2012-294
2012-294
Resolution Introducing "Local Law No. _ of the Year 2012, to Override the Tax Levy
Limit for Fiscal Year 2013 Established in General Municipal Law ~ 3-C"
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 October
22,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czamiecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czamiecki and seconded by
Councilman Bettina.
WHEREAS, General Municipal Law 9 3-c establishes limits on the amount of real property
taxes that may be levied by or on behalf of any local government thereby placing a "tax levy limit"
on municipalities; and
WHEREAS, a tax levy increase in excess of the General Municipal Law 9 3-c limits may
be required for the Town of Wappinger because projected revenues for Fiscal Year 2013 are
projected to decrease substantially, in particular Dutchess County has announced that the sharing of
sales tax revenue will be reduced and that the Town of Wappinger will receive approximately
$200,000 less than it did in Fiscal Year 2012; in addition mortgage tax revenues are anticipated to
decline in 2013; and
WHEREAS, the Town Board has determined that the expenses in the Fiscal Year 2013
Budget are projected to increase while the revenues are projected to decrease which will require a
tax levy increase that is greater than that allowed by General Municipal Law 9 3-c; and
WHEREAS, by adoption of this local law, the Town Board hereby intends to override the
limit on the amount of real property taxes that may be levied by the Town of Wappinger and
authorize the Town Board to adopt a budget for fiscal year 2012 in excess ofthe "tax levy limit" as
defined by General Municipal Law 9 3-c; and
WHEREAS, the adoption of this local law is authorized pursuant to subdivision 5 of
General Municipal Law 9 3-c, which expressly authorizes the Town Board to override the tax levy
limit by the adoption of a local law approved by vote of sixty percent (60%) of the Town Board;
and
WHEREAS, the local law to exceed the tax levy limit must be introduced and adopted
before the Fiscal Year 2013 Budget is finalized and approved if the Town Board is required to
exceed the tax levy limit; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR 9 617.5 (c) (20) and is otherwise
exempt from environmental review pursuant to the New York State Environmental Quality Review
Act ("SEQRA").
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 hereby introduces for adoption Local Law No._ of the Year
2012 in the form annexed hereto.
3. The Town Board hereby determines that the aforementioned Local Law is a Type II
action as defmed in 6 NYCRR S 617.5(c)(20) and, accordingly, the Town Board
hereby expressly determines that this action is not an action that requires review
pursuant to the provisions of the New York State Environmental Quality Review
Act ("SEQRA").
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. of the Year 2012 to be held at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 5th day of November 2012, at 7:30
p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in
the form annexed hereto and to publish same in the Southern Dutchess News and
the Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
10/22/2012
The Resolution is hereby duly declared adopted.
r~~uckL
CHRISTINE FUL N, TOWN CLERK