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HomeMy WebLinkAboutLL #10 2016 STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO ONE COMMERCE PLAZA GOVERNOR 99 WASHINGTON AVENUE ALBANY.NY 12231-0001 RoSSANA ROSADO WWW.DOS.NY_GOV SECRETARY OF STATE October 25, 2016 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road OCT 3 1 206 PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 10 2016, filed on October 24, 2016 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) 473-2492 N"YORK Department STATE OF OPPORTUNITY. Of State SOUTHOLD TOWN BOARD PUBLIC HEARING October 18, 2016 7:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Town Clerk Elizabeth A. Neville Town Attorney Bill Duffy Absent: Councilman Bob Ghosio, Jr. This hearing was opened at 7:58 PM JUSTICE EVANS: PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Southold, at Southold Town Hall Meeting Room, 53095 Main Road, Southold,New York, on the 18th day of October,2016 at 7:31 o'clock p.m. to consider a "Local Law to Override the Tax Levy Limit established by and set forth in General Municipal Law §3-c as follows: A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW § 3-C Section 1. Purpose The purpose of this Local Law is to allow the Town of Southold to override the limit on the amount of real property taxes that may be levied by the Town of Southold, Suffolk County,New York pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. The Town of Southold has made significant efforts to reduce spending in an effort to avoid piercing the tax levy limit, however, in order to account for the increase in costs to provide town services and fund town operations for 2017, while at the same time maintaining the Town's high credit rating and general fund reserves, will likely require adoption of a budget in excess of the tax levy limit. Section 2. Authority This local law adopted pursuant General Municipal Law § 3-c (5) which expressly authorizes a local government's governing body to override the tax levy limit by the adoption of a local law Tax Levy Public Hearing October 18, 2016 page 2 approved by a vote of sixty percent(60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Southold, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law § 3-c. Section 4. Severability If a court determines that any clause, sentence,paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional,the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State I have here an affidavit that it was published on the Town Clerk's bulletin board and an affidavit that it was published in the Suffolk Times. That's it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? In the interests of clarity, this local law is necessary for the Town to adopt a budget that would exceed the New York State tax cap. We need to essentially authorize ourselves through a local law which is the subject of the hearing tonight. BENJA SCHWARTZ:' Benja Schwartz, Cutchogue. How are you doing tonight? From what I have heard, the need to exceed the budget increase permitted without this local law is essentially necessitated by additional funding by the Highway Department is that a fair statement? SUPERVISOR RUSSELL: Partially. MR. SCHWARTZ: Partially? Maybe you could explain that to us a little better? SUPERVISOR RUSSELL: Well, certainly we have increased allocations for asphalting, that's one of the largest expenditures with the changes from last year's budget. We have now in the current budget as if it was adopted, would provide $2.4 million to the Highway Department so we can take on more aggressive road reconstruction program. There's another substantial increase which was about$1.3 million in medical costs due to New York State, we are part of the Empire program NYSHIP, and I believe our costs from 16-17 increased by $1.3 million. COUNCILWOMAN DOHERTY: And what's the tax cap this year? SUPERVISOR RUSSELL: I believe it's .73. 1 think Paul would probably know better than me. I think it's .73. Tax Levy Public Hearing October 18, 2016 page 3 MR. SCHWARTZ: So it's not all going to the highway, some of it's going to health insurance basically? JUSTICE EVANS: Basically the health insurance costs puts us over the cap. SUPERVISOR RUSSELL: In order to not pierce the cap, we would set the Highway Department needs to the side, we would need to offset about $1.3 million of new spending, compulsory spending in the existing budget. For a budget that gets more or less raked over, year after year after year, bonding $1.3 million is almost a possible task. MR. SCHWARTZ: Well, I think that there are a lot of things that we could do and I hope to later discuss specific ideas with you but as far as the highway asphalting goes, the history of roads and highways in the Town of Southold started before there were cars and the roads were laid out and the highways were set up and over the years they have been improved to the condition that we have them in now. Essentially the philosophy.... COUNCILWOMAN DOHERTY: I don't mean to interrupt but can we stay on topic to the public hearing? MR. SCHWARTZ: This is directly relevant to the proposed spending on asphalting. COUNCILWOMAN DOHERTY: Alright, but the public hearing is on going over the cap. MR. SCHWARTZ: The budget cap, yes, exactly. And exactly why I am speaking on the content of what we are spending the money for as part of this hearing. COUNCILWOMAN DOHERTY: Okay. MR. SCHWARTZ: Because I think that should be, we shouldn't be talking about money without talking about what the money is being used for. And while I am not against paved roads, in every case there is a movement called de-paving and I know we need to spend money improving our roads but I think we might also put some of that money towards sidewalks for example. I tried to find out where the sidewalks in Southold Town are and I don't believe we even have a map of our sidewalks. It's kind of hard to improve something when you don't even know what exists. In terms of the paved roads, there's a danger making the roads too smooth, too fast, adds to the speed and then we end up putting stop signs where there never was one in 50 years and then we have to change our driving habits to stop for no reason except that we want people to slow down, so I would ask that the town not consider funding any increase at least in paving until we have a definitive, definite plan as to what will be paved and how it will and how it will not contribute to increased danger on the roads and how it will not continue to contribute to the environmental problems that were caused by the way the roads were designed in the Town of Southold. SUPERVISOR RUSSELL: Thank you. What we will do is we will take specific recommendations on the specific budget at the public hearings that are set for those. Tax Levy Public Hearing October 18, 2016 page 4 Recommendations like these are certainly welcome. Thank you. Would anybody else like to address the Board on this particular hearing? (No response) This hearing was closed at 8:07 PM Elizeth A. Neville Southold Town Clerk Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Friday, October 21, 2016 8:33 AM To: Rudder, Lynda Subject: RE: Emailing: LL#10.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. (Please note that legislation that is posted under"New Laws" in eCode3600 will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersuppCaD_generalcode.com 1 ELIZABETH.A. NEVILLE,MMC may® �/� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 CAa Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �� �Q�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 20, 2016 Express Mail : E M 5 5 2 6 6 4 6 6 7 U-S RE: Local Law No. 10 of 2016 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. 10 of 2016 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 Rudder Deputy Town Clerk Enclosures cc: Town Attorney 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 Q Town of SOUTHOLD ❑ Village Local Law No. 10 of the year 2016 . A Local Law entitled, A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW § 3-C Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Section 1. Purpose The purpose of this Local Law is to allow the Town of Southold to override the limit on the amount of real property taxes thatmay be levied by the Town of Southold, Suffolk County,New York pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2017 that requires a real property tax levy in excess of the"tax levy limit" as defined by General Municipal Law § 3-c. The Town of Southold has made significant efforts to reduce spending in an effort to avoid piercing the tax levy limit, however, in order to account for the increase in costs to provide town services and fund town operations for 2017,while at the same time maintaining the Town's high credit rating and general fund reserves,will likely require adoption of a budget in excess of the tax levy limit. Section 2. Authority This local law adopted pursuant General Municipal Law § 3-c(5) which expressly authorizes a local government's governing body to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent(60%) of the Town Board. (If additional space is needed, attach pages the same size as this sheet,and number each.) DOS-239(Rev 05/05) 1 Section 3. Tax Levy Limit Override The Town Board of the Town of Southold, County of Suffolk,is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law § 3-c. Section 4. Severability If a court determines that any clause, sentence,paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law,but shall be confined in its operation to the clause, sentence,paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State 2 (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 16 . of the (Town) (Willago)of SOUTHOLD was duly passed by the TOWN BOARD on October 18 ,20 16 , 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 , m accordance with the applicable provisions of law. *Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 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. e Clerk ofA County legislative body. City. Town or (Seal) Village Verk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: October 20,2016 (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature William Duffy,Town Attorney Damon Hagan,Assistant Town Attorney Title Gity Town of SOUTHOLD Date: October 20,2016 4 RESOLUTION 2016-958 ADOPTED _ DOC ID: 12361 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-958 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 18,2016: WHEREAS The Town Board of the Town of Southold held a public hearing on the 18'"day of October, 2016 at 7:31 o'clock p.m. to consider a"Local Law to Override the Tax Levy Limit established by and set forth in General Municipal Law §3-c at which time all interested person were heard, now there for be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law which reads as follows: A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW§3-C Section 1. Purpose The purpose of this,Local Law is to allow the Town of Southold to override the limit on the amount of real property taxes that may be levied by the Town of Southold, Suffolk County,New York pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2017 that requires a real property tax levy in excess of the"tax levy limit"as defined by General Municipal Law § 3-c. The Town of Southold has made significant efforts to reduce spending in,an effort to avoid piercing the tax levy limit, however, in order to account for the increase in costs to provide town services and fund town operations for 2017, while at the same time maintaining the Town's high credit rating and general fund reserves, will likely require adoption of a budget in excess of the tax levy limit. Section 2. Authority This local law adopted pursuant General Municipal Law § 3-c (5)which expressly authorizes a local government's governing body to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent(60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Southold, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit established by and set forth in General-Municipal Law § 3-c. Section 4. Severability If a court determines that any clause, sentence,paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the r Resolution 2016-958 Board Meeting of October 18,.2016 remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, - form or corporation or circumstance, directly,involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the,Secretary of State Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William'P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio k Updated: 10/18/2016 3:07 PM by Lynda Rudder Page 2 sFF�r°° RESOLUTION 2016-958 ADOPTED DOC ID: 12361 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2016-958 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 18,2016: WHEREAS The Town Board of the Town of Southold held a public hearing on the 18th day of October, 2016 at 7:31 o'clock p.m. to consider a"Local Law to Override the Tax Levy Limit established by and set forth in General Municipal Law §3-c at which time all interested person were heard, now there for be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law which reads as follows: A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW §3-C Section 1. Purpose The purpose of this Local Law is to allow the Town of Southold to override the limit on the amount of real property taxes that may be levied by the Town of Southold, Suffolk County,New York pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by.the town board for the fiscal year 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. The Town of Southold has made significant efforts to reduce spending in an effort to avoid piercing the tax levy limit, however, in order to account for the increase in costs to provide town services and fund town operations for 2017, while at the same time maintaining the Town's high credit rating and general fund reserves, will likely require adoption of a budget in excess of the tax levy limit. Section 2. Authority This local law adopted pursuant General Municipal Law § 3-c (5)which expressly authorizes a local government's governing body to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent(60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Southold, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law § 3-c. Section 4. Severability If a court determines that any clause, sentence,paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the Resolution 2016-958 Board Meeting of October 18, 2016 remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Updated: 10/18/2016 3:07 PM by Lynda Rudder Page 2 #12978 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 29th day of September, 2016. Principal Clerk Sworn to before me this day of &h*446,­1 . LEGAL NOTICE NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a pub- CHRISTINA VOLINSKI he hearing will be held before the Town I NOTARY PUBLIC STATE OF NEW YORK Board of the Town of Southold,at South- old O1 V06105050 old Town Hall Meeting Room, 53095 Main Road,Southold,New York,on,the Qualified In Suffolk County 18th day of October,2016 at 731 o'clock 1Ny COMM156lon Eripllo9 Fgpig01y 20,2020 p•m•to consider a"Local Law to Over- ride the Tax Levy Limit established by and set forth in General Municipal Law §3-c as follows: A LOCAL LAW'TO OVERRIDE THE TAX LEVY LIMIT- ESTAB- LISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW§3-C Section 1.Purpose f The purpose of this Local Law is to I allow the Town of'Southold to override I.the limit on the amount of real property taxes that may-b6 levied by the Town of Southold,Siiffolk'County New York '"pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2017 that requires a real property tax levy in excess of the"tax levy limit"as defined by General Mu- nicipal Law§3-c. The Town of Southold has made sig- i nificant efforts to reduce spending in an effort to avoid piercing the tax levy limit, however,in order to account for the in- crease in costs to provide town services and fund town operations for 2017,while at the same time maintaining the Town's high credit rating and general fund re- serves,will likely require adoption of a budget in excess of the tax levy limit. Section 2.Authonty This local law adopted pursuant Gen- eral Municipal Law§ 3-c (5) which ex- pressly authorizes a local government's governing body to override the tax levy limit by the adoption of a local law ap- proved by a vote of sixty percent(60%) of the Town Board.- Section 3.Tax Levy Limit Override The Town Board of the Town of South- old,County of Suffolk,is hereby autho- rized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law§3-c. Section 4.Severability If a court determines that any clause, sentence,paragraph,subdivision,or part of this local law or the application thereof to any person,firm or corporation,or cir- cumstance is invalid or unconstitutional, the court's order or judgment shall not affect,impair,or invalidate the remainder of this local law,but shall be confined in its operation to the clause,sentence,para- graph,subdivision,or part of this local law or in its application to the person,individ- ual,form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5 Effective date This local law shall take effect imme- diately upon fding with the Secretary of State Dated. September 20,2016 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk 12978-1T 9/29 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 22"d' day of September, 2016, a notice of which the annexed printed notice is a true copy was affixed, 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. October 18, 2016 7:31 pm—Local Law—Tax Levy PH E ' abeth A. Neville S thold Town Clerk Sworn before me this 22nd day of Se tem r , 2016. otary Public LYNDA M. RUDDER Notary Public, State of New York No.09 RU6020932 Qualified in Suffolk County Commission Expires March 8,20--n LEGAL NOTICE NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Southold, at Southold Town Hall Meeting Room, 53095 Main Road, Southold,New York, on the 18th day of October, 2016 at 7:31 o'clock p.m. to consider a"Local Law to Override the Tax Levy Limit established by and set forth in General Municipal Law §3-c as follows: A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW § 3-C Section 1. Purpose The purpose of this Local Law is to allow the Town of Southold to override the limit on the amount of real property taxes that may be levied by the Town of Southold, Suffolk County,New York pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. The Town of Southold has made significant efforts to reduce spending in an effort to avoid piercing the tax levy limit, however, in order to account for the increase in costs to provide town services and fund town operations for 2017, while at the same time maintaining the Town's high credit rating and general fund reserves, will likely require adoption of a budget in excess of the tax levy limit. Section 2. Authority This local law adopted pursuant General Municipal Law § 3-c (5) which expressly authorizes a local government's governing body to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent(60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Southold, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law § 3-c. Section 4. Severability If a court determines that any clause, sentence,paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional,the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State Dated: September 20, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk Please publish on SEPTEMBER 29,2016 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Rudder, Lynda From: Rudder, Lynda Sent: Thursday, September 22, 2016 11:36 AM To: Cushman,John; legals@timesreview.com; Lisa Finn (lisafinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocal.com); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: CDBG PH,tax levy for publication Attachments: CDBG PH.docx;tax levy.docx Please publish in the 9/$edition of the Suffolk Times and the Town website. 1 Rudder, Lynda From: Rudder, Lynda Sent: Thursday, September 22, 2016 11:49 AM To: 'legals' Cc: Cushman,John; Lisa Finn (lisafinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocal.com); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: RE: CDBG PH, tax levy for publication Thanks. I did mean 9/29. -----Original Message----- From: legals [mailto:legals@timesreview.com] Sent:Thursday,September 22, 2016 11:32 AM To: Rudder, Lynda Subject: Re: CDBG PH,tax levy for publication Good morning, The 2 legal notices have been scheduled to be published in the 9/29 edition of the Suffolk Times. Thank you and have a great day! Best regards, Lindsay Riemer Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032 (direct) 631.298.0410 (fax) Iriemer@timesreview.com www.timesreview.com On 9/22/16 11:35 AM, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us> wrote: >Please publish in the 9/26 edition of the Suffolk Times and the Town >website. Rudder, Lynda From: legals <legals@timesreview.com> Sent: Thursday, September 22, 2016 11:32 AM To: Rudder, Lynda Subject: Re: CDBG PH, tax levy for publication Good morning, The 2 legal notices have been scheduled to be published in the 9/29 edition of the Suffolk Times. Thank you and have a great day! Best regards, Lindsay Riemer Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032 (direct) 631.298.0410(fax) Iriemer@timesreview.com www.timesreview.com On 9/22/16 11:35 AM, "Rudder, Lynda"<Ivnda.rudder@town.southold.nv.us> wrote: >Please publish in the 9/26 edition of the Suffolk Times and the Town >website. 1 Southold Town Board - Letter Board Meeting of September 20, 2016 RESOLUTION 2016-872 Item# 5.37 ADOPTED DOC ID: 12297 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-872 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 20, 2016: WHEREAS, on June 24, 2011, the New York State Legislature enacted Chapter 97 of the New York State Laws of 2011, hereinafter referred to as "General Municipal Law§3-c" ; and WHEREAS, General Municipal Law §3-c expressly authorizes local governments, such as the Town of Southold, to override the tax levy limit by the adoption of a local law approved by a vote of at least sixty percent(60%) of the total voting power of the Town Board for the Town of Southold; WHEREAS, the New York State Comptroller has determined that pursuant to General Municipal Law § 3-c the tax levy cap for the fiscal year 2017 will be .68%, and; WHEREAS, the Town Board has determined that to maintain the Town's high bond rating healthy fund balance reserves may require a real property tax cap levy in excess of the limit established by General Municipal Law § 3-c; now therefor be it RESOLVED the Town Clerk be and is hereby authorized to publish the attached public notice to consider adopting a Local Law to Override the Tax Levy Limit established in General Municipal Law § 3-c once in the September, 29 2016 issue of the newspaper designated as the official newspaper for this purpose, and post same on the sign board at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Southold, at Southold Town Hall Meeting Room, 53095 Main Road, Southold,New York, on the 18th day of October, 2016 at 7:31 o'clock p.m. to consider a"Local Law to Override the Tax Levy Limit established by and set forth in General Municipal Law §3-c as follows: A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW § 3-C Section 1. Purpose The purpose of this Local Law is to allow the Town of Southold to override the limit on the amount of real property taxes that may be levied by the Town of Southold, Suffolk County,New York pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by the town Generated September 21, 2016 Page 55 Southold Town Board - Letter Board Meeting of September 20, 2016 board for the fiscal year 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. The Town of Southold has made significant efforts to reduce spending in an effort to avoid piercing the tax levy limit, however, in order to account for the increase in costs to provide town services and fund town operations for 2017, while at the same time maintaining the Town's high credit rating and general fund reserves, will likely require adoption of a budget in excess of the tax levy limit. Section 2. Authority This local law adopted pursuant General Municipal Law § 3-c (5) which expressly authorizes a local government's governing body to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Southold, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law § 3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell Generated September 21, 2016 Page 56 Finance Copy Label I I-F April 2004 EXPRESS EM 5 5 2 6 6 4 6 6 7 .U S MAIL UNITED STATES POSTAL SERVICE® 'Post OffIC@TO Addressee _ 9: ' 0 �1' ..D PO ZIP Code Day of Del very PQostage r` 6 Delivery Attempt Time, ❑AM Employee Signature 1 l� 4 ❑Next 2nd ❑2nd Del Day $ V`!\ Mo Day PM 7L Schee le a e of livery Return Receipt Fee Delivery Attempt Time ❑AM Employee Signature Date Accepted � � ' , Month ( a $ Mo Day PM Day Year Sc duled Ti a of Delivery COD Fee Insurance Fee Delivery Date Time El AM Employee Signature TI�(4ccepted i r 3 f`-J p- M Noon ❑3 PM $ $ Mo. Day ❑PM Military Total Postage B Fees LwAIVER OF SIGNATURE(Domestic Mail Only)Additional merchandise insurance is M void d—ver of signature is requested Iwishdeive_rytobamade without obtaining signature of addressee or addre,«ee s agent(if delivery employee judges that artlUe can be left m secure Flat Rata❑or Weight ❑2nd Day -❑3rd Day location)and I authorize that delivery employee s signature constitutes-hd proof of delivery Int'I Alpha Country Code Accep c Initials NO DELIVERY Weekend Holiday lbs ozs Customer Signature CUSTOMER USE Otu., METHOD OF PAYMENT, x 119 y F0—dAge^cy Acct No o, Express Mail Corporatetcct No Fes;al Se�¢e Ace:No ' FROM:(PLWE PRINT) PHO E(1 7,65-1800 TO:(PLEASE PRINT) PHONE( ) -I r TOWN OF 5013 T HOLD Linda L.ascl•a, principal Clerk , .r,S O BOX 1179 NYS De,p arfineht of State , SOUTHO3' D NY 119.71--0959 State. Record6 &, Law Bureau att.e Tolima Clerk's Office One Commerce Plaza 99 Waslhington 'Average Albany, NY 1,2231 L' J L1 2 , 2 3 11 J or Call 1-800-222-1811 1 SOUTHOLD 710 TRAVELER ST SOUTHOLD NY 11971-1000 3580000971 10/20/2016 (800)275-8777 4:27 PM Product----=-----=-===Sale Final Description Qty Price PM Exp 2-Day 1 $22.95 Flat Rate Env (Domestic) (ALBANY, NY 12231) (Flat Rate) (Signature Waiver) (Scheduled Delivery Day) (Saturday 10/22/2016 12:00 PM) (Money Back Guarantee) (USPS Tracking #) (EM552664667US) PM Exp1 $0.00 Insurance i (Up to $100.00 included) Signature 1 $0.00 Waived USPSCA 1 ($22.95) i (USPSCA Number:119294000000) (Name:TOWN OF SOUTHOLD) Total — $0.00 Includes up to $100 insurance YC YC�1r CYC YC 7r;tYC fC�7C YCYCYC%R KfC CYC YC����YC k Yf 1C CYC Yf YCR CYC � BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. Save this, receipt as evidence of insurance. For information on filing an insurance claim go to https://www.u$Ps.coni/help/claims.htm.