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HomeMy WebLinkAboutLL 2012 #07 ~ EXPRESS -- EM 30126482 US ~--~ UNITED Time A¢o~te~d/ .... P~ ':"" , ~ , r- ~ y SOUTHOLD HPO SOUTHDLD, Ne~ York llgTllO00 354B330971-0098 05/09/2012 (800)275-8777 10:42:59 AH ==------Sales Receipt ~ Praduct Sale Unit Final Description Qty Price Price ALBANY NY 12231 $18.95 Zone-2 Express Hail PO-Add Flat Rate Env 4.00 oz. Label ~:EMB30126482US Tnu 05/10/12 12:00PH - Expected Delivery. Honey Back Guarantee Signature Requested Paid by account: $18.95 EHCA number: 119294 TO~N DF SOUTHOLD $0.00 Issue PVI: Total: $0.00 Paid by: Order stamps at usps.com/shop or call 1-800-Stamp24. Go to us~s.com/clicknship to print shipping labels ~ith postage, For other information call 1-800-ASK-USPS. Get your mail ~hen ANDREW M. CUOMO GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALES SECRETARY OF STATE May 23, 2012 Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED ~A¥ 3 0 2012 Southold Town Cled{ RE: Town of Southold, Local Law 7 2012, filed on May 16, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 VWWV.DOS.NY.GOV E-MAIL: INFO{~DOS.NY.GOV SOUTHOLD TOWN BOARD PUBLIC HEARING May 8, 2012 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This meeting was opened at 7:58 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" 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 May, 2012 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 Amendments to Chapter 237~ Streets and Sidewalks~ in connection with UtiliW, Poles" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles Amendments to Chapter 237 Public Hearing May 8, 2012 2 §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, acing, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they fail to comply with this requirement. Ultimately, the Town seeks the removal of aesthetically unpleasant, damaged utility poles on roadways, while ensuring the public's safety as they travel such roads. §237-31. Defmifions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOUBLE POLE - Any utility pole that is located directly next to, or in close proximity to, and is shorter in height than, another utility pole. UTILITY - Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Southold. ~237-32. Removal of damaged or double utility poles. When the Superintendent of Highways determines that a utility pole in a highway or fight-of way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subject to penalty. §237-33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal. II. 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 'Amendments to Chapter 237 Public Heating May 8, 2012 unconstitutional or invalid. 3 III. 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 it was posted in the Suffolk Times on April 26, 2012 and that it was posted on the Town Clerk's bulletin board on April 12, 2012. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular issue? MARIA GRZESIK: Inaudible comments from audience. SUPERVISOR RUSSELL: I am sorry, Mrs. Grzesik. They are. I am sorry, this is actually, this is a local law with reference to utility poles, telephone poles and it is giving the town the authority and giving the highway superintendent the ability to remove unsightly and unsafe utility poles. It is a local law and right now we are at the public component where the public gets to voice their support or opposition to this particular local law and you should feel free to comment if you would like. Does anybody else want to comment on this particular local law? MS. GRZESIK: Inaudible. SUPERVISOR RUSSELL: Mrs. Grzesik, can I just ask you to step up to the podium and speak into the microphone so that we can hear it when we transcribe the minutes of the meeting? The clerk needs it into the microphone, otherwise they won't be able to hear what you, in order to record your comments. We need you up at the podium. Please. MS. GRZESIK: Now the mason I am here is I live on Inlet Lane Extension. The utilities have had their illegal poles right smack in the middle of the 49 ½ foot easement since 1960 and I have been fighting this for as long as I have been a property owner on Inlet Lane. Most of the poles are so old, there are over 50 years old, you can actually see the cracks in the poles and I read the article in the Suffolk Times about this meeting and I decided to come. All along I have been taking pictures of what has been going on as far as the replacement of certain poles. Now the county has suggested that the poles be placed to either side or that Greenport electric will provide underground electric wiring. Since the poles are in the middle of the 49 ½ foot easement, the residents on the Gull Pond side have encroached and trespassed up to and beyond the poles. I have a letter here from (inaudible) indicating that they have never paid any taxes for the additional 2400 square feet that they have been using as part of their front lawns and for their driveways and they took down the original trees and replaced them with upscale landscaping, underground electric wiring, sprinkler systems. And these are all in the right of way. Now legally the right of way belongs to all the residents and since Greenport electric has permitted these poles to exist and I certainly have been in touch ~mendments to Chapter 237 Public Heating May 8, 2012 4 with them trying to find out when they put the poles in and I finally got some pole locations where the poles should have been and no matter who you talk to they can't find certain records, I have a whole load of things that I submitted under the Freedom of Information Act and I get nothing in response. I said well if you don't know when the poles were put in, how about the electric meters? Do you know when they were installed? Now I know for a fact that when I came here in 1960, that was like Indian country down there. Larry Tuthill was the first one to build and so he brought electric down there. I don't know whether he authorized the poles to be in the middle. I have no idea what went on but according to Suffolk County, they did research and they had, they never had permission or, I have all the letters with me from Suffolk County division of real estate. They never consulted anyone, they just went ahead and put these utility poles right in the middle of the easement. Now, 50 years, more than 50 years have gone by. They are rotted out, they have replaced several, well, maybe two and they never took the old ones out. So you have the double poles. In some situations you have the double pole with a tall and a short and it is an unpaved road, very narrow, a lot of overgrown potholes. As I said, unpaved. No one is responsible for the welfare of certain residents, well, let me put it this way. Some residents don't want improvement. They like it the way it is because it gives them added square feet of a fi'out yard. Because they can go up to and beyond the pole but that is not their property. Their concrete monuments are about 23 ½ or 24 feet back into the pole, the existing poles that are in the middle. About three weeks ago, I had Peconic surveyors come down and I had requested that they put some metal poles where the end of the right of way exists. And you can see that these residents on the Gull Pond side and I don't care whether they like me or not and it will be on television, it is high time that the county or the county and the town do justice. No one is above the law. And this has been going on and because they are encroaching and trespassing, they refuse to form an association, I went begging, I said, let's get together. Let's improve the road, let's all get back to our boundary lines and put some black top and turn it over, dedicate it to Southold so they can pick up, we can have garbage pickup and brush pickup and whatnot. And in the winter we have ice lasagna down there because it snows and it melts and it freezes and then it snows and then it freezes and so you have layers and layers of ice and I know that when I had to have my father, who needed medical care, an ambulance couldn't even get down that road. It was un passable. The post office won't deliver the mail because it is too icy. Well, now you may say that is a private road. Well, Suffolk County is not private, Suffolk County owns a lot of these roads out here but they don't provide the snow removal. I am paying taxes to Southold Town, I also pay tax to Suffolk County and I am not receiving anything at all as far as the services. The fire engines, fire apparatus barely can get down that road. It is very narrow, in some places it is 15 feet, then it is 10 feet, then it is maybe 15 or 12 and it is a meandering road and a dead end and when two vehicles have to come, there is no way for two vehicles to go up and down. One has to go aside onto private property to allow that other vehicle to pass and then when they get to the end and they can't mm around, they go for, the woman on the end went all the way out and took away the turnaround, there is no where to turn around unless you turn around in a driveway that she created which is in the right of way. It is a total disaster. With so many illegal complications. Now the county has done so much, they have written to so many of the supervisors prior to you, Scott Russell. Jean Cochran and to Mayor Kapell, myself and I had an attorney. And ~mendments to Chapter 237 Public Heating May 8, 2012 5 when I bought my property in 1960, I was living in Brooklyn and believe me, my deed didn't come out of a cracker jack box. I had a deed, title insurance, title policy which indicated that there were no obstructions or violations. I had an attorney, I had Van Tuyl, who did all my surveying. Lo and behold, I go back to the city and I come out and I see these utility poles and my husband and I tried to fight it for years, we weren't in a position to hire lawyers or pay a lot of money legally to go to court but it was in the Suffolk Times, it was in the Traveler. It has been publicized. I went down to meetings at the Greenport firehouse, I have minutes from them. I have letters galore and boxes filled with letters fi.om Alan Greco, from legislation from the county which says these people cannot take this property by adverse possession which they claim they have and they can't because it belongs to our municipality, well, anyway I don't know what more I can do. I bring it before you as a situation now with these utility poles, finally come to a head like a pimple. The utility poles are in very bad condition and they have replaced some and they left the old one fight next to it. so I called Mr. Harris several times about it, he said we have no jurisdiction, it doesn't belong to the town, it doesn't belong to the village. I said, who does it belong to? It has to belong to someone, we are not living on Mars down there. So it is a situation that has to be approached. It has to be handled. SUPERVISOR RUSSELL: Let me just, for the Town Board's edification, Mafia Grzesik lives on a road that had actually been for lack of a better word, been abandoned years ago. The county owns it now as a result of a tax sale. They executed a tax sale on the road. When they take property from tax sale, they don't take them in an ownership way, they don't perform maintenance on them or any, it is just a mechanic of Suffolk County tax act. MS. GRZESIK: They took it as a tax deed because no one down there would pay taxes. SUPERVISOR RUSSELL: And the poles themselves were installed by the Village of Greenport electric company some time ago. The Village of Greenport simply says they do not have the funds to relocate the poles, it would be an expensive proposition. The problem is, it is not a town road, it is a county road only because of the mechanics of the Suffolk County tax act and so it is in this quagmire as to how do you bring pressure to bear to get the poles relocated to the side of the road? JUSTICE EVANS: But it wouldn't have been a town road, it would have been a private road if Suffolk County hadn't taken it? SUPERVISOR RUSSELL: It wouldn't meet the requirements for the town to accept it as a public road in its current condition, no. MS. GRZESIK: Well, Supervisor Russell, no matter who owns it, whether it is county or privately or what have you, the fact remains that the utility poles were placed illegally without permission from anybody. They don't belong there, they are in violation and perhaps if the poles weren't there, people on the Gull Pond side couldn't encroach and trespass up to and beyond the poles. They say, oh, you know you can't drive through the poles. Well, in the city they drive on either side of overhead subway trains. Now, if those Amendments to Chapter 237 Public Hearing May 8, 2012 6 poles weren't there and that road was the width that it should be, you could have two vehicles going up and down, even if the poles were in the middle. One side going in, if the turnaround had not been taken by a resident, there would be a turnaround where the cars could turn and come out. Now in 2010, I almost died in the house. I live alone, I am a widow, I hemorrhaged so badly and the ambulance couldn't even get down the road because we had some of the residents parked in the road and the ambulance had to go up on the berm to come around this illegally parked vehicle and then when the beach opens, you know, some people don't want to pay to get on the public beach, so Inlet Lane is the road right before the public beach and what they do is they swing in there because it is narrow and hidden with the trees and overgrowth and they park and they disappear and if any kind of emergency vehicle has to get down that road, these cars would have to be towed away and minutes in time are taken where lives could be lost. This is a danger. The county sent investigators, they came, they inspected and they said that it was a very dangerous thing for health and safety. Now this pole situation is about the appearance, the aesthetics, health and safety. Well, I think, I have been living down there with my heart in my mouth lots of times when we had people, we had fires and fire engines were on private property. Not that I (inaudible) well, let them be on private property because they are trying to save lives, they are doing a public service but it shouldn't have to come to that. COUNCILMAN KRUPSKI: Well, the way that this law is written it says that the superintendent of highways determines... MS. GRZESIK: Can you speak up a little? I can't hear you. COUNCILMAN KRUPSKI: Sure. The superintendent of highways determines that a utility pole in a highway or right of way is damaged or a double pole, he shall notify the utility that owns or operates the pole, that it must remove the said pole within 20 days. Now does that, that says highway or right of way would that .... MS. GRZESIK: Do you want to see some of the evidence? SUPERVISOR RUSSELL: Yes, please. Feel free. MS. GRZESIK: I have tons. I have boxes full of letters from the county, this is a copy of the tax deed from the county, this is a survey map from Peconic surveyors showing the actual size of the road and what is being utilized. This is a letter that is old, it goes back to 1981 from William Price before he became the judge, when he wrote to George Hubbard that they had to remove these poles. This is another letter fi'om Alan Greco to my lawyer at the time, this is 1999. These are the forms, these are the applications that I sent down to Greenport (inaudible). Their responses are like nothing. They tell me to go down and read the book. Check the book. SUPERVISOR RUSSELL: My understanding was that Suffolk County was willing to transfer the ownership of the road to you. Amendments to Chapter 237 Public Heating May 8, 2012 7 MS. GRZESIK: To me? They are not allowed to give it to one person, they have to put it up for auction and then it is, you know, people bid on it. Now they had the last auction this November and I went down to Hauppauge and I put my bidding on it and lo and behold there was a gentleman behind me, a Pakistani man, and he bid and I didn't even hear him, it went so fast and he bid higher, not by much and he supposedly got the right to the right of way. I called Suffolk County, they know me by voice, they don't even have to ask who is it? They know me because I have called so many times. They said it hasn't been finalized, he put a deposit and if he doesn't agree to go through with the closing then he loses the deposit and so according to his attorney there are a lot of problems now. A lot of problems. With poles and people encroaching into property, that was put up at bid at the auction there with Suffolk County. It just gets deeper and deeper and more involved. And the people that are guilty are the ones that don't want to move back, they are not paying any taxes on that portion of the property that they are utilizing and it is high time, listen, no one is above the law in this country, supposedly. We all have to pay, you know they say you are sure of two things, death and taxes. Well, we are all sure of death but they are not paying part of their real estate taxes. They are on the road. That belongs to other people. Anyway, let me come up and show you what I have. COUNCILMAN TALBOT: Let us get this law going forward, we will adopt it, if the Board chooses and then maybe we can help you a little bit more with it. COUNCILMAN KRUPSKI: We want to, can I .... COUNCILMAN TALBOT: A lot of this stuff isn't pertaining to this public hearing that we are having right now. MS. GRZESIK: Inaudible. COUNCILMAN KRUPSKI: And can I clarify something with our town attorney? MS. GRZESIK: How about I leave all this and at your leisure you can look through it? And when you have finished with it, call me and I will come... SUPERVISOR RUSSELL: Yes. MS. GRZESIK: Inaudible. SUPERVISOR RUSSELL: Right. There are two separate issues here. This particular law may hopefully may be able to address those double poles, those old decrepit poles that are no longer functioning, it may be able to but this law, as a matter of law, isn't going to make anybody relocate the power distribution system. MS. GRZESIK: Inaudible. And not just the poles, the poles are protection for those who want to use the poles as an excuse for them going all the way out to them and beyond. You know, I can go out to the poles on the other side (inaudible) Amendments to Chapter 237 Public Hearing 8 May 8, 2012 COUNCILMAN KRUPSKI: I have a question for the town attomey. MS. GRZESIK: But if they took the poles out of there, no one would have any excuse, they would have to move back to their property line. COUNCILMAN KRUPSKI: Martin, the way this reads, would this in fact bring any relief here because it doesn't say a town owned highway or right of way, it just says a highway of right of way and it also references any poles in the town, so would that mean on private property also? MS. GRZESIK: But this is not private, Suffolk County owns it. they are not private, they are municipality. COUNCILMAN KRUPSKI: That is why I wondered if the highway .... MS. GRZESIK: Inaudible. COUNCILMAN KRUPSKI: Right but I am wondering if this law, the way it is worded, would that bring relief to this site? TOWN ATTORNEY FINNEGAN: I certainly think it would authorize Pete to reach out and notify the utility (inaudible)... MS. GRZESIK: Inaudible. SUPERVISOR RUSSELL: I think the Board has heard everything. You have left me some information, I will review it with the Board. You can pick this up from my office at the end of this week if you would like. MS. GRZESIK: Inaudible. SUPERVISOR RUSSELL: Okay. MS. GRZESIK: Inaudible. I spoke to Sylvia Pirillo, I get nothing. Inaudible. Come on, get with it here. I was a teacher in New York City for 30 years, I am accountable. Inaudible. SUPERVISOR RUSSELL: We are going to pass this law tonight and then study this its application to this particular issue tomorrow and we will look at all the information you have given us. Okay? MS. GRZESIK: Well, alright. SUPERVISOR RUSSELL: Thank you. MS. GRZESIK: I think I said enough. It took a lot of courage for me to come here Amendments to Chapter 237 Public Hearing May 8, 2012 9 tonight. Inaudible. COUNCILMAN TALBOT: Thank you. The supervisor will get back to you. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN KRUPSKI: Thank you. So that is what we are contemplating passing, that would give Pete the authority, even on the right of way, that he would, he would be able to contact the utility. SUPERVISOR RUSSELL: But there are other issues here that, I will sit down and discuss the issue with Pete tomorrow and .... COUNCILMAN KRUPSKI: On the double pole, he would have that authority. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response) This heating was closed at 8:22 PM Southold Town Clerk ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 14, 2012 Express Mail EM390736678US Local Law No. 7 of 2012 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 7 of 2012 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. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 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. 121 County rn City [] Town of r~ Village SOUTHOLD Local Law No. 7 of the year 2012. A Local Law entitled, A Local Law in relation to Amendments to Chapter 237, Streets and Sidewalks, in connection with Utility Poles Be it enacted the Town Board of the: ~ County rn City [] Town of r~ Village SOUTHOLD I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby msidents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they fail to comply with this requirement. Ultimately, the Town seeks the removal of aesthetically unpleasant, damaged utility poles on roadways, while ensuring the public's safety as they travel such roads. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) '{}237-31. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOUBLE POLE - Any utility pole that is located directly next to, or in close proximity to, and is shorter in height than, another utility pole. UTILITY - Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Southold. §237-32. Removal of damaged or double utility poles. When the Superintendent of Highways determines that a utility pole in a highway or right-of way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subject to penalty. §237-33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal. II. 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. Ili. 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.) 1 hereby certify that the local law annexed hereto, designated as local law No. 7 of 20 12 . of the (Czxr..~')(C~?d)(Town) (V2!ag:) of. SOUTHOLD was duly passed by the TOWN BOARD on May 8 ,20 12 , 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 approvedXrepassed 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 ora 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 (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 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. 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 of a 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 &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.) 1 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. (SeaO Clerk oft~County le~l~la(ive b~'dy. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: May 10t 2012 (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 contain~t and that all proper proceedings have been had or taken for the enactment of the local law annexed Signature Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: May lot 2012 4 RESOLUTION 2012-424 ADOPTED DOC ID: 7849 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-424 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, '% Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" reads as follows: LOCAL LAW NO. 7 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalk% in connection with Utility Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles 8237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they fail to comply with this requirement. Ultimately, the Town seeks the removal of aesthetically unpleasant, damaged utilit~ poles on roadways, while ensuring the public's safety as they travel such roads. §237-31. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, Board Meeting of May 8, 2012 Resolution 2012-424 tmabridged (or latest edition). DOUBLE POLE - Any utility pole that is located directly next to, or in close proximity to, and is shorter in height than, another utility pole. UTILITY - Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Southold. §237-32. Removal of damaged or double utility poles. When the Superintendent of Highways determines that a utility pole in a highway or right-of way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subject to penalty. §237-33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal. II. 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. III. 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 [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 5/10/2012 8:18 AM by Lynda Rudder Page 2 Southold Town Board - Letter Board Meeting of May 8, 2012 RESOLUTION 2012-423 ADOPTED Item # 4.39 DOC ID: 7847 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-423 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2012: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 237~ Streets and Sidewalks, in connection with Utility Poles" is classified as a T.ype II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated May 9, 2012 Page 66 SUMMARY OF LL/AMENDMENTS TO CHAPTER 237 {UTILITY POLES) THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 237 OF THE SOUTHOLD TOWN CODE. THE PURPOSE OF THE PROPOSED AMENDMENTS RESULTS FROM UTILITY POLES LOCATED WITHIN THE TOWN THAT ARE OFTEN DAMAGED BY TRAFFIC ACCIDENTS, AGING, AND/OR ADVERSE WEATHER CONDITIONS THAT MAY COMPROMISE THE HEALTH, SAFETY AND WELFARE OF TOWN RESIDENTS. UTILITY COMPANIES MAY REPLACE DAMAGED POLES WITH NEW POLES DIRECTLY NEXT TO, OR IN CLOSE PROXIMITY TO, THE DAMAGED POLE, HOWEVER, THE DAMAGED POLE REMAINS IN PLACE, LEAVING BOTH AN EYESORE AND A THREAT TO THE SAFETY OF NEARBY RESIDENTS. THIS LAW SEEKS TO ADDRESS THIS ISSUE BY REQUIRING THAT DAMAGED AND DOUBLE UTILITY POLES BE REMOVED IN A TIMELY MANNER AND AUTHORIZES PENALTIES AGAINST UTILITIES IF THEY FAIL TO COMPLY WITH THIS REQUIREMENT. ULTIMATELY, THE TOWN SEEKS THE REMOVAL OF AESTHETICALLY UNPLEASANT, DAMAGED UTILITY POLES ON ROADWAYS, WHILE ENSURING THE PUBLIC'S SAFETY AS THEY TRAVEL SUCH ROADS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. #10651 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), successfully commencing on the 26th day of April, 2012. Sworn to before me this 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 Ihe 10th day of April, 201~. a Lt~-al Law ent~tlcd "A Local Law in be heard· follows: Principal Clerk NOfARY PUBLIC-SlATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County of the Town of Southold. ~37-32. Removal of darting, ed or dou- ~)r right of way is damaged ~!pd/ pem!]~ ~37~33. Penalties for off~nses. for each~le is le~t standing 11. SEVERAB1LITY detJ~!'~l~'~hv'wdr[l br form nol notea ' If any clause, senlcnce, paragraph, below shall bc used with a meaning as sectiom or part ol this Local Law shall defined in Webster's Taird International be adjudged by any court of competent Dictionar,/of the English Lamzua~e. un- jurisdiction to be invalid, thc judemenl ~brideed ior latest edition [. [ shall not affect thc validily of this [ffw as a DOUBLE POLE An,,, utility pole ~ -- ~,~tlllll~ll~[ whole or any' part thereof other than thc that i_s located directly next to, or in close_ part so decided to be unconstitulional or i~ny~lid. o:t,o~ 'q3nm lmq ~I~;~ql ] 'SlUO~O( [t I pure Jo ~aqllau lnq '/epu~ uo maql Jo o,va -q3eo3 iq 'po~fl se ~Ioo1 apetu sl~tmlsnlAI aqf 'uoseos sFql .reu!$ 'Jap Jo etD u lunoI~l ~u!zoqloq uaaq OAeq SJO~q OH 'Jo~31J~ ~u 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 dg ~ day of /~'~t ~ , 2012, she affixed a notice of which the annexed printed notice is a tree copy, in 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: Chpt 237 - Utility Poles Elizabeth A. Neville Southold Town Clerk Sworn before me.this /oq,?4 day of ~ ,2012. Not LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk County Term Expires December 31,20_/_~ ~7 LEGALNOTICE 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 l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" 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 May, 2012 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 Amendments to Chapter 237, Streets and Sidewalks~ in connection with Utili .ty Poles" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewaiks~ in connection with Utili .ty Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they fail to comply with this requirement. Ultimately, the Town seeks the removal of aesthetically unpleasant, damaged utility poles on roadways, while ensuring the public's safety as they travel such roads. §237-31. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOUBLE POLE Any utility pole that is located directly next to, or in close proximity to, and is shorter in height than, another utility pole. UTILITY - Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Southold. §237-32. Removal of damaged or double utility poles. When the Superintendent of Highways determines that a utility pole in a highway or right-of way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subject to penalty. §237-33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 10, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on APRIL 26, 2012 and forward one (1) affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971. Copies to the following: Suffolk Times TC Bulletin Bd Town Board Highway Dept Town Attomey RESOLUTION 2012-340 ADOPTED DOC ID: 7779 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-340 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles". 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 May, 2012 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 Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they fail to comply with this requirement. Ultimately, the Town seeks the removal of aesthetically unpleasant, damaged utility poles on roadways, while ensuring the public's safety as they travel such roads. Resolution 2012-340 Board Meeting of April 10, 2012 8237-31. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOUBLE POLE - Any utility pole that is located directly next to, or in close proximity to, and is shorter in height than, another utility pole. UTILITY - Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Southold. 8237-32. Removal of damaged or double utility poles. When the Superintendent of Highways determines that a utility pole in a highway or right-of way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subject to penalty. §23%33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal. II. 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. III. 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 [UNANIMOUSI MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krnpski Jr., Evans, Russell Updated: 4/10/2012 2:37 PM by Lynda Rudder Page 2 Page 1 of l Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, April 12, 2012 10:15 AM To: Cooper, Linda Subject: RE: Chapter 237 Utility Poles 5-8-2012 Hi Linda, I have received the notice and we are §ood to go for the 4/26 issue. Thanks, Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent-' Thursday, April 12, 2012 10:04 AH To: tr-legals Subject.' Chapter 237 Utility Poles 5-8-2012 Hello, Please confirm receipt of the attached Legal Notice of Public Hearing for the April 26 edition of the Suffolk Times. Thank you, Icoop 4/12/2012