HomeMy WebLinkAboutLL-1994 #22 LOCAL LAW NO. 22 - 1994
A Local Law in Relation to Landfill Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold
is hereby amended to read as follows:
1. Section 48-4.A.(2)(c) is hereby amended to read as follows:
(c)
The fee for the issuance of a lessee landfill permit shall be t-we,fy-loire
dot+ars {$~5.-} such fee as shall be prescribed by a resolution of the
Southold Town Board.
2. Section 48-4.A.(3)(c) is hereby amended to read as follows:
(c)
The fee for the issuance of a guest landfill permit shall be tweat~-~4¥e
dot+ars ~$~5,} such fee as shall be prescribed by resolution of the
Southold Town Board.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents additions.
** Overstrike represents deletions.
Town of $outhold
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 ~ashington Avenue
Albany, NY 12231-00D1
DATE: I2/29/94
LOCAL LA~(S) NO. I YEAR
22 I 1994
FIL[NG DATE
10/24/94
Local Law Acknowledgment
Judith T. Terry, To~ Clerk
Town Hall, 53095 ~in Road
PO Box 1179'
$outhold, NY 11971
005-236 (Rev. 6/90)
-I
_}
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
I62 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be gtven as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
_ ~:l~x of ..... -S-p_-u_t--h-9-[-d. .......................................................................
Town
Local Law No ....... _2__2_ .......................... of the year 19._9__~__
A local law ....J-n._..R.-e.!.a-t-!.°.-n_..t.°....L--a--n--d.f.i-!!...P.e.-r--m-J3.~- ...................................................... ~-
Town Board
Be it enacted by the ......................................................................................... of the
~:i~ o f - - - -S- -O- ~ -t- -h-°- ! -d- ......................................................................... as follows:
Town
Chapter 48 {Garbage, Rubbish and Refuse) of the Code of the Town' of Southold
is hereby amended to read as follows~
1. Section 48-4.A (2)(c) is hereby amended to read as follows:
(c)
The ~ee for the issuance of a lessee landfill permit shall be
.... ~ t.~o.-} such fee as shall be prescribed by
a resolution of the Southold Town Board.
2. Section 48-4.A.(3)(c) is herebe amended to read as follows:
{c)
The fee for the issuance of a guest landfill permit shall be
twet~-t¥-f+ve-do~[irvs-($25~-) such fee as shall be prescribed by
a resolutio;n~ of the- Southbl'd -Town -Board.
II. This Local Law shall' take effect upon its filing with the Secretary of State.
* Underscore represents addditions
** Overstrike represents deletions
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOs-~9 (R~. Tm) (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.)
I hereby certify that the local law annexed hereto, designated as local law No .... _2_.2_ ............................of 19---9?--
of the ~q'~:~t0g'gTown)(:~141~o~ of $outholc't ................................ was duly passed by the
.............. - "' -iiiiiiiiiiiiiiliil ..... 131 ....' '
To,dh Bo~l'ffd ...... on October 1 819 9 , in accordance with the applicable Provisions of law
(3[arne of £egisladve 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 la~v 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 Leglslative Body)
disapprovalI by the .................................................. and was deemed duly adopted on .................. 19 .... ,
(Elective Chicf Execudve Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Legistatlve Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chlef Execudve Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the q~alified 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
(Name of Legislatlve Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
[Elective Chief Executive O~lrcer' )
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village? or
'the supervisor of a town where such officer is vested with the power to approve or veto local laws o r ordinances.
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
sect[on (36)(37) of the Municipal Home Rule Law, and having received the af£u'mative vote of a majority of'the
qualified electors of such city voting thereon at the (special)(general) election held on ................... t9 .... ,
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 ......
0fthe County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative Vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
~ further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ....... _1 .... , above.
Clerk of th~unty'legislative body, City, Tow~ ~r V~llag~-erk
or officer designated by local legislative body Ct
October 20, 199q
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
SUFFOLK
COUNI~ OF
~atvhee bUe;dt hrs~dg ~;dt, a~;l; ~oYr tC~e~iefYnatcht~ tehn~ of~rt~egOlioncgall l~a~ laan~ eCxOen~ ah e ri ~ ettho~ll~~L0-~'~ ~//~cOrrect t~all~_proper proceedings
Signature ..~
Laury L.Dowd, Town Attorney
Title
Date:
Southold
October 20, 199ti
- - (3)
IN THE MATTER
OF
A
PUBLIC HEARING
SOUTHOLD TOWN BOARD
OCTOBER 18, 199~
8:02 P.M.
PROPOSED "LOCAL LAW
IN RELATION TO
LANDFILL PERMITS",
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
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: The second public hearing of the evening in on
a proposed "Local Law in Relation to Landfill Permits"-
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 L~th day of October, 199~, a Local Law
entitled, "A Local Law in Relation to Landfill Permits". Notice is
further given that the Town Board of the Town of 5outhold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall,
Main Road, Southold, New York, on the 18th day of October, 1994, at
8:02 P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Landfill Permits" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 1~8 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended to read as follows:
1. Section ~8-[[.A.(2)(c) is hereby amended to read as follows:
(c) The fee for the issuance of a lessee landfill permit shall
be twenty-five dollars ($25.-) such fee as shall be
prescribed by a resolution of the Southold Town Board.
2. Section [[8-[[.A. (3) (c) is hereby amended to read as follows:
(c) The fee for the issuance of a guest landfill permit shall
be twenty-five dollars ($25.) such fee as shall be
prescribed by resolution of the Southold Town Board.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions.
** 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: October 4, 199[[.
pg 2 - PH
Judith T- Terry, Southold Town Clerk." There are affidavits here
attesting to the publication in The Suffolk Times, and The
Traveler-Watchman, and, also, that it has been posted on the Town
Clerk's Bulletin Board. There is not correspondence.
SUPERVISOR WICKHAM: Is there anyone, who would like to address the
Board on this public hearing?
COUNCILMAN TOWNSEND; Tom, I think that perhaps you should
explain why we're removing the dollar figure from this, and saying, such
fee as shall be prescribed by resolution of the Southold Town Board.
TOWN CLERK TERRY: It was done last year.
SUPERVISOR WlCKHAM: Why don't you describe it?
COUNCILMAN TOWNSEND: In this instance, we did reduce it last year,
as Judy points out, down to five dollars, but I think what we want to do
is have flexibility in the ability to set different fees, as the need may
arise, without having to go through hearings like this for each different
ordinance. Right now, every time you want to amend anything you have
to have a hearing on the whole Local Law.
SUPERVISOR WICKHAM: Have you got a copy of the Town Code? The
Town Code is a document about this thick, and what Joe has said is that
every time we want to even adjust a permit fee from one rate to another,
it means we actually have to go through the whole procedure of changing
a section of the Town Code. The protocol for doing that calls for public
hearing, a series of things. This particular resolution would permit us
to make those changes short of changing the Code itself. Mr. Carlin?
FRANK CARLIN: I was away. I wasn't quite on it, but this involves the
changing of the fee on the landfill permits?
SUPERVISOR WICKHAM: Yes, it will involve that, and it, also, involves
changing the procedure, so that instead of changing, every time you want
to make a change it has to go into the Town Code, it enables us to refer
to a schedule of fees, that Town keeps separate from the Code.
FRANK CARLIN; I'm not interested in that. Will this effect the present
fee, that we have now? What is that fee now? Somebody tells me it's
$5.00. I thought it was $15.00. You started with $25.00. What is the
Town dump fee now?
SUPERVISOR WICKHAM: I'll ask the Town Clerk.
TOWN CLERK TERRY: The Town fee right now is $5.00, $5.00 for
residents, $5.00 for a lessee, $5.00 for a guest. However, in 1995 the
Town Board has set a fee of $10.00 for, if you have one vehicle, and it's
$5.00 for the second vehicle. That's the only change they're making.
FRANK CARLIN: You got me confused, because about six months ago
the fee was $25.00.
pg 3 - PH
TOWN CLERK TERRY: That was last year.
FRANK CARLIN: Didn't we drop it down to $15.007
TOWN CLERK TERRY: No, right to $5.00
FRANK CARLIN: I thought it went to $15.00. How did you do that?
TOWN CLERK TERRY: That's because you're buying bags.
SUPERVISOR WICKHAM: Is there anyone else who would like to address
the Board on this matter? (No response.) Hearing none, Ifil close this
public hearing.
Southold Town Clerk
COUNTY OF SUFFOLK
STATE OF NEW YORK
LEGA£'NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE [S
HEREBY GFVEN zha~ there
has been presented to the Town
Board of the Town of Sou[hold,
Suffolk CormW. New York, on
the 4th day of October, 1994, a
Local Law enfided, "A Local
Law in Relation to' Landfill
Permits.'!
NOTICE IS ~URTHER'
GIVEN that the Town .Board
of the Town of Sguthold will
:hold a public bearing on the
'!aforesaid Local Law at the
Southold Town Hall, Main
Road, Sou[hold, New yoi:k, on
the 18th day of October,
1994, at 8:02 P.M., at r~hi~h
time all interested p~rsons will
be heard.
~: ;,This pro~Ssed '~l Law
J[ii~ Re'lation to LandfiH Per-
mits"reads as follows:
B~ IT, ENACTED, §y the
Town Board o~' the Town of
Sou[hold as follows:
I. Chapter.48 (Garbage,
'Rfibb'ish and Refuse) of the
C~de of the Fown ofSouthold i
is hereb.~ amended to read as
foUows:
I. Section 48-4.A,T)tcj is
'.he[eby ~!-meaded to i'eadas fol-
lows:
(c'~ The fee for the issuance
,fa lessee hm4fill permit ~hal[
such fee ru shall be prescribed
b~ ~ resolution of the Sotahold
lou n Board.
2. Section 484.AZ3] is
~']iergbv amen~l~d to read as fbi-:
Ora ~_-mest h'mdfill eermit shall
~ such fe~ as'shall be prescribed
by rasoluttofi of the Southold
. T-owh Board.
· :.H. ~his. Local Lass' shall
-:take effect Opon its filing with
the Secretary of Stare.
dinons
.... · *Dverstrikd represents de-
; l~on~ .....
::7 ?,' Copies o~-:rhis Local, Law
are:a~ailable in the office of
:. [h~ Town eJ¢~k to.i/ny,inter-
'.-' ested persons during bumnass
i'h°Urs" ' .... :
} 'Dated Oc~6~e~ 4, t994.
J[JDITH Tm TERRY
[' ' ' SOUTHbLD TOTM
' . .. 'CLERK
~ · : _ ~ 1X-I0/13/94(4)
Patricia Wood, being duly sworn,
says Lhat she is the Editor, of the
TRAVELER-WATCHMAN, a public
newspaper prin~ed at Southold, in
Suffolk County; and that the notice
of which ~he annexed is R printed
copy, has been published in s~id
mraveler-WaLchman once each week
for / .weeks
success'.~ely, commencing on the
.... 1~ ~...~
Swor~ to before me on this
.... /.3.?.day of
............ ...........
Notary Public
BARBARA Am $CHNEII)ER
NOTARY PUBLIC, State of New York
No. ~.80~46
Qua/ified in Sui[01k County
NOTICE OF pUBLIC BEARING
: ON LOCAL LAW
pUBLIC NOTICE ].S ~EREBY
GIVEN that there ha~ been presented
to the Town Board of the Town of
South0ld. Suffolk County, New Yor~
on tha 4th day of October. 1994, a
Local Law entitled. "A Local Law in
Relati6n to LandHIl permits",
NOTICE IS FURTHE~ GIVEN
that the Town Board of the TorCh of
Southold will hold a public hearing
on th¢~aforesaid Local L~w at thE: '"
;' ' $outhoid Town Hall Main Road,
? Soulh~ld. N~W York. o~the lgtl~ day "
· of October, t994~ at $:02 p_I~L, at ,
~i which ~e all interested ~er~o~s Will
·: This proposed "Local Law in
~ ~ IT ENACTED, by the Town ~.o. ard
~ld Town Board_.
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK )
of Mattltuck,
in ~mld Couuly, being duly sworn, ~ay~ that he/de is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Mattituck, in the Town of
Southold, CounW of Suffolk and State of New York,
and that the Notice of which the annexed is a
printed copy, haz been regularly published In said
Newspaper once each week ~ weeks
on the __ day or
CHRISTINA VOLINSK[
Notar~ Public, State of New Yeti[ Principal Clerk
No. 500.4884
Guaiifled in Suffolk County ~-~/
Commission E,~ire~a Hovem~ber 23,
No~ Pubic
Sworn to before me ~hls
day of 19__