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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..