Village Board Meeting Minutes - June 18, 2007

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, June 18, 2007 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

Deputy Mayor Peter DiChiara

Trustee George Griffin, Jr.

Trustee Peter Grunthal

Trustee Anthony Markus

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Prior to the start of the Village Board of Trustees meeting the Village Board conducted an informal interview with Bruce Hartleben regarding a vacancy on the Architectural Review Board.

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 asked for guidance in the decisions we make this evening that they will benefit all the people of Mount Kisco. He also asked that people remember in their prayers and thoughts the family of Margaret Kirby who passed away last week. She was a gentle and kind person and a real asset to this Village.

1) Communications: None.

3) Board, Committee and Commission Reports:

a. Fire Department Awards and Presentation.

Board of Fire Commissioner John Yantos made an award presentation to the following Firemen for their many years of service to the Mount Kisco Fire Department:

William (Whitey) P. Mulsberry from the Mutual Engineer and Hose Company with 62 years of service.

Bert Daley from the Independent Fire Company with 55 years of service.

Herbert Steinhauser from the Mount Kisco Rescue Fire Police with 50 years of service.

Bill Fletcher, Jr. accepted the award on behalf of his father William Fletcher from the Mutual Engineer and Hose Company.

Fire Department Overview Presentation.

Mayor Cindrich stated that he had requested that the Fire Department make a presentation to enlighten our residents as to what goes on in the Fire Department and the dedication and loyalty of its members. He thanked all the members for being present this evening.

Mr. David Kuritzky, 25 year volunteer member of the Mount Kisco Fire Department gave the Fire Department Overview presentation.

Mayor Cindrich stated that the Village of Mount Kisco is extremely fortunate to have the number of volunteers that we do have. Thank you all for what you do. We are and have been designated the “Best Family Town” and the Mount Kisco Fire Fighter Family has made that happen.

4) Village Managers' Report -

A. Level of Byram Lake.

Village Manager James Palmer advised that the level of Byram Lake as of 9:00 this morning was at 95.5%. The daily average pumpage for the month of May was 1,666,194 million gallons per day, and the Saw Mill Pump Station inflow averaged 1,532,523 million gallons per day and the outflow averaged 1,527,913 million gallons per day.

B. Blu Dot, Inc. Byram Lake Monthly Report: May, 2007.

Village Manager, James Palmer, provided the Board with a copy of the May, 2007 monthly Byram Lake Report provided by BLU DOT, Inc.

Month Total Rain inches 1.76

Month Max Level ft. 0.10

Month Min. Level ft. -0.56

Month Max Capacity 100.3

Month Min. Capacity 96.7

Motion Adopted

Village Manager, James Palmer introduced to the Village Board and the public the newest member to the Highway Department Francesco Oliveri. Mr. Oliveri has been hired as a Laborer in the Village/Town of Mount Kisco's Sanitation Department effective June 25, 2007.

Village Manager James Palmer also announced the following promotions:

Giuseppe Luppino will be promoted to Water Maintenance Worker II effective June 18, 2007 and Peter Hagen will be promoted to Motor Equipment Operator in the Sanitation Department effective June 18, 2007.

D. Code Enforcement Update.

Building Inspector Austin Cassidy stated that as the Village Manager had requested the Village Board had a prior concern expressed at a previous meeting regarding the general condition and maintenance of 281 Lexington Avenue (Elman's Tire Retailer). We had been working with the Manager of the business for quite a while to try and get different elements of the site cleaned-up. Some of the issues had ratcheted to the scope and scale that really required the attention of the property owner. We sent out a notice of violation in May to the property owner. There has virtually been no response what so ever and I have issued three court appearance tickets to the property owner, relating to the general conditions of the building as well as issues on the site itself. Having appearance tickets out there I don't know that I want to go into to much further detail relative to the property, but I did want to bring you up to date on what we are doing.

Mayor Cindrich asked if what was going on there especially during off hours, if that was under the authorization of the tenant or the owner.

Mr. Cassidy replied that any activity during the off hours is more likely being done through the tenant. All the activity to my knowledge would relate to the tenancy.

Trustee DiChiara stated that there are trucks parking there at night that are not part of the tire business. They are part of a landscaping business. Are they allowed to do this?

Mr. Cassidy replied that you are allowed one vehicle on the premises that might belong to another, but there are also physical limitations as to its size. I would need to find out more about that vehicle to answer you better.

Mayor Cindrich stated that if you go by their between 6:30 am and 7:00am you'll see that it looks like a contractor's yard more than a retail tire location.

Trustee Griffin, Jr. asked if there was a site plan for the property.

Mr. Cassidy replied that there are several site plans through the evolution of the property. The original use goes way way back to a junk yard.

Trustee DiChiara presented a few slides of the property. He noted that nearly all of this property was covered by impervious surface and exceeded the maximum development coverage. Also there are large curb cuts which don't meet Village code. How are they allowed to do that?

Mr. Cassidy replied that the only thing that will be volatile in that regard would be there were patches on the approved site plan that were formerly lawn out in between curb cuts and the prior operator actually had unilaterally black topped that area in because the nature of the trucks coming and going the back wheels of the truck were usually chewing up the grass and making nothing but rutted mud holes. The grass was not surviving so on his own he black topped it in just so that it would stay stable. We are trying to get the green space back.

Trustee DiChiara stated that he thought that the curb cut was wide enough that we should not have trucks rolling over it. Why can they exceed the maximum development coverage?

Mr. Cassidy replied that you have to remember the history and evolution of the property this was black topped long before there were coverage regulations. What you see predates the regulations.

Trustee DiChiara stated that runoff and the associated results of runoff have caused flooding not just in Mount Kisco but all over Westchester County. This is something that is damaging our environment causing flooding and property damage. This is something that can be fixed rather easily.

Mr. Cassidy replied that your reasoning is true, that's why we have the regulations because we recognize currently environmental issues and run off and maximum development/coverage and the quality and importance of green space, but again it goes back to its legitimacy and history. I can only caution you to be careful of a potential myopic prospective reducing coverage with a new law would have sweeping effects in this town.

Trustee DiChiara replied, yes, positive effects - thank you.

Trustee Griffin, Jr. stated that over the years there have been new DEP and DEC Regulations which we are obligated to conform to. Wouldn't a case like this fall into the new rules?

Mr. Cassidy replied if you were doing something in the here and now, the answer would be yes new construction needs to be compliant.

Trustee Griffin, Jr. stated that if you maybe go into the records, you could maybe find some records and find some bite to the bark.

Mr. Cassidy stated that we have more regulatory matters in a maintenance category now than we had years ago and we are able to use those in the citations that we have issued.

Trustee Markus asked if there had been any closer look at the building itself the structure and the integrity.

Mr. Cassidy replied the wood frame portion has been examined. It is old style timber which means the dimensions are true dimensions the timber in there are massive almost petrified giving it the strength and stability of steel. He added that he was in the building approximately 7 or 8 years ago on an inspection relative to new construction.

Trustee DiChiara stated that at a minimum we expect that the grass in the set-back will be restored shortly.

Mayor Cindrich noted that the business owner frequently had trucks parked across the sidewalk interrupting the flow of pedestrian traffic. He requested that a friendly reminder be sent to the owner that the sidewalk belongs to the Village of Mount Kisco not the tenant or the property owner.

Mr. Cassidy replied that the business owner has noted that the degree of impact of trucks coming and going in their turning maneuvers would be lessened if some of the present curb cuts which have 90 degree turns to them were flared more allowing the truck wheels to take it's arc of turning radius with the truck as it is leaving without passing over grass.

Trustee DiChiara reviewed another slide of the building. This slide illustrated how the building was crumbling, decrepit and it's full of graffiti and it's been that way for a long long time. What are we doing so this condition is improved?

Mr. Cassidy responded that this was sited in the appearance ticket, accept for the graffiti. He was informed by the Code Enforcement Officer that the graffiti was gone.

Trustee DiChiara replied that the graffiti closest to Moore Avenue is gone but as you can see from this picture it is all over the entire building. Maybe it's not as visible as the other graffiti but you can see from this slide you'll see the same graffiti on the crumbling wall.

Trustee Markus asked after seeing these slides of the crumbling building was Mr. Cassidy concerned about the structural stability of the building.

Mr. Cassidy replied no. This is the “skin of the building”, this is garden brick face and it's rather thin.

Trustee Markus replied but it could cause problems down the road.

Mr. Cassidy replied yes, it could over time which is the nature of the charge specifically.

Trustee DiChiara asked if the following items were included in the charges. The window glass on the far south of the building is cracked. The dumpster is in front of the building and it shouldn't be there.

Mr. Cassidy replied that the dumpster was not included in the charges. Dumpster locations were not even addressed in State Code. Everything addressed to the tenant was in State Code.

Trustee DiChiara stated that dumpster locations were addressed in the Village Code.

“The Village Code states that a compactor/dumpster and or container shall be appropriately screened or located so as to minimum it's effect on residential uses”. There is housing on Lexington Avenue and Elm Street and that dumpster is right in the line of their site, in front of the building.

Mr. Cassidy responded that the dumpster location was not addressed in the charges. He addressed building code and issues relative to building. So he did not pick-up on the dumpster.

Mayor Cindrich stated that what he would like to see is that the owner and/or tenant appear before the Planning Board as part of a resolution to this problem and we develop a site plan that is appropriate for this use that's there and operate within the confines of that site plan. He added that compliance was more important to him than the fines.

Trustee DiChiara stated that this commercial property is an eye sore and it's across the street from cemeteries where people are trying to pay their respects to people that have passed and they have to see this eye sore and it's something that we need to fix.

Mr. Cassidy stated that all of that has been clearly conveyed by written communications but unfortunately to no avail.

Trustee DiChiara stated on a separate subject he felt that the Lexington Avenue Cleaners building should be brought before the Planning Board because he felt they had increased the non-conformity of their parking. They are not providing parking for their commercial vehicles. There was a pre-existing nonconformity that has been significantly expanded now that there are three (3) businesses operating out of that structure.

Mr. Cassidy replied that for access the property owner has gained rights relative to an adjoining strip of land where there is an existing curb cut to Lexington Avenue and he is in the process of opening that up as a driveway and eliminating the commercial traffic through West Street.

Mayor Cindrich stated that one of the things he is concerned about with the whole Lexington Avenue corridor is that we have been piecemealing the parking restrictions. He noted that he has been working closely with Westchester County as to what is a legal curb cut and what is an illegal curb cut so that when we do repave and re-curb that street the curb cuts that have been put in are within our ordinance.

The Village Board of Trustees thanked Mr. Cassidy for coming to the Village Board meeting and providing them with an update.

E. 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 Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

5) Board Reports:

Trustee Markus stated that the sign Committee continues to meet. We have just covered the territory of awnings, which is a separate ordinance unto itself. We are just about done with the draft. I have looked over this ordinance however, I would like a second set of eyes to review it.

Trustee Grunthal had no report at this time.

Mayor Cindrich stated that he was a little concerned as to where we are with the Library and he suggested a work session just to keep the ball moving on that item.

Trustee Grunthal asked if the construction manager could draw up a new schedule which incorporates the geothermal heating system so that we can hold all parties accountable to the new time table.

Trustee Griffin, Jr. stated that the Building and Grounds Committee meet last week and discussed the Fire Department Houses. We did a tour of Green Street Fire House and regretfully our Fire Houses which are owned by the Village have been here quite a while, they are older buildings and they do need work. The Building and Grounds Committee is putting together a list of maintenance issues and the priority as to which they will be addressed. There are quite a few things, many of which can be handled over a long period of time as capital improvements. We are working with the Fire Department and Fire Companies to keep these buildings maintained so they can accommodate the proper equipment. We are going to finalize a report on all three fire houses as to what we feel are essential and non-essential repairs and what the projected costs are. So that we can properly budget for these items in the future.

Trustee Griffin, Jr. stated that he also recently attended an Eagle Scout Ceremony at the Methodist Church honoring a young man named David Mann. He was awarded with the Eagle Scout award in Boy Scouting, which is the highest award. He attended the ceremony representing the Village of Mount Kisco and he presented David Mann with a certificate of accomplishment from the Village of Mount Kisco. His Eagle Scout project encompassed the refurbishing, remarking, clearing and remapping of the hiking trains at Fox Lane High School for everyone's benefit. This young man did a great job. He also commended Ross Porter and the other troop leaders of Boy Scouting Group #1 Mount Kisco. They do and excellent job for the youth of this town. We have one of the higher percentage of Eagle Scouts coming out of this troop. He encouraged people to support scouting because it is a great program for kids.

Mayor Cindrich noted that Ross Porter was an exceptional individual and he does a great job in giving back to the Community.

Mayor Cindrich stated that unfortunately he has been spending a lot of time with Attorney's and other legal advisor's. One thing that is happening is that Northern Westchester Hospital is embarking on the construction of their emergency room. I have gotten the support of some of our State Representatives in the area of Homeland Security and one of my major concerns with the Hospital is that we have an undersized emergency room. We need a regional facility that if we do have any type of disaster we need an emergency room that is going to be able to handle that type of disaster. New York State Senator Vincent Leibell who is the Chairman of the Safety and Homeland Security Committee has pledged some of his support in resolving some of the issues that we are going to have, obviously traffic. The Planning Board is working on this and we are giving the Planning Board as much support as we can to make sure that this project keeps moving forward.

Mayor Cindrich stated that we also met again with Westchester County representatives regarding the sewage treatment plant on the Saw Mill Parkway. This is a major burden to our community because it is very expensive to operate. Whitney Singleton, Jim Palmer and I sat down with a Westchester County Engineer and we came to a better understanding of what is taking place with regard to erosion and deterioration of the facility. We all came away with a better understanding of the facility and the County is going to work with us in trying to resolve the issue without costing the taxpayers of Mount Kisco. This is a project that Assistant Manager Jeff Econom and Staff are going to have to continue to work on.

Mayor Cindrich stated that we are also struggling with another piece of property and that is the Dubos Property in the vicinity of Byram Lake. It involves a property that initially received certain benefits for being a not for profit and now they are trying to sell the property for profit to build homes on. The Village owns some type of deed restrictions. Our goal is to preserve that property as a water shed area.

Mayor Cindrich stated that he was also working on a contribution to the open space fund. We have an opportunity this evening to settle a zoning problem and possibly acquire some open space and there is some urgency in the matter and we are going to have to take a brief recess so that we can fully understand the parameters of this deal before we present it to the public. It has to be done this way, because it does involve some type of litigation and I can't compromise the litigation by talking in public about it before we know there is a deal. The Village Attorney has to explain the issue to the entire Board and then move forward if we do move forward

Mayor Cindrich offered the following motion and seconded by Deputy Mayor DiChiara, that the Village Board of Trustees take a brief recess at this time to go into an Executive Session to discuss a litigation matter, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

6) Old Business - None.

7) New Business

A. Resolution appointing Bruce Hartleben to the Architectural Review Board.

The following resolution was offered by Trustee Markus and seconded by Deputy Mayor DiChiara appointing Bruce Hartleben to the Architectural Review Board for a three year term to expire on 12/6/2010, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Deputy Mayor DiChiara stated that he would approve the settlement of this claim with the condition that payment be withheld until certain property issues at 100 West Main Street are addressed.

Mayor Cindrich stated that this was an issue that occurred in 1984. Inferior and substandard work performed by a subcontractor working for the Village of Mount Kisco with no oversight or inspection by the Village of Mount Kisco. Although the statue may have run out, as it was unearthed there was obviously a problem created by a subcontractor of the Village. So we negotiated the settlement because we believe we had a certain obligation and it was extremely oblivious. What have been working on and continuing to work on is that when we are doing municipal projects we are going to have thorough inspections, thorough oversight and good contracts. Without the oversight on the Village's part we end up with this type of exposure. This settlement amount is $5,000 for a claim that cost in excess of $10,000 to do the repair work and the repair work was completed by a contractor that we have had great success with and he was employed by the home owner and inspected by our people.

The following resolution was offered by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the settlement of claim regarding sewer line repairs at 100 West Main Street in the amount of $5,000 with the stipulation that payment be withheld until certain property issues are addressed, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution authorizing a tax certiorari settlement.

The following resolution was offered by Trustee Markus and seconded by Trustee Griffin, Jr. as follows:

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

Property Owner Tax Designation Years

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:

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution authorizing the Village Manager to sign the agreement with Westchester County Department of Public Safety re: Police Academy Instructor Training.

The following resolution was offered by Mayor Cindrich and seconded by Trustee Grunthal authorizing the Village Manager to sign the agreement with Westchester County Department of Public Safety regarding Police Academy Instructor Training, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

E. Resolution authorizing the Village Manager to sign agreement with Realife Land Improvements, Inc. for Shoppers Park parking area.

The following resolution was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign an agreement with Realife Land Improvements, Inc. for Shoppers Park Parking lot maintenance improvements not to exceed $25,000. Assistant Village Manager Jeff Econom has to prioritize the list and meet with the Department of Public Works to figure out what we can do in house to save the tax payers money and not loose the season in getting this much needed work finished, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

F. Resolution authorizing the Village Manager to sign agreement with Clough Harbour & Assoc. for Environmental Monitoring - Solid Waste Transfer Station (6/07-5/08).

The following resolution was offered by Trustee Markus and seconded by Trustee Grunthal authorizing the Village Manager to sign the agreement with Clough Harbour & Associates for Environmental Monitoring of the Solid Waste Transfer Station (6/07-5/08) in the amount of $36,000, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

G. Resolution authorizing the Village Manager to sign the agreement with Habitat Management for July 1, 2007 ending June 30, 2009.

The following resolution was offered by Trustee Grunthal and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the agreement with Habitat Management for an annual management fee of $65,265.73 for the twenty-four months, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

H. Resolution authorizing the Village Manager to implement a Flexible Spending Plan for members of the Administrative Group.

The following resolution was offered by Trustee Grunthal and seconded by Trustee Markus to implement a Flexible Spending Plan for members of the Administrative Group, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Village of Mount Kisco Flexible Spending Account Plan Parameters

Health Care Expenses Reimbursement Account Dependent Care Reimbursement Account

I. Resolution authorizing payment of certain claims in advance of Village Board Audit and Approval.

The following resolution was offered by Trustee Griffin, Jr. and seconded by Trustee Grunthal.

Be it resolved in order to avoid paying late fees, the Village Treasurer is authorized to pay in advance of audit, claims for public utility services (electric, gas and telephone services) and postage charges, and those lease payments coming due before the next regularly scheduled Board of Trustees meeting, provided that such claims shall be presented at the next regular meeting for audit. This authorization shall expire September 1, 2007, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

J. Resolution authorizing on out of state conference request (N.R.P.A. Congress Conference.

The following resolution was offered by Trustee Grunthal and seconded by Deputy Mayor DiChiara authorizing Charles Pieragostini, Superintendent of Recreation to attend the out of state, conference as outlined in the memorandum dated June 14, 2007 budgeted amount not to exceed $1,500, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

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