HomeMy WebLinkAboutLL-1994 #12LOCAL LAW NO. 12 , 1994
A Local Law in Relation to Fishers Island Harbors
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 32 (Boats, docks and Wharves) of the Code of the Town of
Southold is hereby amended to read as follows:
1. Section 32-39.2A is hereby amended to read as follows:
Ao
Ail boats temporarily anchored in West Harbor and Hay Harbor
at Fishers Island shall anchor in an area assigned by the
~ Mas-tea-or ~ £~rst'~a~le-Fishers Island Harbor
Committee.
(1)
Anchoring shall not be permitted for a continuous period of
more than three (3) days unless authorized by the
H~at'bo~ Ma~ter-or Bay Constable, which authorization
may only be granted for emergency situations.
2. Section 32-39.2(B)(c;) is hereby amended to read as follows:
(s)
The location of each mooring shall be assigned by the Fishers
Island Harbor M'a~t~'~-Committee. wh~ which shall be
appointed by the Town Board.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
Overstrike represents deletions
Underscore represents additions
RYS DEPARTHENT OF STATE
BUREAU OF STATE RECORDS
162 Washing:on Avanue
Albany, NY 122.31-00D1
DATE: 6/7/94
HURICIPAL[TY :
~o~-~ of $o~tho'ld
LOCAL LA~/(S) NO, YEAR
i0 thru 13 I 1994
F]L]NG DATE
6/6/94
Local Law Acknowledgment
JUDITH T. TERRY
TOWN OF SOUTHOLD
TOWN HALL
53095 MAIN ROAD
PO BOX 1179
!-- SOUTHOLD NY 11971
DOS-236 (Rev. 6/90)
-I
The above-referenced material was received
and filed by this office as indicated.
Additional local law fil/ng forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
I1.
(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 hot use
italics or underlining to indicate new matter.
of ......................... ...................................................
Town
Local Law No .............. .~.2. .................... of the year
A local law ............ J--n--.-R-e--I-a--tJ-°--n--t-9--~J-s--h--e--r-s---Ls-I--a-n--.d---H--a--r--b-9-r-~- ....................................
Be it enacted by the ................. _T__o._w..n_.__B..o..a._r. cl._ ...................................................
of
the
~lq~ $outhold
of ............................................................................. ~ ............ as follows:
Town
Chapter 32 (Boats. docks and Wharves} of the Code of the Town of
Southold is hereby amended to read as follows:
1. Section 32-39.2A is hereby amended to read as follows:
Ao
Ail boats temporarily anchored in West Harbor and Hay Harbor
at Fishers Island shall anchor in an area assigned by the
Fishers Island Harbor Committee.
(1)
Anchoring.shall not be permitted for a continuous period of
more than three (3) days unless authorized by the
Bay Constable. which authorization may only be granted for
emergency situations. -
2. Section 32-39.2[B){5) is hereby amended to read as follows:
(5)
The location of each mooring shall be' assigned by the Fishers
Island Harbor Committee. which shall be appointed by the Town
Board.
This Local Law shall take effect upon its filing with the Se. cretary of
State.
(If additional space is needed, attach pages the sam~ size as this sheet, and number each.)
DOS-239 (Rev. 7,'91) (1)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, desi~nat.ed, as local law No ......... _1__2 ........................ of 19--9--q--
o~ the r~Y,~V~4q(TownV~'Rl~e~ of Sou:[horn ...................... ~ ........... was duly passed by the
Tow~g-c~firc'[ on May 31, 19 in accordance with the aoohcable ~rovts~ons of law.
OVame of Legisladve Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
[Name of Legislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
(Elective Chief Executive Officer*)
ia accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19--:-, and was (approved)(not.approved)(repassed after
(Name of Legidative Body)
disapproval) by the ............ : .................................... on ................... 19 ..... Such local law wa~ submitted
(Elective Chief Executive Offier*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annnal) election held on .................. 19---- . in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law NO .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief Executive Of J~cer* )
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19----, in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislativ~e body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
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 ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
(Seal)
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 the{efrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ............ , above.
Clerk of tl~County legislative body, City, Town or Villa~lerk
or officer designated by local legislative body
Judith T. Terry, Town Clerk
Date: June 1, 1994
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE
OF
NEWs.[JFFYn~r 0 k K
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
enactment of the local}law annexed hereto. -
Laury L. Dowd, Town Attorney
Title
Southold
~1¢~ of
Town
Date: JLine 1, 1-994
(3)
PUBLIC HEARING
IN
SOUTHOLD TOWN BOARD
MAY 31.1994
8:10 P.M.
THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO FISHERS
ISLAND HARBORS".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J, Lizewski
Councilwoman Alice J, Hussie
Councilman Joseph L. Townsend. Jr.
Councilwoman Ruth D- Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: I'd like to open up the meeting to the third hearing
of the night on a "Local Law in Relation to Fishers Island Harbors".
COUNCILMAN TOWNSEND: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold. Suffolk County.
New York. on the 16th day of May. 199~. a Local Law entitled, "A Local
Law in Relation to Fishers Island Harbors". Notice is further given that the
Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southoid Town Hall. Main Road. Southold. New
York. on the 31st day of May. 199~. at 8:10 P.M.. at which time all
interested persons will be heard. This proposed "Local Law in Relation to
Fishers Island Harbors"reads as follows:
BE IT ENACTED. by the Town Board of the Town of Southold as follows:
I. Chapter 32 (Boats. docks and Wharves) of the Code of the Town of
Southold is hereby amended to read as follows:
1. Section 32-39.2A is hereby amended to read as follows:
A. All boats temporarily anchored in West Harbor and Hay
Harbor at Fishers Island shall anchor in an area assigned
by the Harbor-Md=t=r or G=y Cu,,=L=ble Fishers Island
Harbor Committee.
(1) Anchoring shall not be permitted for a continuous
period of more than three [3} days unless authorized
by the I-larbor-M==L=r e~ Bay Constable. which
authorization may only be granted for emergency
situations.
2. Section 32-39.2(B){5) is hereby amended to read as follows:
{5) The location of each mooring shall be assigned by the
Fishers Island Harbor Master Committee. wh<> which shall
Pg.2 - 5/31/94'- PH F.I. Hm rs
be appointed by the Town Board.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
** Underatrike represents additions.
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: May I6, 1994. Judith T.
Terry, 5outhold Town Clerk." There is a notice of publication in The
Suffolk Times, and The Traveler-Watchman, and an affidavit from the Town
Clerk, that it was posted on the Town Bulletin Board. I don't see a~y other
communications.
SUPERVISOR WICKHAM: Thank you. Joe. Any comments from the audience
on this proposed Local Law?
LESLIE GOSS: Thank you very much. Leslie Goss from Fishers Island.
The Board of Directors of the Fishers Island Civic Association especially
agrees with the Town resolution passed a couple of weeks establishing the
Harbor Committee. I really look forward to being officially recognized now
in the Code. Again. I have a petition with 114 signatures in favor of this
proposed law. and I'd be delighted to answer any questions that any members
of the Town Board may have at this time. I know there were some concerns
at the last meetings, and i'd be happy to talk to anybody who has some
questions.
SUPERVISOR WICKHAM: Anybody on the Board with such questions?
COUNCILWOMAN HUSSIE: Well. Leslie. you might as well get it directly from
me. because I was the one who raised the objection. It's not an objection.
that has anything to do with Fishers Island per sec. but it is more an
objection to the aggregation of the authority of the Town Board over the
Fishers '~sland Harbor. or any other harbor. I'm realty troubled that this
would set a precedent, which we may not want. It would allow other
committees to form. and become, in a sense, rulers of other parts of
Southold. That was my objection, not Fishers Island per sec. but the general
concept.
LESLIE GOSS: If I could clarify for you for a moment? The Committee is
appointed by this Board. and the Committee prepares recommendations for
this Board. and you guys can shoot them down if you don't like them. or you
can adopt them if you do like them. so it's my feeling that you're not really
ailooating any power or any authority as a Town Board. What you've got is
sixteen people with a vested interest in the harbors. They're all
delegates of various user groups, and they're all willing to volunteer their
time, and intellect to put together a plan, that we think will make sense for
our harbors~ and our adjacent waters, and like I said, if you don't like it,
you don't have to pass it. Again, this committee is only around for a year.
SUPERVISOR WICKHAM: Thank you. Leslie. Are there any other comments
from the audience on the question of the Harbor Committee for Fishers
island, and the Local Law that embodies it? [No response. J If not. we'll the
proceed to the fourth public hearing for the evening.
LEGAL' NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
;;'P;U~BLIC NOTICE, 'IS
'~I~P-~.BY GIVEN. ~ai
-has'-.Been Preened :to the
Town Board of ~he Town of
~_'South~Id~ ~ffolk Coudty,
~New York,on t~e 16th ~y of
hla~~, ]994, a L~ Law en~fl-
'ed, "A ~cal Law in ~ation
lo ~she~ Ifl~'d
:' NOT[CE IS FURTHER
GIYEN'~at the~To~6fi
of ~ T~ of Southold
:hold a public a~elng on the
~ror~a Loc~ Law'a~
,~Southold Town HMI Ma~
~Road, SouthqId, New ~brk,
'on Ihe 31~t day of Mai. 1994,
a~ 8:I0 P.M.. a~ ~ch nme
~interested persoas ~ll be
~e~d... -' - . :
[ T~s p?o~sed "Kohl La~
~n Relation to'Fis~ Island
~Harbo~" read~ as t~llow~:
~outhold as f~o~:
:~ I. Chapter 321B~[~; d~k~
~d xxha~'~) of the' ~0de
~he %wa of Somhold
~hereby'~de& ~ r~d
follows:
. ~ to re~ ~- followR:
:~ A. ~'boats ~po~fly
,*ancho~d M ~st H~r ~d
~Hay H~bor at F shots island
sh~l.anc~or ~n ~ ~ea assign-
ed by the [H~v MasKer or
Bay Con--lei ~shers'~d
: ~arbor Comttdttee~
% (1} a~horlng sha[I,no~ be
:per,trod for a ~utinuous
:peri~ of mo~ ~ ~ree
days u n[esg a~horized by ~e
~arbot Mage~ or B~- Con-
~tab[~ whi~ author~d~
may only be ~anzed
~merg~%,
2. Sec~on ~2-39.2(B)i5)
'her~y amended-to read as
go[lows:
, (5) The Io~tion 'of e~h
mooring s~ll be assigned b~
~e Fishers [sl~d H~bor
[Ma~r] Cotntnfftee. [whol
n'hich sh~l be a~oMted
· e Town Bo~d
tI..This -LoCal Law shall
take effect upon its fflingwith
the Secremry;.of StAte ; ::,
Italia rq, pr~sents add¢~io~.*~
[Braekets],represent deletions.
Copies of this Local Law
are available in the Office of
the Town Clerk .to any in-
terested persons gluring
business hours.
Dated: May 16, 1994
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
IX-5/26/94(8)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn,
says that she is the Editor, of the
TRAVELER-WATCHMAN, a public
newspaper printed at Southold, in
Suffolk County; and that the notice
of which the annexed is a printed
copy, has been published in said
Traveler-Watchman once each week
for
........................... weeks
successLvely, commencing on the
dayc:;;1 of ..... ..~..~-'~. ............ '
19. fl...
CA.
Swor n~/ to before me on %his
· . . .~O-~..~'. day of
Notary Public
BARBARA k SCHNE'IDER
NOTARY PUBLIC, State of Ne'$
No, 481F~46
Qua[died in Suffolk Count~
STATE OF NEW ~
} SS:
OUNT ' OF SUFFOLK)
of Mattituck. in
said County, being duly sworn, says that he/she
is Principal Clerk of THE SD-FFOLK TIMES, a
Weekly Newspaper, published at Mattltuck, 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 reg, dn=-
ly published in said Newspaper once each week
weeks successively, commencing on
the __~.~_~day of ~ 19q4.
CHRISTINA VOLINSFJ ~
~lary Public, State of New Yo~
;~o. 5004884 /~,,/ Principal Clerk
{)ualified in Suffolk County ~ (1
day of~~_xg__~__~