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HomeMy WebLinkAboutLL-1994 #08LOCAL LAW NO. 8 , 1994 A Local Law in Relation to Grass Clippings 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 48-4B(1) is hereby amended to read as follows: (1) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions. ' ~ NY$' DEPARTKE#T. OE. ETATE · ~"BUREAU OF ETATE RECORDS '1~:m, ~ash~ngton Avenue ~:A[ba~y', ~Y 12231-0G01 DATE: 5/H/94 ~o~-n of Southold LOCAL LA~J(S) NO. I YEAR I FILING DATE 6 thru8I 1994 I 5/9/94 Local Law Acknowledgment JUDITH T. TERRY TOWN OF SOUT~OLD TOWN F~A_LL 53095 MAIN ROAD · -.. : PO '"'Box 1179~ :~l~, -SOUT~OLD.?I~f 311971. '- ~: oos-2..T~S (;e~. 6/9b) _1 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 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. g14~ Southold Town 8 ' Local Law No ..................................... of the year A local law ................... J-n----R--e-I-a.t-!9-.n.--t-9...G-.-r.a-.s.-s..-C-JJP- P-J-n-9-s- ................................ II. Be it enacted by the ............._.T_.o.,_n_...B..o..a.r..d. ........................................................ of the of ......................... -s.9-u--t--h-9-1.a- .................................................... as follows: Town Chapter 48 {Garbage. Rubbish and Refuse) of the Code of the Town of South°Id is hereby amended as follows: 1. Section 48-~tB{1) is hereby amended to read as follows: Heavy brush, landscaping and yard wastes, including but' not limited to stumps, branches, shrubs, plants, trees, bushes and the like. but not including leaves. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space Is needed, attach pages the samo size as this sheet, and number each.) I~S-239 (Rev. 7/91) (1) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable,) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ............ _8 ....................... of 19---9-~ of the (~)(~i~y~Town)(~it~/t~) of .................... _S_.o..u_._t_h_.o.'!_d_ ................... 2 .......... was duly passed by the ._T.9__w_.n___.B_9_a_E_d_ ............................ on _._M._a.y___3__,_ ..... 19 .__9~ in accordance with the applicable provisiofis 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 £egislative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., (Elective Chief Executlve Officer*) in accordance with the applicable provisions of law, 3. (Finai 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 t3~ame o/Legislative Body) disapproval) by the ................................................. on ................... 19 .....Such local law was submitted (Elective Chief Executive Offtcer*) 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)(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 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 (~Varne of Legislative Body) disapproval) by the ................................................... on .................. 19 .... Such local law was subject to (Elective Chief Executive 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 ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ot:dlnances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify lhat the local law annexed hereto, designated as local law No .................................... of 19 ...... of the City of ............................................. having been submitte0 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)(general) 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 ta 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 ofthe cit- ies of said county as a unit and a majority of the qualified elector~ 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 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 th~ountv I~gislative bo-dy, City. Town or Village Cle]~ or officer designated by local legislative ix~dy t. Judith T. Terry, Town Clerk (Seal) Date: May 4, 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK SUFFOLK COUNTY OF I, the undersigned, hereby certify that the foregoing l~al law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local klw annexed hereto ~ Signamr~ ~_~ Laury L. Dowd, Town Attorney Title Date: Southold May 4, 1994 (3) PUBLIC HEARING IN THE MATTER SOUTHOLD TOWN BOARD MAY 3,199u, 8:05 P.M. OF A PROPOSED. "LOCAL LAW IN RELATION TO GRASS CLIPPINGS" Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewskl Councilwoman Alice J. Hussie Councilman Joseph L. Townsend. Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: We'll go on to the second public hearing of the evening. Who~s going to help us with that? Alice? COUNCILWOMAN HUSSfE: "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 19th day of April. 199% a Local Law entitled. "A Local Law in Reiakion to Grass Clipp'mgs~. Notice is further given that the Town Board bf the Town of Southotd wilt hold a public h~ing on the aforesaid Local. Law at the Southotd Town Hall. Main Road. Southotd. New York. on the 3rd day of Ma~. 1991~. a~ 8:05 P.M.. at which time all interested persons wilt be heard. This proposed "Local Law in Relation to Grass Clipp~n~-~ 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 48-4B~t) is hereby amended to read as follows: [ 1 ) heavy brush, tands-eaping and yard wastes, including but not limited to stuml=s, br~nches, shrubs, plants, trees. bushes and the like. but not including leaves, and grass cfippi ng,s. II. This Local Law shall take effect upon its fi?ing with the Secretary of State. * Overstrike represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: April 19. 199~. Judith T. Terry. Southotd Town CteH<." Essentially what this does. as we mentioned tast time, do~s not allow you to bring grass clippings into the transi:er station free of charge. There is an affidavit .Pg.2 - 4/t9/94 - PH LL' mula Foods of publication from The Suffolk Times, and also, the Mattituck Traveler-Watchman and also, that it has been posted on the Town Clerk's Bulletin Board. There are no pieces of communication. SUPERVISOR WtCKHAM: Thank you, Alice. You've heard the proposal, which is basically 'designed to enable the Town to operate it's landfill in ways, that we do not have to incur costs, forty or fifty dollars a ton to get rid of grass clippings. Mr. Jens? FRED JENS: This seems to be proposal, which obviously have to do with cost, and somehow t have a feeling, it's going to start with I~#rt~, go to another, go to another. Do we have a long range projection here? Leaves are excluded. Okay, now, we ail realize we ha~e to pay for our grass, and grass clipping are a big one. Is there any indication this is the end of the line, or are we just going to go ahead with- this? Is there something in the wind. that you can propose a whole package, and say, hey, this is what would cut our cost? Let's get rid of it. COUNCILWOMAN HUSStE: We have pretty much been driven by the DEC, and as far as grass clippings are concerned the DEC wiit r,3t allow us to accumulate grass clipping~ up et the landfill, so they have to go up, and indeed, have been going out with the regular garbage for which w~ are paying X-dollars a ton. FRED JENS: Is it going going to be on leaves? I long range program hera? to extend? What is the DEC decision next year know it's hard to answer, but it's like, is there a What is our ultimate garbage cost going to be? COUNCILWOMAN HUSStE: we can do. This is realty it. Our ultimate garbage cost is going to be as iow as a wash. You know, we have. to pay to get' rid of SUPERVISOR WiCKHAM: ~ would just like to respond to say that, we are preparing a plan to grind up alt of the ether types of yard waste, other than grass. Grass is the only one that we see at this time. that we intend to not permit in there. Ail other kinds of yard waste we're making p~ans to accept. Something may happen to those plans, as you said, or as Alice said there would be some requirement, but we are operating under the assump~cion that we wilt be able to accept ali of those things, but not including major tree trunks, and limbs, and things like that. More titan four inches in diameter and six feet long are net. COUNCILWOMAN HUSStE: Again. t think it's an opportunity to have everybody leave your grass clippings on your lawn. It's a marvelous n~trogen feeder. SUPERVISOR WtCKHAM: And it saves the town a tot of money. NED HARROUN: Good evening. My name is Ned Harroun, and I live in the hamlet of Greenport, and it just kind of expta'ms itself a little bit, that it's the DEC that drfves you to do this. but I think that we have to take a stand. I'm a little disappointed in you, that you cave in to the DEC about g~ass clippings. I think we're caving in a little early'. It's seems as ,Pg.3 - ~-1'~919~ - PH LL~ ula Foods '~.~ though that it's the odor that we're caving into? The odor is at the landfill, and that seems like it=s kind of like a script from Saturday Night Live. You know there's an odor at the dump. It doesn't set well at all. It's insulting to my Jintetligence for thom to tell me. that they don't want things at the dump. that have an odor. That's number one. Number twa. on sparse lawns you could leave your grass clippings. Okay? t spent $5.0(10 on a sod lawn. and I want my clippings up. i want my lawn to be aerated.. I want my lawn to look geed. and it's an extension of how I feet. and what i do for a living, I'm in the tree business. I don't cut gras~, but I cut my own. grass, and when I ge home. I like to get my place Spiffed up. That's where i am for the weekend, and I feel good about i~. and to go to the dump. and pay for grass clippings. it's beyond me. Where have we gone? THe DEE...I'm also .a pesticide applicator. The DEC three years a~o-tried to make it manciatoryf that at, us pesticide applicators call~ the neighbors, up of th~ ~persor~ next doorr teat we were going to spray. Se.-the Long Island' P~st~cide- ~lSplication AssOCiation' and New York $~t~ Pesticide Appl~s A's~0clation. at! got together, and said. wetre not going' to cave in On this. Y~e~r"e not ca~ing in on this. That taw didn't fly. That script for Saturday N, ight Li~e didn't make it' as of yet. as of late. AIright? I th~nk weYe c[0sing the door on this~ and t think it's obnoxious. It's to the point of subl-~me. To say that the dump stinks is.. t just can't put it to words.i tf it Stinks. [hen there are chemicals we can buy. and w~tl~ sp~ay it.' There are 'deOdorants that we can apply to it. I~d be glad to do that fre~. We d~n't' have to cave in h'ke this. These peopte..th~re going to tell you to get rid of your ~tocj. cause your docj can't mess in y~ur yard. This bureaucracy d~ives them-. They groove on this. Let's g~'~d0wn there, and mess their h~ad up wi,th grass clippings. Let's get do~t~ '{!~t~era. W~'tt bto{v their mmds wm~h the grass: clippings. I think we got t~.;ata~d up to them:. It's. imP0rtarr[~ ~b~caus~, it's tike that man said. what is n~t? You there will be SomEthing. and then it's going to be tike you can't recyci~- anymore~ We dgn~t· dig the way you recycling now. Yo,Yo ~i'ng to have pay for ~that.' We donC~- like the way you're doincj, that. T, he end result is you can't '~io n~thing ~ith your garbage. Don~t get no raf-Us~, becaaS~ you can't get rid of it. you know? Don't cut your grass. Don~c rake up,. Don't have debriS. Don't ha~e household..you know. you are n~ representative. you peoPi~ re~3resent me. because my voice can't b&"heard. 6ut the organi,zatioh th~C i b~llong to was heard because it was i,n rtumber~. They spok,e in r;umbe~s, and then people listened. They listened.. You know I tH]nit they fouhd out. man. we can~c just do anythin~ w~ want. cause these guys got 'together. and that's how absurd it is. I tl~i~k we have to. ybu k~3ow.;I kpow that..I don~t know whal you call it. I'm not attowed to say that. but we've got to take. hold here. COUNCILWOMAN HU$S)E: Mr. Harrcrun. I feel your frustration. I have to remind you thoughf that we d~d take a stand if you recall for the last four y~ars and refused to comply with the Long Island Landfill Law. Right now what we have, is a situation where we have been told. thou shall not take any grass clippings, a~d while we're not just caving in we're being a little bit selective on what We might p~otest. Just as this is bec~min9- a costly product, it could in a couple of years b~ no cos~. NED HARROUN: Well. if you need a march let me know. and I'tl organize it. We'll march down there. All right? Torches. rakas, pitchforks, it's got tO' be done. Thank you. ,Pg.[t 4/19/94 - PH' LL'! ' " - rmuta Foods .,~.,, SUPERVISOR WlCKHAM: Thank you. Yes? JOHNANNA NORTHAM: Johhanna Nor,ham. Southold. I'm on the other end of the spectrum. My husband and. ~ haven't used' p.esticirl~, or fertilizers in twenty years. Our lawn is just a little lighter tharr everyone else's. I just put somathi, ng on your desk tonight, Tom. I just noticed this because I was out of town, but Huntington, Smithtown, and Southampton have had this enacted in full. and claim it's working beautifully, and I don't see any reason why we shoutdn~ adopt it. Thank you very much. SUPERVISOR Wt£KHAM: I'ft just make a comment, f was in Huntingb3n yesterday, and there was a big public annourr~. There's a si~.Trr, just mow it. or jus( leave it. and there's to be a dem~nsfa-atien. I think, on Saturday morning at a parr< there, of the technique that th~y are recommending to their people. I'd also like to just comment that the action that wolfe considerirrcj her~ is not an action to ban' it alt together h-om our' la'ndf[ll, is it? COUNCILWOMAN HUS$1E: We can not keep gr~ at the landfill.' SUPERVISOR WICKHAM: But the action that we're proposing, we ca~-still accept it. We're just. going to charge for it in the same mariner, and at the same rate. that we charge for almost everything that- c~mes into the la~dfiil". Is there another question? LOUISE GOULD: I'm Louise Gould. I would tike to ask what the objection to grass cuttings awe? Just out of curiosity what's the matter with them? SUPERVISOR WtCKHAM: The problem is with grass clippings, if you have a mountain of them. and if they sit for any tength of time. then if you start to gat near them. they smet~. If you have a little bit of 9ra~s clippings mixed up with other things all the time it's a source of nitrogen, and it's just fine. The problem is. that mountains come ir~ April. in May. and June. and it is clear that the Town would be able to mix them in the proper proportions to keep them from smelling substantfafty. LOUISE COULD: Is the Town proposing to charge? Is that what it is? COUNCILWOMAN HUSSIE: The affect of this is that you wilt now have to. if youlre bringing in grass by the pound, or you have a lands~per, he's going to have to pay three and a half a pound. On the hand. if you do it as an individual you could put all that grass in one of our famous yetiow bags. LOUISE GOULD: That wasn't explained. · Thank you. JAY URBANSK~: I'm Jay Urbanski~ and I do lawn maintenance. Today, I knew this was coming about. Today I went out, and I pretty much estimated, didn't make it to the dumps today, they c~osed tonight with a load of grass. I got appro3dnratety five thou~,,d ~und~ ~n my truck ,ada7. and t estimate on an average half acre ~awn. a nice lawn. is maintained, not even watered yet. fertilized, t got about four or six hundred pounds of grass' of that one lawn. Right th~_re is a $1~.00 ch-arcje an top of their ragu}ar charge on an average. For me to bring that in every day right there you're ia}king $175,00 a day. I da that on an average four day a week. The,ts Pg.5 - q/'19/9~ - PH LL! rmuta Foods : almost $3.000.00 a r~onth that I'm going to have to charge my customers. It's grass that they pay for. Right? Now, it's a lot more work. What about New York State tax on that? On my hilts I have to charge for a service. That's a service. I got to cotle~t the tax. Right? That's a lot more paperwork. That's a lot more stuff. Not only that I'm utilizing my money, for thirty to sixty days my ~h money that's not there to take care of this. There's got to be sOme .kind of reiiof for us in the m~tter of bililng. I was charged, I guess when- they first started charging at the dumps. I guess I mis~e~ two statements of $3E.00 mayb~ every twer~ty da~s, I gu~-~ they b?ti: I donut remember I haver~Lt done 'it in a long time. If they're going to bitt us contractor every twer~y da~s. every ten days. that's a lot of monL=~, fo~- us to lay out when we don~t- sea' our money for twenty day~, ten da~s, fifty days after th~ biHi'ng .cycle. What can we de? We're going ta go out of busi¥~es~ ')aying out $3.0ee:00 a morr~h. Hopefully, we'l.l: recuj~ei-~rt~ it irt the month after~ that. SUPERVISOR WtCKHAM: How frequently do we bill? TOWN CLERK TERRY: Once a month. JAY URBANSKI: It is once a month? Was it at one time twenty days? TOWN CLERK TERRY: Yes. definitely. Every two weeks, and about a year or mor~ it's beerr once a month. It's much easier on the c~ntra~Lurs. JAY URBANSKI: And this has changed? What's the grace period on that? TOWN CLERK TERRY: Usuaity we warn yo~ at 45 days, and weHt cut you off at 60, but this is a policy of the Town Board. not something that I've developed. JAY URBANSKI: It's changed then since i stopped using it, because I've been paying for myself as I go in. I cut'that down. I was curious to find out what is going happened- t~ that. That really hurt my cash flow, period. SUPERVISOR WtCKHA~§: Thank you. Yes, Ronnie? RONNIE WACKER: Ronn}e Waclcer, Cutchogue. I'm no expert on grass c;ippin9s. but I would like to suggest that what this gentleman n~ is gooc~ PR program. You could save your clients a tot of morrey, if you would say to them, leave your grass clippings on the grass. What's the matte~ with that? [Tape change) As an individua[ homeowner, I welcome something tlke this because before waive been picking up the gra~s clippings taken them up to the dump, and now this comes along, and says you don't really have to worry, you can be as lazy as you want, and t appreciate that, because I don't want to bother token thc~e back, and putting them someplace else, and I~m very happy to leave them on the lawn, and t'm delighted t~ know that Pm doing a good thing. SUPERVISOR WICKHAM: Thank you. Any other comments on the proposed legislation before us? JOE SHESKA: Joe Sheska, again, and I work for Corneit University. and we are getting involved with grass clippings at the research lab in P9.6 - ~,/19J9~ - PH LL'~,~rmu'ia Foods ?~' Riverhead, but I think that a managed lawn that is mowed and kept w~thin a reasonable level, and doesn't have an accumulation of grass, can be a pretty acceptable kind of lawn. That's the one I maintain anyway, it may not be as manicured as many, but it's certain semething that may be we need to rethink in terms of what the current environmental condftlons are. to say what's acceptable, because ! think right now to think about taking grass clippings, and sending them off to Penns¥tvarr'ta is ridiculous, t think that's a waste of money, and a waste_ of money, and a waste of energy, and so forth, so ) think we need' to reth-inl~ what it is we want in our lawns. SUPERVISOR ~WtCKHAM: Thank you. Joe. Any other commet~L~ on tl-~ Local Law dealing with grass cYjpp}ng~? (No response. ) tf not, I dectar~ this heerlncj closed. Southold Town Clerk , ..- ~EGAL~OTICE .~ NOTICE OF PUBLIC.HEARING ON LOCAL LAW PUBLIqC NOTICE IS HEREBY[GIVEN that there :~has been prese.nted to the Town~ Bda~t of 'the Town of ']SouOaold, Suffolk [County, ' on the 19th day Of E - IS FURTHER Board th~ Law at the Southold l'ov.n Hall. Main So nhold~ New York, da.i-:of May~" L094~ al 8:05 P.[~ I.. a1 ',';'h~ch ffme all "Local.Law to Grass Clipp- as fo]lo~ s: the of the To~'n of 48 (Gaf't3age, Refuse) o_f Lh_e_ : Toxvn of Southdld 1. Sec£i, ~ 48-4Bd1 is hereby s foHous: . , brush, land~cap-' m~ted to stump_,, '- branches shrubs, plan[~, flees · '¢[ud~0g l~aves. [and f.t'a3s; : .chpPllngS]. ~ It,/~his Local Law shall take e~ffect upon its fding with ~":the S$cretary Qf State. : ~ !] *[Brackets] repcesent ? 'deletibng. Co~ies of this Local Law -are available in the Office of [the Town Cleck to any~in- ~tere~ted persons during · busin$ss hours. Dated: April 19. 1994 ~ JUDII'Iff T. T~RRY SOL. HOLD TOX3.2~ CLERK IX-4 28 94~3~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ~nd that the notice of which %he annexed is ~ printed copy, has been published in said Traveler-Watchman once each week for .............................. wee~s successivsly, commencing on the day _&/ of ..... ~.?..'~. .......... i9.V2 ... Swor~ to before me on this ...~day of Notary Public ~RBARA k ~CH.NSI~'~ NOTARY FUBL[C,, State of ~ P~LIC HEA~G ~EN ~ the~ ~ ~ p~se~ thg Town Board of the Town of NOTICE IS FURTHER GIVEN Southold Town Hall Ma~n Road. This ~¢opose~ ~Local' ~W in Chapter 4~ i'G~age R~bh,~h ~d Tows: 1- ~cfion 48-4B(1) is hereby O) heav~ b~hl l~g and U. This Local Law ~all t~e effe~ :*Ov~ke ~se~ delefiom. STATE OF NE~-(ORK} ) 8S: OUNTY OF SUFFOLK) ~of Mattituck. in said County, being duly sworn, rmy~ that he/she is Principal Clerk of THE SU'FFOLK 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 is a printed copy, has been regular- ly published in said Newspaper once each week for { weeks successively, commencing on the yof it .