Village Board Meeting - March 27, 2006

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, March 27, 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 George L. Griffin, Jr.

Trustee Peter Grunthal (arrived at 8:40 pm)

Trustee Anthony Markus

Also Present: William Williams, Village Manager/Clerk

Whitney Singleton, Village Attorney

James Palmer, Acting Village Manager/Clerk

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 Harry Marchiano who passed away last week. Mr. Marchiano was a WWII decorated Veteran with the Army Air Corps Unit and a distinguished member of the Mount Kisco American Legion Post.

1) Communications:

C. Letter from the Memorial Day Committee re: Parade request.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request of the Memorial Day Committee to hold the annual parade on Tuesday, May 30, 2006 at 7:00 pm, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

B. Letter from ASCAP re: License Agreement.

Motion made by Trustee DiChiara and seconded by Trustee Griffin, Jr., NOT to enter into an agreement with ASCAP as outlined in their letter to the Village of Mount Kisco dated March 1, 2006, all in favor.

Motion Adopted

Mayor Cindrich Nay

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

D. Letter from Allison Eckhart, Recreation Supervisor re: Baseball Opening Day Parade Request and Invitation.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr., approving the request to hold the annual Baseball Opening Day parade on Saturday, April 29, 2006 at 10:00 am and that Chief Terlizzi provide the Board of Trustees with an accounting of the overtime expenses for the day, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

A. Administer Oaths of Office for new members of the Mount Kisco Rescue Fire Police.

Mayor Cindrich administered the oath of office to Brad Scala and Lisa

Cirrincione, two new members of the Mount Kisco Rescue Fire Police.

2) Petitions: None.

3) Board, Committee and Commission Reports: None.

4) Village Manager's Reports -

A. Auditors' presentation on FY2004/05 Audit

Susan M. Barossi, Partner and John Pintos, Supervisor of O'Conner Davies Munns & Dobbins, presented to the Village Board the Village's Audit Report for year ending May 31, 2005. A copy of the report is on file in the Treasure's Office.

B. Request for an Executive Session to discuss pending litigation, personnel and real estate matters.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. 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 Griffin, Jr. Aye

Trustee Markus Aye

Trustee Grunthal arrived at 8:40 pm.

5) Board Reports

Trustee Grunthal stated that he had the pleasure of joining a dinner this evening which the Boys and Girls Club of Northern Westchester honored their “Youth of the Year”. They have a monthly competition in all the Boys and Girls Clubs of Northern Westchester as to who the “Youth of the Month” is and from those “Youths of the Month” they select some candidates. We had seven candidates who were designated to be candidates for the “Youth of the Year” position and tonight the winner and the runner up were announced. These are wonderful kids and it was a pleasure to be with them tonight.

Trustee Markus stated that the Community Relations Committee will not be meeting in April because the Chairperson Mel Berger is recovering from a hip replacement operation. However, Mr. Berger did assure him that they would have a meeting in May and at that time the Committee will discuss the Kirby Plaza issue regarding the men that are gathering there that are not being hired. The Community Relations Committee will work on some appropriate plan to encourage these individuals that are seeking employment to utilize Neighbors Link.

Trustee Griffin, Jr. had no report at this time.

Trustee DiChiara had no report at this time.

Mayor Cindrich reported that there was an assault on a Police Officer on Lexington Avenue in front of one of the local establishments. Mayor Cindrich wanted to make sure that the Village Manager and Village Attorney are working with the Police Chief to make sure that we are acting in an appropriate fashion to protect not only our Police Officers but our citizens.

Mayor Cindrich reported that there appears to be a lot of grant money floating around. A lot of applications for grants are coming due now. He wanted to make sure that the Village was taking advantage of these opportunities. One grant was the Open Space Planning Inventory and Acquisition and the other was for an Enhanced Master Plan and Zoning Incentive. He directed the Village Manager and the Assistant Village Manager to look into these grants.

Mayor Cindrich reminded Trustee DiChiara that he was going to speak to Mr. William Balter about Mark Vigliotti's request for the bridge restoration.

Mayor Cindrich reported that a small portion of Route 133 will be paved by the New York State Department of Transportation. The NYSDOT will try to conduct some of the work at night.

Mayor Cindrich stated that he had received a letter from a Mrs. Margaret Pratt of 41 Turner Lane. Mrs. Pratt was concerned about fencing along the border of Turner Lane and the Saw Mill River Parkway. Mayor Cindrich took a look at this particular concern and he felt that any fencing would be the responsibility of the New York State Department of Transportation. He requested that the Village Manager contact the NYSDOT and Mrs. Pratt regarding this issue.

Mayor Cindrich reported that he had received a Lead Agency Notice from the Planning Board regarding a proposed Lexus Dealership going in on Kisco Avenue and the Old Iron Estates proposal going in on Columbus Ave. The Village Board of Trustees had no objection with the Planning Board being Lead Agency.

Mayor Cindrich reported that there was going to be an ALS meeting this week. As with everything else in the community the price is constantly going up for the services that are rendered. The ALS is actually the paramedics who service not only this community but about 8 or 9 other municipalities and we pay into this consortium. He stated that he along with Trustee Grunthal and James Palmer will be attending the meeting scheduled for Wednesday.

Mayor Cindrich stated that the American Red Cross is again making their pitch for more assistance in fund raising and through the efforts of the Saw Mill Club and Rick Bussman, we were successful in raising $10,000 from this community for the Katrina Fund and we are working on disaster planning with the American Red Cross. They are looking forward to working with the Village in the future.

Mayor Cindrich stated that the Village has made the Highway Department a more than realistic contract offer with a significant amount of cash and some increase in benefits. What the Village Board is trying to do is control overtime to the point where it is equable for the tax payers. Unfortunately, the contract was rejected. We may post the terms of the contract on the web site so there could be a full understanding of what's going on. The Board is working diligently to try to resolve some of these issues. The Board has issues with overtime that has plagued a number of boards over the last 15 years and it is our goal to address some of those issues and it is within a small component. We have a hard working Highway Staff and the people even getting the overtime are hard working and there has to be a better way to do it and that's what we are working on.

Mayor Cindrich reported that the proposed Library Building is in the design stage and hopefully the architect will have schematics ready for bidding and approval. He attended a day long seminar on planning design and construction dealing which dealt with the Library, i.e. hiring a construction manager, over site, entering into agreements within the confines of the Wicks Laws. Along with the Buildings and Grounds Committee I think we are going to come up with a plan that will reduce our exposure and the extras and overruns. We will keep the Village and the Library Board posted on the progress of the project.

Mayor Cindrich noted that the public hearing on the 2006/2007 proposed budget has been scheduled for Monday, April 10, 2006 and he suggest if it was necessary that the public hearing be continued at the April 24^th meeting and that the Village Board vote on the adoption of the budget on May 1^st. The Village Board agreed to leave May 1, 2006 open for the adoption of the budget if necessary.

6) Old Business - None.

7) New Business

A. Resolution approving the Cyber Security Citizens' Notification Policy.

The Village Board of Trustees agreed to adopt this generic policy and if in the future the policy needed to be refined they would do so.

Village Attorney Whitney Singleton suggested that in paragraph A. the word “known” be added.

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

Written notice;

Electronic notice, provided that the person to who notice is required has expressly consented receiving notice in electronic form and a log of each notification is kept by the municipality that notifies affected persons in such form;

Telephone notification, provided that a log of each notification is kept by the municipality that notifies affected persons, or

Substitute notice, if the municipality demonstrates to the state Attorney General that the cost of providing notice would exceed $250,000 that the affected class of persons to be notified exceeds 500,000, or that the municipality does not have sufficient contact information. The following constitute sufficient substitute notice:

E-mail notice when the municipality has an e-mail address for the subject persons: Conspicuous posting of the notice on the municipality's web site page, if the municipality maintains one;

And Notification to major statewide media.

Definitions: Consumer Reporting Agency: Any person which, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to their parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The state attorney general is responsible for compiling a list of consumer reporting agencies and furnishing the list upon request to the municipality.

Data: Any information created, stored (in temporary or permanent form), filed, produced or reproduced, regardless of the form or media. Data may include, but is not limited to personally identifying information, reports, files, folders, memoranda, statements, examinations, transcripts, images, communications, electronic or hard copy.

Information: The representation of facts, concepts, or instructions in a formalized manner suitable for communication, interpretation, or processing by human or automated means.

Personal Information: Any information concerning a natural person which, because of name, number, personal mark or other identifier, can be used to identify such natural person.

Private Information: Personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:

Driver's license number or non-driver identification card number; or account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account “Private information” does not include publicly available information that is lawfully made available to the general public from federal, state or local government records.

Third Party: Any non-municipal employee such as a contractor, vendor, consultant, intern, other municipality, etc.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution authorizing the Village Attorney to execute settlement agreement with Westchester Disabled on the Move.

The following resolution was made by Trustee Markus and seconded by Trustee Grunthal authorizing the Village Attorney to execute the settlement agreement in the matter of Westchester Disabled on the Move, et. al. v. The County of Westchester, et. al.

Whereas, the County of Westchester and every municipality with the County was sued by various individuals and organizations for allegedly violating federal and state laws relative to accessibility to participation in the voting process; and

Whereas, this action will be discontinued with prejudice against all municipal defendants without any payment of damages, costs or attorney fees;

Now, therefore be it resolved, the Office of the Village Attorney is authorized to execute the attached settlement on behalf of the Village/Town of Mount Kisco., all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution scheduling a public hearing for amendments to the Taxi Law.

The following resolution was made by Mayor Cindrich and seconded by Trustee Markus scheduling a public hearing to discuss minor amendments to the Taxi Law for Monday, April 24, 2006 at 7:30 pm to be held in the Frank J. DiMicco Board Room in Village Hall, 104 Main Street, Mount Kisco, NY, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich requested that the proposed amendments to the Taxi Law be posted on the website and distributed to the interested parties so this could be adopted in a timely fashion.

8) Bills -

Village Manager Williams stated that after a discussion today with David Weiss, of Chas Sells Engineering, the payments to Burtis Construction Co. Inc. for the Green Street Bridge project should be held for further review.

Trustee Grunthal questioned the two (2) payments to W.C.W for motorcycle Repairs I and II.

Thomas Warren, Treasurer will look into these invoices and get back to the Village Board. These payments will be held for further review.

Mayor Cindrich requested that the Village Treasurer write a letter to the New York State Attorney General's Office requesting their opinion on purchasing merchandise from a local vendor whom is a member of the Village Board.

Resolution to Approve Bills

The following resolution was offered by Trustee DiChiara and seconded by Trustee Griffin, Jr.

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

General Fund $205,201.67

General Fund Claims $198,700.50

Water Fund Claims 6,167.10

Sewer Fund Claims 52.44

Library Fund Claims 281.63

Senior Nutrition Program 5,083.77

Water and Sewer Funds 52,409.14

Water Fund Claims 49,580.18

Sewer Fund Claims 2,828.96

Library Fund 3,621.03

Capital Projects Fund 224,385.73

Trust in Agency Fund 9,227.32

____________

TOTAL $499,928.66

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 DiChiara and seconded by Trustee Markus hereby approving the Regular Meeting Minutes of March 13, 2006, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. *Abstain

Trustee Grunthal Aye

Trustee Markus Aye

*Trustee Griffin, Jr. was absent at the 3/13/06 meeting and therefore could not vote on this matter.

10) Non-Local Business - None.

11) Public Comment -

Mr. Isidoro Albanese, Owner of Bellizzi Restaurant; 153 Main Street referred to the Village Board dated March 22, 2006. He submitted to the Board of Trustees some pictures and a letter from Father Clark of the St. Francis of Assisi Church support what they do at Bellizzi. He has owned Bellizzi Food Family and Fun for 15 years. “Fun” always included music and over these past years we had always have entertainment, i.e. clowns, children's guitarist, magicians and we always thought that it was legal, now I find out that if I have somebody come in for family night to play it's not really legal because we have a wine license and that hurts our business. One of the new things he started was late night with Bellizzi and that came about to try to generate more business to off set the high costs of insurance and rent increases if not they will be forced to move out of Mount Kisco or find another location. Late Night at Bellizzi was done as a test to see if there is a market out there for it and there is. It gives the older customers a place to go to after the movies instead of going to the diner. They do Family Night once a month.

Whitney Singleton stated that you can't have a place of a public gathering, service of alcohol and the providing of live entertainment of any sort.

Mayor Cindrich stated that under the criteria of the day time hours and the early evening hours, would not be an issue for Bellizzi to fit the criteria for cabaret. The issue the Board is going to have to struggle with now is the time, because with a full cabaret license you have to meet the time component and the distance which is minimal. Let us look at it and we'll work through the process.

Trustee Griffin, Jr. stated that the Village has a Cabaret Law, and we really have to maintain it and enforce it, that's the purpose of it. Now in Mr. Albanese's instance regretfully by a few feet he falls into the proximity of a religious establishment, which is one issue but a more critical issue would be the time. We know you're a good business in town and the Board is not looking to hurt him and if we can do something we'll have the attorney look at it.

Mr. Albanese replied that he would still take the limited cabaret license so he could still do everything else. From the front door of Bellizzi's Restaurant to the front door of the Church they would meet the limited license; however the measurement was off by 22 feet because it was measured from the front door of Bellizzi's Restaurant to the basement door of the church.

Trustee DiChiara stated that in Father Clark's letter he was giving approval based upon the hours of operation Mr. Albanese specified and the current ownership and management of the restaurant. But if Mr. Albanese is not there and someone else is there and they take advantage of a loop hole in the law the Village couldn't defend that.

Mr. Albanese replied that he thought every license was revocable and if they didn't comply with the law the license would be taken away.

Mayor Cindrich requested that the Building Inspector and/or the Village Manager provide the Board with the deficiencies and what items would be required as part of the appeal process. The Board would have to schedule a public hearing and go through the process. He also asked the Village Attorney to research what impact this would have on other establishments in the Village that may be more problematic.

Trustee Grunthal asked why the measurement was from the basement of the church and not the front door?

Village Attorney Whitney Singleton replied that the measurement is from the Main Street entrance of the establishment seeking the cabaret license to any entrance of the building occupying a church, synagogue, school or religious use and there happens to be a separate door to the basement of the church that is closer to Bellizzi than the main entrance of the church making the application deficient by 22 feet.

The Mayor and Board of Trustees wished Mrs. Anne Whalen a speedy recovery from her recent knee injury.

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 Griffin, Jr., all in favor.

9:35 pm.

______________________________________

William F. Williams, Village Manager and Clerk

Regular Village Board Meeting 3/27/06 1.

Created by pmaiorano. Last modified 2006-04-11 12:04:12.