Village Board Meeting - July 18, 2005

Meeting of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, July 18, 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.

PUBLIC HEARING

LOCAL LAW AMENDING CHAPTER 45 - AMUSEMENTS

Mayor Cindrich advised that there are a few areas in the draft Local Law that he is not comfortable with and asked that the Public Hearing be adjourned to the next meeting to be held on August 15, 2005.

Motion made by Mayor Cindrich and seconded by Trustee DiChiara to continue the Public Hearing on Monday, August 15, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

PUBLIC HEARING

LOCAL LAW AMENDING SECTION 101-3 VEHICLE & TRAFFIC

Assistant Village Manager, Jim Palmer, advised that the only change was adding a definition of a Commercial Vehicle as follows: C. Bears license plates issued for commercial or combination vehicles.

Mayor Cindrich stated that this Public Hearing was properly noticed and posted.

There being no further comments to come before the Board a motion to close the Public Hearing was made by Trustee DiChiara and seconded by Trustee Grunthal.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

1) Communications -

A. Resolution Approving Request from AME Zion Church

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request from the AME Zion Church to close off access to Hillside Avenue from 10:30am to 5:30pm for a "Fellowship Fun Day" to be held on Saturday, August 20, 2005, and

Further Resolved that the Highway Department drop off the necessary barricades, arrange for a special garbage pick-up and notify Hillside residents (beyond the Church) of the closing, and

Further Resolved that the street be closed from the intersection of Mountain down to Kisco Avenue and barricades be strategically placed for those vehicles making a right turn going south on Kisco Avenue, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Letter from Mount Kisco Public Library - Re: "Magic School Bus" dated July 1, 2005.

Mayor Cindrich asked Mr. Williams to contact the Police Department to arrange for the Youth Officer to be at this location.

Trustee DiChiara suggested that they use the Police/Court Parking Lot. Trustee DiChiara said that it would be much safer since the school children would not have to cross the street.

Mayor Cindrich asked Mr. Williams to meet with Susan Riley, Library Director, to discuss.

C. Resolution Approving Request from American Legion

Motion made by Mayor Cindrich and seconded by DiChiara approving the request from the Moses Taylor Jr. Post to close Legion Way on Friday, July 22, 2005 from 5:45pm to the end of their presentation (approximately 10:00pm), that the Highway Department drop of the necessary barricades, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Letter from Northern Westchester Center of the Arts received on July 8, 2005 advising of joining Sales Days and ArtiGras to be held on Friday, September 9 and September 10, 2005

E. Letter from the Mount Kisco Chamber of Commerce dated July 11, 2005 advising of the Sales Days to be held on Friday, September 9th and Saturday, September 10, 2005.

F. Letter from Verizon dated June 28, 2005 informing Mount Kisco that they will be engaged in significant network upgrades.

Vincent Young and Kei Kurihara representing Verizon addressed the Board about the upcoming improvements that will take place in Mount Kisco.

Mayor Cindrich stressed to Mr. Kurihara and Mr. Young that Verizon not schedule any work in the Village and disrupt traffic during the first week in September because of school opening and the "sometime chaos" that exists in the Village during the first couple of weeks of school with the new bus routes. Mayor Cindrich also stressed that he also does not want any installation/construction during the holiday season and that they coordinate with the Village Manager and Village Engineer with respect to any future installations. Mayor Cindrich also asked that they be cognizant when they go into areas where there is a vista, a view or a poll in close proximity to a window to make sure that they let the residents know what is going on so that we don't get complaints after the fact and then have to move the boxes.

Trustee Grunthal stated that while he very much welcomes Verizon providing competition to Cablevision he is also concerned with the disruption to traffic that he has seen in the past and treatment to Village's sidewalks and asked that when they are in Mount Kisco that their installation be better facilitated.

Trustee Markus asked if the Village can have advance notice of what streets they will be working on.

Mr. Kurihara said that he can provide a general area of where they will be working.

G. Resolution Approving Request from Bethel Baptist Church

Motion made by Mayor Cindrich and seconded by Trustee DiChiara approving the request from Bethel Baptist Church to use the parking lot closet to the church on July 23, 2005 from 9:00am to 4:00pm for their annual Bazaar subject to the submittal of insurance certificates naming the Village/Town of Mount Kisco as additional insured, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

2) Petitions - None.

3) Board, Committee and Commission Reports

A. Byram Lake Committee - Safe Yield Report

Brian Parker presented to the Board the Byram Lake Safe Yield Report dated June 28, 2005.

Mayor Cindrich said that in Mr. Parker's memorandum to Ms. Wall dated June 28, 2005 indicated that the Committee will be re-evaluating the Safe Yield in light of the discovery that prior to 9/29/04 the daily reports of water delivered to Mount Kisco from the Lake had been overstated by more than 30%. Mayor Cindrich said that the Board is very concerned and it is important we send a message to our developers and our Planning Board of what the actual yield is. Mayor Cindrich asked Mr. Williams to prepare a data base as suggested in Mr. Parker's memo so that it can be reported to the Board of Trustees.

Trustee Grunthal stated that the work presented is outstanding and thanked Mr. Parker. Trustee Grunthal said that the Safe Yield is particularly important for both Planning purposes and for the funding of our infrastructure and we need to keep a close eye on this. Trustee Grunthal said that the Committee was concerned about the assumptions that were used by engineers in applying the model and this is what Mr. Parker has addressed very effectively in his report.

Mayor Cindrich said that the goal is to put out an accurate report of what the Lake will support and what level of development it will support.

4) Village Manager's Reports -

A. Level of Byram Lake

Village Manager, Bill Williams, advised that the overall level at Byram Lake is at 93.9% capacity.

B. Village Manager, Bill Williams, introduced Clara Zamora, Senior Account Clerk, to the Board. The Board welcomed her to the Village and looks forward to working with her.

C. Resolution Awarding the Bid for the Croton Avenue/Prospect Street Water Project.

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus awarding the bid for the Croton Avenue and Prospect Avenue Water Main Improvement project, based upon the recommendation of Michael Stein, Project Engineer, Dolph Rotfeld Engineering, to Bilotta Construction Corp, Harrison, New York in the amount of $595,389.00 subject to review and approval of contracts by the Village Attorney, and

Further Resolved, that a clause be put in the contract that once the contractor reaches 1,000 cubic yards of rock, they will negotiation the unit price with the Village, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich asked Mr. Stein to make it very clear to Bilotta that this project is entirely their burden and responsibility. Mayor Cindrich said that the Village will provide information to them, but they cannot rely on Village staff to work after hours and on weekends generating overtime. Mayor Cindrich asked Mr. Stein if he has reviewed the traffic issues.

Mr. Stein said that he will be overseeing the project and will make sure that this does not happen. Mr. Stein said that his office prepared the traffic plan and everything has been submitted to the Department of Transportation.

D. Resolution Scheduling an Executive Session

Motion made by Trustee DiChiara and seconded by Trustee Markus scheduling an Executive Session following the Regular Meeting to discuss Litigation matters with respect to a claim against the Village from S&L Construction relative to the Byram Lake Filtration Plant, Personnel issues relative to Union Contract Negotiations and disciplinary actions, Real Estate Matters relative to transactions with respect to the Old Ambulance Corps and Swiss Benevolent Property, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports -

Trustee Griffin, Jr. advised that the Buildings and Grounds Committee is reviewing the specifications for the Clock Tower and Roof repair and will be making recommendations to the Engineer.

Trustee DiChiara thanked Senator Liebell and Senator Bradley for their assistance in getting the Library Foundation approved by the State. Trustee DiChiara said that the approval should come by the end of this week and then the Foundation can apply to the Internal Revenue Service to have the Foundation declared a 501C3 before the end of the summer.

Mayor Cindrich, on behalf of the Fire Commissioners and the Village Board, thanked everyone who attended and came out to support the Fireman's Parade. Mayor Cindrich also thanked the community for supporting Northern Westchester Center for the Arts and the recent Shakespeare production. Mayor Cindrich advised that the Board met earlier this evening with some of the major land owners in the downtown area and shared information relative to the downtown and where the Village is going in the future. Mayor Cindrich said that our business community is very healthy with tenants are "beating down the doors" to come into Mount Kisco. Mayor Cindrich advised that he has been meeting on a weekly basis with owners of the Grand Union Property who have pledged to do something for Mount Kisco as they move forward. Mayor Cindrich said that some of their projects will alleviate certain traffic problems that exist on Route 117 including installation of signalization. Mayor Cindrich said that they are looking to appoint alternates on the Planning Board and asked anyone who is interested to please send in a letter of interest. Mayor Cindrich said that the Board is working on an initiative to improve Branch Brook to improve the Brook and prevent any future flooding in the downtown.

6) Old Business

A. Resolution Approving Premier Auto Group - Urban Renewal Regulations

Motion made by Mayor Cindrich and seconded by Trustee Markus, based upon the recommendations of the Village Attorney and Village Planner, hereby approves Premier Auto Group to be in compliance with the Urban Renewal Regulation subject to the applicant preparing an affirmation that they are in compliance with the Urban Renewal Regulations, and

FURTHER RESOLVED that if the Premier Auto Group deviates from the plans and the Village of Mount Kisco finds that Premier Auto Group is not in compliance with the Urban Renewal Regulations, they will be required to come back to the Planning Board for further review and approval.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Mayor Cindrich charged the Village Attorney to work on repealing the Urban Renewal Regulations and not to entertain any more applications until this is completed.

C. Resolution Approving a Local Law Amending Chapter Section 101-3 - Vehicles and Traffic

Motion made by Trustee Griffin, Jr. and seconded by Trustee DiChiara hereby approving the following Local Law adding the following C. Bears license plates issued for commercial or combination vehicles;

A LOCAL LAW AMENDING §101-3

OF THE CODE OF THE VILLAGE/TOWN OF MT. KISCO

Chapter 101 (Vehicles and Traffic) of the Mount Kisco Code is hereby amended as follows [new language underlined]:

§ 101-3. Definitions.

For the purpose of this chapter and the Traffic Rules and Regulations Register adopted pursuant to the provisions of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, except as may be otherwise required by state statute:

COMMERCIAL VEHICLE -- A truck, tractor, trailer, bus, school bus, omnibus, taxicab, livery car, or any other vehicle used for commercial purposes. A vehicle shall be deemed to be used for commercial purposes if it: [Added 8-11-2003 by L.L. No. 6-2003]

A. Bears advertising on the vehicle, including but not limited to the name of the business, telephone number, or hours of operation; or

B. Carries tools or equipment attached to the outside of the vehicle or visible from the outside of the vehicle; or

C. Bears license plates issued for commercial or combination vehicles; or

D. Has other indicia of commercial use.

FIRE-SAFETY ZONE -- Shall be considered legally equivalent to a no-parking zone. A fire-safety zone is an area, either public or private, where parking is prohibited, pursuant to the provisions of this chapter, so as to facilitate and permit easy access by fire-fighting and other emergency vehicles.

NO-PARKING ZONE -- When parking is prohibited, no person shall park a vehicle, whether occupied or not, but may stop or stand temporarily for the purpose of and while actually engaged in loading and unloading merchandise or passengers, pursuant to Article 32, § 1200, of the Vehicle and Traffic Law of the State of New York.

NO-STANDING ZONE -- When standing is prohibited, no person shall stand or park a vehicle, whether occupied or not, but may stop temporarily for the purpose of and while actually engaged in receiving or discharging of passengers, pursuant to Article 32, § 1200, of the Vehicle and Traffic Law of the State of New York.

NO-STOPPING ZONE -- When stopping is prohibited, no person shall stop, stand or park a vehicle, whether occupied or not, pursuant to Article 32, § 1200, of the Vehicle and Traffic Law of the State of New York.

TOW-AWAY ZONE -- A no-stopping zone or no-standing zone or no-parking zone that has been duly promulgated to be, in addition, an area where illegally parked vehicles may be removed by the Village of Mount Kisco or its duly authorized agent.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution Scheduling a Public Hearing - Local Law Amending Chapter 110-28 (3) and (4)

Motion made by Mayor Cindrich and seconded by Trustee DiChiara scheduling a Public Hearing for Monday, September 6, 2005 to hear comments as it pertains to a Local Law amending Chapter 110-28 (3) and (4) of the Code of the Village of Mount Kisco, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

E. Resolution Approving Clough Harbour & Associates for

Monitoring Transfer Station Complaint Line

Motion made by Mayor Cindrich and seconded by Trustee DiChiara authorizing the Village Manager to sign the agreement with Clough Harbour and Associates for monitoring of the Transfer Station Complaint Line for a period of three (3) months, 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 Approving Out-Of-State Conference

Motion made by Trustee Grunthal and seconded by Trustee DiChiara approving the request from the Superintendent of Recreation to attend the N.R.P. Congress Conference in Texas, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution Approving Appointment to Architectural Review Board

Motion made by Trustee DiChiara and seconded by Trustee Grunthal approving the appointment of Anne Houck to the Architectural Review Board, 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 Grunthal and seconded by Trustee Marcus to pay the bills, all in favor.

General Fund $151,299.11

General Fund Claims $125,066.41

Water Fund Claims 10,158.72

Sewer Fund Claims 2,782.96

Library Fund Claims 2,678.93

Trust Fund Claims 10,612.09

Senior Nutrition Fund 2,373.08

Water and Sewer Funds 27,432.53

Water Fund Claims $ 15,098.92

Sewer Fund Claims 1,200.00

Capital Fund Claims 11,133.61

Library Fund 6,400.82

Capital Projects Fund 35,225.80

Trust and Agency Fund 6,420.18

TOTAL $ 229,151.52

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 Markus and seconded by Trustee Grunthal hereby approving the minutes of the July 5, 2005 Public Hearing and Regular 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 -

Trudy Lartz presented a business plan for a Bed and Breakfast and advised that she is currently in negotiation for the property located at 120 Clinton Avenue.

Mayor Cindrich advised that generally what would happen with a proposal of this nature is that it would go before the Zoning Board. Mayor Cindrich suggested that this be informally distributed to our various Boards for their feedback and advised Ms. Lartz that they would get back to with any comments and what challenges she would face by going forward with proposal.

Ms. Wall stated that there was a water outage on Croton Avenue today and asked that in the future affected residents be notified by someone from the Village by knocking on doors advising residents that their water is out or going to be out.

Mayor Cindrich said that he saw the outage on both the television and web-site but recognizes that not everyone uses a computer or television for this type of information. Mayor Cindrich said that in the future in a situation like this, the Village will attempt to make a more personal notification.

There being no further business to come before the Board, the meeting was closed at 9:45pm.

_________________________________

William F. Williams,

Village Clerk

Public Hearing and Regular Meeting July 18, 2005 1.