Loading...
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 1 2 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 4 6 7 8 9 10 11 12 13 14 15 16 17 18 · 19 2O 21 22 23 24 25 26 27 28 29 31 32 37 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 1 2 3 4 5 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 18 19 2O 21 22 23 24 25 26 27 23 29 3O 31 32 33 34 35 35 37 38 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) .