HomeMy WebLinkAboutFishers Island Ferry DistrictLEON E.GIUFFREDA
I~T DISTRICT
CHAIRMA~
EDUCATION COMMITTEE
THE SENATE
STATE OF NEW YORK
ALBANY 12224
February 19, 1976
Town Clerk
Town Hall
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 S-7733 is one of
them.
We respectfully request that your office complete
the encloscd form and return it to us as soon as
possible.
Fitanking you Jn advance for your cooperation.
Sincerely y~urs,
Robert Palmieri
Legislative Aid
}LO:ac
Enclosure
STATE OF NEW YORK
S. 7733
A. 9764
SENATE-ASSEMBLY
February 11, 1976
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IN SENATE--Introduced by Sen. GIUFFREDA--read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government
IN ASSEMBLY--Introduced by Mr. DURYEA--read once and referred to the
Committee on Local Governmentz
AN ACT
to amid .chapter six hundred ninety~ine of the laws of nineteen hundred
forty-seven, entitled "An Act authorizing the acquisition, construction,
equipment an~d olmration of a pul)ftc ferry for hire from Fishers island across
waters of Long Island soundl authorizing the creation of Fishers Island ferry
district in the Town of Southold, Suffolk count~ and providing for the daction
of its officers and management of its affeirsi authorizing the collection of
ferriage charges; antheriz~ the issuance and sale of obligations of said
town and providing for their payment; authorizing the levy and collection of
taxes; and providing for other related matters," in rfdation to payment of
acquisition and equipment of ferries for said district and compensation of
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
Section 1. Section four of chapter six hundred ninety-nine of the laws of
nineteen hundred forty-seven entitled "An Ac~ authorizing the acquisition, con-
struction, equipment and o .peration of a public ferry for hire from Fishers Island
across waters of Long Island sound; authorizing the creation of Fishem Island
ferry district in the Town of Southold, Suffolk county and providin~ for the
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S. 7733--A. 9764 2
election of its officers and management of its affairs; authorizing the collection of
ferri~e charges; authorizing the issuance and sale of obligations of said town and
providing for their payment; authorizing the levy and collection of taxes; and
providing for other related matters," as amended by chapter nine hundred sixty-
eight of the laws of nineteen hundred seventy-three, is hereby amended to read
as follows:
§ 4. The cost of acquisition, construction and equipment of the ferry, in-
cluding lands and rights or easements in lands, shall be paid from taxes levied for
the fiscal year in which such expenditure is made; from surplus funds, or from the
proceeds nf town obligations to be issued and sold in the manner provided by the
local finance law. The town board of the town of Southold may borrow the
amount needed for such purposes and issue town obligations therefor in an
aggregate principal amount not exceeding [three] five hundred thousand dollars.
Upon the adoption of a resolution by the town board, subject to a permissive
referendum by the owners of taxable real property situate within the ferry dis-
trict as sbown by the latest completed aesessment roll of said town, such
aggregate principal amount which the town board may borrow and for which
obligations ]'nay Ix, issll(~(I Inlty IX, illCl'C~C(l lo l!.11.%' Itnlollnt I111. to but m)t ~,x-
(.e(~ling Ill{' Sllln ()f [five]~ ,,~,r,',. hun{h'c(I J'~/'l!/ th()llS2tll(l doll:irs.
§ 2. This act shall take effect immediately.
S-7733 by Mr. Giuffreda
A-9764 by Mr. Duryea
MEMORANDUM
In Support of An ~kci to ,am. end Chapter 699 o£ the Laws
of 1947 which act authorized the creation of the Fishers
I,~laud Ferry District in the Town of Southold in relation
to increasing the amount of bonds which may be issued
for the acqul~ltion of equipment for said district.
~PURPOS'E OF BILL
The purpose of this bill Is to increase the amount of bonds w.hlch may be
by the Town of Soutlmld for~purposes of the Fishers Island Ferry District.
_~UL~AI~Y' ~O.J~,, PROVIS,IONS;~OF ;B~
T~s bill will ~end Chapter 699 of the Laws of 1947 xvhieh act authorized
~the creation of the F~s Island :Ferry District in the Town of Southold, C~nty
~f Suffolk ~d]~tate of'~'Yo~.k. The bill amends Section 4 of said act to authorize
1he To~ of Southold to increase the amount of to~ obligations which may be
~ tot ~ ~t Of ~isl~:and equipment.~f ferries f~ $300, 000 to
$500, O00 wi~out being subject to a ~rmlssive referendum and from $509,000 to
~,~ct to a ~m~m~e re~rendum.
~TATEMENT IN SUPPORT OF BILL
-'Phe~Fishe~s/sland Ferry 'l)istrlct was :c~,.eat~d in 1947 ~rsuant to E~
:pro~slons of Chapter 699of the L~a of 194~. The purpose of ~e ferry d~a.r!ct
~:,~:~rry,t~~[~v?W~d~fr~ Fish~s Island, New York and N,~w
~ ~~rict ~:s~dy owns a~d op~ies [wc~ ferryb~at~: ?or,lhi~
~purpose. The original ferryboat was a used vessel purchased in 1948 and at the
'~se~. :lime i~um~ ~wmmty~fiv~ yem-s old ~d. mus~ be replaced ~-it~ the
~t~mediate future. The second ferryboat was purchased new by the dis~ict In
~971 and there remains town bonds outst~ding for the acquisitioa of this vessel
~ ~e~ameunt of~8lg, 000. It Is estim~ed that the new vessel to replace t~ old
~essel will cost In excess of $500, 000. Under ~e pro~sions of Section 4 of said
~ct, t~ t~l ~unt ~f,~~~l[~c~ot exceed $500, 000. Accordir~ly
:it is necess~y that the act be amended to increase the amount of town obli~ations
~tch~y .~ la,cd,nd ~t~din~ :~ the district Is to acqu~e a new vessel.
This bill amends Secti~ 4 of the act t~ permit the Issuance of town
~bHgations without a ~rmissive refe~ndu~ from $300, 000 to $500, 000 ~d ~so
.increase ~e ~ount.~f t~, ~bl[gati~s subject to a ~rmiss~e referendum from
:~500, 000 to $750, 000.
~s~l [s~qp~rted bythe board of colr~nis~ioners of the
I,~l~d Ferry District as well as the town bo~d of the Town of Southold.
IMPORTANt.. REAO 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 .................. __T_o _;,f~}___ ........................................ of
t' Senate
..... SouthQld. i-,~a-,~;~ ........................ requests ne enactment of. ~ bill(No. _8 ~._7 _7._3 3_ ..........
entitled" An .Act to amend Chapter 6~0 o[ the Laws
of 1947 Which act au[horized the creation of the Fishero
Island Ferry District in the Town of Southold in relation
to increasing the amount of bonds which n_ay be issued
for the acquisiilon of equipment for said 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 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. (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. ]n such case use the word "maiority" 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 . /-v,~¢~- (chief~x¢c~tiv*officer)
CLERK'S CERTIFICATION
approved the foregoing request.
I ..... qfqd~- J~.~.._T'_ ..~}P}~.9_n. ............ do hereby certify that I am Clerk of the
............................... Tow~ Board ....... of ~e ....... TO~ ......................
of ......... ~.gbold ............. and that on the .... ~t~ .... day of ......... ~c~ .....
t~s
19 ~.6... , such legislative body, at least~ . . of t~ total membership having voted in favor thereof,
'
D a t e: .____M__.a_.r__c;__h_.__ 2_._5_ .............. , 19__.7__6_
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: -: ' ~'
'5 fla.) .ff the bill has been introduced in only one House of the Legislature, four c6pies bf ~th~ 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 request:
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 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 Assembly:
Journal Clerk of the Assembly
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 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, to~n 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. 1X §3; Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40)
PERRY B. DURYEA
Minority Leader
THE ASSEMBLY
STATE Of NEW YORK
ALBANY
12224
February 23, 1976
Mr. Albert Richmond
Town Clerk
Main Road
Southold, New York
11971
Dear Mr. Richmond:
Enclosed please find a home rule message together with
a copy of the bill and supporting memorandum.
If this meets with the approval of the Town, please
have the proper resolution introduced and passed, complete
the enclosed and return to the undersigned.
Very~ truly y~/rs,
William C. Morrell
Counsel
WCM:jgs
Enclosures
STATE OF NEW YORK
S. 7733 ~ A, 9784
SENATE-ASSEMBLY
February 11, 1976
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IN SENATE--Introduced by Sen. GIUFFREDA--read twice and ordered
printed, and when printed to be committed to the Committee on Local
C, overnment
IN ASSEMBLY--Introduced by Mr. DURYEA--read once and referred to the
Committee on Local Governments
AN ACT
to amend chapter six hundred ninaty~lne of the laws of nineteen hundred
forty-seven, entitled "An Act authorizing the acquisition, constructim,
equipment and operation of a puidic fer~y for hire from F~hers Island across
waters of Long Island sound; authorizin8 the creation of Fishers Island fmTy
district in the Town of Southeid, Suffelk count~ end providing for the election
of its officers and management of its affairs; authorLtin~ the collacti~m of
farflage cher~es; authorizing the issuance and sale of obligations of said
town and providin~ for their payment; authorizing the levy and collection of
taxesi and providing for other related matters," in relation to pay'meat of
acquisition and equipment of ferries for said district and comPmlsation of
commis~oners
The People of the State of New York, represented in Senate and A,eembly, do
enact as follows:
Section 1. Section four of chapter six hundred ninety-nine of the laws of
nineteen hundred forty-seven entitled "An Act authorizing the acquisition, con-
struction, equipment and o .peration of a public ferry for hire from Fishers Island
across waters of Long Island sound; authorizing the creation of Fisher~ Island
ferry district in the Town of 8outhold, Suffolk county and providing for the
S. 7733--A. 9764 2
1 election of its officers and management of its affairs; authorizing the collcetion of
2 ferriage charges; authorizing the issuance and sale of obligations of said town and
3 providing for their payment; authorizing the levy and collection of taxes; and
4 providing for other related matters," as amended by chapter nine hundred sixty-
5 eight of the laws of nineteen hundred seventy-three, is hereby amended to read
6 az follows:
7 § 4. The cost of acquisition, construction and equipment of the ferry, in-
8 eluding lands and rights or easements in lands, shall be paid from taxes levied for
9 the fiscal year in which such expenditure is made; from surplus funds, or from the
I0 proceeds of town obligations to be issued and sold in the manner provided by the
11 local finance law. The town board of the town of 8outhold may borrow the
12 amount needed for such purposes and issue town obligations therefor in an
13 aggregate prineipal amount not excceding [three]five hundred thousand dollam.
14 Upon the adoption of a resolution by the town board, subject to a permissive
15 referendum by the owners of taxable real property situate within the ferry dis-
16 trict az shown by the latest completed a~essment roll of said town, such
17 aggregate principal amount which the town board may borrow and for which
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ohligittions m ix' Ix, i~.~ued mtty Is~ incl~iu,~.d to ~ny Itmollnt tip to hilt not
ec~ling the suni of [five], .w,v,, hundred JYfl,q thousim(I dollm,~.
§ 2. This act st~all take effect immediately.
.~A~?. -' MEMORANDUM
to increasing the amount of bonds which may be issued
for the acquisition of equipment for said district.
PURPOSE OF BILL' ..
The purpose of this bill is t~ increase the amount of bonds which may be
issued by the Town of Southold for purposes of the Fishers Island Ferry ]District.
SUMMARY OF PROVISIONS 'OF BILL
This bill will amend Chapter 699 of the Laws of 1947 which act authorized
the creation of the Fishers Island Ferry District in the Town of Southold, County
of Suffolk and State of New York. The bill amends S~ction 4 of said act to authorize
the Town of Southold to increase the amount of town obligations which may be
issued for the cost of acquisition and equipment of ferries from $300, 0O0 to
$500, 000 without being subject to a permissive referendum and from $50D, 000 to
$750, 000 subject to a permissive referendum.
STATEMENT IN SUPPORT OF. BILL
The Fishers Island Ferry District was created in 1947 pursuant to the
provisions of Chapter 699 of the Laws of 1947. The purpose of the ferry district
is to provide ferry transportation to and from Fishers Island, New York and New
London, Connecticut for the inhabitants of Fishers Island.
The ferry district presently owns and operates two ferryboats for this
purpose. The original ferryboat was a used vessel purchased in 1948 and at the
present time is more than twenty-five years old and must be replaced within the
immediate future. The second ferryboat was purchased new by the dis{rlct in
1971 and there remains town bonds outstanding for the acquisition of this vessel
in the amount of $19, 000. It is estimated that the new vessel to replace the old
vessel ~vill cost in excess of $500, 000. Under the provisions Of Section 4 of said
act, the total amount of outstanding obligations cannot exceed $500, 000. Accordingly
it is necessary that the act be amended to increase the amount of town obligations
which may be issued and outstanding if the district is to acquire a new vessel.
This bill amends Section 4 of the act to permit the issuance of town
nhl]g~ons without a permissive referendum from $300, 000 to $500, 000 and also
increase the amount of town obligations subject to a permissive referendum from
$500, 000 to $750, 000.
This bill is supported by the board of commissioners of the Fishers
Island Ferry District as well as the town board of the Town of Southold.
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 ......... ~ ................................................. o!
(county. ciw, town or village ) $7733
Sou~:~t. ................................................... requests the enactment Senate bill(No...g_97_6~_ ..... ),
(name) Of Assembly
· strike out o )
entitled" AN AC~ to amend chapter six hundred na_nety-~ne oF the laws of nineteen
hundred forty-seven, entitled "An Act authorizing the acquisition, construction,
equipment and operation of a public ferry for hire from Fish~rs Island across waters
of Long Island sound; authorizing the creation of Fishers Island ferry district
in the town of Southold, Suffolk county and providing for the:~lec~ion of its officers
and management of its affairs; authorizing the collection of ferriage charges,
authorizing the issuance and sale of obligations of said town a~d providing for
their payment; authorizing the levy and cellection of tax~s; and providing for other
related matters," in relation to payment of acquisition and equipment of ferries
for said district and cc~pensation of cca~nissioner~.
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)
[~ 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 maiority 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.
Date: . .March_ 2.5 ........ 19 _7.6.__
CHIEF EXECUTIVE. .OFFICER'S SIGNATURE
....... A1D~r'_~___M. ___M~___r___t__QCCki_.a._ _.
__S_u_Rg__[xi_ sp_r_~___T___o__w___n__- _o__~__s__g_u._t_b.91 d
CLERK'S CERTIFICATION
1, . ...... ~udit. h. T_,_.._Boko.~- ............ do hereby certify that I am Clerk of the
(print or type name) (local legislative body)
....................... .T_~_wn_ Bo_ ard ........ ol the ................ To_wn
of ...... South-old ............................ and that on the _ 9-th ___ day of ---.lqar~xh ............. ,
19-. 7.6. , such legislative body, at leasta . . m the total membership having voted in favor thereof,
malonty
approved the foregoing request. (strike out one)
lS~L o~ ~o~,~ (Signed)~--~--'-~
................. _J___u d ~b_ _ T_,.___BQ_k_e_rt .....
Date: .........__Ma_ .r___c_h~_..2_5_ .... , 19_
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:
(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.
Date of request:
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 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 Assembly:
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, N. Y. 12224
Definition of terms:
Chic! executive o~cer.
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 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, i
The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) .