Not So Fast: County Legislature Delays Vote on new County Assessment Commission

Posted on June 22, 2009 by John Bailey

WPCNR COUNTY CLARION-LEDGER. By John F. Bailey. June 22,2009 UPDATED June 23, 2009 12:20 P.M. E.D.T.: With a single uttering of the word “Over,” County Legislator Tom Abinanti delayed consideration and a vote scheduled this morning by the 16 members of the County Board of Legislators of establishing a Westchester County Assessment Commission to upgrade data and assessment standards, that county area assessors and city managers said could lead to considerable increases in county and municipal assessibles

Ken Jenkins, the Legislator and Chairman of Government Operations offered this explanation of the “Over” Rule to WPCNR Wednesday:

By rule, any Legislator can “lay over” an item. The motion is not debatable. There are no changes that I plan to make to the Resolution.

Clearly the State Office of Real Property Services, the Westchester Municipal Officials Association and the Westchester Chapter of the NYS Assessors Association support this resolution. The item does appear have enough support to pass when it appears as unfinished business at the July 7th meeting.

Lloyd Tasch, President of the Westchester Chapter of the NYS Assessors Association, said the Association did not have a statement regarding the “over”.

Jenkins assured WPCNR that an item can only be “over’d” once so the item will be on the July 7 agenda for a vote. He also acknowledged some pressure from business groups may be being put legislators, in a written statement, Jenkins wrote WPCNR:

Legislators at every level get lobbied by interest groups all the time – so this is not unusual.

I believe that some legislators would like to move towards enacting legislation for county-wide revaluation. So they do not want to support what has been acknowledged by the real property assessment experts as a reasonable and responsible first step. Some may be feigning a better solution but are actually using procedures to delay.

As far as this legislation is concerned, my view as Committee Chair is that the delay in action until July 7th will not impact the goals of the resolution. I also expect that there is a set of best practices to develop a model for Westchester that will come quickly as we wait for the next available window to perform the photography (late fall ’09 or spring ’10).

The uttering of “Over,” by Mr. Abinanti, with no explanation to the public by either Mr. Abinanti or Chairman of the Board of Legislators came after a succession of assessors from Ossining, Yonkers, and city managers from Scarsdale and Ossining, and a representative from the Department of Real Property Services had spoken praising the legislature in advance, under the impression the establishment of the Commission, with its attendent appropriation for conducting oblique photography of all propertyies, commerical and residential in the county would up date assessment data characterized as fifty years out of date.

Assessors sitting in “Assessors Row,” expecting a passage of the resolution establishing the Commission, especially after a Board of Legislators’ press release issued Friday touting the possible passage of the Commission, were stunned.

WPCNR has contacted Mr. Abinanti’s explanation for the tabling of the resolution. Any legislator can prevent an item from coming to a vote by calling for an “over” which moves the resolution to the July Board of Legislatures meeting.

One of the speakers at the Citizens to Be Heard portion of the County Board of Legislators, the Assessor form the City of Yonkers, said Dade County Florida, found $1 billion of additional assessments based on a $1.2 Million expenditure of such a oblique photographic survey in $1 Billion in changes to property characteristics that were not on record.”

The “Overing” of the resolution comes two weeks after County Executive Andrew Spano called for a revaluation of Westchester county as an answer to establish fair and equitable property taxes.

School Budget on Track to Hit $194 Million and rising in 2010-11

Posted on June 21, 2009 by John Bailey

WPCNR SCHOOL DAYS. By John F. Bailey. June 21, 2009 UPDATED WITH SCHOOL BOARD AGENDA, 2 P.M. E.D.T. UPDATED 2:27, LAST PARAGRAPH WITH DETAIL: Monday evening the Board of Education meets to approve a new three year contract with the White Plains Teachers Association. After 18 months of stalled negotiations.

The teachers apparently have walked away with what they wanted in the first place: a contract that makes up for the 17% increase in costs of medical benefits they allege have happened to erode their wages the last two years, plus an Earnings Schedule that has been lifted across the board by 2% (retroactive to this year) and 2% next year and 1.25% in 2010-11. Although WPCNR has been told there is a provision in the settlement to lift that 1.25% to 2 1/2 percent in the spring of 2011.

The effect of the raises coupled with a projection of 9.6% in medical costs, projects a school property tax increase of $450 on the average White Plains home with a market value of $650,000 to$700,000 before factoring in other cost increases over the next yearin 2010-11. If assessments decline another $5 Million by next January (as they did this year) that $450 increase in school taxs goes up to $609 in 2010-11 just to make up the loss in the tax base.

It is reasonable to assume the union would balk at any attempts to scale back the ratio of the longevity and rewards for pursuing degrees in an Earnings Schedule that makes teachers in comparable school districts long to be a White Plains teacher.

The 5.5 percent wage increase and an expected upturn in health care costs of 10% (as reported nationally last week) saddle the school district as a result of this settlement of $5.5 million in salaries and roughly $3.4 Million in benefits costs if the benefits costs go up 10% due to market factors(not counting the union “givebacks” of paying 8% and 9% of health benefits this year and next.

These two trends alone — the 2% (actually 5.5%) raise and the projected benefits costs) create an increase of $9 Million in the budget before expected increases in retirement contributions, before utility increases, before increase in debt service, and before making up any drop in the city assessment roll.

PriceWaterhouseCoopers Health Research Institute projects a 9.6% increase in medical costs in 2009, and does not have a forecast for 2010 as yet.)

The result is that the median White Plains home of an under-65 taxpayer in a home with a market value of $650,000 to $700,000 will see a property tax increase to $8,442 in 2010-11, up $450 from this year’s property tax of $7,992. (This means an increase in the $515 per thousand of assessed value tax rate we start paying July 1 to an increase of $533 per thousand in 2010-11.)

On the other hand, if as City Assessor Lloyd Tasch told WPCNR last month, the city loses another $5 Million of the tax roll (as it did this year)as Tasch predicted, that tax goes up $609 to $8,601 and the tax rate per thousand dollars of assessed value goes up to $543 per $1,000.

Senior citizens over 65 will see less of a tax increase because their Enhanced STAR Exemption is higher.

The point of this is that new Superintendent of Schools Christopher Clouet has to start looking at the 2010-2011 budget from Day One, perhaps slowing the rate of spending to ready the district for the budget shocks coming from the Retirement Benefits increase (warned of Comptroller Thomas DiNapoli), and the laundry list of other expenses.

If the city should dodge the certiorari express headed down the track at next year’s assessment roll and assessments stay at this year’s level of $286.8 Million, then the district settlement and benefits will only cost the taxpayer who owns a $650,000 to $700,000 home the lower $450 increase (plus whatever all the other budget factors cost).

The 2 percent plus the built in longevity raises has the effect if raising the salaries of the district 16% over the three year length of the contract, 5.5% a year. If from what we here the last year of the contract may increase to 2-1/2%, though now reported by the Superintendent of Schools as 1.25%, that’s a 17% increase by 2011-12.

The 5-1/2 percent occurs thanks to automatic years of service increases and rewards for advancing towards academic degrees (Masters and Ph.ds) presents in pay of 16 percent. It is true they increase their share of health benefits to 8% this coming year and 9% in 2010-11, but this amount to about $100 this coming year, not a bad tradeoff for the pay increases.

The increase of 2% in the salary scales means that if no teacher advances at all in credits towards degrees, all still get a 3.5% longevity increase plus another 2%, increasing salary 5.5% to in some cases, 5.8% for 2008-09, and another 5.5% in 2009-10 and 4.75% in 20010-11. Total raise: 15.75%.

If the as-reported-to us-raise to 2-1/2% in 20010-11 POSSIBLE in mid year is correct and granted, the full increase through 2010-11 is 17%.

The Board of Education Agenda for Monday Evening at Education House:

SPECIAL BOARD OF EDUCATION MEETING

Monday, June 22, 2009

Education House

7:30 P.M.

AGENDA

PUBLIC HEARING ON CONTRACT FOR EXCELLENCE PLAN FOR 2009-10

I. Opening of Meeting:

Pledge of Allegiance

Oral announcements by the Board President, Board Members

II. Communications:

III. Public Participation: (The Board will entertain comments from the public on any issue, with a time limit of three minutes per person, and a maximum total of 25 minutes.)

IV. Superintendent’s Report:

Strategic Plan

Capital Project Update

Class Size

Acknowledgement of State Comptroller’s follow-up report

V. Summary Action Items:

1. Recommended approval to arrange for the appropriate program and services for students

with disabilities, as recommended by the Committee on Special Education: 2 cases, as

per attachment.

– 2 –

2. Recommended approval to add the following to the list of organizations permitted use of facilities: White Plains Wrestling Club, St. Thomas Orchestra, White Plains Tiger Youth Group and Planet 90 Soccer.

3. Recommended approval of a consultant agreement with Dr. Louis McIntyre for Physical Exams.

Civil Service Staffing:

4. Recommended approval of the termination of employment of Isela Chacon, Food Service

Helper, Post Road School, effective 6/23/09.

5. Recommended acceptance of the resignation of Shirley Harris, Food Service Helper,

High School, effective 6/23/09.

6. Recommended approval of the placement of the following on the preferred eligible list,

due to abolition of positions:

Brian Artis, Security Assistant, effective 7/1/09

Manolin Arismendez, Security Assistant, effective 7/1/09

Linda Donahoe, Office Assistant I (.40), effective 7/1/09

Frank Fontanello, Director of Security, effective 7/1/09

Susan Werner, Parent Information Center Assistant, effective 7/1/09

7. Recommended approval of title changes for the following positions:

3 Secretary positions to Office Assistant II effective 7/1/09

1 Secretary position to Office Assistant II effective 11/1/09

1 Requisition Control Clerk position to Office Assistant II effective 7/1/09

8. Recommended approval of the 26-week probationary appointment of Sergio Martinez, Senior Custodian, George Washington School, effective 5/20/09 (has been serving

provisionally).

9. Recommended approval of the permanent appointment of Frank Fontanello, Security Assistant, current location Middle School-Eastview, 7 hours per day, effective 7/1/09, resulting from the abolishment of the Director of Security position (replacing J. Palma).

10. Recommended approval of the substitute appointments as per Board approved

“Substitute, Summer School and Supplemental Rates” as per attachment.

Teacher Staffing

11. Recommended acceptance of the resignation of Leanne Archambault, Teaching

Assistant, George Washington, effective 8/31/09.

12. Recommended approval of the appointment* of district-wide substitute Teaching

Assistants, as per Board approved “Substitute, Summer School and Supplemental Rates,”

Jackie Simmons

– 3 –

13. Recommended approval that the following Teaching Assistants with least seniority in the

Teaching Assistant tenure area, whose positions are being excessed effective 6/30/09, be

placed upon the Preferred Eligible List for 7 years, effective 7/1/09:

Camille Marquis

William Calvin Miller

Joyce Romero

Phyllis Arcuni

Elisa Groglio

Nubia Gonzalez

Sandra MacGregor

Margie Soto

14. Recommended acceptance of the resignation for the purpose of retirement of Linda

Dolinko-Gold, Elementary Education Teacher (Instructional Specialist K-5), Church

Street School, effective 7/1/09.

15. Recommended approval of a request for an extension of childcare leave for Nicole Reis,

English Teacher, High School, effective 7/1/09-1/31/10.

16. Recommended approval of the appointment of Julie Pastore to the position of Adult Education Program Supervisor-Evening Program (10 hours per week), Adult &

Continuing Education Program, effective 9/9/09-6/23/10.

17. Recommended approval of the appointments of Louise Perret and Nancy Blaney to the

position of Adult Basic Education ESOL Teachers, Adult & Continuing Education Evening Program, Rochambeau School, effective 7/6/09.

18. Recommended approval of the appointment of Nancy Blaney to the position of Adult Basic Education ESOL Teacher, Adult & Continuing Education Traditional Day Program, Rochambeau School, effective 7/6/09.

19. Recommended approval of compensation for the following, as per attachments:

a) 2008-09 Summer Professional Development Activities, Staff Development Center

Activities, and Technology Institute Activities stipends

b) 2009 Summer School appointments

c) 2008-09 Interscholastic-Co-curricular appointments

d) 2009-10 Technology appointments

20. Recommended approval of the Probationary appointments of:

Donna Killian* (Replacing L. Harris-Shoulders)

BS – New York University (English Education)

MLS – St John’s University (Library Science)

Certification: Initial, Library Media Specialist & Permanent English 7-12

Tenure Area: School Media Specialist (Library)

Current Assignment: Middle School-Highlands, Library Media Specialist

Probationary Period: 8/31/09-8/30/12

– 4 –

Steven Seltzer* (Replacing E. Zuch)

BA – SUNY/Oneonta (English)

MS – College of New Rochelle (Special Education)

MS – College of New Rochelle (School Administration & Supervision)

Certification: Permanent, Special Education

Tenure Area: Special Education

Current Assignment: Districtwide, CPSE/CSE Chairperson

Probationary Period: 8/31/09-8/30/12

VI. Other Action:

1. Recommended approval of a contract between the White Plains Teachers Association and

the White Plains City School District, effective 7/1/08-6/30/11.

2. Recommended approval of the probationary appointments of:

Tashia A. Brown* (Replacing A. Chestnut)

BS – University of Vermont (Elementary Education)

MS – New York University (Education Administration)

Ed.M. – Columbia University (Curriculum & Teaching)

Certification: Provisional, SAS, ESOL & Permanent, Elementary Education N-6

Tenure Area: Elementary Assistant Principal

Current Assignment: Assistant Principal, Ridgeway School

Probationary Period: 8/1/09-7/31/12

3. Recommended approval of a reduction in position from 100% to 50% of full time, effective 7/1/09, for the positions of: Coordinator, Testing, Evaluation & Funded Programs (State Magnet School funds) Director, PreKindergarten Program

4. Recommended approval of a reduction in position for Lucia De Rosa, Director, PreKindergarten Program, from 100% to 50% of full time, effective 7/1/09.

5. Recommended adoption of White Plains High School’s Code of Conduct for staff,

developed by a WPHS Faculty and Administrative Committee, to be implemented in the

2009-10 school year.

6. Recommended acceptance of the Internal Auditor Report for the 2008-09 school year.

7. Recommended approval of Undesignated Fund Balance and establishment of 2008-09 Tax Certiorari Reserve.

8. Recommended approval of counsel’s recommendation for a resolution pertaining to tax

certiorari settlements.

9. Bids and contracts: exterminator services; security alarm monitoring and repair; fire alarm monitoring and repair; relocation and installation of fiber optic cable at Post Road School; printing of Adult Education Bulletin.

10. Recommended approval of a contract with Bootleg Productions for use of district facilities for filming.

11. Recommended approval of the Joint Facilities Agreement between the City of White Plains and the White Plains City School District.

VII. Board Discussion:

1.&

Hal Masback: A Restrospective. First Democrat elected to Common Council

Posted on June 20, 2009 by John Bailey

WPCNR MILESTONES. From the Masback Family. June 20, 2009: Harold E. Masback, Jr., 82, a long-time White Plains resident, automobile leasing executive, public servant, and former White Plains City Councilman, died June 17 at his home in White Plains. He had Amyotrophic Lateral Sclerosis (ALS).

Hal Masback, 1970, about the time he was elected to the Common Council as the first Democrat to hold a Common Councilship. Services will be held for Mr. Masback at 11 A.M. Monday morning at the Chapel in the Woods, Temple Kol-Ami, White Plains. Photo, from the Masbach Family Collection.

Born July 16, 1926 in Manhattan, NY, “Hal” Masback was a graduate of the Georgia Institute of Technology. His tenure at Georgia Tech was interrupted by his service in the United States Navy in World War II, from 1944-1946. During the war, Masback served as an aerial gunnery instructor and played for the All-Navy Baseball team, replacing Stan Musial at first base for the East Coast squad. Upon his return to Georgia Tech, Masback managed the Cross Country and Track & Field Teams, an experience that presaged a long and distinguished career organizing track and field championships such as the Women’s AAU Championships, and the Glenn D. Loucks Memorial Games, officiating at West Point and the Millrose Games, among many others.

After graduating from Georgia Tech with a Bachelor of Science in Industrial Management, he joined his family’s business, Masback Hardware, then the largest wholesale hardware distributor on the East Coast. He went on to found and lead businesses engaged in lawn and garden equipment, recreational equipment and motorcycles, and automobile leasing.

Hal Masback served his community in many different capacities. In 1964, he helped found White Plains Boy’s Baseball, serving as its first Chair and President for over six years. He was appointed to the Mayor’s Recreation Advisory Committee in 1966, and was one of the founders of the White Plains Touchdown Club.

In 1969 he and a fellow Democrat were elected to the White Plains Common Council, the first of that party to be elected to any office in the history of the city. He subsequently ran unsuccessfully for Mayor of White Plains.

He was instrumental in the founding of the White Plains Youth Bureau, and remained engaged with that organization continuously throughout his life. In 1999, he was appointed to serve on the board of the White Plains Downtown Business Improvement District, and recently served on the WESTHAB Committee for homeless families and as the President of the White Plains Exchange Club. For his service, he was the recipient of numerous civic honors.

Hal’s first marriage to the former Iris E. Alford ended in divorce. Masback subsequently married Caral Rosenbaum and they resided in White Plains, operating Caraleasing, Inc. together until his death.

Survivors include his wife, Caral Rosenbaum Masback; three sons, Harold E. Masback III of New Canaan, CT, Craig Masback of Portland, OR, and Keith Masback of Alexandria, VA and seven grandchildren.

A memorial service will be held on Monday, June 22, 2009 at 11:00 am at The Chapel in the Woods, Congregation Kol Ami located at 252 Soundview Avenue, White Plains, NY 10606. Interment will follow at the White Plains Rural Cemetery, 167 North Broadway, White Plains, NY 10603.

In lieu of flowers, memorial gifts can be made to the Harold E. Masback, Jr. Youth Recreation Scholarship Trust, 85 Gedney Way White Plains, NY 10605

Calls for Transparency on Timely Disclosure of Tentative Settlements

Posted on June 20, 2009 by John Bailey

WPCNR ALBANY ROUNDS. June 20,2009: In light of the revelation that governments and school districts have been violating the Freedom of Information Law when they withhold tentative settlements of labor contracts from the media and the public until they are ratified, WPCNR presents the testimony of Empire Center research, Lise Bang-Jensen’s February testimonty before the New York State Legislature Joint Legislative Committee detailing some of the pitfalls this practice creates for city governments and taxpayers.

Ms. Bang-Jensen’s testimony:

Lise Bang-Jensen Testimony: Collective Bargaining Agreement Secrecy

Before the Joint Legislative Budget Committee

Complete report in PDF format

February 04, 2009

My name is Lise Bang-Jensen. If my face looks familiar to many of you, it may be because I spent hundreds of hours in this very room covering fiscal hearings like this one when I was a reporter-producer for Inside Albany.

I am currently senior policy analyst for the Empire Center for New York State Policy, which is a project of the Manhattan Institute.

At the Empire Center, my chief focus has been on public sector employment issues and government transparency. I am the principal writer of a blog called NY Public Payroll Watch. I also was involved in creating the Empire Center’s nationally recognized transparency web site, SeeThroughNY.net.

Launched July 31, 2008, the site enables citizens with access to a computer to search the:
•   State payroll, the NYC payroll and the payrolls of 19 larger state public authorities (including the MTA, Port Authority and Thruway Authority);
•   Teacher union contracts of the state’s 733 school districts and BOCES;
•   School superintendent contracts;
•   Legislative office expenditures; and
•   Legislative member initiatives.

Government Transparency

The Empire Center created SeeThroughNY.net to increase government transparency. We also wanted to offer a model for government, because we believe ultimately state and local governments owe it to their citizens to put this kind of public information—and much more–on the Internet.

The Empire Center is not alone in its quest for more transparent government.
The state of Missouri—the “Show Me” state–has a noteworthy transparency site. In the past year, both New York Attorney General Andrew Cuomo and Comptroller Thomas DiNapoli have created transparency sites that, while still in their early stages, show great promise. The Empire Center honored them both with our 2008 SeeThroughNY transparency award.

(Links: www.sunlightny.com and www.openbooknewyork.com)

Government transparency also is a top concern of President Barack Obama. Just one day after his inauguration, Obama issued a memorandum calling for “creating an unprecedented level of openness in government.” As a U.S. Senator, he co-sponsored the Federal Funding Accountability and Transparency Act of 2006, which puts federal contracts and grants on the Internet (www.usaspending.gov).

I would welcome the chance to talk with any of you at a later date about how New York could enhance government transparency by adopting a policy of “proactive disclosure.”

Secrecy over pending employee contracts

However, today I want to discuss an aspect of government secrecy that’s often overlooked.

Local governments and school districts frequently keep the public in the dark about one of their biggest potential expenditures—proposed salaries and benefits for their employees. Tentative collective bargaining agreements often are withheld from the public until after elected officials ratify them. By then, the contracts are done deals. It’s too late for citizens to meaningfully raise questions or debate their merits.

Such employee contracts may require huge property tax increases, especially considering that personnel costs are the largest spending category in local budgets. For school districts, they account for about 70 percent of all spending.

Citizens, who ultimately will shoulder the costs, should be able to review tentative contracts before city councils, school boards and other legislative bodies approve them. That is now the practice in many jurisdictions, including New York City—although contract details can be sketchy.

Contract secrecy — with its resulting lack of public oversight –can carry a huge price tag for taxpayers. Just ask residents of Johnson City, which is a village (not a city) of 15,000 residents just outside Binghamton. Under a shroud of secrecy, the village board approved a five-year contract raising firefighters’ salaries by 41 percent.

Johnson City, strapped by the generous firefighters contract, can’t pay its bills. Faced with making good on the contract, the village must borrow up to $1.1 million during the current fiscal year. So financially desperate is the village that there’s talk of contracting with Binghamton for fire services in the future. Or even dissolving the village.

In Utica, the school superintendent refused to reveal details of a proposed teachers contract—even after union members approved it. The memorandum of agreement was made public only after the school board ratified it.

In defending the secrecy, a school board member said, “If it’s released the O-D [Utica Observer-Dispatch] could write an editorial on what is right or wrong with the contract and influence board members votes.”

Isn’t that how democracy is supposed to work? Isn’t that why in Albany, bills must “age” three days before the Legislature can vote on them—except in emergency situations?

What school board members may have been reluctant to share with Utica taxpayers in advance is that the contract dramatically expands lifetime health benefits for retired teachers, committing the city to higher property taxes for decades to come.   Most alarming is that one day after the contract was approved, a school business official said she had yet to calculate its long-term costs. It seems taxpayers weren’t the only ones kept in the dark in Utica.

I am not here to debate the merits of the Johnson City and Utica contracts.
Instead I’m suggesting taxpayers be given a chance to put in their two cents before the contracts are set in stone.

Proposed remedies

In 2006, a Suffolk County grand jury–which spent a year probing financial irregularities of county school districts–complained about “an abject lack of transparency regarding the issue for which school districts spend the overwhelming majority of their funds—salaries and benefits for the employees.”

The grand jury urged the state Legislature to enact a law requiring school districts put copies of tentative contracts on their web sites at least one month prior to a vote by their school boards.

That is an excellent idea. In addition, advanced disclosure of tentative contracts should include:

• the net financial impact of all provisions, including annualized and cumulative costs of proposed changes in salary schedules, benefits and work rules;

• a breakdown of any savings attributed to union concessions or “givebacks”;

• proposed salary increases on an annualized and cumulative percentage basis, with a separate breakdown of average percentage increases including step and longevity increments; and

• an estimate of the projected impact on taxes over the life of the contract.

No law currently prevents local governments from releasing such details after union negotiations conclude. Unfortunately, in the absence of an affirmative disclosure requirement, it appears that many local officials are inclined towards secrecy rather than transparency in such matters.

Attached to my written testimony is a copy of my policy briefing, Lifting the Shroud of Secrecy from Public Employee Contracts, which offers further details of the proposal.

I would be happy to answer any questions.