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HomeMy WebLinkAbout1995-12-27• ;L(f) 7 TOWN BOARD MEETING PUBLIC HEARING - SENIORS EXEMPTION DECEMBER 27, 1995 Supv Schug called the meeting to order at 12 noon Supv Schug read the notice that was published in the newspaper concerning senior citizens exemption. (copy in minute book) QUESTIONS AND /OR COMMENTS - none Closed public hearing - 12915PM Supv Schug appointed Clm Baker to audit the highway fund bills DISCUSSION Atty Perkins - Dryden ambulance contract - board members have copies and went over changes. RESOLUTION #272 ACCEPT DRYDEN AMBULANCE CONTRACT Clm Baker offered the following resolution and asked for its adoption: (copy in minute book) 2nd Clm Roberts Roll call vote - all voting Yes Dryden Police report for the month of November Supv Schug - Judge Lloyd is writing up a job description for the justice position. Clm Roberts, Clm T. Hatfield and Attorney Perkins will work together interviewing persons interested in the position. iRESOLUTION #273 SUPPORT COALITION FOR AMERICA GREENWAY DUPONT AWARDS PROGRAM GRANT Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board supports the coalition applying for the America Greenway Dupont Awards Program Grant. 2nd Clm Baker Roll call vote - all voting Yes TOWN BOARD MEETING DECEMBER 27, 1995 Supv Schug called the meeting to order at 12:15PM Roll call was Present: and Atty Absent: by Supv Perkins. Clm Town Clerk Lloyd: Schug, Clm Baker, Clm C. Hatfield T. Hatfield, Clm Roberts Supv Schug appointed Clm Baker to audit the highway fund bills DISCUSSION Atty Perkins - Dryden ambulance contract - board members have copies and went over changes. RESOLUTION #272 ACCEPT DRYDEN AMBULANCE CONTRACT Clm Baker offered the following resolution and asked for its adoption: (copy in minute book) 2nd Clm Roberts Roll call vote - all voting Yes Dryden Police report for the month of November Supv Schug - Judge Lloyd is writing up a job description for the justice position. Clm Roberts, Clm T. Hatfield and Attorney Perkins will work together interviewing persons interested in the position. iRESOLUTION #273 SUPPORT COALITION FOR AMERICA GREENWAY DUPONT AWARDS PROGRAM GRANT Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board supports the coalition applying for the America Greenway Dupont Awards Program Grant. 2nd Clm Baker Roll call vote - all voting Yes NOTICE OF PUBLIC HEARING OF PROPOSED TOWN OF DRYDEN RESOLUTION PLEASE TAKE NOTICE, that the Town Board of the Town of Dryden will hold a public hearing on a proposed resolution pursuant to Real Property Tax Law, Section 467 which will provide for senior citizen or aged exemptions based on income eligibility levels. Copies of the resolution are available at the Town Clerk's Office. The public hearing on the proposed resolution will be held at 12 :00 noon prevailing time at the Town Hall, 65 East Main Street, Dryden, New York, on December 27, 1995 at which time interested parties will be heard. By order of the Town Board Susanne Lloyd, Dryden Town Clerk / ret� LC, is • S 1 TB12 -27 -96 Page 2 • RESOLUTION #274 G.P.A. CONTRACT FOR COPY MACHINE Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the contract with G.P.A. Enterprises for the copy machine. 2nd Clm Roberts Roll call vote - all voting Yes Clm T. Hatfield felt that the copy machine should be watched and service calls kept track of. It might be cheaper to purchase a new copier. ATTORNEY Atty Perkins - tried to respond to Jack Miller's request which he should have asked locally. I did some research and sent a letter out with the facts. RESOLUTION #275 REAL PROPERTY AGED EXEMPTION Clm Roberts offered the following resolution and asked for its adoption: (copy in minute book) 13 2nd Clm T. Hatfield Roll call vote - all voting Yes RESOLUTION #276 APPOINT TOMPKINS COUNTY FIRE, EMS AND • DISASTER ADVISORY BOARD REPRESENTATIVE - Phil Arneson Clm Roberts offered the following resolution and asked for its adoption% RESOLVED, that this Town Board appoint Phil Arneson as alternate to the Tompkins County Fire, EMS and Disaster Advisory Board for the term 1996 - 1998. 2nd Clm Baker Roll call vote - all voting Yes RESOLUTION #277 SUPPORT DEVELOPMENT OF TRAIL VILLAGE OF DRYDEN TO VILLAGE OF FREEVILLE Clm Roberts offered the following resolution and asked for its adoption: FARM ROAD NORTHEAST TO ROUTE 13 RESOLVED, that this Town Board supports the development of a trail from the Village of Dryden in a northwest direction to the Village of Freeville with a connecting trail to the Junior- senior high school. 2nd Clm Baker Roll call vote - all voting Yes RESOLUTION #278 SUPPORT THE DEVELOPMENT OF TRAIL GAME FARM ROAD NORTHEAST TO ROUTE 13 Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board supports the development of a trail . from Game Farm Road northeast to Route 13 near Hall Woods Road. 2nd Clm Baker Roll call vote - all voting Yes a�a { I CI RESOLUTION NO. 275 (1995) Councilman Roberts offered the following resolution and asked for its adoption: WHEREAS, by Resolution No. 186 adopted September 20, 1994 the Town of Dryden adopted a formula which would partially exempt certain real property within the Town owned by persons sixty -five (65) years of age or over, and WHEREAS, certain amendments to the Real Property Tax Law have provided for the option to the Town to increase the income eligibility levels, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. Real property owned by one or more persons each of whom is 65 years of age or over, or real property owned by a husband and wife, one of whom is 65 years of age or over, shall be exempt by taxation by the Town of Dryden to the extent set forth in the following formula: Income Range • Up to 17,500 17,501- 181999099 18,500- 191499.99 19,500- 20,499.99 20,500- 21,399.99 21,400- 22,299.99 22,300- 23,199.99 23,200- 24,099.99 24,100- 24,999.99 251000- 251899.99 25,900 and over .,Percentage of Exemption 500 45% 40% 35% 30% 25% 20% 15% 10% 5% 0 0% 20 Any exemption provided in this resolution shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. 3. The real property tax exemption on real property owned by a husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. 4. No exemption shall be granted: (a) If the income of the owner or the combined income of 41 the owners of the property for the income tax year immediately I preceding the date of making application for exemption exceeds the amounts set forth in the formula in this resolution. Income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income .tax year, net rental income, salary or earnings, and net income from self - employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self - employment no depreciation shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income; (b) Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least twelve (12) consecutive months prior to the date of making application for exemption, provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of • twelve (12) consecutive months. In the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months. Where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceedings, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purpose of this section. Where a residence is sold and replaced with another within one (1) year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of this resolution. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provision of this resolution, the reacquisition of title by such owner or owners within nine (9) months of the date of transfer shall be deemed to satisfy the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months. Where, upon or subsequent to the death of an • owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine (9) months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months shall be deemed satisfied; i (c) Unless the property is used exclusively for residential purposes, provided, however, that in the event any portion of such property is not so used exclusively for residential i purposes but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; (d) Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property, provided that an owner who is absent while receiving health- related care as an inpatient of a residential health care facility, as defined in Section 2801 of the Public Health Law, shall be deemed to remain a legal resident and an occupant of the property while so confined and income accruing to that person shall be income only to the extent that it exceeds the amount paid by such owner, spouse, or co -owner for care in the facility; and provided further, that during such confinement such property is not occupied by other than the spouse or co -owner of { such owner. • 5. The Town shall notify or cause to be notified, each person owning residential real property in the Town of the provisions of this resolution. This may be met by a notice or legend set on or with each tax bill to such persons reading "You may be eligible for senior citizen tax exemptions. Senior citizens have until (month) (day) (year) to apply for such exemptions. For information please call or write ," followed by the name, telephone number and /or address of a person or department selected to explain the provisions of this resolution. Failure to notify, or cause to be notified any person who is, in fact, eligible to receive the exemption provided by this resolution or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. 69 Application for such exemption must be made by the owner, or all of the owners of the property, on forms prescribed by the Office of Real Property Services and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such assessor's office on or before the taxable status date. 7. At least sixty (60) days prior to the taxable status date, there shall be mailed to each person who was granted an aged exemption on the latest completed assessment roll an application • form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. Within three (3) days of the completion and filing of the tentative assessment roll, notice by mail shall be given to any applicant who has included with his application at least one self - addressed, pre -paid envelope, of the approval or denial of the application; provided, however, that upon the receipt and filing of the application there shall be sent by mail notification of receipt of the same to any applicant who has included two (2) of such envelopes with the application. Where an applicant is entitled to a notice of denial such notice shall be on a form prescribed by the State Board of Equalization and Assessment and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail any such application form or notices or the failure of such person to receive any of the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. 80 Any conviction of having made any willful false statement in the application for such exemption, shall be punishable as set forth in Real Property Tax Law Section 467(7). 90 This resolution shall supersede and replace Resolution No. 186 (1994) adopted September 20, 19940 Seconded Councilman Roll, call y9tin9 Ye.Q TB12 -27 -95 Page 3 • RESOLUTION #279 APPRECIATION TO COUNCILMAN JACK BAKER Supv Schug offered the following resolution and asked for its adoption% RESOLVED, that this Town Board extend appreciation for all the time and work Councilman Baker has spent on the board. 2nd Clm Roberts Roll call vote Supv Schug Yes Clm T. Hatfield Yes Clm C. Hatfield Yes Clm Roberts Yes Clm Baker Abstained Atty Perkins also expressed his appreciation to Clm Baker. Board members went over drug and alcohol policy. RESOLUTION #280 DRUG & ALCOHOL POLICY FOR THE TOWN OF DRYDEN Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board adopt the Drug & Alcohol policy for the Town of Dryden. 2nd Clm T. Hatfield Roll call vote - all voting Yes • • �I 0 I TB12 -27 -95 Page 4 RESOLUTION #281 TRANSFER OF FUNDS Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the following fund transfers: $ 750.00 to A1110.113 for court security $ 500.00 100.00 to A1410.110 DA5120.110 for Town Clerk deputy $ 400.00 $19,000.00 to A14109400 to for Town Clerk legal notices $ 8,000.00 for ZBA to A1420.400 100.00 for legal fees $ 100.00 for to A1440a400 legal notices for engineering fees $ 21000.00 to B8010.SP.440 to A1490.110 for for public works personnel $171000.00 DA5140.110 to A1490.400 fund for public works contractual $ 100.00 DA5142.400 to A3310.422 for for road signs $ 21600.00 from unexpended to A4540.100 for paramedics $ 200.00 to A7520.100 for West Dryden Community Center $ 200.00 to A8810olOO for cemetery work, and $31,850.00 from A9950.903 (transfer to West Dryden Community Center - no longer necessary) to cover above $ 100.00 to B8010.440 from legal notices $ 100.00 100.00 to B8010.OZ.130 DA5120.110 for ZBA secretary $19,000.00 to B8010.OZ.403 for ZBA attorney fees $ 100.00 to to B8010.OZ.440 for for ZBA legal notices $ 200900 DA5140.100 to B8010.SP.440 for misc personnel for Site Plan legal notices; and $19,500.00 DA5140.110 from unexpended for fund balance to cover above $ 2,000.00 to DA5120.100 for culvert personnel $ 100.00 to DA5120.110 for culvert overtime $ 4,000.00 to DA5130.100 for machinery personnel $ 1,700.00 to DA5130.203 for pickup equipment $50,000.00 to DA5140.100 for misc personnel $ 1,000.00 to DA5140.110 for misc overtime $30,000.00 to DA5142.400 for snow removal contractual, and $88,800.00 from unexpended fund balance to cover above $33,000.00 to DB5110.100 for $46,000.00 to DB5110.400 for $85,000.00 to DB5112.210 for $164,000.00 from unexpended 2nd Clm T. Hatfield Roll Adjourned: 1:20PM Susanne Lloyd Town Clerk summer personnel summer work summer construction, and fund balance to cover above call vote - all voting Yes a/�