Greenburgh Towns Not Accepting Tax Payments as Charitable Donations

WPCNR THE FEINER REPORT. By Greenburgh Town Supervisor Paul Feiner. August 30, 2018:

Earlier this year the NYS Legislature authorized local governments and school districts to accept charitable donations in lieu of tax payments so residents would be able to get a tax deduction.  The town will be collecting school taxes for the school districts (which are independent of the town) in September.

The new state law requires school districts that choose to opt into the law to pass a resolution in order for the town to accept charitable donations.

I sent a few letters to each of the school districts within the town. None of the school districts in Greenburgh will be accepting the donations for the September tax payments.

Last week the federal government took action steps to make it harder for residents to get the deductions.

I also contacted fellow Town Supervisors in Westchester. School districts throughout the county have also decided not to implement the charitable tax deduction option. Only two communities, to the best of my knowledge, have signed on so far: Scarsdale and Rye Brook.

RESPONSES FROM SCHOOL DISTRICTS WITHIN GREENBURGH…IRVINGTON, EDGEMONT, HASTINGS

GREENBURGH CENTRAL SCHOOLS:  consulted with counsel (Judd Siebert from Keane & Beane) and shared background information and his advice with the board. Board members requested that we discuss this issue at our 9/4/18 BOE work session. It is likely that we will wait until next year to decide whether we will implement this. However,  I will confirm this after 9/4.

HASTINGS SCHOOL DISTRICT

Per your request of August 14, our board president Doug Sundheim asked me to send you the statement that the Hastings-On-Hudson Union Free School District emailed its families regarding the school district’s position on accepting charitable donations instead of tax payments.

It is posted on our website at: https://www.hohschools.org/cms/lib/NY01913703/Centricity/Domain/4/8.7.18%20Charitable%20Donations%20In%20Lieu%20of%20Taxes.pdf

 

IRVINGTON

This is in response to your letter dated August 14, 2018 related to the acceptance of charitable donations instead of tax payments. The district consulted with our counsel and per his advice and after a discussion at our August 21, 2018 School Board meeting, the Board has decided to wait for the Internal Revenue Service (IRS) to provide final guidance before taking any action.

EDGEMONT SCHOOL DISTRICT

Following up on our conversations, the Edgemont School Board voted to continue to evaluate the potential for a charitable contribution in lieu of taxes option.  We are keenly aware of the potential importance of SALT deduction work-arounds.  Indeed, the  board members are a local taxpayers ourselves.  However, we do not yet have sufficient information to decide whether we can make this option available, and want to work with you to figure out the following:

1.  Potential Legal Exposure:  The opportunity to implement a new program arises in a very unsettled area of law that pits state/local authorities against federal authorities.  We need to determine whether proceeding with a program exposes the Town or school district to potential liability, now or in the future.

2.  Mechanics:  What is the process by which a charitable contribution program would be created and implemented?  What does the school need to do?  It is complicated to create a new program from scratch — and it is essential to do it correctly.

3.  Burden & Cost to the District:  Whether and how any charitable contribution program unduly burdens Edgemont administrators and/or imposes costs on the school district certainly will affect its appeal.

4.  Best Practices:  To the extent other communities have implemented programs, what are the things we can learn/copy?

Please let me know what next steps will be to advance the discussion.  As you and I discussed, I realize there is no way to answer these questions in time to get on track for a September roll-out.  But, perhaps, we can target December (in advance of the 2nd tax payment deadline).

 

HAVEN’T RECEIVED RESPONSES FROM THE OTHER SCHOOL DISTRICTS WITHIN THE TOWN BUT PRESUME THEY ARE ALSO NOT AUTHORIZING THE CHARITABLE DONATIONS.

 

 

PAUL FEINER

Article from associated press follows…

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Congresswoman Lowey Convenes Conference on College Necessity Thursday in Pleasantville. 11 AM

WPCNR  FUTURE FORECAST. From Congresswoman Nita Lowey’s Office. August 29, 2018:

Congresswoman Nita M. Lowey and Pace University President Marvin Krislov Convene Roundtable on College Affordability and Accessibility

 

As Washington debates the reauthorization of the Higher Education Act, local leaders explain what it means for students, parents and education institutions in our area 

The Promoting Real Opportunity, Success and Prosperity Through Education Reform (PROSPER) Act is the current legislation being considered in Congress to reauthorize the Higher Education Act. But what does it mean for current and future college students and their parents? The impact of the bill and what families in Westchester, Rockland, and the surrounding area need to know will be discussed. Some of the major changes in the PROSPER Act include:

  • Elimination of in-school interest subsidy for middle-and-low-income students
  • A new annual limit on loans for graduate students ($28,500 per year, aggregate limit of $150,000)
  • A new annual limit on parent loans
  • Elimination of loan forgiveness
  • More restrictive loan repayment options

WHO:             

Congresswoman Nita M. Lowey, 17th District New York

Marvin Krislov, President, Pace University

Dr. Belinda Miles, President, Westchester Community College

Financial Aid & Enrollment Administrators from:

Westchester Community College, Dominican College, Purchase College, Manhattanville College, Mercy College

College students affected by the legislation

WHAT:           

Discussion and analysis of legislation to reauthorize the Higher Education Act with key stakeholders.
WHEN:          

Thursday, August 30th

11:00 AM – 12:00 PM

WHERE:        

Pace University, 861 Bedford Road, Pleasantville, NY

Goldstein Academic Center, Room 100

Campus Entrance #3

Campus map

 

 

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Latimer Touts Liberty Lines 5 Year Deal. Saves County $20 Million

WPCNR COUNTY CLARION-LEDGER. From the Westchester County Department of Communications. August 26, 2018:

With dozens of transit workers cheering on, County Executive George Latimer and Liberty Lines announced a new five year partnership that includes $20M in savings to Westchester County taxpayers.

The deal, which runs through 2023, was reached with the County paying $13M less to Liberty Lines and an additional savings of $7M from insurance costs.

The deal also calls for the shifting of insurance providers from AIG to New York Municipal Insurance Reciprocal – a not-for-profit entity – all while still providing the same services that thousands of Westchester residents rely on.

Over the term of the contract, Westchester County and Liberty Lines also agree to work together and continue to evaluate the cost of fuel. Any further savings generated from these efforts will be in addition to those already quantified.

Latimer said: “The deal we are approving today will save Westchester County taxpayers $20M over a five year span. When my Administration took office on January 1, we had on the table the willingness to negotiate a new contract.

This negotiation back and forth between the County and the company – which both sides were able to agree upon – has a definite benefit.

We talk a lot about the deficit we are facing in Westchester County, and the government and taxpayers owe a debt of gratitude to Liberty Lines for their flexibility in being willing to help close that gap.”

 

 

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FLASH! Judge Lefkowitz Rules Against Gedney Association in GEDNEY vs. FASNY. & City of White Plains Association Can Appeal.

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The abandoned  former Ridgeway Country Club on Ridgeway Avenue White Plains NY USA–site of planned new French American School of New York. The school plans have cleared another legal obstacle pending possible appeal. Photo WPCNR archive.

WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR From the French American School of New York. (EDITED) August 26, 2018:

State Supreme Court Judge Joan Lefkowitz rejected two separate legal challenges to the White Plains Common Council’s grant of Special Permit and Site Plan approval  for a reduced School on 27 acres of the 129-acre former Ridgeway Country Club in a decision handed down Friday.

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Future entrance to the school: Hathaway Lane, adjacent to the  abandoned clubhouse. New school facilities will be built on former fairways extending into the distance. Photo from WPCNR archive

The August 24th Court decision comes after seven years of reviews by the City and  lawsuits by the Gedney Association.

Since acquiring the Ridgeway Country Club property in January of 2011, FASNY followed all environmental reviews and made multiple revisions of its plan in order to address community concerns, including substantially reducing the scope of the project and adopting a comprehensive traffic management plan.

Based upon a prior successful legal challenge by FASNY, the City and FASNY entered into a Stipulation of Settlement in 2016, in which FASNY filed a reduced Upper School only plan for no more than 640 students that limited all construction to one parcel of the former Ridgeway site.

After a year of further review, in November 2017, the City Council approved FASNY’s revised application, and the Gedney Association and various of its supporters brought two separate legal challenges against the City Council and FASNY.

In a 26-page opinion, Judge Lefkowitz rejected the plaintiffs’ initial argument that the former Ridgeway Country Club could not be used for an educational institution because of a Covenant filed in 1925, prohibiting the use of the property for “any institution, other than a club.”

The Court held that while the 1925 Covenant “unequivocally prohibits many uses […] it contains no like prohibition of any use related to education.”

The Court rejected arguments that the 1925 Covenant’s prohibition of “noxious” uses applied to a school, noting that under New York law, in fact, “such uses are presumed to have a beneficial effect on the community in which they are located,” and that the “law has long favored free and unencumbered use of real property. ”

The Court also summarily rejected various arguments made challenging the Council’s review, finding that “[t]he Record establishes that the Common Council did take the requisite hard look at all of the potential impacts” related to the school.

The Court specifically rejected the Gedney Association’s and its supporters’ contention that the Council failed to consider traffic issues raised by the challengers’ consultant, noting that, under the controlling law, the reviewing agency “has discretion to choose between conflicting experts,” and that various of the plaintiffs’ claims were no more than “rank speculation based on hypothetical circumstances.”

“We are gratified that the Court appreciated the tremendous efforts that both we and the City of White Plains went through to make sure that our project is good for FASNY and for the community as a whole,” said Emmanuèle Vinciguerra, Chair of the FASNY Board of Trustees.

She went on to say, “FASNY would like to extend special thanks to all the members of the White Plains community who have supported us throughout these years, as well as, again, extend an open hand to those residents who had concerns about the project.”

Vinciguerra noted that “FASNY had already recorded a 51-acre publicly accessible conservancy on its property, and looks forward to sharing this incredible open space with its neighbors and other members of the White Plains community.”

FASNY’s counsel, Michael Zarin of Zarin and Steinmetz, added:  “Judge Lefkowitz’s decision confirms that the Courts will sustain environmental reviews that are the product of a careful and comprehensive review of the issues.  FASNY has demonstrated great commitment to its constituents and to the larger community, and we are very proud to have been part of this long journey.”