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Home My WebLink AboutAssembly Bill A.10724-A & Senate Bill S.8111-A~. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER y~o~~OF SOUIyo~,,~~{{,, T T ~U'`~DUNI'1,~.,6'` OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Mazch 31, 2008 Express Mail Next Dav Delivery Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(631)76b-6145 Telephone (631) 765-1800 eoutholdtown.northfork.net Transmitted herewith are four (4) copies of a Home Rule Request from the Southold Town Board requesting the enactment of Assembly Bill A.10724-A and four (4) copies of Home Rule Request from the Southold Town Board requesting the enactment of Senate Bill 5.8111-A. Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at a special meeting held June 11, 2008. Very truly yours, Elizabeth A. Neville Southold Town Clerk /Ijc Enclosures cc: Assemblyman Thiele Assemblyman Alessi Senator LaValle ~B387385910US ~n~~rN~~~An i Po zlP/Cr,/n= 7 / /1 '1 / / rot D^a..,,y e.~ Fl z~a Fl x.e ~+er Rw P~sma^ ~ /(/ ~ 11P' ~ ~ 1-~ / _ eM1etluletl Date Delivery Return R eceipt Fee Dale ACCep tl /( ~~` /~~ VVV ~ 1/ MontF .• vaY~ C 'P Mo. y Year ScM1etluletl Tlme of Delivery COD Fee Insurance Fee Tmo ACCepj¢p ^AM t Xoo ^a ^ Y ~ / Fla[ Ra[e : or We1pM illtary ~ Y^e Gey ^ are o Total Pos PJ tage 8 Fees 7 __ FROM: ~PLE15E PNNn PHONE ~ (j J 7 7 ( +- 7 v (1{~ iS~euthold Tb~rrrl ~aer°rc f' i? ox II73 ,;uuti~clcf f@7 11.97? ~i~' EXPRESS ~MLI lL UNITED STdiES POSTAL SERVICE Customer Copy Laoel 11-B, March 2Ro0 Post OfficeToAddressee alvery emp upe ~AM plr~ sign v/x ~, m . V Oa ^ PM a~ I C i oe ive ryPXamPr __._ Tlma ____ _ r~ AM .E ~? _... _Z_-.... w/ e signemr~ Mo. De ^ PM '7 N Delivery Dab Tmc ~ AM Empluye SiynaO Mo. Oay ^ PM PAYMENT BY AOCOUM E M il C [ A N ~WM1EIigrBgNit AdltlwtFi n mNMWwYMn UN N~) xpress Orpga e e CCt. O. r FN K CYFIOIIIFYM1QIMMMMNpFM~p~b~. 1(..-~:' l.:~l~ Ix1W dFN'erYbbF RNa9+MNOUfa014K9YYRAhFt ~- Feearal Agency ACCt. NO. or Pcatal se,viG Ae t N d,en..F.aar.m..ae.•. ~~q~ Btaz arryywnEelM In apu» . p. e e yAFp~M ~ awv.y yRppTaB1 N v eNl'Aly., NO DELIVERY ^ w«wna ^ MMa&pWero TO: (PLEASE PPINT) PRONE ( F!ome iZule Cclwnsel Assr:mbiy Post iiffice i he Cai~itoi fait~any tvY 1"L224 SIP ~ 0 ~U.S. AOORESSES ONLY. VO NOT VSE FOP FOXEIGX POSTAL COOEe.~ ~_z. ~~ ~~ x. ~ Z 1 ~ I I + ~_ _~ ~_ _ T~y!~F~F~yTAr 69 ~ ~ - Fan ixrEMUnoxu ceanxnnoxs, venire couNrxr NANE eEEax FF.IliE:iFPbYY~iESi~~ ~___ _.._ ___. J ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER y~o~~pF SO~lyo~ T • ~~0,~ ~~y~0UNT1,~."~'" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 12, 2008 Exuress Mail Next Dav Delivery Home Rule Counsel Senate Post Office The Capitol Albany, New York 12224 Dear Sir: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 76b-1800 southoldtown.northfork.net Transmitted herewith are four (4) copies of a Home Rule Request from the Southold Town Board requesting the enactment of Senate Bill 5.8111-A and four (4) copies of Home Rule Request from the Southold Town Board requesting the enactment of Assembly Bill A.10724-A. Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held June 11, 2008. Very truly yours, `~aa Elizabeth A. Neville Southold Town Clerk /ljc Enclosures cc: Assemblyman Thiele Assemblyman Alessi Senator LaValle t~ EB387385923US I~~IIIIIIIINII~II PO ZIP COtle Day of Delivery Postage ' y17 ! / ~ e~l p~ M1 ea - e O z~ $ it , ~ I f I __.. cM1etluletl Date f~Delivery Return Receipt Fee Date AfCePtetl ! `;//`/~/y }~' / /.~ r(/? Mon(F J Day} C .p Vear V Mo. Day ScFetluletl Time of Dellvary COD Fae Insurance Fee TImB Acce~~ ^ AM No" ^ :f PM " CC ~p 3 Military Total POSIagA Fea~ r~ -~yb M Y l f l / Flat Re[e O pr W ei gM1t ~ ~" ^ am 0"y Int'I Alpha COUnIry COtle Acceptance m p . initials E . ~ y y / ~ - -Iba. /all ti- r Ji 765-180Q FROM:IPLEq$E PNIXR PXOXEI S 5+3uti~iold To,+!ri L:lerk P <7 Hox 1179 SoutY:old t~Y 11971 vLfia4'1h9FfA~69~ ~ .. EXI~RESS ~M/~lL UNITED STdTES POSTd L SERVICE Delivery Atlempt Data Customer Copy leEel 11-8, MarcM1 2000 Time ~AM Empldwe Slgna[ure~ PM I ~~J Timo ~_~AM Employee 5lgneWe ^ PM Time ~ AM Employee Signature Mo. De - PAYMEIR BV ACCOUIR Express Mail Co to Acct. No. FaOerel Agenq ACCt No. or Poatal Service Acct. No. TO:IPLEABE PRINT) %NINE I ~ 13:xne atule Counsel 5eraate QlOSt C:~ffic.e Tile Capitol nl'uarty t~:Y 12224 21P~OIUS AODNE94E4OHL USE FOP FOREIGN POSTAL CO4ESI 11 ~~ ., I ri 7-~ i -~ -~ Fax ixrExwnoNU oEenxAnox; wxrtE couxmY xaxE eEl.ow. - ^- ~'~~a~~, RESOLUTION 2008-584 ~'~~"'~ ADOPTED DOC ID: 3985 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-584 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 11, 2008: WHEREAS, the Peconic Bay Region Community Preservation Fund (CPF) was enacted by the State Legislature in 1998; and WHEREAS, for nearly ten years, the Fund has been one of the most successful ]and preservation programs in the nation, collecting more than $500 million in revenue and protecting nearly 10,000 acres of land; and WHEREAS, upon the 10`" anniversary of the program, the Legislature has found that it is important to examine the record of the fund, and seek ways to improve its administration; and WHEREAS, recently, a task force was created in the Peconic Bay region to review the towns' experience with the law and suggest ways to improve its operation; and WHEREAS, the proposed legislation, to wit, Assembly Bill A. 10724-A and Senate Bill S. 8111-A, as revised on or about June 6, 2008, seeks to accomplish these goals by instituting a series of fiscal oversight measures and financial controls to insure that (i) the original intent of the law is met, and (ii) the CPF revenues are used exclusively to advance the purpose of protecting the character of the community; and WHEREAS, some of the changes embodied in the proposed legislation include a requirement that (i) the Town Board certify, via resolution, that sufficient revenue exists to repay a financed acquisition from the fund, in its entirety, (ii) a full accounting of all preliminary and incidental costs in connection with the acquisition of rights or interests in real property be provided to the Town Board, (iii) management and stewardship plans describe projects for up to a three year period and provide a description and estimated cost for each project, and (iv) the Town annually commission an independent audit of the fund, conducted by an independent certified public accountant; and WHEREAS, the Town Board of the Town of Southold sunaorts the chanties to Town Law $64-e uroposed by Assemblvman Thiele Assemblvman Alessi and Senator LaValle; now therefore be rt RESOLVED, that the Town Board of the Town of Southold hereby supports Assembly Bill A. 10724-A and Senate Bill S. 8111-A amending Town Law §64-e in connection with the Community Preservation Fund; and be it further RESOLVED, that the Supervisor and Town Clerk are authorized to sign an appropriate number of home rule requests to amend New York State Town Law, as discussed above; and be it further Resolution 2008-584 Board Meeting of June 11, 2008 RESOLVED, that the Town Clerk shall forward this home rule request to Assemblyman Fred W. Thiele, Jr., Assemblyman Marc Alessi, and Senator Kenneth P. LaValle. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: William Ruland, Albert Krupski Jr., Thomas H. Wickham, Scott Russell Updated: 6/11/2008 1:36 PM by Linda Cooper Page 2 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, [he.........TOW.h .......................................................................................... of (county, Cllr. mwn ur villxgc) Southold ~' A 10724 A ..................................i.am..................................... requests the enactment of Assemblybill (no.....~..............-..................... ). entitled " ~"r'kCi01 ""`) AN ACT amend the town law, in relation to the Peconic Bay Community preservation fund It is hereby declared that a necessity exists for [he enactment of such legislation, and that the facts establishing such necessity are as follows: (Check appropriate box) ~ The local government does not have [he power to enact such legislation by local law. ^ Other facts, as se[ 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 [he total membership of the local legislative body. (See paragraph A below) ^ The local legislative body of such local government, a[ leas[ two-thirds of [he total membership thereof havingvoted itrfavor 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 [he local legislative body, both the chief executive officer and the clerk of [he 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 [he local legislative body, a[ least two-thirds of [he total membership [hereof having voted in favor of such request, only the clerk of the local legislative body must sign below. In such case use [he words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATU (Signed) ...... .. ......~~'~-~`:"~........... (chief executive officer) ........S.~ott...A..... R u ss ell I ........................... (Prim or type name below signature) Date:.........June...~.z ............... 20....08 ................Town,,Superv„isor .................... (Tale of chief executive officer) CLERK'S CERTIFICATION I . ...............EIIZ.dl~ekh.. E,....NeV.Jllle............... , do hereby certify that I am Clerk of the ....................................... (print or type name) (local legislative body) .......Town.,Board .......................................................... of the .................Town (county, city, mwn or village) of ..............SAU.T,f7AICl................................................. and that on the ...............l.l.Xl7dsy of ....I.Uft£..... (nnme) 201J$_, such legislative body, a[ least lae~tFttids of [he total membership having voted in favor thereof, a majority approved the foregoing request. (strike om ene) r^ ~ ,,y ) (SEAL 11r LI1CAL (Signed) ...1rw!I~tQ.tLLf44~(~..`/'!./ CAIVERNMEM) (f (Cierl() Elizabeth A. Neville .......................................................................... (Rim or type name below signature) Date:......... June...l.z .............. . 20....08 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 Tom of S' OutllO~d (county, city, town or village) requests the enactment of se~t~ bill (No. 5.8111-A ) (name) entitled " AN ACT to amend the town law, in relation to the Peconic Bay cot~fSStf~'~reservation fund 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) $J 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 [he chief executive officer and concurred in by a' majority of the total mem- bership of the local legislative body, both the chief executive otHcer 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 [he local legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE Scott A. Russell (Print or type name below signature) Date: June 12 , 20 08 _ Town Supervisor (Etta of ohief executive o(ficeq CLERK'S CERTIFICATION I, Elizabeth A Neville , do hereby certify that I am Clerk of the ( ) ~~at °t tree aame> Town Board (local legislative body) of the Town of Southold (county, city, town or village) and that on the 17th day of June (name) , 20 08 ,such legislative body, at least a'^°'~of the total membership having voted in favor thereof, majority approved the foregoing request. (av;k°°°°°°°) (Signed) (- r/ws~D (cler~~~~~~~ (SEAL OF LOCAL GOV[RNMLNTI Elizabeth A. Neville (Print or type name below signature) Date: June 72 20 OS THE ASSEMBLY aA ~ ~ ~" STATE OF NEW YORK :4y ALBANY °"'. - wad ~ FRED W TRIFLE, JR. Assemblyman 2N° District TO: Elizabeth Neville, Clerk Town of Southold FROM: Assemblyman Fred W. Thiele, Jr. DATE: June 3, 2008 RE: Home Rule Forms-Assembly Bill 10724a/Senate Bi118111a VICE-CHAIRMAN Minority Joint Conference Committee RANKING MINORITY MEMBER Education Committee COMMITTEES Ways and Means Environmental Conservation Transportation R@CEIVtD JUG 2C08 Scut"rash ?~~~~ Cinrk Attached please find the eight home rule forms required for passage of A.10724a/5.8111 a. This legislation contains revisions to the Community Preservation Fund, which were discussed at our meeting Friday, May 30th. The amendments will be introduced Thursday. June 5. Once amendments are submitted, my office will fax you a copy of the amended legislation. It is important that the Town Board does not vote on the amendments before this date. As a reminder, tkiese home rule forms must be received in .Albany by Friday. June 13 by all five towns in order for the legislation to be considered for the 2008 session. If you have any questions about the legislation or the home rule requirement, please do not hesitate to contact my office. ALBANY OFFICE: Room 443, Legislative Office Building, Albany, New York 12248 •518-455-5997, FAX 518-455-5963 DISTRICT OFFICE: 2302 Main Slreet, P.O. Box 3062, Bridgehamptoo, New Vork 11932 • 631-5374583, FAX 631-537-2836 E-mail Address: thielet@assembly state.nyus THE SENATE a~ one. STATE OF NEW YORK ~` KENNETH P. LAVALLE SENATOR IST SENATE DISTRICT CHAIRMAN, MAIORITY CONFERENCE CHAIRMAN COMMITTEE ON HIGHER EDUCA T IOK May 5, 2008 Elizabeth A. Neville, Town Clerk Town of Southold Town Hall 53095 Main Road, PO Box 1179 Southold, New York 11971 Dear Ms. Neville: 325 MIDDLE COUNTRY ROAD SUITE tt4 SELDEN, NEW YORK 11784 ~~CEIV~D ~I.,~, ~H~.3 ,. Soefiec,ial 1'e«;rr "leelt Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate Bill S.8111/A.10724 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, _'_` ` ~ , .PLC-t Kenneth Valle Enclosures c~ - RETRIEVE BILL TEXT: STATE OF NEW YORK Page 1 of 6 S. 8111 SENATE - ASSEMBLY April 28, 2008 A. 10724 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, ALESSI -- read once and referred to the Committee on Local Governments AN ACT to amend the town law, in relation to the Peconic Bay community preservation fund The Peo~le.__of the State of New York, repreaented_in Senate and Assem_ b1v,_do enact_as follows: 1 Section 1. Legislative findings. The Peconic Bay region community 2 preservation fund was enacted by the state legislature in 1998. It has 3 been in effect for nearly ten years. It has been one of the moat 4 successful land preservation programs in the nation. More than $500 5 million has been collected in revenue and nearly 10,000 acres have been 6- protected. 7 Upon the 10th anniversary of the program, it is important to examine 8 the record of the fund, and seek ways to improve its administration. In 9 the Peconic say region, a task force was created to review the towns' 10 experience with the law and suggest ways to improve its operation. 11 In addition, the state of New York, having authorized the two percent 12 real estate transfer tax, which finances this fund, has a strong state 13 concern in insuring that the fund is administered effectively and effi- 14 ciently. It is noted that several other regions of the state have also 15 recently gained authority from the state legislature to implement simi- 16 lar funds. Other requests are pending. The state has an interest in 17 insuring that this successful program continues to meet its objectives. 18 This legislation accomplishes these goals by instituting a aeries of 19 fiscal oversight measures and financial controls to insure that the 20 original intent of the law is met and that these revenues are utilized 21 exclusively to advance the dedicated purpose of protecting community 22 character. EXPLANATION--Matter in italics (underscored) is new; matter in brackets -- [-] is old law to be omitted. LBD16516-01-8 http://leginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 5/5/2008 RETRIEVE Page 2 of 6 S. 8111 2 A. 10724 1 ~ 2. Section 64-e of the town law, as added by chapter 114 of the laws 2 of 1998, subdivision 3 as amended by chapter 531 of the laws of 2007, is 3 amended to read as follows: 4 § 64-e. Peconic Bay region community preservation funds. 1. As used in 5 this section, the following words and terms shall have the following 6 meanings 7 (a) "Peconic Bay region° means the towns of East Hampton, Riverhead, 8 Shelter Island, Southampton and Southold. 9 (b) "Community preservation" shall mean and include any of the 10 purposes outlined in subdivision four of this section. it (c) "Board" means the advisory board required pursuant to subdivision 12 five of this section. 13 (d) "Fund" means the community preservation fund created pursuant to 14 subdivision two of this section. 15 2. The town board of any town in the Peconic Bay region is authorized 16 to establish by local law a community preservation fund pursuant to the 17 provisions of this section. Deposits into the fund may include revenues 18 of the local government from whatever source and shall include, at a 19 minimum, all revenues from a tax imposed upon the transfer of real prop- 20 erty intereata in such town pursuant to article thirty-one-D of the tax 21 law. The fund shall also be authorized to accept gifts of any such 22 intereata in land or of funds. Interest accrued by monies deposited into 23 the fund shall be credited to the fund. In no event shall monies depos- 24 ited in the fund be transferred to any other account. Nothing contained 25 in this section shall be construed to prevent the financing in whole or 26 in part, pursuant to the local finance law, of any acquisition author- 27 ized pursuant to this section. Monies from the fund may be utilized to 28 repay any indebtedness or obligations incurred pursuant to the local 29 finance law consistent with effectuating the purposes of this section. 30 Where a town finances an acquisition, is whole, or in part, pursuant to 31 the local finance law, the resolution authorizing such indebtedness 32 shall be accompanied by a report from the town supervisor demonstrating -- -. 33 how said indebtedaesa_ will be repa_id_b~,,,._the._._ fund. Said re~rt shall 34 include an estimate of pro acted revenues of the fund during the period 35 o_f_iadebtedneas. The_report shall also provide an_accounting of all 36 other indebtedness incurred ~ainat the fund to be repaid for the same 37 Qeriod. The town supervisor shall certify that there will be sufficient 36 revenue to repay such indebtedness in its entirety from the fund. A town 39 in the Peconic Bay region may only adopt the local law authorized by 40 this subdivision if it has incurred or authorized bonded indebtedness 41 since nineteen hundred eighty for open space purposes equal to or great- 42 er than two hundred dollars per town resident. The number of residents 43 shall be determined by the 1990 D.S. Census. Said local law shall make a 44 finding that the town has complied with the per resident financial 45 commitment requirement of this subdivision. 46 3. The purposes of the fund shall be exclusively, (a) to implement a 47 plan for the preservation of community character as required by this 48 section, (b) to acquire interests or rights in real property for the 49 preservation of community character within the town including villages 50 therein in accordance with such plan and in cooperation with willing 51 sellers, (c) to establish a bank pursuant to a transfer of development 52 rights program consistent with section two hundred sixty-one-a of this 53 chapter, (d) to provide a management and stewardship program for such 54 interests and rights consistent with [anbdiYiaiea] subdivisions. nine and 55 nine-a of this section and in accordance with such plan designed to 56 preserve community character; provided that not more than ten percent of http://leginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 5/5/2008 RETRIEVE Page 3 of 6 S. 8111 3 A. 10724 1 the fund shall be utilized for the management and stewardship program, 2 and (e) to make payments to fire, fire protection and ambulance 3 districts in connection with lands owned by the state or any municipal 4 corporation within the central pine barrens area as defined in subdivi- 5 sion ten of section 57-0107 of the environmental conservation law. Such 6 payments may only be made to districts where more than twenty-five 7 percent of the assessed value of such district is wholly exempt from e real property taxation pursuant to the real property tax law because it 9 is owned by the state or a municipal corporation. Not more than ten 10 percent of the fund may be used for said purpose in any calendar year. 11 School districts shall also be eligible for such payments, provided (1) 12 that real property within such school district has been made wholly 13 exempt from real property taxation pursuant to the real property tax law 14 to effectuate the purposes of the fund, and (2) such school district is 15 determined to be a high need or average need school district pursuant to 16 the need resource capacity index established by the state education 17 department. Such payments from the fund shall not exceed the actual tax 18 liability that would have been due if such lands of the state or of a 19 municipal corporation had been subject to real property taxation. Where 20 more than one district is eligible for such a payment under this 21 provision, and such payment is less than the actual tax liability that 22 would have been due if such lands of the state or a municipal corpo- 23 ration had been subject to real property taxation, the town shall appor- 24 lion such annual payment on the basis of the total tax levied by each 25 district within the town for the year such payment is made. Such payment 26 made by the town shall be used solely to reduce the property tax liabil- 27 ity of the remaining taxpayers of the district within said town. If the 28 implementation of the community preservation project plan, adopted by a 29 town board, as provided in subdivision six of this section, has been 30 completed, and funds are no longer needed for the purposes outlined in 31 this subdivision, then any remaining monies in the fund shall be applied 32 to reduce any bonded indebtedness or obligations incurred to effectuate 33 the purposes of this section. 34 3-a. Preliminarv and incidental coats is connection with the acguiai- 35 lion of land pursuant to subdivision three of this section shall ba 36 deemed part of the coat of the acquiaition_for which thev were incurred. 37 Such expenditures include surveve, maps, plaasLeatimatee, appraisals, 38 title reports, hearings, le~l fees~~ublicaton._,__of _notices~enviroa= 39 mental assessments and audits, and resource assessments. The costs of 40 em_g oyeea and all costa related to emglo~ea shall sot be charged to the 41 fund. No expenditure shall be charged to the fund, unless expressly 42 authorized by statute,.. A full accountiag_of such costa for each acguiai- 43 tioa of land__shall__b_e_provided to the town_boar_d_. 44 4. Preservation of community character shall involve one or more of 45 the following: (a) establishment of outdoor parks, nature preserves, or 46 recreation areas; (b) preservation of open space, including agricultural 47 lands; (c) preservation of lands of exceptional scenic value; (d) prea- 48 ervation of fresh and saltwater marshes or other wetlands; (e) preserva- 49 lion of aquifer recharge areas; (f) preservation of undeveloped beach- 50 lands or shoreline; (g) establishment of wildlife refuges for the 51 purpose of maintaining native animal species diversity, including the 52 protection of habitat essential to the recovery of rare, threatened or 53 endangered species; (h) preservation of pine barrens consisting of such 54 biota as pitch pine, and scrub oak; (i) preservation of unique or 55 threatened ecological areas; (j) preservation of rivers and river areas 56 in a natural, free-flowing condition; (k) preservation of forested land; http://leginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 5/5/2008 RETRIEVE ~ Page 4 of 6 S. 8111 4 A. 10724 1 (1) preservation of public access to lands for public use including 2 stream rights and waterways; (m) preservation of historic places and 3 properties listed on the New York state register of historic places 4 and/or protected under a municipal historic preservation ordinance or 5 law; and (n) undertaking any of the aforementioned in furtherance of the 6 establishment of a greenbelt. 7 5. The town board of any town in the Peconic Say region which has e established a community preservation fund shall create an advisory board 9 to review and make recommendations on proposed acquisitions of interests 10 in real property using monies from the fund. Such board shall consist of 11 five or seven legal residents of the municipality who shall serve with- 12 out compensation. No member of the local legislative body shall serve on 13 the board. A majority of the members of the board shall have demon- 14 strated experience with conservation or land preservation activities. 15 The board shall act in an advisory capacity to the town board. At least 16 one member of the board shall be an active farmer. 17 6. The town board of any town in the Peconic Bay region which has 18 established a community preservation fund shall, by local law, adopt a 19 community preservation project plan. This plan shall list every project 20 which the town plane to undertake pursuant to the community preservation 21 fund. It shall include every parcel which is necessary to be acquired in 22 the town in order to protect community character. Such plan shall 23 provide for a detailed evaluation of all available land use alternatives 24 to protect community character, including but not limited to: (a) fee 25 simple acquisition, (b) zoning regulations, including density 26 reductions, cluster development, and site plan and design requirements, 27 (c) transfer of development rights, (d) the purchase of development 28 rights, and (e) scenic and conservation easements. Said evaluation shall 29 be as specific as practicable as to each parcel selected for inclusion 30 in the plan. The plan shall establish the priorities for preservation, 31 and shall include the preservation of farmland as its highest priority. 32 Funds from the community preservation fund may only be expended for 33 projects which have been included in said plan. Said plan shall be 34 updated not less than once every five years, but in no event until at 35 least three years after the adoption of the original plan. A copy of the 36 plan shall be filed with the commissioner of environmental conservation, 37 the commissioner of agriculture and markets and the commissioner of the 38 office of parka, recreation and historic preservation. Said plan shall 39 be completed at least sixty days before the submission of the mandatory 40 referendum required by section one thousand four hundred forty-nine-bb 41 of the tax law. As part of, or in addition, to said community preaerva- 42 tioa fund project plan, each tows board may also adopt a management and 43 atewardahip plea for„__iatereabs.__n__ lands acquired pursuant to -this 44 section. No monies from the fund shall be expended for management and 45 atewardahip, except as approved in eai~lan. Said -plea may__provide 46 management and stewardship _ppo]ects for up to a three veaz~eriod and 47 shall provide a description and estimated coat for each protect. Said 48 plaa.,,,,,,,_shall_be approved and. adopted bY_local law and may...be uQdated from 49 time to time at the discretion of the__towa board. Only maaagemen_t_ and 50 atewardahip__projecta_._~rmitted puravant_ to subdivision nine-a of this 51 section ahall_be_ eligible to be included in_the_Qlan. 52 7. The town board of any town in the Peconic Bay region which has 53 established a community preservation fund pursuant to this section shall 54 study and consider establishing a transfer of development rights program 55 to protect community character as provided for by section two hundred 56 sixty-one-a of this chapter. All provisions of ouch section two hundred http://leginfo.state.ny.us:8080/ASMSEN/hstfrmel.cgi 5/5/2008 RETRIEVE Page 5 of 6 S. 8111 5 A. 10724 1 sixty-one-a shall be complied with. If at any time during the life of 2 the community preservation fund a transfer of development rights program 3 is established, the town may utilize monies from the community preserva- 4 tion fund in order to create and fund a central bank of the transfer of 5 development rights program. If at any time during the life of the commu- 6 nity preservation fund, a transfer of development rights program is 7 repealed by the town, all monies from the central bank shall be returned 8 to the community preservation fund. 9 8. No interests or rights in real property shall be acquired pursuant 10 to this section until a public hearing is held as required by section 11 two hundred forty-seven of the general municipal law; provided, however, 12 that nothing herein shall prevent the town board from entering into a 13 conditional purchase agreement before a public hearing is held. Any 14 resolution of a town board approving an acquisition of land pursuant to 15 this section, shall find that acquisition was the best alternative for 16 the protection of community character of all the reasonable alternatives 17 available to the town. 18 9. Lands acquired pursuant to this section shall be administered and 19 managed in a manner which (a) allows public use and enjoyment in a 20 manner compatible with the natural, scenic, historic and open apace 21 character of such lands; (b) preserves the native biological diversity 22 of such lands; (c) with regard to open spaces, limits improvements to 23 enhancing access for passive use of such lands such as nature trails, 24 boardwalks, bicycle paths, and peripheral parking areas provided that 25 such improvements do not degrade the ecological value of the land or 26 threaten essential wildlife habitat; and (d) preserves cultural property 27 consistent with accepted standards for historic preservation. In 28 furthering the purposes of this section, the town may enter into agree- 29 manta with corporations organized under the not-for-profit corporation 30 law and engage in land trust activities to manage lands including less 31 than fee intereata acquired pursuant to the provisions of this section, 32 provided that any such agreement shall contain a provision that such 33 corporation shall keep the lands accessible to the public unless such 34 corporation shall demonstrate to the satisfaction of the town that 35 public accessibility would be detrimental to the lands or any natural 36 resources associated therewith. 37 9-a. (a) Except for interests in lands acquired for historic preaerva= 38 tion purposes~managemeat and stewardship projects shall be limited as 39 provided in this aubdiv_ieion. Funds may only be expended for (1) 40 pxo9ecta which Qromote the protection or enhancement o£ the natural, 41 scenic, and open apace character for which the intereata in land were 42 acguired, or (2) accessory atructurea related to providing public access 43 to acquired ia_t_ereata _in lan_d_a_as enumerated__n__._s_ubdiviaion_nine of this 44 section, where appropriate, or (3) restoration of interests in acquired 45. leads _to their natural atate_iacludi~ the demolition of_exie tiag_buil d_ 46 i_n_ga and atructurea. 47 (b) In the case of interests is lands acquired for historic Qreaerva- 48 tion purposes,_.funda may_,,,_be__.,ex~en_ded only ,.for the.,,,,,_,intal restoration 49 sad rehabilitation of building and atructurea consistent with accepted 50 standards for hiatori c_presarvation. 51 ~ The costa of employees and all costa related to emglo~ea shall 52 not be charged to the fund. Expenses related to the customary operation 53 and maintenance of „acquired_}nteresta inland shall_ not._ be__Qermitted 54 from the fund. Aay exQenditure from the fund for a purpose other than 55 that specifcally_~rmitted~.,_n_thia aubdivisioaz,,,.ahal_1_be_deemed to_ be 56 prohibited. http://leginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 5/5/2008 RETRIEVE Page 6 of 6 S. 8111 6 A. 10724 1 10. Rights or interests in real property acquired with monies from 2 such fund shall not be sold, leased, exchanged, donated, or otherwise 3 disposed of or used for other than the purposes permitted by this 4 section without the express authority of an act of the legislature, 5 which shall provide for the substitution of other lands of equal envi- 6 ronmental value and fair market value and reasonably equivalent useful- ? nesa and location to those to be discontinued, sold or disposed of, and 8 such other requirements as shall be approved by the legislature. Noth- 9 ing in this secY,ion shall preclude a town, by local law, from establiah- 10 ing additional restrictions to the alienation of lands acquired pursuant 11 to this section. This subdivision shall not apply to the sale of devel- 12 opment rights by a town acquired pursuant to this section, where said 13 sale is made by a central bank created by a town, pursuant to a transfer 14 of development rights program established by a town pursuant to section 15 two hundred sixty-one-a of this chapter, provided, however (a) that the 16 lands from which said development rights were acquired shall remain 17 preserved in perpetuity by a permanent conservation easement or other 18 instrument that similarly preserves the community character referenced 19 in subdivision four of this section, and (b) the proceeds from such sale 20 shall be deposited in the community preservation fund. 21 il. Notwithstanding any provision of law to the contrary, towns may 22 enter into intermunicipal agreements pursuant to article five-G of the 23 general munici_pal_1_aw for the following purposea:,.,__(a)_to ~ointly,_,a~ire 24 interests in lead, conaiatent with the purposes of this section, where 25 the acquisition of_auch land promotes a regional~ublic benefit for one 26 or more towns pursuant to a regiona~laa approved ~rauaat ._to either 27 state or federal law,_ 28 (b) to establish as office or deQartment among all five towas__to 29 reader legal opinions sad interpretations to facilitate the efficient 30 and consistent administration of each fund created under this section, 31 (c) to provide for an iadepeadent financial audit of each town's fund, 32 _~dZ_.. to hire em~lovees necessary to implement the provisions of this 33 section. 34 12. LRach tows shall annually commission as independent audit of the 35 fund. The audit shall be conducted by an iadepeadent certified public 36 accountant or an iadepeadent public accountant. Said audit shall be 37 performed by a certified public accountant or an independent public 38 accountant other- t__han the one thap.,,.,pepforms the~enenal audit of each 39 to_w_a's finances. Such audit shall be as examinatiop of the revenues sad 40 expenditures of the fund sad shall determine whether_the fund has been 41 administered conaiatent with__the _proviaiona of this section and all 42 other applicable proviaiona of state law. Said audit shall be initiated 43 with_ia eixty_dave of the close of the _fiscal~ear_of,_each town and shall 44 be completed within one hundred twenty days of the close of the fiscal 45 year. A copy_of the audit shall ba submitted annually to the state comp- 46 troller and the town clerk. A copy of the audit shall be made available 47 to the public-.,within thirtydays of its completion. A notice of the 48 co~letion of the audit ah_all be~ubliahed,.,_n.,the official_,_aewaQaper_.,_,_of, 49 the town sad posted oa the official sin board of the town within tea 50 days_of,its filiaQ with.,.the town_clerk._Sad__audit_sad_notics shall also --- 51 be posted on thei_nternet site for the town. The_cost of_the.._audit shall 52 be a_general fund charge__of_ the tows and-shall not_be a_charge__ to the 53 fund. ........... _.. 54 § 3. This act shall take effect immediately. http://leginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 5/5/2008 RETRIEVE BILL ~ ~ SPONSORS MEMO: BILL NUMBER: 58111 SPONSOR: LAVALLE NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec 1 TIT_L_E_ OF BILL: An act to amend the town law, in relation to the Peconic Bay community preservation fund PVRPOSE OR GENERAL ZDEA OF BILL: To provide additional fiscal oversight and controls to the Peconic Bay region community preservation fund to insure that that the original intent of the law, which is the acquisition of interests in land to protect community character, is achieved. SUMMARY OF SPECIFIC PROVISIONS: Amends Section 64-e of the Town Law (Peconic Bay region community pres- ervation fund) as follows: 1. Provides that where a town acquires interests in land by incurring indebtedness under the local finance law, that a report is made indicating how such indebtedness will be re-paid by the fund. Such report shall provide an estimate of available revenues during the period of indebtedness and other liabilities incurred against those revenues. The town supervisor must certify that there will be sufficient revenue in the fund to re-pay the indebtedness in its entire- ty. 2. Expressly states what preliminary and incidental costs related to an acquisition may be charged to the fund. 3. Provides that each town may establish a management and stewardship plan for lands acquired by the fund. Funds for management and steward- ship may only be expended for projects included in the plan. The plan may enumerate projects for up to a three year period and shall include a description of each project and an estimated coat. Said plan must be approved by local law. 4. Expressly states which projects are eligible for funding under the management and stewardship program. Such projects include: a. projects which protect or enhance the natural, scenic, and open char- acter of the land b. accessory structure which promote public access such as trails, boardwalks, bicycle paths, and parking areas c. restoration of lands to their natural state d. initial restoration of historic buildings and structures 5. Expressly states employees, operation and maintenance, and any expense not specifically permitted are prohibited. 6. Allows the towns to enter into inter-municipal agreements for the Page 1 of 2 http://leginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 5/5/2008 RETRIEVE BILL + ~ ~ Page 2 of 2 following purposes: a. to acquire lands where there is a regional benefit pursuant to a state or federal regional plan b. to establish an office to render legal opinions relating to the administration of the fund c. to perform an independent audit of the fund d. to hire employees to implement the fund 7. Requires each town to annual perform an independent audit of the fund. The audit shall be submitted to the State Comptroller and shall be made available to the public. J UaTiF'1CA'1'lUN: The Peconic Bay region community preservation fund was enacted by the State Legislature in 1998. It has been in effect for nearly ten (10) years. 2t has been one of the most successful land preservation programs in the nation. More than $500 million has been collected in revenue and nearly 10,000 acres have been protected. Upon, the 10th anniversary of the program, it is important to examine at the record of the fund, and seek ways to improve its administration. In the Peconic Bay region, a task force was created to review the towns' experience with the law and suggest ways to improve its operation. in addition, the State of New York, having authorized the 2~ real estate transfer tax, which finances this fund, has a strong state concern ill insuring that the fund is administered effectively and efficiently. It is noted that several other regions of the state have also recently gained authority from the State Legislature to implement similar fund. Other requests are pending. The State has an interest in insuring that this successful program continues to meet its objectives. The legislation accomplishes these goals by instituting a series of fiscal oversight measures and financial controls to insure that the original intent of the law is met and that these revenues are utilized exclusively to advance to dedicated purpose of protecting community character. PRIOR LEGISLAT IVH HISTORY: New bill. FISCAL IMPLICATION3: None. EFFECTIVE DATE: This act shall take effect immediately. http://leginfo.state.ny.us:8080/ASMSEN/bstfrmel.cgi 5/5/2008