Draft Town Board Meeting Agedna 02-09-2009

------------DRAFT TOWN BOARD MEETING AGENDA 02-09-09------------

DRAFT

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*FEBRUARY 9, 2009 RHINEBECK TOWN BOARD MEETING AGENDA*

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6:45 Call to Order

Announcements

Board of Assessment Review is seeking applicants for one position for the annual Review to be conducted this May. Contact Town Clerk's Office for application.

Web Committee is seeking one new member. Of particular help would be an individual with Web graphics design skill who would like to join the committee or willing to contribute 2-5 hours time per week even if unable to join committee. Applications also available in Town Clerk's Office.

Recreation Committee needs new member. Applications in Town Clerk's Office

Quad-centennial committee is looking for new members who will organize, promote and help run various events throughout 2009. Representatives from various throughout the town are encouraged to participate.

Town Hall, Transfer Station and Highway Garage will be closed Monday, February 16th in observance of President's Day.

Waterfront Day in Rhinecliff will be Sunday, August 16th

Business

7:00 Public Hearing for proposed local laws 1 and 2 of 2009

Local Law 1 Cold War Exemption

A LOCAL LAW AMENDING CHAPTER 107 OF

THE TOWN CODE OF THE TOWN OF RHINEBECK

ENTITLED, "TAXATION" CREATING AN "EXEMPTION

FOR COLD WAR VETERANS" FOR THE TOWN OF

RHINEBECK, DUTCHESS COUNTY, NEW YORK,

LOCAL LAW 1 OF 2009

*SECTION 1. *

Chapter 107 of the Code of the Town of Rhinebeck is amended by adding a new

Article entitled, "COLD WAR VETERANS EXEMPTION," to read as follows:

*SECTION 107-___. Purpose.*

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* *The purpose of this Local Law is to allow for a tax exemption
for Town of Rhinebeck Cold War Veterans authorized pursuant to 458-b of the Real Property Tax Law of the State of New York.

*SECTION 107-___.* *Definitions.*

As used in this Article, the following terms shall have the meaning
indicated:

"Armed Forces" - The United States Army, Navy, Marine Corps, Air Force and Coast Guard.

"Active Duty" - Full-time duty in the United States Armed Forces, or other than active duty for training.

"Cold War Veteran" - A person, male or female, who served on active duty in the United States armed forces, during the time period from September 2, 1945 to December 26, 1991, was discharged or released there from under honorable conditions and satisfies any other requirements set forth in Section 458-b (1)
(a) of the New York State Real Property Tax Law.

"Latest Class Ratio" - The latest final class ratio established by the New York State Board of Real Property Tax Services pursuant to Title 1 of Article 12 of the New York Real Property Tax Law for use in a special assessing unit as defined in Section 1801 of the New York State Real Property Tax Law.

"Latest State Equalization Rate" - The latest final equalization rate established by the New York State Board of Real Property Tax Services pursuant to Article 12 of the New York State Real Property Tax Law.

"Qualified Owner" - A Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. There a veteran is also the unremarried surviving spouse of a veteran; such person may also receive any exemption to which the deceased spouse was entitled.

"Qualified Residential Real Property" - Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this article.
Such property shall be the primary residence of the Cold War Veteran or the unremarried surviving spouse if a Cold War Veteran; unless the Cold War Veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization subject to such time limitation, if any, as are set forth in Section 458-b (1) (f) of the New York State Real Property Tax Law.

"Service Connected" - With respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service.

*SECTION 107-___.* *Amount of exemption; limitations.*

A. Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000 or the product of $12,000 multiplied by the latest state equalization rate of the Town of Rhinebeck, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

B. In addition to the exemption provided by Subsection A of the Section, where the Cold War veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service-related disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veterans disability rating; provided, however, that such exemption shall not exceed $40,000 or the product of $40,000 multiplied by the latest class ratio, whichever is less.

*SECTION 107-___. Eligibility for exemption.*

* *If a Cold War Veteran receives either a veteran's exemption
under Article I of this Chapter, authorization by Section 458 of the Real Property Tax Law, or an alternative under Article II of this chapter, authorization by Section 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive an exemption under this article.

*SECTION 107-___. Duration of exemption.*

The exemption provided under this article shall be granted for a period of 10 years. The commencement of such ten year period shall be governed pursuant to this section. Where a qualified owner owns qualifying residential real property on the effective date of this Article, or such other dates as may be set forth in Section 458-b(2)(c) of the New York State Real Property Tax Law, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of the article, or such date as may be set forth in Section 458-b(2)(c) of the New York State Real Property Tax Law, such ten-year period shall be measured from the assessment role prepared pursuant to the first taxable status date occurring at least 60 days after the date of purchase of qualifying residential real property; provided however that should the veteran apply for and be granted an exemption on the assessment role pursuant to a taxable status date occurring within 60 days after the date if purchase of residential real property, such ten-year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten-year period, such exempt property is sold or replaced with other residential real property, such exemption may be granted pursuant to this article for the unexpired portion of the ten-year exemption period.

*SECTION* *107-___. Application for exemption.*

Application for the exemption set forth in this article shall be made by the qualified owner, or all of the qualified owners, of the property on a form prescribed by the New York State Board of Real Property Tax Services. The owner or owners shall file the completed form in their local assessor's office on or before the first appropriate taxable status date. The owner it owners if the property shall be required to refile at such times and under such circumstances as may be set forth in Section 458-b(4) of the New York Real Property Tax Law.
Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law.

*SECTION 2. Effective Date.*

* *This Local Law shall take effect upon filing in the Office of
the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.

Local Law 2 Senior Citizen Exemption

TOWN OF RHINEBECK LOCAL LAW NO. 2 OF THE YEAR 2009

A LOCAL LAW OF THE TOWN OF RHINEBECK, DUTCHESS COUNTY, YORK, AMENDING THE CODE OF THE TOWN OF RHINEBECK, CHAPTER 107 THEREOF, ENTITLED "TAXATION", ARTICLE I THEREOF, ENTITLED "SENIOR CITIZENS' EXEMPTION"

BE IT ENACTED by the Town Board of the Town of Rhinebeck as
follows:

SECTION 1. Chapter 107, Taxation, of the Code of the Town of
Rhinebeck is hereby amended to read as follows:

ARTICLE I, "Senior Citizens Exemption" Section 107-2(B) Eligibility for the exemption shall be based on the income of the owner or the combined income of the owners for 12 consecutive months prior to the date that the application is filed as follows:

ANNUAL INCOME % OF
ASSESSED VALUATION
EXEMPT FROM TAXATION

$28,000 or less
50%

$28,000.01 to $28,999.99
45%

$29,000 to $29,999.99
40%

$30,000 to $30,999.99
35%

$31,000 to $31,899.99
30%

$31,900 to $32,799.99
25%

$32,800 to $33,699.99
20%

$33,700 to $34,599.99 10%

$34,600 to $35,499.99
15%

$35,500 to $36,400.00
5%

class=Section3>

SECTION 2. SEPARABILITY. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of the provisions or application directly involved in the controversy in which judgment shall have been rendered and shall not effect or impair the validity of the remainder of this local law, the application thereof to other persons or circumstances, and the Town of Rhinebeck hereby declares that it would have passed this local law or the remainder thereof had such an invalid application or invalid provision been apparent

SECTION 3. EFFECTIVE DATES. This Local Law shall become effective upon filing in the Secretary of State's Office.

* Approve Local Law 1 of 2009 - Cold War Veteran Exemption.

* Approve Local Law 2 of 2009 - Senior Citizen Exemption.

* Approve request from Rhinebeck Fire Department to approve Certificate of Amendment of the Certificate of Incorporation and consent that the same be filed and sign agreement.

* Appoint Dave Miller as chair of Quad-centennial committee with Bruce Washburn as liaison.

* Appoint John Franco to Waterfront Committee term to expire

* Approve January 12th, 26th and 29th Town Board minutes.

* Authorize Supervisor to sign contract with Wallis, Loiacono & Cook, CPA's to prepare financial statements for 2008 and file annual financial report with State Comptroller's Office for $5,200.

* Approve Abstract 2

DISCUSSION

* Request Gellert and Klein to determine which department is suppose to be maintaining the Rhinecliff boardwalk/bridge.

* Update on Investment Policy

* Rhinecliff Hotel Maintenance Agreement update

* Safety issues at Holy Cross

* Building Department truck