Village Board Meeting - December 19, 2005

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, December 19, 2005 at 7:30p.m. in the Frank J. DiMicco Board Room, Village Hall, 104 Main Street, Mount Kisco, New York.

Present: Mayor J. Michael Cindrich

Trustee Peter DiChiara

Trustee George L. Griffin, Jr.

Trustee Anthony Markus

Trustee Grunthal arrived at 8:35pm

Also Present: William Williams, Village Manager/Clerk

James Palmer, Assistant Village Manager

Whitney Singleton, Village Attorney

Mayor Cindrich opened the meeting with the Pledge of Allegiance and asked everyone to please reflect on why we are here and asked for guidance in the decisions that we make this evening will benefit the entire community. Mayor Cindrich also asked that we remember all those that we have lost during this past year.

1) Communications:

A. Letter from Mount Kisco Rescue Fire Police dated December 1, 2005 advising that Raymond Zaccari has been appointed Fire Commissioner.

2) Petitions: None

3) Board, Committee and Commission Reports: None

4) Village Manager's Reports -

A. Letter of Byram Lake

Mr. Williams advised that the level of Byram Lake was at 102.6% and as of November the average pumping was 1,417,408 gallons.

B. Mr. Williams advised that Marcelo Videla has been appointed Laborer in the Sanitation Department.

C. Resolution Scheduling an Executive Session

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

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

D. Green Street Bridge Report

Mr. Williams advised that Chas. H. Sells has reported that the contractor, Burtis Construction, has provided a new project Superintendent, has completed excavation and de-watering, poured concrete pile caps, and that the pre-cast bridge units are scheduled for delivery on December 27, 2005. Mr. Williams said that bearing any unforeseen weather conditions the installation should take two to three days for completion. Mr. Williams advised that the report indicates that the contractor is performing in accordance with the revised schedule updated by Burtis on November 30, 2005.

E. Resolution Approving Request from Sisqua Council

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request from Sisqua Council to erect a nativity scene on Village property in the vicinity of Village Hall, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

5) Mayor's Reports

Mayor Cindrich advised that he wrote a letter recognizing Neighbors Link as the official hiring site and also wrote a letter to First Data Western Union Foundation in support of a grant that they are applying for. Mayor Cindrich said that this Board continues to support Neighbors Link as the recognized hiring site for the Village of Mount Kisco and we are working towards their further successes.

Mayor Cindrich advised that the Village Board met with the Library Board to discuss logistical issues relating to the upcoming construction project and will keep the public aware as the project moves along.

Mayor Cindrich also advised that he continues to meet with State Officials; Senator Liebell and Senator Bradley and the Town of Bedford concerning traffic issues.

Mayor Cindrich read a letter from Karen Schleimer resigning as Chairperson of the Zoning Board of Appeals.

Mayor Cindrich advised that he received a letter from 333 North Bedford Road, the purchasers of the Grand Union property. Mayor Cindrich said that there are a number of issues that this Board will be working on regarding the construction and operation of the soccer field and the storage space allocated to the Village.

Mayor Cindrich addressed an anonymous letter he received regarding the Chief Kisco statue that stands prominently in the Village. Mayor Cindrich said that he will make sure that this statue retains its prominence in the Village and asked that the person contact him personally to discuss.

6) Old Business

A. Resolution Appointing Chairman to the Zoning Board of Appeals

Motion made by Trustee DiChiara and seconded by Trustee Griffin, Jr. appointing Don Rose as Chairman to the Zoning Board of Appeals, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

B. Resolution Appointing Chairperson to the Architectural Review Board

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. appointing Nancy Abramson as Chairperson to the Architectural Review Board, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

C. Resolution Appointing Chairperson to the Landmark & Historical Preservation Commission

Motion made by Mayor Cindrich and seconded by Trustee DiChiara appointing William Stewart as Chairperson to the Landmark & Historical Preservation Commission, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

D. Resolution Approving Request from Chabad Lubavitch of Westchester County

Motion made by Trustee DiChiara and seconded by Trustee Markus approving the request from Chabad Lubavitch of Westchester to erect a menorah on Village property (between the Library and Route 117 & 133, north of the War Memorial and East of the Christopher Statue) from December 22, 2005 through January 5, 2006, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

7) New Business

A. Resolution Authorizing Village Manager to Sign Community Block Grant

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. authorizing the Village Manager to sign the Westchester County Community Block Grant Contract for the Green Street Bridge Restoration, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

B. Resolution Authorizing Village Manager to Sign Lothrop Associates Agreement

Trustee DiChiara stated that he felt that there were a lot of items that needed to be reviewed and suggested that the Board review them, make comments and forward them to the Village Attorney for review and report.

Motion made by Mayor Cindrich and seconded by Trustee Markus to table Resolution, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

C. Resolution Approving Universal Weather and Aviation Service Agreement

Mayor Cindrich asked Village Manager, Bill Williams, how this information is transmitted to the Village.

Mr. Williams advised that the information is faxed to the Police Department, Highway Department and Manager's Office.

Mayor Cindrich said that he would like to review this data and would like to receive a timely copy when it comes across. Mayor Cindrich said that he is concerned with redundancy because the State transmits weather conditions via teletypes to the Police Department. Mayor Cindrich asked that Mr. Williams also check to see if this information is available via e-mail.

Resolution Approving Universal Weather and Aviation Service Agreement

Motion made by Mayor Cindrich and seconded by Trustee Markus approving the Universal Weather and Aviation Service Agreement, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

D. Stipulation of Settlement and Contract with Town and Country

Village Attorney, Whitney Singleton, advised that several years ago a Federal lawsuit was filed against the Village regarding the proposed expansion of the Town and Country Assisted Living Facility on Mountain Avenue. Mr. Singleton stated that the owner of the 4.2 acre site wished to enlarge the facility substantially but the use at this location is a pre-existing, non-conforming use which means that it was not allowed as of right within that zone. Mr. Singleton stated that Town and Country was denied Planning Board approval and Zoning Board approval and the Village was thereafter sued. Mr. Singleton said that the commencement of the action was based upon violation of various Federal Acts; i.e. Americans with Disabilities Act and Fair Housing Act. Mr. Singleton said that this action has been defended by counsel appointed by the Village's insurance company and has been in litigation for approximately seven years. Mr. Singleton said that in the past discussions went back and forth with respect to proposals and suggested stipulations, none of which went anywhere because they always involved some degree of an expansion of up to 150% to 250% of what is currently on the site. Mr. Singleton said that at the same time the Village has been going through Request for Proposals for the development of the lower eighteen acres of the Swiss Benevolent Property. Mr. Singleton said that this is a much more substantial site that can be easily screened with access from Kisco Avenue. Mr. Singleton said that based upon suggestions from Mayor Cindrich and the Board of Trustees the Board began exploring the possibility of doing some degree of land swap with Town and Country whereby a facility could be built on a location that would be more appropriate. Mr. Singleton said that this proposal will be very beneficial to the Village with the applicant being provided with an 18 acre piece of property. Mr. Singleton said that Town and Country would be responsible to get all the necessary approvals and permits from the respective Boards and there will be no compromises with respect to the permit and approval process. Mr. Singleton said that if the developer cannot get the necessary permits and approvals from the Boards, then the Village will be back to litigation, but if they are successful in getting the necessary permits and approvals, it will end the litigation with Town and Country and the litigation will be terminated and will not be able to be brought against the Village again. Mr. Singleton said that in addition the Village will be receiving all back-fees that are owed to the Village, will receive $3.5 million dollars for the Swiss Benevolent property and will receive the entire Town and Country site with the buildings removed and property restored to their natural state. Mr. Singleton said that this 18 acre site is much more suitable for an assisted living facility because of the access from Kisco Avenue. Mr. Singleton said that the application will be for a 129 unit assisted living facility with a total population on the facility of not more than 163 people. Mr. Singleton said that this is in keeping with what the Village was hoping for and on top of that, the Village is getting rid of a non-conforming use and receiving double the value of what the Village was previously receiving under the old contract.

Mayor Cindrich said that the Village has been in litigation for many years with Town and County and have wasted an enormous amount of time and effort. Mayor Cindrich said that whether the merits of the case would stand in court is not something that we have to decide right now. Mayor Cindrich said that the Village will benefit from acquiring the Town and Country site because the property will include being free and clear of all buildings, contaminants, any environmental problems. Mayor Cindrich said that over the past two years he has spent several hundred hours reviewing proposals, analyzing engineering problems, reviewing DEP regulations and working towards and equitable disposition of the Swiss Benevolent property. Mayor Cindrich said that when the Village put out the Request for Proposals, the Board was not satisfied with any of the proposals they received. Mayor Cindrich said that it would have been the easy way out to have sold this property to the first person that came in the door but that would not have been in the best interest of the entire Village. Mayor Cindrich said that Town and Country will be depositing 10% of the purchase price and within a year that 10% becomes Village money whether or not the project is approved. Mayor Cindrich said that the Village Board is not working unilaterally with the Planning and Zoning Boards, but have discussed the concept with them. Mayor Cindrich said that he is looking to develop something on this site because the Village needs the additional assessments. Mayor Cindrich said that the Swiss Benevolent property should never have been taken off the tax rolls and it is this Board's responsibility to make sure that it is put back on the tax rolls in conformance with the Village's Zoning Ordinance. Mayor Cindrich said that what we will see now is development in accordance with the Village's Zoning Ordinance, guide the growth and development in accordance with the Village's Master Plan, preserve and protect environmentally sensitive areas, encourage the sound management of our natural resources, protect residential neighborhoods from the intrusion of incompatible uses, prevent and reduce traffic by having a use that is a low traffic generator, and move towards the gradual elimination of non-conforming uses. Mayor Cindrich said that this proposal will finally resolve the issue of the Swiss Benevolent property in totality with the Village receiving payment of back fees and is more than satisfied with this effort and is glad to be a part of this negotiation. Mayor Cindrich said that the Village is not only going to have a tax ratable, we are going to create employment opportunities and provide assisted and independent living for our senior citizens

Mr. Singleton advised that once the applicant has been approved, the applicant has agreed to put conservation easements on the balance of the acres so that there will be no further development of that land and additional restrictions that there will never be a sub-division of this property. Mr. Singleton asked that the Board amend the Stipulation Agreement this evening to incorporate an easement agreement for trails and access.

Trustee Markus made the following comments: "I initially opposed any development of the former Swiss Benevolent property. I am concerned about developing the beautiful vistas seen as a result of this preserved property. I am also concerned with increased traffic. We own it and I would have liked to have seen it remain totally open space. However, given the following factors; 1) need for proceeds to pay for much needed capital projects; 2) the relatively low impact on traffic from this project; 3) commitment by the developer in conjunction with the hard working Planning Board to insure that the building be constructed in the most unobtrusive and ascetically pleasing manner on the hill; 4) commitment of the Mayor and this Board to insure in one form or the other, the remainder of the Swiss Benevolent property not be developed including the ridge line and up to the top of the hill by permanent conservation easements or purchase by an entity committing to maintain such preservation and to be instituted before close of sale; 5) and the further commitment that any land received in conjunction with this project - the Town and Country property, either not be developed or developed in a conscientious and reasonable manner in scope and size, type and taking into serious consideration the neighbors at or near the property as well as the comments from our residents as a whole.

Trustee Griffin, Jr. said that this applicant is a quality company, they have looked at one of their facilities in Southbury, Connecticut and it was very well run, very clean and very professional. Trustee Griffin, Jr. said that traffic and essential services will have a minimal impact on the Village and no impact on our schools. Trustee Griffin, Jr. said that this project will reinforce the Village's intent with respect to the Master Plan, eliminate a non-conforming use and will benefit the entire Village.

Trustee DiChiara said that he is very happy to see that we are getting close to a settlement and is confident that the Planning Board will do a good job with reviewing this project. Trustee DiChiara thanked the Mayor for not succumbing to the political pressure and selling the property prior to the election because the Village would not have gotten all the benefits that Mr. Singleton highlighted this evening. Trustee DiChiara said that besides the money that the Village will be receiving, the Village will be saving the ridge line which is important to Mount Kisco as a whole. Trustee DiChiara said that we need to keep as much open space as possible and recommended that some housing be built along Mountain and Willis Avenue and that the Board should preserve as much open space for the use of all Mount Kisco residents and would like to see a portion of the money go into an open space fund.

Mayor Cindrich said that Trustee Grunthal had a family emergency this evening and will try to make the meeting but he had echoed the sentiments of this Board that he is in agreement and that this is the best deal for the Village. Mayor Cindrich said that he also would like to see a few homes built, but is extremely pleased that the Village will be preserving the ridge line and that a portion of the Mountain Avenue property will be reserved for recreation. Mayor Cindrich said that he will ask that we reserve at minimum an acre of land on the ridge line for the construction of an additional water tower to be built in accordance with good management techniques. In closing, Mayor Cindrich said that we are on the right track and within a year the property will be back on the tax rolls if everything goes according to plan.

Resolution Approving the Stipulation of Settlement with Town & Country

Motion made by Mayor Cindrich and seconded by Trustee Markus approving the Stipulation of Settlement and authorizing the signing of the Contract with Town and Country for the exchange of the Swiss Benevolent Property to include easements on the property that will be conveyed to the developer for both hiking and access to the Village's infrastructure and to also include a minimum of four parking spaces reserved for that purpose, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

D. Resolution to consent for Green Lane Cell Tower Consignment and Co-Location

Mayor Cindrich said that this consignment will not have any effect on the current holder of the agreement. Mayor Cindrich said that this is not extending the lease and will not have any affect on the terms of the lease.

Village Attorney, Whitney Singleton, said that by signing this agreement before the end of the year, the Village will receive an additional $20,000 on top of our current lease agreement.

Motion made by Trustee DiChiara and seconded by Trustee Markus approving the Green Lane Cell Towner Consignment and Co-Location and further gives the Village Attorney the authority to make any changes that is deemed to be necessary and further that the $20,000 shall be put into the Capital Reserve Fund and the Green Space Acquisition Fund, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Not Present

Trustee Markus Aye

Trustee Grunthal arrived at 8:35pm

8) Bills -

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

General Fund $189,426.96

General Fund Claims $151,860.59

Water Fund Claims 27,063.61

Sewer Fund Claims 9,315.89

Library Fund Claims 1,131.87

Capital Fund Claims 55.00

Water and Sewer Fund 52,908.75

General Fund Claims 67.00

Water Fund Claims 36,096.66

Sewer Fund Claims 16,745.09

Library Fund 25,689.39

Capital Projects Fund 4,715.24

Trust in Agency Fund 19,235.23

General Fund Claims 1,315.00

Trust & Agency Claims 17,920.23

____________

TOTAL $291,975.57

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

9) Approval of Minutes -

Motion made by Trustee Markus and seconded by Trustee Griffin, Jr. hereby approving the following minutes:

December 5, 2005 Regular Meeting, Town Annual Meeting and Village Annual Meeting.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

10) Non-Local Business - None

11) Public Comment - None

Trustee DiChiara asked when the Mount Kisco Pizza Renovation will be completed.

Assistant Village Manager, James Palmer, advised that it is moving right along and should be completed sometime the end of January.

Mayor Cindrich said that he looks forward to the New Year and encouraged everyone's participation in Village Government in the coming year and on behalf of his family wished everyone Happy Holidays.

There being no further business to come before the Board a motion to close the meeting was made by Trustee Markus and seconded by Trustee Griffin, Jr., all in favor.

8:45pm.

__________________________

William F. Williams

Village Manager and Clerk

Regular Meeting December 19, 2005 2.

Created by superuser. Last modified 2006-02-02 11:45:36.