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Home My WebLink AboutLL 2005 #06 ELIZABETH A. NEVILLE TOWN CLERK REGh-4 I'RAR OF VITAL STATISTICS MARRIAGE OFFICER REt:( H~DN MANAGEMENT OFFICER FREED( INI( )F INEt ~RMAT[( )N I IFFI¢ 'ER Town Hall, 53095 Main Road P.O. In;ox 1179 Southold, New York 11971 Fax ~63I~ 7¢5-6145 Telephone ~ 431 ~ 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 343 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2005: WHEREAS that there has been presented to the Town Board of the Town of Southold. Suflblk County. New York. on the 26~h day of April, 2005 a Local Law entitled "A Local Law in relation to Amendments to the Domestic Partnership Law" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Laxv at \vhich time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the To\vn Board of the Toxvn of Southold hereby enacts the following Local Law: LOCAL LAW NO. {0 2005 A Local Lax\' entitled, "A Local Law in relation to Amendments to the Domestic Partnership Law". BE IT ENACTED by the To\vn Board of the To\vn of Southold as follows: Purpose - The Town of Southold Domestic Partnership registry is available to umnarried persons who, among other requirements, are in committed relationships of mutual support. This amendment \vould extend the availability of the registry to domestic partners where one, rather than both persons, maintains a legal primary residence within the Town of Southold, but will continue to require that both persons share that residence. Chapter 39 of the Code of the To;\n of Southold is hereby amended as follows: 39-3. Requirements. A domestic partnership shall exist between two persons if the following is true: F. One of t:l:he persons currently maintains g!:arc a primary residence within the Town of Southold and declares that he or she ~ intends to do so for the indefinite future, and both persons share that residence. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or an.,,' part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK 'l'l~wn Hall, 5B095 Mare P.O. Box 1179 Southold, New York t1971 Fax ~631~ Telephono ~,B311 76,5-1800 ~outtmldtown.nc,r t hfi~rk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTII~' THAT THE FOLLOWING RESOLUTION NO. 334 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2005: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to the Domestic Partnership La~v" is classified as a Type II action pursuant to SEQIL& rules and regulations, and is not subject to fm'ther review under SEQRA. Elizabeth A. Neville Southold Town Clerk STATe Of NEW YOIRK DEPARTMENT OF STATE 4 I STATe STREET ALBANY, NY 122.3 I -OOOI GEORGe E. PATAKI June 16, 2005 RECEIVED Elizabeth A Neville Southold Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 JUN 2 1 2005 Southold Town Clerk RE: Town of Southold, Local Law 6 & 7, 2005, filed on June 10, 2005 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:cb NEW ~,'ORK STATEOEPARTMENT OF STATE Local Law Filing ,::3, (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining t,o indicate new matter. Town of SOUTHOLD LOCAL LAW NO. 6 of 2005 A Local Law entitled, "A Local Law in relation to Amendments to the Domestic Partnership La~v". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - The Town of Southold Domestic Partnership registry is available to umnarried persons who, among other requirements, are in committed relationships of mutual support. This amendment would extend the availability of the registry to domestic panners wbere one, rather than both persons, maintains a legal primary residence within the Town of Southold, but will continue to require that both persons share that residence. Chapter 39 of the Code of tbe Town of Southold is hereby amended as follows: § 3%3. Requirements. A domestic partnership shall exist between tx~ o persons if the lbllowing is true: F. One of the persons currently maintains a primary residence within the Town of Southold and declares that he or she intends to do so for the indefinite future, and both persons share that residence. SEVERABILITY If any claose, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a x, hole or any part thereof other than the part so decided lo be tmconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed, attach pages the same size as this sheeL and number each.) DOS-239{Rev II ctc)) ( l ) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 05 . of lhe {4;owntoqeCMt~, (Tox,,"n) ¢,qO,%~ ) of SOUTHOLD was duly pa~,sed by the TOWN BOARD on May 24 ,20 05 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body '`'` ith approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certi(v that the local law annexed hereto, designated as local law No. of 20___ of the (County)(City)(Toxxn)(Village) of was duly passed by the on 20 . and was {approved)(not approvedl(repassed after disapproval) by the and was deemed duly' adopted on 20 m accordance with the applicable provisions of law. 3. (Final adoption by referendum.) ! hereby certify that the local lax'`' annexed hereto, designated as local lax'`' No. of 20 of the {County)(CitT)(To'`'`n)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed alter disapproval} by the on 20 . Such local lilt',, was submitted to the people by reason ora (mandatory)~'pem~issive) referendum, and received the affirmative vote of a majnrity of the qualified electors voting thereon at the (general }(special)tannual} election held on 20 , m accordance x~ ith the applicable provisions of lax'`. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local lax'`, anuexed hereto, designated as local lax'`' No. of 20 of the (County)(City)(Town){ Village) of was dui3, passed by the on 20 , and was (approved}(not approved} (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petit:on requesting such referendum was tiled as of 20 .... in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or h~cludes the chief executive officer of a count3' elected on a county- w/de basis or. If there be none, the chairperson of the count3' legislative body. the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local lax'` s or ordinances. (2) 5. (City local law concerning Charter revision proposed by petitioa.) I hereby certify that the local lax,.' annexed hereto, designated as local lax,.' No. of 20 ___ of the City of having been submitted to referendum pursuant to t~.e provisions of section (36}(37) of the Municipal Home Rule [,ax:', and having received the affirmative x-ore ora majority of the qualified electors of such city voting thereon at the (special')(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certi(v that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at tile General Election of November 20 · pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affimmtive vote ora majority of the qualified electors of the cities of said county as a unit and a majonB, of the qualified electors of the towns of said county considered as a unil voting at said general election, became operative. (If an)' other authorized form of final adoption has been followed, please provide an appropriate certification.) [ further certil}; that I have compared thc preceding local law with the original on file in this office and that tile same is a correct transcript theref?om and of the whole of such original local law· and was finally adopted m thc: maturer indicated in paragraph I , aboxe. Clerk of th~ounty Icg~siafi~e~od5 'U~y. ~Yo~ or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk /Scad Date: June 2, 2005 (Certification to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK the undersigned, hereby certify' that the foregoing local I~' contains the correct text and that all proper proceedings hax e been had or taken for the enactment of thc local law 17/~reto~ title Caan~ CiD, Town of SOUTHOLD Date: June 2, 2005 (3) SOUTHOLD TOWN BOARD PUBLIC HEARING Ma.~ 24, 2005 5:00 P.M. HEARING ON"A LOCAL LAW IN RELATION TO AMENDMENTS TO THE DOMESTIC PARTNERSItlP LAW". Presellt: Supe~ isor Joshua ¥. Horton Justice Louisa [). EVallS Councihnan Thomas It. Wickham Councilman Daniel C. Ross Councilmau William P. Edwards 'loxxo Clerk Eli/abed~ A. Ne~ ille ~own Attome5 Patricia A. Fiunegan Abscnt: ('oLmcilman John M. Romanc[li COUN('ILMAN WI(~KHAM: NOTICE IS HEREB3,~ GIVEN, that there has been presented to tile ¥own Board o['the Town ot'Somhold. Su£tblk County. New York, on tile _O da5 ot Ap 1, 2005 a Local Law entitled ~A Local La~ in relation to Amendments to the Domestic Partnership Law" aod NOTICE IS HERBY FURTHER GIVEN that the Town Board of the ]7o~n of Southold ,a ill hold a public hearin~ on thc albresaid Local Law at the Southold To~ n Hall. 53095 Main Road, Southold, Nex~ York, on tile 24~' of May, '20115 at 5:00 p.m. at xx hich time all intcrested persons xx ill be gix cn all opportunity to be heard. The proposed Local Law entitled, "A Local Law ill relation to Amendments to the Domestic Partnership Law" reads as follox~s: LOCAL LAW NO. 2005 A Local Law cntilled. "A Local Law in relation to Amendments to the Domestic Partnership Law". BE IT ENACTED by the Tov~n Board of the To'a n of $outhoh. t as Follows: Purpose - Tile Town of Southold Domestic Parmership registry is available [o unman'led persons ~xho, among other reqnirements~ are in committed relationships of mutual support. This amcndmcm would extend the availability of the registry to domcslic parmers where one, rather than both persons. maintains a legal primar5 residence wilhin the Town of Soulhold, but will continue to require that both persons sharc that residence. Chapter 39 of tile ('ode of thc Tc.x~ n of Southoh. l is hereby amended as tbllox~ s: ~ 39-3. Requirements. A domestic pm~tnership shall exist between txx o persons if tile tblloxx [rig is true: May ._4. ~ I( > ' Public Hearing-Amend I)omestic Parmership F. One ot't~he persons currently maintains sha:'e a primary residence x~ ithin the Towr, of Southold and declares dmt he or she ~ intend~ to do so fi)r the indefinite titan'% and bothpersons share tbat residence. SEVER~BILITY If any clause, senlence, paragraph, section, or pa~ of tiffs Local Law shall be adjudged by any couff of competent jurisdiction ~o be invalid, the judgment shall not ai'lbct the x aliditv of tiffs max, as a xx hole or any part thereoFother than the part so decided to be tmconstitutiolml or in\ alid. EFFECTIVE DATE This Local Law shall take eft~ct immediatel5 upon filing with the Secretar3 of State as provided by lax\. COLiNCILMAN W[CKHAM: [ bare notice that ii has appeared as a public notice in the local ne xspapc~s, it has appeared (Ill tile 'lown Clerk's bulletin board outside and [ don't th,n\ I haxe an\ further letters or records. SLIPERVISOR HORTON: Thank you, Councihmm Wickham. Would an3bod,,, care to be heard on this matter? Yes, Mrs. Egan. JOAN EGAN: Good evellin~o, a,,ain. NtLmber one. have we had an\ salne sex mmziages here vet or has [l~e Board of Itealtb approx ed of il... SIJI)ERV[S(-/R HORTON: This doesn't relate to marriage, Mrs. Egan. MS. EGAN: It matters to the... sLrPERVISOR HORTON: This does nol relate to marriage. MS. [!(}.AN: It doesn't? SUPERVISOR HORTON: No. it does not. MS. EGAN: Just relationships'.' SLrPERVISOR HORTON: That is correct. MS. EGAN: I sec. They don't need to be living itl thc same residence, there is no problem xdth the Board of Health and there have been no same sex marriage, so I don't think >ou can do i~ here. can you? No. SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anybody else care to be heard on this mailer'? Mr. Simon. MI('HAEL SIMON: Michael Simon Ii'om the Anti-Bias Task Force. I ,.,.'as not on the Anti-B/as Task Force at thc time tiffs original motion was proposed and enacted and my tmderstanding of lhis is that this is a rather minor adjustme,t, tweaking of it. in order to take care of previously un-anticipated difficulties. Mainly where one of two members of a stable partnership has fbr ;arious, For legal or May 24.2(/05 Public Hearing-Amend Domestic Partnership other reasons, ttnable to declare ti'tis as a primary residence. The t:act that they are to;gether, the fact that one of them is the ox,,ner, as itl any other kind of legal protection of co-occupants of an apartment, should bc extended to this pmticuktr case. .And so. [ am axxare o[ although I don't haxe direct experience `.xith pa~xicularly anomalous situations xx hich x`.ould make it impossible for people who satisO' all of tile requirements and all of tile intern of this purpose except tot- the technical fact that one of tile two members cannot declare the Town of Southokt as a primar3 residence, I think this amendment should be approx ed. SUPERVISOR HORTON: Thank you. sir. response} We ,.','ill close this hearing. Would an3body else care to be heard on this matter'? (No Elizabeth A. Neville Southold Tm`.n Clerk LEGAl, NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBx' GIVEN, flint there has been pre- sented to thc To~ n Board ol thc Town of Sonthold. County. New York, on the 26m day ol~ April. 2005 a Local t. aw en'~itled "A Local Law in rela- tion to Amendmeuts to the Domestic Partnershin La*C' and NOTICE IS HERB",' FUR- THER GIVEN that tile Board of thc Town of Sonthold will hold a public hearing on the aforesaid Local Law itt the Southold Toxin Hall. ':,3005 Main Road, ~S, gnthold. Nc~x York, on tile 24tn of Ma) 201}5 at 5:00 p.m. at M/ich time all interested persons x~.ill bc given an opportunit3 to be beard. The proposed Local La,a enti- tled, ~A_ Local Law in relation to Amendments to the ~J0mestic Partnership Law" reads as follows: LOCAL LAW NO. 2005 A Local La~ entitled. Local Law in relation to Amendments to the Domestic ~artnershi La~'_'. BE IT ENACTED b3 the Town Board of thc Toxin of Southold as follow, s: Purpose - Thc Toxin of Southold Domestic Parmcr~hip registtT i~ available to unmar- ried persons x~ho, among other requirements, are ill conlnlitted relatiooships of mutual 5npport. This amendment ~otlltl extend thc availability of thc regi~,tL',' to dontestic partner~ where one, ratlter than both persons, ntain- tains a legal primaD: residence within the Town of Southold. but will continue to require both persons share that resi- dence. Chapter 39 of rite Code of the Town of Sotlthold is hereby atnended as follox~.-,: § 39-3. Requirements. A domestic partnership shall exist beixveen two per.,ons if the tbllowing is tree: F. One of _t:ghe per~ons currently maintains xl:arc a pti- mary residence within tile I-ox~n of Southold and declare=~ that or she the.,,, intcnd_~ to do so for /he indefinite flaure~ and both persons s};are that residence. SEVERABILITY If any clause, sentence, piLl'a- ~ral~h, section, or part of this mtv court of compete i fioil to be invabd, thc ~ c ~ ~cnt shall not aflbct the xal/tfi}~ of this hw as a whole or am 'pall thereof other than thc pJnl ~o decided to bcu constitutmna[ or invalid. EFFECTIVE DATE Thi~ Local Laxx shall lake eflbcl immediately [lpOll filing provided by la~. - Dated: Ai~ri[ 26. 2005 BY ORDER OF ] HE I'( )k~ N BOARD OF Tile TOkkN q( ~U l [ l( )1 D ['hTabclh Ncx illc Tm~ tlc~k COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn~ says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each ~veek for.... ,,~ ...... week(s) .~successively, commencing on the ...... L,.' ........ day of ................................ ,2005. .... '.i..j ........... ~:', . ... .t. :-~ Sworn to before me this.~.....day of ..... . .,C~..4~ ........ ,2005. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk Count3.' Commission expirex May 06, 2006