HomeMy WebLinkAboutLL-1990 #22 LOCAL LAW NO. 22 1990
A Local Law in Relation to Shellfish Permit Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is
hereby amended as follows:
Section 77-203 (Permit fee; expiration; display) is hereby
amended to read as follows:
Ao
The fee for a commericial shellfish permit shall be
twenty dollars ($20.). Effective on and after January
1. 1991 the fee for a commercial shellfish permit shall
be thirty-five dollars ($35.). Such permit shall expire
on December 31 of the year of its issuance.
Co
The fee for a temporary resident shellfish permit shall
be ten dollars ($10.). Such permit shall be issued only
for the period of time that such temporary resident
occupies living quarters within the Town of Southold
The fee for a permanent resident or taxpayer shellfish
permit shall be three dollars ($3.). Effective on and
after January 1, 1991, the fee for such permit shall be
five dollars ($5.). Such permit shall expire on
December 31 of the year of issuance. There shall be no
fee for a permanent resident who has attained the age of
sixty-two (62) years.
II. This Local Law shall take effect upon its filing with the Secretary
of State·
NYS DEPARTHENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
DATE: 11/7/90 .~,¥' ~
Local Law Acknowledgment
Office of the Town Clerk
Town of Southold
Town Ha11-53095 Main Road
Southold, NY 11971
Attention: Judith T. Terry
DOS-236 (Rev. 6/90)
~ LOCAL LAW(S) NO, 'rEAR
I 19 thru 24 1990
FILING DATE
10/29/90
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
(Plea.se Use this Form for Filing your Local Law with the Secretar~ o[ 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.
o! Southold ..............
Local Law No ...... 22 O[ the year 19 .9.0 ........
Alocailaw In Relation to Shellfish Permit Fees
{Insert title)
Be it enacted by the ............... .T. 9.w.n...B. qa. r..d ........................................... o! the
(Name of Legislative Body)
~0~I~X Southold
Ri:~X 0! ......................................... as follows:
Tow '
Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 77-203 (Permit fee; expiration; display) is hereby amended
to read as follows:
The fee for a commercial shellfish permit shall be twenty
dollars ($20.). Effective on and after January 1, 1991 the
fee for a commercial shellfish permit shall be thirty-five dollars
($35.). Such permit shall expire on December 31 of the year of"
its issuance.
'B.' The 'fee for a temporary resident shellfish permit shall be
ten dollars ($10.). Such permit shall be issued only for
the period of time that such temporary resident occupies
living.quarters within the Town of Southold.
C. The fee for a permanent resident or taxpayer shellfish permit
shall be three dollars ($3.). Effective on and after January
1, 1991, the fee for such permit shall be five dollars ($5.).
Such permit shall expire on December 31 of the year of issuance.
There shall be no fee for a permanent resident who has
attained the age of sixty-two (62) years.
II. This Local Law shall take effect upon its filing with the Secretary of-State.
(I~ additional space is needed, please attach sheets of the same size as this and number each)
(1)
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicabi.e..)
1. {Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No....2.2 .... of 199.0 ......
(~ 'Southold was duly passed by the .... To.w.n...B. Qa. ~'¢ .......................
of the Town of ................ - .... (Name of Legislative Body)
on .....O..c?..b. ?..~...2..3.; ....... 19.9..0 ..... 'in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
! hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
. City
oftl~eTown of ................
Village
was duly passed by the .........................................
(Name of Legislative Bod~)
not disapproved
and was approved
repassed after disapproval
by the ............................
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 law No ......... of 19 ........
County
.. City ...............................
ot trte Town of ................ was duly passed by the .......... (Name of Legislative Body)
Village
not disapproved
on ............................. 19 ........ and was approved by the ............................
repassed after disapproval Elective Chief Executive Officer*
on ..... .' ............................ 19 .......... Such local law was submitted to the people by reason of a
mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on .............................19 ......... in accordance with the applicable
annual . .
provisions of law.
(Subiect to permissive referendum, and final adoption because no valid petition filed requesting referendumJ
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
of the n of ................ was duly passed by the ............ '{~: ~(£e~i~i~;i~;~¥o'a;,}' ...........
Village
not disapproved
on ............................. 19 ........and was approved . by the ............................
repassed after disapproval Elective Chief Executive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum 'and no
valid petition requesting such referendum 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 ch(e! executive officer of a county elected on a~unty-wide basis or, if
there be none, the chairman of the county legislative body, the mayor o! a city or village or the super~'isor o[ a town where such
officer is vested with power to approve or veto local laws or ordinances.
{2)
o
(City local law concerning Charter revision pro~sed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
~36
provisions of ~37 o the Municipal Home Rule Law, and having received the affirmative vote of a
special,
majority of the qualified electors of such city voting thereon at the general election held on ............
............ 19 ......... became operative. .
o
(County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No....2.2 .... of 19.~.0- ......
of the County of ...~u ffol. l~ ............ State of New York, having been submitted to the Electors at the
General Election of November ..... 7. ....... 19.0.9..., 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 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 certifica-
tion.)
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.
Date: October 24, 1990
o fficer'designat~d by local legisl~¢ body
Judith T. Terry, Town Clerk
(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 ...S...U..F..F..O..L..K. ................
I, the undersigned, hereby certify that the foregoing l~cal law contains the correct text and that all
proper proceedings have been had or taken for the enactment ~ the loc~C~law annexed hereto. ~
.
Matth ' . ' , ' y
Title
Date: October 24, 1990 X~IX of Southold
Town ..................................
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
October 23, 1990
8:05 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO SHELLFISH PERMIT
FEES".
Present
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The third public hearing for this evening is a "Local Law
in Relation to Shellfish Permit Fees".
COUNCILMAN PENNY: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the
10th day of October, 1990, a Local Law entitled, "A Local Law in Relation to Shellfish
Permit Fees". 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 23rd day of October, 1990, at 8:05 o'clock
P.M., at which time all interested persons will be heard. This proposed "Local Law
in Relation to Shellfish Permit Fees" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 77-203 (Permit fee; expiration; display) is hereby amended
to read as follows:
A. The fee for a commercial shellfish permit shall be twenty
dollars ($20.). Effective on and after January 1, 1991, th
fee for a commercial shellfish permit shall be thirty-five
dollars ($35.). Such permit shall expire on December 31 of
the year of its issuance.
B. The fee for a temporary resident shellfish permit shall be ten
dollars ($10.). Such permit shall be issued only for the
period of time that such temporary resident occupies living
quarters within the Town of Southold.
C. The fee for a permanent resident or taxpayer shellfish permit
shall be three dollars ($3.) Effective on and after January 1,
1991, the fee for such permit shall be five dollars ($5.).
Such permit shall expire on December 31 of the year of
issuance. There shall be no fee for a permanent resident
who has attained the age of sixty-two (62) years.
Pg 2 - PH LL in Relation to Shellfish Pernlits
I1. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of this Local law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: October 10, 1990. Judith T.
Terry, Southold Town Clerk." I have an affidavit of publication from The
Traveler-Watchman, an affidavit from the Suffolk Times, an affidavit of posting from
the Town Clerk, that this has been posted on the Town Bulletin Board for the
appropriate time. There are no further communications.
SUPERVISOR HARRIS: Is there any member of the audience, that would like to
address the Board on this this Local Law change?
STEVE LATSON: My name is Steve Latson. I'm Secretary of the Baymen's Associa-
tion. I'm a bayman. Overall, I understand why we need to pay more money for
different things, etc., but in light of what's going on with the shellfish in Southold
Town, I'm wondering, first of all, is this money going to help rectify the situation?
As you probably realize,we're losing all of our creeks to shellfishing. At this point
in time, well over half of the creeks are only opened during the winter from, I believe,
it's the last day of December, or the first day of January, until the last day of
April. In lieu of that, I would, first of all, say that the residential fee is almost
becoming pointless. You still have Hallock's and Dam Pond. I don't know how many
more years you've got with themt probably not many. The real point is, are we
going to start opening up our creeks, correcting the problems. You know, from
a commercial standpoint at this time, even having those creeks just for those few
months, is not really any great boom. Really, I guess what I'm trying to do is
point out the larger picture here, you know~ not just the increase in the fee. I
would gladly pay that, if I thought I could go clamming and make it up, but we've
got a big problem here, and you know, I'm not really sure that these fees even
should be raised considering the situation, not like you're going to use those creeks
much at all, and I'm sure a lot of baymen will be very unhappy about it, basically
because most of these creeks have been pulled out from under them, last year, last
several years, and you know, as far a residential people, I wouldn't even bother
buying a permit at this point in time. Now, maybe, if you keep it Iow, they'll still
chip in a few bucks. As for the summer residents, you might as well forget about
it, because except for Hallock's they don't have any place to go. So, I guess that's
basically what I have to say. I think it's an undue fee in this point in time, as
far as shellfishing goes. If you could guarantee that the money would go directly
into runoff projects, to try to open up a couple of creeks, that have been closed
down, I think maybe that would be feasible, because then, at least you could say,
okay, pay more money, but we're going after Town Creek, Jockey Creek. We're going
to fix this problem. So, if you do it with that in mind, and then maybe rationalize
it. Otherwise, you know, within five years you're going to be getting zero money
on this line in the budget.
SUPERVISOR HARRIS: Is there anybody else, who would like to speak on this Local
Law change? (No response.) If not, I declare this public hearing closed.
LEGAL NOT1C~
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there has
been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on
the 10th day of October, 1990,
a Local Law entitled, "A Loeal
Law in Relation to Shellfish Per-
mit Fees."
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold
a public hearing on the aforesaid
Local ]Law at thc Southold Town
Hall. Main Road, Southold,
New York, on the 23rd day of
October, 1990, at 8:05 o'clock
P.M., tit which time all interested
persons will be heard.
This proposed "Local Law in
Relation to Shellfish Permit
Fees" reads as follows:
BE IT ENACTED by the
Town Board of the Town of
Sou(hold as follows:
I. Chapter 77 (Shellfish) of
the Code of the Town of
Sou(hold is hereby amended as
follows:
1. Section 77-203 (Permit fee;
expiration; display) is hereby
amended to read as follows:
A. The fee for a commercial
shellfish permit shall be twenty
dollars ($200. Effective on and
after January 1, 1,091 the fee for
a commercial shellfish permit
shall be thirty-five dollars ($35.).
Such permit shall expire on
December 31 of the year of its
issuance.
B. The fee for a temporary
resident shellfish permit shall be
ten dollars ($10). Such permit
shall be issued only for the
period of time that such tem-
porary resident nccupies living
quarters within the Town of
Southold.
C. The fee fm a permanent
resident or taxpayer shellfish
permit shall be three dollars
($3.) Effective on and after
January 1, 1991, the fee for such
permit shall be five dollars ($5).
Such permit shall expire on
December 31 of the year of is-
suance. There shall be no fee for
a permanent resident who has
attained the age of sixty-two (62)
Il. This Local Law shall take
effect upon its filing with the
Secretary of State.
Copies of this Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours.
DATED: October 10, 1990
JUDITH T TERRY
SOUTHOLD 'IOWN CLERK
IX-10/18/90(3)
COUNIYOF St/FFOLK
SIAIL.()F NI£W
Palricia Wood, being duly sworn, says that she is
Editor, o[ (HE LONG ISLAND TRAVEL.[D~-WA]CIIMAN.
,t public newspapel printed at Southold, in 5cdlolk (,()[Jills
has hcm~ published in smd Long Island Irav*'h'~-W,d~
succcssivcly,commcncmgon the ....... ~ ........
Notary Public
BAR[k~RA. A. SCHN [:1
NOTARY PUBLIC, ~te 0l ~
No. 480~46
Ot~lified in SuNo]k
Commission Ex pir~
L~GAL
~ OF
PUBUC i~ARIN~
ON ~AL LAW
~C NO~CE ~ HE,BY
G~EN thnt ~ has been ~e-
~ to ~e Town Board of ~e
T~ ~ ~ ~o~ ~y,
~ F~.
~CE 1S ~R~ER G~
~d. New Y~. on the ~
lati~ to Shellfish Pe~it Fees"
BE ~ ENAC~D by thc Town
~ of ~ T~ of S~old as
L ~apter 77 (Shellfish) of the
he~ m~ ~ follows:
1. SU~ 77-203 (Pe~it f~;
shellfish posit shall ~
twen~ dolls~ ($20.). Ef-
mercial shellfish pe~it
($35.). Such ponnit shall
ezpi~ on Dezmber 31 ~
tbe year of i~s isstuace.
The fee for a temporary
resident shellfish ponnit
shall be ten dollars (S10.).
Such permit sbeU be ismed
only fo~ the period of time
occupies livins quarters
within the Town of
Se~told.
C. The fee for a permanent
~sident or taxpayer shell-
fish permit shall be throe
dollm ($3.). Effective on
and after ]saua~ 1. 1991.
tbe fee f~ tach permit than
be five 6olhu ($3.). Such
cember 31 of Ibc year of is-
suance. The~ shall be no
fee for a peanut resident
'fllil Lmnl Lov dtd mb dfml
to ~my inte~8~tod ~ dufi~
DATBD: ~ 10, 1~O.
IUI)ll]'I T. ~Y
SO%ri'HOLD TOWN CLERK.
STATE OF NEWYORK}
)SS:
COUNTYOF SUFFOL~
Christina Volinski of Mattituck, in
said County, being duly sworn, says that he/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 ts a printed copy, has been regularly published in
said Newspaper once each week for I weeks
successively, commencing on the 15 day of
October 19 90
Principal Clerk
Sworn to before me this ~.~
~,~.:I )~'//,~ ~,' ~sso ~ ~ ~',~