Village Board Meeting Minutes - November 5, 2007

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, November 5, 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

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 that we make this evening will benefit all the residents of Mount Kisco. He also asked as we approach Veterans' Day that we remember in our thoughts and prayers all the families that have lost service persons, men and women, in the various conflicts of our history.

Continuation

Public Hearing

Amended Taxi Cab Ordinance

Chapter 98

Mayor Cindrich opened the Public Hearing on the Taxi Cab Ordinance. Mayor Cindrich noted that the Board was in receipt of the proper affidavits of service and the proper affidavits of public notice regarding this hearing.

Mayor Cindrich stated that we have held several meetings to review revisions to the ordinance. Some of the revisions have been requested by Village Staff and by the Taxi Proprietors.

Deputy Mayor DiChiara stated that we have some representatives from the Taxi Cab companies present this evening. He asked if anyone would like to make a comment about the proposed law.

Mr. Miguel Duarte from Kisco Express Service stated that he had just received the proposal and he would like some more time to review it before making any comments.

Mayor Cindrich stated that it was similar to what was discussed several months ago and he would have hoped that it would have been distributed to everyone. Mayor Cindrich suggested seeking additional comments from the public and if there were none maybe we can adjourn the public hearing.

Deputy Mayor DiChiara asked when Mr. Duarte received a copy of the ordinance.

Mr. Duarte replied right now, this evening.

Deputy Mayor DiChiara asked when was the proposed taxi ordinance was available to the public.

Village Attorney, Whitney Singleton replied that the proposed taxi ordinance has been available at the last couple of meetings.

Trustee Markus asked if the taxi companies had received personal notices.

Village Manager Palmer replied that Police Sergeant Costanzo hah reached out to them.

Police Sergeant Costanzo stated that he had notified them that there was a meeting tonight.

Deputy Mayor DiChiara stated that the proposed taxi ordinance has been available and we spoke about it at our last meeting. Sergeant Costanzo called you or notified you that we were having this meeting tonight. I would have hoped that you would have taken the initiative to try to find a copy of the law before, five minutes ago.

Trustee Markus asked if in general were there any issues that they wanted to address.

Trustee Griffin, Jr. stated that this was the third public hearing. The proposed ordinance is pretty much the same as before, with a few slight revisions. We addressed all the issues expressed by the taxi owners as far as the rates and fees.

Mayor Cindrich stated that the Village is trying to work with the industry and we are trying to accomplish something we believe that certain regulations have to be imposed. We made certain changes based on the recommendations of the first and second public hearings. We want to give the taxi proprietors the absolute privilege to review the document. However, if you have any changes you get them to the Village Board before the end of the week (Friday, November 9, 2007) in writing, because we have to act on this no later than the 19^th, so that they can be distributed to the Board. If there is any action going to be taken we will do it on the 19^th.

Trustee Markus stated at the last public hearing one of the concerns that we all had was that there wasn't representation from the taxi cab company owners at the hearing so we specifically wanted to adjourn it in part for that reason.

There was nobody else in the audience that wanted to make a comment.

Mayor Cindrich requested that Mr. Palmer work with Sergeant Costanzo to distribute a copy of the proposed revisions to all the proprietors no later than Wednesday of this week. Also letting the proprietors know that if they have any concerns that they have to submit them in writing before November 9, 2007.

Motion made by Mayor Cindrich and seconded by Trustee Markus to adjourn the Public Hearing until Monday, November 19, 2007, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Public Hearing

Greenway Compact Plan

Mayor Cindrich opened that Public Hearing on the Greenway Compact Plan. Mayor Cindrich noted that the Board was in receipt of the proper affidavits of service and the proper affidavits of public notice regarding this hearing.

Assistant Village Manager, Jeff Econom provided the Village Board of Trustees with an overview of what the Greenway Compact Plan meant. This is being put out by the County. Substantives changes that we would be looking at are that we would be given consideration to policies, principals and guides of the Compact Plan. It ensures that the Greenway criteria and the Greenprint policies will be given consideration during our board meeting. It does not limit the home rule authority of the municipality under State Law to make local land use and zoning decisions. The action does not authorize any other entity to supersede the municipality's land use laws and regulations or to impose any requirements on the municipality nor does it prevent the municipality in its sole discretion from adopting a local law at a later date for the purpose of withdrawing from the Westchester County Greenway Compact Plan. So we are not bound by this all we are doing is proposing to follow the County with regard to green space/open space policy. I have forwarded this information to the Planning Board and Zoning Board back in September and we have not received any comments from any of these boards. It will open up additional funding through grants from Westchester County for various projects that we want to do. There is a long form EAF that would need to be adopted prior to adopting the local law.

Mayor Cindrich asked Assistant Village Manager Econom to enumerate some of the other benefits that the Village of Mount Kisco will be eligible for:

Assistant Village Manager Econom stated that some of the other benefits are:

Trustee Griffin, Jr. added and it places no restrictions upon what we do in our Village.

Assistant Village Manager Econom replied that the Home Rule stands and we can opt out of this if we ever so choose.

Trustee Grunthal stated that there are certain principals that they embody for example Page 1. They talk about Natural and Cultural Resource Protection. Protect, preserve and enhance natural resources including natural communities, open spaces and scenic areas as well as cultural resources including historic places, and scenic road. Regional Planning. Communities can work together to develop mutually beneficial regional strategies for natural and cultural resources protection, economic development (including necessary public facilities and infrastructure), public access and heritage and environmental education. Economic Development. Encourage economic development that is compatible with the preservation and enhancement of natural and cultural resources. The goals here are certainly goals to which we can subscribe and to which we can generally try to match as we go head with our zoning and planning.

Assistant Village Manager Econom replied that we will go through our Planning and Zoning Boards and they will make recommendations that we are part of the Compact Green Way Plan and this is what we are looking for to provide more open space wherever possible.

Mayor Cindrich stated that the most important attribute of this Compact Plan is that it is a voluntary program, but it is also going to encourage regional planning and it is something that all of our contiguous municipalities have to be aware of.

Mayor Cindrich asked if anyone from the public and any comments regarding this proposed local law.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Grunthal to close the Public Hearing of the Green Way Compact Plan, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

1) Communications: None.

4) Village Managers' Report -

A. Level of Byram Lake and Water Distribution System.

Village Manager James Palmer advised that the level of Byram Lake as of 4:00 this afternoon was at 76.8% of capacity. That is down approximately 1 1/2 % from the previous board meeting. The reservoir did see an increase in rain water as a result of those storms at the end of October. The daily average pumpage for the month of October was 1,501,452 million gallons per day from Byram Lake and we continue to use the Leonard Park Wells averaging between 80,000 and 100,000 per day. The Saw Mill Pump Station inflow averaged 1,227,645 million gallons per day and the outflow averaged 1,199,729 million gallons per day.

B. Blu Dot Inc. - October Byram Lake Monthly Report.

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

Month Total Rain inches 1.14

Month Max Level ft. -2.70

Month Min. Level ft. -3.56

Month Max Capacity 84.8

Month Min. Capacity 80.0

C. Library Project Update.

Village Manager, James Palmer reported that we had the pre-bid meeting for the Library construction for all the individuals. The attendance at the pre-bid meeting was excellent and as of today we have over 50 companies that have pick-up all the contract documents. I'll be meeting with Calgi and Lothrop staff tomorrow afternoon to discuss the addendum based on the questions that were raised at the pre-bid conference. The bids are due back on November 15^th.

Deputy Mayor DiChiara requested that the Treasurer make some amendments on his capital projects report so we can closely monitor the expenses versus what the actual budget is for the project.

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

Motion made by Deputy Mayor 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

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports:

Trustee Grunthal stated that the Byram Lake Committee will be meeting on November 16^th and in the mean time Mr. Palmer had discussed with him the possibility of having a work session of the Village Board together with the Byram Lake Committee and together with a representative of the Chazen Companies on the issues that were reported on the monitoring of the water quality. Hopefully that is something we can talk about doing and to go over all the information and decide what action to take.

Trustee Markus reported that we are awaiting for further consultation between legal counsel and the Building Department regarding the sign ordinance. A lot of work has gone into it and he thanked Village Attorney Whitney Singleton for all the hard work. It is a lengthy document and I know he is putting a lot of effort into it and I appreciate that. Although it is taking a while we can't let up because there were about 2 or 3 other attempts to get this completed and I can see why it is so difficult, because it is a lengthy project and it requires a lot of work.

Village Attorney Singleton acknowledged that the ball is definitely in his court. He has reviewed half of the ordinance, and he will make sure to forward that half to Trustee Markus.

Trustee Griffin, Jr. stated that we haven't had a Building and Grounds Committee Meeting in a couple of months, because of lack of man power on the committee. He noted that the clock tower at Village Hall finally got done and is in tip top shape. He thanked Bob Hunter, Pat Morrissey, Jack Marshall, Don Fitzgerald, Anne Whalen, and Ron Assaro for all their hard work and efforts in getting the clock tower refinished and refurbished. It was very frustrating to the committee at times, but it finally got done. Every citizen in this town should take a look at it because it's a real shinning spot over our town hall. Other completed projects included work at Leonard Park and the Mutual Fire House. We are still getting bids to repair the sidewalk and ramp in front of the Green Street Fire House. We are still waiting for a list of sidewalks that need to be repaired.

Deputy Mayor DiChiara thanked the Police Department for doing a good job this past Halloween. Where ever he went in town he saw Policemen patrolling and he thought the Village had a relatively incident free evening.

Mayor Cindrich stated that the Bedford Town Planning Board has sent out notification to declare themselves as lead agency in reviewing the project known as Seven Springs, which is a residential sub-division proposed by Trump. He requested that the Village Manager respond to the Bedford Planning Board and advised them that we want to be on the mailing list, the agenda list and be advised when items are coming up for review. Mayor Cindrich added that the Board of Trustees needed to discuss representation at the Bedford Planning Board Meetings by the Village Board of Trustees as well as some of our volunteer members from the Conservation Advisory Council and the Byram Lake Committee attending as well.

Mayor Cindrich stated that on three (3) separate occasions he meet with three members of the Westchester County Board in the last two weeks to discuss certain problems that exist in Mount Kisco. The Lexington Avenue project, obviously the lack of response from the County. The Legacy Program where we would use some County funds to acquire property and hopefully the County Board in the future will be more responsive to us. I also talked about bringing certain County facilities into the Village of Mount Kisco as far as a real-estate venture so that the property owners would benefit from dealing with the County and we would hopefully acquire a low traffic generator for a large space.

6) Old Business -

A. Award Bid for Hillside/Sands Street Water Main Project.

Mayor Cindrich stated that prior to awarding this bid he wanted to be assured that there was a line item in there for traffic control and management and that there is a plan for traffic contract. With the holidays fast approaching there needs to be a plan in place prior to the bid being awarded. In addition he wanted to make sure that there is a staging area that is predetermined. The Village is not going to allow parking on the side of the road, or in the parking lot that is used for Church services and that the contract is well aware of what that parking lot is used for. Also when services are being conducted even for a funeral the contactor is going to have to make accommodations.

Village Manager Palmer stated that he, Jeff Econom and the Consultant Engineers did have numerous discussions regarding this project with the low bidder on the project McNamee Contractor's. The most recent meeting we did talk at length about having a staging area. We also discussed the traffic issues making sure that we minimize any impact for Kisco Avenue.

Assistant Village Manager Jeff Econom stated that that contractor fully understands that he can not disrupt the parking lot and he knows that the traffic has to be maintained.

Mayor Cindrich suggested that the NYSDOT be contact to see if the contractor can use the yard on Kisco Avenue at the entrance and exit of the Saw Mill River Parkway. In years past we have used the location for staging and we have used it for snow storage. He added that he wanted to make sure that the contractor's employees are cognizant of the rights of the people that live in the neighborhood. But more so for the people that are traveling on Kisco Avenue to make sure this project is not disruptive and hazardous. He didn't want this project to be a burden for us. He also noted that the Village of Mount Kisco was not going to put a Water Department Employee around the clock at this facility to help a private contactor make money.

Assistant Village Manager Econom stated that the Village of Mount Kisco was going to have a construction manager probably someone from Rotfeld Engineering, because they prepared the contact documents. But any other additional questions that have to go through the Village would be directed through his office. We will not have any of our employees out there at the site. If we award the bid tonight the Phase I of the project could be started in approximately two weeks.

Village Attorney Whitney Singleton stated that he knows that Jeff and Jim, have worked very hard with Anthony Olivier from Rotfeld Engineering on this project. I have meet with each of them as well in arriving at the point of awarding the bid. But along the lines of an ounce of prevention is better than a pound of cure, I think on this particular project I would like to adjourn it until later in the meeting and have a brief Executive Session on this subject before the Board actually puts it to a vote.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus to table the bid award for Hillside/Sands Street Water Main Project until later on in the meeting in order to have a brief Executive Session with the Village Attorney at the end of the Regular Meeting agenda, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Adoption of Local Law re: Taxi Cab Ordinance.

This item was tabled until the November 19, 2007 Village Board Meeting.

The following motion was offered by Trustee Grunthal and seconded by Trustee Griffin, Jr. to adopt the State Environmental Quality Review Full Environmental Assessment form Negative Declaration and that there will be no adverse impact on the environment as result of this unlisted action, all in favor

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The following resolution was offered by Trustee Grunthal and seconded by Trustee Markus, all in favor

WHEREAS, the Hudson River Valley Greenway Act, (hereinafter, the “Greenway Act”)

Chapter 748 of the Laws of 1991, has as a legislative goal the establishment of the Greenway Compact, a process for voluntary regional cooperation and decision-making among the communities of the Hudson River Valley, and

WHEREAS, the process and programs that will comprise the Compact are under

development, and

WHEREAS, communities may participate in the initiation and implementation of the

compact process, and

WHEREAS, the Town/Village/City/County of MOUNT KISCO, WESTCHESTER COUNTY is situated in the Greenway area as it was officially designated in the Greenway Act, and

WHEREAS, the Greenway Act permits the Hudson River Valley Greenway Communities Council (hereinafter the “Council”), and the Greenway Conservancy for the Hudson River Valley, Inc. (hereinafter the “Conservancy”) to assist communities in developing local planning and projects related to the five criteria contained in the Greenway Act: natural and cultural resource protection, regional planning, economic development (including tourism, agriculture and urban redevelopment), enhancing public access to the Hudson River and heritage and environmental education, and

WHEREAS, communities can become eligible to receive technical and financial assistance from the Greenway, and

WHEREAS, community participation in the Greenway planning process is voluntary, and

WHEREAS, the Greenway Act does not supersede or change the powers that the State has previously granted municipal governments under the New York State Constitution, the Municipal Home Rule Law or pursuant to the various municipal enabling acts, and

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

The BOARD OF TRUSTEES (legislative body) supports the criteria contained in the Greenway Act and the process by which the Compact will be achieved, and

The BOARD OF TRUSTEES (legislative body) endorses the designation of the Town/Village/City/County of MOUNT KISCO, WESTCHESTER COUNTY by the Greenway Council and Conservancy as a Greenway Community.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution authorizing the Village Manager to enter into a retainer agreement with Mazur Carp & Rubin.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to enter into a retainer agreement with Mazur Carp & Rubin to review the bid and contract documents for the new Library at a cost not to exceed $7,500.00, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

7) New Business

A. Resolution authorizing a tax Certiorari Settlement.

Motion made by Trustee Markus and seconded by Trustee Grunthal authorizing the following Tax Certiorari Settlement for RLC Electronics located at 83 Radio Circle Drive, all in favor.

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

RLC Electronics, Inc. 80.63-1-5 2004 Village 2005 Village

2006 Village 2003 Town

2004 Town

2005 Town

Whereas, petitioner's court challenge is now pending in the Supreme Court, Westchester County;

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:

Assessment Year Original Proposed Settlement Reduction

2004- Discontinued $0

2005 Discontinued $0

2006 $300,000 $252,000 $48,000

Town Proceedings:

Assessment Year Original Proposed Settlement Reduction

2003 $602,000 $552,000 $50,000

2004 $602,000 $553,000 $79,000

2005 $602,000 $495,000 $107,000

2006 $602,000 $450,000 $152,000

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. appointing John Cavallaro as Hearing Officer.

Whereas, pursuant to Article XXIV, Section 2(d) of the collective bargaining agreement between the Village/Town of Mount Kisco and the Village of Mount Kisco Police Benevolent Association (a.k.a The Police Benevolent Association of Mount Kisco, New York, Inc.) Sergeant Michael Volpe has requested a hearing to challenge the initial determination that he is not entitled to GML section 207-c benefits in connection with his June 5, 2006 application for

Be it Resolved, that the Village Board of Trustees hereby designates and appoints Mr. John D. Cavallaro, Esq. as hearing officer to conduct a hearing with regard to Sergeant Volpe's challenge of the initial denial of his June 5, 2006 application for GML section 207-c benefits.

Be It Further Resolved, that Mr. Carvallaro is hereby designated and directed to hold a hearing with regard to Sergeant Volpe's challenge of the Village's initial denial of his June 5, 2006 application for GML section 207-c benefits, and to submit the record of such hearing with his findings and recommendations to the Village Board of Trustees for its final determination.

Be It Further Resolved, that the Village Board of Trustees hereby authorized the Village Manager to enter into an agreement with Mr. Cavallaro regarding payment for his services as hearing officer at his agreed-upon daily rate.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The following item was added to the agenda.

The following motion was offered by Mayor Cindrich and seconded by Trustee Griffin, Jr. granting permission to the Moses Taylor Jr. Post 136, American Legion, to conduct its usual Veterans' Day services on November 11^th, 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 Deputy Mayor DiChiara and seconded by Trustee Grunthal to pay the bills, all in favor.

Be It Resolved, the Village Treasurer is hereby authorized to release payments to the vendors as listed on the attached abstract and totaling as follows:

General Fund 134,332.89

General Fund Claims $126,405.92

Water Fund Claims 2,818.02

Sewer Fund Claims 65.44

Library Fund Claims 29.76

Trust Fund Claims 5,013.75

Senior Nutrition Fund 3,552.89

Water and Sewer Fund 38,657.05

Library Fund 2,943.55

Capital Projects Fund 315.15

Trust and Agency Fund 17,818.92

TOTAL $197,620.45

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

Public Hearing and Regular Meeting October 22, 2007

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

10) Non-Local Business - None.

8:45pm - Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus for the Village Board of Trustees to go into a brief Executive Session with the Village Attorney for a brief discuss on the Hillside/Sands Street Water Main Project.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

9:00pm The Village Board returned to discuss

6) Old Business.

a. Award Bid for Hillside/Sands Street Water Main Project.

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara to award the Hillside/Sands Street Water Main Project to the lowest bidder, McNamee Construction Corp in the amount of $518,856.00. Pending the submission and approval by the Village Manager, Assistant Village Manager and Village Attorney of a traffic maintenance and staging area plan. Both plans have to be submitted and approved prior to the start of the project, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

There being no further business to come before the Board a motion to close the meeting was made by Trustee Markus and seconded by Trustee Griffin, Jr., all in favor. 9:05 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Public Hearing and Regular Village Board Meeting

November 5, 2007 1.

Created by pmaiorano. Last modified 2008-04-08 15:15:54.