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HomeMy WebLinkAboutTB-11/21/2000-S SOUTHOLD TOWN BOARD NOVEMBER 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 Bushman 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 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 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-and .decided to build a 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. 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, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 29, 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 $71,000 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 facilities 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 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 1987816B 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: (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 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 arid/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 the principal of and interest on said bonds and any notes issued in anticipation of the sale of said 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 bond, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized 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. Section (B). The amendment of the bond resolution set on. ! 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. Romanelli 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 Supervisor Jean W. Cochran NOES: None The resolution was declared adopted. 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. Elizabeth A. Neville Southold Town Clerk