|
Legislature Passes Resolution in Early Step on Transfer Fee on Home Sales Towns must hold referendum before imposing fee
by Margaret Sternberg
At its June 5, 2007 meeting, the Putnam County Legislature passed a resolution that paves the way for towns in the County to impose a transfer tax on home sales.
The Hudson Valley Community Preservation Act of 2007 still must be approved by the legislatures of Westchester and Rockland Counties before going to the state senate for approval and then being signed into law by the governor.
If enacted, the law gives local communities the option of imposing a transfer tax of up to 2 percent on sales of homes within their boundaries. Imposition of the tax could only occur through approval by voters in a referendum. The tax would be paid by the buyer of a home.
Within its provisions, the law authorizes the government of a community to establish by local law a community preservation fund into which the transfer tax funds would be deposited. The community government must create an advisory board of either five or seven residents which would review and make recommendations on proposed acquisitions of real property using monies from the fund. Members of the local "legislative body" are precluded from serving on the advisory board.
State Senator Vincent L. Leibell, sponsor of the law, said the law represents a "major effort to protect the environment for future generations; what others have loved and enjoyed will remain unspoiled…"
Senator Leibell credited communities in Long Island with the origin of the idea, which he adapted for the areas he represents.
The current form of the bill is a major change from an earlier version in which the transfer fee would have been imposed upon the seller. Senator Leibell said that after discussions with, among others, former Putnam County Deputy Executive Frank Del Campo, who had expressed concerns that a tax on retirees' homes, which are most retirees' main asset, would be detrimental to people who were on a fixed income, the tax was changed to be paid by the buyer.
When asked how he thought the tax would affect home sales, Senator Leibell addressed the purpose of the Bill itself, saying that the preservation of the environment would be beneficial, increasing the desirability of homes in areas with open space, scenic views, parks and recreation.
Senator Leibell is hopeful the Bill will be enacted by January 1, 2008.
In other business, the resolution engendering most discussion that evening was one requiring that approximately $63,000 in funds specifically earmarked for outside counsel services be transferred from the sub-contingency fund and returned to the budget line from which they had been moved by the Legislature. The resolution had been placed on the agenda due to notification of the Audit Committee by County Attorney Carl Lodes that by originally transferring the monies from a budget line to the sub-contingency fund, the Legislature was in violation of the County Charter.
Section 7.07B of the County Charter provides that changes in the budget can only be made by the Legislature if the County Executive notifies the Legislature that revenues will be insufficient for the fiscal year. The County Executive has said he does not feel that there will be insufficient revenues to cover expenses for the current budget year. With two legislators absent and Legislators Vinny Tamagna, Tony Hay and Mary Conklin voting against the resolution, the resolution was defeated.
The discussion then segued to monies allotted for outside counsel, and a debate arose over whether the County Attorney or Deputy County Attorney should also be permitted to practice law privately concurrent with having a full-time job with the County. Legislator Regina Morini suggested that any proscription against outside employment should be expanded to include commissioners or highly-paid department heads and that the wording of their employment should be the same as that of the County Executive "that if you work fulltime for the County, you work full-time for the County."
Further exploration of the issue is scheduled for the next Legislature Personnel Committee meeting, which Legislator Morini chairs.
In other resolutions passed that evening, the Legislature authorized the issuance of $357,000 in bonds to pay for the purchase of highway equipment. The posting of the Legislature's and legislative committee's Minutes to the Internet was also approved. The postings will consist of the meeting being called to order, attendance being taken and votes taken or decisions rendered with a summary of the discussion. Verbatim Minutes will be taken under specific circumstances. Minutes will be posted after approval by the Legislature or the respective legislative committee.
The Legislature passed an amended version of the law on "Child Safety Zones." Most of the changes reduced the distance from 2,500- to 1,000-feet that convicted sexual predators must stay away from areas where children are likely to be found. Although he said that he would have preferred to keep the distances at 2,500-feet, Legislator Hay said that he had made the changes based on feedback from residents and in an effort to keep the law from being challenged on constitutional grounds.
The July meeting of the Legislature will be posted on the PCN&R's website when it becomes available.
Providing local news, information and opinions from
Philipstown and Putnam Valley, NY
Encompassing the Villages of Cold Spring and Nelsonville,
and the hamlet of Garrison, Putnam County, NY.
This site is a publication of The Putnam County News and Recorder, the source for news and information of the Philipstown
and Putnam Valley area. The PCN&R is 139
years old, published in hard copy every Wednesday, and circulated throughout Putnam
County, NY.
The PCN&R prints LEGAL NOTICES
for: Putnam County, The Town of Philipstown, The Town of Putnam Valley, Village of Cold Spring, Village of
Nelsonville, the Haldane Union Free School District and the Garrison Union Free School
District.
Deadline for printed press releases, advertisements and classifieds is Monday at noon for
Wednesday publication. This site is updated on an as-needed basis with a minimum update
weekly on Thursdays. For further information or to request a subscription to the paper, please
contact us with your name and mailing address at:
(845) 265-2468 PO Box 185, Cold Spring, NY 10516, or e-mail us at editor@pcnr.com
If you see an advertiser on line, tell them! | 
