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Village Board Meeting Minutes - June 5, 2006
Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, June 5, 2006 at 7:30pm in the Frank J. DiMicco Board Room, Village Hall, 104 Main Street, Mount Kisco, New York.
Present: Mayor J. Michael Cindrich
Trustee Peter DiChiara
Trustee George L. Griffin, Jr.
Trustee Anthony Markus
Trustee Peter Grunthal
Also Present: James Palmer, Village Manager/Clerk
Whitney Singleton, Village Attorney
Mayor Cindrich opened the meeting with the Pledge of Allegiance and asked everyone to 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. Mayor Cindrich asked to keep in our prayers the family Frank Luppino who passed away suddenly.
Mayor Cindrich advised that on Saturday June 3, 2006 Saint Frances Church honored Father William P. Dalton for his fifty years of service. Mayor Cindrich presented a proclamation to Father Dalton acknowledging his 50 years of tireless contributions to the Mount Kisco Community.
1) Communications:
A. Resolution Approving the Request from Allison Terlizzi
Motion made by Mayor Cindrich and seconded by Trustee Markus approving the request from Allison Terlizzi to sell flowers at the train station on June 10, 2006 to raise funds to support the Downstate Volleyball Team, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara -----
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Mayor Cindrich said that he has been working with the Deputy Supervisor of North Castle, who is an advocate of Byram Lake and our emergency services, on a commitment with the Volunteer Firefighters of Armonk to sign an Oath of Office that would permit them to use Byram Lake at a reduced rate as long as they agree to assist in identifying and reporting any incidences or abuses and to help in the preservation of the Lake while they are out there. Mayor Cindrich said that he received a signed Agreement from the Armonk Volunteer Firefighters with respect to this. Mayor Cindrich said that as volunteer firefighter, they would be responsible for a major portion of Byram Lake should a fire occur or need of an emergency response and will assist Mount Kisco in monitoring the Lake and protecting the water in reporting any suspicious activity while they are out there. Mayor Cindrich said that when these fees were raised a number of years ago he had requested that a committee be formed to entertain this idea and through the efforts of the Deputy Supervisor of North Castle and members of the Armonk Fire Department he would like to see this happen.
B. Resolution Approving Reduction of User Fees for Byram Lake
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. to approve reducing the Byram Lake User Fees for Firefighters in New Castle, North Castle and Bedford who agree to participate in the protection and patrol of Byram Lake.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara ----
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. Palmer advised that the level of Byram Lake as of 6:00pm this evening was at 100.7% capacity, the daily pumpage for the month of May was 1,471.032 million gallons, with sewerage pump average daily inflows at 1.58 million gallons and outflows at 1.586 million gallons.
B. Results of RFP for Library Project Construction Manager
Village Manager, Jim Palmer, advised that they received a total of six responses. Mr. Palmer said that some of the companies have managed other library and/or public facilities within Westchester and would like to sit down to review these proposals with the Board.
C. Resolution Scheduling an Executive Session
Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. scheduling an Executive Session following the Regular Meeting this evening to discuss pending litigation, personnel and real-estate matters, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara -----
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
5) Mayor's Reports
Mayor Cindrich thanked the Mount Kisco American Legion post for organizing the annual Memorial Day Parade. Mayor Cindrich also advised that on Saturday, June 3rd the Mount Kisco American Legion hosted the County Convention at their 136 Moses Taylor Post and at that time recognized Don Ford who stepped down from his position as County Commander. Mayor Cindrich said that Mr. Ford served this community very well for a number of years and deserves our appreciation.
Mayor Cindrich advised that he attended an event recognizing the Mount Kisco Medical Group for sixty years of service to the community.
Mayor Cindrich said that he has been working closely with Dolph Rotfeld and the Village Engineer on the Croton Avenue Water Project and the condition of some of the curbing. Mayor Cindrich advised that the issue is that along Croton Avenue on the West side curbing has been damaged due to the proximity of old trees. Mayor Cindrich said that he has discussed this with both the Village Engineer and other Arborists and they have advised that if we excavate and replace the curb we may cause significant damage to the old trees. Mayor Cindrich said that even though some of the curbing is unsightly, he suggested that the Village embark on a piece-meal replacement of this curb in areas where there are no trees. Mayor Cindrich said that the only alternative is to attempt to excavate and make the road narrower in that section but they are also concerned because the roots may be under that roadway as well.
Trustee DiChiara said that he would like to see some more reports from Arborists and our Engineer on this but agree that we should move very carefully.
Mr. Palmer said that he will contact some landscaping companies and tree Arborists to get their opinion.
Mayor Cindrich said that he has also suggested that when we do replace curbs, that a contractor do the actual curbing and the Highway Department do the lawn restoration and backfilling of the curb between the property lines and the right-of-ways.
The Board agreed to the Mayor's suggestion.
6) Old Business - None
7) New Business
A. Resolution Supporting Assembly Bill 10710 & Senate Bill 7354
Motion made by Trustee Markus and seconded by Trustee Grunthal hereby approving the following resolution supporting Assembly Bill 10710 & Senate Bill 7354.
Whereas, the New York State Police have advised the State's District Attorneys that effective September 1, 2006, state police officers, pursuant to New York State Police regulations, will be prohibited from "plea bargaining" traffic tickets in local criminal courts throughout New York State, and
Whereas, this new policy will impact the manner in which traffic tickets are adjudicated in the local criminal courts in Westchester County, and
Whereas, the plea bargaining system is essential to keeping the cost of operating local criminal courts feasible for the taxpayers, and
Whereas, municipalities rely upon fine money garnered from traffic tickets to fund all or a substantial portion of the operating expenses associated with local criminal court, and
Whereas, local criminal court justices are prohibited from negotiating peas themselves and must rely upon the district attorney or his or her designee to negotiate pleas in traffic cases, and
Whereas, the district attorney's office in Westchester County currently relies upon State Police Offices to negotiate traffic ticket pleas bargains in the County's local criminal courts, and
Whereas, it is possible that a municipal officer might be called upon to accept a designation from the County District Attorney's Office to negotiate plea bargains on behalf of that office, imposing a new unfunded mandate on that municipality.
Now, therefore, be it resolved that the Westchester Municipal Officials Association supports adoption of A10710 introduced by Member of the Assembly Lentol and S. 7354 introduced by Senator Bonacic which would prohibit the Division of State Police from enacting rules or regulations limiting a member of the State Police force from modifying or recommending the modification of certain charges before court relating to a violation of the Vehicle and Traffic Law, and Be It Further
Resolved that a copy of this resolution be sent to Governor George E. Pataki, Joseph L. Bruno, Majority Leader of the Senate, Sheldon Silver, Speaker of the Assembly, Senator Elizabeth Little, Chair of the Local Government Committee, Assemblyman Robert Sweeney, Chair of the Local Government Committee, Senator Owen Johnson, Chair of the Finance Committee, Assemblyman Herman D. Farrell, Jr. Chair of the Ways and Means Committee, Senator John A. DeFrancisco, Chair of Judiciary Committee, Assemblywoman Helen E. Weinstein, Chair of Judiciary Committee, and the members of the Westchester County delegation to the Senate and Assembly, and further
Resolved that a cover letter expressing that this unfunded mandate will put a burden on the Village of Mount Kisco without any relief.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
B. Resolution authorizing signing Agreement with Clough Harbour
Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. hereby authorizing the Village Manager to sign the proposal from Clough Harbour and Associates for monitoring services from June 1, 2006 to May 31, 2007, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
C. Resolution Approving SPCA Agreement
Motion to table resolution was made by Mayor Cindrich and seconded by Trustee DiChiara, until they submit the Agreement with the proper Village Manager's name, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
D. Resolution Authorizing Village Manager to Sign NYSDOT 2005/06 Snow and Ice Agreement
Motion made by Mayor Cindrich and seconded by Trustee DiChiara hereby authorizing the Village Manager to sign the amended NYSDOT 2005/06 Snow and Ice Agreement which reflects additional funding to Mount Kisco due to the severe winter, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
E. Resolution Approving a Corrected Tax Bill
Motion made by Mayor Cindrich and seconded by Trustee Grunthal, based upon the request from James Palmer, hereby authorizes a Corrected 2006 Village Tax Bill to Patricia Agostino in the amount of $1,576.42 to reflect a 15% disabled citizens tax exemption, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
F. Resolution Approving the Removal of Police Chief Robert Dagostino from Payroll
Motion made by Trustee DiChiara and seconded by Trustee Markus authorizing the following resolution:
Whereas, the Village of Mount Kisco was advised by letters dated May 15, 2006 that Police Chief Robert Dagostino had been granted Disability Retirement by the New York State and Local Retirement System, and
Whereas, the Village of Mount Kisco was directed by the New York State Retirement System to remove Police Chief Robert Dagostino from the Town/Village of Mount Kisco payroll,
Now, therefore, be it resolved the Board of Trustees hereby approves the removal of Police Chief Robert Dagostino from the payroll from the Town/Village of Mount Kisco effective at the close of business on May 19, 2006 as per the letter dated May 19, 2006 from Treasurer Thomas Warren to Chief Robert Dagostino, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
G. Replacement of LOSAP Trustee
Mayor Cindrich explained that LOSAP (Length of Service Awards Program) is a program that was approved by the Village for Volunteer Mount Kisco Firefighters.
Trustee Grunthal advised that there are five positions as Trustee, two of the positions are the Village Manager and the Village Treasurer, and three are appointed by the Mayor. Trustee Grunthal said he is requesting that we appoint our new Village Manager, James Palmer this evening to replace outgoing Village Manager William Williams.
Resolution Appointing a Replacement of LOSAP Trustee
Motion made by Trustee Griffin, Jr. seconded by Trustee Markus hereby approving the appointment of Village Manager, James Palmer as a LOSAP Trustee, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Mayor Cindrich asked Mr. Warren and Mr. Singleton if there are any mandates or requirements that a Trustee be a Village resident to serve as a Trustee in the LOSAP program.
Mr. Singleton said that he will check this out for the Mayor.
Trustee Grunthal said that he has two issues for consideration this evening regarding changing the contract with Morgan Stanley. Trustee Grunthal said that the present agreement allows for investment instructions to be accepted by Morgan Stanley based on written or verbal instructions from either the Village Treasurer or in his absence the Village Manager. Trustee Grunthal suggested that this be changed so that Investment Instructions can only be changed as follows: "instructions shall be accepted by Morgan Stanley when provided in writing by a majority of the LOSAP Trustees". Trustee Grunthal said that the second issue is that Morgan Stanley had recommended that five or ten percent of the total portfolio of investments of the LOSAP program be invested in overseas securities for the following reasons; diversification of risk, the fact that overseas markets sometime give a positive or greater yield then US markets; that overseas markets tend to stabilize and increase a portfolio; and it is common practice now among the wide majority of investors to recognize some of the worlds great profitable companies are overseas and it is worthwhile investing in them. Trustee Grunthal said that Morgan Stanley is recommending investing in very large international companies.
Mayor Cindrich said that he would like to also get input from our Financial Committee.
Mayor Cindrich said that the concern of the Village is that we keep this program funded so it doesn't become a burden for future generations.
Trustee Grunthal asked that we change the Investment Instructions this evening so that Morgan Stanley can go ahead and make the small changes that they have recommended.
H. Resolution Approving the Change of the Investment Instructions
Motion made by Trustee Grunthal and seconded by Trustee Markus approving changing the Investment Instructions with Morgan Stanley to reflect that "a majority of the LOSAP Trustees need to give instructions in writing to Morgan Stanley for all changes", all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
I. Resolution Approving Tax Certiorari Settlement
Motion made by Trustee Grunthal and seconded by Trustee DiChiara hereby approving the following Tax Certiorari Settlement with Plaza 83 Route 172 Corp., all in favor.
Whereas, petitions have been filed by the property owner below, challenging real property tax assessments on the Village and Town assessment rolls, with respect to the following parcels:
Property Owner Tax Designation Years
Plaza 83 Route 172 Corp 80.50-2-2 2003 (Village)
2004 (Village
2005 (Village)
2003 (Town)
2004 (Town)
Whereas, petitioner's court challenge is now pending in the Supreme Court, Westchester County, and
Whereas, the Village and the property owner have reached a mutually agreeable resolution,
Now, Therefore, Be It Resolved, that the Office of the Village Attorney is authorized to execute a settlement on behalf of the Village and Town for assessments for no less than the following:
Village Proceedings:
Assessment Year Original Proposed Settlement Reduction
2003 $500,000 $416,650 $ 83,350
2004 $500,000 $396,000 $104,000
2005 $500,000 $368,000 $132,000
Town Proceedings:
Assessment Year Original Proposed Settlement Reduction
2003 $1,075,000 $782,000 $293,000
2004 $ 950,000 $723,000 $226,500
Settlement refunds for Village result in $21,816.60 and for County and School refunds in the amount of $33,063.77.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
J. Resolution Approving Tax Certiorari Settlement
Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. hereby approving the following Tax Certiorari Settlement 101 Carpenter Ave. Owners, Inc., all in favor.
Property Owner Tax Designation Years
101 Carpenter Ave. Owners, Inc. 69.73-4-5 1994-2005 (Village)
1994-2005 (Town)
Whereas, petitioner's court challenge is now pending in the Supreme Court, Westchester County, and
Whereas, the Village and the property owner have reached a mutually agreeable resolution,
Now, Therefore, Be It Resolved, that the Office of the Village Attorney is authorized to execute a settlement on behalf of the Village and Town for assessments for no less than the following:
Village Proceedings:
1994-2005: All years discontinued with prejudice
Town Proceedings:
Assessment Year Original Proposed Settlement Reduction
1994-2001 $726,500 $726,500 $0
2002 $726,500 $550,584 $175,916
2003 $726,500 $550,901 $141,599
2004 $610,000 $601,020 $ 8,980
2005 $610,000 $557,280 $ 52,720
Settlement refunds for County and School result in refunds of $19,076.13
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
K. Resolution Authorizing Mayor to Sign Village Manager's Contract
Motion made by Trustee Grunthal and seconded by Trustee DiChiara authorizing the Mayor to sign the Village Manager's Employment Contract with Mr. James Palmer 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
L. Resolution Approving June, July, August, September Board Meetings
Motion made by Mayor Cindrich and seconded by Trustee DiChiara approving the following Board Meetings, Tuesday, June 20th, Monday, July 17th, Monday, August 14th and September 11th and 25th, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
8) Bills -
Board requested that check to Chas H. Sells in the amount of $15,885.00 be held for further review.
The following motion was offered by Trustee DiChiara and seconded by Trustee Markus to pay the bills, all in favor.
General Fund-Prepaid Deposits $ 166.74
General Fund $731,110.72
General Fund Claims $729,359.41
Water Fund Claims 1,689.26
Sewer Fund Claims 62.05
Senior Nutrition Fund $ 1,943.53
Water and Sewer Fund $ 78,856.96
Water Fund Claims 70,608.95
Sewer Fund Claims 8,248.01
Library Fund $ 1,094.12
Capital Projects Fund $ 20,599.89
Trust in Agency Fund $ 21,828.60
TOTAL $855,600.56
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 Grunthal and seconded by Trustee DiChiara hereby approving the following minutes:
May 22, 2006 Public Hearing and Regular Board Meeting
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
10) Non-Local Business - None
11) Public Comment -
Trustee DiChiara asked Mr. Palmer to prepare a report for the Board regarding the construction equipment on Lexington Avenue, how long the construction is going to take and how long will the travel on that roadway be impeded by the construction equipment and the cement barriers.
Mayor Cindrich suggested that we have Westchester County Department of Transportation come to our next meeting to explain what is going on.
Trustee Markus suggested that we take into consideration something that we do similar to the Landlord Registry and have the owners of the cab companies verify that their cabs are actually in compliance with the law.
Mayor Cindrich said that before the Village can require the owners to do this, the Local Law would have to be changed reflecting this additional requirement and would require a Public Hearing.
There being no further business to come before the Board a motion to close the meeting was made by Trustee Marcus and seconded by Trustee DiChiara, all in favor.
8:45pm.
__________________________
James Palmer
Village Clerk
Regular Village Board Meeting June 5, 2006 2.
Created by pmaiorano. Last modified 2006-06-21 09:28:25.