville, are committed to achieving a system that will provide a consistent town wide approach for federal, state, county and local governments to work effectively and efficiently together to prevent, prepare for, detect, respond to, operate at, and recover from emergencies and disasters, regardless of cause, size and complexity;
WHEREAS, the Homeland Security Presidential Directive (HSPD)- 5 requires federal departments and agencies to adopt the national Incident Management System (NIMS) and as a condition for federal preparedness assistance, beginning in fiscal year 2005, state and local organizations are mandated by HSPD-5 to adopt NIMS as the model for incident management in times of disaster;
WHEREAS, in times of disaster, local and county agencies will work closely with state and federal agencies; and
WHEREAS, NIMS provides a consistent nationwide template for all agencies to work together to prevent, prepare for, detect, respond to, operate at, and recover from all hazards;
NOW, THEREFORE, I, Anthony S. Colavita, Supervisor of the Town of Eastchester, by virtue of the authority vested in me by the Suburban Town Law and by authorization of the Town Board of the Town of Eastchester, hereby order as follows:
IN WITNESS, WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the Town of Eastchester done at the Town Hall in the Town of Eastchester, New York this day of September 5, 2006.
Councilwoman Ford stated, “nothing gives me greater pleasure than to see Eastchester take this step.” Mrs. Ford commented that Westchester County had provided leadership and a blueprint of emergency preparedness, the Town is now ready to join in step with their efforts.
On the roll call, all voted "AYE." Motion carried.
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