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HomeMy WebLinkAboutLL-1990 #23 LOCAL LAW NO. 23 , 1990 A Local Law in Relation to Landfill Permits BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 48 IGarbage, Rubbish and Refusel of the Code of the Town of Southold is hereby amended as follows: 1. Section 48-4(A)(1) is hereby amended to read as follows: Resident landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid resident landfill permit issued in accordance with the following: ao A resident landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. Persons applying for resident landfill permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: (1) A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (2) A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (3) Such other proof of residence as is satisfactory to the Town Clerk. The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident landfill permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. Co Resident landfill permits for motor vehicles shall be permanently affixed to the left side of the front bumper of such vehicle. do The fee for the issuance of a resident landfill permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. II. This Local Law shall take effect upon its filing with the Secretary of State. Local Law Acknowledgment O[£ice o[ the ~oW~ Clerk o£ $outhold ToWn "~095 M~in Road , thold, Sou . : JUdith ~' ~tte~t~on ~o~Wjrded upO ' (Ple~e U~ thi~ Form lot Filing your Local Law with the Secretary of Stnte) Text of law should be given as amended. Do not include matter being eliminated and do not usc italics or underlining to indicate new matter. Xi~ilqX of ..- Southold ................ Town ...................................... Local Law No .......... .2.3. .......... 0f the year 1990 ........ Alocallaw ....... In Relation to Landfill Permits (Insert title) Be it enacted by the Town Board of the (Name of Legislative Body) Southold ................ as follows: Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of- Southold is hereby amended as follows: 1. Sectioo 48-4{A)(1) is hereby amended to read as follows: {1} ResiiJen{ landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a resident and/or taxpayer of the Town of Southold and transporting only household refuse., provided that such vehicle displays a valid resident landfill permit issued in accordance with the following: . A resident landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. Persons applying for resident landfill permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: {~} A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (3) Such other proof of residence as is satisfactory to- the Town Clerk. bm The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that"the applicant is a qualified resident of the town. Upon approval of the application, a resident landfill permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. Resident landfill permits for motor vehicles shall be permanently affixed to the left side of the front bumper of such vehicle. (If additional space is needed, please attach sheets of the same size as this and number each) Ii. d. The fee for the issuance of a resident landfill permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. This Local Law shall take effect upon its filing with the Secretary of State. (Complete the certification in the paragraph which applies to the filing o! this local law and strike out the matter therein which is not applicabl.e..) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No...2.3 ..... of 199..0 ...... .. T.c~wn..Bo~r~t ................... of the TOwn of .. ~P.ctt,~Qtd- ..... was duly passed by the ....... (Name of Levsiati~e BOdy) October 23 90 -- · on ....... : ............ · ......... 19 ........ m accordance with the applicable provisions of law. (Passage by local' l'egislative body with approval or no disapproval by Elective Chief Executive Oificer,* or repass*ge alter disapproval.) I hereby certify that the local law annexed hereto, designated as local Iaw No .......... of 19 ........ County City of the Town of ................ Village was duly passed by the ......................................... (Name of Leg~lative Body) not disapproved and was approved repassed after disapproval by the ............................ Eleclive 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 ............................... of the 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. (Subject to permissive referendum, and 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 ........ County '.. City .......................... ot tlae Town of ................ was duly passed by the ........... (N~g~fLegi$1ativeBody) 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 O [ricer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none. the chairman o! the county legislative body, the mayor of a city or village or tl~e supervisor ol a town where such o[[icer is vested with power to approve or veto local laws or ordinances. ¢2) (City local law concerning Charter revision proposed by petition.} ! hereby certify that the local law annexed hereto, designated as local law No ......... of t9 ........ of the City of ................................. having been submitted to referendum pursuant to the provisions of 37 of thc 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. : Date: (County local law concerning adoption o! Charter.} I hereby certify that the local law annexed hereto, designated as local law No...2.3. .... of 19.9..0. ..... of thc County of . ~.tt f~qlJ~ ............ , State of New York, having been submitted to the Electors at the General Election of November .... .7. ...... ,19.~.0..., pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a maiority of the qualified elector~ of the cities of said county as a unit and of a maiority of the qualified electors of thc 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 ...... l ...... above. ~ lerk ~ the County legislative body, Cit~rk or ~ off leer'designated by local legi$1atix~ body Judith T. Terry, Town Clerk October 24, 1990 (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. EE.Q.L-K. ............... I, the undersigned, hereby certify that the foregoing/local la~w contains the correct text and that all proper proceedings have been had or taken for the enact[nen~/of thee l~fcal law annexed hereto~ ' [ Signalur¢ Matthew G Kiernan, Assistant Town Attorney .............. : ............. :.; ................. Title Date: October 24, 1990 Town of . Southold (3) PUBLIC HEARING SOUTHOLD TOWN BOARD October 23, 1990 8:07 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO LANDFILL PERMITS". 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: We'll move on to the fourth public hearing for today, a "Local Law in Relation to Landfill Permits". COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been presented to tile 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 Landfill Permits". Notice is further given that the Town Board of the Town elf 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 8:07 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Landfill Permits" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended as follows: 1. Section 48-4(A)(1) is hereby amended to read as follows: (1) Resident landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid resident landfill permit issued in accordance with the following: a. A resident landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. Persons applying for resident landfill permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence.: (1) A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. Pg 2 - LL in Relation to Landfill permits (2) A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the applica- tion. (3) Such other proof of residence as is satisfactory to the Town Clerk. b. The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident landfill permit shall be issued and inscribed with the vehicle license registra- tion number. Such permit shall not be transferred to any other vehicle. c. Resident landfill permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle. d. The fee for the issuance of a resident landfill permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. II. 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 in The Traveler- Watchman, and I understand it was, also, published in The Suffolk Times, and an affidavit from our Southold Town Clerk Judith T. Terry, that it was published on the Town Clerk's Bulletin Board. SUPERVISOR HARRIS: Thank you, Ruth. Is there any members of the audience, that would like to address the wording in this Local Law, that we're going to be changing? STEVE ODDEN: I'm Steve Odden. I was just curious. I hear that the weight is one ton vehicles? COUNCILWOMAN OLIVA: Under one ton. TOWN CLERK TERRY: Cars. STEVE ODDEN: Okay. What about people, who don't own vehicles, that are that small? COUNCILWOMAN OLIVA: This is really for people, who have cars, or small pickups. COUNCILWOMAN LATSON: This is the sticker, that was $2.00, now we're proposing $25.00. STEVE ODDEN: I have a sticker on a dump truck. It's at 10,000 pounds. Is that going to change? COUNCILWOMAN LATSON: Yes, the fee is..(tape change) Your own dump truck? STEVE ODDEN: I have a landscaping business, and I use the truck for work, but I often use it to take the gabage to the dump. Pg 3 - LL in Relation to Landfill Permits COUNCILMAN PENNY: Do you use it to take in some debris from your landscape maintanance business? STEVE ODDEN: No. COUNCILMAN PENNY: Not at all? COUNCILWOMAN OLIVA: That hearing coming up in a few minutes. SUPERVISOR HARRIS: Anybody else in the audience on this Local Law change? PAUL SCHULZE: My name is Paul Schulze. Do I understand for the fee rate is changing? COUNCILWOMAN OLIVA: The fee rate will be going up to $25.00. PAUL SCHULZE: On $2.00? COUNCILWOMAN OLIVA: That's correct. PAUL SCHULZE: Why such a large jump? COUNCILWOMAN OLIVA: Because it cost a lot of money to take care of your garbage, and with the new Landfill Law it's going to cost you even more. PAUL SCHULZE: Well, because the Town did not do something about it soon enough, is this why we're paying more money for it? COUNCILWOMAN OLIVA: Not really. No matter. Even if, say the bond issue had been passed last year, your fee probably still would have gone up. The idea really is to...you have to understand that today garbage cost money. We've been very fortunate to keep our expenses down, just by landfilling it. But, we want to send a message to the people, that garbage costs money, but recycling, we hope to encourage the recycling by persons that are recycling will not cost you to dump that at the landfill. PAUL SCHULZE: You're all Johnny Come Lately. It should have been taken care of a long time ago. Thank you. SUPERVISOR HARRIS: Yes? Would you state your name for the record, please. VIVIAN BLACKMAN: My name is Vivian Blackman, and I own home in Mattituck, and on this issue, if we're having enough trouble with the landfill problem, we get a McDonald's in here, and we're going to have more trouble with the landfill problem. I think that ought to be considered at this point. Thank you. SUPERVISOR HARRIS: Thank you. Is there anybody else, who would like to address this Local Law? Yes? TOM LLOYD: My name is Tom Lloyd. I'm a local resident. I'd like to know how you arrived at the fee from $2.00 up to $25.00? COUNCILMAN WICKHAM: I don't have the figures right in front of me, but our primary point of reference was neighboring towns, in particularly Riverhead. We didn't want to have a fee significantly lower, that it would attract a lot of garbage from out-of-town. We, also, thought, as Ruth said, that we are anxious to send a message out to the community, that it's going to cost a great deal of money, whether P§ 4 - LL in Relation to Landfill Permits we're early or late, that isn't the point. Beginning in 1991, it's going to cost a substantial amount of money. There's a lot more I could say, but basically that covers it. COUNCILMAN PENNY: Riverhead right now is in the process of floating a $500,000.00 ...Riverhead right now is in the process of passing a bond resolution for $500,000.00 for recycling equipment down at the dump. So far, we have been able to achieve this without going out, and spending a great amount of money, and hopefully some of the money that is brought in from these fees will help us buy the containers, and some of the equipment, that's neccessary to aid us in our recycling. We didn't want to make a big demonstrative jump like Riverhead did. They're up to $100.00 a car right now, and they're still raising a half million dollars in a bond issue to do recycling. We're trying to do it as conservatively as possible, and still accomplish the same goal. SUPERVISOR HARRIS: Anybody else? BETTY ROSS: My name is Betty Ross. I'm wondering if you have thought about the problem, that this is going to cause with littering. I would suggest that, if you're going to raise the fees at the dump, you also raise the fees for fines for littering, and try to enforce it, because I think that if you raise the fees for the dump, you're going to have a lot of people, who are going to put their garbage on the side of the road. TOWN ATTORNEY ARNOFF: I just would like to let you know, at the last Legislative Committee meeting, this matter was discussed, in fact, I voiced a similar... almost the exact same language you did. The Committee was inclined, I think, to go along with that, and hopefully, by the next Town Board meeting there will be legislation, that will go out for public hearing in regard to some dramatically, I think is the accurate word, raising the littering...address things like dumping of household garbage in dumpsters, and things like that, which is not littering in the classic sense, but still is the type of thing, that we're seeking to prevent, people taking their household garbage, and bring it behind Town Hall, or bringing it on other people's property and dumping. SUPERVISOR HARRIS: Thank you. Is there anybody else? COUNCILWOMAN LATSON: I am on the record, already, as being against this proposed fee increase. For several years the Town Board gradually tried to raise the fees from $2.00. It costs the Town Clerk more to pay for the printing of the stickers at $2.00, than it did to revenues that we're taking in. Several years ago, we tried to raise it $5.00, or $7.50, and it was unanimously rejected. At that time, we felt it would have given us the additional revenues to adequately plan for the landfill. This year I feel that the $25.00 fee increase is counterproductive, and the reason that I am not supporting it, besides the dramatic increase, is that at this point in time the only course and plan we have-is, either an optional, a plan with nine various options to present to the DEC. There is no precise plan to handle the garbage after December 18th. There is no contigency plan, and there is another plan to litigate the DEC. I don't feel that's it's right to ask taxpayers at this point to have to subsidize what has turned out to be political demagoguery, and in my opinion reversion back to 1950 attitudes. SUPERVISOR HARRIS: Is there anybody else, who would like to speak? (No response.) We'll declare this public hearing closed. Y~Judith T. Terry ~' Southold Town Clerk ON LOCAL LAW P01/1C NOTICE I$ HEREBY G~'RN thai ~here has been pre- ~ 1~, a ~ ~w ~ "A ~ w~ h~ a pub~ h~ng ~ ~ ~o~aid ~ ~w al the ~ Town HaH. Main R~, ~, New Y~, on the 23rd ~ ~ Oetober~ 19~0, nt 8:07 o~ P.M., at which time ~E XT ENACTED by ~e Town ~ ~ ~e To~ of ~u~old u L ~r 48 (Garbage, Rubbish Town of Southo]d is hereby ~u~old ~d p~ys a v~ ~si~t ~d- fill pe~h issued in ac- ne.ce wi~ ~e follow- shall be issued by ~e des~ ~ her m ~ ms~ of ~ TO~ ~ ~ for ~sident landf~ (1} A v~id ~x ~ipt year for any ~xable · e T~ ~ ~ (2) A v~d m~r ~- of S~old or ~ ~ tlor~ (3) Such other pro~ff of residen,.e as is rells- factor~ to the Town Oerk. b. l~e Town Clerk ~ a Fer- son designated by the Town C~e~ shah inspect such application to termine that the apphcant is a qualified resident the town. Upon approval of the applicadan, a real- dent landf, ll permit sllm~ be issued and insc~ed with the vehicle license registration numbez ~ c. Resid~m landfdl ~ for motor vehicles ~ bemper of such vd6clz. & The fee for the issuance o~ a resident Lqndffil l~r- mit shall be such fee u shall be p~¢~ibed by a resolution of the Somhold Town Board. upen its ~ with the Seen~a~/ of State. Cepies e~ ~ Local Law aw avail. business he.rs.. DATED: Octeber 10, 19go. SOUTHOLD TOWN CLERK 6827-1TOI8 §TATI: 01: NEW YORK) ) COUNTY OF SUFFOLK) 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 Southoid, 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 weeks successively, commencing on the 18 day of October 19 90 Principal Clerk Sworn to before me this LE~ NOTICE COUN [Y OF SUFFOLK ss: STA'I E OF NEW YORK 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 Souihold, Suffolk County, New York, on the 10th day of October, 1990, a Local Law entitled, "A Local Law in R~latlon to Landfill Per- ' mi~,, 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 Oetober, 1990, at $:07 o'clock PM. at which time all interested persons will be heard. This proposed '~Local Law in Relation to Landfill Permits" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rub- bish and Refuse) of the Code of the Town of Southold is hereby amended as follows: 1. Section 48-4(aX1) is hereby · amended to read as follows: (l) Resident landfill permit: for noncommercial .vehicles of less than one-ton capacity own- ed by a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that such vehi- cle displays a valid resident land- fill permit issued in accordance with the following: a. A resident landfill permit shall be issued by the Town Clerk or a pe~on desi/nated by her to all persons who are qualified residents of the Town of Southold. Persons applying for resident landfill permit shall be requested to sign an applica- tion in affidavit form and sub- mit for inspection the following as proof of residence: (1) A val/d tax receipt stub for the current year for any taxable . real propeW~ within the Town o f Southold assessed in the name of the applicant. (2) A valid motor vehicle registration in the name of the applicant end to an address located within the Town of Southold or to an address cor- responding to the address of a validated tax receipt stub for the current tax year for any taxable rea] property within the Town of Southold affixed to the application. Patricia Wood, being duly sworn, says that she is the [Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that tile notice of which the annexed is has been published hi said Long Island l~aw'h'r-Waldm~,m successively, corn nencing on tile ........... /~ ~ Sworn to before me tl~is /,;r chi,, ol i3) Such other proof of residence as is satisfactory to the Town Clerk. b. The Town Clerk or a per- son designated by the Town Clerk shall inspect such appllca- tion to determine that the appli- cant is a qualified resident of the town. Upon approval of the ap- plication, a resident landfill per- mit shall be issued and inscrib- ed with the vehicle registration number. Such permit shall not be Iransfen~ to any other vehicle. c~ Resident landfill permits for motor vehicles shall be per- manently affixed to the fight side oftbe front bumper of such vehicle. d. The fee for the issuance of a resident inndill permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. It. 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 1X-10/18/90(51 Notary Public BAR~RA k SgHNBDI~ NOTARY' PUBLIC, State of ~ ¥41~ No. 4806846 Qualified in Suffolk C~ 60mmissmn ~xpi,.~;~