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HomeMy WebLinkAboutLL 2009 #12DAVID A. PATERSON GOVERNOR · ~ ,~ STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTES-VAZQUEZ SECRETARY O~ STATE October 20, 2009 Lynda M Rudder Deputy town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEI~'ED OCT 2 6 2009 Southold Town Clerk RE: Town of Southold, Local Law 12. 2009, filed on October 19, 2009 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 out website, www.dos.state.ny, us. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 rm · Complete items 1, 2, and 3. AJso complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveres so that we can return the card to you. · Attach this card to the back of the mailpiece, or o;1 the f~ont ~f space permits. 1. Article Addressed to X r'l A~lt Received by (Printed Name) C. Date of Delivery D. Is deflvay address different from item 17 [] Yes If YES, enter delivery address below: FI No 3. Service Type [~Certifled Mail [] Registered [] Insured Mall 2. Article Numbe~ (Transfer from service label) , PS Form 3811, February 2004 i'-I F-~pres~ Mall [] Retum Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) I-I Ye~ 7009 0820 0001 7820 7375 ~,~[;c Return Receipt 10259~4a,1540 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 16, 2009 CERTIFIED MAIL Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 Local Law No. 12 of 2009 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 No. 12 of 2009 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 Very truly yours, ~ Lynda M Rudder Deputy Town Clerk cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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. [] County [] City [] Town of SOUTItOLD [] Village Local Law No. 12 of the year 2009. A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street, Greenport". Be it enacted the Town Board of the: r~ County [] City [] Town of [] Village SOUTHOLD Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Champlin Place South In Greenport, on the South sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv.05/05) 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 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. 2 (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. 12 of 20 09 . of the (C~::n:y;(C~.%';(Town) (\q~zg:) of SOUTHOLD was duly passed by the TOWN BOARD on October 6 ,20 09 · in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20__ 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 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (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 filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)_ of was duly passed by the on 20 __ , and was (approved)(not 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, lfthere 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 or ordinances. 3 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 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 ora majority 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 ora majority 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 transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 ., above. (Seal) Clerk-of-thg~12ounty legislhtiv~ I~ody. City. T~wn~r Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: October 13, 2009 (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 1, 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 taw anne~~ Signatl~,,/ Martin D. Finnegan, Town Attorney Jennifer Andaloro, Esq., Assistant Town Attorney Title Town of SOUTItOLD Date: October 13, 2009 4 SOUTHOLD TOWN BOARD PUBLIC HEARING September 8, 2009 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened at 7:59 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, them has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport" and NOTICE IS HEREBY 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, 53095 Main Road, Southold, New York, on the 8th day of September, 2009 at 7:32 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 No Parking Area on Champlin Place and Main Street~ Greenport" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose- In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Gmenport. No Parking Champlin Place Public Hearing 2 September 8, 2009 II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Champlin Place Both In Greenport, on both sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. 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. I have a notice that this has appeared as a legal in the Suffolk Times newspaper, it has appeared on the Town Clerk's bulletin board outside and I have no further documentation in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? COUNCILMAN WICKHAM: We do have a map for those people who are interested in it, showing the no parking area? SUPERVISOR RUSSELL: Nobody wants to comment on this issue? Any Town Board comments? COUNCILMAN KRUPSKI: I don't know what our plans are, I am not familiar with the area and I kind of wanted to hear input as to why this, this isn't an initiative of this Town Board. I wanted to hear comments to see what we were going to vote on or enact. So I would like to take a look at it. I would rather not vote this evening and take a look at it. I was hoping for comments and then you can go and look and say, well the fence is there No Parking Champlin Place Public Heating 3 September 8, 2009 and the driveway is there and the tree is blocking this or something that would make you looking at why we are undertaking this. SUPERVISOR RUSSELL: What I would recommend is that since there is no public interest in this particular issue, that we should close the hearing tonight and we can hold the vote for two weeks. That will give Albert and others time to sit with the Transportation Commission, who has forwarded this recommendation to us. COUNCILMAN KRUPSKI: Yeah, I would like to, some reason behind it. This hearing was closed at 8:02 PM ~eville Southold Town Clerk ChamPlin Place, Greenport, New York Scale 1"= 100' Southold Town Board - Letter Board Meeting of October 6, 2009 RESOLUTION 2009-761 ADOPTED Item # 5.3 DOC ID: 5277 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-761 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August, 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Streeh Greenport" 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 Boar of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport" reads as follows: LOCAL LAW NO. 12 of 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Generated October 13, 2009 Page 8 Southold Town Board - Letter Board Meeting of October 6, 2009 Name of Street Side Champlin Place South Location In Greenport, on the ..... South sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED AS AMENDED [4 TO 2] MOVER: William Ruland, Councilman SECONDER: louisa P. Evans, Justice AYES: Vincent Orlando, Thomas H. Wickham, Louisa P. Evans, Scott Russell NAYS: William Rulancl, Albert Krupski Jr. Generated October 13, 2009 Page 9 Southold Town Board - Letter ~b~ 22 2009 Board Meeting of Septem er , RESOLUTION 2009-7611 ADOPTED Item # 5.5 DOC ID: 5321 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-7611 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22, 2009: RESOLVED that the Town Board of the Town of Southold hereby re-opens the public hearing on "A Local Law in relation to No Parking on Champlain Place and Main Street~ Greenport" in order to incorporate the comments into the record made at today's Town Board meeting on September 22, 2009. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, 3ustice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski .lr., Wickham, Evans, Russell Generated September 28, 2009 Page 81 #9425 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 20th day of Au.qust, 2009. ~/~'/~/ ~.---'~"--""~' Principal Clerk Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN, there bas baen presented to the Town Board of the Town of Southold; Suffolk County, New York, on the llth day of August 2009, a Local Law entitled "A Loeal Law ia relation to No Park- ~m Area on ~ Place and Main LOCAL LAW '§ 260-8. Parking pmlfibtled at a~ The parking of vehicles is hereby pro- of SIreet f~ m. SEVERABILITY if any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by ahy court of competent jurisdiction to be invalid, the judgment shall not affect th6 validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. IV. EFFECTIVE DATE l~is Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: August 11,2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 9425-1T 8/20 2009. t.~./¢ vCH~i~i§Ti-NA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified in SuffoLk County LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Streeh Greenport" and NOTICE IS HEREBY 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, 53095 Main Road, Southold, New York, on the 8th day of September, 2009 at 7:32 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 No Parking Area on Champlin Place and Main Streeh Greenport" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Champlin Place Both In Greenport, on both sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. 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 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. Dated: August 11, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 20, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Highway Dept Town Board Members Police Dept. Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /¢v,c day of~(~2~., 2009, she affixed a notice of which the annexed printed not~ce ~s a true copy,~n a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: No parking-Champlin PI Sworn before me this /'~ day of~, 2009. l{lotary Public LINDA d COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk County Term Expires December 31, 20/3 -- dS/El~zabeth-A.-Neville ,- - _ Southold Town Clerk Southold Town Board - Letter Board Meeting of August 11, 2009 RESOLUTION 2009-695 ADOPTED Item # 5.20 DOC ID: 5221 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-695 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August, 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Street, Greenport" 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 8th day of September, 2009 at 7:32 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 No Parking Area on Champlin Place and Main Street, Greenport" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street, Greenport". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: Generated August 17, 2009 Page 26 Southold Town Board - Letter Board Meeting of August 11, 2009 § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Champlin Place Both In Greenport, on both sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANt'MOUS] MOVER: Louisa P. Evans, Justice SECONDER-' Thomas Iq. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 17, 2009 Page 27