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At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, December 4, 2001 at 7:00 P.M. there were:
PRESENT
Mayor Michael Doster, Deputy Mayor Frank Wood, Trustee Edward Barber, Trustee Ginger Comstock, Trustee Rich Kosmerl, Superintendent Larry Kilburn
ALSO PRESENT
Chief John Laird, two Pioneer students
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 21st day of November, 2001 and the same posted on the 21st day of November, 2001.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Barber, seconded by Trustee Comstock and unanimously carried the minutes from a regular meeting held on November 20, 2001 is approved as presented.
PUBLIC HEARING – PROPOSED LOCAL LAW 7-2001 – CHAPTER 59 – ELDERLY EXEMPTION
Clerk Offers explained that the proposed local law increased the income level for senior citizens from $12,000 to $14,000 to be eligible for a 50% reduction in assessed valuation.
Mayor Doster opened the public hearing.
It was explained than all other exemptions allowed on a property would be taken first before the Elderly Exemption of 50% was applied. The law states that such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed.
Trustee Barber stated that the law does not say anything about income of the owner for the year of the last income tax. Clerk Offers stated that we have to follow the state law regarding how income is derived (Real Property Tax Law Section 467). Trustee Barber asked if it was gross or taxable income and was informed that it was gross income.
Trustee Barber questions the last sentence of Section 59-2 which reads “Notwithstanding any other provision of law, where a residence is sold and replaced with another within one year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for the purposes of the exemption from taxation; unless the property be used exclusively for residential purposes; unless the property is the legal residence of and is occupied in whole or in part by the owner or by all the owners of the property. He felt that the word unless should be changed to and in two places.
There being no further comments or questions to come before the board, Mayor Doster closed the public hearing.
ADOPT LOCAL LAW 7-2001 – CHAPTER 59 – ELDERLY EXEMPTION
The following resolution was offered by Mayor Doster and seconded by Trustee Kosmerl:
RESOLUTION
WHEREAS, a proposed Local Law to amend Chapter 59 of the Laws of the Village of Arcade regarding Tax Exemption – Elderly was placed on the desk of each Board member by the Village Clerk on the 20th day of November, 2001, and
WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with with regard to the calling of a meeting of the Board of Trustees which was held on the 20th day of November, 2001, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 4th day of December, 2001, and
WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 21st day of November, 2001, and
WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with with regards to the Public Hearing called on the 4th day of December, 2001, and this Board having met on that day and conducted said public hearing and considered such arguments as were presented for and against the adoption of Proposed Local Law No. 7-2001, and
WHEREAS, the Village Clerk has certified that the Open Meeting Law has been complied with with regard to this meeting;
NOW, THEREFORE, Be It Resolved, as follows:
THAT Proposed Local Law No. 7-2001 of the Village of Arcade as presented at the public hearing be amended to change the word unless to and in two places in the last sentence of Section 59-2 and the law be enacted to read as follows:
CHAPTER 59
TAX EXEMPTION - ELDERLY
Section 59-1. Purpose
Section 59-2. Limit
Section 59-3. Repeal
Section 59-4. Effective Date
SECTION 59-1. PURPOSE
Pursuant to the provision of Real Property Tax Law Section 467, real property in the Village of Arcade, owned by one or more persons, each of whom is sixty-five years of age or over, or real property owned by husband and wife, one of whom is sixty-five years of age or over, shall be exempt from taxation to the extent of fifty per centum of the assessed valuation thereof. Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed.
The real property tax exemption on real property owned by husband and wife, one of whom is sixty-five 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 sixty-two years of age.
SECTION 59-2. LIMIT
No exemption shall be granted if the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of $14,000; unless the title of the property shall have been vested in the owner or one of the owners of the property for at least twenty-four 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 devises 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 purposed of computing such period of twenty-four consecutive months provided further, that 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 twenty-four consecutive months and provided further that 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 proceeding, 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 purposes of this section. Where a residence is sold and replaced with another within one year and is in the same assessing unit or municipality the period of ownership of the former property shall be combined with the period of ownership of the replacement residence and deemed consecutive for exemption from taxation by each such assessing unit or municipality. Notwithstanding any other provisions of law, where a residence is sold and replaced with another within one year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for the purposes of the exemption from taxation; and the property be used exclusively for residential purposes; and the property is the legal residence of and is occupied in whole or in part by the owner or by all the owners of the property.
SECTION 59-3. REPEAL
All previous maximum income limits below $14,000 are hereby repealed.
SECTION 59-4. EFFECTIVE DATE
This local law shall take effect upon filing with the Secretary of State and shall first apply to Village taxes levied in 2002.
The aforesaid resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Aye
Trustee Ginger Comstock Aye
Trustee Edward Barber Aye
Trustee Richard Kosmerl Aye
CHANGE JANUARY 1, 2002 MEETING DATE
As New Years Day falls on the first Tuesday of the month which is the regular meeting day for the board, motion was made by Mayor Doster, seconded by Trustee Comstock and unanimously carried the meeting be changed to Wednesday, January 2, 2002.
2002 TENTATIVE RESIDENTIAL ASSESSMENT RATIO, SPECIAL FRANCHISE ASSESSMENTS AND TENTATIVE RAILROAD CEILINGS RECEIVED
Clerk Offers informed the board that the 2002 Tentative Residential Assessment Ratio has been received from the Office of Real Property Services at 103.19 for the period 4/1/2000 through 3/31/2001. She also informed the board that the 2002 Tentative Special Franchise Assessments has been received for a total of 1,125,798 which is an increase of 126,948 over last year and the 2002 Tentative Railroad Ceiling has been received at $1,062,698 which is an increase of $642,363 over last year.
LETTER OF MAP AMENDMENT RECEIVED – HASKELL AVENUE AREA
Clerk Offers informed the board that a Letter of Map Amendment (LOMA’s) has been received for the Haskell Avenue area. Property located at 4 Glenwood Drive – Cathy Reynolds is removed from the flood map.
LONG RANGE PLANNING
Several items were discussed the first being the County sharing a potion of the sales tax with the Villages and Towns as other surrounding counties do. Trustee Barber had information from three counties on the percentages shared with Villages. Mayor Doster, after the first of the year, will contact various villages to get on their agenda’s to talk about this issue. It was also discussed that Town Councilmen should also be contact to get their input. Trustee Barber felt that the Villages and Towns could make more efficient use of the tax monies than the County.
Review of the Master (Comprehensive) Plan – Trustee Kosmerl would like to pursue this on his own before a review is started. He stated that the Village of East Aurora has just amended their plan to bring more revenue into the area. He would like to talk with them.
Garbage Pick-up – A verbal quote was received from CID Waste Management showing that if the Town and Village combined the rate for the Town would decrease per pick-up per month and the Village would increase. This is because of the distance between stops in the Village vs. the distance between stops in the Town.
Superintendent Kilburn presented a draft vehicle replacement schedule to the board. They will review and discuss at a future meeting.
Clerk Offers presented the board a schedule of permit fees and penalties received for the past 18 months for their review and discussion at a future meeting.
Clerk Offers passed out information she received from NYCOM regarding the use of credit card payments for taxes and utilities for the board’s review.
BUDGET ADJUSTMENTS
Motion by Mayor Doster, seconded by Trustee Barber and unanimously carried the following budget adjustment is approved as presented by the Clerk:
Available upon request
AUDIT BILLS
Motion by Mayor Doster seconded by Trustee Kosmerl and unanimously carried the Village bills be audited and paid and that the clerk be granted permission to transfer funds from the money market accounts to the checking accounts to cover such bills.
TRAINING
Motion by Trustee Kosmerl, seconded by Trustee Comstock and unanimously carried Chief Laird be granted permission to attend Anti-Terrorist Training in Amherst on January 10, 2002.
NATIONAL FLOOD INSURANCE PROGRAM
The Village received a letter from the NYS Department of Environmental Conservation regarding a Community Assessment Visit held November 14th to address compliance with the National Flood Insurance Program. The DEC was pleased with the Village’s commitment towards flood damage reduction and congratulated the Village on progress made so far. They also stated the Mr. Zielonka has a good understanding of the goals and objectives of flood plain management, and is an asset to the Village’s program.
REPORTS RECEIVED
Village Justice and Acting Village Justice reports for the month of November were received, reviewed and placed on file.
Ambulance report for the month of November was received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 8:35 p.m. upon motion by Mayor Doster and seconded by Deputy Mayor Wood.
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Village Clerk
