[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
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]
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.
The Town Supervisor shall schedule and hold
one or more public hearings prior to the adoption of a capital budget.
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.
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.
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.
[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.
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.
[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.
[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.
(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.
[Added 6-15-2010 by L.L. No. 27-2010, effective 1-1-2011]
[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.
[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.
