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HomeMy WebLinkAboutSC Chargebacks & Farmland AcquisitionIntro. Res. No. 1024-2011 Introduced by Presiding Officer, on request of the County Executive Laid on Table 2/1/2011 RESOLUTION NO.,:~'O -2011, TO READJUST, COMPROMISE, AND GRANT REFUNDS AND CHARGEBACKS ON CORRECTION OR ERRORS/COUNTY TREASURER BY: COUNTY LEGISLATURE NO. 347 WHEREAS, the County Legislature of the County of Suffolk may cancel assessments and grant refunds of taxes, in the case of erroneous or improper assessments, pursuant to the provisions of the Real Property Tax Law and the Suffolk County Tax Act; and WHEREAS, the properties represented by the item numbers or tax map numbers indicated below have been erroneously or improperly assessed as appears from the certificates of Assessors of the respective towns in which said properties are situated as described below and the procedures as provided in the Real Property Tax Law have been fully complied with; now, therefore be it RESOLVED, that the taxes for the properties represented by the item numbers or tax map numbers as shown for the year or years specified be readjusted or refunded in full or in part in the amount set opposite each such parcel as hereinafter indicated; and BE IT FURTHER RESOLVED, that the amount of such adjustment or refund be charged back to the respective town as provided by law. Description Year SOUTHOLD: Original Corrected Chargeback or Tax Tax Refund, if paid I000-133.00-01.00-015.003 2010/11 $4,452.62 0.00 $4,452.62 DATED:MAR 0 8 2011 APPROVED B~ ~ MAR 2 3 2011 SUFFOLK COUNTY County Legislature RIVERHEAD, NY ~l[z~s is to Cert~Jqj ¢F~at I, TIM LAUBE, Clerk of the County Legislature of the County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was duly adopted by the County Legislature of said County on March 8,2011 and that the same is a true and correct transcript of said resolution and of the whole thereof. In ~Yitness ~W~tereo~ I have hereunto set my hand and the official seal of the County Legislature of the County of Suffolk, Clerk ofthe Legislature Motion: ~Schneiderman, Browning, Mumtore, Eddington, Montano, Cilmi, Lindsay, Viloda-Fisher, Barraga, Kennedy, Nowick. Horstey, Gregory, Stem, D'Amaro, Cooper Second: :{omaine. Schneiderrnan, Browning, Muratore,~.-.. Eddington, Montano, Cilmi, Lindsay, ~arraga, Kennedy, Now~ck, Horsley, Gregory.~'Stem---~D, 'Amain. Cooper March 8, 2011 Co-Sponsors: Romaine, Schneiderman, Brow~ing, Muratore, Eddington, Montano, Cilmi, Lindsay, Viloda-Fisher, Barrega, Kennedy, Nowick, Horsley, Gregory, Stem, D Amaro, Cooper Legislator ~ MURATORE Thomas CILMI Thomas F. BARRAGA John M. KENNEDY, JR. Lynne C. NOWICK Wayne R. HORSLEY DuWayne GREGORY Steven H. STERN Lou D'AMARO Jon COOPER William J. LINDSAY, P.O. Tim Laube, Clerk of the Legislature MOTION __Send To CommlffeeC ;g,~ r~ ~,:~ Tabie,SUbject~To Calf :~ Tak,e Out-hr, Or~ler., Overr~deMeto CloSe Recess APPROVED~ FAILED NOT ADOPTED Roll Call Voice Vote.~ Intro. Res. No. 1070-2011 Introduced by Presiding Officer, on request of the County Executive Laid on Table 2/1/2011 RESOLUTION NO. ,-~-! -20tl, TO READJUST, COMPROMISE, AND GRANT REFUNDS AND CHARGE- BACKS ON REAL PROPERTY CORRECTION OF ERRORS BY: COUNTY LEGISLATURE (CONTROL NO. 841-2011) WHEREAS, the Director of the Real Property Tax Service Agency, under appropriate sections of the Real Property Tax Law, will cause to have investigated and a determination made as to whether those submitted "Correction of Error" items which would amend the assessment and tax rolls shall be recommended for approval (or recommended for denial) to the Suffolk County Legislature; and WHEREAS, the County Legislature of the County of Suffolk may cancel assessments, grant refunds of taxes in case of correction of errors on the assessment and tax rolls, and pursuant to the provisions of the Real Property Tax Law; and WHEREAS, the properties represented by the tax item number and/or Suffolk County Tax Map Number and indicated below have been duly investigated by the Real Property Tax Service Agency, and the procedures of the Real Property Tax Law having been fully complied with, together with documentation and amended tax statements placed on file with the County, as submitted by the appropriate Assessor and/or Receiver of Taxes; then BE IT RESOLVED, that the taxes for the properties represented by the tax item number and/or Suffolk County Tax Map Number, as shown, for the year or years specified be readjusted or refunded in full or part in the amount set opposite each such parcel as herein indicated; and BE IT FURTHER RESOLVED, that the amount of such refund, if tax paid or charge-back, be made to the respective TOWN as provided by law. KEY EXPLANATION RPTL SEC LIMITATIONS A Clerical Error 556 3 },ears B Unlawful Entry 556 3 years C Error in Essential Fact 556a 3 years RESOLUTION NO. CONTROL NO. 841-2011 Cha s 1975 Key Town Year S.C. Tax Original Corrected Chargeba~- Map NO Tax Tax Refund, if J Tax Paid ^ BROOKH^VEN 09/10 0200 52000 0200 057000 6517,33 2780.70 3736.63 A BROOKH^VEN 10/11 0200 52000 0200 057000 6701.74 2849.65 3852.09 ^ BROOKH^VEN 09/10 0206 01700 0300003003 52423,32 46389.56 6033.76 A BROOKHAVEN 10/11 0200 22910 0100 010000 12582.90 5293.76 7289,14 A BROOKHAVEN 10/11 0200 22910 0100 009000 8989.65 3595,86 5393,79 A BROOKHAVEN 10/11 0200 22910 0100 007000 8989.65 3595,86 5393.79 A BROOKHAVEN 10/11 0200 22910 0100006000 8989,65 3595.86 5393.79 A BROOKHAVEN 10/11 0200 229100100 005000 8390.34 3356,14 5034,20 A BROOKHAVEN 10/11 0200 22910 0100 002000 8390,34 3356.14 5034.20 A BROOKHAVEN 10/11 0200 22910 0100 001000 8989.65 3595,86 5393,79 A BROOKHAVEN 10/11 0200 85700 0300 024001 20381.20 16962.40 3418,80 A BROOKHAVEN 10/11 0200 18100 0700 022001 4123.60 449.48 3674.12 A BROOKHAVEN 10/'11 0200 24100 0200 067000 10394.28 7201.70 3192.58 A HUNTINGTON 10/11 0400 070000100 018004 11483.67 5708.36 5775.31 A HUNTINGTON 10/11 0400 24700 0100 019000 10980.10 8311.95 2668.15 A HUNTINGTON 10/11 0400 28101 0100 048000 12844.66 5209.48 7635.18 A HUNTINGTON 10/11 0400 03400 0400 026001 51516.41 27385.66 24130,75 A HUNTINGTON 10/11 0400 17200 0200 122000 14407.07 11469.57 2937.50 C ISLIP 10/11 0500 17200 0100042001 32284.21 28450.86 3833.35 C ISLIP 09/10 0500 17200 0100 042001 31393.98 27666.34 3727.64 A iSLIP 10/11 0500 15000 0100 003001 41657,04 35009.64 6647.40 C ISLIP 10/11 0500 10500 0200 040013 50466.83 40618,58 9848,25 C ISLIP 09/10 0500 10500 0200 040013 49087.83 39508,68 9579.15 C ISLIP 08~09 0500 10500 0200 040013 47427.51 38172,36 9255.15 A ISLIP 10/11 0500 09900 0200 066000 32153.84 29515.19 2638.65 A ISLIP 10/11 0500 09500 0200 064000 7467.27 527.74 6939~53 A RIVERHEAD 10/11 0600 02100 0200 018002 11133.84 2979,92 8153.92 A RIVERHEAD 10/11 0600 02100 0200018006 2773.05 260.90 2512.15 A RiVERHEAD 10/11 0600 02100 0200 018007 4267.40 421.99 3845.41 A RIVERH~D 10/11 0600 02100 0200 018009 4067.12 390.15 3676,97 A RiVERHEAD 10/11 0600 04600 0100 040001 2871.43 289.12 2582.31 A RIVERHEAD 10/11 0600 06700 0300 017002 9461.89 1125.51 8336.38 A RIVERHEAD 10/11 0600 06700 0300 026002 7283.27 757.33 6525.94 A RiVERHEAD 10/11 0600 07501 0100 032000 4277.05 1767.41 2509.64 A SOUTHAMPTON 09/10 0900 03500 0200 054004 34510.28 18718.15 15792.13 A SOUTHOLD 10/11 1000 06600 0200 002005 20232,86 15476.44 4756.42 *As Provided and Requested By Town Assessor or Receiver of Taxes DATED: ~AR 0 8 201'~ APPROVED BY.' Date: HAR 2 3 011 3 SUFFOLK COUNTY County Legislature R1VERItEAD, NY ~I'F~is fs to Certify C~tat I, TIM LAUBE, Clerk of the County Legislature of the County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was duly adopted by the County Legislature of said County on March 8,2011 and that the same is a true and correct transcript of said resolution and of the whole thereof. Ir~ 3¥itness 34ztiereof, I have hereunto set my hand and the official seal of the County Legislature of the County of Suffolk. Clerk of the Legislature Intro. Res. Motion: Schneiderman. Browning, Murstore, EaOTngton. Montano, Cilmi. Lindsay. Viloda-Fisher, Barraga. Kennedy, Nowick. Horsley. Gregory, Stets. D'Amaro, Cooper Second: ERd°dimnaig tnoe;,~ te 'a~ .~;'~ '; Lr ~n d~l i;;~r. Barraga. ~ennedy. Nowick, Horsley. Gregory, Stem. D%maro. Cooper Res. No. ~ March 8, 2011 I~o-Sponsors: Romaine, Sdaneiderman, Browning, Muratore, Eddington, Montano, Cilmi, Undsay, Viloda-Fisher, Barraga, Kennedy, Nowick, Horsley, Gregory, Stem, D'Amaro, Cooper MOTION LD Legislator Yes No Abs NP R 1 Edward P. ROMAINE 2 Jay H. SCHNEIDERMAN 3 Kate M. BROWNING 4 Thomas MURATORE 7 Jack EDDINGTON 9 Ricardo MONTANO 10 Thomas CILMI 11 Thomas F. BARRAGA 12 John M. KENNEDY, JR. 13 Lynne C. NOWICK t4 Wayne R. HORSLEY ..!.5 DuWayne GREGORY 16 Steven H. STERN 17 Lou D'AMARO 18 Jon COOPER 5 Vivian VILORIA-FISHER, D.P.O ,,,8William J. LINDSAY, P.O. L,~ J CIo§e Recess APPROVED /~ FAILED No Motion No Second Roll Call Voice Vote~,- Tim Laube, Clerk of the Legislature Intro. Res. No, 1054-2011 Laid on Table 2/1/2011 Introduced by Presiding Officer, on request of the County Executive and Legislator Romaine RESOLUTION NO. ~7 -2011, AUTHORIZING THE ACQUISITION OF FARMLAND DEVELOPMENT RIGHTS UNDER THE NEW SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM (EFFECTIVE DECEMBER 1, 2007) FOR THE WICKHAM PROPERTY- WICKHAM FRUIT FARM - TOWN OF SOUTHOLD (SCTM NO. 1000-103.00-11.00-022.000) WHEREAS, Local Law No. 24-2007, "A Charier Law Extending and Accelerating the Suffolk County ¼% Drinking Water Protection Program for Environmental Protection," Section C12-2(A)(1) authorized the use of 31.10 percent of sales and compensating tax proceeds generated each year for environmental protection, as determined by duly enacted Resolutions of the County of Suffolk; and WHEREAS, adequate funding is provided for, pursuant to Section C12-2(A)(1) of the SUFFOLK COUNTY CHARTER, from 31.10 percent of the sales and compensating tax proceeds, for the acquisition of such land; and WHEREAS, Resolution No. 405-2001, authorized planning steps for the acquisition of farmland development rights of the subject property; and WHEREAS, pursuant thereto, said acquisition is to be made in accordance with the procedures set forth in Chapter 8 of the Suffolk County Code which provides that the same shall be consummated in accordance with provisions of General Municipal Law Section 247 and the recommendation of the Suffolk County Farmland Committee; and WHEREAS, the Environmental Trust Review Board has reviewed the appraisals and the report of the Internal Appraisal Review Board and has approved the purchase price and authorized the Director of Real Property Acquisition and Management to negotiate the acquisition of farmland development rights; and WHEREAS, based upon the Environmental Trust Review Board approved value, an offer to acquire the rights to subject property was made to and accepted by the owner of said property; and WHEREAS, contracts to acquire said rights were prepared by the office of the County Attorney, executed by the owner of the subject property and the Director of Real Property Acquisition and Management and approved as to legality by the office of the County Attorney; now, therefore be it 1st RESOLVED, that the County of Suffolk hereby approves the acquisition of the farmland development dghts of the subject property set forth below under the New Suffolk County Drinking Water Protection Program, effective December 1, 2007, Farmland component, for a total purchase price of Four Hundred Eighty Six Thousand Dollars ($486,000.00+_), at Eighty One Thousand Dollars ($81,000.00) per acre for 6.0_+ acres, subject to a final survey; and hereby authorizes additional expenses, which shall include, but not be limited to, the cost of surveys, appraisals, environmental audits, title reports and insurance, and tax adjustments for inclusion in the Suffolk County Farmland Development Rights Program: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: No. I District 1000 6.0+ Section 103.00 Block 11.00 Lot 022.000 REPUTED OWNER AND ADDRESS: Jonathan Wickham 2056 S 1H-45 Wilmer, TX 75172 John L. Wickham 11752 Harford Road Glen Arm, MD 21057 and be it further 2nd RESOLVED, that the Director of the Division of Real Property Acquisition and Management and/or her designee, is hereby authorized, empowered, and directed, pursuant to Section C42-2(C)(3) of the SUFFOLK COUNTY CHARTER, to acquire the parcel(s) listed herein above from the reputed owner, the funding for which shall be provided under the New Suffolk County Drinking Water Protection Program, effective as of December 1, 2007, Farmland component, Section C12-2(A)(1)(f) of the SUFFOLK COUNTY CHARTER, for the County's purchase price of Four Hundred Eighty Six Thousand Dollars ($486,000.00+_), at Eighty One Thousand Dollars ($81,000.00) per acre for 6.0_+ acres, subject to a final survey; and, be it further 3rd RESOLVED, that the County Comptroller and County Treasurer are hereby authorized to reserve and to pay $486,000.00_+, subject to a final survey, from previously appropriated funds in capital project 525-8712.210 for the New Suffolk County Drinking Water Protection Program, effective December 1, 2007, Farmland component, Section C12-2(A)(1)(f) of the SUFFOLK COUNTY CHARTER, for this acquisition; and, be it further 4t~ RESOLVED, that the Director of the Division of Real Property Acquisition and Management and/or her designee; the County Planning Department; and the County Department of Public Works are hereby authorized, empowered, and directed to take such actions and to pay such additional expenses as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, title insurance and title reports, obtaining surveys, engineering reports and environmental audits, making tax adjustments and executing such other documents as are required to acquire such County interest in said lands; and, be it fudher 5th RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II Action pursuant to 6 NYCRR Sections 617.5 c (20) and (27) of the New York Code of Rules and Regulations since such actions are simply legislative decisions administering and implementing the acquisition of farmland development rights as part of the Suffolk County Farmland Preservation Program which will mainly result in a beneficial impact and for which SEQRA Determination of Non-Significance has already been issued. DATED: HAR 0 8 2011 APPROVE D County Executive of Suffolk ~)~{nty Date: MAR 2 3 2011 SUFFOLK COUNTY County Legislature R1VERHEAD, NY ~J~fzis is to Cert~j~t ~fzat I, TIM LAUBE, Clerk of the County Legislature of the County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was duly adopted by the County Legislature of said County on March 8, 2011 and that the same is a true and correct transcript of said resolution and of the whole thereof. In 34zitness ~4zf~ereof, I have hereunto set my hand and the official seal of the County Legislature of the County of Suffolk. Clerk of the Legislature Intro. Res. Motion: Ed~n~te, Schneiderman, Browning, Muratore, on, Montano, Cilmi, Lindsay, Viloria-Fisher, Barraga, Kennedy, Now{ck, Horsley, Gregory, Stem, D'Amaro, Cooper Second: Romaine, Sct~man, Browning, Muratore, Eddington, Montano, Cilmi, Lindsay, Viloria*Fisher, Barraga, ~ennedy, Nowick, Hors ay, Gregory, Stem, D'Amam, Cooper dp°ns°rs: ne, Schneiderman, Browning, Muratore, ton, Montano, Cilmi, Lindsay, Viloria-Fisher, Sarraga, y, Newick, Horsley, Gregory, Stem, DAmaro, Cooper LD Legislator Yes NoI!Abs NP R 1 Edward P. ROMAINE ~.. Jay H. SCNNEIDERMAN . .3Kate M. BROWNING 4 Thomas MURATORE 7 Jack EDDINGTON 9 Ricardo MONTANO ~ __ 10 Thomas CILMI 11 Thomas F. BARRAGA 12 John M. KENNEDY, JR. 13 Lynne C. NOWlCK 14 Wayne R. HORSLEY 15 DuWayne GREGORY 16 Steven H. STERN 17 Lou D'AMARO 18 Jon COOPER 5 Vivian VILORIA-FISHER, D.P.O 8 William J. LINDSAY, P.O. MOTION Table Send To Committee __.LayiOh The Tabl Tak,e Out-o[ Close Recess APPROVED X FAILED No Motion No Second ADOPTED NOT ADOPTED Roll Call Voice Vote~'~ Tim Laube, Clerk of the Legislature