HomeMy WebLinkAboutTB-11/21/2000-S 1 .13
SOUTHOLD TOWN BOARD
NOVEM 3ER 21,2000
SPECIAL MEETING
Work Session:
Present: Supervisor Jean W. Cochran, Councilman William D. Moore, Councilman Craig A. Richter,
Town Clerk Elizabeth Neville, and Comptroller John Cushman.
9:00 a.m. — Review of Fees with Departments -Town Trustees President Albert Krupski, Jr.
appeared before the Town Board to discuss their fees. He stated that he felt it was time that the Town
Board review all fees for all services. Not necessarily to make a profit, but at least to be sure that all
fees pay for themselves. He said that the application fee is something that they discuss from time to
time. They set their fees in January. A lot of their applications are for minor things and they feel that
$150.00 is excessive. They are of the opinion that the fee should be reduced for smaller projects such
as putting up a fence. Supervisor Cochran asked him what some of their major projects are. Houses
are the biggest, projects where people are spending a considerable amount of money. Mr. Krupski
suggested making two categories for applications. Waivers could go to $50.00 from $40.00.
Supervisor Cochran asked if they do an inspection on these. Mr. Krupski answered yes, they do one
inspection on them. He said that inspections can sometimes be a problem. They go down to do the
inspection, but the applicant is not ready for it, so they keep going back and back again. They would
like to make an additional inspection fee. Supervisor Cochran asked what they recommend. Mr.
Krupski answered $40.00 for an amendment fee. If you do the house this year and then have to come
back again for a deck. Supervisor Cochran asked if they were open to $50.00 and stated that she
would like to see the fees balance the department budget. Mrs. Cochran asked Mr. Krupski about
"grandfather fees". He replied that there are very few of these. Councilman Romanelli suggested
making them all $200.00. Mr. Krupski said no, because some of these are for very minor projects.
He suggested making a different category for major projects that are outside of our wetlands
jurisdiction. For example, if you had a house that is more than 100 ft. back from the wetlands so that
it doesn't require a wetlands permit, you could make a comparable category to collect a review fee.
Contruction fees over Trustee lands are $3.00 per sq. ft., so we are way ahead of Southampton on this
one, they only charge $1.50. Mr. Krupski advised that most of the creeks are full and have a waiting
list. They have closed the creeks down to new moorings. There are so many more new people in
town that they just can't accommodate them. Councilman Moore questioned if there are many
unused moorings. Mr. Krupski said that there are quite a few, but then some people just come out for
two weeks during the summer and use them. Supervisor Cochran voiced her opinion that the fees
should go to $200.00. Councilman .Richter suggested increasing the per foot fee too. Supervisor
Cochran said that she is aware that a lot of people pay the renewal fee just so their view of the water
doesn't get spoiled. It was suggested that a fee of $250.00 be established for duck/goose blinds.
John Cushman had recommended this. The mooring renewals are not inspected annually. Supervisor
Cochran asked if they have an inventory of all moorings? Mr. Krupski said that they do have a map
of everything. Supervisor Cochran said that they have three bay constables and she doesn't see why
they can't inspect them. She said that the fees for moorings, pilings and stakes will definitely be
raised. Requests for extensions or transfers of permits. This-fee is currently very low $10:00; $40.00
if an inspection is needed. You can get up to two, one year extensions then that's it. Sometimes
people have trouble with the DEC or have health problems that causes delays in their projects. This
is another area that could.be raised. Trustee Krupski asked Assessor Robert Scott who was present if
putting in a dock raises the assessment on the property? Mr. Scott said yes, but the problem is that
they are not getting copies of the permits from the Trustees. Mr. Krupski said that he will see that
they get the information. Assessor Chairman Robert Scott said that the only fee that they have is
for a copy of the computer tape of tax assessment roles for $675.00 which he feels is sufficient.
Zoning Board of Appeals Chairman Gerard Goehringer advised that the only fee that he wishes
NOVEMBER 21, 2000 SOUTHOLD TOWN BOARD
114
to discuss to raise is for special event permits which are currently $50.00. Applications involving
fences, accessory structures or accessory buildings, alterations or additions less than 200 sq. ft. in
floor area are $150.00. He recommends going to $250.00 on sheds and accessory buildings
containing over 200 sq. ft. All other variances range from $250.00 to $600.00. Mr. Goehringer
advised that after he leaves the Zoning Board the Town will have to go out and get an an engineer to
do applications for variance from Town Law Section 280A. He suggests building an engineer's fee
into it now. Mr. Goehringer said that he, Robert Douglas, and Charles Grigonis were the only
members that knew how to do these. After he is gone, it will be necessary to get an engineers
inspection, perhaps Jamie Richter could do these. It is quite an involved situation. They have to
exhume the soil and fill it with the proper bas material for the road bed. He suggested at least a
$250.00 fee for an outside engineering report. Interpretations are $200.00. Re-hearings are the same
original fee that was charged initially. Special Events Permits are the ones that need attention. They
create multitudes of people,traffic,parking, and security problems. Most of these wineries and farms
tend to be very bleak and dark at night, so lighting must also be addressed. The wedding business at
these wineries has become extremely lucrative. Therefore, these problems are rapidly multiplying
and need to be addressed in the near future. Supervisor Cochran said that she would recommend a
$200.00 fee at minimum, possibly more. Mr. Goehringer said that the Sprint application on Elijah's
Lane is still pending. They moved the December meeting to January because they are still tied up
with Novembers applications. Building Department Head Edward Forrester — Mr. Forrester
advised that the Building Department fee schedule that the Town Board had before was enacted by
Local Law No. 26 or 1992. He said that the review process has become a lot more complicated and
rigorous. Everything is a lot more complicated. The clerical work has become more extensive as a
result. Mr. Forrester stated that an application fee should be made non-refundable or a flat fee put in
place for an amendment. Sometimes people change their minds.mid amide.to build u different house.
Meanwhile, a great deal of work has gone in to the application by the Building Department. Mr.
Forrester suggests a$75.00 non-refundable application fee plus whatever the actual permit fee works
out to be. Sometimes people turn in anything in the way of house plans just to get in line, then we
start issuing the permit and find out that the house is not really what they wanted. When this happens
I want them to pay me for the permit,then apply to the Town Board for a refund, and then start again
with a new application. Councilman Moore thought that perhaps an architects certification and an
affidavit on the plans would help. Councilman Richter suggested two categories for minor and major
amendment or a whole new application. Minor would be a wall or window, major adding a room or
floor. There would have to be a reapplication fee or amendment fee. Mr. Forrester suggests a
penalty fee of$100.00 plus an extra $.25 per foot for "as built" situations. Swimming pools, above
and below ground, the work that goes into them is identical. No change in fee is recommended for
these. He said that all other fees are covered under accessory buildings,therefore there is no need for
a separate category. Disapprovals are $25.00. All signs are $50.00 each regardless of size. Mr.
Forrester will work on fees for certificates of occupancy, major/minor amendment applications.
Planning Board — Craig Turner, Robert Kassner— Mr. Kassner said that the fees have not been
reviewed in 12 years. Fees for site plans are in need of increasing. He submitted comparisons from
other towns. The fees for a new site plan are currently$150.00 per acre, plus $.25 per square foot of
building area. The Planning Board is proposing to change it to $400.00, plus $.55 per square foot of
building area. Revised site plan from $150.00, plus $.25 per square foot to $400.00, plus $.55 per
square foot of building area. Craig Turner did a presentation on subdivision fees and park &
playground area. Subdivision fees in Southold Town are pretty much the highest,the only one higher
is Southampton Town when you go over 20 acres. Park and Playground fees are very low at
$2,000.00 per lot. The Planning Board would like to raise it to $5,000.00 per lot. Fees in the Town
Clerk's Office were reviewed. Junkyard permit fees will be looked at in the future. Shellfish was
discussed, but it was decided not to raise them. Beach permit fees were discussed and the Town
Board decided to raise the non-resident daily beach parking fee from $8.66 to $20.00 per day,
effective January 1, 2001. (See resolution number 2). Landfill fees will be reviewed with James
Bunchuck, Solid Waste Coordinator in the future.
This work session ended at 12:00 p.m. noon.
215 SOUTHOLD TOWN BOARD NOVEMBER 21,2000 .
SPECIAL MEETING
A Special Meeting of the Southold Town Board was held on November 21, 2000 at the Southold
Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 12:00 p.m. noon with
the Pledge of Allegiance led by Town Clerk Neville.
Present: Supervisor Jean W. Cochran
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A-Neville
Town Attorney Gregory F. Yakaboski
#1.
On motion by Councilman William D,Moore,seconded by Councilman John M.Romanelli,
r BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED FEBRUARY 2.9, 2000 AND AMENDED NOVEMBER 21,
2000, APPROPRIATING THE AMOUNT .OF $266, 000 FOR THE
INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD
SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN,
INCLUDING THE EXPENDITURE OF $71, 00.0 OF AVAILABLE TOWN
FUNDS . TO. PAY A PART OF SAID APPROPRIATION, AND
AUTHORIZING THE .ISSUANCE OF $195, 000 SERIAL BONDS OF
SAID TOWN TO FINANCE THE' BALANCE OF SAID APPROPRIATION.
Recital
WHEREAS, the Town Board of the Town of Southold (herein
called the "Town Board" and the '.'Town", respectively) , in the
County of Suffolk, New York, acting on behalf of the Southold
Solid Waste Management District (herein called the "District") ,
in the Town, has heretofore determined .to increase and improve .
the facil-'ties of the District and, after a public hearing duly
called and held, the Town Board has determined, pursuant to the
Resolution and Order After Public Hearing duly adopted on this
date, that it is in the public interest to so increase and
improve the facilities of the District as described and at the
increased cost specified in said Resolution and. Order After
Public Hearing, and ordered the purchase of a new .payloader, at
the estimated maximum cost of $266, 000 and that the Engineer
prepare specifications and an estimate of the cost and, with the
116 NOVEMBER 21, 2000 SOUTHOLD TOWN BOARD
Town Attorney, prepare a contract (s) for presentation -to the ..Town
Board as soon as possible;
Now, therefore, be it'
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not
less than two-thirds of all the members of said Board) AS
FOLLOWS :
Section 1 . The Town hereby appropriates the amount of
$266, 000, including the expenditure of available funds in the
aggregate amount of $71, 000 expected to be made available from
the trade-in of (i) the 1995 John Deere 744E; (ii) the 1987 - 816B
Caterpillar Compactor; and (iii) the auxiliary 3 cubic yard
bucket for a Caterpillar ITI2B, for the increase and improvement
of facilities of the District consisting of the purchase of a new
payloader. The estimated,maximum cost of said specific object or
purpose, including preliminary costs and costs incidental thereto
and to the financing thereof, is $266, 000. The plan of financing
includes the expenditure of said available funds and the issuance
of. not .to exceed $195, 000 serial bonds of the Town to finance the
balance of said appropriation, and the costs thereof, including
payment of principal of and interest on said bonds, shall be
assessed, levied and collected from the several lots and parcels
of land within said District by the Town Board in the manner
provided by law, but if not paid from such 'source, all the .
taxable property within said Town shall be subject to the levy of
an .ad valorem tax; without limitation as to rate or amount,
sufficient to pay the principal of and interest. on said bonds as
the same shall become due and payable.
Section 2 . Serial bonds of the Town are hereby
authorized to be issued in the principal amount of $195, 000
pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York
(herein called "Law") , to finance that part of said appropriation
not provided from said available funds .
Section 3 . The following additional matters are hereby
determined and declared:
SOUTHOLD TOWN BOARD NOVEMBER 21, 2000 117
(a) It is hereby determined that the period of
probable usefulness of the specific object or purpose for which
$195, 000 principal amount of said serial bonds are authorized to
be issued, within the limitations of Section .11 . 00 a. 28 of the
Law is fifteen (15) years .
(b) . The proceeds of the bonds herein. authorized and any-
bond anticipation notes issued in anticipation of said bonds may
be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity with Treasury
Regulation Section 1 . 150-2 of the United States Treasury
Department'.
(c) The Town Board has duly considered and. reviewed r"^�
all applicable federal, state and local laws and regulations
regarding environmental matters, including compliance with the
New York State Environmental Quality' Review Act, comprising
Article 8 of the Environmental Conservation Law, as related- to
the impact that the increase and improvement of facilities for
the District may have on the environment and, on the basis of
such consideration and review, the Town Board has determined that
no substantial adverse environmental impact will be -caused
thereby and a duly processed Negative Declaration and/or other
applicable documentation has been filed in the office of the Town
Clerk.
(d) The proposed maturity of the bonds authorized by
this resolution may exceed five (5) years.
Section 4 . Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of said bonds shall contain the recital of validity prescribed by
Section 52 . 00 of the Law and said bonds, and any notes issued in
anticipation said bonds, shall be general obligations of the
Town, payable as to both principal and interest by a general tax
upon all the taxable real property within the Town without
limitation as to rate or amount. The faith and credit of the
Town are hereby irrevocably pledged to the punctual payment of
118 NOVEMBER 21, 2000 SOUTHOLD TOWN BOARD
the principal of and interest on said bonds . and any notes issued
in anticipation of the sale ofsaid bonds and provision shall be
made annually in the budget of the Town by appropriation for (a} '
the amortization and redemption of the bonds and any notes issued
in anticipation thereof to mature in such year and (b) the
payment of interest to be due and payable in such year.
Section 5. . Subject to the provisions of this
resolution and of- the Law and pursuant to the provisions of
Section 21 . 00 relative to the authorization of the issuance of
bonds having substantially level or declining annual debt
service, Section 30. 00 relative to .the authorization of the
issuance of bond anticipation notes, and Section 50. 00 and
Sections 56. 00 to 60 . 00 of the Law., the powers' and duties 'of- the
Town Board relative to. authorizing bond anticipation notes and
prescribing their terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and any other -bonds
heretofore or hereafter authorized, and of any bond anticipation
notes issued in anticipation of said bonds, and the renewals of :
said bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the -bonds authorized by
this resolution, and of any notes issued in anticipation of said
bonds, may be: contested only. if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authori.zed to expend
money, or
(b) the provisions of law which should be complied with
at the date of the publication. of such resolution, . or a
summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7 . This resolution shall take effect
immediately.
SOUTHOLD TOWN BOARD NOVEMBER 21, 2000 .119
Section. (B) . The amendment of the bond resolution set
forth in Section (A) of this resolution shall in no way affect
the validity of the liabilities incurred, obligations issued, or
action. taken pursuant to said bond resolution, and all such
liabilities incurred, obligations issued, or 'action taken shall
be deemed to have been incurred, issued or taken pursuant to said
bond resolution, as so amended.
Section (C) . This resolution shall take effect
immediately; and be it
FURTHER RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS :
Section 1 . The Town Clerk is hereby directed to
publish the foregoing amended bond resolution, in summary, in
"THE SUFFOLK TIMES, " a newspaper published in Southold, New York,
and having a general circulation in' said Town, which newspaper is
hereby designated as the official newspaper of the Town for such
publication, together with the Town Clerk' s statutory notice in
the form prescribed by Section 81.00 of the Local Finance Law of
the State of. New York.
Section 2 . This resolution shall take effect
immediately.
The adoption of the foregoing resolution was seconded
by Councilman John M RnmanPlli and duly put to a vote on roll
call, which resulted as follows:
AYES• Councilman Craig A. Richter
Councilman JOhn M. Romanelli
Councilman Brian G. Murphy
Councilman William D. .Moore
NOES: Supervisor Jean W. Cochran
None
The resolution was declared adopted.
a
120 NOVEMBER 21, 2000 SOUTHOLD TOWN BOARD
#2
On motion by Councilman William D. Moore, seconded by Councilman Craig A. Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the fee for the Non-
Resident Daily Beach Parking Permit from$8.66 to $20.00, effective January 1,2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
On motion by Councilman Craig A. Richter, seconded by Councilman William D. Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 12:05 p.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
oi? z
Elizabeth A. Neville
Southold Town Clerk