HomeMy WebLinkAbout2017 Amendments to Chapter 699 re: Creation of Ferry District Southold Town Board - Letter Board Meeting of May 23, 2017
RESOLUTION 2017-487 Item# 5.40
ADOPTED DOC ID: 13091
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-487 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 23,2017:
WHEREAS, a bill has been introduced in the State Legislature as Senate Bill 5.6278 and
Assembly Bill A.7750 and
WHEREAS, the bill would provide for amendments to the Fishers Island Enabling Act,
RESOLVED that pursuant to Article IX of the Constitution,the Town Board of the Town of
Southold hereby requests the enactment of Senate Bill S.6278 and Assembly Bill A.7750 entitled
"AN ACT to amend chapter 699 of the laws of 1947, relating to authorizing the creation of
Fishers Island Ferry District in the Town of Southold, Suffolk County, in relation to authorizing
the acquisition, construction, equipment and operation of a public ferry for hire from Fishers
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 election of its officers
and management of its affairs; authorizing the collection of ferriage 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 other related matters; and to repeal certain provisions
of Chapter 699 of the laws of 1947,relating to authorizing the creation of Fishers Island Ferry
District in the Town of Southold, Suffolk County, relating thereto"
i
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated May 23, 2017 Page 51
FO(/(ea
ELIZABETH A.NEVILLE,MMC ay® l/� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
C Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER !
RECORDS MANAGEMENT OFFICER ®� �`�® Telephone(631)765-1800
www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 1, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Home Rule Counsel
Assembly Post Office
The Capitol
Albany,NY 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 and two (2)
copies of Home Rule Request from the Southold Town Board requesting the
enactment of Assembly Bill. r
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held May 23, 2017.
Very truly yours,
Eliz e h A. Neville
Southold Town Clerk
/lmr
Enclosures
cc: Senator LaValle
Assemblyman Palumbo
ELIZABETH A.NEVILLE,MMC ��0 G� Town Hall,53095 Main Road
TOWN CLERK � '-� P.O.Box 1179
C#2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER �'� ®�' 'Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 1, 2017
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 and two (2)
copies of Home Rule Request from the Southold Town Board requesting the
enactment of Assembly Bill.
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held May 23, 2017.
Very truly yours,
4
Eliza A. Neville
Southold Town Clerk
/lmr
Enclosures
cc: Senator LaValle
Assemblyman Palumbo
' l
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 re juest:
The signing of a home rule request'or the adoption of a resolution by the local legislative body approving
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 (hills:
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 thg Senate: To the Assembly:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
208 Legislative Office Building 210 Legislative Office Building
Atbany,N.Y 12247 Albany,N.Y. 12248
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
chairianan 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 lobal laws or ordinances. (Municipal Home Rule Law §2)
Local,government.
A cotjnty,city,town or village(Const.Art.IX, §3;Municipal Home Rule Law §2)
Special law a
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 nieinbership.
The total voting power of a legislative body. (Municipal Home Rule Law, § §20,40)
• 0
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 . .. ..... ..........Town
of
(uwnty,uty,town or village)
Southold ,,,,..,,,,,.requests the enactment of so Sty bili(no 5.6278 )
uranle) -
(strike out mtc)
etintled"
An act to amend chapter 699 of the laws of 1947, relatieing to authorizing the creation of Fishers Island ferry
district in theTown of Southold, Suffolk County, in relation to authorizing the acquisition, construction, equipment
and operation of a public ferry for hire from Fishers 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 election of Its
officers and managementof its affairs; authorizing the collection of ferriage charges; authorizing the issuance and
sale of obligations of said town and providingfor their payment; authorizing the levy and collection of taxes; and
providing for other related matters; and to repeal certian provisions of chapter 699 of the laws of 1947, relating to
authorizing the creation of Fishers Island ferry district in the Town of Southold, Suffolk County, relating thereto
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)
F1The 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 major ity of the total membership
of the local legislative body, both the chief executive officer and the cletk 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).... .. ........ ... . . . .
(chlet executive officer)
......... ..................... ......... .......I.................. . ...
(Print or type name below signature)
Date:.....................................�.._ 20......... ......................................,................... ...............
(Title of cluel executive ollicer)
CLERK'S CERTIFICATION
I Elizabeth A. Neville do hereby certify that I am Clerk of the
............................................................................ `......... ,.y,. . ..
(print or type name) (local legislative hod
Town Board ...................................................of the Town................... . ...
............................ .............. ...................... . . . . ....
(county,city,town or village)
d
of Southol
.................................................................and that on the......;Aro........day of...W!;l.........................,
(name)
20 17 ; such le islative bod , at least two-thirds
g Y a x4xky of the total membership having voted in favor thereof,
approved the foregoing request. (tihtke out one)
(Signed).. ... ... .
(SEAL OI'LOCAL
GOVERNMENT) �Iizabet�"1 r10 IN�ivtlle
....... ... .....I............... .. .................... . . .,. .
(Prue of type name below srgnannel
Date:...... ... une.... ................... 20 1.7....
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 approving
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: To the Assemble:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
208 Legislative Office Building 210 Legislative Office Building
Albany,N.Y. 12247 Albany,N.Y. 12248
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. (Mumcipal 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 goveniment.
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)
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.. Town of
Southold `Lourty' own"' A.7750
.................................requests the enactment of 5eriate bill(fro.. . ... ............ . .
Assembly
n;nnc)
(uukc out one)
entitled"
An act to amend chapter 699 of the laws of 1947, relatieing to authorizing the creation of Fishers Island ferry
district in theTown of Southold, Suffolk County, in relation to authorizing the acquisition, construction, equipment
and operation of a public ferry for hire from Fishers 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 election of its
officers and managementof its affairs;authorizing the collection of ferriage charges;authorizing the Issuance and
sale of obligations of said town and provfdingfor their payment,authorizing the levy and collection of taxes;and
providing for other related matters;and to repeal certian provisions of chapter 699 of the laws of 1947, relating to
authorizing the creation of Fishers Island ferry district in the Town of Southold, Suffolk County, relating thereto
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
(II 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,concui red 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 concuired in by a majority of the total membership
of the local legislative body, both the chief executive officer and the cleric 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 signature)
Date:........... ................................ 20......... ............. ......... . . ........... ...... ................ ..... .
(title of chief executive officer)
CLERK'S CERTIFICATION
I Elizabeth A. Neville do hereby certify that I am Clerk of the.................. ......
. ...... ..........(print....Yi...ame).... ............ b od y) ...
not or t �c name (local legislauvc holly)
Town Board .....................................................of the Town....... ...
....... . ..... ............. . ........ . ounty.city,to.. or vi.age) ...... . .......
(county,crty,town or village)
of,Southold
.............................................. ....................and that on the.....23r�...... . tiny of.. �� . .......... . boob ..,
(name)
two-thirds
2017 such legislative body, at least ay of the total membership having voted in favor theicof,
approved the foregoing request. (stnl.e out one)
(Signed).
(SEAL Or t.nc\t. Wei k
GO`1H M MMI-Vi)
ffl*
......EI. bbeth...A.. .Nevhlle. .... . . ......
(Prov or type name below signature)
Date:......J u n.e...I. 20..17..