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HomeMy WebLinkAboutPeconic Bay Regional Trans AuthorityFJ,17,ABETH 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.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 1, 2010 CERTIFIED MAlL 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.6774 and two (2) copies of Home Rule Request from the Southold Town Board requesting the enactment of Assembly Bill A.9861. Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held February 23, 2010. Very truly yours, Southold Town Clerk Enclosures cc: Senator LaValle Assemblyman Thiele Assemblyman Alessi ELIZABETH A. NEV]I.I.Iq, 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 2, 2010 CERTIFIED MAlL 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.9861 and two (2) copies of Home Rule Request from the Southold Town Board requesting the enactment of Senate Bill S.6774. Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held February 23, 2010. Very truly yours, Elizabeth A. Neville Southold Town Clerk /ljc Enclosures cc: Senator LaValle Assemblyman Thiele Assemblyman Alessi RESOLUTION 2010-188 ADOPTED DOC ID: 5740 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-188 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 23, 2010: WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.6774 and Assembly Bill A.9861 and WHEREAS, the bill seeks to authorize an advisory, non-binding referendum in the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold on the creation of the Peconic Bay Regional Transportation Authority (RTA) to replace the Metropolitan Transportation Authority (MTA); now, therefore be it RESOLVED that pursuant to Article IX &the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.6774 and Assembly Bill A.9861 entitled "AN ACT authorizing, an advisory~ non-binding referendum in the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the countY of Suffolk on the creation of the Peconic Bay Regional Transportation Authori .ty to replace the Metropolitan Transportation Authority". Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 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 Southold requests the enactment of s~m bill (No S.6774 ), entitled" tu~ ACT authonzmg an advisory, non-bmthng referendum In the towns ~>~ast Hampton, R verhead, Shelter Island, Southampton and Southold in the county of Suffolk on the creation oftbe Peconie Bay Regional Tran~ortafion Authority to replace the Metropolitan Transportation Authority It is hereby declared that a necegsity exists for the enactment of tach legislation, and that the facts ~tabllshing 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) [] The chief executive officer of such local government, concurred in by a majosity of the total membership of the local legislative body. (See paragraph A be[ow) [] 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. Itl such case use the word "majority" below even though the yom may have been greater. B. If the request is made by the local legislative body, at least two-thirds of the total membership thei*.of having voted in favor of such request, only the clerk of the local legislative body must sign .below. In such case uae the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) Date: ,20 I, Eiizabet~ A. Neville ,doherebycertlfythatlamClerkoftbe(_ .) Town Board of the Town of Southold and that on the 23rd dayof February 20 10 such legislative body, at least a t~o~hi? of the total membership haxSng voted in favor thereof. Elizabeth A. Neville Date: March I ,20_ 10 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 ~' ~'~ ~ requests the enacUnent of se~e bill(No.A.9861 ). entitled" AN ACT authorizing an advisory non-binding referendum in die t~v~ast H tor~ Riverhead amp Shelter Island, Southampton and Southold in the county of Suffolk on the creation of the Pecothe Bay Regional Transportation Authority to replace the Metropolitan Transportation Authority 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 Iccal law. [] Other facts, as set forth in the following "Explanation" establish ~uch necessity. EXPLANATION (If space below is not suffialent, use separate sheet and attach herel Such request is.made by: (Check appropriate box) [] The chief executive officer of such local government, concurred in by a majority of die 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. (Se~ paragraph B below) READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by ama ority of the total mem- hership of the local legislative body, both the chief e.xecutive officer and the clerk of the local legislative body must sign below. In such c~e 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-diirds of the T~tal membership thereof having voted in favor of such request, only ~he clerk of the local legislative body must sign helow. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) Date: ,2O CLERK'S CERTIFICATION I, Elizabeth A. Neville , do hereby certlfy that l am Clesk of the ( Town Board of the Town of $outhold aIld that on the ~'~rrt day ofg~hr~mry 20 10 , such legislative body, at least a ~'_of the total membership having voted in favor thereof, appwved the foregoing request. · (Signed) Elizabeth A. Neville Date: March I - ,20 10 KENNEYH P LAVALLE SENATOR I ST SENATE DISTRICT THE SENATE STATE QF NEW YORK 325 MIDDLE COUNTRY ROAD SUITE #4 SELDEN, NEW YORK 11784 February 8, 2010 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.6774/A.9861 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, Kenneth P. LaValle Enclosures RETRIEVE Page 1 of 3 STATE OF NEW YORK S. 6774 SENATE - ASSEMBLY February 4, 2010 A. 9861 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 Corporations, Authorities and Commissions AN ACT authorizing an advisory, non-binding referendum in the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of Suffolk on the creation of the Peconic Bay Regional Transportation Authority to replace the Metropolitan Transportation Authority The People of the State of New York, represented in Senate and Assem- 1 Section 1. Legislative findings. The legislature hereby finds that in 2 the Peconic Bay region of Long Island, traffic congestion has been one 3 of the primary adverse impacts from overdevelopment. Expanding traffic 4 congestion has resulted in deteriorating traffic safety with increased 5 traffic accidents and fatalities. In addition, traffic congestion has 6 resulted in increased trip delays, declining air quality, adverse 7 impacts to historic and rural resources in the region's villages and 8 hamlets, parking problems, adverse impacts to residential communities 9 and neighborhoods resulting from the diversion of traffic from major 10 highways and arteries to rural residential streets and roads. 11 The region's tourist and second home industries, the cornerstone of 12 its prosperity, are threatened if the adverse consequences of traffic 13 congestion are not promptly and adequately addressed. Further, there 14 will be a continued growth in year-round population, seasonal residents, 15 and traffic into the foreseeable future, exacerbating an already major 16 problem. 17 The legislature finds that the unique geography of the Peconic Bay 18 region limits the ability to expand highway capacity for motor vehicles. 19 The narrow forks limit the augmentation of future highway capacity in an 20 east-west direction. The construction of new highways is not a feasible EXPLANATION--Matter in italiqs (underscored) is new; matter in brackets [--] is old law to be omitted. LBD15652-01-0 http://leginfo.state.ny.us:8080/NYSLBDC 1/bstfrme.cgi )/R/?O I 0 RETRIEVE Page 2 of 3 S. 6774 2 A. 9861 i alternative, and the option of improving capacity on existing highways 2 is limited. 3 While the region's highway infrastructure is severely overburdened, 4 its public transit capabilities are underdeveloped. The region possesses 5 underutilized rail capacity with minimal service from the Long Island 6 Rail Road to the region. Further, the Metropolitan Transportation 7 Authority has proposed reducing even this limited service. 8 The legislature finds that the development of new public transit 9 opportunities for the Peconic Bay region represents the best alternative 10 to address growing traffic congestion and other transportation problems. 11 The region possesses existing rail infrastructure. Existing service to 12 the region is minimal. Further, there is no coordination between rail 13 service and existing bus service. The opportunity to improve service is 14 clearly available. 15 The region's local governments have recognized the adverse impacts 16 resulting from growing traffic congestion and the need to explore other 17 transportation options such as public transit. Independently, the 18 comprehensive plans of the region's towns and villages have cited traf- 19 fic congestion as a critical problem and have identified improved public 20 transit as a future goal. Towns have created task forces and commissions 21 to address the transportation issue. 22 Further, local governments have joined together to explore public 23 transit options to mitigate traffic congestion. As early as 1994, the 24 East End Economic and Environmental Institute, under the auspices of the 25 East End Mayors and Supervisors Association issued a report entitled 26 Blue Print for Our Future which called for improved and coordinated bus 27 and rail service in the Peconic Bay region. 28 In 2005, after a four-year public outreach process, the local govern- 29 ments of the region issued the result of its SEEDS (Sustainable East End 30 Development) project. This initiative also recognized the need to create 31 improved transportation opportunities, including selected road improve- 32 ments and increased and coordinated public transit. 33 The Institute for Sustainable Development has issued a report calling 34 for improved transportation opportunities in the region. Five Town Rural 35 Transit, Inc., a private, not-for-profit corporation has also recognized 36 the need for public transit improvements. In 2005, they unveiled a 37 conceptual plan for an East End Shuttle providing coordinated bus and 38 rail service, and issued a development proposal to further that goal. 39 In 2007, the state of New York provided a $300,000 grant under its 40 Shared Municipal Services Initiative (SMSI} program to study the feasi- 41 bility of the East End Shuttle concept. In addition, the Long Island 42 Rail Road, in conjunction with the towns of Southampton and East Hampton 43 initiated a pilot program in 2007-2008 to provide a rail shuttle and 44 connecting bus service during the reconstruction of County Road 39. This 45 pilot program demonstrated that the rail/bus shuttle concept could be 46 successful. In 2009, the "East End Transportation Study Report", funded 47 by the SMSI program, was completed by the Volpe National Transportation 48 Systems Center, U.S. Department of Transportation. The study concluded 49 that the East End Shuttle concept was both viable and desirable. 50 A multitude of local governments, regional cooperative initiatives, 51 and private initiatives have all identified improved public transit with 52 increased and coordinated rail and bus service as the cornerstone for 53 solving the problem. The concept has been at the center of public policy 54 discussions for more than a decade. Therefore, proposals by the Metro- 55 politan Transportation Authority are ill-considered and unacceptable. http://leginfo.state.ny.us:8080/NYSLBDC 1/bst frme.cgi 2/8/2010 RETRIEVE Page 3 of 3 S. 6774 3 A. 9861 1 The legislature finds that the creation of a new and separate regional 2 transportation authority could provide the proper means of implementing 3 these reco~endations. However, it is desirous to first hold a public 4 referendum on the creation of such an authority before action is taken 5 by the legislature. 6 The legislation would authorize such towns to conduct such an advisory 7 referendum at the next general election to be held after the effective 8 date of this act. It is understood such referendum is advisory and non- 9 binding and that the creation of the new transportation authority would 10 still require an act of this legislature. 11 § 2. Advisory referendum authorized. Notwithstanding any provision of 12 law to the contrary, there shall be conducted at the first general 13 election held at least sixty days after the effective date of this act, 14 an advisory, non-binding referendum in the towns of East Hampton, River- 15 head, Shelter Island, Southampton and Southold, in the county of Suffolk 16 on the question of the creation of the Peconic Bay Transportation 17 Authority in said region to provide expanded public transit services. 18 § 3. Conduct of referendum. The advisory, non-binding referendum 19 authorized by this act shall be conducted by the board of elections of 20 the county of Suffolk. The question shall be submitted in the manner 21 provided in the election law, and the provisions of such law, not incon- 22 sistent with this act, relating to the submission of and to the taking, 23 counting and returning the vote and canvassing the results upon a ques- 24 tion submitted pursuant to law to the voters of the state shall apply to 25 the question in section four of this act required to be submitted. The 26 ballots shall be in such form as prescribed by such law. When the coun- 27 ty of Suffolk board of elections shall have completed its canvass of the 28 results of the vote upon such question, it shall forthwith certify the 29 results of the vote upon such question to the secretary of the senate 30 and the clerk of the assembly. 31 § 4. Form of question. The ballot question authorized by this act 32 shall be in the following form: "Shall the State of New York create a 33 new transportation authority to be known as the Peconic Bay Regional 34 Transportation Authority from the towns of East Hampton, Riverhead, 35 Shelter Island, Southampton and Southold in Suffolk county to provide 36 expanded public transit services and shall said towns be removed from 37 the jurisdiction of the Metropolitan Transportation Authority?" 38 § 5. Severability. If any clause, sentence, paragraph, section or part 39 of this act shall be adjudged by any court of co~petent jurisdiction to 40 be invalid, such judgment shall not affect, impair or invalidate the 41 remainder thereof, but shall be confined in its operation to the clause, 42 sentence, paragraph, section or part thereof, directly involved in the 43 controversy in which such judgment shall have been rendered. 44 § 6. This act shall take effect immediately. http://leginfo.state.ny.us:8080/NYS LBDC 1/bst frme.cei 2/8/2010 NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI, Sec. 1 ( x ) Memo on original bill ( ) Memo on amended bill SENATE BILL #: S. 6774 SENATE SPONSOR{S): LaValle ASSEMBLY BILL #: A. 9861 ASSEMBLY SPONSOR{S): Thiele TITLE: An Act authorizing an advisory, non-binding referendum in the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of Suffolk on the creation of the Peconic Bay Regional Transportation Authority to replace the Metropolitan Transportation Authority. PURPOSE: Authorizes an advisory, non-binding referendum in the towns of East Hampton, Shelter Island, Southampton and Southold on the creation of the Peconic Bay Regional Transportation Authority (RTA) to replace the Metropolitan Transportation Authority (MTA). SUMMARY OF PROVISIONS: Section. Legislative Finding. Section 2. Authorizes an advisory, non-binding referendum in the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold which is to be held at least 60 days after this act's effective date on the question of the creation of the Peconic Bay Regional Transportation Authority. Section 3. Conduct of referendum by the Suflblk County Board of Elections. Section 4. Question shall be in the following form: "Shall the State of New York create a new transportation authority to be known as the Peconic Bay Regional Transportation Authority fi.om the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in Suffolk county to provide expanded public transit services and shall said towns be removed from the jurisdiction of the Metropolitan Transportation Authority?." Section 5. Severability clause Section 6. Immediate effective date. JUSTIFICATION: The Peconic Bay region consists of five towns located on the East End of Long Island: Town of East Hampton, Town of Riverhead, Town of Shelter Island, Town of Southampton and the Town of Southold. Traffic congestion experienced in this region has been one of the primary adverse impacts fi-om overdevelopment resulting in deteriorating traffic safety with increased traffic accidents and fatalities. In addition, traffic congestion causes increased trip delays, declining air quality, adverse impacts to residential communities and neighborhoods resulting fi.om the diversion of traffic from major highways and arteries to rural residential streets and roads. The region's tourists and second home industries, thc cornerstone of its prosperity, are threatened if the adverse consequences of traffic congestion are not adequately addressed in a timely manner. This problem will only worsen in the tbreseeable future due to continued growth in the year-round and seasonal population. Due to the unique geography of the Peconic Bay region, the construction of new highways to accommodate increased motor vehicle traffic is not a feasible option. The narrow forks limit the augmentation of future highway capacity in an east-west direction. Therefore, the development new public transit opportunities for the Peconic Bay region is necessary to provide a viable alternative to address the region's growing traffic congestion and other transportation problems. The Volpe National Transportation Systems Center, U. S. Department of Transportation, completed a study in the fall of 2009 validating the feasibility of an integrated rail-bus system to increase public transportation on Long Island's East End to relieve this area's growing traffic congestion. This legislation would authorize the towns of the Peconic Bay region to conduct an advisory referendum at the next general election held after the effective date of this act on the creation ora Peconic Bay Regional Transportation Authority that would be responsible for public transportation services in the five East End towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold and replace the MTA's current govemance of public transportation in this region. Such public referendum would be advisory and would still require final approval by an act of the Legislature. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: To be determined EFFECTIVE DATE: Immediately.