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HomeMy WebLinkAboutLL-1994 #16 LOCAL LAW NO. 16 , 1994 A Local Law in Relation to Burning BE IT ENACTED. by the Town Board of the Town of Southold as follows: I. Chapter 36 (Burning, Outdoor) is hereby amended to read as ,follows: 1. Section 36-2 (Rubbish fires) is hereby deleted in its entirety. Sections 36-3, 36-4, 36-5 and 36-6 are hereby renumbered ~6-2, 36-3, 36-4, 36-5 consecutively. II. This Local Law shall take effect upon it filing with the Secretary of State. * Overstrike represents deletions HUNICIPAL]TY NYS DEPARTHENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 12231-0001 DATE: 9/19/94 Town of Southold LOCAL LAW(S) ~10. J YEAR I FILIEG BATE 16 & 17 I I994 I 8/15/94 Local Law Acknowledgment Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 DOS-236 (Rev. 6/~0) 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. t~R}c Southold Town Local Law No .............. .1..6. ................... of the year 19-9~--- in Relation to Burning . A local law ......................................... : ................................................................... Town Board Be It enacted by the of the of ......................... .-S.?-t--h-gJ.d-- .................................................. ns follows: Town ii. Chapter 36 (Burning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 3622 (Rubbish fires) is hereby deleted in its entirety. 2. Sections 36-3, 36-4, 36-5 and 36-6 are hereby renumbered 36-2, 36-3, 36-4 and 36-5 consecutively. 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 shect~ and number ehch.) Dos-~9 ~P~v. 7/9~) (1) (Complete the certification in 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.~ 16 9~ hereby certifv that the local law annexed hereto, designated as local law No .................................... of 19 ...... A _ .~_ ~.t_...~Town~ .... ~x of Sout~old .................... was duly passed by the ..qt tine ~k~'ormW,}~xoJt){. )k"~m~) -'~'~'~'-"~'~'~}'~'--~'~'~-~'r'~l~.~ with the applicable provisions of law. A.o..w_..n_ _ .~.o_ .a_ .r_9... ~ ......................... on---'-:~ ............ ~Name of L~gislatlve Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereb certify that the local law annexed hereto, designated as local law No ........................... 7',' .... ~ °f.l.9"5,"- Y ................. was auty passeo vy me of the (County)(C~ty)oown)[vmage) r ........................... ............................................... on ......... i ........ 19 ~---, and was (approved)(not approved)(repassed after (Name of £eglslative Body) disapproval) by the .............. : ................................... and was deemed duly adopted on .................. 19 ...., (Elective Chief Executive 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 ('Count~)(City)(Town)(Village) of ................................................................. was duly passed by the ........ '. .......................................... on .................. 3.9 .... , and was (approved)(not.approved)(repassed after (Name of Legislatlve Body) disapp~oYal) l~y the ............ : .................................... on ................... 19 ..... Such local law was submitted (Elecdve Chief Executlve Officer*) to the people by reason of a (mandatory)(permissivg) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 3.9---- , 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 hereb certify that the local law annexed hereto, designated as local law No .................................... of 3.9--:-- Y ' . ~ ..,. .... was duly passed by the .of the (County)(City)(Town)(Village) ot--~ ................. after (Name of LegiMad~e Body) disapproval) by the .................................................. on ' ~9 .... Such local law was subject to (Elecdve Chief Execudve 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 court ty 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 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 rece_ived 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.) Lhereby 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 al 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- ;Os of said county as a unit and a majority of the qualified electors of the toxvns 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.) Ii 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. Cle~of the County legislative bod~, C~'~"Town o~'1 g or officer designated by local legislative body Judith T. Terry; Town Clerk (SeaO Date: August 10, 1994 (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 foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed here .,to..~ t Laury L. Dowd, Town Attorney Title Date: Southold Auqust 10, 1994 (3) PUBLIC HEARING IN THE MATTER OF A SOUTHOLD TOWN BOARD AUGUST 9, 1994 5:00 P.M. PROPOSED "LOCAL LAW IN RELATION TO BURNING". Present: Absent: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Councilman Joseph L. Townsend, Jr. SUPERVISOR WICKHAM: We have now a public hearing in relation to burning. COUNCILWOMAN HUSSlE: "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 26th day of August, 199L~, a Local Law entitled, "A Local Law in Relation to Burning". 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 9th day of August, 1994, at 5:00 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Burning"reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows" 1. Chapter 36 (Burning, Outdoor) is hereby amended to read as follows: 1- Section 36-2 (Rubbish fires) is hereby deleted in its entirety. N~ pm-son- sba+l- se~ ~i~ t~ or bttr~r,- or ca~ h~ se~ ~ ~ o~ ~-o~td~-~h~ the H~ts oF ~he T~n oF 5~d~-~h~ ~ ~~or a rece~ac~ ~ o~ ~re an~ Pg.2 - LL 2. Sections 36-3, 36-~,, 36-5 and 36-6 are hereby renumbered 36-2, 36-3, 36-4, 36-5 consecutively. II. This Local Law shall take effect upon its filing 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: July 26, 199Lt. Judith T. Terry, Southold Town Clerk." Joseph Barbato. Dear Supervisor Wickham, and the Town Board- I request the legislation for the above proposal be unanimously enacted, and the law strictly enforced. A family member suffers from an asbestosis, and the toxic fumes created in the open burning by the neighborhood infringes greatly, on his breathing. The dense humidity causes the odors to linger indefinitely, and the strong wind from the open water creates a fire hazard. Kindly act upon the matter to stop escalation of practice by other residents. We are grateful for considering our request and thank every Board member who casts a yes vote. Very truly yours, Catherine Barbato and Joseph Barbato. From Mrs. Robert W. Tasker to the Town Board, and the Supervisor. Re: the burning ban- I intend to be at the public hearing on the no-burning proposal which has been scheduled for 5 P.M. on August 9th at the Southold Town Hall. In case something unforeseen comes up at that time, I would like this letter to be read into the minutes of that hearing. I strongly object to your banning this burning. I have a burning barrel with a cover. I burn only papers, no leaves, no colored newspapers or any newspapers for that matter as they are picked up by my carter. I do not burn any rubbish or anything that would cause noxious aromas. I, also, burn papers from my husband's law office so that old clients can be assured that their private papers are not being blown around at the dumps or read by anyone. It would cost me a fortune to dispose of over thirty years worth of files that were left in his law office both for the Town and private clients. As far as air pollution is concerned, the environmentalists will not be able to stop people from burning papers in their fireplaces, when you take away their burning cans. This, also, goes into the air. I am a native of Southold Town. When I was growing up, leaves and papers were burned in the Town. We did not have all the problems then that we now have with mosquitoes, ticks and other insects. I hope that people do not have to move out of our Town because of garbage bills and taxes. There will be less tax money for Town expenses, including Town salaries and police cars. Thank you for consideration of my letter. This will help us not to doubt the legal system. Very truly yours, Susan E. Tasker. There is notification that this notice has been posted on the Town Clerk Bulletin Board out there, and also, publication in both The Traveler-Watchman, and The Suffolk Times- That's all there is. SUPERVISOR WICKHAM: I've asked Alice if she would like to summarize briefly exactly what we are doing by enacting this law. COUNCILWOMAN HUSSIE: The main thing that we're trying to do is clear up the confusion that is brought about by the County ban on burning, and the Town's ban on burning. The Town said, yes, you can burn if you burn in a barrel, and if it's 25 feet from a building. The County says, don't burn at all. We would like to have no one burn, because in deed, this is me talking now as a private citizen, I think that if you're worried about the water, and you're worried about the green, and everything else, you Pg.3 - LL ought to be worried about the air. So, to remove this section of the law, that Says you can burn in effect puts the County's law opposite. SUPERVISOR WlCKHAM: We have in what Alice is saying, is we currently have two laws on the books, which contradict each other. On the one hand, the County is saying that thou shalt not burn in an open barrel. On the other hand, the Town is saying, thou may burn. By removing this provision from the Town Code we are basically saying that we are not going to be in the business of enforcing the burning business at all. It's in the hands of the County. Joe? COUNCILMAN LIZEWSKI: The State ECON Law also states that also states, that the Town Law was taken from the State Environmental Conservation Law, which stated in town's of less than twenty thousand people could burn in a barrel the way we had ~t written in the law, and the reason that was put in place is that I think simply to help the towns that were upstate New York, that were very small, and had a very small population, and didn't have the density. So, the State ECON Law is still in place, even though the County Law is also in place. The County would like to enforce their law. SUPERVISOR WICKHAM: You've heard the reading of the proposed legislative change, and the change calls for the town to delete entirely from our Code any reference to burning. That's basically what the action is, that is on the table. Would anyone like to address the Board on this proposal? ALLAN CONNELL: My name is Allan Connell. I would just like to speak in favor of this proposed law. Alice, I totally agree with what you said. We're concerned about the water in Southold Town. We go to great pains to try to clean up our estuaries. We're concerned about conservation of our resources, and yet we're allowing open burning in this town, is just totally amazing to me. Given that fact that it brings back fond memories when we used to have open burning, go to the dump, and you could smell it for miles around, not to mention the pollution that was created. If we were to propose to put in an incinerator in this Town, there would be tremendous public outcry. We wouldn't even consider such an action, and yet we have little incinerators in everybody's backyard. The other thing I'd like to say is, as I sit out on my deck sometime, if I go out on a walk in the early evening, and I would urge everybody to do that, in the early evening everybody is burning- It smells like a dump out there. It's totally amazing. So, I'm obviously against burning, and I think it's something that we should consider as citizens, we're polluting our atmosphere, and I strongly recommend that we adopt this law. Thank you. SUPERVISOR WICKHAM: Thank you, Mr. Connell. Ann? ANN LOWRY: My name is Ann Lowry. I'm speaking for the North Fork Environmental Council. We've spoken on this issue of burning before, and I thought the Board's taken this issue up now, and I hope you all vote · unanimously to delete the possibility of burning. Even though it's a small town, I don't know how you can contain the air. You know, how we can you keep the smoke right in our area? It moves, and it pollutes wherever it goes. We hope that you will enact this. Thank you. Pg.~- LL SUPERVISOR WICKHAM: Thank you, Mrs. Lowry. Any other comment? DAVE GUNSELMAN: Dave Genselman, Laughing Waters. We've spoken about pollution, and that's a result from this open burning, but we haven't consider fire. Now, I have neighbors who burn in supposedly covered barrels, flames coming out two feet up. We~ve had a very dry summer. I live surrounded by woods, leaves, and everything like that. One spark and we'll have a huge problem, and I don't think the Fire Department in Southold are going to be able to cope with this. A good wind and a nice fire, and we have a big, big problem. So, this is another aspect of this burning that we have to consider. Anyone else, who would like to address? JOHN OLINKIEWlCZ: My name is John Olinkiewicz. I live just outside of Greenport Village. I have two small children, and I have neighbors who burn, and I find a fire hazard present every time they burn. One neighbor burns five feet off my fence. Also, I have another neighbor who~s burning. I saw the flames fifteen feet in the air from my bedroom window. I thought he set the woods on fire. One neighbor has been burning styrofoam, old carpeting, old diapers, garbage, plastic bags, and everything else that he could possibly burn. I think it's a real shame, that the town has to put up with people burning garbage- The other thing I'd like to mention is I find it very difficult to let my two children out to play in the afternoon when somebody starts up a burn barrel, puts a board over it, and lets it smolder for ten, twelve, fourteen hours at a time, and smokes right into my backyard. It's ruined by property value every time this person starts up a fire. I support this resolution. SUPERVISOR WlCKHAM: Thank you. Would anyone else like to address the Board ? GEORGE CAPON: George Capon, 509 Seventh Street, Greenport. I'm in favor of burning. When you have to throw out our very great American flag, you can't bury it- I cai[ed Town Hall, maybe, two months ago to bring this thing up which I heard about burning. What are we going to do about the American flag? I was told, well, you can cut it up, and use it for a rag. That's a beck of thing for one of the Town Board members to say. The flag, what we have, when we have to discard it, we have to burn it, and if we can't burn the American flag, it takes a lot of stuff away from us. Thank you. SUPERVISOR WICKHAM: Thank you, George. Yes, ma'am, in the back. VANETTE OLINDIEWICZ: I'm Vanette Olinkiewicz, obviously that was my husband. I understand his problem with not being able to burn the American flag. I would not use it for a dust cloth, but it's the people we can't control. The other people in our neighborhood, that we can't control. I've got my one neighbor, who~s burning tea bags, and plastic, styrofoam, and the fumes and the aromas are coming across my backyard, and I can not breathe. I get one whiff of that smell, and throat constricts, and I can not breathe. I've almost had to call the paramedics twice. We can not have open burning, because we can not control everybody in our neighborhood. I'm willing to fight, and tell that person if he, or she can not burn anything, but they're not always going to listen. It took calling the Police to get this person to stop burning, and even the Police didn't know what Pg,5 - LL the rule was regarding the burning. I had to inform him what the rules and regulations were. So, we have to put a stop to the open burning. It's just not healthy, and it's not good for anybody. Thank you. SUPERVISOR WICKHAM: Thank you. Yes, sir? JACK SHEA: My name is Jack Shea. Saturday night my wife opened the doors. It was a nice day, and she got a big whiff of garbage. Unfortunately, I had to call the Cutchogue Ambulance Squad. They came. They took her to the hospital- She's been on a resuscitator. (Tape change.) JOE PETERSON: My name is Joe Peterson. I live in Cutchogue. I don~t think burning is a burning problem at this point in time. Obviously, I don~t see it that way, but with all this hoopla regarding the issue, if you make an issue out of it, and say, well, yes, it's legal now, or it's illegal, if · it were to be legal, I think everyone in the town would know that, hey, now it's legal, now everyone can burn garbage. I don't think anyone in the town wants everyone in the town to burn garbage. I'm very opposed to it. SUPERVISOR WICKHAM: Thank you. Yes, ma'am? CAROL HIDDINK: My name is Carol Hiddink. I would like to see that put into effect, that they can not be allowed to burn. First of all, it's not safe. Up until last Friday we had no rain to speak of, and it wouldn't take anything to start a fire. It's so dry. Most of the property in my neighborhood has only fifty foot frontage. They usually have a garbage or shed making it impossible for them to be 25 feet from the nearest building, and still burn. These burn barrels, I thought, were supposed to have a cover on them of some type. Some of them don't. I have seen sparks going up in the sky on more than one occasion in the summer. It, also, is not healthy. The burning produces a very objectional odor that's irritating to people with allergies, and respiratory problems. When other things beside cardboard is burned the fire smolders for hours sometimes making the odor even worse. With the humidity, high temperatures, and sometimes no air stirring, it has been awful- You can't close your windows to get away from it, even your air conditioner ~sn~t any good. For people who try to hang out laundry, you can just forget it. The people who do burn in our court, I invite you to try living in my neighborhood for awhile, and enjoy the wonderful scent while you are eating your dinner. Thank you. SUPERVISOR WICKHAM: Thank you. Mr. Carlin? FRANK Laurel. happens permit? CARLIN: Good afternoon, ladies and gentlemen. Frank Carlin, One question before I start. If this law goes through, Tom, what to New York State Department of Environmental Conservation Does that override you? This is from the State now. SUPERVISOR WICKHAM: It's my understanding that the State Law regarding burning kicks in only for towns in excess of 20,000 population. We're not quite at that level. FRANK CARLIN: We've got 20,000 here. Pg.6 - LL SUPERVISOR WICKHAM: I think, according to the last census, which is what the State rule goes by, we're not quite at that .level. Whether we have more than that is a different question but according to the census, we were not quite at that at the most recent census, and that's what State laws key to. FRANK CARLIN: We must be going down, because I know five years we were at that. You see all the real estate signs, I guess we're going down losing the people. But, what about agriculture? I'm raspberries. My right in New York State, I fill out a form, and they give me a permit. Am I permitted to use it under this circumstance? SUPERVISOR WICKHAM: As I understand it, under State DEC rules people can apply for special burning permits under special conditions with a number of conditions to that. You could apply for that, and if you qualify you would receive that, and I believe you would entitled to burn for that particular purpose according to the permit. FRANK CARLIN: You have that now, don't you? Aren't you burning? SUPERVISOR WICKHAM: I~m not going to address my business concerns. FRANK CARLIN: It's not a personal question. SUPERVISOR WICKHAM: Excuse me. This is a public hearing. The Town Board is getting the benefit of your views about burning. The Board is listening intently, and is anxious to hear what you have to say. They're not interested in what the Supervisor has to say about his business. FRANK CARLIN: It's a good question, though. Okay. Burning in an open barrel as far as I'm concerned I have no problem with, providing it's done reasonable, and sensible. Burning rags, and stuff that smokes, I can understand that, but burning newspaper, and controlling it, there's no problem with it. I remember back in the mid '50's Mattituck Fire Department would send you out once a year a donation, and along with that donation you would get an automatic burning permit. It was no problem. I could burn my raspberries, canes, I was stacking in heaps, let them dry out. When I was ready to burn with no wind on a calm night, hooked up my irrigation pump, which supplies a two inch fire hose, and I'd get the job done with no problem. Now, you can't do that. I understand now, before you could take them to the landfill, raspberries canes with no charge, now, according to the Supervisor of the Landfill, he's saying, that you're considering having a agriculture permit for that, so, I guess, that's another permit will be added to the town. As far as polluting, if you want to say that burning in an open barrel is going to create pollution, well, then you must have to consider how about all these barbecues in the summertime, churches, and fire departments, organizations with 140 chickens on the fire with that smoke burning all over the place. We should consider that too then. I mean, looking at it rightfully now, Tom- I'm here, Tom, like everybody else tonight, and I'm expressing my opinion. Please, don't interfere with me. I didn't interfere with you or anybody else. I'm up here discussing my opinion, and I'd like to have some respect to do so. You have the tendency to always do that to me- Like Truman said, if you can't stand the heat, stay out of the kitchen. Pg.7 - LL SUPERVISOR WICKHAM: We're listening, Frank. FRANK CARLIN: You're worrying about pollution. That's what I hear about smoke pollution. Let's consider things like that. If you burn in a sensible way there's no problem with it, but naturally if you're going burn cloth the stuff is going to smoke. I can understand that. Just one thing before I leave on this one. Four hundred fifty oil wells was unfired for over a year put more pollution than Southold will ever see. Remember that · example about the barbecues, when you're talking about pollution here. You ever go to a barbecue and see 1~0 chickens cooking with that chicken fat flying all over the place with the smoke? Think about it. SUPERVISOR WICKHAM: Thank you, Frank. PHILLIP VANBOURGONDIEN: My name is Phil VanBourgondien from Southold. Good afternoon, ladies and gentlemen. I'd like to speak for a moment about this new [aw, if enacted on burning- Number one, it creates the sale of more yellow bags. That's good for the town. You get more dollars. Two is that it's good for the town. Number three, it creates more cubic yards of debris that has to be taken away, carted away, not tonnage, because it's light, but there is going to be more trips of trash that has to be hauled to New Jersey, or wherever they are taking it at this point. Big Brother in Washington, Albany, Suffolk County and Southold all cost us more. Every time we turn around there's a new permit for a law that regulates us. Locally we have C-O.~s, sign fees, yellow bags fees, dump permits, parking permits, shellfish permits, construction permits, beach permits, demolition permits, yard sale permits, Building Department fees, and environment approvals, wetlands, water fees for hookups. That's a beaut. People today want to hook up to Greenport it cost them $5,000.00 to hook up. That is a disgrace. That's not what I'm here talking about, but I couldn't help but get that in. The DEC, you have to get permits. The Army Corp of Engineers, and it goes on and on. Our parents and grandparents came to America mostly from Europe. My father, my grandfather, my grandmother came from Northern Europe. The came for the freedom, that America offered. These freedom, that we all hold dear, are being taken from us every day by this Town, State, County, and Federal government, with new regulations and new laws. What about the people who have purchased paper incinerators less than a year ago, the burning incinerators. Now, it's out the window. That expense is gone. Farmers have cardboard cartons that aren't usable for shipping to market. They have to get rid of them. The grape people have cartons that aren't usable for the shipping of their wine. Every time you turn around we're supposed to be kindly to the farmer in the vineyard in this town, because that's going to keep it open space, but we whack them with some regulation again. Pollution is the big word. The environmentalists say, it's polluting. That's so infinitesimal here on the North Fork with all the wind and breeze that we have. Yes, there are example today about that. People abuse the burning law. There's no question, and it ~s summertime, and it's dry, but for about ten months of the year, there's all the wind that anybody would want to see. In fact, most of the time there's too damn much of it. Better that the environmentalists concern with the 300,000 acres of forest land that burned up in Washington in the past week, not to mention hundreds of thousands in other states in the Midwest, in the far west. Now, that's pollution, and that will effect us here because the jet stream and the winds Pg.8 - LL come from West to East. Creating a no burning law means more regulation, and means more enforcement. People are going to burn papers in their fireplaces. You're going to have the same pollution coming out of the fireplaces for the rest of the year. The new regulation smells of overzealous environmentists making a big deal over almost no pollution at all, and that gives the Town another way to raise dollars by selling more yellow bags. Please, leave us alone with less new laws. I, respectfully suggest, that you leave the burning regulations as they are, and perhaps when there is a complaint on smell notify the party involved, and that they are in violation. Paper and cardboard alone does not smoke, does not smell, and amount of pollution for those items is infinitesimal- Thank you very much. SUPERVISOR WICKHAM: Thank you, Mr. VanBourgondien. MARY MULCAHY JACKSON: Hi. Mary Mulcahy Jackson, the Village of Greenport. I would like to applaud the Board's effort to change the legislation to prohibit burning, open burning, in the Town of Southold, and I guess I'm one of those overzealous environmentalists, but as far as pollution goes, just because it blows away doesn't mean it isn't polluting. Just because you can't see it, doesn't mean it isn't polluting or harming someone. We've had testimony here this afternoon, that people are having very difficult times breathing because they're being exposed to nocuous fumes. We can not control everyone who is burning, and what they are burning, and it's also very clear that there's a lot of burning of recyclables that's going on. We can recycle corrugated cardboard, and newspapers, and office papers, so all these items do not need to burned. They can be recycled free. They do not require the purchase of a yellow bag. So, I would again like to applaud the Board's effort. Thank you. SUPERVISOR WICKHAM: Thank you. JEAN UDELL: My name is Jean Udell, and I would very much like to see burning stopped. We live in an area where the homes are close together, and there's never a day goes by, that one area of my home is not invaded with objectional smoke. We have a home which sits angular on a corner, and we can hardly open our windows at night, because we're getting choked out of our own home with the smell of burning garbage, and anything else that they can think of to burn. Now, I've had it right up to here. Thank you very much. SUPERVISOR WICKHAM: Thank you. Yes, sir? JACK BLAIS: My name is Jack Blais, and I didn't come here to talk about the burning issue, but I happen to sit here, and listen to everybody, and I think the number of fireplaces in this town, and the number of barbecues, I don't have a fireplace, I recycle, I buy yellow bags. I spent this weekend tying up a whole trunk load of newspapers. I do barbecue, and I would think everybody on the Board does, but those people that are against burning, I would hope that they don't use their fireplaces, and they don't barbecue, because I can sit in my backyard were I live, and no one on my street burns, and I can get barbecue smoke coming through my backyard from five houses away, and I do barbecue. Pg.9 - LL SUPERVISOR WlCKHAM: Thank you. Are there any other comments on the ordinance that you've heard read regarding the proposal to remove reference to burning from the Town Code of the Town of Southold? GEORGE CAPON: Can I ask one more question? If the Town Board does pass this here law, is that going to be no burning complete in Southold Town, farmers, and everybody? SUPERVISOR WlCKHAM: Iql try to answer that question, and other people can help me, and correct me. It's my understanding that if the Town Board passes this legislation it removes from the Town Code any reference to burning. Consequently any enforcement of the anti-burning provisions will rest with Suffolk County, who currently have it on their books to stop burning. I don~t think that by taking thls..if this Board does pass the legislation thatfs before us, I don't think that will automatically trigger a strong enforcement activity on the part of the Town of Southold. It wouldn't preclude it, but I don't think that it will automatically put that in place. The second question that was asked, does this effect permits that people can call for, and Mr. Carlin asked that question. It's my understanding that permits offered by the Department of Environmental Conservation with a number of restrictions attached to them, will still be available, and people with those permits will still be able to make use of them, subject to those conditions- Joe? COUNCILMAN LIZEWSKI: I have called the Health Department in Suffolk County, and they will enforce their Code. If the complaints is made to the Suffolk County Health Department they will come out, and they have to enforce the Code, and they told me that they will. SUPERVISOR WlCKHAM: Are there any other comments on this piece of legislation that's before the Board at this time? JOSEPH FENTON: My name is Joseph Fenton from New Suffolk. I tried to find out how many burn barrels are in Southold, and nobody knew. I don~t know how you can legislate if you don't know what you're legislating against. You don't know how long they burn, whether they burn for fifteen minutes, or a half hour, know whether they burn every day, or they burn once a week. Yeu don't know if they're year-round burners, or part of the year. You don't know whether the people who use burn barrels don't go into the fireplace in the wintertime, and how can you have due process if you don~t know the answers to these questions? As far as what the person raised about the American flag, I think the Supreme Court said, nine to nothing that you can burn the American flag. I think that supersedes these laws. We're not going to burn American flags. We're proposing to burn paper. Recycle. Nature's way of recycling. You take the carbon, it combines with the oxygen from the air, makes carbon dioxide, gives off, and then the heat from the sun, the plants take the carbon dioxide, make carbon again, and throws off oxygen. It's the really truest recycling there is, and you're talking about banning. As far as someone without a chimney, or without a fireplace, you're not giving him the equal protection of the law. You're legislating something, and you're not..it would be one thing if you said there's no burning, fireplaces, no fireplaces, but you're not giving a person who doesn't have a fireplace an opportunity, and I question the Pg.10 - LL constitutionality, because of that. I think you should get a legal opinion from counsel as to whether this is an appropriate way of doing things. SUPERVISOR WICKHAM: the front here. Thank you, Mr. Fenton. I see a comment from CYNTHIA HALSEY: Cynthia Halsey, and I live down Stink Alley, and I can tell the gentleman, who inquired as to how long burning can go on, my house was inundated from four o'clock in the morning until eight o'clock in the morning one day. That's four hours, and the fire I think was one that had started around nine o'clock the night the night before, and burned down. I can not tell you how many hours we have invaded, because I haven't kept a count, but three days out of every week this summer we have had some intrusion, bad, worse, or indifferent. If people did what they were supposed to do burn nice little papers, regardless of the carbon content. The ink is not carbon anymore, and that will stink, I might add. If people would behave properly there wouldn't be laws. They don't. SUPERVISOR WICKHAM: Thank you, Mrs. Halsey. Yes, sir? WALLACE MCGAHAN: My name is Wallace McGahan. I live in Cutchogue. I'm standing to speak in opposition to.the proposed change in the Town Law, and to suggest an alternative, but I would like to make a comment about the effects, that this change if you have it, on the revenues from yellow bag sales. The fees that people pay for things like yellow bags, like taxes, are another way the Town extracts money from pockets of the residents. Recently I examined the budgets of the Town for the past fifteen years, and I was astonished to find that over the fifteen year period the amount collected by the Town in fees, licenses, permits, penalties, and now, yellow bags, has grown by 370 percent, which is an annual compound rate of growth of 27.5% in those items. Now, a 60% increase in all these fees at this type collected occurred from '93 to '9~. That was largely due to the increase of the dump fees, and the yellow bag program. I think that a large increase, again, in the coming year in such fees can be expected, if this law is repelled, or the old law is repelled, and all rubbish, as well as only wet garbage must be delivered to the dump in yellow bags by all persons who now burn dry rubbish- From my experience over the past four or five months, and I have been burning paper, I estimate that the volume of dry burnable rubbish is at least ten times that of wet garbage. The weight is certainly not ten times. Thus, the persons who now burn their dry rubbish can expect to have to buy about ten times as many yellow bags, because bags fill up by volume not weight. The motivation to change this law is that in reducing pollution, but I don't know, I think that that's not really the issue. There is a problem in some areas, and the law rather than dealing with the problem, changing the law rather than dealing with the problem, tries to eliminate all burning which will not really eliminate the problem particularly by those people who are willing to bet that the County will not come enforce it, or those who will simply burn in the fireplace- There certainly must be, as we heard tonight, scattered instances of complaints from neighbors who burn, and create smoke and foul odor, and allow cinders to rain down on those next door. I think we ought to change the law, that would be directed at those bad neighbors, and not deprive all the good citizens of their rights to properly, and carefully burn rubbish to save a few dollars in yellow bags, and save trips to the dump, which for Pg.11 - LL some people is quite a few miles to make that trip. Accordingly, I would like to request that the Town Board an alternative to outlawing all burning, and that would be to require that a burning permit be obtained for which a modest fee would be charged, and invoke a penalty for burning without a permit, and that burning permit could then be revoked if a person burned improperly, and consistently annoyed his neighbors. Thus, that person alone would be forced to send all of his rubbish to the dump in yellow bags, leaving other citizens to decide for themselves whether they want to haul rubbish to the dump, or properly and responsibly burn it. This would avoid a potentially substantial increase in the volume of garbage, and rubbish, that you haul out of town by the carting company, avoiding the associated cost increase, which get paid for through yellow bag sales, the truck traffic, the dump traffic, and the inconvenience to some of our citizens. SUPERVISOR WICKHAM: Thank you. Yes? JOYCE STEINER: I didn't plan on speaking on this issue. Joyce Steiner from Cutchogue. If people would take the time to rip up the cardboard into little bitty pieces, it would not make a difference in volume, then all you have to do is recycle your newspapers, and large corrugated paper, and you won't have a problem. I'm for banning the burning. SUPERVISOR WICKHAM; Thank you. Were there any other people who have not spoken, who would like to address the Board on this burning issue? WILLIAM MANN: My name is William Mann from Cutchogue. I think this is a people problem not a burning problem, Our neighbors don~t really care what is going on this town, and people tend to burn plastic, and they should be cited for burning plastics, instead of having our rights taken away to be able to burn- I think that your minds are already made up on this vote. I think that there should be a direction, and the direction could be towards an incinerator in Brookhaven Town. Our garbage is going past there anyway. Why can't we work something out. As Supervisor you could inquire, instead of one more thing to charge us for buying bags, or something along that line. Anyhow, I~m very upset the way this is being handled. I don't think that this town is going to be able to enforce what you're taking away from us. The County is not going to be able to come out here, and enforce it. The State Law supersedes the County and the Town Laws. I feel that the people in this town pay enough taxes. They should not have buy more yellow bags. Thank you. SUPERVISOR WICKHAM: Thank you, Mr. would like to address the Board on this declare this hearing closed. Mann. Is there anyone else who issue? (No response.) If not, I Judith T. Terry~/ Southold Town Clerk .LEGAL -NOTICE ~ NOTICE OF ~ PUBLIC HEARING : ON LOCAL LAW ~PUBLIC. NO~FICE IS i:HEREBY Gl%l~N'that [here ] ~has been presented to the :7.?d~ n Board of the Toah of Sou£hold. Suffolk Coun y. ~ New York, on the 26th dgy of !~,;Jk~3:,~1994, a Local Law en- :-titled."'A Local Law in Rela- :fion to Burning." ;5 NOT[CE [S FURTHER ~ C, IX, I~N thm.'the Town Board 4of the 1-own of Southold vail Lhold a~ublic hearing on the ,.afoTesaia ko~fl kaw at the ~ '~ Sotnhoid Iowa Hall. Main i) Road. SouLhold. Nex~ 5brk. :~ou Ihe 9lb dm of August,: q'794, at 5:00p[M. at which ;':will be heard. ~:' This proposed "kocal ~i-[a~t 'in Relation to Burning" kreads as follows: :.. BE-IT ENACTED b~, the i!.To~n Board of the Town of ii$ourhdid as follows: L E; Cha-pt& 36 (Burning, ~.:OuCdO0¥) i~ he(eby amended E'ro read as folloWS: ~. L Section 36-2 cRubbish: 't~res~ is hereby deleted in its !' ~ntiret~: [No person sbaU set. ;.ha e set fire to or bume& ~ any wast~aper, rubbish or *:'o. th~ inflammable'matter or ~'matefial~ outdoors within '.,khe Limits of' the Tou~t of. ?Southold ~tid:~ twdnty-five ~r25~ t'eet or;my building. ';Stn.-h ~mattey' inay be fired "and burned in sa:fe and ;'five ~'25j feet· from an): Ohu ding, onh' when it is ~ !!burned or set fire'£o"in a {.ixiade Of wir~ and ¢om p]ete- gtx~ om'ered, wkh a top so con-: ted a~-ro keel~ piec~ of mat. e;ials fi'om blo~4, ng ,:a~xay. ~MI such fLrks must be ::ex-nngmshed by. 9:00 p.m., ..and in al/ cases due regard (~nz,JI be.gixena0 prevent the ]creation. of a s~oke or '~3dor ~ ,.nmsattce_] . . 2:S&&t6ns' 36-3, 36-~, 36-$ -and 36-6; are hereby : ren'umb~d'~6-2, 516-3, 36-4, · 36-5 consecurivels: II.'.This Lbcal Law shall take effect upon its filing , the Tmm'Cle?k' to' afi~ in- COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watclunan once each week for .............................. weeks succe~ely, commencing on the S~ to before me on this .... I .... day of Notary Public BARBARA K SCHNEI~R NOTARY PUBLIC, $~t. Of New York No. 4806846 Qualified in Suffolk COmTly Commission Expires oo/Bq?,~ LEGAL NOT/CE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUI]L[C NOTICE I$ HEREI]~ GI-VEN that there ha~ been presented to the Town Board of the Town of Sou ho d, Suffolk Co nty. New York. bq [he 26th day o/~August~ 1994, a LoCal Law entitled, '~A Local i~aw in Relatlon to Burning". NOTICE IS FURTHER GIVEN thai the Town Board of the Town of Southold 'a, ill hold :t public hearing on the aforesaid Local Law at the ~oucholdTown Hall, Mait~ Road, ' Southold, New York. on th~ ~th day o1' August, 1~994, at 5~00 p.M.~ aT wfiich tiinc all interested peseta will b6. heard. This proposed "Local Law in Relation to Burning- reads as fol- BE IT E~A~CT~[~. bY the Town Board. STATE OF · ~ · ~ ) SS: COUNTY Off SUFFOLK) ~of Mattituck, ~d Co~, bei~ d~y s~m, ~ ~t he/she is P~cipal Clerk of THE S~LK TI~, a Wee~y N~paper, published at Matfltu~, ~e To~ of Southold, Co~ of S~o~ and S~te of N~ York, ~ ~at ~e Nofi~ ~ w~ ~e ~xed ~ a p~t~ copy, h~ b~n ly ~lished ~ ~ Ne~pap~ once ea~ ~ wee~ sgc~ssi~ly, ~en~: on ~r