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Home My WebLink About2016-02-03 February 03, 2016 1 SPECIAL TOWN BOARD MEETING February 03, 2016 A Special Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:00 p.m. The meeting was called to order by the Supervisor, Edward LaVigne and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Edward LaVigne, Supervisor Andra Benson, Councilperson Katrina Binkewicz, Councilperson Robert Cree, Councilperson Doug Dake, Councilperson ABSENT: ALSO PRESENT: Guy Krogh, Town Counsel, Dan Veaner, Lansing Star and John O’Neill, Village of Lansing RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING PROPOSED LOCAL LAW #1 OF 2016 SENIOR CITIZENS’ AND DISABLED PERSONS’ TAX EXEMPTIONS Supervisor, Edward LaVigne stated that the main reason for tonight’s meeting was to set a public hearing for Local Law #1 of 2016 regarding the Senior Citizens’ and Disabled Persons’ Tax Exemption. He noted that the percentages of the Town of Lansing are lagging behind. Town Clerk, Debbie Crandall stated that if adopted this would bring the Town of Lansing up to the maximum exemption allowed by the State of New York. She provided the Town Board members with a handout that will be available in the Town Clerk’s Office when adopted into law, along with the current one that was adopted as Local Law #2 of 2009. She also provided a current chart that showed other towns, villages and school districts’ current tax exemptions for comparison. Town Clerk, Debbie Crandall explained that the Public Hearing needed to occur at the regular meeting on February 17, 2016 in order to become applicable for the 2017 Town and County tax bills. She noted that the Local Law needs to be adopted before the Assessment Departments cutoff date of March 1st of every year. She also noted that she will be sending notification to the Lansing Central School District to make them aware that the Town of Lansing will be adopting the new increases. Dan Veaner asked if this applied to all taxes. Debbie noted that if you qualify for this exemption it would apply to all taxes if the other entities adopt the same schedule. She noted that the exemption is allowed by the County and also the Solid Waste Fee that appears on the tax bill. She noted that the only entity that does not allow the exemption is the fire department. Debbie will inform Connie Wilcox, as Liaison to the Lansing Fire Department and have her address the exemptions to see if they would consider the same. RESOLUTION 16-48 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING PROPOSED LOCAL LAW NUMBER 1 OF 2016 SENIOR CITIZENS’ AND DISABLED PERSONS’ TAX EXEMPTIONS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the current Local Law Number 9 of 2009 provides for partial real property tax exemptions for certain persons of limited income who are 65 years of age or older or disabled, as specified and permitted by said Real Property Law § 467; and WHEREAS, said Local Law, in general terms: defines eligible parcels as those that are owned wholly by persons age 65 or older, or jointly, where one of them is over age 65, or those with disabilities; provides a schedule of exemptions based upon the combined income of the owners February 03, 2016 2 of real property; specifies based upon the combined income of the owners of real property; specifies that the exemption is available only to those persons and parcels who are eligible pursuant to all and each requirement, condition, exclusion and limitation of §467 of the Real Property Law of the State of New York; specifies the application for eligibility procedures; and specifies fines for providing false statements; and WHEREAS, the Town of Lansing now desires to amend and update the exemptions to parallel changes in State Laws concerning eligibility and maximum exemption levels, amend the current Local Law No. 2 of 2009, respecting same; and WHEREAS, then new maximum exemption limits are proposed to be as follows: ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Income Limits UP TO $29,000.00 50% EQ/MORE LESS THAN $29,000.00 $30,000.00 45% $30,000.00 $31,000.00 40% $31,000.00 $32,000.00 35% $32,000.00 $32,900.00 30% $32,900.00 $33,800.00 25% $33,800.00 $34,700.00 20% $34,700.00 $35,600.00 15% $35,600.00 $36,500.00 10% $36,500.00 $37,400.00 5% $29,000.00 $37,400.00 and in all other respects, this local law will contain the same terms pertaining to qualifications and the repayment of exemptions for falsely swearing to qualification there for; and WHEREAS, the exemption would apply pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, and real property located in the Town of Lansing, County of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or jointly, where one of whom is 65 years of age or over, or persons with disabilities, shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 467 based upon the income of the owner or the combined income of the owners as reflected above; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of February 2016, at 6:05 o’clock p.m., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye February 03, 2016 3 Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on February 03, 2016. MOTION TO ENTER EXECUTIVE SESSION Councilperson Andra Benson moved to ENTER EXECUTIVE SESSION TO DISCUSS PAY SCALE, TIME AND PAYMENT AND SCHEDULE FOR A PARTICULAR PERSON AT 6:08 PM. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Doug Dake moved to EXIT EXECUTIVE SESSION AT 6:50 PM. Supervisor Edward LaVigne seconded the motion. All in Favor - 5 Opposed - 0 SCHEDULE PUBLIC HEARING FOR LOCAL LAW #2 OF 2016 A LOCAL LAW UPDATING PAYMENT TIMES AND DATES FOR RECEIVER OF TAXES AND ASSESSMENTS PER TOWN LAW §§ 27, 37, AND 64 RESOLUTION 16-49 RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW NUMBER 2 OF 2016 REGARDING UPDATES TO PAYMENT TERMS AND DESCRIPTIONS FOR RECEIVER OF TAXES POSITION The following Resolution was duly presented for consideration by the Town Board: WHEREAS, for over 10 years the Town has been examining its personnel manuals, pay scales, personnel policies, and civil service and public officer job duties and descriptions, and in 2014 and 2015 a formal personnel committee was created to undertake some of this work, and in 2016 certain recurring discrepancies were identified relative to the relationship between the Town Clerk and Receiver of Taxes and Assessments (the “Receiver of Taxes”) positions, including timing issues relative to salaries and wages and their relation to calendar versus tax years and when wages are or should be paid; and WHEREAS, this local law is proposed to effect a remedial fix by having the wages for this position paid to the officer or employee within a reasonable time after the work is performed (in accord with and per the authority of Town Law §§ 27, 37, and 64, and the mandates of NYS Constitution, Article VIII, § 1), and this the sole effect of this local law is to pay the Receiver of Taxes the salary due for 2016, and each subsequent year, within a reasonable time after the payment of the warrant to the County, therein proposed to be established as April 15, annually; and WHEREAS, after review and discussion of the foregoing issues, and upon a review of the input and research of and from Town Counsel, the NYS Comptroller’s Office, and the attorneys for the NYS Association of Towns, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17h day of February, 2016, at 6:07 o’clock p.m., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. February 03, 2016 4 The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne -Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on February 3, 2016. ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 6:55 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall, RMC