Village Board Minutes - November 21, 2005

Meeting of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, November 21, 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. Mayor Cindrich also asked that we keep in our prayers the mother of Michael Buetti and the entire Buetti family.

Public Hearing Continued - Proposed Local Law re: Taxi Ordinance

Village Attorney, Whitney Singleton, gave an overview of the changes to the Local Law as a result of comments made at the last meeting with respect to fairs, condition of vehicles, submissions to licensing officials, limitation of licensed vehicles, inspection of vehicles and required identification of vehicles.

Mr. Singleton stated that at the last meeting there was some discussion with respect to the type of license plates that a taxicab could have and whether or not that would entitle them to go to Westchester County airport or any other airport in the area. Mr. Singleton advised that he has spoken with the Westchester County Taxi and Limousine Commission and the Regional Office of the Department of Motor Vehicles and was advised that the Department of Motor Vehicles will issue taxicab license plates if it is a requirement of a municipality and once they have a taxicab license plate they may go to any airport. Mr. Singleton advised that he has made the necessary changes to the Local Law that will require all taxicab operators to have taxicab license plates for their vehicles to operate in Mount Kisco. Mr. Singleton said that this will also make it easier for the Village to determine whether or not a taxicab operator is licensed and operating legally in the Village.

Mayor Cindrich said that he was under the impression that if someone called for a taxicab to a certain location, a Livery plate could make that pick-up.

Mr. Pedro of Ernie's Taxi stated that Livery plates are regulated by Westchester County. Mr. Pedro said that he feels it is better that operators in Mount Kisco have a taxicab license plate if they are picking people up in Mount Kisco.

Mr. Singleton said that there was also discussion as to whether or not the train station should be the only taxicab station in Mount Kisco. Mr. Singleton said that the Local Law provides that taxicabs can only pick up at designated Taxicab stands and this will allow the Board to implement other areas in the Village without a modification to the code.

Trustee Markus asked how many licensed taxicabs are currently licensed in the Village.

Doreen advised that there are 62 drivers and 42 cars currently licensed.

Mr. Duarte of Kisco Express Taxi said that the ideal way of working is to have every driver with their own cars and the Village may have to raise that number because there are currently 62 drivers.

Trustee Griffin, Jr. asked Mr. Duarte and Mr. Pedro how many taxicabs he currently has.

Mr. Duarte of Kisco Express Taxi stated that he has 14 taxicabs and Mr. Pedro or Ernie's Taxi stated that he has 21 taxicabs.

Trustee Griffin, Jr. said that the taxicabs that are currently licensed should be grandfathered but new applicants should go into a lottery.

Mr. Pedro said that with the new regulations he feels that the number of drivers will drop because many will not qualify.

Mr. Duarte disagreed with Mr. Pedro, he feels that it is better to allow drivers to share cars and feels that 62 cars would be too many.

After further discussions the Board agreed to cap the total number of licenses to 50.

Trustee Grunthal said that he would like to see an identifying number on both the outside and inside of the taxicab so that the taxicab is identifiable to passengers. Trustee Grunthal said that he is also concerned with the $500.00 fee since the survey that was provided by the Village Manager shows a range of anywhere between $30.00 to $250.00.

Mayor Cindrich said that he is concerned with the amount of time and money the Village spends on the licensing and inspections but is willing to see the fee reduced to $350-$400.

Trustee Griffin, Jr. stated that he hoped by increasing the taxicab fee the Village would see an increase in the quality of taxicabs.

After further discussion the Board set the fee for a taxicab at $350.00 and for the annual Taxi Driver License at $200.00.

After further discussion the Board agreed to set the maximum rate at $4.50 for trips within Mount Kisco. The Board decided not to regulate fairs outside of the Village limits and fairs for seniors.

After further discussion the Board revised the Law with respect to children as follows: "two (2) children 8 years of age and under will ride for free if accompanied by an adult passenger, additional children under the age of 8 will be charged $1.00".

Village Attorney, Whitney Singleton, advised that it is the Board's right to require more than the State minimum of insurance. Mr. Singleton said that the County requires in the multi-millions of dollars for insurance.

Mayor Cindrich asked the Taxicab owners what kind of insurance they carry.

Mr. Duarte said that they carry the minimum of $25,000.

Mayor Cindrich asked Mr. Singleton if the Village would assume any liability and questioned if the taxpayers would have any exposure.

Mr. Singleton responded by saying no, as long as they meet the State minimum. Mr. Singleton said that other municipalities do not require higher insurance.

There being no further comments to come before the Board, a motion to close the meeting was made by Trustee Markus and seconded by Trustee Griffin, Jr. all in favor. 8:10pm

A. Letter from the Mount Kisco Chamber of Commerce announcing their Holiday Eve Celebration to be held on Thursday, December 15, 2005 from 5-8:00pm.

B. Resolution Approving Free Parking for Holiday Season

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. approving the request from the Chamber of Commerce to provide free Parking for the time allowed from December 12, 2005 to December 30, 2005, not to include Commuter parking lots, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Nay

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution Approving Annual Community Tree Lighting Ceremony

Motion made by Trustee DiChiara and seconded by Trustee Grunthal approving the

request from the Chamber of Commerce for Police Assistance on Friday, December 2, 2005 at

6:00pm to assist crossing of children and adults from Main Street to the American Legion and

further approves the Police Expenditure, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Letter from Richard Hardy Sr. resigning from the Tree Board.

4) Village Manager's Reports -

Village Manager, Bill Williams, advised that the level of Byram Lake is at 100.1% capacity.

Village Manger, Bill Williams, advised that the Village's Engineer's opinion is that the water service request for 150 Sarles Street was an issue that fell under the Village Code and has referred this back to the Village Board for their review.

Mayor Cindrich asked if the one inch water service connection outside the Village meets the criteria that the Village established of who the Village would allow to connect. Mayor Cindrich said that we have in the past denied other applicants on new construction.

Mr. Singleton said that the law specifically states for homes that are within 1000 feet of an existing main and for premises that existed as of 1992. Mr. Singleton said that it is up to the Board to determine if the Village has a sufficient supply of water so as to warrant this connection.

Mayor Cindrich said that he would like to see the estimate of what the charges would be to the applicant for the one inch line and meter, the bonding requirements and excavation costs. Mayor Cindrich said that the Board will need to review this further before a decision can be made.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. scheduling an Executive Session following the close of the regular meeting this evening to discuss pending litigation, contract negotiations, personnel and real estate matters, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution Scheduling an Executive Session

Motion made by Mayor Cindrich and seconded by Trustee Markus scheduling an Executive Session for Tuesday, November 22, 2005 at 8:00am to conduct Police Officer interviews, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Trustee Markus advised that the Homeless project is going very well and is accommodating all those that require services. Trustee Markus advised that the Red Cross has provided the Village with a vehicle for use in connection with this project as well as for disaster relief, it is a great thing that they are doing and shows an effort of teamwork between the American Red Cross and the Village of Mount Kisco. Trustee Markus thanked all the Churches and Synagogues for their efforts.

Trustee Griffin, Jr. advised that the Building and Grounds Committee met last week and discussed a number of issues with respect to Leonard Park regarding bridge inspection and a future bid for repaving of the blacktop surfaces. Trustee Griffin, Jr. said that the Committee recommended that the picnic tables behind the Library be removed and stored for the winter and that derelict vehicles by the Sewer Treatment Plant be removed. Trustee Griffin, Jr. said that they also discussed finalizing the bid specs for the Clock Tower project. Trustee Griffin, Jr. said that the Committee also discussed the Kirby Plaza project and the need to complete the project to include metal fencing along the sidewalk that was originally promised by the County. Trustee Griffin, Jr. said that he was advised that the County does not have any more funds this year for the project.

Trustee DiChiara said that the importance of the fence is to protect the trees in the park next to Kirby Plaza.

Mayor Cindrich asked to see if there is any money left from contributions to the Clock. Mayor Cindrich said that he also wants to see the restoration of the ground under the trees and plantings so that it doesn't look like a blighted area.

Trustee DiChiara read an article from the Journal News on how boutiques are being boxed out of communities by national retailers and encouraged everyone to spend time shopping at the local stores in Mount Kisco.

Mayor Cindrich said that he attended the Veteran's Day Ceremony, the Independence Fire Company celebration honoring their old timers, and the Guidance Center celebration honoring Joseph Cosantino and Peter Levy for the contributions they have made in providing homes for mentally challenged people.

Mayor Cindrich said that last year the Board had met with various officials regarding traffic issues affecting Mount Kisco. Mayor Cindrich said that he would once again like to address the issues of traffic and asked that we prepare another letter to Senator Liebell and Senator Bradley, and to this time include Governor Pataki, the New York State Department of Transportation, the County Board of Legislators and the Town of Bedford to request them to aggressively address the traffic issues in Mount Kisco. Mayor Cindrich said that the relief is not within the confines of Mount Kisco, but rather the opening of Green Lane in the Town of Bedford at the Saw Mill Parkway. Mayor Cindrich said that he is suggesting that this intersection be signalized and that they correct the misdeed by the New York State Government Officials in closing this intersection over 20 years ago. Mayor Cindrich said that the closing of that intersection has had a drastic impact on the traffic flow on Mount Kisco.

A. Appointment to Byram Lake Committee will be made at the next Regular Meeting.

A. December 5, 2005 Term Expirations and consideration of a Town Prosecutor and for an Attorney to represent the Zoning Board and Tax Certiorari.

B. Resolution authorizing the tax certiorari settlement for 118 North Bedford Road Assoc. LLC

Motion made by Trustee DiChiara and seconded by Trustee Grunthal approving the following resolution:

Whereas, petitions having been filed by the owner challenging real property tax assessments on the Village and Town assessment rolls with respect to the following parcel:

Property Owner Address Years

118 North Bedford Road Section 69.74-2-1 Village 2002-2005

Road Associates, LLC Section 69.74-2-1 Town 2002-2004

Whereas, petitioner's court challenge is now pending in the Supreme Court, Westchester County, and

Whereas, the Village and the owner have reached a mutually agreeable resolution:

Now, therefore, be it resolved, the office of the Village Attorney is authorized to execute a settlement on behalf of the Village and Town for assessments for no less than the following:

VILLAGE PROCEEDINGS:

Assessment Yr Original Assessment Proposed Settlement Assessment Reduction

2002 $1,000,000 $763,000 $237,000

2003 $ 900,000 $564,000 $336,000

2004 $ 800,000 $609,000 $191,000

2005 $ 800,000 $566,000 $234,000

TOWN PROCEEDINGS:

Assessment Yr. Original Assessment Proposed Settlement Assessment Reduction

2002 $1,400,000 $1,122,000 $278,000

2003 $1,400,000 $1,060,000 $340,000

2004 $1,400,000 $1,113,000 $287,000

The Settlement will result in County and School refunds of $54,065 and Village refunds of $63,605.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution authorizing the Budget Modification for FY 2005/2006 Budget

Motion made by Trustee Grunthal and seconded by Trustee Markus approving the following:

Resolved that fiscal year 2005/06 adopted budget is hereby amended to provide needed appropriation for the following account as follows:

Increase Appropriations - Sewer Fund: $34,160

G8120.200 Sanitary Sewer - Equipment

Decrease Appropriations - Sewer Fund: $34,160

F9950.900 Transfers to Capital Projects

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution authorizing the contract with Penflex for Actuarial Administrative Services

Motion made by Trustee Grunthal and seconded by Trustee Griffin, Jr. authorizing the Village Administrator to sign the contract with Penflex for Actuarial Administrative Services, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

E. Resolution authorizing the Village Manager to sign the Memorandum of Understanding between the American Red Cross and the Village of Mount Kisco

Motion made by Mayor Cindrich and seconded by Trustee Markus authorizing the Village Manager to sign the Memorandum of Understanding between the American Red Cross and 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

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

General Fund $125,449.62

General Fund Claims $116,311.42

Water Fund Claims 5,572.50

Sewer Fund Claims 1,355.70

Library Fund Claims 890.00

Capital Fund Claims 935.00

Trust Fund Claims 385.00

General Fund-Payment for Election Inspectors 9,179.01

Senior Nutrition Fund 5,963.70

Water and Sewer Funds 58,541.64

Water Fund Claims 57,356.87

Sewer Fund Claims 1,184.77

Library Fund 7,898.48

Capital Projects Fund 8,756.81

Trust & Agency Fund 43,301.60

General Fund Claims 212.50

Trust & Agency Claims 42,089.10

TOTAL $258,090.86

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus approving the minutes of the meeting held on November 7, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich advised that a petition will be coming forward regarding the Village's Sewer District. Mayor Cindrich said that he will be meeting with the Supervisor of the Town of Bedford and assured the public that the Village of Mount Kisco is not going to spend any money until we see who the players are and how the connection will benefit the residents of Mount Kisco.

Bob Ray, former employee of the Mount Kisco Water Department, suggested that when there are water issues they should consider asking former employees of the Water Department because they have the background and history that could assist the Village in resolving these issues.

Mayor Cindrich thanked Mr. Ray for his suggestion and the offer of help and will contact him in the future.

Trustee DiChiara advised that on November 7, 2005 he was away on business in London but was notified about a demonstration in front of Village Hall through many e-mails. Trustee DiChiara said that he will not comment on the content of the demonstration because people have the right to free speech but, in his opinion, he feels that laws were broken with respect to the location and the noise created by the demonstration and asked the Village Attorney to prepare a memorandum to see who should investigate when the people who are in charge of enforcing the laws are breaking them. Trustee DiChiara said that there should be some sort of an account if any laws were broken and those who did break the laws should be held accountable.

There being no further comments to come before the Board a motion to close the meeting was made by Trustee Griffin, Jr. and seconded by Trustee Grunthal, all in favor. 9:30pm

William F. William, Village Manager and Clerk

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Public Hearing - Local Law Re: Taxi Ordinance
Regular Meeting November 21, 2005

Created by superuser. Last modified 2005-12-13 16:22:25.