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Village Board Minutes - December 5, 2005
Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, December 5, 2005 at 9:00p.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
Trustee Peter Grunthal
Also Present: William Williams, Village Manager/Clerk
James Palmer, Assistant Village Manager
Whitney Singleton, Village Attorney
1) Communications:
A. Letter from Karen Schleimer resigning from the Zoning Board of Appeals effective December 5, 2005.
B. Resolution Approving Request from Independent Fire Company
Motion made by Mayor Cindrich and seconded by Trustee Grunthal approving the request from the Independent Fire Company to replace the sidewalk and entry patio in front of the fire house with brick pavers (memorial bricks), all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Trustee Grunthal said that we should take into account that Lexington Avenue, which is a County Road, could come under repair or some kind of situation that may involve taking up the sidewalks. Trustee Grunthal said that they should not do this magnificent project and then find that it may be torn up.
Mayor Cindrich asked that the Independent Fire Company be made aware that Lexington Avenue may be up for rehab shortly and to get the plans from the County for them.
C. Letter from Chabad Lubavitch of Westchester County
Mayor Cindrich asked Mr. Williams to contact Chabad Lubavitch of Westchester County to thank them for their request, but that we have a local synagogue who has requested to put up a Menorah and perform the lighting ceremony.
2) Petitions: None
3) Board, Committee and Commission Reports: None
4) Village Manager's Reports -
A. Letter of Byram Lake
Mr. Williams advised that Byram Lake was at 101.7%
B. Application from Diamond Properties, LLC - 333 North Bedford Road
Letter from Joseph Cosentino, Planning Board Chairman, dated November 14, 2005 advising that Diamond Properties, LLC has submitted a Site Plan that incorporates proposals to construct an athletic field for Village use, to lease storage space in the existing building and to apply and pay for traffic signalization.
Village Attorney, Whitney Singleton, advised that at the December 2, 2005 Planning Board meeting a Wetlands Permit was issued with certain conditions for the former Grand Union Property. Mr. Singleton said that one of the requirements was that a Performance Bond be submitted or other similar security to insure the full completion of their approval. Mr. Singleton said to insure that the necessary actions are taken to prevent the flooding, the Planning Board required that a Performance Bond be filed and because of the limited nature of the work and the dollar value it was felt that it would be easier to deposit the $54,000 with the Village. Mr. Singleton said that because there are certain requirements that might cause this money to be invaded by the Village, it was prudent to enter into an agreement and since the Planning Board does not have the authority to enter into agreements of this nature, Mr. Singleton asked that the Village Board authorize the Mayor to sign this agreement so that the Village Treasurer can hold the money. Mr. Singleton said that it will get reduced after the work is done to 10% of its original amount as a Maintenance Bond. Mr. Singleton said that there is a time element because there is a major flooding problem and they would like to start to undertake this work as soon as possible.
Trustee Griffin, Jr. asked if the water tower will be a separate issue?
Mr. Singleton said that he believes that the water tower will be separate and will be part of the site plan review process which is still ongoing.
Resolution Approving Maintenance Bond
Motion made by Trustee DiChiara and seconded by Trustee Griffin, Jr. approving the Bond in the form of cash in the amount of $54,000, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Mayor Cindrich said that he met with the Diamond Group and expressed his concerns with respect to how the Village would like this property developed and the issues relating to traffic. Mayor Cindrich said that the Diamond Group was very responsive to his concerns and in turn they asked "what they can do for the Village". Mayor Cindrich said that he came up with a few suggestions to include additional recreation facilities and storage space. Mayor Cindrich advised that in turn they offered to clean up the right-of-way on Icehouse Road which currently looks like a blighted area, signalize the inter-section at Icehouse Road and the Brookside Condominium entrance and remove the water tower since it is in such disrepair and is an eyesore to the Village. Mayor Cindrich said that they are currently going through an extensive Planning Board review but before they even received their approvals, they have made an overture to do something good for the Village. Mayor Cindrich said that he is very pleased to be a part of this negotiation and looks forward to a long term relationship with Diamond Properties.
C. Village Board Meeting Schedule
Tuesday, January 3rd and January 17th, Monday February 13, 27, March 13, 27, and April 10 and 24.
D. Resolution Scheduling an Executive Session
Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. scheduling an Executive Session following the Regular Meeting this evening to discuss pending litigation, 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
E. Resolution Scheduling a Work Session
Motion made by Mayor Cindrich and seconded by Trustee Markus scheduling a Work Session for Wednesday, December 7, 2005 at 7:00pm with the Library Board pertaining to the recent Bond Approval, followed by an Executive Session for the purpose of interviewing Police Candidates and other contractual matters, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
5) Mayor's Reports
Trustee Markus advised that the Homeless Project has been quite successful taking care of 10-15 individuals on a nightly basis. Trustee Markus said that the Police Department has been very helpful in assisting in this project by communicating the pick up times and locations of the van which transports the individuals to the respective synagogues and churches. Trustee Markus advised that the individuals are also getting assistance from Open Door Medical for medical and social services.
Mayor Cindrich said that this is a multi-jurisdictional project that encompasses communities from as far as Lewisboro; it is strictly volunteer and is very successful.
Trustee Griffin, Jr. advised that the Mutual Fire House needs a new oil tank that the Buildings and Grounds Committee is currently pricing, Recreation is in need of a new heating unit in the garage and have received a price of $3,200 and with the help of Joseph Costentino and recreation staff installation will be approximately $1,400. Buildings and Grounds will be getting prices to repave parts or all of Leonard Park which is in ill-repair. Trustee Griffin, Jr. said that they remediated some leaks at the Sewer Plant Roof.
Mayor Cindrich said that the Tree Lighting was very successful and thanked Bill Williams and Jim Palmer for their coordination, Chamber of Commerce, American Legion and Holiday Inn for helping to fund the refreshments, Nancy Hack and Linda Cindrich for leading the singing, it was a great time for all. Mayor Cindrich commended the Highway Department for the leaf pick-up which was a chore this year because of the weather problems and all the leaves coming suddenly.
Mayor Cindrich said that there is a controversy going on in the Village regarding water bills. Mayor Cindrich said that water is very expensive because of mandates put upon by our government for us to provide filtered water to our consumers. Mayor Cindrich said that it is important to conserve and to make sure you do not have any leaks in your home to try to reduce usage.
Trustee Griffin, Jr. said that he recently read that a community in Hamden, Connecticut just completed their water treatment plant at a cost of $60 million dollar.
6) Old Business
A. Resolution Appointing to the Byram Lake Committee
Motion made by Mayor Cindrich and seconded by Trustee Grunthal appointing Robert Risley to the Byram Lake Committee for a three (3) year term to expire on December 1, 2008, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
B. Local Law Chapter 98 Taxicabs.
Trustee Grunthal suggested a change in Section 98-20-B to read "Professional Grade Lettering" or something to that effect to make sure that the lettering on the Taxicab is not hand painted but rather legible lettering.
After further discussion by the Board, the Board agreed to insert the wording "of Professional Quality"
Mr. Pedro from Ernie's Taxi directed the Board to Section 98-10-H and said that he is a little bit worried about what type of insurance.
Trustee Griffin, Jr. said that at the last meeting the Board concurred on the New York State minimum of $25,000.
Mr. Pedro said that this covers the passengers but thought that the Village should be paying attention to the Workers Compensation Insurance for the driver of the vehicle.
Mr. Singleton said that this is not an issue that the Village should get involved in but rather up to the individual Taxicab Company.
Mayor Cindrich said that he wants to make sure that the Village of Mount Kisco is indemnified so the Village is not liable in any issue.
Trustee Markus said that if someone sues the Village $25,000 in liability is nothing.
Trustee Griffin, Jr. said that even if you had $100,000 if someone sues the Village it could be in the millions.
Mayor Cindrich said that if you read the County laws, they require a million dollars in insurance.
Mr. Singleton said that this seems to be an issue that we did not want to tread into.
Trustee Markus said that he remembers that it was Mr. Singleton's opinion that the Village of Mount Kisco is not liable but it didn't mean that we could not be sued.
Mr. Singleton said that he didn't think there was anything in this industry that would create liability for us as far as an accident, damage or injury to anyone in the public. Mr. Singleton said that the Village cannot be indemnified.
Mayor Cindrich suggested that the Board adopt this Local Law and not change anything on this insurance, but requested that when this is filed the adopted form be sent to our insurance carrier for their review and if there are any modifications necessary then we will revisit at that time.
Mr. Killian of Kisco Cab asked that the fees be pro-rated because if he hires someone in February, they have to pay the full amount even though it is only for one month.
Mayor Cindrich stated that the Village still has to go through the same time, effort and expense to do the necessary investigations and inspection even if it is for one month. Mayor Cindrich said that this is the standard in any municipality for any type of licenses or fees.
Resolution Adopting a Local Law Amending Chapter 98 - Taxicabs
Motion made by Trustee Grunthal and seconded by Trustee Markus hereby approving a Local Law Amending Chapter 98 entitled Taxicabs, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
7) New Business
Resolution Appointing to the Byram Lake Committee
Motion made by Mayor Cindrich and seconded by Trustee Grunthal hereby approving the appointment of Melissa Beristain to the Byram Lake Committee for a three year term, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution Appointing to the Board of Ethics
Motion made by Mayor Cindrich and seconded by Trustee DiChiara hereby approving the appointment of John Piazza to the Board of Ethics for a three year term, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution Appointing to the Planning Board
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. hereby approving the appointment of Joseph Morreale, Stanley Bernstein, and Sol Gibbons to the Planning Board for a three year term, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution Appointing to the Recreation Commission
Motion made by Trustee DiChiara and seconded by Trustee Markus hereby approving the appointment of Linda Cindrich to the Recreation Commission for a three year term.
Motion Adopted
Mayor Cindrich Abstain
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution Appointing to the Tree Preservation Board
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. hereby approving the appointment of Karen Mango to the Tree Preservation Board for a three year term, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution Appointing to the Zoning Board of Appeals
Motion made by Mayor Cindrich and seconded by Trustee Markus hereby approving the appointment of Donald Rose to the Zoning Board of Appeals for a five year term, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution Appointing to the Community Relations Committee
Motion made Mayor Cindrich and seconded by Trustee Markus hereby approving the appointment of Anthony Pieragostini, J. Perry Wooten, Julia Jefferson to the Community Relations Committee, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution Appointing to the Landmark & Historical Preservation Commission
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. hereby approving the appointment of Anthony Pieragostini and Antoinette Whalen to the Landmark & Historical Preservation Commission, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
8) Bills -
Board requested that checks to Mackenzie Electric Contractors be held for further review.
The following motion was offered by Trustee DiChiara and seconded by Trustee Markus to pay the bills, all in favor.
General Fund $991,483.65
General Fund Claims $868,573.34
Water Fund Claims 67,871.07
Sewer Fund Claims 13,564.46
Library Fund Claims 41,474.78
Senior Nutrition Fund 9,521.00
Senior Nutrition Claims 7,420.56
Trust & Agency Claims 2,100.44
Water and Sewer Fund 186,744.83
Water Fund Claims 182,293.60
Sewer Fund Claims 4,451.23
Library Fund 2,105.98
Capital Projects Fund 270.00
Trust in Agency Fund 55,132.00
TOTAL $1,245,257.46
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
9) Approval of Minutes -
Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. hereby approving the following minutes:
November 21, 2005 Public Hearing and Regular Board Meeting
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 - None
Anthony Sturniolo and Joseph Cosentino, Vice Chairs for the Planning Board thanked Mayor Cindrich, Trustees Markus, Griffin, Jr. and Grunthal for their support.
Mayor Cindrich requested that the Library project go to the Architectural Review Board and the Planning Board for a review even though municipal projects are exempt from these types of submittals.
There being no further business to come before the Board a motion to close the meeting was made by Trustee Griffin, Jr. and seconded by Trustee DiChiara, all in favor.
9:40pm.
__________________________
William F. Williams
Village Clerk
1
Regular Meeting December 5, 2005
Created by superuser. Last modified 2006-02-02 11:41:16.