Village Board Minutes - January 31, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, January 31, 2005 at 7:30 p.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

Trustee Peter DiChiara (arrived at 7:55pm)

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 asked everyone to join him in a moment of silence so that we may reflect on why we are here and ask for guidance in the decisions we make here this evening that they may benefit all the people of Mount Kisco. Mayor Cindrich also asked that Rev. Rufus Strother Jr., of the Bethel Baptist Church be remembered this evening. The congregation of the Bethel Baptist Church lost a true leader in Rev. Strother Jr.,

1) Communications -

James Cuffe, President of the Mount Kisco Ambulance Corps presented Norman Rice with a plaque from the Ambulance Corps honoring him for his 50 years of service to the Corps.

Mayor Cindrich presented the following proclamation to Norman Rice.

WHEREAS, Norman Rice moved to the Village/Town of Mount Kisco 1953 after finishing service in the United States Army, and

WHEREAS, Norman Rice married Jennie Perri in October, 1953 and are the proud parents of Perry and Dean and the proud grandparents of four grandchildren, Alexis, Hannah, Gabrielle and Danielle; and

WHEREAS, Norman Rice first joined the Mount Kisco Lions Volunteer Ambulance Corps in October, 1954 the predecessor of the Mount Kisco Volunteer Ambulance Corps, Inc.; and

WHEREAS, Norman Rice was an active riding member of the Mount Kisco Ambulance Corps through 1996, responding to countless thousands of call-ins over 42 years of dedicated service and helping to train many of the members serving the Ambulance Corps today; and

WHEREAS, Norman Rice worked for over 24 years for the Mount Kisco Parking Authority and the Village of Mount Kisco; and

WHEREAS, Norman Rice with 50 years of volunteering, has the longest period of continuous service of any member in the 76 year history of the Mount Kisco Volunteer Ambulance Corps; and

NOW, THEREFORE, I, J. Michael Cindrich, Mayor of the Village/Town of Mount Kisco do hereby proclaim Tuesday, February 1, 2005 as NORMAN RICE DAY, in the Village of Mount Kisco and I do further proclaim that all the residents of the Village join with me in congratulating Norman Rice on his many accomplishments and his dedication to the well being of the Village/Town of Mount Kisco.

B. Letter from Marilyn Medini re: resignation from the Board of Assessment Review.

Mayor Cindrich read the letter from Marilyn Medini resigning from the Board of Assessment Review dated January 13, 2005. Mayor Cindrich requested that a letter of thanks be sent to Mrs. Medini for her many years of service to the Board of Assessment Review.

C. Letter from William Stewart re: Police Assistance for Parades and Annual Functions in the Village.

Mayor Cindrich read the letter from William Stewart regarding Police Assistance for Parades and Annual Functions in the Village dated January 12, 2005.

Mr. Stewart stated that back in October Deputy Mayor Peter DiChiara suggested that individual organizations might have to be charged back to pay for police assistance during a community parade or ceremony. He stated that he might be reading between the lines with regards to this new change. He stated that the reason for the letter was that he didn't want to have any surprises come up at the last minute, because thousands of dollars were currently tied up for functions already scheduled this year.

Trustee DiChiara stated that last year the budget was cut back drastically because of unanticipated retirement costs, health costs and, every department in the Village suffered with cut backs. One of the items that was also cut back was Police overtime. Chief Dagostino stated that the overtime budget was not under his control because the Village Board was mandating overtime costs by approving these types of community functions. The Board agreed that any time there was an event that was going on in the Village and there was a request for Police assistance they would have to send a letter to the Village Board 30 days prior to the event, the Board would then refer the letter to the Chief of Police to quantify the amount of costs that would be associated with this event and then at the next Board Meeting the Board would officially approve the amount for the Police overtime costs and if possible find ways to reduce that cost through the use of volunteers or possibly shortening the parade route. He added that the Board was not going to cancel any of these community events. He stated that it was the Board's fiscal responsibility to know that when police overtime presence is approved to know exactly how much money will be spent on overtime costs.

D. Letter from John Donohue re: Annual St. Patrick's Day Parade.

Mayor Cindrich read the letter from John Donohue regarding 15^th Annual St. Patrick's Day Parade dated January 18, 2005.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request to hold the Annual St. Patrick's Day Parade on March 12, 2005, subject to the following conditions that the St. Patrick's Day Committee meet with the Chief of Police and for the Chief to quantify the costs of the parade so that we can approve the overtime costs at the February 14, 2005 Village Board Meeting, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

E. Letter from Ken Marsolais, Northern Westchester Center for the Arts re: Summer Shakespeare in the Park.

Mr. Marsolais, Artistic Director of the Northern Westchester Center for the Arts reviewed the request for the use of the Branch Brook Green area on Sunday, July 17, 2005 from 1:00 pm to 8:00 pm to stage an annual Shakespeare in the Park Celebration.

The Village Board decided to defer voting on this matter until the next Village Board meeting. The Board requested further information from Mr. Marsolais regarding the estimated number of people that might be attending this function and also specifically what services was he anticipating needing from the Village with regard to clean-up. Mayor Cindrich asked Mr. Marsolais to coordinate this event with the Mount Kisco Chamber of Commerce and local area businesses to minimize unnecessary disruption. Mayor Cindrich recommended that Mr. Marsolais meet with the Village Manager and the Assistant Village Manager to review the specifics of this request. Mayor Cindrich stated that the Board would be supportive of this program. However, the number of people attending may have to be limited to ensure the safety of all those in attendance.

This item was tabled until February 14, 2005.

F. Letter from the Friends of the Mount Kisco Public Library re: Former Post Office Building.

Mayor Cindrich read the letter from the Friends of the Mount Kisco Public Library, Inc. dated January 19, 2005.

Mayor Cindrich stated that the Friends of the Mount Kisco Public Library can be comfortable in the building because the Village Board has not had any plans come forward. The Village Board is currently weighing where we should go with this, whether a sale or lease of the property is advantageous to the Village. Mayor Cindrich stated the building has been sitting vacant for almost 12 years. It's a valuable resource to the community but think of all the income the Village has lost over those 12 years. Something needs to be done with the building. The Village Board has a fiduciary responsibility to the tax payers to do something with the building, either get it on the tax roll or derive an income from the space that is not being used. The other problem with the building not being used is that the building is in a state of decay. The Village is just dumping good money into it and the original investment was perhaps good money, but it would have behooved the Village to have a tenant in there or put Village Employees in there. The Board tried to relocate the Library facilities into the old post office, but one of the issues was the DEP and the environmental constrains on the entire campus. Mayor Cindrich stated that the Village is trying to work towards doing something with the building in the future, but that the Friends of the Library will not be left out in the cold. We will find a place for them to hold their book sales and hopefully we will find an interim place for the Library to operate in close proximity to the down town, possibly a satellite office will work. If the construction is done properly it's not going to be a protracted period of time, that's why the Village is going through this design phase right now.

Virginia Lee, President of the Friends of the Mount Kisco Public Library, Inc. asked if they could at the present time continue to collect books all year long. She stated that having the storage space during the year has been a major advantage to the Friends of the Library, once they loose the space they will not be able to have another sale of this magnitude because all the books that are being collected throughout the year will have to be disposed of. She asked if the Village Board could give them advanced notice if they were to have to vacate the building and that the Friends of the Library be granted permission to have a book sale at the Old Post Office Building so that they maybe able to get rid of many of the books before they have to leave the building.

Mayor Cindrich stated absolutely, the Village Board is committed to working with the Library Board to bring the project to fruition and we consider the initiative that the Friends of the Library set forth with the sale of the books to help us fund this project was very admirable. It would behoove us to make sure that we give you not only advance notice but to assist you in finding another location to work from.

Trustee Griffin, Jr. asked if the Friends of the Library could have more book sales during the year, perhaps 2 or 3, which would help to reduce the inventory so when and if the time comes for them to relocate from the building it would be a lot easier to move less book.

Mrs. Virginia Lee replied that volunteerism is not easy to come by, and it takes a lot of work for people to donate there time. The Friends of the Library will have a book sale if the Village Board tells them they have to leave the old post office in a certain amount of time.

Trustee DiChiara noted that the Friends of the Library will be creating a foundation to help with the new Library construction project and he hoped the campaign would be very successful fund raising campaign.

G. Letter from John Piazza, Chairman Board of Ethics re: reappointment of Cecilia Yozzo to the Board of Ethics.

Mayor Cindrich read the letter from John Piazza, Chairman of the Board of Ethics re: reappointment of Cecilia Yozzo to the Board of Ethics dated January 14, 2005.

H. Letter from Teresa Sacchetti, Chairperson Leonard Park Committee re: reappointment of David Grant and Teresa Sacchetti.

Mayor Cindrich read the letter from Teresa Sacchetti, Chairperson of the Leonard Park Committee re: reappointment of David Grant and Teresa Sacchetti dated January 26, 2005.

2) Petitions - None

3) Board, Committee and Commission Reports - None

4) Village Manager's Reports -

A. Status of Water Supply

Village Manager, Bill Williams, advised that Byram Lake was at 100.7% of capacity.

B. Village Manager, Bill Williams updated the Board with regards to the recent water main break over the weekend.

Trustee DiChiara requested that a letter be sent all the households that were affected by the water main break over the weekend. The letter should describe how the break occurred, what we did in response to it, what we did well, what we need to do better and advising them about the Mount Kisco email notification system.

Village Manager, Bill Williams advised that he had already composed a letter about the water main break and that the letter will be mailed out tomorrow.

Mayor Cindrich and the Village Board of Trustees thanked all the Village Employees who worked so hard and diligently to repair the water main break under such adverse conditions.

C. Village Manager, Bill Williams recognized all the DPW Staff members that worked so hard during the recent blizzard/snow emergency event. They plowed and treated our roads, parking lots and all Village owned infrastructures: Andrew Tiess, Peter Scala, Mike Curse, Fred Antonini, Bud Jobin, Ed Sordelini, Dean Rice, Joel Burlingame, Shaun Odum, Nick Porretto, Anthony Carvalho, Chris Roth, Al Bueti; Chris Miller, Manny Acuna, Robert Wray, Patrick Brown, Dennis Rollins, Louis Cardea, Peter Hagen, Gilmar Chin, David Hughes, Richard Hicinbothem, Wayne Knapp, Joe Corsi, Willie Gomez, Gary Pecor, Bob Dennet, Joe Luppino and Joe Cosentino, Jr.

Village Manager, Bill Williams stated that pursuant to the recommendations of the Planning Board, listed below is the traffic promulgation for Lundy Lane.

No Parking, Standing or Stopping (On its southerly side throughout its entirety).

Village Manager, Bill Williams noted that no promulgation has been included here for Lenox Place since no parking has already been promulgated on the northerly side for its entirety. Also, no parking is currently in place for the southerly side for a distance of 30 feet from the Main Street intersection.

Trustee DiChiara asked about the status of the traffic promulgation for Locust and Elm Street.

Assistant Village Manager, James Palmer stated that the Planning Board Members also reviewed that area and it is their recommendation at this point in time that there is not a one way implemented. What we did implement a few meetings back, were no parking on the northerly side on Elm and to eliminate the parking on the southerly side of Locust. Mr. Palmer also stated that with regards to the ingress and egress that was associated with the new retail complex it was determined that there is traffic coming in off of Lexington Avenue into that complex as well as an egress out of the retail complex, so that would really limit the ability to make a one way on Elm Street.

Trustee DiChiara stated that he has heard from resident owners that a one way is needed and that they are fearful every time they drive on Locust and Elm. There is a severe safety condition and now the Village has been put on notice and I am going to request that this Board consider putting a one way on Locust and Elm at a future meeting.

Four hour limited parking Monday Through Friday, except Holidays on the northerly side throughout its entirety.

Mayor Cindrich requested that a study be done to expand the parking meter area, ie. East Hyatt, Smith Avenue, Lexington Avenue south of Green Street and north of Gatto on the westerly side.

5) Board Reports

Mayor Cindrich stated that there is a group of people working in North Castle to preserve property and we are doing everything we can to work with them in and around Byram Lake and we are asking for their support not only with Trump's project but with also the DuBos property. Mayor Cindrich stated that he though that we have opened up a good dialog with North Castle in this endeavor and I hope to expand it into the Town of Bedford.

Mayor Cindrich stated that an initiative had been started to help house the homeless by local churches and synagogues in the area. The Village can help to offer shelters to the homeless at virtually no cost to the tax payers. If any one was interested in volunteering they should either contact Mayor Cindrich or Rev. Paul Alcorn.

6) Old Business

A. Reappointment of Cecilia Yozzo to the Board of Ethics for a 3 year term to expire on 12/3/07.

Motion made by Mayor Cindrich and seconded by Trustee DiChiara reappointing Cecilia Yozzo to the Board of Ethics for a (3) year term to expire 12/3/2007, all in favor

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Reappointment of David Grant and Teresa Sacchetti for a 5 year term to expire on 12/7/09.

Motion made by Trustee Grunthal and seconded by Trustee Markus reappointing David Grant and Teresa Sacchetti for a 5 year term to expire on 12/7/09, all in favor

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Board Resolution authorizing the Village Manager to retain the services of FP Clark Associates for the Grand Union Zoning.

Motion made by Mayor Cindrich and seconded by Trustee Grunthal authorizing the Village Manager to retain the services of FP Clark Associates for the Grand Union Zoning as outlined in the November 8, 2004 letter from FP Clark Associates, all in favor

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Board Resolution accepting the Grant Award between the Division of Criminal Justice Services and the Village of Mount Kisco for Narcotics Control.

The following motion was offered by Trustee Grunthal and seconded by Trustee Markus authorizing Mayor Cindrich to sign the necessary documents for the DCJS Grant Award to implement the live scan system and related auxiliary costs, subjected to the clarification with regards to other municipalities that have applied for or utilized the live scan type technology and to confirm the statement that a system like this will soon be mandated by DCJS. The matching funds are estimated to be $12,408 which would come from our contingency account, all in favor

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Nay

Trustee Grunthal Aye

Trustee Markus Aye

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

General Fund $213,446.39

General Fund Claims $210,931.22

Water Fund Claims 1,828.47

Sewer Fund Claims 114.00

Library Fund Claims 352.70

Trust Fund Claims 220.00

Senior Nutrition Fund 2,247.82

Water and Sewer Fund 122,308.49

Water Fund Claims 119,016.72

Sewer Fund Claims 3,291.77

Library Fund 1,176.99

Capital Projects Fund 3,094.58

Trust Agency Fund 13,956.50

TOTAL $ 356,230.77

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Motion made by Trustee Griffin, Jr. and seconded by Trustee Grunthal approving the following minutes:

January 19, 2005 - Regular Village Board Meeting

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

10) Local Business - None

11) Public Comment.

Patricia Reilly referred to statements that were made at the December 20, 2004, Village Board meeting regarding the appointment of Chairman of the Planning Board.

Trustee DiChiara stated I feel that most recently with the Target development, there was a lack of leadership and that support was given to the project before the essential facts were in. I know that towards the end of the approval there were questions of whether we were getting the correct advise from counsel and it would have shown leadership to have gone out to try to get another legal opinion instead of moving forward with the flawed legal opinion. Towards the end of the approval process, there were missed deadlines by the developer and while the Planning Board Code and Rules and Regulations said that something was needed to be in a week or ten day before it was acted upon, those deadlines were routinely ignored and the project was moved along without regard to the rules just because the former Village Attorney and AKRF seemed to have a free range, not only with Village money but with developer money and was allowed to push the project forward. With large projects like the Grand Union and the Hospital being developed, I think the Mount Kisco Planning Board needs stronger leadership. Comments from Trustee Markus agreed that the Chairman was a suitable Chairman. Mayor Cindrich stated that the target application in your opinion was the result of political interference on the Planning Board level. Mayor Cindrich said that he disagreed vehemently with the advice of counsel as to whether the Urban Renewal Regulations should have applied or the Zoning Regulations should have applied and still disagrees. Mayor Cindrich stated that the message he has conveyed to each and every member of the Planning Board now and in the future is that they have to stand on their own and they cannot be subservient to any politician. Mayor Cindrich stated that we put a lot of faith in the members of the Planning Board to lead us in the right direction. Politics cannot enter into proper Planning.

Mrs. Reilly stated that her name was not mentioned, but it was inferred. I think you are aware that I was on the Village Board for 10 years and Mayor for 4 of those years. While I was Mayor I did attend more than 90% of every Planning Board Meeting, every Zoning Board meeting, every Architectural Review Board Meeting, and Beautification Committee Meeting. I observed I did not speak. In the 10 years and especially in the 4 years as Mayor I never, ever spoke to any Planning Board Member to encourage them to vote one way or the other and I think that the fact that it is inferred in public minutes that are history of the Village/Town of Mount Kisco, I'm kind of appalled. I hold my head up high. I believe I did a good job, certainly not perfect and it just bothered me when I was it in print that there was inference to a deal going on between my administration and specifically the Target Plan. There was not, I sat here for 4 years watching that Mall go before the Planning Board and the only comments I ever made was that I admired the Planning Board they worked so hard to protect the Village of Mount Kisco within the rules and regulations and I also admired the applicants that come before the Planning Board - it was a good give and take.

Mayor Cindrich replied that on more than one occasion during the process the Chairman of the Planning Board said to him “I'm under a lot of pressure to get this project approved”. And the most offensive thing I find in the minutes of that Planning Board representation is the Planning Board consultant saying…. on a given day people will arrive at Target circle the parking for a number of minutes and leave frustrated because they can't find a parking space. In my humble opinion if that's the case I think that what we did there should have been re-thought. Because to have people come into our Village and to have them leave frustrated because we did not put good sensible development standards in effect then we are at fault. Maybe we should have done a little more and taken a little more time on this project.

Mrs. Reilly stated that she was here tonight because of the inference stated in the minutes that a previous politician affected the Planning Board's decision and that bothered her a lot, because it was a lie.

Trustee DiChiara stated that his point and criticisms were strictly to the Planning Board leadership because the Planning Board Chairman on different occasions would tell a different story which did not instill confidence in the Chairman. Trustee DiChiara stated that shortly after the Target application was approved the Attorney recommended to change the law to agree with his legal reading. That was the flawed legal opinion that he was referring to in this comments at the December 20, 2004 Board meeting minutes. He said his comments had nothing to do with Mrs. Reilly the then Mayor.

There being no further business to come before the Board a motion to close the meeting at 9:10 pm was made by Trustee Marcus and seconded by Trustee Griffin, Jr., all in favor.

William F. Williams

Village Clerk

Regular Meeting January 31, 2005 6.

Created by superuser. Last modified 2005-09-13 15:58:06.