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HomeMy WebLinkAboutLL 2007 #17 . . * STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 ELIOT SPITZER GOVERNOR LORRAlNEA CoRTES-VAzQUEZ _ARVOFSTATE August 23, 2007 RECEIVED Lynda M Bohn Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law No. 16,@18 & 19, of 2007, filed on August16,2007 AUG 2 7 2007 Southard Town Clerk Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.nv.us/coro.misc.html. . Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 . ., ., .' WWW.D08.8TATE.NY.U8 E-MAIL: INFOCllD.l:!.I1.8TATE.NY.U8 . . SOUTHOLD TOWN BOARD PUBLIC HEARING July 17, 2007 4:40 PM COUNCILMAN WICKHAM: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of June, 2007 a Local Law entitled "A Local Law in relation to One-Day Nonresident Parkin!! Permits" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southo1d, New York, on the 17th day of July, 2007 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!! Permits" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!! Permits". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. 11. Chapter 189 ofthe Parking Code of the Town of South old is hereby amended as follows: 9189-3(0). One-day nonresident permits. (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or bv the Town Clerk.and also silall be sold in books of 50 llermits to tile 1'lrollrietofG of the followillg recreatiollal bllsillesses: bike rentals. kayak relltals and Hsilillg statiolls. Ill. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the Non-resident Parking aits Public Hearing . 2 validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. That is the only significant part of this proposed law, it has appeared as a legal in the local newspaper, it has appeared on the Town Clerk's bulletin board outside and I have no further communications on this proposed law. SUPERVISOR RUSSELL: Ijust want to make one clarification. This will not affect the sale of the passes that are sold to B & B's and Inns. They are still eligible to buy those, that is a separate part of the code. So that if you have a four room B & B, you can still buy those four passes to give to your clients. This is to clear up, I think there is a misunderstanding when someone goes and gets a day pass from the bait shop, they think they can go to any Town beach in Southold and that is not the case. The idea here is to say here is look, you can buy them from the three beaches that you are allowed to use them and that is it. I mean, it is a resource that we have to manage. It is getting a huge amount of pressure on our beaches and our road ends. Would anybody like to come up and address the Town Board on this issue? Mr. McGreevy? RON MCGREEVY: Yes, Scott. Members of the Town Board. There is a big problem on the beaches with, I don't know whether it is day passes or residents. People go on these beaches, especially where I am from Bailie Beach Road all the way to Duck Pond. All the junk they bring, they leave and go home. They not only leave it there, they smash beer bottles all over the place. In front of my house now is loaded with broken beer bottles and a fire they had late at night. Last year on my bluff, I took off 24 bottles of Corona beer, most of them smashed that were thrown up there. It is not only in front of my property, it is all the properties there. They park illegally on Bailies Beach and they walk tremendous distances. And then on Soundview Avenue known locally as the Firing range. Due to erosion it is very easy to walk down from there. They park there and go down there and my only concern is, how can we stop this? They are really destroying the beaches. The worst culprit is water bottles. I went down there, I took a little survey, 50 percent were water bottles, maybe 25 percent were coffee cups and 25 percent were beer bottles. I think something has to be done. Maybe when they get these passes we can use photo id's. Because I have noticed if! take pictures of people and they know I am taking pictures of them, they leave and there is nothing on the beach. Whether it is from my taking a picture of them, not in front of them but from a distance. But just to let them know. I have pictures home that show all this junk and the people that do it. Something has to be done about this. SUPERVISOR RUSSELL: We meet regularly to address this. It is definitely a growing issue. It is getting out of hand. One of the, there is no silver bullet here, we need to take several initiatives. One of them is what we are trying to accomplish tonight, which is to Non-resident Parking Aits Public Hearing . 3 at least just to get an understanding that if you just because you get a pass from the bait shop doesn't mean you can go wherever you want and fish wherever you want. MR. MCGREEVY: Right. SUPERVISOR RUSSELL: We are trying to take it a step at a time but we have even talked about having attendants at these beaches. Of course, a lot of this damage is done at night. MR. MCGREEVY: Most of it is done at night and I see we have forward policing of the Sound, police boats always pulling up alongside boats. Maybe we need some sort of patrols on the beaches. SUPERVISOR RUSSELL: We have talked about this, I have discussed this with the Lieutenants and the police Chief and the Captain. Pete Harris has been very helpful. We are all hands on deck, we are trying to solve the issue the best as we can. MR. MCGREEVY: Very good. SUPERVISOR RUSSELL: We even talked about remote cameras. MR. MCGREEVY: That might be a good idea. SUPERVISOR RUSSELL: Without sounding like George Orwell, we even thought of that as a possibility. MR. MCGREEVY: Alright. Thank you very much. SUPERVISOR RUSSELL: Thank you. CHARLES BANK: Good afternoon, Charles Bank, Cutchogue. The area that I am saying the same issue, the area that we are concerned about is by the Santorini Motel. The fishermen come from Brooklyn and Queens mostly. What has happened is, it is the reverse thing that has happened. They have taken over our beaches. They arrive at 5:00 in the morning. You know, a lot of towns have that you can't go on the beaches between say 10:00 PM to 7:00 AM. They come at 5:00 in the morning, make a hell of a lot of noise, leave a lot of garbage and parking, they are getting the permits at the bait shop. I think what we need to do is change the signage there. Right now it says 'By Southold Town permit' They believe that they are getting a Southold Town permit at the bait shops. I think it should be resident parking only. SUPERVISOR RUSSELL: We are going to do that. We are actually changing the signage there and actually we have been out writing tickets. We just wrote, I think, 17 tickets last weekend because of that erroneous presumption. MR. BANK: I was part of that stake out. Non-resident Parking P.its Public Hearing . 4 SUPERVISOR RUSSELL: I was on that beach moving people. So we are getting there. MR. BANK: For me personally to call the police at 5:30 every Saturday and Sunday, they come right away. I don't like them walking down my stairs to go and tell these gentlemen to either leave or to stop making the noise and to take their garbage with me because I am afraid that when the policeman leaves and one of them will come up those stairs and bum my house down. You know, one day something like that will happen because they seem to find this particular area, I don't see them catching any fish as well. I think where the pollution that they are bringing is, I don't, you know, I haven't been able to go down with my son who is 13. I have four fishing rods, brand new, they have still got the tags on them because it no use going down there, they have completely taken over the beach. SUPERVISOR RUSSELL: What we can regulate is parking etc. If someone is fishing at the high water mark, I can't relocate them by state... MR. BANK: What I suggest is on a Saturday or a Sunday you have a police car, an officer there say between 5:00 in the morning and 7:00 in the morning. I think that will do the trick. SUPERVISOR RUSSELL: Yeah. I have actually asked the police to make sure that they pay regular attention, get out of their car and walk the beach as well. I actually had to go out there a few weeks ago and move people after the police had already left because dozens of people along that, pitching tents right next to the bulkheading. I actually went out there and relocated people and had the police come and back me up. I know it is a problem, we are addressing it as quickly as we can. I think one of the things we need to do is restrict where you can buy these passes, so that there is no more misunderstanding of whether they can park there or not. TOWN CLERK NEVILLE: Excuse me, Charles. Can you please spell your last name? MR. BANK: BAN K. TOWN CLERK NEVILLE: Thank you. COUNCILMAN WICKHAM: And where is your location? MR. BANK: My house is actually on Duck, actually on the point. It is the old trapper house, I don't know if you know the... SUPERVISOR RUSSELL: Murray's. MR. BANK: Yeah. Murray's house. I bought that house. It is a beautiful spot. All I do on weekends, I haven't been down on the beach sitting down having a picnic on the beach for five years now. The only time I go down there is to pick up garbage. Non-resident Parking P.its Public Hearing . 5 SUPERVISOR RUSSELL: Okay. Thank you. JOANNE BRYAN: Hi, my name is Joanne Bryan. I live in the same area. And I would just like to say because I am not absolutely sure, with the Southold Town beach I am aware but Norman Klipp Marine park and the New Suffolk beach, they have bathroom facilities I assume. Is that correct? SUPERVISOR RUSSELL: No. MS. BRYAN: Okay. I would just like to say, we are facing where I live, the situation that the people that think they have a pass to the town beach and come and spend the day, there is no bathroom facility. That is a big, big problem. We are finding baby diapers, we are seeing, this gentlemen actually has photographs, of people urinating and other things on the beach. And if you are giving passes to people to use the beach who don't live in the community, I am not opposed to that, okay? I feel beaches should be used by pretty much everybody. God put them here, we should all have a chance. However, I think that we should address the situation of some kind of a facility, temporary, port-a- potties or something because we have a major, major issue up where I live. I know that the fellow that just spoke before me knows that this is an issue, am I right and other people in my neighborhood are faced with the same thing. We have raised our children in this area, we have lived here for 30 years. When our children come home to use the beach, they are appalled at the situation and when you have young people 30, 35, 36 saying 'what has happened to the beach, Mom?' The problem is really something that has to be addressed pretty, pretty quickly. I think you should think about that, with these passes. SUPERVISOR RUSSELL: Thank you very much. It is a good point. MS. BRYAN: You are welcome. COUNCILMAN KRUPSKI: Aren't we looking into putting in an attendant down there also? SUPERVISOR RUSSELL: We had talked about the possibility of putting an attendant down there, my problem is, a lot of the problems happen pre-attendant usual time and post-attendant usual time. So I think we have to bring about a handful of options to really thoroughly address the issue. Lauren, I am sorry. LAUREN GRANT: That is okay. I am Lauren Grant and I am president of the New Suffolk civic association and I represent the community of New Suffolk with concerns. We have a bathroom, it is not used. people urinate and defecate on our beach. We have problems with people coming to the beach, walking. They park their cars all over the place, we have had this conversation before, I have spoken to the Board about it. The problem has gotten worse and worse. We now have people coming into our road end beaches and leaving their paraphernalia; they leave beach umbrellas, kayaks, beach chairs, bath towels, anything they want and it is now piling up on all of the road end Non-resident Parking aits Public Hearing . 6 beaches. There is no way that the residents of New Suffolk now can use their beaches. People walk to the beach, they don't need a pass. They don't care about. They come at 8:00 in the morning and they leave at 7:00 at night before the attendants get there and after the attendants leave. They just have a grand old time and we have no access to our beach anymore. I would recommend that the Town Board consider raising the price of the beach passes, considerably. In Southampton, they are $30. Twelve dollars is a drop in the bucket. And maybe that will help a little bit but not for those people who are walking to the beaches. I know that there are signs going in but the signs, people don't pay any attention. We have signs at all the ends, the foot of all our road ends for Third Street, Fourth Street, Fifth Street beaches. People disregard them, they come and they park and not many of them are getting tickets. So they just come any time they want. So it is an out of control situation. We would like something done quickly. SUPERVISOR RUSSELL: I can appreciate that. MS. GRANT: Thank you. SUPERVISOR RUSSELL: Thank you, Lauren. PAULETT A BROOKS: Hi, everybody, my name is Pauletta Brooks, I am from Cutchogue and I would like to reiterate what the previous speakers have said. And to concur with Lauren Grant's statement that I think that the Board needs to consider options further than just changing the road signs and limiting where the permits are sold. I will agree that many of these out of towners and I have to say out of towners because I have gone down to the beach and just informally spoken to these people and find out where they are from and they are from all over. They come and they walk from various places, sometimes where their cars are legally parked, sometimes not. I just wanted to show you these pictures to also raise another issue that it is beyond just the dirt and the noise, it is a safety issue as well. Where I live, which is near the Duck Pond Road entrance. There is a large rock, it is perfect for fishing and the fisherman come and go out into the water, settle on the rock and then they suspend a long rope to the beach so that their friends and other fisherman can use the rope as a lead line to get out to the rock and I have witnessed this and many of these people cannot swim. (Inaudible) and you can get an idea of what a normal Sunday morning looks like. I think the Town, in its enthusiasm to encourage people to use the beach is not balancing the necessity of maintenance and this is, as I say, beyond the maintenance of the dirt, the garbage, the diapers, the bottles, I have found needles that were at my beachfront. The beach now where we are is extremely small. There used to be a big beach, now there is very little beach. At high tide it pretty much hits our bulkhead which would mean that the fisherman have use to pretty much be on our bulkhead if they have the right to be at the high tide mark, so that as well is a problem. The maintenance has to be not just an attendee sitting at the parking area where the cars are parked and they are making sure that they are you know, there with a permit, the maintenance issue has to be someone actually walking down to where they fish or viewing it from the water and making sure that there is safety, that there is cleanliness. I would propose yes, limit where the permits are sold. Increase the price considerably of what the permit price is and take an imprint Non-resident Parking Ptlits Public Hearing . 7 of their license, the person, you know, who is using the beach. Give them a town bag that they can dispose of their garbage properly and then have an attendee walk the beach, not just sit at the parking spot. And then as well, maybe on a monthly or a bi-weekly basis, have somebody, a volunteer, Boy Scouts whoever, the Town should be able to pay for this if they are going to do this, allow people to use the beach, they should pay for somebody to come, walk the beach and clean up. In other words, maintain what you have given access to. SUPERVISOR RUSSELL: I agree with you. Ijust want to clarify one thing. We are not just limiting where the beach passes can be sold, they are only allowed to be used at three beaches. Duck Pond will not be one of them. They just simply are not supposed to be there. MS. BROOKS: I think that is great. I mean, this is a great first step. But my point here is to say that this is somewhat of a band-aid on a bigger, gaping wound and you have to follow up on all the, I think it is what? 92 beach access areas? SUPERVISOR RUSSELL: That is a fair point. Yeah, you are exactly right. Thank you. COUNCILMAN KRUPSKI: That is just another example of a limited town resource being stretched very thin... UNIDENTIFIED: Inaudible LINDA GOLDSMITH: Linda Goldsmith from East Marion. I just have a question regarding end of road beaches, where there is a guard rail for example, there is many of them, they are all over the place. And at low tide, there is a beach. At high tide, there is no beach but at low tide there is a beach and they are used. The signs say 'no parking- resident parking only' How far back does that pertain to? SUPERVISOR RUSSELL: It is specified in the code by linear feet and I think it varies depending on which road end. TOWN ATTORNEY FINNEGAN: It depends on which road end it is. MS. GOLDSMITH: Okay. Because usually you can, usually 20 feet from the guardrail. If you go 20 feet and go back further, there is many, many cars. And I am just wondering, you know.. . SUPERVISOR RUSSELL: That is exactly the problem, we ended up, we started enforcing the issue down at Duck Pond and people just parked farther away from the road end and so I talked to Pat about bringing clarity to that for the police department and for us, so that the cars don't just park 30 feet farther from the beaches, which is what they are doing essentially right now. MS. GOLDSMITH: So how would, does the police department know what the.... Non-resident Parking P.its Public Hearing . 8 SUPERVISOR RUSSELL: We are going to go over all of that. TOWN ATTORNEY FINNEGAN: Which one are you talking about? MS. GOLDSMITH: Well, there are several. There is one on the end of Bay Avenue in East Marion. There is one in Southold, there is one at the end of Shipyard Lane in East Marion and the one actually at the end of Bay A venue has a quasi parking lot which is really nice but you know, I couldn't get down to that beach if I wanted to. And I just wondered what it is and maybe you could standardize it so that everyone knows that you must you know, no parking from here, you know, to the end of the road. Maybe that would do it. SUPERVISOR RUSSELL: Good suggestion. MS. GOLDSMITH: You know, no parking from here to the end of the road. Because actually I went down to the end of Bay Avenue and at low tide you can walk on the beach. At high tide, you cannot and it was low tide and I wanted to take a walk and there were a whole lot of cars and none of them had New York license plates. So I just wondered ifit could be standardized? SUPERVISOR RUSSELL: That is a very good point, Linda, thank you. MS. GOLDSMITH: Thank you. SUPERVISOR RUSSELL: I really thought you guys were here for the shellfish code. No, just kidding. Doris? DORIS MCGREEVY: Doris McGreevy from Mattituck. I would like to address the issue but not beat it any further. The point, I think, was very well said by a lot of people. That this is a good start and this law is, it doesn't have enough teeth, really. When we are talking about preservation of the beach, sometimes I wish we would think about it even in terms of what we have been doing for the last hour. The last hour we have been looking up and saying the towers, the wind energy and so forth and then we are saying, look down. It is just as important to us, to consider the beach and when we do this, I think if we could regulate it with such thought as I have seen in the past hour with the other regulations, I think it would be more meaningful. The only thing I would like to add is if you are considering raising the cost of the beach passes, please include that for monitoring the beach, maybe buying a vehicle for the Town where, you know, you can't be everywhere. It is very difficult to walk all the beaches. So perhaps some kind of quad or something that is adaptable to the beach environment without destroying it, of course but to monitor the beach. I think that is really where we are going. It is not going to get better unless we all make it better and as I said, this is a very good beginning but it certainly need more teeth and concentration on this area. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Non-resident Parking ptits Public Hearing . 9 RICH GLADD: Hi, Rich Glad, Cutchogue. First of all, I just want to say we have seen a remarkable difference but of course, we don't want it to revert backwards. It has been a big change. I want to make you aware, we just found out, through Mrs. Banks actually, that the owner of Santorini are charging $20 for vehicles to park in his parking lot, I don't know if you were aware of that one... SUPERVISOR RUSSELL: I am not. Lovely. MR. GLADD: That is what is going on now. And I went down there, I think it was 4th of July night and I see all these trucks down there with county recreational stickers on them, like after 10:00 at night. That doesn't count, does it? SUPERVISOR RUSSELL: County? MR. GLADD: Those state and park permits. Those big things you see on... SUPERVISOR RUSSELL: No, they have no bearing on town beaches. MR. GLADD: Yeah, I didn't think so. But what are you going to say, you know? It is dark... SUPERVISOR RUSSELL: I did try to get... MR. GLADD: You know, miners lights on their heads... SUPERVISOR RUSSELL: I did try to get commitment from the police department. I did try to get commitments and assurances from the police department that they would pick up the patrols there and you know that when you call me, I show up and do it, so I know it is a problem. MR. GLADD: I know it is a problem. Everybody has been great so far, so thank you very much. NANCY V ANGEY: What I want to report is my (inaudible) by my stairs. MR. GLADD: Yes, she had vandalism. She put a gate and they broke metal off of the lock and she has all railings under the flats, they smashed them in. And we know who it is, we don't have pictures, just from calling the police, you know. SUPERVISOR RUSSELL: Santorini's, I think we can probably address that, right? I don't think that is a permitted use. An accessory, I will call Santorini's. I am not sure what. Accessory uses, okay. I mean, I will have to look at the town code on that but I will certainly try to stop it as best I can. MR. GLADD: Ifhe wants to do that and keep the people behind his... Non-resident Parking P.its Public Hearing . 10 SUPERVISOR RUSSELL: Yeah, let them go on his beach. MR. GLADD: Yeah, stay there. But you know, actually they are going behind the Banks house and behind us. SUPERVISOR RUSSELL: I will address that. MR. GLADD: Okay, thank you. SUPERVISOR RUSSELL: Okay, folks. Would anybody else like to comment on the hearing? CAROLYN LUBANSKI: My name is Carolyn Lubanski and I live in Cutchogue also in the area that we have just been talking about. And again, not to beat a dead horse but one of the other problems that we have had on Vista Place, during the hours that they do not park down by the end of the road, they have been parking in front of the private homes on Vista Place. Cleaning their fish, cleaning their cars and of course, dumping the garbage out on the lawns in front of the homes that they have been parked in front of. So we think that this is going to be another issue; if they are not parking down there. We have been watching it, we have been taking down license plates to see if it is the same people all the time but we have noticed, again, some of the private homes have lights that come on, motion lights, they know that there are motion lights. So they park there so they can clean their fish, they can clean out their trunks, they can clean out their ash trays, what have you. So we have found that this is going to be or we notice this is another problem that may start with that area. I just want to bring that to your attention because that might be another issue we will be coming down here for. Thank you. SUPERVISOR RUSSELL: Sure. Thank you. Would anybody else like to address the Town Board? (No response) Can I get a motion to close? * * * * * r61d;....brlQ Y2 .,;;#-. ~~evill~~ Southold Town Clerk . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . Town Hall, 53095 Main Road P.O. Box Il79 Southold, New York Il971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 July 27, 2007 RE: Local Law Number 15 & 17 of 2007 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 15 & 17 of 2007 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Enclosures cc: Town Attorney Very truly yours, ~~\rill- Lynda M Bohn Southold Deputy Town Clerk . . . . NEW YORK STATE OEPARTMENTOFSTATE Local Law Filing 41 STATE STREET, 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. C €HlRt) ~ Town of '.Tillage SOUTHOLD LOCAL LAW NO, 17 of 2007 A Local Law entitled, "A Local Law in relation to One-Day Nonresident Parking Permits". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: I. Purpose - To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town, II. Chapter 189 of the Parking Code of the Town of Southold is hereby amended as follows: S 189-3(D). One-day nonresident permits. (I) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or by the Town Clerk. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV, EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed, attach pages the same size as this sheet, and number each.) OOS-239(Rev.ll/99) 1 . . (Complete the certification in the paragraph that applies to the liIing 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. 17 of20..!!7....--: of the (CB"n~ )(01) )(Town) ('.'iIlag@) of SOUTHOLD was duly passed by the TOWN BOARD on Julv 17 , 20 07 ,in accordance with the applicable provisions oflaw. 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. ofthe (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions of law. of20 was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(ViIlage) of was duly passed by the on 20_, and was (approved)(not approvedXrepassed after disapproval) by the on 20. Such local law was submitted 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 20_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was liIed requesting referend urn.) I hereby certify that the local law annexed hereto, designated as local law No. (County)( City )(T own )(Vi llage) of 20 of the of was duly passed by the on 20, and was (approvedXnot approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20_ , 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 ofthe county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 2 . . . 5. (City local law concerning Charter revision proposed hy petition.) I hereby certifY that the local law annexed hereto, designated as local law No. of 20 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 ml!iority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 _, 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 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a ml!iority of the qualified electors of the cities 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 that the same is a correct transcripttherefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Clerk ofth nty legislative body. City. Town or Villa@: Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: July 25, 2007 (Certification to he 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 have been had or taken for the enactment of the local law an x tains the correct text a hereto. Si alure Patricia A. Finnegan, Esq., To n mey Kieran Corcoran. ESQ.. ASSI nt Town Attornev Title CaHill) ~ Town of "illag@ Date: SOUTHOLD July 25, 2007 3 , , . Southold Town Board - Letter . LL Board Meeting of July 17, 2007 RESOLUTION 2007-637 ADOPTED Item # 32 DOC ID: 3056 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-637 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of June, 2007 a Local Law entitled "A Local Law in relation to One-Day Nonresident Parkin!!: Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!!: Permits" reads as follows: LOCAL LAW NO. 17 of 2007 A Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!!: Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: IV. Purpose - To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. V. follows: Chapter 189 of the Parking Code of the Town of Southold is hereby amended as 9189-3(D). One-day nonresident permits. (I) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or bv the Town Clerk. llIla also shall be sola iH books of 50 13ermits to the 13ro13rietors of the follov..iHg recreational bllsinesses: bike rentals. kayak rentals aHa fishiHl!: statioHs. VI. SEVERABILITY Generated July 18,2007 Page 68 Southold Town Board - Ll:r Bid Meeting of July 17,2007 , ( If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. VII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ~~~.IJ.' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Scott Russell SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated July 18, 2007 Page 69 : I . Southold Town Board - Letter . . Board Meetmg of July 17, 2007 RESOLUTION 2007-639 ADOPTED Item # 21 DOC 10: 3065 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-639 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: RESOLVED that the Town Board of the Town of Southold hereby determines that the street improvements to Rvder Farm Lane and Park View Lane is a Tvpe II Action pursuant to SEORA Rules and Reeulations. and no review is required. ~Q ;,~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated July 18, 2007 Page 73 Southold Town Board - L.r B.d Meeting of ~7, 2007 RESOLUTION 2007-634 Item # 29 ADOPTED DOC ID: 3051 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-634 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17, 2007: RESOLVED that the Town Board of the Town of South old finds that the adoption ofthe local law entitled "A Local Law in relation to One-Dav Nonresident Parkinl!: Permits" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!:ulations, 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. a;...t~Q iP... Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated July 18,2007 Page 62 #8429 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK 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 regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 28th day of June. 2007. (1C'~J~cC1g Principal Clerk day of ~ . C},J~L'ihfih1 NOTARY PUBLIC-STATE OF NEW YORK No. O'_I/06\O~O&O Qualified In suMik cou~: 2008 commission expire!! ~ebfua'y I Sworn to before me this 2007 aC1 ,r LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEaEAS, there has been pre- sented to the Town Board of the Town of Southold, Suffolk COUnty, New York, on the 19th day of June, 2007 a Loeat Law entitled "A Local Law in relation to ODe.DR" Nbnresident PInk'.. Pe.... ~ now, therefore, hi!: it RESOLVED that the Town Board of the Town of Southold will hold- a pub- lic hearing on the aforesaid Local Law at tbe Southold Town Hall, 53095 Main Road, Southold, New York. on the 17th cby of Jwly, 2007 at 4;48 p.ol. at" which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A 1.oC81 Law in relllfion to One-DR" Nonresident Parkin. Penults" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A 1.oC81. law iB relation to ODe_Day Nonresident Parlin.. Perml15". BE IT ENACTED by the Town Board of the Town of Southold as fol- lows: I. PuipOse - To restrict the sale of parkirig permits at beaches to be avail- able from the Town Clerk and the Town beacb attendants only, in order to pro- vide fot better control of issuance of permits and to alleviate congestion in certain parking areas of Town. n. Chapter 189 of the Parking Code of the Town of Southold is hereby amended as follows: U89-3(D). One-day nonresident pennits. (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at South- old Town Beach, Norman E. Klipp Ma- rine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or hv the Town c:Jerk and: .:.1.l6 .>l.~ll ee.. .>c.ld :.\. h~6l...> ~f sa yvu..;t, lv ll.... y.vyJktolJ of thG fo1l3..id!, lU .v..l;........l h...,;..v..."..... htLv .v..l-"l::., l....}dl.. L.;,.a.bl~ J..\..:I h~h;u& ..l..l;v..~ m. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. DL EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: June 19,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8429-1 T 6(18 . . LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of June, 2007 a Local Law entitled "A Local Law in relation to One-Day Nonresident Parkin!!: Permits" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 17th day of July, 2007 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!!: Permits" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!!: Permits". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. II. Chapter 189 of the Parking Code of the Town of South old is hereby amended as follows: S I 89-3(D). One-day nonresident permits. (I) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or bv the Town Clerk. and also shall be seld in beeks of 50 ell_its to the efOerilltors ofthe followin", recreational bllsinesses: bike reffials. kWlak reffials and fishing stations. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE -1- . . This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: June 19,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 27, 2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Attorney Town Clerk's Bulletin Board Town Board Members Police Dept -2- . . . STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the q day of ,2007, she affixed a notice of which the annexed printed notice is a true co y, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH LL for Non-Resident Daily Parking Permits-7/17/07 4:40 pm Elizabeth A. Neville Southold Town Clerk LYNDA M. BOHN NOTARY PUBLIC. Slate of New York No. 01 B06020932 Qualified in Suffolk Coun!X Term Expires March 8, 20.u... . Southold Town Board - Letter . /1 ;(L Board Meeti!;of June 19,2007 RESOLUTION 2007-564 ADOPTED Item # 31 DOC ID: 2989 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-564 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 19,2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of June, 2007 a Local Law entitled "A Local Law in relation to One-Day Nonresident Parkin!!: Permits" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 17th day of July, 2007 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!!: Permits" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!!: Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. II. follows: Chapter 189 of the Parking Code of the Town of South old is hereby amended as S I 89-3(D). One-day nonresident permits. Generated July 2, 2007 Page 43 Sauthald Tawn Baard - Ltlr Bid Meeting af June 19, 2007 (1) One-day nanresident parking permits may be issued far the parking af vehicles an the parking areas at Sauthald Tawn Beach, Narman E. Klipp Marine Park and New Suffalk Beach ta any persan, by the attendant an duty at such parking areas, ar bv the Tawn Clerk.Bfld a1se shall Be seM in books of 59 flefffiits to the flfearieters afthe fallo'mal/: recreatisaal blisillesses: bike reRtals, kavak reRtals and fishing stations. III. SEVERABILITY If any clause, sentence, paragraph, sectian, ar part afthis Lacal Law shall be adjudged by any caurt af campetent jurisdictian ta be invalid, the judgment shall nat affect the validity af this law as a whale ar any part thereaf ather than the part sa decided ta be uncanstitutianal ar invalid. IV. EFFECTIVE DATE This Lacal Law shall take effect immediately upan filing with the Secretary af State as provided bylaw. ~~~.". Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated July 2, 2007 Page 44