Tensions flare over Preston Way bridge

By MARTIN WILBUR

Tensions flared among Mount Kisco officials this week over why the village is responsible to procure the funding and attract bids to hire contractors that would replace the Preston Way bridge.

Emotions spilled over at Monday’s Village Board meeting following a progress report on what steps are being taken so the village can send out bids by mid-May, and moments before the board tabled a vote on a project labor agreement. Mount Kisco and other municipalities often use a PLA so the building trades all operate under a uniform set of rules, such as wage schedules and holidays, Village Manager Ed Brancati said. There would be nine different trades involved in this project, he said.

“It provides greater certainty to bidders to give us a better number,” explained Brancati, who estimated the agreement would reduce the project cost by $272,000.

When the resolution for the PLA was to be voted on, Deputy Mayor Karen Schleimer objected because it puts most of the responsibility on Mount Kisco to oversee the project, rather than it being shared with the Metropolitan Transportation Authority  and the New York State Department of Transportation.

“This makes a giant assumption that we’re responsible for building the bridge,” Schleimer said. “I still have a problem with this. We have had minimal conversation with the MTA in terms of who is actually responsible for the expense of the actual construction.”

Instead, the MTA “is going to be sending flagmen stopping the trains and that’s their whole participation,” Schleimer continued.

Brancati said that the village has already obtained a $5 million state grant and has an agreement with the MTA in which it will contribute about $1.5 million to a force labor account; Mount Kisco is also pursuing additional state and federal money through its elected representatives.

“Is it perfect? Is it what I wanted? No. But what would you suggest?” an irritated Brancati shot back at Schleimer. “What is the alternative? I hear you but to continue to argue it, right, we can continue to argue it. We can litigate the whole thing. It doesn’t get the bridge open.”

But Schleimer continued her criticisms, arguing that Mount Kisco is taking on excessive burden.

“It’s still our responsibility and our people, and we have to supervise it, and we have to build it, and we don’t know who’s going to monitor it, and we could end up in the same position 50 years from now,” she said.

When Brancati said that railroad law is being followed and pointed out the funding that has already been secured, Schleimer responded, “I’m sorry, I feel like Mount Kisco taxpayers are getting it in the rear end.”

The bridge was abruptly closed on Dec. 3 hours after a DOT order, which rankled the community since it was during the busy holiday shopping season. Other officials have blasted the MTA and DOT for seemingly shirking their responsibilities as well.

Mayor J. Michael Cindrich said he uncovered documents showing that the state acquired the land to build the bridge over the train tracks in order to eliminate dangerous grade crossings. After three title searches, the issue of ownership remains in dispute with the two agencies claiming Mount Kisco is the owner, he said.

“They built the bridge, they designed the bridge and there’s no documents, legal documents, for you attorneys out there, that say Mount Kisco owns the bridge,” Cindrich said referring to the agency before it was called the DOT. “They ran for cover. Nobody wanted to give us the funding.”

Trustee Heather Bryant suggested the board table the resolution until the April 6 meeting to get more information. A vote to postpone a decision until that meeting was unanimously approved.

Brancati reported that the village is in the midst of clearing trees from the area around and under the bridge after receiving a DOT communication that it had to be done by March 31. If the tree removal is not completed by the end of the month, the DOT would have to go through an extensive New York State Department of Environmental Conservation approval process because those trees are used by Indiana bats, an endangered and protected species.

The last estimate for replacement of the Preston Way bridge was $8.6 million in January 2024, a figure that is almost certain to rise once bids are opened.

There has also been frustration with the detour around the downtown, which has led to long lines of traffic, particularly during peak hours. 

Brancati said earlier this month that if the bid can be awarded by early summer, construction can start in August. Work is expected to last 12 to 14 months.