Village Board Minutes - April 4, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, April 4, 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 that they will benefit the entire community. Mayor Cindrich also asked that we keep in our prayers the mother of Joyce Wall, Helen Moran who recently passed away and for all of Mount Kisco to join in the mourning of Pope John Paul II a courageous and inspiring man who championed the causes of all those people who were less fortunate.

Mayor Cindrich and the Board recognized the 2005 Westchester County Parks & Recreation Boys' Basketball Tournament Midget Division Champions. Mayor Cindrich presented each player with a proclamation.

WHEREAS, The Mount Kisco Recreation Commission sponsored a fourteen and under basketball team, and

WHEREAS, The Mount Kisco Team Competed in the 7^th Annual Westchester County Recreation Basketball Tournament, and

WHEREAS, The Village/Town of Mount Kisco was well represented by Brian DeVoto, Ben Goldberg, Travis Johnson, Cristian Illescas, Jamie Smilkstein, Robbie Scott, Alex Fleitas, Ian Davidow, Ian Reilly, and Carmelo Bueti, and

WHEREAS, The Mount Kisco Team was well coached by John DeVoto and Lou Scott and,

WHEREAS, Sixteen teams entered the 7^th Annual Westchester County Tournament, and

WHEREAS, The Mount Kisco Team was victorious in all their games and declared Champions of the 7^th Annual Westchester County Recreation Basketball Tournament, and

WHEREAS, In recognition of this significant accomplishment by both Players and Coaches.

NOW, THEREFORE, I, J. Michael Cindrich, Mayor of the Village/Town of Mount Kisco do hereby proclaim Tuesday, April 5, 2005 as Mount Kisco Recreation Basketball Team of 2005 Day in the Village/Town of Mount Kisco and do further encourage the residents of the Village to join with me in congratulating Brian DeVoto, Ben Goldberg, Travis Johnson, Cristian Illescas, Jamie Smilkstein, Robbie Scott, Alex Fleitas, Ian Davidow, Ian Reilly, Carmelo Bueti and coaches John DeVoto and Lou Scott on this outstanding accomplishment.

1) Communications - None.

2) Petitions - None.

3) Board, Committee and Commission Reports -

A. Letter from the Beautification Committee re: Annual Clean-Up and Clock Campaign.

Patricia Reilly, Beautification Committee Member announced that the Beautification Committee has scheduled the annual spring clean-up for the month of May and she was asking civic organizations to volunteer to help in this month long clean-up project. The objective is to have the Village litter free in time for the annual Memorial Day Parade. Any civic organization interested in signing up should contact Joan Stewart by May 10, 2005.

Mayor Cindrich requested that this information be posted on the Village's Cable Channel.

Ms. Reilly reported to the Board that the Beautification Committee went beyond their goal of collecting $40,000 for the clock at Kirby Plaza. She noted not only did the Village have a beautiful clock but also a good maintenance Trust Fund for the clock. Ms. Reilly announced that if the public wished to get their name on the clock ($500.00 donation) the cut off date was going to be May 1^st.

4) Village Manager's Reports -

A. Level of Byram Lake

Village Manager, Bill Williams, advised that the overall level at Byram Lake continues to be high at 104.2% capacity. The daily average for the month of March was 1,305,633 gallons.

5) Board Reports -

Mayor Cindrich stated that unfortunately over the Easter Weekend some hate literature was distributed in the Captain Merits Hill area of Mount Kisco. This hate crime was brought to his attention by several Mount Kisco residents. He has been in contact with Police Detective Patrick O'Reilly who is currently conducting an investigation of the incident. The Village of Mount Kisco will not tolerate this type of conduct. The Police Department will need the help of the public to investigate this matter. If any resident observes someone walking or driving a vehicle dropping off literature they are encourage to get the license plate number and report it to the Mount Kisco Police Department immediately.

Mayor Cindrich reported that the bi-annual water bills have been mailed out to residents this week. He stated that he knows that the bills are outrageously high and that the Village was working feverously to reduce the cost of water. He encouraged residents to check their water meter to make sure it was working properly. He noted that with rates this high all residents needed to be cautious and practice water conservation.

Mayor Cindrich announced that the Mount Kisco Ambulance Corps was having an open house on April 17^th between 3-6pm at 310 Lexington Avenue.

Mayor Cindrich stated that he had meet with the Chamber of Commerce on various traffic issues. He noted that a lot of the Chamber's ideas were also his ideas regarding traffic. He was given a mandate by the Chamber of Commerce to work on these areas and report back to them in a few months.

Mayor Cindrich stated that he was seeking the support of the Village Board to work with the Northern Westchester Center for the Arts in an initiative they were trying to accomplish this summer. The Northern Westchester Center for the Arts would like to put on a professional play production at no charge in Leonard Park. He would like the Village to co-sponsor an event like this which will be beneficial to the entire community. Mayor Cindrich requested that the Village Manager contact the Northern Westchester Center for the Arts asking them to provide the Board with an event outline of what they are proposing. The Village Attorney will have to research it and make sure it's not in conflict with the Leonard Park Deed. It will then have to be referred to the Leonard Park Committee and the Recreation Commission for their approvals and then brought back to the Village Board of Trustee for final approval provided that the contiguous commercial property owners are also in agreement.

Trustee Grunthal stated that the Finance Committee met recently. The Committee conducted a finance review and they are nearing completion of a draft Policy Statement.

6) Old Business -

A. Resolution adopting proposed 2005 Revenue Fee Schedule

(Building, Planning and Zoning Water & Sewer.

Mayor Cindrich asked if any of the Board members had received any telephone calls or correspondence relative to the proposed 2005 Revenue Fee Increases. The entire Board responded that no they had not received any telephone calls or correspondence.

Mayor Cindrich stated that the Board had given a significant amount of time to allow residents to respond to the proposed local law.

Mrs. Whalen stated that she figured out that if she were to put a two (2) story addition on her house with the proposed new fees it would cost her at least $3,500 in fees. She stated that she could see a developer paying this type of increase because they would get their money back. However, these proposed fees are a burden on the homeowner.

Trustee Griffin, Jr. replied that these proposed fees were structured to not hurt the little guy and it will help the Village control development.

Mayor Cindrich stated that the fees haven't been revised in a considerable amount of years. The Village needs to charge for the services that we are rendering. The fees have been increase to also help off-set the increase in salary increases of the Building Inspector, Electrical Inspector, Plumbing Inspector and Engineering Inspector. The Board has studied what the actual costs would be to make all of the necessary inspections required to make sure the job is being done safely and professionally and that these proposed fees reflect these charges.

Trustee DiChiara stated that a portion of the fee has to be collected to pay for capital improvements that result from all these additions. The proposed fees collected from large developers will allow the Village to make significant capital improvements to water & sewer infrastructures, road improvements and Library.

Trustee Markus stated that a lot of these funds are going to ensure safety and that we make sure our employees are paid properly and that we get money in return for that. However, we need to make sure that we don't unfairly place that cost upon the individuals that are not expanding and these proposed fee increases reflect that.

Mayor Cindrich stated that he felt the proposed fee increases were appropriate given the current cost of construction and if they weren't appropriate the Board would consider revisiting them.

Trustee DiChiara stated that at the public hearing Mr. Giardina brought up several points about the proposed fees being increased. The Village Board did discuss them and agreed that as we move forward and there were inequities in the system we will adjust the fees. He noted that this project was brought up by the Finance Committee and the Village Board to address these fees to raise money especially from large commercial developments in Mount Kisco. He noted that if these fees had been put in place several years ago the Village could have had a very healthy Fund Balance. He noted that a lot of preparation and work went into these proposed fees.

Mr. Giardina stated that his main concern was that the little guy should not be punished for the vagrancies of the big guy and there should be something in place to protect him from having him pay for something that should rightly be paid for by bigger people with more money, more resources and a better ability to recoup their payments. He added that he was glad the Village Board was being flexible enough to say that if it doesn't work exactly as planned the Village Board will review the proposed fees again.

Motion made by Trustee DiChiara and seconded by Trustee Grunthal adopting the 2005 Revenue Fee Schedule (Building, Planning & Zoning, Water & Sewer), all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution Supporting Quality Communities Program Grant Application for Byram Lake.

Resolution made by Mayor Cindrich and seconded by Trustee Grunthal supporting Quality Communities Program Grant Application for Byram Lake, all in favor.

WHEREAS, the Village/Town of Mount Kisco supports the Quality Communities Program and Grant Application to the New York State Department of State for a Byram Lake Watershed Education Program, and

WHEREAS, the proposed project is not to exceed the total amount of $18,700 which includes the $15,000 grant request;

NOW, THEREFORE BE IT RESOLVED, that the applicant for this joint project, the Town of North Castle, is authorized to act on behalf of the Town of Bedford and the Village/Town of Mount Kisco in all matters related to this financial assistance;

AND FURTHER RESOLVED that the Village/Town of Mount Kisco designates Conservation Board Chairman John Fava as its authorized representative to act on behalf of that body in matters related to the Quality Communities Program, and in connection with any grant application.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Resolution adopting Records Retention and Disposition Schedule MU-1.

Resolved by the Mayor and Board of Trustees of the Village/Town of Mount Kisco that Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts & Cultural Affairs Laws, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.

Further Resolved, that in accordance with Article 57-A:

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. adopting the Records Retention and Disposition Schedule MU-1, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution adopting designating polling places for May 1, 2005 - April 30, 2006.

Motion made by Trustee DiChiara and seconded by Trustee Markus hereby adopting the following election polling places for May 1, 2005 - April 30, 2006, all in favor:

RESOLUTION

Whereas, Section 4-104(1) of the New York State Election Law requires that the Town Board annually submit by May 1st to the Board of Elections a list of polling places for each election district, and

Whereas, whenever practicable each place so designated shall be a place which has at least one entrance that provides access, by ramp or otherwise to physically handicapped or elderly voters, and

Whereas, a survey of the proposed polling places indicates compliance with this accessibility standard, now therefore be it

Resolved: that the Town Board of the Town of Mount Kisco hereby designates the following handicapped accessible polling places for submission to the Board of Elections for the period covering May 1, 2005 - April 30, 2006 in accordance with Section 4-104(1) of the New York State Election Law.

1. 25 Moore Avenue

2. Municipal Building, 104 Main Street

3. Public Library, 100 Main Street

4. Justice Court Lobby, 40 Green Street

5. Ambulance Corps Building, 310 Lexington Avenue (new polling location. Formerly the Independent Fire House, 322 Lexington Ave.)

6. Mount Kisco Housing Authority, 200 Carpenter Avenue

7. FORMER Ambulance Corps Building, 1 Kirby Plaza

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution supporting the creation of a commercial assessment ratio for use in Article 7 Procedures.

James Palmer, Assessor stated that the following resolution supporting the creation of a Commercial Assessment Ratio (CAR) was adopted by the Westchester Municipal Officials Association at their March Meeting. He stated that he supports the creation of a CAR since it will represent a more accurate indication of the market value ratio for commercial properties. The CAR will be used for tax certiorari proceedings just as the residential Assessment Ratio (RAR) is used for the purposes of determining the market value ratio for Small Claims Assessment Review (SCAR).

Motion made by Trustee Grunthal and seconded by Mayor Cindrich adopting the following resolution supporting the creation of a Commercial Assessment Ratio; all in favor

Whereas, many assessing units have experienced unprecedented appreciation in residential property values over the last several years while commercial property values have remained constant or have appreciated slightly; and

Whereas, the unprecedented appreciation in residential property value has caused the state equalization rates for these assessing units to drop dramatically; and

Whereas, these enormous changes in the final state equalization rates do not accurately reflect the changes in the values of commercial property resulting in the artificial over-assessment of commercial property; and

Whereas, last year, to address this issue legislation was introduced to enable Suffolk County to establish a county commercial assessment ration for use in Article 7 proceedings reviewing assessments of major commercial properties;

Now Therefore, Be It

Resolved, that the Westchester Municipals Officials Association hereby supports the concept of a commercial assessment ratio for use by assessing units in Westchester County in tax certiorari proceedings and will support legislation to create such a commercial assessment ratio when it is introduced.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution authorizing the Village Manager to sign the IMA for Stormwater Management Grants from the NYSDEC.

This item was tabled. The Village Board requested that Michael Ritchie of Dolph Rotfeld Engineering attend the April 18, 2005 Village Board Meeting to review this item in further detail.

Motion made by Trustee DiChiara and seconded by Trustee Grunthal approving the 2004 Length of Service Award Program (LOSAP), as submitted to the Board of Trustees by the Mount Kisco Fire Department LOSAP Committee.

Resolved, the Board of Trustees, as sponsors of the Length of Service Award Program (LOSAP) for the Mount Kisco Volunteer Fire Department approve the points earned by active volunteer firefighters for calendar year 2004, including credit for past qualified service, as certified by Mount Kisco Volunteer Fire Department Length of Service Award Program Committee on the list dated March 28, 2005, and

Be it further resolved, the Village Manager/Clerk is authorized to sign the “2004 Sponsor Authorization Form” required by Penflex”.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

E. Budget Modification.

Motion made by Board of Trustee DiChiara and seconded by Trustee Griffin,

Jr. adopting the budget modification for fiscal year 2004/2005, all in favor.

Resolution to Modify Fiscal Year 2004/2005 Adopted Budget.

Resolution, the fiscal year 2004/2005 adopted budget is hereby modified as follows:

1) Increase Sewer Fund Appropriations:

G8120.120 Sanitary Sewer - Personal Services Over-Time $4,202.00

G8120.130 Sanitary Sewer - Personal Services Double-Time 2,252.00

G8120.200 Sanitary Sewer - Equipment 12,540.00

G8120.417 Sanitary Sewer - Outside Contracts 23,843.00

G8120.450 Sanitary Sewer - Materials & Supplies 7,128.75

Total $49,966.00

Increase Sewer Fund Estimates Revenues:

G0265.2680 Insurance Recoveries $49,965.75

To appropriate insurance recovery proceeds from NYMIR (insurance co.) to provide appropriate in connection with the June 2004 damages at the Saw Mill Sewer Pump Station.

2) Increase General Fund Appropriations:

A31120.4171 Police Outside Contracts - Vehicles $3,650.91

Increase General Fund Estimates Revenues:

A0265.2680 Insurance Recoveries

To appropriate insurance recovery proceeds from NYMIR (insurance co.) to provide appropriations for vehicle repairs. Reference 2/22/05 $3,650.91 for Police Car.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Abstained (Because a copy of the Budget Modification Memorandum was not in his agenda packet).

Trustee Markus Aye

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

Mr. Anthony Giardina questioned why the Mount Kisco Police Department was still purchasing bottled water when the Village's water was being filtered. He asked that a letter be sent to the Police Department advising them to discontinue purchasing bottled water.

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

General Fund $142,161.49

General Fund Claims $140,375.70

Water Fund Claims 1,748.50

Sewer Fund Claims 37.29

Senior Nutrition Fund 3,264.77

Water and Sewer Funds 56,206.73

Water Fund Claims $ 53,431.12

Sewer Fund Claims 2,775.61

Library Fund 827.58

Trust & Agency Fund 4,265.99

TOTAL $206,726.56

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 DiChiara and seconded by Trustee Griffin, Jr. hereby approving the minutes of the March 21, 2005 meeting, 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. Giardina made several complaints about the refuse station and he expressed his concern over the operating hours. He stated that they are violating their lease as they always have. He suggested that the Code Enforcement Officer should put in a little extra time at the facility, because their might be some revenue there for the Village if there are in fact violations and fines. He stated that all weekend long the doors were left open on the recycling bays, when the facility is closed the doors are supposed to be closed. This is a violations and they should be taken to task for that. Mr. Giardina stated that the road surface on Columbus Avenue is atrocious and it is worse right were the trucks enter and exit the transfer station. They have destroyed the infrastructure in that vicinity and they only pay $45,000 a year in rent. That's such a cheap rent to have such a destructive operation in this Village. The Village should be a little more diligent and catch them in the act and make them pay for them.

Village Attorney Whitney Singleton stated that he had placed telephone calls to both Clough Harbor and the Attorney handling this matter on behalf of the Village. Based upon their reports there seems to be significantly greater compliance from Clough Harbor's perspective.

Mr. Giardina stated that he is the only person that calls the complaint hot line. He stated that Clough Harbor does a good job, however they are only here once or twice a month.

Mr. Giardina stated that the Village should check the weight of the trucks and not just take their word in this matter; the Village should get a second opinion.

Mayor Cindrich agreed and recommended that the Village step-up enforcement.

There being no further business to come before the Board a motion to close the meeting at 9:20 pm in memory of Pope John Paul II was made by Mayor Cindrich and seconded by Trustee DiChiara, all in favor.

________________________________________

William F. Williams, Village Manager and Clerk

Regular Board Meeting April 4, 2005 1.

Created by superuser. Last modified 2005-09-13 16:08:54.