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Town of Brookhaven, NY
Suffolk County
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Table of Contents
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New Laws (9) Index
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-15-2010 by L.L. No. 29-2010, effective 1-1-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Capital budget system — See Ch. 18.
It is the intent of the Town Board to ensure fiscal responsibility by limiting the operating budget expenditures. Therefore, it is the intent of this chapter to limit the annual increases in the Town-Wide General Fund expenditures in an amount not greater than the three-year average of revenue growth, plus the three-year average population growth rate.
When used in this chapter, the following terms shall have the meanings indicated:
POPULATION GROWTH RATE
The percentage change in population in the Town of Brookhaven in one fiscal year as compared to the population in the Town of Brookhaven in the immediately preceding fiscal year as reported in the Long Island Power Authority (LIPA) population survey.
REVENUE GROWTH RATE
Excluding any application of surplus, the percentage change in actual revenue in the Town-Wide General Fund in one fiscal year as compared to the actual revenue in the Town-Wide General Fund in the immediately preceding fiscal year.
The total dollar amount of expenditures in the annual adopted operating budget for the Town-Wide General Fund shall not increase above the total dollar amount of expenditures in the most recent adopted operating budget for the Town-Wide General Fund by more than the three-year average of revenue growth rate plus the three-year average population growth rate for the three previous completed fiscal years. When the calculated growth rate is less than 0%, adopted expenditures shall not exceed expenditures in the most recent adopted budget. For the purposes of this section, the most recent adopted budget shall include any revisions adopted via Town Board resolution.
A. 
In any year where revenues collected, excluding the application of surplus, exceed expenditures, the excess revenues shall be deposited in the following manner:
(1) 
If the Town is not in compliance with the adopted Fund Balance Policy, then excess revenues shall be applied to the reserve fund of the Town-Wide General Fund until the Town is in compliance with the adopted Fund Balance Policy.
(2) 
If the Town is in compliance with the adopted Fund Balance Policy, then excess revenues shall be allocated as follows:
(a) 
Forty percent shall be deposited into the Town-Wide General Fund.
(b) 
Twenty percent shall be deposited into the Joseph Macchia Environmental Preservation Capital Reserve Fund.
(c) 
Ten percent shall be deposited into the Solid Waste Management Reserve Fund.
(d) 
Ten percent shall be deposited into the Motor Vehicle Reserve Fund.
(e) 
Ten percent shall be deposited into the Snow Reserve Fund.
(f) 
Ten percent shall be deposited into the Capital Projects Reserve Fund.
Notwithstanding the provisions of § 18B-3 or § 18B-4, the Town Board may provide for an increase in spending in the Town-Wide General Fund in excess of the amount defined in § 18B-3 by an affirmative vote of 3/4 of the Town Board.
It is the Town Board's express intent and purpose, pursuant to § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, and § 10 of the Statute of Local Governments, to supersede New York State Town Law § 63, to the extent necessary, by requiring an affirmative vote of 3/4 of the Town Board as provided under this chapter.
If any clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.