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HomeMy WebLinkAboutLL 2007 #04 . */ \;- ...." '- _:Ii - . RECEIVED APR It 2007 STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 Southord Town Clerk ELIOT SPITZER GOVERNOR LORRAINE A CORTES-VAzQUEZ SECRETARYQF STATE April 3, 2007 Lynda Bohn Town of South old Town Hall, 53095 Main Rd P.O. Box 1179 South old NY 11971 RE: Town of Southold, Local Law 4 5 & 6 2007, filed on 2/28/07 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.nv.us. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US . E-MAil: INFO@DOS.STATE.NY.US . . SOUTHOLD TOWN BOARD PUBLIC HEARING February 13, 2007 8:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" AND NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th dav of Februarv. 2007 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the goal of the Town of South old to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of South old is hereby amended as follows: (l245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. (1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003] Income Extent of Exemption Ur tEl $23,999 $21,000 tEl $21,999 $25,009 tEl $25,999 $26,000 tEl $26,999 $27,000 tEl $27,299 $27,900 to $2S,799 $22,800 to $29,699 $29,700 tEl $30,599 $30,690 tEl $31,199 $31,590 to $32,399 50%, 15% 10~<' 35% 30~<' 25% 20% 15~<' 10~<' 5~/v 2007/08 Limit Up to $25,999 $26,000 to $26,999 $27.000 to $27,999 $28,000 to $28,999 $29,000 to $29,899 $29,900 to $30,799 $30,800 to $31,699 $31,700 to $32.599 $32,600 to $33,499 $33,500 to $34,399 2008/09 Limit Up to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,899 $30,900 to $3 L799 $31.800 to $32,699 $32,700 to $33.599 $33,600 to $34,499 $34,500 to $35,399 2009/1 0 Limit Up to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31.000 to $31.899 $31.900 to $32,799 $32,800 to $33,699 $33,700 to $34,599 $34,600 to $35,499 $35,500 to $36,399 2010/11 Limit UP to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31.000 to $31.999 . . 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% . . $32,000 to $32,899 $32,900 to $33,799 $33,800 to $34,699 $34,700 to $35,599 $35,600 to $36.499 $36.500 to $37.399 30% 25% 20% 15% 10% 5% 9245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of$32,399 $34.399 effective Julv L 2006, $35,399 effective Julv L 2007, $36.399 effective Julv L 2008 and $37.399 effective Ju1v L 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5-1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L. No. 3- 1990; 2-2-1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that this has appeared in the local newspaper as a legal and it has appeared on the Town Clerk's bulletin board outside and I have no further communications on this public hearing. . . SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address this particular local law? (No response) Hearing none, can I get a motion to close the hearing? * * * * * ~o~ Elizabeth A. Neville Southold Town Clerk . . NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 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. C B lUlt)' ~ Town of Village SOUTHOLD LOCAL LAW NO.4 of 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board of the Town of South old as follows: 1. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: g245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. (I) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003] Income Extent of Exemption 2007/08 Limit Up to $25,999 $26,000 to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,899 $29,900 to $30,799 50% 45% 40% 35% 30% 25% (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 11/99) $30,800 to $31,699- 20% - $31,700 to $32,599 15% $32,600 to $33,499 10% $33,500 to $34,399 5% 2008/09 Limit Up to $26,999 50% $27,000 to $27,999 45% $28,000 to $28,999 40% $29,000 to $29,999 35% $30,000 to $30,899 30% $30,900 to $31,799 25% $31,800 to $32,699 20% $32,700 to $33,599 15% $33,600 to $34,499 10% $34,500 to $35,399 5% 2009/10 Limit Up to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31,000 to $31,899 $31,900 to $32,799 $32,800 to $33,699 $33,700 to $34,599 $34,600 to $35,499 $35,500 to $36,399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2010/11 Limit Up to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31,000 to $31,999 $32,000 to $32,899 $32,900 to $33,799 $33,800 to $34,699 $34,700 to $35,599 $35,600 to $36,499 $36,500 to $37,399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 9245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of 2 $34,399 effective July 1,2_, $35,399 effective July 1,2007, $361 effective July 1,2008 and $37,399 effective July 1,2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self- employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5-1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L. No. 3-1990; 2-2-1993 by L.L. No. 2- 1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 3 (Complete the certificln in the paragraph that applies to the M1tg 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. 4 of20 ~ of the (CBUIl~ HCi~ )(Town) (YiIlag8) of SOUTHOLD was duly passed by the TOWN BOARD on Februarv 13 , 20 !!l-, in accordance with the applicable provisions oflaw. 2. (pa~sage by 10eallegi~lati-le body with appFe,'al, no disappro\'al or repassage after disappro'/al b" the Eleetive Chief Exeeutive Of-fieeF* .) I hereby certifY that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(ViIlage) of of20 was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20_ on disapproval) by the in accordance with the applicable provisions oflaw. J. (Final adoption b,- referendnm.) 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 ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_, in accordance with the applicable provisions of law. ~. (Sulljeet to permissive referendum and final adoption beeause no valid petition was filed rel\uesting referendum.) I hereby certifY that the local law annexed hereto, designated as local law No. (County)( City )(T own )(V iIlage) of 20 of the of was duly passed by the on 20, and was (approvedXnot approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20_ , in accordance with the applicable provisions of law. · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, Ifthere 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. 4 'S,-CCit;" loeallaw eoneerning Chartl.edsion 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 ofa ml!iority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 _, became operative. Ii, (County local 18'\1' eoneerning adoption of Charter.) I hereby certifY that the local law annexed hereto, designated as local law No of20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certifY that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Clerk 0 the Coo egislative body. City. Town or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: February 20, 2007 (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 aw con . s the correct text and that all proper proceedings have been had or taken for the enactment of the local law nn 6-- . gnator tr' ia A. Finnegan, Esq., Town Attorney ran Corcoran. ESQ.. Assistant Town Attornev Title ('OUR!:, ~ Town of "ilIagi! Date: SOUTHOLD February 20, 2007 5 . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT O~'FICER FREEDOM OF INFORMATION OFFICER Town HaU, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 20, 2007 Federal Express New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 4-6 of2007 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 4-6 of 2007 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Bohn SouthoId Deputy Town Clerk Enclosures cc: Town Attorney Town of South old - Lette~ Board.eting of February 13,2007 RESOLUTION 2007-202 ADOPTED Item # 42 DOC ID: 2614 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-202 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 13,2007: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" which reads as follows: LOCAL LAW No.4 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: g245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. Generated February 14,2007 Page 59 Town of Southold - Lette~ Board.eting of February 13,2007 (I) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by 1.1. No. 16-1998; 1-30-2001 by 1.1. No. 3-2001; 3-25-2003 by 1.1. No. 6-2003; 11-18-2003 by 1.1. No. 26-2003] Income Extent of Exemption UIl to $23,999 $2~,000 to $2~,999 $25,000 to $25,999 $26,000 to $26,999 $27,000 to $27,899 $27,900 to $28,799 $28,800 to $29,699 $29,700 to $39,599 $30,600 to $31,~99 $31,500 to $32,399 50% ~5% ~O% 35% 30% 25% 29% 15% 10% 5% 2007/08 Limit UP to $25,999 $26,000 to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,899 $29,900 to $30,799 $30,800 to $31,699 $31.700 to $32,599 $32,600 to $33.499 $33,500 to $34,399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2008/09 Limit UP to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,899 $30,900 to $31.799 $31,800 to $32,699 $32,700 to $33,599 $33,600 to $34.499 $34,500 to $35,399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% Generated February 14,2007 Page 60 Town of South old - Lette~ Board _eting of February 13, 2007 2009/10 Limit Up to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.999 $3 1.000 to $3 1.899 $3 1.900 to $32.799 $32.800 to $33.699 $33.700 to $34.599 $34.600 to $35.499 $35.500 to $36.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 20 I 0111 Limit Up to $28.999 $29.000 to $29.999 $30.000 to $30.999 $3 1.000 to $3 1.999 $32.000 to $32.899 $32.900 to $33.799 $33.800 to $34.699 $34.700 to $35.599 $35.600 to $36.499 $36.500 to $37.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 9245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum 0[$32,399 $34.399 effective Julv I. 2006. $35.399 effective Julv 1.2007. $36.399 effective Julv I. 2008 and $37.399 effective Julv I. 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5- Generated February 14,2007 Page 61 Town of Southold - Letter- Board .eting of February 13,2007 1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L. No. 3-1990; 2-2- 1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~~ .'!L. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans Generated February 14,2007 Page 62 . Town of Southold - Letter . LL- Board ~ting of February 13,2007 RESOLUTION 2007-199 ADOPTED Item # 39 DOC 10: 2620 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-199 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 13,2007: RESOLVED that the Town Board of the Town of South old hereby finds that the adootion of the local law entitled "A Local Law in relation to Amendments to the Partial Tax Exemotion for Senior Citizens with Limited Income" is classified as a Tvoe II Action oursuant to SEQRA Rules and Reeulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ~2;k--'/.l.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated February 14,2007 Page 58 #8202 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), ,"""".ely, romme'O'9 0' the '" dey (I::JJz..rt/ ~ Principal Clerk Sworn to before me this 2007 c9- day of Ub ClmAJ/hw- Lt;La\ I CHRISTINA VOLlNSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01_V06105050 QU(llili~cl In Suflolk county Commlss1or. Expires FebrUary 28. 2008 LEGAL NOTICE NOTICE OF PUBLIC HEARING NonCE IS HEREBY GIVEN there has bee"Q presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemotion for Senior Citizens with Limited Income" AND NOnCE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the afore- said Local Law at the Southald Town Hall, 53095 Main Road, Southold, New York, on the 13th dav of Fehruan. 2007 at ~ at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Load I JlW in relation to Amendments to the Partial Tax ExemntiOD for Senior Citizens with Limited Income" reads as follows: LOCAl lAW NO. 2007 A Local Law entitled, i'A I,ocal r aw in relation to Amendments to the Partial Tax Exemotion for Senior Citizen~ with Limited Int":ome." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with lim- ited income. 11tis Amendment adjusts those tax exemptions to meet the full extent of the amended State law. n. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ~245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. (1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income Iimita~ tions: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by LL. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003J Inoome Extent of Exemption Up l~ $2),999 S8% $24,808 'v $Z 1.999 45% $25,808 'v $25.999 48% $26,808 'v $26,999 35% $27,808 'v $27,899 38% $27,908 '0 $20,799 25% $28,808 'v $29,699 28% $29,708 tv $38,599 15% 138,608 tv 131,m 10% 131,S8"'v 132,399 S% 2007108 Limit Un to $25 999 $2(1000 to $76 999 $27 000 to $27 999 $28 000 to $7.8 999 $29000 to $79 899 $29 900 to $30 799 $30 800 to $31 (199 $31 700 to $32 599 $32 600 to $33 499 $33 :'100 to $:w 399 2OM/09 limit Uo to $2(1 999 $27 000 to $27 999 $28 000 to $28 999 $29000 to $29 999 $30 000 to $30 899 $30 900 to $..11 799 $31 800 to $32 (199 $32 700 to $33 599 $33 600 to $34 499 $34 500 to $35 399 2009/10 Limit Un to $27 999 $28 000 to $28 999 $29 000 to $29 999 $30000 to $30 999 $31000 to $:\1 899 $31 900 to $37 799 $32 800 to $33 699 $33 700 to $34 599 $34 600 to $35 499 $35 500 to $36 399 2010/11 limit Uo to $28 999 :'10% $29000 to $7.9 999 45% $30000 to $30 999 40% $31000 to $:\1 999 :\5% $32 000 to $32 899 30% $32900 to $:\1 799 2:'1% $33800 to $34 (199 20% $34700 to $35 599 15% $35 600 to $36 499 ] 0% $36500 to $37 399 5% ~245-2. Conditions. [Amended 3-12- 1985 by L.L. No. 3-1985J No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year imme- diately preceding the date of making ap- plication for exemption exceeds the sum of $3r,399 $34 :\99 effective Julv 1 7006 $35199 effective Julv ] 2007 $36199 effective Jnlv 1 2008 and $17399 ef- fective Julv 1 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a per- sonal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the SO% 4:'1% 40% 15% 10% 2S% 20% 15% 10% 5% 50% 45% 40% 35% 30% 2S% 20% 15% 10% 5% 50% 45% 40% 15% 10% 25% 20% ]5% 10% S% sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; sal- ary or earnings; and the net income from self-employment, but not including a re- turn of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no de- preciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the pro- duction of income. [Amended 4-5-1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-]990 by L.L. No. 3-1990; 2- 2-1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003] m. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- alorinvalid. IV. APPLICABILITY AND EF- FECnvE DATE This Local Law shall apply to assess- ment rolls prepared on the basis of tax- able status dates occurring on or after January 1,2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated; January] 6, 2007 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8202-lT 2/1 . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" AND NOTICE IS HEREBY GIVEN that the Town Board ofthe Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of Februarv. 2007 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of South old is hereby amended as follows: g245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. (I) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following . . income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003] Income Extent of Exemption Up to $23,999 $24,900 to $24,999 $25,009 te $25,999 $26,000 to $26,999 $27,009 to $27,&99 $27,900 to $2&,799 $2&,&99 te $29,699 $29,700 to $30,599 $30,600 to $31,499 $31,500 to $32,399 2007/08 Limit 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% Up to $25.999 $26.000 to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.899 $29,900 to $30.799 $30.800 to $31.699 $31.700 to $32.599 $32.600 to $33.499 $33,500 to $34.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2008/09 Limit Up to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30,899 $30,900 to $31.799 $31.800 to $32.699 $32.700 to $33.599 $33.600 to $34.499 $34.500 to $35,399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2009/10 Limit UP to $27.999 $28,000 to $28.999 50% 45% . . $29,000 to $29,999 $30,000 to $30,999 $31.000 to $31.899 $31.900 to $32,799 $32,800 to $33,699 $33.700 to $34.599 $34,600 to $35.499 $35,500 to $36,399 40% 35% 30% 25% 20% 15% 10% 5% 2010/11 Limit UP to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31.000 to $31.999 $32,000 to $32,899 $32,900 to $33,799 $33,800 to $34,699 $34,700 to $35,599 $35,600 to $36.499 $36,500 to $37,399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% g245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of $32,399 $34,399 effective Julv 1,2006, $35.399 effective Julv 1. 2007, $36.399 effective Julv 1. 2008 and $37.399 effective Julv I. 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear ofreal or personal property held for the production of income. [Amended 4-5-1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L. No. 3- 1990; 2-2-1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003] III. SEVERABILITY . . If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON FEBRUARY 1, 2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Assessors Town Clerk's Bulletin Board Town Board Members Town Attorney . . ST ATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) notice of which the annexed printed notice is a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. the Town of South old, New York being , , 2006, she affixed a ELIZABETH A. NEVILLE, Town Clerk duly sworn, says that on the :J5 day of Public Hearing 2-13-07 at 8:00 p.m. ~Q~~ lizabeth A. Nev' Ie Southold Town Clerk ~s before ~this day of " ! LYNDA M. BOHN NOTARY PUBLIC, Stale of New York No. 01606020932 Qualified in Suffolk CountY Term Expires March 8 20 67 . - -, . Town of Southold - Letter . j~J-l Board lfeeting of Janu;;; 16, 2007 RESOLUTION 2007-116 ADOPTED Item # 34 DOC ID: 2534 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-116 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16,2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th dav of February. 2007 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of South old is hereby amended as follows: 9245-1. Partial Exemption for Senior Citizens. Generated January 17, 2007 Page 43 \ Town of South old - Lette. Boartteeting of January 16, 2007 A. Amount of Exemption. (I) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003] . Income Extent of Exemption Up to $23,999 $21,999 to $21,999 $25,009 to $25,999 $26,099 to $26,999 $27,999 to $27,899 $27,999 to $28,799 $28,809 to $29,699 $29,700 to $39,599 $30,699 to $31,199 $31,509 to $32,399 59% 15% 19% 35% 39% 25%. 20% 15% 19% 5% 2007/08 Limit Up to $25.999 $26.000 to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.899 $29.900 to $30.799 $30.800 to $31.699 $3 L700 to $32.599 $32.600 to $33.499 $33.500 to $34.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2008/09 Limit Up to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.899 $30.900 to $31.799 $31.800 to $32.699 50% 45% 40% 35% 30% 25% 20% Generated January 17,2007 Page 44 i" . Town of South old - Letter . Board Meeting of January 16, 2007 $32.700 to $33.599 $33.600 to $34.499 $34.500 to $35.399 15% 10% 5% 2009/10 Limit UP to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.999 $3 1.000 to $31.899 $3 1.900 to $32.799 $32.800 to $33.699 $33.700 to $34.599 $34.600 to $35.499 $35.500 to $36.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2010/11 Limit Up to $28.999 $29.000 to $29.999 $30.000 to $30.999 $31.000 to $31.999 $32.000 to $32.899 $32.900 to $33.799 $33.800 to $34.699 $34.700 to $35.599 $35.600 to $36.499 $36.500 to $37.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% S245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum 0[$32,399 $34.399 effective Julv I. 2006. $35.399 effective Julv I. 2007. $36.399 effective Julv I. 2008 and $37.399 effective July I. 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, ifno return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not Generated January 17,2007 Page 45 , , Town of Southold - Lette__ Boartteeting of January 16, 2007 including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5- 1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No, 1-1990; 3-27-1990 by L.L. No. 3-1990; 2-2- 1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No, 31-1994; 11-18-2003 by L.L. No. 26-2003] SEVERABILITY III. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~~-i/~. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated January 17,2007 Page 46