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HomeMy WebLinkAboutTrustees Term of OfficeJUDITll T. TERRY TOV, N CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPItONE (516) 765-1801 April 7, 1983 Honorable Kenneth P. LaValle New York State Senator 1779 Middle Country Road Centereach, New York 11720 Dear Ken: Transmitted herewith is Senate Bill No. 4662 and Assembly Bill No. 6230 relative to the terms of the Southold Town Trustees, which were approved by the Southold Town Board at a regular meeting held on April 5, 1983. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE SENATE STATE OF NEW ¥O~K RECEIVED Town Ocr:: $out'~k' March 29, 1983 Mrs. Judith T. Terry, T~wn Clerk Town of Southold Main ~Dad Southold, New York 11971 Dear Mrs. Terry: Constitutional provisions mandate that certain bills rec~ire a Hcme Rule Request before the Legislature can act upon th~. Senate bill 4662 is one such bill. We respectfully request that your office cc~plete the enclosed forms and return them to us as soon as possible. Thank you for your help in this matter. Sincerely yours, Kenn~eth P. LaValle Enclosures S. 4662 A. 6230 by Senator LaValle by Assemblyman Sawicki MEMORANDUM In support of AN ACT to amend Chapter 615 of the Laws of 1983 in regard to the term of office of the trustees of the Town of Southold SUMMARY To provide for a change in the terms of office of the Trustees of Southold from 2 to 4 years upon resolution adopted by the Southold To~ Board and approved by referendum of the voters. PURPOSE AND JUSTIFICATION The Southold Town Board of Trustees were created in 1893 by a special act of the State Legislature. This Board has the management and supervision of the underwater lands acquired by the Town of Southold under its colonial patent'. The special act creating this board provides for a five-man board wf.¢h a term of two years. The Town Board of the Town of Southold as well as the Board of Trustees wish to change the term of o~fice of the trustees from two years to four years. FISCAL IMPLICATIONS None EFFECTIVE DATE Innnediate '.:.,~'?7;;~.:~.':;L,:M",,i!: ;';~,,.' IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE.,,~:,/;. :.' ,'" . Request by a Local Govcrumcnt for Enactment ota ~pec~al uaw) the Leg~slature:~.~ ?,, ' , ~ ,,,, . ' , .... · Pursua Aniclc IX of the Const tut on t~ AN ACT to amend C~apter 615 of ~he Laws of 1983 in regard to the the trustees of the Town of Southold. establi~hir sue.h, necessity' are ~s follows: (Check a does not have the to enact :g~slauon by as set forth m t ' e~tablish such ;pace not sufficient, tise separate · ......"' Such request is made b~: (Check appropriate box) [] The chief executive officer of such local government, a ma]o~ total : of the local legislative body. (See A Th& local legislativd body of such local government, at two-thirds of the total i having voted~ in :!ay°r. of.s~h re uest (See -paragraph B~ be ow) , .,~, ~ . ..... ~.., .-? READ BEFORE request is made by the ch cf execuUve officer and concurred in by'a majority of th bership of the local legislative body, both the chief executive officer and the clerk o hod must s n be ow In such case use the word "majority" below even though the vote may B. If the request is made by the local leg, slauye body, a! least two-th~rds .of th.e to, tal,membersl~p t,h¢. , havin voted in favor of such request, only th$ cler~ of the local legislative ooay must sign oelow,. ~ucgh case Use the words "two-thirds" below ~ i;?":~, ;~ ~ ~'~ ' ~,': :C'':~' ~' ~ ~ !:' .~'?;?d,¢;~..: OFFICER'S CLERK'S CERTIFICATION certify that I am Clerk of the_._?_OWlk Boa .lative the foregoing at leasta' 'OtR]K , (Signed) voted in favor thercof,~ · " .... " " ' INSTRUCTIONS ,"',:_; Copies required: ;,',;. ,.,: -; : - . '. ' ' '~'. ..... '' ':, ;,: ,; '?,,' Two signed cop es of this fc~rm, specifying thc final bill number and title must be filed with each House' ' -, ';:. · of theLegislature;" ' ". Examples:/ ". ' " - (a) If the bill has bee~ introduced in only one House of the Legislature, four copies of the re'quest must be filed,'.i.e.~ two with the Senate and two with ·": ' the Assemb y (b) If the identical bill has been irttroduded in both Houses, eight copies of th~ request foi-m must. be filed, i.e., t&o with the Senate and two with the Assembly for the Senate bill and the same. '' for the Assembl .... - a home mlq request or the adoption of a resolution by the I legi~J: such request cannot precede the date on which the bill ~s actually introduced in the Legislature. In thd case, the actual date of introduction ~s the first day of the legislative session· The i'eque~;t may be.5 Each the bill is amended a new request must be filed (with the appropriate number of copies) and the ne~v request rat{st ~:orrectly identify the bill number as last amended. The signin~ 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 .A!bany, N. Y. 12224 Definition of terms: .... ,:~ Chie[ executive officer. In the case of a county, the elective or .. . officer, chai~man of the board of supervisors; in th~' ca;~ ;f a"city ;i' ~}llage,' the case of a town. the supervisor. (Municipal Home Rule Law Local legislative body. ,- The board of supervisors, board of aldermen, common couhcil, council, commission, town board, board of trustees or other elective governing board..~>[ body ~ested by state statute,'charter 6r other law jurisdiction to initiate and adopt local laws or ordinanceS. (Municipal Home Rt~le I~aw ' 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 .................. --'ikYa~ .................................................. o! · " ~ ..... '"' '"" '": ~ bill(No...6230._..~ ......... ), ';,::-~ entitled ' ' ' · Chapter AN ACT to amend 615 of the Laws of 1983. in r d to the term of office of the trusr~=es of the Town of Southold. It is hereby declared that 'a necessity exists for the enactment of such legmlation, and that the facts , ,:. establishing such necessity are as follows (Check appropriate box) -, , , --.~-..· [~ The l~cal government does aot have the power to enact such legislation by local law. ',! [] Other facts, as set forth in the following "Explanation" establish such necessi[y. /" ' ' · " "- L:: ' : ~ ..... EXPLANATION ' ' (If space below is not sufficient, use separate sheet and attach · [] The chief executive officer of such local government, concurred in by a majomy membership .; ':, of the local legislative body· (See paragraph A below) ."~ ~ The lc~cal 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) ' ' ....... BEAD BEFORE SIGNING ~,~. ._ A. If the reques[ is made by the chief executive officer and concurred in by a majority of the total mem- J of the local ~ ...~hershin legislative body, Doth the chief executive officer and the clerk of the local legislative ~..ho'-l'° 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 me'rnbership 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. :~ '· ' t'. - CIIIEF EXECUTIVE OFFICER'S SIGNATURE :':!'" "' ", ,-' (Sianed) .................. : ........................................ Date: 19 ....... : ...... " - :---. . CLERK'S CERTIFIC,ATION I. : 4pdi~h .T:___ Ter.r_y_ ............... do hereby certify that I ant Clerk of the__-TQ-w--n---- Board ...... Iprmt or type name} ~, · (local legislative body) ................................ : ......................... : ................,, the ....... TO~Yll ..................... ....................... of ............. Sollthcllcl- .............. ~ ........ ~ ........... [_.and that on t e ._ 5t,h ...... day of .....Apl'il ............... : .. 198~} ...... such legislative body, at least~tw°-thirds of the total membership having voted in favor thereof, approved the foregoing request.. :~ . . . ., Date: \ _____A_p 1~ .5.._~ _ ~___ __-~, Copies required: INSTRUCTIONS Two signed copies of this [otrn specifying the final bill number and title must be filed with each House ~ .: of the Leg~slatdre-,. ' ...... "~ i <, '~ ~' ~'~'.; Examples: ~· ~ If the bill has been introduced in only one House of the Legislature four copies of the request ~'orm must be filed, i.e.. two'with the Senate' and two with the Assembly. ':' 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, '~ ' ': -',3 Date of request: ~ ;' .' The signing of a home rule request or the adoption of a rcsointion 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 Iegislative session· The requesl 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~' fwith the appropriate number of copies) and the new request must correctly identify the bill number as last aml:nded. 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 , . Definition of terms: · :, To the Assembly: .. ,_ Home Rule Counsel Assembly Post Office The Capitol Albany. N. Y. 12224 Chie! executive officer. " ' . . (.: f.' :! .; '- 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 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' jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law Local government ,:; i ' -I:~ A count5', city, town or village {'Const. Art. IX, §3; Municipal Home Rule Law §2) ' Special law ~.~ : " .~ , " 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) ....,. \ 5 -)?..;' !