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Village Board Meeting - August 15, 2005


Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, August 15, 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 Anthony Markus

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 also asked that we keep in our thoughts John Lido who is undergoing an operation and the Family of Tony Cercone.

Mayor Cindrich asked that the Public Hearing regarding Chapter 45, Amusements, be suspended to September 6, 2005. Mayor Cindrich said that it is the policy of this Board not to conduct Public Hearings during the month of August.

1) Communications -

A. Letter from Sue Das dated July 22, 2005 expressing interest in serving on the Community Relations Committee.

B. Resolution Approving Request from MKESA

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request from the Mount Kisco Elementary School Parent Association to hold their annual Fall Car Wash & Carnival Fund Raiser on Saturday, October 1, 2005 as detailed in their letters dated July 26 and August 2, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

C. Resolution Approving Block Party Request

Motion made by Mayor Cindrich and seconded by Trustee Markus approving the request from High Street residents to hold a Block Party on September 10, 2005 from 2:00pm to 10:00pm, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

D. Letter from Citizens Campaign dated July 25, 2005 advising that they will be canvassing in Mount Kisco.

E. Resolution Supporting Civil Confinement Law

Motion made by Mayor Cindrich and seconded by Trustee Marcus approving the following resolution:

WHEREAS, the savage murder of Concetta Russo-Carriero on June 27, 2005 has acted as a severe and painful reminder of the dangers of sex offenders who reside within our communities, and

WHEREAS, counties, towns, villages and cities throughout New York State continue to address the complex issue of how to protect citizens from sex offenders, and

WHEREAS, sixteen states already have in place civil commitment laws which allow the state to confine violent sexual predators to secure treatment centers rather than to be released to the community, and

WHEREAS, these civil commitment laws are designed to ensure a system whereby violent sexual offenders whose terms of incarceration are about to end are evaluated to determine whether they should be released into the community or sent to another secure facility, and

WHEREAS, the State Legislature and the Governor have the sole authority to enact civil commitment legislation on behalf of the people of the State of New York,

WHEREAS, in the absence of a civil commitment law, other procedures can be up into place immediately to help ensure that violent sex offenders are not permitted to roam throughout our communities, and

WHEREAS, such procedures include, (1) providing Westchester County with a waiver from the State's Office of Temporary and Disability Assistance, which the County Executive has requested, to institute a policy of confining any Level 3 Sex Offender or Level 2 Sex Offender whose victim was a child under the age of 16 who resides in a temporary housing shelter to said facility at all times, (2) requiring the New York State Parole Board to cease granting parole to any Level 3 Sex Offenders who are currently eligible, (3) imposing lifetime post release supervision on all Level 3 Sex Offenders so that they are supervised for life, (4) requiring Level 3 Sex Offenders and Level 2 Sex Offenders who victimized a child, and who are currently on parole, to wear electronic monitoring devices, and (5) convening a Task Force to examine sentencing guidelines and conditions for parole for violent sex offenders to ensure that we are maximizing our efforts to protect the public at large, and

NOW, THEREFORE, BE IT RESOLVED, that the Village/Town of Mount Kisco calls upon the Governor and the State Legislature to immediately pass and enact a civil commitment law in a special legislative session and to immediately institute the additional policy changes articulated in this resolution, and

BE IT FURTHER RESOLVED that a copy of this resolution to sent to Governor Pataki, Assembly Speaker Silver, Senate Majority Leader Bruno, and the members of the Westchester County Delegation to the State Legislature.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

F. Letter from Daniela Salaverry dated July 21, 2005 resigning from the Conservation Advisory Committee.

G. Letter from Alex Matthiessen of Riverkeeper dated August 1, 2005 requesting to address the Village/Town of Mount Kisco with a presentation regarding the East Hudson Watershed.

H. Letter from Jim Diamond of Diamond Properties dated August 10, 2005 regarding 333 North Bedford Road, Mount Kisco, New York

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 Byram Lake capacity as of this morning was 91.25% with total monthly gallon reported for the month of July shows a daily average of $1,548,399.

B. Resolution Scheduling an Executive Session

Motion made by Mayor Cindrich and seconded by Trustee DiChiara scheduling an Executive Session following the end of the Regular Meeting

to discuss pending litigation with respect to Town and Country, personnel matters and real-estate with respect to Town and Country and the Swiss Benevolent Property, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

5) Board Reports -

Trustee DiChiara advised that the Library Board is holding a meeting this week and asked anyone who is interested to contact the Library Board.

Mayor Cindrich said that it is very important that the community be aware of the costs associated with the proposed renovations to the Library and asked that detailed information get out to the entire community.

Mayor Cindrich asked that the community support the family of Tony Sercone who sustained a spinal cord injury while playing Lacrosse for Fox Lane High School.

Mayor Cindrich advised that he has been working on the Branch Brook issue and advised that an analysis of the wetlands has been completed and forwarded to the Conversation Advisory Council for their review.

Mayor Cindrich thanked all the volunteers who were out during the recent storm for their assistance and taking care of a variety of problems.

Mayor Cindrich advised that he has an upcoming meeting with Mel Berger and the Reverend Paul Alcorn on Homeless issues.

Mayor Cindrich addressed a letter from the Mount Kisco Housing Authority written to the Office of Fair Housing and Equal Opportunity and asked Village Manager, Bill Williams, to write a letter on the Board's behalf echoing what was said in the letter that the government in Washington is not doing what they should be doing on Social issues.

Mayor Cindrich announced that a memorial service will be held on September 11, 2005 8:30am, in the proximity of Mutual Engine and Hose Company.

Village Manager Bill Williams advised that, after review by engineers, drainage improvements on Brook Street will be needed to mitigate the icing that occurs during the winter. Mr. Williams advised that they will work on financing for this project.

6) Old Business

A. Resolution Scheduling a Public Hearing Re: Section 110-28H (Parking on Set-Backs

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. scheduling a Public Hearing for Monday, September 6, 2005 to hear comments as it pertains to a Local Law amending Section 110-28H, Parking on Set-Backs, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

B. Rejection of Swiss Property Proposals

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus rejecting proposals for the purchase of the Swiss Property, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

C. Resolution Approving Ambulance Corps Lease

Motion made by Trustee Griffin, Jr. and seconded by Trustee Marcus awarding the lease of the former Post Office Building to Mount Kisco Pizza for an annual lease of $36,000 with a 3% annual adjustment, subject to review and approval of the contract by the Village Attorney, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

D. Route 117 Main Street Intersection Change

Mayor Cindrich advised that they are currently working on scheduling a meeting with the New York State Department of Transportation to review suggestions made by Mount Kisco.

7) New Business

A. Resolution Approving Westchester County Snow & Ice Agreement for 2005-2010

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the Westchester County Snow and Ice Agreement for 2005-2010, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Absent

Trustee Markus Aye

B. Resolution Approving Filtration Plant Settlement Agreement

Motion made by Trustee Marcus and seconded by Trustee Griffin, Jr. hereby authorizing the Village Manager, based upon the recommendation of Clinton Smith, Esq. of Wormser, Kiely, Galef & Jacobs, to sign the Westchester Plant Settlement Agreement with S&L Plumbing and Heating Corporation in the amount of $60,000 as detailed in their letter dated August 11, 2005, all in favor.

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

General Fund $195.595.70

General Fund Claims $147,251.48

Water Fund Claims 11,991.48

Sewer Fund Claims 5,258.76

Library Fund Claims 2,660.98

Capital Fund Claims 27,058.00

Trust Fund Claims 1,375.00

General Fund - paid in advance of audit

8/01/05 $ 108,796.51

8/10/05 2,285.03

Senior Nutrition Program 6,214.75

Senior Nutrition Program - paid in advance of audit 149.00

Water and Sewer Funds 125,860.92

Total Water Fund 122,649.47

Total Sewer Fund 3,211.45

Library Fund 7,058.62

Capital Projects Fund 74,290.00

Trust and Agency Fund 17,701.74

Total $537,952.27

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 Grunthal and seconded by Trustee Marcus hereby approving the minutes of the July 18, 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

Tracey Hall addressed the Board with some issues regarding the Executive Pool Director.

Mayor Cindrich advised that the complaints have been forwarded to the Recreation Board and are being reviewed by legal counsel.

Mrs. Whelan complained that the southbound exit of the Saw Mill River Parkway onto Kisco Avenue is extremely dangerous and asked if a police officer could be present between the hours of 8:00-9:30am because the traffic is backing up onto the Saw Mill River Parkway.

Mayor Cindrich stated that the Saw Mill River exit was reviewed by the Planning Board when the Target/A&P complex was constructed, the Planning Board recognized the fact that this intersection may be warranted to have signalization and this is something that needs to be addressed with the New York State Department of Transportation.

There being no further business to come before the Board, the meeting was closed at 9:20pm.

__________________________________

William F. Williams

Village Clerk

Village Board Meeting August 15, 2005 5.

Created by superuser. Last modified 2005-09-21 10:17:23.