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HomeMy WebLinkAboutLL-1979 #01LOCAL LAW NO. , 1979 A local law to amend Chapter 48 of the code of the Town of SoUthold in relation to the use of the town refuse disposal area. 1. Section 48-3 of Chapter 48 of the Code of the To%vn of Southold is hereby amended by adding a new subsection thereto, to be subsection C, to read as follows: C. No vehicle shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold, unless such vehicle displays a valid parking permit issued pursuant to the~ provisions of Section 65-3 of the Code of the Town of Southold 2. This local law shall take effect immediately. DEPARTMENT OP' STATE 162 WA,~-IINGTON AVENUE ALaANY, NEW YORK 1~31 Robert W,.' Tasker, esq. OFFICE OF TOWN ATTORNEY. 425 Main Street TOWN OF SOUTHOLD Greenport, NY '11944 'August 9,'1979 Pl~asa be adv2sed Cha= Local Law(s) No. 1 .o~ 1979 o~ :h'e TOwn of Sou~hold. · July 30, 197~. · ~'are .enc!os'~n~ a~dl=!ona.i forms for your fu:ure fm e=c. - $:a:e ComgCro.ller DiVision of ~unlclpal Affairs Gat1 A. BaCas $:a:.e ~eco:ds & · Law Bureau AC 2061 (1,'79i EDWARD V. REG~,FI State Comptroller STATE: OF' NEW YORK DEPARTMENT OF AUDIT AND CONTROL ALBANY ] 2236 September 20~ 1979 WILLIAM C. WALSH Oeputy Comptroller I~1 Rel~lying Refer To Robert W. Tasker, !Esq. Office of Town Attorney 425 Main Street Town of Southold Grsenport~ N.Y. 11954 Dear Sir/Madam: This is to advise that Local Law(s) No. of 1979 for the Town of Southold was received and filed on July 30, 1979 Very truly yours, EDWARD V. ~GAN ~ ..... ~-~. State ~o~ oller ~ 'x. I Kendall R. Pirro Associate Attorney Charters Unit KRP :dak cc: Secretary of State ~!ea~ Use th~ Frown for F~g your Local Law with the Secrem~ c~f Staie} 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. ~Bi~ Sonthold Town Local Law No .................... .1. ..................................... of the year 19 _7..9.. ...... · ' ' w to amend Chap..ter 48 of the code of the Town of So'uthold in relation A local la ................. '.: ...................................................................................... ; .......................... (ln~t title) to the use of the town refuse disposal area. Be it enacted by the ........................ T,~.n.....B...°...a.r..~. ................................................................................... of (N~me d Lefisl~ive Body) x6~ of Southold as follows: Town 1. Section 48-3 of Chapter 48 of the Code of the Town of Southold is hereby amended by adding a new subsection thereto, to be subsection C, to teas as follows: C. No vehicle shall be permitted to transport refuse into any refuse disposal area maintained by the Town 6f Southold, unless such vehicle displays a valid parking permit issued pursuant to the provisions of Section 65-3 of the Code of the Town of Southold. 2. This local law shall rathe effect immediately. ~(If additional space is needed, please attach sheets of the same size as this and number each)"~ Page 1 (Complete the certification in the paragraph which applies to the filing of this local law and strike out the (Final adoption 5y local iegistative body only,) I hereby certify that the local law annexed hereto, designated as local law No ........... ..1...... of 19...7...~"'%,:~ of thexItxyx of Southold was duly passed by the ................. Tg...w...n.....B...o...a..r...d. .................................... "['own ...................................... (Name of Legislative Body) on ............. .J.u..IY...2...4. ................... 19...7...9.. in accordance with the applica'ble provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassagc after.disapprovaL) I herebycertify that the local law annexed hereto, designated as local law No ..................... of 19 ........ County City of the Town of ...................................... was duly passed by the ................. i~'~;"~}"[[;'~;~'i;'t'i',~'~L'&~i .......................... Village not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Elective Chief Executive Officer ~ and was deemed duly adopted on ........................................................19 .........in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local taw No ................... of 19. ......... County of the City of ...................................... was duly passed by the ...................................................................................... Town (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief l~xecutive Officer * on ...................................................................... 19. ........ Such local law wag submitted to the people by reason of a mandatory permissive referendum,and received the affirmative vote of a majority of the qualified'electors voting general thereon at the special election held on .................................................... 19 ........ , in accordance with the appli- ann ual cable provisions of law. (Subject to permissive referendum,an~t final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. ......... Co un ty City of the Town of ...................................... was duly passed by the ................................................................................ on (Name of Legislative Body) Village not disapproved .................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executive Officer * .............................................................. 19 ......... Such local law being subject to a permissive referendum and no valid petition requesting such referendu= having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , 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 or, if there be none, the chub-man of the county legislative body, the mayorof a city or village or the supervisor of a tow~ wh~r~ such officer is vested with power to approve or veto local laws or ordinances. Page 2 (Cit) local law concerning Charter re~ mion proposed by petition.) I hereby certify dmt the local I aw annexed hereto, desi Dated as local la No .....................of 19 ........ of the City o¢ b, avi ~g been sul~mit~ed to referendum pursuant to the provisions of 37 of the },mnlc~pa~ ~iome Rule ~aw,and having received the amrma,zve vote a , special of the qualified electors of such city voting thereon at the general election held on .................................. ................ 19 .......... became operative. 6. (County local law concerning adoption of Charter.} I hereby certit¥ that the local law annexed hereto, designated as Local Law No ....... of 19 ...... of the County of ......................................... State of New York, h. aving been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal 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 of 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 original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............... .1. ........... above. CleOerk of the County legislative body, City, Torpor Village Clel'k or oftic~r designated by local legislative body Judith T. Terry, Sou;hold Town Clerk Date: July 26, 1979 (Seal) (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 taw annexed hereto. Signature Town Attorney Title Date: July 26, 1979 ~dgaxt¥ ~ of .............. .S...o.'.~.t..t..h...o.!d. ............................... Page 3 PUBLIC HEARING ON A LOCAL LAW TO ~END CHAPTER 48 OF THE CODE OF THE TOWN OF SOUTHOLD IN RELATION .TO THE USE OF THE TOWN REFUSE DISPOSAL AREA A public hearing was held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York, 11971 at 8:10 P.M. on Tuesday, July 10, 1979, on a-Local Law entitled "A Local Law to Amend Chapter 48 of the Code of the Town of Southold in Relation to the Use of the Town Refuse Disposal Area., PRESENT,were: Deputy Supervisor James F. Homan Councilman Henry Drum Councilman William R. Pell, III Justice Martin Surer Justice Francis T. Doyen Town Clerk Judith T~ Terry Town Attorney Robert W. Tasker Deputy Supervisor James F. Homan ca~led the hearing to order at 8:10 P.M. (D.S.T.) Justice Surer read the Notice of Hearing as follows: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold on the 12th day of June, 1979, a Local Law entitled "A Local Law to Amend Chapter 48 of the Code of the Town of Southold in Relation to the Use of the Town Refuse Disposal Area", as follows: 1. Section 48-3 of Chapter 48 of the Code of the Town of Southold is hereby amended by adding a new subsection thereto, to be subsection C, to read as follows: C. No vehicle shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold, unless such vehicle displays a valid parking permit issued pursuant to the provi- sions of Section 65-3 of the Code of the Town of $outhold. 2. This local law shall take effect immediately. Copies of such Local Law are available at the office of the Town Clerk for inspection by and distribution to any interested person during business hours. Page 2 '~. P.-~BLIC ~EARING; Local Law to Amend Chapter 48 of the Code of the Town of SOuthold July 10, 1979 NOTICE IS 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, Main Road, Southold, New York on the 10th day of July, 1979, at 8:10 P.M. at which time and place all interested~persons will be heard. DATED: June 12, 1979 BY ORDER OF THE S0UTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK JUSTICE SUTER: Wa also have affidavits from Joan Gustavson of the Suffolk Weekly times that that the legal notice was published on June 21, 1979, and we have an affidavit from the Long Island Traveler- Mattituck Watchman that the notice was published on June 21, 1979. We have a statement from Judith Terry, Town Clerk of the Town of Southold that the notice was published on the Town Clerk's Bulletin Board, Town Clerk's Building, Main Road, Southold, New York. DEPUTY SUPERVISOR HOMAN: Ladies and Gentlemen you have heard the reading of the public notice, the affidavits that this has been properly publicized for the hearing. This hearing has to do with extending the use of beach stickers, next year we will probably call them general use stickers, to apply their use also for entrance to the disposal area. We have from Mr. Dean and from~other sources some well rounded conuuents that some people from out of .town, namely the outskirts of Riverhead are using Qur disposal area. Those who have been involved with the Town government over the past few years are aware that we have enough trouble with our own garbage, we don't need someone else's. Along that line we have asked the Town Attorney to draft this proposal and we are having this hearing tonight to ask for any comments on the proposal as it has been read to you. Is there anyone present who wishes to speak on this? HOWARD ZEHNER: I was President of the Southold Businessman's Association when this was first brought up, and I think it is a very good idea. Other towns restrict the use of their town dumps. They also, I understand, charge out of towners to dispose their materials in the town dump. There is a monetary reward to the town that way. I am wondering if you have considered a charge for out of towners? DEPUTY SUPERVISOR HOMAN: To my knowledge the Board has not considered charging out of towners. We would just rather not have them as far as the disposal area goes. We would rather limit it to the residents and tax payers of the Town of Southold. MRS. CORNELL: How do you intend to avoid anyone going in. The fact they have a sticker is one thing, but how do you stop a truck or car that does not have a sticker? Page 3 PUBLIC HEARING: Local Law to Amend Chapter 48 of'~he Code of the Town of Southold July 10, 1979. DEPUTY SUPERVISOR HOMAN: Initially we will have some type of surveilance to tell the people who do not have a sticker to get one. Maybe w~ will have people there to issue the st~ckers to the people. upo~ th6ir s~mitting proof of their residency. Is there anyone else present who has ah~thing to say. GLADYS CJASK~: I didn't understand what you said at the end. You may have answered what I was going to ask. I think it is a great idea~ What are you going to do about the three camps. Are they going to dis- pose of their garbage there or bring it to the dump. If the campers cannot go to the dump, they will just leave it along side of the road somewhere. DEPUTY SUPERVISOR HOMAN: I believe as far as KOA is concerned, if that is what you are referring to ..... MRS. CJASKO: I think there are three camps in Town. DEPUTY SUPERVISOR HOMAN: Whatever. I think the camps are pro- bably regulated by the Suffolk County Health Department that they have disposal system on site. Those people who run the camps are residents of the Town so there should be no problem with the garbage. MRS. CJASKO: Oh, okay. DEPUTY SUPERVISOR HOMAN: Does anyone else have any comments? MR. ZEHNER: I don't mean to belabor this, but the intent of the original proposal was to allow contractors to come in to do work in the area, dispose of their materials, and be charged for this service. I understand there~is~ai~ob~ ~i~t~'~h~ dump. Where would an out of town contractor who has a license to work in the town based on the low bid situation dispose of his material. JUSTICE SUTER: There is already in the Code as established under Section 48-3, subsection B "No garbage, refuse, rubbish or other material that does no% have its origin within the Town of Southold shall be de- posited or disposed of in the Town Refuse disposal area. If it originates in the Town of Southold, the contractor can dispose of it there. DEPUTY SUPERVISOR HOMAN: We do make provisions for stickers for out of town residents, which enables them to use our stickers for the beaches, etc. The same would apply for the disposal area. Does anyone else have any comments on this proposed Local Law. Has everyone had the opportunity to speak? There being no further comment, I declare this public hearing closed at 8:20 P.M. Respectfully submitted, · / Babette C. Conroy / Secretary legal' notice: PUBLIC HEARING ~ ~ ON LOCAL LAW ' · ,. OF SUFFOLK, '!'. NOTICE 'is hereby given' ' ~ ~ ~- OF NEW YOI~, ' I:;;~J jjlor(, jl::.~ JN"?;I preened · issued p~uantW the ~ · , '1,: '1',,.~ ;, Ih~t. rd n, the To~n, :, ,,, ~ ,,,,,,.,;, ,,~, ,h,, ;~.r'(,. :~,~2, ;. I.oca, Mw en~ . SO~iholfl~ ~re titled "A Local Law to Amend' Chal:ter 48 oi' ]be Code vt' '1'o~[: of Soul. bold in Relation to dm [:se o1' It,e Town Itel'use Ihspos:..d Area". as Inllows: 1. Section 48-;; of Chapter 48 of tl:e Code o£ the Town of $outho]d is hereby- amended by adding a new, subsection thereto, to the: subsection C, to read as fo]- ss: iness hourS. .. ,~..~s.q;a~.=o~ ............ being duly Sworn. ~ihat ..~hO., is Printer and Publisher o! the SUFFOLK i[LY TIMES. a newslx~per published ~zt Greenport, in said ,,~, and t~at the notice, o! which the annexed is a printed .,, 'h~s been published in the z-id Sutfolk Weekly Times NOr~CE IS GIVEN that the TOwn''Board ' [l each week, tot ...... Q.ll..e. .................. weeks of the Town of Southold will ~ hold a public hearing .on the siwly eommencin(j on the .... 2..~?.~ ................. aforesaid Local. I_;aW at th~ lows; :... C. No vehicle shall be ' permitted to transport '1: '"' .S0uthold Town'. tlall, j 'M. ab} . ~ ... ~l. lz.e..... 19 refuse into any refuse dis- Road Southold,of NeWjuly,--or' 'on . . ...... ff~'( },~:;~,y.~.,~'"~ pos, ti :re.:, n,.'dlli,.,i,.vd by;: the 10th day ,~ -, vch ' ( ~O ~i~ea~ ~ntereSt~;Oe~°n~': ~ to ~e me this .. ~ .... a valid ~rk~g ~rmit. ~i~h~ard. ' ' ~i! '~' ' ~- l · DATED; June 12, 1979' :i::...ir,i' ii~ ..... ~}~ ..... /. 19. ~./, J By ORDER oF /? C:~i.,.-~/.:' . /" .TOWN BO~ ~ .......... /'"~ ' ;~ .......... NOTICE OF . PUBLIC HEARING ON LOCAL LAW NOTICE is hereby' given :that there has~been presented ~to the Town Board of the'Town of South01d on 'th~/: 12th day of June, 1979, a Local Law . i~".entitled '!A Local Law to. 'AmendChapt:r ~8 of the Cnfle RelatiOn fo .:the Use of the Sou~e!d:'~s .hereby .a~nded ' b9 adding a new subse~ion thereto, ta be subse~ion C, to ' read as follows: ' , ][:: CJ No vehicle sh~I'b~ pet- . mitred ~ transPe~ ~e~us~ int~_.~'l . h ~y ~efus~ ais~s~'atea ma~- ' ~"~'~ed by' the ToWn of South- . ii?"plays a 'v~id 'p~g pemit ~?,'/ssu~&'P~tsuam ~ the p~vi- '~ gions of Se~ion 65-3 6f the }':~ Code of the ~wn .0f Soul, ora. ~ L. 2. ~is '1o~1 la~ shaB take )l'.~ffe~ imm~dimely. ~0pies of ~uch ~cai I a.. arc, avaqable at :he ,'d'fic~ ol ibc [ov'u ClerL for ~[;. to any ~terested person our7 4. '~g bus,ess hours. ):.~ .G~EN ~at the Town ~ard o~ '~I~ :the'Tom of $outhold w~ hold ~¢:~a public hearing on the ;~:*af~esaid ~cal ~W at the l:~S0uthold Town Hall, Main ~h~.Ro,d;. ~u~old, New York on ~}:t the l~h day of July, 1979 at '[[-: 8:10 P.M.' at which t~e and qi:plaee ~1 ~t~ed germns :~I;~,DATED: Juoe 12. 1979 ~}'.::. · BY ORDER OF T~ ' ' sOuTHOLD TOWN BOA~ ,¢~ JUDITH T. TERRY ::: Town Clerk ~} .... IT. 6,'21/79 (899) COUNTY OF SUFFOL,~' STATE OF NEW YO.",RK ss: Patricia Wood, being duly sworn, soys that she is the Editor, of -i~.HE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at £outhold, in Suffolk County; and that the notice of which the annexed is o printed copy, i~as been published in said Long Island Traveler-Watch- man once each week for ................ / ......................weeJ~ successively, commenci~g o~1 the ....... ~..Z ........................... Sworn to before me this ....~.. ................ cloy ct CLEMENT J. THOMPSON ~IO_TARY PUBLIC, State nf New York Ne. 52-9321725 Residing in Suff0Jk County ' ~ommission Expires lC, arch 30, 1980