Village Board Meeting Minutes - September 8, 2008

Minutes of the Public Hearing and Regular Meeting of the Board of Trustees of the Village/Town of Mount Kisco held on Monday, September 8, 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

Trustee Peter Grunthal

Trustee Griffin, Jr.

Trustee Anthony Markus

Absent: Deputy Mayor DiChiara

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. .

Proposed Local Law

SIGNS - Chapter 89

Code of the Village/Town of Mount Kisco

Continued

Trustee Markus stated that he wanted to read the following memorandum into the record which outlined the revisions that were made to the draft ordinance since the last public hearing. He stated that these changes were minor in nature and involved mostly language clarification and/or emphasis.

Clarification/Emphasis:

1) Section 89-9 - Comprehensive Sign Program - The first point raised is that a Comprehensive Sign Program is required of two or more businesses that share a common zoning lot and it was suggested that this provision be changed to three or more businesses.

Staff Response: On the first point, we feel that the Comprehensive Sign Program should be required of two or more tenants as the ordinance is written. In the case where there is a unified building, if there was no harmony among the tenants, it could look aesthetically unattractive and detract from the building.

The second suggestion made was to eliminate “lettering or graphic styles and colors” from the requirements of the Comprehensive Signage Program. This section has been reworded to describe the components that could be included in a Comprehensive Signage Program. These packages will vary from location to location. It is not the Village's intent to promote cookie cutter signage throughout the Village. Language has also been added to clarify the responsibility of the landlord/property owner in proposing a Comprehensive Signage Program for multi-tenant buildings.

On the second point, the first two paragraphs of Section 89-9 have been rewritten as follows:

A Comprehensive Signage Program (“Program”) is required of two or more businesses that share a common zoning lot or parcel. This includes directional/directory and identification signage. The Program is a sign system to create visual harmony among the signs within the Program Area and compatibility with surrounding establishments and structures. It shall include specifications for all signs within the Program Area, including but not limited to the following: sign type, lettering or graphic style, size, shape, scale, colors, lighting, materials, installation, and position on site plan. The complete program including actual materials and samples must be presented and shall be subject to ARB approval.

Before any individual sign applications are accepted for a building subject to the Comprehensive Sign Program, a Comprehensive Sign Program shall be proposed by the landlord/property owner and/or his duly authorized agent, and shall be subject to review and approval in accordance with standards set forth herein, by the Architectural Review Board and Building Inspector. Any approved Comprehensive Signage Program shall remain on file with the Building Inspector.

2) Section 89-11.5 - Commercial District #2 - “A box sign shall not have its interior element exposed when a tenant has vacated and its sign removed”. A recommendation was made that language be added to make the landlord responsible for this.

Staff Response: Language will be added to state: “A box sign shall not have its interior elements exposed when a tenant has vacated and its sign removed. The landlord/property owner is responsible to place an opaque face plate in the sign box until new signage is approved.

3) Section 89-14 Application Procedures - A question was raised as to what would be the threshold for requiring stamped and certified drawings from a licensed professional for structural elements of proposed signage?

Staff Response: The New York State Education law requires signed and sealed drawings when the cost of improvement is $20,000 or more. This requirement would also apply to signs. Signed and sealed drawings would also be required in the event that the Building Inspector determines signed and sealed drawings are necessary to secure the interest of public safety.

Issues that need more work:

1) Section 89-11 - General Provision - Section 1.A - In no event will there be more than two (2) signs on any building for any establishment. A suggestion made that we delete this sentence. Also, a recommendation was made to allow a second sign on a side wall where location permits effective identification whether there is a second entrance or not. In addition, a recommendation was made to eliminate the provision that there are “no signs permitted on any portion of a building that is not occupied by that business”.

Staff Response: This section still needs some work. While staff still feels we should limit the number of signs on any building for any establishment to two, we did discuss the possibility of including a provision that allows for additional building sign as follows: When a lot upon which a business is located is a double corner lot as defined by Section 110-59, a third sign may be permitted. This would certainly take into consideration locations that front on three streets. Otherwise, we feel that this regulation should not change. The relief for these regulations is an appeal to the Zoning Board of Appeals.

2) Section 89-5 - Prohibited Signs - Electronic interior window signs - currently prohibited - request to allow one “open sign” - maybe we could limit the sign dimension and sign must be off when business is closed.

Staff Response: We have gone back and forth on this regulation. Initially the ARB recommended no “neon” signage in the Village. After a visual inventory of the downtown, staff recommended that we limit the “electronic window” signs to one sign that would be subject to coverage limitations. The ARB was adamantly opposed to this suggestion and we incorporated that these signs would be prohibited. In a good faith gesture that the Village is “listening” at the public hearings, Staff suggests that we could allow one electronic interior window sign limited to the text “Open” - with dimensions that could be no larger than one foot square. The sign may be lit, but cannot flash or move and must be shut off when the business is not open. Staff, again, looks to the Village Board to ultimately decide on this comment.

3) Section 89-4 L - Exempt Signs - Political Signs - there is no size limitation on political signs - do we want to set a size limit?

Staff Response: Staff feels that this is not something we should regulate. If there should be a size limitation, this should be decided by the Village Board.

4) Section 89-6 - Temporary Signs - Add language that the Building Inspector must act within 15 days on a temporary sign application. Also, ARB must act within 90 days on permanent signs?

Staff Response: Staff is not inclined to include time restraints but if we did, the suggestion is to add language to the effect that the Architectural Review Board and Building Inspector must act within x number of days on a fully complete and compliant application and failure to act would be deemed as a denial that could be appealed to the Zoning Board of Appeals.

Sections that will not change:

1) Section 89-7 - General Design Criteria - Colors - Recommendation to eliminate limit of colors to five.

Staff Response: We feel the number of colors should be left as five (5) as we believe that five colors will be enough for most signage. If an applicant wants to have more than five colors, they can appeal to the Zoning Board of Appeals.

2) Section 89-8 - Awnings/Canopies - A question came up asking whether Awnings/canopies without signage should be subject to the size limitations of awning/canopies with signage?

Staff Response: Non-signed awnings/canopies should be subject to ARB review and approval since they are architectural features to a building. However, we do not feel that they should be subject to the dimensional restrictions that awning/canopy signs are.

3) Section 89-11.8 - Residential District - provision that there no more than one sign for subdivisions etc. - a recommendation was made to allow two signs at each street entrance (i.e., Mt. Kisco Chase).

Staff Response: Leave the provision for no more than one sign … at each street entrance. Most of the residential developments have one sign at each street entrance. If two signs were desired, a variance could be sought.

4) Section 89-16 - Amortization of nonconforming signs, awnings and canopies - A suggestion was made to extend the timeframe of the amortization schedule to ease the economic impact of sign replacement for merchants.

Staff Response: We suggest that the amortization schedule not change as we are looking to move forward with the adoption and enforcement of this new ordinance in a timely fashion and we believe the schedule to be fair. There are several factors with regard to this sign ordinance that will lengthen the actual sign replacement process without having to extend the amortization schedule. Once the ordinance is adopted as law, it will take at least one year to determine if the existing signs in the Village are compliant or non-compliant to the new law. The amortization schedule begins after that point. There is also a provision allowing anyone to apply for an extension to one's amortization schedule due to hardship for a period of one year. Multiple one-year extensions may be granted where warranted, but may only be granted for one year at a time. As a result of these provisions, actual sign replacement for a sign to be replaced in 3 years could be at least 5 years or more. Staff looks to the Village Board to decide if this section needs revision.

Additions:

1) Section 89-10 - Automotive Fuel Station Signs - currently the proposed code does not allow pole signs (single pole) - do we want to make an exception and allow pole sign (single pole) at Automotive Fuel Stations?

Staff Response: Since there is a limited number of parcels which would be affected by this regulation and a portion of them already have pole signs, we feel that single pole signs should be permitted only for Automotive Fuel Station signs. The following language is to be added to Section 89-10: “A pole sign shall be required when in the determination of the Building Inspector it is necessary to provide traffic safety.”

Deletions:

1) Section 89-11.8 - Residential District - provision that no sign, except mailbox sign shall be located less than ten (10) feet from any property boundary (for sale signs)

Staff Response: Delete the second paragraph “No sign, except mailbox signs identifying the occupant of the lot shall be located less than ten (10) feet of any property boundary as this provision would be nearly impossible to enforce.

2) Section 89-17A - Continuation of nonconforming signs… during amortization period.

A non-conforming sign shall not be structurally changed to another nonconforming sign, awning and canopy; although it's textual and pictorial content may be changed.

Staff Response: Delete the section of text “although its textual and pictorial content may be changed”. There are concerns about this text providing the ability for someone to technically significantly change a nonconforming sign to another nonconforming sign without having complying elements therefore extended the life of the noncompliant sign.

In addition to these issues, staff suggests the following:

Mayor Cindrich stated that the Village Board has garnished a wealth of knowledge over the past couple of months and staff has also given much of their free time to hone what is before us. The information that we have has to be acted upon and the Village Board is going to have to make certain decisions regarding this. This evening I would like to hear from anyone that would like to speak. At the conclusion of tonight's hearing I would like to close the public hearing except for written comments for a period of one month and then close all information permanently so we can get down to business and the Village Board can conduct work sessions and we can codify what we have and enact some type of legislature.

The Business Owner from 486 Lexington Avenue Auto Service stated that he had a box sign and it's been there for 20 years. He asked if this new law would apply to his box sign.

Trustee Markus replied that eventually the sign would have to come down.

Mayor Cindrich stated that there will be a period to amortize the cost so it is not going to happen immediately. You will be notified and if in fact the sign doesn't conform to the newly enacted sign ordinance you will be notified and given a calendar of time to either make adjustments or remove the sign and apply for a new sign. It could be as far away as three (3) years or even more. So it is not something that is going to happen immediately.

Michelle Daniel (Via Michelle 49 South Moger Avenue) asked what town the Village Board was modeling us after.

Mayor Cindrich replied that we have tried to take compilations from a number of towns. We looked at a number of ordinances and we've tried to take what we considered the better parts of their ordinances and put it into our law.

Ms. Daniel said she didn't mean the legality she meant the aesthetic value of what you are trying to accomplish.

Trustee Markus stated that we are not trying to model our selves after any particular community. Mount Kisco is unique in some respects because of the fact that the Village as it existed approximately 40 years ago when this original law was enacted is much different today. So we didn't necessarily have to follow any particular village because we have our own uniqueness. But of course coming up with the final product we looked at various ordinances from various different villages. One of the main criteria that we are looking to accomplish is to provide some cohesiveness not in terms of being cookie cutter but in terms of it having some type of aesthetic appearance that is appealing. We certainly recognize that the initial change after almost 40 years is challenging to business owners.

Ms. Daniel stated that she thought Mount Kisco was different than New Canaan and Chappaqua. You are not going to homogenize this area. This is a diversified area and that's why we are here because we love the differences and I would hate to see all the beauty of the differences taken away.

Trustee Markus stated that I don't think we are looking to do that. We are looking to create some aesthetic beauty. The reason for the change in the law was to provide some type of guidelines to the business owner and to have some structure as to what is expected. There is no intent what so ever to have this be cookie cutter.

Ms. Daniel stated that she felt that the people with the ugly store fronts should have their wrists smacked and all of us should just be able to do business as we see fit. I would like to see the neon signs taken down, I would like to see the ugly store fronts cleaned up, I would like to see everybody out front sweeping every morning as I do. I feel like I am being punished for all the bad kids in the classroom, and we're the good kids and we don't want to be treated that way. Please just be aware that so many of us step up every day to have our businesses be something you're proud of.

Ms. Noelle Crisalli, Esq. (Hocherman, Tortorella & Wekstein. LLP) stated we are the attorneys for TD Bank which has recently taken over Commerce Bank. She submitted a letter to the Village Board for the record dated September 8, 2008. She commented on the maximum letter height for a free standing sign in the Village District. The proposed local law allows for 15 square feet for a free standing sign and the letter height can only be 5 inches which makes sense if you are going to have several lines of text. However we are going to have a single occupant building and a single tenant, which will have only one name on the sign and 5 square inches on 15 square feet can get lost. It would not be proportional and it would make the sign look awkward and difficult to read. So to accommodate single occupant buildings with single tenant free standing signs we would ask that you consider amending Table 1 to permit a maximum letter height of 12 inches where a freestanding sign identifies a single business in a single tenant building. This is consistent with the lettering height of other signs in the Village District like wall signs and awning signs and it will allow for a better proportionality for an aesthetically pleasing sign.

Mayor Cindrich suggested that Ms. Crisalli submit a graphic of the existing sign (the Commerce Bank Sign) and a graph of what would be permitted as the ordinance is written and also what would be permitted in accordance with the revisions that she was requesting.

Village Attorney Singleton stated that this would only be applicable to Freestanding/Monument signs. This is not the regulations that would be applicable to signs on the wall of a building.

Trustee Griffin, Jr. stated that for years we had very vague guidelines and many people suffered through the process of trying to get signs approved. One of the major purposes of this law was to give our Staff and ARB Members guidelines in which everyone has equal treatment. Yes, a lot of us have signs that will have to come down and will have to be changed. But I think the goal of this is to have uniformity in our Village, aesthetic correctness, and make Mount Kisco a better looking Village.

Trustee Grunthal stated that he sees this legislation as a means to eliminate signs that are brash and neon signs that which the ARB and others feel are not appropriate for the Village. I also feel that we should have some kind of grandfathering for those signs that are close or reasonably close to the legislation that we are looking at here. He added that for temporary signs he would rather see the Building Inspector approve the sign within 5 days rather than 15 days and secondly perhaps the ARB could act within 60 days rather than 90 days.

Mayor Cindrich stated that there is a number of opportunities for the appeals process to take place and one thing I would like is for Staff to consider that the first appeal relative to a hardship or grandfathering of a sign be an administrative act rather than a legislative act so we can move the ball forward on the first appeal. He noted that he was also not keen on pole signs and would like to see more work done on these.

Building Inspector Cassidy stated that the whole concept of treating those particular sites differently than any other is that typically service stations are relatively small lots and almost all of them will have a ground sign identifying their station name and the more conventional monument sign clearly has a more substantive opaque base and then when you put that sign out close to the roads edge to identify to the motorist that is approaching the business then it becomes a site line issue. Therefore the pole would offer less opportunity for site line obstruction. It still will be subjected to height restrictions which is 15 feet.

Mayor Cindrich stated the one point that is still unclear and has to be addressed is the promenade issue on South Moger Avenue. So let's keep exploring ideas and get some modules from other municipalities.

Trustee Markus stated that I believe that this particular ordinance although almost complete is still a work in progress. It does provide a certain degree of predictability and also strikes the balance of individuality and also aesthetically pleasing signage throughout the Village. It is a well crafted ordinance and I think with the additional comments that are being added here both by the Public and the Village Board it will hopefully be a great asset to the Village.

There being no further business to come before the Board a motion to close the Public Hearing on the Sign Ordinance and that written comments maybe receive until October 7, 2008 was made by Trustee Grunthal and seconded by Trustee Markus, all in favor.

Motion Adopted

Mayor Cindrich 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 stated that this was a work in progress and we trying to resolve issues of parcels of land being over built and over utilized. It is something that we are attempting to regulate and we want to make sure as we go forward we are on target as to what we are trying to accomplish. It is taking a little more work to put together. I think it is going to go beyond residential uses it is also going to go on to commercial uses. This item is going to be tabled this evening.

A motion to Table the Public Hearing was made by Mayor Cindrich in order for the Village Board to do their due diligence and make this ordinance more workable, it was seconded by Trustee Griffin, Jr. all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

1) Communications:

A. Letter from the Mount Kisco Fire Department re: 911 Memorial Service.

Mayor Cindrich read the letter from Alfredo Bueti, Chief of the Mount Kisco Fire Department dated September 4, 2008 requesting to hold a 911 Memorial Service on Thursday, September 11^th at 6:30 pm.

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. granting permission to the Mount Kisco Fire Department to hold their 911 Memorial Service, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

B. Letter from MKESA re: Annual Fund Raising Car Wash event.

Mayor Cindrich read the letter from Richard Alexander dated September 3, 2008 requesting permission to hold a fund raising Car Wash.

Motion made by Trustee Grunthal and seconded by Trustee Markus approving the request of the MKESA to hold their fund raising car wash, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

C. Letter from the Italian American Club of Northern Westchester.

Mayor Cindrich read the letter from Anthony Sturniolo, Vice President of the Italian American Club of Northern Westchester requesting to hold its Annual Christopher Columbus Day Celebration on Sunday, October 12^th at 12 noon.

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. approving the request of the Italian American Club of Northern Westchester to hold annual celebration, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

D. Letter from David Roider re: Resignation from the Conservation Advisory Council.

Mayor Cindrich read the letter from David Roider regarding his resignation from the Conservation Advisory Council dated August 25, 2008.

Mayor Cindrich requested that a letter of thanks be sent to Mr. Roider for his service as a member of the Conservation Advisory Council.

E. Letter from Donna Cravotta re: Vacancy on the Recreation Commission.

Mayor Cindrich read the letter from Ms. Cravotta dated August 27, 2008 regarding a vacancy on the Recreation Commission.

Mayor Cindrich stated that the Board would accept the letter and in the future the Board will schedule interviews for that opening.

F. Letter from Andres Weidmann re: Vacancy on the Conservation Advisory Council.

Mayor Cindrich read the letter from Mr. Weidmann regarding a vacancy on the Conservation Advisory Council.

Mayor Cindrich stated that the Board would accept the letter and in the future the Board will schedule interviews for that opening.

2) Petitions: None.

3) Board, Committee and Commission Reports: None.

4) Village Manager's Reports -

A. Level of Byram Lake and Water Distribution System (August 2008).

Village Manager Palmer reported that the level of Byram Lake as of this afternoon was at 88.3% of capacity and the average pumpage from Byram Lake averaged 1.4 million gallons. Village Manager Palmer reported that this week we should be receiving a report from the Chazen Companies regarding their efforts to monitor the water quality at Byram Lake.

Village Manager Palmer announced that local registration for the upcoming 2008 Presidential Election will be held on Tuesday, October 7, 2008 from 5:00 pm to 9:00 pm and Saturday, October 11, 2008 from 12:00 pm to 9:00 pm in Village Hall.

Village Manager Palmer announced that the Traffic Rules and Regulations Register is hereby amended as follows:

Stop Intersections:

The following intersection is hereby designated as a stop intersection and will have a stop sign erected at the intersection:

St. Mark's Place westbound at the intersection of Woodland Street.

Village Manager Palmer stated that he had provided the Village Board with a copy of the recycling report which was provided from the Westchester County Department of Environmental Facilities. The Village's recyclables that we have been sending to the County's Material Recovery Facilities is up a little over 82 tons from last year for the same period of time (January to June) bringing us up to a total of 708 tons for the period. This is very good news and he encouraged the community to continue to recycle. It is not only a requirement of the Village but also of the County. He added that these numbers are very encouraging.

E. 2008 Leaf Collection Schedule.

Village Manager Palmer stated that he provided the Village Board with a copy of the fall 2008 Leaf Collection Schedule which will start on October 13th. The leaf collection schedule will also be posted on our website. Residents are encouraged to collect their leaves in the biodegradable leaf bags.

F. 2008 Middle Class STAR Rebate.

Village Manager Palmer stated that he wanted to inform residents of the 2008 STAR Rebate program. This was the program that was also in place last year. Essentially anyone who is getting the STAR exemption program now would be receiving a rebate from the State. Checks will be mailed out the week of October 20^th. Seniors will be receiving $807.70 and for all other resident property owners there is a sliding scale between $731.08 to $365.54 depending on their 2006 combined incomes.

G. Other.

Village Manager Palmer advised that he was informed this week that the county would be reimbursing residents for septic system pump outs. The County is now reimbursing effective September 3^rd for up to $300.00 a year to home owners who have to have their septic system pumped out. There are approximately 35 homes in the Village that are still on septic. Residents can go to Westchestergov.com site to see if they are eligible for the reimbursement.

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

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. scheduling an Executive Session immediately following this meeting 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

Trustee Grunthal Aye

Trustee Griffin, Jr. Aye

Trustee Markus Aye

5) Board Reports:

Trustee Markus reported that he did attend Sales Days and that he wanted to commend the Chamber of Commerce for all their hard work. A lot of behind the scenes work goes into putting the event together. It is a day to be very proud of Mount Kisco both in terms of the beauty of our Village and also in terms of promoting our commercial stores. The other item he brought up was at the intersection of East Hyatt and Grove Street, Con Edison has done an extensive amount of work in that area and the sidewalk has been broken up and there are a couple of slabs that are just black-topped. He asked who was responsible for restoring the sidewalk.

Village Manager Palmer replied that Con Edison was responsible for the restoration. Village Manager Palmer will remind Con Edison about this sidewalk repair.

Trustee Grunthal reported that the Conservation Advisory Council has been very busy. During Sales Days they made information available to the public about conservation. Westchester County prepared an action plan for all municipalities in the county. It is an extensive action plan to reduce carbon emissions to reduce global warming which has been adopted by several towns. The Conservation Advisory Council has summarized that plan and they are planning to present it to the Village Board at the next Board Meeting. This action plan recommends some steps that the Village can take to join with Westchester County, which is now a grass roots movement in reducing carbon emissions. In addition one of their members also prepared an Appendix to that plan on Green Buildings which will obviously be of interest to the Planning Board.

Mayor Cindrich stated that on this past Friday evening he along with Trustee Griffin, Jr., Building Inspector Cassidy and Village Manager Palmer spent a couple of hours on Spring Street going over what the residents perceive to be zoning violations and quality of life issues. I just want to go on record that I want a weekly report on the progress that we are making addressing the issues that the residents expressed their concern to us over. There were a lot of things sited at our meeting and I want to make sure that we are following up on it. So I would like a weekly report on what progress we are making.

Mayor Cindrich stated that we have a number of members from the Mutual Engine and Hose Company here this evening and according to the media that called him this afternoon and today they are obviously aggrieved at the decision he made. So instead of waiting to the end of the meeting I am going to allowing anyone who would like to speak from the Mutual Engine and Hose this evening to come up to the microphone, identify yourself and please speak freely.

Paul Felice, Vice President of the Mutual Engine and Hose Company stated that the President Bill Fletcher, Jr. could not be here tonight but has formed this committee to address several problems which remain unresolved between the Village and our fire company. The committee members were Carmine Valvano, Fred Lena and Donald Trotta. The first unresolved problem deals with a County mandated radio for one of our fire apparatus. Mr. Felice reviewed the time line of what went on. In 2007 they received the apparatus. In August of 2007 we requested of the Commissioners to find us some type of funding for the radio for this engine. It is our understanding that our request went undelivered to your office. In September of 2007 the Fire Commissioners did meet and they denied that request all though they did find money to purchase this County mandated radio for a Chief's car. In January of 2008 we wrote a letter to the Village Board of Trustees pleading our case and explaining the situation that we had and that went unanswered. In August of 2008 we also wrote a second letter pleading our case and that letter has also been unanswered. So basically we are here tonight to hopefully clear the air and field any questions that the Board has about this truck radio. Unfortunately our Fire Company does not have the funding to purchase it.

Mayor Cindrich replied that last fall the Fire Commissioners indicated to him that they voted 4 - 0 in denying the request for the radio. I didn't fully comprehend why. The reason they gave is because it wasn't applied for in a timely fashion and if it was applied for in a timely fashion the County would have supplied the radio. I did discuss at length with the Fire Commissioners what my efforts would be in pursuing the funding for this radio. I did direct the Village Manager to write a letter to Commissioner Sutton (Westchester County Emergency Services) asking for funding for this radio regardless of when the application was made. I spoke with Deputy Commissioner Jackson I said that this was an important issue and I did petition County Legislator Harckham. He also noted that he would attempt to find a philanthropist to help fund this radio. The issue is that we put an enormous amount of trust and respect into the roll of Fire Commissioner and they seem adamant about this and I don't know why and I wasn't going to get into the politics of the Fire Department. I am very close to finding an outside source to fund this radio and it may come as an anonymous contribution. If you want a copy of the letter that was written to Commissioner Sutton by the Village Manager we can get it to you. I know County Legislator Harckham is still lobbying to get the funds. Of course it would have been a lot easier for us when the decision to keep the truck was made and the radio could have been installed free of charge by the County to the municipality but it didn't happen. The letter that Tom Murphy wrote, I don't know where it went. I take responsibility for it but it was never made part of the agenda and if it was it would have been debated amongst the entire Board and I asked each member of the Board if they had received a copy of the letter and they haven't. He added that he felt that Bill's words were strong and that he didn't deserve that kind of a response because he has been trying to obtain the funding to get the fire department the radio.

Mr. Felice replied that he appreciated the Mayor's efforts and asked for a copy of the letters requesting assistance from Westchester County.

Mr. Valvano, Treasurer, Mutual Engine and Hose stated that the frustration is that a letter was hand-delivered on January 9, 2008 and we didn't have the courtesy of a phone call that it was received or a response to the letter.

Mayor Cindrich stated that he did communicate his efforts during several meetings that he had with Don Trotta and Fred Lena regarding the radio. I told both of them that I would purse this endeavor in that fashion. However, despite my efforts the County did turn us down and I have been making an effort to find private financing.

Mr. Fred Lena stated that the only communication we have was on December 28, 2008 wherein you told us that you had not received that letter and at that time the Village was not in the position to hand us the money but that you would direct us to some business person who would be willing to donate it to us. In April he also added that he and Don discussed it with the Village Manager and he was going to send a letter through you to Westchester County trying to come up with funding.

Mayor Cindrich stated that he would make copies of the letters from Jim Palmer and Commissioner Sutton.

Mr. Felice stated that he had a couple of comments on the Commissioner roll. We all agree that Commissioner's are liaisons. My definition of a liaison is someone that carries information from one body to the next. I think it was improper for that Commissioner at the time to not carry that information to you. The Committee made a decision which I don't feel they had the power to do, because they found funding to purchase a radio for a Chief's car.

Mayor Cindrich stated that in our contract with the Fire Companies we give you a certain amount of money a year and we do supply a great deal of funding for the maintenance and upkeep of the building and that's even of late become a bone of contention. I will have to defer to the Village Manager to find out exactly where those funds came from and how that decision was arrived at.

Mr. Felice stated that his company would also like a copy of the Fire Commissioner's Budget and the minutes of the September 2007 meeting.

Mr. Felice stated that their second unresolved problem deals with the appointment of their candidate for Fire Commissioner. Back in October of 2007 our fire company at the direction of the President nominated our candidate for a pending term of an expiration of a Fire Commissioner. The membership of the Mutual Engine and Hose Company voted and passed the name of Joseph Luppino as our candidate. The Village was duly notified of this nomination on December 6, 2007. I have copies of the most recent resolution for filling vacancies on the Board of Fire Commissioner adopted on June 5, 2000.

Mr. Felice asked if there was a subsequent resolution to this June, 2000 resolution to the procedure for filling vacancies on the Board of Fire Commissioners.

Mayor Cindrich replied not that I know of.

Mr. Felice replied so here is our dilemma, we have followed this resolution and we still have neither an acceptance nor denial with no reason. We are looking for a letter stating yes or no for Joe Luppino and the reasons why. You did tell me that you would write the letter and that it would take some time and we are still waiting for that letter. We feel that we properly executed our rights to submit to you a qualified candidate and he still has not been appointed. So we are looking for an answer and that pretty much is where we are at.

Mayor Cindrich replied that a letter was drafted by the Village Manager and sent to the company. I am not going to site certain reasons without any specificity in that Mr. Luppino is an employee of the Village of Mount Kisco and I am going to respect his employment in the Village and not address that type of issue. As far as the June 2000 Resolution I will defer to the Village Attorney but as far as I am concerned State Law supersedes this regulation in Section 3-308 of Village Law that sets the criteria for the appointment of Fire Commissioners. Now in my conversations over the last 6 months this is not an elected position if the Fire Department wants an elected position we will have a public hearing. We will change the law and we'll give the format of running as a Fire Council where each individual company would elect a person to represent the Fire Council and that would be the vehicle for an elected position to move forward. As far as the appointed position I will make sure that the Village Attorney gives you a copy of that law that does pertain to this type of operation.

Mr. Valvano stated so what you are telling me is that this resolution that was adopted by a previous administration was illegal.

Mr. Singleton, Village Attorney replied yes. This is an unauthorized delegation of this Board's power. It violates State Law and it can not be done. The resolution is not Town Law, it does not exist in the Village Code. It is not binding upon this Board and it would be illegal for this Board to follow that resolution. It would then give you the power to determine who the Board of Fire Commissioner's is and that violates State Law….which states that “the power of appointment is vested with the Mayor pursuant to State Law”. Village Law Section 3-308 subdivision #5 and 3-312 subdivision #3. “The Board of Trustees establishes the Board of Fire Commissioners pursuant to 308-1 they establish the composition, the powers the duties, the responsibility together with the powers to amend any of those powers, duties and responsibilities pursuant to section 308-3”. The Board of Fire Commissioners has a statutory obligation including as previously referenced the purchase of equipment as is suitable and is necessary to prevent and extinguish fires within the Village. That was within the Board of Fire Commissioners Authority to approve or not approve that recommendation for expenditure. Any Board or Commission acts as subsidiary of this Board and they are acting for and on behalf of and at the pleasure of this Board. They don't vote themselves into office. The purpose of the Board of Fire Commissioner's is to protect the Village, the residents of the Village, the taxpayers of the Village and to serve the interest of this Board not individual Fire Departments.

Mayor Cindrich stated that if the Fire Department wanted an elected representative from each company to represent the Fire Companies there is a vehicle and method to do that. I will ask who ever you want to sit down with the Village Attorney and we'll have a public hearing and if we get the Fire Department as a whole to agree to that method you can elect whomever you want to represent the individual companies as the liaisons to the Village Board. The Fire Commissioners are not liaison to the Village Board. The Fire Commissioners are given a great deal of responsibility by law. If you want that to be the effort of a Fire Council an elected representative of your company then I will offer the services of our Village Attorney to make that work for you.

Mr. Singleton stated as a follow-up to the meeting that was held over a year ago your fire company asked how we could address the improprieties contained in this resolution dated June of 2000 and I have provided another procedure which was compliant with the law and recognized the desire to have representatives from four different departments.

Mr. Valvano stated that he was not aware of the procedures that Mr. Singleton was talking about.

Mr. Singleton stated that it was discussed with the Fire Department he wasn't sure which house was at the last meeting.

Mayor Cindrich stated that he would direct a letter to Bill Fletcher and he was not going to direct any disparaging remarks about anyone. I'll direct the letter to give you my criteria for appointing a Fire Commissioner in accordance with State Law. This whole episode has cost me the friendship of a man I have known for 30 years. I don't think it was handled properly by me or the Mutual's. But as far as I am concerned he was a good man and no one ever came to me in all the years that I served as a Trustee or as Mayor and said that he wasn't doing his job until the 11^th hour and it was my desire which I didn't have the support of the Board to reappoint him the night we were doing the reappointments. I was told that the Mutual Engine and Hose would take an action against probably me and him if I did that. I am really upset about this whole thing it should of never of happened. There should have been another way a better line of communication between the Captains, the Chief or somebody to let me know what was going on.

Mr. Valvano stated that the reason for the lack of communication between the Village of Mount Kisco and the Mutual's is because they don't have a commissioner representing them.

Mr. Felice stated that he didn't think that there wasn't anyone in the company that doesn't recognize the fact that the Mayor appoints the Commissioner. The confusion lies where we flip flop between State Law, Village Law and Fire District Law.

Mayor Cindrich stated when the attorney is referring to State Law he is referring to the subsection that is inclusive of is Village Law. Because there is a section in State Law that is classified as Village Law.

Trustee Markus replied now that we have looked at the past, what can we do to move forward.

Mr. Felice stated we are looking for other than any personal issues why our candidate would not meet the criteria of being a Fire Commissioner.

Village Attorney Singleton stated that the Village Board has the ability to set forth any criteria that they think that is appropriate in selecting a candidate for the office of Board of Fire Commissioner's just as they do for any other Board or Commission in the Village. Just because somebody wants to serve on a Board or Commission in the Village it does not mean that the Mayor appoints them. There are people that have expressed interest in being on certain Boards where the Mayor has chosen not to appoint those people and this Mayor has chosen not to appoint the candidate that you have selected and this Board has indicated it's solidarity with the Mayor in that regard. Because the Board has some concerns about the potential conflicts and the potential appearance of conflicts.

Mr. Lena read a statement. On the 15^th of June I appeared here before you people and read a statement asking for the approval of Joe Luppino as our Commissioner. As of this time we have not received a response to that statement. We have repeatedly heard from this Board what a great Fire Department we have here in Mount Kisco. We are all volunteers. We donate our time for training and responding to alarms. The Mutual Engine and Hose Company responded to 411 alarms. As you have stated we have saved the tax payers of this Village hundreds of thousands of dollars every year. It has been the practice of the Village Board for the past 125 years to accept our elected choice for Fire Commissioner and our elected choice again is Joe Luppino. I am once again asking you to give us the respect we deserve. Let us know the reason now.

Mr. Lena stated that he met with the Mayor on December 28^th and at that time Mr. Mayor you told me that you would never ever accept Joe Luppino as a candidate from the Mutual's and you sited the one and only reason Mr. Mayor and that was because he had participated in a labor demonstration here in the Village.

Mayor Cindrich replied that Mr. Lena was out of order and that was an outright lie.

Mr. Lena stated again Mr. Mayor on January 3, 2008 at 6:00 pm you requested another meeting with yourself, myself, Don Trotta, Deputy Mayor, Village Attorney and the Village Manager. We went into the same spirit and again you said that as long as you are Mayor you would never appoint Mr. Luppino as Commissioner and you gave the same reason. The Deputy Mayor who is not present this evening also sited the same reason.

Mayor Cindrich replied that he did not admit to making that statement and does anybody here remember that statement being made.

Mr. Lena replied that that was some bull and we are wasting our time with you people.

Mayor Cindrich replied you'll get my letter Fred and that will put an end to this.

Mr. Lena stated that he and Mr. Trotta also spoke to the Village Manager, but during this time we have called each other Mr. Mayor dozens of times on the cell phone regarding this and if you want I can refresh your memory with the times and the dates and what was said. When Mr. Trotta and I meet with the Village Manager we told him that Mr. Luppino had agreed to meet with you Mr. Mayor face to face to get this thing resolved and over with. I called you several times Mr. Mayor and I got no response. On the 16^th at 7:30 pm I spoke to you about setting up a meeting to resolve this thing. At the end of January we had a conversation after your Board Meeting Mr. Mayor and you were very upset and we spoke at 9:00 that night and you were going to call me back the next morning and take care of this thing and have a meeting. You wanted a name to put into run. I spoke to Don Trotta and we told the Village Manager that it was a temporary thing and that Mr. Luppino was still our designated Commissioner and always will be. When I spoke to you one night on the telephone Mr. Mayor you shouted so loud “I will resign as the Mayor of the Village of Mount Kisco before I ever appoint Joe Luppino”. “Is that a lie Mr. Mayor???”

Mayor Cindrich replied that he told Mr. Lena that he offered to rescue himself from this and ask one of the other Board members if they would appoint Joe Luppino and they said no.

Mr. Lena replied that this was a personal issue between Mr. Luppino and the Mayor.

Mayor Cindrich replied no it is not.

Trustee Grunthal stated that this is not a personal issue because the Mayor had the support of all the other Trustees. Let me give you what the end result needs to be of this kind of discussion. We want to have four Commissioners and our desire is to have one Commissioner from each Fire House. We interview and qualify under State Law and the piece of paper that you handed to us who that Fire Commissioner will be. The word qualify is a very important word. It means somebody who is qualified and we need somebody who will represent the Village as apposed to representing the Fire Department and it needs to be a person who has a balance between the needs of the Village and the needs of the Fire Department as a whole and the Fire Company that they represent. Mr. Luppino made a presentation to us. He stood at the podium where you are standing now and he yelled at us, he was aggressive at us. We did not get the impression in that meeting that he would represent this Board or the interests of the Village of Mount Kisco. He was interested in representing the Fire Department. The other issue is that he is an employee of the Village and that also raises a question for us in terms of conflicts of interest. So what we want to do is we want to have four commissioners and we want somebody who will know the Mutual Fire House and body who will take a balanced educated approach to the entire situation. There was full support for the Mayor in seeking a Commissioner who could meet the qualifications that we are looking for.

Mr. Lena stated in the past there have been several Fire Commissioners that have been Village Employees.

Mr. Luppino asked Trustee Grunthal what his definition was of yelling.

Trustee Grunthal replied perhaps if you looked at the video tapes you would see that you literally yelled at us.

Mr. Valano replied are you saying because he yelled at you and he is a town employee that's he doesn't qualify.

Trustee Grunthal replied he did not demonstrate to us either in paper or in his presentation the balance that we are looking for in a Fire Commissioner. The procedure may have not been done correctly, but at the end of the day we are looking for the right person.

Mr. Felice asked what can we do to move forward. My first suggestion is communication. We came over here with respect for you and your Board and its unfortunate that possibly some of