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HomeMy WebLinkAboutLL-1992 #27LOCAL LAW NO. 27 . 1992 A Local Law in Relation to Fishers Island Sewer District Rent BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 76 (Sewers) of the Code of the Town of Southold is hereby amended as follows: 1. Section 76-21A is hereby amended to read as follows: In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay'an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of three hundred dollars ($300.00) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of ~w~-htJ~e~r~d ~f~¥- d~r~- ($~5i).-~)~ one hundred fifty dollars ($150.00) on the first day of January and June of each year. II. This Local Law shall take effect Upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additions 12/1¥92 ' ~.!':~D6cbl Law Acknowledgment · .' ' '.'TOWN oF,SOUTHOLD '"' '~53095 NA3~N ROAD · ,'", PO'BOX 1179 ', y.'.!¥.z~ ~SOUTHOT2) NY 11971 To~ of Southold LOCAL LAW(S) HO. J YEAR J FILING DAYE 19 thru 30[ 1992 I 12/1/92 -I The above-referenced material was received and filed by this office as indicated. _[ Additional local law filing forms will be forwarded upon request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASItlNGTON AVENUE. ALBANY, 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. XGdJ¢< of Southold Town .......................................................................................... Local Law No ............. _2.7_ ..................... of the year 19-9--2-- In .Relation to Fishers Island Sewer District Rent A local law .............................................................................................................. Ii~ert Title) II. Town Board Be it enacted'by the ......................................................................................... of the ~ Southold ' of .......................................................................................... as follows: Town Chapter 76 (Sewers) of the Code of the Town of Southold is hereby amended as follows: 1. Section 76~21A is hereby amended to read as follows: In addition to any and all other fees and charges provided by law. the owner of ~ parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of three hundred dollars {$300.00) for each seParate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of one hundred fifty dollars ($150.00) on the first day of January and June of each year. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, attach pages, the same size as this sheet, and number each.) DOS-239 ,Rcv. 7,~1~ (1) (Complete the certification tn 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, desienated as local law No ............. _2_7_ ....................of 19-9--2--- of the '_~OCXt~tg)(Town)(~.a~,)~of ....... -S-9--u-t--h--6-1--c[ ............................................ was duly passed by the _-[.o_.w._n____B_.o__a_r_Sd__5 ........................... N&y.e__m__b_~e_£__2__%__ 19 _9_.2_, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after (Name of Legixla~ive Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , (Elective Chlef ExecuKve Officer*) 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 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after fName of LegiMative Body) disapproval) by the ................................................. on ................... 19 ..... Such local la~v was submitted {Elective Chief Executive Officer*} to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(spccial)(annual) election held on .................. 19---- , 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 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (Elective Chief Executlve Officer*) permissive referendum and no valid petition requesting such referendum was filed as of .................. 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 basis or, if there be none. the chairperson of the county legislative body, the mayor of a 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. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local laxv No .................................... of 19 ...... 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)(geneml) election held on ................... 19 ..... 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 19 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19 .... , 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 cit- ies 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.) ! 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 in- dicated in paragraph ...... _1 ..... , above. Clerk of the/~ounty legislative body, City, Town or Villag~rk .° or officer designated by local legislative body Judith T. Terry, Town Clerk (SeaO Date: November 25, 1992 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF 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 annt~ed hereto. Sig~atur{ '- ' Matthew G. Kiernan, Assistant Town Attorney Title >~--'4Yy of to~,v H x~xi8, ~ax~x Southold Date: November 25, 1992 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD November 14, 1992 5:55 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO FISHERS .ISLAND SEWER DISTRICT RENT". Present: Supervisor Scott L. Harris Justice Raymond W, Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: The next public hearing of the after in a "Local Law in Relation to Fishers Island Sewer District Rent", and Councilwoman Hussie has the publication of such Local Law. COUNCILWOMAN HUSSIE: "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 November, 1992, a Local Law entitled, "A Local Law in Relation to Fishers Island Sewer District Rent". 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 24th day of November, 1992, at 4:55 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Fishers Island Sewer District Rent" reads as follows: BE IT ENACTED by the Town Board of the Town of 5outhold as follows: I. Chapter 76 (Sewers) of the Code of the Town of Southold is hereby amended as follows: 1. Section 76-21A is hereby amended to read as follows: A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of {~$5~)1~)1)) three hundred dollars ($300.00) for each separate dwelling unit served by the system. Such annual sewer Pg 2 - PH LL FI Sewer rents shall be paid in semiannual installments of ~wo hundred ~-~f~¥ do~-r~ {$~$~1)0~ one hundred fifty dollars ($150.00) on the first day of January and June of each year. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion~ ** Underscore represents additions Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: November 10, 1992. Judith T. Terry, Southold Town Clerk." I have affidavits here, publication The Long Island Traveler-Watchman on the 9th day of November, a'l~o, The Suffolk Times on the 9th day of November, and The New London Day, and the posting on The Town Clerk's Bulletin on the 11th day of November. There is no correspondence concerning this. SUPERVISOR HARRIS: Are there any members of the audience, that would like to speak' in reference to this Local Law change? MARGARET BROWN: Margaret Brown. These are more questions. First of all, why did you lower it? SUPERVISOR HARRIS: This has to do with the special district on Fishers Island, and it has to do with the capital, that is needed to run the district each year, and obvious!y, the amount of money that's needed to run the plant after efficient moves have Ibeen made through out the year to improve it's efficiency in running, have produced a reduction in the amount, that individuals pay to use the system. MARGARET BROWN: Is this something that changes yearly? SUPERVISOR HARRIS: It could change yearly, based on the Budget. Yes. MARGARET BROWN: So, should it be written in the Local Law like that? SUPERVISOR HARRIS: It has to be. That's the way it has to be done, Margaret. MARGARET BROWN: You have to change this every year. TOWI~ CLERK TERRY: Only if they change the fee. MARGARET BROWN: I have a question, also. Are these individual..Jike if you had ~ cottage? I don't know anything about Fishers Island. JUSTICE EDWARDS: Let me answer these questions. MARGARET BROWN: Motel units, separate cottages, would each one of them have to pa~, the rent? JUSTI!CE BROWN: Each individual house will be paying this $300.00. There are some ~partments down there, with five apartments in there, which is five times $300.0'0. There are some duplexes in there, that are double the amount. There are selma single families with the water uasage, which they can calculate very easily, and some of these single unit houses, that they're renting out rooms, and so forth, they will go more than the single fee, depending on how much water they use, becaus~e the water goes through the sewer. But, not all homes. It's the old Army post, Which back until about fifteen years ago, all of the sewer discharge went overboard, and the DEC said, you're no longer to put it overboard, and the governlment is going to put in a system for you. The system was put in at the Pg 3 - PH LL FI Sewer R?~..s cost of the government, but then the individual homeowners are paying for the maintenance of the system. Now, two years ago, the funds that were available to the sewer district were depleted, because of some major problems, and then we raised the rents up to $$00.00, and for two years now 'we have a quote, unquote, nice slush fund, that we can maintain it with. MARGARET BROWN: Thank you very much. SUPERVISOR HARRIS; Margaret, by the way, there are no hotels, or motels, on Fishers Island, just in case you didn't know that. Are there any other members of the audience, that would .like to speak in reference to this Local Law amendment? (No response.) Hearing none, I'll declare this [Sublic hearing closed. Judith T. Terry (,/ Southold Town Clerk ' 'ql(,~l ~ll'il(I.' .." %OI ICI. PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS .- HEREBY GIVEN that there has ~o the' To~n of $outhold, New York, on of Novembr, 1.992, "A Local .in' Relaiion {o Fishe~ [.land fie~er Di./ri('l Renh" · '' BI II IN.Xt'l!D '.'~ L.. ', ~'~.~l ...., .. I u' .'. '. s ep~tte d we/ling u nit se 'ins~lMents of~~ ~~% o,,~ '. nj.'. · ~ each ye~_ · 2 - II. This.L~at L~w ~a[1 ~ke ' effect flpmi its filing wkh the ~. *Oversr0ke represeuh~ delet[~ ~-: addilon~, :,~ ~' Copies'of this l~c~ Law'are "axglable'in the O~ce of the !~ TOWn .Cle~k'~o d~' :im~ested jhg b "' DATED: November 10, 1992 J~ITH T. TERRY ' SOU~OLD TOXVN CLE~ IX-Ii/19/92(3D COUNTY OF SUFFOLK .... ' ss: SIA1E OF NEW YORK Patrkia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMA,~'! a public newspaper printed at $outho[d, in Suffolk Count,, and that the notice of which the annexed i5 a printed cop,. h.ls been published in .aid Long }~land onceeacn week tot ..................... [... .,,,ee~J suc'cessivc'J, con~nlOrlc,mlg on Lilt ........ PUBLISHER'S CERTIFICATE State of Connecticut ) County of New London, ss. New London On this 23rd day O{ November A.D. 1992, personally appeared before the undersigTted, a Notary Public, within and for said County and State, Town of Southold Notice of Public Hearing on Local Law PUBLIC NOTICE 15 HERE~Y GIVEN that 1here has been pre- sented to the Town Eoard of 1he Town of Southold, Suffolk Counly, New York on ~he 10th day of November, 1992, a Local Law entitled, NOTICE IS FURTHER GIVEN that 1fie Town Board of the Town of Southold will 'held a public hd~arTng on the a~oresaid Loc.~l Law ~t the J.Z. Zielinski, Legal Adv. Clerk of THE DAY, a daily newspaper published at New London, County of New New London, State of Connecticut, who being-duly sworn, states on oath, that the Order of Notice in file case of -Legal Adv. ~509 ' ' a true copy of which is hereunto annexed, ,,vas published in said newspaper in its issues of file 19th days of November A.D. 1992. Subscribed ~/nd sworn t° bef~ode me this. 23rd day Of N°vember ~ ' ' A:'D. 19'9'2.· "' ' Notary Public. LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAI¥ PUBLIC NOTICE IS HEREBY Southold. Suffolk County, New York, on &c 10th da)' of November, 1992. a Local Law cmitled. "A Local Law in be heard. BE 1T ENACTED by the Town Board of ~hc Town of Southold as follows: L Chapter 76 (ScweM) of the code of 1. Section 76-21A is hereby rmrccl of land served by shall be ~ascd upon an an- ~-Aq..!=:: (~SC~.O0) ~hrcc hun- of State. DATED: Novcmbcr 10, I992. JUDiTI I '£ TERRY SOU'I-HOLD TOWN CLERK STATE OF ln~w ) SS: COUNTY OF SUFFOLK) ~ ~D [M ~.1~ I~J of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME~, 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 regular- ly published in said Newspaper once each week for ~ weeks suceessiv.ely, commencing on the I~dayof N~v'o.~n~Z~. Principal Clerk Sworn to before me this day of