On March 15, Sea Cliff residents had the opportunity to listen to the slate of candidates for two open Village trustee seats. Incumbents Dina Epstein, and Jeff Vitale, who was appointed to the Board by Mayor Ed Lieberman in December, and Deb McDermott are vying for two seats as Trustee. Mayor Lieberman is running unopposed for Mayor.
We posed a simple question to all of the candidates. Would they ever vote to break the 2% NYS tax cap?
Mayor Liberman emphatically stated he would never break the 2% cap.
However we wish we could say the same for the trustee candidates.
Deb McDermott stated that circumstances may arise in which she would vote to break the cap. She went on to question the 2% rule. She stated the way the State calculated the cap it could vary and even drop to a negative value. She didn’t cite any specific instances of that actually happening.
Jeff Vitale echoed McDermott’s comments in that he could not promise to never break the 2% tax cap.
Dina Epstein also did not promise, if re-elected, to preserve the tax cap.
The Village Election is Tuesday March 21

NEWSDAY: Court dismisses union suit against property tax cap

Updated September 25, 2014 9:45 PM
By YANCEY ROY  yancey.roy@newsday.com

State Supreme Court Justice Patrick McGrath’s ruling, dated Wednesday, sends the New York State United Teachers back to the drawing board in its efforts to upend the cap, one of Democrat Gov. Andrew M. Cuomo’s signature initiatives.

McGrath, of Rensselaer County, rejected NYSUT’s arguments that the tax cap is unconstitutional because it erodes local control of school finances, harms districts in low-income areas and violates the principle of “one person, one vote.”

The state’s property tax cap law, adopted in 2011, says a 60 percent majority is required to override the cap, which is set at 2 percent growth, adjusted for inflation and other factors.

McGrath said the unions’ equal protection claims were “without merit” because the supermajority override requirement doesn’t hurt voters based on race, religion or any impermissible circumstance.

McGrath also disagreed with NYSUT’s “underlying assertion that the statute deprives a district from exercising local control. A budget turned down by district voters is still an exercise of local control. ‘Local control’ encompasses both favorable and unfavorable consideration of a school district’s budget, while plaintiffs appear to equate local control with budget approval.”

But McGrath noted that NYSUT previously had sought permission to amend its lawsuit to combine it with complaints about a related tax rebate plan Cuomo and state legislators approved earlier this year. Under the plan, residents could be eligible for tax rebates if their school districts and/or local municipalities raise taxes but still stay under the 2 percent cap.

McGrath granted permission to NYSUT to amend its lawsuit and file a new claim.

The union issued a statement saying, “It is very likely that NYSUT, as permitted by today’s decision, will continue its challenge to the constitutionality of the tax cap.”

Cuomo aide Richard Azzopardi called the decision, “a victory for property taxpayers.”*IS THE ENTIRE GRAF that follows a quote from Azzopardi? If not, where does the quote start?/ts/see fix/js//”By every measure, Gov. Cuomo’s tax cap has successfully reined in out-of-control property tax increases and has been a key part of this administration’s efforts to restore fiscal sanity to this state and bring accountability and rigor to our education system,” Azzopardi said.

Vote set on $19.6 million North Shore school bond

Published: November 27, 2013 5:26 PM
By JENNIFER BARRIOS

Voters in the Sea Cliff-based district are slated to head to the polls Tuesday to decide the fate of the referendum, which would cover replacement windows, floors and roofs, security upgrades, repairs to the electrical systems and new masonry walls, among other items.

The district estimated that the bond would have no effect on taxes because it would replace older bonds that will be paid off.

“As we’re retiring debt, we’re adding debt,” said Herman Berliner, president of the school board.

But Anthony Losquadro, director of the Sea Cliff-North Shore Property Owners Committee, said the measure included too many items, including some he said were cosmetic and unnecessary.

In addition, the decommissioning of the Long Island Power Authority’s Glenwood Landing power plant, and the subsequent loss of tax revenue from it, means voters shouldn’t take on more debt now, Losquadro said.

“Send the proposal back to the board and let them refine it and pare it down and bring it back to us for another vote,” he said.

But Berliner said the list already represents the most essential repairs, and it would be more costly in the long run to put them off.

“There are no frills, no fluff, nothing like that in the bond issue,” Berliner said. “We take very seriously our fiduciary responsibilities and looked at what made the most sense in a very difficult economic time.”

The Sea Cliff – North Shore Property Owners Committee has filed a legal petition with the New York State Commissioner of Education against the North Shore Central School District citing violations of State Law with regards to the upcoming bond referendum.

 BACKGROUND

SCPOC alleges violations of N.Y.S. Law in promotion of the bond referendum to voters

SCPOC attempted to amicably resolve the issue before commencing litigation

SCPOC initially expressed our concerns with the school district’s practices in a two page letter sent to Superintendent Melnick and the Board of Education Trustees earlier last month. Our intention was to address our issues raised with the district beforehand to ensure a fair and ethical referendum vote. It was the sincere desire of SCPOC to avoid the cost and distraction of litigation for both the district and ourselves by amicably resolving the matter before resorting to legal action.  Melnick consulted with the school’s attorney and promptly responded to our letter, but in a tersely worded statement they did not agree with our position or share our concerns. Hence, SCPOC was left with no choice but to challenge the school district before the New York State Commissioner of Education to protect the interest of district taxpayers.

LIPA effort to settle tax grievance cases hits snags

Originally published: November 2, 2013 9:05 PM
Updated: November 2, 2013 10:47 PM
By MARK HARRINGTON  mark.harrington@newsday.com

Photo credit: Newsday / John Paraskevas | This file photo shows the National Grid power plant in Northport. (Oct. 28, 2010)

The authority, as part of overhaul legislation backed by Gov. Andrew M. Cuomo this summer, had given six Long Island municipalities and school districts until Oct. 20 to settle the cases, but none thus far have accepted, LIPA spokesman Mark Gross said.

“LIPA has not extended the deadline for the offer and is moving forward with the litigation,” he said in a statement. And while noting that none of the parties has settled to date, he added, “LIPA remains open to any settlement discussions related to the tax litigation.”

LIPA has proposed trimming millions of dollars in annual tax payments to each of the districts and municipalities over 10 years starting in 2014, while forgiving all of LIPA’s claims of past overpaid taxes — which amount to tens of millions of dollars more. If settlements aren’t reached and LIPA wins the challenges in court, it would result in a significantly higher bill for taxpayers, including retroactive payments for the past taxes paid based on the overassessment.

The North Shore Central School District two weeks ago filed a lawsuit in State Supreme Court, alleging that LIPA and plant owner National Grid breached a 1997 power-supply contract by filing the tax claim in the first place. It joins a similar suit filed by the Town of Huntington and the Northport-East Northport School District that claim LIPA’s original power supply contract and a letter from former LIPA chief Richard Kessel prevented the utility from challenging the assessments.

LIPA “didn’t have the right to bring them [tax grievances cases] in the first place,” said John Gross, an attorney for the districts.

LIPA says the plants — in Northport, Port Jefferson, Island Park and Glenwood Landing — are overassessed by upward of 90 percent, and have been depreciating in value for decades as they near the end of their useful lives.

Under LIPA’s proposed settlements, by 2024-25, the Oceanside Union Free School District would see a reduction of tax payments from LIPA to roughly $9 million a year from the current $13.6 million. The Island Park Union Free School District’s LIPA payment would be cut to $10 million from a current $22.2 million. And the North Shore Central School District would see taxes cut to $8 million from a current $22.6 million. The latter district is host to the Glenwood Landing power station, large parts of which are scheduled for decommissioning and demolition.

Lawyers for the districts say they would prefer to see any reduction take place over a longer period — 20 to 30 years rather than the 10 LIPA proposed.

Stephen Waldenburg, president of the Northport Board of Education, called it “regrettable” that LIPA wouldn’t extend the settlement offer given the “significant legal concerns” in the offer. “At present, we believe we have a valid pending legal claim against LIPA, but stand ready to continue our related discussions,” he said.

Huntington Town, whose Northport-East Northport Union Free School District faces a LIPA annual tax payment cut more than in half under the settlement, from $74.4 million to $30.8 million, has asked LIPA for an extension of the settlement offer to Jan. 15.

Tom Knierim, vice president of the North Shore Board of Education, said the district had “no choice” but to file suit against LIPA because “the potential impact to the district is great and it is important that we have a seat at the negotiating table.”

Not all parties presented with a settlement offer are balking. The Village of Port Jefferson, its school districts and Brookhaven Town have met with LIPA on at least three occasions on settlement talks and are close to reaching an agreement, said Margot Garant, mayor of Port Jefferson Village.

Under LIPA’s proposed settlement, the Three Village Central School District and the Port Jefferson School District would see taxes drop from $27.5 million a year in 2013 to $9 million by 2024-25. The village would see tax payments from LIPA cut to $864,806 from a current $2.5 million a year.

“We continue to negotiate in good faith,” said Garant. “We’re all on the same page.” She said she expects a settlement by early next year.

Jack Krieger, a spokesman for Brookhaven Town, said, “We are still negotiating the terms.”

“The Huntington Town Board is greatly concerned with the impact that a tax reassessment of the Northport power plant will have on residents and throughout the town,” Town Attorney Cindy Elan-Mangano wrote LIPA on Oct. 16. The town requested information on just how LIPA reached figures for its lower tax payment.

LIPA in a letter dated Oct. 21 to the Huntington town attorney said the settlement offer “has been pending for months,” giving the parties ample time to decide “whether they would like to avoid the continued risk of litigation.”

Nassau County Attorney John Ciampoli, who is representing Nassau districts in cases involving the Island Park and Glenwood Landing plants, said, “We are always working to settle cases, however, we are also prepared to move forward and fight this case in court to protect our taxpayers.”

Officials for the Oceanside School District and the Island Park Public Schools didn’t return calls seeking comment.

Posted on  September 24, 2013

Important Meeting for Sea Cliff Residents.

On Monday, September 16 at 8 PM, the Village of Sea Cliff will be holding a public hearing over the restrictive tree ordinances previously instituted in the Village. At stake is the issue over whether or not to reverse these laws.

SCPOC Fights Overbearing Village Regulations

The SCPOC has vigorously fought against these tree regulations in the past at public hearings both in the Village of Sea Cliff and the Town of Oyster Bay. We have demanded that the Village revert back to the “old tree law,” when property owners were entitled to remove one tree per year without interference. Most notably, SCPOC Director Anthony Losquadro was interviewed on camera in August 2012 by FOX5 News on the tree ordinance issue. While Losquadro appeared on camera, no Village officials agreed to be interviewed on camera. FOX5 News ultimately interviewed Village Attorney Brian Stolar over the phone. Ominously, the dispute over tree laws was just months before Hurricane Sandy wrecked destruction in the Village with downed trees.

History on Sea Cliff Tree Regulations

In years past, property owners could remove one tree per year without any approval from the Village. The Village later moved to regulate tree removal of trees over 6″ in diameter. The Village then increased the tree size to 8″ diameter or greater. The updated regulations added sections 121-301/302; 121.501 through 121.505 and 121.701/121.702 to the Village Code.

New Regulations Create the “TREE COMMITTEE”

The regulations give the Building Superintendent and his “Tree Committee” practically full control over the trees on your property. The Committee consists of the Building Superintendent, one member of the Board of Trustees and one resident. In order to do a routine tree removal, a resident has to relinquish his privacy to this group of village officials. Additionally, it subjects property owners to the whim of the Building Superintendent by granting him overbearing authority.

For instance, the Building Superintendent can force a property owner to pay a professional arborist for an evaluation about the advisability of removal or the viability of a tree. He can also demand that replacement trees be planted, he can specify the type of tree. These demands not only add significant costs to the job, but may be against the wishes of the property owner.

Current Tree Ordinances Harm Property Owners

These restrictive tree regulations have diminished the rights of property owners, and were an attempt by the Village to micromanage your property. The regulations were written to discourage and delay tree removal, which can leave potentially dangerous or hazardous trees standing for too long. Our homes are vulnerable due to severe storms that can hit our area. Climate change is making these storms more frequent and intense. Falling trees can cause severe damage to homes, injure or kill persons caught in their path, and knock out the delicate LIPA power grid.

Take Action

SCPOC urges all Sea Cliff Residents to attend the Hearing and voice their opposition to the current tree regulations. Property owners should demand the right to manage their property without Village interference be restored.

SCPOC is not suggesting that people be given the right to “clear-cut” a property.We are saying the property owners have the right to remove one tree per year without Village approval.
Town Hall Meeting, Monday, September 16th at 8p.m.

School Election Update:

After a spirited campaign by all sides the 2013-2014 budget (3.8% increase) passed this year. The good news is that is passed with only about 500 votes, far smaller than last year’s budget approval. Voters appeared to be willing to accept a tax increase that did not exceed the tax cap. However the large number of NO votes places the North Shore School District on notice that any attempt to exceed the cap in the future will probably be rejected.

Union candidate Madden was defeated (we rated him F), Sarah Jones (we rated D) came in third place, and the Reform slate – Russo & Nightingale got elected (our A rated candidates).

Our flyer is being credited with getting more tax conscious voters to the polls than ever & SCPOC is very proud of the campaign. Of course we would have like to have seen the budget get sent back to the new board for review, but this is still a victory for the taxpayers.  Congratulations to Russo & Nightingale for a well run campaign.

I want to thank the people who donated to SCPOC whom helped pay for the flyer. Our Paypal link is still working so please consider a contribution as we are still in a deficit on this campaign.

Sincerely,

Anthony Losquadro

On April 30, 2013, six candidates for the North Shore School’s Board of Education presented opening and closing statements and answered questions from community residents. The Meet the Candidates Night was held by the League of Women Voters.

The candidates from left to right : Timothy Madden, Marianne Russo, James O’Sullivan, Sara Jones, George Pombar, & Michael Nightingale

Sea Cliff/North Shore POC was present to listen to the candidates statements, pose questions, and rate the candidates based on this information. The candidates were graded based on our perception of how well they intend to advocate for the taxpayers in the district.

Our impression of the candidates, what they said, and the SCPOC Report Card.

Note: KID = Kids in District – Candidate has children attending North Shore Schools.

Grade F: Timothy Madden. (KID) This candidate is a teacher and teacher’s union member. He made no mention of fiscal responsibility, he endorsed the flawed iPad rollout and increased foreign language programs, and he derided the teacher review process. Madden blamed high property taxes on the regressive nature of school funding, and suggested that increased income taxes were a cure. (He fails to mention the pitiful amount of state aid the NSSD receives, and that higher income taxes are no guarantee that state aid would increase to fund the district.) We have little confidence that Madden will be able to separate his personal views as a union teacher to represent district taxpayers. For these reasons we rank his candidacy with the lowest score.

Grade A: Marianne Russo. (KID) This candidate is an attorney specializing in labor and real estate law. She has a long history of working with the district by serving on various NSSD education committees. She is committed to a high quality education for our students, while also being fiscally responsible. She spoke about improving the budget planning process with a 5 year outlook instead of just planning for the short-term. She spoke about making fiscal choices wisely. She criticized the iPad roll-out as premature and costly.  Her labor law experience may make an effective contribution when it comes to collective bargaining with teacher’s unions. She was narrowly defeated in the prior year board election, and with her outlook and credentials she deserves a seat on the board.

Grade C:: James O’Sullivan. (KID) This candidate is a mechanical engineer and his current work involves management of fitness club facility expansions and overseeing large budgets. We felt this candidate answered the questions posed to him in an honest and forthright manner. He did not have a track record of serving on any committees within the district that we noted. We have some concerns over comments that he made about a wish to expand sports facilities at the schools. Given his work background he would be a natural advocate for such undertakings, which would pose a problem for overtaxed residents.

Grade D: Sara Jones. (KID). This candidate is a business owner of an online company. She cites her business experience as her main reason she would be effective on the board. When asked if she would be an effective advocate for the taxpayer she sidestepped our question. In all of her comments she made very little mention about fiscal responsibility, or how she would take on the issue of rising taxes. She did comment on expanding programs and curriculum, was a strong advocate for the iPad roll-out, and favored increasing foreign language offerings. We conclude she would be an unacceptable choice for the NSSD taxpayer.

Grade  D: George Pombar. This incumbent candidate has served on the Board for many years. He is a Bank Senior Vice-president. While very intelligent and capable, this candidate has a penchant for blaming Albany and “state mandates” for every district problem. He ignores the fact that pension and health costs can be controlled by controlling current salary costs. He voted in favor of increasing the 2013-2014 budget by 3.8%,  which we find unacceptable. He has never cast a dissenting vote on the Board that we are aware of. He defended the iPad rollout, and claimed that it saved the district in textbook costs – even while his own budget has made allocations for increasing textbook expenses. Despite this candidate’s likability and good-spirited nature, we feel the time has come for a change. UPDATE: This candidate is now apparently working in league with Madden and Jones, possible with the teacher’s union backing. This unholy alliance has forced SCPOC to lower Pombar’s grade and we feel he is now unacceptable as a candidate. 

Grade A: Michael Nightingale. (KID). This candidate is an attorney and on the Board of the North Shore District Reform Group. He has also participated on the NSSD Legislative Action Committee (LAC), and is a founding donor to the Viking Foundation –  a philanthropy dedicated to the North Shore Schools. He spoke about maintaining an outstanding school district, while also upholding fiscal responsibility. He commented that he would seek to increase Board transparency, and enact term limits for board members. He endorsed the video broadcasting of board meetings, and he believes the district should release more detailed financial records so residents can have a better accounting of expenses.  For his commitment to the school district and the community, while also showing an interest in protecting taxpayers, he earns a grade of A.

If any candidates feel they were misinterpreted or wish to offer revised statements in the SCPOC Report Card, please email seacliffpoc@gmail.org.

Updated: April 27, 2013 10:20 PM
By MACKENZIE ISSLER AND JOIE TYRRELL  mackenzie.issler@newsday.com,joie.tyrrell@newsday.com

Photo credit: Newsday / J. Conrad Williams, Jr. | Bellport residents vote during the school board elections at Bellport Middle School in Bellport. (May 15, 2012)

Two BOCES districts said they will seek new bids for election-management services for public schools after revelations that software used by scores of Long Island districts had voter-tracking technology that could be used in violation of state election law.

Nassau BOCES and Eastern Suffolk BOCES, in a joint statement, said the decision followed its review of Bold Systems LLC and “is being done to open the service to new vendors with election management software.”

New bid specifications will require that “no election management service vendor will offer any feature that allows anyone to influence the school-budget voting process,” the statement said.

Twenty-three districts in Nassau County and 35 in Suffolk have the software sold by the Bellport data-systems company, according to lists provided last week by Nassau BOCES.

Of those, 19 districts in Nassau and 13 in Suffolk use the software’s 2.0 version, which Bold advertises for its ability to provide “real-time” lists of parents and district employees who have not voted on school budgets and to generate call lists on election day. Another 14 districts have the software’s 1.05 version with the added option — called “PSK” — that heightens detailed election reporting, according to documents.

Attempts by public bodies to selectively influence voter turnout is illegal. BOCES officials and district officials have repeatedly said there is no proof any districts used the technology in a potentially illegal way.

“Every school district knows how to conduct school budget elections within the spirit and the letter of the law, and there is no evidence to the contrary,” a Board of Cooperative Educational Services spokesman said Saturday.

The software was purchased by districts through BOCES. Under law, local districts are encouraged to combine in purchasing services on the assumption that it saves money.

Critics have said the software could be used to influence election outcomes, with boosters calling residents they believe will vote in the district’s favor.

Under the rebid, the BOCES districts “will contractually require vendors to give assurances that they understand the laws and procedures of the state Department of Education and will explicitly follow those laws and procedures,” said the BOCES statement, released Friday.

The Education Department was notified before the statement was issued, the BOCES spokesman said.

Brian Jusas, a Bold managing member, said Saturday he had not heard about the rebid. When he was read the BOCES statement, he said it was a “fair statement on their part.” He would not comment further.

Education Department officials said Monday they were investigating reports that Island districts could use Bold software to help maximize their “yes” vote during budget elections.

Gary Bixhorn, chief operating officer of Eastern Suffolk BOCES, said last week that he had ordered Bold Systems to disable the computerized system in question the week before, as soon as theBayport–Blue Point district alerted him to the problem. He said he also told Bold to stop marketing its ability to give districts an electoral advantage.

Noel Feustel of Bayport, who brought the issue to light after getting information on Suffolk districts’ use of Bold through a Freedom of Information Law request, said Saturday he wasn’t satisfied with the decision to rebid the services.

“They are throwing it on the vendor,” Feustel said. “People with badges and subpoenas should be looking into this . . . a lot of people would be satisfied if it was investigated in an appropriate manner.”

Several Long Island school officials, in interviews last week, said the system has not been used in any potentially illegal way.

“I think the system is operating perfectly well,” North Shore Superintendent Ed Melnick said. The district has used Bold Systems since the 2008-09 school year. “To my knowledge, the system has never been used in this district to sway an election. We have a long history of budgets passing here,” he said.

Melnick said the program simplified the voting process and saved money by allowing the district to halve the number of poll workers it hires each year. Under the old system, the district hired 30 to 40 people.