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HomeMy WebLinkAboutLL #02 2024 l STATE OF NEW YORK DEPARTMENT OF STATE KATHY HOCHUL ONE COMMERCE PLAZA GOVERNOR 99 WASHINGTON AVENUE ALBANY;N'Y 13231-0001 -R-GBERT J --Roi'R'IGUEZ HSECRETARY OF STATE TTPS:HDOS.NY.GOV. January 23, 2024 .Town of Southold Town Hall 53095 Main Road PO Box 1179 Southold, New York RE: Town of Southold, Local Law 1, 2, 3; and 42024, filed 6n .1/19/2024 Dear Sir/Madam: "The"above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely; State Records and Law Bureau (518) 473-2492 RECEIVED JAN 2 9 2024 Southold Town Clerk YRK Department � TOAT Eof State DENIS NONCARROW a� y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 V@ Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® .� Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ��,� ��® Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 17, 2024 EE 380 0792 711 US -tli Priority Mail Express RE: Local Law No. 2, 3 & 4 of 2024 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 2, 3 & 4 of 2024 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lyn a M. Rudder Deputy Town Clerk Enclosures cc: Town Attorney Southold Town Board - Letter Board Meeting of January 16, 2024 RESOLUTION 2023-1072 Item 4 5.3 ADOPTED DOC ID: 19832 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-1072 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5"' day of December, 2023, a Local Law entitled "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewaize Disposal" reads as follows: LOCAL LAW NO. 2 of 2024 A Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to update fees in Chapter 215. H. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article II Sewer Rents and Charges § 215 - 15 Rents; penalty for late payment. 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$45-0$900 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of&225 $450 on the first day of January and June of each year. Generated January 17, 2024 Page 15 A Southold Town Board - Letter Board Meeting of January 16,2024 B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk COMMENTS - Current Meeting: Board voted to withdraw and vote to go NO penalty for late payment. 1 st half of this year. reso approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Anne H. Smith, Councilwoman AYES: Doroski,Mealy, Smith, Krupski Jr, Doherty, Evans F Generated January 17, 2024 Page 16 ,l t - NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Villa,-,-- Local illageLocal Law No. 2 of the year 2024 . A Local Law entitled, A Local Law in relation to Chapter 215 Sewers and Sewage Disposal Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. The purpose of this local law is to update fees in Chapter 215. 11. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article II Sewer Rents and Charges §215- 15 Rents;penalty for late payment. 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$900 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of$450 on the first day of January and June of each year. B. If such sewer rents are not paid within 30 days of the due date,a penalty of 5%shall be paid. IIl. SEVERABILITY If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-2394-1(Rev.04/14) 1 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 24 . of the (Town) of SOUTHOLD was duly passed by the TOWN BOARD on January 20 24, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20___, and was(approved)(not approved)(repassed after disapproval)by the on 20 . Such local-law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-1(Rev.04/14) 2 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the o 'genal o file in this office and that the same is a correct transcript therefrom and of the whole of such original local w, and as f ally ad pted in the manner indicated in paragraph 1 , above. Clerl&fiffie County legislativ body, y,Town or (Seal) Village Clerk or officer design y local legislative body Denis Noncarrow,Town Clerk Date: January 17,2024 DOS-239-f-I(Rev.04/14) 3 Chapter 215 Sewer Fees 1 . Resolution 2. Affidavit of Posting on TC Bulletin Board 3. Legal Notice 4. Affidavit of Publication — Suffolk Times 5. Affidavit of Publication — The Day Born, Sabrina From: Born, Sabrina Sent: Monday, December 11, 2023 9:00 AM To: 'David McCall (dmccall@fiferry.com)'; Evans, Louisa; 'Fog Horn (ficommunityboard@gmail.com)'; 'geb cook'; 'Jane Ahrens (ahrens Jane@gmail.com)'; 'Jane Ahrens (finyinfo@gmail.com)'; 'The Day (legal@theday.com)' Subject: PH Notice-Ch. 215 Sewer Attachments: Chapter 215 Sewer.docx Good Morning, Please publish in the following: -The FI website -Two (2) public places on Fishers Island Thank you, Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Sox 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 i Here is notice d01070357 that will run in the 12/14 edition. Invoice is attached. Proof of second notice will follow when available. LEGAL NOTICE. NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN THAT there has been presented to the Taman Board of the Town of Southold,Suffolk County,New York,on the 516 day of December,2023,a Local Law entitled"A Local Law In relation to Chapter 215 Savors and Se.paw Disposal, and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Taxon Hal1,53045 Main Road,Southold,New York,on the 19th day of Immber,2023 at 4,30 pin.atwhlch time all Interested persons will be given an opportunity to be heard. The proposed Local Law entltled, reads as follow s: LQCAL LA?Iif NO.Z I73 A Local Law entitled,"A Local Law in relation to Chaptair 215 mowers and Sewage DiscrosaY,. BE IT ENACTED by the Town Board of the Town of Southold as follows.- 1. ollows:I. Purpose The purpose of this local law Is to update fees in Chapter 21S IL Chapter 215 of the Code of the Town of Southold 1s here y amended as follossls: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article It Server Rents and Changes 5 215-15 Rents;penalty for bate payment A. In addition bo any and all other fees and charges provided by law,the owner of a parcel of land served by the sanitary sewer syst�rn of the FISU shall pay an annual saver rent for the use of such sanitary saver system,which shat€be based upon an annual charge of W for each separate dwelling unit served by the system.Such annual sewer rents shall be paid In semiannua l Installments of$22-5,$§0 on the first day of January and June of each year. B. If such server rents are not paid within 30 bays of the due date,a penalty of 5%shall be paid. ID. SEVERABILITY If any clause,sentence,paragraph,sectlorr,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be Irsa114 the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or Invalid. Ev. EFFECTIVE DATE This Local Law shall take effect Immedlatety upon filing with the Secretary of State as provided by law. BY ORDEROFTHE SOUTHOLD TOWN BOARD Dated.,Iber 5,2023 Denis Noncarrrrw+,Southold Tewen Clerk T7W4qk yaw, KeUy Kelly Johnson Legal notices The Day and Shore Publishing Legal Line: 860-701-4410 Direct Line: 860-701-4371 legal@theday.com From: legal <legal@theday.com> Sent:Wednesday, December 6, 2023 3:37 PM To: Rudder, Lynda <Ivnda.rudder@town.southold.ny.us> Subject: Re: For publication on 12/14 Received and will process for the 12/14 edition. Proofs will follow when available. 7ThcMk'yaw, xevy 3 Born, Sabrina From: Born, Sabrina Sent: Monday, December 11, 2023 8:56 AM To: Doherty, Jill; Doroski, Greg; Evans, Louisa;Johnson, Benjamin; 'Lisa Finn (lisaahfinn@gmail.com)'; McGivney,Julie; Mealy, Brian; Mirabelli, Melissa; Nappa, Sarah; 'Paul DeChance'; Reisenberg, Lloyd; Russell, Scott; Squicciarini, James; Standish, Lauren; Tomaszewski, Michelle;Tomaszewski,Zachary Subject: PH Notice-Ch. 215 Sewer Attachments: Chapter 215 Sewer.docx Good Morning, Please see attached. Thank you, Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 i baf79561-b5d2-45d0-83f4-51a20d685ecO lynda.rudder@town.southoId.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: December 14,2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 14 day of December 2023 L;04-rSi4anarej 11 STATE O/OF NEW YORK NOTARY PUBLIC Notary Public Stamp 3% QuallBedInAlbany County !N OIRE6398443 /O� ��iiss�ONtEXP`�� SOUTHOLD TOWN CLERK 1 I i i baf79561-b5d2-45d0-83f4-51a20d685ec0 lynda.rudder@town.southo Id.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Town of Southold,Suffolk County, New York,on the 5th day of December, 2023,a Local Law entitled"A Local Law in relation to Chapter 215 Sewers and Sewage Disposal, and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall,53095 Main Road,Southold, New York,on the 19th day of December,2023 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal" reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to update fees in Chapter 215. II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges i SOUTHOLD TOWN CLERK 2 I baf79561-b5d2-45d0-83f4-51a20d685ec0 lynda.rudder@town.southold.ny,us AFFIDAVIT OF PUBLICATION The Suffolk Times Article II Sewer Rents and Charges §215-15 Rents; penalty for late payment. 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$450$900 for each separate dwelling unit served by the system.Such annual sewer rents shall be paid in semiannual installments of$225$450 on the first day of January and June of each year. B. if such sewer rents are not paid within 30 days of the"due date,a penalty of 5%shall be paid. III. SEVERABILITY If any clause,sentence, paragraph, section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or Invalid. IV. EFFECTIVE DATE This Local Law shall take effect Immediately upon filing with the Secretary of State as provided by law. BY ORDER OF THE SOUTHOLD TOWN BOARD Dated:December 5,2023 Denis Noncarrow Southold Town Clerk SOUTHOLD TOWN CLERK 3 r i Times Review Media Group Invoice #: baf79561 j The Suffolk Times Date: 12/06/2023 3 i Bill To Customer Email SOUTHOLD TOWN CLERK lynda.rudder@town.southold.ny.us i Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. j Description Publish Date Amount PUBLIC 12/14/2023 $66.08 i Affidavit(eMail) 1 $25.00 E Affidavit(Mail) 0 $0.00 { Total: $91.08 { Please remit checks payable to: Balance: Times Review Media Group $91.08 PO Box 1500 Mattituck, NY 11952 The invoice number MUST be included on your check to ensure that your payment is applied correctly. LEGAL NOTICE v NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Town of Southold,Sufffglk County,New York,on the 5 day of December, 2023,a Local Law entitled"A Local Law in relation to Chapter 215 Sewers and Sewage Disposal. and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall,53095 Main Road,Southold,New York,on the 19th day of December,2023 at 4:30 p.m.at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal"reads as follows: LOCAL LAW NO, 2023 A Local Law entitled,"A Local Law in relation to Chapter 215 Sewers and Sewage Disposal', BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of this local law is to update fees in Chapter 215. 11. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article II Sewer Rents and Charges i §215-15 Rents;penalty for late payment. 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$459 900 for each separate dwelling unit served by the system.Such annual sewer rents shall be paid in semiannual installments of$2-25 450 on the first day of January and June of each year. B. If such sewer rents are not paid within 30 days of the due date,a penalty of 5%shall be paid. 111. SEVERABILITY If any clause,sentence,paragraph, section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. BY ORDER OF THE SOUTHOLD TOWN BOARD Dated:December 5,2023 Denis Noncarrow Southold Town Clerk Rudder, Lynda From: Rudder, Lynda Sent: Wednesday, December 6, 2023 1:37 PM To: New London Day Newspaper(legal@theday.com) Subject: For publication on 12/14 Attachments: Chapter 215 Sewer.docx; Chapter 148 Flood.docx Importance: High Please publish both Legal Notices in the 12/14 edition of the Day.Thanks Deputy Town Clerk Prinicpal Account Clerk Southold Town 53095 Main Road PO Box 1179 Southold,NY 11971 631/765-1800 ext.1210 631/765-6145 Fax i LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of December, 2023, a Local Law entitled"A Local Law in relation to Chanter 215 Sewers and Sewage Disposal, and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 19th day of December, 2023 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal" reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal". BE 1T ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to update fees.in Chapter 215. II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article II Sewer Rents and Charges § 215 - 15 Rents; penalty for late payment. 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$430$900 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of$225 $450 on the first day of January and June of each year. B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. III. SEVERABILITY If any.clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE 4 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. BY ORDER OF THE SOUTHOLD TOWN BOARD Dated: December 5 ,2023 Denis Noncarrow, Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 61h day of December , 2023, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH 12/19 4:30 pm—Chapter 215 Sewer Fees Denis Noncar—row Southold Town Clerk Sworn before me this 6th day of December , 2023. Notary Public LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 dualified in Suffolk County Commission Expires March 8,20fiv RESOLUTION 2023-995 ADOPTED DOC ID: 19759 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-995 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 5, 2023: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of December, 2023, a Local Law entitled "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal, now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 19th day of December, 2023 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal"reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to update fees in Chapter 215. H. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article II Sewer Rents and Charges § 215 - 15 Rents;penalty for late payment. 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$450$900 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of-$2-2-5 $450 on the first day of January and June of each year. B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. III. SEVERABILITY Resolution 2023-995 Board Meeting of December 5, 2023 If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Sarah E. Nappa, Councilwoman , AYES: Nappa, Doroski, Mealy, Evans, Russell ABSENT: Jill Doherty I Updated: 12/6/2023 10:48 AM by Lynda Rudder Page 2 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of December, 2023, a Local Law entitled "A Local Law in relation to Chanter 215 Sewers and Sewage Disposal, now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 19th day of December, 2023 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal" reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to update fees in Chapter 215. II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article II Sewer Rents and Charges § 215 - 15 Rents; penalty for late payment. % 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$450 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of$225 on the first day of January and June of each year. B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 11/28/23,8:34 AM Town of Southold,NY Sewer Rents and Charges Town of Southold, NY Tuesday, November 28, 2023 Chapter 215. Sewers and Sewage Disposal Part 2. Sewer Rents and Charges [Adopted 3-24-1987 by L.L. No. 5-1987] Article II. Sewer Rents and Charges § 215-14. Purpose. Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting for and on behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of annual charged to be called "sewer rents"for the use of the sewer system within the FISD. § 215-15. Rents; penalty for late payment. 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 $450 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of$225 on the first day of January and June of each year. [Amended 11-15-1988 by L.L. No. 27-1988; 12-11-1990 by L.L. No. 28-1990; 11-24-1992 by L.L. No. 27-1992; 10-23-2007 by L.L. No. 21-2007] B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. § 215-16. Liens. Sewer rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents shall have been established or imposed. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. § 215-17. Actions to collect rents. The Town Board, on behalf of the sewer district, may bring and maintain an action as upon contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such sewer rents.As an alternative to the maintenance of any such action, the Town Board may annually cause a statement to be prepared setting forth the amount of each lien for sewer rents in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed. Such statement shall be presented to the board or body empowered to levy Town taxes on or before a date to be specified by such board or body. Such board or body shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as Town taxes, and https://ecode360.com/print/SO0452?guid=5159725 1/2 11/28/23,8:34 AM Town of Southold,NY Sewer Rents and Charges _ such amounts shall be set forth in a separate column in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes. § 215-18. Sewer rent fund. A. Revenues derived from sewer rents, including penalties and interest, shall be credited to a special fund to be known as the "sewer rent fund." Moneys in such fund shall be' used in the following order: (1) For the payment of the costs of operation, maintenance and repair of the sewer system or such part or parts thereof for which sewer rents have been established and imposed. (2) For the payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed (other than indebtedness, and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property). (3) For the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof. B. Such revenues from sewer rents shall not be used to finance the cost of any extension of any part of a sewer system (other than any sewage treatment and disposal works with necessary appurtenances, including pumping stations) to serve unsewered areas if such/part has been constructed wholly or partly at the expense of real property especially benefited, or for the payment of the interest on and the amortization of indebtedness which is to be paid in the first instance from assessments upon benefited real property. https://ecode360.com/print/SO0452?guid=5159725 2/2 r RECEIVE® 10 Jan 2024 JAN 10 2024 To the Town Board: 801thold Town Clerk RE: Fishers Island Sewer District I have a few questions and comments that I would like the Town Board ("TB") to �, address concerning the 2024 100% user fee that the TB approved in December 2023: A. Personally, I think it is fair to raise the rates, however, I have two issues with this particular increase. The first is the timing and the process were not user-friendly and for some of the commercial customers, it occurred well after their 2024 budgets had been set. The second is that it hasn't been very clear what the need and use of these funds are for. B. I am somewhat knowledgeable on several issues of the sewer system dating back to when the island had a Sewer Advisory Committee (before Mike Collins became Town Engineer). Two major issues have been constant for over ten years and then all of a sudden these created a budget crisis at year end. The two issues are the antiquity of the system including the mechanicals and the infiltration of non-septic liquids into the system. Why has it taken ten years to move forward? And why now (late in a year) did this come to light? c. It has also been reported to me that "we haven't raised rates in over ten years". Very well but to me, this is poor business and management. D. One area that needs to improve in addition to the above is transparency and better communication. I would like to see at a minimum an annual report that includes projects completed, a rolling five-year plan, and financials including debt balance. This was done years back (copy attached). The goal is not to create more work nor is it to be critical of the Sewer District if a project slips., but to be transparent. The work for the report is already being done through the development of the annual budget. Maybe a dedicated location on the Town's website could help or email notifications? E. A second area to address is to source an on-island person or company to help maintain the system, especially to respond to emergency call-outs that are currently handled by an off-island company at a rumored great expense. a. F. A third area is the roster of billable users. The list looks erroneous with missing users and incorrect user units. This would be a source of additional revenue. Thank you in advance for your consideration of the above. Regards, Gordon S. Murphy LU VIA EMAIL January 12,2024g�' Denis Noncarrow Town Clerk �A N 19 2024 Town Board Town of Southold,NY ��td$h®6r� ®�� Clerk RE: Sewer Fee,Fishers Island Dear Members of the Town Board, As the Director of the Fishers Island Community Center located on Hound Lane on Fishers Island,I write with our concerns about the recent sewer fee increase.Here at the Community Center,of which we have 9 units,our yearly fee is increasing from$4,500.00 to$8,100.00.As a small non-profit,this turns into a substantial yearly increase for our budget. May I request that perhaps we could see an accounting from the Town,outlining what money is needed for what sewer services?How was a 100%increase decided?Was it arbitrary or decided upon after a thorough review?Are we,the fee payers,entitled to see a simple accounting of how the current money is being spent?How would the money be spent if it were doubled? When I spoke on the phone with Mike Collins,he said it costs$5,000.00 every time someone comes out here to unclog the pumps.That seems very expensive.Wouldn't it be more efficient to engage a Town employee who is already working here to learn about the pumps and maintain them,instead of bringing someone out from Long Island each time there is a clog? Mike told me that the pumps are continuously clogged with towels and T-shirts.These obviously must be coming from storm drains,not from people's houses.Could screens be installed at the . storm drains to prevent T-shirts from floating into the system? Obviously,I have no knowledge of sewer systems.However,as a large proportional fee payor, we would certainly like some formal clarification on how our increased fees will be spent. Sincerely, Staley C. Sednaoui Executive Director r P.O.Box 464 Fishers Island,NY 06390 631-788-7683 Fishers Island Community Center,Inc.is a N.Y.state not-for-profit corporation and is a public charity under I.R.S.Section 501(c)(3)of the code. Tax I.D.number 20-3941546 Noncarrow, Denis From: Michael Roberts <michaelrobertsesq@msn.com> Sent: Thursday, January 11, 2024 3:44 PM R��+EIVEp To: Noncarrow, Denis Cc: William Bloethe ' Subject: Sewer taxes dAN 2024 Dear Sir/Madam: SOUthOld TOwn Clerk I am a tax paying resident of Fishers Island and was shocked to see that the sewer tax was doubled for the 2004 year without notice to any of the residents who would be paying it. My initial reaction was that this action by the town was both arbitrary and capricious. It is my understanding that the pump system was installed in 1984 with the EPA providing funds because prior to that the sewer water discharged directly to the sound in untreated condition which was illegal. However the Engineer whom the town hired did not cut off the storm drain water from the leaching field. This means that every drop of water from, the sewer is flowing into the system. More than likely the towels and t shirts clogging up the system come from the storm drains. I do not see why the residents of the west end should bear the entire burden of maintaining the system when the problem was caused by the engineer who originally drew the system and was unsupervised by the town. The town should be some responsibility for the costs instead of putting on the 73 houses that use the system many of whom reside on the Island only in the summer months. I believe that it is prudent to have a reserve fund on hand should the system need an update or to meet an emergency. A one-time assessment should be adequate torhandle any updates to the system . The town should obtain estimates for this work to clarify how much money would be needed should an emergency occur. I would like to know from documented bills (i.e. 'propane costs) for running the generator and the anticipated lifetime of the present equipment. In addition, it would be prudent to hires an island employee to keep a regular eye on the system to see whether the generator is running constantly and to lift the lids to determine when and if they should Abe emptied. Has the town received competitive bids for the emptying of the tanks? Michael Roberts, Esq. 805 Third Avenue Suite 2030 New York, N.Y. 10022 917-293-0421 (Cell) ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 Noncarrow, Denis From: WilliarnBloethe <wrbloethe@gmail.com> Sent: Thursday,January 11, 2024 6:59 PM To: Noncarrow, Denis Subject: Sewer taxes JAN 2024 Dear Sir/Madam: Soufho9cl.T®wn Clerk I am a tax paying resident of Fishers Island and was shocked to see that the sewer tax was doubled for the 2024 year without prior notice to any of the residents who would be paying it. My initial reaction was that this action by the town was both arbitrary and capricious. It is my understanding that the pump system was installed in 1984 with the EPA providing funds because prior to that the sewer water discharged directly into Long Island Sound waters in untreated condition which was illegal. However, the engineer the town hired did not cut off the storm drain water from the leaching fields and this contributed to additional issues to the waste disposal system. This means that every drop of water from the sewer along with the sewage is flowing into the system. This could easily (and more than likely) contribute to the towels, grease and t-shirts clogging up the system, if this is coming from the storm drains as well as household sewage. This issue needs to be addressed right away. I do not see why the residents of the west end should bear the entire burden of maintaining the system when this current problem was caused by the engineer who originally designed what appears to be an inadequate system (and was unsupervised by the town). The town should bear some responsibility for the costs instead of putting it on the 73 houses that use the system. Also, many of these residents are only on the island in the summer months. This is a year round disposal system that needs attention in a few areas. I believe that it is prudent to have a reserve fund on hand should the system need an update or to meet an emergency. A one-time reasonable assessment should be adequate to handle any updates to the system. The town should obtain bid estimates ( and perhaps an engineers' input) for this work to clarify how much money would be needed should such an emergency occur. I would like to know from all documented bills (i.e. propane costs) the costs of running the generator and the anticipated lifetime of the present equipment. A fully transparency is in order for any rate increases or assessments by the Southhold town board. In addition, it would be prudent to hire a current full time resident of the island as an employee to keep a regular eye on the system to see whether the generator is running constantly and to assess the regular needs of the system. It's my understanding the generator only needs to run as needed. I was told that the generator was running constantly, which does not appear to be the case. There is currently approximately 80% fuel in the propane tank and was filled in May 2023. This is not an accurate accounting if the generator is "running all the time". A part-time employee would need to lift the lids to determine when and if they should be emptied would be a good use of current funds and the future health of the whole system. Also, has the town received or requested any competitive bids for the emptying of the sewage tanks? I look forward to your anticipated timely reply to this issue. William Bloethe 860.550.0081. Call/Text ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. z 4 Noncarrow, Denis � �� �. From: William Bloethe <wrbloethe@gmail.com> Sent: Friday, January 12, 2024 2:53 PM JAIL 2 2024 To: Noncarrow, Denis Subject: Re: Sewer taxes $011thold Tow[ Clerk Thank you. I will send in another letter stating the increase as the board president at the Fishers Island school. as you are aware,there was no notice to any of the sewer district tenants that there would be an increase as of 2024. Don't know if the TOWN engineer forgot to send out a notice that there will be an increase because of issues with the system , We all received a revised sewer bill December 10 with new fees. We all understand that it was low funded , there is proper ways to have increases, but seems like nobody took care of that. Hopefully the town board comes to the right solution. Bill. Sent from my iPad On Jan 12, 2024, at 3:56 AM,Noncarrow, Denis <denisn@southoldtownny.gov>wrote: Received .thank you Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownny.pov denisn @southoldtownn y.pov 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: WilliamBloethe [mailto:wrbloethe@gmail.com] Sent:Thursday,January 11, 2024 6:59 PM To: Noncarrow, Denis<denisn@southoldtownny.gov> Subject:Sewer taxes Dear Sir/Madam: I am a tax paying resident of Fishers Island and was shocked to see that the sewer tax was doubled for the 2024 year without prior notice to any of the residents who would be paying it. My initial reaction was 1 that this action by the town was both arbitrary and capricious. It is my understanding that the pump system was installed in 1984 with the EPA providing funds because prior to that the sewer water discharged directly into Long Island Sound waters"in untreated condition which was illegal. However, the engineer the town hired did not cut off the storm drain water from the leaching fields and this contributed to additional issues to the waste disposal system. This means that every drop of water from the sewer along with the sewage is flowing into the system. This could easily (and more than likely) contribute to the towels, grease and t-shirts clogging up the system, if this is coming from the storm drains as well as household sewage. This issue needs to be addressed right away. I do not see why the residents of the west end should bear the entire burden of maintaining the system when this current problem was caused by the engineer who originally designed what appears to be an iinadequate system (and was unsupervised by the town). The town should bear some responsibility for the costs instead of putting it on the 73 houses that use the system. Also, many of these residents are only on the island in the summer months. This is a year round disposal system that needs attention in a few areas. I believe that it is prudent to have a reserve fund on hand should the system need an update or to meet an emergency. A one-time reasonable assessment should be adequate to handle any updates to the system. The town should obtain bid estimates ( and perhaps an engineers' input) for this work to clarify how much money would be needed should such an emergency occur. I would like to know from all documented bills (i.e. propane costs) the costs of running the generator and the anticipated lifetime of the present equipment. A fully transparency is in order for any rate increases or assessments by the Southhold town board. In addition, it would be prudent to hire a current full time resident of the island as an employee to keep a regular eye on the system to see whether the generator is running constantly and to assess the regular needs of the system. It's my understanding the generator only needs to run as needed. I was told that the generator was running constantly, 2 which does not appear to be the case. There is currently approximately 80% fuel in the propane tank and was filled in May 2023. This is not an accurate accounting if the generator is "running all the time". A part-time employee would need to lift the lids to determine when and if they should be emptied would be a good use of current funds and the future health of the whole system. Also, has the town received or requested any competitive bids for the emptying of the sewage tanks? I look forward to your anticipated timely reply to this issue. William Bloethe 860.550.0081. Call/Text ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3 Noncarrow, Denis From: Jane Ahrens <ahrensJane@gmail.com> Sent: Friday,January 12, 2024 3:55 PM To: Noncarrow, Denis Cc: Andrew Ahrens Subject: Fishers Island Sewer District Concerns January 2024 January 12, 2024 To the Southold Town Board, Greetings, We write as residents of the Fort Wright area on Fishers Island and Users of the FI Sewer District(FISD). Like many here, we are concerned about the seemingly arbitrary increase to our sewer fee of 100%. We would also ask: • why this increase was made without any warning, without an explanation of its necessity, and without Town Board approval. • more importantly, is it the right amount to repair and correct the FISD system inadequacies? • has an assessment been done, with estimates for the needed work? • is this fee increase permanent or will it revert once repairs and modifications are made? • should not the "fee" for this service be considered a tax? We ask that the list of FISD Users be reviewed regularly for accuracy in including all Users, the User names and contact information. It appears that several Users may not be included on the billing list for this service. For instance,please confirm the newest build is included, which at this time is the Ferry District freight building's six new apartments, and other facilities in that building,that are all connected to the system. The timing is also unfortunate,particularly for the commercial entities that have already established their budgets for 2024. The Island-supported Community Center fee went from $4,500 to $8,100, as an example. We understand that the maintenance of the FISD system requires visits from Long Island; could not someone here on the Island be retained for such work? The need for a viable system is undeniable and certainly can be expensive to maintain. As such, a rate increase was probably inevitable, but such increases should come with transparency, a reasonable payment schedule (such as quarterly) and more concern for household budgets. Thank you, Andrew and Jane Ahrens 386 Winthrop Drive, #718 Fishers Island,NY 06390 631-788-7487 Home 203-613-7181 Cell/Text Andrew 203-801-8431 Cell/Text Jane i Noncarrow, Denis From: William Bloethe <wr.bloethe@fischool.com> Sent: Friday,January 12, 2024 9:33 PM To: Noncarrow, Denis Subject: Fwd: Sewer increase 2024` Fishers island school faculty housing Sent from my i �Q Begin forwarded message: 110 ' From: William Bloethe<wr.bloethe@fischool.com> Date: January 12, 2024 at 12:27:17 PM PST tho�4, To: ��ly Subject: Sewer increase 2024. Fishers island school faculty housing h C/@rk Hello town Board. I am writing in regards to the sewer fees,increase on Fishers Island as the board president of Fishers Island school. As you know we have eight units for teachers that all require the sewer usage. Number one there was no notice sent out about an increase for 2024 sewer fees , I think we all understand that there can be increases if necessary for upgrades to the system or equipment, but we need to be transparent what you will be spending the increased for like new equipment or enlarge the septic field across the street from the school ,with 100% increase will this be the new normal or is this a one time increase ??. There should be an island person that can monitor the system out there ,.Now we will have to notify all of our tenants that there may be rent increases in the future. Let's hope the Board does thIs right,because the town engineer Mike Collins is not on the island unless there is an issue with the system ,this person could be reporting issues to him directly , Sent from my iPad ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i