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HomeMy WebLinkAboutLL-2001 #20Local 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 matxer. Town of Villagz SOUTHOLD LOCAL LAW NO. 20 2001 BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92, Section 92-30 (¥ehicles.& Traffic) of the Code of the Town of Southold is hereby amended as follows: Stop Sign on Oaklawn Avenue Direction At Inter- Hamlet Of Tray61 section with North & South Wells Road West Jockey Creek Drive East Wells Road & Southold Jockey Creek Drive Oaklawn Avenue Southold Oaklawn Avenue Southold (If additional space is needed, attach pages the same size as this sheet, and number each.) DO8-239(Rev. 11/99) (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.) I hereby certify that the local law annexed hereto, designated as local law No. 20 of 20 01 of the ~(Town) (V21xgz) of SOUTHOLD was duly passed by the TOWN BOARD on November 8 ,20 01 , in accordance with the applicable provisions of law. 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 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 and was deemed duly adopted on 20 , ~n accordance with the applicable provisions of taw. 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 cfa (mandatory)(permissive) referendum, and received the affirmative vote cfa 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 ~ed 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 pernnssive 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. (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 20 of the City of having been submitted to referendum pursuant to the provlsmns 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 at local law No of 20 __ of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a umt 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 therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Cler~of tl~ounty legislative b6dy~ity. Term or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: November 14, 2001 (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 contains the correct text and that all proper proceedings have been had or taken for the enactment 'of the local law annexed hereto. ~Ia~ ~llso~, Esq., Assistant Town Attorney Gregory F. Yakaboski, Esq., Town Attorney Title Town of SOUTHOLD Date: (3) November 14, 2001 STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY I ;::'2...3 I-OOO ! RECEIVED DEC - 3 2O0] RANDY A. DANIELS Soulhold Town Cler~r November 27, 2001 ELIZABETH A. NEVILLE TOWN HALL 53095 Main Road P.O. Box 1179 SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 20, 2001, filed 11/19/2001 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 WWRV. BOS,STATE NY.US ' E-MAIL: INFO@DOS.STATE.NY.US ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL ST~ MARRIAGE OFFICE RECORDS MANAGEMENT ! FREEDOM OF INFORMATIO] CERTIFIED MAIL RETURN RECEIPT New York State Depm State Records and Lay 41 State Street Albany, NY 12231 Town Hall, 53095 Main Road The following materiai has been rece~ ~ Code ~s supplemen~i pages (where applicable): Local Law No. 20-2001. Generai Code Publishers Phone: 800/888-8834 Fax: 718/328-8! 89 ~own of Southotd C/O Clerk's Office PO Box 1 i 79 Southoid. NY 1197i Local Law Number 20 of 2001 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 20 of 2001 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 - SENDER: COMPLETE THIS SECTION · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Deliver3, is desired.- · Print your name and address on the reverse so th'at we can return the card to you. · Attach this card to the back of the mail piece, or Oh';the front if space permits. 2. Article Number (Copy from service/abe/) ~S Form 3811, July 1999 COMPLETE THtS SECTION ON DELIVERY A. Received by(Please Pdnt Clear/y) I B. Date of De ivery Sgnat v0V ' ~ I 9 zOOt I-I Agent ~, [] Addressee D. Is delivery address different from item 17 [] Yes If YES, eft[er delivery address below: [] No 3. Sero_ice Type []~grtified Mail [] ExpreSS Mail []~egistered [] Return Receipt for Merchandise [] In~ured Mail [] C.O.D. 4. Restricted De very? (Extra Fee) [] ye~ 3os ' o qq Domestic Return Receipt I02$O6-OO-M-O06~ 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 _~*t4 day of (~ ,2001, 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. Notice of Public Hearing: Four Way Stop at Oaklawn Avenue, Jockey Creek Drive & Wells Road, Southold Thursday, November 8, 2001 4:35 pm abeth ~k. NevilleF- Southold Town Clerk Swo ~ttb, efore rile this ,Q,.~ tta. y of (_}) ~ ,2001. PUBLIC HEARING November 8, 2001 4:35 P.M. ON THE PROPOSED "LOCAL LAW IN RELATION TO INSTALLING A FOUR-WAY STOP SIGN AT THE INTERSECTION OF OAKLAWN AVENUE, WELLS AVENUE AND JOCKEY CREEK DRIVE, SOUTHOLD". Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter * * * Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR COCHRAN: Mr. Richter, would you please read the public notice? COUNCILMAN RICHTER: It would be my distinct pleasure to do so. "NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 23ra day of October, 2001, a Local Law entitled "A Local Law in Relation to installing a four-way stop at the intersection of Oaklawn Avenue, Wells Avenue, and Jockey Creek Drive, Southold", now, therefore, be it 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 Southold Town Hall, 53095 Main Road, Southold, New York on the 8th day of November, 2001 at 4:35 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to installing a four-way stop at the intersection of Oaldawn Avenue, Wells Avenue, and Jockey Creek Drive, Southold", which reads as follows: LOCAL LAW NO. of 2001 BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92, Section 92-30 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: Stop Sign on Direction Of Travel Oaklawn Avenue North & South Wells Road West Jockey Creek Drive East At Inter- Hamlet section with Wells Road & Southold Jockey Creek Drive Oaklawn Avenue Southold Oaklawn Avenue Southold Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. 1II. This Local Law shall take effect immediately upon filing with the Secretary of State. By order of the Southold Town Board of the Town of Southold, October 23, 2001. Elizabeth A. Neville, Southold Town Clerk." I have written correspondence, which is very unusual. In support of this I have two letters in support. I have a notice it was published in the local paper, and on the Town Clerk's Bulletin Board. SUPERVISOR COCHRAN: You have heard the reading of the public notice in relation to a Stop Sign down at Wells Avenue and Jockey Creek Drive. Anyone like to address the Town Board in relation to this change in the Code for a stop sign? Yes, Ma'am? VIRGINIA RUBIN: I am Virginia Rubin, and we live two house in from this intersection that we are talking about, and in the past, I guess, five or six years there are have been three accidents at that comer, two of them fatal. The man in the most recent accident passed away last week, and his wife is still in critical condition at Stony Brook. I guess the accident happened about 2:30, and the kids would have been walking home fi:om school within about fifteen minutes from that, so we are kind of afraid for the children, and we have a few handicapped children living in the area on the comer, and you know; we really think it would slow down traffic on Oaklawn Avenue if we had a four way stop sign there. SUPERVISOR COCHRAN: Thank you for your input. Anyone else like to address the Board in relation to the stop sign? JEFF RUSSELL: I live on the comer of Oaklawn and Jockey Creek. My name is Jeff Russell, and I actually took care of those two people that one of them died. It is a very dangerous intersection. That is why I am here today. There is a lot of children on the street. Forty minutes later, I mean it was that horrific, we could have had twelve or fifteen children get killed. So, I think you really need to think about that. SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the stop sign on Wells Avenue, and Jockey, and Oaklawn? (No response.) If not, I will close the hearing. Southold Town Clerk LEG~L~NOTICE: · 'NOTICE. OF P, UB'LIc HE~RING - NOTICE IS.HEREBY GIVEN tha("'~h~e has been presented to the Town Board of the:To~vff~.Of~'South01d,. Suffolk ·County, New York· on the 23rd day. of _October, 200I:, a Local. Law. entitled q~A Local Law ~n Relation to installing a · t'ourrway stop at thei/ttei'sectioa, of Oaklawn AvenUe, Wells Avenue,'and.'Jo~key "'Creek' Drive,· Soathold~?,: now therefore, . NOTICE tS.FURTHER .GIVEN that,~the Town Board of the Town of South(~id wilt.hold 'a'.pubh~c'hbarJng on the·aforesaid Local Law'at/the SOuthold.Town Halli 53095 Maln. Road·,·: South01d; New ·York on.'the' 8th day of November~' 200ii!ai.:.4:,35 p.m.,: at Which time..ali, interested persons Will·· be giv~i):an.op..p0~tu~ tb':be heard. This proposed:"A 'Local. La~v in ·Relation·to ..inst~0u~hyi~0P. at:the intersection .of Oaldawn. A~efit~e,.Wells Avenuei. :and J~Cgey C~'Dti*e~:South01d", Which':~ds as follOWs:'.' " LOCAL LAW .NO. Of 2001 ':BE'IT EI~AC~ED, b~ the Town Board· Of the Town.of Southold as follows: -' ii' Chapter '9~,..g6~ti~n~ 92~30 (Vehicles:'& 'Tra~¢)' Of .the'C0de bf..the Town of S0uthold' isi~her~b~ilhmendedas .folbWS: Stop'Sign on Direetioh At'Inters- . Hamlet :;~,0f Travel . section with Oaldhwn Avenue North & South Wells- Road & Southold · ' ...... ' ' ' Jockey Creek Drive . We]l~ 'Road 'West Oaklawn Avenue Southold JockeY Creek Drive. East Oaklawn Avehue SoUthold. . .. II. Severabilit~: Ifa SeCtion'or subseCtiOn, paragraph clause, phrase'or pro- visi~fis'..of this iff~'shaii be'jUdged invalid 6rheld unC°ngtitUti0hal by'.any'~ourt of c6mp~t~n~jU~isdi~ti0n, .'any:.jUdgmeht.'m'fide thereby ~i~fili"n0i" affect 'the validit~ of thiS'l'aW::aSl, a.~,vh01e or. any pfirt' thereof other than?the, p~rt or. pro- vlsi6n so adjudged ('o b'e'invalid or i]n~onstitutional." · · " · '... HI: This Local Law:;'shall take effect immediately hP6n filing ~vith the Secretary of State. BY ORDER OF.THE SOUTHOIJD'.TOWN BOARD OF THE TOWN 'OF SOUTHOLD,-OCTOBER 23, 2001 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 2099-1TN1 STATE OF NEW YORK) )SS: CO~-Y~OF SUFFOLK) ~;/'ff~FL'-' 'of Mattituck, in said county, being duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weeldy newspaper, pub- lished 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 pub- lished in said Newspaper once each week for /' Weeks successively;, commencing on the f day of /d/fOff6'/~,- 20~  / Pd'ncipal Clerk Sworn to before me this dayof /v'=/~.-. 20 DAVID W. OLSEN /~/ ./,~',~ Notary Public. State of New York No. 02OL6020974 ~ommission Expires March 8, 20