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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