Legislation Committee

MINUTES, May 28, 1996

 

MEMBERS:

 

Thomas J. Abinanti, Andrew A. Albanese, Joseph M. Delfino, Louis A. Mosiello, Paul J. Noto, George Latimer

 

LEGISLATORS:

 

Richard Wishnie, Ursula La Motte, Katherine Carsky, Lois Bronz

 

STAFF:

 

Donald K. Sandford, Dolores Heredia, Glenn Guzi, Dan Rodriguez

 

GUESTS:

Harriet Lieb & Charlotte Schienberg Somers (LWVof Westchester), Liz Salvi (County Atty. Office), Barbara Fratianni (County Executive’s Office), Margaret Iacomine (Cty. Tax Comm.), Amy Paulin (Scarsdale Trustee), Mark Tulis (WCMOA), Arthur J. DeAngelis (Mayor Elmsford), Dave Wilson (Gannett), Tim Idoni (Mayor of New Rochelle), Eileen Pilla (Mayor of Tarrytown), Lori La Salvia, Christine Gentile (BOL Interns), George Hosey (Citizen’s Budget & Co. Planning Board). Mary Creman, Aldo Vitagliano, (BOL), Phil Gille (County Exec. Office).

 

 

 

The meeting commenced at 4:00 PM.

 

The first order of business was a home rule request for licensing/electricians. Leg. Noto moved to approve, second by Leg. Albanese. All in favor [4-0].

 

The next item for discussion was a Home Rule Request for Assembly Bill 8053-B and Senate Bill 5299-A regarding Real Estate Property Revaluation. The proposed legislation would amend the State property tax law to authorize an optional cooperative real property tax administration system in Westchester. The proposed legislation differs from the legislation of last year. Phil Gille noted the changes.

The new proposal provides more significant protection for homeowners. Title 3 establishes three classes for real property assessment:

 

Legislation Committee

MINUTES, May 28, 1996

 

 

 

1. Residential

one, two and three family residential property

condominium properties and vacant properties

2. All other Residential Real Property

3. All other property (commercial)

The adoption of the classification system is not required and it is up to the particular communities to choose.

 

 

In addition, there are also some key inducements that are only available with this legislation:

1. Transitional Exception for all property.

If a particular parcel is under-assessed and reassessment will result in an assessment significantly above the average, then the increase will be phased-in over five years.

 

2. Special Exemption.

The assembly has added language to exempt from taxation 30% up to a maximum of $35,000. This ensures redistribution of tax burden within each class share. (Also has particular language for condominium owners).

 

3. Senior Citizen Tax Exemption.

This legislation would allow Westchester to use the Westchester medium income to determine the income guidelines for Senior Citizen property tax exemptions instead of the current State-wide average income which is considerably lower. This would raise the upper most income limit under which a Senior may receive even a partial exemption.

 

 

Leg. Albanese inquired about Veteran’s exemption. Veteran’s are unaffected by this legislation.

 

Mr. Mark Tulis (Counsel to the Municipal Official Associations) mentioned that New York City has a classification law. Reassessment will eventually come and this legislation will provide the most pro-homeowner real property tax system in New York State.

 

Larry Dwyer (Westchester County Association) expressed his opposition to this proposal on behalf of some the Westchester businesses. He argued that the legislators should address the burden this bill places on businesses.

 

Legislation Committee

MINUTES, May 28, 1996

 

 

Leg. Abinanti clarified that the present law requires all communities to assess all property at an equal percentage of full value. First, Article 19 authorizes communities to make changes similar to this legislation but without benefits and incentives. Therefore, this is an incentive for Westchester County to do what the current law requires. In addition, there is a local option. If a particular community does not like the class system they do not have to opt for it. Therefore this law is facilitating the compliance with the present mandates of State law. Second, if this law is approved the county will take three years to do all the work and turn it over to localities. Then they have to use the information immediately. However for those people harshly affected, there is a phase-in of 5 years. Third, communities will have to update their assessments every five years. This relaxes the current requirement that assessments be updated annually.

 

The Committee on Legislation will meet again to continue this discussion. The meeting adjourned at 6:00 PM.