Peter J. Abbate, Jr. Assemblyman 49th District

THE ASSEMBLY STATE OF NEW YORK ALBANY

CHAIRMAN Committee on Cities CHAIRMAN Subcommittee of Safety in the Work Place COMMITTEES Aging Banks Consumer Affairs & Protection Governmental Employees Labor

December 15, 1998 

The Honorable Speaker Sheldon Silver, Speaker
New York State Assembly
State Capitol, Room 349
Albany, New York 12248

Dear Speaker Silver:

It is my pleasure to present you with the 1998 Annual Report for the Assembly Standing Committee on Cities. This report describes the legislative action and major issues considered by the Committee, and sets forth our goals for continued legislative support and assistance to cities throughout the State.

The Assembly Committee on Cities initiates and reviews legislation affecting New York State's cities. New York State's cities face serious challenges in maintaining their economy and more importantly, human vitality. The Committee is dedicated to formulating legislative solutions to improve the fiscal condition and quality of life of all the State's 62 cities. From our State's smallest city with 3,000 residents to our largest with over 7 million, from the rural to the urban, the diversity of these cities challenges the committee with a wide range of issues.

I am pleased that once again the Committee was instrumental in providing additional municipal aid to both small and large cities enabling them to deliver essential municipal services. The Committee was also responsible for implementing the requests of cities with specific needs in reporting a large number of home rule bills that became law.

The Committee members and I are appreciative of the strong commitment that you have made to assist our cities in providing necessary services for the people of the State. I look forward to your continued leadership and support, which have been crucial to this Committee's legislative successes.

Sincerely,

Peter J. Abbate, Jr.
Chairman

1998 ANNUAL REPORT

NEW YORK STATE ASSEMBLY

STANDING COMMITTEE ON CITIES

Peter J. Abbate, Jr., Chairman

Committee Members

Charles Stagnitta, Legislative Associate
Rudy Stegemoeller, Legislative Coordinator
Christina Philo, Committee Assistant
Barbara O'Neill, Committee Clerk
Julia Mallalieu, Counsel
Jackie Canabush, Program and Counsel Secretary

TABLE OF CONTENTS

I. INTRODUCTION

The Standing Committee on Cities is primarily responsible for the initiation and review of legislation affecting the State's 62 cities. The Committee's role in initiating and reporting legislation is primarily influenced by the Home Rule powers provided to cities under the provisions of Article IX of the New York State Constitution. Article IX describes and defines the powers, duties and limitations of local governments and the State Legislature in the enactment of laws affecting local governments. These "Home Rule" powers limit the Legislature's action to (a) general law, which applies uniformly to all local governments of equal size; (b) special law, on request by two-thirds of the membership of the local legislative body, or on request of its chief executive officer and concurred by a majority of the membership of the local government, i.e., a "Home Rule Message"; and (c) with two thirds of both houses concurring, action on a certificate of necessity from the Governor, which states that an emergency situation requires enactment of such law.

Bills referred to the Committee on Cities are those which would amend any city charter, the Administrative Code of the City of New York, General City Law, Second Class City Law or the General Municipal Law. Bills that relate to cities and would amend general bodies of law such as the Public Heath, Housing, Energy, Transportation, Education, Parkland, or Economic Development Laws may also be referred to the Cities Committee if they have specific or local applicability.

Bills referred to this Committee represent the interests and needs of many city departments and agencies, constituent, municipal unions and city-related interest groups such as the Conference of Mayors. Under the leadership of Assemblyman Peter J. Abbate Jr., the Committee monitors the problems of cities and works closely with state and local representatives to develop solutions.

II. MAJOR ISSUES

A. BOND SALES: PROVIDING FLEXIBILITY FOR LOCAL GOVERNMENTS

Sale Of Bonds By City Of Buffalo: (A.9136 Schimminger; Chapter 111 of the Laws of 1998)

This chapter extends the expiration date from June 30, 1998 to June 30, 1999 to allow the City of Buffalo to continue to issue serial bonds or notes at private sale, subject to the approval of the State Comptroller.

Sale of Bonds By The City of Niagara Falls: (A.10751 Rules (Pillittere); Chapter 121 of the Laws of 1998)

This chapter extends the expiration date from June 30, 1998 to June 30, 1999 to allow the City of Niagara Falls to continue to issue serial bonds or notes at private sale, subject to the approval of the State Comptroller.

Sale of Bonds By The City of Yonkers: (A.10755 Rules (Pretlow); Chapter 144 of the Laws of 1998)

This chapter extends the expiration date from June 30, 1998 to June 1999 to allow the City of Yonkers to continue to issue serial bonds or notes at private sale, subject to the approval of the State Comptroller.

Cohoes Deficit Bonding Financing: (A.10062-A Canestrari; Chapter 199 of the Laws of 1998)

This chapter authorizes the City of Cohoes to issue serial bonds and bond anticipation notes, and prepare a report to be sent to the Comptroller who will review and confirm the deficits stated in the report. Cohoes would not have the authority to issue these bonds without the approval of the Comptroller of the State of New York.

B. NEW YORK CITY LEGISLATION

Water Charges for Hospitals and Charities in New York City: (A.9808 Silver; Chapter 79 of the Laws of 1998)

This chapter amends Chapter 79 of the laws of 1996, which expired September 1, 1998, and extend its expiration date through September 1, 2000. This legislation will continue to provide for a reduction in water rates charged to charities, hospitals, and certain educational institutions operating in the city of New York. Hospitals and/or charitable organizations whose water usage is less than $5,000 would continue to pay no water charges. Those institutions using more than $5,000 in water, but less than $10,000, would continue to pay only 50% of their water charges. Any institution whose water usage is over $10,000 would continue to be financially responsible for the total amount of its water charges.

Improving New York City Neighborhoods: (A.9908 Towns; Chapter 126 of the Laws of 1998)

This chapter extends the authorization of the New York City Department of Housing Preservation and Development to provide loans for neighborhood improvement projects. The extension of this loan authority will provide for the construction and/or rehabilitation of private or multiple dwelling properties. Only properties located within Urban Development Action Areas or in the proximity of an Urban Development Action Areas will be eligible for loans and grants.

Veteran Peddler Legislation: (A.9873-E Sanders; Chapter 227 of the Laws of 1998)

This chapter requires the city of New York to issue rules and regulation for the issuance of licenses to disabled veteran vendors by October 1, 1998. These provisions include an advisory committee of six disabled veteran vendors who shall be consulted with concerning the process by which licenses are issued and the process by which restrictions are enforced. In addition, this legislation creates a specified area in which vending privileges would be limited to 65 disabled veterans. Finally, disabled veteran licensees will be authorized to vend in areas of the city prohibited to other peddlers, as well as areas authorized to other peddlers. This law will expire March 1, 2003.

C. BUDGET: WORKING TO ASSIST LOCAL GOVERNMENTS

This year, for the first time in New York State history, the Legislature negotiated the state budget through an open conference committee process. The main priority of the General Government & Local Assistance Subcommittee was to create an equitable solution to revenue sharing distribution, thereby assisting cities, towns and villages throughout the state with their growing financial responsibilities.

The Assembly and Senate budget provided a 2% revenue sharing increase, totalling $11 million to help reduce or cap local property taxes. Unfortunately, while all the members of the bipartisan Conference Committee were committed to the revenue sharing increase, this important portion of the 1998-1999 New York State Budget was vetoed by Governor Pataki.

Subsequently, the enacted 1998-1999 Budget provided the following levels of assistance:

Revenue Sharing Study Commission: (Chapter 430 of the Laws of 1997 -- A.8646)

As a negotiated piece of the 1997-98 New York State Budget, the Revenue Sharing Study Commission was created and is statutorily required to explore options for developing a new aid distribution formula by December 31, 1998. At that time, the New York State Legislature will be required to consider and enact any recommended changes by June 1999. In the event such changes are not made, the current aid distribution formula would revert back to the original aid formula which is set forth in Section 54 of the State Finance Law.

Emergency Cities Aid: (Chapter 50 of the Laws of 1998, Section 1 as amended by Chapter 53, Section 6 -- A. 9105-C)

This chapter provides Emergency Financial Aid to Certain Cities that cannot generate additional municipal income because they are at their constitutional limit for raising revenues through the real property tax. This emergency assistance aid would be used to pay for municipal services in the cities of Albany, $1,461,975 ; Buffalo, $13,712,805 ; Rochester, $5,642,685; Syracuse $2,430,533; and Yonkers, $3,225,915.

D. PROTECTING LOCAL PARKLANDS

The issue of protecting local parklands, or the conversion of parkland for other purposes, has been of great concern to the Committee for some time. Case law has been established which requires that any use of public parkland for non-parkland purposes must be authorized by the New York State Legislature.

The Committee is responsible for protecting the public trust as it relates to the use of parklands. In keeping with the Assembly's policy of preserving open spaces, the Committee analyzes all parkland related legislation with the goal that the proposed transaction will result in an overall improvement in park resources for the people of the affected municipality.

The following Parkland legislation met all the Committee's criteria and were reported:

A.9354-B, Nortz; Chapter 308 of the Laws of 1998

This chapter authorizes the City of Watertown, County of Jefferson to lease certain parklands for use as a public indoor sports facility.

A.9414-A, Hoyt; Chapter 410 of the Laws of 1998

This chapter authorizes the City of Buffalo to discontinue use of and convey certain parklands to the Buffalo Municipal Housing Authority.

A.9528-A, Destito; Chapter 412 of the Laws of 1998

This chapter authorizes the City of Utica to discontinue the use of certain lands as parklands.

A.9904-B, Kirwin; Chapter 442 of the Laws of 1998

This chapter authorizes and empowers the City of Newburgh to convey certain public land to the City of Newburgh Industrial Development Agency.

A.10002, Genovesi; Chapter 485 of the Laws of 1998

This chapter authorizes New York City Commissioner of the Department of Citywide Administrative Services to transfer and convey Canarsie Cemetery in Brooklyn without public auction.

A.10317, Straniere; Chapter 128 of the Laws of 1998

This chapter extends the time period during which lands may be transferred to U.S. for establishment of Gateway National Recreational Area.

A.10328, McGee; Chapter 584 of the Laws of 1998

This chapter authorizes the City of Salamanca to convey leasehold interests in certain parkland.

A.10677, Rules (Luster); Chapter 413 of the Laws of 1998

This chapter authorizes the City of Ithaca to discontinue use of certain lands as parklands.

A.10836-A, Rules (Stringer); Chapter 497 of the Laws of 1998

This chapter authorizes the City of New York to discontinue the use of certain lands as parklands.

A.10860-A, Rules (Canestrari); Chapter 501 of the Laws of 1998

This chapter authorizes the City of Troy to discontinue use as parkland and convey to Troy Boys and Girls Club, the Canal Avenue Park and South Troy Recreation Center.

A.11168-A, Rules (Gantt); Chapter 502 of the Laws of 1998

This chapter authorizes the City of Rochester to discontinue the use of certain lands as parklands.

A.11183-A, Rules (Gantt); Chapter 417 of the Laws of 1998

This chapter authorizes the City of Rochester to discontinue the use of certain lands as parklands.

E. IN REM-LEGISLATION

According to section 11-424 and 11-424.1 of the Administrative code of the City of New York, the City may release its interest in property acquired through non-payment of taxes, if an application for such release is filed with the City's Department of General Services within two years of the date on which the City's deed is recorded, and if such an application is approved by the City's In Rem Foreclosure Release Board. If that two year period has elapsed, state legislation becomes necessary in order to restore the property to the former owner.

It is the responsibility of the Cities Committee to ensure that each of these In Rem bills receive the proper analysis prior to passage. Out of the 37 chapters that were signed by the Governor, 15 of those were IN Rem bills.

A.4212-B, Vann; Chapter 261 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 3062, Lot 3 in the borough of the Bronx to the estate of the former owner Elia Figueroa.

A.8220-A, Rules (Norman); Chapter 166 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 1257, Lot 36 in the borough of Brooklyn to Frances Thorpe.

A.8544-A, Rules (Cook); Chapter 169 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 12192, Lot 34 in the borough of Queens to Phyllis De Kalb.

A.9166, Vitaliano; Chapter 175 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 3122, Lot 1 in Staten Island to Esposito Realty Company.

A.9312, Kaufman; Chapter 189 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 5597, Lot 1 in the borough of the Bronx to former owner Amelia Vigliotti.

A.9449-A, Vitaliano; Chapter 311 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 749, Lot 52 in Staten Island to Michael and Lucille Takos.

A.9775, Davis; Chapter 183 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 2948, Lot 55 in the borough of the Bronx to Rupert Coombs.

A.9796, Vann; Chapter 160 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 1984, Lot 21 in the borough of Brooklyn to Ruby Reed.

A.9936, Cohen; Chapter 173 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 699, Lot 183 in the borough of Brooklyn to the Brooklyn Hebrew School for Retarded Children.

A.10003-A, Lentol; Chapter 197 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 2442, Lot 21 in the borough of Brooklyn to Rosa DeJesus.

A.10021-A, Straniere; Chapter 196 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 5433, Lot 75 in Staten Island to Don and Judy Bishoff.

A.10022-A, Straniere; Chapter 195 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 3813, Lot 18 in Staten Island to Cunardi Contracting.

A.10034, Butler D; Chapter 271 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 890, Lot 254 in the borough of Queens to Richard Zolli.

A.10714-A, Rules (Towns); Chapter 211 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 3170, Lot 141 in the borough of Brooklyn to Percy Benjamin Richford Fox.

A.11111, Rules (Weprin); Chapter 182 of the Laws of 1998

This chapter authorizes New York City to reconvey its interest in Block 7621, Lot 1192 in the borough of Queens to Anthony and Thresiamma Sebastian.

III. OUTLOOK FOR 1999: ASSISTING CITIES IN SERVING THEIR CITIZENS

Under the leadership of Speaker Silver, in conjunction with Chairman Abbate, the Cities Committee will work to improve the financial condition of the State's 62 cities. The Committee believes that until a fair and equitable solution to revenue sharing is formulated and implemented, certain cities will continue to need additional assistance in order to ensure that they are able to provide essential services.

Therefore, a primary goal of the Committee will be to achieve a comprehensive solution to revenue sharing which will assist our cities, towns and villages in alleviating a portion of the financial burden placed upon them.

The Cities Committee will continue to promote and strengthen the Economic Development Zones (EDZ) Program as an integral part of providing economic development and economic self-sufficiency in urban communities.

In 1999, the Cities Committee will again strive to assist all 62 Cities of the State by passing legislation aimed at keeping up our continued commitment to maintaining their economic well being. The Committee's other areas of oversight will again range from involvement in issues dealing specifically with New York City, the protection of public parklands and the parkland alienation process, the return of property through the In Rem Tax Proceedings, the sale of bonds and neighborhood improvement projects.

APPENDIX A

1998 SUMMARY OF ACTION ON ALL BILLS REFERRED TO
THE COMMITTEE ON CITIES

APPENDIX B

Chapter Laws of 1998