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HomeMy WebLinkAboutLL 2009 #09DAVID A. PATERSON ~OVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 August 24, 2009 LORRAINE A. CORTE~S-V~,ZQUEZ SECRETARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall, 53009 Main Road PO Box 1179 Southold NY 11971 RECEIVED AUG 2 8 2009 Southold Town Clerk RE: Town of Southold, Local Law No. 9, 2009, filed on August 21, 2009 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny, us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW. DOS.STATE.NY.US E-MAIL: INFO,DOS.STATE.NY. US SOUTHOLD TOWN BOARD PUBLIC HEARING August 11, 2009 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened 7:58 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of July 2009, a Local Law entitled "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste 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 llth day of August, 2009 at 7:32 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 the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to the Amendment of Requirements for lssuance and Duration of Permits and Licenses for Solid Waste Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To increase the duration of permits for solid waste disposal from one year to two. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: Disposal Permits Duration Public Hearing 2 August 11, 2209 §233-4. Fees; issuance and duration of permits and licenses. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits shall be vahd ~ from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for cme two years from the ~ issue date. 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. I have a notice that it has appeared as a legal in the Suffolk Times newspaper, it has also appeared on the Town Clerk's bulletin board outside. And I believe that that is all the documentation in the file. SUPERVISOR RUSSELL: I would ask anybody that would like to comment on this particular issue to please come up at this time. (No response) Dump stickers usually raise more ruckus than this. Let me just get a clarification, is there still a proposal that would discount stickers prior, because I am reading the notes from the Solid Waste Coordinator, is his price $35 purchased prior to January 1 and $40 if purchased after January 1 ? JUSTICE EVANS: We are going to have to set that by resolution. COUNCILMAN WICKHAM: That is separate matter. SUPERVISOR RUSSELL: Okay. Nobody else would like to comment on this? (No response) This hearing was closed at 8:00 PM Southold Town Clerk ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 2009 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 9 of 2009 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 9 of 2009 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. Enclosures Very truly yours, Lynda M Rudder Southold Deputy Town Clerk cc: Town Attomey NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY1 NY 12231 (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. [3 County Cl City [] Town of r~ Village SOUTHOLD Local Law No. 9 of the year 2009. A Local Law entitled, A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal. Be it enacted the Town Board of the: [3 County Ci City [] Town of rn Village SOUTHOLD Purpose - To increase the duration of permits for solid waste disposal from one year to two. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: {}233-4. Fees; issuance and duration of permits and licenses. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits shall be valid from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for two years from the issue date. IlL 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-239(Rev.05/05) (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. 9 of 20 09 of the (C~n?~')(C~')(Town) (V~!a?,;) of SOUTHOLD was duly passed by the TOWN BOARD on August 11 ,20 09 , 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*.) 1 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 ofa (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 ora 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. 5. (City local law concerning Charter revision proposed by petition.) 2 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.) 1 further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. (Seal) Clerk o~he County legi~lativ~-b~offy.~'"~'i-ty. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: August 17~ 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law ~ ~ignature J -- ~negan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of $OUTHOLD Date: August 17~ 2009 Southold Town Board - Letter Board Me g of August 11,2009 RESOLUTION 2009-705 ADOPTED Item # 5.31 DOC ID: 5230 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-705 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of July, 2009, a Local Law entitled "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" and WHEREAS that 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 ADOPTS the proposed Local Law entitled, "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" reads as follows: LOCAL LAW NO. 9 of 2009 A Local Law entitled, "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To increase the duration of permits for solid waste disposal from one year to two. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: {}233-4. Fees; issuance and duration of permits and licenses. Generated August 17, 2009 Page 40 Southold Town Board - Letter Board Meeting of August 11, 2009 Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits vahd ............... · .... ~ ........ ~ *~' ..... ~. r~ .... ~'~- 2 ! from the date shall be · of purchase until December 31 of the following calendar year. Commercial permits shall be valid for one two years from the date.-the issue date. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANZHOUS] IqOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 17, 2009 Page 41 #9378 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 23rd day of July, 2009. Sworn to before me LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of July 2009, a Local Law entitled "A Lo- ~ and W~g~81t~M~ reads as follows: ~!~. Town of Southold is hereby amended as follows: §2334. Fees; issuance and duration of permits and licenses. C. Issuance and duration of permits and/or licenses. All permits and/or censes provided for in this article shall be issued by the Town Clerk. Residential permits shall be valid f~,z from the date of eurchase until Decer~- bet 31 of the followin~ calendar year. Commercial permits shall be valid for / '~Principal Clerk day of 2009. C '--' 7~[ STIH A VOLINSKI NOTAR~f i,!~B~C STATE OF NEW YORK ,'40 b' ,,,06105050 ~uc:tlf[od in Suffolk COUWI¥ Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.com] Sent: Monday, July 20, 2009 10:02 AM To: Cooper, Linda Subject: RE: Legal Notice of Public Hearing Good morning Linda, I have received the legal ad and we are good to go for this week. Thanks and have a great Monday! Candice P.S. took a peek at this one, love the change to a two year permit. ;) From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Monday, July 20, 2009 8:14 AH To: Suffolk Times Legals Subject: Legal Notice of Public Hearing Please confirm receipt of this Legal Notice of Public Hearing to be published 7~23~09 in the Suffolk Times. Thank you. Linda J. Cooper Deputy Town Clerk 7/20/2009 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of July 2009, a Local Law entitled "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste 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 llth day of August, 2009 at 7:32 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 the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose- To increase the duration of permits for solid waste disposal from one year to two. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: {}233-4. Fees; issuance and duration of permits and licenses. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits shall be valid r ....... December 2 ! from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for one two years from the ~ issue date. 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. Dated: July 14, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON July 23, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suftblk Times TC's Bulletin Board SWD Town Board Members Accounting Dept. Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ,ff'o_r° day of~4g_~, 2009, she affixed a notice of which the annexed printed notice is a tree d6py, 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. Re: 2 Yr Disposal Permit ~ ~l~abeth ~.. Neville Southold Town Clerk Sworn before me this ~ 7~ day of /~o,~L4~ ,2009. NCtary Public LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563. Suffolk Coun~,t,y Term Expires December 31, 20-~-. RESOLUTION 2009-606 ADOPTED DOC ID: 5158 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-606 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of July, 2009, a Local Law entitled "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" now, therefore, 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 llth day of August, 2009 at 7:32 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 the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To increase the duration of permits lbr solid waste disposal from one two. year to Resolution 2009-606 Board Meeting of July 14, 2009 II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: {}233-4. Fees; issuance and duration of permits and licenses. C. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits shall be valid c ....... ~_~ ....... T ........ I +h ..... ~ ~ from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for znc two year_s from the ~ issue date. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 7/14/2009 1:23 PM by Lynne Krauza Page 2