Village Board Meeting Minutes - October 22, 2007

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, October 22, 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. Mayor Cindrich stated that in honor of Bethel Baptist Church's 70^th Anniversary this month he invited Deacon Johnson here tonight to do the invocation.

Public Hearing

Amended Taxi Cab Ordinance

Chapter 98

Mayor Cindrich opened that 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.

Village Attorney Whitney Singleton stated that sometime ago the Village Board adopted back in 2006 a comprehensive modification to the Taxi Cab local law and since that point in time there has been some discussions with various people in the industry, with the Village Manager and Police Sergeant Patrick Costanzo. As a result of that we have gone through different tweaking of the local law and there are on a variety of topics. Mr. Singleton suggested reviewing each change item by item.

Chapter 98-6. Photograph of Driver.

We are proposing to modify the photograph of the driver to make sure that it is prominently displayed in all cabs and that it should be visible and legible to all passengers in the cab.

Chapter 98-7 Criminal History and Vehicle and Traffic Law checks.

We are providing for an additional means for criminal background checks on each of the applicants for a taxi cab drivers license and for a taxi cab permit.

Comment #1. The Village Board agreed not to change this portion of the local law. It should remain as currently written.

Chapter 98-10 (C) Application for Taxi cab license.

The owners from the taxi cab industry would like to increase the limitation on the number of licensed vehicles that are permitted in the Village. Currently it is 50 cabs they would like it to be increased to 60.

Comment #2. The Village Board agreed not to change this portion of the local law. It should remain as currently written.

Chapter 98-13 Condition of licensed vehicles; duties of owners.

There has been a desire to change some of the provisions relative to the licensing of the vehicles themselves. Presently we require that each and every cab within the Village of Mount Kisco be issued a taxi cab license, so that the license plate reads taxi on it. They would like to expand the scope of who is permitted to operate as a taxi cab.

Comment #3. The Village Board agreed not to change this portion of the local law. It should remain as currently written.

Chapter 98-14 Taxicab license card.

We have clarified some provisions to make sure the license card of each cab driver is visible within the cab and legible.

The Village Board agreed to add the wording “and legible” to the section of the ordinance.

Chapter 98-15 Fees.

There has been a request to reduce the annual fees for both the driver's license and taxi cab's license as well prorating of the fees in the event that they don't apply for a license in the beginning of the fiscal year for the taxi cabs.

There is also a request from the people in the taxi cab industry to increase the fares and in certain situations do away with imposing set fares for the customers that are going within the Village of Mount Kisco to another location within the Village of Mount Kisco. They would like to up the fare and eliminate a set fee all together during certain hours of the day.

Comment #4. The Village Board agreed to not change this portion of the local law. It should remain as currently written.

Comment #5. The Village Board agreed to not change this portion of the local law. It should remain as currently written.

Comment #6. The Village Board agreed to prorate the application fee in the event that an application is made on or after January 1^st applicants shall be entitle to a refund of 50% of the application fee. Said reduction shall not be applicable to expenses charged under Section 98-7.

The Village Board agreed not to add (G) and (H).

Chapter 98-16 Rates of Fare.

Comment #7. The Village Board agreed to not change this portion of the local law. It should remain as currently written.

Comment #8. The Village Board agreed to add a $2.00 surcharge from midnight to 6:00 am and for (4) Holidays (New Year's Day; Easter Day; Thanksgiving Day; and Christmas Day).

Chapter 98-20 Taxicab vehicle identification.

A. The Village Board agreed to add this wording into the local law.

B. The Village Board agreed to add this wording into the local law.

Chapter 98-21 Penalties for Offenses.

They would also like to reduce the amount of fines applicable in the event that they are not maintaining their cabs in the fashion that is required under the code.

Comment #9. The Village Board agreed to not change this portion of the local law. It should remain as currently written.

The owners would like to add a few items. The Village Board agreed that as Police Sergeant Costanzo trains more people the Board will consider that in the future. This was not a legislative decision, this was more of an administrative decision.

In sections that are not actually enumerated in the code they would like to expand the hours within which they can apply for driver licenses. They would like to expand the house within which they may have inspections of their cabs and they would like to develop a more equitable queuing area at the train station.

Mr. Singleton stated that that was the sum and substance of the requests for modifications. He added that he has provided to the Board his comments for each of these changes. Mr. Singleton added that Police Sergeant Officer Costanzo was also present this evening to answer any questions the Board may have this evening.

Trustee Markus asked if the Taxi Cab owners were notified of this public hearing.

Mr. Singleton replied that this public hearing has been going on for a while now. He recalled that several taxi cab owners were present early on in the process and they were aware during that period of time and we have continued the public hearing on this matter. I don't know if they have kept abreast, but it has been publicly noticed.

Trustee DiChiara stated yes, it is publicly noticed but I don't really know anyone who reads the legal notices. He asked if the Village has sent any letters to them or talked to them to let them know that there would be a public hearing tonight.

Village Manager Palmer replied that he has been in contact with Miguel Duarte of Kisco Express and he was aware of the hearing.

Mayor Cindrich suggested that the Board comment on the material.

Mark Macfee stated that he had owned and operated a taxi company in Larchmont for many years. He is currently solely in the limousine industry in White Plains. One of the arguments that limousine companies have is the fact that the local municipalities are allowing taxi plates to go on black cars that have been unmarked. I know that Mount Kisco now requires them to be marked. He added that the Village needs to be vigilant in the fact that they are marked and they stay marked permanently. We in the limousine industry are licensed by Westchester County. Our concern is that there are a lot of municipalities that are being very free in just signing over the MV Form that allows you to get a taxi license. It's gotten to a point that the limousine industry is very frustrated and we have gone to our commission who is run by Westchester County to start enforcing the laws as far as the markings of the cars and the number of passengers in the car. He added that he didn't think for a town of this size that you wouldn't need more than 50 cabs. He stated that as far as the taxi companies getting more space at the train station that was up to Metro North not the Village of Mount Kisco. I understand that they want to make a living and nobody is trying to take that away from them. There are taxi cabs flooding the Village and it has to be controlled more. The taxi cab owners have to cooperate more with the Village's local ordinances. In closing he asked the Board to be careful as to whom they give taxi plate applications to, because it's not fare to the people who have to pay all the fees.

Trustee Grunthal asked Mr. Macfee from his point of view what was the optimum number of cabs we should have in the Village of Mount Kisco.

Mr. Macfee replied probably no more than 40 taxi cabs for the size of the Town.

Trustee DiChiara stated that one of the items in this proposed local law which will be enforced will be the permanent markings of taxi cabs. Because he has seen to many magnetic signs and signs held on with tape. One of the benefits of permanent markings is that part of the permanent markings has to be the cab number so if anyone from the Mount Kisco Police Department is following that car it should be able to see what cab number it is and check to see if it is the right number on the right car.

Trustee Griffin, Jr. added that all of our issued licenses should be issued to vehicles with Taxi License Plates and not Livery Plates.

Mayor Cindrich expressed some concern that during the daytime hours at the train station there seems to be a bidding war between taxi companies to solicit business. This is something that shouldn't be happening where taxi drivers are surrounding fares for that business. This is an enforcement issues that will have to be addressed at a later time.

Deputy Mayor DiChiara asked Police Sergeant Costanzo to comment on the request from the taxi cab owners to have the fingerprinting occur at the time of application and eliminate the requirement for each renewal period.

Police Sergeant Costanzo replied that he thought the way the current law was written now was fine. It currently states once every year for the first five years and if they renew their license consistently thereafter then there wouldn't be a need to finger print them again.

Trustee Griffin, Jr. stated that if you look at the comments from the taxi companies they wanted more taxies, lower fees, higher fares and reduced fines. He didn't think the fees should be lowered because if you maintain that level of the fees you are going to maintain a higher level of service from the taxi's themselves.

Deputy Mayor DiChiara did suggest prorating the fee if they register their cab after October 1st it would be 50% of the application fee.

Police Sergeant Patrick Costanzo asked that under section 98-4 the term “or operator” be inserted after franchise. The Village Board had no objection to this.

Village Attorney Whitney Singleton was directed by Mayor Cindrich to bullet the changes on one sheet and we can distribute the changes to the owners and operators.

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara to adjourn the Public Hearing until Monday, November 5, 2007, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

1) Communications:

A. Letter from John Marshall re: Resignation from the Building and Grounds Committee.

Mayor Cindrich read the letter from John Marshall dated October 3, 2007 resigning from the Building and Grounds Committee.

Mayor Cindrich requested that a letter be sent to Mr. Marshall for serving on the Committee. Mayor Cindrich stated that he hoped we could recruit additional people that want to see the properties in the Village improved.

(See Board Report)

4) Village Managers' Report -

A. Level of Byram Lake.

Village Manager James Palmer advised that the level of Byram Lake as of 9:00 this morning was at 78.2% of capacity. That is down slightly from the 78.6% that was reported at the previous Board Meeting. He added that for the Board's edification he enclosed copies of our current Level I Water Restrictions and also a copy of the Level II Water Restrictions so the Board could see the differences between them. The Board agreed to keep a close eye and revisit the issue again next meeting to determine whether we need to impose a Level II Water Restriction.

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

Village Manager, James Palmer, provided the Board with a copy of the, September 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. Little League Field Drainage System Work.

Village Manager, James Palmer reported on the progress towards completing an item that we had budgeted for in the capital budget this year and that is the drainage improvements to the Little League Field. He had invited the Superintendent of Recreation, Charles Pieragostini to tonight's meeting to update the Board on this project. Edward Reilly, President of the Mount Kisco Little League is also here tonight to answer any questions the Board might have. We had budgeted the full amount for the cost of this improvement and the Mount Kisco Little League has agreed to provide $8,000.00 toward the cost of this project.

Charles Pieragostini, Superintendent of Recreation provided the Board with the details on the drainage that was planned for the Little League Field. He noted that two companies did provide bids and his recommendation was that the project be awarded to Tri Turf's Cambridge Sports Turf Drainage System in the amount of $19,975.00. The Mount Kisco Little League would provide $8,000 (40%) and the Recreation Department would provide $11,975.00 (60%).

Village Manager, James Palmer suggested that for items of this size one more estimate be obtained.

Mayor Cindrich stated that the same drainage system was installed at the soccer fields at the old Grand Union site. He noted that the newly installed system is working very well. He requested that a copy of those plans be given to Mr. Pieragostini and Mr. Reilly for their review.

Mayor Cindrich stated that he was opposed to taking the money from Mount Kisco Little League. They have fund raisers to buy equipment, to buy protective gear and I think the Village should be providing the fields for the use of the public. He also suggested that the Village of Mount Kisco solicit Westchester County for funds to help in this endeavor. He noted that the Village budgeted for this item and he felt we should pay for the improvements. He would rather see the Little League funds go to chest protectors, helmets, and baseball bats. He didn't think the infrastructure should be the Little Leagues' responsibility.

Mayor Cindrich stated that he would like to see a more precise contract, as to the sizing of the pipes, the location of the conduits and the drainage system, some elevations and something to the satisfaction of the Village Attorney.

Mr. Edward Reilly agreed whole heartily with the Mayor that the Village of Mount Kisco should be paying for the infrastructure improvements. He thanked the Board on behalf of the Mount Kisco Little League for any consideration that they can do to fix and repair those fields.

Mayor Cindrich stated that he would like to see a sketch or schematic of the proposed system to be installed by Tri Turf. He will also make sure that the Superintendent of Recreation gets all the information from Realife Land Improvement as to how the field was improved at the former Grand Union Property.

There were no objects from the Village Board of Trustees for paying for this improvement in totality.

D. Sewer Flow Monitoring Update.

Village Manager Palmer reported that the Village is continuing with our progress on monitoring the I&I and we will be installing flow meters into four different sub-sections to determine where the most significant areas of inflow and infiltration into our sanitary sewer system. Assistant Village Manager has been working with Dolph Rotfeld Engineering's firm to move forward on that and we will be using the firm of ADS Environmental Services who actually did the work for us in 2006 and they also provided an estimate of just over $18,000 to do two months of monitoring. We will be moving forward with that over the next few weeks. The monitoring is consistent with what we have emphasized with the DEC and our consent decree that we had stipulated to just over a year ago.

E. Library Project Update.

Village Manager Palmer announced that we had a very fruitful work session last week and as a result all the individual bid documents were available to bidders effective last Friday, October 19, 2007. He also noted that Insite Engineering did file the permit with the DEC for the Geothermal Well System. We are hopeful that we could actually have that permit in a two month turnaround time frame.

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

Motion made by Trustee Markus 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:

The Village Board of Trustees discussed the unsightly condition of the rubber mats that were installed by the New York State Department of Transportation at the curb cuts alongside the section of Route 133. They have become a tripping hazard and the Village Manager was directed to send a letter to the New York State Department of Transportation and our state representatives putting them on prior notice. These mats are torn and/or loose and represent a safety hazard to pedestrians and they have become very unsightly.

Trustee Griffin, Jr. reported that finally the clock tower on top of Town Hall is currently in the rehabilitation process, the contractor is working on it right now. It will be a pleasure to look at it when it is completed all freshly painted and clean when the project is done. This has been a long time in coming.

Deputy Mayor DiChiara stated that on Friday of last week he had a short meeting with the Village Manager and members of the Westchester County Community Development Department. Mount Kisco is eligible for some low income block grants from the county. Village Manager Palmer toured the Village with members of the Westchester County Staff. We can apply for grants for the Maple Avenue corridor and some other areas in Mount Kisco and one thing I did bring up is that we can make some improvements to the field on North Bedford Road, because the people that are using that field come from low to moderate incomes. He added that these grants require a 50% match from the Village of Mount Kisco. Hopefully we can get additional money from the County and try to continue what we have been doing which is leveraging other source of money to provide services for the residents of Mount Kisco. We have six months to put together recommendations to the County for grants.

This item was not on the agenda.

Mayor Cindrich read the letter dated October 19, 2007 from Karen Allison requesting permission to hold a block party at the end of the Carlton Drive cul de sac by house #2 and #3 in the Mount Kisco Chase on Sunday, October 28^th from 2:00 - 4:00 pm.

Motion made by Trustee Grunthal and seconded by Deputy Mayor DiChiara to approve the request of the Mount Kisco Chase residents to hold their annual Block Party on October 28, 2007 from 2:00 - 4:00 pm, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

6) Old Business -

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

Village Manager Palmer requested that this item be table until the November 5, 2007 Village Board Meeting.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. to table this item until the November 5, 2007 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

7) New Business

A. Review applicable laws for curb cut requirements.

Whitney Singleton stated at the last Board meeting the Board had directed him to prepare modifications to Chapter 93 Street and Sidewalks of the Village Code. To provide for in certain instances a secondary curb cuts on certain lots. He has made amendments to the code in accordance with the Boards request, specifically those amendments in Section 93-33-B-(3). The change will provide for a second curb cut for a single family, two family or pre-existing nonconforming multi-family houses in residential districts would be permitted only where there can be a demonstration that the lot could be sub-divided in accordance with the applicable under lying regulations for that zoning district; and that the nearest points of the driveways shall be no closer than 50 feet to each other measured at the street and at the property line nearest to the street; and that no newly proposed driveway closer than 50 feet to the nearest intersecting street nor 20 feet to any adjacent property line measured along a radius at the midpoint of the line between the nearest point of the driveway at the street or at the property line whichever is longer; that each driveway must lead to a permitted parking area or garage on the property; that the width of any newly proposed driveway shall not exceed 12 feet; that the lost upon which the driveway is proposed must have a lot width of at least 100 feet; the lot upon which a second driveway is proposed constitutes a corner lot, double corner lot or through lot as such terms are defined in Chapter 110-59; and demonstration that the newly proposed driveway fully complies with all other applicable Code provision, recommended practices of the Institute of Traffic Engineers and generally accepted engineering standards relating to design grade, materials, sight distance and other safety specifications. This was his first draft in tying to provide to the Board what changes they wanted.

Deputy Mayor DiChiara stated that this provides that they can have two driveways if they comply with each one of these items. But I think we should make it clear that if they no longer satisfy these items it would have to be removed.

Village Attorney Singleton stated then it would have to be demonstrated as part of the planning process and sub-division process with the Planning Board. If the Board would like to put a further provision in that's not a problem.

Deputy Mayor DiChiara suggested adding the wording so long as each of the following conditions are continuously maintained.

Trustee Griffin, Jr. asked when this proposed ordinance was enacted anyone that wanted to can have an additional driveway and met the requirements will go before the Planning Board.

Village Attorney Singleton replied not necessarily under Section 3A it states “Demonstration to the satisfaction of the reviewing official or body as applicable under 93-33 A that such lot could theoretically be subdivided in accordance with all applicable dimensional requirements for the zoning district in which it is located”. It would go to the Village Engineer or Planning Board depending on whether or not there is a site plan before the Planning Board. If the applicant were just to come in for an application for a curb cut and a new driveway, it would go directly to the Village Engineer.

Trustee Griffin, Jr. asked what would happen if they were denied. Would they be able to go to the Zoning Board of Appeals?

Mayor Cindrich stated that he would like to see language written in there that it's in conformity with the definition of a corner lot.

Mayor Cindrich asked if the measurements in item #3 were linear measurements on a curb line or a straight line.

Whitney Singleton replied that it measures the separation distance on a linear basis at either the point where it meets the street or at the property line set back.

Trustee Markus asked how the 100 feet width of a lot was measured.

Whitney Singleton replied that he checked all residential districts and you will not find a zoning district with a lot width of less than 50 feet so having a minimum 100 foot is the absolute minimum you can have in order to have a lot capable of sub-division and you measure the lot width at the front yard set back. It would require being examined on both streets.

Trustee Markus asked if the term “permitted parking area” was a defined term or just a general term.

Whitney Singleton stated that there are prohibited areas within you are not allowed to park and those are generally front yards. He added that else where in the Code Book we have prohibitions which would tie into this.

Mayor Cindrich stated that this proposed local law has the potential to lead to certain abuses. He wants to be clear on who was the approving authority of a curb cut.

Village Attorney Singleton replied that the Village Engineer was the approving authority.

Mayor Cindrich stated so every driveway and/or curb cut has to be approved with a plan submitted to the Village Engineer.

Village Attorney Singleton stated that if it needed a site plan or sub-division approval it would first go to the Planning Board and the Village's consulting Engineer would review the plans as they come in, but they also get reviewed as part of the permitting process by the Building Department.

Mayor Cindrich stated that there should be a separate permit issued for a curb cut and a driveway. He stated that there are too many driveways that exceeded the slope permitted in the ordinance. That a section of the driveway was never submitted for approval and was just rubber stamped without approval. Then the Village runs into an issue regarding drainage problems and then we also run into problems when people can't get their cars off the street because the apron and the beginning of the driveway is to steep.

Village Attorney Singleton stated that if there are further modifications that the Board would like him to address in this proposed local law he would be more than happy to do that.

Mayor Cindrich stated that there is one issue in the community where we have a curb cut located because of the aesthetics versus where the curb cut should have been, i.e. the house faces north so the curb cut should be facing north even though it is inconsistent with the engineering wording in the ordinance, which suggests that a curb cut for a driveway should be on the less traveled road on a corner lot. Aesthetics shouldn't be the point that controls where a curb cut should be, it should be practicality and safety.

Trustee Markus stated that this proposed draft was a starting point and that it needed to be look at more closely. It sounds like something that needs to be digested.

Village Attorney Singleton stated that a public hearing would have to be scheduled before any action could be taken. This was his first draft for the Board's review and comments.

Mr. Bryan Parker stated that he believed that the proposed changes to the local law to allow more than one driveway or curb cut for residents will be detrimental to the quality of life in the Village of Mount Kisco and it would set a bad precedent. Existing requirements for single residential driveways enhance the appearance of neighborhoods by maximizing the landscape in front of and around buildings and the encouraging provision of parking further back from the street and the front of residences. Also multiple driveways often result in increased impermeable surfaces. They will create drainage problems for neighbors and they encourage the parking of multiple vehicles in front of buildings. Now lets face it the proposed revision of the law is an attempt to address particular requests from a couple of constituents with large residences on unique lots/unique parcels. Addressing their requests does not call for the adoption of a general law applicable to the entire Village. There are better ways. The argument is that the existing driveways are unsafe and the owner can submit plans for relocating the driveway and if the approvals of plans are denied the owner could take his case to the Zoning Board of Appeals. I hope that the Board will conclude that the proposed law does not meet the legislative intent as expressed in Section 93-3 of the Code and that addressing these particular requests by changing the law is a very bad idea.

Mayor Cindrich told Mr. Parker that his comments will be included at the public hearing.

Mayor Cindrich stated that one particular lot that has been an issue for a number of years, a prior Village Board in this Village decided that the aesthesis were more important than the safety and directed that the builder of the particular house put the driveway on the more traveled road as opposed to the appropriate road it should have been on and during the construction the contractor noted that where the driveway was going to be installed was unsafe and he built a driveway for construction purposes only and it has stood the test of time for safety reasons and now we are trying to address that issue as we speak.

Trustee Markus stated that when the Board first discussed this issue the Board was concerned with people taking their lots (two lots) and subdividing them to create a second lot and then develop on that particular lot and have another driveway.

Deputy Mayor DiChiara stated that this law was to encourage people with sub dividable lots not to subdivide them and to gain a benefit for not subdividing them.

Trustee Markus asked if anyone knew how many instances in which this applies to in the Village.

Mayor Cindrich replied that he didn't think that anyone did a driveway count of every property with two curb cuts. But there are driveways that some how were approved in this community that don't meet this criteria with two driveways.

Trustee Markus stated that the motivation of this proposed local law needed to be clarified.

Deputy Mayor DiChiara noted that if someone could get better use of their property allowing for a second curb cut. Hopefully, they will be less likely to subdivide their property.

Trustee Markus stated that based upon the fact of trying to diminish improving safety he would not support this law.

Trustee Grunthal stated that there might be some unintended consequences and if we have one very specific objective as Trustee DiChiara indicates I think we need to focus our legislative on accomplishing that not simply hoping that it will encourage something. He would not be in favor of this law; however he would like to hear the public's comments.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus to schedule a public hearing for Monday, November 19, 2007 at 7:30 pm to discuss a proposed local law Amending Article III Driveways and Curb Cuts, 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. The Village Board adjourned the public hearing and it will be continued at the November 5, 2007 Village Board Meeting at 7:30 pm.

Deputy Mayor DiChiara stated that Mazur Carp & Rubin does primarily construction law. I think it is important to hire a firm like this to review our contracts after our past experiences with the contracts issued several years ago with respect to the Water Filtration Plant, which cost this Village several million dollars because appropriate attorneys did not review that contract. He would like to make a motion that we authorize the Village Manager to inter into this retainer agreement with Mazur Carp & Rubin. The rates are equal to what they charge other municipalities and it is lower than their commercial rate. He thought the Village would save money in the long run simply because they can review it quicker because this is their expertise and we should be better assured that there aren't loop holes in our bid documents and contracts that might cost us millions of dollars later on.

Trustee Markus stated that he didn't recall the Village Board making a request for this particular engagement of counsel. What he recalled was that it was a consideration based upon the contracts that needed to be reviewed. It was his understanding that they were going to be forwarded to the Village Attorney and that there was communication with the construction manager who stated that these contracts were straight forward and that they wouldn't take a large amount of review. I was of the understanding that we were going to wait to hear from Mr. Singleton as to whether or not he was of the view that he needed further expertise. I concur in the generic sense that we should hire additional counsel if our present Village Attorney needs the additional help. I would not be in favor of voting for this until I have more information and I don't recall actually making this request.

Village Attorney Singleton stated that given his current work load and given the fact that the Village has many millions of dollars at stake in this project, he has absolutely no reservations about allowing somebody with a certain degree of expertise in this field to do some fairly short order review of some very expensive documents.

The Village Board agreed to table this item until they hear back from the Village Manager regarding a cost estimate for this retainer agreement.

Motion made by Trustee Griffin, Jr. seconded by Trustee Markus to table this item.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Nay

Trustee Griffin, Jr. Aye

Trustee Grunthal Nay

Trustee Markus Aye

D. Resolution authorizing the owners of 134 Main Street to complete certain improvements on Village Property.

Village Attorney Singleton stated that the reason this item was before the Village Board of Trustees was because it involves an alteration to the Blackeby Parking Lot. It involves the elimination and relocation of a parking spaces and removal of a fence that belongs to the Village of Mount Kisco.

Village Manager Palmer stated that there is no loss of parking spaces in the rear of the property. During his initial review of the plan last week it was discovered that the fence which was put up by the Village when the Blackeby parking lot was done (the white fence on the rear and the side of the property) will have to be removed and replaced and he wanted the Village Board's approval of that alteration. In addition to the fence coming down there are concrete pads that are currently in place and those will stay and simply connect to the landscaping that the owner is going to do there.

There were no objections from the Village Board of Trustees for the removal of the fence.

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 190,389.64

General Fund Claims $172,145.28

Water Fund Claims 13,147.29

Sewer Fund Claims 3,622.61

Library Fund Claims 1,474.46

Senior Nutrition Fund 4,260.40

Water and Sewer Fund 36,895.92

Library Fund 6,904.71

Capital Projects Fund 2,207.60

Trust and Agency Fund 20,005.79

TOTAL $260,664.06

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich requested that an audit be conducted regarding cell phone usage.

9) Approval of Minutes -

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

Regular Meeting September 24, 2007

Regular Meeting October 9, 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.

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. 10:00 pm.