Village Board Meeting Minutes - June 30, 2008

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, June 30, 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: Whitney Singleton, Village Attorney

Absent: James Palmer, Village Manager/Clerk

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 keep in our prayers as we celebrate the 4^th of July, the 20 American Fighting Men that lost their lives in Iraq and Afghanistan during this past week and all of the 4,000 men and women that have passed away during this conflict. We are very fortunate to be celebrating Independence Day and we have a lot to be thankful for.

Proposed Local Law

Proposed Text Change in the Zoning Regulations

of the Village/Town of Mount Kisco

Mayor Cindrich noted that the Board was in receipt of the proper affidavits of service and the proper affidavits of public notice regard this hearing.

Mayor Cindrich stated that this Proposed Action is considered an unlisted action under the State Environmental Quality Review Act. (SEQRA). The Proposed Action is intended to protect community character and provide additional protection of natural resources within the Village. In assessing the proposed action for potential environmental impacts, the Village Board of the Village Town of Mount Kisco, acting as Lead Agency Under the State Environmental Quality Review Act has determined that the Proposed Action will not have any significant adverse environmental impacts.

(i) Not result in "a substantial adverse change in existing air quality, ground or surface

water quality or quantity, traffic or noise levels; a substantial increase in solid waste

production; a substantial increase in potential for erosion, flooding, leaching or drainage

problems;" (�617.7(c)(1)(i)).

(ii) Not result in "the removal or destruction of large quantities of vegetation or fauna;

substantial interference with the movement of any resident or migratory fish or wildlife

species; impacts on a significant habitat area; substantial adverse impacts on a

threatened or endangered species of animal or plant, or the habitat of such a species; or

other significant adverse impacts to natural resources;" (�617.7(c)(1)(ii)).

(iii) Not result in "the impairment of the environmental characteristics of a Critical

Environmental Area as designated pursuant to subdivision 6l7.14(g) of this Part;"

(�617.7(c)(1)(ii)).

(iv) Not result in "the creation of a material conflict with a community's current plans or

goals as officially approved or adopted;" (�6l7.7(c)(1)(iv)).

(v) Not result in "the impairment of the character or quality of important historical,

archaeological, architectural, or aesthetic resources or of existing community or

neighborhood character;" (�617.7(c)(1)(v)).

(vi) Not result in "a major change in the use of either the quantity or type of energy;"

(�617.7(c)(1)(v)).

(vii) Not result in "the creation of a hazard to human health;" (�6l7.7(c)(1)(vii)).

(viii) Not result in "a substantial change in the use, or intensity of use, of land including

agricultural, open space or recreational resources, or in its capacity to support existing

uses;" (�617.7(c)(1)(viii)).

(ix) Not result in "the encouraging or attracting of a large number of people to a place or

places for more than a few days, compared to the number of people who would come to

such place absent the action;" (�6l7.7(c)(1)(ix)).

(x) Not result in "the creation of a material demand for other actions that would result in one of the above consequences;" (�6l7.7(c)(1)(x)).

(xi) Not result in "changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a

substantial adverse impact on the environment; or" (�617.7(c)(1)(xi)).

(xii) Not result in "two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when

considered cumulatively would meet one or more of the criteria in this subdivision."

(�6l7.7(c)(1)(xii))

The following motion was offered by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. accepting the report and to make it part of the record, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

Village Attorney Singleton introduced the proposed local law. The legislature proposes to decrease the permitted building and development coverage and it proposes to increase the required side yard setbacks. In addition to those heightened requirements for the single family zones there is a modification to the definition of the term development coverage. Development Coverage will be modified to include patios, decks, and gazebos rather than not count those towards the definition. Also in the package this evening you will see that the necessary notification and referral forms have been set out in accordance with the General Municipal Law and Westchester County Code. I have also enclosed in your packet this evening a report from the Planning Board. The Planning Board had discussed this proposed legislature and they concur with the proposed legislation and finds that it will help preserve the character of the single family neighborhood within the Village of Mount Kisco. They also felt that by increasing minimum yard requirements and decreasing building and development coverage were positive steps from their perspective and that they would like to see more of these types of changes to the Village Zoning Code.

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

Mayor Cindrich expressed a concern with the addition to the side yard setbacks requirements. For example a 50 foot wide lot may only permit houses that are 30 feet wide and look like a railroad car versus a residential structure. I would like the Board to consider the 15 feet combination or limiting the side yards to no less then seven and a half feet with a 15 foot total.

Deputy Mayor DiChiara replied that he thought that was a good point. However, one thing he would like to find out is how many lots fall into that sub category and what the size of those lots are. In the current law we have provisions for a rear set-back that it's 30 feet for lots with a depth of 125 feet or greater and no less than 20 feet for lots with depths of less than 125 feet and there is a sliding scale based on the depth what the width should be. Perhaps we can come up with a similar definition for 20 feet (10 on each side) for lots greater than 50 feet down to 15 feet for lots under 50 depending on the size.

Mayor Cindrich suggested coming up with a plan that would maximize the development coverage within a 20 foot setback and then allow for a 7 � foot setback, provided that they meet the maximum development coverage. I want to try to avoid seeing the railroad cars housing type in the area.

Mayor Cindrich stated that one of the issues he sees around the Village of Mount Kisco is that we are building rather large structures on small lots. The large structures have a significant number of bedrooms and there is no correlation other than the designation of a one family house which requires two parking spaces and a two family house that requires four parking spaces. I think we might want to consider a formula at some point in time with a correlation to the number of bedrooms or the size of the structure that it is in proportion to the number of parking spaces that we or the Planning Board may consider necessary. Because as you know we have had cries from residents to limit on street parking in order to help facilitate street cleaning. We are also at the point with the abuse of commercial vehicles.

Village Attorney Singleton replied that there is no proposal presently to change the parking regulations so we can certainly change those as well. I understand that you want to some how tie the number of required parking spaces to the number of bedrooms within a particular home.

Mayor Cindrich replied that he was just suggesting the bedrooms. He wasn't sure what the linkage should be. The point is that he sees throughout the Village more intense use and all of the parking is being discharged onto the street or as in a number of locations the parking spaces ending up on the front law or in the front of a house as opposed to being in compliance with the code. This is something that we are going to have to go after.

Trustee Markus stated that by Deputy Mayor DiChiara pointing out these changes you've now brought out some other changes and now the question is do we need to look at this more comprehensively or do we need to just hold off.

Mayor Cindrich stated that the side yard setbacks were the only issue he had. I think the maximum development coverage and the maximum building coverage being reduced is worthy because we are just out of space and we are out of infrastructure and we are out of resources and the properties can't support structures that are as large as what has been built in the past. The side yard setback is the only issue and maybe it's an aesthetic issue. There are seven zones that have the minimum lot width of fifty feet so this is something that we have to be concerned with and I would go with that sliding scale.

Mayor Cindrich requested that this proposed local law be referred to the Architectural Review Board regarding the width of a house and the perception.

Trustee Markus stated that he commended the recommendations of this legislature because it was our job to put through the legislation and hopefully the future will be enhanced by it.

Trustee Griffin, Jr. stated that regretfully in our community people are greedy with their property and rental incomes and put additions on two family houses. We have an overcrowding problem in this town. We have a lot of illegal apartments and this is just an attempt to try to control it and we need to back up our laws with better enforcement. I think this Board is of the mind that we are going to increase our staff for enforcement and insist upon better enforcement from existing staff.

Assistant Village Manager Jeff Econom requested that pools be considered as part of the development coverage.

Village Attorney Singleton stated that he would clarify the issue of the pools.

Mayor Cindrich stated that he would draft some parking changes that he thought would be appropriate and he would forward them to the Village Board and the Village Attorney.

There being no further business to come before the Board a motion to adjourn the public hearing until July 14, 2008 at 7:30 pm was made by Trustee Griffin, Jr. and seconded by Trustee Markus, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

1) Communications:

A. Letter from The Mount Kisco Chamber of Commerce re: Sales Days.

Mayor Cindrich read the letter from the Chamber of Commerce dated June 19, 2008 requesting permission to hold sales days on Friday, September 5^th and Saturday, September 6^th.

The following motion was offered by Trustee Markus and seconded by Trustee Grunthal approving the request made by the Chamber of Commerce to hold sales days on Friday, September 5^th and Saturday, September 6^th, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

The Village Board of Trustees agreed to continue the dialog with the Chamber of Commerce Representatives on exploring the idea of holding a 5K Race, in conjunction with Sales Days event.

2) Petitions: None.

3) Board, Committee and Commission Reports: None.

4) Village Manager's Reports - None.

5) Board Reports:

Trustee Grunthal reported that several years ago it was mandatory for local governments to give financial reports as employers on the financial obligations, the financial liabilities for post employment benefits other than pensions which are primarily post employment health benefits. After several years of waiting they finally got to the point that this is becoming effective as part of our financial reporting and secondly we actually have the first report that indicates what those liabilities are. This is something that I plan to take to the Finance Committee because I think we want to look at the assumptions on which this is based. It's obviously based on certain trends in medical costs, it's based on certain rates of inflation, on certain rates of return on certain assets of the Village, which is basically the Village's infrastructure because there is not a portfolio supporting these benefits. Essentially, the unfunded liability that actuaries have come up with is a sum of slightly over $22,000 million dollars with an annual cost of approximately $2,000 million a year. So these are numbers which we have no additional liability other than to pay them on a cash basis, but we will see as time goes on how the credit rating agencies look at these and what they do to us in terms of our credit rating basis on the additional liability that we have. We'll take this to the Finance Committee perhaps discuss it with the author's of this report and come back to the Village Board with some comments.

Deputy Mayor DiChiara reported that the Village Board has meet with groups from the community who have been complaining about housing violations. We hear the public's complaints on this. We see the things you see and we need to increase the staffing in Code Enforcement. We need to make sure that our laws are being followed and that overcrowding and illegal apartments are eliminated as much as we possibly can. What we also need to do is increase the fine for violations of our laws. Deputy Mayor DiChiara asked the Village Attorney what was involved in revising the Code to increase the fines for overcrowding and for violating our zoning laws.

Village Attorney replied that it would be changing several section of the Village's Code (Section 110 and also the Section pertaining to the Fines). However, the Village Board would have to make some elections under State Law to ensure that you are not exceeding the maximum fines as allowed by the State.

Mayor Cindrich stated that he had a conversation with a reporter from the Westchester Business Journal and with the help of Staff he complied a list with the number of businesses that are opening or would like to do business in the Village of Mount Kisco. I have to tell you that I was overwhelmed. This is an attractive place to both live and to do business. I did meet with one landlord and his vacancy rate was minimal compared to the rest of the County. He has a tenant waiting and we are discussing if it's a viable issue for the Village for the use he is proposing. We recently had a meeting with the Planning Board and I just want to commend the work that the Planning Board is doing because there are monumental challenges that we are facing. We tried to balance the need to maintain a high degree of open space for future generations and also to provide some return on an investment that the Village made and I think we are on the right track. But also a monumental task that is before the Planning Board is the Emergency Department of the Northern Westchester Hospital. Our Planning Board is doing a great job. But it is over whelming. They have to balance the needs of the hospital against what effects those needs may have on the residential districts that surround the hospital. I thank them for all of their hard work. The meeting we recently had with them brought a lot of issues to light and I think we should meet more often to make sure we are all on the same page as we move the Village forward to serve future generations.

6) Old Business - None.

7) New Business

A. Old Iron Warehouse Project - Cary Place.

Mr. Neil Alexander, Attorney with Cuddy & Feder stated that this project has had a public hearing with the Planning Board on a wet land and a site plan approval and in the course of consultation over the years with various agencies some suggestions remain with regard to how stormwater would be handled. Part of that infrastructure would be to put into the right-of-way and also entail some common improvements to Cary Place. What we are looking for from the Village Board once you understand the project that it is ok for us to coordinate some future easement agreement to allow us to put this infrastructure into the right-of-way. That will allow us to go back to the Planning Board and comply fully with SEQRA and all the processes that the Village has in place. This is more about the Village Board stewardship as owners of road beds and public property. Mr. Alexander introduced Mr. Alan Pietch, Landscape Architect from Evans and Associates.

Mr. Pietch stated that Mr. Alexander summarized the overall issues of what we have gone through with the Planning Board. What we are requesting from the Village is permission to do certain improvements to Cary Place as part of an overall Stormwater Management approach to the development of this lot. This lot is .835 acres and what is being proposed is a warehouse building of approximately 7,996 sq. ft.; 8 spaces for parking. Because of the location of the project it's subject to a Stormwater Pollution Prevention Plan which is also reviewed by the New York City DEP. In order to meet their regulations what is being proposed is a stormwater management basin in the southern portion of the property. New curbing on both sides of the street is being proposed, along with new pavement, two new catch basins, at the southern end of Cary Place. We are also proposing to install a Vortechs device that will provide water quality treatment for the runoff from both Cary Place and the Old Iron Warehouse project. The treated discharge will then go into the Kisco River. The Planning Board is seeking the Village Board's consent that it is acceptable to construct these facilities within the right of way of Cary Place and have the treated runoff from the Old Iron Warehouse project be discharged through storm drainage system that we would construct within Cary Place that would eventually discharge into the Kisco River.

Trustee Grunthal asked Assistant Village Manager Jeff Econom if the location of this might at any time in the future interfere with any Village infrastructure underneath.

Assistant Village Manager Econom replied no because the road would not be extended. Cary Place currently does drain in that direction. I have used these structures in the past. As far as maintenance for my staff it's similar to cleaning out a catch basins. It might take five minutes more because it's a larger structure, but the maintenance is fairly easy.

Trustee Griffin, Jr. asked what the capacity was of the tanks.

Assistant Village Manager Econom replied that the size of the Vortech devices vary. I would leave that to the design consultants. The devises are an easy solution to deal with the sediment and if we can remove the sediment it reduce a lot the flooding and backwater conditions in the area.

Trustee Markus asked how long do these devices last.

Assistant Village Manager Econom replied 40 to 60 years. It's a concrete structure similar to a septic tank and consists of a “swirl” chamber to collect the grit/sediment and a secondary chamber to collect floatables. The tank is cleaned out similar to a catch basin. The device will provide water quality treatment for the runoff from both Cary Place and the Old Iron Warehouse project.

Whitney Singleton stated that Old Iron Warehouse Project is currently before the Planning Board. The Planning Board is without authority to authorize site plan improvements on public property that is up to the Village Board. With that injunction the Planning Board has not approved this. They took the position that the applicant take the necessary consent and authorization of the Village Board.

Mayor Cindrich stated that he would like to refer the concept to the Conservation Advisory Council. Mayor Cindrich also requested that it be demonstrated to him in writing that besides benefiting New York City, what benefit will the Village taxpayers derive from this installation. He also asked that the Village Attorney get the Village Board some inspiring words from the Planning Board on this issue.

Trustee Griffin, Jr. stated that the road on Cary Place has been that way for years and the road hasn't been developed. Old Iron Warehouse came before the Planning Board once before with a proposal for a multi-family housing project which the Planning Board thought it was inappropriate for that location. I think that improving Cary Place would be a plus for the Village. My concern about the warehouse facility would be the truck restrictions at the end of Kiscona. But it's an area the needs help and this I think would solve the run-off and erosion problem and improve the street.

Village Attorney Whitney Singleton requested that he be provided with what the DEC is going to require in order for this installation to be made.

8) Bills -

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

Invoices Paid Prior to Board Audit $7,111.98

General Fund 5,946.57

Water Fund 1,165.41

General Fund $157,930.24

General Fund Claims 157,071.50

Water Fund Claims 684.80

Library Fund Claims 173.94

Senior Nutrition Program 1,107.89

Water and Sewer Fund 35,443.16

Library Fund 5,031.05

Capital Projects Fund 293,033.54

Trust and Agency Fund 23,730.75

TOTAL $ 523,388.61

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

9) Approval of Minutes - None.

10) Non-Local Business - None

11) Public Comment -

Joe Cerbone stated you wrote a letter Mr. Mayor on 10/5/00 saying that the Mount Kisco taxpayers have been subjected to numerous problems, $1,000.00 stolen from the Police Department, Judge phones being tapped. After I read that article I FOIL'ed to the Village on October 20, 2000 to see that law suit against the Village of the then Police Chief. As Mr. Singleton will tell you it only took me until 6/21/06 to get that FOIL request. It took 5 years and 9 months. I requested from Mayor Reilly the FOIL from Romeo and McGinnis Reports. She wrote me a note and it says Joey, your request is denied. I wrote a letter to Bob Freedman and he said that anything in litigation can not be denied because it is open to the pubic. So what I did I gave a copy of the Romeo report to the Village Manager who then gave it to Mr. Singleton and on 6/21/06 I received a number of papers including the Romeo report. In the Romeo report on page 17 and 18 he said I was complaining that my conversations were being recorded. This goes back to what you said about the phones being tapped. He also included a memo from Mr. Pierpont saying that he had no knowledge of me having my conversations recorded dated October 24, 1999. Well there is a problem I have in my possession memos dated May 17, 1991, May 20, 1991 and August 13, 1991 and I got a response from Maryalice Barnette saying that they were true copies. We have a problem I think in this Village. People can't remember what is going on. I'm sure their not all lying. The other problem is you're supposed to get a FOIL request within 30 now 20 days. I had to wait 5 years and 6 months and then I have to give it to you to say that it is there. There is something wrong with the system. What I need from someone is that these memos are true copies.

Mayor Cindrich stated why don't you give that to the Village Attorney.

Whitney Singleton replied that the documents that Mr. Cerbone is talking about are nearly 18 years old. I believe the Village's record retention system is document demolition after six years as required by the State. So you are talking about things that are more than a decade old. So you submitted a FOIL request of the Village, the records that we didn't have and I search the attic, old attorney boxes. I couldn't find any of those. I had to make a special appointment to go down to White Plains to find the law firm that represented the Village in that litigation and I provided you with each and everyone of those documents that you requested in that FOIL request.

Mr. Cerbone stated but why did I have to wait 5 years for a FOIL request.

Mr. Singleton replied that he couldn't answer that that was before any of us were sitting on this Board.

Mr. Cerbone stated then let me know if they are actual copies.

Mr. Singleton replied you are asking me to ascertain whether or not these are true copies. First of all they are photo copies. I don't have originals against to which I could compare them to.

Mr. Cerbone stated some of the people are still working you could ask them.

Trustee Markus stated that it seems what the Village Attorney is saying is that a lot of the documents that you requested were not easily accessible and he took it upon himself to get it and there are some issues whether or not we had them to begin with.

Mayor Cindrich stated that we'll get a letter from the Village Attorney with some kind of reflection on what was presented this evening.

Mr. Cerbone stated that Spring Street and Lexington Avenue get very large puddles. Car comes around and water is going over walker's heads, it could be a problem.

Mayor Cindrich stated that he has brought this problem to Village Staff and he is waiting for a response.

Mr. Cerbone stated that on Smith Avenue the yellow line that exists onto Lexington Avenue should be moved over so that if you are turning left I can turn right to go down Lexington Avenue. It's in the center there is not enough room to turn.

Mr. Cerbone stated that you need sidewalks on Smith Avenue from half way though to Lexington Avenue, especially for the High Holy Days because you have parking on both sides of the street and children are walking in the street and cars are going both ways. There is going to be an accident.

Mr. Cerbone stated that he has spoke to the Village Manager about parking on only one side of Smith Avenue. When he comes out of his driveway on Smith Avenue and if there is an SUV parked there I can see nothing and someone is going to get hurt.

Request for an Executive Session to discuss pending litigation and personnel matters.

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

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

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. 8:45 pm.

__________________________

James M. Palmer

Village Manager and Clerk

Public Hearing and Regular Meeting

June 30, 2008 1.

Created by pmaiorano. Last modified 2008-07-15 11:22:22.