| Welcome, Guest | Login |
 |
 |
| home | departments | local info | news | calendar | contact us |
Regular Meeting Minutes - December 4, 2006
Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, December 4, 2006 at 9:10 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 please reflect on why we are here and asked for guidance in the decisions that we make this evening that they will benefit all the people of Mount Kisco.
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 Rabbi Velvi Butman re: Menorah Placement request.
Mayor Cindrich read the letter from the Chabad Lubavitch of Westchester County requesting that the Menorah be placed near the War Memorial in front of Village Hall. Because of last year's vandalizing incident The Village Board of Trustees was recommending that the Menorah be placed on Village property in the vicinity of 40 Green Street near the Police Department and Justice Court Complex.
Rabbi Butman stated that he truly believed that going else where is going to send a bad message. Liberty and democracy is not changed over the fact that vandals and terrorist would like us to go elsewhere. I truly believe going elsewhere is going to give a bad message, if you are going to hurt us and you stop us from practicing freedom and democracy we are going to duck and run somewhere else. I don't think that's the message of the Menorah, nor do I think it's the American Way of dealing with this issue. He thanked the Village Board for their help and cooperation throughout the many years.
Trustee DiChiara stated that several months ago Trustee Markus and he were charged with trying to come up with a policy on what to do with symbols of faith and where to allow them in Mount Kisco. It was discussed amongst the Village Board and we would prefer that these symbols be place over by the Police Department and Justice Court and that's where as a policy the Village Board is going to grant the placement of these symbols at the holiday time. The area is a well traveled part of town it's very visible and it provides safety and it tells people that we will protect these symbols and we will support the placement of them on Village property. We seriously considered and looked at some research on not placing any of these symbols on the lawn. We want to try to establish a policy and see how it works on placing them over by the Police Department and Justice Court.
Rabbi Butman stated that he was not sure that we can do this at this late hour changing the placement of the Menorah it would have to be done over the course of time. The Menorah has been here for 13 years, perhaps in the beginning it should have been placed over at the Police Station. I prefer Main Street it has more exposure. The reality is we live in a world where people are trying to hurt us, people try to hurt the Menorah, people try to hurt the Nativity Scene this is not a secret. The Twin Towers were taken down we are not rebuilding them any where else, we are rebuilding them right there. We are going to send a message that America does not buckle and cave into vandalism and terrorism. In Scarsdale the Menorah was vandalized a couple of times and it wasn't moved. If the Board is concerned for damages we will be willing to wave it.
Trustee DiChiara stated that he was not willing to read any more articles about the Village of Mount Kisco's vandalized Menorah. I don't want that to be Mount's legacy. He would rather see that the Mount Kisco Village Board wants to protect the Menorah and will place it in a place of security where it can be watched and that the Village Board will protect people's rights to celebrate their beliefs.
Rabbi Butman stated that all the stories on last year's vandalism noted how quickly Mount Kisco moved to replace the Menorah. To him that message was far more powerful. We should put it were it was and move it towards the center of the street where it is more visible to the public. The over all question is, do I go with freedom and democracy or do I go with the concerns of protecting something and let me hide. I personally would go public and stay where I am and if I have to I'll fix it but I will not retreat and give into vandalism.
Trustee DiChiara stated that he didn't think it was any less public on Green Street.
Trustee Griffin, Jr. stated that you have the freedom to put your symbol of your religion on a public place that's well viewed in Mount Kisco and that is safe and well protected. He stated that he felt that the Police Station was more than an adequate place for that.
Rabbi Butman stated that the very notion that we had it for twelve years on Main Street and now moving it clearly begs the question, why the move?
Trustee DiChiara stated that he and Rabbi Butman had extensive conversations about this last year, because we considered moving the location last year so it is not directly a reaction to vandalism it was something that we were moving to all along. What is our policy and where do we move these things in Mount Kisco.
Rabbi Butman appreciated the Board's concern and from his point of view he is willing to keep it there even if it is going to cost him $2,000 if somebody hurts it. The other issue is a legal one, he was not sure at this late hour to switch, perhaps for next year we will have enough time to sit down and figure something out.
Trustee DiChiara stated that he thought that if there was a policy in place you would have to have hearings to change it. But there really was never any policy, the Menorah was there and quite frankly over the last couple of years the Village Staff has taken care of it more than the Chabad Lubavitch of Westchester County (Lighting the candles, replacing the bulbs and storing it in the basement).
Rabbi Butman stated that those were side issues the real issue was do we retreat, do we move. He really asked the Board on both a legal level and being kind about it to allow it to up put it up on Main Street and if we need to after Chanukah I would be more than happy to come in a sit down and see what we have to do. I don't think Mount Kisco is a place where you have to go to the Police Station for safety.
Trustee DiChiara stated that there is two ways to look at this, Mount Kisco is willing to protect it and we are willing to put the Menorah in a place that is part of the Mount Kisco community.
Trustee Markus stated as a matter of clarification all religious symbols will be placed at the Police Station.
Trustee DiChiara stated that he appreciated Rabbi Butman's sentiments and appreciated him coming to tonight's meeting.
Trustee DiChiara made a motion to place the Menorah in the vicinity of the Police Station and Justice Court with the stipulation that the Chabad Lubvitch of Westchester County assigns someone to turn the light's on and off as well as removing it at the end of the holiday season.
Rabbi Butman stated that he would be willing to meet the Board half way. We will get you all the things you requested in the stipulation, let us celebrate a bar mitzvah where we grew up. We didn't grow up at the Police Station we grew up on Main Street, USA and I would like America to stand behind Main Street USA.
Trustee Griffin, Jr. stated that he appreciated Rabbi Butman's sentiment however, he felt that the fact that we allow religions to display there symbols of their holiday's on public property is in itself a sign of freedom, and a sign of not giving into vandalism or hatred.
Trustee Griffin, Jr. seconded Trustee DiChiara's motion to place the Menorah at the Police Station and Justice Court.
Rabbi Butman stated that when the reporters ask why did we moved the Menorah this year, our answer is not going to be that we moved it for democracy and freedom, that happened 13 years ago when we had the Menorah.
Trustee Griffin, Jr. stated that the Village Board felt that that would be the most appropriate place for religious symbols of the holiday.
Mayor Cindrich stated that there was a motion and a second. On the question.
Trustee Markus stated on the question. He would like to amend the motion to include that all religious symbols be placed at the Police Department and Justice Court.
Rabbi Butman stated that this matter does get involved in Constitutional Law and he was not a lawyer. But he would please ask that the Board double check the Law so that we are all on the same page. Let's leave the Menorah in front of Village Hall and next year we'll revisit the issue.
Mayor Cindrich stated that he was voting no on this issue. As he expressed last year he didn't want this controversy. He was satisfied with both the Menorah and Crche being here. He is voting no, so there is a controversy already. His issue is that this is an ecumenical tolerant community and what he was opposed to was multiple symbols of any degree of religion in the entire community. I think there should be a Menorah displayed on public property, a crche or a moon. We are an ecumenical diverse tolerant community. There is a motion and a second and that's where we are going.
Trustee Grunthal stated there were two issues here the first being do we give way to vandalism. He agreed with Rabbi Butman it would be wrong to move the religious symbols from where they are, where they have been on Main Street. That is the preferable place they are in front of Village Hall they make a statement about the Town. I am however, concerned about something else one of the members of this Board threw out the idea a couple of years ago that it would be nice if one of our local Jewish Congregations put up the Menorah and gave it its due festivities. One of our Hebrew Congregations did just that they made an application last year. My own feeling is that we should only have one religious symbol from each religion and I think we should give preference to an organization that is local rather to an organization, however well meaning, that wishes to place Menorah's in different parts of Westchester County. As much as I respect what Trustee's DiChiara and Markus are saying my own feeling is that I would like see us give permission to a local congregations to place a crche and a Menorah where ever they want to place them, but I would not want to give permission to any other organization if that religion is all ready covered.
Rabbi Butman stated that we have been here for 13 years, we are not an outside organization. He also took a strong offense to Trustee Grunthal's statement. He was not an outsider. He served this community very nicely throughout the years. All the Mayor's throughout have been very kind. This is the first time he has heard any public official say anything negative about it.
Mayor Cindrich stated that if Rabbi Butman was acting in concert with one of the local synagogues and during this process you had dialogue with another Rabbi from one of the local synagogues it would have been beneficial to us. It didn't happen and this is where we are at.
Rabbi Butman stated that it did happen. He confidentially sent somebody from the Mount Kisco Hebrew congregation to its Rabbi and he clearly stated that the Rabbi was actually very upset that he heard that it became a controversy to the contrary. He didn't mean to hurt anybody's feelings and he sent a personal message to the contrary. He wants to do an additional one, but in no way to hurt anybody that was here before. He added that this was not about exclusive rights, recognition or publicity.
Trustee Markus asked if we had a letter from the local congregation.
Trustee DiChiara stated that the Village Board had received the request from the Hebrew Congregation several months ago and the Village Board approved the request for them to place a menorah at the Police Station.
Trustee Markus stated that as a practical matter there comes a point in time when somehow we have to manage all of these religious symbols. As a practical matter if there were 14 religious symbols of the same religion, how do we manage them all?
Trustee Markus made a motion to amend the motion to include all religious symbols.
Motion Adopted
Mayor Cindrich No
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Abstain
Trustee Markus Aye
Mayor Cindrich said he was not voting no to deny the placement of any religious symbols. He was upset about this whole controvsary and he feels that this should have been resolved a long time ago and possibly with the joining of shoals or congregations and that we work together to make sure it is placed in the appropriate location.
Mayor Cindrich stated that he was not objecting to revisiting this entire proceeding at the next Village Board which will be December 18, 2006.
B. Letter from the Knights of Columbus re: Nativity Scene on Village Property.
Mayor Cindrich read the letter from the Knights of Columbus regarding the placement of the Nativity Scene on Village Property.
Motion made by Trustee DiChiara and seconded by Trustee Griffin, Jr. allowing the Knights of Columbus to place the Nativity Scene any where on the property of the Police Department and Justice Court Complex at 40 Green Street, all in favor.
Motion Adopted
Mayor Cindrich No
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Abstain
Trustee Markus Aye
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 100.9% capacity this afternoon.
B. Request for an Executive Session to discuss pending litigation, personnel and real estate matters.
Motion made by Trustee Markus and seconded by Trustee Grunthal 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) Board Reports:
Trustee Grunthal reported that the Finance Committee met some days ago and we met with Michael Whalen of Whalen's Moving and Storage and he gave us and introduction and recommendation for fleet management so that the Finance Committee could make a report to the Village Board on appropriate replacement schedules for fleets. The Finance Committee has a draft which they will be presenting to the Village Board of Trustees fairly soon.
Mayor Cindrich stated that the committee should request from the Village Manager for some input from some larger municipalities who may have embarked on the same path.
Trustee Grunthal stated that this is being studied for a few meetings now and the report that comes to this board will include the replacement schedules of several other municipalities largely in this area and the report is fairly well documented.
Mayor Cindrich stated that in any endeavor to manage the Village's fleet a structure is necessary because most of the deterioration of our equipment and the short life span is due to the elements and the proper maintenance is not going to take place unless there is an adequate facility for the washing of vehicles and storage of vehicles and equipment during the off season. This is also something the Finance Committee should be addressing. Along with how we are going to fund the building.
Trustee Markus stated that he had a meeting with the members of the Sign Committee, Building Inspector, Patti Tipa and Karen Schleimer. The sign law is being reviewed we are going to propose a local law that will have five zones and the sign law will legislate issues concerning not only signs above stores but also temporary signs on buildings and some other atheistic issues. It is an important law. The Architectural Review Board surveyed the Village and come up with recommendations as to dimensions and distance for sight lines. In terms of its proposed form it's been placed into a readable fashion. We are currently in the process of checking the present proposal that will come to the Village Board at the public hearing to see how much non-compliance there might exist with respect to this proposal. This process should take about 3 to 4 weeks and then we will present the proposal to the Village Board.
Trustee Griffin, Jr. had no report at this time.
Trustee DiChiara had no report at this time.
Mayor Cindrich reported that last evening he attended a celebration of the Mount Kisco Hebrew Congregation it was their 100th Anniversary and he proclaimed yesterday as Mount Kisco Hebrew Congregation Day in the Village of Mount Kisco. It was a well attended and festive affair. The Village has something to be proud of it is such an ecumenical community.
Mayor Cindrich reported that on December 5th we also had the lighting of the tree which was sponsored by the Chamber of Commerce and private entities in the Village for a number of years.
Mayor Cindrich reported that the Village's FREE Holiday Parking Program for all short term duration meters designated as 1 hour; 2 hour and 4 hour metered spaces from Friday, December 15th through January 1, 2006. Park FREE for 1 hour in a one hour meter, 2 hours in a two hour meter and 4 hours in a four hour meter. Car tires will be chalked in these parking areas. All 12 hour metered spaces will NOT be included in this program and will be strictly enforced.
At this time the Village Board of Trustees adjourned the Regular Village Board meeting for a five minute recess.
6) Old Business
A. Barghout Annexation Request.
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. to adopt the negative declaration that the proposed action will not result in any significant environmental impact, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
DETERMINATION AND ORDER PURSUANT TO ARTICLE 17
OF THE GENERAL MUNICIPAL LAW OF THE
BOARD OF TRUSTEES OF THE VILLAGE/TOWN OF MOUNT KISCO
REGARDING THE PETITION FOR ANNEXATION SUBMITTED
BY JAD M. BARGHOUT AND JAMIL M. BARGHOUT
WHEREAS, a petition, pursuant to General Municipal Law Article 17 was presented to the Board of Trustees of the Village/Town of Mount Kisco (“Mount Kisco”) for the annexation of certain territory in the Town of Bedford (“Bedford”), said territory being described in said petition which is annexed hereto as Exhibit A; and
WHEREAS, said annexation petition was submitted by Jad M. Barghout and Jamil M. Barghout (“Petitioners”) and was signed by (i) at least twenty percent of the residents within said territory qualified to vote and/or (ii) by the owners of a majority in assessed valuation of the real property in such territory; and
WHEREAS, said territory proposed to be annexed to Mount Kisco is depicted as Lots 1.1, 1.2 and 1.3 on a certain map entitled “Map Showing Ramleh Subdivision Situate in the Town of Bedford and partly in the Village/Town of Mt. Kisco, Westchester County, State of New York” made by H. Stanley Johnson, Land Surveyor, and filed in the Westchester County Clerk's office, Division of Land Records, on August 23, 1988 as Map No. 19635; and
WHEREAS, the proposed annexation is an Unlisted Action as defined under the New York State Quality Review Act, a short Environmental Assessment Form has been submitted, Mount Kisco and Bedford are the only involved agencies, and coordinate review of this action is not required; and
WHEREAS, a joint hearing of the Town Board of Bedford and the Board of Trustees of Mount Kisco collectively constituting the governing Boards of the local government was duly held in accordance with the requirements of General Municipal Law Article 17 at the Bedford Town House, 321 Bedford Road, Bedford Hills, New York on the 27th day of September, 2006; and
WHEREAS, in accordance with General Municipal Law 704, Mount Kisco did cause a notice of such hearing to be:
(a) published once in its official newspaper,
(b) mailed to the school authorities for the Bedford Central School District, and
(c) mailed to the Board of Commissioners of the applicable fire district.
Such aforementioned notices were in addition to and independent of any notice provided by Bedford.
WHEREAS, during such duly convened joint public hearing Petitioners, members of the public, representatives from the respective governing Boards of Mount Kisco and Bedford and all parties interested in the matter were given an opportunity to be heard and all objections presented; and
WHEREAS, after various documents, maps, testimony, questions and comments were received, said public hearing was closed and certain supplemental materials were submitted by Petitioners shortly thereafter; and
WHEREAS, the Board of Trustees of the Village/Town of Mount Kisco has reviewed all the documents and materials submitted by the Petitioners, has considered the testimony and documentation of all interested parties, received counsel on the applicable law and given due deliberation of pertinent issues,
NOW, THEREFORE, be it resolved that the Board of Trustees of the Village of Mount Kisco determines as follows:
1. That the foresaid petition for annexation substantially complies in form and content with General Municipal Law Article 17,
2. That after considering all the testimony adduced at the public hearing, reviewing the petition, receiving feedback from the applicable school districts and fire districts and various governmental officials from both Mount Kisco and Bedford, the Village Board of Trustees determines that the proposed annexation is not in the overall public interest (i) of the territory proposed to be annexed, (ii) of the local government to which the territory is proposed to be annexed, (iii) of the remaining area of local government in which such territory is situated, and (iv) of any school district, fire district or other district corporation, public benefit corporation, fire protection district, fire alarm district or town or county improvement district, situated wholly or partly in the territory proposed to be annexed for the following reasons:
(a) General Impacts. There does not appear to be any significant overall benefit for the public that will be achieved or effectuated by virtue of this annexation.
(b) Sewer/Septic. Existing agreements between the Village of Mount Kisco, County of Westchester and City of New York expressly preclude the expansion of Mount Kisco Sewer District beyond the municipal boundaries as same existed on the 29th day of March, 1985, the date of the last revised agreement between said parties. Accordingly, this territory cannot receive the benefit of sewage service from Mount Kisco even in the event of annexation.
(c) Water Supply. The provision of water services will likewise not be altered by virtue of the annexation. Connections to Mount Kisco's water service are permitted within and without the corporate boundaries of the Village based upon accessibility (1,000 feet) to an existing main and a determination by the Village Engineer that there is sufficient water supply within the Village (see Village Code Chapter 103). Accordingly, annexation will not facilitate any greater provision for water service, and may potentially create an undue burden on Mount Kisco's public water supply.
(d) School Districts. Mount Kisco and Bedford share the identical school district (i.e., Bedford Central School District). Therefore, nothing will be achieved by the proposed annexation as relates to school districting. This is expressly acknowledged in the annexation petition.
(e) Fire and Emergency Service Districts. Notwithstanding the fact that the Bedford Hills Fire District has indicated that it can continue to provide adequate fire protection to the territory proposed for annexation and further notwithstanding the Mount Kisco Fire Districts' willingness to provide mutual aid, Petitioners misapprehend the scope of the annexation law. Pursuant to the General Municipal Law, Town Law, Village Law, case law, and New York State Attorney General's opinions, it is well settled that this proposed annexation from Bedford to Mount Kisco will have no affect on the boundaries of any fire district located within the territory (see GML 716 (12) and (13), Town Law 182 and Article 11 generally, and Op. Atty.Gen.[Informal 90-59], Op.Atty.Gen. [Informal 89-19] and Op. Atty.Gen. [Informal 2002-14], Town of Plattsburgh v. Town of Saranac, 274 AD2d 852 (3rd Dept.), leave denied, 95 N.Y.2d 768 (2000) and Miller v. Savage, 237 A.D.2d 695 [3rd Dept., 1997]). The aforementioned authorities clearly establish that a fire district is a political subdivision of the State, and its boundaries do not change when a town's boundaries change. Therefore, nothing would be gained as far as increased fire protection if the proposed annexation were authorized.
(f) Road Maintenance and Access. Turner Lane is located partially in Mount Kisco, partially in Bedford and partially in the Town of New Castle. As presented at the public hearing, Bedford already maintains its portion of Turner and Mount Kisco maintains its portion. The proposed annexation would not simplify or improve efficiency with regard to maintenance in that one must leave the Village of Mount Kisco and travel through the Town of New Castle prior to arriving at that portion of Turner Lane within the territory proposed for annexation. Having to leave the corporate limits of Mount Kisco and enter into another municipality prior to re-entering roads within Mount Kisco is problematic and something which is generally avoided by Mount Kisco in implementing sound planning principles. While the Petitioners may view this as having an incidental benefit to them, it creates a multitude of logistical and liability issues for Mount Kisco.
(g) Impacts on Adjoining Properties. The territory proposed for annexation appears as a portion of a subdivision referenced earlier in this resolution. Based upon the map notes, documents and testimony presented at the hearing, there is a question as to whether or not these lands can even be further developed or subdivided in light of the applicable conservation subdivision regulations.
Irrespective of the issue above, Mount Kisco has grave concerns as to the future development of these lands and its impact on remaining lands within Bedford. This territory and the adjoining lands are part of a residential subdivision in the Town of Bedford known as Ramleh, currently known as Deer Ridge and the Petitioners herein were the principals of said development corporation. As required by law, an offering plan was filed specifically identifying on its cover a “Special Risks” section. Expressly set forth in this “Special Risks” section (page 3) is a identification and acknowledgment that health regulations of the State of New York and County of Westchester prohibit the installation of a septic system in any area declared as a watershed area, said term being defined as a 200 foot circumference around the pump station. Mount Kisco believes this information is either erroneous or outdated and that the proper terminology should be a radius of 200 feet, not a circumference. By present standards, the New York State Sanitary Sewer Code prohibits individual septic systems from being within 100 to 200 feet of a water supply, depending upon certain conditions. Given the concerns regarding separation requirements for this potable public water supply, coupled with the Village's inability to provide sewer service, clearly suggest that this territory's nexus with the adjoining lands (Town of Bedford) is much more substantial that its connections with Mount Kisco, and as such, should remain under its existing jurisdiction.
(i) Taxes. While the Petitioners speculate that taxes will be less in Mount Kisco for the home owners, there is no evidence presented in this petition to convince the Village Board of Trustees that any environmental, fiscal, educational or health and safety benefits accrue to Bedford, Mount Kisco and/or the subject territory if annexation were authorized.
Based upon the foregoing, the Village Board of the Village/Town of Mount Kisco hereby declares that the proposed annexation is not in the overall public interest and that said petition is denied.
NOW, THEREFORE, be it further ordered that the Village Manager is directed to present for signature this written order to the Board of Trustees reflecting its determination and file copies thereof, together with copies of the agreement, if any, the petition, the notice, the written objections, if any, and testimony and minutes of proceedings taken and kept on the hearing, in the offices of the clerks of all the affected local governments.
On the motion of Trustee Griffin, Jr. seconded by Trustee Markus, the foregoing resolution, 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 only relief that would benefit Mr. Barghout as far as the Village Board was concerned would be the availability of the Mount Kisco Sanitary Sewer Lines and it is our position that those sewer lines based on agreements with New York City and Westchester County and the City of Yonkers those sewer lines can not be extended even if we did annex additional property. This has been debated and we are firm on that opinion.
Mr. Jad Barghout stated that the Village Board missed the most important reasons for annexation, which was approved by the Supreme Court. #1 you missed to discuss access, my property has no access to the Town of Bedford the only access I have is to the Village of Mount Kisco. In fact during the public hearing three letters were submitted to the Supervisor's which were inaccurate and misleading. For example the letter from the Superintendent of Highway reads “Turner Lane is a public road situated in the Town of Bedford”. That is wrong, Turner Lane is in the Village of Mount Kisco only a small portion of it is in the Town of Bedford. Further more he states that the length of the road is 280 feet. He is wrong the road is 102 feet. There is no access. You failed to address the issue of safety which is extremely important. The Supreme Court states where there is two fire engines within 1.2 miles and the other is within 4 or 5 miles the Supreme Court ruled in favor of the annexation because of safety concerns.
Mayor Cindrich stated that all these arguments have been taken under consideration, and the fact of the matter is, there is a Mutual Aid Agreement that exists in all of Westchester County and if there was a fire of any significance the Mount Kisco Fire Department would responded immediately upon the Bedford Fire Department's request.
Mayor Cindrich stated that the Village Board has made their determination, we have heard the arguments, you have relief in another venue and you have options.
Mr. Barghout responded I will see you in court.
7) New Business
A. Resolution authorizing the Village Manager to sign the Verizon Cable Franchise Agreement dated December 4, 2006.
Motion made by Trustee Markus and seconded by Trustee Grunthal hereby authorizing the Village Manager to sign the Verizon Cable Franchise Agreement dated December 4, 2006, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
B. Resolution authorizing the Village Manager to sign the Westchester County Prisoner Transportation Agreement for 2007/2008.
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. hereby authorizing the Village Manager to sign the Westchester County Prisoner Transportation Agreement for 2007/2008, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Board, Committee and Commission Term Expirations December 4, 2006.
Resolution appointing Suzanne Grant to the Conservation Advisory Council.
Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Suzanne Grant to the Conservation Advisory Council term to expire 12/7/2009, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Lawrence Leibowitz to the Board of Ethics.
Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Lawrence Leibowitz to the Board of Ethics term to expire on 12/7/2009, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Anthony Sturniolo and Ralph Vigliotti to the Planning Board.
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Anthony Sturniolo and Ralph Vigliotti to the Planning Board terms to expire on 12/7/2009, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Roy Sartorius to the Recreation Commission.
Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Roy Sartorius to the Recreation Commission term to expire on 12/3/2013, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Robert Marino to the Zoning Board of Appeals.
Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Robert Marino to the Zoning Board of Appeals term to expire on 12/3/2013, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Eva Marshall and John Marshall to the Landmark & Historical Preservation Commission.
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Eva Marshall and John Marshall to the Landmark & Historical Preservation Commission term to expire on 12/7/2009, all in favor.
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
Village Board Meeting Schedule 2006/2007.
Motion made by Mayor Cindrich and seconded by Trustee DiChiara scheduling the following Village Board meetings as follows:
December 18, 2006
January 2, 2007
January 16, 2007
January 29, 2007
February 12, 2007
February 26, 2007
March 12, 2007
March 26, 2007
April 9, 2007
April 23, 2007
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 $126,432.25
General Fund Claims $112,130.51
Water Fund Claims 13,063.90
Sewer Fund Claims 338.14
Library Fund Claims 899.70
Senior Nutrition Fund 2,044.73
Water and Sewer Fund 61,618.12
Library Fund 2,168.72
Capital Projects Fund 5,828.00
Trust and Agency Fund 19,899.08
TOTAL $ 217,990.90
Motion Adopted
Mayor Cindrich Aye
Trustee DiChiara Aye
Trustee Griffin, Jr. Aye
Trustee Grunthal Aye
Trustee Markus Aye
9) Approval of Minutes -