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COMMITTEE ON LEGISLATION

MINUTES: JANUARY 26, 2004

MEMBERS: Chair: Marty Rogowsky; Legislators: Abinanti, Bronz, Latimer, Mosiello, Oros, Pinto, Stewart-Cousins

IN ATTENDANCE: BOL: Ettere, Vega; CEO: Karen Pasquale, Andrew Neuman; LAW: Liz Cipollo, Brendan McGrath; LWVW: Rosemary MacLaughlin; NYS OFFICE OF REAL PROP. SVCS.: John Wolham; TOWN OF RYE: Mitchell Markowitz; DELBELLO..TARTAGLIA

LLP: Dan Tartaglia; MJW CONSULTING, INC.: John Watch; TOWN OF PELHAM: Michele Casandra (Assessor), Tom Kleinberger (Town Atty.)

The meeting was called to order at 1:05 p.m.

Item #8 - Petition from the Town of Rye

Item #8 is a letter from the Town of Rye petitioning the Board of Legislators to amend the Westchester County Administrative Code with respect to changing the taxable status date and the valuation date for purposes of the town’s ensuing tax roll.

John Wolham, NYS Office of Real Property Services, addressed the committee. Mr. Wolham explained the meaning of taxable status and valuation dates. He also went on to discuss the Town of Rye’s particular situation.

An Assessor determines the taxable status date of each property each year to determine its value. The status of each property on that date is how it will be added to the tax roll for the next 12 months. For purposes of each tax roll, the Assessor must determine the value of each property as of its valuation date. New York State controls the valuation date for most cities and towns and imposes a valuation date for assessment purposes of January 1st. There are exceptions and Westchester County is one of them. Westchester County has determined a valuation date of June 1st.

The Town of Rye is currently undergoing a real property tax revaluation project. Because most jurisdictions throughout NYS have not conducted revals the equalization rate for many is in the single digits. Furthermore, because Westchester towns have a valuation date of June 1st, the State’s data can be 11 months old ultimately affecting its confirmation of the community’s stated level of assessment.

Representatives from the Town of Pelham were also present and expressed their desire in having the dates changed. The Town of Pelham underwent revaluation a few years ago and deals with numerous problems every year.

The guests suggest that amending Westchester County’s Code to allow a local option to elect a January 1st valuation date will ensure that the data used will be more synchronous with the data used by the State.

There was a discussion.

2004 Joint State Legislative Package

The County Executive (CE) submitted his proposals for the 2004 Joint State Legislative Package (Package). The CE included over 30 items ranging from saving tax dollars to public safety issues. Karen Pasquale briefed the members item by item. There were brief discussions on each item.

The members agreed to review and prioritize items submitted for inclusion. They also agreed to send a package that would include items that they feel would have substantial support from the State delegation.

MINUTES

Legislator Pinto made a motion to approve the minutes of January 20, 2004 and it was seconded by Legislator Stewart-Cousins. The vote was 5-0.

On motion of Legislator Pinto, seconded by Legislator Stewart-Cousins the meeting was adjourned at 2:37 p.m.

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