Village Board Meeting Minutes - February 11, 2008

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, February 11, 2008 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

Trustee Peter Grunthal

Trustee Anthony Markus

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Absent: Deputy Mayor DiChiara

Trustee Griffin, Jr.

Informal Interview for CDBG Representative

Prior to the start of the Regular Village Board Meeting the Board held an informal interview with Barbara Arrington Dodds regarding her interest in serving as Mount Kisco's Citizen Representative to Westchester County as part of the Community Development Advisory Group.

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 ask for guidance in the decisions that we make here this evening that they may benefit all the people of Mount Kisco. He also asked that we keep in our thoughts and prayers two individuals that contributed in different ways to our community. Sarah Wuchinich who served as a Village Board Trustee for eight years, a real friend of the Library and a person that did a lot for this Village some quite openly and some very quietly and also Father Ralph Villani who was the Pastor of St. Frances Church who passed away after a long sad illness and a struggle. He shepherd a number of people in this community and gave back to the community in a number of ways.

Appointment of Fire Commissioner

Mayor Cindrich stated that in accordance with Village Law of New York State Section 3-308, I hereby appoint Donald Trotta to the position of Fire Commissioner. My appointment has to be ratified by the Board.

Motion seconded by Trustee Markus.

Motion Adopted

Trustee Markus - Aye

Trustee Grunthal - Aye

Mayor Cindrich - Aye

Library Foundation Award Presentation

Mayor Cindrich presented Riya Verma, Alexandra Kung and Divya Gopinath with a certificate of appreciation for their energy project, their concern for the environment and their recommendations to Mount Kisco for energy saving ideas. Mrs. Bonnie Trotta in support of these young ladies, contributed the amount of $3,000 to the Mount Kisco Library Foundation.

1) Communications:

A. Letter from the Hudson Valley Blood Services re: Blood Drive parking spaces request.

Mayor Cindrich read the letter from the Hudson Valley Blood Services to hold a Blood Drive on Saturday, February 16, 2008 from 10:00 am to 4:00 pm in front of Starbucks on South Moger Avenue and to request that the $10.00 fee per parking space (5 spaces in total) be waived.

The following motion was offered by Mayor Cindrich and seconded by Trustee Grunthal grant permission to hold the Blood Drive and to waive the parking fee, all in favor.

Motion Adopted

Mayor Cindrich 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.

Village Manager Palmer reported that the level of Byram Lake was at 82.5% of capacity. That is up from 80% at our last meeting. The daily average pumpage from the Lake for the month of January, 2008 was 1,485,387 gallons and we also continue to pump day to day from the Leonard Park Wells averaging over 100,000 gallons a day from them.

B. Bid Results for Contract 2008-1 for Leonard Park Playground Surface Replacement.

The following motion was offered by Trustee Markus and seconded by Trustee Grunthal awarding contract 2008-1 for the Leonard Park Playground Surface Replacement to Vernon Hills Contracting Corporation, 395 N. Mac Questen Parkway, Mount Vernon, NY in the amount of $41,352.00, which is being funded by F.E.M.A., all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Update on Fuel Management System.

Village Manager Palmer reported that he and Assistant Village Manager Jeff Econom are continuing to review other potential Fuel Management Systems to replace the existing “Gas Boy System” at the Highway Garage. The enclosed proposal from the Fuel Master Fuel Management System is just one of the proposals that they are currently reviewing. A new system is something that the Village Board has wanted to do for some time now and also a new system has been recommended by the Finance Committee. Hopefully at the next Board Meeting he will be able to make a recommendation to the Village Board on a new system.

Village Manager Palmer thanked all the Election Inspectors that assisted him on the February 5, 2008 for Presidential Primary. It is certainly a long day and they work very hard. I also want to thank Paula Maiorano for helping to organize the Election Inspectors and of course our Election Machine Technician Gail Greenberg, who has always done a terrific job for the Village of Mount Kisco.

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

Motion made by Trustee Markus and seconded by Trustee Grunthal 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

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports:

Trustee Markus reported on the proposed sign law. He did receive comments from Village Attorney Whitney Singleton and the committee is now reconvening to review the legislation further. It is a pretty comprehensive legislation and we should have it completed shortly but we want to make sure that we respond to our Village Attorney's recommendations.

Trustee Grunthal reported that the Conservation Advisory Council met a few weeks ago and they had a very important meeting regarding setting up a task force to address the global warming and the carbon emissions reduction issue. At the last CAC meeting a resolution was passed to form a sub-committee of itself to be known as the Global Warming Task Force for the purpose of advising the Mount Kisco Village Board and Planning Board on matters related to global warming. The CAC Task Force meetings and memberships will be merged until the task force gains momentum and additional members. The group's mission will be to reduce carbon emissions in the Village of Mount Kisco and to collaborate with the worldwide effort to mitigate climate change. The Task Force will reach out to the community to build awareness and membership by employing the Village email system, Village newsletters, press releases and other messaging. I hope at the next Village Board meeting we will have on our agenda a proposal by the CAC that we join the U.S. Mayor Climate Protection Agreement to work towards the abatement of global warming.

The Task Force has identified certain priorities including:

The CAC identified priorities outside the Task Force including:

It was a very productive meeting and I think you will start to see the results next week.

Mayor Cindrich asked Village Manager Palmer if the Village was accepting shredded paper in plastic bags, because he was concerned that this issue could potentially create a huge litter mess for the Village.

Village Manager Palmer replied that for right now we are accepting shredded paper in plastic bags, but we might be required down the road to put it in paper bags. The current recycling program is somewhat fluid because Westchester County is trying to address some of these other issues. The Village of Mount Kisco has been aggressive with ensuring that property owners and businesses do make sure that shredded paper is sealed. If there is a change in the pick-up procedure we will make sure we get notices out to our residents.

Mayor Cindrich stated that he had received a letter from Westchester County addressing the issue of Livable Communities - A vision for all ages. The issue deals with the ability for people over sixty to remain in the community and live productive lives with reduced taxes. What they are asking for is that we suggest a representative from our area to serve on the Advisory Council. Mayor Cindrich recommended that Katherine Winecoup's name be forwarded to the County. Ms. Winecoup has been representing Bedford, Lewisboro, North Castle, North Salem and Pound Ridge and she has been doing an excellent job in keeping him and Liz Dieter informed and hopefully the rest of the Board. I think we will be well served by her being named to represent the Village of Mount Kisco. Ms. Liz Dieter will also continue to attend the meetings.

Mayor Cindrich stated that he had received a letter from the State of New York Unified Court System, 9^th Judicial District represented by the Administrative Judge Francis Nicolai. The concern is the expenses associated with providing additional security in our Justice Courts. What they are suggesting is that we petition, once again the State Legislator's to introduce a bill that would add an appropriation and a penalty assessment to each disposition in the Justice Court which would be given back to the municipality to reimburse them for their specific expenses related to court security. Mayor Cindrich requested that Village Manger Palmer send a letter to our State Representatives asking that this be taken into consideration and also to remind them that all of the fines that are assessed by our Village Courts, the funds do not stay necessarily in the Village. This is something that we should address and the Court Room Security is a monumental expense.

Mayor Cindrich expressed his concern regarding Election District #7 (Fox Senior Center). He was not pleased with the location there seems to be a lot of confusion. The Polling Location is an inconvenience on our Seniors Citizen who use the facility during the day and also the surrounding neighbors are experiencing parking issues. I would like to get together and rethink moving that voting location to a more convenient location.

Mayor Cindrich expressed his concern over a proposed project on McLain Street and Route 172 for a Senior Housing Project. Most of the houses will be built on property that lies in the Town of Bedford, only a small portion of land will be in the Town of Mount Kisco. Mayor Cindrich stated that these proposed additional 30 units will be right on the Village line and the sewage disposal issue is something that he is very much concerned about. Mayor Cindrich asked the Village Trustees for representation at the Bedford Planning Board Meetings or at least a dialog with the Village Manager or the Village Attorney that we are kept apprised of what is going on at this particular site.

6) Old Business

A. Sewer Extension Project Update.

Village Manager Palmer provided the Village Board with a project update. The project would essentially sewer the remaining homes in the Village that are currently on septic and would be funded through a DEC grant, EOH grant and special assessments. Malcolm Pirnie did an initial analysis on the cost of the project and also held an informational meeting in May of 2004. Dolph Rotfeld Engineers have most recently completed another in depth analysis including a projected cost analysis for the homeowner's lateral connection to the sanitary sewer. In an effort to once again measure public support for this project he suggested that the Village Board consider another informational meeting now that we have updated cost analysis. He stated that he is also currently reviewing whether our grant monies may support other alternative projects. Dolph Rotfeld has already confirmed for me that both the DEC grant and the EOH grant monies cannot be utilized to offset improvements to the Village's Saw Mill Pump Station.

Mayor Cindrich stated that it was his understanding that the East of Hudson funds of $312,000 was exclusively for the extension of sanitary sewer lines. He asked if the $400,000 grant was exclusive for sewer lines or could the funds be used for any repair work.

Village Manager Palmer replied no. I did asked our consulting engineers to also look into this and they have also confirmed that the DEC Grant monies can not be used for operation and maintenance.

Mr. Anthony Oliveri, Engineering Consultant from Dolph Rotfeld Engineering stated that the original grant was applied for in 2001 for over a million dollars for upgrades to the pump station and it was approved for only $400,000 and somewhere along the line it changed to sewer extensions and that is the only thing the monies can be used for sewer extensions.

Trustee Grunthal stated between the two grants we have approximately $712,000 for sewer extensions if we were to go ahead with the project.

Mayor Cindrich expressed his concern with the dysfunctional sewer lines on the Target property and along Route 117. He wanted to know if any of the monies could be used to repair these sewer lines at some point in the near future. He stated that if the funds could not be used to fund these other project then he was concerned with the receptiveness of the community that was affected. The Sewer Law states that if the sewer line passes your house there is no option you have to tie into the line.

Mr. Oliveri stated that he thought that the residents would not have to tie into the sewer line immediately. The Health Department allows them to tie in whenever they need to in the future (i.e. if their septic system failed). So it is not something they would have to do right away.

Trustee Grunthal stated so it is possible for the Village to erect the sewer lines and then have residents make their own options as to whether they are going to connect right away or not connect right away.

Mr. Oliveri replied that is correct. But the resident would still have to pay the annual sewer line connection fee. The fee would range between $800 to $1,200 per year for 30 years. The fee covers the unfunded cost for constructing the sewer lines. This estimate is based on looking at five (5) streets right now and approximately 40 houses.

Trustee Grunthal asked if the Village of Mount Kisco could pay the Annual Fee instead of the property owner.

Village Attorney Whitney Singleton replied that the Village can not pay the Annual Fee instead of the property owner. You can't use General Funds for this project because it is limited to some residents and not all of the residents of the Village of Mount Kisco. The homeowner would also have to pay the connection fee that is in the code.

Trustee Grunthal asked if the Village could use the grant money for sewer lines on 1 or 2 streets instead of all 5 streets.

Mr. Oliveri stated that the DEC Grant may get adjusted if the project cost was reduced enough. However, the Village could use the East of Hudson monies as the matching 15% that the DEC is looking for.

Trustee Markus asked if there was a time line that the funds had to be used by.

Mr. Oliveri replied that the $312,000 from EOH had to be used within 3 years. It was originally a 5 year IMA and we are currently in year 2. The DEC funds are available the Village just has to go to the next step and apply for the money.

Mayor Cindrich stated that the next step should be to hold an informational meeting with the all the affected property owners. The Village Manager has prepared a letter to send out. I think we should also send out a similar sewer project survey and get their feelings and let them speak and see what the interest is. Again if one person is pro the extension of the sewer line and we end up going past three houses that are assessed and have no desire to tie in whatever the maintenance/amortization payback fee is for that particular sewer district it is going to be reflected in their property taxes, which could be between $800 to $1,000 per year depending on the magnitude of the project.

Mayor Cindrich asked Mr. Oliveri to continue to petition the State to see if the funds could be used to upgrade the sewer pump station which would benefit the entire community.

Mr. Anthony replied that they did receive correspondence from the EOH fund that the monies could not be used for anything that was in the consent order, which would mean the pump station or any of the inflow and infiltrations study work that we are currently doing and I would suspect that the DEC would have the same reaction to use the money for something else.

7) New Business

A. Resolution Appointing David J. Squirrell as Town Prosecutor effective 12/3/07 - 12/1/08.

Motion made by Supervisor Cindrich and seconded by Councilman Markus appointing David A. Squirrell as Town Prosecutor effective 12/3/07 to 12/1/08, all in favor.

Motion Adopted

Supervisor Cindrich Aye

Councilman Markus Aye

Councilman Grunthal Aye

B. Resolution authorizing the Village Manager to sign the retainer agreement with Town Prosecutor David J. Squirrell.

Motion made by Councilman Grunthal and seconded by Councilman Markus authorizing the Village Manager to sign the retainer agreement with Town Prosecutor David J. Squirrell, all in favor.

Motion Adopted

Supervisor Cindrich Aye

Councilman Markus Aye

Councilman Grunthal Aye

8) Bills -

The following motion was offered by Trustee Grunthal and seconded by Trustee Markus to pay the bills, all in favor.

General Fund $118,069.99

General Fund Claims 116,428.69

Water Fund Claims 618.72

Sewer Fund Claims 4.72

Library Fund Claims 55.36

Trust Fund Claims 962.50

Senior Nutrition Fund 5,181.08

Water and Sewer Fund 111,317.40

Library Fund 1,578.20

Capital Projects Fund 321,070.56

Trust and Agency Fund 15,906.63

TOTAL $573,123.86

Motion Adopted

Mayor Cindrich Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes -

This item was tabled.

Appointment to CDBG Citizen Representative

Motion made by Mayor Cindrich and seconded by Trustee Markus appointing Barbara Arrington Dodds as Mount Kisco's Citizens Representative to the Westchester County Community Development Advisory Group for a two year term to expire on 2/11/2010, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Markus Aye

Trustee Grunthal Aye

10) Non-Local Business - None

11) Public Comment -

Mr. Anthony Giardina made reference to the project on McLain Street and Route 172. He also had some concerns about the project. As a taxpayer that pays water bills and sewer bills in the Town of Mount Kisco he was concerned about the water that we use and the limited supply that we have and the limited capacity of the sewer infrastructure in this town. I don't think the Village of Mount Kisco owes this builder anything. I think if he wants to be hooked into the town's infrastructure I don't see a “yes” in it at all. What I am concerned about is that there is already opposition to this project from the surrounding neighbors, he is proposing a use that is more intensive than is currently allowed. If the Village were to entertain any type of help for him it's only going to help him do something that's not going to be a help to this Village. My main concern is that it's a property that was zoned in a certain fashion and now this company that owns it is now looking to change it so they can make more money at the expense of the taxpayers in Bedford and Mount Kisco. I think the Village Board should seriously consider not helping them.

Mayor Cindrich replied that the issue that is on the table right now is the intensity of the development. His concern is the increased traffic this project will generate on an already congested intersection. If this project had some benefit for the community and it had to be, I think it would behoove the DEP and the DEC to force the issue with New York City, the City of Yonkers, and Westchester County for allowing this Village to increase the capacity to accept this system as opposed to allowing another environmental problem to be created. This is a sensitive environmental area because it is in the watershed. We are trying to preserve what we have and more so we are trying to preserve New York City's drinking water by all the regulations that are being imposed on the Village of Mount Kisco and maybe New York City should look at our efforts and they should release some of the EOH Funds to help us do this acquisition.

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 Grunthal, all in favor. 9:20 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Regular Meeting February 11, 2008 1.

Created by pmaiorano. Last modified 2008-04-08 15:44:34.