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HomeMy WebLinkAbout2009-11-05-COD-ltr 2009-11-05-COD-ltr From:michael martignetti <mmartignetti@rcn.com> Sent:Thursday, November 05, 2009 9:36 AM To:Linda Vine; 'Jennifer Williams'; 'Cusack, Susan' Cc:'Garry Rhodes'; vbuckley@rcn.com; 'Janet Perry'; 'Hank Manz'; 'Francine Stieglitz'; 'Leonard Morse-Fortier'; 'Charles Burt Cole'; 'julie miller'; 'Janice Cyr' Subject:Three Matters To Discus Hi Linda, Hi Linda, Following are a few issues that need discussion amongst the COD and your assistance: 1. New Inventory of ADA Compliance in Lexington: a. Jennifer Williams and I have volunteered to bring the ADA Inventory into the 21st Century - meaning online with photos. As we have been reviewing the current data we realize that it is a job that is much bigger than we can handle. Essentially we need to start over (using the current inventory as a guide) recording which projects have already been or are yet to be completed. Some of the buildings that were on the inventory either don't exist (DPW) or are slated for major renovations (the White House & East Lexington Library). b. We would like to know if we could use a portion of the annual $50K that is allotted in the town budget for accessibility matters towards hiring a professional to assist us with updating the ADA Inventory. If that is not possible is there someone already on staff that we could tutor in ADA compliance and they could assist us, lastly, perhaps students could assist as part of their community service responsibility? 2. Asking the Board of Assessor's what their position on exemption from auto excise tax is: a. There is an inconsistency in how the Dept. of Revenue (DOR) interprets the same law that exempts qualifying individuals with disabilities from exemption from auto sales tax and auto excise tax. b. The same law applies to both MGL Chapter 60A Section 1 http://www.mass.gov/legis/laws/mgl/60a- 1.htm and the same form needs to be submitted for both - Form MVU 33 - http://www.mass.gov/Ador/docs/dor/Forms/MVU/PDFs/mvu_33.pdf . c. The confusion is over the section of the law that states that - " The excise imposed by this section shall not apply to a motor vehicle owned and registered by a veteran, ... nor to a motor vehicle owned and registered to any person who has suffered loss, or permanent loss of use of, both legs or both arms; nor to a motor vehicle owned and registered to any person who has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty Page 1 2009-11-05-COD-ltr degrees in the better eye. This exemption shall apply to not more than one motor vehicle owned and registered for the personal, noncommercial use of such veteran or person. After the assessors have allowed an exemption under this paragraph no further evidence of the existence of the facts required by this paragraph shall be required in any subsequent year in the city or town in which the exemption has been so allowed; provided, however, that the assessors may refuse to allow an exemption in any subsequent year if they become aware that the veteran or person did not satisfy all of the requisites of this section at the time the exemption was first granted." The particular sentence -" any person who has suffered loss, or permanent loss of use of, both legs or both arms;..." is the key to the misunderstanding. The DOR seems to be the agency that interprets the meaning of this sentence; however, the DOR is more liberal in their interpretation when it applies to exemption from auto sales tax to the state vs. their interpretation of exemption of auto excise tax when it applies to local town revenues. We have discussed this matter with the Lexington Assessor's office (Sandra Pentedemos) and they have received this statement from the DOR which we do not agree with - From: Mitchell, Mary \[mailto:mitchellm@dor.state.ma.us\] On Behalf of DOR DLS Law Sent: Friday, October 23, 2009 11:17 AM To: Sandra Pentedemos Subject: 2009-1364 RE: Handicap Non-Veteran - Exemption of Motor Vehicle Excise Tax Sandra, In regard to handicapped persons, G.L. c. 60A §1 exempts a non-veteran who has suffered (a) loss, or permanent loss of use of, both legs or both arms, or (b) a permanent vision impairment of both eyes of a certain magnitude. In our view, as used in the statute, "loss of use" is the constructive equivalent of an actual loss. Therefore, if an applicant has not suffered an actual loss of both legs or both arms, a physician's letter would have to certify that he or she has suffered a permanent and complete loss of use of both legs or both arms. Any determination with respect to the qualification of a particular applicant must be made by the board of assessors. If you feel you need additional information to determine if the statutory standard has been met, you should request a more specific written statement from the applicant's physician that assists you in determining whether he or she has suffered a permanent and complete loss of use of both legs or arms. Mary C. Mitchell, Tax Counsel Bureau of Municipal Finance Law Division of Local Services Massachusetts Department of Revenue (617) 626-2400 DLSLAW@dor.state.ma.us It is our understanding that (using the same law) the RMV (with the blessing Page 2 2009-11-05-COD-ltr of the DOR) when considering if a disabled applicant applies for exemption from auto sales tax - needs to complete Form MVU 33 and that the rule of thumb the RMV uses is 80% loss of use of two limbs or more. We know of towns that use this same standard to exempt qualifying disabled individuals from auto excise tax. d. Linda - we need you to look into this matter and then ask the Lexington Board of Assessors where they stand on the exemption from auto excise tax. Originally the law was created to give the disabled a financial break because they often have to spend tens of thousands of dollars to adapt their vehicles for handicapped use (lifts, ramps, wheelchairs, steering & breaking controls,etc). Our hope is that the Lexington Assessors will allow the exemption and that it will be permanent if the applicant's condition either remains the same or deteriorates and that the standard that they use should not be arbitrary, but consistent and fair. We hope that they will use the same standard as the RMV which is simply the submittal of the Form MVU 33. 3. A Lexington Commission on Disability - web page to link to the town site - with the ability for Lexington individuals & families with disabilities to register (with full contact info and email) so that news can be sent and grievances can be received. a. Many other Lexington commissions, committees or boards have elaborate links to their web page and we should as well. b. We think an online registry would be helpful so that we know what the disabled population is in Lexington and that we have a way of communicating with them. b. It is important to have someone on staff that checks the site at least weekly - to gather information and respond to grievances or questions. c. Jennifer Williams and I can work on the creation of the COD web page with the help of the town's IT person, but we need a town employee to maintain and check the site for responses. The above needs to be discussed and authorized by the COD before any action is taken. Perhaps it can be on today's agenda. Michael Martignetti & Jennifer Williams Page 3