LL #02-2004Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
rw
of Wappinger-----------------------
Town-----------------------------------
Local Law No. ------- #_2--------------------------- of the year 20--0-4-
A
0..0-4_
Alocallaw__-g-titled"Local_Law_No_ of the Year 2004, Amending the Code of
---------------------------
She__Tof Wappinger_ top -Increase the Incoem Eligibility_ for Partial
- --------------------------- ----------------------
___Beal_XzQ.pgrty__ Tax _ for Real Property Owned by Disabled Persona"
------------------------------- ------------------------
Be it enacted by the_____________Town_ Board
�g�y (Nae o(Le�lrme Baty)
------------------------------------------------------------ of the
Town of---- &3ppinger-------------------------- --
-------------------------------------------- as follows:
MMW
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) (1�
LOCAL LAW NO.#Z OF THE YEAR 2004
A Local Law entitled "Local Law No. -#2— of the Year 2004, Amending the Code of the
Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for
Real Property Owned by Disabled Persons."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger "Local Law No. #2 of
the Year 2004, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for
Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons", which shall
amend the present Town Code fixing the income limitations for eligibility for real property tax
exemptions for disabled persons, as set forth below.
Section 11: LeLyislative Intent•
Section §459-c of the Real Property Tax Law has been amended to increase
the maximum income eligibility for a real property tax exemption of fifty percent
(50%) for property owned by disabled persons, specifically, from Twenty One
Thousand, Five Hundred Dollars ($21,500.00) to Twenty -Four Thousand Dollars
($24,000.00) and for additional partial exemptions depending on income, provided
the combined income is not greater than Thirty -Two Thousand, Four Hundred
Dollars ($32,400.00). The Town Board determines that it is in the best interest of
the citizens of the Town of Wappinger to increase the income eligibility for this real
property exemption as authorized by the most recent amendments to Section §459-c
of the Real Property Tax Law.
Section III: Increase in Income Eligibility:
The Town of Wappinger Code §221-12 (C) is hereby amended to read as follows:
"Section 221-12 (C): In order to be eligible for a 50% tax exemption, 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 the application for exemption shall
not and may not exceed the sum of $24,000. The "income tax year" shall mean the
twelve (12) month period for which the owner or owners filed a federal personal
income tax return, or if no such return is filed, the preceding calendar year. Where
title is vested in either the husband or the wife, their combined income may not
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exceed such income, except if the husband or the wife is absent from the property
due to divorce, legal separation or abandonment, 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 in the same income
tax year, net rental income, salary or earnings, and the 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 programs, and such
income shall be off -set by all 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, wear and tear of real or personal property held for the production
of income."
Section 221-12 (D) of the Code of the Town of Wappinger is hereby amended to
read as follows:
Section 221-12 (D): "If the income of an eligible property owner or the combined
income of the owners of the property exceeds the sum of Twenty -Four Thousand
Dollars ($24,000.00) for the income tax year immediately preceding the date of
making the application for tax exemption, and is not greater than Thirty -Two
Thousand, Four Hundred Dollars ($32,400.00), said owner shall be entitled to a
partial exemption as follows:
ANNUAL INCOME
$0 to $24,000.00
$24,001.00 to $25,000.00
$25,001.00 to $26,000.00
$26,001.00 to $27,000.00
$27,001.00 to $27,900.00
$28,901.00 to $28,800.00
$28,801.00 to $29,700.00
$29,701.00 to $30,600.00
$30,601.00 to $31,500.00
$31,501.00 to $32,400.00
PERCENTAGE OF ASSESSED VALUATION
EXEMPT FROM TAXATION
50%•
45%
40%
35%
30%
25%
20%
15%
10%
5%"
Section__ IV: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section V: Effective Date:
This Local Law shall take effect immediately upon filing as provided by the Municipal-
Home
unicipal
Home Rule Law and shall be applied retroactively from January 1, 2004.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.________J42______________________
of the ( )(Town)( of -_____Rapp-finger - of 200.4___
---------- TavnB-oarsl---------------------- on - 04 -:--------------------------------- was duly passed by the
(Name of Legislative Body) e�-•--�3----- 20 _-- , In accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ________________________
of the (County)(City)(Town)�Ilage) of ______________ ----------- of 20-_—__
--------------------------------------------------- was duly passed by the
--'-'---'--'"'"--'------------- on ------------------ 20 ___ , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ____________________________________________ _____ and was deemed duly adopted on ------------------ 20--:_
(Elective ChiefEsecutive Officer*)
in accordance with the applicable provisions of law.
I (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No- _—__—____________
of the (County)(City)(Town)(Village) of-----------------------------------------------------------
---_______ ------------ of 20--_-_
------------------------------------------ ---------- was duly passed by the
---------------------- - -
--------------------- -- on ------------------ 20---- and was (aPP
(Name of Legislative Bodv) """""" roved)(not approved)(repassed after
disapproval) by the ------------------------------------------------- -------------------------------------- on-----------
-------- 20---- . Such local law was submitted
(Elective Chief Esecutive Officer*)
to the people by reason of a (mandatory)(perrnissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on _________________
accordance with the applicable provisions of law. - 2(1--- , in
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. -------------------------- __
of the (Cou nty)(Ci ty)(Town) (Village) of ________________________________ _ __ _ ------ of 20______
-----------------------
- ' -------------------------- was duly passed by the
on
(Name of Legislative Body) 20 ---- , and was (approved)(not approved)(repassed- after
disapproval) by the ----------- ='
(Elective Chief Executive Officer)
-'-- —0 --- . Such local _law _was subject to
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20--__ ,
accordance with the applicable provisions of law. in
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (CIty local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of
of the City of --------------------------------------------- 20------
-- ----------- --- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on_______________
became operative. ---- 20-__-,
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________
of the County of _________________________________________________ __ of 20______
State of New York, having been submitted to the electors
at the General Election of November ______________________ 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding_local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ------ 1_------ above. 1-17
(Seal)
Clerk of -&e Conaty legislgWeiy, C wn or Village Clerk
or officer designated bzy lo°c�; : iative q
GLORIA MORSE --'Town C1 _rlr
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of localIty.)
STATE OF NEW YORK
COUNPYOF Nlrr-hacG
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hnratn
Albert P. Roberts – Attorney to the Town
Tide
Zown of —Wapp—ger
Date: y
(3)
RESOLUTION NO. 2004-112
RESOLUTION TO AUTHORIZE THE ADOPTION OF `LOCAL LAW NO. #2 OF
THE YEAR 2004, AMENDING THE CODE OF THE TOWN OF WAPPINGER TO
INCREASE THE INCOME ELIGIBILITY FOR PARTIAL REAL PROPERTY TAX
EXEMPTIONS FOR REAL PROPERTY OWNED BY DISABLED PERSONS"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the -2a-rd
day of February, 2004, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
ABSENT:
Council Members - Robert L. Valdati
YiR1
Joseph P. Paoloni
Maureen McCarthy
Vincent Bettina
The following Resolution was introduced by Mr. Pao loni and seconded by
Mr. Valdati
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. tp2 of the Year 2004,
amending the code of the Town of Wappinger to increase the income eligibility for partial real
property tax exemptions for real property owned by disabled persons" for consideration of
adoption by the Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the
official newspaper of the Town, and the Poughkeepsie Journal; and
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WHEREAS, a Public Hearing was held on Feb. 23, 2004 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law
or any part thereof, and
WHEREAS, the Town Board determined that the proposed Local Law was not subject to
environmental review; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds
that it is in the best interest of the Town to amend said Local Law.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled
"Local Law No. #2 of the Year 2004, amending the code of the Town of Wappinger to
increase the income eligibility for partial real property tax exemptions for real property owned by
disabled persons", a copy of which is attached hereto and made a part of this Resolution.
3. The Town Clerk is directed to enter said Local Law and the minutes of this
meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with
the Secretary of State of New York as provided by law.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting Aye
ROBERT L. VALDATI, Councilman
Voting Aye
VINCENT F. BETTINA, Councilman
Voting Absent
JOSEPH P. PAOLONI, Councilman
Voting Aye
MAUREEN McCARTHY, Councilwoman
Voting Aye
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Dated: Wapping rs Falls, New York
2004
The Resolution is hereby duly declared adopted.
J. MORSE, TOWN CLERK
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