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Resolution Supporting Community Preservation Act Finds No Support in Committee
Legislator Tamagna alone to bring resolution before full County Legislature
by Margaret Sternberg
A resolution to support the Community Preservation Act not only found no support during the May 16, 2006 meeting of the County Legislature's Land Acquisition and Watershed Committee, the rationale for County support of the act was called into question by Deputy County Executive Frank Del Campo.
The resolution to support the act was introduced by Legislator Vinny Tamagna, a staunch supporter of the environment and conservation measures.
The original, NYS Senate-sponsored bill itself authorizes towns to establish community preservation funds and authorizes towns to impose a one-time real estate transfer tax on house sales, the revenues from which would be deposited in a dedicated community preservation fund. The resolution introduced by Tamagna would notify various state representatives of county support for the Senate bill. Legislator MaryEllen O'Dell noted the similarity to a Yonkers tax that had been nicknamed the "hostage tax" and that had been whittled down since enactment because of public anger.
Del Campo expressed concern that elderly residents would be hurt when they "sell their only asset...that they've saved up for their whole life..." to move. He asked whether the County wanted to support something that "may hurt many of the residents." Tamagna said that the resolution, if passed, gives towns an opportunity to impose the tax if they choose, to which Del Campo said his interpretation differed, explaining that he viewed the action as "memorializing something then sending it forward that may...be detrimental to some of the residents."
Tamagna said the resolution would "allow people the ability to make their own choice on whether they support the initiative" because each town in Putnam County would hold a referendum on whether to impose the tax on residents who sell their home.
Legislator Tony Hay did not understand "why the County had to have its name on it," also asking how it benefits the County. Legislature Chairman Dan Birmingham, sitting in on the meeting in an ex-officio capacity, explained the action would only be a memorialization of the resolution, indicating on-record, County support of the proposed law. However, Birmingham said the County would no longer be involved in the process once the measure passed in the NYS Senate.
Because the resolution did not receive a "second" in committee to allow it to be voted on by the committee, Legislator Tamagna said he would bring the resolution for a vote by the full Legislature.
In other business, former legislator Arne Nordstrom made an appearance before the committee as Supervisor of the Town of Kent in order to discuss the Kent Stormwater Project.
Nordstrom's concern was based upon an agreement with County Executive Robert Bondi in which Bondi had agreed the County would subsidize half of the cost of Kent's Stormwater Project. According to Nordstrom, Bondi had said the County would match Kent's financing up to 50 percent. However, Kent subsequently received a $245,000 grant from the state for the project and, according to Nordstrom, Bondi then modified the proposal so that the County would pay the 50 percent financing of the project after the $245,000 grant had been deducted. Nordstrom maintained the County has an obligation to fund the project based upon the original agreement and not, in effect, "penalize" the Town for having been successful in securing the grant.
Chairman Tamagna said that one of the problems was that the County had allocated more money for the care of the watershed and stormwater work than had been given by New York City in East of Hudson funds and had few discretionary funds left to allocate. He also said it was not fair to give the monies to Kent when other towns might also need funds.
He suggested that because of Kent's location in the New York City Watershed and the heightened environmental requirements that pertain as well as that 40 percent of the 6,000 acres comprising Kent are owned by New York City, the County should negotiate with New York City for additional monies. Tamagna also suggested that George Rodenhausen, outside Counsel for the Legislature on Watershed Matters, be contacted for assistance in the negotiation.
Dovetailing on the Kent Stormwater Project Discussion, the Committee passed a resolution in which a request was made of the NYS Legislature and Governor Pataki to create a special funding source for funding the Municipal Separate Storm Sewer Systems ("MS4") initiative that would remove costs of the program from the individual counties and their municipal governments.
The committee also heard an update from Superintendent of Parks Chris Ruthven on Tilly Foster Farm and the Request for Proposal ("RFP") to run the equestrian center.
Ruthven said three of the seven proposals seemed promising and that the advisory board planned to meet with each respondent individually to review the infrastructure of Tilly Foster Farm, get more detail on each plan as well as have each answer questions prepared by the advisory board.
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