Village Board Meeting - March 13, 2006

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, March 13, 2006 at 7:30 p.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 Peter Grunthal

Trustee Anthony Markus

Also Present: William Williams, Village Manager/Clerk

Whitney Singleton, Village Attorney

James Palmer, Acting Village Manager/Clerk

Absent: Trustee George L. Griffin, Jr.

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 all the people of Mount Kisco. He also asked that we remember in our prayers for the family of Rose Fazzinga Malsbury who passed away earlier this week.

Mayor Cindrich presented a Certificate of Appreciation to Jennifer Lewis Catalanello, Class of 1986 - The Academy of Our Lady of Good Counsel. The certificate was presented to Ms. Catalanello in grateful appreciation for her outstanding contributions and service to the Mount Kisco Public Library and its residents as Library Trustees.

1) Communications:

A. Letter from Working Families Party re: canvassing request.

The following motion was offered by Mayor Cindrich and seconded by Trustee Markus.

- That they conclude canvassing at 8:00 pm.

Failure to comply with this request will jeopardize future approvals.

- That the canvassing be limited to a two (2) week period of their choice.

- That no canvassing be done at all on Sundays.

They also asked that representative's check in with the front desk in the Mount Kisco Police Department prior to their door-to-door canvassing for each day, and that canvassers display a photo identifying badge while soliciting.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Letter from Sprint Nextel re: proposal to lease PCS Facility at 104 Main Street.

Mayor Cindrich stated that he asked that this be resurrected and we revisit this item because the revenue is something that the Village could use. Part of this building is in disrepair and he would like to see it repaired.

Mr. Kevin Malady from Sprint gave an over view of the proposal. Sprint would like to once again propose leasing space at the municipal building for its facility. Sprint would lease approximately 200 square feet in the basement for its radio cabinets as well as space inside the existing cupola for the placement of three antennas.

Trustee Grunthal asked to what extent the antennas will be visible from the outside.

Trustee DiChiara stated that if this was going to be the same plan as before the antennas will not be visible at all. They will be on the inside of the cupola.

Mr. Malady stated that he will confirm that that is correct as the plans stand now. He stated that his expertise is limited, however he will answer everything that he can and if he can't he will certainly get the answers. The Village Board of Trustees will be involved in every step of the process in terms of the design and all the approvals going forward.

Mayor Cindrich stated that this wasn't a negotiation session. He wanted Kevin Malady to make a brief presentation and give us an overview of what's being proposed. Then he wanted to poll the Board to see if they have any interest in pursuing this. Then to alleviate any concerns that any of the employees or neighboring property owners would have the next step would be that they would meet with the people in our organization to make a genuine attempt to put aside their fears and concerns and then we would move head into a negotiation phase. The Building and Grounds Committee would also have input on this subject. What we would like to see at the end of the day is a cupola similar to as it existed when the building was constructed with the Sprint facility on the interior of the cupola.

Mr. Malady stated that these plans were from three years ago, the engineers haven't been out to look at it, but it was his understanding that this would be pretty much the same design.

Mrs. Anne Whalen stated that Village Hall was a Historic Preservation Building.

Mr. Malady stated that Sprint would be subjected to State Historic Preservation Organization approvals. They would go through all the regulatory compliance approvals prior to doing any work.

Mr. Malady gave an over view of the proposal.

Mayor Cindrich wanted to know if the Board had any interest in proceeding with this and if the Board was in favor then the doors would be open for negotiations.

Trustee DiChiara stated that he was in favor of this plan, as long as the antennas are completely hidden within the cupola. He also wanted to have a public hearing for people in the area and people working in this building so they can understand what is being done and the scientific studies.

Trustee Grunthal asked why there is a need for the antenna.

Mr. Malady replied that it was hard for him to answer that question specifically because he didn't have the technical expertise to state exactly what the needs are. His role was to develop the site to where it then becomes constructible.

Trustee Markus asked what are the safety ramifications, if any of having it located on an interior portion of a building which is being utilized by the public and employees.

Mr. Malady replied that Sprint would be more than happy to provide a health and safety report by a qualified professional prior to the meeting.

Trustee DiChiara stated that we would have a hearing on that and at that time these concerns will the discussed by an expert.

Mayor Cindrich asked that the old drawings that we have on file be forwarded to the Building and Grounds Committee to get their comments. So we can expedite a yes or no answer.

Mayor Cindrich stated that if this process didn't go through Sprint would they be relocating some where else in the Village. If we can utilize this and everyone is comfortable with it to help us with the restoration of the cupola and maybe some additional work in Village Hall it was something that he would like to entertain.

Trustee Markus asked if other carriers would be able to join on to this antenna.

Mr. Malady replied that it would depend on the design parameters.

Mayor Cindrich stated that the Village would be the controlling entity on this matter. Because there is limited amount of space in the cupola and the other issue is there is a limited resource available within the interior of the building.

The Village Board of Trustees were in favor of moving this application forward. They were looking forward to hearing this process out and meeting with the Staff in the near future to allay any of their concerns.

Mayor Cindrich requested that Sprint provide Mr. Williams and Mr. Palmer with a more detailed submission, maybe in a form of a letter exactly what is being proposed. The technical aspects of a presentation should also start to be pulled together.

2) Petitions: None.

3) Board, Committee and Commission Reports: None.

4) Village Manager's Reports -

A. Level of Byram Lake and February 2006 Pumpage Readings.

Mr. Williams, Village Manager advised that the level of Byram Lake is at 100.1%. The February 2006 Pumpage Readings were 1,415,500, solely from Byram Lake.

Month Total Rain 10.85

Month Max Level 0.42

Month Min. Level 0.10

Month Max Capacity 102.1

Month Min. Capacity 100.4

C. Green Street Bridge Update.

Mr. Williams stated that the Green Street Bridge opened in a capacity not completed yet as of March 10, 2006. The project will take several more weeks to complete, weather permitting.

D. Resolution Scheduling an Executive Session

Motion made by Trustee DiChiara and seconded by Trustee Grunthal scheduling an Executive Session immediately following this evenings Regular Meeting to discuss pending litigation, personnel and real estate matters, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports

Trustee Markus stated that he had received a letter from Senator Charles Schumer concerning a grant for Drug Free Communities Support Programs which addresses drug issues concerning adults and children. He suggested that perhaps a grant application could be applied for in conjunction with the Drug and Alcohol Abuse Prevention Council.

Trustee Markus raised the issue regarding individuals concerned about the traffic on Hillside Avenue. He asked if there has been any follow-up.

Jim Palmer, Assistant Village Manager replied that he did speak to the property owner. The property owner was going to talk to the adjoining property owners and get back to him. In the mean time he did ask the Chief of Police to also look at that area.

Mayor Cindrich requested that at the next Community Relations Committee Meeting maybe they could send something out regarding the Kirby Plaza issue. The men that are gathering there are not being hired and he has been receiving complaints. Rather than having government intervene he would like the Community Relations Committee to work on some appropriate plan to encourage these individuals that are seeking employment to utilize Neighbors Link.

Trustee Grunthal stated that the Finance Committee has completed its work on medical benefits and the costs to the community and will be making some recommendations to the Village Board in the next few weeks. The Byram Lake Committee also met and they reviewed the monitoring issues together with Blue Dot our consultants that do monitoring. They resolved a number of issues including the understandability of the numbers that are delivered to us. The Byram Lake Committee will also be reporting to the Village Board fairly shortly making some recommendations for some minor changes in the way Byram Lake is monitored.

Trustee DiChiara had no report at this time.

Mayor Cindrich reported that one of the pending litigation matters that the Board was going to be discussing in tonight's Executive Session was the Coyle Construction litigations regarding the construction of Shoppers Park, which has been going on for a number of years.

Mayor Cindrich reported that the Village of Mount Kisco had received another franchise check from Cablevision for $60,000.

Mayor Cindrich was in receipt of a letter from a landowner claiming that his water bills were extraordinary $27,559 for a period of six months. Through no fault of the Village and no dysfunction of any system that the Village owns (i.e. the meter) this is a true and accurate reading. Unfortunately, they had a malfunction of equipment inside the building and apparently they did consume all of this water. I want every home owner and business owner to spend the due diligence time to go down and look at your meter when everything in your house is shut down and make sure that the meter is not spinning. If everything is off in your house and the meter is spinning, you do have a leak. This landowner is seeking some relief from the Village of Mount Kisco for this extraordinary water bill. The matter will be turned over to the Village Attorney for review.

Mayor Cindrich stated that he had also received a letter from a homeowner who diligently shovels her sidewalk as soon as the snow stops only to have the snow from the street pushed back on her sidewalk by the snow plows working for the Village. Unfortunately, this is a phenomenon that is very difficult to control. I just want to assure the public that the Highway Workers are not doing this intentionally. They have an obligation to make the streets and parking safe. They are working long and hard hours. He suggested that residents might want to wait to shovel their sidewalks until the streets are plowed.

Mayor Cindrich announced that on March 30, 2006 the Westchester County Board of Elections will be hosting a voting machine demonstration. He recommended that the Village's Election Inspectors avail themselves to this invitation.

Mayor Cindrich stated that he had received a letter from Mark Vigliotti regarding an Eagle Scout project he had done a number of years ago. Mark Vigliotti created and restored a historical area near Lexington Avenue and Byram Lake Road. Mr. Vigliotti stated that he had met with a local builder and resident Mr. Bill Balter. Mr. Balter owns a construction firm and is a real estate developer and has offered to assist Mark Vigliotti and the community in restoring and maintaining some of the work at this Mill Street Bridge. Mayor Cindrich referred this matter to Trustee DiChiara for review and handling.

Mayor Cindrich reported that he has been meeting with the Grand Union property owners regarding the construction of a soccer field at no cost to the Village and the use of rental space at no charge to the Village for records retention storage. On a contemporary issue the storage of the goods and books that are not going to be utilized during the period that the Library is under construction at the temporary location. He thought the talks were going very well. I commend the Diamond Property Group for having this community spirit and willingness to help the Village.

Mayor Cindrich stated that he had received another letter from a young man that lived outside the Village of Mount Kisco (Keith Chasen) who is concerned about cars not yielding to pedestrians. This is a State Law that cars should yield to pedestrians. Mr. Chasen would like to see a crossing guard on Main Street, but unfortunately we do not have the budget for at the present time. Mayor Cindrich commended Keith and his family for being concerned and for his community spirit. Trustee DiChiara volunteered to answer Keith's letter.

Mayor Cindrich reported that after years of negotiations with the New York State Department of Transportation they have committed to signalizing the south bound Saw Mill Parkway intersection at Kisco Avenue. As with every thing New York State does it's a priority issue and budgetary limitations which will delay the construction of this traffic light. They anticipate that the construction will be during the 2008 season. This is still an accomplishment, because Mayor Cindrich had been pushing for this for a number of years.

Mayor Cindrich reported that the New York State Department of Transportation had completed the project of re-signalizing the intersection of 133 and Croton Avenue with crosswalk signs and more efficient computerized traffic signal. He requested that the Village Manager contact the NYSDOT Engineers again, let them know that Green Street is open, and we would like the traffic study completed for the Shoppers Park Entrance and the timing concerns on 117 and South Moger intersection. Maybe we could get another meeting together with them.

Mayor Cindrich reported that on Saturday the weather was perfect for the St. Patrick's Day parade that was held in Mount Kisco. Proclamations were issued to Mr. Richard Lange for his commitment to the Hibernians as “Friend of the Hibernians” and his day will be March 16, 2006. Owen O'Hare also honored by the Hibernians as Grand Marshal and his day will be March 18, 2006 and finally William Francis McCormack was honored as Hibernian of the Year his day will be March 17, 2006.

6) Old Business -

A. Temporary Library Space.

Mayor Cindrich reported that he had discussed with the Library Director Susan Riley the temporary location for the Library during construction. The suggested temporary location was the Maple Avenue Community Center. He also suggested that a number of parking spaces for both staff and patron parking be allocated in the lot the Village owns on Maple Avenue and the over flow of books and other related equipment/furniture be stored at the Grand Union Facility. Mayor Cindrich asked for comments from the Board.

Trustee Markus asked if the Library Board thought that this was a good idea.

Jennifer Lewis Catalanello, Library Board Trustee replied that the Library Board was in favor of this temporary location.

Trustee Grunthal stated that he liked the idea of relocating the Library to the Maple Avenue Center. However, he wanted to make sure that a circulation desk could be installed in the building that would allow people to order the books that they wanted from the Westchester Library System. Also he wanted to make sure that the entire computer operations currently in the Library would be able to be continued in the Maple Avenue Center.

Trustee Markus asked if there were any alternate spaces provide.

Mayor Cindrich replied that in his discussions with other landlords in any short term lease, between 14 and 18 months they were going to require a premium of 125% of the market rate to offset the fact that they may loose a long term tenant during that period of time. Maple Avenue Center is a cost saving mechanism.

Trustee Markus stated that he believed that the Maple Avenue Center was a good idea. It was cost efficient and also the Library Board was in favor of relocating there.

The Village Board of Trustees agreed to use the Maple Avenue Center as the temporary Library Space during construction of the new Library.

7) New Business

A. Resolution approving the 2005 Length of Service Award Program (LOSAP).

The following resolution was offered by Trustee Grunthal and seconded by Trustee DiChiara.

BE IT RESOLVED, the Board of Trustees, as sponsors of the Length of Service Award Program (LOSAP) for the Mount Kisco Volunteer Fire Department, approve the points earned by active volunteer firefighters for calendar year 2005, including credit for past qualified service, as certified by Mount Kisco Volunteer Fire Department Length of Service Award Program Committee on the attached list dated February 20, 2006, and

BE IT FURTHER RESOLVED, the Village Manager/Clerk is authorized to sign the “2005 Sponsor Authorization Form” required by Penflex.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution authorizing the Village Manager to sign the renewal contract agreement with Newport Alliance.

The following resolution was made by Trustee Markus and seconded by Trustee Grunthal authorizing the Village Manager to sign the renewal contract agreement with Newport Alliance, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills -

Mayor Cindrich asked the Village Attorney Whitney Singleton for a report on what the Arnold & Porter's invoice was for and if it was it reimbursable from NYCOM ($1,056.00).

Mr. Singleton replied that he thought the invoice was attributable to review of the report and attributable to correspondence the Village has had with Regis Industries. But that he would go back and verify specifically what it was for.

Mayor Cindrich stated that he along with the Village Manager and the Assistant Village Manager have been attending meetings with the ALS provider Star Net Emergency Services regarding the second quarter payment in the amount of $27,723.00. There is a meeting coming up in the next two weeks and either Trustee Markus and/or Trustee Grunthal would like to attend to get a feel for what was going on at these meetings. They are asking for a rate increase, we are well over $100,000 annually now to provide ALS Services to compliment the BLS Service. Assistant Village Manager James Palmer will provide Trustee Markus and Trustee Grunthal with the next ALS meeting date.

Resolution to Approve Bills

The following resolution was offered by Trustee DiChiara and seconded by Trustee Markus.

BE IT RESOLVED, the Village Treasurer is hereby authorized to release payments to the vendors and totaling as follows:

General Fund $235,371.93

General Fund Claims $215,404.65

Water Fund Claims 12,109.85

Sewer Fund Claims 5,536.74

Library Fund Claims 1,935.69

Trust Fund Claims 385.00

Senior Nutrition Program 2,376.87

Water and Sewer Funds 49,645.24

Water Fund Claims 42,900.04

Sewer Fund Claims 6,745.20

Library Fund 3,457.00

Capital Projects Fund 7,452.00

Trust in Agency Fund 25,704.23

____________

TOTAL $324,007.27

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes -

Motion made by Trustee Markus and seconded by Trustee Grunthal hereby approving the Public Hearing and Regular Meeting Minutes of February 27, 2006, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara *Abstain

Trustee Grunthal Aye

Trustee Markus Aye

Trustee DiChiara was absent at the 2/27/06 meeting and therefore could not vote on this matter.

10) Non-Local Business - None.

11) Public Comment -

Mayor Cindrich stated that the Village has had offers to purchase property that we own in the Town of Bedford that the Village of Mount Kisco currently has a soccer field on. He wanted to assure the public that we will continue to discuss this as part of negotiations in Executive Session and that there will be no transfer of ownership of this property that would reduce the availability of this soccer field, unless it is replaced and/or we could utilize it after the sale. We are going to keep our Recreation Programs in tack, if there is an offer made for the property that could benefit the community we will consider it.

Mr. Joseph Cerbone stated that on February 6^th he gave the Village Attorney of Mount Kisco 14 exhibits that he had in his file Dagostino vs. the Village of Mount Kisco. I haven't heard anything from him and all I want to know is if the exhibits I gave him are in the file or if their not. It should take 15 or 20 minutes to see it and I'm wondering when I am going to see it.

Mr. Singleton replied that he didn't think that that was an accurate statement. I talked to you about this last week.

Mr. Cerbone did not recall Mr. Singleton talking to him about this last week.

Mr. Singleton replied that he had spoken to Mr. Cerbone about this matter on the telephone.

Mr. Singleton asked Mr. Cerbone if he recalled a conversation wherein Mr. Cerbone was told that he (Mr. Singleton) had been through all the files that had been passed along to him. Mr. Singleton was able to find two of the documents Mr. Cerbone was requesting the balance of them must be up in the archives of the attic in Village Hall. Mr. Singleton stated that he spoke to Assistant Village Manager James Palmer and asked him to review the files in the attic.

Mr. Cerbone stated that Mr. Singleton told him that before he gave Mr. Singleton the 14 exhibits.

Mr. Singleton stated that he though there was a miss recollection going on between him and Mr. Cerbone.

Mr. Singleton stated that he found two of the documents and most of the other documents Mr. Cerbone was asking for are between 6-11 years old and they are not in the files that were passed along to him. So someone has to go up to the third floor in the archives and go through all the old attorney files up there and Jim Palmer is arranging for someone to do that.

Mr. Cerbone replied you mean you don't have this in a separate file.

Mr. Singleton replied no he did not.

Mayor Cindrich requested that this be done as fast as possible and in the future perhaps the telephone conversations should be memorialized with some kind of letter.

Mrs. Anne Whalen requested that a jay walking law instituted in the Village of Mount Kisco. People are walking out between cars with small children and it is very dangerous you are going 15 miles per hour and you can't stop on a dime. She would also like to see on Kisco Avenue going south bound a no turn on red.

Mayor Cindrich agreed with Mrs. Whalen's no turn on red suggestion. He noted that this item will be discussed with the New York State Department of Transportation when the meeting is scheduled.

Trustee Grunthal stated that he also has found that young mothers have taken their young children out of the cars on the street side and I would hope that mothers would take their children out on the sidewalk side not the street side. It is a very dangerous situation and he has had to stop quickly on one or two occasions.

There being no further business to come before the Board a motion to close the meeting was made by Trustee DiChiara and seconded by Trustee Markus, all in favor.

8:45 pm.

______________________________________

William F. Williams, Village Manager and Clerk

Regular Village Board Meeting 3/13/06 3.

Created by pmaiorano. Last modified 2006-03-28 10:05:52.