HomeMy WebLinkAboutLL-1992 #31LOCAL LAW NO. 31 , 1992
A Local Law in Relation to Disposai Fees
BE IT ENACTED, by the Town Board of the Town o~ Southold as follows:
Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold as follows:
1. Section L~8-L~A is .hereby amended to read as fellows:
(5)
Per-load fee of twewtT-f~rve d~kars-{$~5:) thirty
dollars C$30) for each single-axle truck which does not
possess a permit·
(6)
Annual fee of fi~,y-d~h.-s-($Se.-) sixty dollars ($60.)
for each commercial vehicle transporting liquid septic waste,
together' with an additional fee of two-cents
three cents ($0.03) for each gallon of 'liquid waste discharged.
(7) Annual fee of Fh~*¥-d~l~-s-($5$--} sixty dollars ($60.)
for each commercial contractorJs vehicle of less than one-ton
maximum gross .vehicle weight-
(8) Annual fee of f~f~y-el~kal'S-~$Se-=~ sixty dollars ($60.)~
for each farm vehicle of one-ton or more capacity transporting
agricultural waste.
(9)
Per-load fee of ~f{y-de+kar~ ~$5e=} sixty dollars
.($60.) for each double-axle truck which does not possess a
permit· -
(10)
(11)
Annual fee of tw~-htm~eed do~kar~- ($2ee-.) two hundred
and twenty, dollars ($220.) for each single-axle vehicle
transporting solid waste (garbage).
Annual fee of tw~-~eed do~rka~-s- ($~8e.-) two hundred
and twenty dollars ($220.) for each commercial contractor's
vehicle of more than one-ton capacity·
(12)
Annual fee of ~kve-htmdred do+[at-s-($500=} six hundred
dollars ($600.) for each double-axle and/or compactor-type
vehicle transporting solid waste (garbage).
(13)
Annual fee of .Fkv~ htrnd~ed do½ka~s-{$~e0.-~ six hundred
dollars ($600.) for each commercial contractor's double-axle
and/or tractor-trailer combination of more than one-ton
capacity.
II.
2. Section ~q-4C is hereby amended to read as follows:
C. Effective January 1, ~1993, in addition to the fees established
in Sections 48-L~A and B, there shall be a fee of fkv~
~lo~Pa~s- ~$5.-~ ten dollars ($10.) per item on appliances,
including but not limited to white goods, refrigerators,
washers, dryers, stoves, dishwashers, oYens and the like.
This Local Law shall take effect upon its filing with the Secretary of.
State.
Overstrike represents deletions
Underscore represents additions
NYS DEPARTNENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Atbany~ NY 12231-0001
BATE: 12/16/92
NURJC[PALITY "~I Town of Southold
{ 31 & 32 { = 1992 12/i4/92
Local Law Acknowledgment
JUDITH T TERRY
TOWN HALL
53095 MAIN ROAD
PO BOX 1179
l_ SOUT~OLD NY 11971
13~ DOS-2~6 CRew. 6/90)
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Lo'cal Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON 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.
.~l~x Southold
Town
Local Law No ......... .3..1. ................ ~ ....... of the year 19---9-2--
A local law ................ .I..n_.R..eJ.a_.t-i.°-.n._-t-9_-.D-!-sP--°--s. gJ--F--e.-e-s- ................................................
Be it enacted by the ...................... ..T_.o..w._n...~.o..a.r..cJ ............................................... of the
~7.~il~x Southold
of .......................................................................................... as follows:
Town
Chapter 48 (Garbage. Rubbish and Refuse) of:the Code of the Town of
Southold as follows':
1. Section 48~4A is hereby amended to read as follows:
(5) Per-load fee of thirty dollars' ($30) for each single-axle
truck which does. not possess a permit. ~
(61
Annual fee of sixty dollars [$60. ) for ea~ch commercial vehicle
transporting liquid septic waste, together with an additional
fee of three cents ($0.03) for each gallon of liquid waste
discharged. .
(7)
Annual'fee of sixty dollars ($60'.) for .each commercial
contractor's vehicle of less than one-ton maximum gross
vehicle weight.
(8) Annual feeof sixty dollars [$60.) for each farm vehicle of
one-ton or more capacity transporting'agricultu'ral waste.
(9) Per-load fee of sixty dollars {$60.) for each double-axle
truck which does not possess a permit.
(10) Annual fee of two hundred and twenty dollars ($220.) for each
singli~-axle vehicle transporting solid waste (garbage)'.
(If additional space Is needed, attach pages the sam,' size as this' sheet, and number each.)
DOS-239 (R~¥. 7/91~
II.
(11) Annual fee of two hundred and twer, ty dollars ($220.) for each
commercial contractor's vehicle of more than one-ton capacity.
[12)
Annual fee of six hundred dollars [$600.).for each double-axle
and/or compactor-type vehicle transporting solid waste
(garbage).
(13)
Annual fee of six hundred dollars ($600.)for each commercial
contractor's double-axle and/or tractor-trailer .combination of
more than one-ton capacity.
2, Section 44-4C is hereby amended to read as follows:
Effective January 1. 1993. in addition to the fees established
in Sections 48-4A and B. there shall be a fee of ten dollars
($10.) per item-on appliances, including-but not limited to
white goods, refrigerators..washers, dryers, stoves.
dishwashers, ovens and the like.
This Local Law shall take-effect upon its filing with the Secretary'of
State.
(Complete the certification in the paragraph that applies to the filing of-this~ local law and
· .strike out that which is not applicable0
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ........... .33_ ....................... of 19---9--2-
of£he (~,~?~, ~)(Town)(~lq~,~e) of ..~...S_p__u_~J3~Q_~.__.__~_ .............. - ......... : ..........was duly passed by the
..... L-°--w--n----~-°--a-r--q ......................... on _q.e..c._e._m__~?.r...? q9 ?..x., 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 certi fy that the local law annexed hereto, designated as local law No .............................. of 19 ......
of the (County)(City)(Town)(Village) of ........................................................... ~ .....was duly pa~sed by the
............................................... on .................. 19 --:, and was (approved)(not approved)(repassed after
IName of Legisloti,.* Body)
disapproval) by the .................................................. and was deemed duty adopted on .................. 19 .... ,
(Elective Chi*f Executive Of. ricer')
in ~cfiordance 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.
(Name of Leg~lativ~ Body)
-disapproval) by the ................................................. on ................... 19- .... Such local law was submitted
~£1ecti*.¢ Chief Execgtive Offictr*)
to the people by reason o~ a (mandatory)(permi§sive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(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 an_nexed hereto, designated as local 'law No ................
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
tElecti~'e Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordance with the applicable l~rovisions 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 ora city or village, or
the supervisor ora 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 law 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. (Coun, ty local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local laxv 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 qufilified 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.)
I further certify that I have compared the preceding local law with the original on file in this office and/hat 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 ....... J----, above.
Clerk of~e Runty legislative body, City, Town or Villag~l'~rk
' . or officer designated by local legishtive body
Judith T. Terry, Town Clerk
(SeaO Date: December 9, 1992 1 .
{Certification to be executed by C0'unty-Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF Nl~i~..
COUNTY OF ..... Ll~
I, the undersigned, hereby certify that the foregoing local law contains the correct text ~nd that all proper proceedings
have been had or taken for the enactment of the loc~~o. /~ ,.~~ .__
Signatur~ - ~
Matthew G. Kiernan, Assistant Town Attorney
Title
xC-A h~ of
Town
Date:
Southold
December 9, 1992
(3) , :
PUBLIC HEARING
SOUTHOLD TOWN BOARD
December 8, 1992
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO DISPOSAL FEES"
Present:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman Thomas J. Wickham
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilman George L. Penny IV (ill)
Councilman Joseph J. Lizewski (out of town)
SUPERVISOR HARRIS: As I mentioned earlier this evening, we have four public
hearings. The first public hearing of the evening is a "Local Law in Relation
to Disposal Fees", and Councilwoman Hussie will read the proof of publication and
verification.
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 24th day of November, 1992, a Local Law entitled, "A Local Law in Relation
to Disposal 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 8th day of December, 1992,
at 8:00 P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Disposal 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 48-4A is hereby amended to read as follows:
(5) Per-load fee of t-wen-t~--f~ve-d~lef~--(~2-~-.-) thirty dollars
($30.) for each single-axle truck which does not possess
a permit.
(6) Annual fee of ~i~f{y d~lef~-(-t~.-) sixty dollars ($60.) for
each commercial vehicle transporting liquid septic waste,
together with an additional fee of ~-wo cet~ts ~$O=~-2~)-three
cents ($0.03) for each gallon of liquid waste discharged.
(7) Annual' fee of ~ft~ ele~le~'s-~=~O.~ sixty dollars ($60.) for
each commercial contractor's vehicle of less than one-ton
maximum gross vehicle weight.
Pg 2 - PH Disposal Fees ~"~.
[8) Annual fee of fi~¥ ~tsfs---(-$50-.-) sixty dollars ($60.) for
each farm vehicle of one-ton or more capacity transporting
agricultural waste.
(9) Per-load fee of fift~j~-cloHe~s-~$54~.) sixty dollars ($60.) for
each double-axle truck which does not possess a permit.
(10) Annual fee of -two -~ndt-ed ~o~+ar~-[-~2~Ol~r) two hundred and
twenty dollars ($220.) for each single-axle vehicle
transporting solid waste (garbage).
(11) Annual fee of two Jrtttnd~'L~d--(-'t~-2-OO-.-) two hundred and
twenty dollars ($220.) for each commercial contractor's
vehicle of more than one-ton capacity.
(12) Annual fee of ~tYe h~ doHa~'s--{~jSO~;.-) six hundred
dollars ($600.) for each double-axle and/or compactor-type
vehicle transporting solid waste (garbage).
(13) Annual fee of ~fiv~.-hu~-~t~d-doHa~s-{~500.-) six hundred
dollars ($600.) for each commercial contractor's double-axle
and/or tractor-trailer combination of more than one-ton
capacity.
2. Section 44-4C is hereby amended to read as follows:
C. Effective January 1, 1993, in addition to the fees
established in Section 48-4A and B. there shall be a fee
of ¢i~"e-<c~olJ~s-f:$~)- ten dollars ($10.) per item on
appliances, including but not limited to white goods,
refrigerators, washers, dryers, stove, dishwashers, ovens
and the like.
II. This Local Law shall take effect upon its filing with the £ec~.etary of State.
Overstrike represents deletions
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 24, 1992. Judith
T. Terry, Southold Town Clerk." I have affidavits here of publication in The
Long Island Traveler-Watchman, The Suffolk Times, and also, the posting on the
Bulletin Board out there by the Town Clerk. I don't see any other correspondence
here.
SUPERVISOR HARRIS: Is there any members of the audience, that would like
to speak in relation to this amendment to this Local Law?
FRANK CARLIN: When I was here last time, and I mentioned that you reduced
the Budget, but this is just like giving with one hand, and taking it back with
the other. Now, you're increasing all the fees. Now, it will explain itself. I'm
not going to go into all that. One thing I remember six, solid waste going from
$.02 to $.03.
COUNCILWOMAN HUSSIE: The septic waste.
FRANK CARLIN: I'm going to ask two questions to the Board. If you were to
drive up to a gas station, and you said you want ten gallons worth of gas, would
you accept it without having a gauge on the pump. If the fuel oil man delivers
you fuel oil, and he comes to the house, and says, I put in fifteen gallons without
having it computerized on a card, or slip, you wouldn't like that. You would
want to know how much you're paying for. That's what I'm trying to prove here.
Now, he comes to my house, the cesspool man. Nothing against him, but being
that you're going to charge people for something now, let's be fair about it. He
charged me $45.00 in fees, which is for 1,500 gallons, at $.03 a gallon. In fact,
I got my last bill here. For example, at that time it was $.02 a gallon, mine was
Page 3 - PH Disposal Fee,~, ~,
$30.00. When I looked at this, and I sa,/ to myself, how do I know it was 1,500
gallons. Prove it to me. l'm paying for it, now prove it to me. Again, nothing
against the cesspool man. He's trying to make a living, but this I recall him saying,
well, we used the small l~i-uck. We used a small truck, and we average it out.
Now, when you're paying for something, I want to know what I'm paying for,
whether it's 400 gallon, or 1,500 gallon. So, what can we do about that problem?
How are we going to indicate to the people here in Southold, being that you have
this law on cesspools now, and that you're going from $.02 to $.037 How you
going to prove to me, that you come to my house, and you say it's $45.00, 1,500
gallons, black and white. Prove it to me. Actually I don't have to pay you that,
because you can't prove to me how many gallons you pumped out of my cesspool.
Think about it.
SUPERVISOR HARRIS: Mr. Carlin, normally we wouldn't answer during a public
hearing, however the Town Attorney would like to make a comment, and I'd just
like to make one brief comment, also. If you didn't want to pay, you would only
be hurting that vender, because he's providing a service to you. He has to pa~,
to remove this waste. That's what this fee is.
FRANK CARLIN: I understand that.
SUPERVISOR HARRIS: So, if you didn't pay him, you would not be paying this
fee.. How is that regulated? Maybe, the Town Attorney can answer that. The
DEC regulates all septic haulers in the town with tl~eir permits, and so on. How
weights and measures gets involved with this, I am not familar with how that
operation works, nor have I ever investigated it. However, the Town Attorney
would like to make a comment.
TOWN ATTORNEY ARNOFF: Mr. Carlin, I don't know how many years ago, and
it wasn't all that long ago, that fuel oil companies didn't give you the computerized
sheet, when they delivered fuel oil, and now, when they do you know there's
a printout. There trucks are equiped by weights and measure, but with a gauge
that I think the County Weights and Measures requires on their trucks as far
as measuring the exact gallonage. Perhaps if you were to approach Weirjhts and
Measures. I'm not so certain, whether or not they wouldn't be willing, and I'm
not so sure that they don't often in the west regulate cesspool people in much
the same way. I don't know if they do, but I think that would be the most logical
place to do it. We don't have the licensing, or the administrative power to do
that, and to acquire that, and police it even. It would seem to me, that the Count'/
would, or the County might be very interested in doing that especially, since
they've already done it with one industry.
FRANK CARLIN: Very good. The onlv reason they didn't do it before, because
they didn't have that development on that computer.
TO~'~N ATTORNEY ARNOFF: That's correct. You're right. I think what they
have for fuel oil trucks, they certainly can have for cesspool trucks.
FRANK CARLIN: I agree with you ~0%. With the other 50% I don't. If you're
~forcinc3 this law, the Town of $outhold, of pumpings- out the cesspools, and
charging $.02 a gallon now, it's up to you to see that the Weights and Measures
are notified, and try to get some legislation in here, to see that some kind of
indicator, or measurement indication device is put on to be fair to the people
of Southold Town. That's your responsibility.
Page 4 - PH Disposal Fee~,,~,
SUPERVISOR HARRIS: Thank you, Mr. Carlin. Is there anybody else, that
would like to speak in reference to this Local Law amendment? (No response.]
i'll declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
NOTICE OF
;:-~ ". ,UBLIC HEARING
¢':: ON LO(~AL LAW
;;' PUBLIC 'NOTICE
IIFREBY GIXT'< Ihai ;I'c-. ll:l-
~%~llholk ( lily. New ~Ol'k. ~ u
a I.ocul I.,.w el,I;,led. "A I hr-al
I.aw in Relalinn Io I}i~llo~al
~: . NOTICE- iS' FU~HE R
~GIVEN that zhe %wn B~M of
~ Town of Sohthbld wffi hold
~ Ihlhhr Ileamlg ~11 .~'c ,:
I OC; I I aw ~,:. ~. So hold IO~II
· .~ufl S.~ :ua,,L ,
~ ~s prop~e~.~ L~
';~1~&1'1'I.1'% Xi .I'ID bY ~:~e
'¥.h~,,::ed ,o "emi '~ rollo~,: '
~($30.) Cot each ~h~e-~de Lruck
~wh ch doe~ no[ po%e~s a
:~) SiXLy ~ars ($60.) for
~ach co~ercial vehicle
[ogethe~ ~ i~ a n~a~ [onal
~$0 0a) for ~ch ~lo~l~
:~veh~cle. . of l~s ~han. oqe-ton.
¢$) Annual fee bf
~ sL~' do~ (~.~ for
~ ~Mcle of-o~e-to~ or more
:l band twenty dolla'rs~
Ii. each commercial contractor's
i;l~vehicle of moze ~h~.~ bne-tor~
IS
' axle' and/or compactor-type
vehicle transporting solid waste
(garbage).
~ (13).Annual fee- of
~cial con~ct6r'~ :~doable-a~e
~an~or. tract0r-ff~ hbmMna-
~lion. of mo~ than one-ton
~g~pacity.
¥_~. 2.-seeti0n ~4c is here~
"Amended to ~d as fo~ows:
C. Effe~ive l~uary 1,. 1993,
~n ad~rion m ~e fees esmb~sh-
ed in SecOons,~48-~ ~d B,
~0 t~ ~lla?s ($1~) per item,
:efrlgem~om; ~w~h~s; d~e~s~
~t~ dishw~hers, ~e~ and
he
II. This Local ~w s~H t~
~ff<t uvon its filin~ wbh the
COUNTY OF SUFFOLK~,:
STAFI-' OF NEW YORK ss: ' ;; >i: ':
Patricia Wood being duly sworn says that she is
Edkor o~THE LONG ISLAND TRAVELER-WATCHMAN
a public newsmaDer orinted at Soulhold - Suffolk Countv'
ant; mat the notice of which [ne annexen IS a ')rinted co~v
SUlCCeSSiv( . commencing on the .......... ~ t~
cJav o, ........ ~~, 19 n.~
Sworn Lo before r'ne [his
Notary Public
· ' BARBARA A, ~CHNEIDER
NOTARY PUBLIC
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS HEREBY
NOTICE IS FURTHER GIVEN
$outhold Town Hall. Main Road,
which tlm~ all intcrcsm~ ~ons will
follows:
BE IT ENACTED by the Town
follows:
L Chapmr 48 (Gad~age, Rubbish and
Refuse) of thc Code of ~hc Town
of Soulhold is hen:by amended as
(5) Par-load fcc of '-w::.:y q'::
a gcrmiL
(6) Annual faa of fl.r'-5'
(25~,~ _~kxt,, dol3ars ($60.) for
for each gallon of liquid
(7) Annual fcc o[ fifty
~5-n./~ ~i~t¥ dollars f$60.) for
maximum gross vchi=lc
weight.
(8) Annual fcc of ...., ........
(12) Annual fcc of .............
....... , ...... ~ slx hundred
(13) Ann~al fcc of
....... , ..... · s~ hundred
~ for each
STATE OF NEW"xn~RK}
) SS:
COUNTY OF SUFFOLK)
~/~A}~At C OA~/~-c~//~f'of Mattituck. in
said County, being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMF~, a
Weekly Newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that thc Notice of which
the anaexed is a printed copy, has been regulax-
ly published in said Newspaper once each week
for ~ weeks successively, commencing on
the ~ .day of ~ff-~,~9