Creates the Eastchester creek intermunicipal economic revitalization agency.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Little
BILL NUMBER:S4461A REVISED 4/8/13
TITLE OF BILL: An act to amend the general municipal law and the tax law, in relation to creating the Eastchester creek intermunicipal economic revitalization agency; and to repeal certain provisions of the general municipal law relating thereto
PURPOSE OR GENERAL IDEA OF BILL: To improve opportunities for economic growth along Eastchester Creek for lands that lie both in the City of Mount Vernon and the Village of Pelham Manor. This bill establishes a intermunicipal economic revitalization agency so that the City of Mount Vernon and Village of Pelham Manor can, in a cooperative manner, jointly develop the parcels of land within such zone for the mutual benefit of both municipalities.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new Title 119 to Article 15-B of the General Municipal. Law which adds a new Section 680-f, entitled Eastchester Creek intermunicipal economic revitalization agency. This new intermunicipal economic revitalization agency is hereby established to create a mechanism so that the City of Mount Vernon and Village of Pelham Manor can cooperate in the development of lands contained within both municipalities that border the Eastchester Creek. For these parcels of land, the sum of the parts in developing such area will be greater than the parts if developed separately. Further, both municipalities will be able to share in the additional tax revenue generated by such development.
Section 2: Adds a new Tax Law section 1210-f Sales and compensation use tax for purpose of the Eastchester Creek intermunicipal economic revitalization area.
JUSTIFICATION: The City of Mt. Vernon and the Village of Pelham Manor recognize the mutual benefit to be derived from improving the opportunity for economic growth along Eastchester Creek, their shared border. Pelham Manor has already demonstrated that there is market support for commercial redevelopment in this area. In the past five years, two new shopping centers have been established in what was formerly an industrial zone on the Pelham Manor side of the Creek. This new commercial activity has created nearly one thousand new jobs, generated significant economic activity, and drawn thousands of new shoppers to Pelham Manor.
The purpose of establishing the Eastchester Creek intermunicipal Economic Revitalization Agency is to create a vehicle for the city of Mt. Vernon and the Village of Pelham Manor to co-operatively redevelop commercial properties along and near the Eastchester Creek and increase economic activity in this new intermunicipal district. This measure will help to facilitate the financing of a $500,000 master plan for the City of Mt. Vernon. Such a Master Plan shall help to identify environmentally challenged sites, determine potential mitigation needs, and identify other activities required to foster redevelopment in its part of the district. This cooperative arrangement and Master Plan should help to carry the job creation momentum already started in Pelham Manor's former industrial zone across Eastchester Creek into Mount Vernon. Further, it should help to
eliminate the competitive disadvantage to Mt. Vernon businesses by equalizing the sales tax rate across the intermunicipal district and help to create the conditions necessary to help reclaim the lower Hutchinson River/upper Eastchester Creek as a waterway for natural habitat and recreation. This bill was revised to make technical changes to properly number the provision of this act.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4461--A 2013-2014 Regular Sessions IN SENATE April 3, 2013 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the tax law, in relation to creating the Eastchester creek intermunicipal economic revitaliza- tion agency; and to repeal certain provisions of the general municipal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Title 119 of article 15-B of the general municipal law is REPEALED and a new title 119 is added to read as follows: TITLE 119 EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY SECTION 680-F. EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY. S 680-F. EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY. (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE OF PELHAM MANOR AND THE INHABITANTS THEREOF, A COMMUNITY DEVELOPMENT AGENCY, TO BE KNOWN AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY, IS HEREBY ESTABLISHED FOR THE ACCOMPLISHMENT OF ANY OR ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER. IT SHALL CONSTITUTE A BODY CORPORATE AND POLITIC, AND BE PERPETUAL IN DURATION. IT SHALL HAVE THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER UPON COMMUNITY DEVELOPMENT AGENCIES AND PROVIDED THAT THE EXERCISE OF THE POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL PROP- ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVI- TALIZATION AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE LOCALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09932-03-3 S. 4461--A 2
ZONING AND PLANNING REGULATIONS AS WELL AS THE REGIONAL AND LOCAL COMPREHENSIVE LAND USE PLANS IN ANY ACTIONS THEY TAKE. IT SHALL BE ORGANIZED IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER. ITS MEMBERS SHALL CONSIST OF THE MAYOR OF THE CITY OF MOUNT VERNON AND THE MAYOR OF THE VILLAGE OF PELHAM MANOR. THE AGENCY, ITS MEMBERS AND OFFICERS AND ITS OPERATIONS AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE PROVISIONS OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER. PROVIDED, HOWEVER, THAT THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZA- TION AGENCY SHALL DEFER TO THE RESPECTIVE VILLAGE OR CITY ON ZONING AND LAND USE LAWS AND DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES. (B) THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA SHALL CONSIST OF (I) THAT PORTION OF THE CITY OF MOUNT VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE, WHICH IS BOUNDED BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW YORK ON THE SOUTH, SOUTH THIRD AVENUE ON THE WEST AND THE HUTCHINSON RIVER (EASTCHESTER CREEK OR CANAL) ON THE EAST, AND (II) THAT PORTION OF THE VILLAGE OF PELHAM MANOR, TRIANGULAR IN SHAPE, WHICH IS BOUNDED BY THE HUTCHINSON RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE HUTCHIN- SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH. S 2. The tax law is amended by adding a new section 1210-f to read as follows: S 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES- TER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR THE PURPOSE OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU- NICIPAL ECONOMIC REVITALIZATION AREA, THE VILLAGE OF PELHAM MANOR IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS, ORDI- NANCES OR RESOLUTIONS IMPOSING WITHIN THE TERRITORIAL LIMITS OF THAT PORTION OF THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA ADDITIONAL SALES AND COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL- IZE THE RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH TAXES IN THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION PROVISIONS AND THE PROVISIONS RELATING TO THE ADMINISTRATION, COLLECTION AND DISTRIB- UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR- IZED BY THIS SECTION IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN FULL IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE TAXES AUTHORIZED BY THIS SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXI- MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART IV OF THIS ARTICLE, RELATING TO THE DISPOSITION OF REVENUES RESULTING FROM TAXES COLLECTED AND ADMINISTERED BY THE COMMISSIONER, THE ADDI- TIONAL SALES AND COMPENSATING USE TAXES AUTHORIZED BY THIS SECTION IMPOSED UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS SUBPART AND ALL PROVISIONS RELATING TO THE DEPOSIT, ADMINISTRATION AND DISPOSITION OF TAXES, PENALTIES AND INTEREST RELATING TO TAXES IMPOSED BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS SUBPART SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, APPLY TO THE ADDITIONAL SALES AND COMPENSATING USE TAXES AUTHORIZED BY THIS SECTION, PROVIDED, HOWEVER, THAT ALL TAXES, PENALTIES AND INTEREST IMPOSED BY THE VILLAGE OF PELHAM MANOR UNDER THE AUTHORITY OF THIS SECTION WHICH ARE COLLECTED BY THE COMMISSIONER SHALL BE DEPOSITED AS PROVIDED IN SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE, SHALL BE HELD IN TRUST BY THE COMPTROLLER FOR THE BENEFIT OF THE VILLAGE OFS. 4461--A 3
PELHAM MANOR AS PROVIDED THEREIN AND, AFTER RESERVING SUCH REFUND FUND AND SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE APPRO- PRIATE FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME MANNER AS IS PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF THE OTHER TAXING JURISDICTIONS PROVIDED FOR THEREIN. S 3. This act shall take effect immediately.