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1. ~ Addressed to:
florae Rule Counsel
Assembly Post Office
The Capitol
Albany NY 12224
r'l Imumcl M~ r90.O.D.
PS Form 3811, February 2004
7009 0820 0001 7820 8648
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(Endomemen Requl
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[ Albany I'~Y 12224
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ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
RO. 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 15, 2013
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.1859 and two (2)
copies of Home Rule Request from the Southold Town Board requesting the
enactment of Assembly Bill A. 1461.
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held March 12, 2013.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
/ljc
Enclosures
cc: Senator LaValle
Assemblyman Thiele
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF 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.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 15, 2013
CERTIFIED MAIL
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. 1461and two
(2) copies of Home Rule Request from the Southold Town Board requesting the
enactment of Senate Bill S.1859.
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held March 12, 2013.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
/ljc
Enclosures
cc: Senator LaValle
Assemblyman Thiele
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Town
Pursuant to Article IX of the Constitution, the
Southold requests the enactment of s~.a~ bill(No.S_.1859
entitled AN ACT to amend t[xe general municipal law, in relation to cr6ating the Peconic Bay
of
I~PLA~A'I'ION
(If space below is not sufficient, u~ separate sbeet ~nd attach her~)
Such request i~ made by: (Check appropriate box)
['3 Thc chief executive o~ccr of such local gnvcnmae, nt, concun~d in by a majority of the tntal memberdxip
of the local iegislative body. (See paragraph k below)
READ B~FORE SIGNING.
A. If the request is made by the chief executive officer / c~u~ in by a. majofity of the t~al mem-
bership of the local lesislatlve body. both the chief executive offieer and the cJerk of the local le~Mafive
body must sign below. In such case use the word "majority" below even though the ~ may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of thc total membership thmeof
(Signed)
Date: March 13 ,2013
CLERK'S CERTIFICATION
1, Elizabeth A. Heville , do hereby certify that I am Clerk of the ( )
Town Board of the Town
of $outhold and thnt on the 12th dayof March
2013 . such legislative body, at least a ~,,o:th~ of the total membership having voted in favor thereof,
~...[~ Elizabeth A. Neville
Date: March 13 ,20 13
IMPORTANT: READ INSTRUCTIONS ON REVERSE SlOE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Town
Pursuant to Article IX of the Constitution, the
Southold~,~ .requests. the enactment of ^se,,ate ys~ra~,l bill (No.A' 1461
ent tl~l AN ACT to amend Ibc general municipal law, in relation to creating the Peconic Bay
Regional transportation council; and providing for the repeal of such provisions upon expiration thereof.
of
F.~PI~uNATION
(If space below is not sufficiem, use separate sheet ahd attach here)
Such request is made by: (Check appropriate box)
~-] The chief executive officer of such local government, concurred in by a majority o{ I1~ total memberthip
READ BEFORE SIGNING
A. If the request is made by the chi~ executive ~ and concuned in by a. majofity of tbe total mem-
bership of the local legislative body, both th~ cJni~[ e3~alive offl~r and th~ ~ ot th~ ~ I~lMive
body must sign below. In such case use the word "majority" below even tbeu~h the vote my have
been grcatcr.
B. If t~c request .is made by the local leg~slativc b~dy, at toast two*thirds 9~ thc total membership thereof
havanA votcd m favor of such request~ oflty the clerk of thc local Icf~shtive body must -tan Ixclow.
In such case u~ the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Si~ed)
Dam: March 13 ,20. 13
CLERK'S ~RTIFICATION
l. Elizabeth A. Neville , do bereby certify that l am Clerk of the ( )
Town Clerk of the Town
of Southold .and that on the 12th day of March
20 1 ~ , such legislative body, at least a . '. of thc total membership having voted in favor thereof,
~ ......~ Elizabeth A. Neville
Date: March 13 ,20. 13
RESOLUTION 2013-227
ADOPTED
DOC ID: 8644
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-227 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 12, 2013:
WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.1859 and
Assembly Bill A.1461 and
WHEREAS, the bill would create the Peconic Bay Regional Transportation Council; this
council would coordinate a proposal for the development of an improved public transit system
for the region; now, therefore, be it
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.1859 and Assembly Bill A. 1461
entitled "AN ACT to amend the general municipal law~ in relation to creating the Peconic
Bay regional transportation council~ and providing for the repeal of such provisions upon
expiration thereof".
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 1]
MOVER: Jill Doherty, Councilwoman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Doherty, Talbot, Evans, Russell
NAYS: William Ruland
Copies mailed to both of LaValle's Offices and both of Thiele's Offices
IX.E, i I~IE V 12, DILL Page 1 of 2
SPONSORS MEMO:
BILL NUMBER: S1859
SPONSOR: LAVALLE
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
FEB
$outhold Town Clerk
TITLE OF BILL: An act to amend the general municipal law, in relation
to creating the Peconic Bay regional transportation council; and provid-
ing for the repeal of such provisions upon expiration thereof
~URPOSE: This legislation would create the Peconic Bay Regional Trans-
portation Council. This council would coordinate a proposal for the
development of an improved public transit system for the region.
SU~IMARY OF PROVISIONS:
Section 1: Legislative Findings
Section 2: Article 5-M - Peconic Bay Transportation Council
* Section llg-aaa - Definitions
* Section ll9-bbb - Creates the Peconic Bay Transportation Council,
establishes guidelines for membership to the council.
* Section ll9-ccc - Establishes the powers and duties of the Council.
* Section llg-ddd - States that every State agency shall offer full
cooperation to the council.
* Section llg-eee ~ Directs the council to prepare an implementation
report for the transportation plan for the Peconic Bay region.
* Section llg-fff - Requires the Peconic Bay Regional Transportation
Council's submission of the approved plan to the Legislature no later
than 30 days after such approval
Section 3: Effective Date
JUSTIFICATION: Expanding traffic congestion in the Peconic Bay region
has resulted in deteriorating traffic safety, declining air quality,
parking problems, and adverse impacts to the historical and rural
resources of the area, and has impeded further growth and development in
the region. In order to preserve the tourism industry, and provide
comfort for the permanent residents of the region, the issue of traffic
congestion must be addressed.
As the unique geography of the region does not permit highway expansion,
the solution lies with the expansion of the public transit system in the
region.
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KI~ 1 I~IE V E 15 ILL Page 2 of 2
This legislation would create an entity to coordinate the local govern-
ments, state government and federal government and other interested
parties to create and establish a successful public transit initiative
for the Peconic Bay region. Bringing the stakeholders and community
members together in the development of the plan will ensure an open and
comprehensive decision making process.
LEGISLATIVE HISTORY: 2011-12: A.1412-A/S.1459-A -Remained in Commit~
tee 2009-10: A.6743-B/S.3181-B -- Remained in Committee 2007-08:
A.1735/S~1235- Remained in Committee 2005-06: A.9784/S.6670-- Remained
in Committee
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DAT~: This act shall take effect immediately and shall
remain in full force and effect until December 31, 2018 when upon such
date the provisions of this act shall expire and be deemed repealed.
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Page 1 of 5
BILL TEXT:
STATE OF NEW YORK
1859
2013-2014 Regular Sessions
SENATE - ASSEMBLY
(Prefiled)
January 9, 2013
1461
FEB 2 8 [::!3
Southold Town Clerk
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 the general municipal law, in relation to creating the
Peconic Bay regional transportation council; and providing for the
repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds that
2 over the past thirty years, rapid growth and development in the Peconic
3 Bay region of Long Island, while providing for a successful economy, has
4 also resulted in some unavoidable, adverse impacts that threaten the
5 region's future quality of life and future economic prosperity. Traffic
6 congestion has been one of the primary adverse impacts from such rapid
7 development.
8 Expanding traffic congestion has resulted in deteriorating traffic
9 safety with increased traffic accidents and fatalities. In addition,
10 traffic congestion has resulted in increased trip delays, declining air
11 quality, adverse impacts to historic and rural resources in the region's
12 villages and hamlets, parking problems, adverse impacts to residential
13 communities and neighborhoods resulting from the diversion of traffic
14 from major highways and arteries to rural residential streets and roads.
15 The region's tourist and second home industries, the cornerstone of
16 its prosperity, are threatened if the adverse consequences of traffic
17 congestion are not promptly and adequately addressed. Further, projec-
18 tions from the state department of transportation and local governments
19 indicate that there will be a continued growth in year-round population,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[--] is old law to be omitted.
LBD01669-01-3
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Page 2 of 5
S. 1859 2 A. 1461
1 seasonal residents, and traffic into the foreseeable future, exacerbat-
2 lng an already major problem.
3 The legislature finds that the unique geography of the Peconic Bay
4 region limits the ability to expand highway capacity for motor vehicles.
5 The narrow forks limit the augmentation of future highway capacity in an
6 east-west direction. The construction of new highways is not a feasible
7 alternative, and the option of improving capacity on existing highways
8 is limited. In addition to unique geography, impacts to the region's
9 natural and historic resources, such as open space, farmland, watershed
10 areas, wetlands, and historic sites and landmarks also limit increasing
11 highway capacity.
12 While the region's highway infrastructure is severely overburdened,
13 its public transit capabilities are underdeveloped. The region possesses
14 underutilized rail capacity with minimal service from the Long Island
15 Rail Road to the region.
16 The legislature finds that the development of new public transit
17 opportunities for the Peconic Bay region represents the best alternative
18 to address growing traffic congestion and other transportation problems.
19 The region possesses an existing rail infrastructure. Existing service
20 to the region is minimal. Further, there is no coordination between rail
21 service and existing bus service. The opportunity to improve service is
22 clearly available.
23 The region's local governments have recognized the adverse impacts
24 resulting from growing traffic congestion and the need to explore other
25 transportation options such as public transit. Independently, the
26 comprehensive plans of the region's towns and villages have cited traf-
27 fic congestion as a critical problem and have identified improved public
28 transit as a future goal. Towns have created task forces and commissions
29 to address the transportation issue.
30 Further, collectively, as a region, the local governments have joined
31 together to explore public transit options to mitigate traffic
32 congestion. AS early as 1994, the East End Economic and Environmental
33 Institute, under the auspices of the East End Mayors and Supervisors
34 Association issued a report entitled Blue Print for Our Future which
35 called for improved and coordinated bus and rail service in the Peconic
36 Bay region.
37 In 2005, after a four-year public outreach process, the local govern-
38 ments of the region issued the result of its SEEDS (Sustainable East End
39 Development) project. This initiative also recognized the need to create
40 improved transportation opportunities, including selected road improve-
41 ments and increased and coordinated public transit.
42 The private sector has also recognized the need for improved regional
43 transportation opportunities. The Institute for Sustainable Development,
44 Southampton College of Long Island University, held a conference and
45 issued a report calling for improved transportation opportunities in the
46 region. Five Town Rural Transit, Inc., a private, not-for-profit corpo-
47 ration has also recognized the need for public transit improvements. In
48 2005, they unveiled a conceptual plan for an East End Shuttle providing
49 coordinated bus and rail service, and issued a development proposal to
50 further that goal.
51 In 2007, the state of New York provided a $300,000 grant under its
52 Shared Municipal Services Initiative (SMSI) program to study the feasi-
53 bility of the East End Shuttle concept. In addition, the Long Island
54 Rail Road, in conjunction with the towns of Southampton and East Hampton
55 initiated a pilot program in 2007-2008 to provide a rail shuttle and
56 connecting bus service during the reconstruction of County Road 39. This
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Page 3 of 5
S. 1859 3 A. 1461
1 pilot program demonstrated that the rail/bus shuttle concept could be
2 successful. In 2009, the "East End Transportation Study Report", funded
3 by the SMSI pro~ram, was completed by the Volpe National Transportation
4 Systems Center, U.S. Department of Transportation. The study concluded
5 that the East End Shuttle concept was both viable and desirable.
6 In summary, the problem of traffic congestion with its adverse impacts
7 on the local environment, economy, and quality of life has long been
8 recognized. Further, a multitude of local ~overnments, regional cooper-
9 ative initiatives, and private initiatives have all identified improved
10 public transit with increased and coordinated rail and bus service as
11 the cornerstone for solving the problem. The concept has been at the
12 center of public policy discussions for more than a decade.
13 The next step is the full development of the East End Shuttle concept
14 in order to implement new transit opportunities in a timely fashion.
15 Currently, no governmental entity exists which can coordinate the
16 multitude of local governments, state ~overnment, federal government,
17 and other stakeholders that must participate to implement a successful
18 public transit initiative for the Peconic Bay region.
19 It is the intent of the legislature with this act to provide the
20 necessary governmental framework and resources that will foster the
21 cooperation necessary to implement a public transit proposal for the
22 Peconic Bay region. This legislation will give the local governments the
23 regional framework to develop and implement this initiative, and will
24 mandate the cooperation of state and federal agencies. Further, it will
25 provide for the involvement of all stakeholders and community members in
26 the development process to insure an open and comprehensive decision
27 making process.
28 § 2. The general municipal law is amended by addin~ a new article 5-M
29 to read as follows:
30 ARTICLE 5~M
31 PECONIC BAY REGIONAL TP~ANSPORTATION COUNCIL
32 Section llg-aaa. Definitions.
33 llg-bbb. Peconic Bay regional transportation council.
34 ll9-ccc. Powers and duties of the council.
35 llg-ddd. Aqency cooperation.
36 llg-eee. Implementation report for the transportation plan.
37 ll9-fff. Submission to the legislature.
38 § llg-aaa. Definitions. As used in this article the followinq terms
39 shall have the followin~ meanings:
40 1. "Peconic Bay region" means the towns of East Hampton, Riverhead,
41 Southampton~ and Southold in the county of Suffolk.
42 2. "County" means the count_v of Suffolk.
43 3. "Municipal ' .
corporation mmans a town or village in the Peconic Ba~
44 legion.
45 4. "State,, means the state of New York.
46 5. "State agency,~ means any office, _department, board, con,mission,
47 bureau, division, authority,__~ublic benefit corporation, agency or
48 instrumentality of the state.
49 6. "Transportation plan,, means the plan of Dublic transportation
50 projects for the Peconic Bay region provided for in the east end trans-
51 portation study~ prepared by ~he Volpe National Transportation Systpms
52 Center, dated November, two thousand nine. -
53 7. "Public transportation project" means any rapid transit, railro&,],
54 or0~ibus, marine transportation, or other public transportation proje~:t.
55 8. "Council,, means the council created pursuant t~ section one hundred
56 nineteen-bbb of this article.
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Page 4 of 5
S. 1859
4
A. 1461
1 9. "Governor,, means the governor of the state of New York.
2 ~ 119-bbb. Peconic Bay regional transportation council. 1. There i~,
3 hereby created the Peconic Bay reqional transportation council. Sucl~
4 council shall consist of eighteen voting members: one member to bo
5 appointed by the governor who will serve at the pleasure of the gover-
6 nor, and thirteen ex officio m~mhers who are the county executive of thm
7 county of Suffolk, the four town supervisors from the Peconic Bay
8 regionr two village mayors to be appointed by the East End Village Offi
9 cials Association, the United States congres~m~n representinq the Pecon
10 ic Bay region, the state senator representing the Peconic Bay regionc
11 the two state assembly members representing the Peconic Bay region, a,,d
12 the two county legislators representing the Peconic Bay region, and fou~
13 citizen members with an interest in transportation and public transit
14 ~e appointed by the tow~ board of each town in the Peconic Bay region.
15 Each town shall have one appointment. Each ex officio member may
16 appoint a designated representative, by official authority filed with
17 the council, to exercise his or her powers and perform his or her
18 duties, including the right to vote on matters before the council.
19 2. The council shall elect one of its members as chairperson. Eleve~
20
21
22
23
24
members shall constitute a quorum for the transaction of any business o,
the exercise of any power or function of the council. An affirmativ,.
vote of ten or more members shall be required to pass a resolution o,
otherwise exercise any functions or powers of the council.
§ llg-ccc. Powers and duties of the council. The council shall havn
25 the following powers:
26 1. to make by-laws for tho regulation and management of its affairs;
27 2. to establish a citizen advisory committee to assist it with it;~
28 duties and responsibilities$
29 3. to establish a technical advisory committee to assist it with ils
30 duties and responsibilitiesl
31 4. to develop an implementation report for the transportation plan,
32 with the advice of the advisory committees~ '
33 5. to utilize to the extent practicable, the state and facilities of
34 existing state and local agencies;
35 6. to make and execute contracts and all other instruments necessary
36 or convenient for the exercise of its powers and duties under this arti-
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
~le~
7. to sue and be sued;
8. to appoint an executive officer, officers, agents, employees, and
prescribe their duties and qualifications~
9. to hold hearings in the exercise of its powers~ functions__,_ and
duties as provided for by this article;
10. to contract for professional and technical assistance and advice;
11. to contract for and accept any assistance, includinq but no[
limited to gifts, 9rants, or loans of funds, or of property from tl,~
federal government or any agency or instru/~entality thereof, or any
state agency, or from any other public or private source and to comply,
subject to the provisions of this article, with the terms and conditions
thereof.
§ llg-ddd. Agency cooperation. 1. Every state agency shall offer full
cooperation to the council in carrying out the provisions of this art~-
2. Every a~ency of the county and the municipal corporations shall
offer full cooperation to the council in carrying out the provisions si
this article.
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Page 5 of 5
S. 1859 5 A. 1461
1 § ll9-eee. Implementation report for the transportation plan. 1. Th,,
2 council is hereby directed to prepare an implementation report for th.
3 transportation plan for the Peconic Bay reqion which shall include:
4 (a__) establishment of shuttle trains utilizinq the existinq right of
5 way of the Lonq Island Rail Road;
6 (b) establishment and coordination of bus transportation to complemenl
7 shuttle trains;
8 (c) a reqio~al governance structure to operate the transportation
9 p_lan__;
10 (d) establishment of park and rail facilities; and
11 (e) additional non-stoR trains from New York city to the Peconic Bay
12 region.
13 2. The implementation report shall be prepared in sufficient detail
14 and specificity_~o permit the relevant governmental authorities to
15 proceed directly to the implementation of the transportation plan. The
16 implementation report shall establish a timetable for recommended publ~o
17 trans~portation pro'ects] ___z ..... The implementation report_ shall include a capi%
18 tal plan and budget for its implementation. The implementation repozt
19 shall include the assessment of envirornnental impacts, preliminary enqi
20 neering, and final design~
21 3. At least four public hearings, one in oach town in the Peconic
22 ~e~ion shall be held on the final implementation plan.
23 4, A proposition to approve the implementation plan shall be submitted
24 to the voters as a referendum in each of the towns in the Peconic Bay
25
26
27
28
29
30
31
32
33
34
35
36
~ion at th~ general election to be held at least ninety days_~fter the
completion of the pub]4c hearings provided for in subdivision three of
this section. Such referendum shall be deemed approved if it is approve,]
by _a majority of the voters voting on such referendum in each town in
the Peconic Bay re~ion.
§ ll9-fff. Submission to the leqislature. Upon approval of the pla,~
~y referendum, such approved implementation report shall be submitted t,,
the legislature by the council no later than thirty days after su¢h
~pproval.
§ 3. This act shall take effect immediately and shall remain in full
force and effect until December 31, 2018 when upon such date the
provisions of this act shall expire and be deemed repealed.
http://leginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/28/2013