HomeMy WebLinkAboutSouthold Park District PAUL M.DeCIIANCE �d, ALBERT J.KRUPSKI,JR.
TOWN ATTORNEY � � � � ",1Supervisor
pauldQsoutholdtownny.gov
JAMES A.SQUICCIARINI p Town Hall Annex, 54375 Route 25
DEPUTY TOWN ATTORNEY h P.O. Box 1179
jacks®southoldtownny.gov
Southold,New York 11971-0959
JULIE M.McGIVNEYW
ASSISTANT TOWN ATTORNEY �'""" °�"�"� Telephone(631)765-1939
juliem®southoldtownny.gov Facsimile(631)765-6639
BENJAMIN JOHNSON OFFICE OF
ASSISTANT TOWN ATTORNEY THE TOWN ATTORNEY
benjaminj@southoldtownny.gov TOWN OF SOUTHOLD
February 20, 2024
Sent Via Email stazio@nysenate.gov
Hon.Anthony H. Palumbo
Office of the State Senate—District Office
400 W Main Street, Ste 201
Riverhead, New York 11901
Attn: Chris Stazio, Chief of Staff
Re: Home Rule Laws S.7930/A.8585 (Amend Chap 234 to appoint Park Dist.Treasurer)
S.6589/A.7012 (Authorizing CPF refund)
S.6589/A.7030(Authorizing CPF refund)
Dear Honorable Sir:
Responding to yours of January 29, 2024, please be advised that the Town Board of the Town of
Southold has had opportunity to review and consider these matters. At its February 13, 2024 hearing,
the Board adopted Resolution 2024-155, supporting the bill introduced in the State Legislature as Senate
Bill 5.7930 and Assembly Bill A.8585, which proposes an amendment to Chapter 234. A copy of the
Resolution is attached. The Town Clerk will provide your office with the completed form requested.
Please further note that the remaining two matters that request CPF tax refunds did not have
the support of the Town Board as the parcels did not qualify for such exemption at the time of title
transfer. As a result, no motion of the Board was attained on these requests. By this writing, I have been
authorized to advise you that the Town Board does not support these pending bills (S.6589/A.7012 and
S.6589/A.7030).
We thank you for support and attention to thel matters.
vTip ly Yours,
Paul M DeChancd
Southold Town Attorney
CC:Albert J Krupski,Jr,Supervisor
Denis Noncarrow,Town Clerk
�LyyN Riff q;
RESOLUTION 2024-155
ADOPTED DOC ID: 19968
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-155 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 13, 2024:
WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.7930 and
Assembly Bill A.8585 and
WHEREAS, the bill relates to appointing instead of electing a Treasurer for the Southold Park
District of the Town of Southold, County of Suffolk, now, therefore be it,
RESOLVED that pursuant to Article IX of the Constitution,the Town Board of the Town of
Southold licrel reg"ests the enactment of Senate Bill 5.7930 and Assembly Bill A-8585
entitled "AN ACT to amend chapter 234 of the laws 90Z relatili g to 1111th0r iri1'k g the
formation of a park district in the town of` outh� ld Suffolk Coun to ac wire lands for
park vtir°)oses an(] to issue bonds therefor, in relation to ap ointment of a treasurer by the
park commissioners"
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Brian O. Mealy, Councilman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
THE SENATE
ALBANY OFFICE STATE OF NEW YORK DISTRICT OFFICE
604 LEGISLATIVE OFFICE BLDG. 400 W.MAIN ST.,STE.201
ALBANY,NY 12247
RIVERHEAD,NY 11901
518-455-3121 ` 5�
631-461-9100
(F)518-426.6826
(F)631-727-2905
SENATOR
ANTHONY H. PALUMBO
IST SENATE DISTRICT
RECEIVE®
JAN 2 9 2024
January 29, 2024 Southold Town Clerk
Denis Noncarrow, Clerk
Town of Southold
53095 Main Road
Southold,New York 11971
Constitutional provisions mandate that certain bills require a Home Rule Request before the
Legislature can act upon them. S.7930/A.8585 is one such bill. (copy attached).
We respectfully request that your office assist us in having the Home Rule Request completed
and returned as instructed on the back of the form. The form can be accessed at
https://www.nysenate.gov/home-rule-form.
Your prompt attention to this request is most appreciated.
Since ly you
Anthony H. Palumbo
0
td
-1/296i-11:05 AM Legislative Information-LBDC
NEW FORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S7930
SPONSOR: PALUMBO
TITLE OF BILL:
An act to amend chapter 234 of the laws of 1907 relating to authorizing
the formation of a park district in the town of Southold, Suffolk coun-
ty, to acquire lands for park purposes, and to issue bonds therefor, in
relation to appointment of a treasurer by the park commissioners
PURPOSE:
To provide for the appointment of the treasurer of the Southold Park
District.
SUMMARY OF PROVISIONS:
Section 1. Amends section 2, 3 and 4 of Chapter 234 of the Laws of 1907
which created the Southold Park District in the town of Southold,
Suffolk County, by providing for an appointed rather than elected treas-
urer of the district. The park commissioners would appoint the treasur-
er.
Section 2. Immediate effective date.
1
3USTIFICATION:
The original park district, established in 1907, provided for an elected
treasurer who had to be a resident of the district. In recent years it
has become increasingly difficult to find individuals to run and serve
in this role. By enacting this change, which has been endorsed by the
Board of Commissioners of the Southold Park District, the district will
have the ability to appoint an individual who possesses the required
skills to serve as the treasurer.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately
https://nysirs.state.ny.us/nyslbdcl/navigpte.cgi?NVDTO: 3/3
1/29/24,11:05 AM Legislative Information-LBDC
STATE OF NEW YORK
7930
IN SENATE
January 3, 2024
Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend chapter 234 of the laws of 1907 relating to authorizing
the formation of a park district in the town of Southold, Suffolk
county, to acquire lands for park purposes, and to issue bonds there-
for, in relation to appointment of a treasurer by the park commission-
ers
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Sections 2, 3, and 4 of chapter 234 of the laws of 1907
2 relating to authorizing the formation of a park district in the town of
3 Southold; Suffolk county, to acquire lands for park purposes, and to
4 issue bonds therefor are amended to read as follows:
5 § 2. When such park district has been established in the manner above
6 provided, .the legal voters thereof may elect three residents thereof to
7 be the park commissioners, one of whom may be a female over twenty-one
8 years of age, for a term of one, two, and three years respectively[—,-and
9 The park commissioners shall appoint a treasurer in
10 such park district [For a term of thiree years,] who shall be entitled to
11 receive and have custody of the funds of the district .and pay out .the
12 same for the purposes herein provided for, on the order of the park
13 commissioners, which treasurer, before entering upon the duties of his
14 office, shall give such security as the board of park commissioners may
15 require.
16 § 3. The first election of such park commissioners and appointment of
17 such treasurer shall be called by the clerk of the town of Southold,
18 within thirty days from the formation of said district by the posting of
19 notices conspicuously of such election in at least four of the most
20 public places in said district and publishing the same in a newspaper
21 published therein for two weeks immediately preceding such election and
22 appointment.
23 § 4. All subsequent elections an�ppointments shall be called in the
24 same manner by the clerk of the town of Southold, not less than thirty
25 days prior to the expiration of the term of office of any such commis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[—] is old law to be omitted.
LBD13803-01-3
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�L 1/29/24 11:05 AM Legislative Information-LBDC
S. 7930 2
1 sioners or of the treasurer; special elections or appointments to fill
2 any vacancies shall be called in the same manner, within thirty days
3 after any such vacancies shall occur; all elections for commissioners
4 [ ] shall be by ballot.
5 § 2. This act shall take effect immediately.
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y 1/29/24,:11:05 AM Legislative Information-LBDC
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8585
SPONSOR: Thiele
TITLE OF BILL:
An act to amend chapter 234 of the laws of 1907 relating to authorizing
the formation of a park district in the town of Southold, Suffolk coun-
ty, to acquire lands for park purposes, and to issue bonds therefor, in
relation to appointment of a treasurer by the park commissioners
PURPOSE:
To provide for the appointment of the treasurer of the Southold Park
District.
SUMMARY OF PROVISIONS:
Section 1. Amends Sections 2,3 and 4 of Chapter 234 of the Laws of 1907
which created the Southold Park District in the town of Southold,
Suffolk County, by providing for an appointed, rather than elected,
treasurer of the district. The park commissioners would appoint the
treasurer.
Section 2. Immediate Effective Date
3USTIFICATION:
The original park district, established in 1907,provided for an elected
treasurer who had to be a resident of the district. In recent years, it
has become increasing difficult to find individuals to run and serve in
this role. By enacting this change, which has been endorsed by the Board
of Commissioners of the Southold Park District, the district will have
the ability to appoint an individual who possesses the required skills
to serve as the treasurer.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately.
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X1/29/24,41:05 AM Legislative Information-LBDC
STATE OF NEW YORK
8585
IN ASSEMBLY
January 12, 2024
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT to amend chapter 234 of the laws of 1907 relating to authorizing
the formation of a park district in the town of Southold, Suffolk
county, to acquire lands for park purposes, and to issue bonds there-
for, in relation to appointment of a treasurer by the park commission-
ers
The People of the State of New York, represented in Senate and Assem-
bly., do enact as follows:
1 Section 1. Sections 2, 3, and 4 of chapter 234 of the laws of 1907
2 relating to authorizing the formation of a park district in the town of
3 Southold, Suffolk county, to acquire lands for park purposes, and to
4 issue bonds therefor are amended to read as follows:
5 . § 2. When such park district has been established in the manner above
6 provided, the legal voters thereof may elect three residents thereof to
7 be the park commissioners, one of whom may be a female over twenty-one
8 years of age; for a term of one, two, and three years respectively[—,-Mid
9 may also ems.]. The park commissioners shall appoint a treasurer in
10 such park district [ ,] who shall be entitled to
11 receive and have custody of the funds of the district and pay out the
12 same for the purposes herein provided for, on the order of the park
13 commissioners, which treasurer, before entering upon the duties of his
14 office, shall give such security as the board of park commissioners may
15 require.
16 § 3. The first election of such park commissioners and appointment of
17 such treasurer shall be called by the clerk of the town of Southold,
18 within thirty days from the formation of .said district by the posting of
19 notices conspicuously of such election in at least four of the most
20 public places in said district and publishing the same in a newspaper
21 published therein for two weeks immediately preceding such election and
22 appointment.
23 § 4. All subsequent elections and appointments shall be called in the
24 same manner by the clerk of the town of Southold, not less ,than thirty
25 days prior to the expiration of the term of office of any such commis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[—] is old law to be omitted.
LBD13803-01-3
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1/29/24 X11:05 AM Legislative Information-LBDC
A. 8585 2
1 sioners or of the treasurer; special elections or appointments to fill
2 any vacancies shall be called in the same manner, within thirty days
3 after any such vacancies shall occur; all elections for commissioners
4 [ ] shall be by ballot.
5 § 2. This act shall take effect immediately.
https:/Inyslrs.state.ny.us/nyslbdcl/navigate.cgi?NVDTO: 2/3
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution,the..TOWn
(county,city,town or village)
Southold ....requests the enactment of Senate bill(no....... . .............................. . )
m
(name) sse y
entitled" (strike out one)
An act to amend chapter 234 of the laws of 1907 relating to authorizing the formation
of a park district in the town of Southold, Suffolk county, to acquire lands for park
purposes, and to issue bonds therefor, in relation to appointment of a treasurer by
the park commissioners
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
QThe local government does not have the power to enact such legislation by local law.
Other facts,as set forth in the following"Explanation"establish such necessity.
EXPLANATION
(If space below is not sufficient,use separate sheet and attach here)
Such request is made by: (Check appropriate box)
The chief executive officer of such local government,concurred in by a majority of the total membership of the
local legislative body. (See paragraph A below)
The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total membership
of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words"two-thirds"below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)..........................................................................
(chief executive officer)
Albert J. Krupski, Jr.
..........................................................................
(Print or type name below signature)
Date:............................................ 20......... ..Superv. . isor... . .... ......... ...................................................
(Title of chief executive officer)
CLERK'S CERTIFICATION
I Denis Noncarrow ...., do hereby certify that I am Clerk of the,TOWn
(print or type name) (local legislative body)
Board.................................................................................. of the .TOW..................................................................
(county,city,town or village)
of.Southold...............................................................and that on the........................day of
(name)
20 , such legislative body, at least tv?9Ml<ds
a majority of the total membership having voted in favor thereof,
approved the foregoing request. (strike out one)
(Signed)............................................................................
(SEAL Of LOCAL (clerk)
GOVERNMENT) Denis Noncarrow
..........................................................................
(Print or type name below signature)
Date:............................................ 20.........
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
(a) if the bill has been introduced in only one House of the Legislature,four copies of the request
form must be filed,i.e.,two with the Senate and two with the Assembly.
(b) If the identical bill has been introduced in both Houses,eight copies of the request form must
be filed,i.e.,two with the Senate and two with the Assembly for the Senate bill and the same for
the Assembly bill.
Date of request:
The signing of a home rule request or the adoption of a resolution by the local legislative body approving
such request cannot precede the date on which the bill is actually introduced in the Legislature.In the case of
prefiled bills,the actual date of introduction is the first day of the legislative session.The request may be signed
or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed(with the appropriate number of copies)and the
new request must correctly identify the bill number as last amended.The signing of the request,and the date of
the supporting resolution,cannot precede the date of the amendment.
Transmittal:
The signed forms should be sent as follows:
To the Senate: To the Assembly:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
208 Legislative Office Building 210 Legislative Office Building
Albany,N.Y. 12247 Albany,N.Y. 12248
Definition of terms:
Chief executive officer.
In the case of a county,the elective or appointive chief executive officer,if there be one,or otherwise the
chairman of the board of supervisors;in the case of a city or village,the mayor(not manager);and in the
case of a town, the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors,board of aldermen,common council,council,commission,town board,board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county,city, town or village(Const.Art.IX, §3;Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more,but not all,counties(other than those
wholly included within a city)cities,towns or villages.(Const.Art.IX§3;Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, § §20,40)
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution, the..TOWn Of
......................................................................................
(county,city,town or village)
Southold
.....requests the enactment of Senate bill(no.S:7930 )
(name)
Assembly
entitled" (strike out one)
An act to amend chapter 234 of the laws of 1907 relating to authorizing the formation
of a park district in the town of Southold, Suffolk county, to acquire lands for park
purposes, and to issue bonds therefor, in relation to appointment of a treasurer by
the park commissioners
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
QThe local government does not have the power to enact such legislation by local law.
Other facts,as set forth in the following"Explanation"establish such necessity.
EXPLANATION
(If space below is not sufficient,use separate sheet and attach here)
Such request is made by: (Check appropriate box)
WlThe chief executive officer of such local government,concurred in by a majority of the total membership of the
local legislative body. (See paragraph A below)
The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total membership
of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words"two-thirds"below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)..........................................................................
(chief executive officer)
Albert J. Krupski, Jr.
...........................................I..............................
(Print or type name below signature)
Date:............................................ 20......... S.uperv. . isor... .... ......... ...................................................
("title of chief executive officer)
CLERK'S CERTIFICATION
I Denis Noncarrow do hereby certify that I am Clerk of the.Town
.................................................. .........
(print or type name) (local legislative body)
Board.................................................................................of the .TOW...................................................................
(county,city,town or village)
Southold ..............................................and that on the........................day of....................................,
Of....................................name)
myds
20 , such legislative body, at least a majority t of the total membership having voted in favor thereof,
approved the foregoing request. (strike out one)
(Signed)............................................................................
(SEAL OF LOCAL (clerk)
GOVERNMENT) Denis Noncarrow
..........................................................................
(Print or type name below signature)
Date:............................................ 20.........
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
(a) If the bill has been introduced in only one House of the Legislature,four copies of the request
form must be filed,i.e.,two with the Senate and two with the Assembly.
(b) If the identical bill has been introduced in both Houses,eight copies of the request form must
be filed,i.e.,two with the Senate and two with the Assembly for the Senate bill and the same for
the Assembly bill.
Date of request:
The signing of a home rule request or the adoption of a resolution by the local legislative body approving
such request cannot precede the date on which the bill is actually introduced in the Legislature.In the case of
prefiled bills,the actual date of introduction is the first day of the legislative session.The request may be signed
or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed(with the appropriate number of copies)and the
new request must correctly identify the bill number as last amended.The signing of the request,and the date of
the supporting resolution, cannot precede the date of the amendment.
Transmittal:
The signed forms should be sent as follows:
7o the Senate: To the Assembly:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
208 Legislative Office Building 210 Legislative Office Building
Albany,N.Y. 12247 Albany,N.Y 12248
Definition of terms:
Chief executive officer.
In the case of a county,the elective or appointive chief executive officer,if there be one,or otherwise the
chairman of the board of supervisors;in the case of a city or village,the mayor(not manager);and in the
case of a town,the supervisor. (Municipal Home Rule Law§40)
Local legislative body.
The board of supervisors,board of aldermen,common council,council,commission,town board,board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county,city,town or village(Const.Art. IX, §3;Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more,but not all,counties (other than those
wholly included within a city)cities,towns or villages.(Const.Art.IX§3;Municipal Home Rule Law§2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, § §20,40)