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HomeMy WebLinkAboutPeconic Bay Regional Transportation Council THE SENATE `tt A, STATE OF NEW YORK KENNETH P. LAVALLE 'N NORT11 COUNTRY ROAD SENATOR 10I IN I SINAI. NCW YORK I1760 16311493-1461 IST SENATE District CHAIRMAN, MAJORITY CONFERENCE CHAIRMAN COMMITTEE ON HIGHER EDUCATION RECEIVED January 15, 2014 JAN 2 2 20 Southold Town CI(: Elizabeth A. Neville, Clerk Town of Southold 53095 Main Road-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.1859/A.1461 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, Kennet LaValle Enclosures t~ o~~g11fFOL,~co ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 N Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p _ .1C Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 2014 'lo63 3110 coot -Oq9 350 CERTIFIED MAIL RETURN RECEIPT REQUESTED Home Rule Counsel Assembly Post Office The Capitol Albany, NY 12224 Dear Sir: Transmitted herewith are two (2) copies of a Home Rule Request from the Southold Town requesting the enactment of Assembly Bill A.1461 and 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 January 28, 2014. Very truly yours, 0 Cl.? Elizabeth A. Neville Southold Town Clerk /Imr Enclosures Cc: Senator LaValle Assemblyman Thiele SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DFLIVEni' a°a. a Dal hrery kid. et O Agent I , ' itMP rk t9d2D e ¦ Print your narRp a' the toverse' 13 mt!m so that we CaR•tiettltfl t(Ta r;ltl'd,'. O.yGu. B. ReceWW by'(Pltnsed Nem$) G. Date of DelWery ¦ Attach this card to ttiQta Wt•of the inail~pliece. I or on the front H space a A. 1 ~D I d. is d diHe ent 1 orn item 17 13 Yee el~yeddless 1 Mile Addressed to: j' I H YES, enfsr.delivery address below: ? No I f I i 'HOME Rule<Cou,n'sel I AsSembly~,.Post Office The Capitol,, „ AlbanNY T222 I Safuke9Ype - ' I` ~r °~tetl I I Receipt for Merchandise I all, G1c.b.o. .0 Y82, e~erwreber 7003 3110 0001 8549 3508 ji 'wnsfer•fiOni servlpe . ,c„ 2 4 PS Form <S8' E6hniary - na-mesilc Re4uriS•fle pl f t U.S. Postal Service rp ca rrr_r_~ D. O estic , Coverage Provided) _N Insurance Ln Ln (Dom Mail Only., m m Iffff.rm - , 011".~ ~s TC.4FFIK iu(A,L USE ul Ln ra ra P~ 6 depaee Fee O O poeeaere C3 O d W Fee Hoe C3~ C3 (Fi C3 O Reeelcred r3 r-a RDOMaYequlred) l ra r-9 T M Toil pm p a Fees $ M m C3 0 0 o Home Pule Counsel,- Assembly-_PO--..---._-- r'r -------W wpoaw Ra The Capitol--•------------------------ G4: Smte, LPM Albany _NY -12-224 o~~gUFFO[,f-~O ELIZABETH A. NEVILLE, MMC ti~ Dy Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR. OF VITAL STATISTICS `gyp • Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER 0( `~a www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 2014 9003 31 tc 000 854 9 359 gk CERTIFIED MAIL RETURN RECEIPT REQUESTED Home Rule Counsel Senate Post Office The Capitol Albany, NY 12224 Dear Sir: Transmitted herewith are two (2) copies of a Home Rule Request from the Southold Town 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.461 . Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held January 28, 2014. Very truly yours, - Elizabeth A. Neville Southold Town Clerk /lmr Enclosures Cc: Senator LaValle Assemblyman Thiele a I f II SENDER: COMPLETE THIS SEC A. Signature " I I is complete items 1, 2, and ? Agent l I Rem 4 R Restricted Degvery'ls desitod- X ? addressee .4 i ¦ Prim your name and address 'the reverse C. Date of De ve Y I so that we Can retuM the Card to ;••olt B. Received by (Printed Name) I ¦ Attach this card to the back of the rnwipiece, , i or on the front R V1308 Petmlt9.' D. Is delivery address different from item 1? 0 Yes l I `1. Article Addressed to: If YES, enter deliveN address low, 0 No Home Rule Counsel" I Senate Post Office I; The Capitol f I Albany, NY 12224 I 3. Service Type Mail. - Ftetumpt forMerchendise ( f•Bd Mail zn, k I;. Ay pDrini Few 4 'n* 7003 3110 001 8549 3-522 1 February 2004 DomestieRetum Receipt Postal I ru fU • CERTIFIED I\AAIL,,, RECEIPT rn (Domestic Mail only: No Insu e Coverage P m m up m OFFICIAL SE SY < m ra tees M C3 CertliI Fee PoYrserlt _ O O Rewm Redapt Fee Here (Endoreen:ent flegelredt O Reelrkted Del Wery Fee r9 rfl (Eno. -t Requked) ra r3 m m Total Posteoe s Fees M m 0 o Home Pule Counsel, Senate PO _ r- [ J; a -1pWDW-- or PO SMIva, The Capitol-°---------------------------------- - -z----•--------•------•--•-------• Gyaerafw+ AL an NY 12224 r gUFiO(,F OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Z ELIZABETH A. NEVILLE, TOWN CLERK, MMC 53095 MAIN ROAD 'g PO. BOX 1179 l * iaa SOUTHOLD, NEW YORK 11971 Assemblyman Fred W. Thiele, Jr 2302 Main Street PO Box 3062 Bridgehampton, NY 11932 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ELIZABETH A. NEVILLE, TOWN CLERK, MMC : 53095 MAIN ROAD P.O. BOX 1179 "b! iaa SOUTHOLD, NEW YORK 11971 Senator Kenneth LaValle 28 N Country Road, Suite 203 Mount Sinai, NY 11766 'RETRIEVE BILL Page 1 of2 SPONSORS MEMO: NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec I BILL NUMBER: S1859 SPONSOR: LAVALLE 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 PURPOSE: 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. SUMMARY OF PROVISIONS: Section 1: Legislative Findings Section 2: Article 5-M - Peconic Bay Transportation Council * Section 119-aaa - Definitions * Section 119-bbb - Creates the Peconic Bay Transportation Council, establishes guidelines for membership to the council. * Section 119-ccc - Establishes the powers and duties of the Council. * Section 119-ddd - States that every State agency shall offer full cooperation to the council. * Section 119-eee - Directs the council to prepare an implementation report for the transportation plan for the Peconic Bay region. * Section 119-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. 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.3181-3 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 DATE: This act shall take effect immediately and shall http://Ieginfo.state.ny.us/ASMSEN/bstfnnel.cgi 1/15/2014 'RETRIEVE BILL Page 2 of 2 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://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 1 of 5 BILL TEXT: STATE OF NEW YORK S. 1859 A. 1461 2013-2014 Regular Sessions SENATE - ASSEMBLY (Prefiled) January 9, 2013 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. LB001669-01-3 http://Ieginfo.state.ny.us/ASMSEN/bstfnnel.egi 1/15/2014 RETRIEVE Page 2 of 5 S. 1859 2 A. 1461 1 seasonal residents, and traffic into the foreseeable future, exacerbat- 2 ing 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 http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE 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 program, 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 governments, 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 government, 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 adding a new article 5-M 29 to read as follows: 30 ARTICLE 5-M 31 PECONIC BAY REGIONAL TRANSPORTATION COUNCIL 32 Section 119-aaa. Definitions. 33 119-bbb. Peconic Bay regional transportation council. 34 119-ccc. Powers and duties of the council. 35 119-ddd. AgencV cooperation. 36 119-eee. Implementation report for the transportation plan. 37 119-fff. Submission to the legislature. 38 § 119-aaa. Definitions. As used in this article the following terms 39 shall have the following 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 county of Suffolk. 43 3. "Municipal corporation" means a town or village in the Peconic Bay 44 region. 45 4. "State" means the state of New York. 46 5. "State agency" means any office, department, board, commission, 47 bureau, division, authority, public benefit corporation, agency or 48 instrumentality of the state. 49 6. "Transportation plan" means the plan of public transportation 50 projects for the Peconic Bay region provided for in the east end trans- 51 portation study, prepared by the Volpe National Transportation Systems 52 Center, dated November, two thousand nine. 53 7. "Public transportation project" means any rapid transit, railroad, 54 omnibus, marine transportation, or other public transportation project. 55 8. "Council" means the council created pursuant to section one hundred 56 nineteen-bbb of this article. http://leginfo.state.ny.us/ASMSEN/bstfrrnel.cgi 1/15/2014 'RETRIEVE 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 is 3 hereby created the Peconic Bay regional transportation council. Such 4 council shall consist of eighteen voting members: one member to be 5 appointed by the governor who will serve at the pleasure of the gover- 6 nor, and thirteen ex officio members who are the county executive of the 7 county of Suffolk, the four town supervisors from the Peconic Bay 8 region, two village mayors to be appointed by the East End Village Offi- 9 cials Association, the United States congressman representing the Pecon- 10 is Bay region, the state senator representing the Peconic Bay region, 11 the two state assembly members representing the Peconic Bay region, and 12 the two county legislators representing the Peconic Bay region, and four 13 citizen members with an interest in transportation and public transit to 14 be appointed by the town 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. Eleven 20 members shall constitute a quorum for the transaction of any business or 21 the exercise of any power or function of the council. An affirmative 22 vote of ten or more members shall be required to pass a resolution or 23 otherwise exercise any functions or powers of the council. 24 § 119-ccc. Powers and duties of the council. The council shall have 25 the following powers: 26 1. to make bV-laws for the regulation and management of its affairs; 27 2. to establish a citizen advisory committee to assist it with its 28 duties and responsibilities; 29 3. to establish a technical advisory committee to assist it with its 30 duties and responsibilities; 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 cle; 38 7. to sue and be sued; 39 8. to appoint an executive officer, officers, agents, employees, and 40 prescribe their duties and qualifications; 41 9. to hold hearings in the exercise of its powers, functions, and 42 duties as provided for by this article; 43 10. to contract for professional and technical assistance and advice; 44 11. to contract for and accept any assistance, including but not 45 limited to gifts, grants, or loans of funds, or of property from the 46 federal government or any agency or instrumentality thereof, or any 47 state agency, or from any other public or private source and to comply, 48 subject to the provisions of this article, with the terms and conditions 49 thereof. 50 § 119-ddd. Agency cooperation. 1. Every state agency shall offer full 51 cooperation to the council in carrying out the provisions of this arti- 52 cle. 53 2. Every agency of the county and the municipal corporations shall 54 offer full cooperation to the council in carrying out the provisions of 55 this article. http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 'RETRIEVE Page 5 of 5 S. 1859 5 A. 1461 1 § 119-eee. Implementation report for the transportation plan. 1. The 2 council is hereby directed to prepare an implementation report for the 3 transportation plan for the Peconic Bay region which shall include: 4 (a) establishment of shuttle trains utilizing the existing right of 5 way of the Long Island Rail Road; 6 (b) establishment and coordination of bus transportation to complement 7 shuttle trains; 8 (c) a regional governance structure to operate the transportation 9 plan; 10 (d) establishment of park and rail facilities; and 11 (e) additional non-stop 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 to 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 public 17 transportation projects. The implementation report shall include a capi- 18 tal plan and budget for its implementation. The implementation report 19 shall include the assessment of environmental impacts, preliminary engi- 20 neering, and final design. 21 3. At least four public hearings, one in each town in the Peconic Bay 22 region 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 region at the general election to be held at least ninety days after the 26 completion of the public hearings provided for in subdivision three of 27 this section. Such referendum shall be deemed approved if it is approved 28 by a majority of the voters voting on such referendum in each town in 29 the Peconic Bay region. 30 § 119-ff£. Submission to the legislature. Upon approval of the plan 31 by referendum, such approved implementation report shall be submitted to 32 the legislature by the council no later than thirty days after such 33 approval. 34 § 3. This act shall take effect immediately and shall remain in full 35 force and effect until December 31, 2018 when upon such date the 36 provisions of this act shall expire and be deemed repealed. http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 Southold Town Board - Letter Board Meeting of January 28, 2014 """"'4., RESOLUTION 2014-152 Item # 5.29 ADOPTED DOC ID: 9516 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-152 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 28,2014: 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 [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated January 29, 2014 Page 40 IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: 'Pursuant to Article IX of the Constitution, theTown of or r~llaq (coun~ Southold requests the enactment ofy, cit,ro "It' tc bill A.1461 . (No (mmc) , Assembly hi ikemermae entitled " AN ACT to amend the general mutucipal;law, in relation fo cor1mg the Peconic Bay ° Regional Transportation Council; and providing for tlic repeal of such provisions upon expiration 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)' K] 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 majority of the total membership of the local legislative body. (See paragraph A. below) X1, 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 localslegislative body, bosh 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 favorof such request, only the clerk of the local legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) (chiel executive mater) (Print or type name Ixlow.. slgnuturt) Date:'` anuary_'29 20 14 dine of chief executive officer) CLERK'S CERTIFICATION I, Elizabeth A. Neville ; do hereby certify that I am Clerk of the ( ) (Prot or rype name `Ilmal lexi~lmire M-0Yl Town Board of the Town Imumy. ciq'. town nr vilUge) of Southold and that on the 28th day of January (name) - ' 20 14 , such legislative body, at least a lwo-thirds of the total membership having voted in favor thereof, majority approved the foregoing request. (Signed) t uraGJ< f. O`re& ~S£1L GF LOCiL. tdcr4) eoYEaNn1fA) Elizabeth A. Neville (FriN Or lyPe r.anv: FKluw:..ignawrcl Date: January 29 ° 20 14 sow nx.v ;.r, IA; INSTRUCTIONS Copies required: Two signed copies f this form, ~ "specifying the final bill number and title must be filed with each House of the Legislature x" t{ Ewmples: ' (a) `If the bill has been introduced in only one House of the-Lt gistatnre, four copies of the request form must be filed, i.e., two with the Senate and two with the Assembly. +h~- (b) If the'.identical bill has been introduced in both Houses, eight copies of the request form must be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same fdr the Assembly bill. Date of request: The signing of° a home rule request or the adoption of a resolution by the local legislative body approv. ing such request cannot precedetthe date`on,which -the bill is actually introduced in the Legislature. In the case of preSled bills, the actual date of introduction' is the first day of the legislative session. The request may be signed or the resolution adopted the'same 'day as the date of introduction. Amended bfllsd" Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the now request trust correctly' identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, canmot precede the date of the amendment.. Transmittal: The signed forms should be sent as follows: To dm Senate: To the Aswmbly: Home Rule Counsel . Home Rule Counsel Senate Post Office Assembly Post Office The Capitol The Capitol , Albany, 14. Y. 12224 Albany, N. Y. 12224 Dcfinitiori of ttrma. Chief ezecutive officer. In the case of a county, the elective or appointive chief executive officer,'if there be one, or otherwise the chairman of the board of supervisors; in the case of a city or village, the'mayor (not manager); and m the caw of a town, the supervisor. (Municipal Horne Rule Law §40) Loea1 legislative body. The board of supervisors, board of aldermen, common council, council, commission, town board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law ¢2) Low government. A county, city, town or village' (Coast Art IX, §3; Municipal Home Rule Law 12) Speemllaw A State statute which in terms and m effect applies to one or more, but not 4 counties (other l6i those wholly included within a city) cities, towns or villages. (Count Att. IX §3; Municipal Home Rule Law 12) Tomf membership. The total voting power of a legislative body. (Municipal Home Rule law,. 1120, 40) rc:. .Z 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 6vunly.cay.townotvillaFe, S.1859 requests the enactment of senate bill (No. inamU Assembly entitled " AN ACT to upend the general municipal law, in relation"'fo crea(ing the Peconic Bay Regional Transportation Council; and providing for the repeal of such provisions upon expiration 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. EJ 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) 17 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) `n 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 bya 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 mustsign.below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE' (Signed) _ (chief amemree otrma) :.(Print m type !lame below signore) Date: January 29 20 14 (Title o(chic(cxamive officer) CLERK'S CERTIFICATION I Elizabeth A. Neville do hereby certify that I am Clerk of the ( ) (Pnnl or type name) . (local legialalive mxiy) Town Board ofthe Town (county, city, town or village) of Southold and that on the '.28TH ddy of_January 2014, such legislative body, at least a two-thirds of the total membership having voted in favor thereof, majority •,,,~,/'7 approved the foregoing request.' (signed) _W )$EnL OF IACAL (dcd) ri° ea ue p Elizabeth A. Neville -(Prim atype namq l+ebw .ignewrel Date: January 29 2Q 14, INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed with each House of the Legislature. . 4, Examples (a) If the"bill has been introduced in only one House of the Legislature, four copies of the request form must be filed, i.e., two with the Senate"and two with the Assembly. (b)' If the identical bill has been introduced in both Houses, eight copies of the request form must be filed; i.e.,' two with the Senate and two with the Assembly for the Senate bill and the same ,',,:'for the Assembly bill. Date of request: The signing of a home rule request or the adoption of a resolution by the local legislative body approv- ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of pte5led bilk, the actual date of introduction is the first day of the legislative session. The request' may be signed or fhe' resolution adopted the same day as the date of introduction. Amended bills: Each time the bill is amended a new request must be filed (with the appropriate number"of copies) and the new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, cannot precede the date of the amendment, , Transmittals The signed forms should be sent as follows: To the Senate: To'the Assembly:;; - , Home Rule Counsel Home Rtile'Couurel Serum Post Office Assembly Post Office The Capitol The Cspito) Atbany, N °Y. j2224 Albany, N. Y.12224 Definition of terms: Chief executive o$cer. In the ease of a county, the elective or appointive chief exeaitive offiaetr'if there be one. or otherwise the chairman of the board of supervisors; in the ease of a city or village, the mayor (not'msnager); and in the cue of a town, the supervisor. (Municipal Home Rule Law §40) Local legislative body. The board of supervisors, board of aldermen; common council, council,'eommission, town board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)' Local giovetrutwnt. A county, city, town or village (Const Art a Di;, §3; Municipal Home Rule Law 12) Spta w law A state statute which m terms and m effect applies to one or mote, but not all, counties (other than those wbolly included within a city) cities, towns or villages. (Const-Art IX 13; Municipal Home Rule I.aw 12) Totaf membership. The total voting power of a legislative body. (Municipal Ham Rule Law, 1120.40)