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HomeMy WebLinkAboutLL #11 2014 SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2014 7:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:06 PM COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7t" day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption." RESOLVED 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 21" day of October, 2014 at 7:34 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 Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 17, Communitv Preservation Fund, in connection with First Time Homebuyer Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance with the recent amendment to New York State §1449-ee(4). Chapter 17 Amendments, First Time Homebuyers 2 October 21, 2014 II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. As used in this ai4iele, the following words and ter-fns shall have the meanings . Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language unabridged (or latest edition). FIRST TIME HOMEBUYER - A person who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-year period prior to his or her purchase of the primary residential property, and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY—Any one or two family house townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. §17-25. Additional exemptions. A. There shall be allowed an exemption of$150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of$75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C. There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program (SONYMA) in the non-target one-family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer's household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target, one and two person household category for Suffolk County in effect on the contract date for the sale of such property III. 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 any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a copy of the signed and notarized document for the public hearing advertisement in the Suffolk Times, also an affidavit that it was posted on the Town Clerk's bulletin board. And Chapter 17 Amendments, First Time Homebuyers 3 October 21, 2014 that is everything. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? (No response) This hearing was closed at 8:07 PM YLAZ��—C EliiAeth A. Neville Southold Town Clerk STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE November 3, 2014 RECEIVED Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Street PO Box 1179 Southold Town Clerk Southold NY 11971 RE: Town of Southold, Local Law 11 2014, filed on October 31, 2014 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 WVWV.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV o�O411FfO1,�-�O ELIZABETH A. NEVILLE, MMC �Z• r/y Town Hall,53095 Main Road TOWN CLERK C %� P.O.Box 1179 CA 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .F Fax(631) 765-6145 MARRIAGE OFFICER �' 0� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��.� `j►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM679787866US October 30, 2014 Express Mail RE: Local Law No. 11 of 2014 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 11 of 2014 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, -0�4'x�M L4AJ'- Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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 and do not use italics or underlining to indicate new matter. ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village Local Law No. 11 of the year 2014 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption Be it enacted the Town Board of the: "+ ❑ County ❑ City 2 Town of SOUTHOLD ❑ Village I. Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance with the recent amendment to New York State §1449- ee(4). 1I. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: X17-4. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). FIRST TIME HOMEBUYER - A person who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-year period prior to his or her purchase of the primary residential property, and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY—Any one or two family house, townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. (If additional space is needed, attach pages the same size as this sheet,and number each.) I)OS-239(Rev.05/05) 1 §17-25. Additional exemptions. A. There shall be allowed an exemption of$150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of$75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C. "There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program (SONYMA) in the non-target one-family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer's household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target, one and two person household category for Suffolk County in effect on the contract date for the sale of such property. III. 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 any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 (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.) 1 hereby certify that the local law annexed hereto, designated as local law No. 11 of 20 14 . of the (Town) )of SOUTHOLD was duly passed by the TOWN BOARD on October 21 20 14 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 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 20 of the (County)(City)(Town)(V il]age) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) 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, If there be none, the chairperson of the county legislative body, the mayor of a 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. 3 5. (City local law concerning Charter revision proposed by 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 there from and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph I above. C er o e)County legis ative bo y. City. Town or (Seal) Village Cerk or officer designated by local legislative body Elizabeth A. Neville,Town Clerk Date: October 28,2014 (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law contin�orrec3te ndthat all proper proceedings have been had or taken for the enactment of the local law annexed&1egan, Signatur Martin Town Attorney Stephen F. Kiely,Assistant Town Attorney Title Town of SOUTHOLD Date: October 28,2014 4 Southold Town Board - Letter Board Meeting of October 21, 2014 RESOLUTION 2014-849 Item # 5.32 a`�° oaf ADOPTED DOC ID: 10185 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-849 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2014: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7t day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption.", and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption" reads as follows: LOCAL LAW NO. 11 of 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance with the recent amendment to New York State §1449-ee(4). 11. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. As used in this ai4iele, the following wor-ds and terms shall have the meanings indioat Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). Generated October 23, 2014 Page 37 Southold Town Board - Letter Board Meeting of October 21, 2014 FIRST TIME HOMEBUYER - A person who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-year period prior to his or her purchase of the primary residential roperty and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY—Any one or two family house, townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. §17-25. Additional exemptions. A. There shall be allowed an exemption of$150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of$75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C. There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program SONYMA) in the non-target one-family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer's household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target, one and two person household category for Suffolk County in effect on the contract date for the sale of such property. III. 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 any part thereof other than the part so decided to be unconstitutional or invalid. IV. 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated October 23, 2014 Page 38 Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Tuesday, October 28, 2014 11:27 AM To: Rudder, Lynda Subject: RE: LL#11.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code Supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersuPP(o)generalcode.com 1 I #11921 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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) successfully commencing on the 16th day of October, 2014. e'1'zt_�� Principal Clerk Sworn to before me this day 0 of 2 14. LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been pre- sented to the Town Board of the Town of Southold,Suffolk County,Newyork, on the 7th day of October,2014,a Local Law entitled"A Local Law in relation to aHINA VOLINSKI Amendments to Chapter 17 Communi- NOTARY PUBLIC-STATE OF NEW YORK tv Preservation Food_in connection with N a. O 1 VO61 05 050 First Time Homebuyer Exemption:, RESOLVED that the Town Board of Qualified in Suffolk County the Town of Southold will hold a pub- My Commission Explrt�,s Fetowary 28, 2016 lic hearing on the aforesaid Local Law at the Southold Town Hall,53095 Main Road,Southold,New York,on the 21st day of October, 2014 at 7:34 pm. 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 Amendments to Chapter 17, Community Preserva- tion Food.in connection with First ruse Homebuyer Exemption" reads as fol- lows: LOCAL LAW NO. 2014 A Local Law entitled,"A Local Law in relation to Amendments to Chapter 17, Community Preservation Maul. in connection with First Time Homebgr Eumption". BE IT ENACTED by the Town Board of the Town of Southold as fol- lows: I.Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers,certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preser- vation Fund transfer tax in accordance with the recent amendment to New York State§1449-ee(4). IL Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. indieated: Unless o erwi a c=e§ecaIy stated the followmg terms shall for the purpose of this Chapter.bay rhe meanings as here- in-defined. ereindefined. Any word or term not noted below shall be used with a meaningas defined in Webster's Third New Inter national Dictionary of the English Lan� guage unabridged(or latest editionl _FIRST TIME HOMEB YER A person who has not owned a primary residential property and is not married I"person who has own siden tia�ropg uring the three year pe riod prior to his or her purchase of the primary residential prgperty,and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROP - EM—Any one or two family house t9wnhouse or condominium located in the Town of SQUI old which is to be 9Wner occupied by such hom bey . §17-25.Additional exemptions. A.There shall be allowed an exemp- tion of$150,000 on the consideration of the conveyance of improved real prop- erty or an interest therein. B. There shall be an exemption of $75,000 on the consideration of the con- veyance of unimproved real property or an interest therein. C.There shall be allowed an exemp tion for a first time homebuyer where the purchase price of the primary esi dmfidl property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agen Low Interest Rate Mortgage Prop-ram (SOTNyMAi ) in the non target one family categories for Suffolk County in effect on the contract date for the sale of such pr d the homebuyer s household income does not exceed the income limits defined by SONYMA's Low Lnterest Rate Mortgage Pr_gram in the non-target one and two person household categga for uffolk County in effect on the contract date for the sale of such promirtY HL 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 any part thereof other than the part so decided to be unconstitutinn- VVV/r / 1 VI VVI 1 VLrXJ - - Karen Kine of Mattituck, in said county, being duly sworn, says that 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) successfully commencing on the 16th day of October, 2014. Principal Clerk Sworn to before me this (�> U day of 2014. LEGAL NOTICE NOTICE OF PUBLIC HEARING - WHEREAS, there has been pre- sented to the Town Board of the Town of Southold,Suffolk County,New York, on the 7th day of October,2014,a Local Law entitled"A Local Law in relation to GHRISTINA Amendments to Chapter 17 Commuai- NOTARY PUBLIC-STATE OF NEW YORK tv Preservation Fund_in connection whh First Time Homebuyer Exemption." No. 01V06105050 RESOLVED that the Town Board of Qualified in Suffolk County the Town of Southold will hold a pub- bly Commission Expifes Febwary 28, 2016 lic hearing on the aforesaid Local Law at the Southold Town Hall,53095 Main Road,Southold,New York,on the 21st day of October, 2014 at 7:34 pm. 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 Amendments to Chapter 17 Community Preserve tion Find.in connection with First Time Homebuyer Exemption" reads as fol- lows: LOCAL LAW NO 2014 A Local Law entitled,"A Local Law in relation to Amendments to Chimter 17. Community Preservation Fend ..� connection with First Time Homeb�r Eze u". BE IT ENACTED by the Town Board of the Town of Southold as fol- lows: I.Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers,certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preser- vation Fund transfer tax in accordance with the recent amendment to New York State§1449-ee(4). IL Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. iadieated Unless otherwise expr sslystated rt, following Lums shall for the.parpose of tbts Chapt *haYt the meanings as here m defined Any word or term not noted below shall be u ed with a meaning as defined to Webster's Third New Inter- national Dictionary of the English Lan- guage.unabridged(or latest edition). FIRST TIME HOMEBUYER A person who has not owned a primary, residential property and is not married to a person who has owned a residen- tial property uri g the three y gr pe- riod prior to his or her purchase of the primary residential property,and who does not own a vacation or imyeatment home. PRIMARY RESIDENTIAL PROP- ERTY—Any one or two family house townhouse or condominium located in the Town of Southold which is to be _owner occul2ieg by such homebuyer. §17-25.Additional exemptions. A.There shall be allowed an exemp- tion of$150,000 on the consideration of the conveyance of improved real prop- erty or an interest therein. B. There shall be an exemption of $75,000 on the consideration of the con- veyance of unimproved real property or an interest therein. C.There shall be allowed an exemn_ tion for a fir t i e homebuyer where the purchase price A the primary resi denhal prosy is within sixty percent of the purc_base price limits defined b the State of New York Mortgage Agency Low Interest Rate Mortgage Program UiONYMA) in the non-target one family categories for Suffolk C unty in effect on the contract date for the sale of such property a d the homebuyer'. household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target one and two 1mrson household category for Suffolk County to effect on the contract date for the sale of such prol&ML III. 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 any part thereof other than the part so decided to be unconstitution- al or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: October 7,2014 BY ORDER OF THE TOWN BOARD OFTHETOWN OFSOUTHOLD Elizabeth A.Neville Town Clerk 119214T 10/16 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 101h day of October , 2014, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH 10/21/14 7:34 pm—LL in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption lizabeth A. Neville Southold Town Clerk Sworn before me this 10th day of October , 2014. t Vk e 'n'1 Notary Public LYNDA M. RUDDER Notary NPublic, State of o.01 W York RU6020932 aualified in Suffolk County Commission Expires March 8,20 !S SUMMARY OF LL/FIRST TIME HOMEBUYER CPF TAX EXEMPTION THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 17 ENTITLED "COMMUNITY PRESERVATION FUND" TO ADD THE RECENTLY ENACTED EXEMPTION FOR FIRST TIME HOMEBUYERS TO OUR CODE SO THAT IT IS CONSISTENT WITH THE PROVISIONS OF SECTION 1449-ee(4) OF THE NEW YORK STATE TAX LAW. SPECIFICALLY, CERTAIN FIRST TIME HOMEBUYERS MAY BE EXEMPT FROM THE PECONIC BAY REGION COMMUNITY PRESERVATION FUND TRANSFER TAX IF THEIR INCOME AND THE PURCHASE PRICE SATISFY THE THRESHOLDS IN THE LAW. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7l" day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption." RESOLVED 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 21" day of October, 2014 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local I,aw entitled, "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 17, Communitv Preservation Fund, in connection with First Time Homebuyer Exemption". BE IT ENACTF,D by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance, with the recent amendment to New York State §1449-ee(4). I1. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. n:� n ��ccl in-this s u�-a�,•t• the follo ,-,ate n ter-nis shall have the o�rii_n¢c = rn - ra; „ted: nR�: Unless otherwise expressly stated, the following terms shall, for the purpose of this _Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). FIRST TIME IIOMEBUYER - A person who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-yearperiod rior to his or her purchase of the primary residential property, RESOLUTION 2014-819 � e�W ADOPTED DOC ID: 10158 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-819 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2014: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7` day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption." RESOLVED 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 21s' day of October, 2014 at 7:34 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 Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance with the recent amendment to New York State §1449-ee(4). II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. As tised in this a4iele, the fallowing words and temis shall have the meanings . Unless otherwise expressly stated the following terms shall for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). FIRST TIME HOMEBUYER - A person who has not owned a primary residential property is not married to a person who has owned a residential property during the three-Year period Resolution 2014-819 Board Meeting of October 7, 2014 prior to his or her purchase of the primary residential property, and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY—Any one or two family house, townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. §17-25. Additional exemptions. A. There shall be allowed an exemption of$150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of$75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program (SONYMA) in the non-target one-family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer's household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target one and two person household category for Suffolk County in effect on the contract date for the sale of such property. III. 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 any part thereof other than the part so decided to be unconstitutional or invalid. IV. 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 10/7/2014 1:17 PM by Lynda Rudder Page 2 Southold Town Board - Letter Board Meeting of October 7, 2014 .s RESOLUTION 2014-819 Item # 5.36 E ADOPTED DOC ID: 10158 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-819 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2014: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7' day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption." RESOLVED 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 21" day of October, 2014 at 7:34 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 Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance with the recent amendment to New York State §1449-ee(4). II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. As used in this ai4iele, the following wofds and terms shall have the meanings indie Unless otherwise expressly stated the following terms shall for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Generated October 7, 2014 Page 46 Southold Town Board - Letter Board Meeting of October 7, 2014 unabridged (or latest edition). FIRST TIME HOMEBUYER - A person who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-year period prior to his or her purchase of the primary residential property, and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY—Any one or two family house, townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. §17-25. Additional exemptions. A. There shall be allowed an exemption of$150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of$75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C. There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program (SONYMA) in the non-target one-family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer's household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target one and two person household category for Suffolk County in effect on the contract date for the sale of such property. III. 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 any part thereof other than the part so decided to be unconstitutional or invalid. IV. 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated October 7, 2014 Page 47 Southold Town Board - Letter Board Meeting of October 7, 2014 gUFfO(-�' RESOLUTION 2014-819 Item # 5.36 yQq ADOPTED DOC ID: 10158 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-819 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2014: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7' day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption." RESOLVED 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 215' day of October, 2014 at 7:34 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 Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance with the recent amendment to New York State §1449-ee(4). II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. As used ift this affiele, the foliowing words and tefms shall have the meanings indie Unless otherwise expressly stated the following terms shall for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Generated October 7, 2014 Page 46 Southold Town Board - Letter Board Meeting of October 7, 2014 unabridged (or latest edition). FIRST TIME HOMEBUYER - A person who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-year period prior to his or her purchase of the primary residential property, and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY—Any one or two family house, townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. §17-25. Additional exemptions. A. There shall be allowed an exemption of$150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of$75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C. There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program (SONYMA) in the non-target one-family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer's household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target, one and two person household category for Suffolk County in effect on the contract date for the sale of such property. III. 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 any part thereof other than the part so decided to be unconstitutional or invalid. IV. 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated October 7, 2014 Page 47 and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY—Any one or two family house, townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. §17-25. Additional exemptions. A. There shall be allowed an exemption of$150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of$75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C. There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program SONYMA) in the non-target family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer's household income does not exceed the income limits defined by SONYMA's Low Interest Rate Mortgage Program in the non-target, one and two person household category for Suffolk County in effect on the contract date for the sale of such property. III. 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 any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: October 7, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON OCTOBER 16, 2014, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney TC's Bulletin Board Town Website Rudder, Lynda From: Reisenberg, Lloyd Sent: Tuesday, October 14, 2014 9:34 AM To: Rudder, Lynda Subject: RE: for Publication 10/16 Posted Lloyd H. Reisenberg Network and Systerris Administrator Town of Southold, New York www.southoldtownny.pov Iloydr@southoldtownny.gov 0: 631-765-1891 ; M:63 1-879-1554 1 F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Saturday, October 11, 2014 11:41 AM To: Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Tracey Doubrava (tdoubrava(-Otimesreview.com); William Ruland Subject: for Publication 10/16 Importance: High For publication in the October 16 edition of the Suffolk times and the town website 1 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Monday, October 13, 2014 8:55 AM To: Rudder, Lynda Subject: Re: for Publication 10/16 Importance: High Thank you, Lynda.The deadline for legal notices is Monday at 3pm. We are in office for Columbus day, so you are good to go! I have 6 notices scheduled to publish in The Suffolk Times on 10/16/14. Thankyou rT,M,, REVIEW REDIA GROUP Cerria Torres Display Ad Coordinator 631.354.8011 (D) ctorres()timesreview.com legalsna timesreview.com www.timesreview.com From: <Rudder>, Lynda <Ivnda.rudder(a@town.southold.ny.us> Date: Saturday, October 11, 2014 11:42 AM To:Times Review<tdoubrava Ca@timesreview.com> Subject: FW: for Publication 10/16 Just wanted to make sure you got this so I sent it twice ;) From: Rudder, Lynda Sent: Saturday, October 11, 2014 11:41 AM To: (jim@)jamesdinizio.com); Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans (Ipevans06390(&gmail.com); Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Tracey Doubrava (tdoubrava(&timesreview.com); William Ruland Subject: for Publication 10/16 Importance: High For publication in the October 16 edition of the Suffolk times and the town website 1 Customer copy III IIII�Iillillllllllllllllllllllllllllllllllllllllllll I Label ll_F, II2004 II illli II 1111 EXPRESS EM 679787866 U S UNITED STATES POSTAL SERVICE® Post Office'ro Addrsee _ 1 .il:r�a•• . - . •• ONLY) PO ZIP Code Day of Delivery Postage Delivery Attempt Time ❑AM Employee Signature „q l ( ext ❑2nd ❑2nd Del.Day $ Mo. Day PM eduled Dat f Delivery Return Receipt Fee Delivery Attempt Time ❑AM Employee Signature Date AcIS 0 Q 1 . Month $ Mo. Da ❑PMo. Year _ Scheduled TI Uf Dglivery COD Fee Insurance Fee Delivery Date Time ❑AM Employee Signature Time Accepted /"� ❑AM 3Noon ❑3 PM $ $ Mo. Day ❑PM� LI Ilitary Total Postage&Fees Flat Rate or W ght ❑2nd Day ❑3rd Day $ # Int'I Alpha Country Code Ac c6 p.Initials 't �IWM iM�MNMM MI A, Y lbs. ozs. METHOD OF PAYMWt f 11 L� (��! Federel Agency Acct:No,a Express Mac Corporate Acct.No. 1 1 J.2 9•• Postel Service Acct.No. •y c FROM:(PLEASE PRINT) _ , TO:(PLEASE PRINT) New York State Department of State TCW14 OF SGU1'HOLI, State REcords & Law Bureau PO 80" ' $ Cine Commerce Plaza SOUT14C3IL a iJ''s' i 1< i 1' U 7r, 99 Washington Avenue ATT: Town Clerk's Office Albany, ABY 12231 L J L J