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School Board Does Not O.K. Certiorari Settlements. "No Settlement Yet." Posted on Monday, September 12 @ 23:22:50 EDT by jfbailey

Schools

WPCNR SCHOOL DAYS. By John F. Bailey. September 12, 2005: After an Executive Session which ended at 10:40 this evening, after approximately an hour and a half, the Board of Education took no action on a series of proposed certiorari settlements before them. This was a highly unusual Board of Education action.

Superintendent of Schools Timothy Connors said the Board would discuss the certiorari settlements in Executive Session then most likely come back to the main meeting room and vote on them. However, after the Executive Session, Terrance Schruers, Assistant Superintendent for Business, emering from the closed door meeting, told WPCNR that no action was taken, "there was no settlement."



Mr. Schruers said that  because of the Executive Session, he could not disclose what companies or organizations the certioraris involved.

The action of "not taking action" is unusual when a certiorari is on the Board of Education agenda for approval, as it was tonight, and raises the possibility the School District may fight the recommended settlements presented them in the Executive Session by their certiorari attorney.

This would be a precedent. Normally the Board of Education goes along with the negotiated city certiorari settlement.

The first hint that the usual certiorari approval was not going to go the way it usually does was when Board of Education President Donna McLaughlin made a motion the approval be "Tabled." It was a dramatic moment. All voted to table the approval.

Superintendent Connors said they would discuss it in executive session and vote on it in public after they were finished the private discussion. However, the television equipment was taken down and stowed away, and the meeting set up struck.

WPCNR notes that the latest settlements by the City of White Plains approved last Monday and the accompanying reassessments amounted to $132,000 in  by the city in tax refunds to Crystal Towers and Heritage Terrace, and that may mean a certiorari payment by the School District of over $500,000 by WPCNR's estimate.  Previous to those settlements by the city, the city approved a $215,691.25 settlement with Bay Hills Condominiums off Rosedale Avenue, that could cost the school district by WPCNR estimate, $862,765.

But WPCNR  cannot confirm that those were the settlements the School Board was discussing. However, they are the most recent Common Council approved settlements, receiving unanimous vote on the Council's consent agenda at their August and September meetings.

Mark Scharf, the School District certiorari specialist told WPCNR that certioraris are a problem for all districts in New York State. He explained that the reason condominiums and cooperatives that go up in value, and may be posh desirable properties still have their assessments lowered is because the condo-coops are going up in value faster than commercial real estate, but not as fast as residential homes. The condos and coops are accordingly lowered due to the equalization rate.  


 
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Most read story about Schools:
School Board: Time for New Leader. Yanofsky Inflexible.


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