Village Board Meeting Minutes - September 25, 2006

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, September 25, 2006 at 7:20 pm 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: 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.

PUBLIC HEARING CAF� LA CHINA'S APPEAL

AMUSEMENT LICENSE DENIAL

Mayor Cindrich stated that the first item the Board was going to deal with this evening is a public hearing that Caf� La China has requested. It's an appeal of a decision that was made by the Village Manager regarding the renewal of a Cabaret License.

Mayor Cindrich noted that the Board was in receipt of the proper affidavits of service and the proper affidavits of notice regarding this hearing.

Mayor Cindrich asked the Village Attorney to enlighten the public as to what the decision was based upon.

Village Attorney Whitney Singleton stated that as part of an application for a Cabaret License was the separation requirement between the establishment to be licensed and churches, schools and places of worship. The license surveyor that we had measured the property and determined that the line between the front door of Caf� La China and the nearest entrance of the West Hyatt Elementary School was less than 500 feet and does not satisfy the separation requirement under the code and therefore the Village Manager denied the applicant. The applicant is seeking an appeal and I presume that Mr. Pollack will tell us the basis of his appeal.

Mr. Pollack, Attorney for Caf� La China thanked the Village Board for the opportunity to appear before them. He stated that he prepared a statement which summarizes what he was about to say (a copy of which is attached).

Mr. Pollack stated that essentially this appeal is based on two arguments. The first being that the information supplied by the Village Manager in support of his declaration or statement that Caf� LaChina was not entitled to have a license. This was based on a measurement taken by a land surveyor, H. Stanley Johnson. As he drove here tonight he took the time to pass by the West Hyatt Elementary School and unfortunately Mr. Johnson's letter does not suffice. The reason for that is and this goes back to my elementary school years where we learned that the hypotenuse of a triangle is its longest side. The ordinance requires that the measurement be taken on a straight line from the main entrance from the premises to be licensed to the nearest door of the church or in this case the elementary school. In the surveyor's letter dated May 16, 2006 he refers to the horizontal measurement. Well the horizontal measurement doesn't do it. The horizontal measurement would take you from the level of the store back into the earth at the bottom of the school. Once you go up the hill to get to the straight line measurement the ordinance requires you to no longer have a horizontal measurement you have an angled measurement which would be the hypotenuse of that triangle that we are talking about. He handed out a letter from Leonard Jackson Associates Consulting Engineer dated September 21, 2006 (a copy of which is attached) who will support that argument. As Mr. Jackson says a horizontal distance measurement does not comport with the language in the ordinance, which requires a straight line measurement not a horizontal one. The truth is that we don't know what this distance is if this were measured correctly because we don't have that as evidence before us, it was not given to us in Mr. Palmer's submission.

Mr. Pollack stated that the second part of the appellant's argument is that Mr. Palmer's letter really amounts, not to a denial on the issue of the license in the first instance but as revocation of an existing license. Based on the FOIL request made in the anticipation of this hearing and the information provided by the Village it's hard to tell whether the Village actually issued licenses each and every year in which application for a license was made that information did come to me. But from correspondence that I was able to read there was talk over the years of there's a problem here or a problem there and we may have to revoke your license. There were other things that were going on. The bottom line is that the Village treated Caf� LaChina as a licensee not as an applicant for a license. The Village Manager instating that this was denial of an application for a license, whether he purposely sort to get around the obligation in the ordinance or just inadvertently tried, he did so, ignored that part of the ordinance which says that if there is a revocation, notice must be given to the license, a hearing must be held no earlier than five (5) days of giving of the notice so that the license could appear at such a hearing and make his case. That didn't happen here, because this was not treated as a revocation but practically speaking, realistically speaking that's exactly what it was. This Village has had a history of other licensees doing business, being allowed to continue to do business, even where they didn't bother to file an application for the renewal of the license. I cite the case of the Holiday Inn some years ago received a letter from the Village stating that their application had expired and that they better get to it and they were continuing to doing business for I don't know how long after the expiration of the initial license. So in sum and substance Caf� La China submitted applications and the fee, the fee was taken every year that Caf� La China was in existence and didn't actually get a correspondence back saying this is your license, this is not your license. It's only now that the Village has an issue to deal with and their saying you never had the license this time around therefore we are denying it as an initial submission. Mr. Pollack handed out copies of the checks that were submitted annually for Caf� LaChina's license application (a copy of which is attached).

Mr. Pollack stated while I realize these arguments are legalistic, I also realize that my client is to be held to the letter of the law as well and I submit to you that the Village had to follow its own code in dealing with this issue and it didn't do so in either respect.

Trustee DiChiara asked if Ms. Stern currently playing music and serving alcohol at her establishment.

Mr. Pollack replied that he was told that she is no longer permitting dancing which is the issue.

Trustee DiChiara asked if she was providing amplified music and alcohol.

Mr. Pollack replied that he was not aware.

Trustee DiChiara stated that if she is still playing amplified music and alcohol there has not been a revocation. A revocation would have been and order to cease, so therefore I don't think that your argument is really valid.

Mr. Pollack stated that Eric Jacobson a colleague practices in Mount Kisco apparently spoke to Mr. Palmer in an attempt to confirm his conversations thinking that Mrs. Stern would be allowed to continue sometime while we sorted all this out. Mr. Palmer responded no you can't do this. To me this is a revocation she had been doing it before.

Trustee DiChiara asked if the Village has served Mrs. Stern with a letter of revocation telling her to stop playing music and serving alcohol.

Mr. Pollack replied that Mrs. Stern received a letter stating that you can't do business there. That encompasses everything that she had been doing. In Mr. Palmer's letter of June 20, 2006 to Mr. Jacobson (a copy of which is attached) the second paragraph states “I wish to be very clear on this issue. Ms. Stern was denied an application for a cabaret permit or license because she fails to satisfy the code requirements. I did not, nor do I now, tacitly or expressly authorize any use of the premises as a cabaret….”.

Trustee DiChiara stated but the question is she continuing to do so?

Mr. Pollack replied that he didn't believe she was using it as a cabaret. I believe a cabaret permit is amplified music, alcohol and dancing.

Trustee Markus asked Mr. Singleton if he had a chance to review any of the documents Mr. Pollack has handed out to the Board this evening.

Mr. Singleton replied that no he has not seen them before nor has he had a chance to review them.

Mayor Cindrich stated that the overriding issue is the distance separation and whether the deviation of elevation has to be taken into account. He asked Mr. Pollack if he had any other supporting documentation or case law supporting your argument on the horizontal, hypotenuse other than Leonard Jackson's letter.

Mr. Pollack replied that he thought it was a fact issue not a legal issue. Your code says a straight line.

Trustee DiChiara stated he didn't think the Village was violating it by taking a straight line. It just says that it can't be down the block and maybe make a left; it has to be a straight line. I don't think it has to take into account the horizontal nature of the property.

Mr. Pollack replied that was your opinion, obviously we respectfully disagree.

Mayor Cindrich replied that that was something the Village would have to investigate whether the deviation in elevation has to be taken into account.

Mr. Pollack stated that the definition of a straight line was the distance between two points. Not up a slope and down a slope, you would have to cut straight through.

Trustee Grunthal stated that he felt quite strongly and he would like to see case law supporting Mr. Pollack's argument. Because I find it close to being absurd that the argument that you are presenting. The law basically says a straight line that could be walked along the ground, and to actually dig holes in the ground and up in a mine shaft is an absurd argument.

Mr. Pollack replied that he didn't know if there was case law, when you are dealing about a fact. The law that we are talking about is the law of mathematics. A horizontal line is not the same as a straight line when the measurement has to be from a point that's elevated quite high, that's quite a hill on West Hyatt to that school. Straight line is the way it reads and there is no issue about that.

Mayor Cindrich stated that if Mr. Pollack had any other supporting documentation you can submit it to us.

Mayor Cindrich asked Mr. Pollack with regards to the Holliday Inn issue that he cited what year did that happen?

Mr. Pollack stated that he couldn't find the date in all the paper work he had in front of him and that he would have to get back to the Board.

Mayor Cindrich stated that this was a public hearing asked the public if anyone in attendance would like to speak to this issue. The application has been denied based on distance separation. He asked if anyone would like to speak to the issue of the renewal of the cabaret license at Caf� LaChina.

Mr. Richard Asaro (98 West Hyatt Avenue) stated that he had quite a few apartment buildings in that vicinity and the answer to the first question is it amplified music, yes. Out of a juke box and it wakes me up all the time it's so loud. When they did have dancing and music not only was the place packed there were 30 or 40 patrons outside waiting to get in and it created quite a few problems. I had to turn my air conditioning on to quiet the noise down so I could go to sleep. I have also had tenants of mine move out because of this noise. To allow them to have this cabaret license in a residential neighborhood should not be allowed. My family has been in Mount Kisco for 82 years and I have never seen things go on with the bar to allow it to continue. I hope that the Board realizes this and takes this into very good consideration of the residents and tax payers allowing this to happen.

Trustee Grunthal thanked Mr. Asaro for making that statement. This is what the Board needed to hear.

Mr. Pollack stated that while he appreciated the citizen concern and his own private experience which he found to be annoying. I don't think that's the appropriate subject for this hearing. This hearing is very specifically related. It's an appeal from the very specific denial for a very specific reason and anything I believe is outside the Boards purview at this time.

Mayor Cindrich replied we have a public hearing and people are invited to speak. We are not going to infringe on their right to exercise their constitutional rights. So they can speak to what the issue is and we'll waive that topic against what we are trying to decide now. And the over riding issue is the distance separation regarding this rejection of a renewal.

Trustee Markus stated that he thought the public comment was germane. I think that the individual brought up points that might be the under lining purpose of the law. The reason why there are laws that are enacted for that purpose in terms of distances and things of that nature. That was the wisdom of the passage of a law and I that for a citizen to come up and talk about some of the down side risks that occur as he perceives it, is germane in my view.

Mr. Pollack stated that Trustee Markus stated that the over riding issue is the distance. I think the issue of the procedure also takes us back a step if in fact the procedure wasn't properly followed and she has been denied the right to operate as we believe she should have been able to operate for over three months, because the procedure wasn't followed in terms of whether this is a revocation or a renewal.

Mr. Singleton replied that he could easily address these topics tonight, but in fairness to the Village Board and Mr. Pollack I think everyone would be better served if the Board defers on making a decision on this matter.

Mayor Cindrich stated that the next Village meeting is Tuesday, October 10^th. He stated that he was going to ask for a motion to adjourn the public hearing until that date.

Mr. Pollack stated that he had an appearance before the White Plains Planning Board on that date.

Mayor Cindrich asked if it was acceptable to Mr. Pollack we will adjourn the public hearing until the 23^rd of October.

Mr. Pollack stated that he had no problem extending the date.

Mr. Grunthal stated that Mr. Pollack in his letter has “the applicant acting as a good citizen…..”, earlier today I read a couple of Police Reports one dated as recently as September 16^th and September 18^th both requiring a police presence and some what serious incidents at the establishment that we are looking at. How do you reconcile being a good citizen with not only these two reports but the fact that a year and a half or two years ago we had another serious incident which required police to be brought in from neighboring jurisdictions?

Mr. Pollack replied that his reference to being a good citizen is that his client obeyed the directive not to operate the establishment as she had before. There have been series of incidents over the years, again I don't believe that is what is before the Board at this time. If you are going to revoke her license and not give it to her because of conduct, let's hear about that in a way that we can then response to that appropriately. This is a very narrow issue.

Trustee DiChiara stated that Trustee Grunthal's question is a good one. This is something that is in Mr. Pollack's argument “acting as a good citizen” and I think he was just asking for you to expand on it.

Mr. Pollack stated that his definition of a good citizen was obeying the directive of the Village Manager.

Trustee Grunthal stated but having total disregard for orderliness in the establishment so that on two different occasions over three nights we had to have police presence over there.

Mr. Pollack replied that he didn't know if that was the case #1 and #2 he deals in a world of proof and allegations never do it for him. He hasn't seen the evidence.

Trustee Grunthal gave Mr. Pollack the two Police Reports dated September 16^th and September 18^th.

Mr. Pollack stated that that issue was not before the Board now.

Mayor Cindrich stated that the conduct may go to validate the reason for distance separation. So again how we define what the distance separation is, is the issue we are trying to deal with.

Trustee DiChiara stated that at the next meeting (October 10^th) we will close the public hearing for all written and oral comments and at that point in time the Village Attorney will have all the materials to review and be able to perhaps prepare a recommendation to the Board.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. to adjourn this public hearing until Tuesday, October 10, 2006 at which time we will close the public hearing for all written and oral comments, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Regular Village Board Meeting

1) Communications None.

2) Petitions None.

3) Board, Committee and Commission Reports None.

4) Village Manager's Reports -

A. Level of Byram Lake.

Village Manager, James Palmer advised that the level of Byram Lake as of 3:00 pm afternoon was at 97.2% capacity.

B. Westchester County Cell Phone Recycling Program.

Village Manager, James Palmer advised that effective June 1, 2006 Westchester County requires the recycling of all cell phones. He advised that cell phones could be recycled at Staples, 350 North Bedford Road and Hudson Valley Bank, 664 Main Street. For more information residents could call the Westchester County Help Line at 914- 813-5420 or visit www.westchestergov.com/envfacil for more information.

C. Mill Street Bridge Update.

Village Manager, James Palmer advised he recently had a site visit with Marc Vigliotti, Jeff Econom and Bill Balter. The project commenced today and there won't be a need for any excavation equipment. They will be removing three small trees and then they will also be securing the north side of the stone foundation of the bridge.

D. Hillside Avenue Update.

Village Manager, James Palmer advised that he has been in contact with John Collins regarding the Hillside Avenue area. Mr. Collins is currently preparing a proposal which will include taking some traffic counts to monitor both the volume traveling on Hillside as well as the speed.

Trustee DiChiara stated that before money is spent on a traffic study that the cost estimate come before the Village Board of Trustees for approval, because the Board may decide to go in a more cost effective direction and if some of the residents want to challenge the findings that we commission they might want to pay for their own study.

Mayor Cindrich stated that at the meeting several weeks ago with the residents of Hillside Avenue he had suggested that the Mount Kisco Police Department set-up in one of the residents driveway with a handheld radar unit and we conduct our own speed monitoring and while they are doing that they can also do an hourly traffic count. He asked that this be done.

Mayor Cindrich stated that he agreed with Trustee DiChiara following the National Standard that stop signs are not to be used to regulate speed and that's what the issue is here.

E. Public Employee Safety and Health Bureau Training for Village Employees.

Motion made by Mayor Cindrich seconded by Trustee Markus authorizing the Assistant Village Manager, Jeff Econom to retain the consulting services of Risk Management Associates, LLC for PESH and OSHA training for Village Employees in the amount of $7,000, all in favor

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

F. Executive Session to discuss pending litigation, personnel and real estate matters.

Motion made by Trustee Markus and seconded by Trustee DiChiara scheduling an Executive Session immediately following this 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 stated that he a meeting scheduled tomorrow in which we are looking to collect additional data for the Architectural Review Board regarding different zones in the Village. We are looking into developing an accompanying brochure which will be used to assist in the process of what is involved in having a sign approved. The process is going forward and they should have something to present to the Village Board in the not to distant future.

Trustee Grunthal stated that the Byram Lake Committee met last Thursday and Jeff Econom also attended that meeting. It was an exchange of information between Jeff and the Byram Lake Committee. I think the Byram Lake Committee learned a lot from Jeff and I think we were able to give Jeff some of the back round as to what our concerns are for the Lake and Watershed. The Finance Committee is meeting on Tuesday of next week and we will be continuing to discuss capital budgeting to make some recommendations to this Board on long term capital budgeting and it is also looking into literature from the experience of other municipalities in the recycle time for vehicles, garbage trucks, police vehicles so as we get into the next budgeting session we can have an understanding of how long these vehicles should last and whether the requests that are being made of us to spend money on these vehicles are in line with some of the experiences that are out there.

Trustee Griffin, Jr. stated that the Building and Grounds Committee met and they reviewed many of the issues on the table. He also noted that the Kirby Plaza project is just about completed the wrought iron fence has been installed. What was left was some landscaping and maintenance which will be handled by the Highway Department. At our next meeting the Building and Grounds Committee will be meeting with Jeff Econom to go over what our priorities maybe for future projects.

Trustee DiChiara stated that as he mentioned at the last meeting he was researching a law that would regulate satellite dishes on buildings and the placement of them. Hopefully he will have something drafted for this Board to review. Village Attorney Whitney Singleton recently sent him some information that he was reviewing.

Mayor Cindrich read a letter that he had received from the Library Board of Trustees commending Village Manager, Jim Palmer for his actions in making application for a portion of $652,000 grant monies for the Library through Westchester County.

Mayor Cindrich stated that he was happy to report that we recently had a Library Project meeting regarding the involvement of the Architectural Review Board. I believe this meeting was very productive. We set down the scope of the project and they are going to discuss it at length at their next meeting (September 25, 2006). In conjunction with the DEP representatives which was also beneficial, we all have a complete understanding of what DEP's concerns are.

Mayor Cindrich stated that he had a request regarding the Green Street Bridge. He wanted to make sure that the Village Manager and Assistant Village Manager/Engineer were making sure the consultant and contractor were being held responsible for any work we would have to undertake there. If that surface has to be remilled and repaved both the consulting engineer and the contractor should be paying the bill for this work.

Mayor Cindrich asked if the Village Attorney had any problems with the certified letter recently received citing the assignment of the lease at the transfer station.

Mr. Singleton replied that he would speak to Mr. Gerrard, Esq. and report back to the Village Board.

Mayor Cindrich asked Mr. Palmer and Trustee Grunthal to reach out to members of the Planning Board and the Conservation Advisory Council to attend a Public Hearing in North Castle regarding the 732 acres which is in close proximity of the lake. The Public Hearing will take place on September 28^th. He would like to have information gathering personnel at the meeting.

Mayor Cindrich reported that the Village/Town of Mount Kisco and the Town of Bedford were holding a joint public hearing on Wednesday, September 25, 2006 at 7:00 pm at the Bedford Town Hall regarding an Annexation Petition submitted by Mr. Bargout for property on Turner Lane. He encouraged all the Board members to attend the hearing.

Mayor Cindrich reported that the Northern Westchester Hospital had written a request to the Village Manager asking to hire two (2) Police Officers on October 28^th for their Gala Event. Mayor Cindrich stated that the charge for that service should be billed in accordance with previous years which include salary, benefits, overtime and whatever else. There were no objections from the Village Board.

Mayor Cindrich reported that on Sunday, October 1, 2006 Westchester Citizen's will participate in a National Life Chain in and around the Northern Westchester Hospital. The event will take place from 2:00 pm - 3:30pm all on the sidewalk. No police personnel will be necessary.

Mayor Cindrich announced that the “Fox Center Entertainers” won an award for a group performance of “Your Just in Love”. The Fox Center Entertainers will be here at the next Village Board Meeting (Tuesday, October 10, 2006) to perform their rendition of that song.

6) Old Business - None.

7) New Business

A. Resolution adopting the Memorandum of Agreement between the Village of Mount Kisco and the Police Benevolent Association for the purpose of ratifying a new collective bargaining agreement.

Motion made by Trustee DiChiara and seconded by Trustee Markus adopting the Memorandum of Agreement between the Village of Mount Kisco and the Police Benevolent Association for the purpose of ratifying a new collective bargaining agreement; all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is entered into by and between the negotiating teams for the Town/Village of Mt. Kisco (hereinafter "Town/Village") and the Police Benevolent Association of the Town/Village of Mt. Kisco, Inc. (hereinafter "PBA"), referred to collectively as the parties.

WHEREAS, the Town/Village and the PBA are parties to a collective bargaining agreement which has an expiration date of May 31, 2002, an Interest Arbitration Award (IA2004-011; M2003-319), for the period June 1, 2002 through May 31, 2004; and

WHEREAS, the parties have now reached an agreement as of the date of execution of this Memorandum of Agreement on the terms and conditions for a successor collective bargaining agreement for the period of June l, 2004 through May 31, 2007 and wish to memorialize their understanding, in writing, pending the signing of a new collective bargaining agreement; and

WHEREAS, upon execution of this Memorandum of Agreement by the negotiating committees of both the Town/Village and PBA, the parties agree to comply with the following:

1. All parties who sign this Memorandum of Agreement shall support and endorse it for ratification by their respective bodies. This Memorandum of Agreement is subject to ratification by the PBA and Town/Village as set forth herein.

2. All terms and conditions of the collective bargaining agreement, which has an expiration date of May 31, 2002, and the Interest Arbitration Award referenced herein shall remain in full force and effect and incorporated into the new collective bargaining agreement, except as agreed to be modified herein.

3. The PBA shall hold a ratification vote no later than September 24, 2006.

4. Upon a majority vote of the members in attendance at the required ratification vote by the PBA of this Memorandum of Agreement, the Employer shall be notified of its successful passage or failure.

5. In the event that the majority of members in attendance at the PBA ratification vote to support this Memorandum of Agreement, the Employer shall then place this matter on the agenda for its next regularly scheduled Village Board meeting to be held no later than September 25, 2006, at which a ratification vote of this Memorandum of Agreement shall be conducted.

6. After ratification by the PBA and Employer, all new terms and conditions shall become effective immediately, except those that may have an implementation date(s) that occurs at a specific period within the contract period. All terms and conditions that have no specific implementation date shall become effective on the first (l^st) day of the contract.

7. The PBA shall prepare a draft contract for signing between the parties no later than 45 calendar days after the successful ratification vote of the Employer.

8. The Employer agrees that any and all retroactive money due and owing, if any, shall be paid no later than 2 full pay period(s) after the ratification vote of the Employer to all unit members who were employed during the expired contract period. The Employer shall provide a worksheet to any unit member receiving retroactive money setting forth how the calculation(s) was made and what it represents.

9. The parties agree that upon approval of the Village Board by resolution after ratification by the PBA, this Memorandum of Agreement shall have the full force and effect of the collective bargaining agreement between the parties.

NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, upon ratification by the PBA and approval by the Village Board by resolution, the parties agree that a successor collective bargaining agreement to the one that has an expiration date of May 31, 2002 and the Interest Arbitration Award referenced herein shall reflect the following terms as attached to this Memorandum of Agreement.

ARTICLE XII - UNIFORM PERSONAL PROPERTY (p. 9). Section 1: Amend to read as follows: On September lst of each year, employees shall receive a uniform and maintenance allowance as follows:

Newly hired employees shall be paid their allowance within two (2) weeks of their date of hire; provided, however, that no more than one (1) uniform and maintenance allowance shall be paid to any such employee in any one (1) fiscal year.

ARTICLE XIV - WELFARE FUND (p. 11) Section 1: Amend to read as follows: On June lst of each year, the Village shall contribute to the Welfare Fund the following amounts: (N/C) (N/C) (+$25.00) 6/1/04 6/1/OS 6/1/06 Individual Coverage $ 950.00 $ 950.00 $ 975.00 Dependent/Family Coverage $1,300.00 $1,300.00 $1,325.00.

Motion made by Trustee Markus and seconded by Trustee Grunthal authorizing the Village Manager to sign the Memorandum of Agreement regarding the Village of Mount Kisco and the Kisco River and Croton Watershed, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills -

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

Be It Resolved, the Village Treasurer is hereby authorized to release payments to the vendors as listed on the abstract and totaling as follows:

General Fund $218,323.40

General Fund Claims $215,124.12

Water Fund Claims 1,975.05

Sewer Fund Claims 57.50

Library Fund Claims 1,166.73

Senior Nutrition Fund $ 4,585.14

Water and Sewer Fund $ 22,603.89

Library Fund $ 6,164.12

Trust in Agency Fund $ 13,530.37

TOTAL $265,206.92

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 DiChiara hereby approving the September 11, 2006 Regular Board Meeting minutes with the one noted correction made by Trustee Grunthal on page 3, 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

Ms. Eileen Gluck a new resident asked for a status update regarding the new Library building.

Mayor Cindrich explained the lengthy process regarding the DEP Stormwater Pollution Program and all the other hurdles involved in the planning process. He assured Ms. Gluck that the planning process was moving along and that the architect was working diligently to prepare the schematics so that we could start the cost analysis. The project is on the front burner and moving along.

There being no further business to come before the Board a motion to close the meeting at 8:45 pm was made by Mayor Cindrich and seconded by Trustee Markus, all in favor.

__________________________

James Palmer

Village Manager and Clerk