Public Hearing – Tax Levy – April 3rd, 2017

Minutes of the Public Hearing on Local Law # 1 for 2017 Property Tax Levy of the Menands Village Code held on Wednesday, April 3rd, 2017 was called to order by Mayor Megan Grenier at 6:00 P.M.

PRESENT:

Megan Grenier, Mayor
Steve Boulet, Trustee
Diane Foley, Trustee
Seth H. Harris, Trustee
Aileen Nicoll, Trustee
William T. Smith, Jr., Village Treasurer
Donald Handerhan, Village Clerk
Paul Reuss, Exec Asst to Mayor

ABSENT:

Stephen Rehfuss, Village Attorney

Also attending: Brian Marsh.

The Clerk read the Notice:

A Public Hearing will be held on Wednesday, April 3rd, 2017 at 6:00 P.M. in the Village Municipal Building for a purposed Local Law #1 Tax Cap override authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c. Such Public Hearings are open to the public and are accessible to the handicapped. All are encouraged to attend or to present comments in writing.

LOCAL LAW NO. 1 – 2014
Village of Menands, County of Albany

A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c.

Section 1. Legislative Intent

It is the intent of this local law to allow the Village of Menands to adopt a budget for the fiscal year commencing June 1, 2014 that requires a real property tax levy in excess of the “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 a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

Section 3. Tax Levy Limit Override

The Board of Trustees of the Village of Menands, County of Albany, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2014 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is

invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, 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, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Resident Brian Marsh asked by overriding Tax Cap does that mean that taxes are going to be raised.

The Treasurer advised that overriding the Tax Cap is the only way to protect the Village of Menands. If the Comptroller does an audit and finds a mistake the Village is protected.

After which Mayor Grenier asked if there were anymore questions or comments. Hearing none the Mayor closed the Public Hearing at 6:05 P.M.

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Donald Handerhan
Clerk