HomeMy WebLinkAboutFIFD - Amendment to Establishment of District 1985
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ROBI':RT W. TASKER
Town Attorney
OFFICE OF TOWN ATTORNEY
TOWN OF SOUTHOLD
TELEPHONE
(516) 477-1400
RECEIVED
NOV 2 2 1985
425 MAIN ST.
GREENPORT, L.l., NEW YORK II944
Town Clerk SouthoId
November 20, 1985
Assemblyman Joseph Sawicki
P. O. Box 1060
206 Griffing Avenue
Riverhead, New York 11901
Re: Amendment to Special Act providing for the
establishment of the Fishers Island Ferry
District (Chapter 699 of the Laws of 19117)
Dear Joe:
Under the terms of the Special Act authorizing the establishment of the
Fishers Island Ferry District, all real property acquired for the use of
the district is acquired in the name of the Town of Southold.
The Fishers Island Ferry District Commissioners, as well as some of the
residents and property owners in the ferry district, have requested that
the Town Board have the act amended to prohibit the sale or conveyance
of any real property within the ferry district and acqui red or used, or
intended to be used, for ferry district purposes unless such sale or
conveyance is authorized (1) by a majority of the Board of Commissioners
of the ferry district, and (2) by a majority vote of the electors and
property owners in the district voting at a special or annual district
meeting.
I have drafted a proposed Bill which adds a new Section 16 to the ferry
district act to provide that no such sale or conveyance shall be made by
the Town Board without prior approval of a majority of the Commissioners
and a majority of the residents and property owners in the district and a
copy of such legislation is enclosed herewith. A copy of this proposed
legislation is also being sent to Senator Kenneth LaValle.
On behalf of the Commissioners of the Fishers Island Ferry District and
the Town Board of the Town of Southold, I hereby request that such
legislation be introduced in the 1986 Session of the New York State
Legislature.
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If you have any questions or wish further information concerning this matter,
I would happy to supply the same.
Yours very truly,
ROBERT W. TASKER
RWT :aa
cc: Judith T. Terry, Town Clerk
Mr. Phillip Knauff
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AN ACT to amend chapter six hundred ninety-nine of the laws of
nineteen hundred forty-seven, relating to authorizing the creation of
Fishers Island ferry district in the town of Southold, Suffolk county
and providing for the election of its officers and management of its
affairs in relation to the sale or conveyance of real property in said
district
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. Chapter six hundred ninety-nine of the laws of nineteen
hundred forty-seven, relating to authorizing the creation of Fishers
Island ferry district in the town of Southold, Suffolk county and
providing for the election of its officers and management of its affairs is
hereby amended by adding thereto a new section, to be section sixteen,
to read as follows:
Section 16. Notwithstanding the provisions of this chapter, or the
provisions of any other general or special law, the town board of the
town of Southold shall not sell or convey any of the real property or
interest in real property, located within the boundaries of the Fishers
Island ferry district at Fishers Island, in the town of Southold, Suffolk
county, and acquired, used or intended to be used for any of the
purposes of the Fishers Island ferry district unless, (1) such sale or
conveyance shall have been approved in writing by a majority of the
commissioners of the Fishers I sland ferry district, and (2) such sale or
conveyance shall have been approved by a majority vote of the electors of
the ferry district and the owners of real property situate within the ferry
district assessed upon the last preceding town assessment roll voting
upon a proposition therefor to be submitted at a special or annual meeting
of the ferry district. At least thirty days before any special or annual
meeting to vote upon such a proposition, the ferry district commissioners
shall adopt a resolution which shall designate the date and place of such
meeting; the hours of opening and closing of the polls, which shall be not
less than four (4) consecutive hours between eight o'clock in the forenoon
and eight o'clock in the evening. The commissioners shall give notice of
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such meeting by the publication of a notice in a newspaper or
newspapers having general circulation in the district, specifying the time
when and the place where such meeting will be held, the hours dur'ing
which the polls will remain open for the purpose of receiving ballots and
setting forth in full all propositions to be voted upon. The first
publication of such notice shall be at least twenty days prior to the t.ime
of such meeting. In addition, the commissioners shall post, or cause to
be posted, a copy of such notice in five public places in the district at
least twenty days prior to the time of such meeting. In all other
respects the meeting to vote on such proposition or propositions shall be
conducted in the same manner as provided herein for voting at annual
district meetings.
Section 2. This act shall take effect immediately.
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 20, 1985
Robert P. Knauff, Manager-Secretary
Fishers Island Ferry District
Fishers Island, New York 06390
Dear Phil:
The Southold Town Board at their regular meeting held on November 19,
1985 took the following action with regard to the Fishers Island Ferry District:
Authorized the following transfer within the Fishers Island Ferry District
1985 Budget:
From: Surplus $40,000.00
Into: Operation Ferry $ 6,880.00
Pay rolls 17 ,000. 00
Social Security 1,220.00
Airport 5,000.00
Repairs Ferry 8,000.00
Hospitalization 1,900.00
Authorized the following appointments to fill vacancies within the Fishers
Island Ferry District personnel roster:
Operator' - Eugene M. Henson, Fitchville, Ct., $8.56 per hour.
Deckhand - Frederick C. Barrett, Jr., New London, Ct., $5.07 per hour.
Authorized "AN ACT to amend chapter .six hundred ninety-nine of the laws of
nineteen hundred forty-seven, relating to authorizing the creation of Fishers Island
Ferry District in the Town of Southold, Suffolk County and providing for the election
of its officers and management of its affairs in relation to the sale or conveyance of
real property in said district" to be forwarded to the New York State Legislature for
its consideration in the 1986 Legislative. Session which convenes in January 1986.
Town Attorney Tasker will transmit the amending legislation which included two
minor changes noted in red on the attached copy.
Very truly yours,
p./r--
Judith T. Terry
Southold Town Clerk
Attachment
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Fishers Idan.d Ferry District
Dumel Cnaltd lry Speeial Acr of lJ'ht N. Y. Stalt Ltgis14tUTt {WUlJ of N. Y.. (9of7. ChapttT 600)
FISHERS ISLAND. NEW YORK 06390
ROBERT P. KNAUFF
Manager. Secretary
BOARD OF COMMISSIONERS
REYNOLDS duPONT, JR., Chairman
RAYMOND F. DOYEN
RICHARD S. BAKER
JOHN c. EVANS
THOMAS F. DOHERTY, JR.
TELEPHONE 788-7463
Area Code 516
November 14, 1985
Mr. Francis J. Murphy
Supervisor, Town of Southold
53095 Main road
Southold, NY 11971
Dear Mr. Murphy:
At a special meeting of the Board of Commissioners of the
Fishers Island Ferry District held this date several items
of business, including an audit of the outstanding obliga-
tions of the District, were discussed and acted upon.
Four resolutions were passed by the Board of Commissioners
and are attached hereto.
Resolution No.4 deserves some comment as it is proposed
legislation to amend the act which created the Ferry Dis-
trict. As the Town Board is well aware, there was a great
deal of concern expressed at the annual Town Board meeting
held on Fishers Island on August 7, 1985 regarding the
master plan and possible uses of the old parade ground on
the airport property. As was stated at the meeting, the
Town could not simply transfer the property to another party
without receiving a fair market value; and, there was no
guarantee that zoning applied one day could not be changed
the next. Subsequent investigation by persons involved with
The Trust for Public Land found no existing protection from
the possibility of the land being converted to an "unwanted"
use. Accordingly, legislation has been prepared which would,
while not conveying ownership of any kind, give the Ferry
District Commissioners and the electors of the district and
owners of real property situate within the district a mea-
sure of say over possible future use of Ferry District pro-
perties.
Very truly yours,
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~~ber P. Knauff /)7
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Attachments:
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F. I. Ferry Dist. Itr dtd 11/14/85
page 2
Moved by Commissioner Doyen, seconded by Commissioner Doherty
1. WHEREAS the Fishers Island ferry district has incurred
outstanding obligations $8,675.29 as represented by vouchers
498 through 517 inclusive; and
WHEREAS these obligations are due and payable
THEREFORE BE IT RESOLVED that the Town Board of the [own
of Southold authorize payment of said oblgiations.
Vote of the Board of Commissioners: Ayes: Commissioner du-
Pont, Commissioner Doherty, Commissioner Doyen. Nays: None.
Absent: Commissioner Evans, Commissioner Baker.
Moved by Commissioner duPont, seconded by Commissioner Doyen
2. WHEREAS the Board of Commissioners wishes to appropriate
additional funds to be applied to the 1985 budget from surplus
THEREFORE BE IT RESOLVED that the following transfer be
made
From:
To:
Surplus
Operation Ferry
Payrolls
Social Security
Airport
Repairs Ferry
Hospi talization
$40,000.00
6,880.00
17,000.00
1,220.00
5,000.00
8,000.00
1,900.00
Vote of the Board of Commissioners: Ayes: Commissioner du-
Pont, Commissioner Doyen, Commissioner Doherty. Nays: None.
Absent: Commissioner Baker, Commissioner Evans.
Moved by Commissioner Doherty, seconded by Commissioner Doyen
3. WHEREAS recent personnel changes have created vacancies
in the Ferry District personnel r~ster of one (1) Operator
(Ferry Captain) and one (1) deckhand; and
WHEREAS the Board of Commissioners now wishes to fill
these part-time positions
THEREFORE BE IT RESOLVED that the following persons be
hired to fill the vacancies in the positions noted below:
Eugene M. HENSON, SSAN: 045-32-3450, RFD #1, Bozrah Street,
Fitchville, CT 06334, Operator @ $8.56 per hour; Frederick
C. BARRETT, Jr., SSAN: 043-40-9806, 3 Marshall Place, New
London, CT 06320, deckhand @ $5.07 per hour.
Vote of the Board of Commissioners: Ayes: Commissioner du-
Pont, Commissioner Doyen, Commissioner Doherty. Nays: None.
Absent: Commissioner Baker, commissioner Evans.
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F. I. Ferry Dist. Itr dtd 11/14/85
page 2
Moved by Commissioner Doyen, seconded by Commissioner Doherty
4. WHEREAS the Board of Commissioners of the Fishers Island
Ferry District, in response to concerns voiced by the electors
of the Ferry District and property owners situate within the
Ferry District concerning possible future use of land acquired
for or purchased for the use of the Fishers Island Ferry Dis-
trict, title to which is vested in the Town of Southold, wishes
to provide some protection against said future use which might
be contrary to the desires of said electors and property owners;
and
WHEREAS the Board of Commissioners is of the oplnlon
that this purpose can best be accomplished by an amendment to
the act creating the Fishers Island Ferry District.
THEREFORE BE IT RESOLVED that the attached proposed legis-
lation be forwarded to the New York State Legislature for its
consideration in the 1986 Ligislative Session which convenes
in January 1986; and
BE IT FURTHER RESOLVED that the Board of Commissioners
requests the approval of the Town Board of the Town of
Southold in presentation of the proposed legislation.
Vote of the Board of Commissioners: Ayes: Commissioner
Pont, Commissioner Doyen, Commissioner Doherty. Nays:
Absent: Commissioner Baker, Commissioner Evans.
du-
None.
Attachment: Proposed amending legislation
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AN ACT to amend chapter six hundred ninety-nine of the laws of
nineteen hund red forty-seven, relating to authorizing the creation of
Fishers I sland ferry district in the town of Southold, Suffolk county
and providing for the election of its officers and management of its
affairs in relation to the' sale or conveyance of real propl\(ty in said
district
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. Chapter six hundred ninety-nine of the laws of nineteen
hundred _ forty-seven, relating to authorizing the creation of Fishers
Isl""J ferry district in the town of Southold, Suffolk county and
providing for the election of its officers and management of its affairs is
hereby amenCled .by adding thereto a new section, to be section sixteen,
to read as follows;
Section 16. Notwithstanding the provisions of this chapter, or the
provisions of any other general or special law, the town board of the
town of Southold shall not sell or convey any of the real property or
interest in real property, located within the boundaries of the Fishers
Island ferry district at Fishers Island, in the' town of Southold, Suffolk
county, and acquired, used or intended to be used for any of the
purposes of the Fishers Island ferry district unless, (1) such sale or
conveyance shall have been approved in writing by a majority of the
commissioners of the Fishers Island ferry district, and (2) such sale or
conveyance shall have been approved by a majority vote of the electors of
the ferry district and the owners of real property situate within the ferry
district assessed upon the last preceding town assessment roll voting
upon a proposition therefor to be submitted at a special or annual meeting
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of the ferry district. At least -twenty- days before any- special or annual
meeting to vote upon such a proposition, the ferry district commissioners
shall adopt a resolution which shall designate the date and place of such
meeting; the hours of opening and closing of the polls, which shall be not
less than four (4) consecutive hours between eight o'clock in the forenoon
and eight o'clock in the evening. The commissioners shall give notice of
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such meeting by the publication of a notice in a newspaper or newspapers
having general circulation in the district, specifying the time when and
the place where such meeting will be held, the hours during which the
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polls will remain open for the purpose of receiving ballots and setting
forth in full all propositions to be voted upon. The first publication of
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such notice shall be at least ten- days prior to the time of such meeting.
In addition, the commissioners shall post, or cause to be posted, a copy
of such notice in five public places in the district at least ten days prior
to the time of such meeting. In all other respects the meeting to vote on
such proposition or propositions shall be conducted in the same manner as
provided herein for voting at annual district meetings.
Section 2. This act shall take effect immediately.
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AN ACT to amend chapter six hundred ninety-nine of the laws of
nineteen hund red forty-seven, relating to authorizing the creation of
Fishers Island ferry district in the town of Southold, Suffolk county
and providing for the election of its officers and management of its
affairs in relation to the' sale or conveyance of real property in said
district
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. Chapter six hundred ninety-nine of the laws of nineteen
hundred, forty-seven, relating to authorizing the creation of Fishers
Isl""J ferry district in the town of Southold, Suffolk county and
providing for the election of its officers and management of its affairs is
hereby ameni:led .by adding thereto a new section, to be section sixteen,
to read as follows:
Section 16. Notwithstanding the provisions of this chapter, or the
provisions of any other general or special ,law, the town board of the
town of Southold shall not sell or convey any of the real property or
interest in real property, located within the boundaries of the Fishers
Island ferry district at Fishers Island, in the' town of Southold, Suffolk
county, and acquired, used or intended to be used for any of the
purposes of the Fishers Island ferry district unless, (1) such sale or
conveyance shall have been approved in writing by a majority of the
commissioners of the Fishers Island ferry district, and (2) such sale or
conveyance shall have been approved by a majority vote of the electors of
the ferry district and the owners of real property situate within the ferry
district assessed upon the last preceding town assessment roll voting
upon a proposition therefor to be submitted at a special or annual meeting
of the ferry district. At least twenty days before any, special or annual
meeting to vote upon such a proposition, the ferry district commissioners
shall adopt a resolution which shall designate the date and place of such
meeting; the hours of opening and closing of the polls, which shall be not
less than four (4) consecutive hours between eight o'clock 'in the forenoon
and eight o'clock in the evening. The commissioners shall give notice of
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such meeting by the publication of a notice in a newspaper or newspapers
having general circulation in the district, specifying the time when and
the place where such meeting will be held, the hours during which the
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polls will remain open for the purpose of receiving ballots and setting
forth in full all propositions to be voted upon. The first publication of
such notice shall be at least ten days prior to the time of such meeting.
In addition, the commissioners shall post, or cause to be posted, a copy
of such notice in five public places in the district at least ten days prior
to the time of such meeting. In all other respects the meeting to vote on
such proposition or propositions shall be conducted in the same manner as
provided herein for voting at annual district meetings.
Section 2. This act shall take effect immediately.