Second Revaluation Defended at Village Meeting
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The Board of Trustees sought to explain the process for Scarsdale's second tax revaluation, to answer questions and to quell dissension at a meeting on March 17, St. Patrick's Day. The original meeting was rescheduled due to snow and this session was squeezed in just before the election of the new Mayor and trustees on Wednesday March 18th.
Following the first revaluation in 45 years that was implemented in 2014, the Village plans to do a second revaluation this year, to take effect in 2016. The fee of $245,000 will be paid for over three years using some funds remaining from the first revaluation.
John F. Ryan, the man who was hired to monitor the first revaluation done by Tyler Technologies has been given the contract to do this second round and some are questioning why. Critics reason that if the first revaluation was done right and approved by Ryan, why a second one would need to be done so quickly afterwards, and why was Ryan selected to carry it out.
However, the Mayor and trustees are unanimous in their resolve to hire Ryan to carry out this update and clearly laid out their case.
Mayor Steves said that this second round would "solidify our database" and make the process "fair and impartial." About Ryan he said, "I am confident in the staff choice of John Ryan Associates. Under Village law it is legal to select staff (rather than seek bids) where there are a limited number of vendors." He continued, the revaluation "is not mandated but it is the right thing to do. We are doing this because it is equitable."
Trustee Marc Samwick concurred saying "it was the right thing to do a revaluation after 45 years ..... while it appears that the pendulum has swung from one extreme to another, there are good reasons to do it (the second revaluation.)
Samwick enumerated those reasons saying:
- This second round will "correct some of the shortcomings of Tyler's revaluation.
- It will utilize market values rather than "automatic comparable sales."
- It will redefine the neighborhoods into more natural delineations to create more meaningful valuations.
- A new model will be developed.
- It will create a regular process and maximize equitability with reliability.
He concluded with, "Let's make sure we have a clear and open process. Meetings such as this one are important steps. Based on improvements in the reassessment process I am confident we will have a more equitable process moving forward."
John Ryan also defended the second revaluation, saying, "Industry practice recommends that assessments be updated as frequently as possible. New York State
recommends revaluations be done at a minimum of every four years. Taxable values should be updated and reflect market value.... the market changes so values should be adjusted accordingly and if not, those that are over valued subsidize those that are undervalued. Regular assessments reduce challenges and minimize the value of those challenges."
Explaining the process, Ryan said that it will involve three steps:
- The village staff will do sales verification, checking new construction, open permits and properties that have been sold.
- Using recent sales data, Ryan will develop a new Direct Market Model, which examines all sales, not only 3-5 comparable sales.
- An experienced appraiser will do a "windshield review" of each property and compare what can be viewed from the street to the data card for each property to assess overall condition and quality and to do a physical inventory. Unlike the prior revaluation, the appraiser will not enter homes unless conditions have changed. Ryan said, "The Village made a big investment in canvassing and doing an inventory of all homes. We don't have to do that again, we just need to maintain it."
Trustee David Lee asked how many comparables will be used to value each home and Ryan explained that variables such as "size, location, etc are compared to current sales. The Direct market model is informed by all sales in the model."
Trustee Thomas Martin said, "We just used an automated comparable sales and the state said it was valid – why not stick with it?" Ryan responded saying, "The Direct market model is better for a reassessment. If we continue to use the automated comparable sales method a few years down the road things shift and you have oscillation from year to year."
Trustee Stacey Brodsky asked about the time frame for the revaluation and Ryan said, "Sales verification will happen soon, modeling will be done over the summer and the field review will start in the fall."
Robert Berg, who was a proponent of the first revaluation said, "I would rather fix potholes than do a reval" and asked if the village planned to do this every two years. Village Manager Gatta told Berg, "We are doing this adjustment two years after a comprehensive revaluation to make sure that we have our base correct. Our base is as good as any I have seen. We didn't use one method – we used all three. Now we are adjusting. I think we will do it again in four years – but we don't have to. The elected officials can decide if we do it again sooner or later."
Berg continued, "I believe Tyler did a good job with good methodology. Ryan signed off on everything they did and was paid handsomely to do it. Now we are using a new method for no apparent reason. That's my problem here: the timing. The town could use the money for other infrastructure needs."
Mayor Steves assured Berg saying, "We are going to have to find money to fix the roads. We feel we need to tweak it (the revaluation). Berg also asked if there have been disproportionate changes in one neighborhood over another to justify a second revaluation. Village Assessor Nanette Albanese replied, saying, "No. This is to maintain values across the community. The justification is to maintain market value year over year."
Statistician Michael Levine came to the mike and said, "If I thought the first reval was good I would prefer to spend the money on potholes. But I think there are problems we need to fix." He continued, "I am endorsing this process – but the more confidence I have the more I will endorse it."
He then presented some data on the validity of the first revaluation, explaining, "I kept hearing this was a great revaluation because of the 4.39 coefficient of dispersion. I looked at how it was calculated and it is misleading to say that this proves anything. This coefficient compares sales values to assessed values for sold properties. This measure makes sense when the sale price was not known at the time of the assessment or was not used in developing the assessed value. But in this case, the coefficient was based on the sale of 340 properties whose sale prices were used in the model to develop values for the entire town. More importantly, in over 95% of these cases, the sold property was used as one of its own comparables in determining its own assessed value. So, the coefficient was based on properties where Tyler knew and used the sale price in developing the assessed value. It's like knowing the answer before you take the test. The IAAO (International Association of Assessing Officers) agrees with me, advising that the coefficient "will be biased" if it is based on sales that "are used as comparables for themselves". For the coming year, if future sales are in line with declared assessed values a low coefficient would be good and would prove the accuracy of the reval, but I don't think the 4.39 coefficient that keeps getting cited proves anything."
Mayor Steves responded to Levine, saying, "We are not resting on our laurels. Ryan was not hired to confirm what Tyler did or say it was 100% perfect. Ryan was hired because a second look is appropriate. Given the complexity it was necessary to take another step."
Bill Ortner said, "Tyler weighed the land more heavily than the house. Some assessments had a higher weight for the land – but you spent much time scrutinizing the house. Fox Meadow was split up into three communities and valued as such. But little scrutiny was given to the land. On Olmstead Road one side was in one neighborhood and the other side of the road was in the other." Turning to Ryan he said, "Are you going to use the same formula that they did for land? Will you look if it is sloped? Does it flood? Is the property in the front or in the back? I urge you to scrutinize the map – it looks like a gerrymandered Congressional district."
Ryan said, "We will only do an exterior look – the study does not allow for looking at the land. If a property is subject to flooding, that should be captured and recorded. To the extent that it affects value it will be considered, as will traffic. However that changes year over year. Neighborhood land values will be re-evaluated – and neighborhoods will be defined by the sales."
Former Village Trustee Bob Harrison took the mike and spoke at length. He asked Albanese for counts on the settlement of the 750 challenges that were filed to the first revaluation. He asked if it was a priority to spend the $245,000 to tweak the reval. Saying that it costs $300,000 to repair a mile of road he said "we will never catch up." He said,"we value our tax dollars dearly. I don't think Scarsdale is ready for it now. I think we will be ready in two more years. Maybe we will have a petition (against it) with a thousand signatures."
Steves closed the meeting by telling Harrison that "We deal with priorities all the time and weigh those decisions. We made this a priority." Gatta then invited residents to let the Village know about potholes and promised to repair them.
Carl Finger: Village Trustee to Be
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Fox Meadow resident Carl Finger has been nominated to serve as Village Trustee. A lifelong resident of Scarsdale, Finger shares his thoughts on living in Scarsdale and how he hopes to contribute as Village Trustee. Remember to vote in the election on March 18th:
Tell us about yourself: How long have you lived in Scarsdale and what do you enjoy about living here?
I consider myself a lifelong resident of Scarsdale. I was raised in Scarsdale, attended Edgewood Elementary School, Scarsdale Junior High School (now Scarsdale Middle School), and Scarsdale High School. We bought our house on Butler Road in 1998 and our daughters, Jaclyn and Serena, attend Fox Meadow Elementary School and Scarsdale Middle School.
Scarsdale is a unique and special community and more than just a municipality or school district. I've been fortunate to build lifelong and special relationships with so many people in Scarsdale. Even this most recent page has been replete with connections. Jon Mark's mother, Ruth Friendly was my fifth grade teacher and Matt Callaghan lives in the house in which I grew up. These types of connections create a sense of community which is particularly meaningful in a day and age where such links are more difficult to find and retain.
If someone asked you if they should consider moving to Scarsdale – what would you say?
I can't think of a better place to live. In additional to the obvious draws, the schools and proximity to NYC, the small town feel that we have where the local merchants know the customers, the elementary schools and parks provide walking distance resources, the recreation department, the Scarsdale Pool, the library, and the welcoming nature of the community are without comparison.
What do you do in your professional life?
I am an attorney with the firm of Finger & Finger, A Professional Corporation. The other attorneys are Kenneth J. Finger, my father, Daniel S. Finger, my brother, and Dorothy M. Finger, my mother. Our practice is mainly real estate and litigation, relative to which we represent boards of various types of communities, closings, commercial litigation, and personal injury representation. All of the attorneys in our practice are also committed to civic service and Dorothy is a former Scarsdale Village Trustee.
Have you been involved in any Village committees or organizations?
I served on the Conservation Advisory Council for about fifteen years. I have served on the Board of Architectural Review for the past two years. I have also served on a variety of Westchester County Board of Legislator sub-committees and was counsel to the Westchester County Board of Legislators Labor Committee.
Why did you decide to step up and volunteer to serve as Village trustee?
I was flattered to be asked to submit my name for consideration by the Citizens Non-Partisan Committee for nomination as Trustee. The combination of my history and long term residence in Scarsdale, my involvement with the Village on the CAC, and BAR, and my professional experience all seemed to point toward a greater involvement in the Village. I believe that I can bring both a historical perspective and an open but critical mind to the issues facing the Village. The culture in my family and practice is a civic commitment and service as a Trustee seems like a natural step in that direction.
What do you think are the key issues facing the Village?
Since being nominated I've reviewed Trustee Agendas and attended a variety of meetings in order to be fully apprised of as many issues as possible when my term starts. In general the challenge facing Scarsdale is to find a way to deliver the services which make Scarsdale such a great place to live as efficiently as possible. In the past I know that the Village Staff endeavored to accomplish this but now the so called "2% tax cap" virtually requires efficiency. Scarsdale residents expect the services that the Village has always provided but we also need to see what more can be done for our citizens.
Similarly, we want to preserve and enhance the community. Already the Board of Trustees is reviewing various statutes including those pertaining to floor area ratio, lot coverage, and the like. The Board of Trustees is also reviewing the "Tree Law" which relates to the removal of trees. These laws and others that will be reviewed will determine how Scarsdale looks for decades into the future. Scarsdale's "village in a park" reputation will be determined by how we manage the issues that impact the aesthetics of Scarsdale. These are complex issues that will take much thoughtful analysis and input from the community to reach the proper decision.
How do you hope to contribute?
I hope to provide an appropriately critical analysis of the issues that come before the board with a historical perspective. I anticipate that my experience advising boards, as an attorney, as a member of the CAC, on the BAR, and as a long term residence of Scarsdale will allow me to provide a particular point of view to the Board. I also hope that the community and residents of Scarsdale will participate and share their thoughts and feelings with us and that they will find me to be a welcoming and considerate audience. I will endeavor to thoughtfully include any comments and concerns that may be shared with me in the decision making process.
Trustees Consider How to Preserve the Village Tree Canopy
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Both the Conservation Advisory Council (CAC) and the Friends of the Scarsdale Parks (FOSP) met with the Village Board of Trustees on Tuesday February 24 to discuss the Village's tree ordinance and how best to maintain the village tree canopy. Currently aerial views show that 50% of Scarsdale is covered with trees and both groups are proponents of maintaining Scarsdale's canopy and encouraging residents to plant native, non-invasive trees.
Lee Fischman of the Conservation Advisory Council led the board through a discussion of a report that the committee issued in December with recommended changes to the tree law to maintain Scarsdale's trees.
Here is a summary of their recommendations:
1. The Village actively seek to maintain its 50% tree canopy coverage.
2. All projects requiring land use board approval must either attain the 50% canopy goal (at maturity) or pay an assessment for any shortfall.
3. Preconstruction tree surveys be conducted by a certified ISA arborist.
4. "Street" trees be required for all site redevelopment.
5. A permit be required for any tree (> 6" DBH2) (diameter at breast height) removed by a homeowner.
6. Neighbors be notified of substantial (> 12" DBH) tree removals.
7. Violations of the tree protection code result in subtraction of any unprotected trees from the canopy calculation.
8. Recent Friends of the Scarsdale Parks (FOSP) tree ordinance guidance be adopted.
How can this be accomplished? The Sustainability Committee recommends that those who choose not to replace trees they take down would have the option of paying a Canopy Replacement Fee (CRA), or a compensation fund to cover the cost of the Village planting trees in another location to replace the loss of canopy.
The committee also recommends that before construction is done on a site, a certified arborist should do a tree survey that includes tree species, condition, canopy coverage and counts all trees greater than 4".
For new construction the property owner would be required to protect or plant street trees.
Permits would be required for removal of any tree larger than 6"DBH.
Neighbors would need to be notified for removal of trees greater than 12"DBH.
During construction, trees would need to be protected, by surrounding them with a fence. The root cannot be disturbed with digging or trenching.
Madelaine Eppenstein, Co-President of the Friends of the Scarsdale Parks summarized the conclusions of their report on Scarsdale's tree policy. Though they concurred with the CAC on some recommendations, they diverged on others.
They also support designing a system to maintain maximum tree coverage but do not believe that residents should be given the option of paying fees to avoid planting trees on their property.
They want to ensure that only non-invasive native trees were planted 
and that the planting of invasive species should be prohibited by law. In a December report the group recommended which trees and shrubs should be planted and which should be prohibited as they are invasive.
They conclude by saying that their objective is to "not only help preserve the ecological balance and character of Scarsdale's natural environment, but also to balance this responsibility with the sometimes competing goals of property owners." They call for, "sound tree replacement and retention standards, requiring the planting of street and perimeter trees" and "expanding the Village right-of-way tree planting program."
In the discussion that followed, Bart Hamlin told trustees that "the BAR needs some guidance on plantings" when they review landscaping plans.
Co-President of FOSP Susannah Jones said, "We question an assessment in lieu of planting on private property. If you have a larger property you should make your planting plan equally as important as your home design. The idea of an option to pay your way out of the situation may not be a good idea. It is not necessarily the responsible thing to do – just like we are responsible for dealing with our own storm water, maybe people should be responsible for their part of the tree canopy. If 500 homeowners decide to pay in – where will plant the replacement trees?"
Trustee Brodsky said, "Have you given any thought to trees at risk – those that remain up but are impacted by construction? Fischman responded, "That would have to be done through monitoring." Brodsky continued, "We have a recreation fee for subdivisions – but it requires permission. It would seem to me tree canopy replacement fees could be approved by a village board – not be a given as an automatic buyout."
Trustee Stern said, "You can buy carbon credits to meet environmental standards – why not make it really expensive and people will think twice about removing a tree?"
Discussing the planting of large trees, Cynthia Roberts told the group, "The smaller a tree you put in, the better its root structure will be. Smaller trees can be transplanted with their entire root system intact. However its best to do this in the fall – when we are vacuuming leaves. If the staff could be spared we could plant these trees."
After considerable discussion about the best way to regulate and monitor trees, Mayor Steves concluded the meeting by saying, "We respect the work of the FOSP and the CAC. They are the environmental conscious of the village. We need to put something in place. How do we get to where we need to be? We need to decide whether the protection of the tree canopy is a concern of the village and if so, how to ensure it."
Meet Incoming Village Trustee Matt Callaghan
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The Scarsdale Citizen's Nominating Committee has nominated forty-year Scarsdale resident Matt Callaghan for Scarsdale Village Trustee. The election will be held on March 18 and we asked Callaghan a few questions to help you to get to know him. Here is what he shared:
What do you like about Scarsdale?
It is friendly, has unassuming residents and neighbors and friendly and helpful merchants. Schools, recreation facilities and activities are great and our cooperative form of village governance, with the village board and village hall, make our community so special. Scarsdale10583.com and the Scarsdale Inquirer keep the community informed and I value the Village in the Park that preserves the character and look of Scarsdale.
Would you recommend Scarsdale to people looking to move to the suburbs?
Definitely!
What do you professionally?
I am a semi -retired- safety management consultant for the hospital and hotel industry and a trustee of the Fire Safety Directors Association of greater New York and a trustee of the International Code Council's New York chapter.
Why do you want to serve as Village Trustee?
I consider serving as a trustee as the ultimate form of service to our Village. This is a way for me to pay back for all the things living in Scarsdale has done for the Callaghans. I hope as a trustee I can keep these same good outcomes for future family's moving to our village. I also think that the 35+ years in some 20+ organizations equips me well for this position.
In your view, what are the key issues facing the village?
- Maintaining the Village in the Park
- Overbuilding
- Commercial development
- Increasing volunteer activity
- Environmental monitoring
How do you hope to contribute?
As director of Safety Management at leading New York City hospitals I learned to be
a complex problem solver and facilitator, bringing together different disciplines to craft creative resolutions. Also through my experience as an adjunct Professor in Heath Care Science I have become familiar with the principles of not-for-profit organization governance.
What Village committees and organizations have you been involved with?
- Scarsdale Volunteer Firefighter Co#1-1982 to present -Held rank of lieutenant and trustee with 33 years active duty
- Boy Scouts of America Merit Badge Counselor 1985 to present
- Counselor Fire Science Explorer post 2009 to present
- STEP Advisory Board member 1990 to present
- Zoning Board of Appeals 1996-2005-2012 to present
- Scarsdale Bowl Committee 2008-2010
- Scarsdale Recreation Soccer Coach 1981- 1993
- Scarsdale Forum (Town Club) 1975 to present with several committee memberships (chair land, buildings and highways}
- Procedural committee member CNC committees school board and village board several times
- Screening committee for Village Manager which led to selection of current village manager Al Gatta
- Treasurer Non Partisan Committee 1982
- Scarsdale Family Counseling Service 1988-1990- employment counseling
- President Arthur Manor Association 1982
- Parishioner St. Pius X Church
- Religious education instructor Immaculate Heart of Mary Church
No Change in Leaf Pick-up Policy for Now
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Michelle Sterling, Chair of the Sustainability of the Scarsdale Forum pressed Mayor Steves on the status of a proposed revision to village code that would end the village's current practice of curbside leaf collection at the February 12th meeting of the Board of Trustees. After a large and contentious public hearing about the change in November 2014, Steves agreed to continue to study the issues and though there was much dissension about the change, Sterling hoped that the Board would move forward with a proposed resolution. Under the new code, the village would encourage residents to mulch their leaves in place and end the practice of vacuuming up loose leafs. Bagged leaves would be collected and the village would sell recyclable collection bags to residents for a fee.
At the hearing in November, residents both supported and objected to the change. Some saw it as a cut in services, others said their properties were not big enough to absorb the mulched leaves and still others said the measure would impose an undue burden on residents who do their own yard work. Fans said they had tried mulching on their properties and said that the mulched leaves acted as fertlizer, yielding healthier lawns. They urged their neighbors to give it a try and recommended landscapers who use mulching blades and do not charge extra for the service.
However, as Mayor Steve's term draws to a close, Sterling appeared frustrated that no action had been taken. Steves let her know that the measure would be considered during next year's budgeting process but that for now, the funds for education and leaf pick-up had already been allocated for the 2015-16 Village budget. He added, "that is not to say that another board might do something differently."
Sterling appealed to the Mayor to take action this year, asking him to, "consider it so that there can be some resolution either for or against? As chair of the committee, there are many citizens who are for change, I am trying to move forward with an issue that's important to a lot of people, not just me."
Scarsdale Cable:
Michael Rubin of the Scarsdale Cable Commission announced changes to the public access channel and thanked the trustees and village managers for their support. He said, "The village is on the way to having a channel that the residents expect and deserve. We have built a new website, www.scarsdalepublictv.com that will be entertaining and informative and we have renovated the Scarsdale Cable website to show high quality videos about Scarsdale."
Revaluation:
Also coming to the microphone was Bob Harrison of Scarsdale Taxpayer Alert to urge the trustees to reconsider a resolution that was passed to conduct a second tax revaluation this spring. Harrison attempted to draw an analogy between the revaluation and a 1989 village contract with a consultant who was retained to formulate a bulk volume law that would require residents to formulate their home volume before construction.
He reproached the board for granting a "no-bid contract to John F. Ryan for $245,000 to do the second revaluation. Harrison asked if any other vendors were considered and wanted to know why Ryan had said that Tyler Technologies, (the firm that conducted the initial revaluation) was doing a good job when he was retained for $115,000 to monitor the first revaluation.
Referring to ongoing grievances from the first revaluation, Harrison said, "We still have 750 SCARS and Cert cases out there. These will be expensive to resolve. Each one could cost $1,000- $2,000 to settle. We are asking the Board to reconsider their decision to spend $245,000 for something that won't benefit Scarsdale. It seems absurd. No one has defended this decision. On Scarsdale10583 where the story was written up, commenter's questioned the decision. Harrison read these comments to the Board and said, "I have not seen this many comments on any other story."
He concluded by saying, "Support the next reval for 2018. We will circulate a petition. We have been through a stressful reval process and now is the time to let the dust settle."
Steves responded to Harrison and assured him that he reads his email on a daily basis and "has not seen many emails on this subject." He told Harrison, "You make a supposition that we wasted money on the consultants in 1989 and on John Ryan now. You insinuate that the board does not know what it is doing. We have been as open as possible. I resent the idea that no-bid contracts are sinful and deceitful. The Board relies on the professional staff to make good decisions." He continued by saying, "Getting us back where we need to be is difficult – but if we are going to do it, we want to do it right. "
In other business, the Board of Trustees approved the following:
30 Murray Hill Road:
In other business, the Board accepted a recreation subdivision fee of $92,500 for subdivision of a lot at 30 Murray Hill Road. Though the subdivision will create two non-conforming lots, lawyers for the Ansells of 30 Murray Hill Road argued that their application should be considered under the zoning code that was in force before 1947 when there were no minimum lot size requirements. The property has always been divided into two tax lots and the Ansell's ultimately won their battle to construct a second home on the additional lot.
2-4 Weaver Street:
The board set the fee for the building permit for the new condominium building at 2-4 Weaver Street at $94,680 with additional permits to be required for the individual condominium units. The building department will retain a building inspector to monitor the work. Developer Frederick S. Fish estimated that the construction would cost $6,575,000.
Streaming Online Video:
The Village will now have the capability to stream video online on their website. Under a new agreement with SWAGGIT Productions, the Village will purchase equipment and stream village board meeting on the web. They will also be able to index meeting agenda items, offer search and archiving. The cost for the equipment is $4,235 and the streaming will cost $500 a month or $6000 a year.
Recreation Fees for 2015-16
The Board approved a schedule of recreation fees for 2015-16.
15K/4 Mile Run
The Board approved a 15K and a 4-mile run through the Village, slated for April 19, 2015.
Plastic Bags:
Trustee Deb Pekarek announced that the County Board of Legislators would hold a public hearing on a new law involving the use of plastic bags and polystyrene at retail establishments at 3 pm on February 23 at 148 Martine Avenue in White Plains.
