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Village Board Meeting Minutes - December 3, 2007
Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, December 3, 2007 at 8:05 pm in the Frank J. DiMicco Board Room, Village Hall, 104 Main Street, Mount Kisco, New York.
Present: Mayor J. Michael Cindrich
Trustee Peter DiChiara
Trustee Peter Grunthal
Trustee Anthony Markus
Also Present: James Palmer, Village Manager/Clerk
Whitney Singleton, Village Attorney
Absent: Trustee George L. Griffin, Jr.
1) Communications:
A. Letter from the Knights of Columbus re: Nativity Scene on Village Property.
Mayor Cindrich read the letter from Anthony J. Monteleone, Past Grand Knight dated November 28th requesting permission to place the Nativity Scene on Village Property.
Motion made by Trustee Markus and seconded by Trustee Grunthal granting permission to the Knights of Columbus to place their Nativity Scene on Village Property with the following conditions; the exact location will be determined by the Village Engineer, that the Nativity Scene be installed by a licensed electrician, that a certificate of insurance be provided with the Village of Mount Kisco named as an additional insured. The Nativity Scene will be maintained by the Knights of Columbus including the removal.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Abstain
Trustee Grunthal Aye
Trustee Markus Aye
B. Letter from the Joseph Luppino re: Board of Fire Commissioners.
Mayor Cindrich read the letter from Mr. Joseph Luppino dated October 16, 2007.
Mayor Cindrich stated that he thought Mr. Luppino was well qualified to be a Fire Commissioner, but I think that the current Fire Commissioner who has served this community well should remain in that position. I don't think there is any reason to change at this point in time. But we will keep your letter on file.
Mr. Joseph Luppino stated that he was sorry that he didn't bring the rules of the appointment of Fire Commissioners with him tonight. But his term is up. I think I am entitled to an interview and I think that I am entitled to a vote out of my company.
Mayor Cindrich replied that he could have the Village Attorney articulate to him what the law is and the law is quite clear that it is an appointment by the Mayor. He added that with some deliberation his decision is to stick with the Fire Commissioner that presently services the community.
Mr. Luppino asked if there was a copy of the law here tonight.
Village Attorney Singleton replied that it is Article 3 of the New York State Village Law. This particular appointed position when this term ends the position is filled by the appointment of the Mayor.
Mr. Luppino replied that he believed we didn't go under that, we go by a law that Mayor Patricia Reilly enacted.
Village Attorney Singleton stated that this was a topic of discussion last year and that the practice that had been followed by Mount Kisco violated the State Law. State Law can not be contravened in that fashion.
Mr. Luppino stated that we were told that there was going to be no change in how the Fire Commissioners got appointed.
Mayor Cindrich stated that we have no other communication from the Fire Company, and we have your letter on file.
Mr. Luppino stated that we have documentation stating that this Board would not change.
Mayor Cindrich asked who we were.
Mr. Luppino replied the Fire Department. We have a set of rules. The Fire Company is waiting for a letter from the Town notifying them of a vacancy. The Fire Company never got notification of a vacancy.
Village Attorney Singleton stated that he has not wavered in this position. He stated that he sat here a year ago and explained what the applicable law was. He had met with the Board of Fire Commissioners to confirm and demonstrate what the applicable law was.
Mr. Luppino stated that the department as a whole was made to understand from the Town Board that those rules were going to stay.
Deputy Mayor DiChiara stated that it is State Law that the Fire Commissioners has to be appointed by the Mayor.
Mr. Luppino stated that he put in his letter a while ago, because he didn't want this to happen. He thought he was entitled to an interview.
Mayor Cindrich stated that the current Commissioner responded in the affirmative that he wished to be appointed.
Mr. Luppino replied that the Village's web site and cable channel listed a vacancy for the Board of Fire Commissioners. I applied for that and I have still not gotten and interview. My company did not have their vote yet. You're supposed to say that you interviewed Joe Luppino, the current Fire Commissioner and who ever else.
Mayor Cindrich stated that he was following State Law. We will take the recommendation of a Fire Company as to who they would like to serve as Fire Commissioner.
Mr. Luppino stated that he was told last year, he was not going to get into specifics or the person that was asked not to run or whatever. But we were told that those rules apply.
Village Attorney Singleton stated that we sat in this room and it was explained by me, to the Board and to the public what the State Law provides for, both under Article 3 of New York State Village Law Governing all Board and Commissions and under Article 10 of the Village Law governing Fire Departments, Board of Fire Commissioners. I explained that the practice of the Village violated State Law and that I could not recommend to this Board that it be followed. Then I was asked by the Board to sit down and come up with a proposed policy which would be consistent with New York State Law and offer a preference for certain positions consistent with each Fire Department having a potential representative. I drafted that local law consistent with what we had discussed and it was suggested that not adopting that law would be preferential and just going by State Law and that was recommended by the Board of Fire Commissioners.
Mayor Cindrich stated are you telling us this evening that John Yantos who has served for a number of years as Fire Commissioner, has worked for the better of the Fire Department, has worked closely for a number of years with this Board, does haven't the support of the Mutual Engine and Hose Company.
Mr. Luppino stated that the Mutual Engine and Hose Company meets Thursday night and there might be a possible vote then. I am not going to speak on behalf of the Mutual Engine and Hose Company at this time.
Mayor Cindrich thanked Mr. Luppino.
Mr. Luppino replied so you are not accepting my letter.
Mayor Cindrich replied we are accepting your letter.
Mr. Luppino stated and you're just going to put in John Yantos.
Mayor Cindrich stated that he was going to reappoint John Yantos with the approval of the Board.
Mr. Luppino replied ok, see you under public comment.
2) Petitions: None
3) Board, Committee and Commission Reports: None
4) Village Manager's Reports -
A. Letter of Byram Lake
Village Manager James Palmer advised that the level of Byram Lake was at 74.9% capacity this afternoon, which is down from 75.6% that was reported at our previous Board Meeting on 11/19/07.
He also reported that members of the Byram Lake Committee have requested a tour of the Filtration Plant and I have scheduled that for tomorrow at 2:00 pm and I will be accompanying them.
B. Library Project Update.
Village Manager James Palmer advised that the bid documents have been reviewed by our construction manager and they have made their recommendations and the Board needs to review both the add alternates and the deduct alternates that were part of the project. The Board should have a complete packet on all the bidders for all the six contracts.
He also noted that Insite Engineering had told him some very positive news. That there was a very good chance that the Village will have its DEC permit for the installation of the 29 wells behind the Library before the end of January.
Deputy Mayor DiChiara noted that a meeting needed to be scheduled to review what scenarios, what budget, what sorts of money have to be raised. We need to award the bid and in doing so we need to make sure we are staying within financial guidelines. We need to have a meeting rather quickly so that by the December 17th meeting the Board can award the contracts.
The Village Board of Trustees agreed to hold a Work Session on this subject for Monday, December 10, 2007 at 8:00 pm to be held in the Village Hall Board Room.
C. Bid Results - Sidewalk Replacement.
Motion made by Mayor Cindrich and seconded by Trustee Markus awarding Contract #2007-13 - 2007 Sidewalk Replacement & Appurtenant Work to Peter J. Landi, Inc. in the amount of $31,107.50, subject to the contract being reviewed by the Village Attorney, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Village Manager Palmer reported that the streets that are being resurfaced have been milled. Depending on the weather they will be begin resurfacing tomorrow. He also wanted to reach out the patrons of the North Moger Parking lot and advise them that the lot will continue to be open and we apologize for the inconvenience over the next few days.
Village Manager Palmer reported that the asbestoses remediation is well under way at the 71 Maple Avenue location and hopefully the demolition should begin to commence on that before the end of this week.
D. Request for an Executive Session to discuss pending litigation, personnel and real estate matters.
Motion made by Trustee Markus and seconded by Deputy Mayor DiChiara 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 Grunthal Aye
Trustee Markus Aye
5) Board Reports:
Trustee Grunthal reported on the global warming meeting he recently attended in the Town of Bedford. He stated that the Town of Bedford has been working for some time on issues of global warming. This is now a subject which is of consternation for municipalities across the county. The fact that we really need to reverse the emission of carbons into the atmosphere. Bedford has responded by setting up an Emissions Advisory Counsel. They have done a lot of work and gone a long way to analyze and see what can be done by the Village at a number of different levels to reduce carbon emissions in Bedford and their goal is a 20% reduction by the year 2020. Our Conservation Advisory Counsel is extremely keen to work on exactly the same project and to have the Village Board help them by “picking the low hanging fruit”. There are a number of things that can be done to start reducing carbon emissions very quickly. There are many other things that can be done, but they take more time. So on December 10th the CAC will be meeting and they will be looking to prioritize the various things that can be done so that they can come to us with a list of the low hanging fruits.
Trustee Markus reported that the Sign Law has been reviewed by the Village Attorney and it has been sent back with some general and specific comments. We will vent them out and have the Village Attorney review it for a final time and then present it to the Village Board shortly thereafter.
Deputy Mayor DiChiara stated that he had attended the Work Session for the Westchester County Board of Legislators. He was able to speak at the meeting and he reminded the County Board of Legislators that Mount Kisco is the only Town in Westchester without a County Park and the Village of Mount Kisco should be provided some money to have a park. The only item in the County's Capital Budget that affected Mount Kisco was the bridge on Lexington Avenue and I reminded the County Legislators that that project is woefully inadequate and not being executed adequately.
Mayor Cindrich reported that he along with Trustee's DiChiara and Griffin attended the annual tree lighting sponsored by the Chamber of Commerce. The event was well attended. He added that he had to commend the American Legion in their efforts in hosting all the children back at the Legion Hall. The event showed great community spirit.
Mayor Cindrich reported that he along with Trustee DiChiara attended the ground breaking of the renovation of the new ball field on Carpenter Avenue with a few community members. It is something that we have been successful in having another piece of property that we can renovate at minimum and make it more conducive to a good recreation for the youth of our community.
Mayor Cindrich stated that he has been dealing on a number of issues with Code Enforcement and site plan review. I have received a number of calls from residents who are frustrated by certain activities going on and I have been trying to explain the code and I have spent a considerable amount of time explaining the code and the requirements of the Planning Board and of our site plan review. I think it is imperative that this Board does meet with the Planning Board because there are a few things that I would like to go over. He asked Village Manager Palmer to work on scheduling a meeting with the Planning Board to make sure that they know that the Village Board is on the same page.
The following motion was offered by Mayor Cindrich and seconded by Deputy Mayor DiChiara to enact the Free Annual Holiday Parking Program under the following criteria: Park Free for 1 hour in a one hour meter. Park Free for 2 hours in a two hour meter. Park free for 4 hours in a four hour meter. Car tires will be chalked in these parking areas. 12 Hour metered spaces will not be included in this program and will be strictly enforced. This will take place from December 7th to December 28th, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
6) Old Business
A. Proposed changes to the Driveway and Curb Cuts local law for future public hearing consideration.
The Village Board reviewed the proposed changes to the proposed local law as proposed by the Village Attorney. The Village Board also decided to also add the following to the proposed local law “The lot must be at least one acre in size”. The public hearing will be continued at the December 17, 2007 Village Board Meeting.
Village Attorney Singleton stated that this proposed ordinance was referred to the Planning Board and that the Planning Board did give favorable feed back on it.
7) New Business
Board, Committee and Commission Term Expirations December 4, 2006.
Resolution appointing Nancy Abramson to the Architectural Review Board.
Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Nancy Abramson to the Architectural Review Board term to expire 12/6/2010, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Robert Marino to the Board of Assessment Review.
Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara appointing Robert Marino to the Board of Assessment Review term to expire on 9/30/2012, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Joyce Wall and Bryan Parker to the Byram Lake Committee.
Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Joyce Wall and Bryan Parker to the Byram Lake Committee terms to expire on 12/6/2010, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Robert Liebman to the Conservation Advisory Council.
Motion made by Mayor Cindrich and seconded by Trustee Grunthal appointing Robert Liebman to the Conservation Advisory Council term to expire on 12/7/2009, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing John Yantos to the Board of Fire Commissioners.
Mayor Cindrich stated that he was predisposed to appoint John Yantos who has served this community for a number of years as a Fire Commissioner in an extraordinary fashion. I am going to table this and give Joseph Luppino an opportunity to make his argument. But Village Law is clear that the Board of Fire Commissioners appointment by State Law rests with this Board.
Deputy Mayor DiChiara stated that I don't think we have ever not reappointed a candidate who is a present volunteer, we might have perhaps changed a Chairman, but we have always reappointed volunteers because if someone is volunteering and doing the work they should be allowed to continue.
Resolution appointing Joanne Spolzino to the Leonard Park Committee.
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Joanne Spolzino to the Leonard Park Committee term to expire on 12/3/2012, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Douglas Hertz and Joseph Cosentino to the Planning Board.
Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara appointing Douglas Hertz and Joseph Cosentino to the Planning Board term to expire on 12/6/2010, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Michal Winter to the Recreation Commission.
Motion made by Deputy Mayor DiChiara and seconded by Trustee Grunthal appointing Michal Winter to the Recreation Commission term to expire on 12/1/2014, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Lanson Hyatt to the Tree Preservation Board.
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Lanson Hyatt to the Tree Preservation Board term to expire on 12/6/10, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Jane L. Stewart as Village Historian.
Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Jane L. Stewart as Village Historian term to expire on 12/10/2010, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Resolution appointing Joan Stewart and William Stewart to the Landmark Historical Preservation Commission.
Motion made by Mayor Cindrich and seconded by Trustee Grunthal appointing Joan Stewart and William Stewart to the Landmark & Historical Preservation Commission term to expire on 12/6/2010, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
Mayor Cindrich stated that the current members of the Community Relations Committee have indicated that they do not wish to continue to serve. I think the Community Relations should rest with this Board and anybody that has an issue on community relations should take it up with the Village Board in the future.
B. Resolution in support of submission of an Application to the Shared Municipal Services Incentive Grant Program.
The following resolution was offered by Trustee Markus and seconded by Trustee Grunthal:
Whereas, the Village Board of the Village of Mount Kisco hereby designates Gennaro Faiella, Town Administrator of the Town of New Castle, and his designee as the Lead Applicant Contact person to submit an application to the Shared Municipal Services Incentive Grant Program. Mr. Faiella shall be authorized to execute all financial and/or administrative processes relating to the grant program, and
Whereas, the Village of Mount Kisco, Towns of New Castle and Bedford have entered into a Memorandum of Agreement regarding the Kisco River/Croton Watershed in order to share “information and resources and improved the quality of run-off into the Kisco River and Croton Watershed as well as improve the health, ecology, economic and recreation potential of the River itself” (Memorandum of Agreement, page 1); and
Whereas, the three municipalities have jointly undertaken to obtain proposals for a Hydrologic evaluation and analysis and Stormwater assessment of the Kisco River Watershed, and
Whereas, the three municipalities are jointly requesting a grant in the amount of $300,000 to undertake these studies; and
Whereas, the three municipalities have agreed to provide a local match in an amount no less than $200,000, representing a joint contribution no less than 40% of the total project cost; now
Therefore, Be It Resolved, that the Village Board of Trustees of the Village of Mount Kisco supports the submission of an application to the Shared Municipal Services Incentive Grant Program to further the cooperative efforts of the Village of Mount Kisco, Towns of New Castle and Bedford to protect and improve water quality in the Kisco River/Croton Watershed as tributary to the New York City Croton Reservoir.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
C. Resolution authorizing the contract with Penflex for actuarial administrative services.
The following resolution was offered by Trustee Grunthal and seconded by Trustee Markus authorizing the Village Manager to sign the contract with Penflex for actuarial administrative services for 2007/2008 for an estimated annual cost of $4,450.00, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
D. Resolution authorizing the payment for unused vacation time to Police Officer David Pezzello.
The following resolution was offered by Deputy Mayor DiChiara and seconded by Trustee Markus.
Be it resolved, the Village Board of Trustees hereby authorizes a one time payment of $6,222.05 to Police Officer David Pezzello for unused vacation days in 2007 pursuant to the terms provided in the November 28, 2007 letter provided by Joseph Spinelli to Village Manager James Palmer, all in favor.
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
8) Bills -
The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Grunthal to pay the bills, all in favor.
General Fund $103,825.48
General Fund Claims $102,605.42
Water Fund Claims 412.42
Sewer Fund Claims 65.44
Library Fund Claims 242.20
Trust Fund Claims 500.00
Senior Nutrition Fund 2,064.38
Water and Sewer Fund 661.53
Library Fund 1,304.45
Capital Projects Fund 16,473.49
Trust and Agency Fund 3,224.46
TOTAL $ 127,553.79
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Aye
9) Approval of Minutes -
Motion made by Trustee Grunthal and seconded by Deputy Mayor DiChiara approving the following minutes:
Public Hearing and Regular Meeting of November 19, 2007
Motion Adopted
Mayor Cindrich Aye
Deputy Mayor DiChiara Aye
Trustee Grunthal Aye
Trustee Markus Abstain*
*Trustee Markus abstained because he was absent at the November 19, 2007 meeting.
10) Non-Local Business - None
11) Public Comment -
Mrs. Joyce Wall stated that lately the speeding traffic on Croton Avenue has been horrible. The cars do not stop for the stop signs. She requested that the Police Department step-up the selective enforcement patrols for that street.
Mayor Cindrich replied that the Chief Anderson has made a proposal to the Village Board about complementing the routine patrols with a special enforcement unit that is going to focus on some of those issues.
Mrs. Anne Whalen commented about the proliferation of jay-walkers in the Village of Mount Kisco you can't see them and somebody is going to get hurt.
There being no further business to come before the Board a motion to close the meeting was made by Deputy Mayor DiChiara and seconded by Trustee Markus, all in favor.
10:00 pm.
__________________________
James M. Palmer
Village Manager and Clerk
Regular Meeting December 3, 2007 1.
Created by pmaiorano. Last modified 2008-04-08 15:31:26.