Village Board Minutes - January 4, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount

Kisco held on Monday, January 4, 2005 at 7:15p.m. in the Frank J. DiMicco Board Room,

Village Hall, Main Street, Mount Kisco, New York.

Present: Mayor J. Michael Cindrich

Trustee George L. Griffin, Jr.

Trustee Peter Grunthal

Trustee Anthony Markus

Absent: Trustee Peter DiChiara

Also Present: William Williams, Village Manager/ Clerk

James Palmer, Assistant Village Manager

Whitney Singleton, Village Attorney

Mayor Cindrich opened the meeting with the Pledge of Allegiance. Mayor Cindrich stated that we should all take solace that we are living in a great country and reflected back to Hurricane Floyd where many of us sustained flooding and suffered some devastation. Mayor Cindrich asked us to put that experience in perspective with this cataclysmic event in Southern Asia and asked that we remember the people that have survived and the people that have lost their lives. Mayor Cindrich asked everyone to join him in a moment of silence.

Public Hearing

Residential Parking Permit System

Assistant Village Manager, James Palmer, gave an overview of the proposed changes that were made to the Local Law in response to comments made by the community. Mr. Palmer advised that the only Residential Parking Permit District being proposed is Gatto Drive at this time, and included in the Local Law is the ability for Mount Kisco to allow for future Parking Permit Districts. Mr. Palmer advised that there are approximately twenty spaces currently available on Gatto Drive and to meet the statutory requirements in the Vehicle & Traffic law, 20% of the spaces will be made available (4 parking spaces) to non-residents. Mr. Palmer advised that the times and days of the week have also been changed to reflect the comments made by residents at the last public hearing, to include residential parking from 6:00am to 10:00pm, Monday through Saturday. Mr. Palmer said that the other change was limiting the number of parking permits per dwelling to two.

Mayor Cindrich asked Mr. Scalla if it has ever been suggested making Gatto Drive a one way street and asked Mr. Scalla how he felt about this.

Mr. Scalla stated that it would put a burden on the residents of the apartments. Mr. Scalla said that residents come into Gatto Drive from both directions and use the street as a by-pass into the lower part of the town and would not be in favor of this.

Mayor Cindrich said that currently parking is in front of the homes on the south side of the street and asked if it was ever considered having parking restricted to the North side of the street instead.

Mr. Scalla said that he felt that this would run into a health, welfare and safety issue for the residents. Now residents park and are able to unload their children onto the sidewalk and not into the street which is very busy.

Mr. Scalla thanked the Board for their hard work for putting together a proposal that will solve the problems of Gatto Drive residents. Mr. Scalla stated that because of this proposal the residents will now have the quality of life that everyone else has in Mount Kisco.

There being no further comments to come before the Board, a motion to close the Public Hearing was made by Trustee Markus and seconded by Trustee Griffin, Jr., all in favor.

Mayor Cindrich gave the Oath of Office to the following Mount Kisco Public Library Board of Trustees: Jeannine Meyer, President, Marie Kortmulder, Vice President, Jennifer Lewis, Treasurer, Richard Kauffman, Secretary, Andrea Eckstein Gara, Member at Large, Capel States, Member at Large, Shirley Cheatham Mosley, Ex Officio and Elizabeth Litt, Ex Officio.

1) Communications -

Village Manager, Bill Williams, advised that the Town of Bedford's wells have some serious health issues and while they are working on permanent solutions, in the short term they are looking for a large amount of water from New Castle. Mr. Williams advised that Mr. Tiess estimates approximately 500,000 gallons per day and they are looking to use the interconnection between Mount Kisco and New Castle. Mr. Williams advised that all costs to the Village would be paid by the Town of Bedford. Mr. Williams advised that Mount Kisco is under some regulation to have Kisco's interconnection with New Castle upgraded as part of the permit process and by utilizing this temporary method with Bedford, Mount Kisco would be able to do the upgrade at no cost. Mr. Williams advised that before Mount Kisco agrees to this, the Village needs to determine that there will be no hydrological impairments to the water distribution system by flowing additional water into the system on a regular basis to this area. Mr. Williams said that this study will have to be done by consultants for the Village that would be paid for by the Town of Bedford.

Mayor Cindrich stated that the issue is that Mount Kisco will serve as a pass-through for water supplied by the Town of New Castle to the Town of Bedford. Mayor Cindrich said that Mount Kisco would provide this interconnection with a Meter at the New Castle/Mount Kisco line which runs along 117. Mayor Cindrich said that there will be engineering issues regarding pressure because even now when that value is opened, it reduces pressure in some New Castle neighborhoods. Mayor Cindrich said that the Town of Bedford has reached the eleventh hour, there are a number of wells that are contaminated and they do not have enough water to supply their residents. Mayor Cindrich advised that they are working with Bedford to try to assist them.

Mayor Cindrich and the Board expressed their gratitude for his services. Trustee Markus said that he is a very knowledgeable and intelligent person and personally thanked him for his service.

C. Letter from Tom Jackson of 31 Knowlton, expressing his concern about the volume of traffic on Knowlton Avenue. Mr. Jackson is requesting in his letter that a speed hump be placed on the street to slow traffic down.

2) Petitions - None

3) Board, Committee and Commission Reports - None

4) Village Manager's Reports -

Village Manager, Bill Williams, advised that Byram Lake is at 100.8% of capacity and the aggregate pumping for the month of December 2004 was 1,316,092. Mr. Williams advised that during the month of December the Leonard Park Wells were on almost 50% of the time and the distribution of the aggregate pumping averaged around 140,000-200,000 gallons a day for a total consumption of approximately 1,202,000. Mr. William advised that on December 23, 2004 usage of the Wells stopped and the operation of the wells are off for the season.

Mr. Griffin, Jr. asked Mr. Williams how much of that water was sold to Bedford?

Mr. Williams stated that approximately 100,000 gallons were sold to Bedford and this amount is included in the total consumption.

B. Acting Building Inspector, Richard J. Stein, gave an overview of the proposed new Building Department Fees.

C. RFP for Former Swiss Site - Mr. Williams said that if there are no changes to the RFP he would put this on the agenda for the next meeting.

Mayor Cindrich asked for all comments to be submitted to Mr. Palmer.

D. Saw Mill River Pumping Station Evaluation and Update.

Thomas A. Lausten of Camp Dresser & McKee, Inc. gave the Board an update of their evaluation of the Saw Mill River Pumping Station as detailed in their report dated December 2004.

5) Board Reports - None

6) Old Business
A. Resolution Approving a Local Law Re: Appearance Tickets

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. approving a Local Law Amending Chapter 4 entitled Appearance Tickets of the Mount Kisco Code, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution Approving a Local Law Re: Penalties for Violations

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus approving a Local Law Amending various sections of the Mount Kisco Code concerning Penalties for Violations, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution Appointing to the Board of Fire Commissioners

Motion made by Mayor Cindrich and seconded by Trustee Grunthal appointing John Marshall to the Board of Fire Commissioners for a term to expire December 1, 2008, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Resolution Approving the Offer of Dedication for a portion of property located at 193 East Main Street

Motion made by Trustee Marcus and seconded by Mayor Cindrich authorizing the Village Manager to sign the offer of dedication for a portion of property located at 193 East Main Street and designated on the tax map as Section 80.33, Block 2, Lot 1, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution Approving North East Westchester Special Recreation Agreement

Motion made by Trustee Grunthal and seconded by Trustee Griffin authorizing the Village Manager to sign the North East Westchester Special Recreation Interagency Agreement, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution Appointing to the Building & Grounds Committee

Motion made by Trustee Griffin, Jr. and seconded by Trustee Grunthal appointing Ronald Asaro to the Building & Grounds Committee, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution Approving a Local Law Re: Residential Parking Permit System

Motion made by Mayor Cindrich and seconded by Trustee Markus approving a Local Law adding a new Chapter entitled Residential Parking Permit System of the Mount Kisco Code, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Motion made by Trustee Grunthal and seconded by Trustee Marcus approving the following Budget Modifications for the fiscal year 2004/2005

(1) Increase General Fund Appropriations:

A1440.4171 Village Engineer - Outside Contracts $40,000

Decrease General Fund Appropriations:

A1440.100 Village Engineer - Personal Services Full-Time $40,000

To reallocate unused appropriations due to the vacant Village Engineer position, for use to contract with outside engineering firm, Dolph Rotfeld (i.e., Michael Stein). After Howard Zane's retirement in September, $43,977 of available budgetary appropriations are left in the A1440.100 Village Engineer - Personal Services account to be reallocated.

(2) Increase General Fund Appropriations:

A1640.434 Central Garage - Gas & Diesel Fuel $40,000

Decrease General Fund Appropriations:

A1990.400 Contingency $40,000

To provide additional appropriations for gas and diesel fuel purchases for the balance of the fiscal year. Given the high cost of energy, the $52,000 budgeted was inadequate. To date, $48,835 has been expended from the A1640.434 Gas & Diesel Fuel account.

(3) Increase General Fund Appropriations:

A3120.4171 Police - Outside Contracts-Vehicles $ 2,000

A5110.4171 Street Maintenance - Outside Contracts-Vehicles 750

A5142.4171 Snow Removal - Outside Contracts-Vehicles 1,500

A7141.4171 Recreation-Parks - Outside Contracts-Vehicles 1,000

Total $ 5,250

A3120.433 Police - Vehicle & Equip Parts 7,000

A5110.433 Street Maintenance - Vehicle & Equip Parts 3,000

A5142.433 Snow Removal - Vehicle & Equip Parts 10,000

A8160.433 Refuse Collection - Vehicle & Equip Parts 3,000

Total $23,000

Decrease General Fund Appropriations:

A1640.417 Central Garage - Outside Contracts $ 5,250

A1640.433 Central Garage - Vehicle & Equip Parts 23,000

To reallocate budgetary appropriations from the Central Garage budget to the various departmental budgets, in order to provide departmental accountability and budgetary responsibility for vehicle parts and repairs. It is hoped that the Village will be better able to control vehicle repair and maintenance costs if the home department is responsible for the respective costs associated with their vehicle fleet. See attached year-to-date expenditure summaries. However, note that at this time, the entire A1640.433 budget has been nearly depleted, and there were not enough appropriations for the A5110.433 Street Maintenance - Vehicle and Equipment Parts account.

(4) Increase General Fund Appropriations:

A1940.400 Purchase of Land $ 2,698

A1950.400 Taxes of Municipal Property 626

Decrease General Fund Appropriations:

A1990.400 Contingency $ 3,324

To provide necessary appropriations to purchase the Hicks property on Maple Ave. ($2,698), plus the Village's share of property taxes from the closing date to end of fiscal year ($626). This purchase of land was made following the Board's authorization to acquire such land.

(5) Increase General Fund Appropriations:

A3620.100 Safety Inspections - Personal Services Full-Time $16,302

A8914.100 Assessor - Personal Services Full-Time 16,302

A3620.110 Safety Inspections - Personal Services Part-Time $25,000

Decrease General Fund Appropriations:

A8914.110 Assessor - Personal Services Part-Time $25,000

A1490.100 Commissioner - Personal Services Full-Time 32,604

To provide necessary appropriations for a full-time position of Assessment Clerk / Secretary to Assistant Village Manager (Patricia Tipa) for the period September through May ($32,604), to be funded primarily by a vacant part-time Assessment Clerk position in the budget ($25,000), with the balance to be provided by the unfilled Commissioner of Public Works position. Also, to provide $25,000 for part-time Acting Building Inspector (Richard Stein), while Building Inspector Austin Cassidy is on medical sick leave. This funding also to come from the unfilled Commissioner of Public Works position. See attached year-to-date expenditure summaries.

(6) Increase General Fund Appropriations:

A4210.417 Drug & Alcohol Abuse - Outside Contracts $ 3,000

Decrease General Fund Appropriations:

A4210.110 Drug & Alcohol Abuse - Personal Svcs Part-Time $ 3,000

To split the clinical coordinator salaries budget between payroll and outside contracts, in order to better monitor the budget. The Village reduced the amount of this service from $14,400 last fiscal year to $7,200 this fiscal year. One clinical coordinator is paid on the payroll, one clinical coordinator is paid by claim voucher. See attached year-to-date expenditure summary.

(7) Increase General Fund Appropriations:

A5110.100 Street Maintenance - Personal Services Full-Time $54,380

Decrease General Fund Appropriations:

A1990.400 Contingency $54,380

To transfer amount included in Contingency Account for retired General Foreman George Brown's unused sick and vacation leave paid upon his retirement in September. See attached year-to-date expenditure summary.

(8) Increase General Fund Appropriations:

A8160.110 Refuse Collection - Personal Services Part-Time $12,000

Decrease General Fund Appropriations:

A8160.120 Refuse Collection - Personal Services Overtime $12,000

To reallocate appropriations from the Refuse Collection overtime budget account to pay for a part-time employee hired on a temporary basis. See attached year-to-date expenditure summary.

(9) Increase General Fund Appropriations:

A8915.412 Town Attorney - Legal Fees $ 5,000

Decrease General Fund Appropriations:

A1420.412 Village Attorney - Legal Fees $ 5,000

To reallocate appropriations from the Village Attorney account to the Town Attorney account to provide for the Town Prosecutor's (John Donohue) retainer contract of $19,000, vs. the $14,000 included in the budget. See attached year-to-date expenditure summaries.

(10) Increase General Fund Appropriations:

A8916.110 Town Elections - Personal Services Part-Time $ 251

A8916.120 Town Elections - Personal Services Overtime 295

A8916.130 Town Elections - Personal Services Double-Time 177

A8916.410 Town Elections - Development 60

A8916.417 Town Elections - Outside Contracts 280

A8916.421 Town Elections - Light & Power 4

Decrease General Fund Appropriations:

A8916.425 Town Elections - General Maintenance & Upkeep $ 1,067

To reallocate budget appropriations within the Town Election budget to provide for overdrawn appropriations. See attached year-to-date expenditure summary.

(11) Increase Appropriations:

A9010.800 State Retirement - Empl. Benefits (General Fund) $31,582

F9010.800 State Retirement - Empl. Benefits (Water Fund) 4,314

G9010.800 State Retirement - Empl. Benefits (Sewer Fund) 2,965

L9010.800 State Retirement - Empl. Benefits (Library Fund) 198

Decrease Appropriations:

A9015.800 Police Retirement - Employee Benefits $ 3,335

A1990.400 Contingency (General Fund) 28,247

F1990.400 Contingency (Water Fund) 4,314

G1990.400 Contingency (Sewer Fund) 2,965

L1990.400 Contingency (Library Fund) 198

To provide additional appropriations needed for employer share of NYS and Local Employees Retirement System contributions. See attached year-to-date expenditure summaries.

(12) Increase Water Fund Appropriations:

F8310.412 Water Administration - Legal Fees $37,000

F8310.417 Water Administration - Outside Contracts $40,000

Decrease Water Fund Appropriations:

F1990.400 Contingency $77,000

To provide additional appropriations for legal fees and outside consulting fees pertaining to the Carlin Contracting Corp. change order claim. Note that the Village has $200,000 available in the Water Fund contingency account (after deducting the amount set aside for estimated union contract settlement). See attached year-to-date expenditure summary.

(13) Increase Water/Sewer Fund Appropriations:

F8340.130 Water Transmission & Distribution - Personal

Services Double-Time $10,000

G8120.130 Sanitary Sewer - Personal Services Double-Time 14,000

Decrease Water/Sewer Fund Appropriations:

F8340.120 Water Transmission & Distribution - Personal

Services Overtime $10,000

G8120.120 Sanitary Sewer - Personal Services Overtime 14,000

To allocate overtime included in budget between overtime pay and double-time pay in the Water and Sewer Funds. See attached year-to-date expenditure summaries.

(14) Increase Debt Service Fund Appropriations:

V9730.600 Bond Anticipation Notes - Principal $1,280,000

Increase Debt Service Fund Estimated Revenues:

V057.5710 Serial Bond Proceeds $1,280,000

To modify the adopted budget for the amount of bond anticipation notes (BAN's) that were converted to serial bonds. When the budget was adopted, we intended to reduce the amount of BAN's by $1,010,000 - i.e., $995,000 for Swiss Benevolent claim BAN and $15,000 for recreation multi-purpose building BAN - and to renew the balance of the BAN for $1,280,000 ($995,000 settled claim plus $285,000 multi-purpose building). However, we subsequently decided to retire the BAN's in full ($1,990,000 settled claim plus $300,000 multi-purpose building, for a total of $2,290,000). Therefore, the BAN principal appropriation account is overexpended by $1,280,000 ($995,000 settled claim plus $285,000 multi-purpose building). The budget modification is to appropriate the amount of serial bond proceeds that were used to retire the additional BAN balances ($1,280,000).

(15) Increase General Fund Appropriations:

A3320.4171 Parking - Outside Contracts-Vehicles $ 4,672.77

A3120.4171 Police - Outside Contracts-Vehicles 2,505.28

A3120.4171 Police - Outside Contracts-Vehicles 1,691.84

Increase General Fund Estimated Revenues:

A0265.2680 Insurance Recoveries $ 8,869.89

To appropriate insurance recovery proceeds from NYMIR (insurance co.) to provide appropriations for vehicle repairs. Reference 8/13/04 $4,672.77 parking van; 11/05/04 $2,505.28 police car; 12/10/04 $1,691.84 police car.

The following motion was offered by Trustee Grunthal and seconded by Trustee Marcus to pay the bills, all in favor.

General Fund $112,323.86

General Fund Claims $111,455.41

Water Fund Claims 761.87

Sewer Fund Claims 106.58

Library Fund Claims 0

Trust Fund Claims 0

Senior Nutrition Fund 3,517.18

Water and Sewer Fund 51,315.50

Water Fund Claims 49,181.45

Sewer Fund Claims 2,134.05

Library Fund 2,090.35

Capital Projects Fund 36,536.34

Trust Agency Fund 8,308.61

TOTAL $ 214,091.84

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Motion made by Trustee Grunthal and seconded by Trustee Markus approving the following minutes:

December 20, 2004 - Public Hearing Appearance Tickets

December 20, 2004 - Public Hearing Penalties for Violations

December 20, 2004 - Public Hearing Residential Parking Permit System

December 20, 2004 - Regular Village Board Meeting

10) Local Business - None

11) Public Comment.

There being no further business to come before the Board a motion to close the meeting at 9:50 pm was made by Trustee Marcus and seconded by Trustee Griffin, Jr., all in favor.

William F. Williams

Village Clerk

Regular Meeting January 4, 2005 1.

Public Hearing - Residential Parking Permit System

Created by superuser. Last modified 2005-09-13 15:52:01.