HomeMy WebLinkAboutTB-10/10/1990-S120
SOUTHOLD TOWN BOAAD
SPECIAL MEETING
OCTOBER 10. 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson,
Councilman Thomas H. Wi~:kham, Assistant Town Attorney Matthew G. Kiernan, Town
Clerk JUdith T. Terry.
The Town Board discussed the proposed resolutions to be voted upon at the Special
Meeting, all of which pertain to various fee increases.
SPECIAL MEETING
9:20 P.M.
A Special Meeting of the Southold Town Board was held on Wednesday, October
10, 1990, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 9:20 P.M. with the Pledge of Allegiance to the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Assistant Town Attorney Matthew G. Kiernan
TOWN CLERK TERRY: Resol'ution Number one is to refer to Town and County Planning
Board, the Local Law p~oposing a change in the Appeals fee from $150.00 to $300.00.
Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law in Relation to Zonin~l Application Fees";
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local law to the Southold Town Planning Board and the Suffolk
County Department of Plannin~l in accordance with the Code of the Town of Southold
and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit:
A Local Law in Relation to Zoning Application Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-262 (A) (Application; hearing; approval; violations
of conditions) is hereby amended to read as follows:
A. An application for a special exception approval shall be
on the form for the same provided by the Zoning ' Board of
Appeals and shall be submitted in triplicate to the Zoning
Board of Appeals, which shall review the application for
completeness and conformity with this chapter. The Zoning
Board of Appeals shall reject the application if it is not
complete or not in conformance with the Zoning Code and
shall notify the applicant as to the reason for such
rejection. If the application is satisfactory, the
applicant and the Zoning Board of Appeals shall set the
application down for a public hearing. The fee for a
special exception shall be three hundred ($300.00), as set
forth in § 100-274.
OCTOBER 10, 1990 121
2. Section 100-274 (Fees) is hereby amended to read as follows:
All applications to the Board of Appeals for any relief
herein shall be accompanied by a fee of three hundred
($300.). Each individual variance shall be considered a
separate application.
II. This Local Law shall take effect upon its filing with the Secretary of State.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: Resolution 2 is a referral to the Planning Board, County and
'~'- Town, change of zone fee, $500.00 to $1,000.00. _
J 'Moved by Councilman Wickham, seconded by Councilman Penny,
W_HEREAS, there has been presented to the Town Board of the Town of Southold a
pro.posed Local Law entitled, "A Local Law in Relation to Chancje of Zone Petition
Fees";now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and ~irected to
transmit this proposed Local Law to the Southold Town Plannin~ Board and the
Suffolk County Department of Plannin~t in accordance with the Code of the Town of
Southold and the Suffolk County Charter. Said proposed Local Law reads as
follows, to wit:
A Local Law in Relation to Change of Zone Petition Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-291 (Fees) is hereby amended to read as follows:
Every petition for a change or amendment to this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be
accompanied by a fee of one thousand dollars ($1000.). The fee
for a petition for a change of zone to Affordable Housing
District are set forth in Section 100-55[B)(5)(g).
I!. This Local Law shall take effect upon it filing with the Secretary of State.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Lat$on,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor_ Harris.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: Number 3 is Peddling and Soliciting, annual $100.00 to
$200.00, daily $25.00 to $50.00, setting a public hearing.
3.-Moved by Councilwoman Oliva, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law in Relation to Peddling and Solicitin~t Fees";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M.', Tuesday, October 23, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearin~t on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Peddling and Soliciting Fees
BE IT ENACTED by the To~vn Board of the Town of Southold as follows:
I. Chapter 69 (PEDDLING AND SOLICITING) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 69-105 (License fees) is hereby amended to read as follows:
The ncnrefundable fee for each license application pursuant to
this Article shall be two hundred dollars ($200.) per year or
fifty dollars ($50.) per day or fraction thereof.
II. This Local Law shall take effect upon its filing the Secretary of State.
:~.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: Four is a resolution only, to raise the temporary trailer permit
'fees from $35.00 to $75.00
%~,Moved by Councilwoman Oliva, seconded by Justice Edwards,
WHEREAS, Section 100-239.2[B) of the Zoning Code of the Town of Southold provides
that the Town Board may authorize the location of single automobile trailers or house
cars outside of a tourist camp, subject to such conditions as may be prescribed by
the Town Board; now, therefore, be it
RESOLVED that the Town Board hereby increases the fee from $35.00 for a six (6)
month permit to $75.00 for a six (6) month permit as a condition to authorize the
location of a single trailer outside a tourist camp, effective January 1, 1991.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwomar~ Oliva,
Councilmar~ Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: Number five is for shellfish, set a public hearing, 8:05
October 23, non-commercial $3.00 to $5.00, commercial $20.00 to $35.00, temporary
$5.00 to $10.00.
122
OCTOBER 10, 1990
5.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law in Relation to Shellfish Permit Fees"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, October 23, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place of a public
hearing on the aforesaid proposed Local Law which reads as follows, to wit.'
A Local Law in Relation to Shellfish Permit Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is
hereby amended as follows:
1. Section '77-203 (Permit fee; expiration; display) is here by
amended to read as follows:
A. The fee for a commericial shellfish permit shall be
twenty dollars ($20.). Effective on and af;ter January
1, 1991 the fee for a commercial shellfish permit shall
be thirty-five dollars ($35.). Such permit shall expire
on December 31 of the year of its issuance.
B. The fee for temporary resident shellfish permit shall
be ten dollars ($10.). Such permit shall be issued only
for the period of time that such temporary resident
occupies living quarters within the Town of Southold.
C. The fee for a permanent resident or taxpayer shellfish
permit shall be three dollars ($3.). Effective on and
after January 1, 1991, the fee for such permit shall be
five dollars ($5.). Such permit shall expire on
December 31 of the year of issuance. There shall be no
fee for a permanent resident who has attained the age of
sixty-two (62) years.
I!. This Local Law shall take effect upon its filing with the Secretary of State.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: Number 6 is to set a public hearing for a Local Law at
8:07, October 23, the resident garbage permit, $2.00 to $25.00.
6.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Landfill Permits"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:07 P.M., Tuesday, October 23, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
,hearinc~ on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Landfill Permits
BE IT ENACTED by the Town Board of the Town of Southold as follows: ' '
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended as follows:
1. Section 48-4(A)(1) is hereby amended to read as follows:
(1) Resident landfill permit: for noncommercial vehicles of
less than one-ton capacity owned by a resident and/or
taxpayer of the Town of Southold and transporting only
household refuse, provided that such vehicle displays a
valid resident landfill permit issued in accordance with
the following:
a. A resident landfill permit shall be issued by the Town
Clerk or a person designated by her to all persons
who are qualified residents of the Town of Southold.
Persons applying for resident landfill permit shall be
requested to sign an application in affidavit form and
submit for inspection the following as proof of
residence:
(1) A valid tax receipt stub for the current year for
any taxable real property within the Town of
Southold assessed in the name of the applicant.
(2) A valid motor vehicle registration in the name of
the applicant and to an address located within
the Town of Southold or to an address
corresponding to the address of a validated tax
receipt stub for the current tax year for any
taxable real property within the Town of Southold
affixed to the application.
(3) Such other proof of residence as is satisfactory
to the Town Cler-k -
b. The Town Clerk or a person designated by the Town
Clerk shall inspect such application to determine that
the applicant is a qualified resident of the town.
Upon apprOval of the application, a resident landfill
permit shall be issued and inscribed with the vehicle
license registration number. Such permit shall not be
transferred to any other vehicle.
c. Resident landfill permits for motor vehicles shall be
._ permanently affixed to the ,right side of the front
bumper of such vehicle.
~ d. The fee for the issuance of a resident landfill permit
shall be such fee as shall be prescribed by a
resolution of the Southold Town Board.
II. This Local Law shall take effect upon its filing with the Secretary of State.
'-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
__ This resolution was declared duly ADOPTED.
123
TOWN CLERK TERRY: Number 7 is a Local Law public hearing at 8:10 P.M., on
October 23rd, non-resident seasonal $50.00 to $150.00.
7.-Moved by Councilman Wickham, seconded by Councilwoman Latson,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law in Relation to Parkin9 at Beaches Fee";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, Oc'tober 23, 1990.
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing onthe aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Parking at Beaches Fee
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 65 (PARKING AT BEACHES) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 65-3F (Parking Permits) is hereby amended to read
as follows:
......... F. Nonresident seasonal beach parking permit. Beach
parking permits for nonresident for the period April 1
through October 31 may be issued by the Town Clerk
of the Town of Southold upon application therefor for
the annual sum of one hundred fifty dollars ($150.).
Which annual sum shall include both the vehicle and
the boat trailer.
II. This Local Law shall take effect upon its filing with the Secretary of State.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, JUstice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: This is strictly resolution, setting the resident beach fee,
$5.00, daily weekday $6.00 to $10.00, weekend $10.00 to $15.00, lessee $17.00 to
$25.00, motel $14.50 to $15.00 and guest $12.00 to $20.00.
8.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the
following Beach Parkincj Permit fees, effective upon the issuance of 1991 permits:
Resident: (New permit - Beaches only) $5.00
Weekend Daily Beach: From $6.00 to $10.00
Weekend/Holiday Daily Beach: From $10.00 to $15.00
Lessee: From $17.00 to $25.00
Guest: From $12.00 to $20.00
Motel: From $14.50 to $15.00
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was-declared duly ADOPTED.
TOWN CLERK TERRY: Number 9 is setting a public hearing for Landfill resident
single entry from $.50 to $2.00, and $15.00 to $25.00, and $25.00 to $50.00
.5~Moved 15y Justice Edwards, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of.the Town of Southold a
proposed Local Law entitled, "A Local Law in Relation to Garbage, Rubbish and Refuse
Fees"; now, therefore, be it
'RESOLVED that the Town Board hereby sets 8:15 P.M., Tuesday, October 23, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearinq on the aforesaid proposed Local Law which reads as follows, to wit:
-A Local Law in Relation to Garbage, Rubbish and Refuse Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 48 (GARBAGE, RUBBISH AND REFUSE) of the Code of the
Town of Southold is hereby amended as follows:
1. Section 48-4(A) (Fees) is hereby amended to read-as follows:
(2) Per-load fee of two dollars ($2.) for each non-commercial
vehicle of less than one-ton capacity which possesses no
~ermit.
124
OCTOBER 10, 1990
(4)
(8)
(~)
Per-load fee of twenty-five dolrars ($25.) for each
single-axle truck which does not possess a permit.
Annual fee of fifty dollars ($50.) for each commercial
vehicle transporting liquid septic waste, together with an
additional gee of two cents ($0.02) for each gallon of
liquid waste discharged.
Annual fee of fifty dollars ($50.) for each commercial
contractor's vehicle of less than one-ton maximum gross
vehicle weight.
Annual fee of fifty dollars ($50.) for each farm vehicle of
one-ton or more capacity transporting agricultural waste.
Per-load fee of fifty dollars ($50.) for each
double-axle truck which does not possess a permit.
Annual fee of {wo hundred dollars ($200.) for each
single-axle
Annual fee
commercial
ca pacity.
vehicle transporting solid waste (garbage).
of two hundred dollars ($200.) ifor each
contractor's vehicle of more than one-ton
(10) Annual fee of five hundred dollars ($500.) for each
double-axle and/or compactor-type vehicle transporting
solid waste (garbage).
(11) Annual fee of five hundred dollars ($500.) for each
commercial contractor's double-axle and/or tractor-trailer
combination of more than one-ton capacity.
II. This Local Law shall take effect upon it filing with the Secretary of State.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY:' Number 10 is Fishers Island mooring fees, $10.00 to $20.00,
$25.00 to $50.00. $50.00 to $100.00, and $100.00 to $200.00.
JUSTICE EDWARDS: I will make a suggestion here, Judy. If v~e're going to have
public hearings other than this October 23, I would appreciate being able to put the
Fishers Island ones at a later date to give them a chance to reply by mail.
TOWN CLERK TERRY: I can do these on November 13. Sure. This would give me
an opportunity to send them over to you. You can post them, and then they'll have
some notice, which they wouldn't have otherwise.
JUSTICE EDWARDS: Judy, makeanote. I'll be back here a week from tomorrow,
in here. If you can hold them, and have about a dozen copies, so I can post over
there. Thank you.
10.-Moved by Justice Edwards, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Moorinc, i Permit Fees";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, November 13,
1990, Southold Town Hall, Main Road, Southold, New York, as time and place for
a public hearinc. I on the aforesaid Local Law which reads as follows, to wit:
A Local Law in Relation to Mooring Permit Fees
BE IT ENACTED 'by the Town Board of the Town of Southold as follows:
I. Chaper 32 (BOATS, DOCKS AND WHARVES) of the Code of the Town
of Southold is hereby~amended as follows:
1. Section 32-39.2(B)(3) (Anchoring and Mooring in West Harbor and
Hay Harbor) is hereby amended to read as follows:
(3) The following fees shall be paid for the issuance of a mooring
permit:
Size of Boat
Up to 25 feet
26 feet to 35 feet
Over 35 feet
All nonresidents
Permit Fee
$ 20.00
$ 50.00
$100.00
$2OO.OO
I!. This- Local Law shall take effect upon it filing with the Secretary of State.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: Number 11 is Fishers Sewer District rent raised to $500.00
annual.
11 .-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Sewer Rent"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, November 13,
:' 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for
OCTOBER 10, 1990
a public hearincd on the aforesaid proposed Local Law which reads as follows, to
wit:
A Local Law in Relation to Sewer Rent
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 76 (Sewers) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 76-21.A. is hereby amended to read as follows;
A. ' In addition to any and all other fees and charges provided
by law, the owner of a parcel of land served by the
sanitary sewer system of the FISD shall pay an annual
sewer rent for the use of such sanitary sewer system,
which shall be based upon an annual charge of five
hundred dollars ($500.) for each separate dwelling unit
served by the system. Such annual seweri rents shall be
paid in semiannual installments of 'two hundred fifty
dollars ($250.) on the first days of January and June of
each year.
II. This Local Law shall take effect upon its filing with the Secretary of State.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Super'visor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Any other discussion before we close?
ASSISTANT TOWN ATTORNEY KIERNAN: Did we change the beach permits from
$2.00 t° $5.00?
SUPERVISOR HARRIS: The beach, ! think, was number five, and then I think,
number six went $2.00 to $25.00.
TOWN CLERK TERRY: Matt, the beach is a resolution. Am I correct? We did
the resolution, which sets the fee for the beaches, and so it should include the
resident beach.
ASSISTANT TOWN ATTORNEY KIERNAN: Yes. The only Local Law on beaches
is the non-resident seasonal.
TOWN CLERK TERRY: Yes. We're okay then. We didn't have to do a Local
Law to go from $2.00 to $5.00.
ASSISTANT TOWN ATTORNEY KIERNAN: That's right. We did not. It's a
resolution. That's correct.
SUPERVISOR HARRIS: It was done. A motion is entertained to adjourn.
Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:42 P.M.
Vote of the Town Board: Ayes: Councilman Wickham,-Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
125
/,/ Judith T Terry ~'
Southold Town Clerk