HomeMy WebLinkAboutFishers Island Ferry District - Real PropertyJUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 117 9
Southold, New York 11971
TELEPHONE
(516) 765-1801
February 26, :1987
Honorable Kenneth P. LaValle
New York State Senator
1779 Middle Country Road
Centereach, New York 11720
Dear Ken:
On this date I transmitted to the Home Rule Counsel, Senate Post
office, Senate bill No. 1741 in: relation to the sale or conveyance of real
property in the Fishers Island Ferry Disfrict. Assembly bill'No. A.2603
was transmitted to the Home Rule Counsel, Assembly Post Office. - Copies
attached.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Attachment
cc: Assemblyman Sawicki
Fishers Island Ferry District
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
February 26, 1987
Honorable Joseph Sawicki, 'Jr.
New York State Assemblyman
1380 Roanoke Avenue
Riverhead, New York 11901
Dear Joe:
On this date I transmitfed to the Home Rule Counsel, Assembly Post
Office, Assembly bill' No. A2603 in: relation to the sale or conveyance of
real property in the Fishers Island Ferry District. Senate bill: No. 1741
was transmitted to the Home Rule Counsel, Senate Post Office. - Copies
attached.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Attachment
cc: Senator LaValle
Fishers Island Ferry District
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST "' "~ ' ~ '
Request by a Local Government for Ena tment f ~ Special La
~.et;ts,a,ure ~
Pursuant to Article IX of the ConsUtuUon, the ............................. _Tol~r~ ........................................... of
...__~.Q.U. _t .h_ 9..l_.d_ ................................ r, equests the enactment of .Sena[e~.bill(No.i._....].7-_4Z ....... ),
· ..... (name ' ' ~ - ' -' X ~li~'~ '
entitled
AN ACT to amend chapter six hundred ninety-nine cf the laws of
,. n:l.neteen 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 manage-~'~i'.
ment of its affairs, in relation to the sale or conveyance of real
V ..... 'J" ~ . .:.-o
'propert_ in said district. ' ~".
, : .... : Z ' . ' ' ~
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)
[~ The local government does not have the power to enact such legislation by local law. · .......
[] Other facts, as set forth in the following "Explanation" establish such necessity. .:
EXPLANATION ~' .' ,,: '
.,..,. (If space below is not sufficient use separate sheet and attach here)
Such request is made by: (Check appropriate box) - .
?'Fl The ch ef execut ye officer of such local government, concurred in by a majority of the total'member:ship
of the local legislative body. (See paragraph A below)
[~[ The local legislative body of such local government, at least two-thirds of the total n~embership thereof ':
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIG1NING
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 ts 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) .................................................
Date:
.............................. , 19 ....... _ ............................................................
CLERK'S CERTIFICATION
f, J udith-._I... _Terr. y ....................... do hereby certify that I am Clerk of the .......... L ........... J .............
................... Town ._Board ....................................... o! the .................... To~/n ................... : ...........
of ................ $outhoid ......................................... and that on the .._2_.q_[13.___. day of ...... ._F._e.l~r_ua _r_y: ..........
two-thirds
19.87 .... such legislative body, at leasta ~q~rlg~ of the total membership having voted in favor thereof,
approved the foregoing request.
Date: ...... F__ebruary___2_q ....... 19._87 _
........ ~_U dit h__ !.r__..T_e_r. ry .......................
INSTRUCTIONS
Copies required:
.... ~ 'Two slgned copies of this form. specifying the final bill number and title must be filed with each House
of the Legislature.
(a) If the bffi has been' introduced in only one House of the Legislature, four copies of the request
· ' 'iorm must be alert i.e. two w:tn thc Senate and two with the Assen~bly. . ' .
(h) If the identical bill has been introduced in both Houses. eight copies Of the request form must
';~;:~%.:;~L;?" ~'.~:Y3_)be filed,'i.e., two with the S~n.at6. and twg with _the A~sembly.~,?. ~he Senate ,bill and_the ~same
,~ ', ,,.- t-, ,~:'-' 'for the Assembly bill.
Date of. requests,: ;.,
The signing of a home rule request or the adoption of a resolution by the local legislative body approv-
:: '"" lng such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be
· signed or the resolution adopted the same day as the date of introduction.
. ' Amended bills:
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly identify the bill number as last amended. The signing of the request, and the date of
· the supporting resolution, cannot precede the date of the amendment.
Transmittal:
The signed forms should be sent as follows:
To the Senate: '
Home Rule Counsel
Senate Post Office
The Capitol
Albany, N. Y. 12224
To the Assetnbly:
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, N. Y 12224
Definition of terms:
Chie! executive officer.
In the case of a county, the elective or appointive chief executive officer, if there be one. or otherwise the
chairman of the board of supervisors: in the case of a city or vilIage, the mayor Cnot manager); and in
the case of a town. the supervisor. (Municipal Home Rule Law §40)
Local legislative body. ' ' ' '~
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county, city, town or village (Coast. Art. IX, §3; Municipal Home Rule Law §2)
A state statute which in terms and in effect applies to one or more, but not all, counties (other than those
wholly included within a city) cities, towns or villages· (Coast. Art. IX §3; Municipal Home Role Law §2)
Total membership.
The total voting power of a legislative body· (Municipal Home Rule Law, § §20, 40)
)
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
(Request by a Local Governn~ent'for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution,' the ........................................To~m ................................ o!
Southold ' t he e nac tme nt o f X. ~gfii~,~, Xbill(No, ..._~_ ,._.2__6..0_3_.__ ),
: ............................... ih'a;~;-~ .................................. ~'equests asscmmy
entitled"
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 manage-
ment of its affairs, in relation to the sale or conveyance of real
property in said district.
It is hereby declared that a necessity exists for the enactmen( of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box
]~ The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity. 'q -' / '
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box) .
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[]~ The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request (See paragraph B below.~
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legtslative 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, onl) the clerk of thc local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
Date: ...................... 19 ..........
(Signed'. ....................................
(chief executive officer)
( P£int or type name below signature)
(Title of chief executive officer)
CLERK'S CERTIFICATION
I ..... JL[O th I, ._T_~Er_y ........... do hereby certify that I am Clerk of the ...................................
................... Tow_o___l~oard_ .................... of the ........ T_o._w..O_ ....................................
of .............. $outhold ....................................... and that on the ... 2.ttth ..... day of _.Febr_uar¥.._ .............
least atw°-thirds
19 87.- such legislative body, at ~J~rX~ of the total membership having voted in favor thereof,
approved the foregoing request.
Date: ...... _F___e. _b_r_ hi.a_ E Y_ ____2. q ......... 19___8__.7.._.
( Signed~--'~~7 ......... .-~.__~__.
.......... .Judith_T. _Terry. ....................
(Print or type name below signature)
INSTRUCTIONS
~.~ ;~". ., ~ ~:'~.~ ~',Copies required: .....
Two signed copies o~ this form, specifying the final bill number and title must be filed with each House
· ,, , : of the Legislature.
Examples:
'' ' (a) If the bill has been introduced in only one House of the Legislature, four cop~es of the request
....... " form must be filed, ~.e.. two with the Senate and two w~th the ~Assembly.
.~' c.- ..% ~ (b) If the identical bill has been. introduced in both Houses. eight copies 6f the request form must
· ~ . -. be filed, i.e., two with the Senate' and two with the rAssembly'i~dr'the Senate bill and the'same
.:_.~: '., : , for the Assembly bill . · ..' ..'; :. ' .: _:'. ~:~..:-.~ .:Z ......
;~ ' .,, ;. Date of request:
The signing of a home role 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 prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be
signed or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly identify the bill number as last amended. The signing of the request, and the date of
the supporting resolution, cannot precede the date of the amendment.
.Transmittal:
The signed forms should be sent as follows:
To the Senate: To the Assembly:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
The Capitol The Capitol
Albany, N. Y. 12224 Albany, N. Y. 12224
Definition of terms:
Chie! executive officer.
In the case of a county, the elective or appointive chief executive officer, if there be one, or othetwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in
the case of a town, the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government. . -.
A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2)
A state statute which in terms and in effect applies to one or more, but not all, counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2). · ~.''
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40)
!
KENNETH P. LAVALLE
isT DiSTRiCT
THE SENATE
STATE OF NEW YORK
February 9, 1987
Mrs. Judith T. Terry
Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Dear Judith:
Constitutional provisions mandate that certain bills require
a Home Rule Request before the Legislature can act upon them.
Senate Bill 1741 is such a bill.
We respectfully request that your office complete the
enclosed forms and return them to the Home Rule Counsel's Office,
the State Capitol, Albany, New York. (Please see reverse side of
Home Rule Request forms for more specific instructions.
Thank you for your prompt attention to this request.
Sincerely yours,
Kenneth~'~. LaValle
Encs.
STATE OF NEW YORK
S. 1741
1987-1988 Regular Sessions
A. 2603
SENATE, ASSEMBLY
February 5, 1987
IN SENATE -- Introauce~ my Sen. LAVALLE -- read Cwlce and oraered
printed, and when orlnted to be committed to the Committee on Loca
Government
IN ASSEMBLY II Introduced by ~. of A. SAWICKI -- read once aha referred
to the Cbmmlttee on Local Governments
AN ACT to amend chapter six hundred ninety-nine of the laws of nineteen
hundred forty-seven, relating to authorizing the creatlop of Fishers
Island. ferry district in the town of Southold, Suffolk county and
providing for the election of its officers and management of its af-
fairs, 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 Assem
bl¥~ do enact as follows:
Section l. Chapter six hundred ninety-nine of the laws of nineteen
2 hundred fortyIseven, relating to authorizing the creation of Fishers
Island ferry district in the town of SouthoCd, Suffolk county and
4 providing for the election of its officers and management of its afI
5 fairs, is amended by adding a new section sixteen to read as follows:
6 S 16. Notwithstandinq the provisions of this chapter, or the provl
7 s)ons of any other general or special law~ the town board of the town of
8 Southold shall not sell or convey any of the real property or interest
in real propertyr located within the boundaries of the Fishers Island
lO ~erry district at Fishers Island, in the town of Southold, Suffolk
11 countyr acqu)red~ used or intended to be used for any of the purposes of
12 the Fishers Island ferry district unIess, (1) such sale or conveyanc,
13 shall have been approved in writinq by a ma,iorit¥ of the commissioner,
of the Fishers Island ferry distrlc[ and (21 such sale or conveyan¢,.
15 shall have been approved by a maiority vote of the electors of the ferry.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05238-Ol-7
s. 17~1 2 A. 2603
1 district and the owners of real property situate w~thin the ferry dis-
2 trict assessed upon the 1asr preceding town assessment roll voting
a proposition therefor to oe submittea at a special or annual meetinq
the ferry district. At least thirty days before any special or annual
meeting to vote upon such a propositlont the ferry district commission
ers .shall adopt a resolution which shat1 designate the date and place or
7 such meetlnql the hours of opening and closinq of the pollst which shall
8 be not 1'ess than four (~) consecutive hours between eight o'clock in th~
forenoon and eight o'clock ie the evening. The comm[ssloners shalt glva
10 notice of such meeting by the publication of a notice in a newspaper or
11 newspapers having general circulation in the dtstrictr specifyinq the
12 time when and the place where such meeting will oe fleld~ the hours dur
lng which the polls will remain open for t~e purpose of receiving
lots and setting forth In full all propositions to be voted upon. Th~
15 first publicatlon of such notice shall De at least twenty days prior
16 the time of such meetinq, in addition~ the commissioners shall postt
cause to be posted~ a copy of such notice in five public places in
18 district at least twenty days prior to the time of such meeting. In a11,
other respects the meeting to vote on'such proposition or propositior,=
20 shall be conducted in the same manner as provided herein for voting aL
21 annual d~strict meetings.
S 2. This act shall take effect immediately.
~onM)rS:
Mcml~rs of Atsembly:_ SAvIC~I
Senators: t,~vT~ ,~ .~
·
ltroduced at the reQu'~stof_ the Commissioners of the'fishera lsland Ferry District and the Tos'~
~oard of the 1o~ of ~outho~d-
~ ACT to amend chapter 699 of the lays of 19&?, relating to authorizing the
illeOf Bill: creation of Fishers Island Ferry District in the to~n of $outhold, Suffolk county
and providing for the election of its officers and management of its affairs, in
relation to the sale or conveyance of real property in maid district.
urposa or General Idea of Bill:
This hill sill amend the Zeos relating to the fishers Island Ferry District in
the tosm of Southold, Suffolk ~ounty and vii1 Provide for the election of its
officers and management of its affairs, in relation to the sale or conveyance
of real property in the district.
umm~ry of Specific Provisions:
This bill rill add a new section sixteen to the ferry district
act to prohibit the sale or conveyance of any real property
vithin the ferry district and acquired or used, or intended to
be used, for ferry district purposes unless such sale or conveyance
is authorized (1) by a ~a~ortty of the Board of Co~anisstoners of
the ferry district, and (2) by a majority vote of the electors
and property o~ners in the district voting at a special or annual
district meettn$-
fl~o,s of Present Law which This Bill would Alter:
This bill vii1 amend the Special Act providing for the establish ~ent of the
Fishers Island Ferry District (Chapter 699 of the la~ of 1947).
us~ific~tion:
Under the ter~s of the Special Act authorizing the ~stabliah~ent of the Fishers
Island Ferry District, all real.property acquired for the use of the district
acquired in the name of. the ~o*m of Southold.
The Com~issioners of the Fishers Island Ferry District, as well as the ~o~ra
Board of thc lo~m of Southold, feel that this hill vii1 best protect the
interests of residents and property o~mer~ in'the ferry district by restricting
the sale or conveyance to those vhich have been authorized by a la~Jority of
the electors and the Board of Commissioners-
rior Legislative HistorY:
Th4s is a ne~ bill.
iscallmpllcations for State and Local Governments:
~one.
File: Fishers Island Ferry District
NoY.S. - Senate ~ ~
N.Y.S. Home Rule File