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Village Board Minutes - March 7, 2005


Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, March 7, 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 Peter Grunthal

Trustee Anthony Markus

Absent: Trustee George L. Griffin, Jr.

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 keep Joe Arena in our prayers; he was a good guy and will be sorely missed.

Resolution Approving Salary for Police Sergeant

Motion made by Mayor Cindrich and seconded by Trustee DiChiara approving the salary for Police Sergeant from Civil Service Promotional List #7894 of 72,955.00, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Absent

Trustee Grunthal Aye

Trustee Markus Aye

Resolution Approving Salary for Police Lieutenant

Motion made by Mayor Cindrich and seconded by Trustee DiChiara approving the salary for Police Lieutenant from Civil Service Promotional List #88076 of $83,533.00, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Absent

Trustee Grunthal Aye

Trustee Markus Aye

Swearing in of Police Sergeant and Police Lieutenant

Mayor Cindrich swore in Steven Anderson as Police Sergeant.

Mayor Cindrich swore in Louis Terlizzi as Police Lieutenant.

1) Communications -

A. Letter from Michael Bonforte dated February 17, 2005 expressing interest in serving on the Planning Board

B. Letter from Nick Pinetti received February 23, 2005 expressing interest in serving on the Planning Board.

C. Letter from Robert Marino dated February 18, 2005 expressing interest in serving on the Assessment Review Board

D. Letter from Robert Risley dated February 21. 2005 expressing interest in serving on the Byram Lake Committee

E. Resolution Approving Request from the Chamber of Commerce - Re: Sidewalk Sales Days

Motion made by Trustee Markus and seconded by Trustee Grunthal approving the request from the Chamber of Commerce to hold their annual Sidewalk Sales Days Friday and Saturday, September 9th and 10th, 2005 in accordance with prior rules and regulations stipulated by the Village of Mount Kisco, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Absent

Trustee Grunthal Aye

Trustee Markus Aye

  1. Letter from Richard Hardy, Sr. dated March 3, 2005 expressing interest in serving on the Tree Preservation Committee.

  1. Letter from Lanny Hyatt dated March 4. 2005 expressing interest in serving on the Tree Preservation Committee.

2) Petitions - None.

3) Board, Committee and Commission Reports

4) Village Manager's Reports -

A. Level of Byram Lake

Village Manager, Bill Williams, advised that the overall level at Byram Lake continues to be high at 100.4% capacity. The daily average for the month of February was 1,293,517 gallons which is consistent with prior periods.

B. Traffic Promulgation for Locust Street

Mr. Palmer advised that the following promulgation is in response to feedback received from residents in the affected area:

Traffic Rules and Regulations are hereby amended as follows:

No Parking, Standing or Stopping

Locust Street: On its northerly side, from its easterly terminus at West Street to its westerly terminus at Lexington Avenue

C. New York State Department of Transportation - 133/117 Re-Signalization Changes

Village Manager, Bill Williams advised that the comment period has been opened for the proposed change on 133/117. Mr. Williams advised that there appears to be a growing number of letters and input from merchants from Shoppers Park who feel that the change in the traffic signalization would be detrimental to them. Mr. Williams advised that he will send these comments to the Department of Transportation for review. Mr. Williams stated that one of the letters suggested that the D.O.T. study putting in a left turn lane at Green Street. Mr. Williams stated that he contacted Mr. Weiner at the D.O.T. and was advised that he would get back to us after studying traffic counts for that area because signal changes would not be put in unless it meets certain criteria. Mr. Williams advised that Westchester County will be doing the bridge at Lieto and Lexington this year and the Village will be doing Green Street and it might not be prudent to have traffic changes during construction which will go into the late Fall.

Mayor Cindrich advised that he has talked to several of the merchants in and around this location and their landlords may have contributed to this project. One of the issues is that when the Village acquired the properties, the Village may have established a separate taxing district and they have some legitimate concerns with respect to the contribution of property and the contribution of tax dollars with respect to a special assessment district. Mayor Cindrich stated that as an addendum to whatever contract was agreed, this entrance may have been included in the overall plan. Mayor Cindrich stated that there may be a legal position that we should be concerned with.

Mayor Cindrich also addressed an issue that was on Channel 12 this evening regarding the concern about the smaller businesses being effect by Target. Mayor Cindrich stated that he will do everything that he can to facilitate their success and will not do anything that would have a negative impact on what they are doing. Mayor Cindrich asked Mr. Williams if we can experiment with coning on an "off-traffic day" to see how many parking spaces we would lose in front of the Library and Village Hall and if we can maintain the left turn lane and also relieve the stacking of cars going North on 117. Mayor Cindrich said that he is reluctant to rush into this because there is a legitimate concern from the businesses.

D. Proposed Fee Schedule Changes

Village Treasurer, Thomas Warren, gave an update of the proposed Fee Schedule Changes as follows:

BUILDING DEPARTMENT FEES - 2005

Existing Fee Proposed Fee

A112-51 Building Construction

Type of Permit/Approval

A - Building Permit - Filing Fee (per submission)

0

$100

Building Permit - Permit Fee

Work started without a permit

$50 plus $7.50 / thousand dollars (cost of construction) to the next even thousand dollars

0 (same cost as original)

$10.00 / thousand dollars (of project value) including bldg, plumbing, electrical, mechanical and site work) to the next even thousand dollars

Triple original cost

B - Plumbing Permit

Plumbing Fee where work started prior to obtaining permit

Gas Test (Blue Card for Con Ed)

Gas Test Fee where work started prior to obtaining permit

$40 plus $4 per fixture

0 (same cost as original)

$30.00

0 (same cost as original)

$50 plus $10 per fixture over 5 fixtures

Triple original cost

$50 for first 3 appliances ($10 ea. fixture thereafter)

Triple original cost

Certificate of Occupancy Fee (Temp. CO same

C.O. Fee where work started prior to obtaining permit

$35.00

0 (same cost as original)

$50 or 1/10 of 1% of project value, whichever is greater (see above) as attested to by Project R.A. and/or P.E.

Triple original cost

A112-1 General & Miscellaneous Permit & Services

File Search & Copy (i.e. C.O., C. of C. Predate Letters, Violations)

$10 per

$20 per

Proposed Fee Schedule for Planning and Zoning Functions

Description

Current Fee

Proposed Fee

PLANNING BOARD

Conceptual Application Review Fee (see §A112-94)

* Site Plan / Change of Use Permit Application Fee (see §A112-110)

* Subdivision Application Fee (see §A112-94)

* Wetland and Drainage Control Permit Fee

(see §A112-107)

Value of Project under $5,000

Value of Project over $5,000

Recreation/Parkland Fee per proposed unit

$150

$300 (plus $50 per required parking space or $75 per proposed dwelling unit)

$500 (plus $400 per newly created lot)

$100

$100

$5,000

$400.

(Note: Fee to cover Village costs - i.e., AKRF Planner and Village Engineer. See also Note 1 below)

$500 (plus $75 per required parking space or $100 per proposed dwelling unit)

$750 (plus $500 per newly created lot)

$500

$1,000

$7,500

Required Planning Escrow Deposit (*)

Number of Proposed units:

5 or fewer

6 to 20

21 to 40

Site Plans, Special Permits:

Minor site plan

Other site plan

Special permit

Code amendment

Area site plan

Fee in lieu of parking for CB1, CB2 and OD districts

Initial Deposit

$1,000

$3,000

$5,000

$1,000

$3,000

$5,000

$10,000

$10,000

$10,000

Initial Deposit

$5,000

$10,000

$25,000

$2,500

$5,000

$5,000

$10,000 an acre with a minimum

payment of not less than $10,000

$20,000

$25,000

The Planning Board is authorized to require escrow deposits in amounts they deem necessary or appropriate.

ARCHITECTURAL REVIEW BOARD (ARB)

Sign Applications

Residential Minor Additions/Alterations

(projects under $5,000)

Residential Major Additions/Alterations

(projects exceeding $5,000)

Residential New Construction

Commercial Additions/Alterations

Commercial New Construction

(Note: Currently, there is no fee to appear before the ARB)

None

$100

$25

$100

$150

$200

$250

ZONING BOARD OF APPEALS (ZBA)

Single Family Application Fee

Two-Four Family Dwelling Application Fee

Commercial and Multi-Family Exceeding Four Dwellings

(Note: Currently, the fee schedule only provides a flat fee for entire application process)

$130

$130

$130

$130

$250

$500

Type of Use

Fee

Proposed Fee

Single-family Residential

$500, plus $495 for each bedroom in excess of 3

$1,000, plus $500 for each bedroom in excess of 3

Two & Three Family Residential

$650, per dwelling unit plus $187.50 for each bedroom in excess of 2

$1500 per dwelling unit plus $500 for each bedroom per dwelling unit in excess of 2

Multi-family Residential

$650, per dwelling unit plus $200 for each bedroom in excess of 2

$1500 per dwelling unit plus $500 for each bedroom per dwelling unit in excess of 2

Medical/Dental Offices

$375 per thousand square feet or part thereof

$1,000 per thousand square feet or part thereof

All Other Offices

$312.50 per thousand square feet or part thereof

$1,000 per thousand square feet or part thereof

Restaurants, Bars and Cocktail Lounges

$1,750 per thousand square feet of patron and kitchen area or part thereof

$3500 per thousand square feet of patron and kitchen area or part thereof

Laundromats and Cleaning Establishments

$1,000 per on-premises washing machine

$2,000 per on-premises washing machine

Other Retail Uses

$312 per thousand square feet or part thereof; $1,000 minimum

$650 per thousand square feet or part thereof; $1,000 minimum

Hospitals, Clinics and Nursing Homes

$900 per patient bed

$1,300 per patient bed

Hotels, Motels and Rooming Houses

$900 per room, plus fee above provided for and restaurant, bar or cocktail lounge area, plus $500 per thousand square feet or part thereof of banquet and conference areas

$1,300 per room, plus fee above provided for and restaurant, bar or cocktail lounge area, plus $750 per thousand square feet or part thereof of banquet and conference areas

Industrial, utilizing unrecycled water , commercial car washes

$2,500 per thousand square feet or part thereof

$4,000 per thousand square feet or part thereof

Other industrial, warehouse and wholesale uses

$350 per thousand square feet or part thereof (footprint)

$700 per thousand square feet or part thereof (footprint)

Uses not otherwise specified above

$500 per thousand square feet or part thereof

$1,000 per thousand square feet or part thereof

Type of Use

Fee

Proposed Fee

Water Service Charges (Includes meter re-read after first N/C Meter testing, and Markouts

$100, per man hour or part thereof during $300 min. after hours and on Saturday $450 min Sunday and Holidays

Water Shut off/ on during normal hours. Any other time overtime charges apply

$50 each Water Turn on and off during normal hours

Hydrant Usage

Permit = $200 per day or part thereof with a $500 Deposit

All labor and Materials will be billed to the owner when taps of 2" or less are made. The village will not be responsible for taps greater in size than 2".

Type of Use

Fee

Proposed Fee

Single-family Residential

$500, plus $495 for each bedroom in excess of 3

$1,000, plus $500 for each bedroom in excess of 3

Two & Three Family Residential

$650, per dwelling unit plus $187.50 for each bedroom in excess of 2

$1,500 per dwelling unit plus $500 for each bedroom per dwelling unit in excess of 2

Multi-family Residential

$650, per dwelling unit plus $200 for each bedroom in excess of 2

$1,500 per dwelling unit plus $500 for each bedroom per dwelling unit in excess of 2

Medical/Dental Offices

$375 per thousand square feet or part thereof

$1,000 per thousand square feet or part thereof

All Other Offices

$312.50 per thousand square feet or part thereof

$1,000 per thousand square feet or part thereof

Restaurants, Bars and Cocktail Lounges

$1,750 per thousand square feet of patron and kitchen area or part thereof

$3,500 per thousand square feet of patron and kitchen area or part thereof

Laundromats and Cleaning Establishments

$1,000 per on-premises washing machine

$2,000 per on-premises washing machine

Other Retail Uses

$312 per thousand square feet or part thereof; $1,000 minimum

$650 per thousand square feet or part thereof; $1,000 minimum

Hospitals, Clinics and Nursing Homes

$900 per patient bed

$1,300 per patient bed

Hotels, Motels and Rooming Houses

$900 per room, plus fee above provided for and restaurant, bar or cocktail lounge area, plus $500 per thousand square feet or part thereof of banquet and conference areas

$1,300 per room, plus fee above provided for and restaurant, bar or co