Village Board Meeting Minutes - December 17, 2007

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, December 17, 2007 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.

Trustee Peter Grunthal

Trustee Anthony Markus

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Prior to the start of the Regular Village Board Meeting the Board held two informal interview for the appointment of a Fire Commissioner.

7:00 pm - John Yantos

7:15 pm - Joseph Luppino

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 the family of Rocco Cardillo be remembered. Mr. Cardillo was a WWII Veteran, longtime resident, and member of the Cardillo, Velvano and McGrath Family.

Public Hearing Regarding a Proposed Local Law

Stormwater Management

Mayor Cindrich opened the Public Hearing noting that the Board was in receipt of the proper affidavits of service and the proper affidavits of public notice regarding this hearing.

Village Manager James Palmer stated that the Board did consider adopting a local ordinance on Stormwater Management quite some time ago and we have this once again before the Board tonight for adoption. He has been working carefully with Village Attorney Whitney Singleton and Assistant Village Manager Jeff Econom. As the Board knows the Village has a SPDES Permit and since we operate a municipal separate storm sewer system the Village is required to meet a series of six (6) minimum control measures that we talked about in the past when we file our notice of intent with the DEC each year. One of those requirements is the passing and implementation of a Stormwater Management Ordinance. What the Board has before them tonight is the model ordinance that was prepared by the Department of Environmental Conservation. He added that Assistant Village Manager Jeff Econom can assist us with going over some of the specific details of this ordinance which includes requirements for a Stormwater Pollution Prevention Plan for certain projects and the designation of a Stormwater Management Officer and essentially insuring compliance with the disturbance of sites through construction and insuring that we have erosion control measures in place.

Assistant Village Manager Jeff Econom stated that this proposed ordinance was all about the Phase II Stormwater Regulations. We are going to be looking for changes in the near future to this ordinance once it is adopted because on January 8, 2008 the DEC will be coming out with revised regulations. We have formed a Stormwater Committee and we are going to be reviewing in greater detail the disturbance threshold which the DEC will be reducing from one acre to 5,000 sq. ft. The DEC is becoming more restrictive in their regulations. We have nutrient loading we have to look at. I think what we have to look at is environmental sensitivity, soil types, slopes and other conditions. I am recommending that the Board adopt the model ordinance that DEC has put out and when the DEC adopts the new regulations on January 8^th we will have our committee in place at that point to look at adding additional regulations so that we comply with other things that we believe should be complied with.

Mayor Cindrich asked if someone were to put an addition on a building lot that was 5,000 sq. ft. would they be subjected to the Stormwater Regulations.

Mr. Econom replied come January 8^th yes, the new requirement threshold will be going down to 5,000 sq. ft. of disturbance where it is currently one acre.

Trustee Griffin, Jr. stated that currently they are subjected to all the DEP regulations also.

Mr. Econom replied that is correct, in the Main Street Area. The DEP has not changed their regulations.

Trustee Griffin, Jr. ask if the DEC had priority over the DEP.

Mr. Econom replied that they work in conjunction with each other. Any disturbance in the Main Street area kicks in a Stormwater Pollution Prevention Plan and a Water or Nutrient Water Quality Analysis if you are in the Main Street Area. DEP in the Main Street Area is yes, more restrictive.

Trustee Markus asked if the enhancement could be any less restrictive.

Mr. Econom replied no we can not make the ordinance any less restrictive.

Trustee Griffin, Jr. noted that this was mandated by the DEC and that the Board had to adopt this.

Mr. Econom stated that is correct.

Village Attorney Whitney Singleton stated that in Section 5 (Exemption) the Board might not want to include 5-5.1 and 5-5.2. The other section he pointed out was under 92A-2 Definitions. Land Development Activity. The area that we might want to define as being subjected to this ordinance is something that the Board should be reviewing if it was the pleasure of the Board to make it more restrictive. Also the Board should be reviewing Section 2-2.1 Contents of Stormwater Pollution Prevention Plans. #4 is another area that should be given some consideration.

Whitney Singleton stated that this ordinance as proposed by the DEC should be adopted on an expeditious basis and then the Board review it in detail to make further enhancements.

Mayor Cindrich asked if there were any comments from the public. There were none.

Trustee Griffin, Jr. stated that regretfully this is more regulations mandated by the State to us. It's a shame because we are under such influence under DEP now for Stormwater Control.

Mayor Cindrich noted that the water that we are protecting is NYC Water and that NYC and the State are not helping the Village protect its own water.

Mr. Econom stated that by getting the ground water recharged it could help our drinking water and our issues here and if we can get the surrounding communities to do the same it will be beneficial.

Mayor Cindrich asked what other municipalities have adopted this ordinance with the 5,000 sq. ft. disturbance threshold.

Mr. Econom replied that every municipality was adopting this ordinance and that the Village of Mount Kisco had no choice in this matter.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus to adjourn the Public Hearing on the proposed local law regarding Stormwater Management until January 7, 2008, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Continued Public Hearing

Regarding a Proposed Local Law

Driveway and Curb Cuts

Mayor Cindrich asked if there where any comments from the public. There were none.

Mr. Singleton stated that several months ago we began examining the regulation in Mount Kisco limiting the number of curb cuts and driveways to not more than one per one family or two family structure. At the request of the Board it is now being modified for certain circumstances within the Village of Mount Kisco for substantially oversized lots to encourage the preservation of those oversize lots and discourage their subdivision. An individual maybe able to go to the Zoning Board of Appeals after meeting certain requirements as outlined in the proposed ordinance (A through K) and present their case for the granting of relief from this code provision and allow one additional curb cut on a corner lot where certain criteria are met i.e. not less than an acre in size, not closer than feet 50 feet to an intersecting street, not closer than 20 feet to an adjoining property line, must have an authorized area for parking, etc. see (A through K). All of these conditions must exist throughout the term of there being a secondary driveway.

Trustee Markus asked if the Zoning Board of Appeal had to adopt a variance or could they deviate.

Mr. Singleton replied that what would be required here was a balancing test of the benefits to an applicant versus the determent to the character and environment of the neighborhood. The Zoning Board of Appeals in accordance with the standards and statutory criteria set forth in Village Law Section 7-712-b3. Any such applicant seeking a variance must establish compliance with the conditions set forth in A through K.

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara to close the Public Hearing on the proposed local law regarding Driveways and Curb Cuts, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Regular Meeting started at 8:05pm.

1) Communications:

A. Letter from David Matsil re: vacancy on the Conservation Advisory Council.

Mayor Cindrich read the letter from David Matsil dated November 29, 2007 expressing his interest in serving on the Conservation Advisory Council.

Mayor Cindrich directed the Village Manager to contact him and arrange an informal interview.

B. Letter from the Mount Kisco Rotary Club re: Fund raiser event.

Mayor Cindrich read the letter from the Mount Kisco Rotary Club dated December 3, 2007.

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. authorizing the Mount Kisco Rotary Club to hold a combined Rubber Duck Race and Craft Fair on Sunday, May 4, 2008 in the Branch Brook and the surrounding area subject to the negotiation by the Village Manager as to the appropriate area for them to use and that the Rotary Club provides the necessary insurance documentation, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Abstain

Trustee Markus Aye

2) Petitions: None

3) Board, Committee and Commission Reports: None

4) Village Manager's Reports -

A. Letter of Byram Lake and November Water Distribution.

Village Manager James Palmer advised that the level of Byram Lake was at 74.4% of capacity this afternoon.

He also provided the Board with a copy of the November totals and the average daily pumpage was 1,489,833 per day.

He also reported that he has been working with Thomas Warren and reviewing our records to answer some of Deputy Mayor DiChiara's questions concerning the difference between what the Village is currently pumping and what the consumption numbers on our billing has been.

He also reported that the Village has had two Snow Emergencies during the past week and he wanted to remind the residents that we do have the Village's email alert system which they can sign up for at the Village of Mount Kisco website. We also put the Snow Emergency information out on the Village's cable channel. We also have the 241-SNOW phone which you can call into and get the latest dates and times.

He also noted that the Highway crew has been working around the clock during these past storms. Once again they were out over the weekend working very hard and I know we all appreciate their efforts.

B. Request for an 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 Grunthal reported that the Finance Committee met last week and put on to their agenda the whole matter of policy and practices regarding purchasing by the Village to ensure that purchasing is done appropriately and that we have been billed correctly. Some issues were raised which will be pursued at the next meeting of the Finance Committee. One of the ideas that came up to help control what is happening without imposing additional administrative work on our staff would be to conduct an audit on a random basis of the bills that come from any one or two vendors each year to make sure that what is being quoted for, promised and delivered is actually appropriate. He added that at a future meeting he will report further to the Board on this subject.

Trustee Griffin, Jr. reported that the roof work on Village Hall is just about completed. He also acknowledged the excellent job the Highway Department has done regarding snow removal during these past two snow events.

Trustee DiChiara reported that he has been doing research on our Water Filtration Plant as far as what we are pumping out of Leonard Park. I sent the Village Board a report describing what we have been pumping from Byram Lake and what we have been billing and there seems to be a large discrepancy of water loss. So we need to research that because if there are any problems with our system we need to analyze it to make sure that we keep reservoir levels up as high as possible. He reported that he has also been continuing to work with different people to develop plans for the Maple Avenue corridor. I have been working with the Village Manager on getting the demolition company back to work, tearing down 71 Maple Avenue and then we can go forward with our plans once the library moves out of the adjacent building next door.

Mayor Cindrich complemented the Highway Department on the excellent job they did on the storms they encountered. We could make their lives a little easier if we enact the laws that I have suggested and restrict parking on certain main arteries from 3-6 or 2-6 all year long to facilitate street sweeping and snow removal. The down town area, Main Street, Lexington Avenue, and some of the other streets the Village Manager may believe are appropriate. I wish every board member would take a good look at this because the snow alert works in some instances but in most instances when we have to write 100 tickets to assist people in moving their vehicles the ordinance is not working. The Highway Department has a difficult enough job to do and by imposing parking restrictions during the overnight hours on certain main streets will help them.

Mayor Cindrich also reported that he met with the Planning Board Chairman and Vice Chairman to discuss some open issues involving significant development in town. I expressed my concerns and gave them a vote of confidence on what they are doing and hopefully some of the problems we are facing now will not be problems. He noted that he spoke with the proprietor of the Grand Prix of New York.

He also spoke with the Hospital President regarding the issue of the parking contract, which he wanted an answer on this evening. He asked the Village Attorney for a status update on the land that we were leasing across from the hospital.

Village Attorney Singleton replied that he was planning on discussing this issue with the Board tonight in Executive Session.

He noted that the Board had held several work session meetings regarding the bids that were received for the new library and that he was pleased to report that the Board would be awarding the contracts later on in this evenings meeting.

He noted that he was happy to report that the Village of Mount Kisco was in the process of hiring a group of additional police officers. However, a female officer started work today and that she will be going to the Police Academy in early January.

6) Old Business

A. Resolution appointing the Chairman of the Planning Board.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Joseph Cosentino as Chairman of the Planning Board term to expire on December 1, 2008, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Withheld his vote

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution appointing the Vice Chairman of the Planning Board.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. appointing Anthony Sturniolo as Vice Chairman of the Planning Board term to expire on December 1, 2008, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution designating the Official Village Newspaper (Tabled at Annual Village Board Meeting.)

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara designating the Journal News as the Official Village Newspaper for the 2007/2008 Official Year, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Resolution appointing the Attorney for the Zoning Board of Appeals (Tabled at Annual Village Board Mtg.)

This item was tabled.

E. Resolution appointing the Town Prosecutor's (Tabled at Annual Town Mtg.)

This item was tabled.

F. Mayor's Appointment of a Board of Fire Commissioner.

Trustee DiChiara stated that we just had our interviews tonight and I don't think it would be wise to make the appointment tonight. I think we need to consider both candidates. There are two excellent candidates that are up for the position. I think we need a chance to absorb the information from our interviews and to go forward and get some follow-up information as we think appropriate.

Trustee Griffin, Jr. agreed with the Deputy Mayor. He noted that there were some issues brought up that we should look into.

Motion made by Deputy Mayor DiChiara seconded by Trustee Griffin, Jr. tabling this matter, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich announced that anyone in attendance this evening was gladly welcome to make comments during the public comment period at the end of the meeting. There is a lot of misinformation out there and it's extremely unfortunate that we weren't apprised of certain things that are going on in the Village until the 11^th hour. The appointment should have been made at the December 3^rd meeting and I was prepared to make the appointment then. If any individual wants to meet with me personally my phone number is in the book and you can discuss the issue with me at any time.

G. Action on a proposed local law re: Driveway and Curb Cuts.

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. to adopt the proposed local law regarding Driveway and Curb Cuts as discussed earlier this evening at the public hearing, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Trustee Grunthal stated that he thought that we may be over legislating and I think that we may be imposing more on our code and on everybody than we really need to do in this, but I'll go along with the wisdom of the group.

Mayor Cindrich replied that he thought that this was something that festered for an extremely long time and at the end of the day, I believe we have accomplished something.

7) New Business

Appointment of Jeff Econom as Building Inspector.

Mayor Cindrich noted that in the absence of our current Building Inspector and his inability to perform his function I am going to ask that we designate Jeffrey Econom as a State Licensed Professional Engineer to Perform the function of Building Inspector on behalf of Austin Cassidy and to exercise all the powers preferred upon the Building Inspector by our law.

The following motion was offered by Mayor Cindrich and seconded by Trustee Markus designating Jeffrey Econom as Building Inspector on behalf of Austin Cassidy and to exercise all the powers preferred upon the Building Inspector by our law, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Mayor Cindrich asked the Village Manager to look into reviewing if the Board should be designating a Village Engineer and/or any other consultants on an annual basis.

The following resolution was offered by Trustee Griffin, Jr. and seconded by Deputy Mayor DiChiara, Be It Resolved, the Village Board of Trustees hereby authorizes the Village Manager to execute the Stipulation of Settlement which resolves in full the grievance filed by the Union on May 29, 2007 regarding the rate of pay due Village employee Peter Scala retroactive to April 22, 2005, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Resolution authorizing the Village Manager to sign the NYS DOT 2009-2010 Snow and Ice Agreement.

Motion made by Trustee Grunthal seconded by Deputy Mayor DiChiara authoring the Village Manager to sign the NYS DOT 2009-2010 Snow and Ice Agreement Extensions, 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 the traffic improvements on Kisco Avenue (Lexus Dealership. The following motion was offered by Trustee Markus and seconded by Trustee Griffin, Jr. pursuant to conditions of approval #28 and #29 of the site plan resolution from the Mount Planning Board dated November 28, 2006 authorizing certain traffic improvements for Kisco Avenue, Hubbles Drive and Holiday Inn Drive as part of the new Lexus Automobile Dealership to be located at 275 Kisco Avenue. The improvements are being completed at the sole expense of the developer and are indicated on the traffic signal plan and striping plan, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Library Contracts Bid Awards.

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

Markus to ward the Library construction contracts to the following:

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

8) Bills -

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

General Fund $247,508.30

General Fund Claims $210,548.98

Water Fund Claims 26,458.70

Sewer Fund Claims 8,972.45

Library Fund Claims 1,528.17

Senior Nutrition Fund 3,879.75

Water and Sewer Fund 71,368.21

Library Fund 6,881.63

Capital Projects Fund 83,099.04

Trust and Agency Fund 28,531.04

TOTAL $ 441,267.97

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye