Regular Village Board Meeting March 2, 2009
The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on March 2nd, 2009 was called to order by Mayor Thomas G. Coates at 7:00 P.M.
PRESENT: Thomas G. Coates, Mayor
Megan Grenier, Trustee
Timothy A. Lane, Trustee
Mark Lansing, Trustee
Ronald H. Miller, Trustee
William T. Smith, Jr., Clerk-Treasurer
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Asst to the Mayor
Also attending: Bill Garvey, Michael J. O’Brien, and Paul DeDominicis
The Mayor led the Pledge of Allegiance.
Mr. Michael O’Brien owner of 125 Broadway addressed the Board as to the work that has been done and what he expects to do this year on his property. Mr. O’Brien would also like to get a Certificate of Occupancy for a portion of the building. He has an agreement with a possible leasee for light storage of excess office equipment. The Board had several questions, which Mr. O’Brien answered. The Board thanked Mr. O’Brien and wished him success with his project.
Paul DeDominicis, President of the Menands Baseball & Softball League invited the Board to opening day which is scheduled for Saturday, April 25th. Paul also asked the Board if the DPW could help prepare the fields as they do every year. The Board thanked Paul for his work and advised him the DPW would work with his volunteers to get the field ready.
A motion was made by Trustee Grenier seconded by Trustee Miller to accept the minutes of the February 17th, 2009 meeting.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Lansing voting ABSTAINED
Trustee Miller voting AYE
Mayor Coates voting ABSTAINED
A motion was made by Trustee Lansing seconded by Trustee Lane to approve payment for the following:
WARRANT #19
GENERAL totaling $55,688.54
WATER totaling 15,517.98
SEWER totaling 6,300.00
TOTAL $77,506.52
PAYROLL # 20 totaling $71,733.73
(02/13/09 – 02/26/09)
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
Trustee Lane advised the Board that one of our Election Inspectors may not be able to fulfill the duties to which appointed and he nominated Ms. Monica Stimac as an alternate Election Inspector if needed. Trustee Miller seconded the nomination.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
Trustee Lansing introduced the following local law Amending and Restating Section 153-7 and 153-8 relating to Real Property Tax Exemptions for Veterans.
A LOCAL LAW OF THE VILLAGE OF MENANDS
AMENDING AND RESTATING SECTION 153-7 AND 153-8
RELATING TO
Real Property Tax Exemptions for Veterans
Be it enacted by the Board of Trustees of the Village of Menands as follows:
SECTION 1. Section 153-7 and 153-8 of the Code of the Village of Menands (“Veterans Alternative Exemptions”) are hereby amended and re-stated in their entirety as follows:
§153-7 Legislative Intent
The purpose of this article is to modify the maximum veterans exemption from real property taxes granted pursuant to § 458-a of the Real Property Tax Law of the State of New York.
§153.8.1 Maximum Allowable Exemptions
Pursuant to the authority of Real Property Tax Law § 458-a, Subdivision 2, Subparagraph (d)(ii), the maximum allowable alternative veterans exemptions shall be:
- For veterans pursuant to Real Property Tax Law § 458-a, Subdivision 2(a): $36,000.
- For combat veterans pursuant to Real Property Tax Law § 458-a, Subdivision 2(b): $24,000.
- C. For veterans with service-related disabilities pursuant to Real Property Tax Law § 458-a, Subdivision 2(c): $120,000.
§153-8.2 Gold Star Parent
- As used in this section, a “Gold Star Parent” shall mean the parent of a child who died in the line of duty while serving in the United States Armed Forces during a period of war.
- Gold Star Parents are hereby included within the definition of “qualified owner” as provided in § 458-a(1)(c) of the Real Property Tax Law, and to include property owned by a Gold Star Parent within the definition of “qualifying residential real property” as provided within § 458-a(1)(d) of the Real Property Tax Law, provided that such property shall be the primary residence of the Gold Star Parent.
Trustee Lansing introduced the following local law Amending Section 153-3(b)(1) relating to Real Property Tax Exemptions for Seniors and Adding Section 153-3(c).
A LOCAL LAW OF THE VILLAGE OF MENANDS
AMENDING SECTION 153-3(b)(1) RELATING TO
Real Property Tax Exemptions for Seniors
AND
ADDING SECTION 153-3(c)
Be it enacted by the Board of Trustees of the Village of Menands as follows:
SECTION 1. Section 153-3(b)(1) of the Code of the Village of Menands (“Senior Citizen Tax Exemptions”) is hereby amended and re-stated in its entirety as follows:
B. No exemption shall be granted pursuant to this section:
(1) 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 $26,000 for an exemption on the 2007 assessment roll; the sum of $27,000 for an exemption on the 2008 assessment roll; the sum of $28,000 for an exemption on the 2009 assessment roll; or the sum of $29,000 for an exemption on the 2010
assessment roll. “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 wife, their combined income may not exceed such sum, except where the husband or wife, or ex-husband or ex-wife, is absent from the property as provided in Subparagraph (ii) of Paragraph (d) of Subdivision 3 of § 467 of the Real Property Tax Law, then only the income of the spouse or ex-spouse residing on the property shall be considered an 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 in the same income tax year, net rental income, salary or earnings and net income from self-employment, but shall not include a return on capital, gifts or inheritances or monies earned through employment in the Federal Foster Grand- parent Program. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion or wear and tear of real or personal property held for the production of income.
SECTION 2. A Section 153-3(c) is added to the Code of the Village of Menands is hereby amended and re-stated in its entirety as follows:
153-3 (c) Partial exemption (less than fifty percent); conditions.
Effective as hereinafter provided, there shall be an exemption from taxation for general Town purposes on real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, to the extent of the percentage of assessed valuation provided in the following schedule, determined by the maximum income exemption eligibility level also provided in the following schedule:
2009 Exemption
Annual Income Percentage of Assessed Valuation Exempt From Taxation
$28,000 or less 50%
More than $28,000 but less than $29,000 45%
$29,000 or more but less than $30,000 40%
$30,000 or more but less than $31,000 35%
$31,000 or more but less than $31,900 30%
$31,900 or more but less than $32,800 25%
$32,800 or more but less than $33,700 20%
$33,700 or more but less than $34,600 15%
$34,600 or more but less than $35,500 10%
$35,500 or more but less than $36,400 5%
2010 Exemption
Annual Income Percentage of Assessed Valuation Exempt From Taxation
$29,000 or less 50%
More than $29,000 but less than $30,000 45%
$30,000 or more but less than $31,000 40%
$31,000 or more but less than $32,000 35%
$32,000 or more but less than $32,900 30%
$32,900 or more but less than $33,800 25%
$33,800 or more but less than $34,700 20%
$34,700 or more but less than $35,600 15%
$35,600 or more but less than $36,500 10%
$36,500 or more but less than $37,400 5%
A. No exemption shall be granted pursuant to this section:
(1) 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 $35,399.99 for an exemption on the 2009 assessment roll; and the sum of $36,399.99 for an exemption on the 2010 assessment roll. “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 wife, their combined income may not exceed such sum, except where the husband or wife, or ex-husband or ex-wife, is absent from the property as provided in Subparagraph (ii) of Paragraph (d) of subdivision 3 of § 467 of the Real Property Tax Law, then only the income of the spouse or ex-spouse residing on the property shall be considered and 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 or monies earned through employment in the Federal Foster Grandparent Program, or medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion or wear and tear of real or personal property held for the production of income.
(2) Unless the title of the property shall have been vested in the owner or one of the owners of the property for a least 24 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 decent 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 24 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 24 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 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 purposes of the exemption from taxation by a municipality within the state granting such exemption.
(3) Unless the property is used exclusively for residential purposes.
(4) Unless the real property is the legal residence and is occupied, in whole or in part, by the owner or by all of the owners of the property.
B. Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board to be furnished by the Village of Menands and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in the Village of Menands Assessor’s office on or before the appropriate taxable status date. Notwithstanding any other provision of law, any person otherwise qualifying under this section
shall not be denied the exemption under this section if he becomes 65 years of age after the appropriate taxable status date and before December 31 of the same year.
C. Penalty for false statement; collection of erroneous exemption; payment of fines.
(1) Any conviction of having made any willful false statement in the application for such exemption shall be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years.
(2) Notwithstanding any inconsistent provisions of the New York State Real Property Tax Law, the collection of any amount of tax erroneously exempted due to an incorrect statement in an application for exemption shall be enforceable in the same manner provided for the collection of delinquent taxes pursuant to the provisions of Article 10 of the New York State Real Property Tax Law.
(3) Any fine levied pursuant to Subsection C(1) of this subsection shall be paid to the appropriate assessing authority.
- The real property tax exemption on real property owned by husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded by the Village of Menands solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.
The Clerk advised the Board that the 2009 NYCOM Main Street Economic Development Conference is scheduled for April 30, 2009 at Canandoigua Inn on the Lake, in Canadoigua, NY. Anyone wishing to attend should let him know so he can make arrangements.
The Clerk informed the Board that a Budget Workshop has been set for Monday, March 9th, 2009 at 7:00 PM in the Municipal Building.
The Clerk reminded the Board that Annual Village Elections will be Wednesday, March 18, 2009; from Noon to 9 P.M. four year terms for two Trustees and the Village Justice positions will be up for election.
Registration Day will be Saturday, March 7th, 2009 Noon to 5 P.M.
The Clerk informed the Board that we will begin taking reservations for Ganser Smith Park on Monday, March 9th, 2009.
At 7:55 P.M. a motion was made by Trustee Lansing seconded by Trustee Lane to enter into Executive Session.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The regular meeting reconvened at 8:30 P.M.
A motion was made by Trustee Lansing seconded by Trustee Lane to adjourn.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The meeting was duly adjourned at 8:31 P.M.
_____________________
William T. Smith, Jr.
Clerk-Treasurer