Village Board Meeting Minutes - October 9, 2007

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, October 9, 2007 at 7:30pm 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 L. Griffin, Jr.

Trustee Anthony Markus

Trustee Peter Grunthal

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Mayor Cindrich opened the meeting with the Pledge of Allegiance and asked everyone to pleased 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. Mayor Cindrich asked that we keep in our prayers the families of Nicollet Scala, Norman Rice, and Henry Creciola who passed away earlier month.

Mayor Cindrich stated that he is pleased this evening to be honoring members of the Special Police. Mayor Cindrich advised that this organization is well over 40 years old and has had many dedicated members who have served the Village over the years. Mayor Cindrich advised that the organization has been disbanded for a variety of reasons and honored the following with a certificate of appreciation; Gary P. Auld; James B. Brown; Thomas J. Fisher; John W. Gabriel; Dominick A. Pasquale; Rosario V. Simone and Robert J. Terwilliger.

1) Communications:

A. Letter from Donald Fitzgerald dated September 18, 2007 advising that he is resigning from the Building and Grounds Committee.

B. Letter from the Mount Kisco Chamber of Commerce dated September 19, 2007 requesting permission to schedule the 2007 Village Tree Lighting Ceremony on Friday, November 30, 2007.

Mayor Cindrich said that due to the construction activities at the Library site the Village Manager and Building Inspector should take the necessary precautions for a successful tree lighting ceremony.

Resolution Approving 2007 Tree Lighting Ceremony

Motion made by Mayor Cindrich and seconded by Trustee Grunthal approving the request from the Mount Kisco Chamber of Commerce to hold the 2007 Tree Lighting Ceremony on Friday, November 30, 2007, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

2) Petitions: None

3) Board, Committee and Commission Reports: None

4) Village Manager's Reports -

A. Letter of Byram Lake

Mr. Palmer advised that the level of Byram Lake as of 9:00am this morning was at 78.6% of capacity, daily average pumpage was just over 1.64 million gallons which includes having the Leonard Park Wells on during the day. Mr. Palmer reported that the ten year average for Byram Lake is 79.04% and with our current level at 78.6% we are just slightly below as of this morning. Mr. Palmer advised that the Village will continue to be at Level 1 Water Restrictions.

Mayor Cindrich encouraged residents to please voluntarily conserve water.

B. New Hires

Mr. Palmer announced the following new hires; Steven Smith, Water Maintenance Worker II, Annunziato Tripodi Laborer, and Mynor Flores Laborer.

C. Library Project Update

Mr. Palmer advised that he received this morning the latest construction budget estimate and asked that a work session be scheduled to discuss this further.

The Board agreed to meet on Wednesday, October 10, 2007 at 8:00pm to discuss the Library Construction Budget.

D. Leaf Collection Program

Mr. Palmer advised that the leaf collection program will be starting soon. Mr. Palmer asked that when leaves are brought to the curb they are not put in the roadway and that an alternate is to use recycling bags that can be purchased at Village Hall.

E. Resolution Awarding Bid for Road Rehabilitation & Appurtenant Work

Motion made by Trustee Griffin, Jr. and seconded by Trustee Markus awarding the bid to ELQ Industries, Inc. for Road Rehabilitation & Appurtenant Work in the amount of $273,853.83 as per the bid specifications in Contract #2007-09 and pending approval of contracts by the Village Attorney, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

F. Resolution Awarding Bid for Fox Center Improvements

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus, based upon the recommendation of Westchester County Department of Planning, awarding the bid to Pat Corsetti, Inc. Mamaroneck, New York in the amount of $406,496.00 as per bid specifications in Contract # 2007-14. Said award is contingent on receiving a letter of recommendation from the Superintendent of Public Works, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

G. Resolution Scheduling an Executive Session

Motion made by Trustee Markus and seconded by Deputy Mayor DiChiara scheduling an Executive Session following the close of the Regular Meeting this evening to discuss pending litigation, personnel and real estate matters, all in favor.

5) Mayor's Reports

Trustee Grunthal advised that the Byram Lake Committee met last week and reviewed the Water Quality Analysis and Monitoring Evaluation done by the Chazen Company. Trustee Grunthal advised that this was a study that included five years of data gathered by our water monitoring company that would give us a report on the status of the Lake and also to help make recommendations for the future. Trustee Grunthal advised that the Byram Lake Committee also evaluated the work done by Chazen Company and it is the Committee's view that the report was extremely well done and they addressed the issues raised by the Committee in a very responsive professional manner. Trustee Grunthal said that a number of recommendations were made and advised that Mr. Econom, Assistant Village Manager/Engineer will prioritize the actions to be taken from both the old Enza Report and the Chazen Report.

Trustee Griffin, Jr. advised that he has received many questions from residents regarding sidewalk repair and what areas will be done next.

Mr. Palmer advised that Mr. Econom is in the process of preparing this now.

Deputy Mayor DiChiara advised that with respect to 71 Maple Avenue, he and Trustee Markus are going to form and work on a committee to analyze the best usage for the property on Maple Avenue. Trustee DiChara advised that he has been in contact with A-Home as well as Community Housing Innovations and Neighbors Link to get ideas.

Mayor Cindrich advised that the Board celebrated with the Independent Fire Company their Hundredth Anniversary this past Saturday; celebrated with the Italian American Club the Columbus Day Ceremony at the Columbus Statue; and attended the Latin American Festival at the elementary school on Sunday.

Mayor Cindrich advised that with respect to bicycles on sidewalks, he has received several complaints and experienced hazardous conditions and it is something that the Board needs to address. Mayor Cindrich said that he does not believe that adults should be riding bicycles on sidewalks and asked the Village Manager to see how other communities handle this issue.

Mayor Cindrich advised that he received a letter from George Arco, on behalf of the Chamber of Commerce; Mr. Arco heads the Chamber's Traffic Committee, and he praised the work that was done by the Village on Route 117 stating that "it has reduced the congestion in the area of the Columbus Statue and Indian and it is in the best interest of the community that the Village keep moving forward."

Mayor Cindrich thanked Village Attorney Whitney Singleton for spearheading the case presented to Judge Dennis Donovan in reference to the Renee Dubois property which the Village was successful in preventing certain development of that property. Mayor Cindrich said that this was a complicated case having to do with "Not for Profit" organizations holding a piece of property for a length of time and then deciding that however they raise money or however they presented their argument for this piece of property didn't matter, they could take a more than reasonable rate of return on the property and do things contrary to what the donors perceived they would do when they made the donations. Mayor Cindrich advised that the grants to this property were given so that we can perpetuate preserving the quality of our Lake, protect the water supply in the area and for park and conservation purposes. Mayor Cindrich advised that the language in the grants was specific that the property would be used to preserve Byram Lake and members of the Foundation recognized the need back in 1978 that we should undertake an initiative to protect and preserve the Lake so that this property would not be developed. Mayor Cindrich advised that in the Decision by the Judge it stated that "even if the Court were to accept as fact that the donors contributed to many different charitable organizations, this fact would not foreclose the finding that the donors intended to make restrictive gifts in this specific case"; relevant documents from the Corporate Resolution through the transmittal letters accompanying the donations to the Restrictive Agreements supported that conclusion." Mayor Cindrich added that these documents consistently state "that the natural state of land is to be preserved; the reasons for keeping the land in its natural state are multifaceted including 1) to preserve the quality of the Lake, 2) to protect it as a water supply, 3) for park and conservation purposes and 4) permit scientific research compatible with the natural environmental state of the property."

Mayor thanked Mr. Singleton for the excellent job; the Judge was right on target and the people from the Meyer Foundation and the Wallace Group would be very proud of what has happened; their donations were not cast aside so that a developer could make an even greater profit on a property that they donated a number of years ago for the sole purpose of the preservation our Lake.

6) Old Business

A. Resolution Scheduling a Public Hearing Re: Taxi Cab Ordinance

Motion made by Trustee Grunthal and seconded by Trustee Griffin, Jr. scheduling a Public Hearing for Monday, October 22, 2007 to hear comments regarding the Taxi Cab Ordinance, 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. Village Manager, James Palmer, advised the Board of the expiring terms of various members of Boards, Committees and Commissions.

B. Resolution Appointing to the Ethics Board

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara appointing Amy Justiniano to the Ethics Board, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Mayor Cindrich asked Village Manager James Palmer to contact the Recreation Center regarding their request for a Halloween parade; the numbers that were presented by the Police Department are, in his opinion, prohibitive. Mayor Cindrich advised that the Recreation Commission will be discussing this at their next meeting; he would like this parade to take place but in the most cost effective way.

D. Resolution Authorizing the Village Manager to Authorize Revised Description for the Declaration and Lease Agreements for Westchester Residence

Village Attorney, Whitney Singleton, advised that contractual arrangements that the Village has with Westchester Residence/Town and Country required certain deed restrictions be placed on the existing Town and Country property as well as a provision for the present leasing and future acquisition of a particular tax lot known as "the lower eighteen acres of the Swiss Home Property." Mr. Singleton advised that in review of the documents that were filed, their Title Company put a Deed Restriction on the property that we are acquiring as opposed to the property that they are giving up. Mr. Singleton stated that we have requested that this be modified and they are in the process of doing so. Mr. Singleton advised that at the applicant's request, they are also clarifying what exactly is "the lower portion of the Town and Country site" because the application had a larger piece of land then the tax lot we intended on selling. Mr. Singleton advised that we are correcting the Lease and the Memorandum of Lease reducing it from the eighteen and half acres to seventeen acres plus consistent with the tax designation that exists for that lot.

Mayor Cindrich said for the remaining 31 acres he would like to see a survey prepared drawing the "tax lot line" and the "meets and bounds" recorded so the Village can start looking at how we are going to preserve that property with restrictive covenants or deed restrictions.

Motion made by Trustee Grunthal and seconded by Trustee Griffin, Jr. hereby authorizing the Village Manager to authorize revised descriptions for the Declaration and Lease Agreement for Westchester Residence.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution Authorizing the Mayor to sign the Memorandum of Agreement

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. ratifying the Memorandum of Agreement between the Village/Town of Mount Kisco and the United Federation of Police Officers, Inc. dated October 3, 2007 and covering the period June 1, 2005 through May 31,2008 and approves the funding for such Memorandum of Agreement,

AND BE IT FURTHER RESOLVED that the Village Mayor is authorized to execute a collective bargaining agreement for the period June 1, 2005 through May 31, 2008 that is consistent with the terms of the Memorandum of Agreement covering the same period.

Mayor Cindrich explained that this Agreement is for the Village's Clerical Group.

Village Manager, James Palmer, explained that the ratification of this Memorandum of Agreement will provide for resolution of the fourth and final collective bargaining agreement that is currently outstanding. Mr. Palmer advised that the Agreement covers the years June 1, 2005 through May 31, 2008.

Trustee Grunthal stated that he has an issue with the wording on page 5, Article VII, last paragraph, Compensation of Members. Trustee Grunthal said that he felt that this statement makes no sense and has no place in an employment agreement.

Mr. Palmer said that he accounted for the fact that all of the other contracts have been settled for the two years and that there is only one year left on this agreement and that there is only one bargaining unit which does not have a contract for the 2007-2008 year.

Trustee Griffin, Jr. said that the reality is that we are not going to have increases higher than 4.5% in the future.

Mayor Cindrich said that he appreciates Trustee Grunthal's comments; most of the Board does agree that there was not enough thought put into this contract when this clause was put in and it does, in his opinion, impede good faith negotiations with other bargaining units. Mayor Cindrich said that there is case law that supports his position that this would not necessarily stand if the Village made the position that it does impact negatively the good faith negotiations of other units.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Nay

Trustee Markus Aye

E. Resolution Authorizing the Adoption of Parking Permit Rates for 2008

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. approving the 2008 Parking Permit Rates, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

F. Resolution Authorizing the Appointment of LOSAP Investment Advisor

Village Treasurer, Thomas Warren, explained that back in 2004 after the Village adopted the LOSAP Program (Length of Service Award Program) for Volunteer Firefighters, the committee interviewed four different Financial Advisors in order select an advisor to assist the Village with their investments. Mr. Warren explained that this was a very lengthy process and as a result the committee recommended and chose Morgan Stanley as the Village's Investment Advisory for the LOSAP Program. Mr. Warren advised that in July the principals that the Village had worked with at Morgan Stanley left the firm and is now working for UBS Financial Services. Mr. Warren said that the committee met with Frank Castro and Raymond Hart formally of Morgan Stanley and representatives that Morgan Stanley had replaced both Mr. Castro and Mr. Hart with. Mr. Warren advised that he, Mr. Palmer and Trustee Grunthal had concluded that they liked the working relationship that they had with Mr. Castro and Mr. Hart and came to realize that it wasn't just the firm but rather the people that they have worked with. Mr. Warren stated that the committee would like the Board of Trustees to authorize the committee to transfer the money from Morgan Stanley to UBS Financial Service so that the Village can continue this working relationship.

Mayor Cindrich asked if there are any costs to the Village with this transfer.

Mr. Warren said that there are no costs and in fact the contract from UBS Financial Services is for a lower percentage

Trustee Grunthal said that it is more to the intellectual strength that these two individuals bring; we selected them because they represented a team that thought very effectively about investments. Trustee Grunthal said that when you select an investment advisor you want individuals that you can develop a relationship with and trust.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. authorizing the Village Treasurer to utilize the investment advisors of Frank Castro and Raymond Hart of the CDHG Wealth Consulting Group at UBS Financial Services, Inc. to serve as investment advisors and consultants in accordance with the Village's Investment Policy, as amended, and,

Be it further Resolved, that the Village Manager, Village Treasurer, Mayor or his/her designee shall be designated as Trustees of the Village Length of Service Award Program investment program, and

Be it further Resolved, that the Village Manager and Village Treasurer are authorized to sign the documents necessary to open the appropriate investment accounts at UBS Financial Services, Inc. subject to review and approval of such documents by the Village Attorney, 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 Griffin, Jr. and seconded by Trustee Markus to pay the bills, all in favor.

General Fund $109,301.39

General Fund Claims $99,419.62

Water Fund Claims 6,452.98

Sewer Fund Claims 343.86

Library Fund Claims 107.43

Trust Fund Claims 2,977.50

Senior Nutrition Fund 1,877.75

Water and Sewer Fund 100,653.64

Library Fund 1,894.58

Capital Projects Fund 102,823.09

Trust in Agency Fund 15,839.92

TOTAL $ 332,390.37

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes - None

10) Non-Local Business - None

11) Public Comment

Anthony Giordano asked what is happening with the Lexington Bridge; it seems like work has stopped.

Mayor Cindrich said that consistent with Westchester County contractors that the Village has experienced in the past, it looks like the project is abandoned. Mayor Cindrich said that the Village has spent considerable amount of time using our own resources and for whatever reason they have disappeared and we do not have an answer.

Trustee Griffin, Jr. announced that on October 21, 2007 the Mount Kisco Lions Club will be holding their Annual Gourmet Brunch and encouraged everyone to participate. Trustee Griffin, Jr. also announced that the Sons of the American Legion and Moses Taylor Post 136 will be holding their Fall Barbeque.

Mayor Cindrich announced that the Bethel Baptist Church will be celebrating their 70th Anniversary and there will be a ceremony at the Church that day.

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.

9:40pm.

__________________________

James Palmer

Village Clerk

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Regular Meeting October 4, 2007

Created by pmaiorano. Last modified 2008-04-08 15:19:12.