Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]

§ 18-1 Intent.

A. 
It is the intention of the Town Board of the Town of Brookhaven to institute and establish a capital budgeting system for the purpose of approving and authorizing all capital projects within the Town.
B. 
The capital budget shall contain all recommended capital projects for the next succeeding fiscal year and the two following fiscal years. No project may proceed nor may funds be expended on any capital project unless said project is included in the capital budget.
C. 
The capital budget shall be prepared and submitted annually by the Town Supervisor to the Town Board. It shall contain all recommended capital projects for the next succeeding fiscal year and the two following fiscal years and a report by the Supervisor to the Town Board on all previously authorized capital projects, including their current status, total estimated cost and estimated completion date.
D. 
The Town Board shall annually adopt a capital budget in accordance with this chapter.
E. 
It is the intent of the Town Board to enact a Debt Management Policy and Capital Budget Policy that ensure long-term fiscal stability for the Town of Brookhaven, establish a limitation on the issuance of new debt and are reflective of the Town’s ability to repay debt issued. It is the intention of the Town Board to reach compliance with this Debt Management Policy by December 31, 2015, and remain in compliance.
[Added 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]

§ 18-2 Proposals and estimates.

The Supervisor of the Town of Brookhaven shall annually establish a date by which the head of each administrative unit must prepare and submit capital proposals and estimates to him/her. He/She shall prepare and provide to all Town departments the necessary forms and instructions for the preparation of such proposals. The head of each administrative unit shall be required to submit capital proposals in accordance with such instructions by such date. The head of each administrative unit may also be required by the Supervisor to submit such other supporting data or information as may be required in connection therewith. Upon the receipt of such capital proposals, the Town Supervisor shall forward one copy of each proposal to the Town Board.

§ 18-3 Hearings.

The Town Supervisor shall schedule and hold one or more public hearings prior to the adoption of a capital budget.

§ 18-4 Consultation with Planning Board.

The Town Supervisor may consult the Planning Board concerning his/her recommendations to the Town Board on any projects which may require the assistance of the Planning Board in developing such recommendations.

§ 18-5 Submission of preliminary budget.

Not later than October 5 in each year or the date fixed for submission of the preliminary operating budget, the Town Supervisor shall prepare and submit to the Town Board his/her preliminary capital budget. It shall contain recommendations concerning capital projects to be authorized for the next succeeding fiscal year and the two fiscal years succeeding and the Supervisor's budget message.
A. 
Budget message. Each such preliminary capital budget may be accompanied by the Supervisor's budget message. If there is a budget message, there shall be a general summary of the financial requirements for the capital program for the fiscal year to which the budget message relates. It may also comment on the status or progress of previously authorized projects to the extent that such comments may be appropriate.
B. 
Contents. The preliminary capital budget shall contain the following:
(1) 
A list of all previously authorized projects which are still incomplete; for each such project, information concerning the status of the project, its estimated completion date, the total estimated cost and such other information as the Town Supervisor may deem appropriate.
(2) 
A list of all recommended new capital projects showing the following:
(a) 
The name or description of the project.
(b) 
The total annual estimated cost.
(c) 
The estimated completion cost.
(d) 
The method of funding.
(e) 
The first year's operating cost of the facility, if any.
(f) 
The anticipated revenue to be derived from such facility, if any.
(g) 
The proposed tax and benefit basis, i.e., whether a special district is proposed or whether such project is to be a general Town charge.
(3) 
A Town map showing the location of proposed new projects, including the tentative boundaries of any special improvement districts proposed to be created, extended or amended.

§ 18-6 Annual adoption of budget.

The Town Board shall annually adopt the capital budget after review and revisions, if any. The provisions of any law relating to a public hearing on the tentative budget and to the adoption of the budget shall apply to the capital program. After adoption, such capital budget shall be the official Town capital budget, and no capital project shall be authorized or undertaken unless it is included in the capital program as adopted or amended.

§ 18-7 Modifications.

[Amended 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]
At any time during the fiscal year for which the capital budget was adopted, the Town Board, by the affirmative vote of 2/3 of its total membership, may amend the capital budget as authorized by and in accordance with the requirements of § 18-10, Capital Budget Policy.

§ 18-8 Preparation of preliminary plans; estimate of cost; bids.

A. 
Upon the inclusion of a project in the approved capital budget, the head of the administrative unit in charge of such project shall, upon the authorization of the Supervisor of the Town, proceed to prepare preliminary plans for such project; provided, however, that no funds shall be spent nor obligations incurred without the approval of the Town Board.
B. 
Following the preparation of such preliminary plans, a preliminary estimate of the cost of such project shall be prepared and presented to the Town Supervisor for his/her approval. Upon the approval of the Supervisor, such head of the administrative unit shall proceed to prepare final plans and estimates for such project, including maps, if any are required. Once completed, these final plans and estimates shall be presented to the Town Supervisor for his/her approval. If such estimates are within the amount authorized in the capital budget, the Supervisor may authorize the taking of bids. If such estimate exceeds the amount authorized in the capital budget, the Supervisor shall, if he/she approves, submit to the Town Board a proposal to amend the capital budget so as to reflect accurate estimates of cost. Upon the approval by the affirmative vote of 2/3 of the total membership of the Town Board of such amendment, the Supervisor may authorize the taking of bids.
C. 
If, upon the receipt of bids, the lowest responsible bidder is found to be acceptable, the Town Supervisor shall present information on such bids to the Town Board, along with a proposal for the funding of such project. Once the proposed funding has been authorized, the Town Board, by resolution, may award the contract and authorize the Supervisor to execute it on behalf of the Town.

§ 18-9 Debt Management Policy.

[Added 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]
A. 
Requirements.
(1) 
Maximum budgeted debt service expenditures. Budgeted debt service expenditures in the Town-Wide General Fund shall not exceed 15% of Town-Wide General Fund revenues, excluding any application of surplus, or 15% of Town-Wide General Fund expenditures, whichever is less. The 15% shall be calculated based upon the actual Town-Wide General Fund revenues or expenses of the last prior completed fiscal year.
(a) 
In the event that the Commissioner of Finance issues a written statement that the Town was in compliance with Subsection A(1) of this section in the last prior completed fiscal year, the Commissioner of Finance shall then recommend a total dollar amount for the capital budget in the next fiscal year that will ensure the Town's continued compliance with Subsection A(1) of this section.
(b) 
In the event that the Commissioner of Finance issues a written statement that the Town was not in compliance with Subsection A(1) of this section in the last prior completed fiscal year, the Commissioner of Finance shall then recommend a total dollar amount for the capital budget in the next fiscal year that will ensure the Town's compliance with Subsection A(1) of this section.
(2) 
Commencing on June 1, 2011, and June 1 of each year thereafter, the Commissioner of Finance shall submit in writing to the Supervisor an estimate of the total dollar amount of capital projects spending that may be included in the following year's budget in order to comply with the provisions of Subsection A(1) of this section.
(a) 
The statement from the Commissioner of Finance shall include an analysis of expected revenues and expenditures and a calculation of the current and projected Town-Wide General Fund debt service levels. For those years where the Town is not in compliance with Subsection A(1), the analysis shall also include a projected schedule of the total maximum capital budget expenditures that will be permitted in future years, and any additional action that may be necessary to ensure the Town comes into or remains in compliance with the provisions of Subsection A(1). The Commissioner's analysis shall be included in the following year's Town adopted budget document.
(3) 
Notwithstanding the provisions of Subsection A(1) above, in the event of an emergency as declared by the Supervisor pursuant to Article 2-B of the New York State Executive Law, the budgeted debt service expenditures in the Town-Wide General Fund may be increased upon a two-thirds majority vote of the Town Board in order to provide funding to respond to such emergency.
(4) 
The Town shall take all necessary action to ensure compliance with the provisions of Subsection A(1) no later than December 31, 2015, and each year thereafter.
(5) 
Notwithstanding any provision of this chapter, the Town shall not be obligated to incur the maximum amount of allowable debt service within any given year.

§ 18-10 Capital Budget Policy.

[Added 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]
A. 
Requirements.
(1) 
The Commissioner of Finance shall develop written policies that provide guidelines for the submission of capital budget requests, the format of those submissions, deadlines for submissions, and other procedures that may be necessary for the proper compilation of the capital budget.
(2) 
Any proposed amendment to increase the total amount of the adopted Town-Wide General Fund capital budget shall provide for a corresponding offset of a dollar amount in the capital budget equal to or greater than the amount of the proposed increase.
(a) 
Any amendment to the adopted Town-Wide General Fund capital budget for a project financed in part by federal or state funding shall only require an offset in the capital budget equivalent to the portion of the project funded by the Town.
(b) 
Any amendment to the adopted Town-Wide General Fund capital budget for a project that will produce annual revenue in excess of the projected debt service shall not require an offset. The Commissioner of the respective department shall provide the revenue projections, in writing, to the Commissioner of Finance, and the Commissioner of Finance shall confirm, in writing, that projected revenues are greater than debt service costs. This information shall be made part of any Town Board resolution amending the capital budget.
(3) 
In furtherance of § 18-9A(3), in the event of an emergency as declared by the Supervisor pursuant to Article 2-B of the New York State Executive Law, the adopted Town-Wide General Fund capital budget may be increased without an offset upon a two-thirds majority vote of the Town Board in order to provide funding to respond to such emergency.
(a) 
In the event that the Town Board approves a budget amendment pursuant to Subsection A(3) of this section, the Commissioner of Finance shall provide to the Town Board a written analysis as to the necessary action required in order to ensure compliance with § 18-9A(1), within a reasonable time.
(4) 
Funds designated for a project in the capital budget may not be used for any other project without an approved resolution of the Town Board.
(5) 
Where the Town has authorized funding from the Town-Wide General Fund for a project and no debt has been issued, and such project remains inactive and no expenses have been incurred within 24 months, the Commissioner of Finance is authorized and empowered to close out and remove the remaining funding for said project in accordance with applicable laws and accounting standards. Where the Town has authorized funding from the Town-Wide General Fund and debt has been issued, a Town Board resolution shall be required to close out and remove the remaining funding for said project.
(6) 
On an annual basis, the Commissioner of Finance shall provide a written report to the Town Board identifying all authorized but uncompleted capital projects, unexpended capital funds, and recommendations for the continuation or termination of the funding.

§ 18-11 Applicability.

[Added 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]
The provisions of § 18-9, Debt Management Policy, and § 18-10, Capital Budget Policy, shall be apply to all Town budgets commencing with the adopted budget for the 2011 fiscal year.

§ 18-12 Severability.

[Added 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]
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.

§ 18-13 Supersession of Town Law.

[Added 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]
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 a supermajority, two-thirds, of the Town Board as provided under this chapter.