Barrett Power Plant
Letter to Community re LIPA-Nassau Co Settlement
Dear Island Park Community Members,
On April 25, 2022, the Nassau County Legislature voted to approve a Tax Certiorari Settlement Agreement between the County and LIPA with respect to two power generating facilities in Nassau County (EF Barrett - Island Park & Glenwood Landing - North Shore). The settlement agreement goes into effect for the 2022-2023 school year. Over the next five-year period, this agreement reduces the amount of property tax LIPA pays by approximately 46.5%. The agreement is structured as a five-year glidepath which declares the property (Barrett facility) tax exempt and removed from the assessment rolls. The Assessor will now replace the current taxed property with a payment on the School Tax Bills for each tax parcel at issue. Such payment will not be a real property tax payment, but instead a “direct assessment.”
The District has requested that the County provide information related to the potential impacts to the community, including how the settlement will impact tax rates for the other taxpayers within the community. The District has no ability to estimate how the proposed school levy will impact community tax payments without information from the County. We are continuing to work with the County and will provide this information to the community as soon as it is received.
In order to mitigate these sharp tax increases on the community, the School District is working with LIPA and the County to soften the impact to the community during the three-four years after the settlement through ongoing negotiations related to the District’s third-party beneficiary lawsuit appeal. The District is working with special counsel to begin the preparation of a formal contract encompassing all elements of this settlement agreement.
The School District and LIPA are working towards a resolution of this matter and hope to have terms of such resolution in the near future. When terms are finalized, we will share them with the community and explain the plan for how the funding could be used during the three-four year period after the settlement to help offset some of the burden to the taxpayers.
We are hopeful that ongoing settlement discussions with the County and LIPA will continue and result in a positive outcome for the School District and community, to ensure we can continue to provide an educational experience that our community has come to expect for our students.
For a review of the presentation from the April 26, 2022, Board of Education meeting, including how the District has continued to fight for our schools and community, please go to the District website:
Yours truly,
The Island Park Board of Education
See: Letter to Community re LIPA-Nassau Co Settlement 4-27-22
Deputy County Executive’s Correspondence Re: County’s Proposed Settlement with LIPA- January 22, 2021
See PDF: Click here...
Response to Newsday Article January 21, 2021
The January 21, 2021 edition of Newsday features an article titled “Nassau close to settling LIPA’s tax challenges on Nassau power plants.” In the article, representatives from the Nassau County Executive’s Office and the Long Island Power Authority were quoted that they are close to reaching a new agreement to settle LIPA’s two remaining power-plant tax challenges in Island Park and Glenwood Landing.
The article states that Nassau County and LIPA are discussing a proposed “improved” settlement that will incorporate more favorable terms. At this point in time, the District has not received specific details of the new proposed settlement between Nassau County and LIPA including, but not limited to the actual dollar amount to be paid in the form of payment in lieu of taxes (PILOT) over the course of the proposed settlement.
The Newsday article goes on to state that the Island Park School District is expected to discuss ending the lawsuit against LIPA as part of the agreement. To date, the District has not engaged in any formal discussions with LIPA regarding ending the District’s Third-Party Lawsuit nor has the Board of Education taken any action to end the ongoing litigation. If and when a proposal is received from LIPA, we will review it with the protection of our schools and community being paramount.
The Board of Education has its monthly virtual Business Meeting on Monday, January 25, 2021 at 7:00 PM via WebEx (the link to the virtual meeting can be found on the district’s website). The attorney representing the district in this case will be providing an update to the Board and the public pertaining to the District’s next steps.
Respuesta al artículo de Newsday 21 de enero de 2020
La edición del 21 de enero de 2021 de Newsday presenta un artículo titulado "Nassau cerca de resolver los desafíos fiscales de LIPA en las plantas de energía de Nassau". En el artículo, se citó a representantes de la Oficina Ejecutiva del Condado de Nassau y la Autoridad de Energía de Long Island que están cerca de llegar a un nuevo acuerdo para resolver los dos desafíos fiscales restantes de LIPA sobre centrales eléctricas en Island Park y Glenwood Landing.
El artículo establece que el condado de Nassau y LIPA están discutiendo un acuerdo propuesto "mejorado" que incorporará términos más favorables. En este momento, el distrito no ha recibido detalles específicos del nuevo acuerdo propuesto entre el condado de Nassau y LIPA, incluido, entre otros, el monto real en dólares que se pagará en forma de pago en lugar de impuestos (PILOT) sobre el curso del acuerdo propuesto.
El artículo de Newsday continúa afirmando que se espera que el Distrito Escolar de Island Park discuta la finalización de la demanda contra LIPA como parte del acuerdo. Hasta la fecha, el Distrito no ha participado en discusiones formales con LIPA con respecto a poner fin a la Demanda de Terceros del distrito ni la Junta de Educación ha tomado ninguna medida para poner
Introduction by Nassau County Executive Laura Curran re: Rationale for Proposed Settlement between the County and LIPA (4 mins, 48 secs)
Q & A: Community Questions Asked of LIPA and County with Responses (1 hr, 28 mins, 43 sec)
District's History of Advocacy re: Barrett Power Plant
- LIPA Settlement Update- Details on the Settlement Presentation
- LIPA Settlement Agreement – Third Party Beneficiary Litigation
- Nassau County/LIPA Final Stipulation for Glenwood Landing and Barrett Facilities
- 4-27-22 Letter to Community re LIPA-Nassau Co Settlement
- 4-26-2022 Nassau Co LIPA Settlement Presentation
- Nassau legislature OKs LIPA power plant tax challenge settlement - Newsday April 26, 2022
- Recording of April 25, 2022 Nassau County Legislature Meeting
- April 21, 2022 - Newsday Article
- April 11, 2022 Letter to Nassau County Legislature Finance Committee
- Recording of April 11, 2022 Legislative Committee Meetings regarding Proposed Nassau County LIPA Settlement
- 4-8-22 Letter to the Community from the IPUFSD BOE
- 3-28-22 Response to Newsday Article.pdf
- 3-28-22 Newsday Article.pdf
- 2-14-22 Nassau County Litigation with LIPA.pdf
- 8-4-21 LIPA Litigation Letter Final.pdf
- 1-28-21 LIPA and Nassau County still can't settle their differences.pdf
- 1-28-21 Letter-Potential settlement between Nassau County LIPA.pdf
- 1-28-21 LIPA set Feb 28th Deadline to settle Nassau Tax Payment Cases.pdf
- 1-27-21 letter to Councilman D Esposito.pdf
- 1-22-21 Deputy County Executives Correspondence Re: County's Proposed Settlement with LIPA.pdf
- 1-21-21 Response to Newsday Article January 21.pdf
- 2-28-20 Lipa settlement proposal on hold.pdf
- Herald Article 1-23-20.pdf
- 1-15-20 Flyer re: NASSAU-LIPA Community Meeting.pdf
- Board of Education Meeting 12-16-19 - Barrett Power Plant: Where Are We?
- 5-22-19 Bill would block LIPA from collecting back taxes in tax challenges (Bill on LIPA back taxes)
- 5-5-19 Stop LIPA in its Lawsuit.pdf
- 4-18-19 Herald-Taking back the power.pdf
- 3/14/19 “Lawmakers scramble to offset possible impact of LIPA tax cases.”
- 12/14/18: Settlement between LIPA and Brookhaven Town have Implications for Island Park
- 8-17-18 Judge Dismisses Suit seeking to halt LIPA tax challenges for plants.pdf
- 4-6-18 Opinion of 4-16-18 to Newsday "Don't let LIPA break its promise".pdf
- Response of 3-19-18 to Newsday Editorial from School Districts (not published by Newsday).pdf
- Newsday Opinion Editorial of 3-17-18 "A taxing decision for districts with old LIPA power plants".pdf
- 1-25-18 Local officials blast LIPA tax cert.pdf
- 1-18-18 Call For New Power Plant Study.pdf
- 1-17-18 Hempstead Town Tells LIPA "Don't Pull the Plug on Island Park "
- 1-17-18 Hempstead, Island Park urge repowering of Barrett power plant
- Barrett Power Plant Tax Assessment 01-17-18.pdf
- DEC, 2017 Island Park's PTA Appeal.pdf
- Robert Cohen Barrett Plant Litigation Update December 18.pdf
- 12-7-2017 I.P. schools urge community action on LIPA as deadlines loom
- Sample Letter and Content to Insert in Email or Website Form.docx
- List of Elected Officials and Utility Officials to Contact.pdf
- November 27, 2017 Board of Ed Meeting: Summary of LIPA Case To Date from Attorney, Robert H Cohen
- Barrett Power Plant Tax Facts 2014-15 and Impact on Homeowners.pdf
- November 20, 2017 Letter to all Island Park Residents from Dr. Rosmarie Bovino, Re: Update on LIPA property taxes and Barrett Power Plant
- Island Park Schools, “The Islander,” Fall 2017 issue. Sent to all Island Park Residents, referencing the “Progress in Barrett Proceedings,” written by Dr. Rosmarie Bovino
- Island Park Schools, “The Islander,” Fall 2017 issue. Sent to all Island Park Residents, referencing the “Progress in Barrett Proceedings,3. Island Park Public Schools 2017-2018 District Calendar, mailed to all Island Park Residents, referencing the Message from the Superintendent of Schools, advocating on behalf of the community against “Payments in Lieu of Taxes,” Opposing LIPA’s appeal for a major reduction in the tax rate for the Barrett Power Plan. written by Dr. Rosmarie Bovino
- Syntax’s Press Release referencing the October 23, 2017 BOE meeting announcing that the November 27, 2017 BOE meeting will provide a report on the Barrett Power Plant tax certiorari proceedings.
- August 28, 2017 Board of Education Agenda referencing the updates from Robert Cohen, counsel for the district, with reference to the BOE of IPUFSD vs. LIPA proceedings.f
- Island Park Website Posing on August 18, 2017, announcing that at the August 28, 2017 BOE Meeting the District School Counsel will update the community on the Barrett Power Plant.
- August 18, 2017 letter to Island Park Schools Audit Community Members, by Dr. Rosmarie Bovino, referencing the discussion at the May 17, 2017 Public Library meeting regarding the Barret Power Plant and LIPA’s appeal for reduction in its tax rate will be discussed at the August 28, 2017 BOE Meeting.
- Article in Newsday dated May 25, 2017 written by Mark Harrington of Newsday. Energy Storage Batteries: 109M.
- Article in Newsday dated May 24, 2017 written by Mark Harrington of Newsday. LIPA Tax Challenges Get a Court Date.
- Memo dated May 18, 2017 from Lamb & Barnosky, LLP, IP District Counsel, regarding meeting with LIPA on May 17, 2017
- Article in LI Herald (Oceanside/Island Park edition) dated March 15, 2017, written by Ben Strack, Concerned about Barrett, referencing the Island Park District Counsel, Bob Cohen’s statement on how the property taxes LIPA pays for the Barrett Plant has comprised about 47% of the districts total tax base over the last few years.
- Article in LI Herald (Oceanside/Island Park edition) dated February 3, 2016, written by Rebecca McInitsky, LIPA Payments Still in dispute, referencing the Island Park District Counsel, Bob Cohen’s statement on how PILOT funds are part of the tax levy calculations.
- Letter from Lamb & Barnosky, LLP, from Bob Cohen, dated February 5, 2016, written to Justice Anthony F. Marano.
- Article in Newsday dated February 24, 2016, written by Celeste Hadrick, LIPA Ordered to Pay.
- Affidavit of Marie Donnelly in support of Article 78 Application and provisional Relief dated January 27, 2016.
- Article in Newsday dated January 31, 2016, written by Joye Brown, Nassau, LIPA Still Stuck in Tug-of-war.
- Article in Newsday dated January 28, 2016, written by Celeste Hadrick, School Awaits LIPA Payments.
- October 20, 2015 letter to the Honorable Denise Ford, Nassau County Legislator, written by Dr. Rosmarie Bovino.
- October 8, 2015 letter to Dr. Rosmarie Bovino, Superintendent of Island Park Schools written by the Honorable Denise Ford, Legislator .
- September 24, 2015 letter to the Honorable Denise Ford, Nassau County Legislator, written by Dr. Rosmarie Bovino.
- Nassau County Department of Assessment letter to Dr. Rosmarie Bovino, Superintendent of Island Park Schools written by the James E. Davis, referencing receipt of the District’s letter concerning LIPA properties from the 2015/16 school tax roll.
- Island Park Superintendents’ response to the County Executive Mangao’s proposal to give PSEG special property tax exemption.
- Article in Newsday dated September 20, 2015, written by Celeste Hadrick, Mangano Proposal: Give PSEG Special Property Tax Exception.
- Barrett Power Plant Tax Facts, 2014-2015
- Letter from Lamb & Barnosky, LLP, from Bob Cohen, dated April 15, 2014, written to Fred Parola, Executive Director of the Town of Hempstead Industrial Development Agency
- Letter from Lamb & Barnosky, LLP, from Bob Cohen, dated April 10, 2014, written to Kathleen H. Burgess, Secretary at the New York State Public Service Commission.
- Email from Robert H. Cohen, dated April 10, 2014. Subject: Comment Acknowledgment for Matter Number 13-F00464/13-02095.
- National Grid, January 2014, Proposed E.F. Barrett Power Station Repowering article.
- Island Park Schools, “The Islander,” May 2012 issue. Sent to all Island Park Residents, referencing the BOE message on Barret Power Plant and LIPA’s appeal for reduction in its tax rate.
- Memo dated December 14, 2011 from Lamb & Barnosky, LLP to the IP BOE regarding the informational meetings regarding status of Barrett Power Plant.
- Island Park Schools, “The Islander,” May 2011 issue. Sent to all Island Park Residents, referencing the BOE message to advocate aggressively for the IP taxpayers in respect to LIPA’s petition for a reduction in the assessed value of the Barrett Power Plant.
- Island Park Schools, “The Islander,” February 2011 issue. Sent to all Island Park Residents, referencing the Superintendent and BOE appeal to the community.
- Island Park UFSD, Sample Letter to Elected Officials.
- January 21, 2011 letter to all Island Park Residents from Dr. Rosmarie Bovino, asking residents to be pro-active in addressing the property tax issues.
- Island Park Schools, “The Islander,” May 2010 issue. Sent to all Island Park Residents, referencing the projected 2010-2011 revenue. Island Park has one of the lowest school tax rates in Nassau county with LIPA/National Grid paying 46% of the property taxes.
- January 12, 2006 letter from Dr. Edward Price, Superintendent of Schools to Senator Dean Skelos.
- February 25, 1999, Long Range Committee Proposed Agenda.
- April 22, 1999, Long-Range planning committee.
- Memo dated June 19, 1998, from Daniel Kinley, Interim Executive Director of NYS School Boards Association to Superintendents and Board President.
- Fax dated July 1, 1998 from NYS School Boards Association, requesting RSVP to the Power Facility Taxation Issue meeting on July 8, 1998 in Albany, NY.
- Memo dated April 6, 1998 from Dr. Edward Price to Philip S. Cicero regarding LIPA’s bonds.
- Memo dated February 25, 1998 from Dr. Edward Price to Philip S. Cicero regarding LIPA/LILCO meeting Dr. Price attended.
7-9-20
LIPA-Northport/E Northport Settlement Announced in Newsday
It has been reported in Newsday that the Northport/ East Northport school district has apparently authorized a settlement in principle with LIPA. We are greatly disappointed that they have apparently given up the fight in Court against LIPA without consulting with the Island Park school board and the other stakeholders who have jointly resisted LIPA’s efforts to decimate our tax base. We plan on attending the public hearing Northport is scheduling next week on the proposed settlement and will make our views known. [See: https://www.newsday.com/long-island/politics/lipa-northport-tax-settlement-1.46565390?fbclid=IwAR1RjeOR7zywy0s3kcbGZQNFZiQF_4kd9NBK7j4BiXrQQ0R5FM71zvuwqaA].
Nassau County-LIPA Barrett Proposed Settlement
Community Resource Page
What can IP property owners do about LIPA and the Barrett Power Plant Issue?
1. Create an online petition for Na Co Tax Assessor’s Office to
- Dismiss the tax certiorari appeals by LIPA to their office.
- Say that LIPA, Keyspan, National Grid, et al must honor the long-standing provision that was set forth in the Power Supply Agreement whereby Governor Pataki and Richard Kessel promised there would be no tax certiorari challenges.
- Say you support the Island Park UFSD’s lawsuit against the utilities that are trying to cut revenues unjustly to the community by reducing their taxes.
- Say that shifting the tax burden from LIPA to the IP homeowner will be devastating and why.
2. Create an online petition to LIPA, Key Span and National Grid Boards of Trustees.
- Include same points in bullets as above.
3. Go online to each elected official’s webpages. Go to the Contact Us tab and copy the same points in bullets above.
4. Write letters to elected officials stating the above. Include same points in bullets as above.
5. Write to utility executives and to their Boards of Directors. Include same points in bullets as above.
6. Attend LIPA Board Meetings. Prepare a written statement that you sign (name and address), read publicly, and submit for the record. In your statement ask LIPA to honor the Public Supply Agreement and withdraw their tax certiorari appeals with the Nassau Co Assessor’s Office. Explain why a raise in your taxes will be devastating to your family and how it will result in the loss of your home, etc.
7. Write letters to the Editors of Newsday and Herald. Include same points in bullets as above.
8. With local organizations, e.g., Civic Association, Kiwanis, Chambers of Commerce, Places of Worship, Public Library, IP Theater Group, etc. create publicity campaigns to have the community’s voice heard on the matter. Include same points in bullets as above.
