The County Executive and/or his designee(s) are hereby authorized,
empowered and directed to take all steps necessary to create and cause
the incorporation of a not-for-profit Wireless Suffolk County Local
Development Corporation (WSCLDC) in compliance with § 1411
of the New York Not-For-Profit Corporation Law.
The County Legislature may by resolution determine that specifically
described real property owned by the County is not required for use
by the County and authorize the County to sell or lease such real
property to the WSCLDC, provided that a public hearing is held prior
to such authorization being granted and that title to such land may
not be declared inalienable as a forest preserve or a parkland. Notwithstanding
the provisions of any general, special or local law, charter or ordinance
to the contrary, such sale or lease may be made:
B. Without public notice (with the exception of a public hearing held
by the Legislature to consider the proposed sale) or public bidding
for such price or rental and upon such terms as may be agreed upon
between the County and the WSCLDC; provided, however, that in case
of a lease the term may not exceed 99 years.
In addition to the requirements set forth in § 402
of the New York Not-For-Profit Corporation Law for certificates of
incorporation, the certificate of incorporation of the WSCLDC shall
state:
A. That all income and earnings of the WSCLDC shall be used exclusively
for its corporate purposes or accrue and be paid to the New York Job
Development Authority;
B. That no part of the income or earnings of the WSCLDC shall inure
to the benefit or profit of, nor shall any distribution of its property
or assets be made to, any member or private person, corporate or individual,
or any other private interest, except that the certificate of incorporation
may authorize the repayment of loans and may also authorize the repayment
of contributions (other than dues) to the WSCLDC, but only if and
to the extent that any such contribution may not be allowable as a
deduction in computing taxable income under the Internal Revenue Code
of 1954;
C. That if the WSCLDC accepts a mortgage loan or loans from the New
York Job Development Authority, the WSCLDC shall be dissolved in accordance
with the provisions of New York Not-For-Profit Corporation Law § 1411,
Subdivision (g), upon the repayment or other discharge in full by
the WSCLDC of all such loans; and
D. The duration of the WSCLDC shall be for a period of 40 years as measured
from the date of incorporation.
[Amended 8-21-2007 by L.L. No. 26-2007]
[Amended 8-21-2007 by L.L. No. 26-2007]
The WSCLDC shall have five Directors appointed as follows:
A. Three Directors shall be appointed by the County Legislature as follows:
(1) One Director shall be appointed by the Presiding Officer of the Suffolk
County Legislature for a term of three years.
(2) One Director shall be jointly appointed by the Presiding Officer
of the Suffolk County Legislature and the Suffolk County Executive
for a term of three years.
(3) One Director shall be appointed by the Minority Leader of the County
Legislature for a term of three years, measured by the political party
having the second highest number of Suffolk County Legislators affiliated
with said party.
B. Two Directors shall be appointed by the Suffolk County Executive
for terms of three years.
The WSCLDC shall be a Type C corporation whose income and operations
shall be tax exempt.
The Suffolk County Department of Information Technology shall
assist the WSCLDC in implementing and carrying out the policies and
programs approved by the WSCLDC's Board of Directors.
This article shall apply to any actions occurring on or after
the effective date of this article.