HomeMy WebLinkAboutTB-08/25/1998-SAUGUST 25, 1998
SPECIAL MEETING
SOUTHOLD TOWN BOARD
A Special Meeting of the Southold Town Board was held on August
25, 1998, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cechran opened the meeting at 9:00 A.M.
Present: Supervisor Jean W. Cechran
Councilwoman Alice J. Hussie
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
'Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Absent: Justice Louisa P. Evans
SUPERVISOR COCHRAN: This is a meeting of the Southold Town Board,
August 2S, 1998, for the purpose of passing four laws, which relate to the
Community Preservation Fund. I have to stop and think, because I always
want to say, 2%, that' is what we all know it as, and understand that it will
say 2% on the ballot, because they feel most people know it as the 2% Bill.
So, we have resolutions to pass. I guess we should stand and salute the
Flag. This is an official meeting. Please, join us in the Pledge of
Allegiance led by our Town Clerk Betty Neville. Resolution #17
Moved by Councilman Murphy, seconded by Councilman Hussie,
WHEREAS, the Town Board is considering the establishment, by local
laws, of a Community Preservation Fund for the Town of Southold,
Including the establishment of an Advisory Board, a Community Preservation
Project Plan and the Imposition of a real estate transfer tax subject to a
mandatory referendUm to fund the Community Preservation Fund for the
Town of Southold, Including the establishment of an Advisory Board, a
Community Preservation Project and the Imposition of a real estate transfer
tax subject to a mandatory referendum to fund the Community Preservation
Project Plan and ~the. imposition of a real estate transfer tax subject to 'a
mandatory'referendum to .fund the Community Development Fund; and
WHEREAS, the Town Board has determined that the proposed local laws
all work together, and, for SEQRA purposes should be reviewed together;
and
WHEREAS, the Town Board adopted a resolution on the 8th day of
July, 1998 determining the above referenced action to be a Type I action
under the State Environmental Quality Review Act; and
WHEREAS, the Town Board has conducted a lead agency coordinated
review and no other agencies have stated they they desire lead agency
status; ~
BE IT RESOLVED that the Town Board of the Town of Southold, acting
pursuant to the State Environmental Quality Review Act and 6 NYCRR 617
et seq. establishes and declares itself to be the Lead Agency.
Vote of the - Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cechran.
This resolution was duly ADOPTED.
AUGUST 25, 1998
2.-Moved by Councilwoman Hussie, seconded by Councilman Murphy,
WHEREAS, the Town Board is considering the establishment, by local
laws, of a Community Preservation Fund for the Town of Southold,
including the establishment of an Advisory Board, a Community Preservation
Project Plan and the Imposition of a real estate transfer tax subject to a
mandatory referendum to fund the Community Preservation Fund; and
WHEREAS, the Town Board if the Lead Agency.
WHEREAS, the Long Form Environmental Assessment Form Part I and II
has been. completed fo..r, this proposed action and the Criteria for
Determination of ~ Slgmflcance contained in 6 NYCRR Part 617.7
considered; and
WHEREAS, in compa, r!ng the. proposed action with SEQR Criteria for
Determination of Significance it is determined that the action Will not
change or destroy or Impair air, water or natural/open space resources, or
historic/archaeological resources in the Town of Southold;
'WHEREAS, it is determined the action will not significantly ~ncrease
traffic volumes, sold waste generation or impact on population patterns,
noise levels, or the use of energy and that the proposed action .will not
create a hazard to
establishment, .by Ioca! laws, of a
Community Preservation Advisory Board,
Plan and imposition of a 2%r Real Estate
and intended t.o .protect' and preserve the
commun!tyl resources, scenic vistas and historic places as
set forth Preservation Project Plan and Community
action is 'expected to result in beneficial,
ge-
IS~ Uires primary consideration of environmental
and
tate
ereb¥ issues
result in an overali benefit
,urces,
vi the
be it
as Lead Agency, ~ereby determines, for
the proposed act~iOn will not have a
environment and that a Draft~ ~nvironmental Impact
thuS the Town BOard, Pursuant to the
Act and 6 N¥CRR 617 et. seq.,
for this proposed action.
Councilman Murphy, Councilman
HUssie, Supervisor Cochran.
lulY ADOPTED.
Se'
:d by Superyisor Cochran,
to the Town Board of the Town of
r. of JL~ly, 1998, a Local Law entitled, "A Local
andi Establishing a Southold Town Community
of.
I~was held on this Local Law on the a, th day
time all interested persons were given an
therefore, be it
hereby enacts Local Law No. 12, which
LOCAL LAW NO. 12 OF 1998
A Local. Law in Relation to Creating and Establiishing A Community
Pres&rVatmn Fund, Which reads as follows:
A Local Establish the Community Preservation Fund as
authorized by state Town Law section 6tr-e.
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The: Southoid Town Code is hereby amended to add a new Chapter
ther?o, to be Chapter 6, Southold Community Preservation Fund, Article 1
of s~id chapter to ~ead as follows:
CHAPTER 6
ARTICLE I
Southold Oo,u~-unit~ Preservation Fund
~6-1 Title. '
This chapter of the Southold Town Code shall be known and may
be cited as the "Community Preservation Fund."
6-2 through 6-6. (Reserved)
6.7 FII~iNGS:
The Town of Southold possesses a rich heritage of scenic,
historic and natural resources, which are .vital to .t~.e Tow~_'s .sen~
of place and to its economic success as a ?..~un.ity..
which comprise these resources are rapxo, y oexn. g .-os?
~___,A--~ -~i..----~. ~-~ the Town's ~oecial identity is in danger
of being damaged forever. In furtherance
scezu.ct
preserving 'the Town's re~ning.
treasures, the Southold Town Board £Xn~s zc necessary to establish
a dedicated fund for their conservation. Such fund is specifically
authorized under ~ 64-e of the New York Town Law and is necessary
to the enactment of a .two percent (2%) real estate transfer tax,
which is also authorized hv Town Law § 64-e and Tax Law Article 31-
D and which the Town Board finds to he necessary to effectuate the
Town' s community preservation goals.
6-8 through 6-11. (reserved)
6-12 Purposes.
It is the purpose of this Chapter_ to establish and create the
Southold Community preservation Fund-rot the purpose Of Community
Preservation as that te:~ is defined in Town Law section 64-e(1) (b)
and section 6-16 of this Chapter. Com..~unity Preservation in_cludes~
Southold, including wetlanos, woo~an~s, a_ur.x, cu~_~u:at =_~_~'~'~
shorelands, and the other natural resources o: ~ne Town, :.u: .~.,~
purpose of protecting historic places and properties within cme
Town7 and for the p~rpose of providing the Town's visito.r.s a~_d
residents with o~tdoor recreational opportunities, axx ~
accordance with the provisions of § 64-e of the New York State Town
Law and as more fully set forth therein.
6-13 throu~ 6-15. (reserved)
~ 6-16. Definitions.
As used in this chapter, the following words and terms shall
have the meanings indicated:
ADVISORY BOARD - shall mean the Southold Community
PreserVation Fund Advisory Board to be established and created
by the Town Board pursuant to Town Law section 64-e (5).
COMMUNITY. PRESERVATION - shall mean preservation of community
character which .shall involve one or more of the following
purposes:
A. Establishment of parks, nature preserves, or
recreational areas;
AUGUST 25, 1998
Be
Ce
Preservation of .open spa'de, including agricultural
lands;
Preservation of lands of exceptional scenic value;
De
Preservation of fresh and saltwater marshes
wetlands;
Preservation of aquifer recharge areas;
or other
Fe
Preservation of undeveloped beach lands, shorelands or
shoreline;
Ge
Establishment of wildlife .refuges for th~ purpose of
maintaining native animal species diversity, including
the protection of habitat essential to the' recovery of
- rare, threatened, or endangered species;
Preservation of pine barrens consisting of such biota as
pitchpine and scrub oak;
me
Preservation of unique or threatened ecological areas;
Presezwation of brooks or stre~m~, rivers and river
areas in natural, free-flowing condition;
K. -Preservation of forested land;
Lo
Me
Ne
Preser~ation of public access to lands for public use
including stream rights and waterways;
Preservation of historic places and properties listed on
the New York State Register of Historic Places and/or
protected under a municipal or local historic
preservation ordinance or local law; and
Undertaking any of the aforementioned in furtherance of
the establishment of a greenbelt.
C(X4MUNITY PRESERVATIO~ PROJECT PLAN - shall mean the Southold
Co~=unity Preservation Project Plan to be adopted by the
Southold Town Board pursuant to Town Law § 64-e (6) which
shall be known as the Southold Community Preservation project
Plan.
FUND - shall mean the South~ld Community Preservation Fund
established and created by this chapter-pursuant 'to Town Law §
64-e.
6-17 through 6-19. (reserved)
6-20
A.
Be
Southold C~L~unit~ Preservation Fund established.
The Southold Community Preservation Fund is hereby
established as authorized by ~ 64-e of the New York Town
Law.
Deposits into the fund may ihclude revenues of the Town
from whatever source, and shall include, at a min~m-~,
all revenues from a real estate transfer tax ~mposed by
the Town pursuant to Article 31-D of the New York Tax
Law.
The fund shall also be authorized to accept gifts of any
such interests in land or of funds. Interest accrued by
monies deposited in the fund shall be credited to the
fund.
AUGUST 25, 1998
De
In no event shall monies deposited in the fund 'be
transferred into any other account.
Nothing contained in this chapter shall be construed to
prevent the financing in whole or in part, pursuant to
the New York Local Finance Law, of any acquisition
authorized pursv_~n_t to this chapter. Monies from the
fund may be utilized to repay any indebtedness or
obligations incurred pursuant to the Local Finance Law,
consistent with effectuating the purposes of this
chapter.
F. Since 1980 the Town of Southold has /in~rred or
authorized bonded indebtedness in the amount of approximately
$11,000,000.00 (Eleven million dollars) for open space purposes.
The n~-,ber of residents of the Town of Southold per the 1990 U.S.
Census was approx~m-tely 20,000. The Town Board hereby determines
and finds that the Town ~ has incurred or authorized bonded
indebtedness since 1980 for open space purposes equal to or greater
th~n two h~ndred dollars per Town resident and thus the Town has
complied with th~ per resident financial co~Ltment require~nt set
forth in Town Law section 64-e (2).
SS 6-21 through 6-23. (reserved)
~ 6-24 Purposes of the. fund.
The purposes, of the fund shall be exclusively:
(1) To im~le;_ent the Southold Co~a~ntty Preservation
Project Plan for community Preservation as required
by § 64-e (6) of the Town Law~
(2) To acquire interests or rights in real property for
the preservation of community characte~ within the
Town, including the portion of any village therein,
in accordance with said plan~
(3) "To establish a bank pursuant to a transfer of
development'rights progrEm consistent with ~ 261-a
of the Town Law, at the sole discretion of the Town
Board~
(4)
To provide a management and stewardship program for
such rights and interests acquired by the fund,
consistent with the provisions of this chapter and
in accordance with the Southold Community
Preservation Plan. ~
The acquisition of interests and rights in real property
under the fcuid shall be in~ cooperation with willing
sellers.
De
Not ~ore than ten percent (10%) of the fund shall be
utilized for the ~anagement and stewardship progr~
provided for in paragraph A (4) of this section.
If the ]m?lementation of the Southold Com~unity
Preservation Project Plan has been completed, and funds
are no longer re~4red for the purposes set forth in
paragraph 6-24 (A) , any remai.n~n, g monies in the fund
shall be applied to reduce any bonded indebtedness or
obligations* incurred to effectuate the purposes set
forth in paragraph 6-24 (A).
6-25 through 6-27. (reserved)
AUGUST 25, 1998
6-28 Acquisition of interests in pro~; public hearing and
other requi~ents.
No interest(s) or right(s) in real property shall be
acquired pursuant to this Chapter until a public hearing
is held as required by ~ 247 of the New York General
M%u%icipal Law. However, nothing herein shall prevent
the Town Board from entering into a conditional purchase
agreement before a p%~blic hearinq is held.
B. Any resolution of the Town Board approving an
acquisition of land pursuant to this :Chapter shall
include a finding that acquisition Was the best
alternative for the protection of co_mm__unity character of
all reasonable alter~atives avail_~h_le to the' Town.
6-29 through 6-31 (reserved)
6-32 Management of lands aoA~ired pursuant to chapter.
A. Land(s) or interest (s) in real property acquired
p~rsuant to this chapter shall ~be administered and
managed in a manner which:
(1)
allows public use and enjOyment in a manner
compatible with the natural, scenic, historic, and
open spacel character of such"ilands or interests in'
real Property;
(2) pr~eserves: the native biological diversity of such
l~ds or interests in real property;
(3) With regard to lands as open space (as opposed to
lands ac~red for active recreation use or pt~blic
water access, or improved lands acquired for
historic preservation reasons), improvements shall
be limited to those designed to enhance access for
pasSive use of such open space lands, such as
nature, trails, boardwalks, bicycle paths, and
peripheral parking areas, provided that such
improvem__ents do not degrade the ecological value of
the land or threaten e'~sential wildlife habitat;
and
(4)
preserves cultural property, historic properties,
historic and cultural resources in a manner which
is consistent with accepted standards for historic
preservation.
The Town may enter into agreements with corporations
organized under the New York Not-For-Profit Corporation
Law and which engage in land trust activities, in order
to provide for the management of lands acquired pursuant
to this Chapter, including less than fee interests in
l~Dd. Any such agreements shall, however, provide that
such corporations shall keep the lands under managem_ent
accessible to the public unless such corporations shall
demonstrate to the satisfaction of the Town Board that
public access would be detrimental to the lands or to
any natural resources or features associated therewith.
6-33 through 6-35 (r~served)
AUGUST 25, 1998
6-36 Alienation of land acquired using th~ fund.
Ao
Ce
Rights or interests in real property which are acquired
with monies from the fund shall not be sold, leased,
exchanged, donated, or otherwise disposed of or used for
other than the purposes permitted by this chapter
without the express authority of an act of the State
Legislature, which legislature is required to provide
for the substitution of other lands having equal
environmental . and fair m_-rket value and reasonably
equivalent usefulness and location to those to be
discontinued, sold, or .disposed of, and such other
requirements as shall be approved by the legislat~r, e.
In addition to an act of the State Legislature, real
property acquired with monies from the fund shall not be
sold, leased, exchanged, donated, or otherwise disposed
of or used for other than the puL'poses per~itteU Dy this
chapter, except after compliance with the alienation
procedures' ~et forth in the Open .Space' Preservation
Chapter of this Code, specifically Chapter 59.
Th. is section shall not apply to the sale of development
rights by the Town acquired purSUant to this chapter,
where said sale is made by a central bank created by the
Town and t0~a transfer Of development rights
program' by the Town pu.r. suant to § 261-a of
the Town Law, however, that:
(1) The lands from which said development rights were
acquired shall in perpetuity by a
~ or other instrument
~erves character as
in' the definition of
~hiS Chapter; and
(2) That the from~ any such sale shall be
deposited' Community Preservation
F d,
6-37 through 6-38 (reserved)
~ 6-39 SEVERABILITY:
If any clause, sentence, paragraph, section; or part of this
Article shall be adjudged by any court of competent ~urisdiction to
be invalid, such Judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to
the clause, 'sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
~ 6-40 EFFECTIVE DATE:
This Local Law shall take effect immediately upon filing with
the Secretary of State as provided by law.
3.-Vote .of. the Town Board: Ayes: Councilman Murphy, Councilman
Romanelh, Councilman Moore, Councilwoman-Hussle, Supervisor Cochran.
This resolution was duly ADOPTED.
~.-Moved by Councilman Romanelli, seconded by Councilwoman Hussle,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the ~th, day of August, 1998, a Local Law entitled "A Local
Law In Relation to Establishing an Advisory Board for the Southold Town
Community Preservation Fund", and
WHEREAS, a public hearing was held on the 18th day of August, 1998,
at which time all Interested persons were glven an opportunity to ,be heard
thereon~ now, therefore be It
RESOLVED that the Town Board of the Town of Southold hereby enacts
Local Law No. 13 of 1998, which reads as follows:
13 OF 1998
A Local Law to establlsh
The
Id Community
Law section 6tt-e
Interest In real
Id.
d: as follows:
Article to
ltd,
ARTICLE III
Community Preservation Fund Advisory Board
6-56 thrOugh 6-59 (reserved)
§ 6-50 ,Commur~lty Presentation Fund Advisory board established.
A.
The Town of Southold Community Preservation Fund Advisory Board is
hereby established.
Bo
Co
The purpose of the Advisory Board is to review and make recommendations
on proposed acquisitions of interests in real property using monies from the
community Preservation Fund.
The Advisory Board shall act in a~ advisory capacity to the Town Board.
The Advisory board shall consist of seven (7) members who shall be legal
residents of the Town and who shall serve without compensation. No
member of the Town Board shall serve on the advisory board.
Eo
A majority of the members appointed shall have demonstrated experience
with conservation or land preserva~on activities. In addition; at least one (1)
member of the advisory board shall be an active farmer.
The Town Board hereby appoints the members of the Land Preservation
Committee as the members .of the Advisory Board. Appointees to the Land
Preservation committee shall serve concurrently as members of the
Commun'Ky Preservation Fund Advisory Board.
6-51 thrOugh 6-63 (reserved)
ff any clause, sentence, paragraph, section, or part of thls Article shall be adjudged
by any court of competentjudsdi~on to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but'shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
~6.65 Effective Date:
AUGUST 25, 1998
This Local Law shall take effect immediately upon filing with the
Secretary of State as provided by law.
4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Councilwoman Hussle, Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
WHEREAS, there .was presented to the Town Board of the Town of
Southold, on the [tth day of August, 1998, a LoCal Law entitled, ."A Local
Law In Relation to Creating and Establishing a Project Plan for the Southold
Town. Community Preservation Fund",' and
WHEREAS.', a public hearing was held on the 18th day of August, 1998,
at which time all Interested persons were given an oppOrtunity to be heard
thereon, now, therefore be It
RESOLVED that the Town ,Board of the TOwn of Southold hereby enacts
Local Law No~ :1._3 of 1998~ which reads as ~foll0Ws::
LOCAE LAW.NO; lt~OF 1998
A Lo~al Law the SoUthold Community Preserva.tlon
Project Plan ~ 64-e of ~he New York Town Law, for the
and historic places
ages
to be Southold Community
therein, Said plan
Preservation Project Plan". ·
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The Southold Town Code is hereby ~mended by adding a new
Article to Chapter 6,' to be Article' II, Southold Community
Preservation Project Plan, Article II to. read as follows:
ARTICLE II
SOUTHO?n ~ITY PRESERVATION PROJECT PLAN
6-41 through 6-44 (reserve~)
6-45 ?.~.GISL~TIVE FINDINGS:
The Town of Southold possesses a rich heritage of 'open space
and scenic ~nd natural resources, and historic places which are
vital to the Town's sense' of place and to its economic success as a
community. However, t~e lands which comprise these resources are
rapidly being lost to development, and the Town's special identity
is in danger of being damaged forever. In furtherance of its goal
'of preserving the Town's remaining open space, natural, scenic, and
historic treasLLres, the Sour_hold Town Board finds it. necessary to
adopt a plan for their conservation. Such plan is specifically
· authorized, under § 64-e 'of the New York Town Law and will serve as
the basis for' the expenditure of any. monies .from the Southold
Community Preservation Fund including those monzes realized under
this Chapter's two percent (2%) real estate transfer tax, which is
also authorized by Town Law § 64-e and A~ticle 31-D of the New York
Tax Law.
It is the purpose of this Local Law to establish and create
the Southold community Preservation Project Plan to help guide the
Town' s effort.s to preserve open spaces, natural~ scenic . and
historic places, and to-implement the requirements of Town Law §
64-e and Article 31-D of the New York Tax Law.
~ 6L46 through 6-49 (reserved)
AUGUST 25, 1998
47
~6-50 COMMUNIT~ PRESERVATION.PROJEGT PLAN ADOPTED:
For the reasons set forth in ~6-45 hereof, the Town Board of
the Town of Southold hereby approves "and adopts the
Preservation ProJect Plan" prepared by the Town Planning
Department, the Land Preservation Committee, the Peconic Land Trust
and Central Data Processing and presented to the Town Board on
August 4, 1998 d~lng the work session portion of the Town Board
meeting, said plan being intended to constitute the Southold
Community Preservation Project Plan which is required by § 64-e of
the New York Town Law and Article I of Chapter 6 of the Southold
Town Code.
6-51 through 6-53 (reserved)
6-54 8EVERABILITY:
If any clause, sentence, paragraph, section, or part of this
Article shall be adjudged by any court of com?etent jurisdiction to
be invalid, such Judgment shall not affect, impair, or invalidate
the remainder Ithereof, but shall be confined. in. its operation to
the clause, sentence, paragraph, section, or part thereof direotly
involved .in the COntrOVersy in which such Jud~ent shall have been
rendered.
6-55 EFFFX~IVE DATE:
This Local Law shall take effect immediately upon filing with
the Secretary of State as provided by law.
5.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilma~ Moore, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Southold, on the ~,th ~
Law in Relation to
conveyance of intere
the iricorp°r~ated
to be dePosited
purpose of
WHEREAS. a
day of 'August,
A Local
on the
including
this tax
the purpose ~
BE i
follows:
6.-Moved by Supervisor Cochran, seconded by Councilman Moore,
WEIEREAS, therei' .was presented to the Town Board of the Town of
August, 1998, a Local Law entitled, "A Local
a 2% Real Estate Transfer Tax on the
n real property in the Town of Southold, including
with the revenues derived from this tax
Community Preservation Fund for the
and historic places with the Town", and
was held on this Local Law on the 18th
at which time all interested persons were given an
opportunity to be thereon, now, therefore, be' it
R??OLVED that the Town Board hereby enacts Local -Law No. of 1998,
which reads as f011o~s:
in Relation to Imposing a 2% Real Estate Transfer Tax
in real property in the Town of Southold,
therein, with the revenues derived from
the Southold Community Preservation Fund for
open space and historic places with the Town.
!~¥ the Town Board of the ToWn of Southold as
The SoutholdilTown ,Code :is hereby amended to add a new Article
to Chapter 6, tO be Article IV, 2% Real Estate Transfer Tax,
Article IV to read as follows:
ARTICLE IV
2% Real Estate Transfer Tax
6-66 through 6-69 (reserved)
AUGUST 25, 1998
The Town of $outhold enjoys a worldwide reputation as a
community of great sGenic beauty, rich in natural resources and
open spaces, including agricultural lands, woodlands, wetlands,
waterways, dunes, bluffsa and other natural features. The Town
also possesses a rich historic heritage as-one of t~.e oldest
colonial settlements in the State of New York and, indeed, in the
nation. Finally, because the second home industry and tourism are
such important components of the local economy, the "Town must
preserve its scenic beauty and provide recreation&l areas in order
to continue to attract visitors.
The Townts natural and historic resources collectiVely provide
the people of Southold with an unequaled comm~lnity character. In
fact, the' Nature Conservancy has included the region which includes
Southold Town as one of its twelve "Last Great Places" in the
Western Hemisphere. The Town has done much to foster, protect, and
promote its community character. 'Southold enjoys a reputation as
being creative and '~nnOvative:in r'the area of land use and land
conservation.
The Town is today under extreme development pres.sure, with
development ' Out-pacing ~ CUrrent i !conservation e_ffor=.s.. If
exceptional acti0~ is i~'n°t taken, ~south_old's %~.q~e .cha~_ac~.er m_~y be
irretrievably lost the substantial investment oz tne Town's
citizens in made moot. New financial
resources are the Town is to preserve its special
identity.
Pursuant to § 64-e of the New York Town Law and Article 31-D
of the Tax Law, Southold Town is authorized to create and est-hlish
a Community Preservation Fund, and to impose a two perce~_t (2.%)
real estate tr~fl~fer taxi w£th the revenue derived from sai. d_ tax_to
be deposited into the Southold Co.'""unity Preservation Fund. The
creation of the f~nd and ~ imposition of the tax are' subject .to
~ndatory referendum,~ I~I is the~ purpose of this Local. Law~
~m.~se the 2% real~' estate ltransfer~ tax in order to p£ace ~
re%enue derived from the, taxi. in 'said dedicated fund.
The Town Board ~finds that this Local Law an excellent
opportunity for achieving balance between development and
conservation which~ts n~ded to ensure the Town's conununity
character.
6-71 through 6-74 (reserved)
6-7~ Definitions.
As used in this chapter, unless otherwise expressly stated,
the following words and terms shall have the following meanings:
CONSIDERATION -.shall mean the price actually paid or required
to be paid for the real propg~ty or interest therein,
including payment for an option o~ contract to purchase real
property, whether or not expressed in the deed .and whether
paid or required to be paid by mo~ey, property, or any other
thing of value. It Shall include the cancellation or
discharge of an indebtedness or obligation. It shall also
include the amount of any mortgage, purc/~se money mortgage,
lien, or other en~-hrance, whether or not the underlying
indebtedness is assumed or taken subject to.
AUGUST 25, 1998
(2)
In the case of the creation of a leasehold interest or
the granting of an option with use and occupancy of real
property, consideration shall include, but not be
limited, to, the value of the rental and other payments
attributable to the use' and occupancy of the real
property or interest therein, the value of any amount
paid for an option to pttrchase or renew, and the value
of rental or other payments attributable to the exercise
of any option to renew.
In the case of the creatior a subleasehold interest·
consideration shall include not be limited to, the
value of the s;~biease rental payments attribut-~le to
use end: occupancy of the real property, the value of
amount paid for an option to r~new, and the value of
rental or other payments attributable to the exercise of
any option to renew, less the value of the remaining
prime lease rental payments required to be
(3) In the case, of.a
(4)
or acquired
fn any entity that
mean the fair
or interest therein,
Of the ownership
~ent£ty.
or the
a leasehold
or
'shall
payments
lease.
pursuant'
assigned or'
(5)
(i.) the
: or transfer Of
the
of shares of
connection
easehold by
Ltive.ptan sponsor
the owner thereof
in
of'~a proprietary
than an
ill include
of any
housing
or
by
the mortgage
be the
in the
with the
and the
shares
corpo:
shall mean
of all
or
· trust or
case of a
the total
of such
Capital,
of such
partnership,
(50%) or
in such
AUGUST 25, 1998
CONVEYANCE - shall mean the transfer or transfers of any
interest in real property by any method including but not
limited to sale, exchange, assignment, surrender, mortgage
foreclosure, transfer~ in lieu of foreclosure, option, trust
indentttre, taking by eminent dom-~n, conveyance upon
liquidation or by a receiver, or tr_--~_fer or acquisition of a
controlling ~nterest in _--y entity with an interest in real
property.' Transfer of an interest in real property shall
include the creation Of a leasehold' or sublease only where
(i.) the sum of the tezm of the lease or sublease and any
options for renewal exceeds forty-nine [49) years, (ii.)
substantial capital ~provements are or maybe ~_~de by or for'.
the benefit of the lessee or sublessee, and (iii.) the lease.
or sublease is for substantially all of :the premises :'
constituting, the real property. Notwithstand~ng the .,'
foregoing, conveyance ~of real property shall not include a
conveyance made pursuant to devise, bequest or inheritance;
the creation, mo_8~ficati.on, 'extension, spreading, severance,
consolidation, assignment, transfer, release or satisfaction
of a mg. rtgage; a m?rtgag.e sttbordination agreement, a mortgage
severance~ agree_m_~nt, .or an instrument given to perfect or
correct a or a release of lien of tax
pursuant Revenue Code.
FUND - shall mean the Southold Community Preservation Fktnd
created and established by Article I of this ChapTer pursuant
to ~ 64-e o:f the New York Town 'Law.
GRANTEE..- shall mean the person who obtains real property or
an interest' therein as a r~sult of acon~eyance.
GRANTOR ~ Shallmean the~person making theconveyance of real
property or interest !therein. Wherei the.conveyance consists
of a transfer or an acquisition of a ling interest in
an entit inreai i"grantor" shall
mean property or a
shareholder, ¢ or partnership
INTEREST IN ~'~PROPERTY - shafi':~-include 'title in fee, a
leasehold a "benefiCial en&umbrance,
.' ~r' or any other
real property
derived
an option or
contraCt not include a
right of ,.
PERSON -i '~
l~bility
an~
capacity,
more.
anz
l~'m~ted
stock company,
referee, or
or' representative
or otherwise, any
other fo~ of
or conducted by two (2) or
REAL PROPERTY -~' shall mean
. every estate 6fright, legal or
equitable, present or future, vested or in lands,
t~ne~_ents ~r'iiheredit;~ments~i
~ structures
~-d other whole or.
in It rights to
AUGUST 25, 1998
RECORDING OFFICER - shall mean the County Clerk of the County
of Suffolk.
TOWN - .shall mean the Town of Southold.
TOWN SUPERVISOR - shall mean the Town Supervisor of the Town
of Southold.
TREASURER (COUNTY TREASURER) - shall mean the treasurer of the
County of Suffolk.
~ 6-76through6-79 (Reserved.)
6-80 Impositi~no£realestatetransfertax.
. There is ~hereby imposed in the Town of Southold a tax on each
conveyance of =eal property or interest therein where the
consideration exceeds five hundred dollars ($500.00), the rate of
such tax to be two percent (2%) of the consideratkon for such
conveyance. Revenues from such tax shall be deposited in the
Southold Community Preservation Fund established by Article I of
this chapter ~nd may be used solely for the purposes of said fund.
Such tax shalii~apply to any conveyance occurring on or after March
1, 1999, but shall.not apply to conveyances made on or after such
date pursuant written contracts entered into prior to
such date, that .the date of execution of such contract is
confirmed evidence such as the recording of the
'contract~ deposit, or other facts and circumstances as
determined County Treasurer.
6-81 through 6-84. '(Reserved.)
6-85. Pa!anent of tax.
A®
The real estate transfer tax-. imposed pursuant to this
article shall be paid to the Treasurer, or to the
Recording Officer .acting as the agent of the Treasurer
upon desi~nation as such agent by the Treasurer. Such
tax shall be paid at the s_-~e t~e as the real estate
.traD~fer tax imposed by Article 31 of the New York Tax
Law is required to be paid. Such Treasurer or Recording
Officer shall endorse upon each deed or inst~ent
effecting a conveyance a receipt for the amount of the
tax so paid.
...
A ret~'n shall be required to be filed with such'
Treasurer or RecorS~ng Officer for purposes of the real ¢
estate transfer tax imposed pursuant to this article at
the same time as a return is required to be filed for
purposes of the real estate transfer tax imposed by
Article 31 of the Tax Law. The Treasurer shall
prescribe the .form of return, the information that it
shall contain, and the do~entation that shall
acco~any the return. Said form shall be identical to
the real estate transfer tax return required to be filed
pursuant to ~ 1409 of the Tax Law, except that the
Treasurer shall adapt said fo~m to reflect the
provisions of this Article which are inconsistent with,
different from, or in addition to the provisions of
Article 31 of the T~x Law. The real estate transfer tax
returns ~equirgd to be filed pursuant to this section
are required to be preserved for three (3) years and
thereafter until such Treasurer or Recording Officer
orders them to be destroyed.
AUGUST 25, 1998
The Recording Officer shall not record an. instrument
effecting a conveyance unless the return required by
this section has been filed ~nd unless the tax imposed
pursuant to this article shall have been paid as
provided in this section.
(Reserved.)
~ 6-86 through 6-89.
6-90. Liabilit~ for tax.
A.
The real estate transfer tax required hereunder shall be
paid by the grantee. If the grantee has failed to pay
th~ .tax imposed pursuant to this article, or if the
grantee is exempt from such tax, the grantor shall have
the. duty to pay the tax. Where the grantor has the duty
to pay the tax because the grantee has failed to pay the
tax, such tax shall be the joint and several liability
· of the grantee and grantor.
For the purpose of the proper administration of this
article and to prevent evasion of the tax hereby
imposed, i~ shall be presumed that all conveyances are
taxable. Where the considAration includes property
other than money, it shall be presumed, that the
consideration is the fair m~r. ket value of the real
property or interest therein. These presumptions shall
prevail until the contrary is proven, and the burden of
proving the contrary~ shall be on the person liable for
payment of the tax.
6-91 through 6-94. (Reserved.)
6-95.
A.
Exemptions from
The following shall be exempt from payment of the real
estate transfer tax imposed by this article:
(1)
The State of New York or any of its agencies,
instrumentalities, political subdivisions, or
public corporations (including a public corporation
created pursuant to agreement- or compact with
another state or the Dominion of Canada);
Be
(2) The United Nations; The United States of America
and.ny of it~ agencies or instrumentalities.
Exemption for certain conveyances. The real estate
transfer tax imposed by this article shall not apply to
any of the following conveyances:
(1)
Conveyances to the United Nations, the United
States of-America, the State of New York or aD_y of
their instz~3mentalities, age~cies, or political
sub~_{visions (or any public corporation, including
a public 'corporation created pursuant to agreement
or compact with another state or the Dominion of
Canada).
(2) Conveyances which are or-were used to secure a debt
or other obligation.
(3) Conveyances which-, without additional
consideration, confirm, correct, mo~fy, or
supplement a~deed previously recorded.
AUGUST 25, 1998
(4)
(5)
(6)
(7)
Conveyances of real property without consideration
and otherWise than in connection with a sale,
including deeds conveying realty as bona fide
gifts.
Conveyances given in connection with a tax sale.
Conveyances to effectuate a mere change of identity
or form of ownership or organization where there is.
no change in beneficial ownership, other than;'
conveyances to a cooperative housing corporation off
the real property comprising the cooperative
dwelling or dwellings.
Conveyances which consist of a deed of partition.
Conveyances given pursuant
Bankruptcy Act. ~
to the Federal
(9) conveyances of real property which consist of the
execution of a contract to sell real property
without the use or occupancy of such property or
the granting of an option to purchase real property
without the use or occupancy of such property.
(10) conveyances of real property, where the entire
parcel of real property to be conveyed is the
more of the following
subject of one (1) or
development restrictions:
(a')
(c)
(d)
(e)
An agricultural, conservation, scenic, or an
open space easement;
Recorded covenants or restrictions prohibiting
development; '
A purchase of development rights agreement.
A transfer of development rights agreement,
where the property being conveyed has had its
development rights removed.
said r6al property is subject to the
development restriction of an agricultural
district or individual cozm~itment, pursuant to
Article 25-AA of the New York Agriculture and
Markets LaW.
(f)
real property subject to any locally adopted
land preservation agreemant including
agreements under the Town of Southold's Open
Space. Preservation and AgricuItural Lands
Preservation Laws and, provided said exertion
is included in the local law {mposing the tax
authorized by this. article;
(11) Conveyances of real property, where the property is
viable agricultural land as defined i~ subdivision
(7) of ~ 301 of the Agriculture and Markets Law and
the entire property to be' conveyed is to be made
· . subject to one of the development restrictions set
forth in the preceding paragraph 6-95 (B)(10),
provided that said development restrictions
precludes the conversion of the property to a non-
agricultural use for at least three years from the
date of transfer, and said development restriction
is evidenced by an easement, agreemen=, or other
suitable instrument which is conveyed to the Town
simultaneously with the conveyance of the real
property; or
AUGUST 25, 1998
12.
Conveyances of real pro~rty for open space, parks,
or historic preservation purposes to any not-for-
profit tax-exempt co~poration operated for
conservation, environmental, or historic
preservation purposes.
~ 6-96 through 6-99. (Reserved.)
6-100. Additional exemptions.
A. There shall be allowed an exe~_ption of one hundred fifty
thousand dollars ($150,000.00) on the consideration of the
conveyance of improved real property or an interest therein.
B. There shall be allowed an exemption of seventy-five
thousand dollars ($75,000.00) on the consideration of the
conveyance of unimproved real property or an interest therein.
6-101 through 6-104. (ReserVed.)
6-105. C~edit
A grantee shall be allowed a credit against the t~x due on a
conveyance of real property to the extent that tax was paidby such
grantee on a prior creation of a leasehold of all or a portion of
the same-rea% property or on the granting of an option or contract
to purchase all or a portion of the-s~e real property by such
grantee. Such credit shall be computed by multiplying the tax paid
on the creation of the leasehold or on the granting of the option
or contract by a fraction, the numerator of which is the value of
the consideration used to compute such tax paid which is not yet
due to such grantor on the date of the subsequent conveyance (and~.
which such grantor will not be entitled to receive after such date)',
and the denominator of which is the total value, of they
consideration used to co,ute such tax paid.
6-106 through 6-109. (Reserved.)
6-110. Cooperative housing corporation transfers.
Notwithstanding the definition of "controlling interest"
contained in ~ 6-75 hereof or anything to the contrary
found in the definition of "conveyance" contained in
said section, the tax imposed pursuant to this article
shall apply to the following:
(1)
The original conveyance of shares of stock in a
cooperative housing corporation in connection with
the grant or. transfer of a proprietary leasehold by
the cooperative corporation or cooperative plan
sponsor.'
(2)
The st, bsequent conveyance of such stock in a
cooperative housing corpo~ation in connection with
the grant or transfer of a proprietary leasehold by
the owner thereof. With respect to any such
subsequent conveyance where' the . property is an
individual residential unit, the consideration for
the interest conveyed shall exclude the value of
any liens on certificates of stock or other
evidences of an ownership interest in and a
proprietary.lease from a corporation or partnership
formed for the .purpose of cooperative ownership of
residential ~interest in real estate remaining
thereon at the t!~ of conveyance. In determ~-~ng
AUGUST 25, 1998
the tax on a conveyance described in paragraph ~
(1) ~hove, a credit shall be allowed for .a
proportionate part of the amo%~nt of any tax paid
upon the conveyance to'the cooperative housing
corporation of the real property comprising the
cooperative dwelling or dwellings to the extent
that such conveyance effectuated a mere change of
identity or form of ownership of such property and
not a ~hange in the beneficial oWnership of such
property. The amount of credit shall be dete~,.,{-ed
by m~ltiplying the amount of tax paid upon the
conveYancet"~ to .the c°~perative hoUSing corporation
by a percent&ge~ representing the extent to which
S~ch ~on'veyan-ce e~ct~ate~ mere. change of.
a .
identity or form of oWnership and not a change
the beneficial Owners;hip of such ProPerty; end then:.
multiplying' the resulting product by a fraction,
the ~u~erator of ~hich shali be the number of
stock descr~ bed
be the total number~ of Shares
corporation
A (~)!.
in
sha]
no~
on
· .iof which
stock of the
[including any
In no event,
reduce the tax on a
.') below zero,
a tax paid
the date
a series of
~ an offering of
described in
housi~ng
an
of
of
shall be
with the
year covering
~ "through June 30
covering the
December 31.
regarding
of stock in the
as the Treasurer
limited to,
identification
the grantor
conveyed, the
ideration paid
'6-111 throug~ 6~4. (Reserved.)
6-115. Designa~on of~ agent~b~ County T~.
The County Treasurer is authorized by law to designate the
RecorS~ng OffiCer to act as his or her ,!agent for the purpose of
collecting the tax imposed b~ this arti~.-The Treasurer shall
provide for the manner in which such person ~y be designated as
his or her agent subject to such te~,s and, conditions as the
treasurer shall prescribe. The real estate transfer tax shall be
paid to such agent as provided in § 6-85 hereofl
6-116 through 6-119. (~eserved.)
~ 6-120. ~!-b~lityofReoor~ng Officer.
A Recordi~Officer not be liable for any inaccuracy in
the amount of ~ax.imp0sed to thSs article that he or she
shall collect so long as he she shal~ compute and collect such
AUGUST 25, 1998
tax on the amount of consideration or the value of the interest
conveyed as such amounts are provided to him or her by the person
paying the tax.
~§.6-121 through 6-124. (Reserved.)
6-125. Refunds.
~henever the Treasurer shall dete~ne that any moneys
received under the provisions of this article were paid in error,
he or she may cause such moneys to be"~refunded pursuant to such
rules and regulations ashe or she may prescribe, provided that any
apPlication!for sUCh refund as filed with the Treasurer within two
(2) years from the'date the erroneous paYment Was made.
6-126 through 6-129. (Reserved.)
6-130.
A.
Bo
Deposit and ~ sposition of revenue.
All taxes, penalties, ~and interest imposed by the Town
under the authority of this article, which are collected
or his or her agents, shall be
trust fund for the Town and shall
be kept separate and apart from all other
~l "ithe Treasurer. Moneys in such
seCUred in the m~nner
Municipal Law. Pending
moneys therein ~ay be
in § 11 of the General
earned or capital' gain
realized on or invested shall
accrue to and become fund.
The Treasurer
dete~e to
shall retain such ~mo~nt as he or she
for refunds with respect to
the authority of this
any
to a
The Treasurer, after reserving such funds, shall on or~.
before twel each month, pay to the Town'
and interest imposed by{
the article, collected
by the article during the
amount so payable ~hall
be by the Treasurer,
who shall not be held liable for 'any inaccuracy in such
certification. However, any such certification may be
based on such information as may be available to the
Treasure~ at the time such certification must be made
under ~h~s section.
W/~ere the amount so paid over to the Town in any such
distribution ~s more or less than the amount due to the
Town, the amount of the overpayment or underpayment
shall be 'certified to the Town Supervisor by the
Treasurer, who shall not be held liable for any
inaccuracy in such certification. The amount of the
underpayment or overpayment s~ll be so certified to the
Town Supervisor as soon after the discovery of the
overpayment or underpaYment as reasonably possible and
subsequent paYments and distributions by the Treasurer
to such Town Shall be adjusted by subtracting the ~mount
of any Such overpaYment from.or by adding the ~mount of
any such~~ :underpayment to such n-mher of subsequent
payments~ and distributions as the Treasurer and Town
Supervisor shall consider reasonable in view of the
underpayment or overpayment and all other facts and
circumstances.
AUGUST 25, 1998
All monies received from the Treasurer by the Town
Supervisor shall be deposited in the Southold Community
Preservation Fund established pursuant to Article I. of
this chapter and Town Law ~ 64-e.
$$ 6-131 through 6-134. (Reserved.)
6-135. Judicial review.
Any fin~~ detez...tnation of the amount of any tax payeble
under this article shall be reviewable for error,
illegality, or unconstitutionality, or,any other reason
whatS0eve~, ~by a Proceeding under ~ticle 78 of the
~1 practice Law and Rules if application, therefor is
~ade tO Supreme~Court within f°Ur;(4)months afte~
the of the notice of such final detez,.~tnation,
however, that any such proCeeding under.
ofI the Civil Practice Law and Rules shall not?
be ~dunless:
: of any tax sought to be reviewed, with
interest and penalties thereon as may be
for by this local law, .'shall be first
~ited and ~here is filed an undertaking, issued
a surety company auth6rized to ~ransact business
~ew York State and approved~ by the State
endent of Insurance as to solvency and
y, in such' ~amount as a Justice of the
s~all approve, to t~he effect that, if
[~i shal~ be dismissed or the tax
thel petitione~ will pay all costs and
may accrue in the PrOsecution of such
or
(2)
At ~.~he option of the petitioner, such undertaking
be in a sum sufficient to cover the taxes,
and penalties stated in such
, ~us the costs .and charges ~hich may
against the petitioner in the prosecution of
iproceeding,! in whichevent the petitioner shall
~ibe require~ to pay Such taxes, interest, or
as a condition precedent to the
.Where ~ tax imPosed hereunder shall have been
erroneOUS!Y, illegally, or unconstitutionally ass~s~ed
or collected, and 'apPlication for the refund or revision
thereof duly made to the Treasurer, and such Treasurer
shall~ ha~e made a deter~!nation denying such refund or
revision, such dete=mination shall be reviewable by a
procee~g under Article 78 of the civil Practice Law
and RuleS;~ provided, however, that:
(1) S~ proceeding is instituted within four (4)
mgnths, after the giving of the notice of such
d~nial,
(2) A final determination of tax due was not previously
.made; and
(3)
An undertaking is filed with the Treasurer in such
~ount and with such sureties as a Justice of the
~reme Court shall approve, to the effect that if
.such proceeding is dismissed or the tax confirmed,.
the petitioner will pay all costs and charges which?
may accrue in the prosecution of such proceeding. ~'
6-136 through 6-139. (Reserved.)
AUGUST 25, 1998
~ 6-140. APpOZ~cionment of consideration
property loca.ted o~1~ partl~ within Town.
subject to ~_x for
Where real property is situated partly within and partly
without the boundaries of the Town, the consideration
subject to tax is such part of the total consideration
as is attributable to the portion of such real property
situated with the Town or to the .interest in such
portion. If the consideration attributable to the
property located in the Town is set forth in the
contract, such amount may be used to compute the tax
due.
allocation
is.deemed
of
If the 'contract does not set forth the amount of
consideration attributable to the portioh~ of real
property or interest therein situated ~wtthin the Town,
the cons~deration shall be reasonably allocated between
the Portion of such property or. ~interest therein
prop~ or interest therein situated without the 'Town.
If the grantor and the grantee enter into a written
agreement, signed by'both the grantor al%~ the grantee,
which . sets fOrth a reasonable allocation of
cOnsideration., that allocation of Co~sideration may be
comp.~.te tax due. tf the gr~antor and the
an agree~ent, or if the
all the real
conveyed.
acquis~on of
c°nsid~tion ~eans
prope.~y
on t~ie
paid,
fair ] v~lue as
in such agreement
the allocation
multiplying the
the nt~nerator of
ima~ket real property br
ist~uated Town, and the
the tOtali'~air market value of
or interest therein being
in the case of a transfer or
a interest where
fair of the real
the be computed
consideration
or-less than the
Ce
Where the methods provided under this section do not
allocate the consideration in a fair and equitable
manner, the Treasurer may require the grantor and
grantee to' allocate the consideration under such method
as h9 prescribes, so long as the prescribed method
results in a fair and equitable allocation.
6-141 through 6-144. (Reserved.)
6-145.
A.
Detea~nation of t~_x; petition to Town Supervigor.
If a return required by this article is no= filed, or if
a return when filed is incorrect or insufficient, the
amount of tax due shall be determined by the Treasurer
from such records or info~mtion as may be obtainable,
including the assessed valuation of the real property Or
interest therein and other appropriate factors. Notice
of such detea,~ination shall be given to the person
liable for the payment of the tax. Such determination
shall finally and irrevocably fix the tax unless the
person against whom it is assessed, within ninety (90)
days after the giving of notice of such determination,
shall petition the Town Board for a hearing, or. unless
AUGUST 25, 1998
6-171 through 6-174 (reserved)
6-175 EFFECTIVE DATE:
This Local Law is subject to a mandatory referendum as set
forth in ~1449-bb of Article 31-D of the Tax Law. This Local Law
shall take effect on March 1, 1999, after after approval at the
general election to be held on November 3, 1998 by the affirmative
vote of a majority of the qualified electors of the Town of
Southold and. f~ling with the Secretary of State; and provided
further that t~e real estate transfer tax imposed by this Article
shall expire ~nd be deemed repealed as to any conveyance taking
place after D~cember 31, 2010.
COUNCILMAN MOORE: Before I vote on this I just want to comment. The
prior votes we all did are the groundwork, and this is the vote that we are
here for, and that allows the public to vote. If we don't pass this the
public gets no say, so I don't think we should stop short at thiS point and
keep the public from voicing theiroplnEon.' ' I happen to support the
transfer tax, but the public has the right to have it's say.
SUPERVISOR COCHRAN: That was the point I was going to make, that
this is now subject to referendum. We are hopeful that the many groups
and people that have supported it in the past will continue to support it.
I, as Supervisor, have supported it from. the beginning. In fact, it goes
back ten to twelve years ago, the first time I ever voted on this to bring
it to the public, So,~ we appreciate those of you that have supported the
bill up to this point, and hope you will continue to do so. There are a few,
but I think that the majority support this. Would any other Board member
like to make comment?
COUNCILMAN MURPHY: I would just like to say that I worked on this
S'
Ince I gOt on the Board, and I feel all and all that it will help Southold
re.mai~ as 'we are, or' as best as possible to remain as we are, and keep us
uniqu, which ~ What ~s going to let us survive. So, I am totally in
supplier of it.
SUPERVISOR COCHRAN: Any other discussion?
JOHN RUSCH: John Rusch, Southold. I would like to make one small
comme~nt. I would just like to say, that I don't really like public speaking,
number one. I Came here today to see history made, and this brought to
fruitibn.
6 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman :Moore, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: There being no other business to come before the
Board I will entertain a motion to adjourn.
ART ROSS: I know I shouldn't speak at this point, but I would like to
applaud the Board.
SUPERVISOR COCHRAN: May I have a motion to adjourn?
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:13 A.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Southold Town Clerk