Village Board Meeting Minutes - August 11, 2008

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, August 11, 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 Peter Grunthal

Trustee Griffin, Jr.

Trustee Anthony Markus

Also Present: James Palmer, Village Manager/Clerk

Whitney Singleton, Village Attorney

Informal Interviews for Vacancy on the Board of Assessment Review

Prior to the start of the Regular Village Board Meeting the Board held an informal interview with Alexander Poletsky regarding his interest in serving as a member of the Board of Assessment Review.

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 asked that we keep in our thoughts and prayers what is going on in the world particularly in Georgia, Russia where acts of aggression are going to upset the well being of us all if it continues.

Proposed Local Law

SIGNS - Chapter 89

Code of the Village/Town of Mount Kisco

Continued

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. One thing I did learn through a recent meeting with merchants and the Chamber of Commerce was that despite our best efforts people are unaware of what is going on in the Village of Mount Kisco so with the assistance of Janet Dean from the Chamber and others we are going to try and get the word out in a more efficient way so that people are aware, especially the merchants. He added that one thing he is looking for at the end of this meeting is that we try to find a method to make sure that people starting up in business can move the process along.

Trustee Markus thanked everybody for all their interest and efforts. He thanked Mr. Montelone and Mr. Alexander for their recommendations. On the issue on trying to get the word out regarding the merchants he did make an announcement at the last Chamber meeting specifically denoting one particular change in terms of box size directly to the individual that attended the meeting. Because one of the things we don't want to happen is that we proceed with a law where people are uniformed. We don't want merchants to get notices about violations and not of had the opportunity to know the process that is going on and voice their opinion. It would also help if residents gave us their views on this proposed local law either in a written form or by attending. I know merchants are directly effected by this and so are residents and it would be helpful if residents would come forth if they have a view about signage or awnings and let us know their views on this. It would help us to make a balanced and informed discussion. He noted that Patti Tipa the Building and Code Administrator, Austin Cassidy the Building Inspector, Whitney Singleton the Village Attorney and he have met on several occasions and a lot of work has gone into this process even after our last public hearing. He thanked them for all their efforts to move this forward. He summarized the changes that were made in this draft. We spoke about the standard for the ARB to review. We changed this law to read that applications referred to the ARB will be reviewed with respect to the requirements and intent of the sign law. we also added language to balance the rights of individuals to identify their businesses and covey their messages and the right of the public to be protected against the unrestricted proliferation of signs to maintain and enhance the aesthetic environment and facilitate the creation of an attractive, harmonious community; promote economic development, the nature of an applicant's business and location. So we gave some criteria which was requested by Mr. Montelone for the ARB to be guided by. I feel very confident that is particular version gives sufficient guidance for the ARB to make it's determination in compliance with the intent and letter of this particular law. We also addressed the issue of an appeal. Rather than an appeal to the ZBA being automatically referred to the ABR for its report and recommendation we changed it to in the event of an appeal an applicant may request that a complete copy of the appeals package go to the ARB for its report and recommendation. A reasonable accommodation shall be made to facilitate the input from the ARB. The applicant may request on it's own that their be input from the ARB or not request it. We also clarified the standard of review to read “In acting on any appeal, the Board of Appeals shall posses the same discretionary authority that it possesses for zoning appeals, and shall, after proceeding in the same manner provided for zoning appeals and with the same power and authority, reverse, affirm or modify and affirm the actions of the ABR or Building Inspector. On appeal for such decision or determination from the ARB or Building Inspector, the Board of Appeals shall have the discretionary power to grant variances in accordance with Village Law Section 7-712b, so that substantial justice may be done and the public interest secured”. We also added the provision that there can be consultation with other Boards in the appeals process which is a very customary manner in handling these things. So the Board of Appeals may in its discretion, solicit the advice and consultation of the ARB, Planning Board or any other involved or interested board, official or employee in considering and acting upon any appeal hereunder. We took into consideration a lot of the issues brought up. We think there are a couple of points that I'm sure we can add upon as individuals get up and bring up issues that they think are important. We are working hard to strike the balance between aesthetics and business interests.

Mr. Monteleone noted under Section 89.6 Temporary Signs By Permit. Page 13 Permit Procedures. He suggested putting a time frame in there that the Building Department must act on these Temporary Permit Applications within ten or fifteen days. The whole idea is that a new business wants to get a sign up as quickly as possible. In the same concept when an application is filed with the ARB there should be a time frame as well. The ARB must act on it within 90 days of the time submitted unless the applicant agrees to extend it.

Over all I understand what the Village is trying to do but basically this new ordinance is not business friendly. It places a lot of burdens especially on the small business owner. Basically all of them are going to have to put up a new sign.

Section 89-9 Comprehensive Sign Program. I understand the concept but when you say that a sign program is required where two or more businesses share a common zoning lot or parcel such as a common shopping center. A new tenant comes in and wants a sign he has the obligation to put in a comprehensive sign application, but it really isn't his right it's the property owner or landlord.

Trustee Markus replied that the Village is going to make a concerted effort to talk to the major landlords in town to make them aware of this so they are aware of what their obligation is and secondly the landlords are obligated to follow the law, just like a tenant is. In order to actually make the sign law that hasn't been changed in over 40 years implement itself to a place where the signage could be addressed in terms of a comprehensive fashion there has to be a way to implement that and the comprehensive sign program is the manner by which that happens. So that there is some continuity in building owners and buildings to have that process happen. In the first 3 to 4 years it will take some time to get up and running, but once it's up and going there won't be that issue any further. We have discussed this at length and we will never achieve the objective that we want to achieve and that is to create some degree of aesthetic quality in terms of not identical signage but signage that works together and that is why that provision is in there.

Mr. Montelone suggested that where you have a two or three unit complex maybe you should think about before a seconded sign will be improved the comprehensive sign plan should be in place because that first guy is going to go to the landlord and say you have to submit a comprehensive sign plan and the landlord is going to spend the money.

Trustee Markus replied that it doesn't make sense because if the first tenant goes in and does the sign when they create the sign and that pretty much sets the standard and now everybody else has to follow along with that particular format in terms of how they do continuity. The whole concept is to look at the building as a whole. I would hope that the landlords would be interested in the appearance of their buildings as a whole and that they would have some input and I would hope that the responsible landlords in this Village would come forward and not ignore their obligations.

Mr. Monteleone suggested that the wording be changed to while the application for the first sign in a multi-facility is pending the Village shall advise the landlord that a comprehensive sign plan must be filed within X days and if not he's in violation. Don't put the burden on the poor applicant to go chasing the landlord.

Mr. Monteleone referred to page 20; 89-11.1 (Needs more discussion). There are certain situations where more than one sign is practical, reasonable and aesthetically pleasing. I think there should be a provision made for that. I appreciate allowing a second sign on a side wall where location permits effective ID of a business whether there is a second entrance or not. With regards to “no signs are permitted on any portion of a building that is not occupied by that business” again I think there are situations where that sign makes sense. I think you should be able to provide for that and there can be a sign even though the business is not occupying that portion.

Mr. Monteleone referred to page 24; 89-11.5 regarding a box sign. I don't know how you are going to enforce that other than against the landlord.

Trustee Markus replied that it is an unusual situation because if it's not a box sign then usually the old tenant has their sign up and they just leave. When you have the box sign and the business takes their cover and all you have exposed is florescent bulbs. The landlord should put in its lease that you are going to have to replace it if it's the tenants or the landlord should have to take responsibility for it. Because aesthetically when you drive by and you see those open florescent bulbs it's not very becoming to the Village.

Mr. Montelone referred to page 29; 89-14. I appreciate the language that you added in there my initial comments that you can't legislate aesthetics still applies to a degree you are putting some criteria on the ARB, but we are going to have to see how the ARB interrupts them and how it goes. The items that you crossed out on page 30 in section 2 are ok. In section 3 Referral of Appeals, you put in the ordinance that the applicant may request that a copy of the appeal package be referred to the ZBA that's a requirement the ZBA has to act on the record of the ARB. The ARB has to refer the applicant's application, any documents that the applicant or the Village of Mount Kisco submitted to the ARB and the ARB's decision all that has to go to the ZBA.

Mr. Singleton relied what this paragraph says is that a copy of the appeals package. Another words if you are submitting an appeal to ZBA and you are making principal points under Section 7-712b, as to why you should be entitled to a variance that a copy of the application maybe be referred to the ARB. The thought process being that there may be situations where applications for sign packages although they were not compliant with the sign law maybe something that the ARB actually likes and would like to recommend that relief be granted by the ZBA. This was to facilitate a means of doing that, however you had an objection as to the demands for it, so we made it discretionary for the applicant.

Mr. Montelone replied that the point is well taken maybe the language should be that in the event that the ARB does not object to or is in favor of the application, but it doesn't conform to the law the ARB may or the applicant may, make it more restrictive.

Trustee Markus replied that one of the things that we did do is stream line the law. We made it more comprehensive and more business friendly in so far as it is very clear. In meeting with the ARB it was clear to me that they were happy because they have very clear guide lines and they are very confident and they anticipate following those guidelines. It is also expedited by the fact that the Building Inspector looks at the application for completeness and if it's incomplete or it doesn't meet the sign law requirements or it couldn't meet the sign law requirements the Building Inspector has to deny it as part of this expedited process.

Mr. Singleton replied that this was a mechanism which would allow and facilitate better communication between board members.

Mr. Montelone referred to page 33; 89-15.2. You negate the whole thing when you say in consultation with other Boards. The ARB may in its discretion solicit advice and consultation from the ARB, Planning Board and any other. That's not the ZBA's function. It's a quasi board it can only act on a record.

Mr. Singleton replied that it was no different than the conditions that exist between any other municipal boards or commissions in any community. There are frequently requests for input from this Board, from the Planning Board, from the Planning Board to the ZBA, from the ARB, there are frequently joint meetings. There is nothing unusual or improper or dilatory having this kind of provision in there. It is simply permitted and it happens all the time. It is not mandated in this local law it is solely within the discretion of that board.

Mr. Montelone replied if it's mandated then the Board isn't acting in it's discretion, it's acting because there is a mandate that it has to seek other advise. I don't like that provision at all. I really question it's legality but if you are going to put it in at all take out in its discretion and say with the consent to the applicant so the applicant doesn't get blind sighted.

Mr. Singleton replied that the intent here is to make sure that the Board of Appeals has all the appropriate information that they deem is necessary prior to acting on the merits of an application.

Trustee Markus stated that Mr. Montelone's point has been taken and we need to crystallize it.

Mr. Richard Alexander submitted to the Mayor and Board of Trustees a letter dated August 11, 2008 regarding his suggested changes to the proposed sign law.

Mr. Alexander stated that he missed that last meeting and he looked at the revised law and he noticed a few thing which he made note of.

89-4 (L) Signs Exempt. You still have no sign limit for political signs.

89-4 (O). Temporary Construction Signs. I just recommend that you change that and make it a little bigger to 32 Sq. Ft. and get rid of the (1) and make it 2 or 3.

Trustee Markus stated that his understanding was that there was a review done and these meet aesthetic quality and other town's requirements.

Ms. Patti Tipa stated that the Sign Review Committee didn't make a lot of dimensional determinations since the last meeting. They were waiting to see if more comments were made. However, the first question you were talking about “Exempt Signage” provision for the construction of a sign larger than 16 sq. ft. you need a permit. So there is a provision to have a larger sign it is not an as of right guarantee.

Village Attorney Whitney Singleton stated that we did check with other communities and we did find that 16 sq. ft. was substantially larger than most communities have.

Mr. Alexander referred to section 89-4 (Q). Again he suggested that it go up to 2 to 3 signs and go up to 32 sq. ft.

Mr. Alexander referred to section 89-6 B. Temporary Signs by Permit. I am recommending a quantity change to 2/3 and to 32 sq. ft. These are the permit signs and it is 8 square feet. I am talking about for a large parcel of land.

Trustee Markus said you could apply for a permanent sign which would be bigger if you wanted to.

Mr. Alexander referred to 89-6 C. He requested that it be changed to 2/3 signs and sq. ft. to 32 sq. ft.

Building Inspector Cassidy replied that all of our comments as well as others were held in abeyance until there were no more quantitative or dimensional comments submitted and then we had a large round table with both the Sign Committee and the ARB as to increasing the quantity of any of the signs that you had suggested that there be a quantitative increase as well as increasing dimensional sign as a matter code there was absolutely no support. There were many eyes and minds that did review those points item by item and the suggestion went without support. The goal is to write a law for its common applications, the exception can always pursue a variance.

Mr. Alexander suggested relating the size of the sign to the size of the parcel of land or the size of the project.

Mr. Alexander referred to 89-7 (B) General Design Criteria. He asked why there was a limit on the number of colors and why do the colors have to be the same.

Trustee Markus replied that we felt (5) five was appropriate. It gives you a lot of options. If you want more colors than you can apply for a variance. With regards to the letter coloring being all the same, if you want something different, again you can apply for a variance.

Trustee Griffin, Jr. stated that there is an outlet for an appeal on almost every paragraph. There is an outlet for things that do not conform to the law.

Mr. Alexander referred to 89-9 Comprehensive Sign Program. He requested that the fourth sentence “lettering or graphic style” be removed and also color with regards to a directory sign he felt the direction this local law is taking I think it's going to be a very boring town. You are going to drive through and every type style is going to blend in and nothing is going to stand out.

Trustee Markus stated that three weeks ago he was hearing that there was too much discretion with the ARB and when we tried to draft legislation with some degree of guidelines then there is too much structure. So if we broaden them out then the ramifications would be that the ARB would decide what makes more sense. It's not an easy balance to strike.

Trustee Markus stated with regards to the Comprehensive Signage Program …..”the program area shall conform”…..should be changed to “set forth”. The intent is we want to see what the specifications are, but they don't have to conform to one uniform.

Mr. Alexander referred to section 89-11.1 A - General Provision. He requested that more than one sign be permitted. Lettering for all occupants same style and color be deleted.

Trustee Markus replied that if you look around the Village now at all the directory signs that are in existence, it doesn't look very pleasing in his opinion. I think there are a lot of areas in the Village where it can be improved upon. If a national business wants to put their logo in the directory sign then they would have to go for a variance.

Deputy Mayor DiChiara stated that he felt the directory sign should be all one color and size, but the style of the type face could be different.

Trustee Grunthal asked if this was supposed to be a directory to help people find their way in the building or is it supposed to be advertising. If we are talking about a directory there is a lot to be said for consistency. Advertising is a whole different ball game.

Trustee Griffin, Jr. stated that the idea of a directory sign is to notice you as to what is in that particular area. Then your eyes are taken to the individual signs.

Mayor Cindrich stated that Mr. Alexander was making a lot of valid points here tonight and there is some discretion built into this law.

Deputy Mayor DiChiara stated that he thought it would be help full to see the Dunkin Do nuts logo on a sign even though it was in brown and white, it's still going to make me find it a lot easier.

Mr. Alexander noted a spelling error in 89-11.3 “hard” should be “hand”.

Mr. Alexander spoke about light boxes and light pollution. He added if it was the Sign Committee's intent to eliminate all light boxes on Main Street then they were looking at a safety hazard. Because if people have to come down Main Street and have a second and a half to identify a store front or business how are they going to do that in the evening if they are driving over 20 miles an hour.

Mayor Cindrich stated that there was going to have to be some nexus between the two (sign ordinance and the lighting ordinance) as it applies to internal or external lighting. Mayor Cindrich reiterated that the Board was gathering facts. That was the purpose of a public hearing.

Ms. Tipa stated even though electrical light boxes are being eliminated individual internally lit channel lighters are permitted. It's not going away completely there are still some options.

Mr. Alexander referenced section 89.11.8 (A). Residential District. He requested that it be changed to two signs with a maximum total area of ten (10) square feet in area at each street entrance instead of (1) one.

Mr. Alexander referenced section 89-14 (A). He felt that it was a little extreme to have to get an architect or engineer's seal of approval for a free standing sign (4x4 post standing 6 feet off of the ground). These types of signs are typically found on Smith Avenue.

Mayor Cindrich noted that there was a structure component and there is a liability, whether it's a canopy or free standing sign. I don't know how you would build discretion into this. When there is a structural component we are looking for some protection for the community in the certification that the design is sufficient by an architect or engineer. I don't think it is unreasonable, but again it's going to be a case by case situation.

The Village Board of Trustees thanked Mr. Alexander for his comments and asked if he had any additional comments to please mail them in.

Mr. James Gmelin (resident) stated that he was aware that businesses have advertise, but the last speaker used the word bland and if I had to opt between bland and Las Vegas, I'll opt in favor of bland. This is the third time I have come to these public hearing meetings to listen to the work you gentlemen have done and I just want to thank you for all your efforts on behalf of the Village of Mount Kisco. As a citizen the work you have done (Trustee Markus, Village Attorney Singleton, and Building Inspector Cassidy) you all don't get the recognition that you deserve.

Mr. Edward Reilly (resident and business owner) commended the Village Board of Trustees for undertaking this project, it's been a long time in coming. But obviously as you discussed there are pros and cons to everything. From the prospective of the small business owner this could be devastating as far as their yearly income. At this particular time we are in a recession. I would strongly urge that you grandfather in some of the small businesses. If there is anything that you can do in allowing time to be on their side, at least 5 years so that small business can transform their signs that are going to be illegal to be conforming.

Mayor Cindrich replied that there is relief for a hardship variance. There is also the provision for a continuation of non-conforming signs and there is an amortization period.

Trustee Markus stated that he was writing these points down and we are trying to see where the law could be modified or changed to make it less onerous.

Mr. Eric Sussman (business owner) stated that taking out the provision regarding neon type signs severely hurt him. I would just hope that you reconsider that particular provision in your deliberations. Now you are asking me to take down my illuminated interior sign that says “open” which really makes a difference to my business because it draws a lot of people in.

Trustee Griffin, Jr. stated that there is a strong feeling against neon from citizens in this Village.

Building Inspector Cassidy stated that he thought the Village Board did a very good job of explaining to the people that are here. This proposal has a number of elements to sort of soften the blow of a new ordinance that is very different from what we have had in the past. The day after an ordinance like this gets on the books there are not going to be 500 letters going out in the mail. We literally have to go building by building, so it is going to be very labor intensive to analyze what the conditions are it's going to be a very protracted process. For the first year after this is adopted we will be putting this ordinance together and actually implementing the ordinance out in the field and in addition to that there are the amortization schedules as well as reviewing the extenuating circumstances for extensions.

Deputy Mayor DiChiara with regards to the Comprehensive Sign Package he suggested that three or more businesses that share a common zoning lot conform instead of just two stores. That might cut down significantly the number of buildings that would have to come in for the Comprehensive Signage Program which might make it easier to administer as well as easier on small landlords who have two stores.

Mayor Cindrich requested that the Building Inspector review two items. In the residential districts 89-11-8, “No signs except mailbox signs identifying the occupant of the lot, shall be located less than 10 feet of any property boundary”. We have structures in this Village that are less than 10 feet from the property line, so that is one concern of mine. The other concern is the issue of public forum it's kind of alluded to in this where we are going to establish an area where we are going to allow public signs that are chartable connotation to be placed. I liked to revisit this public forum law that may take that into account. There are certain areas in the Village where signs are posted where we can't grant authority because it's not our right-of-way. The other issue I have is 89-12-C “Any signs installed or placed on public property” this becomes another issue with real estate signs and political signs. Let's just look into those areas I would like to do a little more research.

Mayor Cindrich thanked everyone for being here this evening.

There being no further business to come before the Board a motion to adjourn the public hearing until Monday, September 8, 2008 at 7:30 pm was made by Deputy Mayor DiChiara and seconded by Trustee Markus, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Proposed Local Law

Changes to the Zoning Regulations

Code of the Village/Town of Mount Kisco

Continued

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.

Deputy Mayor DiChiara stated that if any one wanted to speak this evening we want to hear your comments. I know that there are a few things that are still up for discussion. There is one draft that the Village Attorney has and I am going to try to discuss it with each member of the Board. If no one is here tonight to talk about the proposed local law then I am going to ask that we adjourn this public hearing until September 8, 2008.

There being no further business to come before the Board a motion to adjourn the public hearing until September 8, 2008 at 7:30 pm was made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

1) Communications:

A. Letter from the People's United Bank re: Child Safety Program.

Mayor Cindrich read the letter from People's United Bank re: Child Safety Program dated July 30, 2008.

Mayor Cindrich recommended that they hold this event on Saturday, September 6, 2008 in conjunction with Sales Days.

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara granting permission to the People's United Bank to hold their Child Safety Program event on Saturday, September 6, 2008 during the Sidewalk Sales Days event, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

B. Letter from Art Nelson re: Block party request.

Mayor Cindrich read the letter from Art Nelson requesting permission to hold their 13^th Annual Block Party details are outlined in his letter dated July 23 2008.

Motion made by Mayor Cindrich and seconded by Trustee Markus approving the request of the High Street residents to hold their 13^th Annual Block Party, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

C. Letter from John Reber re: Resignation from the Recreation Commission.

Mayor Cindrich read the letter from John Reber regarding his resignation from the Recreation Commission. Mayor Cindrich requested that a letter of thanks be sent to Mr. Reber for his commitment to the Town as a firefighter, businessman and as a member of the Recreation Commission.

D. Other.

Mayor Cindrich stated that he wanted the Village Manager to write a letter to the US Department of Housing and Urban Development; US Senator's Clinton and Schumer; US Representative Hall and Westchester County Legislator Peter Harckham regarding the issue at Pinecrest Manor. This issue pertains to something that has been a long standing problem at Pinecrest. I have letters from Alicia Torres and Tania Cooper with some concerns over the mold problem and some other issues that may exist at Pinecrest that are not under the auspices of our Building Department per say and HUD is supposed to be working on it. We need to follow up with up with a letter notifying both our elected officials and HUD that we want some action on this.

E. Other.

Mayor Cindrich stated that he had a letter from Lisa Fantino complaining about Cablevision changing their terms and conditions of service. He asked the Village Attorney to look into this issue. I would also want a letter to go to Cablevision regarding the quality of the audio on our Cablevision station which is terrible. There is definitely something wrong with it.

Mr. Singleton stated that he left Ms. Fantino a voice mail that he would be looking into it and getting back to her.

2) Petitions:

A. Zoning Law Text Amendment request for Northern Westchester Hospital.

Mr. Steven Brashov, Council for Hospital from Sive, Paget and Riesel. He explained the proposed zoning text changes for the “H” and “GR” districts that would only affect the Hospital site to enable the parking garage to be located where it appears it is best to be located. The only action that we would request from the Village Board this evening would be to simply refer this text amendment back to the Planning Board so that they could begin their advisory review process.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. that the Petition for a Zoning Law Text Amendment for the Northern Westchester Hospital in this form be referred to the Planning Board for further review.

The Village Clerk polled the Board with the following results:

Mayor Cindrich Aye

Deputy Mayor DiChiara Nay

Trustee Grunthal Nay

Trustee Griffin, Jr. Aye

Trustee Markus Nay

Motion made by Trustee Markus and seconded by Deputy Mayor DiChiara that we amend the motion by the Mayor Cindrich adding that that the Village Board is referring this to the Planning Board without supporting or not supporting the proposed legislation.

The Village Clerk polled the Board with the following results:

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Nay

Trustee Griffin, Jr. Aye

Trustee Markus Aye

3) Board, Committee and Commission Reports: None.

4) Village Manager's Reports -

A. Level of Byram Lake and Water Distribution System.

Village Manager Palmer reported that the level of Byram Lake as of this afternoon was at 92% of capacity. As you can see from the monthly pumpage numbers we upgraded the Leonard Park Wells, for the second half of July and they averaged over 100,000 gallons and the average pumpage from Byram Lake averaged 1.4 million gallons.

Village Manager James Palmer announced to the Village Board and the residents that we will have the County Clerk's Mobil Van here once again. They will be coming for the Sidewalk Sales Days Event on Saturday, September 6, 2008 from 12 noon to 4pm.

Village Manager James Palmer announced to the Village Board that Kevin Ford was appointed to a full-time position as Laborer in the Highway Department.

D. Update on Hillside and Sands Street Water Main Project.

Mr. Anthony Oliveri, Consulting Engineer stated that he had received an updated schedule this afternoon from McNamee Construction Corp. The project should be finished in approximately two weeks from now. We are hoping this week to get the water mains activated if everything goes well with the Health Department. At that point all the permanent service connections will be done. They are approximately six weeks behind in their approximate completion date. We are going to be reviewing the penalty clause of the contract.

Trustee Griffin Jr. stated that he wanted to personally comment that he believed they have done a terrible job.

E. Request for an Executive Session to discuss pending litigation, personnel and real estate matters.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Griffin, Jr. scheduling an Executive Session for Wednesday, August 13, 2008 at 7:30 pm to be held in the Village Hall Board Room, 104 Main Street; Mount Kisco, NY to discuss pending litigation, personnel and real estate matters, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

5) Board Reports:

Trustee Griffin, Jr. gave a Building and Grounds Update regarding projects that are currently going on or will be starting. We have the Roof Replacement at the Sewer Treatment Plant the bid has been awarded and the project should be starting in October. We know about the Hillside Project we just discussed that. As far as Building and Grounds they are look to get proposals on the Green Street Bridge repair to correct the flooding on the bridge. We are getting ready to advertise and go out for bid on various paving projects. I am glad to announce that our former Kirby Plaza Taxi Stand is no more, we removed it. We are currently working on a configuration that would be advantageous to both the taxi companies and the taxi riders.

Other.

Motion made by Mayor Cindrich and seconded by Deputy Mayor DiChiara to formally hire Edwin Ramirez, Jr. to the position of Police Officer (Step 2) and appoint him in accordance with the probationary period of fifty-two (52 weeks), all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Mayor Cindrich stated that he along with Deputy Mayor DiChiara and Jim Palmer spent an enjoyable evening with the Independent Fire Company where they recognized the following individuals for their years of service to the Village/Town of Mount Kisco.

50 Years of Service John Thorn

Howard Kensing, Jr.

Frank Duffy

54 Years of Service Augustus Hall

56 Years of Service Herbert Daley, Jr.

William Stewart

Paul Hughes

Peter Hughes

59 Years of Service John Marshall Jr.

60 Years of Service George Rubin, Sr.

61 Years of Service Leslie Finch

Mayor Cindrich stated that he did attend a meeting that was arranged by County Legislator Peter Harckham with the Westchester County Planning Board. This meeting was also attended by Bedford Supervisor Lee Roberts, Planning Commissioner Gerard Mulligan and Deputy Planning Commissioner Edward Burrows. We discussed the Rene Dubois Property which is the subject of an issue that we are in negotiations for. What I am asking with the approval from the Village Board this evening is to write a letter to Westchester County indicating why this property should be considered by Westchester County for open space. The County took it off the table because the County thought that it was sufficiently encumbered. I could not address the legal specificity of why it's not sufficiently encumbered and it's something that has been going on for some thirteen years. Mayor Cindrich directed the Village Attorney to send a letter to Commissioner Mulligan on that issue.

Mayor Cindrich stated that the Mount Kisco Planning had received a letter from the Westchester County Planning Board somewhat critical of the Westchester Senior Residents Project. It is something that I am concerned about because we are the owners. When I explained in detail why I think the project is needed in Mount Kisco and why I think it will be successful. The Deputy Planning Commissioner Ed Burrows indicated that they would work with the consultants of the applicant and also the consultants of the Village to address issues that they may consider outstanding. I spoke to our Planning Board Chairman, Joseph Cosentino and he has indicated to me that he would support the participation of the Westchester County Planning Department in a more in depth review of this project. So I would like a letter to go to our Planning Consultants, the Planning Consultants of the Westchester Residents Club and our Planning Board to see if we can arrange a meeting.

Mayor Cindrich commended Trustee Markus again on the Sign Ordinance. He did spend some time with business owners trying to resolve issues with the promenade and hopefully we are going to meet with one of the building owners this week to talk about signage that may benefit the tenants of the promenade.

Mayor Cindrich stated that he did meet with Trump's representatives and engineers on the issues that are the subject of the DEIS and Blasting. I made a commitment that if the Trump Organization took the golf course off the table I would support the housing proposal. My position is still the same. I think the housing proposal has merit and I recognize that pesticides maybe a concern to our community and I commend the people from the Conservation Advisory Council and the Byram Lake Committee for addressing these issues. I just hope that we can process with an open mind to make sure that this project doesn't revert back to a golf course proposal.

Mayor Cindrich stated that he meet with member of Neighbors Link concerning the number of men that are on the street soliciting work. I indicated what our Police Department does when someone is arrested that may have citizenship in question. In that they are referred to the immigration and customs enforcement agents. I solicited the help of Neighbor's Link and their board to speak to the men that are looking for work and to encourage them to use our designated hiring site which is Neighbors Link. I also suggested to them that we work together on housing issues and their board was receptive and suggested that we form some sort of task force in accomplishing that goal. So that there will be an on going effort.

Mayor Cindrich stated that in an effort to determine what the roll of Fire Commissioners are in the Village and get a better insight on the operation of the Fire Companies. I met with the President's of the four fire companies and a lot of reveling issues were discussed such as the expenditure that the Village has to look at as far as building maintenance and renovation and the other issue is choosing a Fire Commissioner. Mayor Cindrich asked that Village Board of Trustee (if they were in agreement with him) that the names that have been suggested to the Village Board for the appointment of Fire Commissioner are not acceptable and at this point we would like to ask the Fire Company that doesn't have a Fire Commissioner to introduce a new name.

Trustee Griffin, Jr. stated that tradition has been each company has had a Fire Commissioner representing their company. Fire Commissioners represent the Village of Mount Kisco so a fourth commissioner does not have to be necessary from that particular company. If they can not come up with an adequate applicant I think we should go out into the general public which we are allowed to do and appoint a commissioner.

Deputy Mayor DiChiara suggest that when suggesting to the Board an applicant for Fire Commissioner that it not be a Village Employee or the employee of a significant vendor (someone that does over $10,000 worth of business with the Village) of the Village.

Mayor Cindrich commended the Chief of Police for offering and suggesting that we buy a fuel efficient six cylinder vehicles that would be used as unmarked cars.

A. Eduardo's License Agreement.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the License Agreement with Edward Lubic owner of property known as 77 South Moger Avenue for the licensing of property for him to use as a parking area stipulated in the agreement, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Trustee DiChiara stated that since this is open space that we are leasing that the rental from this property go into the Open Space Fund.

B. Mount Kisco Coach Diner Expansion and Rezoning of 262 Main Street.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Grunthal that the Mount Kisco Coach Diner Expansion and Rezoning Petition for 262 Main Street be referred to the Planning Board without supporting or supporting this Petition for their consideration and we should also ask the Planning Board if the zoning change should include Gregory Avenue, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

C. Old Iron Warehouse Project re: Cary Place.

The Village Board of Trustees had no objection to referring this project back to the Planning Board for further review.

7) New Business

A. Resolution authorizing the Village Manager to sign the Fire Protection Contracts for 2008/09.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus that the Village Manager be authorized to sign the Fire Protection Contracts for 2008/09, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

B. Resolution authorizing the Village Manager to sign the BLS Ambulance Service Agreement.

Motion made by Deputy Mayor DiChiara and seconded by Trustee Markus that the Village Manager is authorized to sign the BLS Ambulance Service Agreement, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

C. Resolution authorizing the Village Manager to sign a Retainer Agreement with Anthony Grant.

Motion made by Mayor Cindrich seconded by Deputy Mayor DiChiara appointing Anthony Grant as Town Prosecutor and the Administrator of Zoning and Code Enforcement, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

Motion made by Trustee Markus and seconded by Trustee Grunthal authorizing the Village Manager to sign a retainer agreement with Anthony Grant as Town Prosecutor and the Administrator of Zoning and Code Enforcement subject to the Village Attorney adding some language regarding any requests for payment in excess of the 80 hours per month and also that it be defined to include that he shall be required to work all the Justice Court requirements in the retainer agreement and anything over and above that would have to be applied to the Court, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

D. Resolution authorizing Use of Capital Reserve Moneys.

Resolution made by Trustee Grunthal and seconded by Deputy Mayor DiChiara authorizing the Use of Capital Reserve Moneys, all in favor.

Motion Adopted

Mayor Cindrich Aye

Deputy Mayor DiChiara Aye