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Public Hearing, November 18, 2017 1 Town of Niles PUBLIC HEARING Local Law 4 of 2017: Over-Riding the Property Tax Cap November 18, 2017 Niles Town Hall PRESENT: Joan Jayne, Supervisor Steven Cuddeback, Councilman Bernard Juli, Deputy Supervisor Attorney Brody Smith Clarence Edmonds, Councilman Joe MacDuffee, Councilman Tiffany Landis, Deputy Town Clerk OTHERS PRESENT: Twila, John and Lin MacDuffee, Bill Sheppard and James Matijas A. Meeting called to order at 9:00 am by Supervisor Jayne B. Pledge of Allegiance C. PUBLIC HEARING ON LOCAL LAW 4 OF 2017 ENTITLED "A LOCAL LAW OVER-RIDING THE PROPERTY TAX CAP". Bookkeeper Kelly Anderson provided a hand-out to public and the Board which summarized the 2018 on Budget Tax Levy and Tax Cap information. On a motion by Deputy Supervisor Juli and seconded by Councilman Cuddeback the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Public Hearing regarding the Local Law 4 of 2017 entitle "A Local Law Over-riding the Property Tax Cap" is opened. Supervisor Jayne instructed the public that everyone would be provided the opportunity to speak and then the Board would discuss comments once the hearing is closed. Bookkeeper Kelly then went over the hand-out she provided. -The 2018 Preliminary Budget causes the Town to raise $92,300 in real property taxes to support Highway Fund Operations; this is paid by everyone town-wide. The tax rate is estimated at $0.41/1,000 of assessed value - $41.00 in taxes for every $100,000 of assessed value. This tax is reportable for tax purposes. ---PAGE BREAK--- Public Hearing, November 18, 2017 2 -No real property taxes are required for the General Fund because it is self-sustaining, primarily through the collection of sales tax. -The Garbage District is a contractual fee paid by those in the district. The annual fee is $185.40 paid by the 766 units in the Town. This number is NOT reportable for tax cap purposes. -Sewer District 1 contains 13 units. The tax levy for this district covers an interest only payment on the capital loan which is $5,709, payable in July 2018. The district must be self- sustaining so each of the 13 members of the district is required to pay $439.15. This tax is reportable for tax cap purposes. -Water District 1 contains 13 units. The interest only payment on the capital loan is $3,196 payable in July 2018. This works out to $245.85 per unit in taxes. This is reportable for tax cap purposes. -In total, the 13 water and sewer district members will pay $685each to raise the taxes needed to pay the debt payment. Bookkeeper Anderson stated that the only reason the Town is proposing over-riding the tax cap is to allow the 13 water and sewer district customers to pay the debt payment due of $8,905 and not have any impact on the rest of Town operations. Bookkeeper Anderson answered questions - No, raising the tax cap does not affect sales tax distribution and this district including all engineering and legal fees is all paid for by the 13 members of the district. The district accounting is completely separate from the Town. Yes, the 13 members are aware of this cost. This is a 30 year loan and the expenses will be paid back by the 13 users. Under state law only people deriving a benefit from a district must pay. If an owner sells, the lien would stay with the property and the new owners would pay. The tax cap over-ride is needed only for the water and sewer districts. Attorney Smith stated that if the water and sewer districts, since they are self-sustaining were exempt like the garbage districts then we wouldn't be having this meeting. Mr. Sheppard stated that some people on the lake may not know about this cost. Attorney Smith stated that those of the 13 that requested to participate had to sign easements so they know. Some people opted out so the water and sewer lines were drawn around them. All 13 members agreed to the cost. Cost is not passed onto someone who did not want the service. There were no other comments from the public. On a motion by Supervisor Jayne and seconded by Deputy Supervisor Juli the following Resolution was ---PAGE BREAK--- Public Hearing, November 18, 2017 3 ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Public Hearing regarding the regarding the Local Law 4 of 2017 entitled "A Local Law Over-riding the Property Tax Cap" is closed. The Board had nothing further to discuss on the over-ride topic. RESOLUTION #2017-93 On a motion by Deputy Supervisor Juli, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays RESOLVED, that Local Law 4 of 2017 entitled "A Local Law over-riding the Property Tax Cap" be put forward. ---PAGE BREAK--- Public Hearing, November 18, 2017 4 TOWN OF NILES Local Law #4 of the year 2017 Over-Riding the Tax Cap Section 1 Authority This local law is enacted pursuant to the provisions of the New York Town Law, General Municipal Law and the laws of New York Chapter 97 of the laws of 2011. Section 2 Purpose The purpose of this local law is to over-ride the tax cap in order to allow for the levy of taxes needed to cover the creation of the Niles Sewer District #1 and Niles Water District Section 3 By this law the town of Niles adopts a local law over-riding the tax cap. The Highway Fund will not exceed the tax cap, however, the creation of the two new tax districts for sewer and water necessitate the over-riding of the cap as additional taxes will be levied on the residents in those districts. Section 4 This law shall be effective upon passage of this local law. ---PAGE BREAK--- Public Hearing, November 18, 2017 5 D. 2018 BUDGET RESOLUTION #2017-94 On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne Nays MacDuffee, Juli RESOLVED, that the 2018 budget be finalized and sent to the County Treasurer. E. Motion made by Supervisor Jayne to adjourn, seconded by Councilman Edmonds, motion unanimously carried to adjourn at 9:21 pm. Respectfully Submitted, Tiffany H. Landis Deputy Clerk