Chapter 245 Taxation re. 1970 Operation Graphic Hand

LEGAL NOTICE
NOTICE OF PUBLIC HEARING

Notice is HEREBY GUVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of February, 2019, a Local Law entitled “A Local Law in relation to Amend Chapter 245 Taxation, to Provide Property Tax Exemption for Certain Veterans Who Participated in Operation Graphic Hand” and

NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of March, 2019 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard.

The proposed Local Law entitled, “A Local Law in relation to Amend Chapter 245 Taxation, to Provide Property Tax Exemption for Certain Veterans Who Participated in Operation Graphic Hand reads as follows:

LOCAL LAW NO.     2019

A Local Law entitled, “A Local Law in relation to Amend Chapter 245 Taxation, to Provide Property Tax Exemption for Certain Veterans Who Participated in Operation Graphic Hand

BE IT ENACTED by the Town Board of the Town of Southold as follows:

I. Purpose.

The Town Board finds and determines that in March of 1970, the United States was in the midst of a communication crisis when letter carriers for the U.S. Postal Service voted to strike in major cities throughout the country.

The Town Board determines that New York City was the epicenter of the strike movement, affecting not just local mail delivery but also the routing of correspondence and parcels throughout the nation.

The Town Board also finds and determines that on March 23, 1970, President Richard Nixon issued an executive military order, declaring a state of emergency and mobilizing 25,000 active duty and reserve service members to maintain postal service in New York City. The Mission was later designated Operation Graphic Hand.

The Town Board further finds and determines that, while the strike was short in duration, ending on March 25, 1970, the service of the men and women assigned to Operation Graphic Hand ensured that essential elements of mail delivery occurred during this period.

The Town Board finds that New York State and Suffolk County recently enacted legislation authorizing towns in their discretion to extend real property tax exemptions provided under State and County Law to veterans who were assigned to Operation Graphic Hand.

The Town Board determines that given the Town of Southold’s close proximity to the main site of Operation Graphic Hand, the Town of Southold should authorize the property tax exemption for those veterans who helped keep our national postal service operating in a time of crisis.

Therefore the purpose of this amendment is to amend Chapter 245 to authorize the inclusion of veterans of Operation Graphic Hand in the Town’s real property tax exemption laws.

II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows:

  • 245-15

Definitions

VETERAN
A person:

A. Who served in the active military, naval, or air service during a period of war or who was a recipient of the armed forces expeditionary medal, naval expeditionary medal, Marine Corps expeditionary medal or global war on terrorism expeditionary medal, and who was discharged or released therefrom under honorable conditions; or

B. Who was employed by the War Shippings Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce or as a civil servant employed by the United States Army Transportation Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December 7, 1941, to August 15, 1945, aboard merchant vessels in oceangoing (i.e., foreign), intercoastal or coastwise service, as such terms are defined under federal law (46 U.S.C.A. §§ 10301 and 10501), and further to include near-foreign voyages between the United States, Canada, Mexico or the West Indies via ocean routes or public vessels in oceangoing service or foreign waters and who has received a certificate of release or discharge from active duty and a discharge certificate or an honorable service certificate/report of casualty from the Department of Defense;

C. Who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in World War II during the period of armed conflict, December 7, 1941, through May 8, 1945, and who was discharged or released therefrom under honorable conditions; or

D. Who served as a United States civilian flight crew and aviation ground support employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American’s contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December 14, 1941, through August 14, 1945, and who was discharged or released therefrom under honorable conditions. or;

E. Who served as military personnel in the Reserve component of the United States Armed Forces and deemed on active duty under Executive Order 11519, signed March 23, 1970, 35 Federal Register 5003, dated March 24, 1970 and later designated by the United States Department of Defense as Operation Graphic Hand, and who was discharged or released therefrom under honorable conditions.

III. SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

IV. EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

Dated: February 26, 2019
BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk

PUBLISHED MARCH 7, 2019

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