Village Board Meeting - May 22, 2006

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, May 22 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

Trustee Anthony Markus

Also Present: Whitney Singleton, Village Attorney

James Palmer, Acting Village Manager and 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 and to keep in our prayers the almost 2,500 men and service women that have died in battle since September 11^th and also the new born infant that was put to rest in the Village on Saturday.

Public Hearing on the Cabaret License Denial Bellizzi Family Fun Restaurant.

Whitney Singleton, Village Attorney stated that at the last meeting the Village Board asked him to look into the genesis of the origin of the language regarding the separation requirement between places to be licensed as cabarets, and schools, churches and places of religious worship. He stated that the Village's Code is almost identical to what the New York State's separation laws are with regards to liquor establishments.

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

The following motion was offered by Trustee DiChiara and seconded by Trustee Markus to close the public hearing on the Cabaret License Denial of Bellizzi Restaurant, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich stated that after doing all the research and listening to the application and coming to a complete understanding of the law. It was his opinion that Bellizzi's Restaurant runs a very community orientated business. But the fact of the matter is many boards ago and many years ago the Village did enact this cabaret license for a purpose and what we were reviewing in the subject of a public hearing was if the Village Manager acted appropriately. I have come to the conclusion that he did act appropriately and that is my finding of the facts.

The following motion was made by Mayor Cindrich and seconded by Trustee Griffin, Jr. ratify the decision of the Village Manager with regards to his denial of the cabaret license, all in favor.

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich suggested that the Village Board revisit the cabaret licensing law, but in doing so we review every cabaret, very potential cabaret, every school and every church and see what the impact would be if we reduced either the dimensions of separation or the hours of operation. In connection with that we should also review the work load of the Police Department in conjunction with establishments that serve alcoholic beverages.

Mayor Cindrich stated that there was another incident on Lexington Avenue where we lost a Police Officer to an injury because of a bar fight at 3:00 in the morning. Mayor Cindrich requested for the next meeting that the Village Attorney formulate the drafting of a letter to both the Alcohol Beverage Control people, to the Governor and also the Westchester County Executive calling for 1:00 am bar closings.

Trustee Markus suggested that the Board take a closer look at the time period for the Limited Cabaret License. He didn't think the Board would be entertaining any ideas to amend anything on the full cabaret.

REGULAR BOARD MEETING

1) Communications:

A. Letter from the Mount Kisco Fire Department re: The Annual Fire Department Inspection and Parade request.

Mayor Cindrich read the letter from the Mount Kisco Fire Department dated May 4, 2006 regarding the Annual Fire Department Parade and Inspection.

The following motion was made by Trustee Griffin, Jr. and seconded by Trustee Markus approving the request of the Mount Kisco Fire Department to hold their annual Fire Department Inspection and Parade on Friday, July 14, 2006 at 6:00 pm, and that the Chief of Police provide the Village Board of Trustees with an estimate of the overtime costs for the parade, all in favor.

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Letter from the Citizens Campaign for the Environment re: door-to-door canvassing request.

Mayor Cindrich read the letter from the Citizens Campaign for the Environment dated May 10, 2006.

The following motion was made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request of the Citizens Campaign for the Environment to conduct door-to-door canvassing within the Village of Mount Kisco with the following conditions: That they conclude their canvassing at 8:00 pm. That the canvassing be limited to a two (2) week period of their choice and that no canvassing be done at all on Sundays and that failure to comply with this request will jeopardize future approvals, all in favor.

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

2) Petitions: None.

3) Board, Committee and Commission Reports: None.

4) Village Manager's Reports -

A. Level of Byram Lake.

Mr. James Palmer, Acting Village Manager advised that the level of Byram Lake is at 101.3% as a result of some recent rain fall we have received over the past couple of weeks.

B. Bid results for Croton Avenue and Prospect Street Road Rehabilitation and Appurtenant Work.

Acting Village Manager Palmer reported on the bid results for the Croton Avenue and Prospect Street Road Rehabilitation that was sent out a few weeks ago and was just opened on May 16, 2006.

Michael Stein, Consulting Engineer from Dolph Rotfeld Engineering stated that three bids were received. Mr. Stein stated that the work that was being included in this project is to mill the roadway on Croton Avenue and pave both Croton Avenue and Prospect Street. The original contract for the water main replacement only included the trench restoration not the replacement of the pavement. The Contractor will still be required to replace all the curbing on Croton Avenue once that work is completed the paving work will start. We are still waiting to here back from Bilotta Construction on credit for the paving restoration that they were supposed to do under their contract. We requested a unit price credit on it and to date we haven't gotten that back yet. Until we at least find out from Bilotta what their costs are going to be it may not be in the best interest of the Village to award this contract yet.

Mayor Cindrich stated that he has asked the Village Attorney to review Bilotta's contract because he wants to know exactly what they were responsible for. He thought they were responsible to actually saw the roadway and construct a patch in accordance with generally accepted construction standards with anything that they disturbed. He asked if that would include also the work they did on Willetts?

Mr. Stein replied that Willetts would be a separate item that Bilotta would have to correct.

Mayor Cindrich suggested that a punch list be compiled of what Bilotta has not completed and then we should arrive at an amount and negotiate from there before we award this contract. He noted that this contract may over lap what Bilotta may be responsible for.

Mr. Stein stated that on Friday he sent Bilotta a punch list of all items that had to be address by Bilotta. He added that Bilotta has indicated that they anticipate being out their in about two weeks to do the curbing as well as cleaning up all the rest of the items.

Mayor Cindrich asked how long the lowest bidder will hold there price.

Mr. Stein replied that he thought the contact called for 45 days.

Mayor Cindrich asked if Bilotta will complete their work in 45 days.

Mr. Stein replied for doing the curb work, yes.

Mayor Cindrich suggested that the lowest bidder be notified that the Village will probably act on his proposal within the next few weeks. And in the interim he would like both the Village Attorney and Engineer to give the Board some references for Paleen Construction.

Mr. Stein stated that as part of reviewing the bid he did contact the Department of Transportation in Dutches and a few other contracts and Paleen Construction did receive positive references.

Trustee DiChiara stated that a resident had requested a curb on Prospect Avenue between Croton Avenue and Willetts. He asked if Paleen Construction Corp. could provide a cost estimate for doing this work.

Mr. Stein stated that he would request a price estimate from them and bring it back to the Village Board for their approval.

Mayor Cindrich stated that there has been significant damage to a number of curbs around the community and roads that haven't been paved in a period of time of time. He asked Mr. Stein to provide the Board with a cost estimate in linear feet for new curbing and also for rehabilitation of existing curbing.

C. Storm Water Management Program Annual Report.

Acting Village Manager James Palmer stated that the Village operates a separate municipal storm sewer system the Village is required to submit to the DEC an Annual Report. The Village just completed year three (3) of our Stormwater Management Program and with the assistance of our consultant engineer we have completed a draft of our Stormwater Management Plan highlighting our achievements for this past year. One of the requirements for the submittal of the Stormwater Management Plan is to share it with the public at Village meetings, which copies are available for the public. Some of the accomplishments the Village did receive this past year was achieving significant outreach to the public through the use of our cable channel and also the Village website. The Village of Mount Kisco is also participating in a municipal consortium for the purposes of utilizing grant funds to digitally map outfall locations and illicit discharge detection. The Board also considered earlier this year the draft model legislation for Stormwater Management, but since the DEC is still having public hearings on their enhanced regulations, we have not acted on that at this point in time. Mr. Palmer stated that he will work with the Village's Consulting Engineer over the next several weeks to finalize the Stormwater Management Annual Report.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. scheduling an Executive Session immediately following the evening's 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 Grunthal Aye

Trustee Markus Aye

5) Board Reports

Trustee Markus - No report at this time.

Trustee Grunthal reported on his meeting with the New York State Department of Transportation on the reconfiguration of the ingress and egress of Shoppers Park and the potential removal of the left hand turn lane north bound on Route 117. We looked at the plans that the DOT had come up with and the plans they were working on for the intersection of Main Street with 133 & 117 and also at the intersection of Main Street and Green Street as well as looking at the traffic lights at Moger Avenue and Main Street. All of those need to be looked at together to try and sort out the cueing of traffic that is occurring as traffic tried to leave Main Street and travel along Route 117 where it is actually held up by traffic that is stopped at the light in front of Village Hall trying to turn left. They have come up with some plans we were concerned that those plans might be a problem because there would no longer be a left turn at the light into Shoppers Park. We reviewed the traffic counts on two separate occasions and there is no doubt that the number of people turning left to go into Shoppers Park is a very low number. Therefore, it would not do any significant damage at all to not have that left turn and to devote that lane to traffic flowing towards Route 133. We have a configuration where we will loose three (3) parking spaces outside the Library and Village Hall. The marking in the road will be moved over so that two lanes will be moving north bound so that more cars could stack in the middle of the road and we'll have more space for cars that want to keep heading north on Route 117. So cars should not be held up as frequently and as long over there as they are at the present time. We are also looking at a slight reconfiguration of Main Street and Green Street making it easier for cars to turn left there and at the same time for cars not wanting to turn left to keep going straight. We are also reviewing the timing of the traffic lights at the intersection of Main and Route 133 so that we get a more freely flowing traffic there without jeopardizing pedestrians. A final draft of the DOT drawings should be done in the next few weeks.

Mayor Cindrich stated that we are trying to balance the ingress into Shoppers Park against the need to keep traffic moving north bound and reduce traffic congestion in proximity to Village Hall and the Library.

Trustee Griffin, Jr. stated that currently there is a cueing of west bound traffic at Route 133 at the Route 117 intersection for approximately three cars before the bottle neck occurs with the revised drawings this will not occur. Also in the revised plans there will be an accommodation for a loading zoning. The DOT will also be looking at the timing of the traffic signals at the Saw Mill River Parkway and Croton Avenue; Moger and Kisco Avenue and Route 133 to better synchronize those for better traffic flow. The New York State Department of Transportation will be revising their plans and hopefully move quickly on the revisions and in the end it will be a plus for traffic flow in Mount Kisco.

Trustee Griffin, Jr. stated that the Building and Grounds Committee feels that a major priority must be the clock tower in Village Hall. The clock tower is at a point now that the RFP should be sent out again for bid. Also a priority would be the front steps of Village Hall which needs to be repaired and replaced. Another major project that should be accomplished is the roof at the Sewer Treatment Plant. Also the wall at Leonard Park by the pagoda side needs to be replaced before it falls into the pond.

Mayor Cindrich stated that he had received a letter from the Deputy Supervisor of North Castle regarding a request to allow North Castle Fire Fighters to pay the inside rate for the use of Byram Lake and in return they will serve as the “watch dogs” of the lake and if we organize it they will attend meetings. Mayor Cindrich requested that Treasurer Thomas Warren give him an analysis of what that would cost the Village of Mount Kisco with 3 to 5 individuals using the lake.

Mayor Cindrich stated that he had received a letter from Christy Fitzpatrick on Victoria Drive. Ms. Fitzpatrick has an issue with parking permits and the transferability of the parking permit when somebody has a car in repair or disrepair and they would like to use another car and transfer their parking permit to another car. Ms. Fitzpatrick is suggesting that we charge an additional fee to compensate for that transfer if necessary. Mayor Cindrich requested that Treasurer Thomas Warren review this request and come up with a plan to do this for Mount Kisco residents only.

Mayor Cindrich stated that he had a request from his daughter-in-law for two signs to be placed in the Village advertising the 7^th Annual Golf Outing for the Craig Johnson Foundation.

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus allowing two signs to be placed at the triangles in the Village advertising the 7^th Annual Golf Outing for the Craig Johnson Foundation, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich stated that the American Legion was recently recognized as Citizen of the Year for the work they do in the community by the Mount Kisco Chamber of Commerce. It was an outstanding event well deserved. The American Legion is one of the foundations in this community that every activity either starts there, is held there or it ends there. They deserve the public thanks you and residents can do so by attending the Memorial Day Parade which will start off at 7:00 pm on Tuesday, May 30^th.

Mayor Cindrich reported that on April 5^th this community witnessed a tragedy. A new born infant was found deceased by one of our Highway Workers, cast away in a horrible fashion. This past Saturday this community sent a message to the entire regional area that we will all care. The inspiration for this was the Mount Kisco Police Department, especially Chief Louis Terlizzi, Lt. Patrick O'Reilly and Detective Maria Palizetti. The services were held at the Church of the Resurrection. It was a very moving ceremony conducted by Pastor Jack Horner. The child was affectionately named April Hope, she was laid to rest in a dedicated plot in Oakwood Cemetery. The ceremony was conducted with reverence and dignity that every human being deserves. Also instrumental in this service was a group from Long Island affiliated with the Nassau County Police Department called AMT Children of Hope Foundation. The Blue Knights also participated in this ceremony along with a representative from the New York State Police Academy, the Westchester County Police Department and the Nassau County Police Department along with other Police Departments. Mayor Cindrich thanked the Mount Kisco Police Department for inspiring this worth while effort to show that we care. He also thanked the community at large for caring enough to participate in this.

6) Old Business -

A. Presentation and Resolution accepting the proposal from Blu Dot Inc. dated March 28, 2006.

Mr. Donald J. Cuomo of Blu Dot. Inc. made a presentation to the Village Board outlining the scope of his proposal as outlined in his March 28, 2006 letter.

The following Resolution was offered by Trustee Grunthal and seconded by Trustee Markus hereby approving the proposal submitted by Blu Dot Inc. for Data Collection, Reporting and Maintenance Services for the Byram Lake Watershed in the amount of $33,120 for Cost of Services and $5,665 for Lab Fees for the period of April 2006 to March 2007, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Resolution authorizing the levy of unpaid Water & Sewer Charges on the Tax Roll.

The following Resolution was offered by Trustee DiChiara and seconded by Trustee Markus hereby authorizing the levy of unpaid Water & Sewer Charges on the Tax Roll, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Whereas, the Village Clerk has presented to the Board of Trustees a certificate setting forth the amounts of all unpaid water charges, including penalties, with a description of the real property affected thereby, and

Whereas, the Village Clerk has presented to the Board of Trustees a statement setting forth the amount of each lien for sewer charges in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed, and

Whereas, pursuant to section 11-1118 of the Village Law such water charges are a lien upon the premises affected thereby, and

Whereas, pursuant to section 452 of the General Municipal Law such sewer charges are a lien upon the premises affected thereby.

Now, therefore be it resolved by the Board of Trustees of the Village/Town of Mount Kisco, as follows:

1. That, pursuant to section 11-1118 of the Village Law, the unpaid water charges, as set forth in the attached certificate from the Village Clerk be, and the same hereby are, levied upon the property in default, and added to the annual tax levy with respect to such property.

2. That, pursuant to section 452 of the General Municipal Law, the unpaid sewer charges, as set forth in the attached statement by the Village Clerk, be and the same hereby are, levied upon the property in default, and added to the annual tax levy with respect to such property.

3. The amounts levied hereby shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of village taxes, except that the unpaid water/sewer charges shall be payable in full on the June Village tax installment.

B. Appointment of Village Manager.

Mayor Cindrich stated that it was his pleasure to make a motion to appoint a young man to the position of Village Manager who has been a dedicated employee for a number of years and some one that he personally has been impressed with during his entire service to Mount Kisco.

The following motion was offered Mayor Cindrich and seconded by Trustee Markus to appoint James M. Palmer, as Village Manager and Clerk for the Village/Town of Mount Kisco effective June 1, 2006, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Trustee Markus stated that it was very clear to him how dedicated and how hard working he has been in the short period of time that I have observed him and it is an excellent choice.

Trustee Grunthal stated that not only is he hard working and dedicated but I think he is skill full and bright. He speaks to the point, he answers questions to the point and he is knowledgeable and I think he is going to do very well for us.

Mayor Cindrich administered the Oath of Office to James M. Palmer, Village Manager.

8) Bills -

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 $106,095.93

General Fund Claims $103,048.35

Water Fund Claims 2,149.60

Sewer Fund Claims 897.98

Library Fund Claims 00.00

Trust Fund Claims 00.00

Senior Nutrition Program 3,749.03

Water and Sewer Funds 42,781.30

Water Fund Claims 33,520.59

Sewer Fund Claims 9.260.71

Library Fund 6,128.85

Capital Project Fund 76,314.25

Trust in Agency Fund 15,218.67

____________

TOTAL $250,288.03

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 May 8, 2006, 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. Rosafort asked when the Library goes into construction if there was going to be somebody to watch and over see the construction itself and not destroy the monument out side. He would hate to see a big truck run over the bricks and break them.

Mayor Cindrich replied absolutely we are going to have significant preservation of the War Memorial; the fountain and Christopher Columbus Statue.

Trustee Griffin, Jr. stated that he along with the Building and Grounds Committee are going to keep a close eye on the project.

There being no further business to come before the Board a motion to close the meeting at 9:45 pm was made by Mayor Cindrich and seconded by Trustee Griffin, Jr., all in favor.

______________________________________

James Palmer, Acting Village Manager and Clerk

Public Hearing and Regular Village Board Meeting 5/22/06 1.

Created by pmaiorano. Last modified 2006-06-06 12:16:25.