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HomeMy WebLinkAboutTB-08/25/1998-S AUGUST 25, 1998 SPECIAL MEETING SOUTHOLD TOWN BOARD A Special Meeting of the Southold Town Board was held on August 25, 1998, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 9:00 A.M. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy 'Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: Justice Louisa P. Evans SUPERVISOR COCHRAN: This is a meeting of the Southold Town Board, August 25, 1998, for the purpose of passing four laws, which relate to the Community Preservation Fund. I have to stop and think, because I always want to say, 20, that- is what we all know it as, and understand that it will say 2% on the ballot, because they feel most people know it as the 2% Bill. So, we have resolutions to pass. I guess we should stand and salute the Flag. This is an official meeting. Please, join us in the Pledge of Allegiance led by our Town Clerk Betty Neville. Resolution #1? Moved by Councilman Murphy, seconded by Councilman Hussie, WHEREAS, the Town Board is considering the establishment, by local laws, of a Community Preservation Fund for the Town of Southold, Including the establishment of an Advisory Board, a Community Preservation Project Plan and the imposition of a real estate transfer tax subject to a mandatory referendum to fund the Community Preservation Fund for the Town of Southold, including the establishment of an Advisory Board, a Community Preservation Project and the imposition of a real estate transfer tax subject to a mandatory referendum to fund the Community Preservation Project Plan and -the. imposition of a real estate transfer tax subject to A mandatory-referendum to ,fund the Community Development Fund; and WHEREAS, the Town Board has determined that the proposed local laws all work together, and, for- SEQRA' purposes should be reviewed together; and WHEREAS, the Town Board adopted a resolution on the 8th day of July, 1998 determining the above referenced action to be a Type 1 action under the State Environmental Quality Review. Act; and WHEREAS, the Town Board has conducted a lead agency coordinated review and no other agencies .have stated they they desire lead agency status; BE IT RESOLVED that the Town Board of the Town of Southold, acting pursuant to the State Environmental Quality Review Act and 6 NYCRR 617 et seq. establishes and declares itself to .be the Lead Agency. Vote of the • Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. w AUGUST 25, 1998 (` 2.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, WHEREAS, the Town Board is considering the establishment, by local laws, of a Community Preservation Fund for the Town of Southold, Including the establishment of an Advisory Board, a Community Preservation Project Plan and the imposition of a real estate transfer tax subject to a mandatory referendum to fund the of. Preservation Fund; and WHEREAS, the Town Board if the Lead Agency. WHEREAS, the Long Form Environmental Assessment Form Part I and II has been completed for this proposed action and the Criteria for Determination of Significance contained in 6 NYCRR Part 617.7 considered; and WHEREAS, in comparing the proposed action with SEQR Criteria for Determination of Significance it is determined that the action will not change or destroy or impair air, water or natural/open space resources, or historic/archaeological resources in the Town of Southold. WHEREAS, it is determined the action will not significantly increase traffic volumes, sold waste generation or impact on population patterns, noise levels, or the use of energy and that the proposed action will not create a hazard to human health. WHEREAS, the proposed creation and establishment, by local laws, of a Community Preservation Fund, Community Preservation Advisory Board, Community Preservation Project Plan and imposition of a 2% Real Estate Transfer Tax is designed and intended to protect and preserve the community character, natural resources, scenic vistas and historic places as set forth in the Community Preservation Project Plan and Community Preservation Fund and thus the action is expected to result in beneficial, rather than adverse, impact; WHEREAS, SEQRA requires primary consideration of environmental issues; and WHEREAS, the action will result in an overall net environmental benefit given the need to protect and .enhance the ecological and natural resources, open space, groundwater resources, scenic vistas and historic places of the Town for the benefit of all residents; be it RESOLVED that the Town Board, as Lead Agency, hereby determines, for the above stated reasons, that ' the proposed action will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared and thus. the Town Board, pursuant to the State Environmental Quality Review Act and 6 NYCRR 617 et. seq., hereby issues a Negative Declaration for this proposed action. 2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by Councilman Moore, seconded by Supervisor Cochran, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 21st day of July, 1998, a Local Law entitled, "A Local Law in- Relation to Creating and Establishing a Southold Town Community Preservation Fund", and WHEREAS, a public hearing was held on this Local Law on the 4th day of August, 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 12, which reas as follows: LOCAL LAW NO. 12 OF 1998 A Local Law in Relation to Creating and Establishing A Community Preservation Fund, which reads as follows: A Local Law to Establish the Community Preservation Fund as authorized by New. State State Town Law section 64-e. BE IT ENACTED by the Town Board of the Town of Southold as follows: The Southold Town Code is hereby amended to add a new Chapter thereto, to be Chapter 6, Southold Community Preservation Fund, Article 1 of said chapter to read as follows: n AUGUST 25, 1998 CHAPTER 6 COMMMITY PRESERVATION FUND ARTICLE I Southold Community Preservation Fund 56-1 Title. ' , This chapter of the Southold Town Code shall be known and may be cited as the "Community Preservation Raid." SS 6-2 through 6-6. (Reserved) 6.7 FINDINGS: The Town of Southold possesses a rich heritage of scenic, historic and natural resources, which are vital to the Town's sense of place and to its economic success as a community. The lands which comprise these resources are rapidly being lost to development,- however, and the Town's special identity is in danger of being damaged forever. In furtherance of its objective of preserving 'the Town's remaining natural, scenic, and historic treasures, the Southold Town Board finds it necessary to establish a dedicated fund for their conservation. Such fund is specifically authorized under § 64-e of the New York Town Law and is necessary to the enactment of a :two percent (2%) real estate transfer tax, which is also authorized by Town Law 9 64-e and Tax Law Article 31- D and which the Town Board finds to be necessary to effectuate the Town's community preservation goals. 55 6-8 through 6-11. (reserved) § 6-12 Purposes. It is the purpose of this Chapter to establish and create the Southold Community Preservation Fund for the purpose of Community Preservation as that term is defined in Town Law section 64-e(1) (b) and section 6-16 of this Chapter. Community Preservation includes protecting and preserving open and undeveloped lands in the Town of Southold, including wetlands, woodlands, agricultural lands, shorelands, and the other natural resources of the Town; for the purpose of protecting historic places and properties within the Town; and for the purpose of providing the Town's visitors and residents with outdoor recreational opportunities, all in accordance with the provisions of § 64-e of the New York State Town Law.and as more fully set forth therein. 59 6-13 through 6-15. (reserved) 5 6-16. Definitions. As used in this chapter, the following words and terms shall have the meanings indicated: ADVISORY BOARD - shall mean the Southold Community Preservation Fund Advisory Board to be established and created by the Town Board pursuant to Town Law section 64-e (5) . CaOMNITY• PRESERVATION - shall mean preservation of community character which . shall involve one or more of the following purposes: A. Establishment of parks, nature preserves, or recreational areas; AUGUST 25, 1998 Fy�;1 � ` B. Preservation of open spa*de, including agricultural lands; C. Preservation of lands of exceptional scenic value; D. Preservation of fresh and saltwater marshes or other wetlands; E. Preservation of aquifer recharge areas; F. Preservation of undeveloped beach lands, shorelands or shoreline; G. Establishment of wildlife -refuges for the purpose of maintaining native animal species diversity, including the protection of habitat essential to the' recovery of — rare, threatened, or endangered species; H. Preservation of pine barrens consisting of such biota as pitch pine and scrub oak; I. Preservation of unique or threatened ecological areas; J. Preservation of brooks or streams, rivers and river areas in natural, free-flowing condition; K. 'Preservation of forested land; L. Preservation of public access to lands for public use including stream rights and waterways; M. Preservation of historic places and properties listed on the New York State Register of Historic Places and/or protected under a municipal or local historic preservation ordinance or local law; and N. Undertaking any of the aforementioned in furtherance of the establishment of a greenbelt. calm JNITY PRESERVATIOIJ PROJECT PLAN - shall mean the Southold Community Preservation Project Plan to be adopted by the Southold Town Board pursuant to Town Law S 64-e (6) which shall be known as the Southold Community Preservation Project Plan. FUND - shall mean the Southold Community Preservation Fund established and created by this chapter -pursuant to Town Law § 64-e. SS 6-17 through 6-19. (reserved) S• 6-20 Southold Community Preservation Fund established. A. The Southold Community Preservation Fund is hereby established as authorized by S 64-e of the New York Town Law. B. Deposits into the fund may include revenues of the Town from whatever source, and shall include, at a minimum, all revenues from a real estate transfer tax imposed by the Town pursuant to Article 31-D of the New York Tax Law. C. The fund shall also be authorized to accept gifts of any such interests in land or of funds. Interest accrued by monies deposited in the fund shall be credited to the fund. AUGUST 75, 1998 D. In no event shall monies deposited in the fund ' be transferred into any other account. E. Nothing contained in this chapter shall be construed to prevent the financing in whole or in part, pursuant to the New York Local Finance Law, of any acquisition authorized pursuant to this chapter. Monies from the fund may be utilized to repay any indebtedness or obligations incurred pursuant to the Local Finance Law, consistent with effectuating the purposes of this chapter. F. Since 1980 the Town of Southold has :incurred or authorized bonded indebtedness in the amount of approximately $11,000,000.00 (Eleven million dollars) for open space purposes. The number of residents of the Town of Southold. per the 1990 U.S. Census was approximately 20,000. The Town Board hereby determines and finds that the Town has incurred or authorized bonded indebtedness since 1980 for open space purposes equal to or greater than two hundred dollars per Town resident and thus the Town has complied with the per resident financial commitment requirement set forth in Town Law section 64-e - (2) . 59 6-21 through 6-23. (reserved) 5 6-24 Purposes of the fund. A. The purposes: of the fund shall be exclusively: (1) To implement the Southold Community Preservation Project Plan for Community Preservation as required by 5 64-e (6) of the Town Law; (2) To acquire interests or rights in real property for the preservation of community character within the Town, including the portion of any village therein, in accordance with said plan; (3) To establish a bank pursuant to a transfer of development rights program consistent with § 261-a of the Town Law, at the sole discretion of the Town Board; (4) To provide a management and stewardship program for such rights and interests acquired by the fund, consistent with the provisions of this chapter and in accordance with the Southold Community Preservation Plan. B. The acquisition of interests and rights in real property under the fund shall be in' cooperation with willing sellers. C. Not more than ten percent (10%) of the fund shall be utilized for the management and stewardship program Provided for in paragraph A (4) of this section. D. If the implementation of the Southold Community Preservation Project Plan has been completed, and funds are no longer required for the purposes set forth in paragraph 6-24 (A) , any remaining monies in the fund shall be applied to reduce, any bonded indebtedness or obligations' incurred to effectuate the purposes set forth in paragraph 6-24 (A) . 55 6-25 through 6-27. (reserved) 1ga 31, AUGUST 25, 1998 5 6-28 Acquisition of interests in property; public hearing and other requirements. A. No interest(s) or right(s) in real property shall be acquired pursuant to this Chapter until a public hearing is held as required by 5 247 of the New York General Municipal Law. . However, nothing herein shall prevent the Town Board from entering into a conditional purchase agreement before a public hearing is held. B. Any resolution of the Town Board . approving an acquisition of land pursuant to this :Chapter shall include a finding that acquisition was the best alternative for the protection of community character of all reasonable alternatives available to the Town. 55 6-29 through 6-31 (reserved) 5 6-32 Management' of lands acgdired pursuant to chapter. A. Land(s) or interests) in . real property acquired pursuant to this chapter shall be administered and managed in a manner which: (1) allows public use . and enjoyment in a manner compatible with the natural, scenic, historic, and open space character of such" lands or interests in real property; (2) ' preserves the native biological diversity of such lands or interests in real property; (3) With regard to lands as open space (as opposed to lands acquired for active recreation use or public water access, or improved lands acquired for historic preservation reasons) , improvements shall be limited to those designed to enhance access for passive use of such open space lands, such as nature• trails, boardwalks, bicycle paths, and peripheral parking areas, provided that such improvements do not degrade the ecological value of the land or threaten Asential wildlife habitat; and (4) preserves cultural property, historic properties, historic and cultural resources in a manner which is consistent with accepted standards for historic preservation. B. The Town may, enter into agreements with corporations organized under the New York Not-For-Profit Corporation Law and which engage in land trust activities, in order to provide for the management of lands acquired pursuant to this Chapter, including less than fee interests in land. Any such agreements shall, however, provide that such corporations shall keep the lands under management accessible to the public unless such corporations shall demonstrate to the satisfaction of the Town Board that public access would be detrimental to the lands or to any natural resources. or features associated therewith. 65 6-33 through 6-35 (reserved) 4 4 „` 1 AUGUST 25, 1998 § 6-36 Alienation of land acquired using the fund. A. Rights or interests in real property which are acquired with monies from the fund shall not be sold, leased, exchanged, donated, or otherwise disposed of or- used for other than the purposes permitted by this chapter without the express authority of an act of the I State Legislature, which legislature is required to provide for the substitution of other lands having equal environmental and fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold, or . disposed of, and such other requirements as shall be approved by the legislature. B. In addition to an act of the State Legislature, real property acquired with monies from the fund shall not be sold, leased, exchanged, donated, or otherwise disposed of or used for other than the purposes permitted by this chapter, except after compliance with the alienation procedures set forth in the Open -Space - Preservation Chapter of this Code, specifically Chapter 59. C. T4is section shall not apply to the sale of development rights by the Town acquired pursuant to this chapter, where said sale is made by a central bank created by the Town and pursuant to a transfer of development rights program' established by the Town pursuant to § 261-a of the Town Law, provided however, that: (1) The lands from which said development rights were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "Community Preservation" in this Chapter; and (2) That the proceeds from• any such sale shall be deposited in the Southold Community Preservation Enid. §§ 6-37 through 6-38 (reserved) § 6-39 SEVERABILITY: If any clause, sentence, paragraph, section; or part of this Article shall be adjudged by any court of competent 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. § 6-40 EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. AUGUST 25, 1998 ), t s 3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Counc Iman Moore, Councilwoman. Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.-Moved by Councilman Romanelli, seconded by Councilwoman Hussle, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of August, 1998, a Local Law entitled "A Local Law in Relation to Establishing an Advisory Board for the Southold Town Community Preservation Fund", and WHEREAS, a public hearing was held on the 18th day of August, 1998, at which time all interested persons were given an opportunity to be heard thereon; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law No. 13 of 1998, which reads as follows: LOCAL LAW NO. 13 OF 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 follows: 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 Commurilty Preservation Fund Advisory board established. A The Tom 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 Community Preservation Fund. C. The Advisory Board shall act in an advisory capacity to the Town Board. D. 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. E. 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. F. 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. §§6-61 through 6-63(reserved) § 6-64 SEVERAB[UTY: 9 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. §§6-65 Effective Date: q AUGUST 25, 1998 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.-Moved by Councilman. Romanelli, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of August, 1998, a Local Law entitled, "A Local Law in Relation to Creating and Establishing a Project Plan for the Southold Town Community Preservation Fund", and WHEREAS, a public hearing was held on the 18th day of August, 1998, at which time all Interested persons were given an opportunity to be heard thereon, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law No. 13 of 1998, which reads as follows: LOCAL LAW NO. 14 OF 1998 A Local Law adopting the Southold Community Preservation Project Plan pursuant to § 64-e of the New York Town Law, for the preservation of open space, natural resources and historic places within the Town of Southold, including the incorporated villages therein, said plan to be known as the "Southold Community Preservation Project Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: The Southold Town Code is hereby amended by adding a new Article to Chapter 61 " to be Article II, Southold Community Preservation Project Plan, Article II to• read as follows: ARTICLE II SOUTHOLD COMMUNITY PRESERVATION PROTECT PLAN §§ 6-41 through 6-44 (reserved) § 6-45 LEGISLATIVE FINDINGS: The Town of Southold possesses a ,rich heritage of open space and scenic and natural .resources, and historic places which are vital to the Town's sense of place and to its economic success as a community. However, the lands which comprise these resources are rapidly being lost to development, and the Town's special identity is in danger of being damaged forever. In furtherance of its goal . of preserving the Town's remaining open space, natural, scenic, and historic treasures, the Southold Town Board finds it. necessary to adopt a plan for their conservation. Such plan is specifically authorized. under § 64-e 'of the New York Town Law and will serve as the basis for, the expenditure of any monies from the Southold Community Preservation Fund including those monies realized under this Chapter"s two percent (2%) real estate transfer tax, which is also authorized by Town Law § 64-e and Article 31-D of the New York Tax Law. It is the purpose of this Local Law to establish and create the Southold Community Preservation Project Plan to help guide the Town's efforts to preserve open spaces, natural, scenic . and historic places, and to implement the requirements of Town Law § 64-e and Article 31-D of the New York Tax Law. 55 6. 46 through 6-49 (reserved) AUGUST 25, 1998 :4 7 56-50 COMMMITY PRESERVATION PROJECT PLAN ADOPTED: For the reasons set forth in 56-45 hereof, the Town Board of the Town of Southold hereby approves =and adopts the "Community Preservation Project Plan" prepared by the Town Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998 during the work session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by § 64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. §§ 6-51 through 6-53 (reserved) § 6-54 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 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.. 5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 6.-Moved by Supervisor Cochran, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board of` the Town of Southold, on the 4th day of August, 1998,. a Local Law entitled, "A Local Law in Relation to Imposing a 2% Real Estate Transfer Tax on the conveyance of interests in real property in the Town of Southold, including the incorporated villages therein, with the revenues derived from this tax to be deposited in the Southold Community Preservation Fund for the purpose of preserving open space and historic places with. the Town", and WHEREAS, a public hearing was held on this Local Law on the 18th day of August, 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. of 1998, which reads as follows: A Local Law in Relation to Imposing a 29.- Real Estate Transfer Tax on the conveyance of interests in real property in the Town of Southold, Including the incorporated village therein, with the revenues derived from this tax to be deposited in the Southold Community Preservation Fund for the purpose of preserving open space and historic places with the Town. BE IT ENACTED by the Town Board of. the Town of Southold as follows: The Southold Town Code is hereby amended to add a new Article to Chapter 6, to be Article IV, 2% Real Estate Transfer Tax, Article IV to read as follows: ARTICLE IV 2% Real Estate Transfer Tax §§ 6-66 through 6-69 (reserved) AUGUST 25, 1998 §§ 6-70 LEGISLATIVE FINDINGS: ; The Town of Southold enjoys a worldwide reputation as a community of great scenic beauty, rich in natural resources and open spaces, including agricultural lands, woodlands, wetlands, waterways, dunes, bluffs, and other natural features. The Town alto possesses a rich historic heritage as one of the oldest colonial settlements in the State of New York and, indeed, in the nation. Finally, because the second home industry and tourism are such important components of the local economy, the Town must preserve its scenic beauty and provide recreational areas in order to continue to attract visitors. The Townrs natural and historic resources collectively provide the people of Southold with an unequaled community character. In fact, the Nature Conservancy has included the region which includes Southold Town as one of its twelve "Last Great Places" in the Western Hemisphere. The Town has done much to foster, protect, and promote its community character. Southold enjoys a reputation as being creative and innovative in the area of land use and land conservation. The Town is today under extreme development pressure, with development out-pacing current conservation efforts. . if exceptional action is not taken, Southold's unique character may be irretrievably lost and the substantial investment of the Town's citizens in protecting that character made moot. New financial resources are imperative if the Town is to preserve its special identity. Pursuant to § 64-e of the New York Town Law and Article 31-D of the Tax Law, Southold Town is authorized to create and establish a Community Preservation Fund, and to impose a two percent (2%) real estate transfer tax, with the revenue derived from said tax to be deposited into the Southold Community Preservation Fund. The creation of the fund and the imposition of the tax are' subject to mandatory referendum. It is the purpose of this Local Law to impose the 2% real estate transfer tax in order to place the revenue derived from the tax in said dedicated fund. The Town Board finds that this Local Law an excellent opportunity for achieving balance between development and conservation which is needed to ensure the Town's community character. §§ 6-71 through 6-74 (reserved) § 6-75 Definitions. As used in this chapter, unless otherwise expressly stated, the following words and terms shall have the following meanings: CONSIDERATION —Shall mean the price. actually paid or required to be paid for the real property or interest therein, including payment for an option ok contract to purchase real property, whether or not expressed in the deed - and whether paid or required to be paid by money, property, or any other thing of value. It shall include the cancellation or discharge of an indebtedness or obligation. It shall also include the amount of any mortgage, purchase money mortgage, lien, or other encumbrance, whether or not the underlying indebtedness is assumed or taken subject to. AUGUST 25, 1998 (1) In the case of the creation of a leasehold interest or the granting of an option with use and occupancy of real property, consideration shall include, but not be limited. to, the value of the rental and other payments attributable to the use- and occupancy of the real property or interest therein, the value of any amount paid for an option to purchase or renew, and the value of rental or other payments attributable to the exercise of any option to renew. (2) In the case of the creation of a subleasehold interest, consideration shall include, but not be limited to, the value of the sublease rental payments attributable to the use and occupancy of the real property, the value of any amount paid for an option to renew, and the value of rental or other payments attributable to the exercise of any option to renew, less the value of the remaining prime lease rental payments required to be made. (3) In the case of a controlling interest in any entity that owns real property, consideration shall mean the fair market value of the real property or interest therein, apportioned based on the percentage of the ownership interest transferred or acquired in the entity. (4) In the case of an assignment or.- surrender of a leasehold interest or the assignment or surrender of an option or contract to purchase real property, consideration shall not include the value of the remaining rental payments required to be made pursuant to the terms of such lease. or the amount to be paid for the real property pursuant , to the terms of the option or contract being assigned or , surrendered. (5) In the case of U. ) the original conveyance of shares of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the cooperative corporation or cooperative plan sponsor and (ii. ) the subsequent conveyance by the owner thereof of such stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold . for a cooperative unit other than an individual residential unit, consideration shall include a proportionate share of the unpaid principal of any mortgage on the real property of the cooperative housing corporation comprising the cooperative dwelling or dwellings. Such share shall be determined by multiplying the total unpaid principal of the mortgage by a fraction, the numerator of which shall be the number of shares of stock being conveyed in the cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold and the denominator of which shall be the total number* of shares of stock in the cooperative housing corporation. CONTROLLING INTEREST - shall mean (i.) in the case of a corporation, either fifty percent (50%) or more of the total combined voting power of all classes of stock of such corporation, or fifty percent (50%) or more of the capital, profits, or beneficial interest in such voting stock of such corporation, and (ii.) in the case of a partnership, association, trust, or other entity, fifty percent (50%) or more of the capital, profits, or beneficial interest in such partnership, association, trust or other entity. AUGUST 25, 1998 CONVEYANCE - shall mean the transfer or transfers of any interest in real property by any method including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Transfer of an interest in real property shall include the creation of a leasehold or sublease only where (i.) the sum of the term of the lease or sublease and any options for renewal exceeds forty-nine (49) years, (ii.) substantial capital improvements are or may be made by or for. the benefit of the lessee or sublessee, and (iii.) the lease. or sublease is for substantially all of the premises constituting the. real property. Notwithstanding the : foregoing, conveyance of real property shall not include a conveyance, made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement, or' an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this chapter .or the Internal Revenue Code. FUND - shall mean the Southold Community Preservation Fund created and established by Article I of this Chapter pursuant to § 64-e of the New York Town Law. GRANTEE.. - shall mean the person who obtains real property or an interest therein as a result of a conveyance. GRANTOR shall mean the person making the conveyance of real property or interest therein. Where the conveyance consists of a transfer or an acquisition of a controlling interest in an entity with .an interest in real .property, "grantor" shall mean the entity with an interest in real property or a shareholder or partner transferring stock or partnership interest, respectively. INTEREST IN REAL PROPERTY - shall - include title in fee, a leasehold interest, a beneficial interest, an encumbrance, development rights, air space and'air rights, or any other interest with the right to use or occupancy of real property or the right to receive rents, profits of other income derived from real property. It shall also include an option or contract to purchase real property. It shall not include a right of first refusal to purchase real property. PERSON - shall mean an individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two (2) or more persons. REAL PROPERTY - shall mean every estate or right, legal or equitable, present or future, vested or, contingent, in lands, tenements or hereditaments, including buildings, structures and other improvements thereon, which are located in whole or. in part within the Town. It shall not include rights to. sepulture. L AUGUST 25, 1998 ,f RECORDING OFFICER - shall mean the County Clerk of the County of Suffolk. TOWN - shall mean the Town of Southold. TOWN SUPERVISOR - shall mean the Town Supervisor of the Town of Southold. TREASURER (COUNTY TREASURER) - shall mean the treasurer of the County of Suffolk. SS 6-76 through 6-79 (Reserved.) § 6-80 Imposition of real estate transfer tax. There, is hereby imposed in the Town of Southold a tax on each conveyance of real property or interest therein where the consideration exceeds five hundred dollars ($500.00) , the rate of such tax to be two percent (2%) of the consideration for such conveyance. Revenues from such tax shall be deposited in the Southold Community Preservation Fund established by Article -I of this chapter and may be used solely for the purposes of said fund. Such tax shall apply to any conveyance occurring on or after March 1, 1999, but shall not apply to conveyances made on or after such date pursuant to binding written contracts entered into prior to Such date, provided that .the date of execution of such contract is confirmed by independent evidence such--,,:as the recording of the contract, payment of a deposit, or other facts and circumstances as determined by the County Treasurer. 6-81 . through 6-84. (Reserved. ) § 6-85. Payment of tax. A. The real estate transfer tax: imposed pursuant to this article. shall be paid to the Treasurer, or to the Recording Officer acting as the agent. of the Treasurer upon designation as such agent by the Treasurer. Such tax shall be paid at the same time as the real estate transfer tax imposed by Article 31 of the New York Tax Law is required to be paid. Such Treasurer or Recording Officer shall endorse upon each deed or instrument effecting a conveyance a receipt for the amount of the tax so paid. B. A return shall be required to be filed with such', Treasurer or Recording Officer for purposes of the real ` estate transfer tax imposed pursuant to this article at the same time as a return is required to be filed for purposes of the real estate transfer tax imposed by Article 31 of the Tax Law. The Treasurer shall prescribe the •form of return, the information that it shall contain, and the documentation that shall accompany the return. Said form shall be identical to the real estate transfer tax return required to be filed pursuant to § 1409 of the Tax Law, except that the Treasurer shall adapt said form to reflect the provisions of this Article which are inconpistent with, different from, or in addition to the provisions of Article 31 of the •Tax Law. The real estate transfer tax returns required to be filed pursuant to this section are required to be preserved for three (3) years and thereafter until such Treasurer or Recording Officer orders them to be destroyed. 5r AUGUST 25, ' 1998 C. The Recording Officer shall not record an instrument effecting a conveyance unless the return required by this section has been filed and unless the tax imposed pursuant to this article shall have been paid as Provided in this section. SS 6-86 through 6-89. (Reserved.) § 6-90. Liability for tax. A. The real estate transfer tax required hereunder shall be paid by the grantee. If the grantee has failed to pay the ,:tax imposed pursuant to this article, or if the grantee is exempt from such tax,- the grantor shall have the duty to pay the tax. Where the grantor has the duty to pay the tax because the grantee has failed to pay the tax, such tax shall be the joint and several liability of the grantee and grantor. B. For the purpose of the proper administration of this article and to prevent evasion of the tax hereby imposed, it shall be presumed that all conveyances are taxable. Where the consideration includes property other than money, it shall be presumed . that the consideration is the fair market value of the real property or interest therein. These presumptions shall prevail until the contrary is proven, and the burden of proving the contrary shall be on the person liable for payment of the tax. S§ 6-91 through 6-94. (Reserved.) S 6-95. Exemptions from tax. A. The following shall be exempt from payment of the real estate transfer tax imposed by this article: (1) The State of New York or any of its agencies, instrumentalities, political subdivisions, or public corporations (including a public corporation created pursuant to agreement • or compact with another state or the Dominion of Canada) ; (2) The United Nations; The United States of America and any of itt agencies or instrumentalities. B. Exemption for certain conveyances. The real estate transfer tax imposed by this article shall not apply to any of the following conveyances: (1) Conveyances to the United Nations, the United States of- America,, the State of New York or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada) . (2) Conveyances which are or -were used to secure a debt or other obligation. (3) Conveyances which, without additional consideration, . confirm, correct, modify, or supplement a deed previously recorded. AUGUST 25, 1998 (4) Conveyances of real property without consideration and otherwise than in connection with a sale, including deeds conveying realty as bona fide gifts. (5) Conveyances given in connection with a tax sale. (6) Conveyances to effectuate a mere change of identity or form of ownership or organization where there is. no change in beneficial ownership, other than' conveyances to a cooperative housing corporation of:' the real property comprising the cooperative dwelling or dwellings. (7) Conveyances which consist of a deed of partition. (8) Conveyances given pursuant to the Federal Bankruptcy Act. . (9) Conveyances of real property which consist of the execution of a contract to sell real property without the use or occupancy of such property or the granting of, an option to purchase real property without the use or occupancy of such property. (10) Conveyances of real property, where the entire parcel of real property ' to be conveyed is the subject of one (1) or more of the following development restrictions: (a) An agricultural, conservation, scenic, or an open space easement; (b) Recorded covenants or restrictions prohibiting development; (c) A purchase of development rights agreement. (d) A transfer of development rights agreement, where the property being conveyed has had its development rights removed. (e) said real property is subject to the development restriction of an agricultural district or individual commitment, pursuant to Article 25 AA of the New York Agriculture and Markets Lard. (f) real property subject to any locally adopted land preservation agreement including agreements under the Town of Southold's open Space- Preservation and Agricultural Lands Preservation Laws and, provided said exemption is included in the local law imposing the tax authorized by this. article; (11) Conveyances of real property, where the property is viable agricultural land as defined in subdivision (7) of S 301 of the Agriculture and Markets Law and the entire property to be, conveyed is to be made subject to one of the development restrictions set forth in the preceding paragraph 6-95 (B) (10) , provided that said development restrictions precludes the conversion of the property to a non- agricultural use for at least three years from the date of transfer, and said development restriction is evidenced by an easement, agreement, or other suitable instrument which is conveyed to the Town simultaneously with the conveyance of the real property; or :;R-A AUGUST 25, 1998 12. Conveyances of real property for open space, parks, or historic preservation purposes to any not-for- profit tax-exempt corporation operated for conservation, environmental, or historic preservation purposes. 55 6-96 through 6-99. (Reserved.) § 6-100. Additional exemptions. A. There shall be allowed an exemption of one hundred fifty thousand dollars ($150,000.00) on the consideration of the conveyance of improved real property or an interest therein. B. There shall be allowed an exemption of seventy-five thousand dollars ($75,000.00) on the consideration of the conveyance of unimproved real property or an interest therein. §§ 6-101 through 6-104. (Reserved.) § 6-105.. Credit A grantee shall be allowed a cizedit against the tax due on a conveyance of real property to the extent that tax was paid by such grantee on a prior creation of a leasehold of all or a portion of the same real property or on the granting of an option or contract to purchase all or a portion of the- same real property by such grantee. Such credit shall be computed by multiplying the tax paid on the creation of the leasehold or on the granting of the option or contract by a fraction, the numerator of which is the value of the consideration used to compute such tax paid which is not yet due to such grantor on the date of the subsequent conveyance (and•„ which such grantor will not be entitled to receive after such date) ', and the denominator of which is the total value. of the consideration used to compute such tax paid. §§ 6-106 through 6-109. (Reserved.) 5 6-110. Cooperative housing corporation transfers. A. Notwithstanding the definition of "controlling interest" contained in § 6-75 hereof or anything to the contrary found in the definition of "conveyance" contained in said section, the tax imposed pursuant to this article shall apply to the following: (1) The original conveyance of shares of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the cooperative corporation or cooperative plan sponsor. - (2) The subsequent conveyance of such stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the owner thereof. With respect to any such subsequent conveyance where the property is an individual residential unit, the consideration for the interest conveyed shall exclude the value of any liens on certificates of stock or other evidences of an ownership interest in and a proprietary. lease from a corporation or partnership formed for the purpose of cooperative ownership of residential interest in real estate remaining thereon at the time of conveyance.. In determining AUGUST 25, 1998 55. the tax on a conveyance described in paragraph K (1) above, a credit shall be allowed for a proportionate part of the amount of any tax paid upon the conveyance to . the cooperative housing corporation of the real property comprising the cooperative dwelling or dwellings to the extent that such conveyance effectuated a mere change of identity or form of ownership of such property and not a change in the beneficial ownership of such property. The amount of credit shall be determined by multiplying the amount of tax paid upon the conveyance to the cooperative housing corporation by a percentage representing the extent to which such conveyance effectuated a mere. change of... identity or form of ownership and not a change in the beneficial ownership of such property, and then multiplying' the resulting product by a fraction, the numerator of which shall be the number of shares of stock conveyed in ac transaction described in paragraph A (1) and the denominator of which shall be the total number of shares of stock of the cooperative housing , corporation (including any stock held by the corporation) . In no event, 'however, shall such credit reduce the tax on a conveyance described in paragraph A (1) below zero, nor shall any such.:.credit,, be allowed for a tax paid more than twenty-four `(24)' months prior to the date on which occurs the first in a series of conveyances of shares of stock in an offering of cooperative housing corporation shares described in paragraph A (1) . B. Every cooperative housing corporation shall be required to file an information return with the County Treasurer by July 15th of each year covering the preceding period of January 1 through June 30 and by January 15th of each year covering the preceding period of July 1 through December 31. -The return shall contain such information regarding the conveyance of shares of stock in the cooperative housing corporation as the Treasurer may deem necessary, including, but not limited to, the names, addresses, and employee identification numbers or social security numbers of the grantor and the grantee, the number of shares conveyed, the date of the conveyance, and the consideration paid for such conveyance. 55 -6-111 through 6-114. (Reserved. ) 6-115. Designation of. agent by County Treasurer. The County Treasurer is authorized by law to designate the Recording Officer to act .as his or her agent for the purpose of collecting the tax imposed by this article., The Treasurer shall provide for the manner in which such person may be designated as his or her agent subject to such terms and conditions as the treasurer shall prescribe. The real estate transfer tax shall be paid to such agent as provided in § 6-85 hereof. §§ 6-116 through 6-119. (Reserved.) § 6-120. Liability of Recording Officer. A Recording Officer shall' not be liable for any inaccuracy in the amount of tax imposed -pursuant to this article that he or she shall collect so long as he or she shall compute and collect such 56 AUGUST 25, 1998 tax on the amount of consideration or the value of the interest conveyed as such amounts are provided to him or her by the person paying the tax. §§ .6-121 through 6-124. (Reserved. ) § 6-125. Refunds. Whenever the Treasurer shall determine that any moneys received under the provisions of this article were paid in error, he or she may cause such moneys to be refunded pursuant to such rules and regulations as he or she may prescribe, provided that any application for such refund is filed with the Treasurer within two (2) years from the date the erroneous payment was made. §§ 6-126 through 6-129. (Reserved.) § 6-130. Deposit and disposition of revenue. A. All taxes, penalties, and interest imposed by the Town under the authority of this article, which are collected by the Treasurer or his or her agents, shall be deposited in a single trust fund for the Town and shall be kept in trust and separate and apart from all other monies in possession of ' the Treasurer. Moneys in such fund shall be deposited and secured in the manner provided by § 10 of the General Municipal Law. Pending expenditure from such fund, moneys therein may be invested in the manner provided in § 11 of the General Municipal Law. Any interest earned or capital* gain realized on the moneys so deposited or invested shall accrue to and become part of such fund. B. The Treasurer shall retain such amount as he or she may determine to be necessary for refunds with respect to the tax imposed by the Town under the .authority of this article, out of which the Treasurer shall pay any refunds of such taxes to those taxpayers entitled to a refund pursuant to the provisions of this article. C. The Treasurer, after reserving such funds, shall on or-.. before the twelfth day of each month, pay to the Town', Supervisor the taxes, penalties, and interest imposed bye the Town under the authority of this artirple, collected by the Treasurer pursuant to this article during the proceeding calendar month. The amount so payable shall be certified to the Town Supervisor by the Treasurer, who shall not be held liable for any inaccuracy in such certification. However, any such certification may be based on such information as may be available to the Treasurer at the time such certification must be made under this section. D. Where the amount so paid over to the Town in any such distribution is more or less than the amount due to the Town, the , amount of the overpayment or underpayment shall be certified to the Town Supervisor by. the Treasurer, who shall not be held liable for any inaccuracy in such certification. The amount of the underpayment or overpayment shall be so certified to the Town Supervisor as soon after the discovery of the overpayment or underpayment as reasonably possible and subsequent payments and distributions by the Treasurer to such Town shall be adjusted by subtracting the amount of any such overpayment from -or by adding the amount of any such underpayment to such number of subsequent payments and distributions as the Treasurer and Town Supervisor shall consider reasonable in view of the underpayment or overpayment and all other facts and circumstances. AUGUST 25, 1998 57 E. All monies received from the Treasurer by the Town Supervisor shall be deposited in the Southold Community Preservation Fund established pursuant to Article I. of this chapter and Town Law § 64-e. 5§ 6-131 through 6-134. (Reserved.) § 6-135. Judicial review. A. Any final determination of the amount of any tax payable under this article shall be reviewable for error, illegality, or unconstitutionality, or any other reason whatsoever, *by a 'proceeding under Article 78 of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within four (4) months after the giving of the notice of such final determination; provided, however, that any such proceeding under... Article 78 of the Civil Practice Law and Rules shall not', be instituted unless: (1) The amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for. by this local -Jaw, shall be first deposited and there is filed an undertaking, issued by a surety company authorized to transact business in New York State__and1. approved by the State Superintendent of Insurance as to solvency and responsibility, in such amount as a Justice of the Supreme Court shall approve, to the effect that, if such . proceeding shall be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding; or (2) At the option of the petitioner, such undertaking may be in a sum sufficient to cover the taxes, interest, and penalties stated in such determination, plus the costs and charges which may accrue against the petitioner in the prosecution of the proceeding, in which event the petitioner shall not be required to pay such taxes, interest, or penalties as a condition precedent to the application. B. Where any tax imposed hereunder shall have been erroneously, illegally, or unconstitutionally assessed or collected, and 'application for the refund or revision thereof duly made to the Treasurer, and such Treasurer shall have made a determination denying such refund or revision, such determination shall be reviewable by a proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that: (1) Such proceeding is instituted within four (4) months after the giving of the notice of such denial; (2) A final determination of tax due was not previously made; and (3) An undertaking -is filed with the Treasurer in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed,, the petitioner will pay all costs and .charges which- may accrue in the prosecution of such proceeding. 55 6-136 through 6-139. (Reserved.) AUGUST 25, 1998 5 '6-140. Apportionment of consideration subject to tax for property located only partly within Town. A. Where real property is situated partly within and partly without the boundaries of the Town, the consideration subject to tax is such part of the total consideration as is attributable to the portion of such real property situated with the Town or 'to the . interest in such portion. ' If the consideration attributable to the property located in the Town is set forth in the contract, such amount may be used to compute the tax due. B. If the ' contract does not .set forth the amount of consideration attributable - to the portion of real property or interest therein situated within the Town, the consideration shall be reasonably allocated between the portion of such property or interest therein . situated within the Town and the portion of such property or interest therein situated without the Town. If the grantor and the grantee enter into a written agreement, signed by' both the grantor and the grantee, which sets forth a reasonable allocation of consideration, that allocation of consideration may be used to compute the tax due. If the grantor and the grantee do not enter into such an agreement,, ' or if the allocation of consideration set forth in such agreement is deemed unreasonable by the Treasurer, the allocation of consideration must be computed by multiplying the amount of consideration by a fraction, the numerator of which is the fair market value of the real property or interest therein situated within the Town, and the denominator of which is the total fair market value of all the real property or interest therein being conveyed. Except in the case of a transfer or acquisition of - a controlling interest where consideration means fair market value of the real property or interest therein, the tax shall be computed on the allocated portion ' of the actual consideration paid, even if that amount is greater or less than the fair market value as determined by appraisal. C. . Where the methods provided under this section do note allocate the consideration in a fair and equitable manner, the Treasurer may require the grantor and grantee to ' allocate the consideration under such method as he prescribes, so long as the prescribed method results in a fair and equitable allocation. 55 6-141 through 6-144. (Reserved. ) 5 6-145. Determination of tax; petition to Town Supervisor. A. If a return required by this article is not filed, or if a return when filed is incorrect or insufficient, the amount of tax due shall be determined by the Treasurer from such records or information as may be obtainable, including the assessed valuation of the real property or interest therein and other appropriate factors.' Notice of such determination shall be given to the person liable for the payment of the tax. Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within ninety (90) days after the giving of notice of such determination, shall petition the Town Board for a hearing, or. unless AUGUST 25, 1998 6-171 through 6-174 (reserved) 9§ 6-175 EFFECTIVE DATE: This Local Law is subject to a mandatory referendu m as set forth in 61449-bb of Article 31-D of the Tax Law. This Local Law shall take effect on March 1, 1999, after after approval at the general election to be held on November 3, 1998 by the affirmative vote of a majority of the qualified electors of the Town of Southold and • fl.ling 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, 2010. COUNCILMAN MOORE: Before I vote on this I just want to comment. The prior votes we all did are the groundwork, and this is the vote that we are here for, and that allows the public to vote. If we don't pass this the public gets no say, so I don't think we should stop short at this point and keep the public from voicing their opinion. I happen to support the transfer tax, but the public has the right to have it's say. SUPERVISOR COCHRAN: That was the point I was going to make, that this is now subject to referendum:: We are hopeful that the many groups and people that have supported it in .the past will continue to support it. I, as Supervisor, have supported it from the beginning. In fact, it goes back ten to twelve years ago, the first time I, ever voted on this to bring it .to the public. So, we appreciate those of you that have supported the bill up to this point, and hope you will continue to do so. There are a few, but I think that the majority support this. Would any other Board member like to make comment? ` COUNCILMAN MURPHY: I would just like to say that I worked on this since I got on the Board, and I feel all and all that it will help Southold remain as we are, or as best as possible to remain as we are, and keep us unique, which is what is going to let us survive. So, I am totally in support of it. SUPERVISOR COCHRAN: Any other discussion? JOHN RUSCH: John Rusch, Southold. I would like to make one small comment. I would just like to say, that I don't really like public speaking, number one. I came here today to see history made, and this brought to fruition. 6•-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: There being no other business to come before the Board I will entertain a motion to adjourn. ART ROSS: I know I shouldn't speak at this point, but I would like to applaud the Board. SUPERVISOR COCHRAN: May I have a motion to adjourn? Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 9:13 A.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Elizabeth A. NYel le Southold Town .Clerk