HomeMy WebLinkAboutFIFD - Amendment to Establishment of District 1993S
FISHERS ISLAND FERRY DISTRICT ACT
TABLE OF CONTENTS
Section 1. Authority and Procedures for Establishment of District.
Section 1-a. Authority to extend District to include entire territory
of Fishers Island.
Section
2.
Objects and Purposes of District.
Section
Section
3.
Authorization to acquire land, boats
and other property
Powers and Duties of District Manager.
Section
for the purposes of the District.
Annual District Meeting.
Section
4.
Authorizes issuance and sale of Town
Obligations by the
11.
Prohibits personal interest of District Commissioners, Officers
Town of Southold for District Purposes.
Section
5.
Authorizes a Board of Ferry District
Commissioners and
Severance clause as to void or unconstitutional provisions if
specifies its powers and duties.
of the Act.
Section
5-a.
Authorizes acquisition of Airport.
Section 5-b. Delegates to the District Commissioners, Jurisdiction and
control over the Airport and defines their powers relative
thereto.
Section
6.
District Finances.
Section
7.
Appointment & Organization of Board of Commissioners.
Section
8.
Powers and Duties of District Manager.
Section
9.
Annual District Meeting.
Section
10.
Preparation of Annual Estimates & Hearing thereon.
Section
11.
Prohibits personal interest of District Commissioners, Officers
or Employees in District Contracts, Leases or Agreements.
Section
12.
Severance clause as to void or unconstitutional provisions if
of the Act.
Section
13.
Requires public bidding on public works & purchase contracts,
when required by the General Municipal Law.
Section
14.
Validation of claim of Thames Shipyard for repairs and
renovations to ferry vessel Mystic Isle.
Section
15.
Authorizes the establishment of Reserve Fund Accounts.
FISHERS ISLAND FERRY DISTRICT ACT
(Chapter 699 of the Laws of 1947)
AN ACT AUTHORIZING THE CREATION OF THE FISHERS ISLAND FERRY DISTRICT, AS
AMENDED BY CHAPTER 27 OF THE LAWS OF 1948; CHAPTER 82 OF THE LAWS OF 1950;
CHAPTER 620 OF THE LAWS OF 1951; CHAPTERS 132, 169 & 170 OF THE LAWS OF
1975; CHAPTER 637 OF THE LAWS OF 1962; CHAPTER 650 OF THE LAWS OF 1968;
CHAPTER 968 OF THE LAWS OF 1973; CHAPTER 742 OF THE LAWS OF 1976; &
CHAPTER 916 OF THE LAWS OF 1983.
AN ACT authorizing the acquisition, construction, equipment and operation
of a public ferry for hire from Fishers Island across the waters of Long
Island sound; 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; authorizing the collection of
ferriage charges; authorizing the issuance and sale of obligations of said
town and providing for their payment; authorizing the levy and collection
of taxes; and providing for other related matters
Became a law on April 7, 1947, with the approval of the Governor, Passes,
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly do
enact as follows:
Section 1. Upon petition as hereinafter provided, the town board of the
town of Southold, Suffolk county, may, after a public hearing and with the
permission of the state comptroller, establish the entire territory of Fishers
Island in said town, exclusive of those portions of Fort Wright which are
government owned, a public ferry district, to be known as the Fishers Island
ferry district. Such petition shall be signed by the owners of taxable real
property situate in the proposed district, owning in the aggregate at least
one-half of the assessed valuation of all the taxable real property of the
proposed district as shown by the latest completed assessment roll of said
town; provided, however, that the petition shall include the signatures of
resident owners owning taxable real property aggregating at least one-half of
the assessed valuation of such taxable real property. All of the provisions of
article twelve of the town law, not inconsistent with the provisions of this
act, shall apply to the establishment and operation of such district. (Amended
by Chapter 169 of the Laws of 1957]
Section 1-a. The town board of the town of Southold, Suffolk county, may
extend the Fishers Island ferry district to include the entire territory of
Fishers Island pursuant to the applicable provisions of article twelve -a of the
town law. [Added by Chapter 637 of the Laws of 1962]
Section 2. The object and purpose of the district shall be to acquire,
construct, equip, operate and maintain a public ferry for the transportation
for hire of persons and vehicles, and goods, wares and merchandise, from
convenient points on Fishers Island across the waters of: Long Island sound and
other adjacent waters or tributary thereto to points within and without the
state. Such ferry may be referred to as the Fishers Island ferry. A further
object and purpose of the district shall be to acquire by gift, purchase or
lease, an airport or landing field situated on Fishers Island, and to operate
and maintain such airport. [Amended by Chapter 620 of the Laws of 1951]
Section 3. The town board of the town of. Southold may construct Fishers
Island ferry, and acquire all boats and other equipment and appurtenances
necessary, or authorize the commissioners of the district to let the necessary
contract or contracts therefor. The town board of such town may acquire all
lands, rights or easements in land necessary for the purposes of such ferry,
and with the approval of the superintendent of public works may erect or cause
to be erected and maintained within the limits of any public highway, all
braces, appendages or other equipment and structures necessary for the
operation of the ferry. The town board may also authorize the commissioners to
contract with a private person or persons or a corporation for the independent
operation of such ferry upon such terms and conditions as may be mutually
agreed upon, provided, however, that any such contract or renewal thereof shall
not be for a period longer than five years. No bid for such contract shall be
received as hereinafter provided unless the terms and provisions thereof shall
have been approved by the town board. [Amended by Chapter 82 of the Laws of
1950; Chapter 170 of the Laws of 1957; & Chapter 650 of the Laws of 1968]
Section 4. The cost of acquisition, construction and equipment of the
ferry, including lands and rights or easements in lands, shall be paid from
taxes levied for the fiscal year in which such expenditure is made; from
surplus funds, or from the proceeds of town obligations to be issued and sold
in the manner provided by the local finance law. The town board of the town of
Southold may borrow the amount needed for such purposes and issue town
obligations therefor in an aggregate principal amount not exceeding five
hundred thousand dollars. Upon the adoption of a resolution by the town board,
subject to a permissive referendum by the owners of taxable real property
situate within the ferry district as shown by the latest completed assessment
roll of the town, such aggregate principal amount which the town board may
borrow and for which obligations may be issued may be increased to any amount
up to but not exceeding the sum of nine hundred fifty thousand dollars.
[Amended by Chapter 82 of the Laws of 1950; Chapter 968 of the Laws of 1973;
Chapter 742 of the Laws of 1976; & Chapter 916 of the Laws of 19831
Section 5. The affairs of the district shall be under the jurisdiction,
control and supervision of a board of five commissioners. The town board shall
appoint five resident taxpayers of the district who shall constitute the board
until their successors are elected and have qualified pursuant to the
provisions of this act. Successors to the members so appointed shall be elected
by the electors of the district as hereinafter provided. Every person who is an
elector of the town of Southold and the owner or real property situated within
the Fishers Island ferry district assessed upon the last preceding town
assessment roll shall be eligible to hold the office of ferry commissioner. The
ferry commissioners shall have the power and it shall be the duty of such
commissioners:
(a) To prepare or cause to be prepared and to submit to the town board of
the town of Southold for approval, plans for the acquisition, construction and
equipment of the ferry;
(b) To supervise the construction of any works or improvements connected
with the ferry and make reports thereon from time to time as the town board
shall require;
(c) To have jurisdiction, control and supervision over the ferry and to
operate and maintain the same;
(d) To purchase all necessary tools, materials and supplies needed for the
proper upkeep of the ferry;
(e) Subject to the approval of the town board, to enter into contracts or
leases for the purposes of the ferry;
(f) Subject to the approval of the town board, to appoint and at pleasure
remove a manager and such other employees and assistants as may be necessary to
carry out the purposes of this act, and fix their compensation;
(g) Subject to the approval of the town board, to promulgate and adopt and
from time to time amend rules and regulations governing the operation of the
ferry;
(h) To fix and classify with the approval of: the town board and subject to
agreements with bond holders, and from time to time reduce or increase the
rates or ferriage charges to be collected for the transportation of persons and
of vehicles, and of goods, wares and merchandise;
(i) To fix the days and hours during which the ferry shall be operated and
cause notice thereof to be posted at all entrances to the ferry;
(j) To post and keep posted in conspicuous and accessible places outside
and adjacent to each entrance to the ferry, in plain view of the passengers
upon such ferry, a schedule plainly printed in the English language of rates of
ferriage charges to be collected for transportation over such ferry;
(k) To have and exercise such additional powers and duties relating to the
operation, maintenance and up -keep of the ferry as may be delegated to them by
the town board. [Amended by Chapter 637 of the Laws of 19621
-2-
Section 5-a. The town board of the town of Southold may acquire by gift,
purchase or lease, on behalf of the ferry district, an airport or landing field
situated on Fishers Island, after a public hearing held in the same manner and
upon the same notice as in the case of the establishment of the ferry district.
The notice of hearing shall state generally the purpose of the hearing,
describe the real property to be acquired and the nature of such acquisition,
specify the amount of the consideration to be paid therefor and the time when
and place where said town board will meet to consider the proposition and to
hear all persons interested in the subject thereof concerning the same. After
such hearing and upon the evidence adduced thereat, the town board shall
determine by resolution whether or not it is in the public interest to acquire
such real property in the manner and upon the terms stated in the notice of
hearing. If the town board shall determine that such acquisition is in the
public interest, it may proceed to acquire such real property in the specified
manner and upon the specified terms. [Added by Chapter 620 of the Laws of 19511
Section 5-b. When such airport or landing field shall have been so
acquired, the town board may delegate jurisdiction, control and supervision of
such airport or landing field to the board of ferry district commissioners. The
board of ferry commissioners may:
(a) Equip, maintain, repair and operate such airport or landing field.
(b) Subject to the approval of the town board of the town, adopt and amend
from time to time, rules and regulations governing the operation and use of
such airport or landing field.
(c) Provide such services and facilities as are usual and incidental to
the operation of an airport or landing field, and fix, from time to time, the
fees, charges, rentals or other consideration for the rendering of such
services and the use of such facilities.
(d) Grant licenses, concessions and privileges and sell space and rent
premises to such grantees and licensees for the carrying out of the business of
furnishing services, supplies and materials required for the maintenance,
repair and operation of aircraft and such other activities, supplies and
materials reasonably necessary or incidental to the operation of such airport
or landing field.
(e) Contract at the expense of the ferry district for insurance
indemnifying the ferry district, or the town, or both, against loss arising
from injuries to persons or property arising out of the maintenance and
operation of such airport or landing field.
(f) Cause ferry district property to be insured against loss or damage
from fire or other hazard.
(g) Lease such portion of the airport or landing field not required for
airport or landing field purposes for any legal business purpose.
The exercise of any power authorized by paragraphs (d) and (g) of this
section shall be subject to the approval of the town board after a public
hearing held by the board of ferry commissioners. Notice of such public hearing
shall state generally the purpose thereof, describe briefly the terms of the
license, concession, privilege or lease and specify the time when and place
where the board of ferry commissioners will meet to consider the proposition
and to hear all persons interested in the subject thereof concerning the same.
Such notice shall be published and posted in the same manner as in the case of
the establishment of the ferry district.
All revenues, of whatsoever kind or nature, arising out of the maintenance
and operation of such airport or landing field, shall be the property of the
ferry district, and shall be treated in the same manner as prescribed in
section six hereof as to ferry revenues. All costs, expenses and liabilities,
of whatever kind or nature, whether tort or contract, arising out of the
ownership, maintenance and operation of such airport or landing field shall be
charged against the ferry district and paid out of ferry district funds. The
annual estimate required to be made by the board of ferry district
commissioners pursuant to section ten hereof shall include anticipated revenues
and expenditures arising out of the ownership, maintenance and operation of
such airport or landing field. [Added by Chapter 620 of the Laws of 19511
-3-
Section 6. All moneys received from ferriage charges shall be deposited
daily in banks or trust companies in the state of New York and the state of
Connecticut to be designated by the supervisor of the town of Southold and to
the credit of such supervisor. The supervisor shall execute and file with the
town clerk additional security for the safekeeping and lawful application of
such moneys in such amount and with such sureties as the town board shall
approve. The expenses incurred in connection with any such undertaking shall be
a charge against the district. The ferry commissioners shall on or before the
tenth day of each month, file with the town clerk of the town a report of their
activities during the preceding month in such detail as the town board shall
require. Each such report shall contain a statement showing the amount of
ferriage charges collected and all obligations of the district unpaid at the
time of filing the report. All claims against the district shall be audited
monthly by the town board and paid by the supervisor from moneys remaining to
his credit and belonging to the ferry district. Out of such moneys the town
board may establish a revolving petty cash fund for the use of the board of
commissioners. Such fund shall be in such amount as the town board may deem
necessary but shall not at any time exceed the sum of fifteen hundred dollars
and shall continue in existence from year to year until abolished. Such petty
cash fund shall be placed in an account in the name of the commission and shall
be under the control of the manager and expenditures therefrom shall be made
only for payment in advance of audit of properly itemized and certified or
verified bills for materials, supplies and services other than employment,
provided, however, that expenditures not in excess of ten dollars at any one
time may be made for cash purchases of necessary materials or supplies. A
statement of expenditures from such petty cash fund and their purposes together
with the bills or vouchers therefor shall be a part of the monthly report to
the town board. Upon audit by the town board such petty cash fund shall be
reimbursed in the amount of the expenditures allowed. In the event that any
such bill or expenditures are disallowed the manager shall be personally liable
therefor. [Amended by Chapter 82 of the Laws of 1950; & Chapter 916 of the Laws
of 1983]
Section 7. The annual meeting for the election of commissioners shall be
held on the second Tuesday in August. At the first annual election one ferry
commissioner shall be elected for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years and one
ferry commissioner shall be elected for a term of five years, to commence on
the date of this election. Successors to such ferry commissioners shall be
elected for terms of five years each. The commissioners shall organize by the
election from their number of a chairman who shall preside at all meetings of
the board of commissioners. The commissioners shall meet monthly on the second
Tuesday in each month for the transaction of the business of the district.
Special meetings may be held at the call of the chairman. Each commissioner
shall receive for his services the sum of twenty-five dollars for each meeting
of the board actually attended by him, provided that the aggregate compensation
which any such commissioner may receive for services rendered during any year
shall not exceed the sum of five hundred dollars. In addition thereto each
commissioner shall receive his expenses actually and necessarily incurred in
the performance of the duties of his office. Such expenses shall be paid from
the funds of the ferry district after audit and approval by the town board.
[Amended by Chapter 27 of the Laws of 1948; Chapter 82 of the Laws of 1950; &
Chapter 968 of the Laws of 19731
Section 8. The manager shall be the administrative head of the district
and shall devote his entire time to the duties of his office. Before entering
upon the duties of his office, the manager shall take the constitutional oath
of office and file the same in the office of the town clerk of the town. The
functions, powers and duties of the commissioners relating to the operation and
maintenance of Fishers Island ferry shall be exercised and performed by the
manager or under his supervision subject to the direction and control of the
commissioners. The manager shall exercute and file with the town clerk of the
town an undertaking for the safekeeping and lawful application of any funds of
the district which may come to his hands in such amount and with such surety or
sureties as shall be approved by the town board of the town.
Section 9. The annual meeting shall be held within the district at a place
to be fixed by the commissioners. The commissioners shall cause notice to be
posted in five public places in the district at least ten days before the date
of the annual meeting. The notice shall state the time, place and object of the
meeting and the hours that the polls are to remain open. The polls shall be
open for a period of four hours to be fixed by the commissioners. Voting shall
-4-
be by paper ballot to be provided by the commissioners. Such ballots shall
conform as nearly as may be to ballots for primary elections provided by
section one hundred eight of the election law. The expense of the annual
meeting shall be a charge against the district. Electors of the district
qualified to vote for town officers of the town of Southold at the preceding
town election and owners of real property situate within the Fishers Island
ferry district assessed upon the last preceding town assessment roll shall be
eligible to vote at any such annual election. The members of the board of
commissioners shall appoint a board of inspectors consisting of a chairman and
two tellers, all of whom are resident taxpayers but not members of the board of
commissioners and such board shall serve as the inspectors of election and at
the close of the polls shall canvass the vote and certify the result of the
election. A certificate of the result executed by the inspectors of election
shall be filed in the office of the town clerk of the town of Southold.
[Amended by Chapter 132 of the Laws of 1957; & Chapter 637 of the Laws of 19621
Section 10. The fiscal year of the district shall commence on the first
day of January and end on the thirty-first day of December. The commissioners
shall prepare detailed estimates in writing of the anticipated revenues and
expenditures for such district for the purpose of determining the amount of
money required to meet the expenses of operation and maintenance of the
district and district property and improvements for the fiscal year commencing
on the first day of January next succeeding. Upon the completion of such annual
estimates, the commissioners shall adopt a resolution specifying the time when
and place where a public hearing will be held upon such annual estimates and
require the manager to give notice of such hearing. Such hearing shall be held
on or about the twentieth day of August in each year. Notice of such hearing
shall be published once in one newspaper having general circulation within the
district at least ten days prior to the time of such hearing. At the time and
place specified in such notice, the commissioners shall meet and review said
annual estimates. At such hearing any person may be heard in favor of or
against such annual estimates as compiled or for or against any item or items
therein contained. After such hearing the commissioners may increase or reduce
any item contained in such annual estimates. Thereupon the commissioners shall
approve such annual estimates and submit the same to the town board of the town
for its action thereon in the manner and within the time specified in section
two hundred two -a of the town law. The town board shall add to any such
estimate installments of principal and of interest accruing during such fiscal
year on any town bonds issued to provide funds for the payment of the cost of
acquisition, construction and equipment of the ferry. The amount of such
estimate as approved by the town board shall be raised by tax upon all the
taxable real property of the district, at the same time, in the same manner and
by the same officers as town charges are raised by tax therein, and when
collected shall be paid to the supervisor of the town. All of the provisions of
section two hundred two -a of the town law, not inconsistent with the provisions
of this act shall apply. [Amended by Chapter 637 of the Laws of 1962]
Section 11. No commissioner, officer, employee or agent of the district
shall have any personal interest in any contract, lease or agreement executed
pursuant to this act or in furnishing labor or materials for the district.
Section 12. If the courts of the state or of the United States shall
adjudge any section or sections, provision or provisions of this act
unconstitutional or void, then such determination shall affect only the section
or sections, provision or provisions so adjudged to be unconstitutional or
void, and shall not affect any other section or provision of this act. [Added
by Chapter 27 of the Laws of 1948]
Section 13. All contracts for public work and all purchase contracts shall
be let to the lowest responsible bidder after advertisement for bids where so
required by section one hundred three of the general municipal law. [Added by
Chapter 650 of the Laws of 1968]
Section 14. Notwithstanding the provisions of any general, special or
local law inconsistent herewith, all acts done and proceedings taken by the
board of ferry commissioners relating or pertaining to work performed and
materials furnished by Thames Shipyard and Repair Company of New London,
Connecticut, in relation to repairs and improvements to the ferry vessel Mystic
Isle owned by the Fishers Island Ferry District during the period from October
twenty-three, nineteen hundred sixty-seven to January thirty-one, nineteen
hundred sixty-eight, are hereby legalized, validated, ratified and confirmed.
-5-
(b) Notwithstanding the provisions of any general, special or local law
inconsistent therewith, the claim of Thames Shipyard and Repair Company of New
London. Connecticut in the sum of thirty thousand five hundred eighty-nine
dollars and twenty-eight cents for repairs and improvements to the ferry vessel
Mystic Isle during the Period from October twenty-third, nineteen hundred
sixty-seven to January thirty-one, nineteen hundred sixty-eight is hereby
legalized, validated, ratified and confirmed, subject, however, to the audit
thereof by the town board of the town of Southold in the manner provided by
law, whereupon such claim may be paid from moneys of the Fishers Island Ferry
District available therefor. [Added by Chapter 650 of the Laws of 19681
Section 15. (1.) The town board of the town of Southold on behalf of the
district, may establish one or more reserve funds for the financing of all or
part of the cost of a "specific object or purpose" or a "class of objects or
purposes", as such terms are defined in section 2.00 of the local finance law,
which may be constructed, reconstructed, acquired or provided by or on behalf
of such district. The authorization of the establishment of such a fund shall
be subject to a permissive referendum in the district and shall set forth the
estimated maximum cost of any such specific object or purpose or class thereof.
(2.) There may be paid into such fund such an amount as may be provided
therefor by budgetary appropriation or such district revenues as are not
required by law to be paid into any other fund or account. Any amount to be
assessed, levied and collected in the district to provide money for such fund
shall be assessed, levied and collected in the same manner and at the same time
as the amount to provide for the costs of operation and maintenance of such
district.
(3.) An expenditure may be made from such a reserve fund only by the
authorization of the town board and only for a specific object or purpose or
class thereof, the cost of which may be financed therefrom.
(4.) The town board may authorize the transfer to the credit of a reserve
fund created pursuant to this section for the district, any unexpended balance
remaining in another reserve fund created for the district. If the object of
purpose or class thereof for which the latter fund was established has been
completed, acquired or provided, a sum sufficient to satisfy all outstanding
claims arising from such completion, acquisition or provision shall be retained
in such fund and not transferred. [Added by Chapter 916 of the Laws of 1983]
���dSUEFQ(���
i �
HARVEY A. ARNOFF co
Town Attorney
MATTHEW G. KIERNAN'�
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
July 13, 1993
VIA OVERNIGHT MAIL
Hon. Elizabeth D. Moore,
Counsel to the Governor
Executive Chamber
State Capitol
Albany, New York 12224
Re: Bill's Introductory Number 4902--A
Amendment to Special Act providing for the
establishment of the Fishers Island Ferry District
(Chapter 699 of the Laws of 1947)
Dear Honorable Moore:
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
This is in response to your request for comments and recommenda-
tions regarding the above -referenced legislation.
The Fishers Island Ferry District is presently engaged in developing
plans and seeking permits to expand and improve the District's New London,
Connecticut terminal facility. These improvements will require bonding in
excess of that currently allowed by the act which created the Fishers Island
Ferry District (i.e., Laws of New York, 1947, Chapter 699, as amended).
The Board of Commissioners of the Fishers Island Ferry District now
wishes to amend the act for the purpose of increasing the debt limitation of
the District and for the additional purpose of updating other sections
(amendments to Sections 6 and 7 which relate to the maintenance and
administration of the petty cash fund and the meeting schedule and
compensation of the commissioners, respectively).
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
June 18, 1993
Mr. Philip T. Knauff
Fishers Island Ferry District
Fishers Island, New York 06390
Re: Fishers Island Ferry District
Dear Phil:
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Please be advised that the annexed legislation has passed in the
Senate. We were advised by Senator LaValle's office that the bill is in the
Local Government Committee of the Assembly and we are awaiting action
there. We will continue to keep you advised as developments occur.
Very tr ly yours,
tt w G. Kiernan,
Assistant Town Attorney
MGK:cc
Enclosure
cc: Supervisor Scott L. Harris
Judith T. Terry, Town Clerk ✓
4
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+v5
'
HARVEY A. ARNOFFZ
r�is E r' �,
Town Attorney
MATTHEW G. KIERNAN
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
June 18, 1993
Mr. Philip T. Knauff
Fishers Island Ferry District
Fishers Island, New York 06390
Re: Fishers Island Ferry District
Dear Phil:
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Please be advised that the annexed legislation has passed in the
Senate. We were advised by Senator LaValle's office that the bill is in the
Local Government Committee of the Assembly and we are awaiting action
there. We will continue to keep you advised as developments occur.
Very tr ly yours,
tt w G. Kiernan,
Assistant Town Attorney
MGK:cc
Enclosure
cc: Supervisor Scott L. Harris
Judith T. Terry, Town Clerk ✓
d
NEW YORK STATE SENATE
MEMORANDUM IN SUPPORT OF LEGISLATION
D Memo on original
-
Bill Number: Senate Assembly draft of bill
S. 490VA A. 6801-A n Memo on amended
bill
Sponsors: Member of the Senate:
Member of the Assembly:
LAVALLE _
Sawicki
Introduced at the request of: Commissioners of the Fishers Island Ferry
District and the Town Board of the Town of Southold.
TITLE OF BILI.: AN ACT to amend chapter 699 of the laws of 1947, relating to
authorizing the creation of the Fishers Island ferry district in the town of Southold:, Suffolk
County, in relation to providing for an increase of the debt limitation of the district and
updating various provisions thereof.
PURPOSE AND SUMMARY OF BILL: To increase the debt limitation of Fishers
Island Ferry diitrict from $,954,000 to $5,000,000 rind to increase the commissioner's
compensation from $25 per meeting to $50 per meeting. with a yearly cap of $2500.- -
JUSTIFICATION:
The district is presently engaged in developing plans and seeking permits to expand and
improve the District's New London tcrn3ural facility. These improvements will reA4aire
bon6ig in excess of that currently allowed.
PRIOR L:ECISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS FOR THE STATE: None to the State.
EFFECTIVE DATE: ''his act shall take effect immediately.
r
STATE OF NEW YORK
4902-..A
1993-1994 Regular Sessions
IN SENATE
May 3, 1993
Introduced by Sen. LAVALLZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Local GOverpment com-
Jaittee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN,;ACT to amend chapter 699 of the laws of 1947, relating to authorizing.
Oe creation of Fishers Island ferry district in the town cf Southold,
Suffolk county, in relation to providing fo: an increase Of the debt
limitation of the district and updating various provisions therepf
The People of tha State of New York, represented in Senate and rssem-
biv, do enact as follows:
1 Section 1. Sections 4v 6 and 7 of chapter 699 of the laws of 1947,
2 relating to authorizing the creation of Fishers Island ferry district in
3 the town of Southold, Suffolk county, sections 4 and 6 axr amended by
4 chapter 916 of the laws of 1983 and section 7 as amended by chapten 968
5 of the laws of 1973, are amended to read as follows..
6 5 4. The cost of acquisi�icn, construction and equipment o1; the ferry,
7 including lands and rights or easements in lands, shall be paid from
8 taxes levied for the fiscal year in which such expenditure is made; from.',
9 surplus funds, or from the proceeds of town obligations to bs issued and
10 sold in the manner provided by the local finance law. The t�>wn board of
11 the town 4f Southold may borrow the amount needed for such purposes and
12 issue tow: obligations therefor in an aggregate principal amount not ex -
13 reeding f�,ve hundred thoysand dollars. Upoo the Odoption of a resolution
14 by the j!owri board, subject tro f pe{R•is&tVq referepdum by the owners of
45 taxable rtial propRrty situate wit{:in the ferry district ai'NiiOVrn by .the
16 latest cinpleted assesoment rol} of said ;,Owp, such;ag9rvg4te p;incipal
17 amount wb�lc!; the town bga:d mpy borrow and fo; which oblijotiOl+s may be
;8 issued mq; be inc,eared to any amAun.t up to but not exceeding `he sym of
19 (nine hL.16-ed fifty thoµaand) five million doi.lsrs,
S7inLAti TIA7�__Mattpt
in, italics (underscggpd, �s newf'matter in brmcketO
j is Old law to be omi�te4. SZD10097-03-3
�v!prtEG Ow pfiCYGlitr wJt,
J
J VII JV r/
4
s. 49o2 --A 2
All moneys received from ferriage charges shall be deposited
2 daily in banks Or trust companies in the state of New York and the state
3 of Connecticut to be designated by the supervisor of the town Of
4 Southold and to the credit of such supervisor. The supervisor shall exe-
5 cute and file with the town clerk additional security for the safekeep-
6 ing and lawful application Of such moneys in such amount and with such
7 sureties as the town board shall approve. The expense incurred in ton-
g nection with any such undertaking shall be a charge against the
9district. The ferry commissioners shall on Or before the tenth day of
10 each month, file wthe tprecedinglemonth inof ysuchndetailort of their ac -
as the town board
it tivitShall re during
12 shall require. Each such report shall contain a statement f:hvwing the
13 amount of ferriage charges collected and all obligations Of the district
14 unpaid at the time of filing the report.
claims and againsid byththe district
15 shall be audited (monthly] by , to to the ferry district.
I6 from moneys remaining to his credit and belonging cash
17 out Of such moneys the town board may establish a revolving petty
19 fund for the use of the board of commissioners. Such fund shall be In
19 such amount as the town board may deem necessary but shall not at any
2Q time exceed the sum of fifteen hundred dollars and shall Continue in ex -
be
21 istence from year to year until abolished. Such petty cash fund shall under
22 placed in an account in the name of the commissioners and shill be under
23 the control of the manager and expen3iturts therefrom shall be made only
itemized .and certified or
24 for payment in advance of audit of N Openly services other than'
25 verified bills for materials, supplies and
26 employment(, provided, however, that expenditures not in excess of ten
27 dollars at any ore time may be made for cash purchases of necessary
2g materials or supplies). A statement of expenditures from such petty cash
together with the bills or vouchers therefor
29 fund and Chair Purposes
10 shall be a part of the monthly report to the town board. Upon audit by
31 the town board such petty cash fund shall be reimbursed in the amountor Of
32 the expenditures allowedills
in the event thatQrsonalcny h biable_therefor.
33 tures are disallowed the manageroLs�Rele��ction of commissioners shall be
34 S 7. The annual "meeting
35 held on the second,Tuesday in August. At the first annual election one
36' ferry commissioner shall be elected for a term of one year, one for a
37 term of two years, one for a term of three years, one for § term Of four
3g years and one ferry commissioner shall be elected for a term of five
39 years, to commence an the date of this election. Successors t0 such
40 ferry commissioners shall be elected for terms of five years each: The
41 commissioners shall organize by the election from their number of a
42 chairman who shall preside at all meetings of the board of
Ion
43 commissioners. The commissioners shall meet at least manthly meetings the
44 second :Tuesday in each month] in accordance with a schedule: of meetin s
45 to be established b them rioz to the start of the calendaEr Year for
46 the transaction of the business of the district. Special meetings may be
47 held at the call of the chairman. Each commissioner shall receive for
or each mting Of
4S his services the sem of (twenty-fivefovxded 8hatathefaggregateQecOMP
49 the board actually attended by him, P receive for, services rendered
50 sacion which ' any such commissioner may
51 during any year shall not exceed the sum of two t_^ _rnousand Five hundred
ex -
52 dollars." in addition thereto each ca=
incurred inet ini�shall
the performance s afthe
53 pensee actually and necessarily
54 duties of his office. Such expenses shall be paid from the funds of the
55 ferry district after audit and approval by the town board.
56 3 2. This act sha_1 take e////frrrffect immediately.
/;1t 1 6009 AeCe 10V R
I
SCOTT L. HARRIS
SUPERVISOR
FAX (516) 765 - 1823
TELEPHONE (516) 765 - 1800
OFFICE OF.THE SUPERVISOR
TOWN OF SOUTHOLD
June 14, 1993
Honorable Saul Weprin
Speaker of the Assembly
Room 932, LOB
Albany, New York 12248
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Re: Amendment to Special Act providing for the
establishment of the Fishers Island Ferry District
(Chapter 699 of the Laws of 1947)
Dear Honorable Weprin:
The Fishers Island Ferry District is presently engaged in developing
plans and seeking permits to expand and improve the District's New London,
Connecticut terminal facility. These improvements will require bonding in
excess of that currently allowed by the act which created Fishers Island Ferry
District (i.e., Laws of New York, 1947, Chapter 699, as amended).
The Board of Commissioners of the Fishers Island Ferry District now
wishes to amend the act for the purpose of increasing the debt: limitation of
the District and for the additional purposes of updating other sections.
I have drafted a proposed Bill which increases the debt limitation
of the district from nine hundred fifty thousand dollars ($950,000.00) to five
million dollars ($5,000,000.00). The proposed Bill also contains amendments
to Sections 6 and 7 which relate to the maintenance and administration of the
petty cash fund and the meeting schedule and compensation of the
commissioners respectively. A copy of this proposed legislation is enclosed
herewith and a copy of same is also being sent to Assemblyman Joseph Sawicki.
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 1993 Session of the New York State
Legislature.
Honorable Saul Weprin
June 14, 1993
Page 2
If you have any questions or wish further information concerning
this matter, I would be happy to supply same.
Very truly yours,
Scott L. Harris,
Supervisor
MGK:cc
Enclosure
cc: Assemblyman Joseph Sawicki
Judith T. Terry, Town Clerk
Philip 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
an increase of the debt limitation of the district and updating other
sections.
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 as
follows:
Section 4. The cost of acquisition, construction and equipment of the
ferry, including lands and rights or easements in lands, shall be paid from
taxes levied for the fiscal year in which such expenditure is made; from
surplus funds, or from the proceeds of town obligations to be issued and sold
in the manner provided by the local finance law. The town board of the town
of Southold may borrow the amount needed for such purposes and issue town
obligations therefor in an aggregate principal amount not exceeding five
hundred thousand dollars. Upon adoption of a resolution by the town board,
subject to a permissive referendum by the owners of taxable real property
situate within the ferry district as shown by the latest completed assessment
roll of the town, such aggregate principal amount which the town board may
borrow and for which obligations may be issued may be increased to any amount
up to but not exceeding the sum of [nine hundred fifty thousand] five million
dollars.
Section 6. All moneys received from ferriage charges shall be deposited
daily in banks or trust companies in the state of New York and the state of
Connecticut to be designated by the supervisor of the town of Southold and
to the credit of such supervisor. The supervisor shall execute and file with
the town clerk additional security for the safekeeping and lawful application
of such moneys in such amount and with such sureties as the town board shall
approve. The expenses incurred in connection with any such undertaking shall
be a charge against the district. The ferry commissioners shall on or before
the tenth day of each month, file with the town clerk of the town a report of
I rY
their activities during the preceding month in such detail as the town board
shall require. Each such report shall contain a statement showing the amount
of ferriage charges collected and all obligations of the district unpaid at the
time of filing the report. All claims against the district shall be audited
[monthly] by the town board and paid by the supervisor from moneys remaining
to his credit and belonging to the ferry district. Out of such moneys the town
board may establish a revolving petty cash fund for the use of the board of
commissioners. Such fund shall be in such amount as the town board may deem
necessary but shall not at any time exceed the sum of fifteen hundred dollars
and shall continue in existence from year to year until abolished. Such petty
cash fund shall be placed in an account in the name of the commission and shall
be under the control of the manager and expenditures therefrom shall be made
only for payment in advance of audit of properly itemized and certified or
verified bills for materials, supplies and services other than employment.
[provided, however that expenditures not in excess of ten dollars at any one
time may be made for cash purchases of necessary materials or supplies.] . A
statement of expenditures from such petty cash fund and their purposes
together with the bills or vouchers therefor shall be a part of the monthly
report to the town board. Upon audit by the town board such petty cash fund
shall be reimbursed in the amount of the expenditures allowed. In the event
that any such bill or expenditures are disallowed the manager shall be
personally liable therefor.
Section 7. The annual
meeting for the election of commissioners shall be
held on the second Tuesday
in August. At the first annual election one ferry
commissioner shall be elected
for a term of one year, one for a term of two
years, one for a term of three
years, and one for a term of four years and
one ferry commissioner shall
be elected for a term of five years, to commence
on the date of this election.
Successors to such ferry commissioners shall be
elected for terms of five years
each. The commissioners shall organize by the
election from their number of a chairman who shall preside at all meetings of
the board of commissioners.
The commissioners shall meet at least monthly [on
the second Tuesday in each
month] in accordance with a schedule of meetings
to be established by them
prior to the start of the calendar year for the
transaction of the business
of the district. Special meetings may be held at
the call of the chairman. Each
commissioner shall receive for his services the
sum of [twenty-five] fifty
dollars for each meeting of the board actually
-2-
attended by him. [provided that the aggregate compensation which any such
commissioner may receive for services rendered during any year shall not
exceed the sum of five hundred dollars.] In addition thereto each commissioner
shall receive his expenses actually and necessarily incurred.in the performance
of the duties of his office. Such expenses shall be paid from the funds of the
ferry district after audit and approval by the town board.
Section 2. This act shall take effect immediately.
EXPLANATION --Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
-3-
HARVEY A. ARNOFF
Town Attorney
MATTHEW G. KIERNAN
Assistant Town Attorney
0
GAJ' StfFOL A
PIC, CSG
CO
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
June 9, 1993
Senator Kenneth P. LaValle
325 Middle Country Road
Selden, NY 11784
Re: Amendment to Special Act providing for the
establishment of the Fishers Island Ferry District
(Chapter 699 of the Laws of 1947)
Dear Senator LaValle:
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
By my letter of March 18, 1993, on behalf of the Commissioners of
the Fishers Island Ferry District and the Town Board of the Town of
Southold, I requested that Legislation be introduced in the 1993 Session of
the New York State Legislature.
At your earliest convenience, kindly advise as to the status of this
proposed legislation and forward a copy of same.
Thank you for your consideration in this matter.
Very truly yours,
Matthew C. Kiernan,
Assistant Town Attorney
MCK:cc
cc: Assemblyman Joseph Sawicki /
Judith T. Terry, Town Clerk
Philip Knauff
HARVEY A. ARNOFF
Town Attorney
MATTHEW G. KIERNAN
Assistant Town Attorney
L
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
April 29, 1993
VIA FACSIMILE and
REGULAR MAIL
Philip Knauff, Manager
Fishers Island Ferry District
Fishers Island,- New York 06390
Dear Mr. Kn10�iiff:
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Enclosed herewith, please find a fax transmittal sheet from Brian Murphy,
counsel to Senator LaValle, which refers to Mr. Dupont's April 16, 1993 letter
to Ken LaValle. As you can see, Mr. Murphy is requesting advise as to "the
estimated increase in the tax levy and a proposed cap" on the Commissioners'
fees.
At your earliest convenience, kindly contact Mr. Murphy with this
information. Please be mindful of the May 5, 1993 deadline for the
introduction of the bill to the State Senate.
Should you have any questions, please feel free to contact me.
Ver
y ours,
Matthew G. Kiernan
Assistant Town Attorney
MGK:mis
Enclosure
cc: Via Facsimile -Brian Murphy
Scott L. Harris, Supervisor
Judith T. Terry, Town Clerk
r-
r.1�1 E Y
,,. � rs�,�s�z `'`wr i�'f ,Jr,E r �f✓,S
S y yyQ(l� } qn
"L��f�y.+i"aiF-14
Senator Kenneth P. I;aVralj!e
Room 806 Ugis;ative Office Building
Albany, New York 12247.
Fhotie: 518) 455-3121
FAX: 18 455-3102
��
. ll
Date:
To:
Attn
Regarding:
From:
V/�-J
FIS
X
I
Pages (including /cover sheen:
I
e.
J%
s s s �ilr ' Ferry s aC+APR 10
Dar.u. Cry,.! 3r Shr!.r! A.t W iM1r N..Y. Sw�r L�i.Ln,e''La+.r n7 N. Y., rp.,, Choa.+ayc!
FIS -HERS ISLAND, NS'N YORK 0890
ROBERT P. KNAUFP
Maxi," : Sr[amry
TELEPHONE 788.1403
Ara Cr,Oe $16
• J/
Senator Kenneth P. LaValle
325 Middle County Road
Selden, NY 11784
Dear Senator LaValle:
F.-- '
�.+.✓�cac.nran.. H,. r,
< r�r
BOARD OF C0MM1SS10NERS•."
REYNOLDS d.PONT, JR.. Chamx
JOHN C. EVANS
THOMAS F. DOH.RTY, JR,
LJLLIE M. AMMAN
DAVID C. BURNHAM U
April 16, 1993
A copy of your letter to Supervisor Harris under dale of
April 4, 1993 has been forwarded to the Ferry District for
comment and reply. The request to amend the Act creating
the Fishers Island Ferry District sent to you, and to
Representative Sawicki, by the Town of Southold on behalf of
the Ferry District does represent a substantial increase in
the District's bonding limitation. The decision to request
an increase in the District's bonding ].imitation is based
upon the need to expand and upgrade a thoroughly inadequate
and unsafe terminal in New London, CT. In addition, the
increase will permit the District to construct replacement
vessels as deemed necessary by the Board of Commissioners
and the taxpayers of Fishers Island. In the past, timely
construction of replacement vessels has been difficult to
impossible due to financial limitations. As noted in
section 4 of the Ferry District Act, checks and balances on
any major capital expenditures in the form of permissive
referenda are available to the electors of the District.
The impact on ferry fees if the bonds were actually sold
would be minimal. Although we anticipate petitioning the
Interstate Commerce Commission for an increase in tariffs in
the near future, it should be noted that there has not been
a major increase in our tariffs since the spring of 1980.
Additionally, the tax levy imposed by the District which was
at a high of $162,553.50 in 1980 was reduced to $129,292.50
by 1983 and has varied between that amount and $150,000.00
in the ten year period since. It is anticipated that bond
repayment schedules would be addressed in the percen,:.age of
the budget attributable to the tax levy.
Speaking as a Commissioner, the fees currently allowc;d per
meeting do not approach the value of the "services"
rendered. The Commissioners' fees have not been raised
since 1973. The fees are being brought into line with the
time and effort spent at each meeting, The removal of the
Cap On Commissioners' fees was suggested without regF,rd to
the possibility of abuse. The Ferry District Commissioners
M
Senator Kenneth P. LaValle - 4/16/93 page 2
recognize the obvious need for a reasonable cap and regret
that it was not included with the original request to amend
the act.
In reference to proposed fees on ferry passengers entering
various municipalities in the State of Connecticut, the
Board of Commissioners feels that Fishers Island residents,
more so than other ferry passengers, should not be subjected
to these lees because of their obvious economic con ributicn
to the local Connecticut economy. The Ferry District has
retained the firm of Tobin, Levin, Carberry & O'Malley, P.C.
to represent the District in opposition to such a proposed
tax. The firm is keeping the District informed of any
action pending in the Connecticut State Legislature in order
that it may be opposed in the early going and hopefully laid
to rest. This same tax was proposed by the City of New
London some years ago and died in committee as it had no
merit. The District is seeking to insure a similar fate for
the current proposal.
Copy to: Supervisor Harris
Town of Southold
Very truVYY,Eir.
Reyr. lds duPo
Chai man
Board of Commissioners
0 0
KENNETH P. LAVALLE
IST DISTRICT
DEPUTY MAJORITY WHIP
CHAIRMAN
COMMITTEE ON HIGHER EDUCATION
Honorable Scott Harris
Southold Town Hall
53095 Main Road
Southold, New York 11971
Dear Scott:
THE SENATE
STATE OF NEW YORK
April 4, 1993
y/ice �
3 MIDDLE COUNTRY ROAD
SELDEW NEW YORK 11784
My office recently received a request from the Southold Town Board and
the Commissioners of the Fishers Island Ferry District to amend Chapter 699 of
the Laws of 1947 which created the district. The requested increase in the
district's bonding authority is quite substantial. I would request that you
forward financial data that would outline the improvements sought to be
constructed and the financial impact on the residents of the district. Also, I
would ask that you specifically address the impact on ferry fees and the method
and yearly cost of amortizing these bonds.
The proposed legislation also seeks to double the fees of the commissioners
and remove the existing cap of $500 per year. I would submit that although the
fee increase may be warranted, a reasonable increase to the cap would better
serve the residents of the district. I would ask that you comment on the need for
the increase and your position on an increased cap.
My understanding is that the proposed improvements will be done at the
New London terminal. Although unrelated, I am quite disturbed about the
City of Bridgeport's latest action with the Port Jefferson Ferry. I would caution
that before improvements are done, the issue of fees imposed by Connecticut
should be determined.
I look forward to receipt of this requested information so that we can
discuss the proposed legislation.
cc: Hon. Joseph Sawicki
Sincerely yours,
Kenneth . alle
0 Engraved on Rn Icd Nper
.j 1. 0 0
HARVEY A. ARNOFF
Town Attorney
0p! r
MATTHEW C. KIERNAN
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
March 18, 1993
VIA FACSIMILE and
EXPRESS MAIL
Assemblyman Joseph Sawicki
P.O. Box 1060
206 Criffing Avenue
Riverhead, New York 11901
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Re: Amendment to Special Act providing for the
establishment of the Fishers Island Ferry District
(Chapter 699 of the Laws of 1947)
Dear Assemblyman Sawicki:
The Fishers Island Ferry District is presently engaged in developing
plans and seeking permits to expand and improve the District's New London,
Connecticut terminal facility. These improvements will require bonding in
excess of that currently allowed by the act which created the Fishers Island
Ferry District (i.e., Laws of New York, 1947, Chapter 699, as amended).
The Board of Commissioners of the Fishers Island Ferry District now
wishes to amend the act for the purpose of increasing the debt limitation of
the District and for the additional purpose of updating other sections.
I have drafted a proposed Bill which increases the debt limitation of the
district from nine hundred fifty thousand dollars ($950,000.00) to five
million dollars ($5,000,000.00). The proposed Bill also contains amendments
to Sections 6 and 7 which relate to the maintenance and administration of the
petty cash fund and the meeting schedule and compensation of the
commissioners respectively. A copy of this proposed legislation is enclosed
herewith and a copy of same 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, 1 hereby request that such
legislation be introduced in the 1993 Session of the New York State
Legislature.
Assemblyman Joseph Sawicki
March 18, 1993
Page 2
If you have any questions or wish further information concerning this
matter, I would be happy to supply same.
V ry tr ly yours,
atthew C. Kiernan
ssistant Town Attorney
MCK:mis
Enclosure
cc: Judith T. Terry, Town Clerk
Philip Knauff
I]
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
March 18, 1993
VIA FACSIMILE and
EXPRESS MAIL
Senator Kenneth P. LaValle
325 Middle Country Road
Selden, NY 11784
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Re: Amendment to Special Act providing for the
establishment of the Fishers Island Ferry District
(Chapter 699 of the Laws of 1947)
Dear Senator LaValle:
The Fishers Island Ferry District is presently engaged in developing
plans and seeking permits to expand and improve the District's New London,
Connecticut terminal facility. These improvements will require bonding in
excess of that currently allowed by the act which created the Fishers Island
Ferry District (i.e., Laws of New York, 1947, Chapter 699, as amended).
The Board
of Commissioners
of the
Fishers Island Ferry District now
wishes to amend
the act for the
purpose
of increasing the debt limitation of
HARVEY A. ARNOFF�
z
Town Attorney�^
.'
MATTHEW G. KIERNAN
`a'_ry'✓
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
March 18, 1993
VIA FACSIMILE and
EXPRESS MAIL
Senator Kenneth P. LaValle
325 Middle Country Road
Selden, NY 11784
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Re: Amendment to Special Act providing for the
establishment of the Fishers Island Ferry District
(Chapter 699 of the Laws of 1947)
Dear Senator LaValle:
The Fishers Island Ferry District is presently engaged in developing
plans and seeking permits to expand and improve the District's New London,
Connecticut terminal facility. These improvements will require bonding in
excess of that currently allowed by the act which created the Fishers Island
Ferry District (i.e., Laws of New York, 1947, Chapter 699, as amended).
The Board
of Commissioners
of the
Fishers Island Ferry District now
wishes to amend
the act for the
purpose
of increasing the debt limitation of
the District and
for the additional
purpose
of updating other sections.
I have drafted a proposed Bill which increases the debt limitation of the
district from nine hundred fifty thousand dollars ($950,000.00) to five
million dollars ($5,000,000.00). The proposed Bill also contains amendments
to Sections 6 and 7 which relate to the maintenance and administration of the
petty cash fund and the meeting schedule and compensation of the
commissioners respectively. A copy of this proposed legislation is enclosed
herewith and a copy of same is also being sent to Assemblyman Joseph Sawicki.
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 1993 Session of the New York State
Legislature.
0
Senator Kenneth P. LaValle
March 18, 1993
Page 2
If you have any questions or wish further information concerning this
matter, I would be happy to supply same.
Very truly yours,
4�tthew C. Kiernan
Assistant Town Attorney
MCK:mis
Enclosure
cc: Judith T. Terry, Town Clerk
Philip Knauff
0
STATE OF NEW YORK
679
1991-1992 Regular Sessions
IN ASSEMBLY
(Prefiled)
January 9, 1991
Introduced by M. of A. WERTZ -- read once and referredto the Committee
on Transportation _
AN ACT to amend the highway law, in relation to increasing the amount
permitted to be raised by taxes for certain highway equipment in Suf-
folk county
1 Section 1. Subparagraphs 1, 1-a, 1-d and of paragraph a of subdivi-
2 sion 3 of section 271 of the highway law, subparagraph 1 as emended by .
3 chapter 803 of the laws of 1986, subparagraph 1-a as amended and sub -
4 paragraph 1-d as added by chapter 523 of the laws of 1986 and subpara-
5 graph 2. as amended by chapter 610 of the laws of 1985,.are amended to
6 read as follows:
7 (1) Two hundred thousand dollars in the towns of Colonie, Bethlehem
8 and Guilderland in Albany county, in the town of Carmel in Putnam
9 county, in the town of Greenburgh in Westchester county, in the towns of
10 Orangetown, Haverstraw, Clarkstown, Ramapo and Stony Point in Rockland
11 county, [in the towns of Riverhead, Southold and Southampton in Suffolk
12 county,] in the towns of Camillus, Cicero, DeWitt, Manlius, Onondaga and
13 Salina in Onondaga county, in the'town of Poughkeepsie, Dutchess county,
14 or in any town of the first class in Erie county.
15 (1-a) [Pour] Eight hundred thousand dollars in [the towns of Babylon,
16 Huntington, Islip and Smithtown] any town in Suffolk county.
17 (1-d) [One] Notwithstanding the provisions of subparagraph one -a of
18 this paragraph, one million dollars in .the town of Brookhaven in Suffolk
19 county for replacement of equipment or replacement for comparable use.
EXPLANATION --Mattes in italics (underscored) is newrmatter in brackets
[ ] is old slaw to be omitted.
LBD02533-01-1
rrDnsmoox mXraw aws
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
an increase of the debt limitation of the district and updating other
sections.
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 as
follows:
Section 4. The cost of acquisition, construction and equipment of the
ferry, including lands and rights or easements in lands, shall be paid from
taxes levied for the fiscal year in which such expenditure is made; from
surplus funds, or from the proceeds of town obligations to be issued and sold
in the manner provided by the local finance law. The town board of the town
of Southold may borrow the amount needed for such purposes and issue town
obligations therefor in an aggregate principal amount not exceeding five
hundred thousand dollars. Upon adoption of a resolution by the town board,
subject to a permissive referendum by the owners of taxable real property
situate within the ferry district as shown by the latest completed assessment
roll of the town, such aggregate principal amount which the town board may
borrow and for which obligations may be issued may be increased to any amount
up to but not exceeding the sum of [nine hundred fifty thousand] five million
dollars.
Section 6. All moneys received from ferriage charges shall be deposited
daily in banks or trust companies in the state of New York and the state of
Connecticut to be designated by the supervisor of the town of Southold and
to the credit of such supervisor. The supervisor shall execute and file with
the town clerk additional security for the safekeeping and lawful application
of such moneys in such amount and with such sureties as the town board shall
approve. The expenses incurred in connection with any such undertaking shall
be a charge against the district. The ferry commissioners shall on or before
the tenth day of each month, file with the town clerk of the town a report of
U
0 0
their activities during the preceding month in such detail as the town board
shall require. Each such report shall contain a statement showing the amount
of ferriage charges collected and all obligations of the district unpaid at the
time of filing the report. All claims against the district shall be audited
[monthly] by the town board and paid by the supervisor from moneys remaining
to his credit and belonging to the ferry district. Out of such moneys the town
board may establish a revolving petty cash fund for the use of the board of
commissioners. Such fund shall be in such amount as the town board may deem
necessary but shall not at any time exceed the sum of fifteen hundred dollars
and shall continue in existence from year to year until abolished. Such petty
cash fund shall be placed in an account in the name of the commission and shall
be under the control of the manager and expenditures therefrom shall be made
only for payment in advance of audit of properly itemized and certified or
verified bills for materials, supplies and services other than employment.
[provided, however that expenditures not in excess of ten dollars at any one
time may be made for cash purchases of necessary materials or supplies.] A
statement of expenditures from such petty cash fund and their purposes
together with the bills or vouchers therefor shall be a part of the monthly
report to the town board. Upon audit by the town board such petty cash fund
shall be reimbursed in the amount of the expenditures allowed. In the event
that any such bill or expenditures are disallowed the manager shall be
personally liable therefor.
Section 7. The annual meeting for the election of commissioners shall be
held on the second Tuesday in August. At the first annual election one ferry
commissioner shall be elected for a term of one year, one for a term of two
years, one for a term of three years, and one for a term of four years and
one ferry commissioner shall be elected for a term of five years, to commence
on the date of this election. Successors to such ferry commissioners shall be
elected for terms of five years each. The commissioners shall organize by the
election from their number of a chairman who shall preside at all meetings of
the board of commissioners. The commissioners shall meet at least monthly [on
the second Tuesday in each month] in accordance with a schedule of meetings
to be established by them prior to the start of the calendar vear for the
transaction of the business of the district. Special meetings may be held at
the call of the chairman. Each commissioner shall receive for his services the
sum of [twenty-five] fifty dollars for each meeting of the board actually
-2-
attended by him. [provided that the aggregate compensation which any such
commissioner may receive for services rendered during any year shall not
exceed the sum of five hundred dollars.] In addition thereto each commissioner
shall receive
his expenses actually and necessarily
incurred in the
performance
of the duties
of his office. Such expenses shall be
paid from the
funds of the
ferry district
after audit and approval by the town
board.
Section 2. This act shall take effect immediately.
EXPLANATION --Matter in italics (underscored) is new; matter in 'brackets
[ ] is old law to be omitted.
-3-
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
0
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 9, 1993:
WHEREAS, the Fishers Island Ferry District is presently engaged in developing
plans and seeking permits to expand and improve the District's New London,
Connecticut terminal facility, and said improvements will require bonding in
excess of that currently allowed by the Act creating the Fishers Island Ferry
District (Laws of New York, 1947, Chapter 699 as amended), hereinafter
referred to as the Act; and
WHEREAS, amendments to the Act must be approved by the Town Board of the
Town of Southold and submitted to the New York State Legislature, and the
Board of Commissioners of the Fishers Island Ferry District now wishes to amend
the Act for purposes of increasing the debt limitation of the District and
updating other sections; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby concurs with
the Board of Commissioners of the Fishers Island Ferry District that certain
amendments to the Law are necessary and proper, and hereby authorizes and
directs the Town Clerk to submit the following proposed amendments to New
York Senator Kenneth P. LaValle and New York State Assemblyman Joseph
Sawicki, Jr. and request their assistance in enacting said amendments to the
Law:
Section 4. (Last
sentence) "Upon adoption of a
resolution by
the town
board, subject to a
permissive referendum by the
owners of taxable real
property situate within the ferry district as shown
by the latest
completed
assessment roll of the
town, such aggregate principal
amount which
the town
board may borrow and
for which obligations may be issued may be increased to
any amount up to but
not exceeding the sum of nine
hundred fifty
thousand
daHers, five million dollars."
Section 6. (Sentence 6) "All claims against the district shall be audited
mantiily by the town board and paid by the supervisor from moneys remaining
to his credit and belonging to the ferry district." (Sentence 9) "Such petty
cash fund shall be placed in an account in the name of the commission and shall
be under the control of the manager and expenditures therefrom shall be made
only for payment in advance of audit of properly itemized and certified or
verified bills for materials, supplies and services other than employment."
pravided; however; that expenditures not in excess of ten do#ars at any one
time may be made for cash purchases of necessary materials and suppRes-°
Section 7. (Sentence 4) "The commissioners shall meet at least mant"
an the second Tuesday in each month in accordance with a schedule of meetings
to be established by them prior to the start of the calendar year for the
transaction of the business of the district." (Sentence 6) "Each commissioner
shall receive for his services the sum of twenty-five dollars fifty dollars for each
meeting of the board actually attended by him." provided that the aggregate
compensation which any such commissioner may receive for services rendered
during any year shall- not exceed the sum of five hundred do4ors.0
`AJJudith T. Terryi�7G �, Jrre�
Southold Town Clerk
March 10, 1993
RECEIVED
MAR B 2093
Southold T,v, ,, ri.,k
F. 1. Ferry District Resolution dtd 3/8/93
Moved Commissioner duPont, seconded Commissioner Ahmnn
tL% WHEREAS the Fishers Island Ferry District is presently
engaged in developing plans and seeking permits to expand
Arid improve the District's New London, CT terminal facility;
and
WHEREAS said improvements will require bonding in ex.-ess
of that currently allowed by the Act creating the Flahers
Island Ferry District (Laws of New York, 1947, Chapter 699
as amended), herein after referred to as the Act; and
WHEREAS amendments to the Act must be approved by the
'town Board of the Town of Southold and submitted to the
St -ate Legislature; and
WHEREAS the Board of Commissioners of the Fishers Island
Ferry District now wishes to amend the Act for purposes of
increasing the debt limitation of the District and updating
other sections,
THEREFORE BE IT RESOLVED
requests that the concurrence
Poard of the Town of Southold
amendments to the Act:
the Board of Commissioners
and assistance of the Town
in submitting the following
_Siction 4, (Last Sentence) "Upon adoption of a resolution
by the town board, subject to a permissive referendum by the
owners of taxable real property situate within the ferny
district as shown by the latest completed assessment roll of
the town, such aggregate principal amount which the town
board may borrow and for which obligations may be issued mAy
be increased to any amount up to but not exceeding the sum
of none-hundred-fifty-theasand-de3lars, five million
dollars."
fe�_tion 6, (Sentence 6) "All claims against the district
shall be audited im&rethi-r-by the town board and paid by the
;supervisor from moneys remaining to his credit and belonging
to the ferry district. (Sentence 9) "Such petty cash fund
shall be placed in an account in the name of the comm(taion
Arid shall be under the control of the manager and
expenditures therefrom shall be made only for payment. in
Advance of audit of properly itemized and certified or
verified bills for materials, supplies and services othor
than employment, Prov{Beds-heweverT-that-expend{!urea-net-{n
cxeeaa-ef-ten-dei}ars-at-any{+ne-may-be-made-for-cash
pnrehl�ca-ef-necessary-rnaterfais-at,d-s�pp}{es."
F. I. Ferry District Resolutions dtd 3/8/93 page 2
agc jig_ 7. (Sentence 4) "The commissioners shall meet at
least in
accordance with a schedule of meetings to be established by
them prior to the start of the calendar year for the
transaction of the business of the district." (Sentence 6)
"Each commissioner shall receive for his services the sum of
twenty-five-deh4ars fifty dollars for each meeting or the
board actually attended by him, provided-that-the-aggr4�gnte
cempcnsalien-which-any-saeh-eammissiencr-rAay-receive-far
services-rtndered-daring-any-year-shall-net-exceed-lhr-atiM
of-five-handred-del•i:ars."
Vote of the Board of Commissioners: Ayes: Commissioner du -
Font, Commissioner Doherty, Commissioner Ahman. Nays: None.
Absent: Commissioner Burnham.
Moved Commissioner dupont, Seconded Commissioner Eoherty
2. WHEREAS John C. Evans has submitted his resignation as a
Commissioner of the Fishers Island Ferry District; and
WHF,RF:AS the Board of Commissioners has accepted his
resignation with regret; and
WHEREAS the Board of Commissioners wishes to appoint, a
person to fill the unexpired term of John C. Evans, said
term expiring on the second Tuesday of August 1993.
THEREFORE BE IT RESOLVED that the Board of Commissioners
desires to appoint Stephen A. Cook of Fishers Island, NY to
fill the unexpired term of John C. Evans and request~ the
authority from the Town Board, Town of Southold, to make
said appointment.
Vote of the Board of Commissioners: Ayes: Commissioner du -
pont, Commissioner Doherty, Commissioner Ahman. Nave: None.
Absent: Commissioner Burnham.
i'1vH FI � - 5 +-� •.� 1• ": ] _] _l - _o �-� �_ i-.: '-: .. � � f -i i� '_1 1- -. I_;
I
he (}iskers Aland fool
'SIt U,F.S 0. 14 FISHERS ISLANO, NEW YORK 06390 (516) 109.7444
Date:
To: Js► /F_t'Yoyrrin�n k�wJicitr_
FAX#: _../_-_I5 /f3Z
From:
FAX#:
Subject:
RECEIVED
MAR 8 1993
Southold Tou,,, rt.'4
Number of pages including this one:
It trouble with transmission, contact (516) 788-7444
C<1
ROMA IW.'I ASKER
Town Attorney
'`:'xn ,—'ri—. 1r'ol i
OFFICE OF TOWN ATTORNEY
GOWN OF SOUTHOLD
425 MAIN ST.
GREENPORT, L.1., NEW YORK 11944
Assemblyman Joseph Sawicki
P. O. Box 1060
206 Griffing Avenue
Riverhead, New York 11901
Dear Joe:
November 20, 1985
Re: Amendment to Special Act providing for the
establishment of the Fishers Island Ferry
District (Chapter 699 of the Laws of 1947)
TELF1 110NE
(516) 477-1400
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 acquired 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.
1 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 La Valle.
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-
OD
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
Assemblv, 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 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 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 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 twenty 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 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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AsJe:ldi,cus'ge'd,"
we' are looking for a copy of Senate Bill #5.49
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Act;olamentl
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Chapter
District to
699 of the laws of 1947, relating to authtrii
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in favor thereof and
thiYee
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tile. Badbush'. D(CUSED
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Mr, ibrbho j
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Mr.'Dook
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Mr. mol%in er
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it Mr. id's ada ; : !1061 , i l i' Mrs } penheimer .
Mr:
"Ill' 11441
I( Ferny I' li Ujt ( it 11. Poi !cyan
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Mr. %a/%b Br; .. bCCUSED 11,.437 {(( .
Mr,: P t. k .
i Mr,, Paterson kXCU
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M. e
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:' Mr. UoodmakiiMrs SSI nib
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j I Mr. Hahhon .1 ' (. I4� j ). i• i, Mr: Sia
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Mr. f holland I. I 60 1 Ntr: S�1e1fr
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I a Mr: Johnson f
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Ms. Yon osI$• .: J1h
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Mr. Larkin H. IS$ ) . r S aet/70wsk1
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:!. Mr. LW6116 ri Slat ord..
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•I Mr. Llelohter 1 Mr; Sr isky
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Mr_ Love Mr., Tri
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Mr. UboUs l 41.117 I I' f Mr'Tulhi,
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a Mr. WAbse' I :j 34 I i Mr: V lalfa%
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!I Mr: Maedhi ' 1' 6q 1 (1 1. r;, VQ,I
Mr.� Mari Ho f1Q t r, l�1/aldgn D(CUS
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1 Mn Markowit 1 I 1 451 ' 111111 Mr' Wr',Igh,'(
lil i :1574 11!1
Mr.; Masiello
YES
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, that t e: Secretary delivers d�ih to dhe Assen ably
Iii u. �Jd a;�
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f 15ti111I
hce therein.
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inted, and When
nment -- com-
as amended and
to authorizing
n of.Southold,
se Of the debt'
no thereof
BY GOVL-RNOR-
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A pr4 I �}t T BB TAKEN BY:
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Z7A B G M OR' S, ACTION TAMN
JUL 2 6 1993
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I=ntroduced-. by Sen.
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�nittee disdhnrged,
bill ••amendse
1�
I
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II
recommitted to said
committee
'I
l
AN,. ACT to amend chapt
t 699 Or' the Il
the creation of F16
Suffolk ccuntyi i
era island ter
relation to 'F
II,i
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I limitation of the d
strict and upd
I!
INITHE
t
ASSEMBLY
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inted, and When
nment -- com-
as amended and
to authorizing
n of.Southold,
se Of the debt'
no thereof
BY GOVL-RNOR-
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A pr4 I �}t T BB TAKEN BY:
iE1lk�F,!l.�ll1
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JUL 2 6 1993
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REAS: 147
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;., I H'T! . CERTIFICATION
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LB(3J3N-1D1_ 'Y-YESj,'NAY NO, NVrAB'STA IN, ABS -ABSENT,IIS
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7g comp.onsatIon
Oak.y. RC
O'A(e i I CA
Ort'loff C
O'Shea CJ
arment AVL
'arola FE
er.r�- NN
heI7 er Al
Illittere JT
orclum FJ
rescott LW
retlow JG'
j-oxkin 4V.,
amirez R_
appleyea CD
av x -t Z 1
eynolds TM`
}vera PM
obach JE
osado D.
an.ders S
awicki- X
chinuninger RL
vabrook%L
eminerlo AS
i.d1kman DS
ilver S
inger CD
traniere P-4
U11I.Van EC
ullivah FT
weency RE:
a II on JR
alomic FG`
edisco 1
0 cci RC
oka3z P
onko PD
owxx.s DC
ownsend DR
anu A
Italiano EN
arren GH .
einsteln HE
eise nberi H
t.Z. Rc
inner GH
right. KL -
r. Spe.aker
OTHER REASONS.
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jSlj GIUb (I ti Lb �;V-y�; 4 /HM; i I I . l I
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Alt THE SENATE
jc.••. ...:S:TA,T.:.E -.O F: -.N E.W...;Y,O R I'I
1
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1: ENf.I,I_T,M ,P. LAVALL
t� 1 W61.
iTRICTI I.I,
'I 6KOUTY I�A' TY WMIPI '
r ''I I I CHAIRMAN I :. Jul ' 1,
�q;�9,
; COfMMITTEE ONI HIOHER EO UCATION '
Eliza.I I I A I lj •'
€� lion beth jD,. Moore j
i. Counse�ljto the 1Cobernor
txecuii�te1i Chiu' er
I � �eaf�' lYIs i Moore,: '
I
he Ei RoVe refers
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Ii over nor Ifor Is!
gliaS qi]t would
12224
-Re. 6. �k902-A /A. 6801^
I
a cl
:e`dI bM has passed both houses of til,ejI,eE
1xisideration .
G
ease the debt limitation of the fiish r �7L;s]e
Suffaiicounty; t�sllow itrto-pura
nldon terminal facility, which is bas�.c'' ly
's ego. 'The improvements are neededv
ie of freight and passenger .traffic
L would increase from $25 to $50 pe me t
.e! ferry district, with an annual ltm}t '
anoissioners has remained unchangeit si c
favorable consideration of this bill. lI
Sincerel
'I i PII.is�'
I. t
1; b / '18
. LAOS
OOLG COUNTRY ROAD
EN, NEW MURK 11794
before the
in the
ird—ka--
it .was
handle
ion for
. . The
t{pgraide
I its. New:
1�u-1
r tha
increased:�ol
%eslr
�zx;addifa.Io{�,
tbJe:l
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12224
-Re. 6. �k902-A /A. 6801^
I
a cl
:e`dI bM has passed both houses of til,ejI,eE
1xisideration .
G
ease the debt limitation of the fiish r �7L;s]e
Suffaiicounty; t�sllow itrto-pura
nldon terminal facility, which is bas�.c'' ly
's ego. 'The improvements are neededv
ie of freight and passenger .traffic
L would increase from $25 to $50 pe me t
.e! ferry district, with an annual ltm}t '
anoissioners has remained unchangeit si c
favorable consideration of this bill. lI
Sincerel
'I i PII.is�'
I. t
1; b / '18
. LAOS
OOLG COUNTRY ROAD
EN, NEW MURK 11794
before the
in the
ird—ka--
it .was
handle
ion for
. . The
vuol-iU!,vel.yiNlvl
lit
rBio d4ZI0001X�{
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i ENV YORK STATE S'
AT
I
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! N1EM0RA�DU 1 IN SUPPORT O
E
IISLi9►fi1,C
�;N
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Mer I tin original:
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Bitli Nu
nib i ir, i Senate Assembly
h1
I: ,i
S.49,02• -A A.6801 -A
'! I
cg
Memos in amended
,
,•i
it SI?On5�O�rS:
N1 IM et of the Senate:
I I
tileinber of the Assembly: w7
1 �� I
I•
�t Commissioners or
skiers
�S��nd
-
Ferry
Intc;od
�cd lett lei request of:
(hie
j I Di,{ r lci
and t1 a Town Board of the Town of So
!
I° Ililf
TI LF_
OF B;IiL.Li AN ACT' to amend chapter 699 of
the
x ,I�
Ie
of 3{947+�
47'r
fold,
'lating to
i
cri:atio;n of the Fishers Island ferry disaiet i
for increase of the debt
{ih
ltrrlitat`
t
wl n Of
of
;Soot
the
Suffolk
,u,
and
Cour�ty�
, rclatto:n to Iprowiding an
�p
ldtPunct
j u'i danng
N.provisions tllcreor.
I.
ii 1?i�iR1 OS:1{�tA\D SUINIM CRY OF DILL: To'incr�cals
�.:
Ith
ebt
co
limt,I;!, n of Fishers
`''mt 5j lihcr's
I f ]�Sldrid' terry district*,om $950.000 to S5,000,000 and to t
66n) nsalion i from X25 per meeting to S50 per mecling w
rf I �
creia��c{'
I :
t�h
I
a
F I
ly Ij;{of $25, 000.
1 !1 � { t
I 1: '
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,
i
it
il� ' it
li is
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I TM
'
;I I 7T►t di t_ct is ipresently engaged in developing plans and SCC
the Dtstiict'sl`Ncw London terminal facility. Thcs�e
r4
g
T
{I its
meats
t6 'x and and
wt3 ul equine
I borid3n'g� in cxtcs's of'thai currcnily alloN�•ed.
I
- ( I �
! I R�IOR LFG]SL4`I'1N'E HISTORY: New bill.
�
{ �1,1'�G'�AL IV'1PLICATIO\S FOR THE STATE:
No
iai
1
(:.';!'the
Statieiil�i{l
I1
341FI F'1'IYEI
IRATE: This act shall talc effect immc
fy'
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!IUD- 1 0,- 1 D" V"zj 14 AM !!D : I
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j NEW YORK STATE SENA! E
MEMORANDUM IN SUPPORT 1C
f IIOF L
memo
III
'dr t �of
IS
11 bpr. Assembly
C) Mr-rno
S�. 4;902—A -A. 6801—A•
it
EI S, r s: Memberof the Senate.- LAVAJ L
j
Irk
ember 6f the, Assembly: Sa-wicki
it
�e, r,'eqnest or: Commissioners of�, e, 1 fSIS!i"
.
,II:and Town Board of The Town of Sou �161
Ii
I el
�'stlzlic+t
ANACr to amend chapter taj� s �If 194 7!. re
:OF, 699 of Lb
t! !of the Fishers Island ferry district S4
it '�nu OJZI th!6;�re� on,. :o6th
1i'C0UJjjLty;j Ln relation Ito 1pioviding for an increase of 0)o debt li �;Iiat on Ic
' j 'I '1 ;1 1; 1 . I I , 11
ji
qat,ng
_!�pd oug'pilovisl6nis thereof.
II
II �'!;U'A'00130AND SUMMARY OF BILL: To 1ncrca4'q,1j 1; 81
the' c6m
d" f ' in $950,000 to $5.000.000 and to i , ' I ss!
I.SWC1 from Inch
h iinl on, fr6rhl $25jper meeting to $50 per meeting. q:1 e a r 3
)p sp
it
J USI it 1 CATION 1
Thd d'presently:engaged in developing plans and sec mg 1
p;s I t is �
iTxj:pr6 ti Lh, e Distridt's. ew London I
N erTninal facility. These J n e Is ill
P
C s I currently allowed.
I+ ( I% , �k ILEGIIS!LATIVE HISTORY: New. bill.
T10jNS* FOR THE STATE:
I ng [a.
T�'l P L N 0 0 1
FF.E 1vt"'O'ATE: This act shall take effect immodia el,
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ended
Ferry
g to
Suffolk
and
if Fishers
S
of $2500
I ire
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.th:, es thi
fqci
t I
gs pc�lltl
ill
IV6
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# 9/ 18
gold, Suffolk
ments to its
relating to
to improve
Lg in excess
BILL N%EMORANDiTM
k�
!!i'il
,
II
I
6801-A
of A. SA" WICKI
Fishers Island Feiry District
.':
le UP to $5,000,000 in bonds fo
c
lilies. The bill also upciates.
: 0r
P
increasing compensation for -1.
p on undertaking cap
L
t�c
aminal facilities: These facimies
.y ccUth6rized $950,000.
I
II
IV6
Ire,
# 9/ 18
gold, Suffolk
ments to its
relating to
to improve
Lg in excess
JWD-11 67,1 tD).Uy: 4/Alm;
A -
. . . . . . . . . . . . . . . . .
'j
:1l 1 IT )'COUNsEL TO THE GOVFJ
E:, sr=NATE
S EMBLY
ii
nasmile-h.
!as this bill does
of: Law, I am not c
i Ith re Is'at Ipprticuiar aspect of t
if
it
Dated
A
la�
ir I I'i .I
I,I ' lI� 'i II 1
Iib
'I J/ -I d
411!9111
I'll
WOR
it
not appear ta,i,
t;
4vj1i
of the
ornmenting
1,
�qOns
therea
ta
i -n
owever if
ie bill upon whit
you
0,0;
r' please
Il,
ROSEFrrii
JkTTOR
it
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Law-Ch#pt
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J 1 TEN-DAY BILL
•-GIET*-RIEP'OR-r"OZ4'.,BIL,L�s
Introduced by:
'I-aValle
xi 699
?f 194�7;
6 Bud let recommendation on the above bill;
No -Objection: X RL
-is
ubi t6L
!I IThis lidgislation amends Chapter 699 of the Laws' If! f!)4
8.reaii6in'of th'&'Fishers Island Perry District in the, p
the puipbsi of this legislation is to increase thedeti
.0.$�,.$5,000,000 in order to expand and * d Ill
9:5o,666 it improve
terminal facility. Additionally, this proposal would
OPT
t,y--eac)-�:-j�ember-of-t.hc--Boar-d-of-Com- m -issioners-fro in'!
annual!! iCap of $2,500. !i if
II
2
If
Under cu
amount n
equipmFn
Comm ."slsi
for every'
y
ul
;IJ
j! a!,
services.
ffect►ve'
in(
'6b:
ji
i ' i �i �
col
Ar
1170
iprc
;i
i I r,
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'�
' li i
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01.
rent Ilaw, the Town of Southold may .'borrow4
lit to; exceed $950,000 to finance'the colt
Iid
of !-the Fishers Island Ferry- Addid n
niers now meets on the second Tuesday of Ch , rr
meeting they attend and cannot receive or !I
I II
mmitidiattly this bill:
.cases the maximum amount that can betiiorr,6,
gatilions by the -Town of Southold fil'
struction , acquisition and equipment needsfithe
7 amount exceeding $500,000 requires f at,' al i
vni Board subject to a permissive rcferenum;
b,
perty within the Perry District;
e Corr
$5
: 7 1
issue
I. ll !
• VA?
Yehr:'1993
NO
4, 6,7
orizing the
Plk County.
strict from
-w London
)n received
'.tions for an
;truction and
s Board of
i receive $25
My for their
issuance of
100,000 for
rry District.
pted by the
taxable real
J5-�1a-I.0'vyl.4/AIVI,;1 I� I;:b]642b
i- -- " amends the existing I
. I .; . • ,1 g guidelines with respect ,Lo !the h ag�me
.`.i ,'� �•• ! ! I 1�femage�cli�arges"collec[ed �by`piovidir►g�grea er tie='= "'--'�'•=
1 claims] against the District. This section. al :Of C 1
purchase made from the petty cash fund;
requires that the Board of Commissioners 4166t g
!� I -
1 I I j wth a ;schedule established by the Board pribrito i
L I year, and that all members receive $50.00 fo•ea:Y
it L, I attended provided that the total annual compensate
I $2,,500..
If
Prior f -le islative FTistorx: jl 1
I Ll
III I' ..ghapter ; 968- of the Laws of 1973 amended the s ctio
l l 1 1
compensation by raising the amount from $10 per 11=
j 1916 of the Laws of 1983 amended the section relatedjto 1
1 p Island:Ferry'District by increasing it from $750,006,tq S
4 i rgurnlents in Sugport: ;
a) (Under current law, the Southold Town B axcE lr.
1$950,000 for acquisition, construction and eI ip rie
Fe Distr-ict—T-he--T-own is-Gur-rend develb' rn•
;the 14ew London Terminal Facility which is cot►si
Although the actual cost of this plan is not yeti! ,c
(more than what the District is currently autho iz, t
]limit will permit the.District to proceed with Rths:p;
j j I jvessels'as necessary. Replacement has j� been di'ffic� I i limitations.
li 1 I i i I I I
I
'The Town Board may not issue obligations ibi Ian
II I'
Iwifhout adopting a resolution that is subject !too! p
i ! 1 prop"eity owners within the ferry district. Tlisp*c
I l ) any rnajor expenditure decision, there will be,peal i
r 1,
will ultimately be -responsible for the debt is ued.
i Outside] of reimbursement for any actual an ne.e
meeting fee is the sole compensation receiv d ;by
I •I services. These fees have not been raised sine' 1i
;I
s II
I 5 I ssibie • Obi ection
I j j a) this legislation would raise the debt limita ionl
400%. Although this is a sizable increase, thou
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if
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it
# '12/ '18
reporting of
ing audits •of
nit per cash
la I I I
X11"E9'iI�R
monthLylljin accordance
egi nin' 'i6fjthe�ir calendar
'Itin1 of � Rf j;board actually
r;7mb to oes not exceed
jiIIIIf
III
• lh,�Ijf4
Ltin toll�c d members'
;25 per' Chapter
limitation j 'or the Fishers
iitlSF, it
I j F IIIIi
l+„i�l;lll
boriowil,anci issue up to
..eds: ofIt,4, Fishers Island
�n to=expand-and improve–•
i.m
i inadegµate and unsafe.
i; it; w 1'i;iC significantly
xo�v hD hcreased debt
nd lconsltruct replacement
the' past Aline to financial
)u t exl' ng $500,000
rn�y ;
.ss iLe re erendum by the
)n, d;sPthat, prior to
j It
by tb, os 1 ividuals who
if l I p
' Ij 3r 1 I i;l
Y; xper�V s6i the $25 per
CM, mBffoiiers for their
of
tIthon=
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r
I Ill
I
pRll
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1 I
1I'ri1
I
the
Districts'
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more than
the
WO-167in''J 4 AM;
necessary enhancements of the New London ac I
."construction -oTf`hev�r vessels w.bu'ldbd`
further;
cle
! t
eased in ten yB I i
;limitation has not been increased �S.
b Authorizing an increase in the Fishers Islan
d el
may require an increase in the District tax levy.
-in S
f ancial impact on the. local. taxpayers. It h Duld t
levy currently imposed by the District is -actually,
remained considerably below that level durin the
II I l. District is planning to petition the Interstate I Cc
increase in tariffs- Although they anticipate!that
addressed by by the tax levy, raising the tariffs'11 1
Oo
co�sts!if necessary.
I l
It has not been demonstrated that, a per die ft
lindividuals to
serve on this commission.'
6I. ' I Other:State Agencies Interested:
Ij The 0ificib of the State Comptroller would have an interssti
jf�11 itt
yet'de,�61oped a formal position, i
no-w-iiLP-6si.tic;n-of—Others.:--.--
Th W,n of Southold has requested this legislation
i& 'I' 1.BudL7e:..implications:
H
There ;would' b,'o no budgetary implications for the 1
Since the Town of Southold will have the ability to i4s.
enactment i of,;this legislation is likely to result in incr I5
fl j annuali Idebt
service payments for longer periods of iit
n
i anciil liability on local taxpayers within the District
,,(Recommendation:
This legislation -would increase the debt limitation wi.J
consction an.
Of
.: d equipment for the Fishers Island Ferryil'
Although it has not been demonstrated that the'!
Commissioners is necessary; this proposal would pei -mil
11onclonterminal facility while providing for local; Jnp
necessary !exceeds $500,000, with no budgetary. im ac
Pudget Divisioh has no objection to its approval.
ll l� ,; I ,I �,, ( I i,
-2
41
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If f
:Ibl 842b
Is
tot
It 4'in t e
J � t; U:
# '13/ 18
ce and the
, the -debt
ing limitation
ve a negativ e
r, that the tax
1980 and has
addition, the
.ssion for an
meet will be
; debt service
attracting
but has not
s legislation.
of debt, the -
tiring greater
LCe a greater
'acquisition,
of Southold..
ided to the
ice the New
t of funding
ierefore, the
IVb-Itl IbryV/AM;'•I I�I
1
• �i i It j
t
STATE OF NEW YORK
I DEPARTMENT OF STA!✓I
,
,I
I' I ALBANY. N.Y. 1223 1 -00 1II! l
IGAfL 5. SNAPPER
SECRETARY OF STATE E X O R A N D V
I I
�IHon: %Elizabeth b. Moore
II !1'Counsel to .the Governor , �
,I ! t
;I
I FROM- ,i Ic
James� N. Baldwin
! 1Exeutive Deputy secretary o S to
ISIISS Te,' S'.4 4.902-A (Sen. Laval
le) II,
fit. 'comttlendation : No Obi ectipn
.� I _
A I -, �uily . 14, 1.993.
I .'I
You `x-:�cSl�este'd our comments and reco el $�
If num er
( 4' di4 r
q.
,I I s;cnec3
II comm i
I 1 excee
ai
.j I
ii I i:nr,n
td' bill.
I I �lyd
iis- bi--]-tiiou3d-amend s-ndtioris 4,—� an
rs of; nineteen hundred forty-seven ,Yetis
ageii►ent `,of the Fishers Island Ferryl DMS
d', 'Suffolk County, to increase the' c- t 1
t..f�6m $9t0, 000 to $5,000,000, to al dw t
e the ; date of their monthly meetings I �n,
loner, i s , Gompens•ation from $25 to 5,01
an aggregate amount of $2,500 in a ; ;i•ylea
e f'I xy district is engaged in a i IjgF:f�.
th� , IdistrictI's facility in New ondo3i,
s 'to enlarge . its terminal buildin , j I4el
increase. the size and improve th °'' safe;
area; landj;bulkhead the ferry slips.; { ' I'
t 'to; construct replacement vessels, ,as n',J
ments -Ito, Ithe ferry site are expec e3• .t,�
000 ; I• { '• hiu�h is in excess of the r, ser
ion.1,T lsillegislation resolves that p bb
jl ; i I
cant; to the original act, (T,.1947, c ;
Fishers Island' Ferry Disti •ict Is Id
1, iA;cluding land acquired in Connec44!c t
Ards the ,.electors of the fer7ry dist I�
through permissive •rererenda .whethe I'It�pp
expenditures. The Southbld town skpat•v:
ad the ' town's support of the above- ef' Ire
x that : foregoxng reasons, this o g1 c hl s
I I`
Con
f
E.
''I-
* 14/ Ib
e above -
r 699 of
creation
Town of
'3 of the
oners to
ase each
not to
and. and
zut. ' It
rreight
vehicle
11 also
capital
%rds of
'Y debt
roperty•.
['own of
of the
pity to
Y major
Loa has
lation.
ions to
I MIVI,
1.0--il
4ZO
04Q fF In/ Its
i
H
it i
ff
I
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fff
i
fli
1-1on1-
�Elizabekh .:D, ...Moore . ,...
Li.1
i�
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�{
�irtf` flF
ju y!
13, 19931
if
i
�
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'0
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behalf of the Commissioners of th
'�
i I
I�
s
if
f+� �IIIi(i(
a nn,
Mario
it, e Tow Board of the Town of Southold,
Cuomo
h
e,
yi� re
Ue,
District
a Governor
119'rill the legislation into law.
A.:
Very Tr
-Scott L.,
Ha
-IT
GK:cc
Supervis
r).
ri
46
UditT Terry, Town Clerk
Hill
ip! Knauff
if
norlible Raymond L. Edwards
I
t
if
it
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if
j
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it
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M
I HARVEY A.:'ARN
Tower xtioi-iIiey
AATTtHF_
Assistant ro%'l
It
I
li If
. ',VIA
~�o�Og�►FFOZ,�coG�
LN
y
OFFICE OF THE TOWN AT
cN1
TOWN OF SOUTHOU)
July -1.3,
!9
ERN IGH
Th
PI. i` Lilos rL
a r J.
plan and' se
it nec
ic t,
C as's ,I of thi
iFeF77Y, Distric
P ,I
wls14 to. rh
the ct!.6
II "(amenrpent
eom
ensatiein
it
:J
J
ii I I� I � ! I 't
'k, I ;� � �' I I' I t I
Is Is
IIn response to your request for Icoi
'I, -
the I , above -referenced legislation.,
e Fishers Island Ferry District is preset
ca ing; . I
permits to expand and impr P!. ;
1 �
terminal facility. These improvem' .,rits
itl currently allowed by the act wh'i_,�!
t (i.el'., . ., t: .,
Laws of New York, 1947, C apt4
BOaLi-d Of 'Commissioners of the Fisl;64rlili
ehd: the act for the purpose of incas
n6 for the additional purpose of upda"ill-I
to :1 Sections 6 and 7 which rel d e'
of I the Petty cash' fund and; ltkik
the commissioners, respectively)
J IiI
ed I the
nd Fer
the 'de
r
-sej
the iim
t i n
SCOTT L. HARRIS
Supervisor
n Hall. 53095 Main Roa
P.O. Box 1179 ,
ahold. New York 11971
Fax (516) 765-1823
lephone (516) 765-1800
nda- -
i developing
few London,
bonding in
hers island
ided).
)istrict now
imitation of
s
mance and
%edule and
Corns
zjliab'14�
'I to the
D.11 Moore,
boiVernor
;i ecutive.
dhambei-
it
apitiol
Albar
NeW' Yok
. .
r 12224
e.
- B-4-1-PLs-Untroduc
ftw-y-Number
r-4-902 -
Amendment to Special Act providi
§Ilftr
establishment
(Chapter 699
of the Fishers Island
of the Laws of 47)
19
jij
A!De
z
rMoore:
onorable
h
Th
PI. i` Lilos rL
a r J.
plan and' se
it nec
ic t,
C as's ,I of thi
iFeF77Y, Distric
P ,I
wls14 to. rh
the ct!.6
II "(amenrpent
eom
ensatiein
it
:J
J
ii I I� I � ! I 't
'k, I ;� � �' I I' I t I
Is Is
IIn response to your request for Icoi
'I, -
the I , above -referenced legislation.,
e Fishers Island Ferry District is preset
ca ing; . I
permits to expand and impr P!. ;
1 �
terminal facility. These improvem' .,rits
itl currently allowed by the act wh'i_,�!
t (i.el'., . ., t: .,
Laws of New York, 1947, C apt4
BOaLi-d Of 'Commissioners of the Fisl;64rlili
ehd: the act for the purpose of incas
n6 for the additional purpose of upda"ill-I
to :1 Sections 6 and 7 which rel d e'
of I the Petty cash' fund and; ltkik
the commissioners, respectively)
J IiI
ed I the
nd Fer
the 'de
r
-sej
the iim
t i n
SCOTT L. HARRIS
Supervisor
n Hall. 53095 Main Roa
P.O. Box 1179 ,
ahold. New York 11971
Fax (516) 765-1823
lephone (516) 765-1800
nda- -
i developing
few London,
bonding in
hers island
ided).
)istrict now
imitation of
s
mance and
%edule and
I :I
a
1.
i
i
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jay
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