Village Board Meeting Minutes - March 12, 2007

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, March 12, 2007 at 7:40 pm in the Frank J. DiMicco Board Room, Village Hall, 104 Main Street, Mount Kisco, New York.

Present: Mayor J. Michael Cindrich

Deputy Mayor Peter DiChiara

Trustee George 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 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 we remember in our prayers the family of Michael Volpe who passed away this month. Mike Volpe represented everything good about this community. He gave back to the community immensely as Director of the Boys and Girls Club and also as Superintendent of Recreation.

1) Communications:

A. Letter from Melissa Beristain re: resignation from the Byram Lake Committee.

Mayor Cindrich read the letter from Melissa Beristain dated February 20, 2007. Mayor Cindrich requested that a letter be sent to Ms. Beristain thanking her for her service to the Village of Mount Kisco.

B. Letter from the Memorial Day Committee re: Parade request.

Mayor Cindrich read the letter from Donald Ford and Joan Stewart Parade Committee Chairpersons dated February 26, 2007.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request of the Memorial Day Committee to hold the Memorial Day Parade on Wednesday, May 30, 2007 at 7:00 pm, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Letter from the Mount Kisco Fire Department re: Parade request.

Mayor Cindrich read the letter from Richard Hardy, Jr. Chief of the Fire Department dated March 6, 2007.

Motion made by Trustee Markus and seconded by Trustee DiChiara approving the request of the Mount Kisco Fire Department to hold the Mount Kisco Fire Department Parade on Friday, July 13, 2007 at 7:00 pm and that the Police Department provide the Village Board with a summary of the cost of the parade, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Letter from Cindy Mendel re: Downstate Junior's Volleyball Club Fund Raising request.

Mayor Cindrich read the letter from Mrs. Mendel dated March 8, 2007. Mayor Cindrich noted that the event would take place on MTA property. The Village Board of Trustees had no objections to the fundraising event.

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 99.0% of capacity this afternoon. The daily average pumpage from the Lake was 1,623,571 gallons per day. The Saw Mill Pump Station inflow daily average was 1,304,386 million gallons and the outflow daily average was 1,301,800 million gallons.

Village Manager James Palmer advised that the Blu Dot, Inc. Byram Lake Monthly Report for February 2007 was as follows:

Monthly Total Rain Inches 1.51

Monthly Max Level Ft. 0.07

Monthly Min. Level Ft. -0.38

Monthly Max Capacity 100.1

Monthly Min. Capacity 97.7

Village Manager James Palmer provided the Village Board with copies of proposals that the Byram Lake Committee had received from two vendors after requesting cost estimates for them to review the Byram Lake data that Blu Dot Inc. has been collecting over the past five years. The Village received a proposal from the Chazen Environmental Services, Inc. in the amount of $9,600 and also from the ENSR Company in the amount of $12,018. The Byram Lake Committee is currently reviewing the proposals and they will provide a recommendation which he will provide to the Village Board of Trustees at their next meeting.

B. Letter of Intent Multi-Hazard Mitigation Planning Grant.

Village Manager Palmer reviewed the letter of intent for a grant that the Village will be submitting to the State Office of Emergency Management in conjunction with FEMA for the purposes of developing a hazard mitigation plan. Funds are currently available from New York State through the Federal Government for communities that are updating their hazard mitigation plans. The Village of Mount Kisco has submitted a request for $175,000, the Village's contribution would be $43,750 (25%). Most of the funding would be used to assist us with flooding of the down town area and to enable us to make some improvements to the Saw Mill Pump Station. Hopefully, the State will request some additional information from us and then we can pursue a full blown application.

C. Comminutor Bid Award - Saw Mill Pump Station.

Village Manager Palmer reported that he had provided the Village Board with a copy of the bid opening for two (2) replacement comminutors for the Saw Mill Pump Station. Pursuant to the requirements of the Village's purchasing policy we went out to bid for this equipment and there was only one response received and that was from the Franklin Miller Company. The Franklin Miller Company had originally provided a quote to the Village of Mount Kisco for just under $19,990. In accordance with the Village of Mount Kisco's Purchasing Policy the Village went out to bid on these items and as a result of the bidding process the cost increased to $21,000 per unit. Village Manager Palmer asked the Village Board of Trustees to authorize him to enter into an agreement with the Franklin Miller Company for the purchase of two replacement comminutors for a price between $19,990 per unit and $21,000 per unit.

Motion made by Trustee Grunthal and seconded by Trustee Markus authorizing the Village Manager to purchase two (2) comminutor units at a price between $19,990 and $21,000 per unit, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich requested that a copy of the DePalma Shore Report be given to Assistant Village Manager Jeff Econom to ensure the work we are doing now fits into their program that they laid out for us a number of years ago.

D. Update on the Library Relocation Move.

Village Manager Palmer reported that the Library should have completed its move of the books going into storage by the end of the week. The Library's temporary location on Maple Avenue should be opening by the end of the week.

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

Motion made by Trustee Grunthal 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

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports:

Trustee Markus reported that the Sign Committee is continuing to go through a tedious process of reading through the draft provisions of the sign legislation. We are taking cases that have been presented before the Architectural Review Board to see how it would apply. It is a tedious process we are making some progress. I am hopeful that we will complete it shortly. It is taking a little longer than I had liked, but on the other hand it is somewhat comprehensive and we are doing it among staff without any additional outside legal assistance or other resources.

Trustee Grunthal reported that he attended a meeting of the Byram Lake Committee on Thursday. The Committee reviewed the Chazen and the ENSR proposal. As Mr. Palmer reported earlier it's one of the things that came out of that meeting. The balance of the meeting had to do with further recommendations which we as a group coordinated proposals that I believe Mr. Palmer will bring to this Board in the next couple of weeks.

Trustee Griffin, Jr. reported that the Building and Grounds Committee will be meeting tomorrow night, so he had no report at this time. As the Village's Representative on the St. Patrick's Day Committee he was happy to report as ordered we had a beautiful day for the parade. We had an excellent turnout it was nice to see everybody out. The parade was a great success.

Deputy Mayor DiChiara commented that the Village of Mount Kisco was lucky to have Congressman John Hall attend the St. Patrick's Day parade. He also attended a meeting with John Hall on Sunday with some elected officials and discussed some issues pertinent to the Village of Mount Kisco. One issue in particular was that Congressman Hall made an amendment to a bill in Congress for Sewer Funds and for those funds his amendment suggested that sewer grants favor existing sewer facilities instead of new facilities. Hopefully we will be able to work with the Congressman and his office to try to get some money to help pay for improvements to our sewer system.

Mayor Cindrich stated in reference to the St. Patrick Day Parade this past weekend he wanted to acknowledge the work of the Ancient Order of Hibernians, the Mount Kisco Police Department, the Mount Kisco Fire Department; and the Ambulance Corps. He also thanked the Mount Kisco Highway Department for cleaning the Village. The parade was a success. Honored at the parade was St. Gabrielle Corbally from St. Francis Church, St. Kathleen Fitzgerald from St. Patrick's Church and Kevin Galvin from Bedford Hills. It was a great day and he wanted again to thank all those who contributed.

Mayor Cindrich stated that approximately a week ago the Board of Trustees met in a Work Session Meeting with the Board of Fire Commissioners and the research on the issue of Fire Commissioner is still on going and he had a letter that he read from the Union Hook and Ladder with the concern on the negotiation process.

Mayor Cindrich reported that approximately a month ago he and Village Manager Jim Palmer attended a meeting of the Drug and Alcohol Abuse Prevention Council and the focus of that meeting was on Youths at Risk. Superintendent of Schools, Deborah Jackson wrote a letter to Mayor Cindrich on this subject (which he read). Superintendent Jackson was proposing that we have a bi-yearly meeting to exchange thoughts and to make sure our five (5) communities are on the same page with what we are doing for our youths. The first meeting will be held on March 19, 2007 from 6:00 to 8:00 pm at Fox Lane. Mayor Cindrich asked that Village Manager Palmer attend the meeting along with one of the Board of Trustees.

Mayor Cindrich noted that in the same vain the Police Departments of Bedford, Mount Kisco, Pound Ridge and Lewisboro have announced an initiative aimed at improving efforts to enforce laws designed to protect young people. There mission is to make communities safer for young adults through increased awareness and enforcement. This is a joint operation to deter illegal drinking, drug and alcohol abuse, youth's parties, risk behavior of proms, graduation, cigarette sales and it is a bench mark effort for the various police departments from the various municipalities to work together in this effort, so it is something we can all be proud of.

Mayor Cindrich noted that the County Executive was having a Council for Government Meeting on Thursday, March 22, 2007 at noon on the 9^th Floor of 148 Martine Avenue. He asked if one of the Village Board of Trustees could attend the meeting.

Mayor Cindrich made reference to a letter from the Spain Agency regarding a Seminar on Preventing Law Enforcement Claims. The seminar will cover in detail advanced risk management techniques, preventing law enforcement liability claims, handling internal complaints, policy procedures and review. It's an important topic and he asked that the Chief of Police attend this seminar.

Mayor Cindrich stated that he has been meeting and continuing a dialog with the Trump organization. He has a drawing that is being reviewed by our engineer at this time. I will share it with the Board after I have the engineering review completed. It again has to do with the development that's being proposed in and around Byram Lake, the housing development.

Mayor Cindrich reminded residents that the Fund Raiser for the Library will be on Saturday, March 24, 2007 from 10:00 to 12:30pm. For further information please see the Village's website at www.mountkisco.org.

Mayor Cindrich reported regrettable the Mount Kisco Stop and Shop will be closing in April. This is going to create a hardship for some of our seniors and other people that may walk to this particular grocery store. I have asked the Village Attorney to start doing some research on it. Perhaps we can replace it with another supermarket that will be convenient and in the price range of our seniors and others that may walk to the Stop and Shop or even encourage the Stop and Shop people to stay at that location.

Mayor Cindrich requested that a proclamation be prepared for George Mulvaney whom is being honored by the Ability beyond Disability Foundation as the Humanitarian of the Year.

Mayor Cindrich noted that the Mount Kisco Fire Department met with the Village Manager and Treasurer last week to discuss their budget requests. Mayor Cindrich read the letter from the Mount Kisco Fire Department. Mayor Cindrich requested that the Mount Kisco Fire Department make the same presentation at a regular board meeting so that the public can fully understand what our Fire Companies do.

Mayor Cindrich read the letter from the Northern Westchester Hospital Center dated February 14, 2007 regarding their annual gala event.

Motion made by Mayor Cindrich and seconded by Trustee Markus approving the request of the Northern Westchester Hospital to use Leonard Park for valet parking during their annual gala event this fall, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich reported that County Executive Andrew Spano was initiating a Challenge for a Healthy Community and he was encouraging municipal officials throughout Westchester County to join with the County in the challenge to make each community healthier. From April 1^st through May 15, 2007 community leaders are encouraged to create and implement activities or programs within their municipality that promote healthy living. Mayor Cindrich requested that a letter be sent to the County Executive advising him that we have built a new playing field that we hopefully will dedicate this coming spring. He also added that if there is anyone that would like to challenge any member of the Board in a weight loss contest feel free to contact Village Manager, James Palmer.

Mayor Cindrich read the letter from Robert Dagostino dated March 5, 2007 regarding the vacancy on the Board of Fire Commissioners.

Mayor Cindrich read the letter from the Union Hook & Ladder Company #1 Executive Board dated March 7, 2007.

Mayor Cindrich stated he will take the letters under advisement.

6) Old Business - None.

7) New Business

A. Resolution authorizing the Village Manager to sign the agreement with Westchester County for Telecommuniton Services (Lightpath).

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the agreement between the County of Westchester and the Village of Mount Kisco for access to telecommunications services through the network provided to the County under an agreement with Cablevision, there are no costs associated with this intermunicipal agreement, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution authorizing the Village Manager to enter into a contract with James W. Seawall Company for Tax Mapping Services.

The following motion was made by Trustee Markus and seconded by Trustee Grunthal, authorizing the Village Manager to enter into a contract with James W. Seawall Company for Tax Mapping Services in the amount of $2,000, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The following motion was made by Mayor Cindrich and seconded by Trustee DiChiara

scheduling a public hearing to discuss proposed amendments to the Full Cabaret License for Monday, April 9, 2007 at 7:30 pm to be held in the Village Hall Board Room, 104 Main Street, Mount Kisco, New York, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The following motion was made by Mayor Cindrich and seconded by Trustee Griffin, Jr. tabling this agenda item until the next Village Board meeting, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich noted that this evening prior to the Regular Village Board Meeting the Village Board of Trustees interviewed James Gmelin. Mr. Gmelin originally applied to serve on the Zoning Board of Appeals. Unfortunately Mr. Gmelin has a prior commitment on the dates that the ZBA meets. Mr. Gmelin has asked that he appointed to the Conservation Advisory Board instead.

The following motion was made by Mayor Cindrich and seconded by Deputy Mayor DiChiara, appointing Mr. James Gmelin to the Conservation Advisory Council for a 2 year term to expire on 12/7/09, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich noted that this evening prior to the Regular Village Board Meeting the Village Board of Trustees interviewed Ms. Donna Cravotta, a new resident to the Village of Mount Kisco has asked that she appointed to the Leonard Park Committee.

The following motion was made by Mayor Cindrich and seconded by Trustee Grunthal, appointing Ms. Cravotta to the Leonard Park Committee for a 5 year term to expire on 12/5/11, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Treasurer Thomas Warren reviewed the Budget Modification. In connection with the adoption of the fiscal year 2006/2007 budget, the following resolutions before the Board of Trustees would establish a capital project for Preston Way Park Improvements, including the use of capital reserve fund moneys.

Resolution to Modify Fiscal Year 2006/2007 Adopted Budget

Resolved, the fiscal year 2006/2007 adopted budget and capital projects budgets are hereby modified as follows:

(a) Increase General Fund Appropriated Reserves:

A878 Capital Reserve Fund $243,788.00

Increase General Fund Appropriations:

A9950.900 Transfer to Capital Projects Fund $243,788.00

(b) Increase Capital Fund Estimated Revenues:

H5031.0061 Transfer from General Fund (Capital Reserves) $243,788.00

H4891.0061 Federal Grant CDBG - Preston Way Park Improvements $236,809.00

Increase Capital Fund Appropriations:

H7140.2061 Recreation - Preston Way Park Improvements $480,597.00

This budget modification will establish a capital project for the Preston Way Park Improvements for $480,597, partly financed by a Community Development Block Grant of $236,809, and by appropriating moneys from the Village's Capital Reserve Fund in the amount of $243,788. The balance in the Capital Reserve Fund at this date is $258,256 (balance prior to putting excess fund balance at 5/31/06 into the Capital Reserve Fund). Note that use of the Capital Reserve Fund moneys will require adoption of a resolution subject to permissive referendum.

Resolution for Use of Moneys from Capital Reserve Fund

Whereas, the Board of Trustees established a Capital Reserve Fund in January 2002 to finance all or part of the cost of construction, reconstruction or acquisition of capital improvements or acquisition of equipment, and

Whereas, the current balance of the Capital Reserve Fund is $258,256, and

Whereas, the Village's fiscal year 2006/2007 adopted budget authorizes $243,788 to finance the local share for a capital project for Preston Way Park Improvements (total project cost of $480,597, of which $236,809 will be financed by a Community Development Block Grant), and

Whereas, the use of such Capital Reserve Fund moneys is authorized for such purpose in accordance with Section 6-c of the General Municipal Law, now therefore,

Be it resolved, the Board of Trustees hereby authorizes the use of $243,788 from the Capital Reserve Fund towards the Preston Way Park Improvements capital project.

This resolution is adopted subject to permissive referendum.

The following motion was made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing by Board Resolutions to provide Capital Project Financing for Preston Way Park Improvements in Connection with Adoption of FY2006/2007 Budget, and to Authorize Use of Capital Reserve fund moneys, , all in favor

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills -

The following motion was offered by Trustee Grunthal and seconded by Deputy Mayor DiChiara to pay the bills, all in favor.

General Fund 328,787.53

General Fund Claims $308,106.22

Water Fund Claims 14,768.95

Sewer Fund Claims 3,724.90

Library Fund Claims 2,493.64

Capital Fund Claims (306.18)

Senior Nutrition Fund 8,061.58

Water and Sewer Fund 86,664.00

Library Fund 10,327.36

Capital Projects Fund 26,428.82

Trust and Agency Fund 12,045.65

TOTAL $472,314.94

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes -

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus approving the following minutes:

March 12, 2007 - Regular Meeting

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Abstained

Trustee Grunthal Aye

Trustee Markus Aye

Trustee Griffin, Jr. abstained because he was not present at the meeting.

10) Non-Local Business - None

Mr. Giardina stated that he wanted to follow-up on a comment Trustee Markus made

at the last meeting regarding the warmer weather approaching and the smells and odors emanating from the transfer station. Mr. Giardina stated that he also has these concerns and he expressed them to Village Manager Jim Palmer and I think he is in accord with our concerns as well. He stated that when the settlement was finalized approximately 6 years ago, part of that settlement was the installation of an odor control system. It's my understanding that that odor control system was purchased. It's probably on site and was never installed. We have been thru three different Managers' now, we've had NYCOM, Allied and now we have Regis. I know the Board and the Village Manager is aware of the problem. My reason for being here tonight is to let the public be aware of it too and to recommend and get some action on this. I think we need to put some pressure on these guys. Time has long past for it to be installed. The Village residents deserve it for having to withstand the brunt of this transfer station for so many years, and we have a few years left on the lease. The summer is coming and if we don't get going on this and if we don't start pushing these people it's going to be another year with a continuing odor problem.

Mayor Cindrich replied that the Village has become a little complacent because we have had a degree of cooperation. But I think in anticipation of the warmer weather we should get a letter out stating that we want some type of equipment installed to reduce the noxious odors on a more permanent basis so we don't have any issues and remind them that we are not going to except the queuing of trucks on Lexington Avenue or any other street in the Village of Mount Kisco. Any deficiencies should be memorialized in a letter now and sent to them copying the Village's Special Council who monitor's this with the court.

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 8:50 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Regular Village Board Meeting

March 12, 2007 7.

Created by pmaiorano. Last modified 2007-06-25 11:14:21.