Community Watchdog

A reader who saw that the Town of Islip town board recently passed restrictions on when garbage cans and how long they can stay at the curb, wrote this comment:

"No one listens to the Town of Hempstead codes...no full trash cans at the curb before 7pm the day before...cans must be removed no more than 3 hrs after being collected."

it's about enforcement. The towns can have all the codes they want, but if their not enforced, what good are they? Of course, it's a double-edged sword. We all want enforcement because they're directly related to our quality of life. But it's the same with traffic laws - there are so many drivers who violate them because there isn't enough personnel to enforce them.

Long Island has changed over the years and so have the people. There was a time when people were considerate of their neighbors, when they didn't throw garbage from their car windows, when they didn't run stop signs and red lights. It seems that many "newcomers" have changed the rules.

Better enforcement might help. But adding more personnel on the state, county or town level to make a real difference almost always means higher taxes.

Denise Scollo and other Town of Islip residents would like her neighbors to take in their garbage cans instead of leaving them at the curb.
Newsday photo by Michael R. Ebert

Why doesn’t the Town of Islip have any regulations that prevent residents from leaving their garbage pails at the curb everyday? It’s an eyesore. It seems other towns have time restrictions. Hypothetically, residents can leave trash at the curb all the time under the town’s current system.
-- Denise Scollo, Bayport

Other Islip residents have contacted us about this same issue.

Islip town code doesn’t have time restrictions for removing empty garbage cans left at the curb, but trash-filled pails can’t be left there “for days on end” under the town’sDepartment of Environmental Control guidelines.

Officials said if filled cans are left curbside for days and neighbors complain, the town’s DEC investigates the matter and follows up on a random basis to ensure the trash isn’t left at the curb indefinitely.

In 2007, a total of 10 litter-related fines were issued to homeowners.

“The town finds this to be the most effective solution,” said Chris Andrade, commissioner of Islip’s Department of Environmental Control. “At this time, the Town Board believes that amending the town code to place time restrictions on the curbside placement of garbage cans is an inefficient modification.”

By comparison, a number of local towns - including Babylon and Huntington - place time restrictions on the curbside placement of garbage pails. The Town of Babylon, for example, prohibits placing full cans at the curb before 1:00 p.m. the day before collection, while Huntington prohibits curbside placement before 6:00 p.m.

Islip residents with concerns or complaints about garbage cans in their neighborhood can call 631-224-5640. Calls can be anonymous.

Michael R. Ebert

UPDATE: In our June 15 column, we reported the Town of Islip had no time restrictions on placing garbage cans at the curb. However, town spokeswoman Catherine Green said that based on our inquiry on behalf of some homeowners, the town board adopted a resolution June 10 that states cans must be placed at curbs no earlier than 4 p.m. the day before collection and removed no later than noon the next day. Penalties start at $50.
Michael R. Ebert

Babylon Town Assessor Michael J. Bernard holds an information booklet from the state's Office of Real Property Services designed to help homeowners with assessment challenges.
Newsday photo by Gwen Young

Suffolk residents who feel their property taxes are too high because their homes have been assessed at a higher value than what they're actually worth, especially in this soft housing market, have until May 20 to challenge their assessments.

In Nassau, homeowners had until March to grieve their assessments with the county's Board of Assessment Review. In Suffolk, each of the 10 towns has its own Board of Assessment Review that approves or denies the applications. The applications are the same for everyone statewide.

There's nothing to lose by filing an application, said Michael J. Bernard, Babylon Town Assessor and president of the Suffolk County Assessors Association. "Either the assessment stays the way it is or it gets lowered," he said. "It can't be raised as a result" of the homeowner's request. [Bernard explains the application in the video.]

Success is most often determined by whether homeowners can show the board that their assessment is wrong and that their house isn't worth what the assessor says it's worth. "The law requires the property owner to prove that the market value of their home is less than what the market value is as determined by the assessor," Bernard said.

Proving that entails finding comparable homes in your area through town assessor record or real estate records. Those homes can be either ones that have been sold around July 1, 2007 (the date the boards will be using to compare market values) or comparable homes in your area that have lower assessments. Comparable means they're about the same size, are on the same size lot, have the same number of bathrooms and bedrooms, and so forth. Most town assessors have employees who will try to help homeowners find the records they need, but be sure to do your homework and supply the exact addresses of the homes you're comparing.

There are various reasons assessments are lowered. For instance, if the assessor's "inventory" of rooms and taxable amenities of your home are incorrect, that can help your case. If town records show you have two bathrooms but you have only one or a deck and there is none that could mean a lower assessment.

But Bernard warns that property owners should be prepared for a town inspection to confirm their claims. "If they don't want us in their house, they shouldn't file a grievance," he said. And if your home is assessed for $500,000, but you recently purchased it for $400,000, Bernard calls that a "no brainer" in your favor.

In describing your home (page one, question 5) be sure to include any negatives about the property - excessive traffic, abuts industrial property - anything that might take away from the value of your home.

Bernard expects about 5,000 of the town's 60,000 homeowners to file assessment challenges this year. In Suffolk's largest town, Brookhaven Town Assessor Jim Ryan is expecting 25,000 to 27,000 requests for assessment changes, up from an average of 20,000 challenges a year because of the housing market.

The town has about 110,000 residential properties on the tax roll. "I anticipate that many more people than in the past will file, and there's no downside to it, so why not?" Ryan said.

Homeowners don't need an attorney or professional company to represent them and if they're not satisfied with the decision on their case, they can take it to the small claims assessment review where a judicial hearing officer makes the ultimate decision, Ryan said.

Probably the most important question is No. 7 on page one of the four-page application, he said. The question reads: "Property owner's estimate of current full market value of property." Even though the form says "current market value," both Ryan and Bernard said the review boards will be looking for the market value of the home as of July 1, 2007.

That means, whether you're comparing your homes to others that have sold in the area or homes that are comparable but are assessed for less, that date has to be the basis of your comparison. For instance, you wouldn't use a house sold in January as evidence in your application.

Ryan's office will have extended hours Friday, May 9 from 9 a.m. to 8:30 p.m. and Saturday May 17, from 7-11 a.m. to help Brookhaven town residents with information. Call your town assessor's office for hours of operation. If you plan to challenge your assessment in person instead of by mail, call to find out the hours the Board of Assessment Review will meet on May 20.

Applications must be postmarked by May 20. Click the links on the left for information about your town assessor.

Thomas Joseph Jr. and other residents of East Farmingdale say their one community park has been in need of renovations for years.
Newsday photo by Gwen Young

Sometimes blog comments can be annoying because people vent about things that have nothing to do with the issue that’s discussed.

That’s not the case with opinions voiced about the item posted here Thursday and published in yesterday’s Newsday concerning Michel (pronounced Michael) Park in East Farmingdale. (See comments below on the item with Thomas Joseph Jr., president of the local civic association.)

Obviously, East Farmingdale residents feel this park has been long-neglected and are frustrated because it’s taken years for the one park in their community to be refurbished.

In the hundreds of e-mails, calls and snail-mail we’ve gotten about problems, the question that comes up most often is “Why is the neighboring community taken care of, while ours is neglected?” It’s the same question, whether readers are writing about sidewalk, road and curb repairs, litter cleanup, lighting problems and other quality of life issues. Most people seem to think the disparities in services have to do with who you know. If there’s a town official living in the community, that’s the place that will receive attention.

I’d like to think that’s not true, but I have no explanation to explain the differences

For people in East Farmingdale, who obviously care about their hometown and it’s little park, I hope the Town of Babylon will move quickly to give residents what they’ve been promised.

We’ll post pictures here when the renovations are finished.

Civic association president Thomas Joseph Jr. says East Farmingdale residents are frustrated about how long it's taken to get their community park completed.
Newsday photo by Gwen Young

We have just one small park in East Farmingdale, Michel Park. We have been promised upgrades for the park in writing by many Town of Babylon officials but they have not been done. We were promised a new walkway would be finished by the end of last year. The old one was ripped up in November and nothing has been done since. The playing field filled with rocks because lawn plugs the town planted never took hold and children have gotten hurt falling on the rock-filled grounds. No Little League will play there because of the conditions. A town official says there is a plan for the park, but apparently it’s a secret. We thought having a small park, we would see better results, but alas it is forgotten.
--Thomas H. Joseph Jr., president, Residents of East Farmingdale Civic Association

Based on Thomas Joseph’s exhaustive study comparing amenities at all of the town’s parks including pictures to illustrate the differences, we understand why residents are unhappy with the work-in-progress look at Michel Park.

To be fair, some of delays were caused by vandalism and the town’s efforts to repair the damages. And there have been improvements to the park, including a newly-paved parking lot, new playground equipment with safety flooring to avoid injuries and a new irrigation system.

By the end of the summer, there should be more improvements including the long-awaited stamped-asphalt walkway that will ring the perimeter of the park, town spokeswoman Vanessa Baird-Streeter said.

Park officials believe that vandals running vehicles on the field right caused the uneven grass plug problem. That prompted the installation of guardrails to keep them out. Once the walking trail is completed, the grass plantings will be addressed, she said. The bathrooms should be working by the time the park opens within a month.

Anyone who sees vandals in the park should call 911. If police can’t respond quickly, Baird-Streeter said, the town’s public safety officers should be called at 631 422-7600.

I'll have an item in the Community Watchdog column soon about the deadline in Suffolk County for filing a tax assessment grievance. You can file a grievance from May 1 until the May 20 deadline. No filings are accepted after that date.

Michael J. Bernard, the Town of Babylon Assessor and President of the Suffolk County Assessors Association, will do a video walk-through of the four-page form that's used statewide (except for NYC, Nassau County and an upstate county), which will be posted on this blog in the future.

You can save yourself the trouble of filling out the forms by taking documentation showing your home is over-assessed to your Town Assessor before the May 1 tax rolls are set. After they're set, the assessor can't change anything - changes have to be approved by the Assessment Review Boards in each of the 10 Suffolk towns.

Check out this Web site if you think your assessment is too high.

Q.I am a Korean War veteran. Four years ago I applied for the enhanced STAR tax exemption and one year later, the aged tax exemption. The application was approved and in 2003, 2004 and 2005 I received the exemptions. Last year, I was denied them because I had "insufficient proof of income.” I submitted my proof of income again and now in a letter dated July 12, 2006, my request was denied. Without the exemption, my taxes are over $11,000, forcing me to put my property up for sale.

Louis Molinaro, Copiague

A.
Molinaro will not be getting the property tax exemption because the town assessor's office believes he is withholding income information. Rules are rules and town officials don't bend them when there are state guidelines to follow.

The 76-year-old's application for senior exemption to reduce his school, town and county taxes was denied because the town believed he was not reporting possible rental income, Town of Babylon Assessor Michael J. Bernard said.

Molinaro stated he receives only Social Security and veterans benefits but town records showed his property includes a house, a commercial building and an apartment. Molinaro's income statements "didn't show enough income to be able to live on, so there had to be another source of income,” such as money from rentals, Bernard said.

To qualify for senior exemption, the annual income limit is $22,000 for 50 percent savings. The town assessor told Molinaro he would have to prove he was not renting his property by allowing a building inspection. Molinaro refused.

"There's no money that I'm not showing,” Molinaro said. "I don't have it. If he thinks I do, let him show me.” The senior exemption had saved him $3,500 a year in taxes.

Bernard wouldn't talk specifically about Molinaro's income, but when numbers don't add up, officials have to question their accuracy, he said. As an example, he said, "If you have somebody who's claiming an income of $8,000 a year, and they have a property tax bill of $7,000 a year, how are they living? They have to be drawing money from an additional source.”

Molinaro can apply for the enhanced STAR exemption, which would give him $700-$800 more in property tax savings, along with his basic STAR and veterans exemptions, Bernard said. Enhanced STAR exemption is for seniors whose federally adjusted gross income is $70,650 or less.

Molinaro said he will apply for that exemption next year before the March 1 deadline.

The deadline for filing for the basic STAR rebate is Dec. 31. Homeowners who have not applied can visit www.tax.state.ny.us/star/2007/ or call 1-877-678-2769. The deadline for filing for exemptions is Jan. 2 in Nassau County and March 1 in Suffolk.

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