Village Board Meeting, April 24, 2006

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, April 24, 2006 at 7:50 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

Trustee Anthony Markus

Also Present: William Williams, Village Manager/Clerk

Whitney Singleton, Village Attorney

James Palmer, Assistant Village Manager

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 and to keep in our thoughts all the men and women that are deployed in the Middle East.

Public Hearing on the Proposed Amendments to the Taxi Cab Ordinance.

Mayor Cindrich noted that the affidavits attesting to the publication of the hearing were available for inspection at the Village Manager's desk.

Village Attorney Whitney Singleton stated that not to long ago the Village Board adopted after much work a comprehensive revision to local law governing the operation of taxi cabs both the licensing of the vehicles and the drivers. In its review the Division of Criminal Justice Services identified a couple of issues that needed to be readdressed by the Village Board they are primarily related to the use and dissemination of information that is obtained during background checks of applicants. As a result of that review modifications have been proposed and those changes are embodied in the proposed regulation before the Board tonight. In summary they are clarifying the fees that we are collecting for the purposes of finger printing are in fact being forwarded to DCJS. Also we previously referred to section 98-7 as “Conviction Records Checks; Fingerprints”. DCJS prefers it to read as “Criminal History and Vehicle and Traffic Law Checks”. Finally, the Village of Mount Kisco will have to enter into a Use and Dissemination Agreement with the Division of Criminal Justice Services as the Village Clerk will be making determinations on the application and we currently do not have an agreement with them. The Police Department has an agreement with DCJS, but the Village does not directly. The Division of Criminal Justice Services wants to make sure that the disseminating information that the Village Manager will in fact agree to abide by the restrictions imposed in that agreement. As soon as the Village adopts this law, DCJS will forward a Use and Dissemination Agreement for execution by the Village Manager.

Mayor Cindrich asked if it would stream line the procedure if the criminal histories were confined to the Chief of Police as opposed to outside the Police Department.

Village Attorney Singleton replied absolutely not as a matter of fact the Police Department can still do the submission of finger prints, just any information that is shared as a result of that search, has to subject themselves to the terms of the Use of Dissemination Agreement. It is not going to affect the process at all it's simply going to subject the Village Manager to certain conditions for reviewing that material.

Trustee Griffin, Jr. noted that the other changes in the proposed local law were just a matter of wording.

Village Attorney Singleton noted that the other change was in 98-7 B(6) which had been slightly modified to afford the Village Manager or the Licensing Official a period of time within which they could conduct further investigations on where there are allegations of criminal misconduct.

Mayor Cindrich asked if there were any comments from the public. There were none.

The following motion was offered by Mayor Cindrich and seconded by Trustee DiChiara to close the public hearing on the proposed Amendments to the Taxi Cab Law, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Public Hearing on the Proposed Storm Water Management Proposed Local Law.

Village Manager William Williams noted that Assistant Village Manager Jim Palmer has been attending the Storm Water Management meetings and he reported that there are many changes in the regulations. Mr. Michael Ritchie of Dolph Rotfeld Engineering, the Village's Engineering Consultants was advising that the Village Board put the current draft legislation on hold until such time as the revisions are finalized by the DEC.

Assistant Village Manager Jim Palmer stated that at the last public hearing we talked about the DEC's new enhanced modifications. Since the DEC is still in the process of developing a new draft model law which includes these new enhanced modifications it is the recommendation of our consulting engineer to close the public hearing. When a revised Model Local Law for Stormwater Management and Erosion & Sediment Control is available we will scheduled another public hearing.

Mayor Cindrich noted that the Village of Mount Kisco is in Year 3 of this process and that legislation including the enhanced requirements need to be in place by the end of Year 5. It is expected that the final draft of these enhanced requirements will be finalized by the end of this year or in early 2007.

The following motion was offered by Mayor Cindrich and seconded by Trustee DiChiara to close the public hearing on the proposed Storm Water Management Proposed Local Law, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

REGULAR BOARD MEETING

1) Communications:

A. Letter from the American Legion Auxiliary re: Poppy Month.

Mayor Cindrich read the letter from Fran Hall, Secretary - Moses Taylor Junior American Legion Auxiliary dated April 10, 2006.

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus approving the request of the American Legion Auxiliary to offer Memorial Poppies in the Village of Mount Kisco during the month of May, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Letter from the Mount Kisco Volunteer Ambulance Corps, Inc. regarding the relocation of a new generator.

The Village Board of Trustees requested that the letter from the Mount Kisco Volunteer Ambulance Corps, Inc. dated April 18, 2006 be forwarded to the Planning Board, the Building Inspector and the Fire Chief of the Independent Fire House for their review and comment.

2) Petitions: None.

3) Board, Committee and Commission Reports:

A. Beautification Committee Clean Up Program Schedule.

Carol Welch, Chairperson of the Beautification Committee stated that the Beautification Committee is conducting it annual spring clean-up campaign during the month of May. Mrs. Welch noted that the entire list of designated clean-up areas are available on Cable Channel 21. She urged residents to participate in the Spring Clean-Up effort and to call Joan Stewart and select an area to clean. The goal was to have the Village litter free for the annual Memorial Day Parade on May 30^th.

Mayor Cindrich thanked the Beautification Committee for all their efforts and hard work.

B. Resolution of the Fire Commissioners relative to the appointment of Fire Chiefs.

Resolution Election of Fire Chiefs

Whereas, George Rubin Jr. Secretary of the Convention for Nomination of Fire Chiefs, has reported the following members of the Mount Kisco Fire Department:

Richard Hardy, Jr.

Alfredo Bueti

Michael Boles

Thomas Jackson

Are duly certified to hold the office of Fire Chief or Assistant Fire Chief in accordance with the convention of the Mount Kisco Fire Department.

Whereas, George Rubin, Jr. Secretary of the Convention for the Nomination of Fire Chiefs, did file affidavit of the results of the Convention of Fire Chiefs with the Clerk of the Village/Town of Mount Kisco, New York and; The Board of Fire Commissioners.

Whereas, said affidavit certifies that the aforementioned members of the Mount Kisco Fire Department have been nominated by the Convention.

Now, Be It Resolved, that the Board of Fire Commissioners of the Village/Town of Mount Kisco, New York, do hereby accept and approve the results of the Convention for the Nomination of Fire Chiefs, and also;

Be It Further Resolved, that the following appointments to the Board of Fire Chiefs are duly approved for a term of one year, effective April 17, 2006.

Richard Hardy, Jr. - Chief of Department

Alfredo Bueti - First Assistant Chief

Michael Boles - Second Assistant Chief

Thomas Jackson - Third Assistant Chief

Motion by: John Yantos

Seconded by: John A. Marshall, III

All Members voting aye, Attending Commissioners, Raymond Zaccari, John Yantos, John A. Marshall, III and Edward F. Clark, Sr.

4) Village Manager's Reports -

A. Level of Byram Lake.

Mr. Williams, Village Manager advised that the level of Byram Lake is at 99.8%.

Village Manager Williams thanked Assistant Village Manager Palmer for looking over the facilities over the weekend and taking the time to review them during flood conditions.

Mayor Cindrich reminded the Village Board of Trustees that there will be a New York State Department of Transportation meeting this Wednesday, April 26, 2006 at 10:00 am and he urged the Board to try to attend this meeting.

5) Board Reports

Trustee Griffin, Jr. noted that he was had been deemed the Village Board Member appointed to the Memorial Day Parade Committee. He reminded residents that the parade was going to be held on Tuesday, May 30^th and the parade line-up will begin at 6:30pm and the parade starts at 7:00 pm. He noted that there was going to be a guest speaker; four bands, an essay contest. He encouraged residents to come out and participate in the Memorial Day Parade.

Mayor Cindrich stated that in a successful lease deal with a local restaurant the former Ambulance Corps building which the Village of Mount Kisco owns has been converted to Mario's Pizzeria Restaurant. The old Ambulance Corps building has been converted to an efficient and beautiful use of space. He was very proud of this rental because it took an idle vacant building and turned it into an income generator which benefited all the residents of the Village.

Mayor Cindrich congratulated the Mount Kisco Lions Club on celebrating its 80^th Anniversary this year and he noted that our Assistant Village Manager Jim Palmer will be making a presentation on May 6^th at a local restaurant. Mayor Cindrich suggested that perhaps Mr. Palmer could make a presentation to the Village Board of Trustees at a future meeting.

6) Old Business -

A. Action regarding amendments to the Taxi Cab Law.

The following resolution was made by Trustee Markus and seconded by Trustee Grunthal adopting the amendments to the Taxi Cab Law, all in favor

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Appointment to the Leonard Park Committee.

The following resolution was made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing William P. Hegan to the Leonard Park Committee for a five (5) year term to expire on 12/5/2011, all in favor

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Resolution approving the Advance Life Support Apportionment Methodology.

Assistant Village Manager Jim Palmer stated that at the March 29, 2006 meeting of the Westchester EMS the consortium of participating towns agreed to apportion future annual costs of the ALS program based on the following four criteria; full value, square miles, population and average call volume. The provider of the ALS service Starnet Emergency Services, has requested that all the participating towns formally approve the new allocation methodology. While Mount Kisco's share in 2006 is $110,891 or 7.8% of the total cost, the new allocation would result in an increase of approximately .5% or $7,304. The new apportionment structure will be used for the 2007 budget which will be presented this fall.

The following resolution was made by Trustee Grunthal and seconded by Trustee Markus approving the methodology for the Advance Life Support Apportionment, all in favor

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

This item was tabled at this time.

Mayor Cindrich read the following Arbor Day Proclamation.

Arbor Day Proclamation

Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and

Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and

Whereas, Arbor Day is now observed throughout the nation and the world, and

Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife, and

Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and

Whereas, trees in our Village/Town increase property values, enhance the economic vitality of business areas, and beautify our community, and

Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal,

Now, Therefore, I, J. Michael Cindrich, Mayor of the Village/Town of Mount Kisco, do hereby proclaim April 28, 2006 as Arbor Day in the Village/Town of Mount Kisco and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and

Further, I urge all citizens to plant trees to gladden the heart and promote the well being of this and future generations.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution authorizing the East of Hudson Water Quality Improvement Fund Application.

Assistant Village Manager James Palmer stated that the application would complete various extensions to the existing sewerage collection system to serve areas with concentrations of failing or soon to be failing Subsurface Sewage Treatment Systems (SSTS). The Village's previous application for expansion of the existing overflow basin at the Mount Kisco Pump Station was not considered eligible for funding under this program. Since applications need to be submitted by July and must first be approved by the Northern Westchester Watershed Committee before going to various County agencies for review, the Village needs to submit the application as soon as possible. Once our application has been submitted we can once again begin canvassing the affected areas to determine which streets will be served by the sewer extensions.

The following resolution was made by Mayor Cindrich and seconded by Trustee Griffin, Jr. authorizing the East of Hudson Water Quality Improvement Fund Application, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The following resolution was made by Mayor Cindrich and seconded by Trustee Markus supporting full funding levels for the Westchester County Community Block Grant Program.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Nay

Trustee Griffin, Jr. Aye

Trustee Markus Aye

WHEREAS, the Community Development Block Grant (CDBG) program was enacted as the centerpiece of the Housing and Community Development Act of 1974 with the primary objective to develop viable urban communities in partnership among the federal, state and local governments, business, and the nonprofit sector, "by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income;" and

WHEREAS, CDBG funded activities must fall under three national objectives, the elimination of slums and blight; addressing urgent needs that pose an immediate threat to the health, safety, and public welfare of a community; and addressing the needs of low and moderate income persons with at least 70 percent of CDBG funding; and

WHEREAS, under these guidelines, Westchester County uses CDBG funds to eliminate slums and blight; conserve and expand housing stock; conserve energy; preserve properties of historic value; reduce isolation of income groups within communities; revitalize deteriorating neighborhoods; improve the provision of community services; promote economic development; and encourage more rational use of land and natural resources; and

WHEREAS, a 2001 report published by the Brookings Institution notes that suburban communities house much of the nation's working families and don't have the funding they need to manage older infrastructure and the cost of rebuilding and depend heavily on residential taxes to fund basic services. Further, high-cost counties like Westchester have extreme gaps between rich and poor. Workers such as teachers, firefighters, hotel workers and other service personnel - the core people each community needs - can't find affordable housing. Neither can immigrants who are attracted to thriving areas where the jobs are; and

WHEREAS, CDBG program funds have been used to help provide relief in disasters such as the Katrina, Rita and Wilma Hurricanes when Congress appropriated $11.5 billion in CDBG funds for the recovery of Louisiana, Mississippi, Alabama, and Texas. The $3.483 billion in CDBG funds appropriated to help New York City recover from the September 11^th tragedy continues to play a critical role in the City's restoration; and

WHEREAS, the success of the CDBG program has been well documented as a stabilizing force in our cities, towns and villages and the need for funding has increased as our municipalities face rising federal and state costs and taxes and a shortage in housing stock considered "affordable," yet, since 2001, CDBG funding has declined steadily from $4.41 billion nationally to $3.71 billion and is threatened with a further reduction of 25 to 33 percent in the FY2007 budget; and

WHEREAS, A national survey on the impact of prior reductions in CDBG funding reports a substantial negative effect on homeownership, local economy growth and the strength of the nation's infrastructure. It is alarming to contemplate the projections: fewer jobs retained and created; fewer households assisted with homebuyer assistance; fewer services for elderly persons, children and youth, persons with special needs and low-and-moderate-income persons; reductions in housing rehabilitation; canceled or delayed public improvements including street and sidewalk improvements, community and neighborhood centers and health and recreational facilities; now therefore be it

RESOLVED, that the Village/Town of Mount Kisco joins such CDBG Coalition members as the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and many others, in strongly urging Congress to fund the CDBG program to at least the $4.5 billion level in the FY2007 budget; and be it further

RESOLVED, that the Village/Town of Mount Kisco strongly urges that funding of CDBG not have a negative impact on other HUD programs that critically impact our communities; and be it further

RESOLVED, that copies of this resolution be transmitted to our federal representatives and the Westchester County Executive so that the intent of this honorable board be known.

F. Resolution authorizing the Village Manager to sign the 2006 Justice Court Grant.

The following resolution was made by Mayor Cindrich and seconded by Trustee Markus authorizing the Village Manager to sign the 2006 Justice Court Grant.

Be it resolved that the Village Board of Trustees of the Village/Town of Mount Kisco authorized the Village Manager to sign the 2006 Justice Court Assistance Program Grant Application. The Justice Court grant application is for adding security measures to the Court Room, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

G. Appointment to the Zoning Board of Appeals.

The following resolution was made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Michael Zucker to the Zoning Board of Appeals for a three (3) year term (Full Membership) to expire on 12/5/2011, all in favor

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills -

Resolution to Approve Bills

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

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

General Fund $149,341.77

General Fund Claims $127,644.23

Water Fund Claims 13,487.17

Sewer Fund Claims 5,857.72

Library Fund Claims 2,352.65

Senior Nutrition Program 4,272.15

Water and Sewer Funds 53,199.78

Water Fund Claims 31,418.45

Sewer Fund Claims 21,781.33

Library Fund 7,381.23

Capital Projects Fund 53,005.50

Trust in Agency Fund 4,308.68

____________

TOTAL $271,509.11

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 Public Hearing and Regular Meeting Minutes of April 10, 2006, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara *Abstain

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

*Trustee DiChiara was absent at the 4/10/06 meeting and therefore could not vote on this matter.

Schedule a Work Session to discuss the Proposed 2006/07 Fiscal Budget.

Motion made by Trustee Markus and seconded by Mayor Cindrich scheduling a Work Session immediately following the evening's Regular Meeting to discuss the Proposed 2006/07 Fiscal Budget, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Schedule an Executive Session to discuss pending litigation and personnel matters.

Motion made by Trustee Markus and seconded by Mayor Cindrich scheduling an Executive Session immediately following the evening's Regular Meeting to discuss pending litigation and personnel matters, all in favor.

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 -

Mr. Giardina stated that quite a number of years ago Kiscona Road was rezoned from residential to service commercial. Even though it was rezoned there was no rush to change the environment there. Recently, there has been some signs of change on Kiscona Road a couple of properties have been sold on the westerly side. The easterly part of Kiscona Road has not changed it is purely residential. He noted that it was an extremely steep hill and it was very narrow and dangerous in the winter time. What he would like the Board to consider was increasing the “No Thru Truck Restricts” to a point where a weight limit could be put on it so that lighter trucks (i.e. Pick-ups and vans) could use the street, but any heavy construction equipment would have to use other ways to get to the westerly part of Kiscona Road. Maybe some coordination with both the Planning Board and Zoning Board as to the concerns of the residential owners and residents in that area.

Mayor Cindrich agreed with Mr. Giardina that on residential street there shouldn't be any commercial traffic. However, Kiscona Road was zoned for commercial use and the “No Thru Truck Restrictions” would be impossible to enforce. However, the Board will take his request under advisement.

Mrs. Joyce Wall expressed concern about the increasing high volume of speeding traffic coming off the Saw Mill River Parkway on to Croton Avenue and requested that the Police Department conduct more speed enforcement patrols of the area.

Mayor Cindrich stated that he would speak with the Chief of Police about this.

There being no further business to come before the Board a motion to close the meeting at 9:15 pm was made by Mayor Cindrich and seconded by Trustee Griffin, Jr., all in favor.

______________________________________

William F. Williams, Village Manager and Clerk

Public Hearing and Regular Village Board Meeting 4/24/06 1.

Created by pmaiorano. Last modified 2006-05-09 12:00:45.