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HomeMy WebLinkAboutFIFD - Amendment to Establishment of District 1985 . .. ~ .' . 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. . '- . . -2- 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 ~. . . 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 " . . 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. l. .' . . 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 .' ,; . . 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, /' :;rIf I ------- - ;.t~ - .. .-~~ ~~ber P. Knauff /)7 I Attachments: . .. . . 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. . . 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 . . 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 "'-thirty 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 ,-. '. ," . . 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 ~ 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 ,... twenty 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. '- '. - ' . . 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 ~ .. . . 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 . 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.