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November 17, 2011 Draft Public Hearing Local Law #2 – Override 2% Tax Levy

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DRAFT

Public Hearing Local Law #2

Override 2% Levy

11/17/11

The Public Hearing was called to order at 6 PM.

Board members present were Councilwoman LaPine, Councilman LaForest,

Councilman MacDougal, Councilman Wrisley and Supervisor Boisen. Alsopresent was Audrey Hoskins, Town Clerk.

Visitors included Catherine DeWolfe, Tina Gardner, Jim Van Hoven, Mike Pratt and David Hislop.

Jim Van Hoven said he hoped that the Town would not have to use the override, but it is prudent for them to enact the law in case they need to do this.

Mike Pratt said he was not sure this was a good thing to do. It should not be a license to just spend more money. He asked the Board if they anticipated going over the 2% tax cap. Councilman Wrisley said that with the new sewer the Town is going to incur expenses it has never had before and this will raise the budget.

We have raised very little in our line items but the budget has gone up.

Supervisor Boisen said we are using $185,000 of fund balance to keep our budget as low as possible.

Councilman LaForest said it is our task to look at these figures again to see if we can make cuts in this proposed budget.

Town of Essex Local Law was presented.

The following Local Law #2 was offered by Councilman Wrisley, who moved

Its adoption. And seconded by Councilman MacDougal.

Town Board of Essex, NY hereby introduces proposed Local Law No. 2 of 2011 entitled A Local Law to override the Tax Levy Limit established in General Municipal Law 3-c reading and provided as follows:

Town of Essex Local Law 2 of 2011

A Local Law to Override the Tax Levy Limit Established in General Municipal Law 3-c.

Be It Enacted, by the Town Board of Essex, NY as follows:

Section 1 Legislative Intent.

It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Essex pursuant to General Municipal Law 3-c, and to allow the Town of Essex to adopt a budget for the fiscal year 2012 that requires a real property tax Levy in excess of tax levy limit as defined by General municipal Law 3-c.

Section 2 Authority.

This local law is adopted pursuant to subdivision 5 of General Municipal Law 3-c, which expressly authorizes the Town Board of Essex to override the tax levy limit by the Adoption of a local law approved by sixty percent of the Board.

Section 3 Tax Levy Limit Override – Budget Authorization.

The Town Board of Essex, NY hereby overrides the tax levy limit for the Town of Essex for 2012 and authorizes the Essex Town Board, after completing all required procedures for the adoption of a budget, to adopt a budget for 2012 that requires a tax levy that is greater than the tax levy limit calculated for 2012 pursuant to 3-c of the General Municipal Law.

Section 4 Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstances, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause. Sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation, or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5 Effective date.

This local law shall take effect immediately upon filing with the Secretary of State.

Supervisor Boisen -no.

Councilwoman LaPine -yes

Councilman MacDougal -yes

Councilman Wrisley -yes

Councilman LaForest -no

The Public Hearing was closed at 6:08 PM.

Respectfully submitted Audrey Hoskins, Town Clerk

About Olive Alexander

Although I grew up in Essex on my grandparents’ farm and developed strong ties to farming, I wanted to see more of the world and experience the differences in cultures and people. I spent nearly fifty years in England, New Hampshire, Texas and New Jersey with trips to almost all of the fifty states and Singapore, an incomparable learning experience. I now live on property that has been in our family for three generations and still love the fields, the farms and the animals.