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Home My WebLink AboutPeconic Bay Region Com Preservation Funds RESOLUTION 2006-447 ADOPTED DOC ID: 1838 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-447 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 9,2006: WHEREAS, a bill has been introduced in the State Legislature as S.7787 and A. 10845 and WHEREAS, the bill seeks to amend chapter 114 of the laws of 1998 amending the town law and other laws relating to authorizing certain towns in the Peconic Bay region to establish community preservation funds, in relation to extending the effective date thereoffrom December 31, 2020 to December 31, 2030; now, therefore, be it RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold herebv requests the enactment of Senate Bill No. S.7787 and Assemblv Bill No. A.1-845 entitled "AN ACT to amend chapter 114 ofthe laws of 1998 amending the town law and other laws relating to authorizing certain towns in the Peconic Bay region to establish community preservation funds, in relation to extending the effective date thereof'. a;-I.r.tCI.Qe-;/L.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . . 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 (county, city, lown or village) Southold requests the enactment of . Sena?" bill (No. S.7787 (name) ! . I d" (strike oul one) entit e AN ACT to amend chapter 114 of the laws of 1998 amending the town law and other laws relating to authorizing certain towns in the Peconic Bay region to establish community preservation funds, in relation to extending the effective date thereof ), " 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) ;gl The local government does not have the power to enact such legislation by local law. o 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) <ES 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) o 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. 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. (Signed) CHIEF EXECUTIVE OFFICER'S SIGNATURE Date: May 9 ,20 06 Scott A. .Russell (Print or type name below signature) Supervisor (Title of chief executive officer) CLERK'S CERTIFICATION I, Elizabeth A. Neville (pnnt or type name) , do hereby certify that I am Clerk of the (Town Board ) (local legislative body) of the Town (county, city, town or village) of Southold and that on the 9th day of May (name) 20 06, such legislative body, at least a l....J.hd, of the total membership having voted in favor thereof, - InaJonty approved the foregoing request. <..ik,o"""') . Af'IA' {Jp A'A (Slgned~h~ ._'!.~t:&.. ~.~~ ~ ooVERNME",] Elizabeth A. Neville (Print or type name below signature) Date: May 9 ,20~ . . 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 Town of (county, city, town or village) Southold requests the enactment of - bill (No. A.1 0845 ), (name) Assembly 'tl d" (strike out one) entI e AN ACT to amend chapter 114 of the laws of 1998 amending the town law and other laws relating to authorizing certain towns in the Peconic Bay region to establish community preservation funds, in relation to extending the effective date thereof " 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. o 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) o 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. 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 sllch 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 SIGNATU~ (Signed) ~lJ.4I.}J/ ~ (chief executive officer) Scott A. Russell Date: May 9 ,20 06 (Print or type Dame below signature) Supervisor (TItle of chief executive officer) CLERK'S CERTIFICATION I, Elizabeth A. Neville (print or type name) , do hereby certify that I am Clerk of the ( Tow n Boa rd ) (local legislative body) of the Town (county, city, town or village) day of May and that on the 9th of Southold ("""") 20 06 ,such legislative body, at least a I 8,M';'d' of the total membership having voted in favor thereof, ---- m~oo~ approved the foregoing request. (,trike 00,"",) [SEAL OF LocAL GoVE8NMEm') (Signed~/()":/~ Q. ~'-<e'& (clerk) Elizabeth A. Neville (Print or type name below signature) Date: May 9 20 06 ,- ~. . Complete Ilema \, 2, and 3. Also complete Item 4 n Reslrlcted Delivery Is d_. . . Print Y'!Ut name In! addl8S8 on \he reverse so that we can return the card to you. . Attach lhI8 card to the back of the rnellplece, or on \he front n space permits. t{=~i~ COUVlse.\ A :5Se. vY\ bl'f 70:>+ ()\:'.Qc.e ~ C....p,~\ A\~A't'I~ N'( I ')..:Jd.tj s. S<pIce 1YPe If CertIlIed MaD C expr.. Mall C ~ C -'m ~fer MerchondIse C 1_ Mall C C.O.D. 4. ReeLk.tecl DeI'-Y? (E<InI Fee) C Yes 2.__ (II8nsforfiom_1sbeI) PS Form 3811, February 2DD4 7003 3110 0001 8547 4026 Domootic -.m _pt '02586<l2-M-'540 · Complete Ilema 1, 2, and 3. Also complete Item 4 n Resllh..1lod Delivery Is deslAld. · Print ~ name and eddr80a on the .......... so that we can return \he card to you. · Attach this card to \he back of \he mellplece, or on the front n space permits. 1. -_...ecHo: HoiYlc- ~u\~ Cou"'5eJ ~...+c. Yo:!>+ ~;c.e. ~l:. C.~ri-\-o\ 'A\~'f N'f l~dH . " ...j';. D. 10 doIIwIry _ 110m _ 1? ffYES, onterdollvory__ t"~~' .-_. J , ., / S._Typo I!!'l::.rtmed Mall C expr.. Mall , -, -0 Reg_ C Return Rec:elpt fer Morohandl.. e_Mail C C.O.D. 4. _lloIIvory? (E<InI Foe) DYes 2. AtllcIe N..-oo. (II8nsfor1ltlm...-1sbeI) I PS Form 3811 , Febru8ly 2004 7003 3110 0001 8547 4019 Domootic -'m Rec:elpt '02595-02-M-'540 ,,'It:- {~fl' ~,~;i' . < "',-,;"",," . TH E SENATE STATE OF NEW YORI< . sIll/a:. ~ -t,.~ .ft,~ 0-' [<[NNf:-~Tll p, LA'v'/\LlX SJ:\JA.TOE ISTSU\/\H. DISTEICT CII.A.IRrvti\N, l'vlA]O[~lrl CONFU~ENCI CI LA.lI~rv1/\I\ (O\l\'lITTf-:E ON I I Ie; Ilf-.!;: 1-I)IIC/\TIO\ '325 MIDDLE COUNTRY ROAD SUITE #4 SF-I.DEN. NEW YORK 11784 May 2, 2006 RECEIV~D I' ,IV \;,I--1,j ,- 2nne .j JuO Elizabeth A. Neville, Town Clerk Town of South old Town Hall 53095 Main Road, PO Box 179 Southold, New York 11971 S '.'J T " OU'",..d'..I t.., 11 l...d.HK. Dear Ms. Neville: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate Bill S.7787/A.I0845 is one such bill. We respectfully request that your office assist us in having the enclosed forms completed and returned to the Home Rule Counsel's Office, the State Capitol, Albany, New York, 12247. (Please see reverse side of Home Rule Request forms for more specific instructions.) Your prompt attention to this request is most appreciated. Sincerely yours, -Z~_. enne aValle ----- Enclosures o RETRIEVE BILL . . Page 1 ofl BILL TEXT: STATE OF NEW YORK S. 7787 A. 10845 SENATE ASSEMBLY April 25, 2006 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. THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend chapter 114 of the laws of 1998 amending the town law and other laws relating to authorizing certain towns in the peconic Bay region to establish community preservation funds, in relation to extending the effective date thereof The People of the State of New York, represented in Senate and Assem~ Q].~9_~na~t as follows: 1 Section 1. Section 5 of chapter 114 of the laws of 1998 amending the 2 town law and other laws relating to authorizing certain towns in the 3 peconic Bay region to establish community preservation funds, as amended 4 by chapter 250 of the laws of 2002, is amended to read as follows: 5 ~ 5. This act shall take effect immediately; provided that article 6 31-D of the tax law, as added by section three of this act shall remain 7 in full force and effect until December 31, [~l 203Q when upon such 8 date the provisions of such section three of this act shall expire and 9 be deemed repealed, provided however, that the tax authorized by section 10 three of this act shall not take effect before July 1, 1998. 11 ~ 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [_1 is old law to be omitted. LBDI6617-02-6 http://leginfo.state.ny.us:8080/ASMSENlbstfrmel.cgi 5/2/2006 RETRIEVE BILL . . SPONSORS MEMO: NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec 1 BILL NUMBER, S7787 SPONSOR, LAVALLE TITLE OF BILL: An act to amend the chapter 114 of the laws of 1998 amending the town law and other laws relating to authorizing certain towns in the peconic Bay region to establish community preservation funds, in relation to extending the effective date thereof PURPOSE: To extend the sunset date for the real estate transfer tax authorized pursuant to the peconic Bay Community Preservation Fund law from December 31, 2020 to December 31, 2030. S~Y:_..91' p~()'y;r_~I.9NS: Extends the sunset date for the real estate transfer tax authorized pursuant to the peconic Bay Community Preservation Fund law from Decem- ber 31, 2020 to December 31, 2030. JUST~FICATI9.!'! : The Towns within the peconic Bay region have successfully implemented the provisions of Chapter 114 of the Laws of 1998 authorizing the creation of peconic Bay Region Community Preservation Funds. Thousands of acres have been preserved. In addition, the State of New York has assisted the towns by making the Drinking Water Revolving Loan Fund available to work in conjunction with the town CPFs. In short, the towns are utilizing the loan interest loan capabilities of the EFC Revolving Loan Fund to maximize the preservation of land now, before it is lost to development. The proceeds of the CPFs are being utilized to service the debt from the Revolving Loan Fund. TO maximize this effort and increase the amount of open space that can be preserved, the towns need to increase the revenue stream available from the CPFs. By doing so, the towns can complete their open space plans more quickly before land is lost to development. By extending the real estate transfer tax for 10 additional years, ,the towns will possess the revenue stream necessary to use the EFC Revolving Loan Fund now and buy more land. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: None to state. ];I~_FECTIVE DATE: This act shall take effect immediately. http://leginfo.state.ny.us:8080/ASMSENlbstfnnel.cgi Page 1 of 1 5/212006