6/19/07 Town Board Meeting Minutes

MINUTES OF THE TOWN BOARD

June 19, 2007

Minutes of a regular meeting of the Town Board of the Town of Eastchester held on June 19, 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 Rocco Cacciola

Councilman Michael Cahalin

Councilwoman Vicki Ford

Councilwoman Sheila Marcotte

Town Clerk Linda Doherty

Comptroller Ann Marie Berg

Deputy Town Attorney Lou Reda

A) PUBLIC HEARING PROVIDING FOR THE EXTENSION OF LOCAL LAW NO. 6 - 2006 - THE MORATORIUM LAW OF 2004 OF THE TOWN OF EASTCHESTER AS IT RELATES ONLY TO THE PROPERTIES OF SIWANOY COUNTRY CLUB, LEEWOOD ASSOCIATES, INC. AND LAKE ISLE PARK WITHIN THE UNINCORPORATED TOWN OF EASTCHESTER

Councilman Cahalin offered a motion that was seconded by Councilwoman Ford to open the Public Hearing.

On the roll call, all voted "AYE." Motion carried.

There being no public comment, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin 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 6-2007 to extend the Moratorium Law.

On the roll call, all voted "AYE." Motion carried.

Rose Miller reported that the sewer problem that is causes a terrible smell on Huntley Road has returned.

Supervisor Colavita responded that Hector DiLeo, Superintendent of Highways, would immediately investigate the re-occurrence. The Supervisor reviewed the investigative work that had been completed last year including a smoke check, dye check and a search of the storm water line via closed circuit television.

A) APPOINTMENT - POLICE LIEUTENANT

Per a request from Chief of Police Tim Bonci, Supervisor Colavita offered a motion that was seconded unanimously by the Town Board to approve the probationary appointment of Police Sergeant Jeffrey Hunter of 49 Sylvan Avenue, Tuckahoe to the position of Police Lieutenant effective June 15, 2007 at an annual salary of $110,051 and holiday pay of $7,590 (a total of $117,641). Sgt. Hunter has been with the Town's Police Department since January 27, 1997 and was promoted to Police Sergeant in June of 2005.

The probationary period will run not less than twelve weeks and not more than fifty-two weeks. Funds are provided in the 2007 budget.

Sergeant Hunter thanked his family, friends and fellow Police Officers for their attendance and thanked Chief Bonci and the Town Board for their confidence in his ability to fulfill the duties of Police Lieutenant.

On the roll call, all voted "AYE." Motion carried.

B) APPOINTMENT - HIGHWAY DEPARTMENT - AUTOMOTIVE MECHANIC

Per a request from Hector DiLeo, Superintendent of Highways, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the probationary appointment of Angelo Savino, 2 Hillside Terrace, Mahopac to the position of Automotive Mechanic (Group J, Step 1) at the annual salary of $49,939 effective June 29, 2007.

The probationary period will run not less than twelve weeks and not more than fifty-two weeks. Funds are provided in the 2007 budget.

A) APPROVAL OF MINUTES OF THE JUNE 5, 2007 TOWN BOARD MEETING

Councilwoman Marcotte offered a motion that was seconded by Councilman Cahalin to approve the minutes of the June 5, 2007 Town Board Meeting as prepared by Town Clerk Linda Doherty.

On the roll call, all voted "AYE." Motion carried.

A) POLICE DEPARTMENT REPORT

The Town Board reviewed and received for filing the following reports for May 2007: Statement of Accounts, Detectives Activity Report, Traffic Accidents Report, Patrol Activity Report and Parking Summonses and V & T Violations Report.

B) LAW DEPARTMENT REPORT

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by Milburn Parkway, LLC affecting premises known as Section 2, Block 2, Lot 1/147 Parkway Road; Section 2, Block 2, Lot 1A/48 Palmer Avenue and Section 2, Block 2, Lot 34/39 Milburn Street as follows:

Milburn Parkway LLC

Section 2, Block 2, Lot 1/147 Parkway Road

SUB - TOTAL ….$1,385.36

Milburn Parkway LLC

Section 2, Block 2, Lot 1A/48 Palmer Avenue

SUB - TOTAL …$ 235.89

Milburn Parkway LLC

Section 2, Block 2, Lot 34/39 Milburn Street

SUB - TOTAL … $ 432.46

TOTAL TOWN TAX REFUND ….$2,053.71

On the roll call, all voted "AYE." Motion carried.

2. RESOLUTION GRANTING AN EASEMENT TO THE TUCKAHOE UNION FREE SCHOOL DISTRICT

Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve a RESOLUTION granting an easement to the Tuckahoe Union Free School District of 2 ½ feet above-ground and 4 feet underground in order to permit them to extend an existing retaining wall on the south side of the Tuckahoe High School/Middle School Sports Field in accordance with the attached plans. By granting this easement, it would permit the existing retaining wall to be stabilized without its costly removal and replacement. The resultant remedial work would provide an aesthetically pleasing wall in keeping with the current condition as viewed by the neighbors.

On the roll call, all voted "AYE." Motion carried.

C) BUILDING DEPARTMENT REPORT for May 2007 was received and filed.

D) RECEIVER OF TAXES REPORT for May 2007 was received and filed.

E) TOWN CLERK'S REPORT for May 2007 was received and filed.

A) MEMORANDUM FROM COMPTROLLER RE: PART TIME/SEASONAL APPOINTMENTS

Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the following list of seasonal appointments:

On the roll call, all voted "AYE." Motion carried.

B) MEMORANDUM FROM SUPERINTENDENT OF HIGHWAYS RE: CONTRACT AWARD - HEAVY DUTY STREET SWEEPER

On Wednesday, June 6, 2007 at 11:00 a.m. one bid was received and read aloud in the Office of Town Clerk for a 2008 Diesel Powered 7.3 Cubic Yard Volumetric Capacity Heavy Duty Street Sweeper with twin gutter brooms and dual steering. The sole bid was submitted by Trius Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716 for the amount of $149,888.00. The bid was reviewed and is in accordance with the contract specifications.

Per the recommendation of Hector DiLeo, Superintendent of Highways, Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve a Resolution that the contract for the delivery of one 2008 Heavy Duty Street Sweeper, as per contract specifications, be awarded to Trius Inc. for the bid amount of $149,888.00.

On the roll call, all voted "AYE." Motion carried.

C) MEMORANDUM FROM SUPERINTENDENT OF HIGHWAYS RE: CONTRACT AWARD - ALL SEASON TRUCK BODY

On Wednesday, June 6, 2007 at 11:15 a.m. one bid was received and read aloud in the Office of Town Clerk for an All Season Truck Body with Plow, Tire Chain System and Trade-in options. The sole bid was submitted by Trius Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716 for the amount of $58,477.00. The bid was reviewed and is in accordance with the contract specifications. The break down is as follows:

All Season Truck Body $54,987

Option 1 - Power Reversible Plow $ 9,826

Option 2 - Automatic Tire Chain System $ 2,527

Option 3 - Trade-in - 1981 (H119) (credit) $ 8,863

Total $58,477.

Per the recommendation of Hector DiLeo, Superintendent of Highways, Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a Resolution that the contract for the delivery of one All Season Truck Body with Plow, Tire Chain System and Trade-in options, as per contract specifications, be awarded to Trius Inc. for the bid amount of $58,477.00.

On the roll call, all voted "AYE." Motion carried.

D) MEMORANDUM FROM DIRECTOR OF SENIOR PROGRAMS AND SERVICES RE: APPROVAL OF CONTRACTS BETWEEN THE TOWN OF EASTCHESTER AND WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES

Per a request from Gilda Press, Director of Senior Programs and Services, Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to authorize the contracts between the Town of Eastchester and Westchester County Department of Senior Services SNAP Program for the year April 1, 2007 - March 31, 2008 in the amount of $43,391 in State Funds.

On the roll call, all voted "AYE." Motion carried.

LATE FLYING ITEM:

E) MEMORANDUM FROM THE POLICE CHIEF RE: POLICE ACADEMY INSTRUCTOR TRAINING AGREEMENT

Per a request from Police Chief Tim Bonci, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the execution of an agreement between the Westchester County Department of Public Safety and the Town of Eastchester dealing with Police Instruction Training. The agreement holds the County harmless when Officers are at the Police Academy for training.

On the roll call, all voted "AYE." Motion carried.

X. MISCELLANEOUS BUSINESS

A) JULY 2007 AND AUGUST 2007 TOWN BOARD MEETING DATES

Supervisor Colavita announced that the summer Town Board Meeting schedule would be as follows: Tuesday, July 17, 2007 and Tuesday, August 14, 2007.

Councilwoman Ford announced that she would be attending a `Flood Summit' to be held with Westchester County and various municipalities to discuss the April 15th nor'easter and the flooding that was caused throughout the county.

In addition, Mrs. Ford congratulated Katrine Steffesen for winning the Under 12 National Tennis Singles Tournament.

Councilman Cacciola announced that during the summer months the highway yard will be cleared and the center lines and cross walks will be repainted.

Councilwoman Marcotte announced the EVAC calls for March - 214 and April - 227 and that the annual fundraising effort by EVAC is underway. Contribution letters are currently being mailed to residents.

Mrs. Marcotte encouraged participation in the summer reading games and programs being offered by the Library and the Young Survival Coalition of Westchester 1 mile walkathon in support of breast cancer research that will be held on June 21st at the Immaculate Conception School.

Councilwoman Marcotte expended congratulations and good wishes to all graduates.

Councilman Cahalin reported that over 60 students had participated in the track meet held for students in grades 3-6.

Councilman Cahalin added that the summer basketball boy's league and girl's clinic will begin in July. In addition, Mr. Cahalin announced several upcoming events at Lake Isle including Movie Night on June 29th, the July 4th Celebration, Fun Day on July 14th and Golf Night to be held in August.

Supervisor Colavita invited the public to attend the re-dedication ceremony of Haindl Field on June 23rd at 6:00 p.m.

Supervisor Colavita congratulated the Blue Devils lacrosse team on their successful season.

Note to the reader: Many residents from the area of Bronxville Manor, near Concordia College, attended the meeting to discuss their concerns with storm water and sewer line matters along the `crawford line' and the increasing incidence of flooding in the area and into their homes.

Rachel Mears reported that over the recent years the `system' has proven unable to sufficiently manage storm water causing sanitary sewer lines to mix with storm water and flood into homes. There has been significant damage caused by multiple incidences of flooding. And, there seems to be no effective effort made to correct the problem

Ms. Mears posed two questions to the Town Board: with no effective action taken to date, what plans does the Town have in addressing the matter and how should the residents be organized to work constructively with the Town in solving the problem? Currently there is an e-mail list of 21 families that have expressed interest working with the Town to find a solution to the current problem.

Supervisor Colavita responded that it would be advantageous for the group to have a point person that could meet on a weekly basis with Hector DiLeo, Superintendent of Highways, and be kept informed of the Town's progress.

In addition, the Supervisor provided an overview of the Town's preliminary plans to determine the cause of the flooding and craft a solution. An environmental engineer had been retained to review the matter and make recommendations to relieve the flooding issues in the Bronxville Manor area. In addition, the engineer is reviewing the plans submitted by Tuckahoe Schools to install an artificial turf football field as well as the storm water management report of both existing and proposed conditions submitted by Siwanoy County Club as part of a Planning Board application.

A televised review of the underground pipes in the area will be made in the coming week to look for root breaches.

Further, there was a discussion regarding a review of the opportunity to re-route the lines with a significant installation that runs parallel with the `crawford line' through a wooded area and into Siwanoy County Club.

Councilwoman Marcotte added that all the catch basins along Crawford Street have been cleaned and will undergo routine maintenance.

Theresa Rodesky added that the area where Stebbins Avenue flows into Rose Avenue may be part of the problem and should be addressed during the review.

Karen Sanz reported that a “waterfall' over her property occurs during rain storms. Drains have been installed, at a cost of $14k, to combat the flooding. Further, Ms. Sanz explained that her family is unable to use their basement for fear of additional damage. Ms. Sanz submitted a CD containing footage of the recent storm.

Bill Harding reiterated the suggestion that Concordia College has `significant drainage problems' that are adding to storm water management issues faced by the residents in the area. Mr. Harding asked if Supervisor Colavita had had any discussions with the college regarding drainage. Supervisor Colavita responded that he had not, but confirmed that a review of drainage at Concordia College will be part of the review.

Ray Conte confirmed that even during a small rain storm a tremendous amount of water runs from the Concordia parking lot.

Mary White, who resides in the area within the Village of Bronxville, asked if the Town will be including the Village when addressing the matter being discussed. Supervisor Colavita confirmed that that the Town will take the lead but that he and Bronxville Mayor Marvin will maintain an open line of communication and cooperation.

Cathy McMahon reported that during 17 years of living on Middleton Place she has had to purchase three pumps.

There being no further public business, the meeting was adjourned at 9:35 p.m.

Minutes prepared by,

Linda Doherty

Town Clerk

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