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HomeMy WebLinkAboutOrient Mosquito DistrictK JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 April 9, 1981 Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Transmitted herewith is Home Rule Request from the Southold Town Board entitled "AN ACT to amend chapter two hundred forty-six of the laws of nineteen hundred sixteen, entitled "An act to enable the towns in the county of Suffolk to provide for the extermination of mosquitoes and establishment of districts therefore", in relation to the amount of the annual appropriation by the town of Southold for the Orient mosquito district. Very truly yours, Judith T. Terry SouthOld Town Clerk Enclosures (4) hil - a 1981 IMPORTANT: READ INSTRUCTIONS ON REVERSE .SID.E'~ ......... HOME RULE REQUEST e!ow,t (Request by a Local Government for Enactinent of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution the ........ Town .................. of . ._ Southold ...... requests the enactment of ~011~ bill(No. 7~-_0~). ....... ), I name Assembly entitled "AN ACT to amend chapter two hundred forty-six of the laws of nineteen hundred sixteen, entitled "An act to enable the towns in the county of Suffolk to provide for the extermination of mosquitoes and establishment of districts therefore", in relation to the amount of the annual appropriation by the town of Southold for the Orient mosquito 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) [~ The local government does not have the power to enact such legislation by local law. _~ Other facts, as set forth m the following "Explanation" establish such necessity. EXPLANATION (If space below is not sufficient, use separate sheet and attach herel 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 legisIative 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 s A. If the request ~s made by the chief execuuve 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 stgnature) Date: ....... 19 ,Title of chief exeelltlYe officer CLERK'S CERTIFICATION [, . J~..~l~t_.h__'~.' Terry do hereby certify that I am Clerk of the (prmt or type name (local legislative body) Town Board Town .................... : ..... of the (county, city, town or village; of ............. ~outhold ........................ and that on the 7th ......... day of_ __A_p~.l_ of the total membership having voted in favor thereof. . .J.udith T...Terry ......... (Print or type name below $~gnamre) INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and tide 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 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. Dat~ of request:" .... ~ ~ The signing of a home rule request or the adoption of a resolution by the local legislative body approv- ing such request canno~ 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 twith 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 Assembly: 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 thc board of supervisors: in the case of a city or village, the mayor Inot 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) 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) .FOD1TH T. TERRY TOV,~ Ct~RK REGISTRAR OF VITAL STATISTICS TOW OF SO , Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 27, 1981 Honorable Kenneth P. LaValle New York State Senator The Senate Albany, New York 12247 Dear Senator LaValle: Transmitted herewith is Home Rule Request for Senate bill No. 249-A concerning the New York state employees' retirement system. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 26, 1981 Honorable John L. Behan New York State Assemblyman Legislative Office Building Room 523 The Capitol Albany, New York 12224 Dear Assemblyman Behan: Transmitted herewith is Home Rule Request for Assembly bill No. 2388, entitled "AN ACT in relation to authorizing the governing body of the town of Southold to make certain permanent appointments for the position of police officer." Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) JUDITH T. TERRY TOWN CLERK REGISTKAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 6, 1981 Honorable Kenneth P. LaValle New York State Senator Senate Chambers The Capitol Albany, New York 12224 Dear Senator LaValle: Transmitted herewith is Home Rule Request concerning the Orient Mosquito District which was acted upon by the Southold Town Board at a regular meeting held on May 5, 1981. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) cc: Orient Mosquito District JUDITH T. TERRY TOWN CI~RK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 6, 1981 Honorable Kenneth P. LaValle New York State Senator Senate Chambers The Capitol Albany, New York 12224 Dear Senator LaValle: Transmitted herewith is Home Rule Request concerning the Orient Mosquito District which was acted upon by the Southold Town Board at a regular meeting held on May 5, 1981. Yery truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) cc: Orient Mosquito District IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Governn]ent for Enactment of a Special Law) To the Legislature.- Pursuant to Article IX of the Constitution, the Town ............ o! (counIy, city, town or village ) Senate _ . $outhold(,~mef ..... requests thc enactment of ~xatatl~ bill(No. .5080 ......... ), (strike out one) entitled" AN ACT to amend chapter two hundred forty-six of the laws of nineteen hundred sixteen, entitled "An act to enable the towns in the county of Suffolk to provide for the extermination of mosquitoes and establishment of districts therefor", in relation to the amount of the annual appropriation by the town of Southold for the Orient mosquito 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) l~ The local government does not have the power to enact such legislation by lc~al 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) [] 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. (Sec 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 thc local legislative body, both the chief executive ollicer 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 thc 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 thc clerk of thc local legislative body must sign below. In such case use the words "two-thirds" below. CltIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) (chief executive officer) ..................... (Print or type name below signature) Date: . _ , 19 (Title of chief executive officer) CLERK'S CERTIFICATION I, ........... Judith T. Te~'ry , do hereby certify that I am Clerk of the Town Board Town ......... of the of ....... Southold .... and that on the 5~.~h day of ...... ~I~ 19 81 . , such legislative body, at leastatw°-thirds. . of the total membership having voted in favor thereof, approved the foregoing request. (strikeoutone} / Date: ............ _M_a..y 5. ...... , 1'9_~81 _ INSTRUCTIONS Copies required: Two signed copies of this form. specifying the final bill number and title must be filed with each House of the Legislature Examples: (al If the bill has been introduced in only one House of the Legislature. four coI~ies 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 Sen~t~ and twb with the Assembly fo'r the Senate bill and the same for the AsSembly bill. ~ :: '" The signing of a home rule request or the adoptio.n, ofa resolution by the local legislative b~dy '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 ]>ills: 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 s~gmng of the request, and the date of the supporting resolution, cannot precede the date of the amendment. Transmlttai: The signed forms should be sent as follows: To the Senate: Home Rule Counsel Senate Post Office The Capitol Albany. N. Y 12224 the Asse~nbly: Home Rule Counsel Assembly Post Office The Capitol Albany, N. Y 12224 Definition of terms: Chief 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. village, the mayor (not manager); and in the case of a town. the supervisor. (Municipal Home Rule Law §40) Local legishttive 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) 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) APR 2 ? 1981 THE SENATE STATE OF NEW YORK April 22, 1981 Southold Town Clerk Main Road Southold, New York 11971 Dear Sir: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate bill 5080 is one such bill. We respectfully request that your office complete the enclosed forms and return them to us as soon as possible. Thank you for your help in this matter. Sincerely yours, P. LaValle KPL:jc Encs. STATE OF NEW YORK 5e8~ 1981~198~ Regular Sessions IN SENATE March 30, 1981 Znt~oduced by Sen. LAVALLg~read twice and ordered prlnted, end when printed to be conusitted to the Ce~mittee on Local Government ' AN ~CT. to amend chapter two hundred forty-six of the laws of nineteen hundred sixteen, entitled "fin act to enable the towns in the county Of Suffolk to provide for the exter~lnation of mosquitoes and establish- ment of districts therefor",, in relation to the amount of the annual appropriation by the town of Southold for the Orient mosquito district The Pen=Is of the State of New York. re=~esented in Senate and bl¥. do e~act am followse 1 Section 1. Section one of chapter two hundred forty-slx of thelaws of nineteen hundred sixteen, entitled "An act to enabl~ the towns in the 3 county of Suffolk to provide for the extel~ln&tlon Of mosquitoes and es. 4 tablishment of districts therefor", ~ amended bF chap%er five hundred 7 £~] Section 1. The town bo&rd of any town Ln the county of Suffolk may ltlon of a ma3ority of the owners of taxable real property in 'the tien, accompanied with & map showln$ the boundaries of the proposed dis- of taxes to be levied by the boa~d of supe~viso~s ~ s~ not exce~1ng 17 three thousand doll~s, except that In the to~ of Southold, the 18 boa~d shall the~e&fte~ Include in its ~nnu~l buret fo~ the EXPLANATION--Matter in italics Cunderscored) Is nsw~ matter in brackets [ ] ~s old law to be omitted. LBDl-lI-34-849p 5080 mosquitoes such district, which sum shall bo levied b~' such ho&md of 2 sups~vlsows upon t~e pwopowty .subject to t&xotion In the district u so 3 established. Few the ps~pose of tho levying of such tax, the town bo&l~ 4 shall sppowtion the same p~o Y&t& upon such tax&bio pwopsrt~ and 5 mit a oewti£ied statement thereof to the bo&Yd of supe~viso~s. Ouch 6 po~tioneont shall bo on the basis of the vsluatlon of such propowt~ ss 7 fixed b~ the last pweoedin8 L~sessmsut ~oll of the town. afte~ the 8 bound&wise of such distwio%-shall have-been established, if &n~ f&wm 9 lot ow the weal pwoPert~ of a cowper&fish ow doint stock lO shall have been dtvided b~ *ny such bound&ey line, It shall be the duty 11 of ~tho town ~8e~so~f &free fLx~nK the valuation of the who~e of such 12 ~eal ~ope~t~ &s now ~equlYed b~ ~&w to deteYmlno what port,on of such 13 valuation ~f on ~oount of thit pa~t of lush ~e~l p~opo~t~ l~nG w~th~n 14 such dLstetct. 15 ~ 2. ~8 &ct shall t~o effect l~edl&tel~. ,~'EW YORK STA YE ASSL:'.M~S LY ~ ' i'vlEMOr~I~NDUM hN SUPPORT OF LEG!SLA I 1~1~ submlt[ed in acco~¢la~ce with Assembly Rule III, § ! (e) ~./'~'~' Memo on orE§ired draft of bill Assembly . A_...7~_!-0Q .... Selvage_ _J.S..50~L0: ..... L-] Memo on am,~!n~,ied bill Sponsors: Members of A~sernb~¢ .................. Be~_a?. ........................... Senators:_ LaValle Introduced at the request TitleofBill: A~ ACT to amend chapter two hundred forty-six'of~ the laws of nineteen hundred sixteen, in relation to the amount of the annual appropriation by the town of Southold for the Orient mosquito district. PurposeorGeneralldeaofBifl: TO allow the Orient mosquito district to increase'"its annual appropriation from the Town of Southold to $10,000. SummaryofSp~ificProvisions: Special Act. EffectsofPresentLaw which ThisBillwould Alter: Raises from $7,000 to $10,000 the amount that can be appropriated for the Orient mosquito district. Ju~ification: Under Chapter 246 of the laws of 1916, th~ towss in Suffolk County 'are allowed to form districts to provide for the extermination of mosquitoes. The hamlet of Orient at the extreme eastern tip of Long Island's north fork has the only existing district. The law also provides the maximum amount that can be appropriated for such purposes. In Orient that amount is currently $~,000. Since 1916, it has been increased from the original ~%p of $800 three times in 1951, 1956 and 1974. Again because of increasing costs, Orient requires additional taxing authority to adequately serve the public. This legislation would accomplish this goal. Prior Legislative History: New bill. FiscailmplicationsforStateand LocalGovernments: Maximum of $3,000 to the residents of district. Effective Date: Immediately- the Orient mosquito