HomeMy WebLinkAboutCPF Extension PROPOSITION NO.
For Submission to the Electors of the
Town of Southold
At the next general election to be held on
November 8, 2016
"Shall a Local Law entitled, 'A LOCAL LAW amending Southold Town Code Chapter 17
Community Preservation Fund to (i) extend the effective date of the Community
Preservation Fund Real Estate Transfer Tax until December 31, 2050, and (ii) authorize the
use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality
improvement projects,' BE APPROVED?"
ABSTRACT OF PROPOSITION
The purpose of this local law is to implement the authority delegated by the State to the
Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law
would permit the Town to use up to 20% of the Community Preservation Fund's annual
revenues to undertake water quality improvement projects, as defined herein, in order to
preserve community character by improving water quality. The Town would use the prior
calendar year's revenue to determine the maximum amount available for water quality
improvement project allocations pursuant to the state-mandated limit of up to 20%.
Projects eligible for funding include: (1) wastewater treatment improvement projects, (2)
non-point source abatement and control program projects developed pursuant to section
11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal
Zone Management Act, or Article 42 of the Executive Law, (3) aquatic habitat restoration
projects, (4) pollution prevention projects, and (5) the operation of the Peconic Bay National
Estuary Program, as designated by the United State Environmental Protection Agency.
Importantly, no monies from the fund may be expended for a water quality improvement
project unless such project has first been certified by the Town Board via Town Board
resolution, and in accordance with the Community Preservation Fund Project Plan, which
addresses water quality improvement projects. A draft of this plan is available for public
review and inspection in the Town Clerk's Office, or on the Town's website at:
_htt �Jww.southoldtowni ccLov.
In connection with these amendments, the Community Preservation Fund real estate
transfer tax is proposed to be extended from December 31, 2030, to December 31, 2050.
This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home
Rule Law, as provided for by Chapter 551 of the Laws of 2015.
Financial Impact:
None, see resolution text.
RESOLUTION 2016-763
ADOPTED DOC ID: 12186
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-763 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 23,2016:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 26th day of July, 2016, a Local Law entitled "A Local Law to
consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i)
extend the effective date of the Community Preservation Fund Real Estate Transfer Tax,
imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii)
authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for
water quality improvement projects" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, NOW
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17
(Community Preservation Fund) to (i) extend the effective date of the Community
Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State
Tax Law, until December 31,2050, and (ii) authorize the use of a portion of the
Community Preservation Fund, not to exceed 20%, for water quality improvement
projects" reads as follows:
LOCAL LAW NO. 8 OF 2016
A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community
Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real
Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31,
2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed
20%, for water quality improvement projects.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
SECTION 1. Amendment.
The Southold Town Code is hereby amended by adding the underlined words as follows:
ARTICLE V
Water Quality Improvement
$17-41. Purpose.
A. The purpose of this Article shall be to implement the authority delegatedy the State to
the Town of Southold to Chapter 551 of the Laws of 2015.
B. Specifically, this Article shall permit the Town to use up to 20% of the Community
Resolution 2016-763 Board Meeting of August 23, 2016
Preservation Fund's annual revenues to undertake water quality improvement projects, as
defined herein in order to preserve community character by improving,water quality. The
Town shall use the prior calendar's year revenue to determine the maximum amount
available for water quality improvement project t allocations pursuant to the state-mandated
limit of up to 20%.
C Projects eligible for funding shall include: (1) wastewater treatment improvement projects,
(2)non-point source abatement and control program projects developed pursuant to section
11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal
Zone Management Act, or Article 42 of the Executive Law, (3) aquatic habitat restoration
projects (4) pollution prevention projects and () the operation of the Peconic Bay National
Estuary Program, as designated by the United State Environmental Protection Agency.
D Eligible projects shall also include those undertaken by the Town through a watershed
protection improvement district created pursuant to Article 12 or 12-A of Town Law.
E No monies from the fund shall be expended for a water quality improvement project by
the Town unless such project has first been certified by the Town Board pursuant to §17-45
herein.
17-42. Authority.
Pursuant to Chapter 551 of the Laws of 2015 the Town Board is hereby authorized to utilize
revenues from the Community Preservation Fund to implement water quality improvement
projects in accordance with a plan to preserve community character, pursuant to Article III of
this Chapter. A maximum of twenty (20)percent of the Fund's annual revenues may be utilized
for the implementation of water quality improvement projects, provided that where such water
quality improvement funds are utilized for the operation of the Peconic Bay National Estuary
Program, the use of such funds shall only be utilized to match federal state county, or other
public or private funds on a dollar for dollar basis not to exceed ten(10)percent of the annual
amount appropriated for water quality improvement projects.
17-43. Definitions.
As used in this article the following_words and terms shall have the following meanings:
AQUATIC HABITAT RESTORATION PROJECT - planning_ design, construction,
management maintenance monitoring, reconstruction, revitalization, or rejuvenation activities
intended to improve waters of the state of ecological significance or any part thereof, including,
but not limited to, ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and shorelines
thereof, to support a spawning, nursery, wintering, migratory, nesting, breeding, feeding, or
foraging g environment for fish and wildlife and other biota.
POLLUTION PREVENTION PROJECT - planning design, construction, improvement,
maintenance or acquisition of facilities, production processes, equipment or buildings owned or
operated by municipalities for the reduction, avoidance, or elimination of the use of toxic or
hazardous substances, or the generation of such substances or pollutants so as to reduce risks to
public health or the environment, including changes in production processes or raw materials.
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Resolution 2016-763 Board Meeting of August 23, 2016
Such projects shall not include incineration transfer from one medium of release or discharge to
another medium off-site or out-of-production recycling, end-of-pipe treatment, or pollution
control.
REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan
adopted pursuant to state or federal law, which has as its purpose the improvement of water
quality in all or part of the Peconic Bay region including but not limited to, (i) the
comprehensive conservation and management plan(CCMP) for the Peconic Estuary Program
pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water Act(P.L. 92- 500),
(ii) the Comprehensive Conservation and Management Plan(CCMP) for the Long Island Sound
Estuary Program pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water
Act (P.L. 92-500) (iii) the South Shore Estuary Reserve Comprehensive Management Plan,
pursuant to 46 of the Executive Law, and (iv)the Long Island Nitrogen Management and
Mitigation Plan pursuant to Chapter 53 of the Laws of 2015, including any amendments or
updates to such plans.
STORMWATER COLLECTING SYSTEM - systems of conduits and all other construction,
devices and appliances appurtenant thereto designed and used to collect and carry stormwater
and surface water, street wash and other wash and drainage waters to a point source for
discharge.
VESSEL PUMPOUT STATION -the planning design acquisition or construction activities in
furtherance of a permanent or portable device capable of removing human sewage from a marine
holdingtank.
ank.
WATER QUALITY IMPROVEMENT PROJECT - (i) wastewater treatment improvement
projects (ii) non-point source abatement and control program projects developed pursuant to
section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal
Coastal Zone Management Act or Article 42 of the Executive Law, (iii) aquatic habitat
restoration projects, (iv) pollution prevention projects and (v)the operation of the Peconic Bay
National Estuary Program as designated by the United State Environmental Protection Agency.
Such projects shall have as their purpose the improvement of existingwer quality to meet
existing specific water quality standards. Projects which have as a primary purpose to permit or
accommodate new growth shall not be included within this definition.
WASTEWATER TREATMENT IMPROVEMENT PROJECT -the planning design,
construction acquisition enlargement, extension, or alteration of a wastewater treatment facility,
including alternative systems to a sewage treatment plant or traditional septic system, to treat,
neutralize, stabilize, eliminate or partially eliminate sewage or reduce pollutants in treatment
facility effluent, including permanent or pilot demonstration wastewater treatment projects, or
equipment or furnishings thereof. An incentive or rebate program established by the Town Board
for the Lipgrade of existing septic systems or cesspools shall constitute an eligible project within
the definition of a wastewater treatment improvement project. Stormwater collecting systems and
vessel pumpout stations shall also be included within the definition of a wastewater improvement
project.
17-44. Community Preservation Fund Project Plan.
Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 3
Resolution 2016-763 Board Meeting of August 23, 2016
A. Preservation of community character shall include the protection and improvement of the
quality of all water resources.
B. Before any revenues from the Community Preservation Fund may be spent on water
quality improvement projects as defined in this Article, all such projects shall first be
approved by the Town Board as part of the Community Preservation Fund Project Plan,
adopted pursuant to §64-e of Town Law and Article II of Chapter 17 herein.
C. Said plan shall prioritize each project to be undertaken pursuant to this Article. In setting
such priorities,the Town Board shall consider the most prevalent pollutants affecting water
quality in the Town and which projects will maximize the removal of such pollutants in the
most cost effective manner. The plan shall provide a detailed written elaboration for the cost
benefits in settingsuch uch priorities on a project by project basis.
D. Said plan shall list every water quality improvement project which the Town plans to
undertake pursuant to the Community Preservation Fund, and shall state how such project
will improve existing water quality, and the estimated maximum cost of such project.
E. The proposed water quality improvement project shall be for the planning, design,or
implementation of a capital project with a probable useful life of at least five (5) years,
pursuant to the state local finance law.
F. The proposed water quality improvement project shall be consistent with one or more
regional water quality improvement plans.
G. Such projects shall advance measurable water quality improvement for the Peconic Bay
region.
H. Such projects shall comply with specific existing or proposed state or regional water
quality standards or targets.
I. In the case of aquatic habitat restoration projects, the project shall promote aquatic habitat
restoration.
J. In the case of pollution prevention projects, the project shall reduce, avoid, and/or
eliminate the use of toxic or hazardous substances, or the generation of such substances.
K. Projects which have as their purpose and effect the accommodation of new growth as
opposed to the remediation of water quality, shall not qualify for funding under this Article.
17-45. Certification.
A. No monies from the Community Preservation Fund shall be expended for a water quality
improvement project by the Town unless such project has first been certified by the Town
Board, by resolution, pursuant to this Article.
B. In making such certification, the Town Board shall find as follows:
Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 4
Resolution 2016-763 Board Meeting of August 23, 2016
1. The proposed water quality improvement project is for the planning;, design, or
implementation of a capital project with a probable useful life of at least five (5)
years, pursuant to the state local finance law;
2. The proposed water quality improvement project is consistent with one or more
regional water quality improvement1p ans;
3. Such project advances measurable water quality improvement for the Peconic Bay
Region;
4. Such project complies with specific existing or proposed state or regional water
ug ality standards or targets;
5. In the case of aquatic habitat restoration projects,the project will promote aquatic
habitat restoration; and
6. In the case of pollution prevention projects, the projects will reduce, avoid, and/or
eliminate the use of toxic or hazardous substances, or the generation of such
substances.
C. The Town Board shall not certify projects which accommodate new or additionalrg owth.
17-46. WateQuality Advisory Committee.
A. A Water Quality Advisory Committee shall be established pursuant to Town Board
resolution to review and make recommendations on proposed water quality improvement
projects using monies from the Fund.
B. Such Committee shall consist of(five or seven) members who shall be residents of the
Town and who shall serve without compensation. No member of the Town Board shall serve
on said Committee, nor shall any member have a direct interest in any project for which
funding is sought.
C. The members shall include individuals with demonstrated expertise in water quality
issues, estuarine science, civil engineering, shellfish restoration, or similar relevant
credentials.
D. The responsibilities of such Committee may include, but not be limited to, assistingin n the
development of the project plan, drafting requests for proposals to implement water quality
improvement projects, reviewing and prioritizing proposed projects, and offering such further
advice and recommendations as the Town Board may specify and deem necessary.
SECTION 2. Amendment.
Town Code §17-40 is hereby amended by deleting the stricken words and adding the underlined
words as follows:
ARTICLE IV
Two Percent Real Estate Transfer Tax
§17-40. Effective Date, Referendum Requirement.
This article is subject to a mandatory re(:erendum as set forth.in § 1449-bb of.Article 31-D of-'the
Tax Law. This article shall take effect on Mafeh-1,44W, after the approval at the general
election to be held.on November H, 2016, by the affirmative vote of a majority of the qualified
Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 5
Resolution 2016-763 Board Meeting of August 23, 2016
electors of the Town of Southold and filing with the Secretary of State; and provided.further that
the real estate transfer tax imposed by this art ele Local Laws No. 8-2002 of 2002 and No. 14-
2006 of 2006 shall expire and be deemed repealed as to any conveyance taking place after
December 31, 283.0 2050.
SECTION 3. Mandatory Referendum.
This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule
Law, as provided for by Chapter 551 of the Laws of 2015.
SECTION 4. Ballot Proposition.
Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law, the
following proposition shall be placed before the electors of the Town of Southold at the general
election to be held on Tuesday,November 8, 2016:
"Shall a Local Law entitled, `A LOCAL LAW amending Southold Town Code Chapter 17
(Community Preservation Fund) to (i) extend the effective date of the Community
Preservation Fund Real Estate Transfer Tax until December 31,2050, and (ii) authorize
the use of a portion of the Community Preservation Fund, not to exceed 20%, for water
quality improvement projects,' BE APPROVED?"
SECTION 5. Authority.
The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and
(12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law §64- e.
SECTION 6. Severability.
If any section or subsection, paragraph, clause, phrase, or provision(s) of this law shall be judged
invalid or held unconstitutional by any court of competent jurisdiction, any judgment made
thereby shall not affect the validity of this law as a whole or any part thereof other than the part
or provision so adjudged to be invalid or unconstitutional.
SECTION 7. Effective Date.
This local law shall take effect upon filing with the Secretary of State and upon approval at the
general election to be held on November 8, 2016, by the affirmative vote of the qualified electors
of the Town of Southold upon the proposition set forth in Section 4 of this local law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell
ABSENT: William P. Ruland
Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 6
Multinational Translating Service
P.O. Box 242
MTS Islip Terrace, NY 11752-0037
TRANSLATIONS
CERTIFICATION
This is to certify that the information in the attached translated document
entitled, "Proposition No.", prepared on behalf of Town of Southold, is true
and correct. The document was originally translated from English to
Spanish on September 6, 2016 by Ms. Rosario Perez, Translator ID# 1088.
Ms. Perez is certified to translate English to Spanish, and is a registered
translator with Multinational Translating Service.
Note: This translation is not valid without an MTS embossed seal on all 3
pages.
Signed:..__ . -
Karen A. Miller, Partner ,y
Multinational Translating Service, NY
ATA Corporate Member No. 224738
County of Suffolk )
SS:
State of New York)
Sworn to before me this 11th day of October, 2016
Notary Public:
KEFM R MILLER
CC" ,.AXP
Phone: 631-581-8956 - Toll-free: 800-864-5069 - Fax: 631-224-9435
E-mail: info@mtsinc.us - URL: www.mtsinc.us ;
TRANSLATION FROM ENGLISH TO SPANISH
PROPUESTA NO.
Para presentar a los electores de
la ciudad de Southold
En la pr6xima elecci6n general que se
celebrar6n el 8 de noviembre de 2016
LDeber6 APROBARSE una ley local intitulada <UNA LEY LOCAL que enmienda el C6digo
Municipal de Southold Capitulo 17 Fondo de Conservaci6n de la Comunidad para (i)
prorrogar la fecha efectiva de la Transferencia del Impuesto Inmobiliario del Fondo de
Conservaci6n de la Comunidad al 31 de diciembre de 2050, y autorizar el use de una
parte del Fondo de Conservaci6n de la Comunidad que no exceda del 20%, para
proyectos de mejora de la calidad del agua?
RESUMEN DE LA PROPUESTA
EI prop6sito de esta ley local es poner en marcha la autorizaci6n delegada por el Estado a
la Ciudad de Southold de conformidad con el Capitulo 551 de las leyes de 2015.
Especificamente, esta ley local permitiria al pueblo usar hasta el 20% de los ingresos
anuales del Fondo de Conservaci6n de la Comunidad para emprender proyectos de
mejoramiento de la calidad del agua, tomo se define aqui, para conservar el car6cter de
la comunidad mejorando la calidad del agua. La Ciudad usaria el ingreso del ano
calendario previo para determinar la cantidad m6xima disponible para asignaciones al
proyecto de mejoramiento de la calidad del agua, de conformidad con el limite del 20%
exigido por el estado.
Los proyectos elegibles para ser financiados incluyen: (1) proyectos de mejoramiento
tratamiento de aguas residuales, (2) proyectos del programa de reduction y control de la
contaminaci6n proveniente de fuentes no puntuales desarrollados de conformidad con la
secci6n 11-b de la Ley de Distritos de Conservaci6n de Suelo y Agua, secci6n 1455b de la
Ley Federal de Administraci6n de Zonas Costeras, o el Articulo 42 de la Ley Ejecutiva, (3)
proyectos de restauraci6n del h6bitat acu6tico, (4) proyectos de prevenci6n de la
contaminaci6n, y (5) la gesti6n del Programa Nacional de Estuarios de la Bahia de
Peconic, seg6n to designado por la Agencia de Protecci6n Ambiental de los Estados
Unidos.
Es importante destacar, que ning6n dinero del fondo puede gastarse para un proyecto de
mejoramiento de la calidad del agua a menos que dicho proyecto hays sido primero
certificado por la Junta Municipal mediante una resoluci6n de Junta Municipal, y conforme
con el Plan del Proyecto del Fondo de Conservaci6n de la Comunidad, que considers
proyectos de mejoramiento de la calidad del agua. Una versi6n preliminar de este plan
est6 disponible para su inspecci6n y revisi6n p6blica en la Oficina del Secretario Municipal,
o en sitio web municipal en:
Con relaci6n a estas enmiendas, se propone prorrogar la Transferencia del Impuesto
Inmobiliario del Fondo de Conservaci6n de la Comunidad de diciembre 31 de 2030, a
diciembre 31 de 2050.
Esta ley local est6 sujeta a un referendum obligatorio de conformidad con al §23(1) de la
Ley de Gobierno Aut6nomo, comp to dispose el Capitulo 551 de las leyes de 2015.
Impacto financiero:
Ninguno, vea el texto de la resoluci6n.
Prepared by Multinational i ranslating service,Ny-wvnv.rntsinc.us
l'ran slated from the source document on September 6,2016
By, Ms,Rosario Perez,rranslator IN'1088
Certification and copy d source document aitached
All 3 pages in this notarized,cortifled package bear MTS embossed seals