Village Board Minutes - November 7, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, November 7, 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 Peter Grunthal

Trustee Anthony Markus

Also Present: William Williams, Village Manager/ Clerk

James Palmer, Assistant Village Manager

Whitney Singleton, Village Attorney

Absent: Trustee Peter DiChiara

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 - Proposed Local Law re: Taxi Ordinance

Village Attorney, Whitney Singleton, gave an overview of the Proposed Local Law Amending Chapter 98 of the Code of the Village/Town of Mount Kisco entitled "Taxicabs."

Miguel Duarte, Kisco Express Service, stated that he is concerned with Section 98-10 D, "requiring a title for a vehicle when applying for a license for the taxicab." Mr. Duarte stated that when a vehicle is new they do not receive the title for forty-five days and asked that there be an exception for new vehicles. Mr. Duarte also referred the Board to Section 98-18 #1, "not allowing taxicabs to refuse calls from people." Mr. Duarte stated that he has rejected calls from people that he knows are trouble makers and asked for a way to avoid serving people who always cause problems.

Mayor Cindrich stated that the law reads "shall not refuse or neglect to convey any orderly person". Mayor Cindrich suggest that if a taxicab company has a previous experience with a person as being disorderly in the taxicab, they should document this with the Police Department and he asked the Village Attorney to research this issue.

Mayor Cindrich asked what area the $4.75 fair represents.

Mr. Duarte stated that the $4.75 fair is for travel within the Village.

Mayor Cindrich asked what the fair would be for a trip to Kohl's or a Dr's. Office on Route 117.

Mr. Duarte stated that Route 117 is still considered calls within Mount Kisco but Kohl's would be a $1.00 more at $5.75.

Mr. Singleton directed Mr. Duarte to Section 98-16A5 "if the Taxicab is engaged in an out of town trip originating or terminating in Mount Kisco, the operator of the Taxicab shall agree with the passenger prior to commencement of the trip for a rate to be charged". Mr. Singleton said that the rate has to be established prior to departure of the trip.

Mr. Duarte said that the prices are advertised and this should not be a problem.

Mayor Cindrich said that there are offices along Route 172 that are in the Town of Bedford, with a Mount Kisco zip code. Mayor Cindrich asked if that fair would be in the Village or outside of the Village.

Mr. Duarte said that that location is considered Mount Kisco to the McLean traffic light.

Mayor Cindrich suggested that "how far they go on North Bedford Road” be delineated from the Proposed Local Law.

Trustee Grunthal said that at a recent work session there was some discussion that a forced $1.75 fee would be appropriate, while others felt that the $4.75 would be appropriate to be a maximum. Trustee Grunthal said that some expressed a preference to allow lower fairs than $4.75 and that this situation would work for our seniors and lower wage earners.

Mr. Duarte said that maybe in the future they can consider offering senior citizen discounts.

Mayor Cindrich asked Mr. Duarte how they handle extra passengers going to the same location.

Mr. Duarte said that the fee for this is $1.00 per person.

Mayor Cindrich asked if that applied to children.

Mr. Duarte said that it didn't apply to children under five years old.

Trustee Grunthal asked if they would consider increasing the age to seven.

Mr. Duarte said that seven is okay with him.

Mayor Cindrich suggested that as an addendum to this ordinance some type of map be attached indicating geographical locations of where the end of what we consider the Village line is and then have the fairs posted beyond those locations so that we do not receive any complaints regarding this issue.

Mr. Pedro from Ernie's Taxi stated that they already have fairs set for parts of New Castle and Bedford locations.

Mayor Cindrich stated that Mount Kisco is not going to regulate outside of the area, but is more concerned with the basic fair and where that line stops and anything after that the taxicab owner is free to negotiate the price with the passenger.

Mr. Pedro said that it would be fair to put some points of reference so as not to overcharge the passengers when leaving the Village going to Town of Bedford, Town of Pound Ridge, etc. so that the passengers have some type of reference.

Mr. Pedro stated that the change in fees for licenses is too high and asked if this can be lowered. Mr. Pedro said that it is a lot of money for new people who are just trying out the job and this may push them away from doing this.

Mayor Cindrich said that they will take this into consideration.

Mr. Pedro said that they are also concerned about sharing the cueing line and that it may turn into a very long line of cars around Kirby Plaza and could create a conflict in some places. Mr. Pedro asked if it is possible to give them a place to stand and wait.

Mayor Cindrich said that the Board and the Taxicab companies will have to get together on this issue to create a cueing scheme that is both acceptable to the Police Department, Taxicab owners and the passengers using the taxicabs.

Mr. Pedro said that he is also concerned that it be fair to those taxicab companies that do not have as many cars as other taxicab companies because the cue line will affect those with fewer cars.

Mayor Cindrich said that the Village Board may consider the number of taxicabs that are allowed to cue in the Village of Mount Kisco.

Mayor Cindrich asked Police Officer Costanza how long it takes to process a taxi license.

Police Officer Costanza said that approximately twenty minutes to a half-hour depending how many hits come back from NYSPIN. Mr. Costanza said that because some of the names are very common they draw a lot of hits and the Police Department must go through all the information. Police Officer Costanza stated that to comply with the current law they cannot have a suspension of their license within the past five years.

Mayor Cindrich asked Police Officer Costanza how long it takes to inspect the vehicles.

Police Officer Costanza said around one half-hour per car.

Mr. Singleton asked if the Board wanted to discuss limiting the number of licenses issued in Mount Kisco. Mr. Singleton said that the issue is not only of how many the Village reasonably needs, but it also goes to the issue of whether or not the taxicab owners can realistically earn a living. Mr. Singleton said that the Village may want to consider capping the total number.

Ms. Doreen Caravello, Secretary to the Police Chief, advised that there are approximately 30 legal taxicabs on the road. Ms. Caravello said that the number of cars has declined.

Trustee Griffin, Jr. said that a cap of 60 taxicabs would be more than adequate to service the Village.

Mayor Cindrich asked how many drivers are currently licensed.

Ms. Caravello advised that there are approximately 75-80 drivers.

Trustee Marcus asked if there is anything in the law that addresses denying taxicab licenses for moving violations.

Mr. Singleton directed Trustee Marcus to Section 98-7-B "conviction records checks and fingerprints, reasons for denials, suspensions and cancellations, revocation or refusal to renew or issue a license". Mr. Singleton stated that items set forth in this section go through the reasons for denial and then there is a hearing procedure in place.

Trustee Marcus said that he does not see anything in this section that addresses moving violations.

Mr. Singleton said that the standards for review are embodied in Article 23A of the correction law and this provides a statutory framework for the licensing official to go back and look at someone's background, i.e. misdemeanors, felonies, traffic tickets, etc. to see if that particular offense or conviction has bearing on their ability to carry out their functions. Mr. Singleton said that this is a widely accepted standard that allows the licensing agent the discretion and flexibility of being able to say that multiple traffic tickets are a basis for denying a license or a revocation of a license.

Trustee Griffin, Jr. stated that in Section 98-2 the Owner of the vehicle is described as the person whose name is on the title and asked if this should include registration.

Mr. Singleton asked Police Office Costanza if whether or not you can have a vehicle owned by one person and register to another.

Police Officer Costanza said yes.

Mr. Duarte said that the Insurance Company requires you to own the vehicle to entitle you to register it.

Mr. Singleton said that he will look into this.

Trustee Grunthal referred to 97-7 Convictions, and said that he remembered that in a previous draft of this law it included not only convictions but also pending charges and has this been changed in this draft.

Mr. Singleton said that he doesn't recall this being in a prior version.

Police Officer Costanza said that it would come back on their criminal history if something is pending.

Mayor Cindrich said that we should also add "Unclassified Misdemeanors" in this section and also add "any class of "Registered Sex Offender". Mayor Cindrich said that the issue is going to be that the owners who are carrying some of the insurance for this operation are going to have to be aware of their drivers and their driver's records.

Mr. Singleton said that there is also a requirement under paragraph B-2, "that any information that is misrepresented on an application shall be considered a material false statement and are subject to prosecution."

Trustee Griffin, Jr. referred to Section 98-10J "any individual that desires to operate a taxicab business without actually owning any or all of the vehicles in the fleet may do so provided that said owner files for a taxicab license, etc." Mr. Griffin, Jr. asked if this essentially allows for sub-contracting.

Mr. Singleton said that this came about because there was a concern that people could basically be pawns, you could have someone who is sent out to drive a taxi without a license and, in the event that the taxicab is in an accident, the owner of the company could take no responsibility because they are not the owner of cab and have no responsibility. Mr. Singleton said what this is trying to address is a situation where someone sets up some type of structure whereby they are neither the owner officially of the cab, nor are they the driver, yet they will have liability and they will not be able to benefit in a business by the fact that they are not licensed by either the owner or the driver.

Trustee Griffin, Jr. asked who is paying the insurance then.

Mr. Singleton said that there is liability set forth in the Local Law for the owner of the company, the owner of the cab and the driver of the cab depending on the circumstances.

Trustee Griffin, Jr. said that a number should be referenced to each taxicab that is licensed so that they are identifiable.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. to adjourn the meeting and continue the Public Hearing on November 21, 2005 at 7:15pm, all in favor.

Motion made by Mayor Cindrich and seconded by Trustee Marcus approving the request from the Mt. Kisco Hebrew Congregation to place a Menorah on the Library lawn during the Festival of Hanukah, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Motion made by Mayor Cindrich and seconded by Trustee Grunthal approving the request from the American Legion to hold their Veterans Day services in front of the Village Library on November 11th at 11:00am.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The Village Board of Trustees scheduled an informal interview with Mr. Robert Risley for Monday, November 21, 2005 at 7:30 pm.

4) Village Manager's Reports -

Village Manager, Bill Williams, advised that the level of Byram Lake was at 100.4%, daily average consumption for the month of October was 1,498,418 gallons and on October 11th the Leonard Parks Wells were shut off for the season.

Village Manager, Bill Williams, advised that the project is preceding according to its daily chart and Mike Stein, the Village's Engineer reports that there are no problems.

Motion made by Trustee Marcus and seconded by Trustee Grunthal approving Parking Permit Fees for 2006 as follows:

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Village Manager, Bill Williams, announced that the Skate-Park is officially closed for the winter season.

E. Resolution Scheduling an Executive Session

Motion made by Trustee Marcus and seconded by Trustee Grunthal to discuss pending litigation, personnel and real estate matters, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Trustee Grunthal stated that the Byram Lake Committee visited the Filtration Plant last week to look at the monitoring of water quality as it relates to Byram Lake to insure that all the monitoring required by the ENSR is being done. Trustee Grunthal said that it was very interesting and they hope by the next meeting to have a full report for the Board.

Trustee Griffin, Jr. advised that the Buildings and Grounds Committee inspected the Library and confirmed that they have heat. They also took some remedial steps at the Filtration Plant to correct a problem in the roof, and inspected a furnace at the Recreation Garage.

Mayor Cindrich advised that the met with the Board of the Pine Crest Manor in an effort to improve that facility. He has met on a regular basis with representatives from County Social Services and also residents of that community in an effort to improve the property.

Mayor Cindrich read the following letter he received into the record. Mayor Cindrich said that this letter was received today and advised that Mr. Diamond is not happy with the misinformation that is being circulated around the Village and is extremely pleased with the efforts of both the Village Board and Planning Board.

"Dear Mayor Cindrich, on behalf of Diamond Properties I want to take this opportunity to thank you for all your input and assistance with regard to our project at 333 North Bedford Road. You have been a tremendous help and we sincerely appreciate all of your insight and suggestions over the past year. Your input with regard to improvements that we can make on the property, have been invaluable and have helped us to improve our plans at each step along the way. As long time building owners within Mount Kisco, we are especially interested in finding ways to make a positive contribution to the community. Your suggestions with regard to the construction of Diamond Properties of the municipal ball field, the removal of the tall 100,000 gallon water tower which is admittedly a major eyesore for the community, the signalization by Diamond Properties of the Brookside Condominium intersection and the removal of a significant amount of blacktop and replacement of landscaping throughout our property have been all extremely helpful and productive. Diamond Properties is also enthusiastic about being able to provide Mount Kisco with free municipal storage at the site. Overall you have helped us in making a positive contribution to the Village of Mount Kisco and also developing a low impact property that I believe will end up providing significant real estate tax dollars to Mount Kisco. Mr. Mayor thanks again for your vision and your assistance, you are an asset to the community, sincerely, Jim Diamond."

A. Resolution authorizing approving the addendum to the Leonard Park Well Field and Pumping Station and Filtration Plant Operating Agreement

Motion made by Trustee Griffin, Jr. and seconded by Trustee Marcus approving the addendum and authorizing the Village Manager to sign an Agreement with Aquarion Operating Services for the Leonard Park Well Field and Pumping Station and Filtration Plant Operation, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Trustee Griffin, Jr. questioned the bills to Almeida Oil Company and asked that they not get paid until they are checked. Trustee Griffin, Jr. was under the impression that the Village was under contract with them.

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

General Fund $278,679.04

General Fund Claims $256,137.13

Water Fund Claims 16,849.78

Sewer Fund Claims 4,301.85

Library Fund Claims 1,390.28

Senior Nutrition Fund 1,320.12

Water and Sewer Funds 46,503.97

Water Fund Claims 26,062.89

Sewer Fund Claims 20,441.08

Library Fund 2,114.46

Capital Projects Fund 11,480.87

Trust & Agency Fund 13,443.84

_______ __________

TOTAL $353,542.30

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Motion made by Trustee Griffin, Jr. and seconded by Trustee Marcus approving the minutes of the meeting held on October 24, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

A Representative from the Library Board thanked the Board for their support.

There being no further comments to come before the Board a motion to close the meeting at 8:50 pm was made by Trustee Marcus and seconded by Trustee Griffin, Jr., all in favor.

___________________________________

William F. Williams, Village Manager

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Public Hearing-Local Law Amending Chapter 98 Taxicabs

Regular Meeting November 7, 2005

Created by superuser. Last modified 2005-12-13 16:21:25.