TYPICAL TAXPAYER SEES A $300 TO $600 SCHOOL TAX HIKE DUE TO STAR REDUCTIONS

WPCNR THE FEINER REPORT. By Town of Greenburgh Supervisor, Paul Feiner. September 2, 2009: Most homeowners received their school tax bills in the mail on September 1. Most people probably are not very happy. Many have seen their school tax bills increase by $300 to over $600 a year. The town is not responsible for school taxes. The school districts are independent of the town. We are a tax collector for the schools and guarantee the school districts 100% of the taxes –whether you pay them or not. (If you don’t pay the taxes the town is eventually able to take ownership of your property, however).

 


This tax hike, in my opinion, highlights the need for all governments (including the town of Greenburgh) to cut costs and to seriously look at consolidation. The town recently formed a commission to review the possibility of consolidating the three paid fire districts.

In fairness to the school districts — most school districts in Greenburgh had small tax hikes this year. The reason why the school taxes went up so much is because the NY State Legislature (thanks to the bad economy) reduced STAR and ENHANCED STAR benefits.

In the late 1990s the State started the STAR program–school tax relief program.The STAR program was designed to reduce residential school taxes. The legislature recognized the fact that the size of a homeowner’s school tax has grown by multiples over the years and is, in fact, one of the homeowner’s largest expenses, second only to mortgage interest. In order to provide some relief to New York State’s homeowners, the STAR program was enacted. There are two STAR programs in effect – one for seniors over the age of 65 who are on fixed incomes and those who are under the age of 65.


The town has compiled a comparison of the impact, by community, of the STAR reductions. If you would like a copy please e mail me at [email protected]


 

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Comptroller: Westchester, Hudson Valley, NYC 10% OFF in Sales Tax 1st 7 Months

WPCNR ALBANY ROUNDS. From the Office of the New York State Comptroller. (EDITED)with Reporting by WPCNR September 2, 2009: Local sales tax revenues across New York State, including New York City, were down 8.9 percent, or $640 million, for the first seven months of 2009 compared with same period last year, according to an analysis released Tuesday by State Comptroller Thomas P. DiNapoli.


This report backs up WPCNR’s analysis of August 18 based on figures from the Department of Taxation and Finance  that White Plains retail sales continued their decline, down 12.5% year to year in the first month of the city fiscal year in July, the second straight month sales tax had declined from the previous year. This latest number continues the trend first reported by WPCNR six months ago indicating White Plains retail was running 12% behind 2007-2008 collections, and Westchester County is down 13% in sales tax through seven months.


“It’s not surprising that local sales tax revenues are down so significantly,” DiNapoli said. “Back-to-school shopping makes September a very important month for sales tax revenues. Local governments need to take a hard look at the September data. Just like the state, if local governments are not on track to meet their budgeted revenues for the year, they need to make adjustments in their spending now without placing a greater burden on local taxpayers.”


 


While every region of the state experienced declining local sales tax revenues, Long Island and the Lower Hudson Valley declined the most at 10.1 percent each. New York City saw a decline in sales tax revenues of 10 percent, or $285 million. The Mohawk Valley saw the least decline at 3.2 percent during the first seven months of 2009.



Counties experienced a 7.6-percent decline from January to July of this year over the same seven months last year. If this trend continues for the remainder of the year, counties may see their first annual decline in sales tax revenues in 18 years. Back-to-school shopping makes September the most important sales tax collection period outside of the holiday shopping season, making it a key month for local governments to watch.


Six counties had sales tax revenues decline by double digits: Putnam, Delaware, Westchester, Monroe, Suffolk and Saratoga. The only counties to experience sales tax revenue growth were Seneca, Schuyler, Tioga and Genesee. These increases were mostly due to payment timing issues, although about one-third of Seneca County’s 13.1-percent growth was due to new retail development.


Click here to view DiNapoli’s analysis.


Click here to download audio from Comptroller DiNapoli on this topic.


Here is partially what WPCNR reported on White Plains and Westchester County trends two weeks ago:


If sales tax does not recover significantly (and holds at the present level),  to make up that shortfall, the city would have to enact an 18% property tax increase.


 


The County of Westchester sales tax receipts are down 12.9% over the first six months of the county 2009 fiscal year.





Common Council President Benjamin Boykin told WPCNR in July, when the final quarter of 2008-09 fiscal year failed to meet projections of the City Finance Commissioner by $1 Million , that he is going to call for a budget review in September.


 


Westchester County sales tax collections in the first six months of 2009 have declined  too. The county “handle” on sales tax receipts is down 13%. The county collected $33.8 Million less in fiscal 2009 at the halfway point than the county did in 2008, according to statistics from the New York State Department of Taxation and Finance Office of Tax Policy Analysis.


 


The pace of retail sales projected by White Plains Week and WPCNR in the spring of this year continues to indicate key sales tax collection in the city are consistently 12 to 13% off.


 


On the county level the county as of midway is running $3.8 Million behind in sales tax receipts, 12.5% below the collection pace of last year after half of the 2009 fiscal year. If the retail trend continues, the county would face a $3.8 Million deficit in sales tax receipts for the year.  The county budgeted to collect $478,235,000 in sales tax for the year.


 


In the first six months of 2008, Westchester County collected $271,096,156.95  in sales tax. In the first six months of 2009, they collected only $237,221,726.61, a decline in receipts of 12.5%.


 


This combined with obvious deficits in mortgage and hotel tax collections is not a positive trend.


 


In White Plains if the 12.9% fall-off in retail sales  tax collections continues it means the city faces a $6 Million budget shortfall. It already has a $1 Million deficit left over from 2008-09. The city budget calls for collecting  $47,250,000 in sales tax in 2009-2010. If the 12.9% decline continues, the city will only raise $41 Million in sales tax.


 


However, August is the second most lucrative retail sales month of the year next to the holiday season in the second quarter, so there is hope this is just a sluggish start. To correct the nearly 13% decline in July, the city would need to generate a half million dollars more in August sales tax receipts to get back on track with their hoped-for  sales tax pace. In August, 2008, the city collected $3.9 Million in sales tax (however that was inflated by the additional ¼% sales tax added last year. The cumulative effect of a soft retail market is not easily erased.


DEPARTMENT OF TAXATION & FINANCE


OFFICE OF TAX POLICY ANALYSIS


SALES TAX MONTHLY CASH/COLLECTIONS REPORT


MONTH OF JULY 2009


                                  CASH JULY 09          CASH JULY 08    CUMULATIVE          CUMULATIVE


                                                                                                               CASH  09                 CASH   08


 White Plains City       $3,431,350.08           $3,938,113.71          $25,379,226.67      $26,641,410.77


Westchester Cty         $31,249,530.49         $35,646,779.50        $237,221,726.61   $271,096,156.95


 


 



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Hockley Sues BOE. Says Wrong Law Used Denying Him Ballot Opposing Bradley

WPCNR CAMPAIGN 2009. By John F. Bailey. September 1, 2009: Glen Hockley filed an Article 78  with an Order to Show Cause action in New York Supreme Court in White Plains Monday, and served the Board of Elections with a Show Cause order Tuesday afternoon at 4:15 P.M., asking the court to overrule the Westchester County Board of Elections decision Friday invalidating Mr. Hockley’s nomination petitions for Mayor because he failed to file a Certificate of Acceptance.


 



Councilman Glen Hockley. July 2009.


 


Hockley claims the election law itself says he, as an independent candidate for Mayor, is not required to file a Certificate of Acceptance.


 


 


Hockley  also filed a request for Judicial Intervention “which creates an expedited situation. The longer the judicial system drags its feet the more time the Board of Election has to claim they’ve printed the ballots. In our Article 78, he (the judge) has to have a hearing before any ballots can be printed, Mr. Hockley told WPCNR.


 


Hockley told WPCNR the basis for his suit is that the Board of Elections cited the wrong law in making its decision  to deny him a slot on the general election ballot opposing Adam Bradley. The Board of Elections cited NYS Election Law 6-158 (7) which requires “A Certificate of acceptance of a party nomination for an office to be filled at the time of the general election shall be filed not later than the third day after the last day to file the petition.”


 


Hockley’s suit contends that since he is running as an independent candidate, that statute does not apply to his candidacy, because the law applying to independent candidates is NYS Election Law 6-158-9 (viewable on the New York State Board of Elections website), which reads, to wit:


 


 


9. A petition for an independent nomination for an office to be filled


at the time of a general election shall be filed not earlier than twelve weeks and


not later than eleven weeks preceding such election. A petition for an


independent nomination for an office to be filled at a special election shall be


filed not later than twelve days following the issuance of a proclamation of


such election. A petition for trustee of the Long Island Power Authority shall


be filed not earlier than seven weeks and not later than six weeks preceding the


day of the election of such trustees.


 


Hockley drew WPCNR’s attention to the obvious omission of the requirement of a Certificate of Acceptance in the law applying to “independent nominations” like his.


 


Hockley’s suit also asks for Judge Francis Nicolai recuse himself  from being the judge on the case due to the fact that Nicolai had presided in the original Hockley-Delgado jammed election machine case in 2001.


 


For those not familiar with that jammed voting machinecase, Judge Nicolai ruled in favor of Mr. Delgado in that case which lead to Adam Bradley representing Mr. Hockley in a case that went up to the New York State Court of Appeals which found in favor of Mr. Hockley, resulting in his being sworn in on the Common Council in March 2002. Hockley was subsequently removed from the council by a follow-up quo warranto  Action by the New York State then Attorney General Eliot Spitzer, resulting in Delgado being returned to the Common Council in 2003. Mr. Hockley was nominated by the Democratic Party to run against Delgado in 2005 and won, and has served on the council since 2006.


 


Hockley in his suit yesterday also asked for an expedited hearing on the matter, and asked that the Board of Elections be prohibited from printing the November ballot until it is adjudicated.


 


“This is about the one-party system and what it’s done to Westchester, and how they are trying to take over White Plains.  Judge Nicolai he’sobviously endorsed by the Democratic Party. We’re asking for a change to an impartial judge. Whether that’s been done or in the course of being done that’s being approached. It’s going to happen. We’re going to ask for a change to an impartial judge to hear what is, I think,  my right as a citizen to be on the ballot and have the correct law cited in from of a fair and honest forum.”


 


“I am sure at the end of the day that the people of White Plains will have a choice between what has become a one party corrupt government and denying the people of White Plains a choice. I will not stand for this and I will fight to the end until our residents have a choice. I can guarantee one thing that the White Plains voter will have a choice, whether you vote for me or you don’t vote for me, but they will have a choice.”


 


The action has a similarity to the grounds on which the New York State Court of Appeals upheld Mr.Hockley’s action that lead to his being seated on the council. The basis for Hockley’s then attorney, Adam Bradley, arguing Judge Nicolai’s ruling for a special election run-off was that that the courts do not have the right to call for or decide outcomes of elections in New York State.


 


In light of the law for Independent candidates on the books, no mention of the need to file a Certificate of Acceptance by the election law itself is strikingly similar.


 


Hockley said, “They (the Board of Elections) cited the wrong law. If you look at their law, dash 7, it’s supposed to be dash 9 referring to an Independent candidate. Dash 7 refers to someone who’s nominated by a political party. Law Number 9 refers to an independent, one who does not have to sign a Certificate of Acceptance.


     “This a clever ploy by my opponent and the Board of Elections. And, I kid you not. They talk to each other. Mr. LaFayette (Reginald) doesn’t belong in that position. There’s a conflict of interest that’s quite clear . He is the Chairman of the County Democrats and the Commissioner of the Board of Elections. You can’t concern yourself about fairness and advocating for a party, the people in position whom they (the Democrats) are nominating with any fairness at all. I guarantee the public I will be on the ballot.”


 


Mr. Hockley’s petitions were filed by the attorney Nelson Canter,  and the Article 78 filed by attorney Meghan Cowden. 

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Patrick Dunne Case Continues. Trial Date To Be Determined Sept.10

 


WPCNR WHITE PLAINS LAW JOURNAL. By John Bailey. September 1, 2009: Patrick Dunne, former pastor of  Our Lady of Sorrows in White Plains, appeared in New York Supreme Court this morning before Judge Barbara Zambelli at a proceeding to determine his readiness for trial on a charge of Grand Larceny in the Second Degree, a Class “C”Felony for allegedly stealing over $432,000 from “various parish accounts” from 2002 through 2007.


 


Dunne, dressed in blue blazer, vanilla golf shirt, khaki trousers and topsider loafers appeared in court with his attorney Richard Ferrante, was asked for his home telephone number by the judge, and after giving it, the Judge advised him that if he did not appear September 10, a warrant would be issued for his arrest. At the September 10 proceeding, a judge would be assigned for the upcoming trial  and  a date for the trial to start would be assigned.


 


A spokesman for the District Attorney told WPCNR, said he expected the trial date would occur sometime in the fall.

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