Village Board Minutes - October 23, 2006

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, October 23, 2006 at 10:00pm 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 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. Mayor Cindrich also asked that we remember the 241 soldiers, sailors and marines that died in Beirut twenty-three years ago on this day as a result of a terrorist attack. Mayor Cindrich also asked that we remember Virginia Viti, a resident of our community who passed away last week.

PUBLIC HEARING

VERIZON CABLE FRANCHISE PROPOSAL

Minutes of the Public Hearing were done by a stenographer and will be provided to the Village of Mount Kisco by Verizon.

1) Communications:

A. Letter from Julia Jefferson dated October 14, 2006 advising that she will not be serving another term on the Town Assessment Review Board.

2) Petitions: None

3) Board, Committee and Commission Reports: None

4) Village Manager's Reports -

A. Letter of Byram Lake

Village Manager James Palmer advised that the level of Byram Lake was at 95.7% capacity today.

B. Resolution Awarding Bid for Road Resurfacing & Appurtenant Work

Motion made by Trustee DiChiara and seconded by Trustee Grunthal, based upon the recommendation of Jannine M. McColgan, P.E. and Project Manager, in her letter dated October 19, 2006, awarding the bid for Road Resurfacing & Appurtenant Work for Smith Avenue, Carpenter Avenue and Leonard Park to the low bidder Canal Asphalt, Inc., 687 South Columbus Avenue, Mount Vernon, New York in the amount of $146,000.00, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Preston Way Park Improvement Project - Preliminary Cost Estimate

Village Manager, James Palmer, advised that the Village has received an award from the Westchester County Planning Department in the amount of $236,809 for improvements to Preston Way Park. Mr. Palmer advised that the Village match would be in the amount of $243,788.

Trustee DiChiara explained that this is a half million dollar project, which includes costs of $100,000 for site preparation to raise the level of the field, $50,000 in improvements to the road and curbing, $130,000 for play structures, $20,000 to improve the basketball court, $30,000 to layout the baseball field, $70,000 in fencing and $50,000 in landscaping. Trustee DiChiara said that he would like to see a memo from the Recreation Commission explaining what organizations are going to be using this baseball field because he would not want to spend this money unless there is use for this field. Trustee DiChiara said that he also wants to see the need, demand and desire for this play area and play structure and suggested that neighborhood groups be contacted to see if there is a willingness to help plan and to communicate to the Village what they would like and what they would use if a play structure is built. Trustee DiChiara said that he does not want Westchester County dictating to the Village what should be built there. Trustee DiChiara also suggested that we should try to get parents to volunteer and have a "community build" similar to what was done at the elementary school.

Mayor Cindrich said that one of the issues is that the dimensions of the field may not be conducive to Little League.

Village Manager, James Palmer, advised that he and Jeff Econom met with the Westchester County Planning Department and provided them with some recommendations and they will be revising their drawings. Mr. Palmer said that the plan is to have this project go out to bid sometime during the end of the winter and begin construction early spring.

Mayor Cindrich suggested that we speak with the Recreation Superintendent and the Recreation Commission regarding what programs are being used there now and how they are being used to see if the money is worth spending for this location. Mayor Cindrich said that it would be great to have the community buy into this project.

D. Resolution Scheduling an Executive Session

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. scheduling an Executive Session following the close of the 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) Mayor's Reports

Trustee DiChiara advised that a homeowner on West Street was imposed with a $12,000 fine for violations relating to overcrowding and insect infestation. Trustee DiChiara said that the Village will continue to check for violations throughout the community and will continue to take to court and fine those violators. Trustee DiChiara also advised that a home at 71 Maple Avenue has been boarded up because it has been determined to be unsafe. Trustee DiChiara said that the Village took great pains to make sure that the residents who live there were afforded every opportunity to collect their personal items and to find another place to live. Trustee DiChiara said that the Red Cross was contacted, a Spanish speaking officer was also present to advise them of their rights and that Village staff made sure that St. Marks was contacted to assist those in need of a place to live. Trustee DiChiara said that the Village has given the landlord one year to bring the building up to code. Trustee DiChiara said that he and the Board were very disturbed with the headlines in the Journal News since the Village took every precaution so that residents were treated with dignity and given the opportunity to find housing elsewhere.

Mayor Cindrich said that the headline was inflammatory and only served one purpose to promote discord in the Village. Mayor Cindrich said that he spoke with several members of the Spanish community who said that they were impressed with what the Village is doing in helping people who are being exploited and exposing those who are exploited them.

Mayor Cindrich advised that a very moving ceremony was held at the American Legion where five members of the Israeli Defense Force, visiting Mount Kisco, took park in a tribute to the men and women who lost their lives in the Beirut bombing on October 23, 1983. Mayor Cindrich said that the group was very informative, answered questions from the community and we were all very impressed with them.

Mayor Cindrich advised that he attended the recognition of Pastor Frank Vega who has been very active in this community. Mayor Cindrich said that it was very moving and rewarding. Mayor Cindrich advised that he also attended the Italian American Club's ceremony at the Columbus Statute as a way of recognizing all the contributions that Italian-Americans made to this community.

Mayor Cindrich advised that he has been in contact regularly with the new owners of the Grand Union property which will be on the Planning Board's agenda tomorrow evening. Mayor Cindrich urged anyone with questions to please attend the meeting, they are willing to work with the community, have held meetings with residents in the area, are doing great things for this community and the Planning Board will be holding their feet to the fire to make sure that whatever they do will work well for the community.

6) Old Business - None

7) New Business

A. Resolution Authorizing Budget Modifications for Year Ending May 31, 2006

Motion made by Trustee DiChiara and seconded by Trustee Grunthal approving the following Budget Modification:

Resolved, the fiscal year 2005/2006 adopted budget is hereby amended to provide needed appropriations for the following purposes, as follows:

(1) To provide necessary appropriations for the 2005/2006 fiscal year, due to the settled PBA contract, $543,285, to be transferred from the Contingency Account. Note: Allowances were provided in prior years, and are being liquidated as the payments are made to the PBA members in the current year.

(2) To provide estimated appropriations for the 2005/2006 fiscal year for unsettled Clerical Group and Administrative Group contracts, $51,987, to be transferred from the Contingency Accounts.

(3) To provide estimated appropriations for the 2005/2006 fiscal year for unsettled Teamsters contracts, $311,892, to be transferred from the Contingency Accounts.

(4) To provide necessary appropriations to finance the Street Paving Capital Project, $22,503.47, to be transferred from the Contingency Account, plus to clarify for the total project budget of $85,796.03, with the financing difference of $63,292.56 coming from CHIPS state aid.

(5) To provide necessary appropriations for the A1640 Central Garage accounts, $100,533, to be provided from excess Sales Tax and Mortgage Tax revenues.

(6) To provide necessary appropriations for the A5110 Street Maintenance accounts, $54,750, to be provided from unused A5142 Snow Removal appropriations ($28,662) and from unused A8160 Sanitation appropriations ($22,850), with the balance of $3,238 to be provided from excess Mortgage Tax revenues.

(7) To provide minor budgetary corrections within the A1010 Board of Trustees and A1210 Mayor accounts, mostly for payroll timing issues at year-end.

(8) To provide necessary appropriations for the A1230 Village Manager and A8911 Town Manager accounts, $7,289, due to contractual obligations, to be transferred from the Contingency Account.

(9) To provide necessary appropriations for the A1325 Treasurer accounts, due primarily to payout of accumulated leave time, net $7,146, to be transferred from the Contingency Account.

(10) To provide necessary appropriations for the A1420 Legal accounts, $105,145, to be provided from excess Mortgage Tax revenues.

(11) To provide necessary appropriations for the A1440 Engineer accounts, $5,668, to be transferred from the Contingency Account.

(12) To provide necessary appropriations for the A1680 Central Data Processing accounts, $3,964, to be transferred from the Contingency Account.

(13) To provide necessary appropriations for the A1900's other General Government Support accounts, $22,608, to be transferred from other General Government Support accounts.

(14) To provide necessary appropriations for the A3120 Police Department personal services accounts, $67,781, due to retirements and OT for vacancies and injuries, to be transferred from other Police Department accounts.

(15) To provide necessary appropriations for the A6772 Senior Nutrition accounts, due primarily to payout of accumulated leave time and equipment purchased, net $22,625, to be transferred from the Contingency Account.

(16) To provide necessary appropriations for the A8540 Drainage and A8560 Shade Tree accounts $14,981, to be transferred from the Contingency Account.

(17) To provide necessary appropriations for the A9040 Workers Compensation employee benefits account, $67,517, to be transferred from other employee benefits accounts.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution Authorizing the Mayor to Sign Stipulation Agreement with Robert Dagostino

Motion made by Trustee DiChiara and seconded by Trustee Grunthal authorizing the Mayor to sign the Stipulation Agreement between the Village/Town of Mount Kisco and Robert Dagostino, 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 motion was offered by Trustee DiChiara and seconded by Trustee Griffin, Jr. to pay the bills, all in favor.

General Fund $170,465.01

General Fund Claims $168,738.21

Water Fund Claims 641.76

Library Fund Claims 1,085.04

Senior Nutrition Fund 3,926.44

Water and Sewer Fund 61,650.24

Library Fund 5,607.70

Capital Projects Fund 855.00

Trust in Agency Fund 7,467.99

TOTAL $ 249,972.38

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes -

Motion made by Trustee DiChiara and seconded by Trustee Grunthal approving the following minutes:

Public Hearing and Regular Meeting October 10, 2006

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 - None

There being no further business to come before the Board a motion to close the meeting was made by Trustee DiChiara and seconded by Trustee Griffin, Jr., all in favor.

10:45pm

__________________________

James Palmer

Village Clerk

Regular Meeting October 23, 2006 1.

Created by pmaiorano. Last modified 2006-11-08 12:48:14.