Village Board Meeting Minutes - August 16, 2007

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Thursday, August 16, 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 Anthony Markus

Absent: Trustee Peter Grunthal

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Mayor Cindrich opened the Village Board Meeting. He asked everyone to stand and recite the Pledge of Allegiance and asked everyone to please reflect on why we are here and asked for guidance in the decisions we make this evening that they will benefit all the people of Mount Kisco. He also asked that people remember in their prayers and thoughts the families of John Tucci, Rocco Cambareri, Gisela Morrealle, Josephine Palmer and William Warren all of whom recently passed away.

3) Board, Committee and Commission Reports:

A. Introduction of new members of the Mount Kisco Rescue Fire Police.

Captain Mario Muccioli introduced the new members of the Mount Kisco Rescue Fire Police.

Mayor Cindrich administered the Oaths of Office to the following members:

Laureen Rivera Leon

Lanson Hyatt

Joshua Fine

Marcelo Videla

Public Hearing

2007 Basic Life Support Ambulance Service Contract

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 opened the Public Hearing the 2007 Basic Life Support Ambulance Service Contract with the Mount Kisco Volunteer Ambulance Corps.

Village Manager Palmer stated that this was the contract that the Village has with the Mount Kisco Volunteer Ambulance Corps. The contract is identical to last year's agreement. This agreement will run for the period of June 1, 2007 through May 31, 2008. The contract includes a payment to the Corps of $30,000 to be made in monthly payments of $2,500 per month. This amount was also agreed to with them for the 2006/2007 year. The agreement also details the requirements for insurance with the Corps, what utilities the Village will also be paying for at the facility.

The Mayor and Village Board of Trustees all concurred that the Ambulance Corps does an excellent job and that all the volunteers are very unselfish. The Village Board along with all the citizens of the Village truly appreciates the volunteer's hard work.

There were no comments from the Public.

Motion made by Trustee Markus and seconded by Deputy Mayor DiChiara closing the public hearing regarding the BLS Ambulance Service Agreement for 2007, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

1) Communications:

A. Letter from the Board of Fire Commissioners/Mount Kisco Fire Department re: September 11^th Remembrance Ceremony.

Mayor Cindrich read the letter from the Board of Fire Commissions/Mount Kisco Fire Department dated July 23, 2007.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus approving the request to hold a Remembrance Ceremony on Tuesday, September 11^th at 6:15 pm, all in favor

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Mayor Cindrich read the letter from the Northern Westchester Hospital dated July 9, 2007.

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Markus that the Village Board approves the concept of a parade for Popul Vuh/Latino American Association on Sunday, October 7^th and that it is contingent on the satisfaction and conditions of the Police Department, and the Village Board who is looking out for local community and the churches on a Sunday. The Village Manager will contact both representatives from the Northern Westchester Hospital and Popol Vuh Latino America Association to set up a meeting with at least two members of the Village Board.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Mayor Cindrich read the letter from Art Nelson dated July 31, 2007.

The following motion was offered by Trustee Markus seconded by Trustee Griffin, Jr. authorizing the residents of High Street to hold their 12^th annual block party on Saturday, September 8, 2007 from 2 - 10 pm all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Mayor Cindrich read the letter from NYPIRG dated July 31, 2007.

The following motion was made by Trustee Markus and seconded by Trustee Griffin, Jr. approving the request with the following conditions:

That they conclude their canvassing at 8:00 pm.

That the canvassing be limited to a two week period of their choice.

That no canvassing be done at all on Sunday.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Trustee DiChiara asked why these requests had to be approved at Village Board Meetings. He suggested that a policy be made so that the Village Manager can approve these types of requests and that a form letter be sent back to them outlining the usual conditions.

Mayor Cindrich suggested that the Village Attorney review this to see if the approval of these types of requests could be an administrative act by the Village Manager.

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 86.6.2%. The Leonard Park Wells have been activated. The daily average pumpage for the month of July was 1,753,815 million gallons per day, and the Saw Mill Pump Station inflow averaged 1,228,161 million gallons per day and the outflow averaged 1,243,248 million gallons per day.

B. Library Project Update: Geothermal System Bid Results.

Village Manager Palmer advised that we did have the bid opening for the Geothermal Well System. We only had one bidder respond and that was Connecticut Wells Inc. He asked that the Village Board provide a resolution rejecting the bid from Connecticut Wells, Inc. We will be utilizing Connecticut Wells to do a test well which should begin next week. The Village currently has a permit from the DEC to conduct the test well. After reviewing the test well results the Village will obtain an additional permit from the DEC and then rebid the Geothermal System contract again.

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Markus, rejecting the one bid received for the Geothermal System for the Mount Kisco Public Library Contract 2007-06 from Connecticut Wells, Inc. and to authorize the refund of the Bid Check from Connecticut Wells, Inc. in the amount of $20,292.75, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

C. Traffic Resolution.

The following resolution was offered by Trustee Griffin, Jr. and seconded by Trustee Markus.

Whereas, the Village requests the New York State Department of Transportation restrict right turn movements when a red signal indication is shown, from Kisco Avenue Southbound onto Route 133 Westbound, on weekdays, during the hours of 7 AM to 7 PM; and

Whereas, the Village requests the necessary studies be performed to consider implementing a left turn signal to accompany the existing left turn lane on Route 133 (West Main Street) Eastbound onto North Moger Avenue Northbound; and

Whereas, the Village requests a study be performed to adjust traffic signal timings to best suit the intersection of Route 117 (North Bedford Road) and Barker Street; and

Whereas, the Village is requesting the implementation of the previously submitted and approved changes for Main Street at Green Street; and

Whereas, the Village requests that that crosswalk on Route 172 be evaluated and improvements recommended; and

Now, Therefore Be It Resolved, that the Village Board of Trustees supports the above proposed traffic changes;

And Be It Further Resolved, that the Village Board of Trustees urges the New York State Department of Transportation to pursue the above traffic changes, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

D. Traffic Promulgation.

The Traffic Rules and Regulation Register is hereby amended with the addition of:

North Moger Avenue

No parking, standing or stopping

On its easterly side, from a point 218 feet northerly of its intersection with Quaker Hill, to a point 166 feet northerly of said intersection.

E. 2007 Middle Class Star Rebate Program.

Village Manager Palmer reviewed the new Middle Class Star Rebate Program that the Legislature and the Governor approved this past year. He noted that Senior Citizens 65 years or older who receive the enhanced STAR exemption do not have to apply.

Mayor Cindrich suggested scheduling a Saturday morning with Staff members to provide assistance to residents that might need help with filling out the star application.

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 Markus Aye

5) Board Reports:

Trustee DiChiara stated that the Mayor, himself, the Treasurer and the Village Manager met Moody's to discuss the bond rating for the Village. With an increase in the bond rating it effectively lowers your cost of borrowing. It allows you to save money on your borrowings such as the Library for Road projects, for water projects. We recently met with the Bond raters and gave them a financial presentation which was given by the Treasurer and the Village Manager. Mayor Cindrich also gave a strong presentation on the benefits of the Village and some of the challenges that we are facing. I along with the Village Manager and Treasurer chauffeured them around Mount Kisco to show them our strong tax base and our ability to generate tax revenue to repay debt. One of the strong things that Moody's commented on was the policies that we adopted several years ago after we formed the Finance Committee. Having our bond rating increased and working towards that goal is going to save the Village money in the long term. We are one of the very few Villages' in Westchester County with a rating of AA3, (AA1 to AA3). The whole Village Administration should be proud that we received this increase and we will be able to lower our borrowing costs.

Mayor Cindrich stated that this was his first opportunity to sit down with a bond rater and argue our case for the work that we have done. We are a community with a vision, we have strong leadership and this Board is making all of our resident's stake holders in the Village. The Moody's reviewers stated that we have healthy financial operations reflecting strong financial management. He commended the current Village Board and Staff for that acknowledgement. The Moody's reviewers also talked about the strong fiscal management and practices and that they expect the Village's Financial Operations to remain stable and strong. The Moody's reviewers were excited about our commercial development and that we have implemented multi year plans to keep our revenues strong, our projections on target and not over exaggerate where we are going. We are now in a select group of municipalities of this size that has this exceptional bond rating. It was a total effort by all Staff members (Patti Hogan, Tom Warren, and Jim Palmer) and also are committees that have assisted in making our financial programs strong. I also want to thank Deputy Mayor Peter DiChiara who argued this a number of years ago that soliciting the input from the community (that is encouraging community involvement and also that is making people stake holders in the community).

Trustee DiChiara wanted to explain a little further the discussions at the last meeting regarding the sidewalk sales days and the Chamber of Commerce and the affect of what it cost the not-for-profits. The Board has made a strong recommendation that the Chamber of Commerce offer a better rate to not-for-profits. The Village Manager contacted the Chamber of Commerce who provided us with their not-for-profits financial statements, their IRS determination letter and they went over the rates that the Chamber of Commerce is charging people to have tables. They are charging their member $135.00; not-for-profit's $125.00; and they are charging non-member businesses $200.00. There is a break being given to not-for-profits, however I did want to note that I did check around with other municipalities and I believe the Lions Club Runs Community Days in New Castle and they charge $60.00 a table for everyone. I also checked with the North Castle Chamber of Commerce who also run sidewalk sales days and they offer their tables free to their members. The Mount Kisco Chamber of Commerce is giving a break for not-for-profits, but still it's a lot more expensive than the sidewalk sales in the communities surrounding us.

Trustee DiChiara asked the Village Manager to find out if the following Village organization were paying for a sales days tables (Library, the Historical Society, the Fire Department, the Ambulance Corps). Because it seemed a little strange to him that the Village is giving money to the Library, the Historical Society, the Fire Department the Ambulance Corps for them to pay the Chamber of Commerce for tables. He disagree with that.

Mayor Cindrich noted that during our celebration when we were named the best Family Town in Westchester County, the Chamber of Commerce was very supportive of our efforts to make it a community wide celebration. There were a number of restaurants and a number of outreach groups that made available free drink, free food, and they contributed significantly and there were a lot of groups like the Saw Mill River Club that contributed financially to pay for things like tents, and we still owe them a debit of gratitude.

Trustee DiChiara stated that he would like to see those restaurants that made a donation pay less for their tables.

Mayor Cindrich replied that it's a management issue. The Village of Mount Kisco does a lot for the business district downtown and conversely we have to get on the same page on what we are trying to accomplish. Mayor Cindrich noted that this year's Sales days will be held on Friday, September 7^th and Saturday, September 8^th. We are trying to work with the Chamber of Commerce to make a successful event. Mayor Cindrich asked the Village Manager to discuss Deputy Mayor DiChiara's concerns with representatives of the Chamber.

Trustee Markus commended Mayor Cindrich, Deputy Mayor DiChiara, Village Manager Palmer and Treasurer Warren for all their hard work and effort in helping to obtain the Village's new bond rating. It was a wonderful project and the implementation and help of everyone concerned was greatly appreciated.

Trustee Markus reported that the sign law has been completed in draft. The Building Inspector and Patti Tipa have been meeting on a bi-weekly basis for several months in order to put this comprehensive law together which not only impacts signs, but it also impacts awnings and canopies. He noted that the sign law was much more challenging to draft than he initially anticipated. He asked that Village Attorney Whitney Singleton review the draft and once that is completed to disseminate it to the Village Board where in we can discuss the procedure by which we will communicate. It is quite a substantial piece of legislature bearing in mind that I don't believe the sign law has been modified or changed for a period of at least over 40 years and that this project of changing the sign law has been undertaken by several of our predecessors and never got completed. So I want to see to it together with the other members of this Board and with the Building Inspector and Patty Tipa that it gets completed. The sign law is well needed to help the Village ascetically along the lines with everything else we have accomplished.

Trustee Markus stated that regarding the Chamber of Commerce. His experience with them in terms of sales days several years ago when the AYSO had a table. They simply called up the Chamber of Commerce and told them we wanted to have a table and immediately they had a sponsor for us. I believe they still have that policy, so if there is an organization out there (not-for-profit or charitable organization) that wants to have a table and be part of the sales days that they call the Chamber of Commerce Executive Director and tell them not only would they like a discount but also a sponsor. My understanding is that they'll find one.

Trustee Griffin Jr. reported that he and Jeff Econom have finalized the scrutiny of the submitted bill by our Mutual Fire Department and Independence Fire Department and he will be calling the Fire Commissioners to sit down with them and come to an agreement. When an agreement is reached it will come back to the Village Board of Trustees for approval.

Mayor Cindrich stated that we often talk about the contributions not-for-profits make to the community. Often times some of the not-for-profits cross our borders and their contributing to the global northern Westchester area. Through our efforts and especially the efforts of the Village Manager the Northern Westchester Hospital has agreed to contribute a “payment-in-lieu” of taxes. This is a stipend for some of the services that are provided by the Village Tax payers to the hospital. He stated that this was precedent setting, a bench mark for other municipalities to follow and for other not-for-profits to follow that do require exceptional services from the community. We will have to continue, because the burden can't solely fall on the property owners of the Village that services are provided by not-for-profit in a regional basis.

Mayor Cindrich stated that we went through a phase of a little discord at the temporary library location and through the efforts of the Mount Kisco Police Department and the Library Staff. We are in the process of restoring the operational hours and that should happen by the middle of September.

Mayor Cindrich reported that we also had an issue recently with a water main break. He discussed the issue with the Village Manager. We do want email notifications, web site notifications to make sure that the public is aware of the break, as to what it is happening and when the resolution is going to come about.

Mayor Cindrich stated that he had received correspondence regarding certain zoning violations that are alleged in the community. We need specificity when people do see zoning violations we would appreciate being notified. We are receptive to all zoning violation complaints and we will investigate and we will communicate back to the resident our findings and if there are violations we will take the appropriate action. He added that he was encouraged by the fact that people are stake holders in their community. Without the complaints the eyes and ears of all the municipal officials are handicapped they can't see everything. We need community involvement.

Mayor Cindrich reported that New York Senator Charles Schumer has opened an office at One Park Place in Peekskill in the City of Peekskill and he requested that the information be posted on the Village's website.

Mayor Cindrich reported that the Ad Hoc Senior Group Committee (living in Westchester After 50) will be meeting on September 10^th at 2:30 pm in the Bedford Hills Town House. Trustee Markus acknowledged that he would attend the meeting. Mayor Cindrich requested that the Superintendent of Recreation also attend the meeting along with someone from the Senior Organization. He would like a report back from the Superintendent of Recreation on the Program and if we can be supportive of the program and possibly assist with other communities with the services we do provide.

Mayor Cindrich stated that he had brought up several weeks ago his displeasure with the Arben Construction Group the Lexington Avenue Bridge (the Westchester County Project). He has asked that a letter be sent to the County regarding the condition that they left the park area in. He requested that a letter go to Westchester County with an estimate of the cost of restoration of the park, even if Village forces have to perform the work. If the Village has to do the restoration work then we will and Mr. Singleton our Village Attorney will litigate for us our refund from the County. It was a County Project, their engineers failed and their inspectors failed to make sure that this property was properly restored. He would also like to bring to their attention the pooling of water after a rain storm in and around this bridge. There was extensive drainage work done, we paid for some of the drainage work and in his opinion it's a failure. There are significant puddles when people are walking on the sidewalk. This is something that the County should address and also there is uneven pavement and poor workmanship. The project may be scheduled for repaving when they do Lexington Avenue, but I think the County should look at this after a rain storm and give us a report. I would like a report on this matter from the Village Engineer in a timely fashion.

6) Old Business -

A. Board, Committee and Commission Appointments.

The following motion was offered by Trustee Markus and seconded by Trustee Griffin, Jr. appointing Dorothy Knudsen to the Tree Preservation Board for a 3 year term to expire on 12/6/10, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

The following motion was offered by Trustee Griffin, Jr. and seconded by Deputy Mayor DiChiara appointing David Roider to the Conservation Advisory Council (2 year term) and the Tree Preservation Board (3 year term), all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

7) New Business

A. Resolution authorizing the adoption of the Water Quality Improvement Projects and Nonagricultural Non-point Source Projects Municipal Resolution.

The following resolution was offered by Deputy Mayor DiChiara and seconded by Trustee Markus authorizing the adoption of the Water Quality Improvement Projects and Nonagricultural Non-point Source Projects Municipal Resolution, all in favor.

Attachment B -- Municipal Resolution

Water Quality Improvement Projects and Nonagricultural Non-point Source Projects Municipal Resolution

Resolution authorizing the items listed below pursuant to the Bond Acts enacted in 1965, 1972 and 1996 and the Environmental Protection Fund, as well as federal grant awards available for such projects.

WHEREAS, the Village/Town of Mount Kisco, herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the Project Work Plan prepared by Westchester County and submitted to the New York State Department of Environmental Conservation, is desirable, is in the public interest, and is required in order to implement a public education and outreach program; and

WHEREAS, the Environmental Conservation Law ("ECL") authorizes State assistance to municipalities for water quality improvement projects by means of a contract, and the Municipality deems it to be in the public interest and benefit under this law to be a municipal partner to the County's contract with the State for the Project;

NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Village Board of Trustees

1. That James M. Palmer, Village Manager, or such person's successor in office, is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to enter into an intermunicipal agreement with Westchester County to work with and through the County of Westchester as the lead party to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; and

2. That the Municipality agrees that it will fund its portion of the cost of the Project through eligible in-kind services and that resources will be available to meet the Municipal Partner commitment by the contract end date (March 1^st, 2009); and

3. That one (1) certified copy of this Resolution be prepared and sent to the Westchester County Department of Planning; and

4. That this Resolution takes effect immediately.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Village Manager Palmer stated that the Village had received a grant from Westchester County and the Federal Government for $236,809.00 through the Community Development Block Grant Program. The Village will be contributing $243,000 towards this project. The project includes a variety of recreational opportunities to be put in where the old existing ball field is down by the Senior Center.

The following resolution was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the Fox Center Area Improvements CDBG. , all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

C. Resolution authorizing the Village Manager to sign the BLS Service Contract Agreement for 2007 .

The following resolution was offered by Trustee Markus and seconded by Trustee DiChiara authorizing the Village Manager to sign the BLS Service Contract Agreement for 2007, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

D. Resolution authorizing the Village Manager to execute supplemental Agreement with the Power Authority.

The following resolution was offered by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to execute the supplemental Agreement with the New York Power Authority (NYPA) which will remain in effect until 2008, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

E. Resolution authorizing the Village Manager to sign the 2007 Justice Court Assistance Program Application.

The following resolution was offered by Trustee Griffin, Jr. and seconded by Trustee Markus.

Be it resolved that the Village Board of Trustees of the Village/Town of Mount Kisco authorizes the Village Manager to sign the 2007 Justice Court Assistance Program Grant Application. This Justice Court grant application is for seating for the courtroom, audio visual equipment, robes for the Town Justices. This is NOT a matching funds grant. This grant application also includes office equipment as dictated on the JCAP Purchase request that will be shipped directly to the Court and provided by the State, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

F. Resolution authorizing the Tax Certiorari Settlement Alpha Trimar vs. Village of Mount Kisco.

The following resolution was offered by Deputy Mayor DiChiara and seconded by Trustee Markus approving the settlement of the above referenced tax certiorari proceedings as follows:

RESOLUTION AUTHORIZING TAX CERTIORARI SETTLEMENT

WHEREAS, petitions have been tiled 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

Alpha Trimar, LLC 80.63-2-3 2003-2006 (Village)

2003 -2006 (Town)

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

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:

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Mayor Cindrich stated that in March of this year a Civil Service Exam was given. It was open to all of the members of the Department deemed eligible by the Westchester County Human Resources Division which included Lieutenants with one year time and grade, Sergeants with two years time and grade. The results of the test were posted approximately 70 days ago and in accordance with the state law and the decree of the Westchester County Human Resources Division we are required to make an appointment within 60 days of receiving the certified list. This Board has labored and agonized over what we consider best for the taxpayers of this Village and to move the Department forward to provide exceptional service to the tax payers. I believe we have arrived at a conclusion and that he would entertain a motion to appoint one of the three individuals that are on the certified list as the Chief of Police subject to a probationary period.

Trustee Markus stated that this Board has worked diligently and met with the candidates on two occasions and also reviewed documents and recommendations by these candidates. The Village takes this issue very seriously. We deliberated and worked very hard, with that being said he would like to nominate Sergeant Steven Anderson for the position of Chief of Police of the Village/Town of Mount Kisco. Sergeant Anderson is presently a Lt. Colonel in the Marie Corps. He has extensive experience in organizational management and in people management which are critical criteria for running a Police Department. He has been a member for approximately 12 years and he prides himself on preparation, on having a plan and going forward and implementing it. I believe he will continue to enhance the public safety of the citizens and the members of the people that are employed and come and visit this Village. I also believe that he will make this Department and its members the best that it can be. Having said that I extend that nomination.

Trustee DiChiara seconded the nomination.

Mayor Cindrich stated that Trustee Grunthal is out of Town. We did not anticipate this vote this evening when he had originally scheduled his vacation. He did submit a letter that has no legal basis, but it's a proxy vote that I want it noted in the record, that he is in support of Steven Anderson being appointed as the Chief of Police of the Village of Mount Kisco.

On the question:

Trustee DiChiara stated that he wanted to thank Louis Terlizzi for the job that he has done over the last 18 months. He stepped into a very difficult situation with the disability application of Robert Dagostino and Robert Dagostino's inability to continue as Police Chief because of his disability. We need someone to step-up and take charge of the Department. Louis Terlizzi came in, he took charge of the Department and he provided a steady hand over the last 18 months and he served this Town to the best of his ability and he performed the job with dignity. He showed all of the members of the community respect as well as he showed his officers respect and he is a fine and decent officer and the Board looks forward to Louis Terlizzi resuming his duties as Lieutenant and serving to make the Mount Kisco Police Department the best possible Police Department it can be. We under took this not by choice, but only after the disability of the previous Chief we needed to find a new Chief. We had an Acting Chief for a period of about 18 months. Part of the reason that it lasted 18 months was that they needed to take a Civil Service Exam to be named the full Chief. After that exam was given and graded we had three excellent candidates. In the news paper there was a tremendously negative article written and it took the negative charteristics of all three men. We had three excellent candidates apply for this job. Louis Terlizzi who has been a life long resident of Mount Kisco, whose family has been in Mount Kisco for years and operates a business for years, who served this community with distinction, his wife is a member of the Recreation Commission. Louis Terlizzi was an excellent candidate. We also had Lieutenant Edward Dunnigan who was a second generation member of the Mount Kisco Police Department, who has been a Mount Kisco resident, who went to the FBI school, who has been one of our most productive officers. Through our interviews with him we found him to be innovative and progressive and the Village would have been well served if we promoted Lieutenant Dunnigan. What we have done is made a decision and we've promoted Sgt. Steven Anderson to the position of Police Chief. Sgt. Anderson has been a Mount Kisco resident. He has spent over 25 years with the US Marine Corps. He is currently a Lt. Col. with the US Marine Corps Reserve. He served in Afghanistan. He has commanded much larger forces than the one we have in Mount Kisco. We are promoting Sgt. Anderson because this Board believes that he can be an agent of change and bring about change that is necessary to the Mount Kisco Police Department to make it the best Police Department in Mount Kisco. He has the support of this Board. However, any of the three candidates that took the Police Test would have been excellent candidates. We are happy to have Steven Anderson as the new Chief, but we are also happy to have Lt. Edward Dunnigan and Lt. Louis Terlizzi continuing in their positions as Lieutenant and to help the Mount Kisco Police Department move forward and become the best Police Department in Westchester County.

Trustee Griffin, Jr. stated that he concurred with Deputy Mayor DiChiara that these three men all are professionals, all are quality police officers and well experienced. The decision was difficult. My many thanks go out to Lt. Terlizzi for stepping up to the plate for us at a difficult time. However, the Village Board feels that Sgt. Anderson is the right man at the right time to take our Police Department at turn it into an excellent functioning Department. We have a lot of faith in him and we're sure he is going to do the job.

Mayor Cindrich stated that he would comment further on the Board's choice when we do have an official swearing in. He added that what he found extremely in lighting was the interview process. The Board asked each candidate to set forth a plan to provide a more efficient and effective police services for the Village in the coming years. It was unfortunate that some of these plans hadn't been instituted years ago, because a number of these members had been part of the department. Each individual presented exceptional plans and put exceptional thought into the process. One thing that I am very confident will happened is that the respect for the community, the citizenry and each other is restored in the Police Department with strong leadership. Each of these officers has served the Village well and they should be given the benefit of continuing to serve. I am asking each member of the community and each member of the Police Department and other agencies in the community to support our choice and give him all of the resources necessary to perform the task at hand. It's an extremely difficult job and extremely difficult time for this Village and Police Department, but we will weather the storm.

Village Manager Palmer polled the Board with the following results:

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye