Village Board Meeting - June 20, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, June 20, 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 George L. Griffin, Jr.

Trustee Anthony Markus

Trustee Peter DiChiara arrived at 8:30pm

Absent: Trustee Peter Grunthal

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 Thomas Michael Pacona, a volunteer in the community and husband of Planning Board Secretary who passed away this past week.

1) Communications -

A. Letter from Anne Houck dated June 6, 2005 expressing interest in serving on the Architectural Review Board.

B. Letter from Nora Zaccari dated June 2, 2005 expressing interest in serving on the Beautification Committee.

C. Letter from Mount Kisco Chevrolet Cadillac Hummer dated June 8, 2005 advising the Board of their remodeling plans.

2) Petitions - None.

3) Board, Committee and Commission Reports

A. Letter from the Mount Kisco Drug and Alcohol Abuse Prevention Council advising the Board of their plans to hold a Passport to Good Health Day on August 14, 2005.

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 94.3%,

B. Village Manager, Bill Williams, announced that Level I Water Restrictions are still in place and asked for cooperation from the entire community.

Mayor Cindrich advised that Mount Kisco is currently in an agreement to provide the Town of Bedford with much needed drinking water. Mayor Cindrich said that he understands that residents of Mount Kisco might ask why we are selling water to Bedford if Mount Kisco is under certain water restrictions. Mayor Cindrich stated that this is a public health and safety issue for the Town of Bedford, their water is contaminated in certain areas and they are relying on Mount Kisco to be good neighbors. Mayor Cindrich stated that Bedford is paying a high premium for this water and we are currently in negotiations with Bedford to development a long term solution to the availability of water for both Mount Kisco and the Town of Bedford. Mayor Cindrich said that we are monitoring this every day and this agreement can be terminated at any time. Mayor Cindrich stated that regional planning is something that he has advocated for a number of years. Mayor Cindrich advised that the Leonard Park Wells are not currently being used but they will be tested throughout the summer months. Mayor Cindrich said that if anyone has any questions to please feel free to call either the Village Manager or himself.

Village Manager, Bill Williams, commented that the interconnection project agreement with Hazen and Sawyer is still progressing. Mr. Williams advised that the Village's Engineer, Dolph Rotfeld has reviewed the plans and has made comments. Mr. Williams stated that the interconnection will be an improvement in the connection to New Castle which will allow them to provide water to Mount Kisco in an emergency. .

C. Village Manager, Bill Williams, read a letter from Pamela Hoffman dated June 15, 2005 resigning from her position with the Village of Mount Kisco effective June 24, 2005. Mr. Williams stated that Ms. Hoffman is an exceptional employee and will be missed and wished her luck in her new position as Deputy Treasurer with the Village of Pleasantville.

D. Resolution Scheduling a Public Hearing - Introductory Local Law Amending Chapter 45 of the Mount Kisco Code

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing a Public Hearing to be held on Tuesday, July 5, 2005 to hear comments as it pertains to a Local Law Amending Chapter 45 of the Mount Kisco Code regarding Amusements to add new language to the definition of Cabaret, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

E. Resolution Scheduling a Public Hearing and Referral to Planning Board

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. authorizing a Public Hearing to be held on Monday, July 18, 2005 to hear comments as it pertains to a Local Law Amending Chapter 101 and 101-28H(4) of the Mount Kisco Code regarding Commercial Vehicles and further authorizes that this Local Law be forwarded to the Planning Board for review and comment, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Absent

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

F. Code Enforcement Updated

Assistant Village Manager, James Palmer, presented the Code Enforcement Report dated June 15, 2005 regarding Class III Tickets.

G. Pinecrest Manor Update

Building Inspector, Austin Cassidy, summarized his June 15,2005 report addressed to Mr. Williams regarding actions taken at Pinecrest Manor and the gas service disconnect. Mr. Cassidy advised that an additional report was submitted late Friday afternoon, but did not get included in this evenings meeting packet. Mr. Cassidy said that additional complaints were received and resolved and are detailed in this second report.

Mayor Cindrich advised that a number of months ago a resident of Pinecrest Manor came before the Board complaining of a mold situation in her apartment. Mayor Cindrich advised that the Board and the Manager's office intervened calling HUD and other Federally funded groups and convinced them that it would be in their best interest to facilitate the improvements to the apartment where the family was experiencing illnesses from mold. Mayor Cindrich said that during the construction of this water-proofing event, the contractor unearthed the gas mains and Con-Edison shut of the gas. Mayor Cindrich said that before the excavation, the contractor should have relocated or provided a temporary means of gas hook-up but neglected to do so. Mayor Cindrich stated that this situation was going on for several weeks and residents were without gas service. Mayor Cindrich said that no one had the foresight and HUD, the contractors and the proprietors are to blame for this. Mayor Cindrich said that this Board, the Village Manager and the Building Inspector intervened and they were able to resolve the problem for these residents. Mayor Cindrich also stated that while he and Trustee DiChiara were at Pinecrest inspecting the situation, they were inundated with complaints from residents about other quality of life issues such as odors in apartments, lack of lighting in the parking lots, and general maintenance issues.

5) Board Reports -

Mayor Cindrich said that he is very upset with the Verizon activity in the downtown area, they have completely disrupted the downtown, leaving half finished projects strapped to parking meters, conduits left flapping in the wind forcing people to walk in the street to avoid the conduit. Mayor Cindrich said that we cannot allow public utilities to come into town and disrupt our community, they are a hazard to both vehicular and pedestrian traffic.

Building Inspector, Austin Cassidy, said that utility companies do not come across his desk so he does not have any first hand knowledge but will contact Verizon to find out what the status is and will check to see if they have applied for any Street Opening Permits with the Village Engineer.

Trustee Griffin, Jr. advised that Buildings and Grounds Committee is finalizing a recommendation for the clock tower rehabilitation project.

Trustee DiChiara arrived at 8:30pm, advised that he was attending his daughters 5th grade moving up ceremony to the Middle School. Trustee DiChiara said that the Mount Kisco Library Foundation is being held up in the New York State Education Department. Trustee DiChiara said that the Friends of the Library will receive a $15,000 donation from the lessee of the Old Post Office.

Mayor Cindrich advised that the Board has reviewed the Request for Proposals for the Swiss Benevolent Property. Mayor Cindrich said that the Board is not ready to make a decision and will need more discussion.

Resolution Scheduling an Executive Session

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. to enter into an Executive Session following the close of the regular meeting this evening to discuss the Swiss Benevolent Property, Labor Negotiation, Lexington Avenue Survey, and the old Ambulance Corps Building, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

Mayor Cindrich advised that the Board is currently involved in Labor Negotiations and is concerned with some innuendoes on the street involving the these negotiations. Mayor Cindrich said that these negotiations have long been neglected leaving contracts expiring in 2002. Mayor Cindrich said that the Village is not trying to hurt any of its employees; they are working to give every employee a fair and equitable salary.

6) Old Business

A. Resolution Appointing to the Leonard Park Committee

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Diane Finnegan to the Leonard Park Committee for the current open term, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

B. Resolution Appointing to the Beautification Committee

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Nora Zaccari to the Beautification Committee, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

C. Green Street Bridge Project

Mayor Cindrich said that his only concern is that there isn't any dollar amount in the bid for Police especially after Labor Day. Mayor Cindrich said that he is concerned about the overall logistics and that all the materials are on sight before the current bridge is dismantled. Mayor Cindrich asked the Village Manager to stay on top of this along with the Village Engineers and requested that a job meeting be convened prior to removal of the existing bridge.

Whitney Singleton stated that for the most part the contract is complete but just has some tweaking with respect to the indemnification, performance bonds, and insurance requirements. Mr. Singleton said that his only concern is that the project is properly staged and there is no undue impact on traffic patterns in the Village.

Village Manager, Bill Williams, advised that once the contractor receives the Notice to Proceed, the contractor will be sending a schedule and address all the issues that have been raised.

Resolution Awarding Bid for Green Street Bridge Project

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. approving the following resolution,

Whereas bids were advertised in the official newspaper and received on May 23, 2005 for the Green Street Bridge Project, and

Whereas bids were received as per the following and reviewed by Chas. H. Sells, Inc. as follows:

BIDDER AMOUNT OF BID

Burtis Construction Co, Inc. $745,182.34

Land Service Corp. $745,871.00

Arben Group, LLC $768,901.50

Realife Land Improvements $822,399.46

Thomas Brennan Inc. $854,691.00

Persico Construction $913,785.00

Now, therefore, be it resolved that the Board of Mount Kisco, upon the recommendation of Chas H. Sells, Inc., hereby awards the bid for the Green Street Bridge Project to Burtis Construction Co, Inc. in the amount of $745,182.34.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

C. Resolution Approving Retainer Agreement

Motion made by Trustee DiChiara and seconded by Trustee Markus authorizing the Village Manager to sign the Retainer Agreement with Bond, Schoeneck & King, PLLC as detailed in their letters dated May 26 and 27, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

D. Appointment to Beautification Committee

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Nora Zaccari to the Beautification Committee, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

7) New Business

A. Resolution Authorizing the Assessor to Issue a Corrected Tax Bill

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the following:

Whereas property indicated on the Tax Roll as ID 69.82-51.3704 was entitled to a veteran's exemption, and

Whereas the Veteran's Exemption did not appear on the tax roll, and

Whereas to avoid delay in recording the change,

Now, therefore, be it resolved that the Board hereby authorizes the Assessor to issue a corrected tax bill to property designated on the Tax Roll as 69.82-51.3704, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

B. Resolution Approving Agreement with NYSDOT

Motion made by Trustee Markus and seconded by Trustee DiChiara hereby authorizing the Village Manager to enter into an Agreement with the New York State Department of Transportation for the purchase of Tax Parcel ID 80.39.3-1 in the amount of $15,000, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

C. Clough Harbour & Associates Proposal

Mayor Cindrich requested that this resolution be tabled. Mayor Cindrich said that he would like the opinion of Mike Gerard on where we are going with this and what we are accomplishing before we go ahead and sign the agreement. Mayor Cindrich said that he would also like to know the status of the agreement with the new owners as to their compliance with the letter recently sent to them.

D. Resolution to Modify Fiscal Year 2005/2006 Adopted Budget

Motion made by Trustee DiChiara and seconded by Trustee Griffin, Jr. approving the following Budget Modifications:

Resolved, the fiscal year 2005/2006 adopted budget is hereby modified as follows:

(1) Increase General Fund Appropriations:

A7141.111 Parks/Playgrounds - Personal Services Part-Time $20,000

Decrease General Fund Appropriations:

A3120.110 Police - Personal Services Part-Time $20,000

To reallocate budgetary appropriations for Leonard Park patrol from Police Department budget to Recreation Dep't budget, as per FY 2005/2006 budget discussions. Change in departmental responsibility for park patrol was not reflected in the adopted budget for FY 2005/2006.

(2) Increase Library Fund Appropriations:

L1910.400 Unallocated Insurance $ 2,613

Decrease Library Fund Appropriations:

L1990.400 Contingency $ 2,613

To provide additional appropriations for FY 2005/2006 general liability insurance. The $2,000 provided in the adopted budget was insufficient.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

E. Resolution to Modify Fiscal Year 2004/2005 Adopted Budget

Motion made by Trustee DiChiara and seconded by Trustee Markus approving the following Budget Modifications:

(1) Increase General Fund Appropriations:

A9950.900 Interfund Transfers to Capital Projects Fund $12,408

Decrease General Fund Appropriations:

A1990.400 Contingency $12,408

Increase Capital Projects Fund Appropriations:

H3120.2053 Police - Livescan Equipment $41,185

Increase Capital Projects Fund Estimated Revenues:

H5031.0053 Interfund Transfers from General Fund $12,408

H4891.0053 State Aid - Police Grant $28,777

To establish capital project for purchase of Livescan system and related auxiliary costs for $41,185, to be financed by a grant award of $28,777 from the NYS DCJS, and a local match of $12,408, to be transferred from the General Fund Contingency account. This grant was approved by the Board of Trustees in January 2005.

(2) Increase General Fund Appropriations:

A1989.400 Other General Government Support $16,750

Decrease General Fund Appropriations:

A1990.400 Contingency $16,750

To provide appropriations for appraisal services on former Grand Union property ($12,500), old Post Office building ($3,500), and former Swiss Benevolent property ($750), from the General Fund Contingency account.

(3) Increase General Fund Appropriations:

A1930.400 Judgment and Claims $34,084

Increase General Fund Estimated Revenues:

A030.3005 Mortgage Tax $34,084

To provide additional appropriations for estimated tax certiorari claim on former Grand Union property. Claim is estimated at $97,084, less $63,000 available remaining in A1930.400 budgetary appropriation account. Appropriations to be provided from excess Mortgage Tax revenues received during fiscal year.

A8020.200 Planning - Equipment $ 2,000

Increase General Fund Estimated Revenues:

A030.3005 Mortgage Tax $ 2,000

Increase Library Fund Appropriations:

L7410.200 Library - Equipment $ 1,800

Decrease Library Fund Appropriations:

L1990.400 Contingency $ 1,800

To provide appropriations to purchase a laptop computer for the Planning Board Secretary for purposes of recording minutes of Planning Board, Zoning Board of Appeals and Architectural Review Board ($2,000). Appropriations to be provided from excess Mortgage Tax revenues received during fiscal year. Also, to provide appropriations to purchase new computer system for Library Director ($1,800), to be financed from Library Contingency account.

A8910.440 Town Justice Court - Office Supplies $ 1,514

Decrease General Fund Appropriations:

A8910.406 Town Justice Court - Interpreter $ 1,514

To provide appropriations for purchase or storage shelving and work table for Town Justice Court, to be provided from unused appropriations within the Town Justice Court budget.

(6) Increase General Fund Appropriations:

A8913.200 Receiver of Taxes - Equipment $ 1,643

A4020.110 Vital Statistics - Personal Services Part-Time $ 9,000

Decrease General Fund Appropriations:

A4020.100 Vital Statistics - Personal Services Full-Time $10,643

To provide appropriations to purchase small, replacement copier for the Tax Receiver's Office ($1,643), to be provided from unused appropriations within the Vital Statistics Office budget. Also, to reclassify appropriations within the Vital Statistics Office budget ($9,000) to provide appropriations for the part-time Registrar of Vital Statistics and clerical support help in lieu of the vacant full-time Registrar.

(7) Increase Sewer Fund Appropriations:

G7140.2035 Leonard Park Sewer Pump Station $ 3,925

Decrease Sewer Fund Appropriations:

G8120.2043 Branch Brook Sewer Phase 3 $ 3,925

To provide additional financing to allow Leonard Park Sewer Pump Station capital project to be closed. Revised project authorizations are increased to $28,925, with project financing to come from unneeded appropriations authorized for Branch Brook Sewer Phase 3 capital project.

(8) Increase Debt Service Fund Appropriations:

V1380.400 Fiscal Agent Fees $ 437

V9710.700 Serial Bond Interest 25,269

V962 Other Budgetary Purposes (deficit) 34,984

Total $60,690

Increase Debt Service Fund Estimated Revenues:

V024.2401LF Interest - Landfill Closure Bond (for deficit) $17,084

V024.2401LF Interest - Landfill Closure Bond (for F.A. Fees) 437

V050.5031 Transfers from General Fund (for deficit) 17,900

V050.5031 Transfers from General Fund (for Bond Interest) 25,269

Total $60,690

Increase General Fund Appropriations:

A9918.900 Interfund Transfers to Debt Service Fund $43,169

Increase General Fund Estimated Revenues:

A030.3005 State Aid - Mortgage Tax $43,169

Increase Water Fund Appropriations:

F9710.700 Serial Bond Interest $67,418

Decrease Water Fund Appropriations:

F8310.412 Water Administration - Legal Fees $67,418

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

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

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

General Fund $506,182.62

General Fund Claims $351,473.31

Water Fund Claims 124,803.62

Sewer Fund Claims 22,790.16

Library Fund Claims 6,525.67

Capital Fund Claims 589.86

Senior Nutrition Fund 3,804.02

Water and Sewer Funds 22,774.67

Water Fund Claims 20,888.09

Sewer Fund Claims 1,886.58

Library Fund 19,940.32

Capital Projects Fund 2,800.00

Trust and Agency Fund 2,792.74

TOTAL $558,294.37

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

9) Minutes

Resolution Approving Minutes

Motion made by Trustee DiChiara and seconded by Trustee Griffin hereby approving the minutes of the June 6, 2005 Public Hearing , all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

10) Non-Local Business - None

11) Public Comment

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

_____________________________________

William F. William, Village Manager and Clerk

Regular Board Meeting June 20, 2005 7.

Created by superuser. Last modified 2005-09-13 16:27:40.