Village Board Meeting - May 16, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, May 16, 2005 at 7:30p.m. in the Frank J. DiMicco Board Room, Village Hall, 104 Main Street, Mount Kisco, New York.

Present: Mayor J. Michael Cindrich

Trustee Peter DiChiara

Trustee George L. Griffin, Jr.

Trustee Peter Grunthal

Trustee Anthony Markus

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 and asked everyone to please reflect on why we are here and asked for guidance in the decisions that we make this evening will benefit the entire community.

Mayor Cindrich presented a Proclamation to the Mount Kisco Volunteer Ambulance Corps in honor of EMS Week. Mayor Cindrich proclaimed May 15-21, 2005 as EMS Week in the Village/Town of Mount Kisco.

PUBLIC HEARING

COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

Village Manager, Bill Williams, introduced Mr. Ryan Coyne from Dolph Rotfeld Engineering and project engineer for the CBDG Block Grant. Mr. Williams advised that Dolph Rotfeld Engineering, under his direction, prepared the applications for the Village/Town of Mount Kisco.

Mr. Coyne advised that this application is for three years, 2006, 2007 and 2008 and gave the following overview of projects:

1) 2006 - Fox Center Area Improvements, rehabilitation of the softball field with new fencing, new irrigation lines, turf, tot lot playground, parking improvements and various other amenities such as water fountains and benches. Requested funding of $292,233.33 with a local contribution of $243,787.87.

2) Rehabilitation of various Sanitary Sewers throughout Mount Kisco including Gregory Avenue, West Hyatt Avenue and Woodland Street. 2007 Requested funding in the amount of $128,232.50 with a local contribution of $128,232.50 and 2008 funding of $175,037.50 with a local contribution of $175,035.70.

Mr. Williams advised that the applications must be filed with Office of Community Development no later than June 1, 2005 and at the conclusion of this hearing he would like the Board to authorize the Manager to file these applications.

Mayor Cindrich advised that the Village has funding to expand the sewer district into areas that are currently served by septic systems and wants to make sure that we are working in a way that we utilize that money to the best advantage of this community in the near future.

Mr. Giordina asked if the grants are limited to sewer and water lines or can they be used for streets and roads.

Mr. Williams advised that the block grant is for housing, removal of blight and for public improvements but not for streets and roads. Mr. Williams advised that it could not be used for just road paving but could be used for streets and roads in conjunction with a construction job. Mr. Williams said that a good part of the grant is in areas that would also be eligible for low/moderate income funding.

Meghan Hardefty from Open Door Family Medical Centers, Inc. advised that Open Door is seeking support from the Village Board for its application for CDBG funding in order to purchase three dental operatories that will be installed at the 30 West Street facility that will open later this year. Ms. Hardefty advised that each operatory runs approximately $45,000 for a total of $136,000 of which Open Door plans to match with 25% and will be requesting $102,000 in funding.

Mr. Williams advised that there are currently no dental facilities at the Open Door facility in Mount Kisco and that this would be an improved service.

Trustee Markus asked if their application has any impact on the Village's application.

Mr. Williams said that their application is very different and should not detract from the Village's application. Mr. Williams said that Open Door has a long relationship with the Community Development Process and is sure that this relationship falls within a certain type of funding.

Ms. Hardefty advised that this is only an equipment purchase and they will not be doing any construction with this funding.

Mr. Williams advised that their required match will come from other sources such as donations. Mr. Williams said that they are required to have a public discussion to meet the regulations

Trustee Griffin, Jr. asked if a project like West Street sidewalks would qualify.

Mr. Williams said that this would not qualify.

Trustee DiChiara stated that this has not been put into the Budget for 2005/2006 and if we do get the Block Grant we would have to appropriate funds.

Mr. Williams said that it would be something that we would appropriate in next year's budget. Mr. Williams said that the funds will not be available until May 1, 2006 for the Fox Center and this could be a project that that would take place in June or later in 2006 so it will be a Capital item for the following year's budget.

Trustee DiChiara asked if the overpass over the train tracks near Maple Avenue into the parking lot be fundable by the Community Development Block Grant Program.

Mr. Williams said that he did not think that this would apply because they could argue that some of the people that would use it would have higher incomes. Mr. Williams said that even if we made a reasonable argument that it would include the targeted population it would still be harder to prove than the project listed this evening.

Trustee Markus asked when the Village would be notified.

Mr. Williams advised that sometime towards the end of the year. Mr. Williams said that the County is waiting for the Federal Budget to be adopted and then they will proceed. Mr. Williams said that the award is subject to the appropriation of funds and that a contract for a particular project would not be made until the funds are in place and there is an authorization to proceed. Mr. Williams said that the pledging of funding is contingent upon getting funding. Mr. Williams said that the Village can still reject the funding if we find it insufficient.

Trustee Markus said that it is wonderful to get matching funds but on the other hand he is concerned that the Village will still have to come up with $243,000 in 2006 and $128,000 in 2007 and another $175,000 in 2008 even though they are for good causes.

Mr. Williams said that the sewers are a cost of the sewer fund and would not affect real property taxes. Mr. Williams said that only the Fox Center improvements would affect either Capital Funding or property taxes.

Mayor Cindrich said that we will apply for the grants before us, if the money is not there; there is no obligation that we have to fund it. Mayor Cindrich said that there is a significant cost to the individual homeowners for the extension of the sewer system and the homeowners must be on board to spend the money for the capital improvement for their own property but we do not have that consensus at this time.

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.

Resolution Supporting and Authorizing the Village Manager to Submit the Community Block Grant Applications

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. supporting and authorizing the Village Manager to submit the Applications for the Community Development Block Grants as follows:

Year 2006, Fox Center Area Improvements, rehabilitation of the softball field with new fencing, new irrigation lines, turf, tot lot playground, parking improvements and various other amenities such as water fountains and benches. Requested funding of $292,233.33 with a local contribution of $243,787.87.

2) Rehabilitation of various Sanitary Sewers throughout Mount Kisco including Gregory Avenue, West Hyatt Avenue and Woodland Street. 2007 Requested funding in the amount of $128,232.50 with a local contribution of $128,232.50 and 2008 funding of $175,037.50 with a local contribution of $175,035.70, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Resolution Supporting the CDBG Application of the Open Door Family Medical Centers, Inc.

Motion made by Mayor Cindrich and seconded by Trustee DiChiara supporting the application of Open Door Family Medical Centers, Inc. as presented and detailed in their letter dated May 13, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

1) Communications -

A. Letter from Marion Hickman, Victoria Drive, regarding the Village's s insufficient water supply and the proposed arrangement with the Town of Bedford.

B. Letter from Christie Fitzpatrick, Victoria Drive, expressing her concern with the changing face of the downtown area.

2) Petitions - None.

3) Board, Committee and Commission Reports

4) Village Manager's Reports -

A. Level of Byram Lake

Village Manager, Bill Williams, advised that the overall level at Byram Lake is at 99% capacity.

B. Traffic Promulgation

Stop Intersections

Croton Avenue southbound at intersection of southbound o/off ramp of Saw Mill River Parkway

Croton Avenue northbound at intersection of southbound on/off ramp of Saw Mill River Parkway

No Parking

Lexington Avenue on its easterly side, from its southerly intersection with West Hyatt Avenue to its northerly intersection with Sarles Avenue

C. Resolution Scheduling An Executive Session

Motion made by DiChiara and seconded by Trustee Griffin, Jr. to hold an Executive Session following the regular meeting to discuss personnel issues and real estate, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports -

Mayor Cindrich advised that the Village Board will be working on a new Cabaret Law, issues regarding the old Grand Union property and labor negotiations. Mayor Cindrich said that the Northern Westchester Hospital is asking for input from our community of what services Northern Westchester Hospital can provide to the community. Mayor Cindrich also asked for feedback from the community regarding the Swiss Benevolent property.

6) Old Business

A. Resolution Requesting Designation of the Town/Village of Mount Kisco as a Greenway Community

WHEREAS, the Hudson River Valley Greenway Act, (hereinafter, the “Greenway Act”) Chapter 748 of the Laws of 1991, has as a legislative goal the establishment of the Greenway Compact, a process for voluntary regional cooperation and decision-making among the communities of the Hudson River Valley, and

WHEREAS, the process and programs that will comprise the Compact are under

development, and

WHEREAS, communities may participate in the initiation and implementation of the

compact process, and

WHEREAS, the Town/Village of Mount Kisco is situated in the Greenway area as it was officially designated in the Greenway Act, and

WHEREAS, the Greenway Act permits the Hudson River Valley Greenway Communities Council (hereinafter the “Council”), and the Greenway Conservancy for the Hudson River Valley, Inc. (hereinafter the “Conservancy”) to assist communities in developing local planning and projects related to the five criteria contained in the Greenway Act: natural and cultural resource protection, regional planning, economic development (including tourism, agriculture and urban redevelopment), enhancing public access to the Hudson River and heritage and environmental education, and

WHEREAS, communities can become eligible to receive technical and financial assistance from the Greenway, and

WHEREAS, community participation in the Greenway planning process is voluntary, and

WHEREAS, the Greenway Act does not supersede or change the powers that the State has previously granted municipal governments under the New York State Constitution, the Municipal Home Rule Law or pursuant to the various municipal enabling acts, and

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

The Board of Trustees supports the criteria contained in the Greenway Act and the process by which the Compact will be achieved, and The Board of Trustees endorses the designation of the Town/Village of Mount Kisco by the Greenway Council and Conservancy as a Greenway Community.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Resolution Appointing to Leonard Park Committee

Motion made by Trustee Grunthal and seconded by Trustee DiChiara appointing Diane S. Severson to the Leonard Park Committee, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution Approving NYS DEC SPEDES Permit for Storm Water Discharge

Motion made by Trustee Griffin, Jr. and seconded by Trustee Marcus authorizing the Mayor to sign the NYS DEC SPEDES Permit for Storm Water Discharge, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution Approving Westchester County Employee Assistance Services Program

Motion made by Trustee Grunthal and seconded by Trustee Marcus authorizing the Village Manager to sign the Westchester County Employee Assistance Services Program Agreement, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution Approving Prisoner Transportation Agreement

Motion made by Trustee Marcus and seconded by Trustee

DiChiara authorizing the Village Manager to sign the Prisoner Transportation Agreement with Westchester County, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

E. Resolution to hold an Executive Session

Motion made by Trustee DiChiara and seconded by Trustee Marcus approving an Executive Session prior to the close of this meeting to discuss the former Post Office Lease Agreement with Terrapin, LLC, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

F. Water and Sewer Tax Liens

Trustee Grunthal stated that he was not happy with the way this is being treated. Trustee Grunthal said that most residents of Mount Kisco pay their water bills on time and does not think that the Village should go along with the easy way out by allowing a number of users to delay payment and then have it added to their taxes. Trustee Grunthal said that we should take the approach that if they do not pay their water bills and, after due warnings, the Village would shut off their water unless there are extenuating circumstances. Trustee Grunthal said that the Village should deal with the penalties differently and suggested that there be a monthly interest charge on top of the penalties. Trustee Grunthal said that the Board should take the position that the longer you do not pay the higher the penalties.

Village Attorney, Whitney Singleton, stated that any changes to the collection process would have to be changed through the Village/Town Code.

Village Treasurer, Tom Warren, advised that the Tax Receiver is waiting action on this list because the Tax Office must send the data to the tax bill printing company so that the tax bills are returned to the Village in a timely manner.

Trustee DiChiara suggested that the Board work on new penalties and administrative fees for the next billing cycle.

Resolution Authorizing the Levy of Unpaid Water & Sewer Charges on the Tax Roll

Motion made by Trustee DiChiara and seconded by Trustee Griffin, Jr. approving the following resolution, all in favor.

Whereas, the Village Clerk has presented to the Board of Trustees a certificate setting forth the amounts of all unpaid water charges, including penalties, with a description of the real property affected thereby, and

Whereas, the Village Clerk has presented to the Board of Trustees a statement setting forth the amount of each lien for sewer charges in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed, and

Whereas, pursuant to section 11-1118 of the Village Law such water charges are a lien upon the premises affected today, and

Whereas, pursuant to section 452 of the General Municipal Law such sewer charges are a lien upon the premises affected thereby,

Now, Therefore, Be It Resolved By The Board of Trustees Of the Village/Town of Mount Kisco, as follows

1. That, pursuant to Section 11-1118 of the Village Law, the unpaid water charges, as set forth in the attached certificate from the Village Clerk be, and the same hereby are, levied upon the property in default, and added to the annual tax levy with respect to such property.

2. That, pursuant to Section 452 of the General Municipal Law, the unpaid sewer charges, as set forth in the attached statement by the Village Clerk, be, and the same hereby are, levied upon the property in default, and added to the annual tax levy with respect to such property.

3. The amounts levied hereby shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of villages taxes.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills - General, Senior Nutrition, Water, Sewer, Library and Capital Projects Funds

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

General Fund $125,620.95

General Fund Claims $107,412.96

Water Fund Claims 11,768.96

Sewer Fund Claims 4,170.13

Library Fund Claims 2,268.90

Senior Nutrition Fund 2,582.37

Water and Sewer Funds 59,752.82

Water Fund Claims $ 55,852.49

Sewer Fund Claims 3,900.33

Library Fund 6,319.33

Capital Projects Fund 18,640.70

Trust and Agency Fund 11,947.51

TOTAL $ 224,863.68

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Minutes

Resolution Approving Minutes

Motion made by Trustee Grunthal and seconded by Trustee Markus hereby approving the minutes of the May 2, 2005 Public Hearing , all in favor.

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 - None

Anthony Giordina said that the transfer station is for sale and there is currently a group that is interested in purchasing it but according to the Lease Agreement the new Lease must come to the Board for approval. Mr. Giordina suggested that some research be done as to the new company's qualifications, background and how they will treat the community

Mayor Cindrich asked the Village Manager if this has come to the Village.

Village Manager, Bill Williams, said that he has not seen the Lease.

Village Attorney, Whitney Singleton, said that he was not aware of any sale of the business.

Trustee Marcus suggested that Mr. Singleton contact the company to see what the status is at the current time

After a ten minutes recess the Board returned into open public session at 10:05pm and passed the following resolution:

Resolution Approving Lease with Terripin LLC

Motion made by Trustee DiChiara and seconded by Trustee Grunthal authorizing the Village Manager to execute the lease of the Old Post Office to Terripin LLC subject to the rental proceeds being deposited into the Capital Projects Fund, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

There being no further business to come before the Board, the meeting was closed at 10:30pm

____________________________________

William F. Williams

Village Manager and Clerk

Public Hearing and Regular Board Meeting

May 16, 2005 7.

Created by superuser. Last modified 2005-09-13 16:17:26.