03/06/07 Town Board Meeting Minutes

MINUTES OF THE TOWN BOARD

March 6, 2007

Minutes of a regular meeting of the Town Board of the Town of Eastchester held on March 6, 2007, 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 Michael Cahalin

Councilwoman Vicki Ford

Councilwoman Sheila Marcotte

Absent: Councilman Rocco Cacciola

Town Clerk Linda Doherty

Comptroller Ann Marie Berg

Town Attorney John Sarcone

EAGLE SCOUT - EMERGENCY MANAGEMENT PROJECT

Chris Perrone made a special presentation to the Town Board outlining communications among first responders, residents and the County Emergency Management and the creation of an Operations Center in the Community Room at Town Hall. Supervisor Colavita thanked Chris for his efforts as they augment progress made by the Town to establish an Operation Center which will serve Eastchester, Tuckahoe and Bronxville. To date, each municipality and Police Department have agreed to join forces in emergency situations as have the Fire Department and EVAC. Both Con Edison and United Water of New Rochelle have agreed to send representatives to the Operation Center when events require.

Fred Moses stated that emergency preparedness should be a high priority. Supervisor Colavita responded that emergency preparedness has been a high priority of the Town and will remain so. In addition to the creation of the Operations Center, Supervisor Colavita reviewed other recent efforts including the procurement of a generator for Town Hall, CERTS training and the shelter trailer. In addition, the Town has taken a lead role in bringing various entities, Fire, EVAC, Village governments, Police personnel and the County Emergency Services together to determine protocols and procedures.

A) APPOINTMENT - ASSISTANT PLANNER

Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the probationary appointment of Keri Ouellette, 261 Main Street, Nyack to the position of Assistant Planner effective March 9, 2007 at an annual salary of $45,442 (CSEA Grade VI, Step 2).

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

At the request of the General Manager of Lake Isle, George Papademetriou, Councilwoman Ford offered a motion that was seconded by Councilwoman Marcotte to approve the probationary appointment of David Strobeck, 10 Morgan Circle, Hyde Park, New York 12538 to Park Foreman.

David has been the Assistant Greenskeeper at Lake Isle since May 2, 2002. Prior to this David was Park Groundsman. He has been with the Town since 1988.

Mr. Strobeck will be moved from Group G Step 4 ($56,599.00) to a Group K Step 5 effective March 9, 2007. His new salary will be $73,509.00. He will be required to serve a probationary period which will run not less than twelve weeks and not more than fifty-two weeks. Funds are provided in the 2007 budget.

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

Supervisor Colavita stated that a number of appointments were to be made to the very active Traffic & Parking Committee. Supervisor Colavita thanked those members who have served, many of whom have agreed to serve another term. A special thank you was extended to Steve Altamura for his service as Chairman.

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to appoint Thomas Andruss, 6 Shady Lane, Scarsdale as Chairman of the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin, Councilwoman Marcotte and Councilwoman Ford to appoint Steve Altamura, 14 Elba Place, Scarsdale to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Councilwoman Ford offered a motion that was seconded by Councilwoman Marcotte to appoint Philip Allison, 283 Marbledale Road, Tuckahoe to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to appoint Robert Nicolais, 10 Wildway, Scarsdale to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to appoint Beverly Rich, 15 Carrie Place, Eastchester, to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Councilwoman Marcotte offered a motion that was seconded by Councilman Cahalin to appoint Dr. Elliot Senderoff, 26 County Club Road, Eastchester, to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Councilman Cahalin offered a motion that was seconded by Councilwoman Marcotte to appoint Vincent Stanley, 197 Lincoln Place, Eastchester, to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to appoint Charlie Galanek, 21 Potter Place, Scarsdale to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to appoint John Reilly, 60 Dale Road, Eastchester, to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to appoint Ellen Ambrose-DelColle, 10 Field End Lane, Eastchester, to the Traffic and Parking Advisory Committee effective March 7, 2007 - March 15, 2008.

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

A) APPROVAL OF MINUTES OF THE FEBRUARY 6, 2007 TOWN BOARD MEETING

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the February 6, 2007 Town Board Meeting Minutes as prepared by Town Clerk Linda Doherty.

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

A) LAW DEPARTMENT REPORT

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve a RESOLUTION authorizing the settlement of a claim by Allstate Insurance Company a/s/o Margaret Arkontaky against the Town of Eastchester in the amount of $3,792.67 for damages sustained to Ms. Arkontaky's automobile due to the alleged negligence by the Town of Eastchester Highway Department.

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

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the Supervisor to execute and deliver a Utility Agreement between the Town of Eastchester and Con Edison in the amount of $392,202.00, in connection with the Town Center Project.

Town Attorney Sarcone emphasized that the amount reflects the `give-back' of over $200,000 in credits from Con Edison. Supervisor Colavita praised Northeast Consultants for their work in preparing the plans to bury the utility wires in the Town Center and for working to obtain the credits from Con Edison. Supervisor Colavita explained that the purpose of the Resolution is to authorize the execution of the Agreement, the form of payment will be determined at a later date.

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

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the INTRODUCTION of a proposed local law providing for the amendment of certain sections of Local Law No. 4 - 1979, a local law known as “THE STREET AND SIDEWALK EXCAVATION LAW”, to require projects that exceed Fifty Thousand Dollars to obtain an endorsement page along with the Certificate of Insurance, within the unincorporated Town of Eastchester and to set a date for a public hearing for March 20th at 8:00 p.m.

AMENDMENT TO THE FOLLOWING SECTION OF LOCAL LAW NO. 4 - 1979, KNOWN AS, “THE STREET AND SIDEWALK EXCAVATION LAW”, LAST PARAGRAPH OF SECTION 16 "INSURANCE REQUIRED”, IS AMENDED TO READ AS FOLLOWS:

SECTION 16. INSURANCE REQUIRED.

Such insurance must also include with the Certificate of Liability Insurance, naming the Town as an Additional Insured. For any permit where the amount of work exceeds Fifty Thousand ($50,000.) Dollars, you must supply a Certificate of Liability Insurance and an endorsement page stating and verifying that the Town of Eastchester is an Additional Insured, the described person or organization additional protected persons endorsement with a sublimit for their protection.

Section 2. Severability

If any word, clause, sentence, paragraph, subdivision or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be limited in its application to the word, clause, sentence, paragraph, subdivision or part hereof directly involved in the controversy in which such judgment shall have been rendered.

Section 3. Superseding Other Laws

All ordinances or parts of ordinances or local laws or parts of local laws, or State laws which conflict with the provisions of this local law are hereby superseded and rendered temporarily null and void to the extent necessary to give this local law full force and effect, pursuant to Article 2, Section 10 of the New York State Municipal Home Rule Law.

Section 4. Effective Date.

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 Cacciola, who was absent. Motion carried.

The storm of February 13th & 14th brought three inches of ice to our area. This was one of the worst storms. Crews worked overnight to make sure roadways were passable. After the storm was finished crews worked with loaders and other heavy equipment in order to remove mounds of ice from the business districts and residential parking lots.

With snowfall there is always roadway erosion. Therefore crews were assigned on an “as needed” basis to perform pothole repair.

During February we went out to bid to obtain prices for new tree plantings. We intend to plant approximately 60 trees under our 2007 Tree Planting program. These trees will be planted on various Town right-of-ways throughout the month of April upon written request from the homeowner.

Manpower was assigned on many occasions to assist with the Haindl Field project.

C) RECEIVER OF TAXES REPORT for February 2006 was received and filed.

D) TOWN CLERK'S REPORT for February 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 Revision and Transfer:

REVISION

Increase A03088 $8500.00

Increase A1450.495 $8500.00

GIS Grant 0580077239 - Records Management

TRANSFER

From: Undercover car money T98 $166.25

To: Materials and Supplies B3120.401 $166.25

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

B) MEMORANDUM FROM COMPTROLLER RE: SEASONAL

Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the following Seasonal Appointments:

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

C) MEMORANDUM FROM COMPTROLLER RE: WORKPLACE VIOLENCE PREVENTION REQUIREMENTS

The New York State Workplace Violence Prevention Act requires all public employers to develop and implement programs to prevent workplace violence.

Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to enter into a contract with Public Sector Human Resource Consultants to provide workshop violence prevention program and training.

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

D) MEMORANDUM FROM COMPTROLLER RE: TECHNOLOGY STIPEND

Per a request from Comptroller Berg, Councilwoman Marcotte offered a motion that was seconded by Councilman Cahalin to approve a stipend of $2,500.00 be added to Stu Rabin's current salary. Stuart was been with the Town since April 20, 2006 as an intermediate clerk in the Town Clerk's Office.

Stu will be charged with visiting each department in the Town and converting existing forms, updating old forms and uploading department forms to the Town website. It is anticipated that each department's forms will be completed during normal work hours by year end.

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

E) MEMORANDUM FROM COMPTROLLER RE: EMPLOYEE HANDBOOK

Per a request from Comptroller Berg, Councilwoman Marcotte offered a motion that was seconded by Councilman Cahalin to approve the Draft Employee Handbook. The draft document was prepared by Public Sector Consultants, Human Resource Consultants in conjunction with a panel of Town Department Heads. The handbook has been a work in progress and is now ready for the Town Board to adopt it as the official Town of Eastchester Handbook.

The handbook contains the Town's various personnel polices and procedures, employee benefits, compliance policies and other pertinent information governing employment related matters; and laws that govern how we handle employee and employment issues.

The update of the handbook began in 2001 and included changes and modifications up to today. The handbook has been reviewed by the CSEA and the Eastchester Police Union. Supervisor Colavita stated that the negotiated contracts will supersede the Handbook in matters of conflict.

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

F) MEMORANDUM FROM ADMINISTRATOR OF HOUSING RE: AMENDMENTS TO ADMINISTRATIVE PLAN REPAYMENT AGREEMENTS

The 2007 Housing Choice Voucher Program Administrative Plan had previously been approved by the Town of Eastchester Town Board as well as the US Department of Housing and Urban Development including policies and procedures to the operation of the Housing Choice Voucher Program according to HUD Guidelines. It is generally recognized that changes take place during the course of the year that require amendments to be made to the Administrative Plan in order to keep it current.

A motion was offered by Supervisor Colavita and seconded by Councilwoman Marcotte to approve amendments to the 2007 Housing Voucher Program Annual Plan as described on the following pages:

Page 50: Section 11.8 - Change of Ownership: paragraph (B)

A copy of the 2007 Administrative Plan and amendments is available in the Town Clerk's Office.

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

G) MEMORANDUM FROM SUPERINTENDENT OF RECREATION RE: 2007 MUNICIPAL CONTRIBUTION TO SOUTH EAST CONSORTIUM

Per a request from Ron Kalban, Superintendent of Recreation, Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a contract between the Town of Eastchester and South East Consortium for $25,662 for services they provide the disabled in Eastchester, Tuckahoe and Bronxville. Funds have been made available in the 2007 Recreation Department Budget.

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

H) MEMORANDUM FROM LAKE ISLE GENERAL MANAGER RE: AWARD OF GROUNDS AND GREENS SUPPLIES

Competitive bids for the 2007 Lake Isle grounds and greens supplies have been received from nine (9) different vendors.

Per a request from Lake Isle General Manager George Papademetriou Councilman Cahalin offered a motion that was seconded by Councilwoman Marcotte to approve the following listed items to the respective qualified low bidders as noted. If all items are purchased at the bid award price, total expenditure will be $73,676.58. Sufficient funds for the purchase of all items in the quantities listed are available in the 2007 Lake Isle operating budget.

COMPANY ITEM DESCRIPTION QUANTITY AMOUNT

________________________________________________________________________________

1. LESCO, INC. TOUCHE' 1 $1,493.41

1301 EAST 9TH STREET ACCLAIM EXTRA 1 1,809.72

SUITE 1300 DIMENSION PLUS .21% 120 1,921.20

CLEVELAND, OHIO 44114-1849 18-0-10 50% poly plus

21-3-21 ROUGH POLYVEX 200 2,332.00

WEED & FEED 23-0-8 40 585.60

GREENS GRADE NOVEX 40 620.80

8-3-17 90-% POLY PLUS

17-3-17 FAIRWAY 150 2,154.00

67% TCRN

PENNG2/PENNA4 5 1,125.00

BENTGRASS BLEND

------------------------------------------------------------------------------------------------------------------------------------------

TOTAL $12,041.73

2.

TURF PRODUCTS CORP. DACONIL ULTREX 45 $17,748.00

47 HOWELL ROAD PO BOX 296 THREE WAY HERBICIDE 1 142.85

MOUNTAIN LAKES, NJ 07046 PERENNIAL RYEGRASS 40 2,120.00

------------------------------------------------------------------------------------------------------------------------------------------- TOTAL $20,010.85

3.

THE TERRE COMPANY HERITAGE 6 $11,880.00

P.O. BOX 1000 PRIMO MAX 1 3,810.00

206 DELAWANNA AVE.

CLIFTON ,NJ 07014-1000

-----------------------------------------------------------------------------------------------------------------------------------------

TOTAL $15,690.00

4.

METRO TURF SPECIALISTS BAYLETON 50 (WSP) 2 656.00

54 MIRY BROOK RD. CLEARYS 3336 9 2,070.00

DANBURY, CT 06810 CHIPCO ALIETTE 20 8,820.00

SIGNATURE

MERIT (WP) 4 1,868.00

--------------------------------------------------------------------------------------------------------------------------------------------

TOTAL $17,414.00

5.

HARRELL'S TURF SPECIALTY SUBDUE MAXX 1 $5,520.00

795 ROUTE 148

KILLINGWORTH, CT 06419

6.

WESTCHESTER TURF SUPPLY, INC. BANNER MAXX 1 $3,000.00

P.O. BOX 198

LINCOLNDALE, NY 10540

GRAND TOTAL $73,676.58

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

I) MEMORANDUM FROM HIGHWAY RE: AWARDING OF 2007 TREE PURCHASE CONTRACT

On Tuesday, February 20, 2007, at 11:15 a.m. the bids for the 2007 tree purchase contract were opened and read aloud in the office of the Town Clerk. The following two bids were submitted:

The low bid based on estimated quantities was submitted by Barbato Nursery Corporation for a total bid of $13,400.00.

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to award the 2007 tree purchase contract to Barbato Nursery Corporation, of 1600 Railroad Avenue, Holbrook, NY 11741, at the unit prices bid.

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

J) MEMORANDUM FROM HIGHWAY RE: AWARDING OF 2007 TIRE RECAPPING CONTRACT

On Tuesday, February 20, 2007, at 11:00 a.m. two bids for the 2007 Tire Recapping contract were opened and read aloud in the office of the Town Clerk.

The bid submitted by Metro Truck Tire Service Center Incorporated does not meet the specifications.

The second bid was submitted by Corsi Tire Corporation, for the total amount of $28,900, based on estimated quantity as follows:

Estimated Quantity - Recaps ___________Unit Price Bid Total

200 Tires $144.50 each Tire = $28,900

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to award the 2007 Tire Recapping Contract to Corsi Tire Corporation, of 200 South Highland Avenue, Ossining, NY 10562 at the unit price bid.

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

Councilwoman Ford announced that the newly dedicated wood lot on Crawford Avenue near the Cottle School has been named Crawford Woods.

In addition, Mrs. Ford discussed the various renovations to the park in Chester Heights including new benches and a Town of Eastchester entry sign.

Councilwoman Marcotte announced that the March 11th St. Patrick's Day Parade would be aired throughout the area serviced by Cablevision and will show on all local access channels as well as channel 68 on the March 17th and 18th. In addition, the parade coverage will be available on demand wherever cablevision is offered. Verizon will also air the parade on their local access channels.

The target date for Verizon to air the PEG channels as of now is May 1st - the Town; however, is urging them to expedite and hopefully move up that date.

 The Tuckahoe Library will have The Hendry School of Irish Dance of Eastchester performing Irish Step dance at The Tuckahoe Library on March 7th - all residents are welcome.

The Nutrition Center is seeking individuals who can help out with their Home Delivered Meal program - this entails a few hours a week delivering meals to the homebound - without the volunteers those seniors who need this service will be placed on a waiting list - anyone interested should contact Nora Rossi at the Nutrition Center.

 In closing, Mrs. Mracotte congratulated Vicki Ford and Dave Stevens who have both been selected as the Eastchester/Tuckahoe People of the Year by the Chamber of Commerce.

Councilman Cahalin announced that the Lake Isle membership applications had been mailed to residents and that the Recreation Summer Program Brochure would soon be mailed. Both the Recreation Department and Lake Isle are currently receiving applications for summer employment.

Councilman Cahalin announced the March 7th Lake Isle Advisory Board Meeting and mentioned that Board is continuing to explore opportunities to enclose the tennis courts in a bubble during the winter months.

Supervisor Colavita congratulated the Village Lutheran Church on their 90th Anniversary and the Chapel School that has served the community for 60 years.

Supervisor Colavita stated that the Town Board Meeting would be closed with a moment of silence in memory of Anthony Cacciola, father of Councilman Rocco Cacciola.

Ron Gallo spoke of Anthony Cacciola and of his service and commitment to the community, specifically the Village of Tuckahoe where he had served as a volunteer, Village Trustee and Superintendent of the Department of Public Works.

Fred Moses inquired about the memorial trees that were being displaced by the construction of the United Water treatment plant. Supervisor Colavita responded that United Water has committed to restoring Memorial Park to its preconstruction condition.

Ellen Ambrose-Del Colle expressed concern over Eastchester High School students parking on White Hall Avenue. Several residents have expressed concern over traffic, liter and noise with regard to the increase number of students parking in Interlaken Gardens. Supervisor Colavita responded that the Town would extend another invitation to the School Board to discuss parking.

Tom Andruss announced the Pitch-In-For-Parks program and asked for volunteers to help clean up the Bronx River Park on April 15th.

Mr. Andruss and Supervisor Colavita discussed changes to the traffic patterns on Resigno Drive to provide parking for Haindl Field. Supervisor Colavita announced that the one-way street (southbound) signs and the parking signs and stripping would be installed during the week of April 2nd to coincide with the school's spring break. Police Officers will be posted on Resigno Drive to assist drivers with the transition.

There being no further public comment, the meeting was adjourned at 9:30 p.m. with a moment of silence for Anthony Cacciola.

Minutes prepared by:

Linda Doherty

Town Clerk

March 6, 2007

10