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HomeMy WebLinkAboutLL 2006 #14 , NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET. ALBANY. NY 12231 (Use tbis form to file a local law witb tbe Secretary of State.) Text oflaw should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C 8 tUN~ ~ Town of ",'illag8 SOUTHOLD LOCAL LAW NO. .J..L 2006 A Local Law entitled, "A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31,2030". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Legislative Findings. The Town Board hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two percent (2%) real estate transfer tax. Pursuant to Chapter 114 of the laws of 1998, said real estate transfer tax was to expire on December 31, 2010. The Town Board, by Local Law No. 39 of 1998, did implement the real estate transfer tax provisions of Chapter 114 of the Laws of 1998. Said Local Law was approved by electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the Town Community Preservation Fund and the real estate transfer tax went into effect on April 1, 1999. By Chapter 250 of the Laws of 2002, the State Legislature authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31, 2020, subject to mandatory referendum. The Town Board did enact Local law 49 of 2002 which provided for such extension. The voters approved the local law at the general election held November 5, 2002. The Town Community Preservation Fund has been an unparalleled success in protecting land for community preservation purposes. To date, the Community Preservation Funds in the Peconic Bay Region Towns have generated more than $375 million for community preservation. The result has been the acquisition of thousands of acres ofland for the public benefit. Authorization for the two percent (2%) real estate transfer tax will expire on December 31, 2020. The State has enacted a Chapter of the Laws of2006, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2030. (If additional space is needed, attacb pages tbe same size as this sheet, and number each.) OOS-239(Rev.ll/99) The Southold Town Board finds that such an extension is critical to the continued success of the Town's community preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation will provide more than $900 million in additional revenue for the Peconic Bay Towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund program in conjunction with low interest borrowing and other conservation strategies, the Town would be enabled to buy more land now before it is lost to development and before values escalate further. The additional ten (10) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (10) year extension. II. Extension of the Expiration Date of the Real Estate Transfer Tax. Section 17-40 of the Town Code of the Town of South old is hereby amended as follows: 917-40. Effective date; referendum requirement. This Article is subject to a mandatory referendum as set forth in 91449-bb of Article 31- D of the Tax Law. This Article shall take effect on March I, 1999, 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 filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Article shall expire and be deemed repealed as to any conveyance taking place after December 31, 2030. III. Proposition. Pursuant to a Chapter of the Laws of2006, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town at the general election to be held on November 7, 2006: "SHALL LOCAL LAW NO. 14 OF 2006, ENTITLED' A LOCAL LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND FOR TEN YEARS, UNTIL DECEMBER 31, 2030', BE APPROVED." IV. 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, 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. V. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 7, 2006 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. (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. _ of20 . of the (County)(City)(Town) (Village) of was duly passed by the On ,20_, in accordance with the applicable provisions oflaw. 2. (passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions of law. of20 was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20_ 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 06 of the (CB~ftl))(Cil>~(Town)(YillagB) of Southold was duly passed by the Town Board on September 5 20.J!L and was (approved)(.wt llflJlrli. ail)€oBJlaBBail altar iliBllflJlrB .al) by the Town Board on September 2.....20.J!2... Such local law was submitted to the people by reason of a (mandatory)(!l8_iBBi. 8) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(Bl'uial)(MUlul) election held on November 7, _20 06 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. (County)( City)(Town)(V illage) of 20 of the of was duly 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 petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, Ifthere be none, the chairperson of the county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. . 5. (City local law concerning Charter revision proposed hy petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a 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 certify 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 the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law ,and was finally adopted in the manner indicated in paragraph -1-, above. or Village Clerk (Seal) Date: November 21. 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney oflocality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing loc have been had or taken for the enactment of the localla law c 4;t~ ;orrect eX?JJ\ 'Si lure eran Corcoran Es . Assistant Town Attorne ide and that all proper proceedings rellRt~ ~ Town of ",'illags SOUTHOLD Date: November 21. 2006 I , ANITA S. KATZ DEMOCRATIC COMMISSIONER BOARD OF ELECTIONS COUNTY OF SUFFOLK P.O. BOX 700 YAPHANK, NEW YORK 11980-0700 TEL. 852-4500 ROBERT L. GARFINKLE REPUBLICAN COMMISSIONER November 20, 2006 RECEIVED NOV 2 0 2006 Honorable Elizabeth Ann Neville Town Clerk, Town of Southold Southold Town Hall PO Box 1179 Southold NY 11971 SoulhoJd Town Cler! Dear Mrs Neville: We, Robert L. Garfinkle and Anita S. Katz, Commissioners of Elections in and for the County of Suffolk, pursuant to instructions received from your office, have directed to be placed on the ballot, at the November 7, 2006 General Election, the following proposition: .. , 1 :52:31 PM Suffolk County Board of Elections November 20, 2006 Final Results For General Election held on Tuesday, November 7, 2006 SOld - (SO Transfer Tax)PROPOSAL THREE, A PROPOSITION ./ Answer Votes Share Yes 4,555 66.65% No 2,279 33.35% Voids 1 Blanks 2,204 Whole Number 9,039 19 Out of 19 Election Districts have called in + 100.00% Reporting 6,834 Out of 15,954 Eligible have pulled the Lever + 42.84% Turnout Page 1 . Therefore, we do hereby certify that the above canvass and recanvass for the General Election, held on the 7'h day of November 2006 is a true and complete copy of the original on file in the office of the Suffolk County Board of Elections. IN WITNESS WHEREOF, We have hereunto set our hands and affixed the seal of the Board of Elections of Suffolk County on November 20,2006 at Yaphank, New York Sincerely, , . , ICIA1. ~ < .. < . n.... .. ,.. " ,9.,... . <; -/ .~( Robert 1. Garfinkle Commissioner ~llU"I"(}'I;< >;) . (~{)I~j II\J tv 'M, Y. ('.) " .0 ?:l t --~ " ,t) ',J' , ".~ "'1 .......\(J- ({Pi;''' i(II,.':v ~ s. Kat Anita S. Katz Commissioner RLG/ASK/clrg 2 it. , \ " . . ~'- .! l' .J ~""""~M .....~ RECEIVED STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 OCT 1 7 2006 Soufhold Town Clerk GEORGE E. PATAK I GOVERNOR CHRISTOPHER L. JACOBS SeCRETARY OF STATE October 10, 2006 Town of Southold Town Hall 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Town of Southold, Local Law 13 & 14, 2006, filed on 9/26/2006 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 WWW.OOS.STATE.NY.US . E-MAIL: INFO@OOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING September 5, 2006 8:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 8th day of August, 2006 a Local Law entitled "A Local Law in relation to extendinl! the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31. 2030" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearinl! on the aforesaid Local Law at the South old Town Hall. 53095 Main Road. Southold. New York. on the 5th day of September. 2006 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to extendinl! the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31. 2030" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Legislative Findings. The Town Board hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two percent (2%) real estate transfer tax. Pursuant to Chapter 114 of the laws of 1998, said real estate transfer tax was to expire on December 31,2010. The Town Board, by Local Law No. 39 of 1998, did implement the real estate transfer tax provisions of Chapter 114 ofthe Laws of 1998. Said Local Law was approved by electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the Town Community Preservation Fund and the real estate transfer tax went into effect on April I, 1999. By Chapter 250 of the Laws of2002, the State Legislature authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31, 2020, subject to mandatory referendum. The Town Board did enact Local law 49 of2002 which provided for such extension. The voters approved the local law at the general election held November 5, 2002. The Town Community Preservation Fund has been an unparalleled success in protecting land for community preservation purposes. To date, the Community Preservation Funds in the Peconic Bay Region Towns have generated more than $375 million for community preservation. The result has been the acquisition of thousands of acres ofland for the public benefit. Authorization for the two percent (2%) real estate transfer tax will expire on December 31,2020. The State has enacted a Chapter of the Laws of2006, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2030. The Southold Town Board finds that such an extension is critical to the continued success of the Town's community preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation will provide more than $900 million in additional revenue for the Peconic Bay Towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund program in conjunction with low interest borrowing and other conservation strategies, the Town would be enabled to buy more land now before it is lost to development and before values escalate further. The additional ten (10) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (10) year extension. II. Extension of the Expiration Date of the Real Estate Transfer Tax. Section 17-40 of the Town Code of the Town of Southold is hereby amended as follows: S 17-40. Effective date; referendum requirement. This Article is subject to a mandatory referendum as set forth in S I 449-bb of Article 31-D of the Tax Law. This Article shall take effect on March 1,1999, 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 filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Article shall expire and be deemed repealed as to any conveyance taking place after December 31, ~ 2030. III. Proposition. Pursuant to a Chapter of the Laws of 2006, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors ofthe Town at the general election to be held on November 7,2006: "SHALL LOCAL LAW NO. OF 2006, ENTITLED' A LOCAL LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND FOR TEN YEARS, UNTIL DECEMBER 31, 2030', BE APPROVED." IV. 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, 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. V. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 7,2006 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. There is a long further list of history about this, I think it is accurate to say that this extension is being proposed and the Board is taking it up at this time because if it extends to 2030, it would give the Town and other Town's that adopted this, Southold Town is not the only town, all of the Town's that do adopt this would then have the opportunity to bond against it using the proceeds of that 2 % transfer tax to repay the bond. In other words, it gives the town more flexibility in how it would finance the acquisitions using the Community Preservation Fund. The bonding agency could then be essentially be guaranteed that this law would not sunset before the bond was fully paid up. That is the primary reason why I believe this was on the agenda tonight. That is basically all in the scope of the proposal. I have a note here that it has appeared as a legal in the Town Clerk's bulletin board. It has appeared as a legal in the local newspaper. I have one communication which was a telephone message to the Supervisor's office on September I from one Jay Mckasty of Orient. "I am against the extension of this fund. What is the rush? Why can't it be considered in 2010, not now? With the high cost ofliving and the price of gasoline, this is not the time to be making a decision like this." And I really don't have any further communications on this hearing. ASSISTANT TOWN ATTORNEY CORCORAN: One thing that should be noted is that in the event the Board elects to pass this local law, it will be subject to mandatory referendum in the November election. It will be on the ballot. SUPERVISOR RUSSELL: Would anybody else like to come up and comment regarding the 2 % extension? Melissa Spiro. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I am Melissa Spiro, the Land Preservation Coordinator. As noted, the purposes of this hearing and resolution is to extend the present Community Preservation Fund, which currently sunsets in the year 2020, for an additional 10 years to the year 2030. what I would like to do is just take this opportunity to briefly highlight what the Fund has enabled the Town to do and to voice my support and the Land Preservation Committee's support for the extension. The 2% Fund has been used to acquire development rights on farmland to acquire open space land for open space purposes for trails and passive recreation. The funds allow the Town to provide for the management and the stewardship of the properties that we acquire, that the Town acquires with the funds. To date, the 2% Fund has been used to partially or totally fund 35 completed farmland development rights projects and 24 completed open space projects. To date, over $16 million ofthe Fund has been used for the Farmland Development Rights project resulting in over 1,400 acres of preserved farmland. Over $11.5 million of the Fund has been used for Open Space projects resulting in over 350 acres of preserved open space. The total revenue from the Fund since its inception in Southold Town including interest, is over $38 million. The Town has expended over $29 million of the Fund, leaving just over $9 million available in our current 2% Fund for our preservation efforts. I did a very quick estimate of the undergoing projects that are at some stage of discussion in my office, really in my brain; on a list that I keep, stuff that we are talking about. And if all of those projects are to come to fruition, they are always changing, the amount of acres and the dollar amount, but if they all come to fruition, I came up with a potential of something over $25 million to purchase those parcels. That would be both Farmland Development Rights and Open Space. And this doesn't really include projects that are not yet on my list and could come in tomorrow. The Community Preservation Fund extension will enable the Town to continue its current preservation efforts and as Councilman Wickham mentioned, it will enable the Town to borrow against the Fund when necessary to do so. I thank the Town Board for your support of the extension and I look forward to overwhelmingly support in the referendum in November. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come before the Town Board? KEVIN MCDONALD: Good evening, I am Kevin McDonald, I serve as the Director of Public Lands for the Nature Conservancy and I came all the way from the south side on a rainy day (inaudible) to tell you that I had the great pleasure to be involved in this initiative when it began in its most iteration in 97 and 98 and I want to thank the Board for taking the action you took, those of you who were here at least, in 1998. this has enjoyed bipartisan support over years in all the Towns (inaudible). You know, there are times when you argue about how well government functions and can you function better and is everything that a government does from time to time not so good and you know, in Washington that is a big deal but this Community Preservation Fund has done everything that they said it would do. It is a generating revenue source, the best revenue source in protecting the very essence and character of the landscape that gives the communities across the east end the physical appearance that it has. We protect wetlands and beaches and farmlands and watersheds and access to waters and hiking trails and all those things that make the east end of Long Island different than the rest of the New York metropolitan area, which is the world's largest populations. And it has done good stuff. For those of you that were around in the beginning and are getting implementing today. So the Nature Conservancy is particularly interested in this being passed for a few simple reasons. The important landscapes that we are identifying as the most significant ecological resource areas on the Island are rapidly disappearing. And in the next decade we expect those most significant parcels will be protected because of actions taken by this Town Board and other Town Boards and the County or it will be gone because it will have been lost to development. So, when someone says, what is the rush? The rush couldn't be any more real. It is not like you are buying a pencil and well, if we don't buy pencils this year we can buy them next year or the year after. There will always be pencils, there won't always be the important landscapes that define the character and communities of the east end and in particular in Southold. So if you want to protect groundwater, if you want to protect open spaces, if you want to protect the quality of our bays and harbors and wetlands and beaches, I urge you to in the strongest possible way to act affirmatively on this proposal and we look forward to working with anybody so inclined on the ballot referendum this November. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this issue? Mr. Meineke? HOWARD MEINEKE: Hi, my name is Howard Meineke, I live in Cutchogue and I am a member of the North Fork Environmental Council. I am going to take about 30 seconds because Kevin certainly said everything that has to be said but the environmental organizations, the people that spend more than an average amount of time looking at the communities to see how we can save the magic that we have here realize that the Community Preservation Fund is a marvelous thing, it is certainly a high point of bipartisan success that has come out of these (inaudible). Certainly the pressure of development is getting greater and greater and greater, so it should be extended and we should have the money because you don't go around again. This is the last time, thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to comment? (No response) Hearing none, can I get a motion to adjourn? * * * * * ~~ Linda J. Cooper Deputy Town Clerk . . it-- Board Meeting of September 5, 2006 Town of South old - Letter ~ ., RESOLUTION 2006-736 ADOPTED Item # 30 DOC ID: 2128 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-736 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 5, 2006: RESOLVED that the Town Board of the Town of Southold hereby (rods that the adoption of the local law entitled "A Local Law in relation to extendine the expiration date ofthe two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten vears until December 31.2030" is classified as a Tvpe II Action pursuant to SEORA Rules and Reeulations. 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ~Q (P.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated September 6, 2006 Page 41 , e eLL--- Board Meeting of September 5, 2006 I Town of Southold - Letter .-~ lA' RESOLUTION 2006-739 ADOPTED Item # 34 DOC ID: 2129 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-739 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 5, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk COWIty, New York, on the 8th day of August, 2006 a Local Law entitled "A Local Law in relation to extendinl!: the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Communitv Preservation Fund for ten vears until December 31. 2030" and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportuoity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; now therefore be it . RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to extendinl!: the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Communitv Preservation Fund for ten vears until December 31. 2030" reads as follows: LOCAL LAW NO. ...!L 2006 A Local Law entitled, "A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with tl1e Town Commooity Preservation Food for ten years until December 31,2030". BE IT ENACTED by tl1e Town Board ofthe Town of Soutl1old as follows: I. Legislative Findings. Generated September II, 2006 Page 47 Town of South old - Lett. Boar.eeting of September 5, 2006 \ , The Town Board hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two percent (2%) real estate transfer tax. Pursuant to Chapter 114 ,:>fthe laws of 1998, said real estate transfer tax was to expire on December 31,2010. The Town Board, by Local Law No. 39 of 1998, did implement the real estate transfer tax provisions of Chapter 114 of the Laws of1998. Said Local Law was approved by electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the Town Community Preservation Fund and the real estate transfer tax went into effect on April I , 1999. By Chapter 250 of the Laws of2002, the State Legislature authorized the Towns in the Peccnic Bay Region to extend the expiration date of the real estate transfer tax until December 31,2020, subject to mandatory referendum. The Town Board did enact Local law 49 of2002 which provided for such extension. The voters approved the local law at the general election held November 5, 2002. The Town Community Preservation Fund has been an unparalleled success in protecting land for community preservation purposes. To date, the Community Preservation Funds in the Peconic Bay Region Towns have generated more than $375 million for community preservation. The result has been the acquisition of thousands of acres of land for the public benefit. Authorization for the two percent (2%) real estate transfer tax will expire on December 31,2020. The State has enacted a Chapter of the Laws of2006, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2030. The Southold Town Board finds that such an extension is critical to the continued success of the Town's community preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation will provide more than $900 million in additional revenue for the Peconic Bay Towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund program in conjunction with low interest borrowing and other conservation strategies, the Town would be enabled to buy more land now before it is lost to development and before values escalate further. The additional ten (10) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (10) year extension. 11, Extension of the Expiration Date of the Real Estate Transfer Tax. Section 17-40 ofthe Town Code of the Town of Southold is hereby amended as follows: S 17-40. Effective date; referendum requirement. Generated September 11, 2006 Page 48 .! . Town of South old - Letter . Board Meeting of September 5,2006 .' This Article is subject to a mandatory referendum as set forth in ~ I 449-bb of Article 31- D of the Tax Law. This Article shall take effect on March I, 1999, 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 South old and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Article shall expire and be deemed repealed as to any conveyance taking place after December 31, ~ 2030. 111. Proposition. Pursuant to a Chapter of the Laws of 2006, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town at the general election to be held on November 7,2006: "SHALL LOCAL LAW NO. 14 OF 2006, ENTITLED 'A LOCAL LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL EST ATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND FOR TEN YEARS, UNTIL DECEMBER 31, 2030', BE APPROVED." IV. 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, 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. V. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 7,2006 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. ~6!IfQ2;kT ;11.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated September II, 2006 Page 49 #8008 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, com~g.--on the 24th day of Auaust. 2006. Q-1f\;(QD qu ~A CQQc9- Principal Clerk Sworn to before me this 2006 clS day of ~^f"K Lhl~ Vtiuw CI:fRISTlNA VOLlNSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-Y061 05050 Quollfled In SuffOlk County Commission Expires February 28, 20r'l[' ........1'IOIlQ . --_fllIUC~ NonCE IS HEREIlY ~ there has..been presented to the Town Board of the Town of Southold~ Suffolk County, New York,.,on the 8th day of August, 2006 a Local Law entitled ~ I~ l.w ill n!Isdon to extendinIP the PYDi......n date of the two BeRent /2%\ J'eal edate tnmsf'ertax iDq)Osed in "'f'OIIIIedio. witII die To..... COlln....Dity Pr._rnado. FaIHl, for teiI ,wean, ~ n' ".-..:n.'~.ANn NonCE IS HEREBY FUK'fllER GIVEN that the Town Board of the Town of Southold will hold. nuhU" :!i:1;::;,:~t?;= u, of SeDtember~ 2006 at 8:00 o.m. at which time all intereste4~JlOns w.Ul be glvetl'ari;opf;ortWifiY'to'-biheard' . The proposed Local Law entitled, "A. 1.ocaI1..aw In I'ela1i000to pn-dl... ftiee~..aio":~_ .,." twG peuent (2% ).reaI- Mfate-........bm~~ ill connection with the ToW- r_~~ PretlerviItion FIIiId for tell vemS.amiI ~r 31. 20]0" reads'as follpws: LOCAL LAW No..--,,-2806 A-Local Law entitled.. "A Local Law in relation to extending the ~xpiration' date of the two. percent (2%) real es- 4l~ transfer tax imposed in connection with the Town Community Preservation Fund for ten years until-DeceD;lber31, 2030". BE IT ENACTED by the. Town Board of the Town of Sotithold as fol- lows: I. Legislative FIndings. The Town Boai'd hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1.998 .which authorized Towns in the Pe- eoj1!c Bar ..,g;"" to establish Commu- ~ty-PresetYation FundS for the purpose ot,y--~_":~WU'.tor~~far.nr .<" land preservation, historic preservati~, . iuid ~<and.recreation purposes. The '........'t<irAid fund was to be derived ,,,,,,,,ia: tio<\p,,,cent (2%) real estate ~.tjlL I'uta!Jant to Cbapter114 of the........qt 1~; lIOidteal....te trans- tertai ~to~ on Q<:>d>mber31, 2010, The. Thwn Board,lli Local Law No; ~ o09?$;.did iJJ>I>IemrInt the real estale _r taxprovisiOJlS o.f (;bpIer 114 oftbe Laws of1998, Said LOoai Law _ approved by electors of the lbwn in 8 mandatory referendum on November 3. 1998. Pursuant to the provisions of said Local'Law,tbe Town Community Preservation Fund and the teal estate transfer tax went into effect on April 1. 1999, By Chapter 250 of the Laws of 2002., the State Legisb.ture ,.authorized the Towns in the Peconic Bay Region to extend the expiration date of, the re:u II estaie traniier lD dID I'lrji!emb<i_, ZIlIJ,tIIbjclllto..-ry...,r.. '1J . :a..~ .......-......... of 2002 wbich piovlded-........ sion. The voters, ~pproved the lOeallaw at the general election held November 5,2002, , The Town Community PresefV4Ltion Fund bas been an uriparalleled success in protCctmg land for cori:un~ pres~ ervation purposes. To date., the Com- munity Preservation Funds in the Pe~ conic Bay Region Towns have generated more' than $375 million for community preservation. The result has been the . acquisition of thousands of acres of land for the public benefit Authorization for the two percent (2%) ~ _le'_rtax will~e - on December 31. 2020., The State has enacreo a Cluqm:a o{:the.La.W$of2006. which authorizes the 'Towns to extend the expiration date of the tax until the end of the year 2030. The Southold-Towil Board finds that such an extension is critical to the con. tinued success of the Town's commu- nity preservation goals. ,It is estimated that an a.dditional ten (10) years of the program. at current rates of revenue generation will provide DlOre'tbap $900 million in additional, revenue, for'the P~nic Bay Towns for land preserva- tion.Further, by utilizing the Southold Town Conimunity Preservation Fund program in COlljunction with low inter. ".,..t,ootroWing and, other 'conservation . : jUjltegies; the.1bwn would be .enabled fu'buy,more-Iand now before it is .lost to If';'<.111, t 'w t and before values escalate ; ........ . 'l'he: a.titionalten (10) years will provide the necessary n:venue stre~m to ftmd RICh prerervation strategies. 'l'JU!I ~ Law implements the ten (10) year eUeMion. II. Extension of the Expiration Date of the Real Estate Transfer Tax. Section 1740 of the Town Code of the Town of Southold is hereby -amend- ed as follows: ~17-40. Effective'date; referendum requirement. . This Article is subject to a mandatory referendun'1 as set forth in U449~bb of Atticie 31-0 of the Tax: Law. This Ar- ticle shall take effect on March 1. 1999, after approval at the general election to be held.on November 3.1998, by the af- firmative vote of a. majority of the quali- fied electors of the Town of Southold and filing with the Secretary of State; and provided further that the real es- tate mmsfet'tax: impOsed by this Article shall expire and be deemed repealed as to any conveyance tak.ing place after December31,~WJQ. III. Proposition. Pursuant to a Chapter of the Laws of 2006. this Local Law is subject to man. datory referendum. ' Therefore, the fol- lowing propositiOllshaU be snbmitted to the electors of the Town at1he gen- eral' electioo to be held oo.November 7,2006: "SHALl.. LOCAL LAW NO, OF 2006, EIUITLED 'A ~ LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL. ESTATE TRANSFERTAXIMPOSED IN CON- NECIlON WITH THE TOWN COM- MUNITY PRESERVATION -FUND FOR TEN YEARS, UNTIL DECEM- BER 31, 2030', BE APPROVED," Iv. SEVERABIUTY If any clause, sentence, paragraph, section, or parto! this Local Law shall be 'adjudged by any court of competent ju:mKticfioo.to be invalid, such judgment '1"liTj, -..Jllfnht ..r _ or invalidate the 1'Olnliindtt thCI'eof, but shall be coufined in ,itsopcratibn to the clause, sentence, paragraph.sectioa'"Ot part thereof di- rectly iuvolVe4t in the controversy in wlrich $iicb.,judpent shall have been ~.'..'. .V.~DATE lbiS l:..ocIJ,l t.aw sIWI take effect af- ter ~ 'l!idt iheSem:tary 01 State and after approval at the' general election to be he1don November 7, 2006 by the af- firmative vote of the,quaIified electorS of the Town' upon the proposition set forth in Section 3 of this Local Law. Dated: August 8. 2006 BY OR,DER OF THE TOWN BOARD OFTHE TOWN OF SOurnOLD Elizabeth Neville Town Clerk 8008-1T8/24 See Legals, page 46A