Tags Posts tagged with "Assessment"

Assessment

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Deputy Superintendent Sean Leister. Photo by Kyle Barr

While the Port Jefferson School District is preparing its budget for the 2019-20 school year, the shadow of LIPA still hangs over the small school district.

Superintendent Paul Casciano said the LIPA outcome, at least in terms of drafting next year’s budget, was not as bad as it could have been. 

“It was translated by the town to be on the assessment rather than our payments,” he said. “With the glide path it gets more challenging later on, but we have time to make adjustments.”

“With the glide path it gets more challenging later on, but we have time to make adjustments.”

— Paul Casciano

In December 2018, the Town of Brookhaven settled with LIPA over the tax assessment of the Port Jefferson power station whose white and red smokestacks can be seen almost anywhere near the harbor. LIPA filed a lawsuit almost a decade ago against both Brookhaven and the Town of Huntington saying its plants in Port Jeff and Northport have been overassessed by millions of dollars and were seeking a 50 percent reduction. The settlement decision agreed to lower LIPA’s assessments by 50 percent over a nine-year period from $32.6 million to $16.8 million starting with the 2017-18 tax year.

Even after the settlement, district officials said the Port Jefferson School District would have the second lowest school tax rates compared to others in Brookhaven Town, only being beaten by Riverhead. The district, going into the ninth year of the settlement, would have a tax rate approximately 100 less than the average of non-Port Jefferson school rates, according to the district.

The school district, along with several village residents, feared what a 50 percent reduction could do to school taxes. Casciano, along with Deputy Superintendent Sean Leister, hosted a special meeting for district residents where they estimated a tax rate of 159 in the 2019-20 school year, and an estimated 243 by the 2026-27 school year.

If local revenues remain flat and with their expected tax levy cap sitting at 1.18 percent, the district expects their current $43.9 million budget will adjust to a $44.1 million rollover budget next school year, an increase of $232,930 if the district maintains all current programming and staff. The current school tax levy — the money a school makes in local area taxes — of $36,434,479 would jump to $37,075,627, more than the schools expected 1.2 percent tax cap.

Leister said this would mean reductions, but the district is currently in the process of creating the upcoming school year’s draft budget.

“We haven’t identified those reductions yet,” Leister said. “We are going to take the next few weeks to see if it can be done through efficiencies: We have to identify what our enrollment looks like, what our student interest looks like and what our scheduling looks like.”

Casciano said this difference is minimal, and it can be made up on the school’s end by tighter budgeting.

“If the community stays in support of the district, it won’t be as dramatic,” the superintendent said. “If the school has to absorb the entire cost of the tax loss, it will be.”

“A cynic would look at it and say you’re just trying to dampen any resistance in the short term and pushing it back.”

— Todd Pittinsky

Before news of the settlement, residents had proposed that the district combine with other area districts, but Leister said that combining with a district like Comsewogue or Mount Sinai would overall increase tax rates. Port Jefferson’s estimated tax rate in the 2019-20 school year is 159 compared to Comsewogue’s 262, assuming an annual levy increase of 2 percent, or under the New York State tax cap.

While the difference is minimal for this school year, the district said the glide path of LIPA’s assessment reduction ramps up over time. While the 2020-21 and 2021-22 school years see a 3.5 percent reduction, later years show reductions going up to 7.5 and 8.25 percent.

Todd Pittinsky, a Port Jeff resident and professor in the Department of Technology and Society at Stony Brook University, said it would behoove the district to think long term when it comes to the reductions over time, and not make those cuts more drastic when the reductions start to increase dramatically.

“A cynic would look at it and say you’re just trying to dampen any resistance in the short term and pushing it back,” Pittinsky said. “I would hope that the effort is one-eighth each year. The formula you are using is going to push back the pain of dislocation or relocation, and it would be very easy to think that other decision makers will be in this role.”

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Extreme low temperatures caused enough demand to require use of the Port Jefferson Power Station. File photo by Erika Karp

Port Jefferson Village moved another chess piece in its match against the Long Island Power Authority last week, filing a lawsuit to dispute the utility’s property tax challenges from the last few years, which are still pending in court.

Village Attorney Brian Egan said at the board of trustees meeting Tuesday night that the village filed the lawsuit last Friday contending LIPA had promised not to challenge its property tax assessment at the Port Jefferson power plant unless the assessment was disproportionately increased.

That perceived promise links back to a 1997 letter from former LIPA chairman Richard Kessel, upon inking a power supply agreement between LIPA and the Long Island Lighting Company, as the former was taking over for the latter. That agreement covered power plants now owned and operated by energy company National Grid, which includes those in Port Jefferson and Northport.

Back then LIPA and local municipalities were embroiled in other tax assessment challenges. Kessel’s letter said the utility would drop those challenges and would not “initiate any further tax certiorari cases on any of their respective properties at any time in the future unless a municipality abusively increases its assessment rate.”

Port Jefferson has actually gone in the opposite direction on the neighborhood power plant’s assessment, officials confirmed Tuesday — LIPA’s assessment was only proportionately increased over time, and since it began challenging its assessment in 2010, it has in fact seen a decrease. Officials called that 10 percent decrease an act of good faith as they negotiated with the utility on the matter.

At the heart of the issue is a disagreement over the worth of the local power plant: LIPA contends it is grossly overassessed, forcing the utility to pay more in property taxes than it should.

The power plant is a large source of tax revenue for the area, particularly the Port Jefferson school district and the village. Smaller stakeholders include the Port Jefferson fire and library districts and the Town of Brookhaven.

As LIPA’s property tax challenges trickle through the court system, Port Jefferson’s latest lawsuit piggybacks on an idea from out west — Huntington Town and the Northport-East Northport school district filed a similar suit a couple of years ago in their battle on the Northport power plant, which mirrors the situation in Port Jefferson. That inceptive lawsuit, challenging LIPA’s ability to challenge its property tax assessment, faced a motion to dismiss that New York State’s highest court recently denied — allowing the case to play out. Seeing the ruling in favor of Huntington and Northport, Port Jefferson followed suit.

“I feel very strong,” Egan said about the case.

According to the village attorney, he will ask that court action on LIPA’s tax challenges be delayed until the new lawsuit is resolved.

The Port Jefferson and Huntington area lawsuits may also be joined, and it is possible more plaintiffs, such as Brookhaven Town and the Port Jefferson school district, could jump in.

At the time the courts denied LIPA’s motion to dismiss Huntington Town and the Northport school district’s lawsuit, a LIPA spokesperson said the utility does not comment on ongoing litigation.

If the municipalities win their lawsuits regarding LIPA’s right to challenge its property tax assessments, those pending challenges would be thrown out.