Village Board Meeting Minutes - April 21, 2008

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, April 21, 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 Griffin, Jr.

Trustee Peter Grunthal

Trustee Anthony Markus

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Absent: Deputy Mayor DiChiara

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 reflect on the past weekend and what a great Country we live in. That we would be celebrating Passover, the Papal Visit of Pope Benedict XVI and all of the different faiths coming together in an ecumenical fashion and we enjoy that as a free and prosperous nation.

1) Communications:

A. Letter from Sheilah Harvey, Secretary - American Legion Auxiliary re: Poppy Month.

Mayor Cindrich read the letter from Sheilah Harvey of the American Legion Auxiliary dated April 8, 2008.

The following motion was offered by Trustee Griffin, Jr. and seconded by Trustee Markus granting permission for the American Legion Auxiliary to sell Memorial Poppies during the month of May, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

2) Petitions: None

3) Board, Committee and Commission Reports:

A. Letter from the Board of Fire Commissioners re: Resolution Election of Fire Chiefs dated April 7, 2008.

Mayor Cindrich read the letter from the Board of Fire Commissioner regarding the Election of Fire Chief's; Resolution dated April 7, 2008.

The Mount Kisco Fire Department member companies met in convention on Thursday April 3, 2008 according to Village Law. The convention elected a board of fire chiefs. The secretary of the convention Gina DiLeo-Acuna submitted the recommendation to the Board of Fire Commissioners for approval and appointment. The following is the resolution of the Fire Commissioners relative to the appointment of the Fire Chiefs. On Thursday April 10, 2008 the Mount Kisco Fire Department installed the Board of Fire Chiefs in a meeting held at the Green Street Fire Station.

WHEREAS, Gina DiLeo-Acuna., Secretary of the Convention for Nomination of Fire Chiefs. has reported the following members of the Mount Kisco Fire Department:

Alfredo Bueti, Michael Boles, Thomas Jackson, Mario Muccioli

Are duly certified to hold the office of Fire Chief or Assistant Fire Chief in accordance with the convention of the Mount Kisco Fire Department,

WHEREAS, Gina DiLeo-Acuna Secretary of the Convention for the Nomination of Fire Chiefs, did tile affidavit of the results of the Convention of Fire Chiefs with the Clerk of the Village/Town of Mount Kisco. New York and; The Board of Fire Commissioners:

WHEREAS, Said affidavit certifies that the aforementioned members of the Mount Kisco Fire Department have been nominated by that Convention;

NOW; BE IT RESOLVED. That the Board of Fire Commissioners of the Town/Village of Mount Kisco. New York, do hereby accept and approve the results of the Convention for the Nomination of Fire Chiefs, and also,

BE IT FURTHER RESOLVED, that the following appointments to the Board of Fire Chief's are duly approved for a term of one year, effective April 10. 2008

Alfredo Bueti - Chief of Department

Michael Boles - First Assistant Chief

Thomas Jackson - Second Assistant Chief

Mario Muccioli- Third Assistant Chief

Motion by: Donald Trotta

Seconded: Raymond Zaccari

All members voting aye

Attending Commissioners - John A Marshall III; Raymond Zaccari; Donald Trotta; Gary Ford

Mayor Cindrich and the Village Board of Trustees extended their congratulations to the new Fire Chief's for this coming year. Mayor Cindrich stated that we require no action on this item. He requested that this resolution be posted on the Village's website.

B. Letter from the Beautification Committee re: Spring Clean-Up.

Mrs. Joan Stewart member of the Beautification Committee stated that the Beautification Committee was started by her father, the late Mayor J. Edward Fox over 40 years ago after he had visited the Scandinavian Countries and he loved all the flowers there. The Committee does many projects, but our main project right now is spring clean up month.

Mrs. Joan Stewart outlined the Beautification Committee Spring Clean-Up schedule as follows:

Spring Clean-Up time is here! Once again the Beautification Committee is asking civic organizations and residents to volunteer to pick up litter in one of the areas listed below.

Please select an area before May 10^th and contact Joan Stewart at 666-5259 to confirm that location so that each spot is covered and there is no duplication. The Village has insurance which covers volunteers. Please arrange with your group to complete the clean-up by May 30^th so that the Village will be litter free for the annual Memorial Day Parade to be held on that day. Litter bags and gloves may be picked up in advance at Joan Stewart's home: 46 Ward Avenue. Please call Joan at 666 - 5259 prior to the date of pick up or to arrange delivery.

Kisco Avenue Parkway entrances/exits Select either the East Side or West Side

Kisco Avenue Parkway to Preston Way Both Sides

Kisco Avenue Preston Way to Rt. 133 Both Sides

Preston Way Kisco Avenue to Rt. 117 Both Sides

Route 133 Kisco Avenue to South Moger Avenue light Both Sides

Kirby Plaza

South Moger Avenue Parking lot

Lexington Avenue Select Lieto Drive to Moore or Police Station to Moore

Lexington Avenue Moore to 117 Select either the East Side or West Side

Main Street Moore Avenue to Lexington Both Sides

Main Street Moore Avenue to Crane's Furniture Both Sides

Radio Circle

Blackeby Parking Lot

Police Station and Court House

Route 117 Rt. 133 to Barker Street Select either the East Side or West Side

Route 117 Barker Street to Preston Way Select either the East Side or West Side

Please contact Joan Stewart at 666-5259 by May 10, 2008 to advise her of the area you will clean up, date of clean up, contact person and phone number.

Mayor Cindrich and the Village Board thanked the Mrs. Stewart and the Members of the Beautification Committee for all their program initiatives and hard work.

4) Village Manager's Reports -

A. Resignation of Treasurer Thomas Warren.

Village Manager Palmer, stated that he had hoped that he would never have had to put this letter on the agenda during his tenure with the Village and certainly not during his tenure as Village Manager. Mr. Palmer reflected on the wonderful achievements that Tom has done for the Village. There are not enough words that could say the level of dedication that he has had for this Village. Not only professionally but as a friend and a colleague. It's very unfortunate that we have this letter in front of us this evening but I do know that it is a new opportunity for him in the Village of Ossining. But we will continue to keep in touch and be able to share information. Truly a very significant loss for the Village. We have been blessed, he has been the ultimate professional for the Village and works so hard to improve the aspirations of what a public servant should be and he has taught so many of us a great deal.

Mr. Warren read his letter of resignation dated April 16, 2008.

It is with mixed emotions that I advise you that I will be resigning from my position as Village Treasurer of the Village/Town of Mount Kisco, effective 11:59 pin Sunday, May 4, 2008, in order that I may accept the appointment as Village Treasurer for the Village of Ossining, effective May 5, 2008.

I am excited by the prospect of becoming chief fiscal officer of another dynamic community, one that is larger than Mount Kisco (both in population and budget), and one that presents new challenges and opportunities for me. In my new roll, I will also serve as Town Comptroller for the Town of Ossining under terms of an intermunicipal agreement. I look forward to working with Village Manager Linda Cooper and with the Village and Town officials, department heads and employees. My seventeen years with the Office of the State Comptroller and nearly ten years as Deputy Treasurer and Village Treasurer for the Village/Town of Mount Kisco have prepared me for this new adventure.

While one door opens for me, it will be difficult to close the other door behind me. I will miss the many day-to-day friendships and working relationships that I have developed over the past ten years. Each and every Village employee and official that I have worked with has been special to me. I am blessed to have enjoyed the support of all Village Managers, elected officials, department heads and Village employees. I am especially respectful, grateful and indebted to all of the employees that have worked for me over the years, for all have worked hard for me and have worked hard for the Village. I have been greatly rewarded and enriched by the relationships developed over the years working as Village Treasurer for the Village/Town of Mount Kisco.

Although no time seems to be a good time to leave Mount Kisco, I am hopeful that leaving after preparation of the budget is the best time to leave. I am confident that my staff will be able to carry on in my absence until a suitable replacement Treasurer is found. I will be glad, and honored, to assist in the transition and to help close the accounting records in preparation for the year-end audit.

Mayor Cindrich stated that during Mr. Warren's tenure we have achieved many of the goals that we had set out to achieve and beyond. You will leave a void in the Village and you will be missed. Thank you for your service and best of luck in the future.

Trustee Grunthal stated that it has been a pleasure to work with Tom. In his capacity as Chairman of the Finance Committee he has had the opportunity to work very closely with Tom. Tom has attended every one of our meetings with the exception of one when he was on vacation. He has always contributed in an extremely valuable fashion when it came to keeping our feet on the ground he has always been a valuable contributor. As a former Financial Consultant and Chief Financial Officer I have a great appreciation for what Tom has done on the budget both in terms of developing a budget that is conservative enough but not to conservative in terms of establishing financial controls and financial reporting. Professionally and personally I have enjoyed working with him. He will be missed and I thank you for what you have done for us.

Susan Barossi and Cathryn Rapfogel from O'Connor Davies Munns & Dobbins, LLP presented the annual audit report for the year ended May 31, 2007, including the Independent Auditors' Report, Basic Financial Statements (Government -wide Financial Statements, Fund Financial Statements), and Report on Federal Programs. Also, Justice Court Statement of Cash Receipts, Cash Disbursements and Cash Balances. Also, Report on Internal Controls and Operations. Copy of the Auditor's Report for Fiscal Year Ending 2007 is on File in the Treasurer's Office.

Village Manager Palmer reported that the level of Byram Lake was at 99% of capacity and the Leonard Park Wells were not on line.

D. HSBC Grant for the J. Edward Fox Memorial Park.

Village Manager Palmer reported that the Recreation Commission was in receipt of a $10,000 gift from HSBC Bank. The Commission has met and they have agreed to a small plaque which will be placed on a stone in the Fox Park Area where the funds will be used.

Mayor Cindrich stated that he was grateful for the gift from HSBC which was originally slated for Leonard Park. However, because of the deed restrictions there he suggested that it go to the J. Edward Fox Memorial Park. The Recreation Commission and the HSBC Bank were both receptive to that idea and it is a benefit to the community at large.

E. 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 Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports:

Trustee Griffin, Jr. stated that he met with the Memorial Day Committee last week regarding the parade, which is going very smoothly. He wanted to remind residents to mark the dated of the parade on their calendars which was Friday, May 30^th at 7:00 pm.

Mayor Cindrich stated that last Friday he and Jim Palmer attended the Annual Westchester ARC Board of Directors Breakfast to acknowledge the Village's participants in their program. The Village Manager was recognized at the breakfast for his innovative approach to hiring people from the Westchester ARC Community to perform a much needed function in our community. Mayor Cindrich congratulated Mr. Palmer again for that initiative.

Mayor Cindrich reported that on Saturday we had a moving ceremony that Trustee Griffin, Jr., Deputy Mayor DiChiara and I attended. Congressman John Hall presented the widow of Frank Avilla the medals that he earned during the Korean War. In 1973 there was a significant fire at the records depot for Veteran's in the United States and a lot of the records were lost and through the efforts of Congressman John Hall and others some of this knowledge is being recaptured and people that are genuine heroes or their surviving relatives are being awarded the medals that they earned and should have received a long time ago. I thank our American Legion Post for putting this event on and I thank John Hall for recognizing one of the members of our community.

Mayor Cindrich stated that in his other efforts I have been meeting with developers and the President of the Hospital. I am very much concerned with the success of the hospital and I am looking forward to the new Emergency Room being built and I am doing everything in my power to assist the hospital in that endeavor. I was also reminded by a developer when I suggested that there are very few projects coming on board that are actually going to be ratable and are going to increase our tax base. I was reminded by one developer that he is waiting in the wings to bring in a 30,000 square ft. building and these are the things that we are trying to accomplish. We are trying to make sure that development is done in the appropriate fashion in this community. We are not going to be stagnant. Things are going to happen and we are going to make sure through the efforts of the Planning Board, the Conservation Advisory Board and other Boards that regulate development that they are done appropriately. But we are not going to stand still. We are moving ahead and it is something that we have to do especially with a significant enterprise in this Village such as Northern Westchester Hospital. So I will be continuing to meet with those entities and people that do have zoning problems trying to arbitrate some of the problems that do exist. But also move forward in a productive way to make this Village even more successful.

6) Old Business None.

7) New Business

A. Resolution scheduling a Budget Work Session Meeting and a Special Meeting to adopt the 2008/09 Fiscal Year Budget.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. scheduling a Work Session and Budget Meeting on Tuesday, April 22, 2008 at 6:00 pm to be held in Village Hall for the purpose of meeting with Calgi Construction Company and Lothrop Associates to discuss the Library Project and then going into a Budget Work Session Meeting immediately following. The Village Board of Trustee also scheduled a Special Meeting for the purpose of Adopting the 2008/2009 Fiscal Budget which will be held on Wednesday, April 23, 2008 at 8:00 pm in the Board Room in Village Hall, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Arbor Day Proclamation.

Mayor Cindrich read the following Arbor Day Proclamation:

Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and

Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska. and

Whereas, Arbor Day is now observed throughout the nation and the world,

and

Whereas, trees can reduce the erosion of our precious topsoil by wind and water. cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife, and

Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and

Whereas, trees in our Village/Town increase property values, enhance the economic vitality of business areas, and beautify our community, and

Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal.

Now, Therefore, I, J. Michael Cindrich, Mayor of the Village/Town of Mount Kisco, do hereby proclaim Friday, April 25, 2008 as Arbor Day in the Village/Town of Mount Kisco and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and

Further, I urge all citizens to plant trees to gladden the heart and promote the

well being of this and future generations.

C. Resolution authorizing an out of state conference request for PO Cardea and PO Bunting re: Child Passenger Safety.

This item was tabled.

D. Resolution authorizing the Village Manager to sign the Post Closure Monitoring Maintenance and Reporting for the Mount Kisco Landfill for Year 2008.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the Post Closure Monitoring Maintenance and Reporting for the Mount Kisco Landfill for Year 2008 in the amount of $37,160, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

E. Resolution authorizing the Village Manager to sign an agreement with the Chazen Companies to provide monitoring services for Byram Lake.

This item was tabled. Mayor Cindrich directed the Byram Lake Committee to have a presentation/meeting with the Chazen Companies prior to the next Village Board Meeting which will be held on May 5^th.

F. Resolution authorizing the Village Manager to sign the Change Order for the J. Edward Fox Memorial Park Improvements.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the Change Orders for the J. Edward Fox Memorial Park Improvements, for the following items and amounts; Street/Park Lighting $32,500 (Change Order #2) and Ball Field Outfield Fencing (Change Order #3) $11,425, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

G. Resolution authorizing the Change Order Addition for the Leonard Park Playground Surface Replacement Contract #2008-1.

Motion made by Trustee Griffin, Jr. and seconded by Trustee Grunthal authorizing the Village Manager to sign the Change Order Addition for the Leonard Park Playground Surface Replacement in the amount of $8,488.70, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

H. Resolution authorizing the issuance of a corrected 2008 County Tax Bill.

Motion made by Trustee Grunthal and seconded by Trustee Markus authorizing the issuance of a corrected 2008 County Tax Bill for Josephine Didio for her primary residence in the amount of $134.85, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

I. Resolution accepting the Annual Audit for the Town Justice Court.

Motion made by Trustee Grunthal and seconded by Trustee Griffin, Jr. authorizing accepting the Annual Audit for the Town Justice Court, all in favor.

Resolved, that the Board of Trustees of the Village/Town of Mount Kisco hereby acknowledges that in accordance with the Unified Court System's Action Plan for the Justice Courts, the 2007 audit of the Village/Town of Mount Kisco Justice Court was conducted as required and said audit has been distributed to and reviewed by the Village/Town of Mount Kisco Board of Trustees.

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills -

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

Invoices Paid Prior to Board Audit $4,038.47

General Fund 4,038.47

General Fund $243,907.04

General Fund Claims 221,453.49

Water Fund Claims 16,436.43

Sewer Fund Claims 4,774.08

Library Fund Claims 1,243.04

Senior Nutrition Fund 3,572.57

Water and Sewer Fund 78,251.80

Library Fund 503.19

Capital Projects Fund 810,245.05

Trust and Agency Fund 10,433.81

TOTAL $1,150,951.93

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes -

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. approving the following minutes:

Public Hearing and Regular Meeting - April 7, 2008

Motion Adopted

Mayor Cindrich Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

10) Non-Local Business - None

11) Public Comment -

Mayor Cindrich asked Building Inspector Austin Cassidy a question regarding the term “Grandfathered In”. When a law is changed are there notes to the file made of what was happening at a particular location that would establish that “Grandfathering” terminology. He was suggesting that the “Grandfathering” of properties be an affirmative defense. In other words that the burden of proof is on the property owner to provide their right of entitlement as opposed to government giving away our zoning ordinance. I am following a public hearing regarding this issue that is currently taking place in another municipality. Because if we do it, it would have already been tried and tested by another municipality and I think it has a lot of merit.

Building Inspector Austin Cassidy replied that the Mayor's point was well taken I have never see anything quantified other than a generic reference to the auto service area. It was passed on to me by my predecessor as that site being a legal non-conforming use. As far as that aspect of the operations being outside and it does meet the text book definition of a legal non-conforming use in so much as the use that was legal up to a point of law change. Then the regulations changed that may negatively effect the use but the use can continue forward as a legal non-conforming use. In a perfect world it would have been nice to have it quantified, but you're right, there is probably nothing definitive.

Trustee Griffin, Jr. asked if there was an approved site plan stating that you can fix cars on the sidewalk.

Mr. Cassidy replied it's not going to say that. It's going to refer to the area outside where it was going on.

Trustee Griffin, Jr. stated but if you have a site and it doesn't say anything about repairing cars outside the premises then it's not grandfathered in and it is breaking our codes. If it says repairs in the lot area on a site plan approval then they have a case, but I don't think it does.

Mayor Cindrich stated that he really didn't want this debate to get into a particular property, he tried to talk generically. This issue is not unique to anyone property.

Mr. Cassidy stated that he liked the idea of the affirmative defensive approach, it's a very constructive idea I think to shift the burden. I think it is note worthy and if you are suggesting it to Counsel I would be happy to assist Counsel in working towards that direction.

Trustee Griffin, Jr. asked Mr. Cassidy if he felt in certain situations where you have this question, should those situations be brought back in for site plan review by our Planning Board.

Mr. Cassidy replied what's the nature of the question, to make a determination of some form.

Trustee Griffin, Jr. stated to check the compliance of the property and the land and zoning use.

Mr. Cassidy replied I wouldn't say the Planning Board would be the right forum for that.

Village Attorney Whitney Singleton replied the determining official as to whether or not a site plan violation exists is the Building Inspector. If people would like to propose amendments to their plan certainly they can come back to the Planning Board. But the Planning Board is not an enforcing mechanism. They don't determine whether something is in violation. What the Planning Board is encouraged to do when they do notice something that is sub-par on a particular site or non-compliance with a site plan is to refer it to the Building Department and that's generally how it is done.

Mr. Cassidy stated and then if there is an interpretive aspect of it, it may then have to go through the Zoning Board for their roll as the interpreting body.

Trustee Markus stated just generally speaking without referring to a particular location a site plan deals with uses.

Mr. Cassidy replied yes, it will reflect whatever uses were presented to the board in some form. Usually it's reflected perhaps in parking calculations if there were parking requirements at the time that it went through the process.

Trustee Markus stated if there was going to be a use outside that generally would have to be marked on the site plan and if it's not marked on the site plan then what.

Mr. Cassidy replied in today's designs yes. Thirty years ago did the plans get that detailed no, the plans were more relaxed.

Trustee Markus stated so when you have that situation where you have a site plan from 30 years ago and there is no definitive written proof, I presume that's what you are telling me.

Mr. Cassidy replied if you have running knowledge of the property, if you know that it can't be inside other wise for other regulatory reasons, then you create your own box that you have put yourself in.

Trustee Markus stated that I would think that if you have a site plan that doesn't address a certain use then it would be appropriate for that particular entity to go back to get that clarification placed in their site plan at this point in time. I don't know why it should stay that ambiguous forever.

Mr. Cassidy replied I don't know if it is ambiguous, but I hear you.

Trustee Griffin, Jr. stated that I think the Mayor made a valid point, if you don't have the documentation to prove that something is “Grandfathered” then the party in question would have to produce it.

Mayor Cindrich stated if I'm getting the research done by following the actions that may result in an Article 78 at some point in time I am going to move cautiously on this and get the research done by another municipality. I hope there is a referral to the Law Center at Pace and knowing the people that are involved in this I expect it to be done professionally. But it's an idea and if you have any other ideas or any ideas on changing the zoning ordinance to make it more efficient I'd welcome those recommendations.

Mr. Cassidy replied at times you can see there is a practice where a regulation may have been put on the books that when it went to review was recognized it was going to have a particular impact and at times it would perhaps have a sunset element to it that to allow those changes to become compliant over time. So that's another constructive element looking forward. I like the Mayor's suggestion, because it not only looks forward it also addresses the past.

Trustee Markus stated so the next step to take to put that into effect would be to get an opinion from Legal Counsel.

Mr. Cassidy replied that we would get legal guidance for sure. We would get legal Counsel with respect to the Mayor's suggestions and methodology and from what I'm hearing is that this is being explored elsewhere so we're sort of waiting to see the out come there and sort of jump on board with the logic.

Mayor Cindrich replied that is correct.

Trustee Griffin, Jr. stated that he has received numerous complaints from citizens about commercial vehicles parked in residential neighborhoods. What is code enforcement doing about it.

Mr. Cassidy replied that summonses are being issued and violations are being issued throughout the community. As a matter of fact, following issues that arose at your last meeting and with the assistance and help of the photographs from a resident I was able to then shore-up an allegation I had been making for a long time against a particular individual that we had in court for an illegal apartment and also using the same premises as it related to their business. So the photographs went a very long way in shoring-up my position with the property owner.

Trustee Griffin, Jr. asked when a summons is issued do they rectify the problem or they just pay the fine and keep the truck in the driveway.

Mr. Cassidy replied not if I'm handling it, no. If a summons is issued then it goes to Court. There is a finding of the Court whatever the Judge says and that's what we follow.

Mayor Cindrich stated that we simply need to address the complaints and quality of life issues and if a summons is issued for a violation and the person the summons is issued to is told to remove the violation immediately and then we'll make an application to withdraw the summons what that does is enhances the quality for all the people in the Village. That we have what is perceived or factually a quality of life issue and a problem corrected. My ambition is to get the quality of life problems addressed and corrected as opposed to useing this as a mechanism to realize a profit. The summons should be our last recourse, where if it's not going to be corrected by conventional means then we have no recourse, but then once the summons is issued we have to find a way to stream line the process. So it either becomes what was talked about here each day as an additional violation or and the fines become substantial for damaging the Village and other people's rights. Basically, having a negative impact on the quality of life of everyone living in the Village. It is something that we have to continue to formulate through the Prosecutors and the Village Attorney.

Mr. Cassidy stated that the Class III violations are issued pretty much on an immediate basis. Appearance tickets still require protocol. Violation Notices are issued upon the discovery of the violation. According to our Code a minimum of five (5) days must pass before I can issue an Appearance Ticket. There is also a standard of reasonableness in which I have to allow a person a reasonable time period to correct the violation and then an appearance ticket is served. We are getting delays in some cases because we have owners that go beyond two counties and then we have to have alternate service.

Trustee Markus in the case of a corporation can you exercise the service through the Secretary of State.

Mr. Cassidy replied yes, but obviously that's a time factor.

The Village Board thanked Mr. Cassidy for attending the meeting.

Mrs. Joyce Wall stated the other day at 7:45 am in the morning at Kirby Plaza a huge truck that was obliviously unloading but had not pulled up to the curb. The truck was out in the lane of traffic and in front of the truck was a taxi also in a lane of traffic people were getting on and off and at the same time the train comes in and the people come flooding out of the train all over the place and the taxies are going like crazy. Now somebody is going to get hurt. This is ridiculous and this goes on not infrequently, something has to be done.

Mayor Cindrich asked Mrs. Wall if she was referring to a loading zone.

Mr. Wall stated this is the curb in front of the Newport Market with a yellow line around on curb, which means you don't park there, but their not even parking there. They are parking out in the lane of traffic.

Mayor Cindrich replied that we have persistent violations by the taxi industry in parking in spaces that are not allocated to them. We'll refer it to the Chief of Police for more enforcement.

Trustee Griffin, Jr. stated that he would also like to see additional enforcement where they are blocking that intersection as you go into Kirby Plaza. People totally ignore that sign and it's blocked all the time. People can't make that left hand turn into Kirby Plaza. I would like to see a little more enforcement on that also.

Mr. Donald Roseafort stated that he sees cars and trucks parked by fire hydrants all the time and nothing is done. If I get a ticket and I park by a fire hydrant I wouldn't want to pay for it either. Because right in front of the HSBC Bank there is a fire hydrant with two parking spaces right in front of it. It's supposed to be 10 feet from the fire hydrant. Cars are parked right there and I brought it to the attention of the people that pick-up the meters and a few Police Officers. If there is a fire the Fireman are not going to wait for the car to be moved they are going to break the windows and put the hose right through it.

Trustee Griffin, Jr. replied we'll look into it.

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. 9:50 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Regular Meeting April 21, 2008 1.