HomeMy WebLinkAboutLL-1998 #13Local Law Filing
NEW YORK'~,~ATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANy, NY 12231
(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 anddo not use
italics or underlining to indicate new matter.
.¢~x o~ .... .S_o_u.t_.h_p~_d. ......................................................................
Town
Local Law No .............. _1._3. ................... of the year 19--~-~-
Preservation Fund as authorized by NewYOi~k State Town"Law
._s_e.cti__o.n___.6..~_-.e__.t.o..,a.__dy..i.s._e.. the Towr} Bo_a__r_d__.o_n__~.r_o.o~__o'.s_e_.d__a_c_cl_u.i__s_i_t.i.o_n__s' ....
~of interest in real .p.r..ol~_e.r_t_x usinq m..o_pie_.s__f_r.g..m...t_h.e.._S_o__u._t.h_o_l_d' ..........
Community Preservation Fund.
e Town Board
Be il: hatted by the ................................................... of the
~tt~ ,,r Southold
Town v~ .................................................................................. as follows:
LOCAL LAW NO. la -1998
A Local Law to establish an Advisory Board for the Southold Community
Preservation Fund as authorized by New York State Town Law section 64-e to advise the
Town Board on proposed acquisitions of interest in real property using monies from the
Southold Community Preservation Fund.
BE IT ENACTED by the Town Board of the Town of .Southold as {ollows:
The Southold Town Code is hereby amended by adding a new Article to Chapter 6,
to be Article Ill, Community Preservation Fund Advisory Board, Article Iii to read as follows:
(If additional space is needed, attach pages the sam~ size ns this sheet, and number each.)
'
! tx>s-,_3, (~-v. ?,~0 ·
ARTICLE III
Community Preservation Fund Advisory Board
§§ 6-56 through 6'59 (reserved)
§ 6-60 Commur{ity Preservation Fund Advisory board established.
The Town of Southold Community Preservation Fund Advisory Board is
hereby established,
The purpose of the Advisory Board is to review and make recommendations
on proposed acquisitions of interests ir~ real property using monies from the
Community Preservation Fund.
%
The Advisory Board shall act in an 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 majodty of the members appointed shall have demonstrated experience
with conservation or land preservation activities. In addition, at least one (1)
member of the advisory board shall be an active far~-r~er.
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
Community Preservation Fund Advisory Board.
· ~ 6-51 through 6-63 (reserved)
§ 6-64 SEVERABIMTY:
If any clause, sentence, paragraph, section, or part of this Article 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.
§§6-55 Effective Date:
This Local Law shall take effect immediately upon filing with the Secretary of
State as provided by law.
Southold Town Clerk
August 25. 1998
- la-
(Complete the certification In the paragraph that applies to the filing of this local law and
strike ~6t that Which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, desi ated as local law No ............... _1__3_ .................of 19ill.__
of the (~~own)~ of .... -S--°-'u-'-t-h--°-I-t--~. - ............................................ was duly passed by the
-----T--°--w--n---~9-a-E-d---'--' ................ : ....on ..AglOu~.t_2_~ 19 9_~., in accordance with the aPplicable provisions of law.
(Name of Legislative Body)
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 19-: ....
of the (County)(City)(Town)(Village) of ............................................................... was duly passed by the
............................................... on ................. 19 ---, and was (approved)(not approved)(repassed after
¢3I~me of .£egislative Body)
disapproval) by the ................................................ and was deemed duly adopted on ............... 19 ....,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................................. of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repassed after
(Name of Leglslatiue Body)
disapproval) by the .................................................. on ................... 19 ..... Such local law was submitted
(£lecti,.e Chief ~xtcutlve
to the people by reason of a (mandatory)(perraissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (generalXspecial)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to pecmissive referendum and final adoption because no va[id petition was Fried requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................. of 19 ......
of the (County)(City)(Town)(Village) of .............................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was tiled as of .................. 19---- , in
accordance with the applicable provisio~ns of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, If there be none, the chairperson of the county 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 laws or ordinances.
(2)
5. (Clt~ local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
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)(geneml) election held on ................... 19 .... ,
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 19 .....
of the County of .................................................... State of New York, having been submiRed to the electors
at the General Election of November ..................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the a fflrmative vote of a majority of the qualified electors of the cit-
ies 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 forai of final adoption has been followed, please provide an appropriate certification.)
(Seal)
I further ce~y that I have compared the preceding local law with the original on file ia 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 in-
dicated in paragraph ...... _1_ .... , above.
Clerk of tl~County legislative body, CRy, ~own or V'dlage Clerk
or officer designated by local legishfive ~
Elizabeth A. Neville, Town Glerk
Date: Auqust 27, 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
Coobr[~ OF
I, the undersigned, hereby certify that the foregoing local law con. ct,~ the correct text and that all proper proceedings
have been had or taken for the enactment of the local~ig~ature ~ ~law anne~cJ/hemto.. ~
Gregory F. Yakabos~, Town Attorney
Title
Town
Date:
Southold
August 27, 1998
(3)
ALEXANDER F. TREADWELL
SECRETARY Of STATE
STATE Of NEW YORk
DEPARTMENT OF STATE
ALBANY, NY ! 2231-0001
RECBVm
EEP 1 5 1991S
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
September 10, 1998
RE: Town of Southold, Local Law 13, 1998, filed 08/28/98
The above referenced material was received and filed by this office as indicated. Additional local
law filing forms will be forwarded upon request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
primed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
AUGUST 18, 1997
8:12 P.M.
ON ESTABLISHING AN ADVISORY
PRESERVATION PROJECT PLAN.
Present:
BOARD
Absent:
FOR THE COMMUNITY
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Justice Louisa P. Evans
Councilman William D. Moore
SUPERVISOR COCHRAN: We will move on to the hearing on establishing an
advisory board for the Community Preservation Project Plan, and it will be
read by Councilwoman Hussie.
COUNCILWOMAN HUSSIE: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the Ltth day of August, 1998, a Local Law entitled,
"A Local Law in Relation to Creating and Establishing An Advisory Board
(to be known as the "Community Preservation Fund Advisory Board")
pursuant to Section 6Lt-e of the New York State Town Law. The purpose of
the Board would be to review and make recommendations in an advisory
capacity to the Town Board on proposed acquisitions of interests in real
property using monies from the Southold Community Preservation Fund.
Notice is further given that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 18th day of August,
1998. at 8:12 P.M., as the time and place for a public hearing on this
Local Law, which reads as follows:
A Local Law to establish an Advisory Board for the SouthOld Community
Preservation Fund as authorized by New York State Town Law section 64-e
to advise the Town Board on proposed acquisitions of interest in real
property using monies from the Southold Community Preservation Fund.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
pg 2 - PH ......
A Local Law to establish an Advisory Board for the Southold Community
preservation Fund as authorized by New York State Town Law section 64-e to advise the
Town Board on proposed acquisitionS of interest in real property using monies from the
SouthOld COmmunity preservation Fund.
BE IT ENACTED by the Town Board of the Town of .Southold as {ollows:
The Southold Town Code is hereby amended by adding a new Article to Chapter 6,
to be Article III, Community Preservation Fund Advisory Board, Article III to read as follows:
ARTICLE III
Community Preservation Fund Advisory Board
,~ 6-56 through 6-59 (reserved)
§ 6-60 Community Preservation Fund Advisory board established.
A. The Town of Southold Community Preservation Fund Advisory Board is
hereby established.
B. The purpose of the Advisory Board is to review and make recommendations
on proposed acquisitions of interests in real property using monies from the
Commun~y Preservation Fund.
C. 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 beard.
A majority of the members appointed shall have demonstrated experience
with conServation or land preservation 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
Committcc as the members of the Advisory Board. Appointees to the Land
Preservation Committee shall serve concurrently as members of the
Community Preservation Fund Advisory Board.
pg 3 - PH .....
6-61 through 6-63 (reserved)
§ 6-64 SEVERABILITY:
If any clause, sentence, paragraph, section, or part of this Article shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not affec~ 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:
This Local Law shall take effect immediately upon filing with the Secretary
of State as provided by law. Copies of this Local Law are available in the
Town Clerk's Office to any interested persons during regular business
hours. Dated: August 10, 1998. Elizabeth A. Neville, Southold Town
Clerk." I have an affidavit that this was published in The
Traveler-Watchman, also that it has been posted on the Town Clerk's
Bulletin Board, and there is no correspondence.
SUPERVISOR COCHRAN: Thank you, Alice. I will entertain comments,
either pro or con, on the hearing on establishing an advisory board for
Community Preservation. (tape change) Start with a completely fresh new
committee. We felt that it would be an additional charge given to the Land
Preservation Committee, and they have accepted to serve. We had two
vacancies, which we just filled after interviews, so the committee is now
fully staffed, and they will be handling the plan project.
STUART LOWRY: Just to put it in context. Most people here probably
appreciate the context, but there is already open, if I understand
correctly, a hearing which is related to this, and a series of local laws,
which each town must pass in order to create the necessary circumstances
for a referendum to approve the TownWs Community Preservation Fund
transfer fees structure, and that is what everyone will vote on November
3rd. What we are doing at this point is establishing the local laws, which
set that up. Just so this particular local law doesn't go without
observation and comment on the context, it is part of the necessary process
by which the Town of Southold will arrive at a Community Preservation
Fund, and dollars by which it may acquire property identified in the
Community Preservation Fund project plan.
SUPERVISOR COCHRAN: Thank you, Stuart. These are all interrelated,
these hearings this evening so I think wherever you want to get up, and
speak, because the end result is going to be..they are all going to be put
together over here before before it can go on in November. So, Mr.
Huntington, if you would like to speak.
pg 14 - PH
RAY HUNTINGTON: My name is Ray Huntington. I am speaking for the
Save Open Space : Now organlzation. As you pointed out these are
interrelated items, and in general I would like to say that the Community
Preservation Fund is gOod for Southold. By itself it will not protect the
town from overdevelopment, but it is a step in the right direction, and it
seems to go well witi~ Other Preservation tools, that are part of the system
that it will really :take to do the job. The 2% fee is paid by the buyer, the
person who is moving, in. The first $150,000 on the sale of developed
property will be eXclU~ted from the fee. The Plan focuses it's attention on
the es to be
Wes
have on the
three
sitaatk
can't pass up, so. I urge
tranquility. Thank you.
preserved if Southold is to remain different from
~-ther, all of the things that we
that We need very much
)reserve our town is in this: next two or
~ that ~we might be in the same kind of a
in. We have an opportunity that we
tO take this small Step towards
SUPERVIOSOR COCHRAN: Thank you, sir. Is there anyone else that
woUld llke to speak 'on the establishing of an advisory board? (No
response.) If not~ '1~ will close the hearing.
Southold Town Clerk
PI'III.lC ..% (.)'£ I C I']
IIF.'I,JI':I~,Y (;l~,'[.'r~ 111~1 Ihere
h:l~ been .'~re~en
Sul'l't.)lk ('O11111.%. ~0~,~ York. OI1
Illc 4th, ~.1~].'. ol' /~,tJgtl.%l 1998.
i,oca'l' I.:~','. erllitlcd, "A' I.ocal
I;a~T iii Relaliim (o.(]reJllill~
,nd I,:.~r',ldi,~hi~ .~.11 :~,ll~
JJlilird I(i lie J~n(l~fl '-I~ 'lhe
"C(llilm u ilil'¥ i~re,e, el-~ a lioll
I.'uild,:.~(J~'i~(ll~) JJmiril") pursu-
[litl il) S¢cliou 64-c ~)1' Ih~:
~ ork..%l:ile..'l'~wn Io,'lw Ih~'pur-
po~e ~q' Ih'~
i'~', J~.~.' ;.iii(] ii1~1k~ ITRCOllll11¢lld;I-
Ij~.)n,<,.il'l Ii11 ,'ld~,.J-,ol'~ ¢~.iD,'I(:JL~' 1()
LII,: Town I~om'd'on pl~)poscd
quid, ilion.% ot: Jillcr(:~,l'~, iii real
properJ). Li~Jli~ lilOliiC~ from ihe
.%.'ol.llJ~()Jd ( :Oliinlr. lllil~
IJ()ii .J':ll n (.l~'
.% (,)'1'1(.'1'.'. I.$ HF:Ii.I..'I~¥'
ih¢ 'l'o~vu.ol~,%,~ul'hold:will hold
:l. pi~hlJ¢ he."u:Jn~ on (h¢.albr¢~,uid
Loc:il. I.:~lw al Ih¢'.%.'oui.hold 'l'm~ i1
Illltl. .~]095. ~,'l,'lJn Ro:id.
.%ouihokJ. l%~:~ York. olYtJ~ I ~iJl
d:iy o:1' ..'~ll~llSl. 'lg~)g. Il! J~; J'~.
p~r~ons will. be heard
~l~iil~lbl~.in ii~e' (.)l~i~ce of file
pm'~()rl~ dLii:iil~
BY Ol~i)l~R (.)1: TIlE
SOl.i'l'l[Ol.l) TOWN BOAI~D.
OF '111'K 'I'OW% O]:
S(')L,:~FItOI~D. S()U'I'~ IOI.D,
NEW YORK. : ·
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of theTRAV-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each Week for
/
/ ...weeks
successively, comme~ncing on the ....... /~...........
.........
Sworn to before me this ......... ../...2. ........ :day of
Notary Public '
BARBARA A. SCHNEIDER
NOTARY PUBUC, State of New York
No. 4806846
Qualified in Suffolk CounW /
NOTICE OF ADOPTIOB
TAKE NOTICE that after a
public heating was held by the
Town Board of the Town of
Southold on August 18, I998,
the Town Board at their meet=
lng. of August 25, 1998 hereby
,a, dopted, a local law as follows:
A LOCAL LAgr IMPOSING
A TWo PERCENT (2%) REAL
ESTATE TRANSFER TAX ON
THE CONV~Y~CE OF IN-
TEP~EST8 IN P~EAL PROP-
ERTY IN THE TOWN OF
SOUTHOLD, INCLUDING
THE INCORliORATED VIL-
LAGES THEREIN, WITH THE
P, IiVI~NI JI.~S I')I~RIVI]') I.'Rt)M
TIllS TAX T() BI! I)liPOS-
lTl:ii) IN TIll:'. SOl! I'HOI,I)
(X)MMI;NI'rY PI>,I~SI.;RVA-
TION FUND FOR THE PUR-
POSE OF PRESERVING
OPEN SPACE AND HIS-
TORIC PLACES WITHIN THE
TOWN" amending the Code of
the Town of S°Uth01d by add-
ing anew Article IV to Chapter
6 (Community Preservation
Fund) imposing a 2% real estate
transfer tax on Ihe conveyance
of interests in real property in the
town, with Iht revenues Ihcre-
from to be depo~itedtn the Town
o f Sot,fl~old Community Preser-
w, tmn Fund for the parpose of
preserving agricultural lands.
Ol,.'n .~p:u',.'..,i,,ni"ic.ml n: !m:Ll
::I,'iP.. ,lllk: ' MOl ',' pi:l.':', 'o,
· e toweL" -
This L' ocal Law shall take
feet on March 1, 1999, after ap-
vroval at the general election to
:be held.on November 3,- 1998:by
the'affirmative vote of a major-
ity of the qualffied e!ect0rs'ofthe
Town of Stuthold-and filing
with the. Secretary of State; and
provided further that the real
estate transfer tax imposed by
· dds Article. shall expire and be
deemed repealed as to any con-
veyance t~ing place after De-
cember 31, 2010:
Copies of the local law, Spon-
sored by Supervisor 'Jean W.
Cochran, Co._uncilman William
D. Moore, l~rian'C. Murphy,
Councilwoman Alice J. Hussie,
-and John M. Romanelli, are on
file in the Town Clerk's office,
Monday through Friday, from
8:00 A.M. to 4:00 P.M.
BY ORDER OF THE
TOWN BOARD
TOWN OF SOUTHOLD,
NEW YORK
ELIZABETH A. NEVILLE,
TOWN CLERK
IX-9/3/98(281)
COb~N]'Y OF SUFFOCK
STATE OF NEW YORK ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRAV-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each 'week for
/
................................................... weeks
successively, comm~encing on the ..... .?... ...........
day of.:..,;:'.? ........ ~_ ."5'...~/~..-c. .... 1
9 ~.'~.
Sworn to before me this ........ .-.?. .............. day of
............................... : ...... .......
Notary Public
BARBARA ~. SCHNEIDER
NOIAR¥ HJBUC, State 0!
No.
~ualified in Suffolk Cou~ i/
Commission Expires