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Home My WebLink AboutOrient Mosquito District IncreaaseELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma~n Road P.O. Box 1179 Southold, New York 11971 F~ (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21,2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Home Rule Counsel Senate Post Office The Capitol Albany, New York 12224 Dear Sir: Transmitted herewith are two (2) copies of a Home Rule Request from the Southold Town Board requesting the enactment of Senate Bill S.7503 and two (2) copies of Home Rule Request from the Southold Town Board requesting the enactment of Assembly Bill A.10718. Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held May 4, 2010. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Senator LaValle Assemblyman Alessi ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21,2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Transmitted herewith are two (2) copies of a Home Rule Request from the Southold Town Board requesting the enactment of Assembly Bill A. 10718 and two (2) copies of Home Rule Request from the Southold Town Board requesting the enactment of Senate Bill S.7503. Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held May 4, 2010. Very truly yours, Elizabeth A. Neville Southold Town Clerk /ljc Enclosures cc: Senator LaValle Assemblyman Alessi RESOLUTION 2010-349 ADOPTED DOC ID: 5896 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-349 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 4, 2010: WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.7503 and Assembly Bill A. 10718 and WHEREAS, subject to a permissive referendum, this bill would increase form $80,000 to $120, 000 the maximum annual budget appropriation that the Town of Southold, County of Suffolk, may make to the Orient Mosquito District; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold requests the enactment of Senate Bill No. S.7503 and Assembly Bill No. A.10718 entitled '~An act to amend Chapter 246 of the laws of 1916 relating to the extermination of mosquitoes and the establishment of districts therefore~ in relation to authorization of the amount of the annual appropriation by the town of Southold for the Orient Mosquito District". Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOM~ RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legt$lature: Pursuant to Article IX of thc Constitution, thc w .... of entitled" AJN ACT to mend chapter 246 of the laws of 1916 relating to the extermination of mosquitoes and the establishment of disMcts therefor, in relation to authorization for the amount of the annual appropriation by the to ,,wn of Southold for the Orient mosquito district establishing such necessity are a~ follows: (Check appropriate box) [] Other facts, as set forth in the follo~viog '~Exp~n~nation' establish such necessity. Such request is made by: (Check appropriate box) [] 'T)~ eh. ief executive o~ficer of such local government, concurred in by a majority ~f thc total memharship [~'Th~ ii,cai~l~gisiafik~ bo~y :0~:~Uch io~al gbv~rn~lent, at teas~ two-thirds of the total membership thereo~ having voted in favor of such request. (See pgragraph B below) READ BEFORE SIGNING A. If the requ~t is made by thc chief executive ol~cer and concurred in by a'majority of the total mem- bership of thc local legislative body, both thc chief ext~utive o~cer 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 bera,g~tcr., s,B. ~f'~i~c ~que~{ i~?na~le ~6~t .the. i°~l icgialaiiye body, at iea$~ ,tW~-thirds 6~ th~ t~fal'~ien~l~ershi~ thereof fiawfig {'0ted ia favOr'df 'auc,h. request, o, nl~ the clerk of the' lo, al legislative body must sign below. Date: ,20.__ CLERK'S CERTIFICATION L ~ :- cElizab~l;h,~A:!::N~ville ,do'here~y certify that I amCl~rk'0fth~ (; ,'::¢.: ,~;: ~ :) o.f "S°uth6Id~' ,', i ,an~_lhat.Or~the. ~th day_.of Ma'/ 20 such leg~slanve body at le~t a . . of the tO~ mem~ershtp havmg voted m favor the~of, approv~f~going~uest,., ~..: ~i~). . (Signed)< ,~~,, ~ :: ~a*~: ' ' ~ - '" '' Elizabe~ ~:N'~o~rI~' ~ Date:- ---~ 2-k '----: ;;20 t0 IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special_La~) To the Legislature: Pursuant tb Anicie IX of the Constitution, [he w .... of re uests the enactment of ~ bill (No. ~, 1 n-~, o ), entitled" AN ACT to mend chapter 246 of the laws of 1916 relating to the extermination of mosquitoes and the establishment of dlslxicts therefor, in relation to authorization for the amount of the annual appropriation by the to ,,wn of Southold for the Orient mosquito district It is hereby deela~d that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: (Cheek appropriate box) [~The ocs governlil~itt~.d~s~J hivi~th,~ P~k~ tQ~btii~¢(~gh [] Other [acts. as set [orth in the followjO~g "Exl~lanation" establisl~ iuih necessity. ( ~ sp~e h~fg~ S n~)i Suffi'ei-~n, Us~ ~epai~{~ sfleet ~nd at ach here) Such request is made by: (Check appropriate box) ~ ,Thg chic! executive officer of such local government, concurred in by a majority of the total membership of the local legislative body. (See paragraph A bolow) [~ Th~ Ioc$[: 16gisla~i~e~ b&ly ~*f guch' loCal gfV~rnmeot, at least two-thirds of the total membership thereb! having voted in favor of such request. (See paragraph B below),, ,.;, . READ BEFORE SIGNING A. If th~ rsqueat is made by th~ chief executive o. fficer an~ concurred in by a' majority of the total, me?- bership o! the local legislallv¢ body, both the chief executive .o,,fficer and the clerk of the local !eg~sl.attve body must sign below. In such case use the word "majority below even though th~ vote may nave been,greater. , . B If thc ~que~l i~ made by the local legislative body, a! least tWO-thirds Of the toial meanbi:rship thereof h~iv fig V~ ed n favor b! Suc,h. ~eiiuest ,b, nly the clerk of the local legislative ~body must sign below. ,Insuch case~use.:ih~i,wo~ds llw~th~fds ;be/~vJ~ ~ i.!i; "~ Date: ,20___ mth~ o~ chief ~secutiw CLERK'S CERTIFICATION L : E,l~tabeth A. N~vllle : ,~d0herebycertifythatliim Clerk0fthe(: ': ) Town BOard ,,~ .... of the , fFown of §06tfi01d i, ind that on the qth.. ,day_of Mav , 20 '10 , such legislative body, at lea~gt'a~'~t~![}~ 0f the total m~b'ership having voted in favor thereof, approved'the·: foregoingrequesf:: . , ,~,~,.,o~ (Sig~ed¢ __... __I~t .t~-.--iV, av-'~m- ....... ;-;-20'-1'o------ -:' :;:-; ...................... KENNETH P LAVALLE SENATOR I ST SENATE DISTRICT THE SENATE STATE OF NEW YORK R CFIVED APR 2010 southold Clet[ April 15, 2010 325 MIDDLE COUNTRY ROAD SUITE #4 SELDEN, NEW YORK 11784 Elizabeth A. Neville, Clerk Town of Southold 53095 Main Rd/P.O Box 1179 Southold, New York 11971 Dear Ms. Neville: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. S.7503/A.10718 is one such bill. We respectfully request that your office assist us in having the enclosed tbrms completed and returned to the Home Rule Counsel's Office, the State Capitol, Albany, New York, 12247. (Please see reverse side nf Home Rule Request tbrms for more specific instructions.) Your prompt attention to this request is most appreciated. Sincerely yours, I~ETRIEVE Page 1 of 2 BILL TEXT: STATE OF NEW YORK S. 7503 SENATE - ASSEMBLY April 16, 2010 A. 10718 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. ALESSI -- read once and referred to the Committee on Local Governments AN ACT to amend chapter 246 of the laws of 1916 relating to the extermi- nation of mosquitoes and the establishment of districts therefor, in relation to authorization for the amount of the annual appropriation by the town of Southold for the Orient mosquito district The People of the State of New York, represented in Senate and Assem- bly~ do ~nact as follows:. 1 Section 1. Section 1 of chapter 246 of the laws of 1916 relating to 2 the extermination of mosquitoes and the establishment of districts 3 therefor, as amended by chapter 496 of the laws of 2002, is amended to 4 read as follows: 5 Section 1. The town board of any town in the county of Suffolk may 6 establish one or more districts for the purposes of this act within the 7 town and outside the boundaries of any incorporated village on the peri- 8 tion of a majority of the owners of taxable real property in the 9 proposed district. The petition must be signed by the petitioners and 10 acknowledged in the same manner as a deed to be recorded. Such petition, 11 accompanied with a map showing the boundaries of the proposed district, 12 shall be filed with the town clerk. If any such district be established, 13 the town board shall thereafter include in the annual budget of taxes to 14 be levied by the board of supervisors a sum not exceeding three thousand 15 dollars except that in the town of Southold, the town board shall there- 16 after include in its annual budget for the Orient mosquito district, 17 established pursuant to this chapter, a sum not exceeding [~3~-f] one 18 hundred twenty thousand dollars for the extermination of mosquitoes in 19 such district, which sum shall be levied by such board of supervisors 20 upon the property subject to taxation in the district as so established. 21 ~y ~9~9 in such sum made pursuant to a chapter of the laws of two 22 thousand ten which amended this ~g~g~on 9~all ~e subj_ect to a permissive EXPLJLNATION--Matter in italics (underscored) is new; matter in brackets [--] is old law to be omitted. LBD15141-02-0 http://leginfo.state.ny.us:8080/ASMS EN/bstfrmel.cgi 4/19/2010 RETRIEVE Page 2 of 2 S. 7503 2 A. 10718 1 ~gferendum ~ythe affirmat~xg.vote of eligible voters in the Orient 2 mosqui~ .~istrict~ For the purpose of the levying of such tax, the tow~ 3 board shall apportion the same pro rata upon such taxable property and 4 transmit a certified statement thereof to the board of supervisors. Such 5 apportionment shall be on the basis of the valuation of such property as 6 fixed by the last preceding assessment roll of the town. After the boun- 7 daries of such district shall have been established, if any farm or lot 8 or the real property of a corporation or joint stock association shall 9 have been divided by any such boundary line, it shall be the duty of the 10 town assessors, after fixing the valuation of the whole of such real 11 property as now required by the law, to determine what portion of such 12 valuation is on account of that part of such real property lying within 13 such district. 14 § 2. This act shall take effect immediately. http://lcginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 4/19/2010 RETRIEVE BILL Page I of 2 SPONSORS MEMO: NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec 1 BILL NUMBER: S7503 S~ONSOR= LAVALLE TITLE OF BILL: A/1 act to amend chapter 246 of the laws of 1916 relating to the extermi- nation of mosquitoes and the establishment of districts therefor, in relation to authorization for the amount of the annual appropriation by the town of Southold for the Orient mosquito district PURPOSE: subject to a permissive referendum, this bill would increases from $80,000 to $120,000 the maximum annual budget appropriation that the Town of Southold, Suffolk County, may make to the Orient Mosquito District. SUMMARY OFPROVISIONS: Increases the amount to be included in the annual budget of the Town of Southold for the Orient Mosquito District to be levied by the county legislative body of Suffolk County from $80,000 to $120,000 for the extermination of mosquitoes in such district. The bill would be subject to a permissive referendum by the voters of the District. JUSTIFICATION: By way of history, the Orient Mosquito district was established by the Southold Town Board on September 5, 1916, pursuant to the provisions of Chapter 246 of the Laws of 1916. When first enacted, this special act provided for an annual levy of $800. Thereafter, this was increased to $3,000 by Chapter 156 of the Laws of 1951; to $5,000 by Chapter 1024 of the Laws of 1956; to $7,000 by Chapter 561 of the Laws of 1974; to $10,000 by Chapter 902 of the Laws of 1981; to $15,000 by the Chapter 228 of the Laws of 1985; and to $30,000 by Chapter 153 of the Laws of 1989; $40,000 by Chapter 196 of the Laws of 1996; to $50,000 by Chapter 462 of the Laws of 1997; and to $80,000 by Chapter 496 of the Laws of 2002. LEGISLATIVE HISTORY: 1999-2000: S.2760 2001-2002: S.2590, Chapter 496. FISCAL IMPLICAT.IONS: None to the State EFFECTIVE DATE: Immediately. http://leginfo.state.ny.us: 8080/ASMS EN/bst frmel.cgi 4/19/2010 P~ETRIEVE BILL Page 2 of 2 http://leginfo.state.ny.us: 8080/ASMSEN/bstfrmel.cgi 4/19/2010