Village Board Meeting Minutes - January 2, 2007

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Tuesday, January 2, 2007 at 7:30 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 Village Board Meeting, the first meeting of the New Year. Mayor Cindrich wished everybody a happy, safe and productive year. He asked everyone to stand and recite 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. Mayor Cindrich noted that today was a Nation Day of mourning for a war hero, a deceased Commander and Chief, Gerald Ford who can best be described as good man who was willing to make the tough decisions and all of our leaders should have that ability to make the tough decisions and thank god that we do have leaders as past President Ford to serve this country well.

1) Communications: None.

2) Petitions: None

3) Board, Committee and Commission Reports: None

4) Village Manager's Reports -

A. Level of Byram Lake and Water Distribution System.

Village Manager James Palmer advised that the level of Byram Lake was at 100.1% of capacity this afternoon.

B. Update on DOL PESH Inspections.

Village Manager James Palmer reported that the Village of Mount Kisco had received three (3) surprise inspections from the Department of Labor the Public Employee Safety and Health Bureau over this past summer. He along with Jeff Econom have been working with PESH to follow up with their inspections and their determinations. The report was included in the agenda package. The Village takes these inspections and violation notices very seriously and Assistant Village Manager Jeff Econom has worked exceptionally hard to ensure that we have remedied all of the violations. The inspections consisted of three; one here at Village Hall and the violations were minor and related to clarification of posting of some exit signs and the width of the hallway in the basement. The second inspection was for the Highway Garage Facilities. The third inspection from the Department of Labor was for confined space facilities and we haven't yet received any further correspondence from PESH on that. The Village of Mount Kisco did sponsor a Hazardous Awareness program for all Village Employees. They also provided the Village of Mount Kisco with a confined space program.

Trustee DiChiara thanked the Village Manager and the Assistant Village Manager for going through and answering these relatively minor citations from the Department of Labor. It's good to know that Mount Kisco has a relatively clean bill of health and we are following all the proper Department Labor regulations. It was alleged that two workers in the Water Department were required to go into certain spaces. We know that's not true now. I'm glad we've gone through this, we understand what our risks are and we have addressed them and we won't be held hostage by threats from anyone to report us to the Department of Labor as part of any union negotiations ploy. We are operating properly and we are following the Department of Labor regulations.

C. Request for an Executive Session to discuss pending litigation, personnel and real estate matters.

Motion made by Trustee DiChiara 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) Board Reports:

Trustee DiChiara noted that Trustee Grunthal had been working very hard with the Finance Committee this past year. He also noted that Trustee Griffin, Jr. was working very hard with the Buildings and Grounds Committee this past year and that Trustee Markus was working on a sign ordinance. He thanked them all for the work they have done in 2006 and will continue to do in 2007.

Trustee DiChiara noted that two weeks ago he reported that the Village of Mount Kisco had a Taxi Ordinance that required all taxi cabs to have the company's name and a taxi number on the vehicle and that that was still not being enforced. He asked that the Acting Chief of Police look further into this situation. He noted that the Police Department was down two (2) members that need to be hired and we are looking forward to the Acting Chief of Police presenting these candidates to the Village Board so we can get up to full staff.

Trustee DiChiara reported on the Labor Negotiations that are going on right now with the Teamsters. Several weeks ago they were picketing in front of Village Hall. This Village Board has been negotiating in good faith with the Teamsters. As part of the negotiations this Village Board sought out a Fact Finder to issue a report. The Fact Finder has recently issued that report. What the Fact Finder did is he issued a report which included recommendations as far as what wages should be included in the contract also work rules in the contract such as the Village Board shall have the right to adjust the work hours (Saturday work hours were acceptable). The Fact Finder had a full detailed report and in response to the Village Board request that report is now on the Village of Mount Kisco's website (www.mountkisco.org). In order to understand the current negotiations with the Teamster's Union he asked concerned residents to go on line print out a copy of the report which was what the Fact Finder recommended which should be the basis for a settlement of the negotiations. The Village Board has accepted the report of the Fact Finder, who is an independent third party appointed by New York State Public Relations Board. The Teamsters Union has rejected the report. That report has to be the basis for any settlement with the Teamsters Union, because if we did not use that report as a basis for any future contract this Board would be violating its fiduciary responsibility to the tax payers of Mount Kisco. We want to have a fare settlement for the hardworking people in the Water and Highway Departments. They do an excellent job and we appreciate everything they do. However, it is incumbent on this Village Board to have a settlement with the Teamsters that is fare and equabitable to both the Teamsters and to the Village of Mount Kisco. He hoped that people will go on line and down load report.

Trustee Markus stated that the report was made by the Fact Finder after both sides presented their points. Everyone had an opportunity to present their points to the Fact Finder who was independently selected and the report was rendered after everybody had a fair and full opportunity to present all their different points.

Trustee DiChiara stated that this Village Board has reached contract settlements with both the Police Union and the Administrative Group. We are trying to settle all the union contracts and bring all negotiations up to current. The problem with the Teamsters was that we didn't negotiation for two years because there were problems with the Teamsters Leadership and then there were delays internally trying to meet with the Teamsters Union. We have had about over a year of negations and for the past six months we have been involved with the independent fact finder. Now that we have the report we want to use that report as a basis for negotiating a settlement.

Mayor Cindrich stated that the previous administration was unsuccessful in concluding negotiations with both the Police and the Highway Department. We are spending an exorbitant amount of money on professionals to assist us in these negotiations. It's a total waste of time and effort when the simple things we are trying to accomplish is to control some of the exorbitant overtime. The issue is that the money we are spending on attorneys is money that we are throwing away and we are looking to resolve the issue. Village Manager Palmer has much more to do than negotiate contracts on an every day event. So I hope we can come to a resolve and any input from the community after they read the Fact Finder's Report would be appreciated. They could either contact him or Village Manager Jim Palmer.

Mayor Cindrich stated that we have asked the hierarchy of the Police Department and the Chief of Police to present to this Board two individuals to fill two positions that are currently open. The interview process has not been successful in attracting candidates. It's a good job; the starting pay is almost $40,000. So if anyone would like a career in Police Work that is eligible in accordance with the Civil Services Lists or other resign and reinstatement qualifications, please contact our Acting Chief of Police.

Mayor Cindrich announced that Barbara Snyder recently retired from the Library. He wanted to make sure she was recognized for her service to the community.

Mayor Cindrich noted that this past weekend he attended the swearing in ceremony of the new Congressman going to Washington, D.C., Jon Hall. The purpose of his attending that meeting was to make sure we are not forgotten being at the southern end of his Congressional District.

Mayor Cindrich also had an opportunity to meet briefly with the Chairperson of the Westchester County Board of Legislators and he discussed certain problems we are having with the Westchester County Department of Environmental Facilities. The Chairperson is willing to meet with other Board Members and help us resolve this issue. It's something that is long over due and I hope we can arrange a meeting.

6) Old Business

A. Resolution Authorizing Tax Certiorari Settlement (Bank of New York).

Motion made by Trustee Grunthal and seconded by Trustee Griffin, Jr.

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

The Bank of New York 69.81-3-5 2003 (Village)

2004 (Village)

2005 (Village)

2002 (Town)

2003 (Town)

2004 (Town)

69.81-3-6 2003 (Village)

2004 (Village)

2005 (Village)

2002 (Town)

2003 (Town)

2004 (Town)

Whereas, a 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, 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:

69.81-3-5

Assessment Year: Original: Proposed Settlement: Reduction:

2003 $50,000 $50,000 $0

2004 $50,000 $50,000 $0

2005 $50,000 $ 1,000 $49,000

69.81-3-6

Assessment Year: Original: Proposed Settlement: Reduction:

2003 $222,200 $222,200 $0

2004 $222,200 $222,200 $0

2005 $222,200 $221,200 $1,000

Town Proceedings:

69.81-3-5

Assessment Year: Original: Proposed Settlement: Reduction:

2002 $108,700 $108,700 $0

2003 $108,700 $ 1,000 $107,700

2004 $108,700 $ 1,000 $107,700

69.81-3-6

Assessment Year: Original: Proposed Settlement: Reduction:

2002 $400,000 $400,000 $0

2003 $400,000 $399,000 $1,000

2004 $400,000 $399,000 $1,000

7) New Business

A. Resolution authorizing the Village Manager to sign the North East Westchester Special Recreation Interagency Agreement for 2007.

Motion made by Trustee DiChiara and seconded by Trustee Markus hereby authorizing the Village Manager to sign the North East Westchester Special Recreation Interagency Agreement for 2007 in the amount of $4,572.21, 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 NYSDOT Snow & Ice Agreement for 2008-2009.

The following motion made by Trustee Grunthal and seconded by Trustee DiChiara, authorizing the Village Manager to sign the NYSDOT Snow & Ice Agreement for 2008-2009, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution authorizing Levy of Unpaid Outside Village Water Rents.

The following motion made by Trustee DiChiara and seconded by Trustee Markus

Whereas, pursuant to Section 198 of the Town Law and Section 17-1712 of the Village Law, the Mount Kisco Water District (Water District) is administered and managed by the Village Board of Trustees; and

Whereas, the administration and management of said Water District includes the maintenance, operation, enlargement and improvement of said district; and

Whereas, as part of the operation of said Water District, water is provided to properties, for which the Water District is permitted to and does charge; and

Whereas, there exist unpaid water charges on some properties in said Water District: and

Whereas, some of these properties in said Water District exist outside of the boundaries of the Village/Town of Mount Kisco; and

Whereas, the Village Board, pursuant to Section 198 of the Town Law and Section 17-1712 of the Village Law, is empowered to enforce said unpaid water charges.

Now therefore be it resolved, that any unpaid water charges in the Mount Kisco Water District in arrears of thirty (30) days or longer shall be subject to a penalty not exceeding ten per centum (10%) of the amount due; and

Therefore be it further resolved, that the Board may terminate the supply of water to any property with unpaid water charges if such water charges are not paid within sixty days from the date due; and

Therefore be it further resolved, that the Village Clerk, by November 1^st of each years, shall file with the Village Board, and with the supervisors of adjoining towns in which permits have been issued to property owners, statements showing the unpaid water charges in the respective districts and towns and which have not appeared on any such statements previously filed; and

Therefore be it further resolved, that such statements shall contain a brief description of the property upon which the water was used, the names of the persons or corporations liable to pay for the same and the amount chargeable to each, for the purposes of levy and enforcement under “Water Rents”.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The Mayor and Board of Trustees requested that a meeting with Staff, the Village Attorney and the effected property owners be set up to mediate any disputed water bills before any action was taken applying it towards a tax lean of another municipality. The Board didn't want to burden another municipality with this problem.

D. Requested Budget Modifications For FY 2006/2007 Budget.

The following motion made by Trustee Grunthal and seconded by Trustee DiChiara authoring the Budget Modifications for FY 2006/2007 as follows:

Resolved, the fiscal year 2006/2007 adopted budget is hereby amended to provide needed appropriations for the following purposes, as follows:

(1) To provide necessary appropriations in the Village Manager's budget to agree with the corrected salary schedule, $6,725. The Village Manager's contract was approved by the Board of Trustees after the FY 06/07 budget was adopted (+$115). Also, the budget needs to be modified for the applicable VAG settled contract (+4,428). Also, to provide appropriations for a part-time intern, $10,000. To be offset by unused $60,000 set aside for Assistant to Village Manager, and reduced by portions allocated to Water and Sewer Funds. Net $6,725 from Contingency account.

(2) To provide necessary appropriations in the Finance Department (Treasurer's Office, Registrar of Vital Statistics, and Tax Receiver's Office) budgets to agree with the corrected salary schedule due to settled VAG contract ($12,430), plus corrected salary for Registrar after budget was adopted ($5,209), total $17,639 from Contingency account.

(3) To provide appropriations in the Village Engineer budget for a requested field survey of West Street (work performed last March), $4,000, from unneeded appropriations in Public Works Department budget.

(4) To provide appropriations in various DPW and Village Hall accounts for required safety training, $3,923, from unneeded appropriations in Public Works Department budget.

(5) To provide necessary appropriations in the Police Department budget to agree with the corrected salary schedule due to settled PBA contract, including Village share of social security ($503,514) and VAG contract ($3,737), total $507,251 from Contingency account.

(6) For the On-Street Parking Department, to provide additional appropriations for parking meters purchased ($5,700), funded from within the On-Street Parking budget. Also, to provide necessary appropriations to agree with the corrected salary schedule due to settled VAG contract, $4,963 from Contingency account.

(7) For the Building Department, to reclassify appropriations for Assistant Building Inspector Al Trotta from personal services account to outside contracts account ($44,000), and to provide necessary appropriations to agree with the corrected salary schedule due to settled VAG contract ($11,069) and for transfer of an employee from the Assessment Office ($6,725). $11,069 to be funded from Contingency account, and $6,725 to be funded from unneeded appropriations in Public Works Department budget.

(8) To provide appropriations in the Senior Nutrition budget for purchase of a gas furnace for Fox Center, $7,800, to be funded from a NYS grant.

(9) To provide necessary appropriations in the Recreation Department to agree with the corrected salary schedule due to settled VAG contract, $20,113 from Contingency account. Also, to provide necessary appropriations for the purchase of specialized Recreation registration and program software ($5,450), to be funded from within the Recreation budget.

(10) To provide appropriations in the Planning Board ($11,000) and Zoning Board of Appeals ($2,500) budgets for stenographic services, to be funded from unneeded appropriations in the budget for a Public Works Superintendent. Also, to provide necessary appropriations for the Planning Board Secretary to agree with the corrected salary schedule due to settled VAG contract, $2,980 from Contingency account.

(11) To provide necessary appropriations in the Town Justice Court to agree with the corrected salary schedule due to settled VAG contract, $14,509 from Contingency account.

(12) In the Town Assessment budget, to reclassify appropriations for Assessment Clerk from personal services account to outside contracts account ($9,000).

(13) For Public Works, Town Assessment, Village Engineer, Water Administration and Sewer Administration, to correct salary schedule due to settled VAG contract and new positions (Village Manager, Assistant Village Manager). No change in overall appropriations for each department.

(14) To provide additional appropriations for Police Retirement System ($37,076), to be provided from anticipated excess appropriations in the Employees Retirement System account and Social Security account.

(15) “Housekeeping” budget modification to update water capital project budgets to agree with revenues received for such projects - water filtration (project F8320.201, $395,696), water laterals (project F8340.2023, $17,710), New Castle interconnect (project F8340.2037, $37,500) projects.

(16) To establish a capital project budget for Fire House Exhaust Systems (project H3410.2060), $72,514, to be financed by a Federal aid grant.

(17) “Housekeeping” budget modification to update SARA - Buildings & Codes capital project budget (project H3620.2026) to agree with revenues received for such project, additional $23,500.

(18) To update Green Street Bridge capital project budget (project H5110.2046) to recognize receipt of $15,051 received from Verizon for cost of wires moved in a prior year. Also, to modify same capital project budget and Debt Service Fund budget to recognize estimated interest earnings from investments ($35,000) to apply against debt service payment due in FY 2007/08.

(19) “Housekeeping” budget modification to transfer $7 project balance from purchase of dump truck (project H5110.2050) to Street Paving 2006/07 (H5110.2059) capital project.

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 Grunthal, to pay the bills, all in favor.

General Fund $107,363.74

General Fund Claims $106,668.66

Water Fund Claims 152.74

Sewer Fund Claims 63.14

Library Fund Claims 29.70

Capital Fund Claims 449.50

Senior Nutrition Fund 3,424.10

Water and Sewer Fund 4,459.93

Library Fund 3,094.91

Capital Projects Fund 39,828.79

Trust and Agency Fund 21,032.21

TOTAL $179,203.68

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 Griffin, Jr. and seconded by Trustee DiChiara approving the following minutes:

Regular Meeting December 18, 2006

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Abstain

Trustee Markus Abstain

10) Non-Local Business - None

11) Public Comment - None.

Mayor Cindrich and Village Board of Trustees were in agreement that an aggressive approach be taken regarding the Notice of Violation from Westchester County Department of Environmental Facilities dated 12/12/06. Village Attorney Whitney Singleton responded to the letter from Westchester County (correspondence dated 12/22/06).

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

8:30 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Regular Meeting January 2, 2007 4.

Created by pmaiorano. Last modified 2007-01-17 09:47:42.