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08/14/07 Town Board Meeting Minutes
MINUTES OF THE TOWN BOARD August 14, 2007
Minutes of a regular meeting of the Town Board of the Town of Eastchester held on August 14, 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 Town Attorney John Sarcone
A) PUBLIC HEARING TO CONSIDER THE ADOPTION OF LOCAL LAW 7-2007 TO REPEAL LOCAL LAW NO. 9 - 1995 KNOWN AS THE FLOOD DAMAGE PREVENTION LAW
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to open the Public Hearing. An affidavit of publication of the meeting notice had been received.
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita stated that the purpose of repealing Local Law 9-1995 was to provide an updated version of the Flood Damage Prevention Law as provided by FEMA (Federal Emergency Management Agency). Adoption of the law will provide the Town with the opportunity to apply for federal grants and homeowners in the designated flood zone the opportunity to quality for reduced flood insurance premiums.
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 Councilman Cacciola to repeal Local Law 9-1995 and to adopt Local Law 7-2007.
On the roll call, all voted "AYE." Motion carried.
A) APPOINTMENT - POLICE DEPARTMENT
Per a request from Chief of Police Timothy Bonci, Councilwoman Marcotte offered a motion that was seconded by Councilman Cahalin to approve the probationary appointment of Doris Ferraioli, 68 Stewart Avenue, Eastchester, NY 10709 to the position of Senior Office Assistant- Police Dept./ Assistant Court Clerk, Group V Step 5, ($48,716) effective August 24, 2007.
Ms. Ferraioli has been employed since September 13, 2004 as an Intermediate Clerk and than as an Office Assistant (Automated Systems)/ Assistant Court Clerk since 2005. The appointment would be an upgrade to her current position. Doris has proven to be an asset to the department and has taken on additional responsibilities. Doris has successfully completed the examination for Sr. Office Asst.- P.D. and her name appears on the Westchester County Civil Service exam #70-893. She 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." Motion carried.
B) APPOINTMENT - POLICE SERGEANT
Per a request from Comptroller Berg, Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the probationary appointment of Police Officer James Pecchioni of 103 Locust Avenue, Scarsdale, NY 10583 to the position of Police Sergeant effective September 3, 2007 at an annual salary of $110,869 (including $4,367 holiday pay and $1,500 longevity pay). Officer Pecchioni has been with the Town of Eastchester's Police Department since February 2, 1994 serving as a department firearms instructor and was the first bicycle officer appointed in the department. He attended Supervisor's School at the Academy in the Fall of 2006. He will be assigned to the patrol division.
Police Officer Pecchioni's name appears on the eligible list # 77-650. As provided in the Westchester County Civil Service Rules, it is necessary for him to serve a probationary period of a minimum of twelve weeks to a maximum of fifty- two weeks.
On the roll call, all voted "AYE." Motion carried.
A) APPROVAL OF MINUTES OF THE JULY 12, 2007 SPECIAL TOWN BOARD MEETING AND THE MINUTES OF THE JULY 17, 2007 REGULAR TOWN BOARD MEETING
Councilman Cahalin offered a motion that was seconded by Councilwoman Ford to approve the Minutes of the July 12, 2007 Special Town Board Meeting and the July 17, 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 Board reviewed and approved for filing reports for July 2007: Parking Summonses, Citation Activity Report, Patrol Activity Report, Traffic Accident Report and the Detective Report. Lt. Robert Jansen reported that the `Buckle-Up NY' program had been successful in raising awareness and the enforcement of the use of seat belts. The department anticipates similar success with a program to curtail aggressive driving. B) LAW DEPARTMENT REPORT
Supervisor Colavita explained that the Town budgets approximately $35K annually for the purpose of certiorari settlements; however, traditionally the larger settlements are bonded and are so noted. The Supervisor explained that several of the settlements being considered are being settled after a number of years. All settlements are made in conjunction with the School Districts and Villages, when applicable.
Supervisor Colavita offered a motion that was seconded by Councilman Cacciola to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by R & F Scarsdale, LLC (f/k/a Scarsdale Avenue Associates, LP a/k/a The Rivervue) affecting premises known as Section 36, Block 2, Lots 0-B, 3, 4, 5, 6, 32, 33, 34, 35, and 0-A, and Section 36, Block 3, Lots 1, 7, 9, 13, 15, 17 as follows:
*To be Bonded at a later date Tuckahoe School Board Approved the Settlement TOTAL TOWN TAX REFUND $95,798.62
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 Mill Road Holding Co. affecting premises known as Section 65 D, Block 1, Lot 1 - 428 White Plains Road as follows:
Eastchester School Board Approved the Settlement TOTAL TOWN TAX REFUND $1,155.45
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 settlement of a certiorari proceeding instituted by Tarcisio Fava affecting premises known as Section 69, Block 6, Lot 8 - 309 White Plains Road as follows:
Eastchester School Board Approved the Settlement TOTAL TOWN TAX REFUND $679.08
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 certiorari proceeding instituted by Scarsdale Harney Co. affecting premises known as Section 57, Block 6, Lot 1/700 - 732 Scarsdale Road; as follows:
*To be Bonded at a later date Eastchester School Approved Settlement TOTAL TOWN TAX REFUND $7,246.95
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 Seminara & Son Building Corp./John and Jack Seminara, Partners affecting premises known as Section 48, Block 3, Lot 5 - 505 White Plains Road as follows:
*To be Bonded at a later date Eastchester School Board Approved the Settlement
TOTAL TOWN TAX REFUND $33,221.06
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 Seminara & Son Building Corp./Elide House affecting premises known as Section 44, Block 6, Lot 19 - 2 Park Avenue as follows:
*To be Bonded at a later date Eastchester School Board Approved the Settlement TOTAL TOWN TAX REFUND $24,033.79
On the roll call, all voted "AYE." Motion carried.
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by Seminara & Son Building Corp./Elichar Realty Corp. affecting premises known as Section 48, Block 3, Lot 1 - 507 White Plains Road as follows:
*To be Bonded at a later date Eastchester School Board Approved the Settlement TOTAL TOWN TAX REFUND $6,670.78
On the roll call, all voted "AYE." Motion carried.
Over the past months Westchester County has been in the process of developing & implementing a regional education program intended to address two of the six Stormwater Phase II minimum control measures. In 2003 the Town of Eastchester provided a letter of intent to the County to participate in this program.
The Town has been notified that the NYS Department of Environmental Conservation recently awarded $200,000 in grant funding to Westchester County and the participating 33 municipalities to prepare Stormwater Education & Outreach materials.
The NYS DEC requires a 50% match of the $200,000 bringing the total project cost to $400,000. The County will provide $150,000 or three-fourths of the local match, through available funds and in-kind services. The remaining $50,000 is expected to be provided through in-kind services by the 33 participating municipalities. Therefore our required share will be approximately $1,500.
In order for Westchester County to finalize a contract with the NYS DEC, we must adopt the attached Municipal Resolution, confirming our commitment to participate in this program.
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to adopt the Municipal Resolution authorizing the Town to participate in a joint Stromwater Phase II Implementation Grant with the County of Westchester and the New York Department of Conservation to prepare Stormwater education and outreach materials and to authorize the local share cost of approximately $1500.
On the roll call, all voted "AYE." Motion carried.
C) HIGHWAY DEPARTMENT REPORT
During the month of July crews were assigned to remove all debris from the top of the catch basin grates throughout the Town to maximize drainage flow for future rain storms.
Crews repaired approximately 14 catch basins throughout the Town. Many basins eroded during the Nor'easter of April 15, 2007. Our goal is to continue catch basin repairs into leaf season.
The sign crew continued to repaint faded stop bars & crosswalks and crews were assigned at least twice a week to repair potholes.
A berm was built along Highland Avenue by California Road to alleviate potential flood issues at this intersection.
The sewer maintenance crew snaked and inspected Town sewer lines as necessary. This is done on a daily basis so that we can identify & eliminate potential problem areas within the sewer main quickly and in a cost effective manner.
The water truck has been assigned on a daily basis to water all the flowers and shrubbery within hanging baskets, parklets and in front of the entry signs.
D) RECEIVER OF TAXES REPORT for July 2007 was received and filed.
E) TOWN CLERK'S REPORT for July 2007 was received and filed.
F) BUILDING DEPARTMENT REPORT for July 2007 was received and filed.
A) MEMORANDUM FROM COMPTROLLER RE: BUDGET TRANSFERS/REVISIONS
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the following Budget Revisions and Tranfers:
2007 BUDGET REVISIONS
Recreation: Increase:Recreation Fees - Camp A 02002 $20,000.00 Increase:Rec. Day Camps- Supplies & Equipment A7141.401 $10,000.00 Rec. Day Camps - Contractual Services A7141.450 $10,000.00
Parks Increase: Maint. & Repairs A7150.414 $19,800.00 Increase: Interfund Transfer- Recreation Escrow A 05031 $19,800.00 Labriola Field
Police: Increase: Overtime Private Pay B3120.103P $50,000.00 Increase: Police Outside Services Fee B 01523 $50,000.00
2007 BUDGET TRANSFERS Highway: Transfer from: Hwy. Machinery -Small Equipment D5130.203 $ 250.00 Hwy. General Repairs - Contingencies D5110.499 $ 7,500.00
Transfer to: Hwy. Perm. Improvements-Materials & Supplies D5112.401 $ 250.00 Hwy. Perm. Improvements -Materials & Supplies D5112.401 $ 7,500.00 -Basin Cleaning
On the roll call, all voted "AYE." Motion carried.
B) MEMORANDUM FROM COMPTROLLER RE: PART-TIME AND SEASONAL APPOINTMENTS
Councilman Cahalin offered a motion that was seconded by Councilwoman Ford to approve the following part-time and seasonal appointments:
On the roll call, all voted "AYE." Motion carried.
C) MEMORANDUM FROM COMPTROLLER RE: UNIFORM JUSTICE COURT ACT
Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a Resolution to acknowledge the Town Board's review of the 2006 Financial Audit of the Town of Eastchester's Justice Court.
On the roll call, all voted "AYE." Motion carried.
D) MEMORANDUM FROM COMPTROLLER RE: WORKPLACE VIOLENCE PREVENTION PROGRAM
Per a request from Comptroller Berg, Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve the Workplace Violence Prevention Program as required by the NYS Labor Law Section 27-b.
A copy of the Workplace Violence Prevention Program is available in the Town Clerk's Office.
On the roll call, all voted "AYE." Motion carried.
E) MEMORANDUM FROM SUPERINTENDENT OF HIGHWAYS RE: SMSI GRANT
During April of 2007 the Town submitted a Grant Application to the State of New York under a Shared Municipal Services Incentive Grant Program (SMSI). The application was submitted to obtain funding for the joint purchase of a Sanitary Sewer Televising Machine with the Villages of Tuckahoe & Bronxville. The cost of this equipment is $70,000 and the Local Share is 10% of the cost which amounts to $7,000.00. The Local Share will be split equally between the Town of Eastchester and the Villages of Bronxville & Tuckahoe.
The Town has received notification that the application is approved for grant funding and recently received a contract agreement from the State of New York.
Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve a Resolution designating the Town Supervisor as the authorized representative to enter into a contract agreement with the State of New York to obtain grant funding in the amount of $63,000 towards the purchase of Sanitary Sewer Televising Equipment.
On the roll call, all voted "AYE." Motion carried.
F) MEMORANDUM FROM SUPERINTENDENT OF HIGHWAYS RE: MUNICIPAL RESOLUTION-STORMWATER OUTREACH & EDUCATION-MS4 STORMWATER PHASE II IMPLEMENTATION
See Item “8” of the Law Agenda above.
G) MEMORANDUM FROM PLANNING DEPARTMENT RE: NYS GIS DATA SHARING COOPERATIVE
Per a request from Keri Ouellette, Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to authorize the Town to enter into an agreement with the New York State Geographic Information Systems Data Sharing Coopeative. As a member of the Cooperative, the Town will be able to access computerized data from State and Federal agencies, local governments and not-for-profit organizations at no cost. The Town's only obligation under this agreement is to make available to members of the Cooperative any GIS datasets that the Town may develop in the future. Currently, the Town has no GIS data.
On the roll call, all voted "AYE." Motion carried.
H) MEMORANDUM FROM DIRECTOR OF SENIOR PROGRAMS & SERVICES RE: ADDITIONAL FUNDING FOR NSIP (COMMODITY FUNDING)
Per a request from Gilda Press, Director of Senior Programs and Services, Councilman Cahalin offered a motion that was seconded by Councilwoman Marcotte to approve the additional NSIP funding and IIIC1 funding for equipment in the amount of $3,800.
On the roll call, all voted "AYE." Motion carried.
I) MEMORANDUM FROM DIRECTOR OF SENIOR PROGRAMS & SERVICES RE: APPROVAL OF TWO GRANTS FROM NYS OFFICE OF THE AGING
Approved at the July 17, 2007 Town Board Meeting.
J) MEMORANDUM FROM DIRECTOR OF PARKS, BUILDINGS & GROUNDS RE: ARCHITECTURAL CONSULTING SERVICES
Pre a request from Joe Luciano, Councilman Cahalin offered a motion that was seconded by Councilwoman Ford to approve a Resolution authorizing the service of Robert Stanziale AIA, Architect, PC as the provider of architectural services at the following hourly rates; Architect $175, Designers $130, Drafting $100 and clerical $80.00.
Supervisor Colavita explained that Mr. Stanziale has been used for several projects in the past and the Town has been provided good guidance will require the input of an architect with complex projects in the future.
On the roll call, all voted "AYE." Motion carried.
K) MEMORANDUM FROM LAKE ISLE GENERAL MANAGER RE: REQUEST FOR RECEIPT OF RFP'S - TENNIS BUBBLE
Councilman Cahalin offered a motion that was seconded by Supervisor Colavita to solicit RFPs for the installation and operation of a tennis bubble at the tennis facility. The RFPs are to be delivered to the Town Attorney's Office no later than September 10, 2007.
Supervisor Colavita explained that the bubble structure will encompass all eight tennis courts and will include a permanent building with a pro shop, changing/restroom areas, and a viewing area. This will allow for practically a year round facility, with down time only for the set up and take down of the bubble. The concept has been well received by our tennis membership and our Advisory Board has worked very hard in assisting the Town with the preparation of the RFP plan.
Supervisor Colavita explained that the internal lighting will not shine through the bubble and that a small foundation will be installed to anchor the bubble. It will operated via an independent HVA system and will be removed, and stored off-site, each spring.
On the roll call, all voted "AYE." Motion carried.
L) MEMORANDUM FROM POLICE CHIEF RE: WHEELABRATOR WESTCHESTER, L.P. - SPECIAL WASTE DISPOSAL
Per a request from Police Chief Tim Bonci, Councilman Cacciola offered a motion that was seconded by Councilwoman Marcotte to approve the Town entering into an agreement with Wheelabrator Westchester, L.P. for the special waste disposal of drugs that have been held as evidence by the Police Department. The final cost of the disposal is to be determined once the evidence is collected; however, it is anticipated that it will not exceed the minimum cost of $250.
On the roll call, all voted "AYE." Motion carried.
M) MEMORANDUM FROM SUPERVISOR RE: APPROVAL OF REVISED GAZEBO PARK CONTRACT WITH WESTCHESTER COUNTY
Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to accept and sign an amended contract from the Westchester County Development project titled “Gazebo Park Improvement Project.” The revised contract reflects an increase of $19,236 bringing the total amount of the Grant for the Community Development Block Grant (CDBG) to $85,899. for the project.
On the roll call, all voted "AYE." Motion carried.
Councilwoman Ford encouraged residents to join the Walk the Bronx River event being sponsored by the Garth Road Conservancy on September 16th. In addition, Mrs. Ford provided the dates of the fall Citizen Corps classes as October 10th & 11th and October 17th & 18th.
As part of the Town's emergency preparedness, Mrs. Ford anticipates that the Town will participate in the Save the Children program. The program provides equipment designed to be used to respond to emergencies involving children.
Councilman Cacciola announced that the Eastchester Eagles Varsity Football Team would play a night game at Haindl Field on October 12th. Councilman Cacciola requested that the meeting be closed with a moment of silence for Mike Pinto.
Councilwoman Marcotte made several announcements regarding upcoming events in Tuckahoe, including Tuckahoe Day on September 2nd and the Tuckahoe Challenge on September 9th. Mrs. Marcotte encouraged the public to participate in the Village's “Wish List for Troops” program in which items are collected and sent to our servicemen and women overseas.
Mrs. Marcotte reported on the success of the 1st Annual Historical Society History Camp. Town Historian Dick Forliano and guest speakers presented to students the history of the County and the Town over the five day camp. The middle school age participants were Jack Flannery, John Mastroberardino, Matt Bosshart, Monica Calce, Philip Pinto, Louis Del Cueto, Kyle Merrone, Faith Gerol, Anthony Pelligrini and Melissa Leo.
Councilwoman Marcotte extended her congratulations to Bunny Rapaport and the cast and crew of the EYT production of South Pacific.
Councilman Cahalin congratulated the participants on a successful camp season. Mr. Cahalin reminded residents of a magic show scheduled at Lake Isle on August 15th and the weekly Friday night swim.
Supervisor Colavita provided a review of the Town's efforts to remediate the stormwater and sewer issues along the Crawford line, including the development of a Drainage Plan by Beth Evans Associates and meetings to discuss the remediation with the Village of Bronxville and Concordia College officials.
Further, the Town is preparing a grant application to secure funding for infrastructure repair, including the area along the Crawford line. Residents are being asked to submit an accounting of repairs that have had to be made as a result of flooding. The Town will include the documentation as part of the application. Supervisor Colavita asked that residents submit the invoice copies to Michelle Liscio for inclusion with the grant application.
Supervisor Colavita reported that the Town Hall generator has been installed and has passed the test start-up.
Since the completion of the Tuckahoe High School football field renovation has been delayed, the Town has granted permission for the use of Haindl Field to the football team for pre-season practice sessions.
Supervisor Colavita congratulated both TYA and Eastchester Little Leagues for successful off season play, including District 20 championships for five of the six Eastchester Little League teams.
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.
Peter DeFelice spoke about Fire Department matters and reviewed the history of the Haindl Field project. Mr. DeFelice requested that the field be unlocked and made available to anyone who wishes to use it.
Councilman Cacciola stated that all Town leagues and each of the School Districts have access to Haindl Field and that it has already been used by thousands of children.
Fred Moses stated that the United Water Treatment Plant should not be granted a Certificate of Compliance until all pipes are installed and connected. Mr. Moses stated that the disruption to the Town will continue for many years as the streets will have to be opened for installation to the facility.
Mr. Moses requested that Gazebo Park be unlocked on evenings and weekends and made available to the public for use.
There being no further public comment the meeting was adjourned with a moment of silence for Mike Pinto. Supervisor Colavita asked the public to keep Maria Maruzzella in their prayers. Maria, who had served as the Assistant Court Clerk for many years, suffers from congenital heart disease.
Minutes prepared by;
Linda Doherty Town Clerk
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Created by ldoherty. Last modified 2007-09-05 11:30:55. |