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Home My WebLink AboutLL-1980 #02AC 2051 EDWARD V. REGAN ~; late Comptroller STATE OF NEW YORK DEPARTMENT OF AUDIT AND CONTROL ALBANY 1 2236 July 29~ 1980 Office of Town Attorney Town of Southold 425 Main St. Greenport, L.I., ;N Y. 11944 WILLIAM C. WALSH Deputy Co rrlptroller In Replying Refer 1'o Dear Sir/Madam: This is to advise that Local Law(s) No. of 1980 for the Town of Southold was received and filed on May 13, 1980 Very truly yours, EDWARD V. REGAN State C~o~_~l~oller Kendall R, Pirro Associate Attorney Charters Unit dak cc: Secretary of State (Please Use this Form for Filing your 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. TOWB Local Law No .................... 2. .................................... of th,- year 19 **..8.9. .... · to nrovide for the appointment of committees ...................... A local taw ............ ;; ................................................................................................................ (ln~ert tltl~) Be it enacted by the Town Board ......................................... of the ..................................... k'ii~'~'~'L~'dli:' ii;'~"ff&';'f .................... of ................................................. .s-.P-.u..t..h...°.L4 ......................................................................................... fonow : Town The Code of the Town of $outhold is hereby amended by adding a new chapter thereto, to be Chapter 7, to read as follows: Section 7-1 Establishment of Committees. The Town Board, by resolution, may establish advisory committees for such purposes as it may deem necessary, to assist it in the performance of its duties. §7-2 Committee Members. The Town Board shall determine the number of members to sueh committees, appoint the members thereto, and designate the chairman thereof. Members of the public, public officials and public employees shall be eligible to serve as members of such committees. Members shall serve without ebmpensation, and at the pleasure of the Town Board. Page ! 67-3 §7-4 §7-5 §7-6 IDuties. as may be specified by the Town Board. Committees shall have no powers other than advisory. Expenses. Committees may incur such expenses in ~he performance of their duties as may be appropriated therefor by the Town Board. Statutory Provisions Superseded. This chapter shall supersede, in its application to the Town of Southold, subdivision 17 of Section 64 of the Town Law. This Local Law shall take effect immediately. · Final adopti,,n b~ I,ma[ le~islati;'e bed; ertl;'., I her*.~v certify that tile local law annexed beret,;, desig'nated as lc) -at law No ..... .2. ............ of i9.~.~.. of S°uth°ld: .......... Was duly l ~.<c-i .. o~,] ....... ~.a7.6 .................... tg..PP, in accordance wit} t h~ ........... T.93yp.~]302-y. cl ................................... (Name of Legislative }:l~dy ~ie applicable provisions of law. (Passage b; local legislative bo& ~¥ith approval or .qo disapproval by Elective Chief Executive Officer or repassam· after disapproval.} I 'wrobyoortifythat the local law annexed boret(~, lesi~atedaslocallawNo .................... of 19 .... County (2ltv of lhe T m'n' ,ff ................... . ..' ....... was duly passed by r~e ................................................................................ no~ disapproved ,~a ............................................ 19 .......and was approved by the ..................................................... repassed after ~isapprovaI and was deemed hdx adapted on ..................................... 19 ..... in accordance with the applicable provisions of ,Final adoption l,x r,ferendum.) I hr?,4,y certify that the local !aw annexed hereto, designated as local law No ................... of 19 ...... County of the City of ......................... was dub' passed by the ...................................................................................... 'I'owa Name of Legislative Bod,'~ Villa ge not disapproved on ................................................ 19 .......and was amwoved by the .............................................................. repassed after disapproval Electiw: Chief Executive Officer ~ on ................................................................... 19. ........ Such local law was submitted to the people by reason of a ll:andatolw referendum,and recmved the affirmative vote of a majority of the q,aalified electors voting permissive g, moral thereon ar the special election held on ................................. ~...~ ............. 19 ........in accordance with the appli- anr!aal cable provisions of law. ($ub2eet to permissive referendum,and fiiml adoptiou because no valid petition filed requesLing referendum. I hereby eerlifv thai the local [aw annexed hereto, designated as local law No ................... of 19 ........ County City et the Town of .................................. was d,,lvpassedbvthe ............................................................................. on Village not disapproved ..................................................... 19 ........ and was approved by the ...................................................... on repassed after disapprova] Elective Chief l:;xecutive Officer * ........................................................... 19 ....... Sach local la~ being subject re a permissive referendam and no valid petition requesting sach referendmn having been filed, said local law was deemed duly adopted on .................................................................... i9 ..... , 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 bas~s or. if there be none, the chah"man of the county legislative body, the ~rmyor of a city or vffiage or the supervisor of a town, where such offmer is vested wiih power to approve or veto local law~ or ordinances. Page 2 ICit~, lo,:a.I la'c, ,'on,.,.r.in¢ Ch:trt*'r r..iMon propo_-.~.d 1:9 petition.) I J. ~ .l .....:,t' ~h,~ th, I i ..... it, x:, th....n,,k ign;itpJash.,d ]~,~ ............. of ~9. .. ,~f th, L ~' ,,f ~, :,~ ~,.m~ ~ubmlm,,~ to referendum pursuant to the i'r'~idons''f '{c .'~ 'ff "~ ',:mu, q,,l[', ,,,"[ltd, I .- ..... ]: ,~htg t',.~eived th,. affirmative vote ora majority of th- quatifb.d~'h.~t,,,'> el ~(l,h it% .,'fi;La thc. reon at flu, ar'n~md .................................. bt, cm.,~ opm'ati~ ,'. [ hcrci~y ccrtiU. Ih:it [h;h,,-:diL~ ,rune\cd h,:~z[,,.dcqgn~[cd;tn Local Law No ....... of 19 ..... et'the (',mnr,: ,q' · ................................ %[,~[c et %2~ ~ork, havin¢ bceo xubmitted to thc Eiccto~ at the (;CIICI'A[ }'[CC[lOll O¢ N,..crnber .......... I0 ...........ptlrStl.lllt tO subdivisions 5 and 7 of Section 33 of the Muni- cipal tiomc RLIIc Lai%,,iHd havillg received Iht ,ttl'irlllah~c ~otc ~,l a majority of the qualified electom et' the citic~ ,)t' ~aid COtl[lty .Ix ;1 tllli[ a[ld el a maioTiD ut thc qudliticd electors of thc towns of said COtlllty ri[ an5 oth*,r auth.rized form of final adopti.n ha> heen [ollowed. please provide an appropriate certi[icatJon.~ ~ I flmh,'r , ,.rtifv fl~at [ hake. ~:or. par~-,t d.. [,rr,,-~dir~g la, 3[ la~ ~*ith the original on tile in thi:~ office ami that th- ~am¢. [< a c,,rrect trans,'ript th,'rcfi'~m: nr,,t .f th- ~d~olr' .¢ qllr,h origihal local la% and was finM[y adopted in the manner indi,'ated in paragraph .. .1. .... abow,. l)ate: May 9, 1980 Clerk of the County legislative body, City, Term or Village Clerk o~ officer de$igllated by Iocld legislative body .Judid~ T. Terry, Southold Town Clerk (Seal) ICerti[ieation to he executed by Courtt.,, :Mtorne), I i.rp.ration I;ounsel. Tov, n Attorney, Village .Mtorne.,, or .ther authorized .Mt.rney oF Iocalit.s.) STATE OF NI.;W YOIIK COl InT't OF ... $~[I~I~.OL,.K, ...................... l, thc nndersigned, hereby certify' that tile foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. [)ate: May 9, 1980 Title xe~ oF..'.S..Eq~[3?~9. .................................... Town Page 3 A public hearing was held by the Town Board of the Town of Southold at 3:30 p.m., Tuesday, April 22, 1980 at the Town Hall, Main Road, Southold, New York, on the proposed law entitled "A Local Law to Provide for the Appointment of Committees". Present were: Supervisor William R. Pell III Councilman Henry Drum Councilman John Nickles Councilman Lawrence Murdock Councilman George Sullivan Councilman Drum read the legal notice of hearing and presented proof of publication in the Suffolk Weekly_~Times and the Long Island Traveler-Watchman. He also presented proof that this was posted on the Town Clerk's Bulletin Board. Supervisor Pell: You heard the reading of it. Does anybody wish to speak in favor of this proposed local law? In favor of. .Fred Letson: I am with the Oysterponds Historical Society. I would like to see this law passed because we would like to see a committee established. Supervisor Pell: Thank you very much. Anybody else? Charles Webb: I am with Mr. Letson and I would like to support Mr. Letson in his request to support the law. Supervisor Pell: Thank you very much, Mr. Webb. Now, we go against the proposed law. Jody Adams: I suggest to you, first, that you study With great care the recent application for federal funds (Diversion/Prevention for Juveniles). I suggest this study in relation to the above law and in and of itself as its approval will interestingly affect Southold Police manpower. On many pages of this application is reference to a Community Board which will oversee the operations of this project. On page one of project summary, bottom of page, is the first reference. On the next to last paragraph of page four there is reference to a community advisory board. On page 5, it states that the board will be established in accordance with Division of Criminal Justice Services guidelines. The guidelines, of course, are not stated. In regard to the actual law, I have the following to say. Section 7-5 superceding subdivision 17 of Section 64 of the Town Law, Section 17 refers to advisory committees on capital improvements only. Regarding the above, Section 7-1 of your law states that the Town Board, by resolution, may establish advisory committees for such purposes as it may deem necessary ...... I wish Mr. Tasker were here because I don't know if this is written properly. Public Hearing ' ....... ~ -2- ~.J£il 22, 1980 Your section 7-2 regarding qualifications for appointment is perhaps too broad. I wish that you would consider specifying some- what committee makeup. For example, in Southold Town's ethics board law there are no regulations regarding political party affiliation and we have ended up with three Republicans. There are also other fallacies in that board makeup. Riverhead's Code of Ethics stipulates the amount of representation of each party and others. I am concerned in this area about citizen participation, female participation and to some extent minority participation as well as political and philosophical makeup. I recognize the difficulty in writing the law but perhaps you could make an attempt at incorporatinE the above. I am further concerned about dissident representation and announcing, publication and oDenness of the meetings of any boards appointed. Will these committees be affected by the Freedom of Infarmation Act? Where is. Tasker? Why isn't he here? Supervisor Pell: We will take what you have given to Miss Tolman and review it with our attorney. Miss Adams: Is it legal to have a hearing without him here? Supervisor Pell: Yes, definitely. Miss Adams: Do you know if they will be operating under the Freedom of Information Act? Supervisor Pell: Every board operates under the Freedom of Information Act as far as I have read the law. We all operate under the Freedom of Information Act unless it is on a personnel matter. Miss Adams: What is your intention about making their work and meetings known? Could this be put in writing? Some of your meetings take place and I find out weeks and months later; it is purely accidental. I think if you did something to make yourself available it might be helpful. Section 7-4, is there any chance a maximum on expenditures should be sst? As you know, I am concerned about the way things happen in the Town of Southold. Suffolk County is criticized for committing us, the taxpayers and residents of towns, to large sums of money and philosophical direction without consultation. I have found that even within a town as small as Southold the same thing happens. I am not opposed to citizen committees. I am opposed to Police grant applications which are not discussed prior to commitment, which anticipate the passing of today's local laws and I am opposing a government which is not responsive to the problems of its citizens. As some of you know, I attended today a meeting of the police committee of the Town, and I am continually frustrated by how close we all come to genuine communication and/or understanding of problems but then at the last minute someone or everyone veers off and the problem is left to fester. I hope that you will consider my ideas on this bill and more Public Hearing -3- ~_~!l 22, 1980 important, through what I have said tQday and will be saying in the future, try to make this to~n honest, decent and in accordance with the laws of the United States and, for those of you with religion, God. You cannot continue to operate it the way you have been in the past. You will hear more from me in an appropriate forum, which may be by mail, on the type of committees that I see this town as needing and ideas as to the better utilization of existing board committees. One very basic matter is open discussion and not allowing the avoidance of questions even if they are painful. Supervisor Pell: Thank you very much. The Board will review your report, we have a copy of it. We will make oopies of it and every member of the Board will have one. Did anybody else wish to speak against the proposed local law. Does anybody wish to be heard at all that has not been heard? Anybody. I will declare the meeting adjourned. Respectfully submitted, - ~ - Muri~l Tolman, Secretary RECEIVED APR g 5 i980 Towr~ C~er~ $outhold NOTICE OF PUBLIC i? ~: HEARING ON LOCAL LAW ,! PUBLIC NOTICE is hereby given that: there has been presented :to the Town goard !.: of tile Town of Southold, ~i:: .Suffolk County~ New York, on 4. .the 8th day, of April, 1980, ,a I!i~.' '][;~eal Law, entitled "A Local ..:' Law ,,to Provide 'for.: the , ,: , ,Appmntmexat of Commtttees. i:1:~?: 'Said Local: Law ' .reads as' 'l ~,, : $outhold is hereby amended· by adding a new 'chap~e~5 ~ thereto, to bc Chapter "Section 7-1 'EStablishment of Committees. The Town Board, by resolu- ,tion, may establish ad¥isory ;; committees for such purpose~ as it may deem necess,ary, to a~sis~ it in the performance of ',, i, its duties ~., ~Section 722 Committee Mcm- ,'~ bets. . ' . :'Cdetcrmine ~the .ritlrabe~ of . ?:!m~:.mbers to such' commit- ili;i~!i~teeS, appoint the. members i!,':ii..thcreto,, an.~ designate the ':': chainna~ thereof Members of ~he pab c, public officials and: pablic employees shall be:: , . eligible to serve as members of :' snch committees. Members~: i,, shall sene ~ithoet tampon-: ~tion. and at t~e pleasure o[: ',,, the To~ n Board Section '/-3 Duties. Commmees shall perform: ., such dul~e$ and cxorci-~e such :' :.: powers as may be specified by :j"i: the ToWn Boa~d. Committees ',;i"shall have·no powers othee !'~ committees may incut~ such i!:". expenses in the. p.efformance iii'.:~f thei~ dnties as.-may,..be il:i: :. appropriated .therefor by ':.the COUC~TY OF SUFFOLK STATE OF NL%V YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, [] public newspaper printed at Southold, in Suffolk Count; ;nd that the notice of which the annexed is a printed copy, has been published in said Long Island TraYeler-Watch- man once each week for .............. ./. ........................ weelcs~ successively, cemmenciru2 o~ the ...... /..0. ............................ ...................... ,,.gO..._ Sworn to before me thL~ ........................ day .................. Or CLEMENT J, THOMPSON NOTAR~ PUE[IC, State of ~ew York Ne. 52-9321725 R~in8 ~ S~ol~ ~u,ty ~ ;[::i':,. This 'chaPter .sh~ll super-.. 'iii" ~ed% in its :apPtieatt°~-to the ,:::, Town of~SoUthOId, subdivision .':;Section ?-fi .'rh~ :Local ..Law · hshall t~lce effeCt 'immediately. ii:'..,: Copie~ 0f sbid LbcaI Law ~e ::'; available at the'. office o[. the :,~' T~wn Clerk ~o an7 interested ):'persons. ' dUring~ bu'siness . .: 'hoiirs.. '.'" ' ~' ':.. ..l. .:!il ....'. l: l'. :.il .0nee IS :IFuRTm~e GIVEN that the To-n Board of' the 1'o:~ r: ,.'.l' Sout.bold uill llold a public hearing on the M'uresaid Local Law at the Soutt~r, ld Tau n Hall. Main R,~ad. Sou~hold Ne:~ ~fork. on: the 221~d da~, o[ April. 1080 a~ i 3 30 o'clock P.M.. al ~hich :. i time all imdre,~ed Pets,ms vili ~: I, be heard il{l:' . :l .l lll' ; '" DATEDi ~Aptil 8; '1980 ~.:' .'' To~of~t~ld ~'' ' '.: ': ....1T;4/10/8006~) ' eligible to ser~'e asmembers of 'such committees. Mere- _ . .. ber~ shall serve vfithout . "" " - ,,,~.~ ;7 ....... ~"~" ' compensationS:~ fffid ~t, the ~OTICP ~ v~ ~H~ ~ ~pleasure ~ ~e ~n Board. PUBLIC NOTICE is hereby ~,/ ~ch ~U~"~ ~ g~ven that there has ~,' r ' ' : ' .... '~' '{~ .............. · ~ suchpowe~asmaybes~- folk County New York ~h-~ mm~tt~ shall, ha~,.no . COUN~ OF SUFFOLK, ~, ~, , O~ ~..~ , ~., .-. 8th a,, ~r $,~ ,~n ~ r ~, po~e~ o~r than adv~ory. ~a~ ~ ~.~r v~ ~ Ss: ,La . enhlled A L~a! Law Lo Committe~ may ~c~ such 'Prmide for ~he Appointment e~es ~n ~e ~o~- ~0~. ~qS~Y5.QD. ~ing dul~ Sworn, ,ol Comminees". ~id L~al .anne of their dd[i~ as may .~- ' ................... .Law re~ as foUows: be app~&p~ated t~for by :. ~.. ~:i'~ The C~e of ~e Town of t~e Town Board .... .: that .... Printer and Publisher of ~e SUF~OL~ ~bi~dth01d is he,by amend~ Section 7-5 S~[utory Provi- "]:lby ad~ng a new chapter 'ilhe~to, to b~ Chapter 7, 1o smn~ [,upers~ed. , ~ ~L~ TZ~ES, ~ news~pez ~ubBsh~ at ~reenpozt, in s'~d . Tins chapter shag su~r- : 'resd as rollers: ,:~. Section 74 Establishment of sede. in tls appBcalion to ~e county; and that the ri'oUch, o[ which ~e ~e~ is a ~int~ 'Commlllees. ~o~.e ct Southold, subdi~q- ..... stun 17 of ~elien ~ of he ~p~, .~s been published tn the s~d Su~Ik Week~ Times ,, ,The'~own uoaro, oy re, mu-. TowR I aw ~ ~, · : ~ , tmn ma~ establuh adv~so~ g~ction ~-6 Th~ ~ .~w once in eoch week, ~ . . Q~DJ ..................... weeks comm~Itees lot such p~- shall lake e[fdet:~me~ poses as ~ may d~m n~es- ]y. sUc~s[Y~ly commencing ~ ~e . .~, ................. sar~, Io ass,st it ~ ~e ~ Copi~ ol said ~l ~aw ~ formante oi its dulies available at Ihe .offiCe o[. ~e d~ o[ . A~ ......... ~ers.Secli°n 7'2 C°mmillee Mere' .T°~ Clerk t° a~ ib~'~ ...... ~ ~~.~ ....... '. "~. To~ Board' ShaU de ':Pers°~ d~g busings ho~ ...... ; te~ne Ehenum~rofmem- ~'.~.~OTI~ · IS -.FUR~E~ 4.GI.~N ;that the To~ B~rd Swan to ~[oze me this ...~. ~.. ;" bers 1o such eemmitl~s, a~ Ol ~he ToWn. of South01d: w~] ,.~ili~. f~O~ ~,c~:,la~ Road Soufhold New York. on ":. ' "~ ~ ' the 2~nd day of April, 1~0, at ........................................ ---- - - -3:30 o'clock P.M., at which ]~,,.~t~me all Lnterested, ~,persons ,~ ,Will be heard '[iii DATED': April 8, 1980' 'i~ :,!..:L:_.:::~:_.:~ITH T. ~TERRY .__. ,~, . .'-Y'.'."7";~ .............. :_ r(; : .k':'." TOWNCLERI(. " TOWN OF .qOUTHOLD " ilTA10-3419 H£LEA' K. DE NOTAI~Y PUBLIC. State et New York No. 4707875, Suff01t~ C0unt), Term Expires March 30,