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HomeMy WebLinkAboutLL 2013 #10 SOUTHOLD TOWN BOARD PUBLIC HEARING November 19, 2013 4:36 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinizio, Jr. r*+ Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 6:07 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6`h day of November, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 19th day of November, 2013 at 4:36 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 Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Superstorm Sandy caused catastrophic property damage in Suffolk County in the Fall of 2012. Many homes were either destroyed or severely damaged by the high winds, rains Amendments to Ch 245 Superstorm Sandy Public Hearing 2 November 19, 2013 and flooding associated with Superstorm Sandy. Superstorm Sandy struck the Town after assessment rolls were prepared; as a result, property owners who experienced substantial damage to their homes and businesses were required to pay their normal property tax bill in 2013. The State of New York has enacted legislation which addresses this inequity by authorizing local governments to grant assessment relief to Superstorm Sandy victims whose properties were substantially damaged or destroyed. The Town of Southold was included in the Federal Disaster Declaration of Superstorm Sandy and, therefore, is eligible to extend assessment relief to its residents. As such, the Town Board believes it is fair and equitable to provide relief to residents who saw their properties damaged or destroyed and their lives upended by Superstorm Sandy. Therefore, the purpose of this local law is to elect to provide assessment relief to persons substantially impacted by Superstorm Sandy as authorized by the "Superstorm Sandy Assessment Relief Act", enacted by the New York State Legislature as Chapter 424 of the 2013 Laws of the State of New York. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IX Assessment and Tax Relief for Property Owners Impacted by Superstorm Sandy &245-20. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). IMPACTED TAX ROLL - the final assessment roll which satisfies both of the following conditions: the roll is based upon (a) a taxable status date occurring prior to October 28, 2012, and (b) taxes levied non that roll were payable without interest on or after October 28, 2012. IMPROVED VALUE - the market value of real property improvements excluding the land. PROPERTY - Real property, property or land as defined under paragraphs (a) through (g) of subdivision 12 of New York Real Property Law. RELIEF ACT - the Superstorm Sandy Assessment Relief Act as enacted by New York State Legislature, Chapter 424 of 2013 Laws of the State of New York. SUPERSTORM SANDY - the storms, rains, winds or floods which occurred within the Amendments to Ch 245 Superstorm Sandy Public Hearing 3 November 19, 2013 State of New York and the County of Suffolk during the period October 29, 2012 and ending November 3, 2012. TOTAL ASSESSED VALUE - the total assessed value of the property prior to any and all exemption adjustments. &245-21. Implementation and Adoption of Superstorm Sandy Assessment Relief Act. This law adopts and implements the provisions of the Superstorm Sandy Assessment Relief Act, as enacted by the New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York, rg anting assessment relief to the victims of Superstorm Sandy. $245-22. Eligibility criteria and relief granted. Notwithstanding any provision of law to the contrary, the Town of Southold elects to provide assessment relief for properties damaged by Superstorm Sandy, as authorized by the Relief Act, as follows: Reduction of Assessed Value Lost Improved Value of Property Attributable to Improvements on as a result of Superstorm Sandy the Impacted Assessment Roll At least 10% but less than 20% 15% At least 20% but less than 30% 25% At least 30% but less than 40% 35% At least 40% but less than 50% 45% At least 50% but less than 60% 55% At least 60% but less than 70% 65% At least 70% but less than 80% 75% At least 80% but less than 90% 85% At least 90% but less than 100% 95% 100% 100% 4245-23. Other provisions. A. To receive relief under this law, a property owner must submit a written request to the Town Assessor's Office on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific requirements of the Relief Act. Such request shall attach any and all determinations made by the Federal Emergency Management Agency, any and all reports made by insurance adjusters, and describe in reasonable detail the damage d caused to the property by Superstorm Sandy and the condition of the property an shall be accompanied by supporting documentation, if available. Amendments to Ch 245 Superstorm Sandy Public Hearing 4 November 19, 2013 B. The percentage of loss in improved value shall be adopted by the Assessor from a written finding of the Federal Emergency Management Agency, or where no such finding exists, shall be determined by the Assessor in a manner provided by the Relief Act, subject to review by the Board of Assessment Review. C. Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in &245-22 of this law, provided that any exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally appearing on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this local law, the excess shall be considered an error in essential fact as defined by subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by Section 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by Sections 556 or 556-b of the Real Property Tax Law. If the error appears on a final assessment roll but not on a tax roll such final assessment roll shall be corrected in the manner prescribed by Section 553 of the Real Property Tax Law. $245-24. Applicability. This law shall apply to the impacted assessment roll as that term is defined in the Relief Act and this local law. II. SEVERABILITV 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 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 November 14 and on the Town Clerk's bulletin board on November 12, 2013 and that is it. SUPERVISOR RUSSELL: Would anybody like to be heard on this particular local law? We also have two assessor's in the audience tonight who can answer any questions anyone might have. Amendments to Ch 245 Superstorm Sandy Public Hearing 5 November 19, 2013 PATRICIA MCINTYRE: Hi. I am Patricia McIntyre from the New Suffolk Waterfront fund. I think most of you know we had some severe damage with Sandy and I saw, things that I read so far said it was based on the FEMA assessment. We have an assessment from the small business administration, I assume that would be the equivalent. SUPERVISOR RUSSELL: Let me just ask those, that is, the property you are referring to owned by New Suffolk Waterfront Fund? MS. MCINTYRE: Correct. SUPERVISOR RUSSELL: Would that be tax exempt parcel? TOWN ASSESSOR ROBERT SCOTT: Ninety percent. SUPERVISOR RUSSELL: Ninety percent exempt. MS. MCINTYRE: We don't get any Sandy relief? SUPERVISOR RUSSELL: This.... TOWN ASSESSOR SCOTT: We have to look at it case by case. SUPERVISOR RUSSELL: Yes and it would be really basically, it is actually a unique exemption in that it offers a retroactive effect. Most exemptions only go forward but I would urge you to sit down with the assessor's and determine how much you might qualify for. MS. MCINTYRE: Excellent. Thank you for your help. SUPERVISOR RUSSELL: Okay. Would anybody else like to address this particular local law? (No response) This hearing was closed at 6:10 PM Eli beth A. Neville Southold Town Clerk ~uuthul~l I „~,n Bo,ir11 - I.L tler L'o'lId \IC~: lin_ oI \oventhcI 19. 201 Rh:SOIT FION 2013-(442 Item 0 ?.29 ~y0z= ADOP 111) I)u( 11) O,va THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-842 WAS ADOP I ED AT THE REGULAR MEE FI NG OF FIIF SOU I HOLD TOWN BOARD ON NOVEMBER 19,2013: WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6"' day of November, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 245, Taxation to Provide Assessment anti Tax Relief to Proncrty Owners ImImeted by Superstorm Sandy" and WHEREAS the Town Board of the Town of Southold held a public (nearing on the aforesaid Local Law at Southold 'fowl I lull. 5 31095 Main Road. Southold. New York. on the 19'x' day of November, 2013 at 4:36 p.m. at which time all interested persons were given an opportunity to be heard 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 Chanter 245 Taxation to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" reads as follows: LOCAL. LAW NO. 10 2013 A Local Law entitled. "A Local Law in relation to Amendments to Chapter 245Taxation to Provide Assessment and Tax Relief to Property Owners Imn.rcted by Superstorm Sandy". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. Superstorm Stuuly caused Catastrophic propcrh damage in Suffolk Comm in the Fall of 2012. Many homes were either destroyed or severely damaged by the high winds, rains and hooding associated with Superstorm Sandy. Superstorm Sandy struck the "Down after assessment tolls were prepared; as a result, property owners who espcricnced substantial damage to their homes and businesses were required to pay their normal property tax bill in 2011 The State of New York has enacted legislation which addresses this inequity by authoriring local governments to grant assessment relief to Superstorm Sandy victims whose properties were substantially damaged or destroyed. The ['own of Southold was included in the Federal Disaster Declaration of Superstorm Sandy and, Gencrated November 20. 201 , Paloe 42 tiotit hold I uvvn Iioafd - ICItLI I3(,,II'I IMccum_ of :Nov CIIIhCI I9. 201 , thcrcfurc_ i , CIigihlc to CStcIId a„runlrnt I C l i c f to i t s ICSidC1tS. A, ~ach_ the I III oard hclicccs it is fair and Cc{uitzINC to prov'idC ICIicI I o IC~idcnts vrho SIvv IhCII III 011C It CS danloi-cd or dcstrovCd and their Ii9eS upended he SaperStOrm Sandv therefore, the purpose of this local law is to elect to provide assessment reIieI to persons substantially impacted by Superstorm Sandy as authorized by the "Superstorm Sandy mcnI RcIief \L1"'. CmIrtrd by Ihr VCvv Yo Ik StaIC I r, isI.Iltnc;1~, C'h;IpIcI -L -I 1,f the 2013 Laws of the State of New York. 11. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IX Assessment and Tax Relief for Property Owners Impacted by Superstorm Sandv X245-20. Definitions. Unless otherwise expressly stated. the following terms shall. for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall he used with a meaning as defined in Webster's Third Ncw International Dictionarv of the Lna;lishLantluagc, unabridged (or latest edition). IMPACTED TAX ROLL - the final assessment roll which satisfies both of the followinu, conditions: the roll is based upon (a) It taxable status date occurring prior to October 28. 2012, and (h) tnxes_Icv_ied upon that roll were paphle without interest on or after October 28.2012. IMPROVED VALUE. - the market value ohreal L)roperty improvements CxCILIC hilt-, the land. PROPERTY - Real property, property or land as defined under paragraphs (a) through of subdivision 12 of New York Real Property Law. RELIEF ACT - the Superstorm Sandy Assessment Rcliel Act as enacted bv New York State Legislatm-e, Chapter 424 of 2013 Laws of the State of New York. SUPERSTORM SANDY - the storms, rains, winds or floods which occurred within the State of New York and the County of Suffolk during the period October 29 20,12 and ending November 3, 2012. TO'l AL ASSESSED VALUI - the total assessed value of the properly prior to any and all exemption adjustments. (icneratcd Novcmhcr 20. 201 3 Pagc 43 SUUtIWid I~;\~ n IioalLI - LCUCt IiUald \Icetin~-, of November I,).2U1 §245-21. Implcmcutation and Adoption of Superstorm S:iudN Assessutcnt Relief Act. 'I his law adopts and implements the provisions of the Superstorm Sandy Assessment RQiicfAct, as enacted by the New fork State Lcogislaturo Chapter 424 ofthe 2013 Laws of the State of New York, gi ntinL assessment relief to the victims of Supcrstolm_Sandy. §245-22. Lligibility criteria and reliet' granted. Not~~ithstandina any provision 011M to the contruy, the lown of SOtltt]Utd elects to provide assessment relief for-properties damaged by Superstorm Sandy, as authorized by the Relief Act, as follows: Reduction of Assessed Value Lost Improved Valuc of Property Attributable to Improvements on as a 'result of Superstorm Sandv the Impacted Assessment Roll At least 10% but less than 20`Yo I At ]cast 20% but less than 30% 25% At least 30% but less than 40°/, 35`N, At least 40'N but less than 500/o 4SN0 At Ia1St WN0 but less than 60% 554„ At least 60'% but less than 70% 65% At ]cast 70% but less than 80% 75% At least 80`% but less than 90% 85% At Icast L)W/o but less than 100`N 95°/) 100%. 100% §245-23. Other provisions. A. to receive relief under this laws a_ property owner nwst submit a written request to the Town Assessor's Off ice on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific rev uircmcnts ol'the Relief-Act. Such request shall attach am and all Oenaatcd Novemhcr 20. '01 ; Pace 44 SUULhofl I kMn 130 clyd - Lcitcr Board \Irctim_ of NO\ cn)hcr 19, 20I dctrrminauon, m,I I: h~ the federal I inci mm Nlanagcmcnt ncl. am_,mcl all reports m sde bv insus mcc ail ssste-rs, and describe in reasonable detail the damage caused I o (Itc prupcu~ h\ Supentonn ~<uuk and the condition of t_hc pIopxIIy utd shall. he accompanied by supporting documentation, if available. B. The percenta(_,c of loss in improved value shall he adopted by the Assessor Irom a written oftile tcdcral Fn1C1_2c11cV ManuLacment.ALcncv._orwhcrc no such finding exists, shall be determined by the Assessor in a manner provided by the I?clief Act, suhject to review by the Board of Assessment Review. C. Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the inp)rovcmcnts on the properly on the impacted assessment roll shall be reduced by the appropriate percentage specified in 5245-22 of this law, provided that any exemptions which the property be receiving shall be adjusted as necessary to, account for such reduction in the total assessed valise. To the extent the total assessed value of the propert~I originally appearine on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this local law, the excess shall be considered an error in essential fact as defined by subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll. the tax roll shall be corrected in the manner provided by Section 554 of the Real Property Tax Law or a refund or credit of taxes shill be granted in the manner provided by Sections 556 or 556-b of the Real property "fax Law. If the error appears on a final assessment roll but not on a tax roll such final assessment roll shall be corrected in the manner prescribed by Section 553 of the Real Property Tax Law. §245-24. Applicability. 'this law shall apply to the impacted assessment roll, as that term is defined in the Relief Act and this local law. H. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to he 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 take effect immediately upon tiling with the Secretary of State as provided by law. Generated November 20, 201 Page 45 SUalhuhl 1 n Board I ~ILL'I lio;ud \Icclin~ of Voccmbcr I9- '013 Elizabeth A. NeNille Southold Town Clerk RESULT': ADOPTED I UNANIMOUS] MOVER: I oui~u 1'. I sins. lu>licc SECONDER: Christopher Talbot,Councilman AYES: Dinizio Ir- Rulnnd_ Doherty- Talhot. Pvans. Russell ( encratcd Noycmhcr 20. 2013 Paac 46 NEW l'ORE S'I ATE DEPARTMENT OF STATE J Filing 41 STAFF: STREE I Local Law ALBANY. NV 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 Q Town of SOUTHOLD ? Village Local Law No. 10 of the year 2013 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy Be it enacted the Town Board of the: ? County ? City Q Town of SOUTHOLD ? Village 1. Purpose. Superstorm Sandy caused catastrophic property damage in Suffolk County in the Fall of 2012. Many homes were either destroyed or severely damaged by the high winds, rains and flooding associated with Superstorm Sandy. Superstorm Sandy struck the Town after assessment rolls were prepared; as a result, property owners who experienced substantial damage to their homes and businesses were required to pay their normal property tax bill in 2013. The State of New York has enacted legislation which addresses this inequity by authorizing local governments to grant assessment relief to Superstorm Sandy victims whose properties were substantially damaged or destroyed. The Town of Southold was included in the Federal Disaster Declaration of Superstorm Sandy and, therefore, is eligible to extend assessment relief to its residents. As such, the Town Board believes it is fair and equitable to provide relief to residents who saw their properties damaged or destroyed and their lives upended by Superstorm Sandy. Therefore, the purpose of this local law is to elect to provide assessment relief to persons substantially impacted by Superstorm Sandy as authorized by the "Superstorm Sandy Assessment Relief Act", enacted by the New York State Legislature as Chapter 424 of the 2013 Laws of the State of New York. H. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IX Assessment and Tax Relief for Property Owners Impacted by Superstorm Sandy (if additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) 1 §245-20. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). IMPACTED TAX ROLL - the final assessment roll which satisfies both of the following conditions: the roll is based upon (a) a taxable status date occurring prior to October 28, 2012, and (b) taxes levied upon that roll were payable without interest on or after October 28, 2012. IMPROVED VALUE - the market value of real property improvements excluding the land. PROPERTY - Real property, property or land as defined under paragraphs (a) through (g) of subdivision 12 of New York Real Property Law. RELIEF ACT - the Superstorm Sandy Assessment Relief Act as enacted by New York State Legislature, Chapter 424 of 2013 Laws of the State of New York. SUPERSTORM SANDY - the storms, rains, winds or floods which occurred within the State of New York and the County of Suffolk during the period October 29, 2012 and ending November 3, 2012. TOTAL ASSESSED VALUE - the total assessed value of the property prior to any and all exemption adjustments. §245-21. Implementation and Adoption of Superstorm Sandy Assessment Relief Act. This law adopts and implements the provisions of the Superstorm Sandy Assessment Relief Act, as enacted by the New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York, granting assessment relief to the victims of Superstorm Sandy. §245-22. Eligibility criteria and relief granted. Notwithstanding any provision of law to the contrary, the Town of Southold elects to provide assessment relief for properties damaged by Superstorm Sandy, as authorized by the Relief Act, as follows: Reduction of Assessed Value Lost Improved Value of Property Attributable to Improvements on as a result of Superstorm Sandy the Impacted Assessment Roll At least 10% but less than 20% 15% At least 20% but less than 30% 25% At least 30% but less than 40% 35% At least 40% but less than 50% 45% At least 50% but less than 60% 55% At least 60% but less than 70% 65% At least 70% but less than 80% 75% At least 80% but less than 90% 85% At least 90% but less than 100% 95% 100% 100% 2 §245-23. Other provisions. A. To receive relief under this law, a property owner must submit a written request to the Town Assessor's Office on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific requirements of the Relief Act. Such request shall attach any and all determinations made by the Federal Emergency Management Agency, any and all reports made by insurance adjusters, and describe in reasonable detail the damage caused to the property by Superstorm Sandy and the condition of the property and shall be accompanied by supporting documentation, if available. B. The percentage of loss in improved value shall be adopted by the Assessor from a written finding of the Federal Emergency Management Agency, or where no such finding exists, shall be determined by the Assessor in a manner provided by the Relief Act, subject to review by the Board of Assessment Review. C. Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in §245-22 of this law, provided that any exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally appearing on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this local law, the excess shall be considered an error in essential fact as defined by subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by Section 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by Sections 556 or 556-b of the Real property Tax Law. If the error appears on a final assessment roll but not on a tax roll, such final assessment roll shall be corrected in the manner prescribed by Section 553 of the Real Property Tax Law. §245-24. Applicability. This law shall apply to the impacted assessment roll, as that term is defined in the Relief Act and this local law. II. 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 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. 10 of 20 13 of the O((Town) ) 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)(V il [age) 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.) 1 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 I above. Clerk oft ounty legislative body. City. Town or (Send) Village Cler 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 contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed heret Signature - Martin D. Finnegan, Town Attorney Jennifer Andaloro, Esq., Assistant Town Attorney Title Go"Ity "ty 'town of SOUTHOLD Date: November 22, 2013 5 ~osuFFOC,~c ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK o= P.O. Box 1179 rn Z Southold, New York 1.1971 REGISTRAR OF VITAL STATISTICS O `jC Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER O! outholdtownny.gov FREEDOM OF INFORMATION OFFICER wwws OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 25, 2013 EM39073677OUS 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 home 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, Lynda M Rudclcr Dcput) Mown Clerk linclOSUres cc fo\cn !Attoi nCv' ~a 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: INFO@DOS.NY.GOV Cooper, Linda From: Tracey Doubrava <tdoubrava@timesreview.com> Sent: Monday, November 11, 2013 10:05 AM To: Cooper, Linda Subject: Re: Legal Notice -Chpt 245 Tax relief re Sandy 11-19-13 I've got this and will have published in the 11/14 edition of the Suffolk Times. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 Mattituck, NY 11952 P: (631) 298-3200 E: tdoubrava@timesreview.com From: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us> Date: Sunday, November 10, 2013 10:39 AM To: tr-legals <legals@timesreview.com> Subject: Legal Notice -Chpt 245 Tax relief re Sandy 11-19-13 Hi, Please confirm receipt of this Legal Notice of Public Hearing to be published in the 11/14/13 edition of the Suffolk Times. Thank you and have a great day. " / Deputy Town Clerk Town of Southold 631-765-1800 70 wad rke klf" freak you waat #W you oaa. 1 #11446 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 14th day of November, 2013. cam, Principal Clerk Sworn to before me this 1 D day of ~1c V 2013. t} C RISIINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. OTV06105050 Quoliflad in Suflolk County ,Res February 28, 2016 Therefore, the purpose of this local New York Slat Office of Real P op t law is to elect to provide assessment re- Tax Services and accordance with the lief to persons substantially impacted by specific reotirements of the Relief Act. Superstorm Sandy as authorized by the Such rNue t hall attach any and all d "Superstorm Sandy Assessment Relief terminations mad by Ua F d 1 E Act", enacted by the New York State gency Management Ag ncy y and all Legislature as Chapter 424 of the 2013 report de by insurance adj t r and Laws of the State of New York. describe in reasonable detail the damage H. Chapter 245 of the Code of the caused to the perty by S to Town of Southold is hereby amended as Sandy and the co diC n of the o rt follows: and shall be p n' d by su rt ng ARTICLE IX documentation,if available. Assessment and Tax Relief f B. The lie. centag f to imp Property Owned b ulue shall be adopted by the A S pe i rmSandy from awritten finding fth F &deral Enter- §29-20. Definitions, genry Management Agcy, o where Unless otherwise expressly lat d the_ su findin exists. shall d t rain by followi g t ions h ll for h pup se of th Ascesso ' a e ovided bye this hooter have the mean' os ash re- Relief Ac[ suhiect to review by the Board in defined Any word or term not noted of % _sment Revi w het w shall be used with ea i y as C Where an A so determines defined in Webster' Third N Inter- property has lost at least 10% of t 'm- national Dictionary of the English Lau- proved lu d e to ye tag image unabridged ( latest edition). The assessed vale attributable to the 'm IMPACTED TAX ROLL - the final provements on the property on the Lm- assessment roll which satisfies both of patted assessment roll shall be reduced the f 0 wing ciinditions, the roll is based by the plop " t p entage Epe .fi n upon (a) a taxable status d t occu 'ng in 5245-22 of this law. pro 'ded that any prior to October 28.2012 nd Ib) taxes e oCo h' h the p t may be Ivied uonthat rgilwere paayabl without remvingshall be adjusted nece ary interest on or after October 28, 2012 to account for such reduction in the to- IMPROVED VALUE - the market tal assessed value. To the extent the total value of real l2rW rv improvements ex- ass ssed value f the prope ty o 'gi- eluding the land na Il y appearing o such roll exceeds the PROPERTY - Real p oerty - amount to which it should b reduced city or land as defined der o a¢ hs pursuant t the R lief Act and this 1 (al through (g) of subdivision 12 of Ne cal law, the excess shall b considered York Real P ocerty T~ an error in sse t al fat as d fined by RELIEF ACT - th Su torm can- subdivision 3 of Section 550 f the Real dyAssessment ReI f Act s en led by P~erty Tax Law. If the or Rpea New York State Legi later Ch to 424 on a tax roll the tax roll shall b correct- 01 2013 La of the State of New York. rd in the am r provided b Section SUPERSTORM SANDY - Lh 554 of the Real Property Tax Law or a _ torn rains. winds o fl od which oc rotund or credit of taxes shall be granted LEGAL NOTICE curred within the State of New York and in them ner od d by Sections 556 NOTICE OF PUBLIC HEARING the County f Suff_olkduring the period or 556-6 of the R alp oerty Tax Law If NOTICE IS HEREBY GIVEN, there Octob r 29 201 and parting N emb r he error appears on a final assessment has been presented to the Town Board 3 2012. roll but not a tax roll such final as- of the Town of Southold, Suffolk County, TOTAL ASSESSED VALUE the roll shall be corrected in th New York, on the 6th day of November, total assessed vale of the property sessmmannermt t scribed by Section 553 of the 2013, a Local Law entitled °A Loral haw to any and a__ Il elm ion dustmen Real Propera in relatia to A ea ents to Cb t 4245.21 ImpI mention and Ado 5245-24. tyApT 'x Law La 245 Taxatio t Provld Assessment 9n of Sucerst rm Sandy Assessment This law sh 11 poly t the impacted and Tax R inr to Ovrmars Oe Ion Re1lefAd, assessment rolls that term's defined in Paeted by buperatorm 5@W and This law ado t and implements the the Relief Act and this local law NOTICE IS HEREBY FURTHER provisions of the Superstorm Sandy A H. SEVERABILITY GIVEN that the Town Board of the sessment Relief Act as pact d by the If any clause, sentence, paragraph, Town of Southold will hold a public New York [at Leo la[ e Chapter section, or part of this Local Law shall hearing on the aforesaid Local law at 424 of the 2013 Laws of the Slate of New be adjudged by any court of competent Southold Town Hall, 53095 Main Road, York gra t ng se met -relief t the jurisdiction to be invalid, the judgment Southold, New York, on the 19th day of victims of Su rsto Sandy, shall not affect the validity of this law as November, 2013 at 4;36 p.m. at which 5245-22 Eligibility criteria and relief a whole or any part thereof other than time all interested persons will be given granted . the part so decided to be unconstitution- an opportunity to he heard. Notwithstandi ¢ any p revision of 1 al or invalid. The proposed Local Law entitled=AA to the co trarv the Town of Southold H. EFFECTIVE DATE Local taw ' relation to Amendments elpcts to Provide assessment lief for This Local Law take effect immedi- to Chaote 255 Ta tin t Provide properties damaged by Su erstorm ately upon filing with the Secretary of Assessment pd Ta Ret'ef to Properly Sandy, as authorized by the Relief I State as provided by law. Owners Impacted by Superstorm Sao as follows: Dated: November 6, 2013 reads as follows: Lyy_~p d R d eti n f BY ORDER OF LOCAL LAW NO A Value of P - Assessed Val THE TOWN BOARD Loral Law entitled, •'A Local cal Law OF THE TOWN OF SOUTHOLD in relation to Amendments Io Cha ter 9Mas a result f Atlrib table t S 1i o p e r s t m Improveme t Elizabeth A. Neville 245. Taxation to Pro 'de eesment Strady Town Clerk "a lax Relief to Property Owners Im on the Imm.et d 11446-1T 11/14 aaeted by So rata Sandy!. Ass ss t Roll BE IT ENACTED by the Town Board At least 10%b but 1501. Of the Town of Southold as follows: less Than 20% 1. Purpose. Superstorm Sandy caused catastrophic At least 20% but 2511% Property damage in Suffolk Cot in the less than 30% Fall of 2012. Many homes were either de- At least 30% but stroyed or severely damaged by the high less than 40% winds, rains and flooding associated with Superstorm Sandy. Superstorm Sandy At least 40% but 450% struck the Town after assessment rolls less !ban 50% were prepared; as a result, property own- ers who experienced substantial damage At least 50% but 55% to their homes and businesses were re- less than 60% quired to pay their normal property lax At least 60% but 651% bill in 2013. The State of New York has les than 70% eroded legislation which addresses this inequity by authorizing local govern- At least 70% but meats to grant assessment relief to Su- l=- than 80% perstorm Sandy victims whose properties At least 80% but 5% were substantially damaged or destroyed. less l% The Town of Southold was included in the COUNTY OF SUFFOLKSS: ) 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 14th day of November, 2013. 2~ Principal Clerk Sworn to before me this day of v V 2013. r, C RISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 eu0lliiad in Suffolk County ,`ras Fe b:uo,v 26, 2016 Therefore, the purpose of this local law is to elect to provide assessment re- in S[ t Off Re I P lief to persons substantially impacted b Tax Cervtc s a d with th Superstorm Sandy as authorized by the SmchfiC rerau a• oft R I" "Superstorm Sandy Assessment Relief lerntm tionst ade bt th Federal Emer- Act" enacted by the New York State e Legislature as Chapter 424 of the 2013 repoa ma e dehvm~ z ¢ Laws of the State of New York It. Chapter 245 of the Code of the escnbe t , alit detall 'Ile ae Town of Southold is hereby amended as S~sed t the nsrtv 6 Seen follows: d~snd h , condo Fth ands II be r~.,....,_n d h ARTICLE IX ARAM of and Ta_ tr r fr d_oB Th t t f.,ilaMg su~n ~oerty u--~ ~ B yWI 7h~rc~ntae~ f -Shall .m Sure , rct_~ he ad ed h th q $29.5-20 Defi r: °mawnI nfi Art ftheFee IF Daless nth, rwi a n e 1 EensLMa an rat A h -pie fo uc d _119wnnh hall th a of e extsL fiat be A this Cha [ r h v th uIganitim; as h 1LSSe-~°-;n a m the R li ef Act subtect t rwd d by the md_¢tmed. Anvwo rat eat noted d ren w b th B b~.Ajllw Shall be d wittl _ meaning ufiV meat __J -__I deft ed n IT, Is Third v w I t W here n._____ nn anon Dt non, T° la fLhE I. h L moo tv as lost t I of r a d e t d'ti r ved l e due [ S L-gC1~TAX ROI [ a sced.,~t,e.... b-sl" asse~_nt mu wht sf~ rove rats nth r o rty o tothelin thefollow ~.,..dttc h BisfiI th f enacted U1rat op IIInall be the reduced X99 (a) a t x ble st lu date 00 To r o -tn o nor t Octnh Zg omo 245 22 of th t aded t~~ let on [hat 11- x-~ s which the ¢ t an, y may be to esl on h aft able wit b reset rao `hall b si Jl or 12. account t fors such Le d s It IM PROVED VgLt E - 28 2n t the market tat assessed value. To [he exterat it value of re I ro e t ' o al 1 rovem rats ex- asse sed value th land of the rt one, - PROPERTY - r~anoe Real r.odeo art to cb ell rt orl nd a~oa I amount to which t should b reduced L] through O f bA ` U at to th uo+ 4 p N York Re 1 Pro r _s e- A th I-- cal law the exec s shall RELIEF- q con i ered w t runs ^ am error in essential fact as defined b d Assessment Relief A t as ease a su d'vision 3 50 f h New Ills I LP 'statue Ch to 474 Pram Taz LaS If t-J ea of w ..r.h on a tax , . r II th tax roll h 11 be torte t- SUPERSTORM- q ` ea I th ma ner .....vide b c LEGAL NOTICE storms rain s wands or fl d h the 554 of the Re I Pr x L NOTTC LEGAL TICEARING urre within c r f nd or crPull ..r taxes s an be finewY rk A rat tl OFPUBLIC NOTICE IS HEREBY G the Cotm[ of c ,ff^m a r n the manner tended b e lions 5 ere has been presented to the To" Boa d 3 Z~r 29 2~ d ewe tryor 55b e ego of the Real a en Tax w.1f of the Town of Southold, Suffolk County onears on , I New York, on the 6th day of Novembeq of try ¢ssed S IuSCf [he o o ert I ol. unt 1 h ~ ,•x be r II co ected assess s m t 2013,a in sessmen[ roll II n III Local Law entitled ^A met r I anv and all a nor m nner resenbed b Section 553 of the relation to A x9 r' 3a_ yr tam- to Prnwt is t a 21 Imd ~enb[I u Ad Real Pr rt~_ 8pd-TI Rshet t o v.....e A r Lfno of Suoe.st°r... •Ass &245-24.A deal l Med a Act. m Tlus 111a1t ^nI to the It t [m S d "and' This law ado is and implements the t defined n NOTTCE IS HEREBY FURTHER revisions of the Suoerstorm C d ths Relief r°ll as th at [ callaw e- GIVEN that the Town Board of the Act and this local Town of Southold will hold a New York [ate of as a cted b the H. SEVERABILITy ubli, It any hearing on the aforesaid Local Law at 4240 the 2013 Laws of the Slate of Ne coparagraph, Southold Town H section, or part of this Local Law shall ter w se adjudged by any court this sentence all, 53095 Main Road, York r tin assessment relief to the Southold, New York, on the 19th day of victim of Su erstorm Sand . November, shall net of[c be invalid, the judgment 201te of rso a[ which 245-22. Eli ibili[ criteria and relief awh letorfa~t the validity of this law as time all interested persons s w Ill be given granted. an opportunity to be heard. part thereof other than The Proposed Local No vat nd n -the pan so deci ded to be uncons[i[ution- Law entitled`A to the wratra revision of 1 al or invalid. t al ore to t~-'-~ ele°t to orov the Town of outhold H,E 245. Ta C6P ehef f ITECTTVE DATE Assessment and o erties dams edThis Local Law take effect immedi- ax Rehef tt Pro a and-. ue author ied b the IP efto m ately upon filing with the Secretary of Owners Im cted b Su rstorm Sao• as follows State as provided bylaw. dy" reads as follows: Dated: November 6, 2013 LOCAI LAW NO Est --hod Reduction A Local Law enhtled,'A Local L f Pr Asp BY ORDER OF in relation to Amendments to Cha ter rte. 89-_res~t f Attrib THE TOWN TOE BOARD 245 Taxation to S u ra r OF OF SOUTHOLD and In Relief to Pro ode essment Ir°nr em [ Elizabeth A. Neville Med by Su Wners moo As tb--~-. Town Clerk rstd !~~m tAon 11446-3T 11/14 _ BE ITENACTEDbythe Town Board At ast 10% 5% of the Town of Southold as follows: b 1_ I. Purpose. less tha 2u% SuPerstomr Sandy caused catastrophic At1 is-`20%hest Property damage in Suffolk Count less than 0 ZSg e % Fall of 2012. Many homes were either de- stroyed or severely damaged by the high At leas- t- 30% hot 3501. winds, rains and flooding associated with le han41 % Superstona Sandy. Supenatim Sandy At least 40% h struck the Town after assessment rolls Ie~than 50% `L were prepared; as a result, property own- ens who experienced substantial damage At least 50% h to their homes and businesses were re- less th n 6t1si 5% quired to pay their normal property tax t 1 = 60% but bill in 2013. The State of New York has les t- h ^2° 5 enacted legislation which addresses this inequity by so a iz' g local govern- At lust 70 but ments to grant assessment relief to Su- I s~€sn % perstorm Sandy victims whose properties were substantially damaged or destroyed. At )fast SO% but TheTownofSouthold was included in the lee than 90% Federal Disaster Declaration of Super- lillast 90% but storm Sandy and, therefore, is eligible to kssthi 9511. extend assessment relief to its residents As such, the Town Board believes it is fair 1001/ and equitable to provide relief to resi- dents 1115.2a (H6 100% dents who saw their properties damaged t4To rid w, a or destroyed and their fives upendeby ore rt o r must u- bi. la vritten Superstorm Sandy. reouest t the Hula Iss- I I I a form a rove by th ~~V`tt`'e on / DJJgy e 30 1 NOVEMBER 14, 2013 1 SUFFOLKTIMES.COM LEGAL NOTICES Therefore, the purpose of this local New York State Office of Real Propert y law is to elect to provide assessment re- Tax Services and in accordance with the lief to persons substantially impacted by specific requirements of the Relief Act Superstorm Sandy as authorized by the Such request shall attach any and all de- "Superstorm Sandy Assessment Relief terminations made by the Federal Liner Act", enacted by the New York State genev Management Agenev, any and all Legislature as Chapter 424 of the 2013 reports made by insurance ad asters and Laws of the State of New York. describe in reasonable detail the damage H. Chapter 245 of the Code of the caused to the property by Superstorm, Town of Southold is hereby amended as Sandy and the condition of the property follows: and shall be accompanied by supporting ARTICLE IX documentation, if available. Assessment and Tax Relief for B The percentage of loss in improved Property Owners Impacted by value shall be adopted by the Assessor Superstorm Sandy from awritten Udin¢oftheFederal Emer- §245-20. Definition& gency Management Aged. or where no Unless otherwise expressly stated. the such findine exists shall be determined by following terms shall. for the pm=se of the Assessor in a manner provided by the this Chapter, have the meanings as here- Relief Act, subject to review by the Board in defined. Any word or term not noted of Assessment Review below sball be used with a meaning as C. Where an Assessor determines a defined in Webster's Third New Inter- property has lost at least 10% of its im- national Dictionary of the Em dish Lan- proved value due to Superstorm Sandy, gu,e, unabridged (or latest edition): the assessed value attributable to the im- IMPACTED TAX ROLL - the final provements on the property on the im- assessment roll which satisfies both of patted assessment roll shall he reduced the following conditions the roll is based by the appropriate [e rz cen<age specified upon (al a taxable status date occurring in 4245-22 of this law. provided that any prior to October 28, 2012, and (b) taxes exemptions which the property may be levied uon that roll were payable without receiving shall be adjusted as necessary interest on or after October 28. 2012. to account for such reduction in the to- IMPROVED VALUE - the market tal assessed value. To the extent the total LEGAL NOTICE value of real property improvements ex- assessed value of the property orig_- NOTICE OF FORMATION, Farm- eluding the land. nally appearing on such roll exceeds the view Landscaping and Irrigation LLC. PROPERTY - Real property. prop- amount to which it should be reduced Articles of Org. filed with Secretary of ertv or land as defined under paragraphs pursuant to the Relief Act and this lo- State of NewYork (SSNY) on 1029/2013. (a) through (g) of subdivision 12 of New cal law, the excess shall be considered Office location: Suffolk County. SSNY York Real Property Law. an error in essential fact as defined by designated for service of process. SSNY RELIEF ACT - the Superstorm San- subdivision 3 of Section 550 of the Real shall mail copies of any process served dy Assessment Relief Act as enacted by Property This Law. If the error appears against the LLC to c/o: THE LLC, 720 New York State Legislature. Chapter 424 on a tax roll, the tax roll shall be correct- Cottage Way, Mattituck, NY 11952. Put- of 2013 Laws of the Stale of New York. ed in the manner provided by Section pose: any lawful purpose or activity. SUPERSTORM SANDY - the 554 of the Real Property Tax Law or a 11,445-6T 11/14,21,28; 12/5,1219 storms. rains, winds or floods which oc- refund or credit of taxes shall be granted LEGAL NOTICE turned within the State of New York and in the manner provided by Sections 556 NOTICE OF PUBLIC HEARING the County of Suffolk during the period or 556-b of the Real property Tax Law. If NOTICE IS HEREBY GIVEN, there October 29, 2012 and ending November the error appears on a final assessment has been presented to the Town Board 3 2012. roll but not on a tax roll, such final as- of the Town of Southold, Suffolk County, TOTAL ASSESSED VALUE - the sessment roll shall be corrected in the New York, on the 6th day of November, total assessed value of the property prior manner prescribed by Section 553 of the 2013, a focal Law entitled "A Loral Law to any and all exemption a ustments. Real Property Tax Law. in relation to Amendments to Chanter 4245-21. Implementation spit Adop- 4245.24. AppEcabiliM.. 245- Taxation. to Provide Assessment lion of Superstorm Sandy Assessment This law shall apply to the impacted and TO Relief to Proneerty Owners Im- Rehef Act . assessment roll as that term is defined in pacted by Superstorm Smdv" and This taw adopts and implements the the Relief Act and this local law. NOTICE IS HEREBY FURTHER provisions of the Superstorm Sandy As- D. SEVERABILITY GIVEN that the Town Board of the sessment Relief Act, as enacted by the If any clause, sentence, paragraph, Town of Southold will hold a public New York State Legislature, Chapter section, or part of this Local Law shall hearing on the aforesaid Local Law at 424 of the 2013 Laws of the State of New he adjudged by any court of competent Southold Town Hall, 53095 Main Road, York granting assessment relief to the jurisdiction to be invalid, the judgment Southold, New York, on the 19th day of victims of Superstorm Sandy shall not affect the validity of this law as November, 2013 at 436 p.m. at which 4245-22. Eligibility criteria and relief a whole or any part thereof other than time all interested persons will be given granted the part so decided to be unconstitution- an opportunity to be heard. Notwithstanding any provision of law al or invalid. The proposed Local Law entitled -"A to the contrary, the Town of Southold R. EFFECTIVE DATE Local Law in relation to Amendments elects to provide assessment relief for This Local Law take effect immesh to Chapter 245- Taxation- to Provide properties damaged by Superstorm ately upon filing with the Secretary of Assessment and Tax Relief to Properly Sandy, as authorized by the Relief Act State as provided by law. Owners Impacted by Superstorm San- as follows: Dated: November 6, 2013 dX reads as follows: Lost Improved Reduction of BY ORDER OF LOCAL LAW NO. 2013 Value of Prop= Assessed Value THE TOWN BOARD A Local Law entitled, "A Local Law ertv as a result of Attributable to OF THE TOWN OF SOUTHOLD in relation to Amendments to Chapter Superstorm Improvements Elizabeth A. Neville 245- Taxation- to Provide Amessmeut Sandy on the Impacted Town Clerk and Tax Relief to Progeny Owners Im- Assessment RoB 11'446 1T 11I1a parted by Sulterstorm Sandy". BE IT ENACTED by the Town Board At least 10% but 15% of the Town of Southold as follows: less than 20% L Purpose. At least 20% but 25% Superstorm Sandy caused catastrophic less than 30% property damage in Suffolk Countyin the Fall of 2012. Many homes were either de- At least 30% but 35% stroyed or severely damaged by the high less than 40% winds, rains and flooding associated with Superstorm Sandy. Superstorm Sandy At least 40% but 45% struck the Town after assessment rolls less than 50% were prepared; as a result, property own- At least 50% but 55% ers who experienced substantial damage less than 60% to their homes and businesses were re- quired to pay their normal property tax At least 60% but 65% bill in 2013. The State of New York has less than 70% enacted legislation which addresses this inequity by authorizing local govem- At least 70% but 75% ments to grant assessment relief to Su- less than 80% perstorn Sandy victims whose properties At least 80% but .5>f_% were substantially damaged or destroyed. less than 90% The Town of Southold was included to the Federal Disaster Declaration of Super- At least 90% but 951/6 storm Sandy and, therefore, is eligible to less than 100% extend assessment relief to its residents 100% 100% As such, the Town Board believes it is fair 4245.13 Other provisions and equitable to provide relief to resi- A To receive relief under this law, a dents who saw their properties damaged or destroyed and their lives upended by property owner must submit a written Superstorm Sandy. request to the Town Assessor's Office he a form approved by the Director of the breaking news as it h; SUMMARY OF LUSUPERSTORM SANDY ASSESSMENT RELIEF ACT THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS AFTERNOON'S PUBLIC HEARING AMENDS CHAPTER 245 OF THE SOUTHOLD TOWN CODE, THE PURPOSE OF WHICH IS TO PROVIDE ASSESSMENT RELIEF TO PERSONS WHOSE PROPERTIES WERE DAMAGED OR DESTROYED BY SUPERSTORM SANDY AS AUTHORIZED BY THE "SUPERSTORM SANDY ASSESSMENT RELIEF ACT" ENACTED BY THE NEW YORK STATE LEGISLATURE AS CHAPTER 424 OF THE 2013 LAWS OF THE STATE OF NEW YORK. THE PROPOSED AMENDMENTS ALLOW FOR AN EXEMPTION FROM 15% TO 100% BASED UPON THE LOST IMPROVED VALUE OF PROPERTY AS A RESULT OF SUPERSTORM SANDY. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. 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 ,ate day of ~0,,a2._, 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. Re: Superstorm Sandy Tax Relief and Assessment • r Elizabeth A. Neville Southold Town Clerk Sworn before me is day of , 2013. Notary Public CAROL HYDELL NOTARY PUBLIC - STATE OF NEW YORK NO. 01 HY6189695 QUALIFIED IN SUFFOLK COUNTY r COMMISSION EXPIRES 06/30/2q- LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6`h day of November, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 191h day of November, 2013 at 4:36 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 Provide Assessment and Tax Relief to Property Owners • Impacted by Superstorm Sandy" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245. Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Superstorm Sandy caused catastrophic property damage in Suffolk County in the Fall of 2012. Many homes were either destroyed or severely damaged by the high winds, rains and flooding associated with Superstorm Sandy. Superstorm Sandy • struck the Town after assessment rolls were prepared; as a result, property owners who experienced substantial damage to their homes and businesses were required to pay their normal property tax bill in 2013. The State of New York has enacted legislation which addresses this inequity by authorizing local governments to grant assessment relief to Superstorm Sandy victims whose properties were substantially damaged or destroyed. The Town of Southold was included in the Federal Disaster Declaration of Superstorm Sandy and, therefore, is eligible to extend assessment relief to its residents. As such, the Town Board believes it is fair and equitable to provide relief to residents who saw their properties damaged or destroyed and their lives upended by Superstorm Sandy. Therefore, the purpose of this local law is to elect to provide assessment relief to persons substantially impacted by Superstorm Sandy as authorized by the "Superstorm Sandy Assessment Relief Act", enacted by the New York State &245-22. Eligibility criteria and relief granted. Notwithstanding any provision of law to the contrary, the Town of Southold elects to provide assessment relief for properties damaged by Superstorm Sandy, as authorized by the Relief Act, as follows: Reduction of Assessed Value Lost Improved Value of Property Attributable to Improvements on as a result of Superstorm Sandy the Impacted Assessment Roll At least 10% but less than 20% 15% At least 20% but less than 30% 25% At least 30% but less than 40% 35% At least 40% but less than 50% 45% At least 50% but less than 60% 55% At least 60% but less than 70% 65% At least 70% but less than 80% 75% • At least 80% but less than 90% 85% At least 90% but less than 100% 95% 100% 100% 4245-23. Other provisions. A. To receive relief under this law, a property owner must submit a written request to the Town Assessor's Office on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific requirements of the Relief Act. Such request shall attach any and all determinations made by the Federal Emergency Management Agency, any and all reports made by insurance adjusters, and describe in reasonable detail the damage caused to the property by Superstorm Sandy and the condition of the property and shall be • accompanied by supporting documentation, if available. B. The percentage of loss in improved value shall be adopted by the Assessor from a written finding of the Federal Emergency Management Agency, or where no such finding exists, shall be determined by the Assessor in a manner provided by the Relief Act, subject to review by the Board of Assessment Review. C. Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in X245-22 of this law, provided that any exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally Legislature as Chapter 424 of the 2013 Laws of the State of New York. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IX Assessment and Tax Relief for Property Owners Impacted by Superstorm Sandy 4245-20. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose o this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). IMPACTED TAX ROLL - the final assessment roll which satisfies both of the • following conditions: the roll is based upon (a) a taxable status date occurring prior to October 28, 2012, and (b) taxes levied uon that roll were payable without interest on or after October 28, 2012. IMPROVED VALUE - the market value of real property improvements excluding the land. PROPERTY - Real property, property or land as defined under paragraphs (a) through (g) of subdivision 12 of New York Real Property Law. RELIEF ACT - the Superstorm Sandy Assessment Relief Act as enacted by New York State Legislature, Chapter 424 of 2013 Laws of the State of New York. SUPERSTORM SANDY - the storms, rains, winds or floods which occurred • within the State of New York and the County of Suffolk during the period October 29, 2012 and ending November 3, 2012. TOTAL ASSESSED VALUE - the total assessed value of the property prior to any and all exemption adjustments. 4245-21. Implementation and Adoption of Superstorm Sandy Assessment Relief Act. This law adopts and implements the provisions of the Superstorm Sandy Assessment Relief Act, as enacted by the New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York, granting assessment relief to the victims of Superstorm Sandy. appearing_ on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this local law, the excess shall be considered an error in essential fact as defined by subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by Section 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by Sections 556 or 556-b of the Real property Tax Law. If the error appears on a final assessment roll but not on a tax roll, such final assessment roll shall be corrected in the manner prescribed by Section 553 of the Real Property Tax Law. 4245-24. Applicability. This law shall apply to the impacted assessment roll, as that term is defined in the Relief Act and this local law. II. 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 take effect immediately upon filing with the Secretary of State as provided by law. Dated: November 6, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on November 14, 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 RESOLUTION 2013-811 ADOPTED DOC ID: 9212 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-811 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 6,2013: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6` day of November, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy". 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 19th day of November, 2013 at 4:36 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 Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Superstorm Sandy caused catastrophic property damage in Suffolk County in the Fall of • 2012. Many homes were either destroyed or severely damaged by the high winds, rains and flooding associated with Superstorm Sandy. Superstorm Sandy struck the Town after assessment rolls were prepared; as a result, property owners who experienced substantial damage to their homes and businesses were required to pay their normal property tax bill in 2013. The State of New York has enacted legislation which addresses this inequity by authorizing local governments to grant assessment relief to Superstorm Sandy victims whose properties were substantially damaged or destroyed. The Town of Southold was included in the Federal Disaster Declaration of Superstorm Sandy and, therefore, is eligible to extend assessment relief to its residents. As such, the Town Board believes it is fair and equitable to provide relief to residents who saw their properties damaged or destroyed and their lives upended by Superstorm Sandy. Therefore, the purpose of this local law is to elect to provide assessment relief to persons substantially impacted by Superstorm Sandy as authorized by the "Superstorm Sandy Assessment Relief Act", enacted by the New York State Legislature as Chapter 424 of Resolution 2013-811 Board Meeting of November 6, 2013 4245-22. Eligibility criteria and relief granted. Notwithstanding any provision of law to the contrary, the Town of Southold elects to provide assessment relief for properties damaged by Superstorm Sandy, as authorized by the Relief Act, as follows: Reduction of Assessed Value Lost Improved Value of Property Attributable to Improvements on as a result of Superstorm Sandy the Impacted Assessment Roll At least 10% but less than 20% 15% At least 20% but less than 30% 25% At least 30% but less than 40% 35% At least 40% but less than 50% 45% At least 50% but less than 60% 55% At least 60% but less than 70% 65% At least 70% but less than 80% 75% • At least 80% but less than 90% 85% At least 90% but less than 100% 95% 100% 100% 4245-23. Other provisions. A. To receive relief under this law, a property owner must submit a written request to the Town Assessor's Office on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific requirements of the Relief Act. Such request shall attach any and all determinations made by the Federal Emergency Management Agency, any and all reports made by insurance adjusters, and describe in reasonable detail the damage caused to the propertby_y Superstorm Sandy and the condition of the property and shall be accompanied by supporting documentation, if available. • B. The percentage of loss in improved value shall be adopted by the Assessor from a written finding of the Federal Emergency Management Agency, or where no such finding exists, shall be determined by the Assessor in a manner provided by the Relief Act, subject to review by the Board of Assessment Review. C. Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in &245-22 of this law, provided that an y exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally appearing on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this local law, the excess shall be considered an error in essential fact as defined by Updated: 11/6/2013 11:28 AM by Lynne Krauza Page 3 Resolution 2013-811 Board Meeting of November 6, 2013 the 2013 Laws of the State of New York. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IX Assessment and Tax Relief for Property Owners Impacted by Superstorm Sandy 4245-20. Definitions. Unless otherwise expressly stated, the following terms shall, for the pumose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). • IMPACTED TAX ROLL - the final assessment roll which satisfies both of the following conditions: the roll is based upon (a) a taxable status date occurring prior to October 28, 2012, and (b) taxes levied uon that roll were payable without interest on or after October 28 2012. IMPROVED VALUE - the market value of real property improvements excluding the land. PROPERTY - Real property, property or land as defined under paragraphs (a) through (g) of subdivision 12 of New York Real Property Law. RELIEF ACT - the Superstorm Sandy Assessment Relief Act as enacted by New York State Legislature, Chapter 424 of 2013 Laws of the State of New York. SUPERSTORM SANDY - the storms, rains, winds or floods which occurred within the State of New York and the County of Suffolk during the period October 29, 2012 and ending November 3, 2012. d TOTAL ASSESSED VALUE - the total assessed value of the property prior to any an all exemption adjustments. 5245-21. Implementation and Adoption of Superstorm Sandy Assessment Relief Act. This law adonts and implements the provisions of the Superstorm Sandy Assessment Relief Act, as enacted by the New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York, granting assessment relief to the victims of Superstorm Sandy. Updated: 11/6/2013 11:28 AM by Lynne Krauza Page 2 Resolution 2013-811 Board Meeting of November 6, 2013 subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by Section 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by Sections 556 or 556-b of the Real property Tax Law. If the error appears on a final assessment roll but not on a tax roll, such final assessment roll shall be corrected in the manner lrescribed by Section 553 of the Real Property Tax Law. 4245-24. Applicability. This law shall apply to the impacted assessment roll, as that term is defined in the Relief Act and this local 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. A 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: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • Updated: 11/6/2013 11:28 AM by Lynne Krauza Page 4 Cooper, Linda From: Reisenberg, Lloyd Sent: Tuesday, November 12, 2013 8:54 AM To: Cooper, Linda Subject: RE: Chpt 245 Tax relief re Sandy 11-19-13 Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Entail: Lloyd. reisenherg(iutown.southold. ny. us O: 631-765-1891 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 rohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the tended recipient, please contact the sender and destroy all copies of the communication. From: Cooper, Linda Sent: Sunday, November 10, 2013 10:41 AM To: Reisenberg, Lloyd Subject: Chpt 245 Tax relief re Sandy 11-19-13 Legal Notice of Public Hearing scheduled for 11/19/13 ThanksH • i Cooper, Linda From: Tracey Doubrava <toubrava@timesreview.com> Sent: Monday, November 11, 2013 10:05 AM To: Cooper, Linda Subject: Re: Legal Notice -Chet 245 Tax relief re Sandy 11-19-13 I've got this and will have published in the 11/14 edition of the Suffolk Times. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 Mattituck, NY 11952 P: (631) 298-3200 *tdou brava@timesreview.com From: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us> Date: Sunday, November 10, 2013 10:39 AM To: tr-legals <leaals@timesreview.com> Subject: Legal Notice -Chpt 245 Tax relief re Sandy 11-19-13 Hi, Please confirm receipt of this Legal Notice of Public Hearing to be published in the 11/14/13 edition of the Suffolk Times. Thank you and have a great day. ~puty Town Clerk wn of Southold 631-765-1800 'Io uauF ae Arf",oe" you owde PW &&[ fm eau. 1