HomeMy WebLinkAboutLL-2003 #25 NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing . STATE ST ET.
(Use this form to ~e 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 underlinhag to indicate new matter.
City
Town of
SOUTHOLD
LOCAL LAW NO. 25 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 $32,400. 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
$23,999 50%
$24,000 to $24,999 45%
$25,000 to $25,999 40%
$26,000 to $26,999 35%
$27,000 to $27,899 30%
$27,900 to $28,799 25%
$28,800 to $29,699 20%
$29,700 to $30,599 15%
$30,600 to $31,499 10%
$31,500 to $32,399 5%
rlI. 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 invahd.
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, 2004.
Strike-through represents deletion.
Underline represents insertion.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99) (1)
,,7
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. __25 of 20 03 . of the
(-~un~3)(Ch~j ~(Town) ~ ..... ~,_) of SOUT]ffOLD was duly passed by the
TOWN BOARD on November 18 ,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*.)
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)(nnt approved)repassed after
~lisapproval) by the and was deemed duly adopted on 20 ,
in accordance w/th 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 ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 _, in
accordance w/th the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was f'fled requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(Cunnty)(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- ~vide
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 ord/nances.
(2)
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 cfa majority of the qualified
electors of such city voting thereon at the (special)(generaI) 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 cfa 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 w/th the original on file in th/s office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was fmally adopted in the manner indicated
in paragraph 1 , above.
Elizabeth A. Neville, Town Clerk
(Seal) Date: __
November 21, 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 conta/ns the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annex'od hereto. ~
g , q, ~ Y
Greeorv F. Yakaboski, Esrl., Town Attorney
Title
CiB.
Town of
SOUTHOLD
Date: November 21, 2003
O)
ELIZABETIt A. NEVI~J.E
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
IVIARRIAGE OFFICER
RECORDS 1VIANAGEMENT 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
southeld~own.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 25, 2003
Certified, Registered Receipt
New York State Department of State
State Records and Law Bureau
4i State Street
Albany, NY 12231
RE: Local Law Numbers 25 & 26 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions o£ Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Numbers 25 & 26 of 2003 of the Town of
Southold suitable for filing in your office.
I would appreciate if you would send mc a receipt ind/cating the filing of the enclosures
in your office. Thank you.
]~nclosares
cc: Town Attorney
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVrLI,F,
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MAi~AGEMENT 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.nor thfork.net
OFFICE OF THE TOWN CLEP~K
TOWN OF SOUTHOLD
November 25, 2003
Attention: Shirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, NY 14624
Re: Town of Southold Code
Local Law Numbers 25 & 26 of 2003
Dear Ms. Flint:
Transmitted herewith please find the Local Law Numbers 25 & 26 of 2003.
Please make the appropriate amendments to the South01d Town Code.
Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
General Code Pubiishem
· 72 Hinchey Road ~~-"~,.~
Rochester, NY 14624
Phone: 800/836-8834 Fax: 585~28=8189'
Emaf]: sales~generalcode.com
12/02/2003'. ......
Ms. Elizabeth A. Neville:
The following matedal has been received and w~ll be processed for
inclusion in your Code as suppremental pages (where applicable):
...........................
Local Law Nos 25-2003 and 26-2003,
Town of Southold
C/O Clerk's Office
PO Box 1 179
Southold, NY 11971
Thursday, November 13, 200:
$25,000 m $25,999 40%
23.500 to $2~ ~99
3O%
25%
15%
2
LEGAL NOTICE 10%
' NOTICE OF PUBLIC
REARING
G~vEOTICE IS HERE'BY ,~
N that there has b~en pre~ lll. S~iye_rability. ~
sented~o the T0vmBqara0£'the: L If any:{cla...Use~e~tence~paua-
Town of SonthoI4, on the 6ta graph,5~:n,~i;~r :I~ ~ ~-
day of Novembff, 2003, "A Loc~'.t~a%sTaatlbe.adjudged by
Local Law in Relation toq.enye0Urtofenmpet~ntjutisdic-
Exemption for Disab!,e.d Persons tion to be.thvalid, the judgment
with Limited Income; shall ~not effect the validity of
NOTICE IS FURTHER
GIVEN that the 3
the Town of Sonthold will hold a
~phblic lgeafigg on the aforesaid
Local IJ~iw ~{'~e Sonthold Town
P.M., Tuesday,
November 18, 2003, as the time
end place for a public hearing m
whi~htime alt ifi~emstedpersons ,,q, ,, u- d.,,c.
will be heard ,,cored,, o'~ ,," a.K" XI:.',~ I
LOC~ ~AW NO ....
' 2003 ' · !, .... i'C,W...Ci,'~,
ToWN OF soUTHoLD .iclcuoa.
A Local Law entitled " A Underline represextts inser-
· Local Law in relation to uon.'
Exemption for Disabled BY ORDER OF THE
Persons With '-Limited SOUTHOLD TOWN BOARD
Income" ~,; ?OF THE TOWN OF
,BE IT ENACTED by tke -~O~U!IIOLD, NOVEM~ER
Town Bom:d of the ~own oft.. ..:.:~ !~-6,2003.
Sbuiiioldi.~isfditows: ' ' :.~ ~ET~ & ~VILI2E~
I. Purpose -To i~Vease the":~OLDTOFWN CLERK
income limit for disability 1Xll/13/03(053)
exemptions considering the cur
rent pace of inflation.
IL Chapter 85 of the Code ofq
the Town of Southold is hereby
illllCiRlqd ,:~ f. llo .'.-'
5 I{cd! jli~,)ja~'l'l.~ e,Al'.'~ lay ~
pergon with disabilities whose
income is limited by such dis-
abilities, and used as the legal
residence of such person, shall
be entitled to a partial exemption
from taxation to the extent of
50% of assessedvainatiorL
B. [Amended 4-11-2000 by
L.L. No, 8-2000:2-13-2001 by
L,L No. z~-200t] To be eligible
for the exemption authorized by
such § 459-c and implemented
by this article, the maximam
income of such person shall not
exceed ....... $32,400. Any.
such person having a higher.
income shah be eligible for,
exemption in accordance with
the following schedule:
Annual Percentage Assessed'
Income Valuation Exempt~
From Taxation
Upto $~ $23,9~9 50% }
_1,500 to $~-, 99
$24 000'to $24,999 45%
_~,500 to $23,]99
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 ......./...wee~-~ .4uccessively,
comtn~cir~g o~ the ...... .[~...~...day of
Swor~o.bef, ore me t_his..LZ...day of
Notary Public
Emily Hamill
NOTARY PUBLIC, State of New York
NO. 01 nA5059984
Qualified in Suffolk County
Commission expires May 06, 2006
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of
the Town of Southold, on the 6th day of November, 2003, "A Local Law in Relation to
Exemption for Disabled Persons with Limited Income";
NOTICE IS FURTHER GIVEN that the Town Board o£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 5:00 P.M., Tuesday, November 18, 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 ~:anted.
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 $21,509 $32,400. 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 $2!,~.99 $23,999
21,500 to $22, t99 $24,000 to $24,999
22,500 to $23,499 $25,000 to $25,999
23,500 to $24,499 $26,000 to $26,999
24,500 to $25,399 $27,000 to $27,899
25,400 to $26,299 $27,900 to $28,799
26,300 to $27,199 $28,800 to $29,699
27,200 to $28,099 $29,700 to $30,599
28,100 to $28,999 $30,600 to $31,499
29,000 to $29,899 $31,500 to $32,399
50%
45%
40%
35%
30%
25%
20%
15%
10%
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 roils prepared on the basis of taxable status
dates occurring on or after March 1, 2004.
Strike-through represents deletion.
Underline represents insertion.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOUTHOLD, NOVMEBER 6, 2003.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON NOVEMBER 13, 2003, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler Watchman
Town Board Members
Assessors
Town Attorney
John Cushman
Town Clerk's Bulletin Board
STATE OF NEW YOI-~ ,)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly
sworn, says that on the } 0 day of ?40ao~t,~.~w..~ , 2003, she affixed a
notice of which the annexed printed notice is a tree 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 NOVMEBER 18, 2003:
A Local Law in Relation to Exemption for Disabled Persons with Limited Income
th A. Nevillg
Southold Town Clerk
Sworn before me this
/07g day of )'"L6~6), ,2003.
Public
LINDA J.
SOUTHOLD TOWN BOARD
PUBLIC HEARING
November 18, 2003
5:00 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO EXEMPTION FOR DISABLED PERSONS
WITH LIMITED INCOME."
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman Wilham D. Moore
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Absent: Councilman Craig A. Richter
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 6th day of November, 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 5:00 P.M.~ Tuesday, November 18, 2003, as the time and place for a
public heating at which time all interested persons will be heard.
LOCAL LAW NO. 2003
TOWN OF SOOTHOLD
A Local Law entitled "A Local Law in relation to Exeml)tion 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.
H. 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 fi:om 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 $21,599 $32,400. Any such person having a higher income shall be
eligible for exemption in accordance with the following schedule:
November 18, 2003
Public Hearing-Disabled Exemption
Annual Income
Up to $g-t~O9 $23,999
21,500 to $22,499 $24
22,500 to $23,499 $25
23,500 to $24,499 $26
24,500 to $25,399 $27
25,400 to $26,299 $27
26,300 to $27,199 $28
27,200 to $28,099 $29
28,100 to $28,999 $30
29,000 to $29,899 $31
III. Severability.
000 to $24
000 to $25
000 to $26
000 to $27
900 to $28
800 to $29
700 to $30
999
999
999
899
799
699
599
600 to $31,499
500 to $32,399
2
Percentage Assessed
Valuation Exempt
From Taxation
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
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, 2004.
Do 1 have anything written here? It has been noticed in the Town Clerk's bulletin board out there and I
should have a notice of this being in the local newspapers.
TOWN CLERK NEVILLE: It was published but I haven't received affidavits.
COUNCILMAN WICKHAM: The Town Clerk says it was published in the newspapers but we don't
actually have copies of that paper with us tonight.
SUPERVISOR HORTON: Would anybody care to address the Board on this public hearing? Yes,
Mr. Scott.
BOB SCOTT, CHAIRMAN, BOARD OF ASSESSORS: Bob Scott, Chairman of the Board of
Assessors. I just want to correct one thing. Tom said that the previous ceiling was $21,900. It was
$29,900. So that the increases are actually a $2,500 increase from $29,999 to $32,400.
COUNCILMAN WICKHAM: I thought that was a big jump.
MR. SCOTT: It was a big jump. But $29,900 to $32,400 is not a big jump and it is something that is
well worth it for the disabled people in the community and we think that we would love to have you
consider this and vote it in. You have done it in the past, done a terrific job of it and we would
appreciate you to continue with your efforts.
November 18, 2003 3
Public Hearing-Disabled Exemption
SUPERVISOR HORTON: Mr. Chairman, may I ask you just a quick question, not to put you on the
spot but you would probably know this better than anybody. Who in the State Offices, in the State
Legislatm-e sponsored this legislation this time around? Do we know?
MR. SCOTT: I really don't know.
SUPERVISOR HORTON: It didn't come to my office.
MR. SCOTT: It was enabling legislation that came to our office. We brought it immediately to you,
both for this one and for the Senior Exemption, which is going to come up in a few minutes.
SUPERVISOR HORTON: Thank you very much. Thank you for, I will say that the Town Board is
the body that enacts these but the Assessors Office is really on top of legislation to this effect that
comes before the Town Board and really guides us through the process and what the benefits would be
for the community and what the impacts would be to the taxpayers overall, so, thank you, to your
office Bob. Would anybody else care to address the Board on this legislation? (No response) Then
we will close this hearing:
Elizabeth A. Neville
Southold Town Board