HomeMy WebLinkAboutFishers Island Sewer District
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RESOLUTION 2008-274
ADOPTED
DOC ID: 3675
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-274 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 11,2008:
WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.70] 9 and
Assembly Bill A.] 0081 and
WHEREAS, the bill seeks to ratify the proceedings and actions taken by the Town Board of the
Town of Southold, in relation to the Fishers ]sland Sewer District; now, therefore, be it
RESOLVED that pursuant to Article]X of the Constitution, the Town Board ofthe Town of
Southold hereby requests the enactment of Senate Bill S.70l9 and Assemblv Bill A.1008l
entitled "AN ACT validatinl!. ratifvinl! and confirminl! the establishment and operations of
the Fishers Is]and sewer district and certain proceedinl!s and actions taken bv the town
board of the town of South old in relation to the establishment and operations of said sewer
district" .
~r.(~Clq,,,",(.t..
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
A YES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution, the
Town
of
(county, city, town or village)
Southold requests the enactment of - bill (No. A 10081 ),
(name) Assembly
entitled" AN ACT validating, ratifying and confirming the establishment an&'8~&'aiT&hs of the Fishers Island
sewer district and certain proceedings and actions taken by the tnwn board of the town of Southold in relation to the
establishment and operations of said sewer district "
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
ex The local government does not have the power to enact such legislation by local law.
o Other facts, as set forth ih the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
o The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
Dc The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a. majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater. "
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)
(chief executive officer)
(Print or type namebeJow signature)
Date:
,20
(Title of chief executive officer)
CLERK'S CERTIFICATION
I,
Elizabeth A. Neville
(print or type name)
Town Board
, do hereby certify that I am Clerk of the (
of the. Town
(iocallegislativebody)
)
of
Southold
(name)
20----.OJL, such legislative body, at least a tw~.:rds of the total membership having voted in favor thereof,
~~~ .
approved the foregoing request. ("riko oot 000) . f)/I. n ~ilQ4 nil
(Signed) C ---f/.,O~fJi141_,_JI!11::b
(clerk)
[SEAL OF LOCAL
GOV,"",Mwr) Elizabeth A. Neville
and that on the
11th
(county, city, town or village)
day of March
(Print or type name below signature)
Date:
March 11
,20~
INSTRUcnONS
Copleo required',
Two signed copies of this form, specifying the linal bill number and title must be filed with ~ach House
of the Lcgislatu"'.
Exampl~s:
(a) If the bill has been introduced in only on~ House of the Lcgislatute, four copies of the "'quest
form must be filed, i.e., two with the Senate and two with the Assembly.
(b) If the identical bill has been introduced in both Houses, eight copies of the teqUest form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for the Assembly bill.
Dale of reqaeot.
The signing of a home rule "'quest or the adoption of a ",solution by the local legislative body approv-
ing suchtequest cannot pteeede the date on which the bill is actually introduced in the Lcgislatu"'. In the case
of ptefiled bills, the actual date of introduction is the lirst day of the legislative session. The tequest may be
signed or the teSOlution adopted the same day as the date of introduction.
Amended hUb:
Each time the bill is amended a new "'quest must be filed (with the appropriate number of copies) and the
new teqnest must cotteCtly identify the bill number as last amended. The signing of the tequest, and the date of
the supporting ",solution, cannot ptecede the date of the amendment.
Tnnamlttal.
The signed forms should be sent as follows:
To th~ S~1lIlt~:
Home Rule Counsel
Senate Post OIIice
The Capitol
Albany, N. Y. 12224
To W Assembly:
Home Rule Counsel
Assembly Post OIIice
The Capitol
Albany, N. Y. 12224
Definition of lel'JDll:
Chi~f ~x~cutiv~ of!ic~r.
In the case of a county, the elective or appointive chief execUtive officer, if the", be one, or otherwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in
the case of a town, the supervisor. (Municipal Home Rule Law ~4O)
Locallegi.r/ativ~ body.
The board of supervisom, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local Jaws or ordinances. (Municipal Home Rule Law 12)
Local gov~m_nt.
A county, city, town or village (Consl. Art. IX, 13; Municipal Home Rule Law 12)
Special /Dw
A state statute which in terms and in eftect applies to one or mo"" but not all, counties (other than those
whoDy included within a city) cities, towns or villages. (Consl. Art. IX 13; Municipal Home Rule Law 12)
To/Dl _mbnship.
The totaJ voting power of a legislative body. (Municipal Home Rule Law, 1120, 40)
r . :'~.~
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution, the
(county,city, town or village)
requests the enactment of Senate bill (No. S.7019
(name) ~
entitled" AN ACT validating, ratifying and confirming the establishment an8'B~.J'fillT&hs of the Fishers Island
sewer district and certain proceedings and actions taken by the town board of the town of South old in relation to the
establishment and operations of said sewer district "
Town
of
Southold
),
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
ex The local government does not have the power to enact such legislation by local law.
o Other facts, as set forth ih the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
o The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
Dc The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a'majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater."-
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)
(chief executive officer)
(Print or type name below signature)
Date:
,20
(Title of chief executive officer)
CLERK'S CERTIFICATION
I,
Elizabeth A. Neville
(print or type name)
Town Board
, do hereby certify that I am Clerk of the (
of the. Town
(local legislative body)
)
of
Southold
(name)
20----D.JL, such legislative body, at least a two-thirds of the total membership having voted in favor thereof,
~~~ -
approved the foregoing request. ("rik,,",,",) . f}/I. n ~!J.Q--o n/J
(SIgned) C Y1/Jlu1.p,-'_Jl~
(clerk)
[SEAL OF LOCAL
GomNM'NT] Elizabeth A. NevilJe
and that on the
11th
(county,city,townorvillage)
day of March
(Print or type name below signature)
Date:
March 11
,20-.!UL
INSTRucnONS
Copl... reqaIred..
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
(a) If the bill bas been introduced in only one House of the Legislature, four copies of the request
form must be filed, i.e., two with the Senate and two with the Assembly.
(b) If the identical bill has been introduced in both Houses, eight copies of the request form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for the Assembly bill.
Date of requ...t.
The signing of a home rule request or the adoption of a resolution by the local legislative body approv-
ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prcfiled bills, the actual date of introduction is the first day of the legislative ..ssion. The request may be
signed or the resolution adopted the same day as the date of introduction.
Am_ded billa.
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly identify the bill number as last amended. The signing of the request, and the date of
the supporting resolution, cannot precede the date of the amendment.
Tf'1UlI1IIItw.
The signed forms should be sent as follows:
To the Se""te:
Home Rule Counsel
Senate Post Office
The Capitol
Albany, N. Y. 12224
To the Auembly:
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, N. Y. 12224
Definition of tel'll18:
Chief executive officer.
In the case of a county, the elective or appointive chief execUtive ollicer, if there be one, or otherwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in
the case of a toWn, the supervisor. (Municipal Home Rule Law !i4O)
LocDllegislDtive body.
The board of supervisors, board of aldermen, common council, council, comm;..;on, toWn board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local Jaws or ordinances. (Municipal Home Rule Law !i2)
LocDl government.
A county, city, town or village (Const. Art. IX, !i3; Municipal Home Rule Law !i2)
SpeciDl law
A state statute which in lcrmI and in efIicct applies to one or more, but DOl all, counties (other than those
wholly included within a city) cities,_ orvil\agcl. (Const. Art. IX !i3; Municipal Home Rule Law 12)
To/il1membenhip.
The tota1 wting power of a legislative body. (Municipal Home Rule Law, 1120, 40)
, :"/
THE SENATE
STATE OF NEW YORK
f ~7</
.3-;/-oY
KENNETH P LAVALLE
SENATOR
I Sf SENATE DISTRICT
CHA]J~MAN, MAJORITY CONFERENCE
CHAIRMAN
COMI\1ITTEE ON H1GHEr~ EDUCATION
325 MIDDLE COUNTRY ROAD
SUITE #4
SELDEN, NEW YORK 11784
March 3, 2008
Elizabeth A. Neville, Town Clerk
Town of South old
Town Hall
53095 Main Road, PO Box 1179
Southold, New York 11971
Dear Ms. Neville:
Constitutional provisions mandate that certain bills require a Home Rule Request before the
Legislature can act upon them. Senate Bill S.7019/A.I0081 is one such bill.
We respectfully request that your office assist us in having the enclosed forms completed and
returned to the Home Rule Counsel's Office, the State Capitol, Albany, New York, 12247.
(Please see reverse side of Home Rule Request forms for more specific instructions.)
Your prompt attention to this request is most appreciated.
Sincerely yours,
--.---
,
~/'f:J:L-----""
./' 1,/ _.L--<...
P"'-.~ ~
Valle
Enclosures
o
RETRIEVE
Page 1 of2
BILL TEXT:
STATE OF NEW YORK
S. 7019
A. 10081
SENATE
ASSEMBLY
February 27, 2008
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. ALESSI -- read once and referred
to the Committee on Local Governments
AN ACT validating, ratifying and confirming the establishment and oper-
ations of the Fishers Island sewer district and certain proceedings
and actions taken by the town board of the town of Southold in
relation to the establishment and operations of said sewer district
The Peop:J.~Q~_~h~__~~.!:!~_~_ of ..~~_~._)~~2_~~J __fepresented in _~enate and Assem-
:P!Y"!""",,,,9.<.?__E!~~c t ~~__~~1;l()~1?-.E
1 Section 1. The establishment of the Fishers Island sewer district (the
2 "sewer district"), pursuant to the order adopted by the town board (the
3 "town board") of the town of Southold, Suffolk County, on August 28,
4 2007, is hereby validated, ratified and confirmed notwithstanding that
5 the town board had not previously adopted such order establishing the
6 sewer district following the adoption of the conditional order for said
7 establishment by the town board on November 10, 1977, after the public
8 hearing held on July 12, 1977, all pursuant to the provisions of article
9 12-A of the town law.
10 ~ 2. All proceedings, actions and undertakings of the town board
11 pursuant to applicable law, relative to the establishment and operations
12 of the sewer district, including but not limited to, the acquisition of
13 and construction of improvements to the sewer system in and for the
14 sewer district and the operation, maintenance and repair of said sewer
15 system, the assessment, levy and collection of special assessments upon
16 the several lots and parcels of land within the sewer district which the
17 town board shall have determined and specified to be especially benefit-
18 ed by the improvement, the expenditure of funds, whether obtained from
19 special assessments, proceeds of obligations, grants, or any other
20 source and any contracts validly entered into and obligations author-
21 ized, sold and issued for any purpose related to the acquisition, opera-
22 tion, maintenance, repair and improvement of the facilities of the sewer
EXPLANATION--Matter in it~1i~s (underscored) is new; matter in brackets
[-J is old law to be omitted.
LBD15287-01-8
http://leginfo.state.ny.us:8080/asmsen/bstfrmel. cgi
3/3/2008
RETRIEVE
Page 2 of2
s. 7019
2
A. 10081
1 district, heretofore or hereafter taken, are hereby deemed to be valid
2 and binding, notwithstanding that prior to August 28, 2007 the town
3 board had not adopted a final order establishing the sewer district in
4 conformity with the requirements of article 12-A of the town law.
S ~ 3. This act shall take effect immediately.
http://leginfo.state.ny.us:8080/ asrnsen/bstfrme1.cgi
3/3/2008
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI, Sec. I
( x ) Memo on original bill
( ) Memo on amended bill
SENATE BILL#: S.7019
ASSEMBLY BILL #: A. 10081
SENATE SPONSOR(S): LaValle
ASSEMBLY SPONSOR(S): Alessi
TITLE:
AN ACT validating, ratifYing and confirming the establishment and operations of the Fishers
Island sewer district and certain proceedings and actions taken by the town board of the town of
Southold in relation to the establishment and operations of said sewer district
PURPOSE:
To ratif'y the proceedings and actions taken by the Town Board of Southold, Suffolk County in
relation to the Fishers Island sewer district.
SUMMARY OF PROVISIONS:
The bill confirms the actions and undertakings of the Town Board of Southold relative to the
establishment and operation of the Fishers Island sewer district.
JUSTIFICATION:
The Fishers Island sewer district was established by conditional order on July 12,1977 and has
functioned since that time. All appropriate procedures required by Article 12A of the Town Law
were taken with the exception of filing the final order. This past year, upon failing to locate the
final order, the Town Board, on August 28, 2007, adopted a final order. Due to the foregoing,
the Town seeks to have the order and its prior actions and undertakings on behalf of the sewer
district confirmed by the statute.
LEGISLATIVE HISTORY:
Newbill.
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
ELIZABETH A. IVEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGG OFFICER
RECORDS MANAGHMENT OFFICER
FRF.F.UOM OP INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
FAX TRANSMITTAL
Attn: Jeanne
To: Executive Chamber, Counsel's Office
From: Linda J. Cooper, Deputy Town Clerk
Dated: August 1, 2008
Re: Legislative comment
Number of Pages (including cover): 2
If total transmittal is not received, please call 631-765-1800, Ext 210
COMMENTS:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631)765-6145
Telephone (631) 765-1800
Please advise if the following letter is what is required. I shall be here in the office until 4pm.
and will return on Monday at Sam
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631)765-6145
Telephone (63 I) 765- I S00
OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD
August 1, 2008
Honorable David A. Paterson
New York State Governor
Executive Chamber
Legislative Secretary
State Capitol
Albany, New York 12224
Dear Governor Paterson:
The Southold Town Board representing the people of Southold Town and representing the
Fishers Island Sewer District endorse and approval the passage of Senate Bill S.1019 and
Assembly Bil] A.10081 "AN ACT validating, ratifying and confirming the establishment
and operations of the Fishers Island sewer district and certain proceedings and actions
taken by the town board of the town of Southold in relation to the establishment and operations
of said sewer district".
Thank you for your consideration in this matter.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
/lj c
08/01/2008 14:57 FAX 15184748099 NVS EXECUTIUE CHAMBER ~ 001/003
EXECUTIVE CHAMBER
COUNSEL'S OFFICE
Room 214
(518) 474-8494
FAX: (518) 474-8099
FACSIMILE TRANSMISSION FOR
IMMEDIATE ATTENTION
TO: E1izaDeth Neville
FROM: Jeanne
DATE OF TRANSMISSION: 3
NUMBER OF PAGES (Including Cover Sheet);
MESSAGE: As Discussed Please forward this to the proper person who would handle the
legislative comment for bill # Any comment should be on letterhead addressed to the
Govcmor,
Could you please send me a copy of comment via fax: 51874-8099 attention: Jeanne and then
send original to by mail or a-mail.
Executive Chamber
Legislative Secretary
State Capitol
Albany, New York 12224
If e-mailing: Legislative.SecretarvCcr7chamber.state.nv.us
If you have any further questions don't hesitate to call me. 518-474-8494.
Thanks so much.
I1rb jaeabnIIe bansn~issiare say contain rnnjtdendd or prlvlfegedujonnation wktck is Intended odyfor fke sae by
rke adividad or enriry eo whfek dYe banreiitsion !s addressed IJyroa arcs not eke intended -ecipieny yow are hereby
nah; frsd /hat ory dlsrJosr-e, dissen~inafion, copying er dlaNiDWron ojfkts nawsnrlasJon it slridty prohibited Ijyon
kax receixd !bb froiuatiaslon 1« error, pkose nodJy rs by fdepkone uesedlafely sa ekae we can arrongs jer eke
rdbn of fks deesonents ro at d no cost fo yot~
08/01/2008 14:58 FAX 15184748099 NYS EXECUTIVE CHAMBER f~002l003
RETRIEVE
S. 7019
STATE OF NEW YORK
SENATE - ASSED®LY
February 27, 200a
Page 1 of 2
A. 10081
IN SfiNATB -- 2ntroduced by ben. LAVALLfi -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSfiMBLY -- Introduced by M. of A. ALESSI -- read once and referred
to the Committee on Local Governments
AN ACT validating, ratifying and confirming the establishment and oper-
ations of the Fishers Island sewer district and certain proceedings
and actions taken by the town board of the town of Southold in
relation to the establishment and oparatioae of said sewer district
The PeoDls of the State of Ner York, re_praeeatad is Sanaee and As.a_em-
blv, do saner se £ollore~
1 6ection 1. The establishment of the Fiehera Island sewer district (the
2 "sewer district"), pursuant Lo the order adopted by the town board (the
3 town board") of the town of Southold, Suffolk County, on August 29,
4 2007, is hereby validated, ratified and confirmed notwithstanding that
5 the town board had not previously adopted such order establishing the
6 sewer district following the adoption of the conditional order for said
7 establishment by the town board on November 10, 1977, after the public
e hearing held on July 1a, 1977, all pursuant to the provisions of article
9 12-A of the town law.
to ~ a. All proceedings, actions and undertakings of the town Doard
11 pursuant to applicable law, relative co the establishment sad operations
12 of the sewer district, including but not limited to, the acquisition of
13 and eonsiruetion of improvements to the sewer system in and for the
14 sewer district and the operation, maintenance and repair of said sewer
15 system, the assessment, levy and collection of special assessments upon
16 the several lots and parcels of land within the sewer district which the
17 town board shall have determined sad specified to be especially benefit-
1a ed by the improvement, the expenditure of funds, whether obtained from
19 special assessments, proceeds of obligations, grants, or any other
20 source and any contracts validly entered into and obligations author-
ai ized, sold and issued for say purpose related to the sequiaition, opera-
22 lion, maintenance, repair and improvement of the facilities of the sewer
EXPLANATION--Matter in ltalies (underscored) ie new; matter in brackets
[--7 is old law to be omitted.
LBD15287-O1-B
http://nysksstatesy,us/NYSLBDCI/bsffrme.cgi 8/1/2008
08/01/2008 14:58 FAH 15184748099 NYS EHECUTIVE CHAMBER f~003/003
RETRIEVE ~ Page 2 of 2
s. pole 2 A. >oosl
1 district, heretofore or hereafter taken, are hereby deemed to be va11d
2 and binding, notwithstanding that prior to August 2B, 2007 the town
3 board had not adopted a final order establishing the sewer district is
4 conformity with the requirements of article 12-A of the town law_
5 ~ 3. This act shall take effect inonediately.
http://nysksstate.ny.ug/NY'SLBDCI/bstfrme•cgi 8/1/2008