Welcome to the Village/Town of Mount Kisco, NY: Village Board Meeting

Minutes of the Regular Meeting of the Board of Trustees of the Village/Town of Mt. Kisco held on Monday, March 21, 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 Peter Grunthal

Trustee Anthony Markus

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 in our prayers Peter DiChiara's aunt who passed away over the weekend. Mayor Cindrich also asked that we keep in our prayers Father Ralph Villani of St. Francis of Assisi Church who is ill and is in St. Vincent's hospital.

Mayor Cindrich and the Board recognized Major Michael Corry of the United States Marine Corp. Mayor Cindrich stated that Major Corry represents the best this country has to offer, a Major in the Marine Corps who has been on active duty since January 2004. Mayor Cindrich stated that Major Corry has been a resident of Mount Kisco since 1998 and, on behalf of the Mount Kisco community, thanked him for his commitment to our Country and the sacrifices he has made in protecting the world.

Mayor Cindrich swore in the following Mount Kisco Rescue Fire Police Officers: Joseph Cavallero, Gilmar Palacios Chin, and Patrick Fay.

1) Communications -

A. Letter from Rev. Ralph Villani advising of their intensions to hold their annual procession on Good Friday, March 25, 2005 as detailed in his letter dated March 10, 2005.

B. Letter from Jim Reichert dated March 16, 2005 expressing interest in serving on the Planning Board.

C. Resolution Approving the Memorial Day Parade

Motion made by Mayor Cindrich and seconded by Trustee Griffin, Jr. approving the request from the Memorial Day Parade Committee to hold the Memorial Day Parade on Monday, May 30, 2005 and further requested that the Memorial Day Committee contact the Chamber of Commerce to work out concerns expressed by the Chamber of Commerce with respect to next year's parade, all in favor.

Motion Adopted

Mayor Cindrich Aye

Trustee DiChiara Aye

Trustee Griffin, Jr. Aye

Trustee Grunthal Aye

Trustee Markus Aye

PUBLIC HEARING

PROPOSED 2005 REVENUE FEE SCHEDULE

Village Treasurer, Thomas Warren, gave an overview of the proposed fee 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)

$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

$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

Initial Deposit

$5,000

$10,000

$25,000

$2,500

$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

$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 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

Sewer Backups When the lateral backs up and has nothing to do with the Sewer main		$100, per man hour or part thereof during $300 min. after hours and on Saturday $450 min Sunday and Holidays
Special Note to the Home Owner: The plumber is responsible for the saddle and tap installation and materials

Anthony Giardina stated that he generally agrees with the fee changes, they are on the right track but would like the Board to take the opportunity to rectify a few of the inequities in these fee schedules especially when it comes to Building Department fees based on costs. Mr. Giordina said that it seems that when these fees were initiated many years ago, they were always based on the cost of the construction and when they were initially formulated construction was not as complex as it is today and determining the cost of the building was a lot easier to do before construction and bids were received. Mr. Giordina said that costs seem to be all over the map and asked that the Board consider revising a way of assessing the fees, other than costs, by using either the type of building, size of building or a combination thereof. Mr. Giordina said that there may be a small building that doesn't require a lot of inspection time, but the cost of that structure could be very high if they are using very expensive equipment or high priced fixtures and asked that a per-square foot basis, coordinated with the type of construction, be used to establish the Building Department fees.

Mayor Cindrich stated that including higher level fixtures in a home would not be used for establishing Building Department Construction fees, but would rather be used when assessing the property. Mayor Cindrich stated that it is the Building Inspector's responsibility to establish the fees appropriately and not assessing these fees by adding the little nuances that might spike the sale of the home. Mayor Cindrich said it would be disingenuous for a Building Inspector to do his inspection fees based on the selling price of the house.

Trustee DiChiara stated that we did eliminate some fees for the homeowner and increased the fees for larger buildings to take these concerns into consideration. Trustee DiChiara stated that the Building fee is a flat percentage and is a means that if someone is able to afford a more expensive type of construction, the fees would be greater.

Trustee Griffin, Jr. stated that the fees are equitable because if the average person puts a $30,000 addition on their home, they would be paying $10 per 1,000 of cost and when you do a large commercial job we are talking about hundreds of thousands of dollars so in proportion, they will pay that much more. Trustee Griffin, Jr. stated that as far as the cost of the job, there are average costs for certain construction and the Building Inspectors are aware of those costs and that is what they base the fees on.

Mr. Giardina asked that under Planning Board, Minor Site Plan fees, should it be better described to prevent a misunderstanding in the future so as to delineate between minor and major.

Mayor Cindrich said that this was a good observation and would review this.

Village Attorney Whitney Singleton stated that with regard to Site Plan Application Fees, whether they are minor or major subdivisions, the application requires, in addition to the base fee, an additional fee of $75.00 per parking space (previously $50.00). Mr. Singleton said that the question is how that would be applied if you have a 200,000 square foot site that is coming in for a minor modification. Mr. Singleton said that if they come in to correct a problem, it might not be appropriate to collect $80,000 on an application fee, but on the other hand if they are tearing down a 200,000 square foot building and putting another one up, you would want to trigger that fee because it is reflective of the amount of work that goes in by staff to review the application.

Mayor Cindrich said that when we are reconfiguring a parking lot, increasing or decreasing parking requirements, creating more esthetically pleasing parking lots with safer traffic flows, I think that we would have to charge those parking fees.

Village Board Meeting - March 21, 2005