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HomeMy WebLinkAboutLL-2003 #05Local Law Filing NETM YORK STATE DEPARTMENT OF STATE 41 STATE STREET 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. City Town of SOUTHOLD LOCAL LAWNO. 5 - 2003 A Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited Income" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose -To increase the income limit for disability exemptions considering the current pace of inflation. II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-9. Exemption granted. A. Real property owned by a person with disabilities whose income is limited by such disabilities, and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to the extent of 50% of assessed valuation. B. [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001] To be eligible for the exemption authorized by such § 459-c and implemented by this article, the maximum income of such person shall not exceed $21,500. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: Annual Income Percentage Assessed Valuation Exempt From Taxation Up to 21,499 21,500 to $22,499 22,500 to $23,499 23,500 to $24,499 24,500 to $25,399 25,400 to $26,299 26,300 to $27,199 27,200 to $28,099 28,100 to $28,999 29,000 to $29,899 5O% 45% 40% 35% 3O% 25% 20% 15% 10% 5% (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 11/99) (1) 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 effect the validity of this law as a whole or any part there of 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 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1. 2003. (Complete the certification in the para~ ~. .~at applies to the filing of this local strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) · I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 03 . of the ~ ...... )/~_~j ~ownj ~) of SOUTHOLD was duly passed by the TOWN BOARD on March 25 ,20 03 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 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 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)(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 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 requesOng referendum.) 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) (repassed after disapproval) by the on 20 Such local la~v 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. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexet 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 mai ority 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 ora 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 1 , above. Clerk of(~_ County leg~-sl~'~x~e body. C~. Town or X~llage Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (SeaO Date: March 31,2003 (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 I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law arcf~/xed hereto. //,. /?/' , Patricia A. Finneg Esq., As t Town Attorney Gregory F. Yakaboski, Esq., Town Attorney Title City Town of SOUTHOLD Date: (3) March 31, 2003 STATE OF NEW YORK DEPARTMENT OF STATE z~ I STATE STREET ALBANY, NY 12231-000 I GEOROE E, PATAKi GOVERNOR RANDY A. DANIELS SECRETARY OF STATE April 22, 2003 RECEIVED ELIZABETH A. NEVILLE TOWN HALL 53095 Main Road P.O. Box 1179 SOUTHOLD, NY 11971 APR28 SouthoJd Town Clerk RE: Town of Southold, Local Law 5, 2003, filed 04/03/2003 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 WWW. DOS. STATE. NY. US ~ E-MAIL: IN FO@DOS. STATE. NY. US ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 31, 2003 Attention: Shirley Flint Code Supplementation General Code Publishers Corp. 72 Hinchey Road Rochester, New York 14624 Re: Town of Southold Code Local Law Number 5 & 6 of 2003 Dear Ms. Flint: Transmitted herewith please find the Local Law Number 5 & 6 of 2003. Please make the appropriate amendments to the Southold Town Code. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney NOTICE OF PUBLIC HEAR- ING NOTICE IS HEREBY GIVEN that there has beenpre- sented to the Town Board Town of SOuth01d, on the 11 day of March, 2003, A L0ca Law in Relation to Exemption for Disabled Persons with Limited Income"; NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a Public hearing on the aforesaid Local Law at tl~e Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 8:00 P.M., Tuesday, March 25, 2003, as the time and place for a public hearing ~at which time fill interested persons Will be heard. LOCAL LAW NO. 2003 TOWN OF A Local Law' entitled A Local Law in relation to Exemntion for Disabled Persons With Limited Inco~m_e' BE: IT ENACTED by the Town Board of the Town of S°uthold, as follows: I. Purpose - To increase the incom~ limit for disability exemptions considering the cuJ- rent liace of inflation. IL Chapter 85 of the Code of the Town of Southold is hereby amended as follows: 0 85-9 Exemption granted. A. Real propel-ty owhed by a per- son w~th disabilities whose income is limited by such dis- abilities, and used tis the legal residence of such person, sl~all be entitled to a part~hl exemption from taxation t° the extent of 50% of assessed valuation. B [Amended 4-11-2000 by L.L. No. 8-2000; 2~13-2001 by L.L. No. 4,2001] To be eligible for the exemvtion authorized by such ~ 45~9-c and implemented .by this article, the maXimum income of such person shall nor exceed $~,~,,~, 21~500...6 Y such person having a h~gher incomb Shall be-eligible for exemption in accordafice with the following schedule. Percentage Assessed Valuation Exempt- Annual Income From Taxation Up to Sg0r499 ~ 50% S~0 enn ~^ ?~ ,499 ~-i 500 to ° ~% to to COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ....... /....week(~~ successively, commgnfing oq~the ...... .~..0. ...... day of 2003. .... ...... Swornj tp_ beforp, me this ......... day of .... o3. Notary Public Emily Hamill NOTARY PUBLIC. State of New York No. 01HA5059984 Qualified in Suffolk County Commission expires May 06. 2006 occurring on or after March 1, 2003. Strike-through represents dele- tion. Underline represents insertion~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, MARCH~ 13, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1X-3/20/03(608) 20% 5% part so invalid.. IV. Effective Date. This Local Law shall take effect immediately upon filing with, the Secretary of State as proviu- edby law arid shall appl3~ to assessment roils preph3ed on the basis of taxable gtatus dates STATE OF NEW' RK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ t4r/~ day of I~Y'X~ ,2003, 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. NOTICE OF PUBLIC HEARINGS FOR MARCH 25, 2003: A Local Law in Relation to Exemption for Disabled Persons with Limited Income F--Yl~lizabe{h A. Neville Southold Town Clerk Sworn before me this I q day of Ba,&, 2003. VN0~ry Public LYNDA M. BOHN NQTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk County__ Term Expires March 8, HEARING ON "A LOCAL LAW SOUTHOLD TOWN BOARD PUBLIC HEARING March 25, 2003 8:00 P.M. IN REI~ATION TO EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME." Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, on the 11th day of March, 2003, "A Local Law in Relation to Exemption for Disabled Persons with Limited Income"; NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 8:00 P.M., Tuesday, March 25, 2003, as the time and place for a public hearing at which time all interested persons will be heard. LOCAL LAW NO. 2003 TOWN OF SOUTHOLD A Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited Income" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose -To increase the income limit for disability exemptions considering the current pace of inflation. II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-9. Exemption granted. A. Real property owned by a person with disabilities whose income is limited by such disabilities, and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to the extent of 50% of assessed valuation. B. [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001] To be eligible for the exemption authorized by such § 459-c and implemented by this article, the maximum income of such person shall not exceed $20,500 21,500. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: Percentage Assessed Valuation Exempt March 25, 2003 2 Public Hearing on Disabled Person Exemption Annual Income From Taxation Up to $2©,n. 99 21,499 50% $-m <~,~ ,~ ~ ~ 21,500 to $22,499 45% $~ <~ ,~, ~:~,~ ,mo 22 500 to $23,499 40% $~,~ <tm ,,, q:~a ~oo 23,500 to $24,499 35% $-~ rrna ,~, ~,~ ~oo 24,500 to $25,399 30% $24,400 ,^~,, ~'-----,---'--q2'~< 'mn 25,400 to $26,299 25% $-~< '~a~ +^ ~ ~no 26,300 to $27,199 20% $,~ -mt~ ,~, ~-~ tmo 27,200 to $28,099 15% $'~ ~ an ,,, q:'~7 999 28,100 to $28,999 10% $'m ac~r~ ,~ ~ ~cm 29,000 to $29,899 5% 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 effect the validity of this law as a whole or any part there of 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 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1. 2003. COUNCILMAN WlCKHAM: And I have a notice that it has appeared in the legals of the newspaper and it also has appeared on the bulletin board of the Town Clerk. I don't think that we have any other communications regarding this hearing. SUPERVISOR HORTON: Would anybody care to address the Town Board on this public hearing? HELEN PONT1NO: Helen Pontino, Peconic. How did we arrive at the $21,500 for the 50%? COUNCILMAN WICKHAM: It was $20,500 for several years. Because of inflation, it was simply increased by $1,000. MS. PONTINO: Who increased it? Who set that amount? Another $1,000; where did that come from? SUPERVISOR HORTON: I believe that that came from, this is enabling legislation from the State at actually ..... MS. PONTINO: That is actually what the State set as the criteria? SUPERVISOR HORTON: That is correct. MS. PONTINO: In other words, it has nothing to do with what the Town Board would want or... COUNCILMAN RICHTER: We have the option .... COUNCILMAN MOORE: That is the highest that we can go. SUPERVISOR HORTON: The State sets the threshold, March 25, 2003 Public Hearing on Disabled Person Exemption COUNCILMAN RICHTER: The Town Assessors bring it before us. MS. PONTINO: I just think it is, try living on $21,500 a year and pay your property taxes even at 50%. I think it is a very low figure, I think if it were a higher figure, a lot more people could benefit. That is my opinion. Because when you are on disability, your income is probably less than half of when you were working and you have much more expenses. Medical expenses, insurance expenses, a lot of out go that you don't have when you are a working person. And, I think it is too low. Thank- you. SUPERVISOR HORTON: Thank-you, ma'am. Are there any other comments from the floor? (No response) Comments from the Board? (No response) We will close the hearing.