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HomeMy WebLinkAboutLL-1990 #24LOCAL LAW NO. 2~, . 1990 A Local Law in Relation to Garbage. Rubbish and Refuse Fees 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 follgws: 1. Section 48-4(A) (Fees) is hereby amended to read as follows: (2) Per-load fee of two dollars ($2.) for each non-commercial vehicle of less than one-ton capacity which possesses no permit. (3) (4) (5) Per-load fee of twenty-five dollars ($25.) for each single-axle truck which does not possess a permit. Annual fee of fifty dollars {$50.) for each commercial vehicle transporting liquid septic waste, together with an additional fee of two cents ($0.02) for each gallon of liquid waste discharged, Annual fee of fifty dollars ($50.) for each commercial contractor's vehicle of less than one-ton maximum gross vehicle weight. (6) Annual fee of fifty dollars ($50.) for each farm vehicle of one-ton or more capacity transporting agricultural waste. II. (7) (9) Per-load fee of fifty dollars ($50.) for each double-axle truck which does not possess a permit. Annual fee of two hundred dollars ($200.) for each single-axle vehicle transporting solid waste (garbage). Annual fee commercial capacity, of two hundred dollars {$200.) for each contractor's vehicle of more than one-ton (10) Annual fee of five hundred dollars(S500.) for each double-axle and/or compactor-type vehicle transporting solid waste (garbage). (11) Annual fee of five hundred dollars ($500.) for each commercial contractor's double-axle and/or tractor=trailer combination of more than one-ton capacity. This Local Law shall take effect upon its filing with the Secretary of State. H~S DEPARTME#T OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue ALbany, NY 12~1-0001 0aTE= t[/7/90 Local Law Acknowledgment Office of the Town Clerk Town of Southold Town Ha11-53095 Main Road Southold, NY 11971 Attention: Judith T. Terry DL~$-236 (Rev. 6/90) HUNICtpALITY southol ____ The above-referenced material was received and filed by this office as indicated. _l Additional local law filing forms will be forwarded upon request. (Please Use this Form ior Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do no! include matter being eliminated and do not use italics or underlining to indicate new matter. o! .......... Sout,h. old Local Law No ........ .2.~. .............. 0[the year 19 .9.0 ........ in Relation to Garbaqe, Rubbish and Refuse Fees A local law ..................................................................................... {Insert title) Be it enacted by the Town Board o! the {Name of Legislative Body) Southold ................... as follows: .- II. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of ' Southold is hereby amended as follows: Section 48-4(A) (Fees) is hereby amended to read as follows: (2) Per-load fee of two dollars ($2.) for each non-commercial vehicle of less than one-ton capacity which possesses no permit. (3) Per-load fee of twenty-five dollars ($25.) for each single-axle truck which does not possess a permit. Annual fee of fifty dollars ($50.) for each commercial vehicle transporting liquid septic waste, together with an additional 'fee of two cents ($0.02) for each gallon of liquid waste discharged. (5) Annual fee of fifty dollars ($50.) for each commercial contractor's vehicle of less than one-ton maximum gross vehicle weight. (6) Annual fee of fifty dollars ($50.) for each farm vehicle of one-ton or more capacity transporting agricultural waste. (7) Per-load fee of fifty dollars ($50.) for each double-axle truck which does not possess a permit. (8) Annual fee of two hundred dollars ($200.) for each single-axle vehicle transporting solid waste (garbage) {9) Annual fee of two hundred dollars ($200.) for each commeri:ial contractor's vehicle of more than one-ton capacity. (10) Annual fee of five hundred dollars {$500.) for each double-axle and/or compactor-type vehicle transporting solid waste (garbage). (11) Annual fee of five hundred ($500.) for each commercial contractor's double-axle and/or tractor~trailer combination of more than one- ton ca pacity. This Local Law shall take effect upon its filing with the Secretary of State. (I! additional space is needed, please attach sheets 0! the same size as this and number each) (1) (Complete the certification in the paragraph which applies to the filing o! this local law and strike oat the matter therein which is not appiicabl.e..) 1. (Final adoption by local legislatiye body only.) I hereby certify that the local law annexed hereto, designated as local law No...2.~ .... of 19t.0. ...... ~iX~X Southold . was duly passed by the .... Town BQB..r0 ....................... of the To~vn of ....................... '{hame of Legislative Body) on ...-O..c.t.9..b.e.r...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.) I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........ County _. City .................................... of tl~e 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 .F_xecutive Officer" and was deemed duly adopted on .................................. 19 .........in accordance with the applicable provisions of law. (Final adoption by referendumJ I hereby certify that the local law annexed hereto, designated as local law No. County City of the Town of ................ Village ........ of 19 ........ was duly passed by the ......................................... (Name.o/Legislative Body) notdisapproved and wasapproved repassed after disapproval by the ............................ 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 maiority 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 relerendum.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County City .................... of the To~vn of ................ was duly passed by the ............ '(~ gfYe~islative Body} 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 chief executive officer o[ a county elected on a coanty-wide basis or, if there be none, the chairman of the count)' legislative body, the mayor o! a city or village or the supervisor ol a town where such officer is vested with power to approve or veto local laws or ordinances. (2) (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ of the City of ................................. having been submitted to referendum persuant to the provisions Of I~ of the Municipal Home Rule Law, and having received the affirmative vote of a speciraall majority of the qualified electors of such city voting thereon at the gene election held on ............ ............ 19 ......... became operative. Date: (County local law concerning adoption of CharterJ I hereby certify t~h~t the local law annexed hereto, designated as local law No...2tt .... of 19.9.(1 ..... of the County of '... ~.q .fp.l.k, ........... State of New Yo{k, having been submitted to the EleCtors at the General Election o [ November .. ? .......... 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. of ficc~dc$ignatett by local legislative 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 SUFFOLK I, the undersigned, hereby certify that the foregoindocal la~ontains the correct text and that all proper proceedings., have been had or taken for the enact{nen~o f '~~~''' '~ th a/la/c/~l law annexe!.~. ~A,-~.~...heret°'/ ~'Ma/tthew ~. KiernanSf ~:sistant Town Attorney Title Date: October 24, 1990 Town of ...... s..o.u.t.h.o.l ................... (3) PUBLIC HEARING SOUTHOLD TOWN BOARD October 23, 1990 8:15 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO GARBAGE, RUBBISH AND REFUSE 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: We'll move on to the sixth public hearing of the evening, which is a proposed "Local Law in Relation to Garbage, Rubbish and Refuse Fees". JUSTICE EDWARDS: "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 Garbage, Rubbish and Refuse 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 8:15 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Garbage, Rubbish and Refuse Fees" 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) (Fees) is hereby amended to read as follows: (2) Per-load fee of two dollars ($2.) for each non-commercial vehicle of less than one-ton capacity which possesses no permit. (3)Per-load fee of twenty-five ($25.) for each single-axle truck which does not possess a permit. (4) Annual fee of fity dollars ($50.) for each commercial vehicle transporting liquid septic waste, together with an additional fee of two cents ($0.02) for each gallon of liquid waste discharged. (5) Annual fee of fifty dollars ($50.) for each commercial contractor's vehicle of less than one-ton maximum gross vehicle weight. (6)Annual fee of fifty dollars ($50.) for each farm vehicle of one-ton or more capacity transporting agricultural waste. (7) Per-load fee of fifty dollars ($50.) for each double-axle truck which does not possess a permit. Pg 2 - PH - LL in Relation to Garbage, Rubbish & Refuse Fees (8) Annual fee of two hundred dollars ($200.) for each single-axle vehicle transporting solid waste (garbage). (9) Annual fee of two hundred dollars ($200.) for each commercial contractor's vehicle of more than one-ton capacity. (10)Annual fee of five hundred dollars ($500.) for each double-axle and/or compactor-type vehicle transporting solid waste (garbage) . (11)Annual fee of five hundred dollars ($500.) for each commercial contractor's double-axle and/or tractor-trailer combination of more than one-ton capacity. 11. 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 proof of publication in The Long Island Traveler-Watchman. I, also, have proof of posting on the Town Clerk's Bulletin Board in Southold. Thank you. SUPERVISOR HARRIS: Is there any members of the audience, that would like to address this Local Law change? Yes? TOM MCCULLOUGH: My name is Tom McCullough. I'm from Cutchogue. I don't believe that this idea, that there are many vehicles that are under 2,000 pounds. Do you have some idea of that fact? I have a Toyota, four cylinder, and 2,075 pounds. SUPERVISOR HARRIS: This Local Law, sir, is addressing commercial vehicles, not residential. It's probably two tons. Councilman Wickham would like to address you, sir. COUNCILMAN WICKHAM: I think it refers to the capacity of the vehicle. TOWN CLERK TERRY: Yes, it does. COUNCILMAN WICKHAM: The capacity, not the gross weight. TOM MCCULLOUGH: You're not going to weight the vehicles, and then stop them when they go through. Okay. Thank you. SUPERVISOR HARRIS: Is there any other member of the audience, that would like to address this Local Law change? RICHARD CAGGIANO: My name is Rich Caggiano. I'm the President of the Greenport- Southold Chamber of Commerce, and on behalf of the Board of Directors of the Greenport-Southold Chamber of Commerce, I offer the following comments regarding the proposed increased user fees. Number one, the Chamber of Commerce opposes funding the general operations of the town by imposing user fees on select segments of the the population. General operations of the town, which are a benefit to all town residents should be paid by all town residents through the general tax levy. Second, although tt~e Chamber of Commerce does not oppose user fees in theory, we believe that fees collected for specific uses should be set aside in a dedicated fund to provide and maintain only those services for which they were collected and not used to fund unrelated services. The imposition of user fees creates a dangerous potential for abuse and budgetary gimmickery that are in direct opposition to principles of good government. Third, the Chamber of Commerce has in the past and continues to urge the preparation of Economic Impact Statements when proposals such as these Pg 3 - LL in Relation to Garbage, Rubbish & Refuse fee increased user fees are suggested. The Economic Impact Statement would answer such questions as, what is the total revenues expected from these fees? What are the expenses associated with providing the services these fees are to fund? What is the cost to the taxpayer of each of these fees in addition to his property taxes? The Economic Impact Statement would also answer the questions concerning the effect of these fees on the overall economic climate of the town. For example, tourism is one of the main components of our economy, what is the effect of drastically increasing the non-resident beach permits on the tourist trade? Will tourists be discouraged from coming here and thus negatively impact the overall economy? The Chamber of Commerce has presented to the Legislative Committee proposed legislation regarding Economic Impact Statements. To date no action has been taken on it. Perhaps this may encourage that committee to give this legislation a higher priority on their agenda. As always, the Chamber is willing to work with the Town Board in any manner it seems appropriate. Thank you very much. SUPERVISOR HARRIS: Thank you, Mr. Caggiano. Could we have a copy of that, please, for the Town Clerk? Thank you. Is there any other member of audience, that would like to address this Local Law change? (No response.) We'll declare this public hearing closed. Judith T. Ter.r,y , ~ Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW COUNI'YOF SUFFOLK SIA[I- O[z NEW ¥C)l'LIq ss: 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 Geritol, Rubbish and l~fuee NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold ~ Imblle ~ on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 23rd d~y of October, 1990, at g:IS o'clock PM, at which time all interested persons will be heard. This proposed "Local Law in Relation to Garbage, Rubbish and Refuse Fees" reads as follows: BE 1T 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(A) (Fees) is hereby amended to read as ' follows: (2) Per-load fee of two dollars ($2.) for each non-commerical vehicle of less than one-ton capacity which possesses no permit. (3) Per-load fee of twenty-five dollars ($25.) for each single- axle truck which does not possess a permit. (4) Annual fee of fifty dollars ($$0.) for each commercial vehi- cle transporting liquid septic waste, together wi~h an addi- tional fee of two Cents ($0.02) for each gallon of liquid waste discharged. (5) Annual fee of fifty dollars ($50.) for each commercial con- tractor's vehicle of less than one- ton maximum gross vehicle weight. (6) Annual fee of fifty dollars ($50.) for each farm vehicle of one-ton or more capacity transporting agricultural waste. (7) Per-load fee of fifty dollars ($~0.) for each double- axle truck which does not posses a permit. (8) Annual fee of two hun- dred dollars ($200.) for each single-axle vehicle transporting solid waste (garbage). Patricia Wood, being duly sworn, says that she is Editor, of ]HE LONG ISLAND TRAVELER-WATCItMAFh a puhlic newspaper printed at Southold, ir~ ~mtlcdk .................. =>?. Swllrl~ to bef'ole me Ibis ,~d~ ......... ...... Notary Public [~ARI~RA k ,~H N El Dt.~ NOT^RY PUBLIC, State 01 No. 480~46 Qualified in Suffolk Coun~ Conunission E~pi~ (9) Annual fee of two hun- dred dollars ($200.) for each commercial contractor's vehicle of more than one-ton capacity. (10) A~nuai fee of five hun- dred dollars($$00.) for each double-axle and/or compactor- type vehicle transporting solid waste (garbage). (11) Annual fee of five hun- dred dollars ($$00.) for each commea:iai contractor's double- axle andZor tractor-trailer com- bination of more than one-ton capacity. 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 IX-10/18/90(7) STATE OF H?" YORK) ) SS: COUNTY OF SUFFOLK) Christina Volinski of Mattituck, in said County, bein9 duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattitucl~ in the Town of $outhold, 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 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOT~CE ~S HEREBy GIVEN that them has been pre- seated to the Town Board of the Town of Soutl~d, Suffolk C~nty, New Yoth, ea d~e 10~ day of Octo. be~, 1~90, a Local Law entitled, "A t,ocM Law In R~mm to ~ am ~ demsakl Lo4~tl Law at the ~ Town HaH, Mai- Road. ~ New Yo~k, en I~e 23rd da7 ~ Oe(ober, 1990, at 8:15 o'gh4h P.M., at which time all lm ~o Garbage, Rubb~dh and ~ Iqlm" roads u follows: I~ rr [NA~.-t'UL~ by t~e Town ~mM ~ Ihe Town of SouthoM as L C~ 45 (Gad~ase, RuWoish T~ of $outhold is hereby mms~d as f~lows: L bstm 4S-4(A) (Fa=) is bm. {2) I~'-l~d fee of two do~n {~2.) f~r each ma-~mm~- · .z-~ vehicle ef le~s ibm om. # noFenn~. {3} Ptr-load fee of tweaty.fi~ ~-aale ~ whi~ d~s (4) ~ fm ~ ~ ~50.) f~ ~ ~ v~ ~n~ li~id an additional fee of two (7) P~-load f~e ~ EBy dal~ms ~ack ~ich d~s n~ ~.) f~ dollars ($2~.) for ~ ~ mo~ ~ (1~ ~M f~ of fi~ double-~le and/or . ~r-t~ v~i~e ~- ~n& solid wa~e ~). (11) ~ f~ ~ fi~ ~ ~ ~5~.) f~ ~S~. ~~wm~- to any ~tems~ ~rs~s ~ D~: ~ 10, I~.