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HomeMy WebLinkAboutLL 2011 #03ANDREW M. CUOMO GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALES ACTING SECRETARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 May 2, 2011 RECEIVED $oulhold Towa Clert RE: Town of Southold, Local Law 3 2011, filed on April 28, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny, us. Sincerely, State Records and Law Bureau (518) 474-2755 W~VW, DOS.STATE,NY.US E-MAIL:INFO~DOS.STATE.NY. US SOUTHOLD TOWN BOARD PUBLIC HEAR~G April 12, 2011 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Kmpski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This heating was opened at 7:59 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five {5) Consecutive Years". RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of April, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to he heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five {5) Consecutive Years" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The New York State Real Property Tax Law §467 provides that any person granted a Senior Citizen Exemption on five (5) consecutive completed assessment rolls shall not be subject to further application requirements, provided the Town Board adopts a local law relieving the individuals from such further application requirements, thereby making such exemption automatic on each subsequent assessment roll. The Town Board intends to permit this procedure for the Senior Citizen Exemption within the Town of Southold. April 12, 2011 Amendments to Chapter 245 2 II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: {}245-3 Applications. A. Applications for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor's office on or before the appropriate taxable status date. B. Any person who has been granted an exemption pursuant to this Article on five consecutive completed assessment rolls shall not be subject to the requirements set forth on Subsection A of this section; however, said persons shall be mailed an application form by the Assessor and a notice informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person, a sworn affidavit must be included with the tax payment, which shall state that such person continues to be eligible for said exemption. Such affidavit shall be on a form prescribed by the State Board as provided by the Assessor. If such affidavit is not included with the tax payment, the Receiver of Taxes shall proceed pursuant to §551-a of the Real Property Tax Law. 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted in the Suffolk Times on the 31st of March. A notice that it was posted on the Town Clerk's bulletin board on the 17th day of March and that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this local law? (No response) This hearing was closed at 8:03 PM Southold Town Clerk ELIZABETH A. NEVILLE, RMC, CMC 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 TIlE TOWN CLERK TOWN OF SOUTHOLD E $ 7782 97U April 26, 2011 Express Mail RE: Local Law No. 3 of 2011 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 3 of2011 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. Enclosures cc: Town Attorney Very truly yours, Lynda M Rudder Deputy Town Clerk Local Law Filin NEW OBK STATE nEP*,T ,ENT 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. ~1 County Cl City 1~ Town of -- SOUTHOLD rn Village Local Law No. 3 -- of the year 20~11. A Local Law entitled, A Local Law in relation to Amendments to Chapter 245, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years Be it enacted the Town Board of the: ~ County Cl City I'~ Town of Cl Village SOUTHOLD I. Purpose. The New York State Real Property Tax Law §467 provides that any person granted a Senior Citizen Exemption on five (5) consecutive completed assess requirements, provided the Town n,---~ -~ . , me. nt rolls shall not be subject to n,,-~- .... - .. · -,,,,~u uuopts a ~ocal law relieving, th~ ;*,A;.~;.~. ~ ~.~,.~ttl~s ~ppucanon o ....... ,~,~mums from such further application requirements, thereby making such exemption automatic on each subsequent assessment roll. The Town Board intends to permit this procedure for the Senior Citizen Exemption within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-3 Applications. ~A. Applications for such exemption must he made b th forms prescribed by the State Board, to be fi~rni~Yo~ ~e..o.w, ner or all .of the owners of the ro ert. furnish the information and be executed in the manner required or prescribed in such forms and shall be ......... ~oyme appropriate assessing autho~'Pty, l~n~Y~h°a~l filed in such Assessor's office on or before the appropriate taxable status date. ~who has been anted an exem tion~pursuant to this Article on five consecutive corn leted assessment rolls shall not be sub'ect to the re uirements set forth on Subsection A of this section. however said ersons shall be mailed an ap lication form b the Assessor and a notice informin him of (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) .his fights Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person, a sworn affidavit must be included with the tax payment, which shall state that such person continues to be eligible for said exemption. Such affidavit shall be on a form prescribed by the State Board as provided by the Assessor. If such affidavit is not included with the tax payment, the Receiver of Taxes shall proceed pursuant to §551-a of the Real Property Tax Law. IlL 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 3 of 20 11 . of the (Czxn:y)(C~ty)(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on April 12 ,20 11 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage 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)(re-passed 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 requesting 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 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. 3 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 the City of of 20 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 majority of the qualified electors of such city voting thereon at the (special)(general) election held on became operative. 20 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of the County of of 20 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 general election, became operative, a unit voting at said (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 ~orrect transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated m paragraph I , above. (SeaO rte oldie County legislative bodySCity. ;l'own or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date:. April 18, 2011 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 annexed hereto, t'~ Ma'rt4n D. FinnegXah, Town Attorney Jennifer Andaloro~ Esq., Assistant Town Attorney Title City Town of Date: SOUTHOLD April 18~ 2011 · PO BOX ]-179 i SOU'I'HOLD NY 1197,{.-09§9 10173 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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), successively, commencing on the 31st dayof March, 2011. Principal Clerk Sworn to before me this day of .. . . 2011. LEGAL NOTICE NOTICE OF PUBLIC HEARING ~VHEREAS, there bas been pre- sented to the Town Board of the Town of Southold. Suffolk County, New York, on the 15th day of March, 201L a Local Law entitled "A Local Law in rein' n to Amendments to Chanter 245, Tnvn. lion. to Permit Eligible Senior Citizens to Receive an Automatic Exemotion after Receivin~ Exemption for Five (~ Consecutive Years". RESOLVED 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 12th day of April 2011 at 7:32 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 Amee_~ ments to Chanter 245. Taxation. to P~'[- ~mit Eliuible Senior Citizens to Receive an Automatic Exemntion after Rece~v~ Lng Exemntion for Five ¢5t Consecu~i-ve Years" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chae*~r 245. Taxation. to Permit Elit, ible Se~io_r Citizens lo Receive an Automatic Ex- gmotion after Receivin~ Exemntion for Five (SI Consecutive Year?, BE IT ENACTED by the Town Board of the Town of Southold as roi ~.. CHRisTiNA vODNBKI NOTARY pUBLiC-STATE OF HEW yORK No. 01.VO6105050 Qu¢,llfi~d in Bu~io!k Courtly Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, March 17,2011 1:42 PM To: Cooper, Linda Subject: IRE: Legal Notice for 3/29/11 Hi Linda, I have received the notice and we are good to §o for the 3/31 issue, Thanks and have a §teat aftemoon/evenin§! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Thursday, Iqarch 17, 2011 12:30 PM To: tr-legals Subject: Legal Notice for 3/29/11 Happy St. Patrick's Day! attached hereto is a legal notice of Public Hearing for the 3/29/11 edition of the Suffolk Times. Please confirm receipt of this notice. Thank you and have a great day. Icoop Page 1 of l 3/17/2011 Cooper, Linda From: Cooper, Linda Sent: Thursday, March 17, 2011 12:30 PM To: Suffolk Times Legals Subject: Legal Notice for 3/29/11 Attachments: Sr Citizen tax exempt amend.doc Happy St. Patrick's Day! attached hereto is a legal notice of Public Hearing for the 3/29/11 edition of the Suffolk Times. Please confirm receipt of this notice. Thank you and have a great day. Icoop Page 1 of 1 3/17/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, Mamh 17, 2011 12:00 PM To: Reisenberg, Lloyd Subject: Legal Notice for web site Attachments: Document2.doc Please post on the web site. thank you 3/17/2011 Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Thursday, March 17, 2011 12:32 PM To: Scott, Robert; Beltz, Phillip; Neville, Elizabeth; Woodhull, Ruthanne; Al Krupski (alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent.orlando@town.southoldny.us); W. Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Hulse, Loft; Krauza, Lynne Cc: Glew, Claire; Cushman, John Subject: Sr Citizen tax exempt amend PH notice Attachments: Sr Citizen tax exempt amend.doc 3/17/2011 LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southotd, Suffolk County, New York, on the 15th day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years". RESOLVED 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 12th day of April, 2011 at 7:32 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 Chapter 245, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The New York State Real Property Tax Law §467 provides that any person granted a Senior Citizen Exemption on five (5) consecutive completed assessment rolls shall not be subject to further application requirements, provided the Town Board adopts a local law relieving the individuals from such further application requirements, thereby making such exemption automatic on each subsequent assessment roll. The Town Board intends to permit this procedure for the Senior Citizen Exemption within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-3 Applications. Applications for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forn~s and shall be filed in such Assessor's office on or betbre the appropriate taxable status date. Any person who has been granted an exemption pursuant to this Article on five consecutive completed assessment rolls shall not be subject to the requirements set forth on Subsection A of this sectiom however, said persons shall be mailed an application form by the Assessor and a notice informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment rolk provided, however, that when tax payment is made by such person, a sworn affidavit must be included with the tax payment, which shall state that such person continues to be eligible for said exemption. Such affidavit shall be on a form prescribed by the State Board as provided by the Assessor. If such affidavit is not included with the tax payment, the Receiver of Taxes shall proceed pursuant to §551-a of the Real Property Tax Law. IlL 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 15,2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON March 31,2011, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Web site Town Board Members Accounting Dept. Town Attorney Assessors' Office STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the / 7 ~' day of/?;~cc ,~ , 2011, 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. Re: Senior Citizen Tax Exempt Amend. Southold Town Clerk Sworn before me this /7 dayof /') >. ;. ~.-,z ~2011. LINDA J COOPER NOTARY PUBLIC, State of New Yorl~ NO. 01CO4822563, Suffolk COL Term Expires December 3 , 20 ~'~' Southold Town Board - Letter Board Meeting of March 15, 2011 RESOLUTION 2011-248 ADOPTED Item # 5.30 DOC ID: 6731 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-248 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH !5, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years". RESOLVED 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 12th day of April, 2011 at 7:32 p.m. at which time alt interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years", BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The New York State Real Property Tax Law §467 provides that any person granted a Senior Citizen Exemption on five (5) consecutive completed assessment rolls shall not be subject to further application requirements, provided the Town Board adopts a local law relieving the individuals from such further application requirements, thereby making such exemption automatic on each subsequent assessment roll. The Town Board intends to permit this procedure for the Senior Citizen Exemption within the Town of Southotd. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-3 Applications. Generated March 16, 2011 .. Page 41 Southold Town Board - Letter Board Meeting of March 15, 2011 Applications for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor's office on or before the appropriate taxable status date. Any person who has been granted an exemption pursuant to this Article on five consecutive completed assessment rolls shall not be subject to the requirement~ ~et fo_r/.h on Subsection A of this section; however, said persons shall be mailed an application form by the Assessor and a nohce informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person, a sworn affidavit must be included with the tax payment, which shall state that such person continues to be eligible for said exemption. Such affidavit shall be on a form prescribed by the State Board as provided by the Assessor. If such affidavit is not included with the tax payment, the Receiver of Taxes shall proceed pursuant to §551-a of the Real Property Tax Law. IlL 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A, Neville Southold Tow-n Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Vincent Orlando Generated March 16, 2011 Page 42