Village Board Meeting - June 6, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, June 6, 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 asked that we remember not only those who have sacrificed their lives for our country but also those presently serving our country.

1) Communications -

A. Letter from Diane Finnegan dated May 23, 2005 expressing interest in serving on the Leonard Park Committee.

B. Resolution Approving Alternative Minimum Tax

Motion made by Trustee Griffin, Jr. and seconded by Trustee Grunthal supporting the Alternative Minimum Tax Resolution as follows, all in favor.

WHEREAS, The Alternative Minimum Tax (AMT) was created in 1969 as a means of ensuring that very wealthy taxpayers did not use loopholes to avoid paying federal income taxes; and

WHEREAS, The AMT has grown from affecting 155 wealthy families in 1969 to nearly 19 million taxpayers today, most of which are in the middle class; and

WHEREAS, in the next five years, it is projected that the AMT will hit over one-half of all property taxpayers in New York State alone; and

WHEREAS, in 2004, approximately 63,000 households (27% of the population) in Westchester County were subject to the AMT; and

WHEREAS, When a taxpayer triggers the AMT, the number of deductions they can claim are significantly reduced, resulting in more middle class families paying higher federal taxes; and

WHEREAS, Taxpayers in only four states - New York, New Jersey, California and Massachusetts - who rely heavily on deductions like property tax, state and local income taxes and the child exemption, account for nearly half the people paying the AMT across the country; and

WHEREAS, this extraordinary and unforeseen growth is the result of the AMT not being indexed for inflation, unlike the regular income tax; and

WHEREAS, President Bush has appointed an advisory panel to look at the AMT and other proposals for overhauling the federal tax code, and that report is due at the end of July; and

WHEREAS, Until the federal government addresses the issue of the AMT, the middle class will continue to unfairly bear the burden of this tax, and the AMT will continue to cause families in Westchester and across the nation to forfeit thousands of dollars in deductions;

WHEREAS, County Executive Andrew J. Spano has commenced a grassroots movement to bring about reform of the AMT and to have it restored to it its original intent - eliminating tax shelters for the wealthy and not to increase federal taxes on the middle class.

THEREFORE, BE IT RESOLVED, That the Village/Town of Mount Kisco supports efforts to reform the Alternative Minimum Tax in ways that will reduce the burden to middle-class taxpayers of the Village/Town of Mount Kisco and

BE IT FURTHER RESOLVED, that the Village/Town of Mount Kisco will undertake efforts to inform its residents of the problems with the AMT; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent to Senators Charles Schumer and Hillary Clinton, US Representatives Eliot Engel, Nita Lowey and Sue Kelly and County Executive Andrew J. Spano.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Letter from Jonathan Friedman dated May 19, 2005 expressing interest in serving on the Ethics Board

D. Letter from Open Door Family Medical Centers, Inc. dated May 25, 2005 advising of their annual community event to take place on July 16, 2005.

2) Petitions - None.

3) Board, Committee and Commission Reports

Mayor Cindrich announced that the Beautification Committee was the recipient of the County of Westchester Planning Award for the Kirby Plaza Project.

4) Village Manager's Reports -

A. Level of Byram Lake

Village Manager, Bill Williams, advised that the Byram Lake capacity as of this morning was 96.9%, total monthly gallon reported for the month of May 2005 shows a daily average of $1,390,667.

B. Village Manager, Bill Williams, announced the following upcoming Board meetings: Monday June 20th, Tuesday July 5th, Monday July 18th, Monday August 15th, Tuesday, September 6th and Monday September 19th, 2005.

C. Village Manager, Bill Williams, announced that a work session will be held on Thursday, June 8, 2005 at 7:30 for the purpose of reviewing the RFP proposals for the Swiss Benevolent Society Property.

Mayor Cindrich invited all residents of the community to come to the meeting and participate in the discussion.

D. Green Street Bridge Replacement Project

David Weiss, P.E. and Project Manager from Chas. H. Sells, Inc. presented the results of the bid for the Green Street Bridge Replacement Project as detailed in his letter dated May 25, 2005. Mr. Weiss advised that, after review of the lowest bidder, they are recommending that Mount Kisco award the bid to Burtis Construction Co. Inc. in the amount of $745,182.34

Mayor Cindrich said that he would like to review the bid package and asked if a Traffic Management Plan has been included in the specifications.

Mr. Weiss said that he has an extra set of plans that he will leave with the Board this evening. Mr. Weiss said that there is a detour plan that shows the use of Lexington Avenue, Moore Avenue and 117 as the proposed detour route.

Mayor Cindrich asked if a dollar amount has been set aside for either Police Personnel or Flagman during the construction period. Mayor Cindrich also asked for a realistic schedule and flexibility for pre-fabrication of certain items. Mayor Cindrich also asked if the Contractor will stockpile material on site and in close proximity of the project.

Mr. Weiss responded by saying that with the full detour there is no provision in the contract to provide for law enforcement because the road will be fully closed. Mr. Weiss said that as far as the schedule is concerned they built into the contact an incentive/disincentive clause so that the contractor can cut back the contract by 14 consecutive calendar days and receive an incentive payment and if the contactor goes over they will be charged an assessment of $3,000 per day. Mr. Weiss said that this is a pre-fabrication bridge except for the piles and brick line. Mr. Weiss said that the site is not immense and the contract is pretty strict as far as stockpiling.

Trustee Markus asked if they foresee the likelihood of overruns and/or additional costs.

Mr. Weiss said that when they did the bid analysis they looked at all items which were 25% over the engineers estimate. Of the items that were 25% over, the ones that have a value of greater than 1% of the total contract amount is looked at and then we verify the quantities to make sure that the contractor didn't see something that we didn't.

Mayor Cindrich asked if the culvert size has been approved by all the regulatory agencies.

Mr. Weiss responded by saying yes.

Trustee Grunthal asked how can we be sure that the Village is not going to have changes, add-on's, something that was not thought about beforehand.

Mr. Weiss said that by having the inspector on site they will closely watch the items that are being built and be very strict to enforce the specifications. Mr. Weiss said that for example, if the contractor does extra work during the excavation stage, we will only pay him for the excavation as detailed in the bid specifications and this is typically how they control overruns. Mr. Weiss said that they do not anticipate any overruns in this contract because it is fairly straightforward.

Trustee Markus asked if they have worked with this contactor in the past.

Mr. Weiss said that based on his qualifications, workforce and equipment, the contractor can easily handle a job of this size. Mr. Weiss said that he has never worked with Burtis before, but is working on another contract with them that is about to begin.

Trustee Markus asked who the inspector will be.

Mr. Weiss said that the inspector will most likely be the person who did most of the design on this project.

Trustee Grunthal said that the highest bid is approximately $160,000 higher than the lowest and how can the Village be sure that the contractor is not going to come in and say they need $150,000 to $160,000 more as time goes on and is still concerned that we exercise the controls and that they can get the job done for the money they say they can do it for.

Mr. Weiss said that the estimate was $730,000 and Burtis came in at $745,000 and the average bid was $808,000 so they feel comfortable that the bid is on target.

Trustee Griffin, Jr. said that a lot has to do with the sub-contractors they use and that is where the bidders base their prices on.

Trustee Grunthal asked if the contractor's references reflect that they came in on time and at cost.

Mayor Cindrich asked the Village Manager to have the references checked and asked for an estimated of the start date.

Trustee DiChiara said that we should take into consideration the Fireman's Parade before a start date is scheduled.

E. Resolution Scheduling an Executive Session

Motion made by DiChiara and seconded by Trustee Markus scheduling an Executive Session following this meeting to discuss personnel matter, real-estate, and contract negotiations, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports -

Assistant Village Manager, Jim Palmer, advised that Mount Kisco received a Recycling Award from the County of Westchester recognizing Mount Kisco for providing an outstanding recycling program in 2004.

Trustee Grunthal reported that the Fireman's Service Award Program made its first contributions toward the program's funding. Trustee Grunthal said that the money contributed has been invested with Morgan Stanley and is very pleased that the first monthly report was satisfactory. Trustee Grunthal announced that the Finance Committee will be meeting on Wednesday at 7:30pm and is open to all residents of the community.

Trustee Markus advised that he had an informal conversation with the Executive Director of Neighbor's Link and discussed issues regarding the unfortunate events that have occurred in Mount Kisco. Trustee Markus said that they will follow this up at the next Community Relations meeting to come up with some constructive ideas to prevent this situation in the future.

Trustee Griffin, Jr. said that the Buildings and Grounds Committee is working on the Clock Tower Project at this time and a meeting is scheduled for next Tuesday.

Trustee DiChiara advised that the Library Board has elected three Directors to serve as the initial Directors for the Foundation. Trustee DiChiara advised that he and the Mayor were called over to Pinecrest to inspect some construction and found issues that need to be immediately addressed. Trustee DiChiara said that the owners and the management are failing the residents and the residents are fearful to report the unsanitary conditions that exist for fear that they will lose their apartments.

Mayor Cindrich said that he was very disheartened that this government has failed these residents. Mayor Cindrich said that when he and Trustee DiChiara showed up there early Saturday morning, they found the entire worksite to be in disarray and unsafe. Mayor Cindrich said that he has asked the Manager to use our resources to assist these residents even thought the Village may have limited jurisdiction because of the Federal Governments involvement.

Mayor Cindrich said that the Board has met with the Building Inspector to review procedures for enforcement. Mayor Cindrich advised that at the present time the Assistant Village Manager is overseeing the operation of Code Enforcement until it is turned over to the Building Department,

Mayor Cindrich said that he has met with the former owners of the Grand Union property and they have expressed their desire to resurrect the previous use. Mayor Cindrich said that this is now in the hands of the Planning Board and encouraged the community to take an active role in the discussions.

Mayor Cindrich advised that they received a letter form Verizon introducing significant upgrades they are making in their telecommunications network. Mayor Cindrich said that Verizon should have appeared before this Board, advised us of what they were doing and pays us the Franchise Fees that we are due.

6) Old Business

A. Resolution Appointing to the Recreation Commission

Motion made by Trustee DiChiara and seconded by Trustee Griffin, Jr. appointing Kim Terlizzzi to the Recreation Commission for a term to expire December 5, 2011, 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. Resolution Appointing to the Planning Board

Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Sol Gibbons to the Planning Board, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution Approving Proposal for Landfill

Motion made by Trustee Griffin, Jr. and seconded by Trustee Grunthal authorizing the Village Manager to sign the Post-Closure Monitoring, Maintenance and Reporting for the Mount Kisco Landfill with CDM, 100 Crossways Park West, Woodbury, New York as detailed in their letter May 13, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution Approving 2005/06 Fire District Agreements Motion made by Trustee Grunthal and seconded by Trustee Marcus authorizing the Village Manager to sign 2005/06 Fire District Agreements with Independent Fire Company of Mount Kisco, Mutual Engine and Hose Company #1 of Mount Kisco, Mount Kisco Rescue Fire Police, Inc. of Mount Kisco and Union Hook and Ladder Co, #1 of Mount Kisco, all in favor.

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 DiChiara and seconded by Trustee Griffin, Jr. to pay the bills, all in favor.

General Fund $193,662.65

General Fund Claims $185,203.03

Water Fund Claims 5,734.89

Sewer Fund Claims 2,186.30

Library Fund Claims 538.43

Senior Nutrition Fund 4,453.52

Water and Sewer Funds 120,403.40

Water Fund Claims 116,984.12

Sewer Fund Claims 3,419.28

Library Fund 5,400.24

Capital Projects Fund 8,558.44

Trust and Agency Fund 26, 573.05

TOTAL $359,051.30

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 Marcus hereby approving the minutes of the May 16, 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) Non-Local Business - None

11) Public Comment

Mr. Giordina advised that on May 31st at 7:15am a tractor trailer making a turn from Lexington Avenue onto Columbus hit a bicyclist. Mr. Giordina said that in the past he has expressed concern about these trucks coming through the Village and making that turn. Mr. Giordina said that the trucks they use are too big, they cannot make the turn safety and they can barely get into the own yard. Mr. Giordina said that the entire operation is too big for the area. Mr. Giordina said that he would like to see the Board negotiate with the transfer station before the start of school next year to prevent these tractor trailers from entering the Village before 9:00am.

There being no further business to come before the Board, the meeting was closed at 9:30pm.

______________________________

William F. Williams

Village Manager and Clerk

Regular Meeting 6/6/05 #2.

Created by superuser. Last modified 2005-09-13 16:26:52.