Village Board Meeting Minutes - January 28, 2008

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, January 28, 2008 at 7:45 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 George L. Griffin, Jr.

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Absent: Trustee Peter Grunthal

Trustee Anthony Markus

Prior to the start of the Regular Village Board Meeting the Board held an informal interview with Donald W. Trotta regarding a vacancy on the Board of Fire Commissioners.

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 the family of Tim Hurley, who passed away at a young age after waging a battle against a rather dreaded disease. He was born and raised in the Village of Mount Kisco and leaves behind a wife and two children. He added that he thought it was appropriate that he mention tonight Police Office Christopher Ridley and the other Police Officers involved in the recent shooting incident that you keep in your prayers those two families.

Steven Anderson, Chief of Police introduced to the Village Board of Trustees and the Public the three (3) newly hired Police Officers (David DiRienzo, Sheri Citone and Jaime Velazquez). Mayor Cindrich thanked Chief of Police Anderson for working so diligently to bring the Department up to full staff.

Mayor Cindrich administered the oaths of to the new Police Officers and welcomed them all to the community.

1) Communications:

A. Letter from the Ancient Order of Hibernians re: 18^th Annual St. Patrick's Day Parade.

Mayor Cindrich read the letter from the Ancient Order of Hibernians dated January 4, 2008 requesting permission to hold the 18^th Annual St. Patrick's Day parade on March 15, 2008 at 2:00 pm.

The following motion was offered by Trustee Griffin, Jr. and seconded by Deputy Mayor DiChiara approving this request, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Mayor Cindrich requested that the Village Manager provide the Village Board with an overtime cost estimate for holding this parade.

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 80.1% of capacity. That is up from 78.4% at our last meeting. The Byram Lake Committee did meet this past week and he is working with the Chazen Companies to prepare an RFP for monitoring services for this upcoming year. The Chazen Companies had made a series of recommendations to improve the monitoring of our water supply and hopefully a draft will be available for everyone to review in the next couple of weeks and then hopefully we will have a new contract in place with the beginning of the monitoring season towards the middle of March.

B. Westchester 2025.

Village Manager Palmer reported that he did attend the Westchester 2025 presentation. It was an excellent opportunity to learn about what the County has planned as a logical update to the Patterns of Westchester which was presented in 1995. If you go to westestergov.com/2025 you can see the proposal that the County Planning Department has put forth. What makes the Westchester 2025 plan so unique is that the fluid document is available on the web and the County is requesting the active participation of over 45 governments in Westchester and they are asking that all local governments be active participants and put such items as our Comprehensive Master Plan and our zoning map on the Westchester 2025 site. If you go there now you can actually see what the County Planning Board has as their principal responsibilities for the plan. The Westchester 2025 also talks about their policies that they want to see move forward. It's a web site that is filling up with lots of information each and everyday. There is all sorts of information on each and every municipality. It is a unique way for both the Village and for the community to voice their concerns over what the County is planning in Westchester 2025. This is the first time they have worked on a document of this scale to address all the needs in the County and the needs of local government from a planning prospective. I would encourage everyone to take a look at that document.

C. Council of Government's Meeting.

Village Manager Palmer stated that at the Boards request he did attend the Council of Government's meeting which was very well attended by representatives from different municipalities. Tom Laurel, Commissioner of Environmental Facilities gave a presentation on the County's Recycling Law which will be aggressively enforced effective February 1, 2008. The Village of Mount Kisco has a recycling law and we will also be aggressively enforcing it also. Westchester County has asked that all municipalities participate in that program. The County has had their Source Separation Law in place since 1992. The Commissioner also briefly talked about the new septic system law which the Board of Legislators and the County Executive put into effect a few weeks ago. The law requires that anyone that does have a septic system that is pumped out by a private company that the company needs to notify the County within 30 days and like wise any company that does pump out septic systems will be required to file a permit that is good for two years with the County. Commissioner Sutton also gave a presentation at the Council of Government's Meeting and advised members of the community that they could go to the NewYork-Alert.gov site if they wanted to receive instant emails and text messages on emergencies that could affect them. Commissioner Sutton had expressed a program that should be coming available to municipalities very shortly at no cost that would allow us to provide instant emergency notices to residents and the County will be assisting us with that program.

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

Motion made by Deputy Mayor DiChiara 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

5) Board Reports:

Trustee Griffin, Jr. reported that the sewer pump station was pumped out this past week and the new Sluice Gate was installed. They removed 32 cubic yards of trash from the sewer pump station. People need to be a little more conscientious as to what they are flushing into the sewer system. They are putting wrong stuff down the drains and that's what gives our system a problem. He noted that there was a tragic fire today at Apple Antiques on Lexington Avenue and he commended the entire Mount Kisco Fire Department for all their hard work on containing the fire. We have a great Fire Department with devoted volunteer members.

Mayor Cindrich reported that today's unfortunate fire was knocked down by a volunteer force. It is an exceptional accomplishment by a completely volunteer department that they can respond so quickly with the number of people they do during the daytime hours. We are a bedroom community but we have volunteers that leave their places of employment and businesses and respond to protect the property and lives of this community. They should be thanked both as a department and as individual companies.

Deputy Mayor DiChiara noted that we have a lot of volunteers in Mount Kisco and that's what makes us so special. He added that we do have openings on a few committees and he encouraged residents to go to the Mount Kisco website and look at the openings and to send in a letter to volunteer. We need people for the Leonard Park Committee, the CAC, and the Building and Grounds Committee. So if you are watching this tonight and you want to pitch in to your community, please do so. He also outlined the positive changes that have taken place in Mount Kisco over the past four years. We are working our best to try to improve the conditions of a few of the eye sores in the Village of Mount Kisco. We are currently working on improving some businesses and residences on Lexington Avenue that have not been keeping up with the conditions of their properties the way they should be. We are going to continue to review our local codes and take the action necessary to make sure they comply with our local laws. It is important to make sure that people take care of their properties and to respect their neighbors and to make sure as a community we are all courteous of each other and maintain our properties. That is one thing this Board has been trying to get property owners to do and we will take the action necessary to make sure our laws are enforced.

Mayor Cindrich stated that when an entrepreneur decides to invest in the community is also looking for reinsurance that we are a viable community. This Board through the efforts of the Planning Board go to great lengths to make sure that the project is going to meet and conform with the requirements of this community, but we also hope to develop a protocol or system and an agreement that there will be compliance with certain rules and regulations so the project does fit and it's not too big or too small or something that would be offensive. It's a great effort on the part of the Planning Board to make sure that the projects do come through and it's not an easy battle. In regards to the old gas station on Main Street it was an incompatible use that I am glad it is gone and I am looking forward to the new building that will be a credit to the community.

Deputy Mayor DiChiara added that he would also like to thank the Planning Board for the hard work that they do. It's a very demanding committee and he wanted to thank them for moving these projects along and for making Mount Kisco a better place.

Mayor Cindrich noted that there was an initiative in the northeast section of Westchester County (ALOF) Active Living Over Fifty. This group will be developing plans and programs for citizen of our community who are over fifty years old so that they will remain active in the community. We need to take care of our fiduciary responsibilities and do the best we can in controlling taxes. Our representative to this group in Liz Dieter who is with the Mount Kisco Senior Citizen Recreation Center. It's an initiative that encompasses a lot of other communities including Pound Ridge, Bedford, Somers, and North Castle. So if anyone is interested in either serving on a committee or look for more information on what they are trying to accomplish they can contact him.

Mayor Cindrich reported that a few meetings ago he had expressed his concerns over the unfunded mandates and the Department of Environmental Conservation general permit requirements for Stormwater Discharge in reference to construction activities. Subsequent to his speaking out on this subject the Deputy County Executive Larry Schwartz, wrote a letter to our Governor demonstrating what he considered as I do with imposing these mandates as a total disregard to the taxpayers and what he is asking the Governor to do is postpone the enactment. Which I believe has already been enacted as of January 8^th, but at least the Deputy County Executive and the Westchester County Government is speaking for the people that are equally offended and the majority of officials that I have spoken to are offended with this. Mayor Cindrich read an excerpt of the letter and requested that the Village Manager make a copy of the letter available to anyone that wanted to do any more research or contact the Governor.

Mayor Cindrich stated that we had the Ground Breaking Ceremony for the Mount Kisco Public Library last week and it was attended by State Senator Vincent Leibell, State Assemblyman Adam Bradley, our County Legislator Peter Harkman and a host of Village Officials, a number of volunteers from our Library Board, a number of employees from the Library and of course the Management Team from Calgi. One person that was not at the Ground Breaking Ceremony and has been an inspiration to us, who is a resident and he is a developer Bill Balter. Who has seen fit to donate $10,000 in an effort to help fund the Geothermal Heating and Cooling System for the new Library. With residents like Mr. Balter, I think that this project will be successful. He has donated not just his money but his time and research on this geothermal issue and helping us with the design as well. He is in full support of the project and he understands the benefits and that is what we are trying to encourage other people in the community that have any contacts with any foundations or corporate grant people that we need additional funding to bring this state of the art Library to fruition. We also received a letter from US Congressman Jon Hall, whom we will be petitioning for additional funding and he is happy that the Library will also be incorporating geothermal technology.

6) Old Business

A. Resolution appointing a Deputy Town Clerk for the current official year.

Motion made by Supervisor Cindrich and Councilman Griffin, Jr. appointing Dionne Fletcher as Deputy Town Clerk for the current official year, all in favor.

Motion Adopted

Supervisor Cindrich Aye

Councilman DiChiara Aye

Councilman Griffin, Jr. Aye

7) New Business

A. Resolution authorizing the Village Manager to sign the North East Westchester Special Recreation Intermunicipal Agreement for 2008.

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara authorizing the Village Manager to sign the North East Westchester Special Recreation Intermunicipal Agreement for 2008 in the amount of $4,572.21, pending the approval of the indemnification certificate by the Village Attorney, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

B. Resolution authorizing the Village Manager to sign the Leonard Park Concession Agreement.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the Leonard Park Concessionaires Agreement with Bob DiBuono, D.B.A. Westchester Food Service, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

C. Resolution Authorizing the Tax Certiorari Settlement.

Resolution made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. authoring the following Tax Certiorari Settlement between Rockport Equities Inc. vs. the Village/Town of Mount Kisco.

Whereas, petitions have been filed by the property owner below, challenging real property tax assessment on the Village and Town assessment rolls with respect to the following parcels:

Property Owner Tax Designation Years

Rockport Equities, Inc. 80.33-4-7 2004-2007 (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:

Village Proceedings:

Assessment Year: Original: Proposed Settlement: Reduction:

2004 $200,000 $200,000 $0

2005 $200,000 $200,000 $0

2006 $200,000 $200,000 $0

2007 $200,000 $175,000 $25,000

Town Proceedings:

Assessment Year: Original: Proposed Settlement: Reduction:

2003 $335,000 $335,000 $0

2004 $335,000 $335,000 $0

2005 $335,000 $310,000 $25,000

2006 $335,000 $290,000 $45,000

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

D. Budget Modifications.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. adopting Budget Modification Request #1 - FY 2007/2008 as follows, all in favor.

#1) Budget Modification Request - FY 2007/2008

Resolved, the 2007/2008 adopted budget is modified as follows to provide appropriations of $9,250 for grinding leaves & brush in September 2007 and to provide additional appropriations for rental of a VacAll for April and May 2008 to clean catch basins throughout the Village, $17,600:

Increase A5110.417 Street Maintenance - Outside Contracts, $26,850

Decrease Public Works Superintendent - Personal Services Full-Time, $26,850.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. adopting Budget Modification Request #2 to Correct Accounting for Expenses Related to New Library as follows, all in favor.

#2) Request to Correct Accounting for Expenses Related to New Library

First Budget Modification - 1/28/08 Board of Trustee Meeting

Whereas, the Village incurred expenditures totaling $287,775.02 from prior to 2005 pertaining to a new public library feasibility study and for a planned renovation and expansion of the old Post Office building to become the new public library, and

Whereas, our independent public accountants have recommended that a financing source for such project expenditures be provided, now therefore be it

Resolved, the Board of Trustees hereby appropriates available surplus fund balance from the General Fund in the amount of $287,775.02 for purposes of financing a capital project entitled “Library Feasibility Study and Planned Renovation and Expansion of the Old Post Office Building” (project account # H7410.2071).

Second Budget Modification - 1/28/08 Board of Trustees Meeting

Whereas, the Village incurred expenditures totaling $128,759.70 for pre-referendum, SEQRA, bonding, and legal costs, and $34,108.55 for costs to move the library books and furniture, which should not have been charged against the New Library Building capital project, and

Whereas, in fiscal year 2006-2007 the Village received actual revenues for Sales Tax and Mortgage Tax revenues in excess of budgetary estimates by $128,759.70 which are available for appropriation, and whereas the Library Fund has available surplus fund balance for the expenditure for moving the library books and furniture, now therefore, be it

Resolved, the Board of Trustees hereby appropriates those certain excess General Fund revenues received in fiscal year 2006-2007 in the amount of $128,759.70, and appropriates available surplus fund balance of $34,108.55 in the Library Fund for transfer to a capital project entitled “Referendum, Bonding and Library Moving Costs” (project account # H7410.2072).

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

8) Bills -

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. to pay the bills, all in favor.

General Fund $350,690.14

General Fund Claims 326,924.80

Water Fund Claims 14,573.03

Sewer Fund Claims 3,157.53

Library Fund Claims 1,386.03

Trust Fund Claims 4,648.75

Senior Nutrition Fund 10,230.29

Water and Sewer Fund 105,034.62

Library Fund 22,366.50

Capital Projects Fund 91,324.30

Trust and Agency Fund 5,645.38

TOTAL $ 585,291.23

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

9) Approval of Minutes -

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. approving the following minutes:

Public Hearing and Regular Meeting January 7, 2008.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

10) Non-Local Business - None

11) Public Comment - None.

At this time 8:45 pm the Village Board of Trustees adjourned the meeting to enter into an Executive Session to seek the advice of the Village Attorney.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. to adjourn the meeting to enter into an Executive Session to seek the advice of the Village Attorney, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

The Village Board returned at 8:50pm

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. that the existing suspension of Officer George Bubaris be continued pending a determination by this Board of the charges preferred by Chief Steven Anderson against Officer Bubaris pursuant to Section 5711Q of the Unconsolidated Laws of the State of New York, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Again Mayor Cindrich opened the meeting for Public Comment. There were none.

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 Griffin, Jr., all in favor. 8:55 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Regular Meeting January 28, 2008 1.

Created by pmaiorano. Last modified 2008-04-08 16:04:09.