On the motion of Trustee Maline and seconded by Trustee Smith the following resolution was unanimously approved.
RESOLUTION 2019 – 106 ~ LIPA
RESOLUTION URGING THE NEW YORK STATE LEGISLATURE AND GOVERNOR TO ENACT LEGISLATION AND APPROPRIATE FUNDNG TO PROTECT TAXPAYERS IN THE VILLAGE OF NORTHPORT AND THE NORTHPORT-EAST NORTHPORT SCHOOL DISTRICT AGAINST THE PENDING TAX CERTIORARI CHALLENGES BROUGHT BY THE LONG ISLAND POWER AUTHORITY AND NATIONAL GRID GENERATION, LLC.
WHEREAS, the Long Island Power Authority (“LIPA”) and National Grid Generation, LLC (“National Grid”) have filed a series of tax certiorari actions against the Town of Huntington, the Assessor of the Town of Huntington, and the Board of Assessment Review in the Town of Huntington alleging that the assessment of the Northport Power Plant is improper and excessive; and
WHEREAS, an adverse judgment of the magnitude of the magnitude sought by LIPA and National Grid would have devastating consequences for tax payers in the Village of Northport, particularly as it relates to the Northport-East Northport School District; and
WHEREAS, legislature action by the New York State Legislature could help to ameliorate the impacts of a settlement or adverse judgment in these tax certiorari actions; and
WHEREAS, urging the State to enact legislation and supporting the current lawsuit is not an action as defined by SEQRA in 6 N.Y.C.R.R. Section 617.2(b) and, therefore no further SEQRA review is required.
THE NORTHPORT VILLAGE BOARD, hereby supports the Town of Huntington and Northport East Northport School District in its efforts and determination in defense of the current tax certiorari litigation currently pending in Supreme Court State of New York, County of Suffolk and the third-party beneficiary contract action currently pending before the Appellate Division, Second Department.
THE NORTHPORT VILLAGE BOARD, urges the New York State Legislature and Governor to enact the following legislation to mitigate the impacts of a settlement or adverse judgment in the above-referenced tax certiorari actions:
1. To support Senate Bill S51221 introduced by Senators James Gaughran and Senator John Flanagan and its companion Bill in the Assembly A07786 an act to amend Section 1020-q of the Public Authorities Law which would limit the remedies available to Long Island Power Authority and third party power producers, when bringing tax certiorari challenges by prohibiting relief in the form of repayment of all or part of the taxes assessed against the Northport Power Plant, transmission line or substation from a prior year.
2. To amend existing State Law to permit the Town of Huntington and the Northport East Northport School District to access the Electric Generating Facility Cessation Mitigation Fund in the event of a successful tax certiorari challenge in the above referenced proceedings or an agreed upon settlement.
3. To amend existing State Law to increase the money available to local government entities under the Electric Generating Cessation Mitigation Fund; To amend the 2019 fiscal year enacted budget to ensure that the Electric Generation Facility Cessation Mitigation Fund is fully funded; and Include funding in the 2020 year budget, as well as successive budgets, to ensure that the Electric Generation Facility Cessation Mitigation Fund is fully funded.
The Northport Village Board hereby directs, the Village Clerk to send certified copies of this resolution to Governor Andrew Cuomo, Senate Majority Leader Andrea Stewart-Cousins, Senate Minority Leader John Flanagan, Assembly Speaker Carl E. Heastie, Assembly Minority Leader Brian Kolb, Senator James Gaughran, Assemblyman Andrew Raia and Assemblyman Steve Stern.