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04/15/2008 Town Board Meeting


MINUTES OF THE TOWN BOARD

April 15, 2008

Minutes of a Meeting of the Town Board of the Town of Eastchester held on April 15, 2008, 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

Councilman Frederick Salanitro

Town Clerk Linda Doherty

Town Attorney Lou Reda

Comptroller Ann Marie Berg

IV. SPECIAL PRESENTATIONS

    • EASTCHESTER/TUCKAHOE CHAMBER OF COMMERCE

Kathy Muscat, President of the Eastchester/Tuckahoe Chamber of Commerce made a presentation regarding the 60th Anniversary of the Chamber of Commerce and announced an upcoming dinner dance to be held on May 2, 2008 at Lake Isle.

    • EASTCHESTER INSTRUCTIONAL BASKETBALL LEAGUE

Supervisor Colavita reported that 375 boys and 140 girls in grades 4-12 had participated in the Eastchester Instructional Basketball League (EIBL) program. Seven teams represented the Town in the Westchester County Recreation Tournament. The 7th & 8th grade girl's team won the Championship for their division. Supervisor Colavita presented the team with t-shits to commemorate the accomplishment.

The members of the team incldue: Kimberly Colasuonno, Kristen Martin, Danielle Rella, Paige Kennedy, Janie Marcin, Kristen Michels, Gabrielle Pinto, Megan Callanan and Christina Camaj. The coaches, each former EIBL players, were Kaitlin McLoone, Deb Ryan, Kristen Swikata and Emily Kehoe.

  1. OPPORTUNITY TO ADDRESS THE BOARD ON AGENDA ITEMS

Peter DeFelice made an inquiry about the proposed insurance renewal with Wachovia Insurance Services. The response is included in the Law Agenda below.

  1. APPOINTMENTS

A) APPOINTMENTS - HIGHWAY DEPARTMENT

Per a request from Superintendent of Highways, Hector DiLeo, Councilman Cahalin offered a motion that was seconded by Councilwoman Marcotte to approve the appointment of Carlos Iglesias, to the full time position of Laborer (Group E, Step 1) at the annual salary of $39,466 effective June 16, 2008. Mr. Iglesias will be requested to serve a probationary period which will run not less than twelve weeks and not more than fifty-two weeks. Funds are available in the 2008 budget.

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

Per a request from Superintendent of Highways, Hector DiLeo, Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve the appointment of Mark Garafola, to the full time position of Motor Equipment Operator (Group F, Step 4) at the annual salary of $56,795 effective April 18, 2008. Mr. Garafola will be requested to serve a probationary period which will run not less than twelve weeks and not more than fifty-two weeks. Funds are available in the 2008 budget.

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

B) APPOINTMENTS - TRAFFIC AND PARKING ADVISORY COMMITTEE

Councilman Cahalin offered a motion that was seconded by Councilwoman Ford to approve the appointment of Ken Simonides as an alternate to the Traffic and Parking Advisory Committee effective April 16, 2008- March 15, 2009.

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

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve the appointment of Chuck Vollmoeller as an alternate to the Traffic and Parking Advisory Committee effective April 16, 2008- March 15, 2009.

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

  1. APPROVAL OF MINUTES

A) APPROVAL OF MINUTES OF THE APRIL 1, 2008 TOWN BOARD MEETING

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve the Minutes of the April 1, 2008 Town Board Meeting as prepared by Town Clerk Linda Doherty.

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

  1. REPORTS OF DEPARTMENTS, BOARDS AND COMMISSIONS

A) POLICE DEPARTMENT

The Board reviewed and approved for filing reports for March 2008: Parking Summonses, Citation Activity Report, Patrol Activity Report and the Traffic Accident Report.

Police Chief Bonci encouraged the public to watch the taping of the Communities That Care Panel discussion that will appear on the local access channel. The panel discussed the parental responsibility of underage drinking. The Police Department has established a `tip line' on which residents can submit anonymous reports of underage drinking, parties and other issues of concern. The number is 961-3138.

B) LAW DEPARTMENT

  1. RESOLUTION AUTHORIZING THE SETTLEMENT OF A CLAIM BY CROSS COUNTY TAXI COMPANY, INC.

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the settlement of a claim by Cross County Taxi Company, Inc. against the Town of Eastchester in the sum of $800.00 for damages sustained to Cross County Taxi's automobile when a Town of Eastchester Highway Department vehicle accidentally struck it.

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

  1. RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN INSURANCE RENEWAL WITH WACHOVIA INSURANCE SERVICES

Supervisor Colavita explained that Councilman Cahalin worked closely with the Town Attorney and the Comptroller to obtain the best insurance policy at the best price. In 2007 Wachovia Insurance Services, a separate division from Wachovia Bank, provided a more comprehensive policy to the Town at a savings of $100,000. The current policy being offered provides an increase in coverage and an additional savings of over $9,000.

Supervisor Colavita offered a motion that was seconded by Councilman Cahalin to approve a RESOLUTION authorizing the Supervisor to enter into an insurance renewal agreement with Wachovia Insurance Services for a total premium of $315,065 for the policy period April 30, 2008-April 30, 2009.

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

  1. RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE AND DELIVER A RENEWAL AGREEMENT BETWEEN THE TOWN OF EASTCHESTER AND NETWORK ADJUSTERS, INC.

Town Attorney Lou Reda explained that Network Adjusters manages and administers litigation and claims for the Town.

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the Supervisor to execute and deliver a renewal agreement between the Town of Eastchester and Network Adjusters, Inc., effective March 31, 2008-March 30, 2009.

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

  1. RESOLUTION AUTHORIZING THE SUPERVISOR AND THE TOWN BOARD TO APPROVE THE STORMWATER PLAN ANNUAL REPORT FOR YEAR 5

Supervisor Colavita introduced Michael Ritchie of Dolph Rotfeld Engineers to provide the highlights of the Stormwater Management Plan to date. Mr. Ritchie provided a report of the following:

1. Participation in the Intermunicipal Agreement with Westchester County to qualify for State funds and assistance to public education and participation,

2. The Town Board has adopted required legislation - Local Law 8-2007, “Illicit Detection and Elimination Law” and Local Law 1-2008, “ The Stormwater Management and Erosion and Sediment Control Law,”

3. The mapping and regular inspection of stormwater outflow,

4. Establishment of policy and procedures for the Highway Department with respect to projects that impact stormwater quality.

Councilwoman Ford asked Mr. Ritchie to notify the Town of any grant opportunities with regard to rain gardens. Mr. Ritchie indicated that he is unaware of such funding, but will notify the Town if such funding becomes available.

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve the Stormwater Plan Annual Report for Year 5.

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

  1. RESOLUTION AUTHORIZING THE SETTLEMENT OF A CERTIORARI PROCEEDING BY ALBINA ENTERPRISES

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by Albina Enterprises affecting premises known as Section 2, Block 1, Lot 15B - 94 Parkway Road (Bronxville) as follows:

ASSESSMENT YEAR

TAX YEAR

ASSESSED VALUATION

PROPOSED SETTLEMENT A.V.

AMOUNT OF REDUCTION

1997

1998

$37,600.00

$37,600.00

-0-

1998

1999

$37,600.00

$37,600.00

-0-

1999

2000

$37,600.00

$37,600.00

-0-

2000

2001

$37,600.00

$37,600.00

-0-

2001

2002

$37,600.00

$37,600.00

-0-

2002

2003

$37,600.00

$34,700.00

$ 2,900.00

2003

2004

$37,600.00

$32,000.00

$ 5,600.00

2004

2005

$37,600.00

$30,600.00

$ 7,000.00

2005

2006

$37,600.00

$29,550.00

$ 8,050.00

2006

2007

$37,600.00

$27,550.00

$10,050.00

2007

2008

$37,600.00

$27,600.00

$10,000.00

TOTAL TOWN TAX REFUND $866.62

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

  1. RESOLUTION AUTHORIZING THE SETTLEMENT OF A CERTIORARI PROCEEDING BY URSTADT, INC./TWO PARK PLACE CORP

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by Urstadt, Inc./Two Park Place Corp. affecting premises known as Section 4, Block 2, Lot 7 - Two Park Place as follows:

ASSESSMENT YEAR

TAX YEAR

ASSESSED VALUATION

PROPOSED SETTLEMENT A.V.

AMOUNT OF REDUCTION

1996

1997

$48,200.00

$48,200.00

$-0-

1997

1998

$50,200.00

$50,200.00

$-0-

1998

1999

$50,200.00

$50,200.00

$-0-

1999

2000

$50,200.00

$50,200.00

$-0-

2000

2001

$50,200.00

$50,200.00

$-0-

2001

2002

$50,200.00

$50,200.00

$-0-

2002

2003

$50,200.00

$47,750.00

$ 2,450.00

2003

2004

$50,200.00

$44,600.00

$ 5,600.00

2004

2005

$50,200.00

$41,500.00

$ 8,700.00

2005

2006

$50,200.00

$39,700.00

$10,500.00

2006

2007

$50,200.00

$36,750.00

$13,450.00

2007

2008

$50,200.00

$34,650.00

$15,550.00

TOTAL TOWN TAX REFUND $1,126.64

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

  1. RESOLUTION AUTHORING THE SETTLEMENT OF A CERTIORARI PROCEEDING BY 727 EQUITIES, LLC

Supervisor Colavita offered a motion that was seconded by Councilwoman Marcotte to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by 727 Equities, LLC affecting premises known as Section 63A, Block 2, Lots 6,8 & 10 - 727 White Plains Road as follows:

ASSESSMENT YEAR

TAX YEAR

ASSESSED VALUATION

PROPOSED SETTLEMENT A.V.

AMOUNT OF REDUCTION

2005

2006

$82,000.00

$55,080.00

$26,920.00

2006

2007

$82,000.00

$51,450.00

$30,550.00

2007

2008

$82,000.00

$49,680.00

$32,320.00

*TO BE BONDED AT A LATER DATE

Eastchester School Board Approved the Settlement

TOTAL TOWN TAX REFUND $19,192.56

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

  1. RESOLUTION AUTHORIZING THE SETTLEMENT OF A CERTIORARI PROCEEDING BY CRESTWOOD OWNERS, INC.

Supervisor Colavita offered a motion that was seconded by Councilwoman Ford to approve a RESOLUTION authorizing the settlement of a certiorari proceeding instituted by Crestwood Owners, Inc. affecting premises known as Section 65L, Block 1, Lots 4E and 4G - 500 White Plains Road as follows:

Section 65L, Block 1, Lots 4E - 500 White Plains Road

ASSESSMENT YEAR

TAX YEAR

ASSESSED VALUATION

PROPOSED SETTLEMENT A.V.

AMOUNT OF REDUCTION

1998

1999

$178,700.00

$178,700.00

$-0-

1999

2000

$178,700.00

$178,700.00

$-0-

2000

2001

$178,700.00

$178,700.00

$-0-

2001

2002

$178,700.00

$178,700.00

$-0-

2002

2003

$178,700.00

$174,900.00

$ 3,800.00

2003

2004

$178,700.00

$162,400.00

$16,300.00

2004

2005

$178,700.00

$155,550.00

$23,150.00

2005

2006

$178,700.00

$158,200.00

$20,500.00

2006

2007

$178,700.00

$145,800.00

$32,900.00

2007

2008

$178,700.00

$136,900.00

$41,800.00

Eastchester School Board Approved the Settlement *TO BE BONDED AT A LATER DATE

TOWN TAX REFUND (LOT 4E) $28,578.81

Section 65L, Block 1, Lot 4G - 500 White Plains Road

ASSESSMENT YEAR

TAX YEAR

ASSESSED VALUATION

PROPOSED SETTLEMENT A.V.

AMOUNT OF REDUCTION

1998

1999

$111,300.00

$111,300.00

$-0-

1999

2000

$111,300.00

$111,300.00

$-0-

2000

2001

$111,300.00

$111,300.00

$-0-

2001

2002

$111,300.00

$111,300.00

$-0-

2002

2003

$111,300.00

$107,200.00

$ 4,100.00

2003

2004

$111,300.00

$ 99,500.00

$11,800.00

2004

2005

$111,300.00

$ 95,300.00

$16,000.00

2005

2006

$111,300.00

$ 96,950.00

$14,350.00