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HomeMy WebLinkAboutLL 2013 #09 SOUTHOLD TOWN BOARD PUBLIC HEARING November 6, 2013 7:05 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinizio, Jr. •s• Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:19 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of October, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". 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 6`h day of November, 2013 at 7:05 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 Enact the Business Investment Exemption" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the Town. In accordance with the Amendments to Ch 245 Public Hearing 2 November 6, 2013 Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 11 Targeted Business Investment Exemption §249 7. Exemption r-epealed. D..F....a t to A,e au i erity of Subdivision 7 of A 485 b e f the Deal DFepefly T.,., raw, ?he pai4ial b is hereby repealed insefiw a .e6 exemption euld have been appheabie to eligible Foal pr-epefty assessed for To%% purposes; 4245-7. Exemption Granted. A. Real property constructed, altered, installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activities that are set forth in the Industrial/Commercial Incentive Plan, Town of Southold, permitted uses pursuant to Chapter 280, Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan. Town of Southold shall be eligible for an exemption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district, by resolution, shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section, the terms "construction," "alteration," "installation" and "improvement' 'shall not include ordinary maintenance and repair. B. This exemption shall only apply to those projects where the cost of such construction, alteration, installation or improvements exceeds the sum of $50,000. The amount of the exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction, alteration, installation or improvement and reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentaee of Exemption 1. 50% 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% C. No exemption shall be granted unless such construction, alteration, installation or improvement is completed as may be evidenced by a certificate of occupancy or oth er appropriate documentation as provided by the owner. D. Application: (1) Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the New York State Department of Taxation and Amendments to Ch 245 Public Hearing 3 November 6, 2013 Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status date of the Town or County and within one year from the date of completion of such construction, alteration, installation or improvement. (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies, except for special ad valorem levies for school district pumoses, as herein provided, commencing with the assessment roll prepared after the taxable status date of March I of each year. The assessed value of any exemption granted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. E. In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold, the exemption granted shall cease. 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 October 24, 2013 as well as on the Town Clerk's bulletin board on October 15, 2013. And that is it. SUPERVISOR RUSSELL: Would anybody like to be heard on this particular local law? (No response) COUNCILMAN TALBOT: Hopefully some of the businesses in town did take advantage of this, we haven't come up with anything like this in recent memory that I know of and it has a potential to be a benefit, so I hope someone takes advantage of it. This hearing was closed at 7:23 PM Elizabeth A. Neville Southold Town Clerk Custonfbr Cop U eEel11-F, AptliZ ~~i'', EXPRESS MAIL Post UNITED STATES POSTAL SERVICE® Post ..,~~t Ott~eToAddres~c~. Delivery Attempt Time ~AM Employee 84n 'i M.. Day Cl PM D Wery Attempt Time ?AM Employee ffigmetee 9tly' M.. Day opm Delivery DeM1 Time O AM Employee9lll t m v txApaT rt,re Mo. DeI ? PM M ;;Afl$y8 NAMIPf{P M4IM 'MIIIwYwe1 Y. TO: IeIlAee mlxr) P1pN919 '474 ~755* r New York State Department of State State REcords s Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 L J { .A11iQ:IlI1 _ - _ I1'IWIIII I II 1 9,,_,r-.l.lllll 111 VIIIIIILIIIII VIII VIII VIII VIII IINIiiIIIIIIIIIIIIII EM 390736770 US . e PO/fZIP Code D IN Delivery - Poa e / N. a,dw D.IS ACCMtad ul Deb INDalivery Return Receipt Fae d~ l Hong $ Schedu Time of Daiw ry COD Fea Inwrarice Fee Time ACCqpbd El spe, ? AM Naan • MIXery Tobl Poa[eBe 8 Fees PM C Fled Rate ? wJ pht ? Pna day ? yd pry $ Int'I Alpha Country Cade Acce t E .Inidlala Ibs. MCINBBBFPAYMFIT, - Emreee ANi Gorya21e MC1. No. 19294 FROM: "vA°`"""D Plxxlf 3l 1 765-1R00 r TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971-0959 ATT. Town Clerk's Office L J sa:a~re:Dorn:n:7_[aan~a~rygygr~.w~y~.:~:~:: _ an ^',f STATE OF NEW YORK - DEPARTMENT OF STATE ONE COMMERCE PLAZA - ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE December 3, 2013 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road DEC - 9 2013 PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 9 & 10 2013, filed on November 29, 2013 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.NY.GOV E-MAIL' INFOCOM.NV.GOV Southold I own Board - letter Board Meeting of November 19, 2013 RESOLUTION 2013-839 Item# 5.26 ADOPTED DOC ID: 9223 'THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-839 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19,2013: WHEREAS, there has been resented to the Town Board of the Town of Southold; Suffolk County, New York, on the 8' day of October, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation to Enact the Business Investment Exemption", and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and now therefor 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 Chapter 245, Taxation to Enact the Business Investment Exemption" reads as follows: LOCAL LAW NO.9 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245 Taxation to Enact the Business Investment Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the Town. In accordance with the Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Targeted Business Investment Exemption *245 ' E,* : i d pa °i'-'cpc°•cv Generated November 20, 201 3 Page 35 Southold Town Board - Letter Board Meeting ol'November 19, 2013 b is hereb) repealed 611501al HS SLIeh exeinptioii would have been applicable to eligible real §245-7. Exemption granted. A. Real. property constructed, altered, installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activities that are set forth in the Industrial/Commercial Incentive Plan, Town of Southold, permitted uses pursuant to Chapter 280, Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan, Town of Southold shall be eligible for an exemption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district, by resolution, shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section, the terms "constriction," "alteration' "installation" and "improvement" shall not include ordinary maintenance and repair. B. This exemption shall only apply to those projects where the cost of such construction, alteration, installation or improvements exceeds the sum of $50,000. The amount of the exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction, alteration, installation or improvement and reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentage of Exemption 1 50% 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% C. No exemption shall be granted unless such construction, alteration, installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. D. Application: (1) Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the New York State Department of Taxation and Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status Generated November 20, 2013 Page 36 Southold Town Board - Letter Board Meeting of November 19, 2013 date of the Town or County and within one year from the date of completion of such construction- alteration. installation or improvement. (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies, except for special ad valorem levies for school district purposes, as herein provided, commencing with the assessment roll prep Tred after the taxable status date of March 1 of each year. The assessed value of any exemption p ranted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. E. In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold, the exemption granted shall cease. 111. 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. ajaAOL2 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Generated November 20, 2013 Page 37 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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. ? County ? City RI Town of SOUTHOLD ? Village Local Law No. 9 of the year 2013 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption Be it enacted the Town Board of the: ? County ? City O Town of SOUTHOLD ? Village 1. Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the Town. In accordance with the Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 11 Targeted Business Investment Exemption §245-7. Exemption granted. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) 1 A. Real property constructed, altered, installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activities that are set forth in the Industrial/Commercial Incentive Plan, Town of Southold, permitted uses pursuant to Chapter 280, Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan, Town of Southold shall be eligible for an exemption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district, by resolution, shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section, the terms "construction," "alteration," "installation" and "improvement" shall not include ordinary maintenance and repair. B. This exemption shall only apply to those projects where the cost of such construction, alteration, installation or improvements exceeds the sum of $50,000. The amount of the exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction, alteration, installation or improvement and reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentage of Exemption 1 50% 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% C. No exemption shall be granted unless such construction, alteration, installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. D. Application: (1) Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the New York State Department of Taxation and Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status date of the Town or County and within one year from the date of completion of such construction, alteration, installation or improvement. (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies, except for special ad valorem levies for school district purposes, as herein provided, commencing with the assessment roll prepared after the taxable status date of March 1 of each year. The assessed value of any exemption granted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. E. In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold, the exemption granted shall cease. 2 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. 3 (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. 9 of 20 13 of the ( -~(Gi"j(Town) (;411ege) of SOUTHOLD was duly passed by the TOWN BOARD on November 19 , 20 13 , 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. 4 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 of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote 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 there from and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 above. Clerk P e County legislative body. City. Town or (Seal) Village Jerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: November 22, 2013 (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 1, the undersigned, hereby certify that the foregoing local law con' ' s the come text and that all proper proceedings have been had or taken for the enactment of the local law annexed et . Signatur Martin D. Finnegan, Town Attorney Jennifer Andaloro, Esq., Assistant Town Attorney Title Q4Y Town of SOUTHOLD Date: November 22, 2013 5 ~oSUFFO~~.~, ELIZABETH A. NEVILLE, MMC ~Gy Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 N Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O .tC Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM39073677OUS November 25, 2013 Express Mail RE: Local Law No. 9 and 10 of 2013 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 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Ilome Rule Law, I am enclosing herewith certified copy of Local Law No. 9 and 10 of 2013 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, hl Vex-~~6!_Q~_ Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney SUMMARY OF LL/AMENDMENTS TO CHAPTER 245 ENACT BUSINESS INVESTMENT EXEMPTION THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS TOWN CODE CHAPTER 245 "TAXATION" WHICH IMPLEMENTS THE INDUSTRIAL/COMMERCIAL PLAN, TOWN OF SOUTHOLD, THE PURPOSE OF WHICH IS TO ATTRACT AND ENCOURAGE BUSINESS GROWTH, ALLOWING THE TOWN TO TARGET TAX INCENTIVES TO BUSINESSES THAT MAKE IMPROVEMENTS TO REAL PROPERTY IN AREAS IDENTIFIED BY THE TOWN. THE PROPOSED AMENDMENTS ALLOW EXEMPTION FROM TAXATION AND SPECIAL AD VALOREM LEVIES FROM EACH SCHOOL DISTRICT LOCATED WITHIN THE TOWN FOR CERTAIN IMPROVEMENTS TO REAL PROPERTY FOR THE PURPOSE OF COMMERCIAL, BUSINESS OR INDUSTRIAL ACTIVITIES THAT ARE SET FORTH IN THE TOWN OF SOUTHOLD INDUSTRIAUCOMMERCIAL INCENTIVE PLAN WHERE THE COST OF SUCH IMPROVEMENTS WOULD EXCEED THE SUM OF $50,000. THE PERCENTAGE OF THE EXEMPTION VARIES FROM 50% IN THE FIRST YEAR AND 5% IN THE TENTH AND FINAL YEAR. SUCH EXEMPTIONS SHALL BE GRANTED UPON APPLICATION BY THE OWNER AND FILED WITH THE TOWN ASSESSOR. THE TOWN ASSESSOR WILL BE CHARGED WITH APPROVAL OF SAID EXEMPTION. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. #11394 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) successfully commencing on the 24th day of October. 2013. Principal Clerk Sworn to before me this day of "13. installtd r -r v d autr&Qugnt the effective date of this Art' I ~ pps of comme I b 'ne or industrial activities that are t forth in the I d trial/ omm rrial Incentive Plan To of uth Id rn tt d pmt "'+,:.ISI A V c .I Comte 280, Zoning and h h egt fled parcels in the I dustii IJ I NOTARY FUBL!C-Stn ,.t%N YORK l=ntive PlanTo of uth Id shall be N, r eligible for an exemption from taxation O - - rt,f and special ad valorem levies from each school distil t located within the area My Coe: e... _ , .,;y 28, 2014 within which said m ti n h u Vpjy unless such hcol d'suigtby resolution ShWl determine that such exemptions hall not appLhabl to its tax x and ad valorem I c F the 1211 s of this section. the terns "constmeC It mf "instal- lation" and °imp ov nt' shall of in- eJude m ini nce and re air B. This exemption shall only apply Those prof cts where th cot of such con- struclion. alteration installation im- provements exceeds the sum of 50 000 Thee amount of the n shall 6 calculated by taking the increase in the assessed value of such real oropgrt at lrbutable tos ch construction. alteration installation orimprovement and reducing that mcrease'n the assessed al of such real p p rty on deck 'ng- oe tag_ basis Pursuant to the following ac eler ate strategic exemption schedule: }Vent of Percents a of Exemption Exemption 1. 50% 2 50 3 50% 4 40% 5 30% 6 20% Z 10% 8 10% _ 9 10% LEGAL NOTICE 10 3% NOTICE OF PUBLIC HEARING C No exemption hall he granted WHEREAS, there has been presented less such construction alteration instal- totheTownBoardoftheTownofSou[hold, lation or improvement is completed as Suffolk County, New York, on the 8th day may be evidenced by certificate of or - of October, 2013, a Local Law entitled A 001 or Pits pp_p -at d - Lucal Law in relation t Amendments t lation as provided by the owner. Chanter 245. Taxation. to Enact m Busi. D Application' ness Investment Exemption". Such exemption shall b granted RESOLVED that the Town Board of only upon application by the owner of the Town of Southold will hold a pub- such real property on for esc ib d lic hearing on the aforesaid Local Law by the New York State Depart ent of at the Southold Town Hall, 53095 Main Taxation and Finance. Such application Road, Southold, New York, on the 6th shall be filed with the Assessor of the day of November, 2013 at 7.05 p.m. at Town having the Power to - which time all interested persons will be erty for taxation on or before the app - given an opportunity to be heard. prate taxable status date of the Town The proposed Local Law entitled, A or County and within one year from the Local Law ' relation t Ameridments f date of completion of such construction Chapter2A5.Taxstio t EnadtheB alteration installation orimprovement. Invesmient Fvemptiom" reads as follows: (2) If the Assessor is satisfied that LOCAL LAW NO. 2013 the applicant is entitled t an exemption A Local Law entitled, •'A_Locl I a~ pursuant to this Article. he o he shall in relation to Amen emfs to hat approve the application and such real 245 Taxation to Enact the Business In Property shall thereafter be exempt from vesh Exemptio taxation and special ad valorem levie BE IT ENACTED by theTown Board except for special ad valorem levies for of the Town of Southold as follows: school district purpases. as herein pro- L Purpose. vided, commencing with the assessment New York State Real Property Tax Law roll prepared after the taxable status dal §485-b establishes a framework for coun- of March 1 of each Year. The assessed ties to work with other local governments value of any exemption granted ours . to encourage economic development that ant to this Article shall he entered by the is consistent with the master plans of the, Assessor on the assessment roll with tti communities and crafted in conformity with taxable o overty with the amount of the the needs of their residents, businesses and exemption shown in a separate column environment. Suffolk County has created E. In the event the real m~ the Industrial Commercial Incentive Board ed an exemption pursuant to this Article to work with the Towns within the County ceases to be used ori- ]v f eligible pur to agate a Strategic Industries PropertyTax roses as act forth in the Industrial/Corn- Abatement Plan,wbich includes the Indus- mercial Incentive Plan Town of Southold, trinhCommercial Incentive Plan, Town of the exemption granted shall cease. Southold, to art= and encourage business 111. SEVERABILITY growth, allowing the Town to target tax in- If any clause, sentence, paragraph, sec- centives to businesses that make improve- tion, or part of this Loral Law shall be ad- mentstoreal propertyinareasidentifiedby judged by any court of competent jurisdic- the Town. In accordance with the Strategic tion to be invalid, the judgment shall not industries Property Tax Abatement plan, affect the validity of this law as a whole or the Town n enacting this exemption to en- any part thereof other than the part so de- courage targeted economic development, cided to be unconstitutional or invalid. and the value of the exemption is justified IV. EFFECTIVE DATE by the need to provide employment oppor. This Local Law shall take effect im- tunities and broaden the tax base in desig- mediately upon filing with the Secretary nated areas within the Town of Southold. of State as provided by law. H. Chapter-245 of the Code of the Town Dated: October 8, 2013 of Southold is hereby amended as follows: BY ORDER OF ARTICLE tI THE TOWN BOARD 11irpete Business Investment OF THE TOWN OF SOUTHOLD Exemption Elizabeth A. Neville Town Clerk 11.394--11TT 10/24 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 15th day of October , 2013, 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. PI I 11 /6/13 @ 7:05 pm Chapter 245 izabeth A. Neville uthold Town Clerk Sworn before me this 15th day of October 2013. otary Public LYNDA M. RUDDER • Notary Public, State of Now Yak No.OIRU6020932 clualified in Suffolk County 1 5 - Commission Expires March S. 0.~ LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 81h day of October, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". 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 6`h day of November, 2013 at 7:05 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 Enact the Business Investment Exemption" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the "town. In accordance with the Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. 11. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 11 Targeted Business Investment Exemption §245 7 Exemption repeated. Pursuant h autherity of Subdivision '7 of § 495 b of the Real Prepel4 , Tax Law, the partial exemption fiem twEatien, speeial ad valorem levies and serviee eharges provided by sueh § 485 b is hereby fepeaied insafitr as sueh exemption would have been applieable to eligible reel prapei4y assessed thr T..., n p §245-7. Exemption granted. A Real property constructed altered installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activities that are set forth in the Industrial/Commercial Incentive Plan, Town of Southold permitted uses pursuant to Chapter 280, Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan, Town of Southold shall be eligible for an exemption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district by resolution shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section the terms "construction," "alteration," "installation" and "improvement" shall not include ordinary maintenance and repair. B. This exemption shall only apply to those projects where the cost of such construction alteration installation or improvements exceeds the sum of $50,000. The amount of the exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction, alteration installation or improvement and reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentage of Exemption 1. 50% 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% C No exemption shall be granted unless such construction, alteration, installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. • D. Application: (1) Such exemption shall be granted only upon application by the owner of such real propertv on a form prescribed by the New York State Department of Taxation and Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status date of the Town or County and within one year from the date of completion of such construction, alteration, installation or improvement. (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies, except for special ad valorem levies for school district purposes, as herein provided, commencing with the assessment roll prepared after the taxable status date of March 1 of each year. The assessed value of any exemption granted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. F In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold the exemption granted shall cease. 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. Dated: October 8, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on OCTOBER 24, 2013 and forward one (1) affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney TC Bulletin Bd Web site Assessors • Rudder, Lynda From: Reisenberg, Lloyd Sent: Friday, October 11, 2013 12:35 PM To: Rudder, Lynda Subject: RE: Chapter 245 - BIE Posted Llo-rd H. Reisenherg Aenvork and SVslems Administralor Town of south01d, New York Enroil:tlrryd. reisenhergCtr town. sotuUtold. ny. u.s O: 031-705-1891 0:631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the 40 tended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Friday, October 11, 2013 10:57 AM To: Glew, Claire; Jim Dinizio; Andaloro, Jennifer; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Louisa Evans; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewsl Michelle; Tracey Doubrava (tdoubravaCaltimesreview.com); William Ruland Subject: Chapter 245 - BIE For publication in the October 24, 2013 edition and the website • 1 Rudder, Lynda From: Tracey Doubrava <toubrava@timesreview.com> Sent: Friday, October 11, 2013 10:55 AM To: Rudder, Lynda; Glew, Claire; Jim Dinizio; Andaloro, Jennifer; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Louisa Evans; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: Re: Chapter 245 - BIE I've got this and will have published in the 10124 edition of the Suffolk Times. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. 0. Box 1500 attituck, NY 11952 P: (631) 298-3200 E: tdoubrava@timesreview.com From: <Rudder>, Lynda <lynda.rudder@town.southold.nv.us> Date: Friday, October 11, 2013 10:57 AM To: "Glew, Claire" <Claire.Glew(aDtown.southold.nv.us>, Jim Dinizio <jim@iamesdinizio.com>, "Andaloro, Jennifer" <Jennifer.andaloroPtown.southold.ny.us>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman, John" <John.Cushman(a)town.southold.nv.us>, "Doherty, Jill" <fill.doherty@town.southold.nv.us>, "Finnegan, Martin" <martin.finnegan@town.southold.nv.us>, "Krauza, Lynne" <Ivnne.krauza(@town.southold.nv.us>, Louisa Evans <Ipevans06390@gmaII.com>, "Reisenberg, Lloyd" <Lloyd.Reisenbere@town.southold.nv.us>, "Russell, Scott" <Scott. Russell Catown.southold.ny.us>, "Standish, Lauren" <Lauren.StandishPtown.southold.ny.us>, "Talbot, 0 istopher" <christopher.talbot(@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet(o?town.southold.nv.us>, mes Review <tdoubrava@timesreview.com>, William Ruland <rulandfarm@yahoo.com> Subject: Chapter 245 - BIE For publication in the October 24 2013 edition and the website 1 Southold Town Board - Letter Board Meeting of October 8, 2013 Q RESOLUTION 2013-741 Item # 5.25 ADOPTED DOC ID: 9143 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-741 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8,2013: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 81 day of October, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". 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 61h day of November, 2013 at 7:05 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 Enact the Business Investment Exemption" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial • Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the Town. In accordance with the Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. If. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 11 Targeted Business Investment Exemption §245 7. Exemption-repealed-. Generated October 9, 2013 Page 34 Southold Town Board - Letter Board Meeting of October 8, 2013 PuFsuant to the authority of Subdivision 7 of § 485 b of the Real PrOpel4y Tax Law, the paAial exemption ffern taxation, speeial ad Valorem levies and &245-7. Exemption granted. A. Real property constructed altered installed or improved subsequent to the effective date of this Article for the purpose of commercial business or industrial activities that are set forth in the industrial/Commercial Incentive Plan Town of Southold permitted uses pursuant to Chapter 280. Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan, Town of Southold shall be eligible for an °Wmption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district by resolution, shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section the terms "construction," "alteration "installation" and "improvement" shall not include ordinary maintenance and repair. B. This exemption shall only a 1 to those roiects where the cost of such construction alteration installation or improvements exceeds the sum of $50,000. The amount of the • exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction alteration installation or improvement and reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentage of Exemption 1 50% 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% • C. No exemption shall be granted unless such construction alteration installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. D. Application: (1) Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the New York State Department of Taxation and Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status date of the Town or County and within one year from the date of completion of such construction, alteration installation or improvement (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies except for Generated October 9, 2013 Page 35 Southold Town Board - Letter Board Meeting of October 8, 2013 special ad valorem levies for school district purposes as herein provided commencing with the assessment roll prepared after the taxable status date of March I of each year. The assessed value of any exemption granted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column E In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold, the exemption granted shall cease 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Generated October 9, 2013 Page 36