Village Board Meeting Minutes - April 23, 2007

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, April 23, 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 George Griffin, Jr.

Trustee Peter Grunthal

Trustee Anthony Markus

Absent: Deputy Mayor Peter DiChiara

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Mayor Cindrich opened the Village Board Meeting 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 we make this evening that they will benefit all the people of Mount Kisco. He also asked that people remember in their prayers the students and facility who met their demise on April 16^th at Virginia, Tech. He also asked that the Police Officers who ran towards the danger also be remembered because they will have to live with the images of the carnage for the rest of their lives. This was a catastrophic loss for a number of people and it is a catastrophic loss for this county because they were among the best and the brightest.

Public Hearing

Proposed 2007/2008 Fiscal Budget (Continued)

Mayor Cindrich noted that Village Manager Palmer had received one letter regarding the budget.

Mayor Cindrich asked if anyone in attendance wanted to speak on the budget this evening.

There was no response.

Motion made by Trustee Markus and seconded by Trustee Grunthal to close the public hearing on the proposed 2007/2008 Budget, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

1) Communications:

A. Letter from the Mahopac Volunteer Fire Department.

Mayor Cindrich read the letter dated March 25, 2007 from the Mahopac Volunteer Fire Department. Mayor Cindrich requested that a copy of this letter be placed in each Police Officer's personnel file that was mentioned in the letter.

3) Board, Committee and Commission Reports:

A. Beautification Committee - Spring Clean Up Program.

Mayor Cindrich outlined the letter from the Beautification Committee.

Spring Clean-Up time is here! Once again the Beautification Committee is asking civic organizations to volunteer to pick up litter in one of the areas listed below.

Please select an area before May 10^th and contact Joan Stewart at 666-5259 to confirm that location so that each spot is covered and there is no duplication. The Village has insurance which covers volunteers. Please arrange with your group to complete the clean-up by May 30^th so that the Village will be litter free for the annual Memorial Day Parade to be held on that day. Litter bags and gloves may be picked up in advance at the Joan Stewart's home: 46 ward Avenue. Please call Joan at 666 - 5259 prior to the date of pick up or to arrange delivery.

Kisco Avenue Parkway entrances/exits select either the East Side or West Side

Kisco Avenue Parkway to Preston Way Both Sides

Kisco Avenue Preston Way to Rt. 133 Both Sides

Preston Way Kisco Avenue to Rt. 117 Both Sides

Route 133 Kisco Avenue to South Moger Avenue light Both Sides

Kirby Plaza

South Moger Avenue Parking lot

Lexington Avenue Select Lieto Drive to Moore or Police Station to Moore

Lexington Avenue Moore to 117 Select either the East Side or West Side

Main Street Moore Avenue to Lexington Both Sides

Main Street Moore Avenue to Crane's Furniture Both Sides

Radio Circle

Blackeby Parking Lot

Police Station and Court House

Route 117 Rt. 133 to Barker Street Select either the East Side or West Side

Route 117 Barker Street to Preston Way Select either the East Side or West Side

Please contact Joan Stewart at 666-5259 by May 10, 2006 to advise her of the area you will clean up, date of clean up, contact person and phone number.

The Committee looks forward to hearing from you.

4) Village Managers' Report -

A. Level of Byram Lake and Water Distribution System.

Village Manager James Palmer advised that due to the recent rain fall the level of Byram Lake is at 100.8%. The daily average pumpage for the month of March was 1,651,250 million gallons per day, and the Saw Mill Pump Station inflow averaged 1,650,148 million gallons per day and the outflow averaged 1,640,984 million gallons per day.

B. Byram Lake Monthly Report: December 2006.

Village Manager, James Palmer, provided the Board with a copy of the March, 2007 monthly Byram Lake Report provided by BLU DOT, Inc.

Month Total Rain inches 4.31

Month Max Level ft. 0.19

Month Min. Level ft. -0.41

Month Max Capacity 100.8

Month Min. Capacity 97.5

C. Bid Results 2007-04 Library Demolition & Abatement.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to enter into a contract for Demolition and Abatement relative to the Library with Standard Demolition Services, Inc. subject to the final review and required insertions of provisions that are recommended and needed by the Village Attorney. The base bid amount is $226,430.00, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Annual Hydrant Flushing Program.

Village Manager Palmer advised that the Village will be flushing the water distribution system beginning on Monday, April 30, 2007 and will continue for approximately three (3) weeks. The flushing will be done Monday through Friday between the hours of 9:00 am and 3:30 pm.

Village Manager Palmer stated that he wanted to publicly thank all the Village employees and especially the Highway Department and the Water Department for their quick responses and their actions for the storm that we had last weekend. They made themselves readily available and they worked around the clock to limit the damages from the storm.

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

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus, 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 Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports:

Trustee Grunthal stated that he had the pleasure of joining Village Manager Jim Palmer and Assistant Village Manager/Engineer Jeff Econom at a meeting about 10 days ago of the Westchester Municipal Officials Association. The speaker on that occasion was Fred Zalcman, Executive Director of the Pace Energy project at the Pace Law School Environmental Program. Mr. Zalcman spoke about what we as a government could do about global climate change. He discussed global warming and how it is affecting several parts of the world as well as us in Northern Westchester. He discussed actions we can take and they included Village government taking the lead in making sure that buildings are green, environmentally sound and that we do efficient lighting throughout our Village buildings and streets. Also the use of hybrid vehicles to save on carbon emissions. We definitely have a green light and much encouragement at this stage to do what is right for the environment and try to preserve Mount Kisco and Westchester County for future generations.

Trustee Griffin, Jr. reported that after the recent rain event he toured the Village of Mount Kisco a number of times and we did very well compared to other communities in Westchester County. Leonard Park was flooded severely, however there wasn't any damage to the near by buildings and the water has drained. The flooding issue in Leonard Park is something that the Building and Grounds Committee will have to address in the future.

Mayor Cindrich stated that he worked at his other position during the recent rain event and the sound shore was devastated. Some streets had 5 or 6 feet of water, we have collapsed road, we have houses leaning, we have people still living in shelters. I returned to Mount Kisco about 4:00 am on Monday, and I was pleasantly surprised. There was some flooding on Rt. 117, Shoppers Park Parking Lot, and also Leonard Park. But I was glad to see that the new culverts that the County recently built remained in tact and that the water had not crested in that area of Lexington and Lieto. Kisco Avenue didn't sustain the damage that it did during Hurricane Floyd. I think we faired extremely well and we are going to take credit for that. Because approximately 2 � years ago he and members of this Board spent a considerable amount of time with Carmine Labriolla of Real Life. They all went out into the field and identified problem drainage areas. We awarded a small contract to Real Life and which relieved some of the drainage issues that had existed in Mount Kisco and since that work had been done we have not incurred a significant amount of flooding. We have more work to do, we have money in the contingency area of the budget and hopefully things will go well in the Village in the next year and we will be able to fund the additional projects for storm water mitigation and we'll be even more successful in reducing some of the potential for flooding. This recent storm was about 7 or 8 inches of rain, and for a flood prone community we faired exceptionally well. He thanked the Highway Department Staff for all their hard work during the storm.

Mayor Cindrich reported that he had a brief conversation with Commissioner Landi and County Board of Legislators Chairman Ryan. Mayor Cindrich expressed his concerns to them both and he told them that he had a delegate that worked for County Executive Andy Spano who would assist him in lobbying his causes that maybe beneficial to us in the near future.

Mayor Cindrich reported that on Saturday, May 12^th the Sisqua Council of the Knights of Columbus will be honoring Village Manager, James Palmer as the Civic Leader of the Year. Mayor Cindrich congratulated Mr. Palmer and requested that the information regarding the dinner dance be posted on the Village's web site.

Mayor Cindrich stated that on Sunday morning he participate in the National MS fund raising 6 mile walk, through the beautiful City of Rye. His son Fred and his daughter-in-law Regina were co-captains of “Team Cindrich” and we raised over $12,000 for MS research. The majority of the people had some connection to Mount Kisco, which he was very proud of.

Mayor Cindrich reported that also on Sunday he had presented Reverend Will Porter with the following proclamation:

WHEREAS, Reverend Will Porter was Pastor of the United Methodist Church from 1973 to 1989; and

WHEREAS, Reverend Will Porter was instrumental in the merger of the Bedford Hills United Methodist Church into the Mount Kisco Church, he was also responsible for initiating the rebuilding of the North Steeple along with getting the sanctuary and parsonage placed on the National Registry of Historical Places; and

WHEREAS, Reverend Will Porter has supported many programs such as the Boys and Girls Club, the Mount Kisco Day Care Center and the Salvation Army; and

WHEREAS, together with his wife Shirley Porter have published the “Methodist Memoirs and Village Vignettes”; and

WHEREAS, the members of the parish and the residents of the community have been fortunate and privileged to have Reverend Porter in their midst, and have benefited greatly from his guidance and participation, not only in the activities of his parish but in the growth and welfare of the community as a whole;

NOW, THEREFORE, I, J. Michael Cindrich, Mayor of the Village/Town of Mount Kisco join with the residents of the Village and surrounding area in thanking Reverend for his outstanding service and hereby proclaim Saturday, April 21, 2007 as Will Porter Day in the Village/Town of Mount Kisco.

Mayor Cindrich reported that on Saturday morning the Village's new Congressman John Hall was here in Village Hall for a Town meeting. It gave us an opportunity not only to get the pulse of the community, but we could absorb what people in our geographical area are expecting from the government. The issues of global warming, being energy conscious of what's going on with oil prices, conservation and a number of other issues. Congressman Hall has been here a number of times and he is aware of our needs. I found the meeting very informative and I thank my fellow trustees for attending the meeting.

6) Old Business -

A. Resolution to Transfer Surplus Fund Balance to Capital Reserve Fund.

Whereas, the Board of Trustees is authorized to designate certain sources of moneys to be transferred to reserve funds, and

Whereas, the Board of Trustees has previously established a Capital Reserve Fund to finance all or part of the cost of construction, reconstruction or acquisition of a type of capital improvement or acquisition of a specific item or items or type of equipment, and established an Open Space Reserve Fund for the purpose of accumulating moneys to finance the cost of acquisition of land or rights in land for open space preservation, now therefore be it

Resolved, the surplus unreserved and undesignated fund balance in the General Fund as of May 31, 2006 in amount of $1,095,031 shall be transferred to the Capital Reserve Fund (in the amount of $1,045,031 and to the Open Space Reserve Fund in the amount of $50,000, and be it further

Resolved, through fiscal year 2007-2008, rental revenues from the Old Post Office Building shall be deposited into the Capital Reserve Fund, and rental revenues from the former Mount Kisco Ambulance Corps Building at Kirby Plaza (Mario's Pizza) shall be deposited into the Capital Reserve Fund.

Motion made by Trustee Grunthal and seconded by Trustee Markus, adopting the above Resolution to transfer surplus fund balance to capital reserve fund, all in favor

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Resolution regarding Election of Fire Chiefs.

Mayor Cindrich read the following resolution into the record.

WHEREAS, George Rubin JR., Secretary of the Convention for Nomination of Fire Chiefs, has reported the following members of the Mount Kisco Fire Department:

Richard Hardy Jr.

Alfredo Bueti

Michael Boles

Thomas Jackson

Are duly certified to hold the office of fire Chief or Assistant Fire Chief in accordance with the convention of the Mount Kisco Fire Department,

WHEREAS, James A Morgans Secretary of the Convention for the Nomination of Fire Chiefs, did file affidavit of the results of the Convention of Fire Chiefs with the Clerk of the Village/Town of Mount Kisco, New York and, The Board Of Fire Commissioners;

WHEREAS, Said affidavit certifies that the aforementioned members of the Mount Kisco Fire Department have been nominated by that Convention;

NOW; BE IT RESOLVED, That the Board of Fire Commissioners of the Town/Village of Mount Kisco, New York, do hereby accept and approve the results of the Convention for the Nomination of Fire Chiefs, and also;

BE IT FURTHER RESOLVED, that the following appointments to the Board of Fire Chiefs are duly approved for a term of one year, effective April 17, 2006

Richard Hardy Jr. - Chief of Department

Alfredo Bueti - First Assistant Chief

Michael Boles - Second Assistant Chief

Thomas Jackson - Third Assistant Chief

Motion by: John Yantos Seconded: John A Marshall III All members voting aye, Attending Commissioners, Raymond 7accari, John Yantos, John A Marshall III.

Mayor Cindrich thanked all the Fire fighter's of this community for their continued volunteer efforts to not serve the community but to protect the community.

Mayor Cindrich added the following item on the agenda which had to do with the Fire Department. He stated that the Union Hook and Ladder Co. had forwarded the name of Gary Ford as a candidate for Fire Commissioner. One of the four Fire Commissioners of this community. Mayor Cindrich stated under the authority given to him under State Law he nominated and appointed Gary Ford as Fire Commissioner. He stated that he needed the approval of the Board and asked for a second. Trustee Griffin, Jr. seconded the motion.

Village Manager Palmer polled the Board with the following results:

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich stated that he hoped we could move on and work through some of the issues that have been going on.

B. Stipulation of Settlement between the Village of Mount Kisco and the Teamsters for the period covering June 2002-2008.

The following motion was offered by Trustee Griffin, Jr. and seconded by Trustee Markus authorizing the Village Manager to sign the stipulation of settlement dated April 13, 2007 between the Village of Mount Kisco and the Teamsters for the period covering June 2002-May 31, 2008, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The following resolution was offered by Trustee Grunthal and seconded by Trustee Markus adopting the 2007/2008 Fiscal Budget, all in favor.

Resolution for Adoption of the Budget for Fiscal Year June 1, 2007 through May 31, 2008

Resolved, that the Preliminary Budget for fiscal year June 1, 2007 through May 31, 2008 is hereby modified by the changes listed on the attached schedule and be it further

Resolved, that the Preliminary Budget, as amended by the attached changes, shall constitute the Adopted Budget for the Village/Town of Mount Kisco for the fiscal year June 1, 2007 through May 31, 2008, and be it further

Resolved, the FY 2007/2008 Adopted Budget shall include the appropriation of $85,000 from the Village's Contingency and Tax Stabilization Reserve Fund as authorized by Section 6-e of the General Municipal Law, and be it further

Resolved, the FY 2007/2008 Adopted Budget shall include the appropriation of $769,000 from the Village's Capital Reserve Fund and $320,000 from the Village's Water Capital Reserve Fund as authorized by Section 6-c of the General Municipal Law and subject to the permissive referendum requirements contained therein, and be it further

Resolved, that the Board of Trustees shall levy a property tax of $12,598,554 (tax rate $80.2456 per $1,000 assessed valuation) on the applicable real property in the Village of Mount Kisco, and shall levy a special assessment property tax of $149,317 on the applicable real property tax covered by such areas.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution authorizing the Village Manager to retain the services of CA Rich Company.

The following motion was offered by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to retain the services of CA Rich Company as requested by the Planning Board to evaluate the proposed mercury remediation for Lot 3 on Morgan Drive not to exceed the amount of $5,000.00, all in favor

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills -

The following motion was offered by Trustee Griffin, Jr. and seconded by Trustee Markus to pay the bills, all in favor.

General Fund 239,865.20

General Fund Claims $220,177.47

Water Fund Claims 13,416.10

Sewer Fund Claims 4,517.90

Library Fund Claims 1,753.73

Senior Nutrition Fund 4,388.00

Water and Sewer Fund 21,105.77

Library Fund 6,093.95

Capital Project Fund 2,427.96

Trust and Agency Fund 6,236.52

TOTAL $280,117.40

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes -

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

Public Hearing and Regular Meeting April 9, 2007

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

10) Non-Local Business - None.

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.

The meeting closed at 9:40 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Public Hearing 2007 - 2008 Budget Cont.

Regular Village Board Meeting

April 23, 2007 1.

Created by pmaiorano. Last modified 2007-05-08 11:30:37.