Scarsdale Board Pays Tribute to Departing Trustees Kay Eisenman and Jon Mark
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- Written by Joanne Wallenstein
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On Tuesday March 25 the Scarsdale Village Board and community said thank you and goodbye to two exemplary Village Trustees who have just completed four years of service on the Village Board. Trustees Kay Eisenman and Jon Mark finish their service to the Village this month and the Board devoted their last meeting to reflecting on their service and applauding their efforts on behalf of the Board, the Village and the community
Each remaining Board member took a turn lauding Eisenman and Mark and then the two departing members gave their comments as well. Speakers were emotional at times, reflecting the personal bonds they have formed in the many hours the board has worked together.
After thanking his fellow trustees, Mark delivered an insightful statement on the state of the village, discussing key issues that will be faced by future boards and giving a call for residents to get involved and provide broad-based community input.
Mark summed up his thoughts on the non-partisan system and how it serves the Village. Discussing the merits of the current system over a partisan one he said that the non-partisan system allows the Board the opportunity to approach issues free of the pressures that come with a political system. The non-partisan system has no barriers to entry and residents who wish to participate can do so and make an impact on the Village. However he cautioned that only a small number of residents do get involved or provide input to the Board on key issues, leaving the floor to a few outspoken neighbors who may not represent the general consensus. He discussed development and preservation and the challenges imposed on the independence of Village government by Albany where state mandates are threatening the Village's ability to function. (His full statement appears below.)
Here are excerpts from the tributes of Board Members to Eisenman and Mark:
Trustee Bill Stern thanked both Jon and Kay for their "Enormous amount of time, dedication, energy and devotion to Village Affairs at great sacrifice to themselves and their families." He said their efforts, made "Scarsdale one of the pre-eminent places to live in the country ....and it does not happen by accident." Calling the two "extraordinary people" he said "Trustee Mark is a diligent, careful analyst of the issues that come before the Village. He gives extensive thought to the issues and presents it in a balanced way. He is very selfless. I thank him for his four years of incredible work.
He called Kay Eisenman an "incredible person" who "comes to issues without pre-judgment, analyzes the impacts and comes up with thoughtful ideas." He added, "she is a proponent of green, parks and sustainability."
Trustee Thomas Martin said "Both are quality leaders, blessed with a wealth of experience that they have applied." He said when he came onto the Board last year, "he came up the curve a lot more quickly because of you two." He said they have "demonstrated patience and grace" and that he was "impressed with their broad technical knowledge." He summed up by saying, "You both did a phenomenal job and I will miss you both."
Trustee David Lee was next, first turning to Kay to say, "Getting to know you has been one of the true pleasures of serving on the Board. You are a calm voice of reason; you have integrity, respect for fair process and excellent judgment. ... I was grateful to work with and learn from you and now call you my friend."
He recalled that before he was elected as Village Trustee, the LWVS sponsored a candidate's forum and Trustee Jon Mark prepared for all three of the candidates. He said Mark was "Capable of presenting issues in an insightful and organized fashion, recognized his "exceptional conscientiousness and dedication to doing the very best we can for our Village." Referring to 2-4 Weaver Street, Lee said that Mark "negotiated agreement that recognized the developers wants and our desires to protect residents in the area." He said, you are "an exemplary trustee – we are indebted to you for your invaluable service."
Trustee Stacey Brosky called Kay "the quintessential public servant in Scarsdale." About Eisenman she said, "she has lived here for over 30 years. She served the Village in many roles. She is a fountain of knowledge about the Village and Westchester County. She has thoughtful opinions about issues and studies, listens, and learns. She is fair minded, clear headed and very good with people."
She remembered Kay's response to residents during Superstorm Sandy when tempers were frayed. Brodsky said, "Kay's intrinsic empathy cut through the anger and calmed everyone down. Eight days in she had no power and a large tree had fallen on her property. Kay asked people to be reasonable. Her words and demeanor reminded people that the Board of Trustees are just neighbors."
According to Brodsky, Kay also distinguished herself in discussions about the controversial Homestead Tax Option in the face of strong advocacy for and against the measure. "Kay cut right through the arguments." She explained that "it felt wrong and unethical and she could not vote for it." She said, "Kay gets to the heart of an issue with balance and empathy. It is an art... I can't think of anyone who is a better representative of all the people with a strong commitment to doing what is right."
Turning to Jon Mark, Brodsky said, "I am having a hard time saying goodbye because I can't imagine the Village Board without him... I often think that being a board member is the perfect job for a nerd. I mean this as a compliment when I say there is no bigger nerd than Jon. He reads his documents more thoroughly than anyone. He is a forward thinker and a backstop on every issue we address... He is a master of the process in involving the community in decision-making. He skillfully navigated public meetings, always respectful of all participants. His energy and focus has encompassed all aspects of the board's work. I have learned so much from working with Jon. I am individually grateful and grateful as a representative for the whole community for Jon's work. I think he is irreplaceable."
Next it was Mayor Bob Steves turn to pay tribute to his departing colleagues. He said, "Doing this job is all about the people! About all the people but sometimes it's about the individual people. The people who make it worthwhile, the people who inspire, the people who point our your mistakes and help you correct your mistakes. These are two of the finest people who have provided that support for the community. Kay is a quiet person, you find yourself listening intently to the quiet voice. Had I not listened I would have lost her wisdom. Good thoughts, worthy thoughts, objective and well thought out. Almost like the conscience. "
About Jon he said, "There is eloquence in true enthusiasm. You bring gusto, energy, and all your strengths to the job. I have enjoyed the phone calls, the back and forth as we exchanged ideas. Jon is a prime example of what it means to be a trustee. The bar has been set very high."
Kay Eisenman then took the mike and said, "These have been eventful years – years of great personal growth for me. I have gotten to know many wonderful people on the board and staff of the village. I feel that you have all become friends as well as colleagues. I will miss our collegiality. You should all know how terrific Mayor Bob Steves is – it's a shame we have term limits because two years is just too short a term."
She then commented on her fellow Board members:
Jon Mark is a stellar guide in leading us through the intricacies of all the problems we faced. On the development at 2-4 Weaver Street he worked with the both the developer and the Heathcote Coalition to bring this project forward.... He can dissect an issue to its essentials, understand its details and shine a bright light into the dusty corners of the knottiest problems.... I hope we will have the opportunity to see him in a leadership position once again."
She called Stacey Brodsky "A passionate speaker with well-reasoned ideas and incisive arguments," saying " You don't want to get on the wrong side of Stacey when she has a keenly held opinion. I always enjoyed our interactions."
About David Lee, she said he is "quiet, logical, and delves deep into all issues." She said Lee is "a gentle man who is also a gentleman who takes his time to formulate ideas (which) are always worth waiting for."
According to Eisenman, "Bill Stern is a force of nature who brings levity to serious issues while still taking them seriously." He has a "fresh approach to issues and is "not afraid to speak his mind." She credited him with a fascinating mind and said, "He does not always color within the lines."
She called Tom Martin "a man with good common sense and practical knowledge, calling him "a pragmatist who doesn't mince words with an unfailingly courteous manner. ... He is truly a man for all seasons."
She ended by saying, "I will miss you all. Thanks to Al, Steve and everyone at Village Hall. ...and to my patient husband Shelly who didn't see me during the week but could always count on seeing me on TV."
Jon Mark began by saying, "As I attend this final meeting as a Village Trustee, I would like to thank the residents of the Village and particularly the Citizens' Nonpartisan Committee for giving me an opportunity to serve on the Village Board. It has been an enlightening, interesting experience in which I came to appreciate how well our Village is run by our professional Village staff and how much time and effort is put in by resident volunteers, including my fellow Board members, in contributing to that overall effort. We have just come from a dinner that is something of a Board tradition at which, among other things, I let the Mayor and my fellow Board members know how highly I think of them and of what a pleasure it has been to serve with them on this Board. I would like to share some of my remarks with those residents who are here or may be watching on cable."
The balance of his extensive comments are shown at the bottom of this article:
Mark was followed by community members who thanked both trustees:
Scarsdale Forum President David Irwin said, "I am here tonight on behalf of two outstanding trustees. I had the opportunity to serve with Kay and John during their first year and they hit the ground running. They have shown great sensitivity to the needs and desires of village residents. Kay is a tireless champion of our green and open space, our tree planting program, and the mulching initiative. Jon, has been a major contributor in many areas certainly the law committee and land use committees where he was a major force in moving along difficult negotiations with the developer. The two have been leaders in financial issues – and kept tax rate low
The village has faced fiscal challenges in the four years they have served and they helped the board keep the tax rate as low as possible while maintaining services to Village residents. They provided four years of outstanding service. On behalf of the Scarsdale Forum I express gratitude for a job very well done."
Incomiing Trustee Deb Pekarek said, "you both emulate "non sibi,"not for ones self." You have served with distinction and grace. Your service is greatly appreciated and warmly acknowledged. You are wise, knowledgeable, patient kind and inspiring. There is much to be learned from you."
League of Women Voters Susie Rush attended the meeting to thank the two for their service on behalf of the LWVS. Here are her remarks:
"Trustee Eisenman, your service on the Board has been a continuation of your long years of service to the Village, including as chair of the BAR and the Conservation Advisory Council. You have been an enormous asset to the Board, bringing your vast knowledge of the Village and a deep, genuine sense of caring and imparting your invaluable expertise in land use and environmental planning. With a quiet, gentle manner, you have provided sound guidance in stormwater management and vital leadership in sustainability issues. We are grateful to you for your steadfast efforts to make us a community of leaf mulchers and for continually encouraging us to explore ways to improve the quality of the environment in Scarsdale, including through consideration of the establishment of an open space preservation fund.
Trustee Mark, we have been the beneficiaries of not only your legal background but also your ease with financial matters. You are a quick study on issues that come before the Board, whether it is a rough back-of-the-envelope calculation of the impact on residents if the Homestead Tax Option were adopted or the number of miles of roads we can resurface with the dollars allocated in the budget, and have demonstrated a remarkable ability to find a solution to the most intractable of issues, such as 2-4 Heathcote. Your incisive questions and analyses always serve to move the discussion forward. Yet even as you look to retire from the Board, you are thinking about the future of our community and the challenges that your colleagues and future board members will be forced to tackle.
We thank both of you for your dedication and unswerving commitment of time, energy and intellect to improving the quality of life for all of us."
Former Trustee Bob Harrison said, "Kay was my sidekick, elbow to elbow, who helped me when my papers became dislodged. I would like to call her Mrs. Sustainability. Thank you for your tremendous service to the community."
To Jon Mark, Harrrison said, "How many billable hours could you have billed the Village for all the valuable work you did?. You brought people together. The community does not realize how much time you put in as trustees – all volunteers."
Here is the balance of Jon Mark's remarks from the meeting:
Trustee Martin
Tom—we grew up in Scarsdale at the same time, but it took more than sixty years and the Scarsdale nonpartisan system to bring us together. I am glad we met. You have brought both your imprinted memories of the Scarsdale we knew growing up and your business acumen to the issues coming before the Board. You were determined to ask the hard questions as we went through the budget process in the spirit of finding answers to the economic challenges the Village and its residents face. In addition, you took up the reins as Chair of the Board's Personnel Committee duties and quickly worked your way to an efficient process for re-populating the Boards and Councils that are an important source of resident input to the Trustees. It was high time we got together and I look forward to seeing the fruits of your efforts on the Board in the years ahead.
Trustee Stern
In recent years, some have suggested that it might be beneficial if the Village Board membership included a resident with a scientific and particularly, a technological background. Bill, you have exceeded expectations in fulfilling that slot. A world-class PhD electrical engineer, as well as a successful businessman, you bring your knowledge of state of the art technology and a no nonsense practical approach to a variety of issues that come before the Board. Whether it is successfully advocating for new equipment for the Cable TV Commission, or lending your enthusiastic voice to conservation and sustainability efforts for the Village your forceful manner laced with humor makes you an effective contributor to the work of the Board. It has been a pleasure getting to know you and I look forward to seeing the results of your contributions in the years ahead.
Trustee Lee
David — We also grew up in the Village at the same time. And I am similarly glad we finally met and had the opportunity to work together. You bring your legal analytical skills and a willingness to wrestle with details to bear in considering Board issues generally and in particular the proposed Village Code amendments this Board has focused on during our tenure together. Your care in considering all sides of an issue, in listening to points raised by fellow Board members, Village staff and Village residents is a key asset you bring to the work we do. You are also able to articulate your views in a clear, understandable manner that is critical to the transparency of the Board process. I greatly enjoyed working on the Board with you David and am confident that you will continue to make meaningful contributions to its work during your second term.
Trustee Brodsky
Stacey -- Where to start? Your deep concern for the Village comes through in every Board task you take on. From land use issues, historic preservation concerns, Personnel Committee decisions, Finance Committee budget analysis and advocating for the Library for which you serve as Board liaison you have an ability to get to the heart of an issue and pose a solution that will work. You are always willing to listen and are not afraid to be persuaded to a point of view other than the one you may have started with. You have an ability to present your conclusions clearly and succinctly and are always willing to assist me in making sure I did the same on matters for which I carried the laboring oar. Your hard work on this Board and the contribution to the Village that it represents cannot be overstated. You have been a wonderful colleague and I will miss our collaborations when I depart.
Trustee Eisenman
Kay – We met in the third floor conference room on a Sunday in 2009. You emerged from the meeting room having just presented yourself to the Citizens Nominating Committee and I was about to head inside. You wished me good luck. As luck would have it, we wound up serving on the Board together. Your long-term residence in the Village, your expertise in urban planning and the local knowledge you gained serving on the BAR, including two years as Chair and your service as chair of the Conservation Advisory Council, have allowed you to make important contributions to the work of the Board. Your oversight of various storm water projects as Chair of the Municipal Services Committee and your tenacious advocacy for mulching leaves in place have provided critical support for these projects. While there is still much work to be done in these areas, it is clear to me that without your contributions, the Village would not have made the progress it has in these areas. It has been a pleasure working with you and I wish you all the best in your future endeavors.
Mayor Steves
Mr. Mayor -- Bob, you are the model of a Scarsdale volunteer. Having served seven years on the School Board, including one as its president, in the '90s, to devote five—going on six years—to the Village Board is an example of Village volunteer service only a few residents can match. If that were not enough you also found time to serve as president and treasurer of the Scarsdale and Edgemont Family Counseling Service, president of the Greenacres Neighborhood Association, chairman of the STEP program, chairman of IHM's School of Religion and chairman of the Scarsdale Bowl Committee. With all that volunteer experience under your belt you know, above all, how to set a tone for openness, fair consideration of competing points of view and a commitment to getting things done. You lead by example. Your energy and commitment to Village life are a model for us all and it has been a pleasure getting to know you and working with you over the past four years. The Village is lucky to have you.
I would like to take this brief time to address a broader subject in light of my experience over the past four years and express my thoughts on our non-partisan system embodied in part by this Board.
Since the early 1900s Scarsdale residents have run municipal government on a non-partisan basis. While dissatisfaction with that approach is expressed from time to time, the overwhelming evidence is that our Village is very well run as reflected by the continuing desire of almost half our residents to remain here long after their children have completed school, and by the arrival of new residents. The very able Village staff keeps things running day-to-day and I see no basis for concluding that, a partisan system of electing officials overseeing Village staff work would improve how the Village staff carries out their day-to-day duties.
What the Mayor and the Village Board do in general terms is to oversee the staff; establish spending priorities through the budget process; appoint residents who volunteer to the various Village Boards and Councils; and focus on areas of resident concerns and consider how improvements might be made. What the non-partisan system supports is the very strong Board principle that when acting, Board members must consider the interests of all residents when deciding on a course of action.
The ability of the Board to approach issues without the pressures of partisanship gives it the freedom to balance competing concerns in exercising its judgment on the matters before it. It does not mean that the Board is always right. It does not mean that every resident is happy with every Board decision—we receive regular reminders from residents that some are not happy with Village operations or decision-making. However, it does mean that every resident who wishes to voice an opinion to the Board is heard and his or her comments are weighed in the balance. That openness of approach – the willingness to hear all sides of an issue -- is not something that I am convinced a partisan system would produce, much less improve.
Another benefit of our system is that there are no barriers to entry. Almost any resident can participate by simply investing the time and effort to do so. Many take advantage of the opportunity and more should. Board members are your neighbors and the issues that the Board addresses are issues for all of us in the Village. The community interests Board members share with all residents is one of the strengths of our system.
What could we all do better? Perhaps more broad-based participation in the municipal side of Village life. There are 17 municipal Boards and Councils staffed by residents who volunteer their time and effort to decide and/or advise of a variety of Village-wide issues. Approximately 130 residents give unselfishly of their time usually after full days of work and attending to their families in serving on these bodies. In addition to that formal commitment, over the course of the year, residents appear before this Board to express their views on Village issues. Also, the Scarsdale Forum and League of Women Voters provide important input in the form of generally well prepared written reports that this Board considers on budget and other issues. Still, with all this feedback, I for one have struggled with the issue of how best to get a sense of what residents really want in terms of service.
Input from approximately a few hundred residents out of a Village of 17,000 is, at least on a numerical basis, seemingly not a lot of feedback. And perhaps that is how it should be when things are running smoothly. But on the one hand, it is easy to know that residents want smooth, pot-hole free streets and to be unburdened by the threat of flooding during major rain storms. On the other hand, concern about over-development of the Village is a harder concept to put into effect. It is appears that some residents would like Scarsdale placed in a bubble, to be preserved for all time as an example of 20th century suburban life. These views are easily perceived as they come from an ardent, vocal—but relatively small number of residents. Where it gets more difficult is in balancing the potential cost of addressing that concern against the rights property owners – old and new. Residents weigh in larger numbers when there is a crisis, but other than that we tend to hear from a core group of dedicated followers who sometimes reflect only one side of a particular issue, leaving the Board to guess at what residents might say on the other side.
The time for making tough choices is now upon us. We have substantially completed the budget process for fiscal year 2014-2015. The proposed budget and those for future years will be molded by pressures driven by general economic pressures and the desires in Albany to force municipal consolidation through fiscal discipline. The State has tried to impose discipline through the misleadingly labeled property tax cap, among other things. It is misleadingly labeled because it is not a cap at all. It is an aspirational target designed to put pressure on local spending on municipal services and schools while ignoring other significant factors that cause property taxes to increase – namely, state mandated payments for pension and health benefits that are exempted from the tax "cap" calculation. As a result of these pressures, we will increasingly be required to decide what sort of Village we want and more importantly what we are willing to pay for. The choices made will directly and visibly impact the nature of life in this Village. The Village staff and the Village Board are tasked with making those choices and doing so will be difficult.
While it won't make the decision-making easier, having broader-based community input on what expectations are going forward would contribute greatly to making those choices both thoughtful and when made, better explained to residents generally. So my parting suggestion is for residents to speak up in a thoughtful, civil and constructive manner. Volunteer to serve on the Boards and Councils, or join the Scarsdale Forum and League of Women Voters if you wish to have recurring input. If that is not practical, an opportunity for public comment on any Village issue is a part of every Village Board meeting held on the second and fourth Tuesdays of every month. Hearing your voices in these ways can only help the Village in navigating what will surely be difficult years ahead.
One final comment on a personal note: I would not have even walked through the door at the first Citizens Nominating Committee meeting I addressed had it not been for the support and encouragement of my wife BK Munguía. The awareness that some CNC members had of her hard work in a variety of Village-related matters over many years were the coattails that gave me at least some creditability as a potential nominee. So BK, I thank you for creating the opportunity to serve our community and for your steadfast support of over the past four years.
Again, my thanks to the community for allowing me to serve and my best wishes to my fellow Board members, to Marc Samwick and Deb Pekarek, Trustees-elect who are here tonight and to all my neighbors for the years ahead. And with that, we should turn to the Board business at hand.
Village Trustees Elected in Scarsdale
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- Written by Sarah Schuman
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A celebration was held at the Scarsdale Women's Club on Tuesday night March 18 to recognize Deb Pekarek and Marc Samwick who were elected to serve their first two-year terms as Village Trustee and David Lee who was elected to serve a second term. The candidates, all nominated by the Scarsdale Citizen's Party, ran unopposed and voting was light with just 207 votes cast on Tuesday March 18, 2014.
The two new trustees will replace Kay Eisenman and Jon Mark, both who completed four years of service on the Board of Trustees. The counts were 197 for Pekarek, 192 for Lee and 185 for Samwick. There were several write-in votes as well, with Robert Berg receiving 2 votes and John Bensche, Robert Harrison and William Silverman receiving one vote each.
Commenting on the election, Pekarek and Samwick said, "We are very excited and really looking forward to serving our community and working to uphold the very high standards of the existing board, the mayor and village staff. We are sorry that Kay and Jon are leaving the board. They set a high bar and we will miss their wise and valuable counsel."
David Lee added, "I'm looking forward to another term. And I'm so pleased that my fellow candidates who will be joining us. They bring a lot of experience and dedication that they have already shown toward community activities, so we're lucky to have them on the board."
Text and Photos by Sarah Schuman
Homestead Tax Option Struck Down After Much Deliberation
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- Written by Ezra Lerner
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Following months of briefings, meeting and hearings, the Mayor and Board of Trustees of Scarsdale voted unanimously 7-0, on March 4, 2014, against the adoption of the Homestead Tax Option. The measure was under consideration as part of the Village-wide tax revaluation process that will re-asses the way the tax burden is distributed across Scarsdale. If passed it would have changed the methodology for assessing condominiums, so that condominiums would be assessed on their market value rather than on their potential rental income, which is the current methodology for coops.
Sounding more like judges than trustees, several of the board members spoke eloquently on the reasoning behind their votes, each offering a unique perspective on this perplexing issue. Many cited the undue tax burden that would be placed on the condo owners of Christie Place in exchange for a minimal benefit to owners of Scarsdale single family homes. Since the intent of the Homestead Tax Option legislation is to rebalance the tax burden between commercial and residential properties following a revaluation, some felt it was wrong to apply this option to reclassify a small number of condominiums. Trustees also believed that these condo-owners had no previous knowledge that their taxes could be tripled just a few years after they purchased their units, making it a bait and switch situation. Plus Homestead would create a new disparity between the valuation of condos and coops, and there is a lack of sales history data to properly assess the condominiums at fair market value.
Here are excerpts from their statements:
Trustee Stacey Brodsky said, "As everyone who has followed this debate knows, the adoption of Homestead will not eliminate disparities since coops will continue to be taxed using the income based valuation method whether or not the Homestead provision is enacted. Because the Homestead law allows only the possibility of revaluing condos using market value, it creates a disparity in the real estate valuation method and consequent real estate tax treatment of condos versus coops." ..."With the Homestead Option, we would be proposing to increase property taxes on the condos some 100 to 200% based upon assumptions about market conditions that we have not previously had and have no experience with in Scarsdale. My concerns about the valuation process are underscored by the age restrictions limiting Christie Place condominium ownership, which affect the universe of buyers eligible to purchase a unit.... We, the village board, simply lack the power to treat all owners of property the same way; therefore, to my way of thinking, the analysis to support the Homestead option must go deeper than broad assertions of fairness."
Calling this one of the most difficult decisions she has had to make on four year on the Village Board, Trustee Kay Eisenman said, "Fairness in applying the law is not always equivalent to fairness to individual persons. In this case the law evenly applied to all would not impact all equally. Condo owners would share an unequal burden of economic change and endure a great financial burden when these rules are implemented." She then answered those who argued that diligent condo buys should have known that a tax increase was possible, saying, "These owners, unlike home owners, had no inkling that reval could so drastically change their lives. Frankly I don't know if anyone was aware of this, or saw it coming, because it was never part of the discussion about reval, which I recall was thorough and extensive. ... This seems to me inherently unfair and a game changer for those owners. ... My vote was cast because I could not in good conscience decide to do something that, while permissible under the law, feels morally corrupt and a poke in the eye to people who had every right to expect that they purchased their homes in an open and fair process."
Trustee Jon Mark discussed the shift in the burden that would be caused by the adoption of Homestead as well as the intent of the Homestead Tax Option, saying, "In my view making a fundamental change in the methodology used to assess condominiums that produces a significant tax dollar burden on 47 condominium units and an insignificant tax dollar benefit for approximately 5,300 residential properties is not a fair result. It is not comparable to the re-allocation of tax burden among residential properties that is expected to occur from the Village-wide revaluation where no change in methodology is involved.... Since we are not considering adopting the Homestead Tax Option for its primary purpose – to re-establish pre-revaluation property tax allocations among residential and other property classes, it would seem that adopting it solely to change the methodology for valuing condominiums has a punitive quality that also strikes me as unfair."
Trustee David Lee echoed some of the same concerns, saying, "We all understand that the whole point of the reval was to put all of the residences in Scarsdale on an equal footing....So it is quite troubling to consider that in the absence of our adopting the Homestead Tax Option condominium owners at Christie Place will benefit from a method of calculation that undercuts the equal footing concept.... Yet, what ultimately governs my vote is that I believe there is a principled reason for singling out the residents of Christie Place. In my view the residents of Christie Place had a reasonable expectation that their property taxes were correctly calculated and would not double or triple in size within a very short number of years. They could justifiably believe that the newly computed assessments on their property were reasonably accurate and not subject to huge swings in the near future....I distinguish their situation from that of a buyer of an old home with a low assessment who is now subject to a dramatic swing higher in taxes. That buyer either knew or with only a modest amount of discussion on the subject would have known he or she was simply enjoying the good fortune of an outdated assessment."
"I am not willing to say that the Christie Place residents should have done their homework better to discover the existence of the Homestead Tax Option...Nor am I willing to say that if they have a complaint it is with the developer to whom they overpaid for their apartment or it is with their real estate attorney who failed to advise them of this possibility. ... The adopted plan would be harshly inequitable.... An exception must be made in this case to prevent an injustice."
Trustee William Stern noted that while he did not agree that there would be a decrease in the value of the Christie Place condominiums, he grouped condominiums and coops as, "Fungible housing," which should not be treated differently by raising the tax rates on one and not the other.
Mayor Robert Steves had the final word before the vote, again citing the, "disproportionate impact," the taxes would have on a small part of the community. He went on to say that it is important that the Board of Trustees is, "Careful not to start setting different demographics against each other." He made clear that he in no way felt any tax laws were created illegally, or used to foster backdoor or illegal dealings. In his interpretation of the re-evaluation, Mayor Steves said, "The law recognized circumstances to re-evaluate and gave the village the power to do that," going on to describe the methodology used in previous evaluations as consistent with the one used across the state.
Advocates for Homestead continued to present arguments for its adoption. They touched upon the necessity for fairness in the tax code by citing the need to tax everyone at the same level. Robert Berg claimed that everyone deserved the, "Opportunity for equal protection under the law," Lambasting the tax option as, "Unfairly benefitting Christie Place residents since 2008," Mr. Berg also made a direct plea to the Board, not to let their sympathy for the plight of the Christie Place owners influence their decision.
Robert Selvaggio called for taxes to be "levied in an equitable way," saying, "we are all paying for the people who live in Christie Place. Selvaggio said, "I don't want to pay my friends taxes anymore than they want to pay my kids college tuitions." He continued saying, "We hate to see anyone's taxes rise," and called a vote against the Homestead Tax option as a, "Victory for crony capitalism."
Former Trustee Bob Harrison called for all condos past and present to be assessed at fair market value. With that said, he also noted that the yearly cost of a Christie Place condo should be taken into account when determining the increased tax rate, and that he thought, "the dollar value of condos will be maintained."
Linda Doucette-Ashman of the League of Women Voters f Scarsdale read sections of the consensus statement from the League which came out against Homestead. You can read the entire statement here:
Richard Gerwin, a Christie Place resident, cited the 116% tax increase and a potential decrease in retail value as compelling reasons to vote against the ballot measure. David Rosen, another Christie Place resident, explained his view that the arguments made in support of equal taxation had little to do with fairness, but were rather, "A cover for anti-development arguments," stemming from the fear that many condominiums would spring up due to lower tax rates.
As the lengthy debate came to a close, both the Mayor and Board of Trustee's acknowledged the gravity of the issue, and the time that was spent in order to reach their decision. With the motion voted down, the town avoided a, "Fundamental change for condo's," in the words of Trustee Jon Mark, and continued with the re-evaluation process.
Vote Today
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- Written by Joanne Wallenstein
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Two first-time candidates, Deb Pekarek and Marc Samwick, and current Trustee David Lee, have been nominated by the Citizens Nominating Committee for election to the Scarsdale Board of Trustees on Tuesday March 18. If elected, the two new nominees will fill the seats of Trustees, Kay Eisenman and Jon Mark, who will complete four years of service on the Board of Trustees this spring. David Lee, who is completing his first two years on the Board will serve an additional two year term.
We took this opportunity to learn more about the candidates so that we could introduce them to you and encourage you to vote at Scarsdale Village Hall on Tuesday March 18 from 6 – 9 am and noon -9 pm. There will be a reception for the newly elected Board members at the Scarsdale Woman's Club at 8 pm, following the vote.
David Lee:
Tell us about your professional career:
I practice trusts and estate's law, with a focus on tax planning. I began my legal career at two large law firms and then moved to my present, small firm in mid-town Manhattan. What I especially enjoy is the wide range of issues that arise in this family-oriented field of law. I attended Harvard College (B.A. degree), Columbia Law School (J.D. degree), New York University (L.L.M. degree in Taxation).
What were some of the highlights of your experience as a Village Trustee for the past two years?
What I find most interesting is the breadth and variety of issues faced by the Village – land development, storm water mitigation, infrastructure concerns regarding roads, sewers, and parks, the individual concerns of residents, and of course, our biggest challenge – the Village budget.
What enriches the experience is our terrific Village staff who provide us with materials and background information to help us become informed on the issues at hand. Being on the board has been a hands-on course in municipal government, watching its many moving parts, and addressing policy issues as they arise.
What ultimately makes the experience so positive, however, is working side-by-side with others on the board who bring experience and intelligence to the table, an interest in working together with one another in addressing the issues, and a shared love and appreciation of Scarsdale.
Working as a trustee, however, is a time-consuming proposition. Although there is the occasional week when we have no meetings, most weeks have anywhere from one to three evenings where we are either together as a board or attending the meeting of one of the several Village boards or councils to whom we each liaise. For example, I serve as the board liaison to the Advisory Councils of the PRC and the Scarsdale Seniors, the Youth Advisory Council, the Teen Center, Scarsdale Edgemont Family Counseling, and the Scarsdale Drug and Alcohol Task Force.
But it's like anything else – if you find the work interesting, as I do, you enjoy the time you put in and it's rewarding.
How long have you lived here? And what do you like about Scarsdale?
I have lived in Scarsdale for a total of 39 years. I grew up in Scarsdale, graduating from Scarsdale High School, as did my wife Cathy, and, in 1990, when our first child (Rachel) was on the way, we moved back to Scarsdale. Rachel is now one year out of college (Bates College) and our son Matthew is a junior at Brandeis University.
There's nothing very surprising about what we like about Scarsdale – the great schools, the beautiful open spaces, trees, and homes, and the terrific public facilities – ball fields, parks, the pool, and the library.
What do you see are some of the key issues facing the Village?
First, budgetary issues. How can we preserve what's special about Scarsdale -- the quality of our Village services and schools (although the schools of course are not a Village board issue) and tend to our town's infrastructure needs –- while minimizing property tax growth. In short, how do we keep it reasonably affordable to live in Scarsdale while maintaining its high quality?
Second, how can we avoid over-development in the Village – where houses take up so much of their lot or have so much bulk - that we lose the beauty and charm of open spaces between homes – without unduly limiting individual property rights. We need to be thinking about what we want Scarsdale to look like 30 years from now.
What issues did you work on during your first term?
This year's work for me, as Chair of the Board's Law Committee, has meant learning the intricacies of certain areas of the Village Code, as the Board works to improve our laws on historic preservation of homes, to preserve the look and character of our Village with adjustments to our land development rules and procedures, and to regulate the installation of DAS technology (distributed antenna systems) in our Village. The land development areas is one of the most challenging because any changes to be made to help maintain the beautiful open spaces and greenery of our Village have to fairly take into account our residents' individual property rights.
What are you looking forward to during your second term?
Completion of the some of the projects that are well underway, such as those involving historic preservation and adjustments to our land use regulations, as well as the implementation of some infrastructure plans, such as some storm water mitigation projects and renovations to some of the Village's buildings.
Anything else?
It's amazing, with term limits, how quickly you become one of the senior members of the board. I'm just now finishing my first two-year term, and, assuming I'm re-elected, I'll be third most senior board member, with Jon and Kay now finishing their time on the board. While that means we lose experienced hands pretty quickly, I think it's a good thing to share our Village's leadership among more of our residents. And, fortunately, the professional staff provides the continuity with their experience and institutional history in seeing that the Village runs smoothly.
Deb Pekarek:
Tell readers something about your background and your previous service to Scarsdale?
Jon, Jeff and I moved to Scarsdale from San Francisco in 1992 when Jeff entered the 3rd grade at Greenacres Elementary. I joined the PTA, continued my membership with the Junior League and enrolled in Manhattanville in the Master Program in Teaching. My undergraduate degree is in Business but I had been interested in education when we lived in Denville, New Jersey, Coral Gables, Florida and San Francisco, Ca., where I helped create and implement a peer tutoring program at an elementary school there.
I completed my masters in 1995 and then taught for almost 10 years in Westchester and the Bronx as an elementary education teacher, which I quite loved!
What is your professional training – and what were some of the volunteer projects you worked on that you most enjoyed?
I worked in Product management for Nabisco, CPC, and Savarin Coffee for about 12 years and then took some time to devote to family and community service. I was a member of the Junior League across the country, President of the Women's Auxiliary at the Kessler Institute for Rehabilitation where we introduced a very successful Golf tournament. When we moved to Coral Gables I was able to use that experience to create a successful golf tournament for the Miami Children's Hospital.
In Scarsdale, as President of the Greenacres Neighborhood Association (GNA), a sub-committee began to work on improving some of the nine traffic islands. In a great collaboration with the Village, GNA, Friends Of the Scarsdale Parks, Eti Katoni, a Landscaper who donated her expertise and interested neighbors, we designed and planted a beautiful, sustainable and drought tolerant garden that is attractive, provides a vibrant habitat for a host of critters, is dog friendly, and is a location for lemonade stands! There are a few of these refreshed islands in Greenacres and it is a small testament of a community working together to improve their environment.
I also enjoyed my service to the League of Women Voters as Chair of Planning & Zoning and was energized by studying the possible Roundabout, Fair and Affordable Housing, Distributed Antenna Systems Zoning Code Amendments. Organizing public meetings where the community was presented information about these issues and where they were able to clarify their understanding is important to me. And the League process of consensus and thoughtful study of many issues affecting the Village is quite extraordinary. I learned so much from my association with the League.
What do you see are some of the key issues facing the Village?
The issues that face the Village, some annual, some unique – the budget with the constraints of the tax cap, overwhelming increases in healthcare and pension costs and a variety of other "unfunded mandates", balancing individual and Village wide projects and needs, grappling with an aging infrastructure and issues like the Homestead tax option – is certainly a challenge.
What issues are you looking forward to working on?
Right now I am really focusing on the Budget, getting to understand the scope of the "job", understanding the Village structure in great detail, observing the Trustees and Mayor at work and getting to know the people I will be working with better. This is the first time I have attended all the Budget meetings which are all public meetings. The budget detail that the Village staff prepares and presents is quite extensive and to me, quite impressive.
Anything else?
I am a big proponent of the non-partisan system and served on the School Board Nominating Committee for many years. Of course as with any system there is always room for the consideration of improvements but I would not have decided to "volunteer" in a partisan system. In order for this system to continue to be robust we really need many Village residents to volunteer, either with time or contributions to keep the system working. And of course it is imperative that everyone exercise their right to vote on election day!
Marc Samwick:
How long have you lived in Scarsdale and what do you like about it?
My wife Cynthia and I moved to Scarsdale in 1997 and have discovered first-hand what a wonderful place Scarsdale is to raise our family of three boys, Jason, Oliver and George.
The Scarsdale community is a remarkably giving community - with waves of volunteers coming forward to serve and improve our community.
Tell us about your education and your professional background:
I graduated, with honors, from Union College with a BA in Economics. I received an MBA, with honors, from Columbia University Graduate School of Business. I am a real estate investor and developer focusing on properties in New York, New Jersey and Connecticut.
I formerly worked for Capital Trust, Fleet Bank (now part of Bank of America) and Chemical Bank (now part of JP Morgan Chase). At Capital Trust, I originated mezzanine investments on properties throughout the United States. At Fleet Bank, I worked out problem real estate loans. I completed Chemical Bank's formal credit training program and originated commercial real estate financings.
Tell us about you community activities:
I am currently an Alternate on the Scarsdale Planning Board and recently completed service on the Board of Scarsdale Little League. One of the highlights of my time on the SLL Board was a program I originated to Coach the Coaches. This program is designed to give coaches a solid base of fundamental baseballs skills to provide the children with a higher level of baseball instruction throughout the entire baseball season. I have coached over 20 baseball teams in Scarsdale. I also serve on the Finance Committee of Westchester Reform Temple.
I enjoy teaching and co-authored and taught a case study on complex real estate ownership at Columbia Business School and interview potential candidates for admission at Columbia Business School.
What do you see as the most important issues facing the Village Board?
One of the most pressing issues facing our community is managing the budget with the pressures to maintain and enhance services while managing the tight revenue constraints coming from Albany, the loss of interest income as a revenue source and the realities of the current economic environment. Scarsdale is very fortunate to have a very talented and committed Mayor, Board and Village staff.
Reval Data Demonstrates Inequities in Village Assessments
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- Written by Joanne Wallenstein
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Some preliminary summary data on the village-wide tax revaluation is now available – and the results are a bit surprising. John Wolham from the NYS Department of Taxation and Finance appeared at a special meeting of the Town Board of Scarsdale on February 25 to review the numbers and put the revaluation into context.
He explained that residents will not receive notification of their individual assessments until late March, and that those notices will show what their taxes would have been in 2013 (based on the 2012 assessment) using the new assessments from the revaluation. Actual tax bills based on the new assessments will not go out until April, July and September of 2015. Beginning April 2, those who believe their assessment is incorrect will have the opportunity to make appointments to go to Village Hall to state their case.
Wohlman presented a series of charts analyzing the overall revaluation and below is a chart that summarized the data.
Basically the chart above shows that currently 43% of homeowners are paying more than their fair share and will see a reduction in their taxes. The chart shows that 682 homeowners (12.79%) paid $2,000 - $3,500 more than they should have, 538 (10.09%) paid $3,500 - $5,000 more than their fair share and 1,101 (20.65%) paid more than $5,000 per year above their newly assessed value.
On the other side of the chart approximately 24% of homeowners were being subsidized by those who were over-assessed. The chart shows that 348 (6.53%) of homeowners can expect their taxes to go up by $2,000 - $3,500, 239 (4.48%) will see an increase of $3,500 to $5,000 and 726 homeowners, (13.61%) will see their taxes go up by more than $5,000 per year.
In the middle of the chart, 1,699 homeowners (31.86%) will see their taxes vary from -$2,000 to +$2,000.
As it's a zero-sum game for the village and a redistribution of who pays what, the total amount of the decrease for the over-assessed has to equal the total amount of the increase for the under-assessed. The 1,313 owners on the right hand side of the chart who will pay more in the future are outnumbered by the 2,321 owners who are getting decreases, so the average increase should significantly exceed the average decrease.
This data assumes that the Village does not adopt the Homestead Tax Option. If the Village does adopt Homestead, a back-of-the-envelope estimate shows that owners of single family homes would see an average decrease of $142 per parcel, while the condo owners at Christie Place would each pay an estimated $12,700 more per unit per year.
Commenting on the data, Wohlman said, "It appears that more people were overtaxed to fund others who were under-taxed. For those questioning why the Village needed to do the reassessment, here is your evidence. There is a tremendous amount of shifting between classes, demonstrating why a reassessment needed to be done."
Additional charts analyzing shifting between classes of real estate, with and without the Homestead Tax Option are available on the Village website here.