Village Board Meeting Minutes - May 19, 2008

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, May 19, 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

Deputy Mayor DiChiara

Trustee Griffin, Jr.

Trustee Peter Grunthal

Trustee Anthony Markus

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

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. On Friday, May 30^th the Village will be celebrating the Memorial Day Parade and he asked that we remember in our prayers the families of all the men and women who have died in defense of our Country.

1) Communications:

A. Resignation letter from Michael Brady re: Board of Assessment Review.

Mayor Cindrich read the letter from Michael Brady dated May 15, 2008 regarding his resignation from the Board of Assessment Review. Mayor Cindrich requested that a thank you letter be sent to Mr. Brady for his service to the Village of Mount Kisco.

B. Letter from the Mount Kisco Fire Department re: Annual Parade Request.

Mayor Cindrich read the letter from the Mount Kisco Fire Department dated May 10, 2008 requesting to hold their annual Fire Department Inspection and Parade on Friday, July 11, 2008.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. granting permission for the Mount Kisco Fire Department to hold their annual Fire Department Inspection and Parade on Friday, July 11, 2008 subject to the Village Board's approval of the overtime plan from the Chief of Police, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Letter from Open Door Family Medical Center, Inc. re: Westchester County's Community Development Block Grant Application.

Mayor Cindrich acknowledged receipt of a letter from the Open Door Family Medical Center, Inc. regarding their application for CDBG Funding to establish a new dental facility for low/moderate income residents dated May 15, 2008.

2) Petitions: None

3) Board, Committee and Commission Reports: None.

4) Village Manager's Reports -

Village Manager Palmer announced that there were several openings on the Board of Assessment Review and if any resident was interested in serving on this board to please contact him directly for more information.

A. Level of Byram Lake.

Village Manager Palmer reported that the level of Byram Lake as of 9:00 am this morning was at 99.6% of capacity.

Calgi Project Manager Dale Knueppel provided the Village Board with a status update on the Library Project.

C. Annual Stormwater Report - Year 5.

Village Manager Palmer stated because the Village does operate a municipal separate storm sewer system he has included in the Board's agenda packets the Municipal Compliance certification forms for the year ending March, 2008. This shows the Village's efforts to implement the Federal Stormwater MS-4 Phase II regulations as promulgated by the Environmental Protection Agency and enforced by the New York State Department of Environmental Conservation Agency. One of the requirements of filing this report is to show that the Village has met the requirements of the six (6) minimum control measures set forth by the DEC. They include public education, public involvement, illicit discharge and detection, construction site stormwater runoff control, post construction stormwater management and pollution prevention. The certification will be filed with the DEC by June 1^st.

D. 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 this 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 Draft Sign Ordinance has been submitted to the Village Board of Trustees for the Board's review. This process has been a lengthy one the Sign Law was originally enacted in 1965. The Sign Committee consisted of himself, Patti Tipa, and Austin Cassidy on occasion. This has been going on for approximately a year and a half and is the result of a lot of hard work.

He read the definition under the “Purpose 89-1” of the Sign Ordinance. “The purpose of this article is to establish regulations for the design, construction, installation, maintenance and replacement of the signs in the Village/Town of Mount Kisco in order to maintain and protect the attractive and harmonious visual image of the community; permit effective identification of businesses to encourage economic prosperity; protect the aesthetic environment from the unrestricted proliferation of signs and visual clutter; protect property values; and protect the public health, safety and welfare of the residents of the Village/Town of Mount Kisco.

Trustee Markus stated that he was particularly proud of the fact that we have moved forward on this process because he understands that several attempts have been made over the past seventeen years to move this legislation forward because the law deals with so many issues (i.e. canopies, awnings and signs). He understood that the Village Board wanted to have this ordinance forwarded to the Planning Board for their review and comment. Once that was completed he requested that a public hearing be set.

Mayor Cindrich stated that the proposed local law was very comprehensive and he suggested that the Village Board schedule the public hearing on this matter for June 16, 2008. He also suggested that the ordinance be circulated to the commercial building owners to also get their comments.

Trustee Griffin, Jr. stated that he thought that it would also be an appropriate time for the Village Board of Trustees to also include in this public hearing the Planning Board's proposed Lighting Regulations which have been prepared for quite a while and put them out for public comment because it is a related item lighting and signage.

Mayor Cindrich replied ok, we will take that under advisement.

Deputy Mayor DiChiara referred to the “Draft Proposed Development Regulations” that he along with Trustee Grunthal, Village Manager Palmer and Village Attorney Singleton had recently drafted. He stated that he thought it was time for the Village Board of Trustees to realize and reduce some of the proposed development regulations that are in the zoning code, especially in areas of one and two family housing zones. He stated that he would like to schedule a public hearing to discuss these proposed changes. The draft proposed development regulations take the 30% development coverage for each of the one and two family zones and reduces it to 25% and creates a maximum development coverage of 50% and increases the side yard set-backs to 10 feet (15 feet in the RS12) as a minimum. These proposed changes are greatly needed not just to control building, but also to help lower the run off by lowering the maximum building and maximum development coverages we will be able to reduce run-off and help solve some of our water problems. This is something that we have been working on for a while now. There are some other things that we need to work on as well such as reanalyzing and making changes to our commercial vehicle law. Trustee Grunthal has also been working very diligently in drafting a leaf blower law which will help reduce not only the noise but also the gas emissions.

Trustee Grunthal suggested that the Village Board schedule a work session on the “Draft Proposed Development Regulations” as soon as possible.

Mayor Cindrich requested that a copy of this proposed law be forwarded to the Planning Board for their review and comment. He also directed the Village Attorney to review the Village's code to find out if a moratorium needed to be enacted while the ordinance was being reviewed by the Planning Board.

Mayor Cindrich stated that he had received a letter regarding the Transfer Station stock sale. Mayor Cindrich directed the Village Manager and the Village Attorney to respond to this stock sale letter advising them that we are not pleased with their activities and that he was particularly aggrieved with the queuing of trucks on Lexington Avenue and Columbus Avenue and with the proliferation of debris falling out of the trucks onto the roads in the Village of Mount Kisco. They say in their letter that they look forward to a positive work environment in the community then they need to address those issues or it is going to be anything but positive. We are not going through a summer as we went through previously with some of the issues that are out there.

Mayor Cindrich stated that he had received a lot of emails from people that in his opinion are cowards and if you want to address this Board you have the option of coming forward to this meeting and identify yourself and address this Board and we will respond. I will entertain anonymous complaints at anytime and I will go out and make the inspection myself, but when I get derogatory emails that don't give me a name or an address from people that demonstrate that they have an agenda and they do not like what this Board is doing or they do not like the people in this Village and they proclaim that they are residents of this Village then have the integrity to sign your name. Give us your name and address and I will respond. But I will not respond to an email that is just signed “A Mount Kisco Resident”. There are a lot of problems in the community and there are a lot of problems across the nation and we are doing the best we can. But the cowardly people that want to hide behind email addresses or unsigned letters, if you want to be part of the solution then I suggest that you come forward.

Mayor Cindrich reported that he had a very productive meeting with County Legislator Peter Harckhman. We discussed the issues concerning Lexington Avenue. We also discussed the County's position on Green Space and development. We discussed the Westchester Residence Development, specifically the County's commitment to assisted and independent living for seniors. We discussed the long over due funding for the sewer lift station and we discussed preliminary the New Castle water and sewer issues which should be a joint venture by this municipality, Westchester County and New Castle to resolve some of the problems as opposed to not having an umbrella organization such as the County.

Mayor Cindrich reported that he attended the Senior Citizen's Officer Installation luncheon. He stated that the Village is proud to provide these services to our senior's. It is a very rewarding and beneficial service that we provide and it is something that we have a lot to be proud of.

Mayor Cindrich reported that he and Trustee Griffin, Jr. attended the Chamber of Commerce Award Dinner and again we recognized people that have given back to the community.

Mayor Cindrich reported that he and Trustee Griffin, Jr. attended the Mount Kisco Volunteer Ambulance Corps Installation Dinner and again another group of people that are donating time and efforts to this community and asking for very little in return.

Mayor Cindrich reported that he and Trustee Griffin, Jr. attended the 99^th Year Celebration of the St. Francis A.M.E. Zion Church another group that has been here for quite sometime. They have something to be proud of and they have a strong congregation.

Mayor Cindrich noted that we have discussed too many personnel issues that should not have been made public. There was too much miss information out there and in his opinion it was disgraceful and it is something that we will work with our Staff to make sure it doesn't happen again. He stated that he has been out every night this week sometimes until 1:00am in the morning inspecting properties on Spring Street and West Street. Reviewing complaints that he had received and he will be passing those on to the proper channels that something needs to be done about the violations that do exist. I do this because when individuals that live on these streets want people to comply and they themselves comply, somebody has to be held accountable and I guess that's me and that's why I'm out there and it's not going to be me forever. I want to drive home the fact that Staff is going to have to be making more of an effort.

Mayor Cindrich noted finally I have been inundated with the swimming program complaints at the Boys and Girls Club. I don't have a magic wand. It's a business decision by the Boys and Girls Club Board of Directors. They stated the valid reason was that they have a mission and their mission is to service children and they made that decision. I have discussed alternatives with the Director and they are not receptive to the alternatives. Their mission is to serve children and they will continue to serve children and they will phase out the adult programs. I am still receptive to the emails and the letters. However, I don't have the authority to dictate what they should do. I have contacted a private entity in town and they are agreeable to offer a 30 trial membership to the swimmers and to try and help the people that are looking for a place to exercise.

6) Old Business None.

7) New Business

A. Schedule a public hearing regarding proposed sign ordinance changes.

Motion made by Mayor Cindrich and seconded by Trustee Markus scheduling a public hearing regarding proposed sign ordinance changes to be held on Monday, June 16, 2008 at 7:30 pm, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

B. Schedule a public hearing regarding a moratorium on proposed zoning changes in residential districts.

Mayor Cindrich stated that he has asked Mr. Singleton to research the specific sections of the Village Code that would preclude any violations of the proposed zoning changes and in the interim forward the proposed zoning changes to the Planning Board and if a public hearing/moratorium or work session is necessary then it will be scheduled and if not we'll cancel the public hearing.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. scheduling a public hearing on a moratorium on proposed zoning changes in residential districts to be held on June 2, 2008 at 7:30 pm, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

C. Resolution adopting the Grant Application for Water Quality Planning and Implementation Grants - New York State Department of State.

Resolution made by Trustee Markus and seconded by Trustee Grunthal adopting the Grant Application for Water Quality Planning and Implementation Grants - New York State Department of State and that there are no costs attached to this application, all in favor.

RESOLUTION

Grant Application

Water Quality Planning and Implementation Grants

New York State Department of State

WHEREAS, the Village/Town of Mt. Kisco is a member of the Northern Westchester Watershed Committee (NWWC) which is currently seeking the development of a regional consortium, inter-municipal agreement, management district and/or other shared service to address stormwater management; and

WHEREAS, the NWWC desires to hire a consultant(s) to determine the financial, legal and technical aspects of such an entity; and

WHEREAS, the project would be performed in a two-phased approach in which Phase II would require implementation of specific elements/improvements identified by the consultant(s) through investigations accomplished in Phase I; and

WHEREAS, only towns, villages or counties located wholly or partially within the New York City Watershed and which is a signatory to the New York City Watershed Memorandum of Agreement are eligible applicants: and

WHEREAS, the Towns of Bedford, New Castle, North Castle, Pound Ridge, Somers. Lewisboro, North Salem and the Town/Village of Mount Kisco agree to submit grant proposal on behalf of the NWWC; and

WHEREAS, the Town of Somers, agrees to assume the role of lead applicant for the purposes of contracting with the State and claiming and receiving payment on behalf of all applicants; and

NOW, THEREFORE, BE IT RESOLVED, that the Village Manager of the Village/Town of Mt. Kisco is authorized to apply for a New York State Department of State Water Quality Planning and Implementation Grants to fund preparation of a regional stormwater entity management plan for the NWWC.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

D. Westchester Urban County Community Development Block Grant Applications for FY 2009, 2010 and 2011.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. authorizing the Village Manager to submit the following four (4) applications on behalf of the Village of Mount Kisco to the Westchester Urban County Community Development Block Grant Program for FY 2009, 2010 and 2011, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Project Priority #1

West Street Sidewalk - New Construction

Year 2009

CDBG Amount $200,000

Local Funds $100,000

Project Priority #2

Grove Street Sidewalk - Rehabilitation

Year 2010

CDBG Amount $200,000

Local Funds $100,000

Project Priority #3

Gregory Street Sidewalk - Rehabilitation

Year 2011

CDBG Amount $175,000

Local Funds $87,500

Project Priority #4

Maple Avenue and Flewellyn Parks Project

Year 2011

CDBG Amount $220,000

Local Funds $97,200

Open Door Family Medical Center, Inc. - Application

Village Manager Palmer stated that as part of the public component of this process the Village has also been advised that Open Door Family Medical Center, Inc. is also going to be submitting an application and Lindsey Farrell, President and CEO of Open Door is here tonight to speak on their application.

Ms. Farrell referenced her letter to the Mayor and Board of Trustees dated May 15, 2008 stating that the Open Door Family Medical Center, Inc. would be submitting a very small Westchester County Community Development Block Grant application. The application pertained to the establishment of a dental office for the low-income and uninsured of Mount Kisco. The total project cost was for $20,250 which will be used for equipment (computer, copier and fax). Open Door was requesting $15,187 from CDBG Funds and Open Door Family Medical will contribute the remaining $5,063.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the New York State DOT Snow and Ice Agreement regarding the 2007-2008 Indexed Lump Sum Payment Factor Adjustment, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

F. Resolution regarding Unpaid Water & Sewer Rents.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus scheduling an Executive Session following the close of this Regular Meeting to discuss pending litigation, personnel and real estate matters, all in favor.

RESOLUTION REGARDING

UNPAID WATER AND SEWER CHARGES

WHEREAS, the Village Clerk has presented to the Board of Trustees a certificate setting forth the amounts of all unpaid water charges, including penalties, with a description of the real property affected thereby, and

WHEREAS, the Village. Clerk has presented to the Board of Trustees a statement setting forth the amount of each lieu for sewer charges in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed, and

WHEREAS, pursuant to section 11-1118 of the Village Law such water charges are a lien upon the premises affected thereby, and

WHEREAS, pursuant to section 452 of the General Municipal Law such sewer charges are a lien upon the premises affected thereby,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE/TOWN OF MOUNT KISCO, as follows:

1. That, pursuant to section 11-1118 of the Village-Law, the unpaid water charges, as set forth in the attached certificate from the Village Clerk be, and the same hereby are, levied upon the properly in default, and added to the annual tax levy with respect to such property.

2. That, pursuant to section 452 of the General Municipal Law, the unpaid sewer charges, as set forth in the attached statement by the Village Clerk, be, and the same hereby are, levied upon the property in default, and added to the annual tax levy with respect to such property.

3. The amounts levied hereby shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of village taxes.

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 $252,574.40

General Fund Claims 231,076.07

Water Fund Claims 16,028.52

Sewer Fund Claims 4,386.35

Library Fund Claims 1,083.46

Senior Nutrition Program 9,355.47

Water and Sewer Fund 144,022.73

Library Fund 5,068.78

Capital Projects Fund 22,713.49

Trust and Agency Fund 15,583.87

TOTAL $ 449,318.74

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara 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:

Regular Meeting May 5, 2008 (with noted clarification regarding the Chazen Companies Agreement).

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

10) Non-Local Business - None

11) Public Comment -

Mr. Tony Giardina stated that at the last meeting he spoke about the faded signage on Kiscona Avenue that would make enforcement virtually impossible. Mr. Palmer immediately had all the signs replaced with new signs and not one ticket has been issued since those new signs have been put up.

Mayor Cindrich directed the Village Manager to have the Code Enforcement Officer look into this matter.

Ms. Susan Logan (71 Foxwood Circle) spoke passionately about the inordinate amount of subsidized housing in the Village of Mount Kisco.

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. 9:30 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Regular Meeting May 19, 2008 5.

Created by pmaiorano. Last modified 2008-06-03 10:08:32.