HomeMy WebLinkAbout2013_12_18 Town Board Minutes December 18, 2013
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK HELD ON DECEMBER 18,2013, BEGINNING AT
S:OOPM IN CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT
ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW
YORK
PRESENT:
Supervisor Nancy Seligson
Councilwoman Phyllis Wittner
Councilman Ernest C.Odierna
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
ALSO PRESENT: Christina Battalia,Town Clerk
Stephen V.Altieri,Town Administrator
William Maker,Jr.,Town Attorney
CALL TO ORDER-WORK SESSION
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the Work Session was
unanimously opened at S:OOPM.
Energy Service Contract
The Town Board reviewed a memo prepared by Mr.Altieri dated December 12,2013,outlining the
current status of the Energy Service Contracts (ESC), as well as a matrix to evaluate the proposals. The
three proposals being evaluated are from Con Edison Solutions, Johnson Controls and Honeywell
Systems. Supervisor Seligson emphasized that the benefits to the Town are two-fold, there is a
guarantee of energy savings, and the Town works with only one contractor. Mr. Altieri added that the
Street Lighting Project is the greatest savings.The Town Board reviewed the matrix in detail.
2014 Town Budget
Supervisor Seligson stated that what is being presented for adoption this evening is a budget with a
2.9% tax levy and a 1.4% tax rate increase. Supervisor Seligson stated that as she had previously
mentioned with the closing of the CAP Center, the Hispanic Resource Center(HRC) has taken over many
of the CAP Center Programs and have therefore, incurred added expenses. The Town is being asked by
the HRC to allocate the CAP Center funding to the HRC. Supervisor Seligson stated that the Town has
reviewed the HRC financials and will pursue an agreement with them. With those in place Supervisor
Seligson is recommending the former CAP Center funding in the amount of $15,000 be allocated to the
HRC.
Supervisor Seligson would like to reach out to the Village of Larchmont and Village of Mamaroneck and
present the Town's 2014 Budget to them formally.
Boards and Commissions
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously
agreed to enter into an Executive Session to discuss resumes of potential appointments to various
Boards and Commissions,as well as potential Litigation.
1
December 18, 2013
EXECUTIVE SESSION
Discussion of Appointments to Boards and Commissions
Potential Litigation
On motion of Councilwoman Katz, seconded by Councilwoman Wittner, the Board unanimously agreed
to resume the Worksession.
LMC-TV Board of Control Update
Councilman Odierna reported on the continued discussion by LMC-TV for a new site to consolidate their
operations. The former Fire House on Mamaroneck Avenue is under consideration at a renovation cost
estimate of $1.5 million. Currently LMC-TV has $1 million in surplus. The Town is being asked to
consider helping to fund this project.The Board discussed needing additional information before a more
serious discussion of funding could take place. The Board would also like to be more involved in the
analysis of purchasing a building versus renting, as well as involvement in discussion of the current
project proposal before they would consider funding. The Board asked Councilman Odierna to report
this back to Mr. Lewis. Councilman Odierna will report back to the Town Board after the next LMC-TV
Board of Control Meeting.
Laserfiche Implementation
The Town Board reviewed a memo prepared by Mr. Altieri dated December 13, 2013 with an attached
consulting agreement from Rosalind Cimino. It is the recommendation of the Town Clerk and the Town
Comptroller to hire a consultant to help with the Lasefiche upgrade implementation and the Laserfiche/
Municity interface. The Town Clerk reported that she and Mr. Siligato along with other Departments
Heads have done site visits to other municipalities who are using the Laserfiche system and feel that in
order to implement this properly a consultant is needed. The Town Clerk discussed the importance of
setting up the structure of this system prior to installation and for proper training to take place within
the Departments. If this is done correctly the implementation of the product will be much more
successful. The consultant being recommended is currently an employee in the Town of Dover who,
with the knowledge of the Town of Dover, is willing to work on this project outside of her normal
workday. Ms. Cimino has worked extensively with Laserfiche and Municity and is running successful
programs throughout the Town of Dover.
CALL TO ORDER-REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
8:00 PM, she then pointed out the location of the exits.
Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o'clock this
evening,adding this is an open meeting that all residents'are welcomed to attend.
SUPERVISOR'S SUMMARY REPORT
Supervisor's Report
December 18,2013
2
December 18, 2013
Town Supervisor Nancy Seligson reported that the Town received notice that the Federal Monitor
requested the County Executive to remove the Town from the list of 7 municipalities that had been
determined to have exclusionary zoning. The Monitor lauded the Town for taking exemplary
measures to increase the opportunities for fair and affordable housing in the Town. Those
measures included the zoning amendment allowing multifamily and residential development in
the business and service business districts in the Town and the adoption of a new Housing
Ordinance.
The Town Board and administrative staff have been working to put the finishing touches on the
2014 budget that will be passed tonight.
The Town Administrator and Supervisor have been reviewing the proposals for the Energy
Performance Contract. Three companies have submitted proposals in response to the Town's RFP
to renovate and upgrade the Town Center, Ice Rink, Fire House and Street Lights. The Town Board
reviewed the proposals in work session this evening. This will be a large project and borrowing for
the Town for needed renovations to key infrastructure.
The Supervisor reminded residents to register for their STAR exemption with the State.
The Supervisor praised the Highway Dept.for their response to the recent snow storms.She
explained that the Town brines the roads in advance of snow with a saline solution that helps
prevent ice and snow from adhering to the roads. It also allows the Town to delay using salt. Snow
storms on the weekends are expensive for the Town as the workers are paid overtime.
The Sanitation Schedule for the week of Christmas and New Year's will change to accommodate
recycling pick up. For the weeks of December 23(Christmas)and December 30(New Year's)there
will be normal garbage pickup for Tuesday/Friday schedule. Garbage will be picked up Monday
only for the Monday/Thursday schedule. Recycling will be picked up on both Thursdays for all
residents.
Unfortunately, the Town learned that the large grant applications for the State Consolidated
Funding Application were not awarded. These included grant applications for supporting the
renovations to the Town Center and Ice Rink as well as green infrastructure at the Town Center.
On a positive note, a grant application to help green the Town codes was awarded to a group
including the Town, three other municipalities and Pace Land Use Law Center.
CITIZEN'S COMMENTS
Supervisor Seligson asked if anyone in the audience would like to address the Board,and there was not.
PUBLIC DISCUSSION—Town of Mamaroneck Hazard Mitigation Plan
Additionally Present: Dr.James Brower and Valerie Rifkin,of Environmental Technology Group
Consultants(ETC)
Supervisor Seligson explained that the Town is lucky to have received a grant to work with ETC,through
the leadership of Mike Liverzani,to create a Hazard Mitigation Plan (HMP).Supervisor Seligson further
explained that FEMA funding for mitigation projects will no longer be available if municipalities do not
adopt a HMP. Before the Town this evening is a Draft Hazard Mitigation Plan which is available for
public review and will be presented for discussion by Dr. Bower and Ms. Rifkin.This will be the first of
two public discussions/presentations.
Ms. Rifkin and Dr. Bower gave an overview of the plan via a PowerPoint Presentation.
Councilwoman Wittner submitted questions and comments along with her contact information to Dr.
Bower. Mr. Liverzani stated that his email will be available for public comments which he will collate
and distribute to the Committee.Councilman Odierna suggested a summary version of the Plan be
available for distribution.
PUBLIC HEARING-Amendment to the Surface Water and Erosion and Sediment Control Law
3
December 18, 2013
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of
New York,and pursuant to a resolution of the Mamaroneck Town Board adopted on
December 4,2013 a Public Hearing will be held on Wednesday, December 18,2013 at 8:00 PM
or as soon thereafter as is possible at the Town Center,740 W. Boston Post Road,
Mamaroneck, New York to consider: "Amendment to the Surface Water and Erosion and
Sediment Control Law of the Town of Mamaroneck" Law.
Purpose:
The purpose of this law is to conform the Town's Erosion Control law to the requirements of
the State of New York while at the same time continuing,as the existing law does,to
safeguard persons, protect property, prevent damage to the environment and promote the
public welfare by guiding, regulating and controlling the design,construction,use and
maintenance of any development or other activity which disturbs or breaks the topsoil or
results in the movement of earth on land situated in the Town of Mamaroneck.
The full text of this Amendment is stated below and can also be examined and copies
obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30
PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New
York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given
an opportunity to be heard and that all persons are invited to submit written comments at or
prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: December 10,2013
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the Public Hearing was
unanimously opened.
Supervisor Seligson asked if anyone wished to comment on the proposed Local Law.
Supervisor Seligson stated that the Town was asked by New York State to include the latest reference
documents to the existing Erosion and Sediment Control Law,adding that this is essentially an
administrative Amendment.
Mr. Maker added that the Town's Conservation Engineer has identified additional manuals that
should be referenced within the Law as well,again noting the administrative nature of this
Amendment.
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the Public Hearing was
unanimously closed.
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously
RESOLVED,that the Mamaroneck Town Board finds that the adoption of the
proposed "Amendment to the Surface Water and Erosion and Sediment Control
Law of the Town of Mamaroneck" Law is hereby declared to be a Type II Action,
with no impact under the New York State Environmental Quality Review Act
(SEQRA)and requiring no further action.
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,the following Local law
was approved:
Local Law No. 9-2013
4
December 18, 2013
This local law shall be known as the "Amendment to the Surface Water and Erosion and Sediment
Control Law of the Town of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
The purpose of this law is to conform the Town's Erosion Control law to the requirements of the State of
New York while at the same time continuing, as the existing law does, to safeguard persons, protect
property, prevent damage to the environment and promote the public welfare by guiding, regulating
and controlling the design, construction, use and maintenance of any development or other activity
which disturbs or breaks the topsoil or results in the movement of earth on land situated in the Town of
Mamaroneck.
Section 2—Amendment of a current chapter of the Mamaroneck Code:
Chapter 95 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
Chapter 95
Erosion and Sediment Control
Article I General Provisions
§95-1.Title.
This chapter shall be known as the "Surface Water and Erosion Control Law of the Town of
Mamaroneck."
§95-2.Statutory authority.
This chapter is enacted pursuant to the authority of municipalities to promote the public health, safety
and general welfare of their citizenry under New York State Municipal Home Rule Law § 10, New York
Environmental Conservation Law Article 36, the Waterfront Revitalization and Coastal Resources Act of
the State of New York, Article 42 of the Executive Law, and other applicable provisions of state and
federal law.
§95-3. Findings of Fact and Intent
It is hereby determined that:
A. Findings.
(1) Land development activities and associated increases in site impervious cover often alter
the hydrologic response of local watersheds and increase stormwater runoff rates and
volumes,flooding,stream channel erosion,or sediment transport and deposition;
(2) This stormwater runoff contributes to increased quantities of water-borne pollutants,
including siltation of aquatic habitat for fish and other desirable species;
(3) Clearing and grading during construction tends to increase soil erosion and add to the
loss of native vegetation necessary for terrestrial and aquatic habitat;
(4) Improper design and construction of stormwater management practices can increase the
velocity of stormwater runoff thereby increasing stream bank erosion and
sedimentation;
(5) Impervious surfaces allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow,
(6) Substantial economic losses can result from these adverse impacts on the waters of the
municipality;
(7) Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and
minimized through the regulation of stormwater runoff from land development
activities;
(8) The regulation of stormwater runoff discharges from land development activities in
order to control and minimize increases in stormwater runoff rates and volumes, soil
erosion, stream channel erosion, and nonpoint source pollution associated with
stormwater runoff is in the public interest and will minimize threats to public health and
safety; and
5
December 18, 2013
(9) Regulation of land development activities by means of performance standards governing
stormwater management and site design will produce development compatible with the
natural functions of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
B. Intent.
It is the intent of these regulations to control and regulate land-disturbing activities to assure
that best management practices are used which minimize water pollution, retain valuable
topsoil and vegetation and prevent flooding,erosion and sedimentation.
§95-4. Purpose
The Town of Mamaroneck declares that the purpose of this chapter is to safeguard persons, protect
property, prevent damage to the environment and promote the public welfare by guiding, regulating
and controlling the design, construction, use and maintenance of any development or other activity
which disturbs or breaks the topsoil or results in the movement of earth on land situated in the Town of
Mamaroneck.
This local law seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the New York State Department of
Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination System (SPDES)
General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems
(MS4s), Permit no. GP-0-10-002 or as amended or revised;
B. Require land development activities to conform to the substantive requirements of the NYSDEC
SPDES General Permit for Stormwater Discharges from Construction Activities GP-0-10-001 or;
C. Minimize increases in stormwater runoff from land development activities in order to reduce
flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the
integrity of stream channels;
D. Minimize increases in pollution caused by stormwater runoff from land development activities
which would otherwise degrade local water quality;
E. Minimize the total annual volume of stormwater runoff which flows from any specific site during
and following development to the maximum extent practicable; and
F. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution,
wherever possible, through stormwater management practices and to ensure that these
management practices are properly maintained and eliminate threats to public safety.
§95-5.Applicability
A. Article II of this law shall apply to minor land development activities.
B. Article III of this law shall apply to major land development activities.
C. Articles I and IV shall apply to all land development activities.
D. The municipality shall designate a Stormwater Management Officer who shall accept and review
all stormwater pollution prevention plans and forward such plans to the applicable municipal
board. The Stormwater Management Officer may(1) review the plans, (2) upon approval by the
Town Board of the Town of Mamaroneck, engage the services of a registered professional
engineer to review the plans, specifications and related documents at a cost not to exceed a fee
schedule established by the Town Board of the Town of Mamaroneck, or (3) accept the
certification of a licensed professional that the plans conform to the requirements of this law.
§95-6. Exemptions
The following activities are exempt from review under this law.
A. Existing nursery and agricultural operations conducted as a permitted use.
B. Home gardening, landscaping and routine lawn and landscaping maintenance activities of
existing cultivated areas.
C. Repairs to any stormwater management practice or facility deemed necessary by the
Stormwater Management Officer.
D. Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board
of the Town of Mamaroneck on or before the effective date of this law.
E. Land development activities for which a building permit, erosion and sediment control permit or
wetlands and watercourses permit has been approved on or before the effective date of this
law.
6
December 18, 2013
F. Cemetery graves.
G. Installation of fences, signs, pilings, telephone, and electric poles and other kinds of posts or
poles.
H. Emergency activity immediately necessary to protect life, property or natural resources.
I. Alteration of the interior of a building and alteration of the exterior of a building, provided that
such exterior alteration does not increase coverage by the building or pavement or the
alteration does not involve the demolition of a part or all of the exterior of an existing building.
J. Any deck without an impervious cover above,on or below the surface of the deck.
K. Any land development activity which is neither a major land development activity nor a minor
land development activity provided that the existing flow of surface water at the property lines
is not altered.
§95-7. Definitions and Word Usage
A. Use of words. Words used in the present tense include the future; the singular number includes
the plural and the plural the singular; the word "lot" includes the word "plot;" the word
"building" includes the word "structure."
B. Definitions.Certain words in this chapter are defined for the purpose thereof as follows:
ADJOINING PROPERTY - Any property facing a work site across any street or highway shall be
deemed "adjoining property," as well as any property contiguous on any side.
APPLICANT- A property owner or agent of a property owner who has filed an application for a
land development activity.
APPLICANT'S EXPERTS - A New York State licensed professional engineer or a New York State
licensed landscape architect engaged by the applicant to prepare the Surface Water and Erosion
Control Plan or Stormwater Pollution Prevention Plan.
BASE FLOOD-The one-hundred-year-frequency storm.
BUILDING -Any structure, either temporary or permanent, having walls and a roof, designed for
the shelter of any person,animal,or property,and occupying more than 100 square feet of area.
CLEARING-Any activity that removes the vegetative surface cover.
DEDICATION-The deliberate appropriation of property by its owner for general public use.
DESIGN MANUALS- For the purpose of this local law,the following documents shall serve as the
official guides and specifications for stormwater management. Stormwater management
practices that are designed and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this law:
1.The New York State Stormwater Management Design Manual (New York State Department of
Environmental Conservation, most current version or its successor, hereafter referred to as the
Design Manual).
2. New York Standards and Specifications for Erosion and Sediment Control, (New York State
Department of Environmental Conservation, 2005 , most current version or its successor,
hereafter referred to as the Erosion Control Manual).
DEVELOPER-A person who undertakes land development activities.
DEVELOPMENT-Any human-made change to improved or unimproved real estate, including but
not limited to construction of buildings or other structures and mining, dredging, filling, grading,
paving,excavation,drilling or blasting.
EROSION AND SEDIMENT CONTROL DEVICES (ESCD)- Measures, either structural or
nonstructural, that are determined to be the most effective, practical means of preventing
erosion and controlling sediment consistent with best management practices identified in the
design manuals, including but not limited to silt fencing, hay bales, temporary seeding or
mulching,check dams and inlet protection.
7
December 18, 2013
GRADING-Excavation or fill of material,including the resulting conditions thereof.
IMPERVIOUS COVER-Those surfaces, improvements and structures greater than 100 square feet
in size, whether natural or manmade, that cannot effectively infiltrate rainfall, snow melt and
water (including but not limited to: bedrock, stone, building rooftops, pavement, sidewalks,
driveways, patios and terraces).
MAINTENANCE AGREEMENT - A legally recorded document that acts as a property deed
restriction,and which provides for long-term maintenance of stormwater management practices.
MAJOR LAND DEVELOPMENT ACTIVITY - Any construction activity that (A) results in land
disturbance equal to or greater than one acre or (B) disturbs less than one acre but is part of a
larger common plan of development of one or more parcels, even though multiple separate and
distinct land development activities may take place at different times on different schedules if
the total land disturbance is equal to or is greater than one acre. For the purpose of this
definition, construction activity includes but is not limited to clearing, grading, excavating, soil
disturbance or placement of fill.
MINOR LAND DEVELOPMENT ACTIVITY - Any construction activity that (A) results in land
disturbance of more than 100 square feet but less than one acre or(B) creates impervious cover
of more than 100 square feet but less than one acre or(C) may alter the flow of surface water at
the property line even if such disturbance or fill covers less than 100 square feet. For the purpose
of this definition, construction activity includes but is not limited to clearing,grading, excavating,
soil disturbance or placement of fill.
NONPOINT SOURCE POLLUTION - Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be limited to, pollutants from
construction,subsurface disposal and urban runoff sources.
PERMIT - Any permits, grants or licenses issued by the Town of Mamaroneck, including but not
limited to building,grading, demolition, clearing and excavation permits and subdivision and site
plan approvals.
PERSON - Includes any individual or group of individuals, corporation, partnership, association or
any other entity, including state and local governments and agencies, authorities or other
political subdivisions thereof.
PHASING-Clearing a parcel of land in distinct pieces or parts,with the stabilization of each piece
completed before the clearing of the next.
PLAN- Surface Water and Erosion Control Plan, Stormwater Pollution Prevention Plan or Site
Plan.
POLLUTANT OF CONCERN - Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other pollutant that has been
identified as a cause of impairment of any water body that will receive a discharge from the land
development activity.
PROJECT- Land development activity.
RECHARGE-The replenishment of underground water reserves.
SOIL STABILIZATION - Measures which protect soil from the erosive forces of raindrop impact,
flowing water and high wind. Applicable practices include vegetative establishment, mulching,
covering and the early application of gravel base on areas to be paved.
SPDES GENERAL PERMIT FOR DISCHARGES FROM CONSTRUCTION ACTIVITIES (GP-0-10-001 as
amended or revised)-A permit under the New York State Pollutant Discharge Elimination System
(SPDES) issued to developers of construction activities to regulate disturbance of one or more
acres of land.
8
December 18, 2013
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE
STORMWATER SEWER SYSTEMS (GP-0-10-002 as amended or revised)- A permit under the New
York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate
discharges from municipal separate storm sewers for compliance with EPA established water
quality standards and/or to specify stormwater control standards.
STEEP SLOPES - Ground areas where the grade changes by one or more feet of vertical rise for
each four feet of horizontal distance.
STOP WORK ORDER - An order issued which requires that all construction activity on a site be
stopped.
STORMWATER-Rainwater,surface runoff,snowmelt or drainage.
STORMWATER MANAGEMENT - The use of structural or non-structural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural
resources and the environment.
STORMWATER MANAGEMENT FACILITY - One or a series of stormwater management practices
installed,stabilized and operating for a particular project.
STORMWATER MANAGEMENT OFFICER - The Director of Building Code Enforcement and Land
Use Administration or his(her) designee.
STORMWATER MANAGEMENT PRACTICES (SMPs) - Measures, either structural or nonstructural,
that are determined to be the most effective, practical means of preventing flood damage and
preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff
and water bodies, including but not limited to drainage pipes, ditches, culverts, water-retention
and detention areas and structures,swales,slopes and other conduits and reservoirs.
STORMWATER POLLUTION PREVENTION PERMIT-A permit issued for a major land development
activity.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - A plan submitted as part of the
application for a Stormwater Pollution Prevention Permit that shows how stormwater runoff and
pollutants from a site during and after construction activities will be controlled.
STORMWATER RUNOFF-Flow on the surface of the ground, resulting from precipitation.
SURFACE WATER AND EROSION CONTROL PLAN - A drawing prepared by a New York State
licensed professional engineer, a registered architect or a New York State licensed landscape
architect submitted as a part of the application for a Surface Water and Erosion Control Permit
showing the methods, techniques and improvements, both during and after construction, that
will be employed to control surface water runoff and to control erosion and sedimentation. Such
plan shall utilize the design manuals, contain all surface water control calculations, reduce
erosion potential, assure the adequacy of existing and proposed culverts and bridges, increase
water recharge into the ground, decrease nonpoint source pollution and water quality
degradation, maintain stream channels for their biological functions as well as for drainage
through reduced streambank erosion and maximize preservation and protection of stream
corridors,floodplains and wetlands.
SURFACE WATER AND EROSION CONTROL PERMIT - A permit issued for a minor land
development activity.
SURFACE WATERS OF THE STATE OF NEW YORK - Lakes, bays, sounds, ponds, impounding
reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic
ocean within the territorial seas of the state of New York and all other bodies of surface water,
natural or artificial, inland or coastal,fresh or salt, public or private (except those private waters
that do not combine or effect a junction with natural surface or underground waters), which are
wholly or partially within or bordering the state or within its jurisdiction.
9
December 18, 2013
Storm sewers and waste treatment systems, including treatment ponds or lagoons which also
meet the criteria of this definition are not waters of the state. This exclusion applies only to
manmade bodies of water which neither were originally created in waters of the state (such as a
disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or
man-made,which gathers or carries surface water.
Article II Minor Land Development Activities
§95-8. Permit required.
No person shall commence or carry out any minor land development activity in the Town of
Mamaroneck without first obtaining a Surface Water and Erosion Control Permit from the Building
Department and all other necessary municipal permits.
§95-9.Application for Surface Water and Erosion Control Permit;waiver.
A. An application for a Surface Water and Erosion Control Permit shall be made on forms provided
by the Stormwater Management Officer. If the application is determined by the Stormwater
Management Officer to be in accord with this chapter and if the application is accompanied by
the appropriate fees,the Building Department shall issue the permit.
B. Each application shall include a Surface Water and Erosion Control Plan and a certification by the
Applicant's expert that the minor land development activity shall be done in accordance with
the approved plans.
C. Any modification of a plan shall be submitted to the Stormwater Management Officer and shall
be processed and approved or disapproved, in the same manner as the original plan.
Modifications of a minor nature may be authorized by the Stormwater Management Officer
without the submission of modified plans.
D. The Stormwater Management Officer may waive the requirement for the issuance of the Surface
Water and Erosion Control Permit when there is an application for a Flood Plain Development
Permit, a Wetlands and Watercourses Permit, Subdivision Approval, Site Plan Approval or a
Building Permit.
E. By accepting the permit, the applicant agrees to allow the Town to enter upon the property to
inspect the work and to perform remedial measures when authorized by this chapter to do so.
§95-10. Contents of Surface Water and Erosion Control Plans.
The following information shall be shown on a Surface Water and Erosion Control Plan unless otherwise
noted:
A. The name of the development or identifying title. The name, address and telephone number of
the owner and/or developer of the site and the consulting firm retained by the applicant for
preparation of the plan. If the applicant is a corporation, it must list the name, home address
and telephone number of at least two officers of the applicant. A phone number for an
emergency contact must also be provided.
B. The plan shall show the date of its preparation and all revision dates, the approximate true
North point and the scale which shall be no greater than one inch equals 50 feet.
C. The proposed site layout shall include:
(1) the boundary line and acreage for the site
(2) existing zoning
(3) a vicinity map that includes state and local wetlands.
(4) the location of existing buildings, structures, utilities, water bodies, floodplains, drainage
facilities, vegetative cover, paved areas, watershed divides and other significant natural or
man-made features on the site and land within 250 feet of the boundary.
(5) a schematic layout of the stormwater management practices proposed to control surface
water runoff both during and after construction.
(6) a schematic layout of the proposed erosion and sediment control devices.
(7) existing and proposed contours of the site and adjacent land within approximately 250 feet
of the boundaries, drawn at no greater than two-foot contour intervals with critical spot
elevations.
(8) surface water control calculations using methods defined in "Technical Release-55",
"Technical Release-20", the Rational Method, or other method approved by the Stormwater
10
December 18, 2013
Management Officer, unless superseded by a comprehensive local watershed and/or
stormwater model and plan.
(9) base flood elevation data using the most current National Geodetic Vertical Datum.
(10) construction schedule showing the sequencing of the installation of the required stormwater
management practices, erosion and sediment control devices and other site construction
activities, which shall be supplemented as directed by the Stormwater Management Officer
to show required inspections.
(11) signature block language, including the seal of a New York State licensed professional
engineer, registered architect, or a New York State licensed landscape architect.
(12) the location of existing trees, including drip-lines, grassy areas and unique vegetation and
detailed methods of tree protection.
(13) identification and boundaries of the different soil types existing on the site.
(14) the dividing lines and direction of flow for different drainage areas.
(15) areas with potentially significant erosion problems.
(16) areas which are to be cleared and graded or used for storage.
(17) detailed drawings that explain and illustrate any structural practices used that are not
referenced to the Design Manuals.
D. In addition to complying with the requirements of A, B and C, a Minor Land Development
Activity meeting Condition One below (other than for the construction of a one or two family
house) shall also include water quality and water quantity controls (post-construction
stormwater runoff controls)as set forth in §95-10E
Condition One: disturbance of an area greater than 5,000 square feet but less than one
acre or creating impervious surface area of 1,000 or more square feet, but less than one
acre.
E. Surface Water and Erosion Control Plan for Condition One:
(1) Description of each post-construction stormwater management practice;
(2) Site map/construction drawing(s) showing the specific location(s) and size(s) of each
post-construction stormwater management practice;
(3) Hydrologic and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storms;
(4) Comparison of post-development stormwater runoff conditions with pre-development
conditions;
(5) Dimensions, material specifications and installation details for each post-construction
stormwater management practice;
(6) Maintenance schedule to ensure continuous and effective operation of each post-
construction stormwater management practice;
(7) Maintenance easements to ensure access to all stormwater management practices at
the site for the purpose of inspection and repair, and such easements shall be recorded
on the plan and shall remain in effect with transfer of title to the property; and
(8) Inspection and maintenance agreement binding on all subsequent landowners served by
the on-site stormwater management measures in accordance with §95-15.
§95-11.Approval of Surface Water and Erosion Control Permit.
A. The Stormwater Management Officer shall approve the issuance of a Surface Water and Erosion
Control Permit or authorize the release of a performance bond or authorize the issuance of a
building permit or certificate of occupancy only if the following requirements are satisfied:
(1) Except in situations described in §95-17B, there is a Surface Water and Erosion Control Plan
which demonstrates that the rate of stormwater runoff will not increase. Stormwater
calculations certified by a NYS licensed Professional Engineer, Landscape Architect or
Registered Architect shall be submitted demonstrating that stormwater management
practices are designed to detain a twenty-five year storm using those methods contained in
the Natural Resources Conservation Service (NRCS) publication, "Urban Hydrology for Small
Watersheds,Technical Release-55."
(2) Stormwater management practices shall be designed using a Type III, twenty-four (24) hour
rainfall distribution.
(3) Detention facility maximum discharge rates shall not exceed pre-construction conditions for
the 25-, 10-,5-and 2-year storms.
(4) The natural drainage features of the site, including natural drainageways and permanent and
periodic ponding areas, shall be preserved, except for those reasonable alterations deemed
necessary by the Stormwater Management Officer to allow for the development of the site in
11
December 18, 2013
accordance with the provisions of Chapter 106, Fire Prevention and Building Construction,
Chapter 110, Flood Damage Prevention and Chapter 240,Zoning.
(5) Stormwater management practices shall be constructed so as not to discharge waters onto
adjoining property or public ways in such a manner as to impair the permitted use or
development of those properties or be detrimental to public safety.
(6) Temporary Erosion and Sediment Control Devices and Stormwater Management Practices
such as those identified in the Design Manuals, adequate to protect adjacent property, shall
be installed at the commencement of the minor land development activity.
(7) Properties adjacent to the site of land disturbance shall be protected from sediment
deposition at all times.
(8) Until a disturbed area is stabilized, sediment in the runoff water shall be trapped onsite
utilizing debris basins, sediment basins, silt traps or similar measures described in the Design
Manuals.
(9) All stormdrain inlets operable during construction shall be protected so that sediment-laden
water will not enter the conveyance system without first being filtered or otherwise treated
to remove sediment.
(10) Natural vegetation and trees shall be retained and protected wherever possible. The
applicant shall be guided by the Design Manuals and the Town Tree Preservation
Commission.
(11) Temporary vegetation and/or mulching shall be used to protect exposed land areas during
construction. The applicant shall restore vegetative cover in disturbed areas as directed by
the Stormwater Management Officer.
(12) Permanent or temporary soil stabilization must be applied to denuded areas within two days
after final grade is reached on any portion of the site. Soil stabilization must also be applied
to denuded areas which may not be at final grade but may remain dormant(undisturbed)for
longer than two weeks.
(13) Permanent vegetation shall not be considered established until a ground cover is achieved
which, in the opinion of the Stormwater Management Officer, is mature enough to survive
severe weather conditions. Disturbed soils shall be stabilized as soon as possible and
properties adjacent to the site of land disturbance shall be protected from sediment
deposition.
(14) Adequate barriers to prevent erosion and siltation shall be applied at the end of each day.
(15) Sediment basins and traps, perimeter dikes, sediment barriers and other measures intended
to trap sediment on-site must be constructed as a first step in grading and must be made
functional before upslope land disturbance takes place. Earthen structures such as dams,
dikes and diversions must be seeded and mulched within two days of installation and prior to
any first step in the disturbance of upslope land,whichever comes first.
(16) All on-site stormwater conveyance channels shall be designed and constructed to withstand
the expected velocity of flow from a ten-year frequency storm without erosion or failure.
Outlets of all pipes and paved channels must be stabilized to prevent erosion.
(17) Clearing or grading shall generally not occur on slopes in excess of 25%. Development shall
preserve salient natural features, keep cut-and-fill operations to a minimum and ensure
conformity with topography so as to create the least potential for erosion.
(18) In the design of cut-and-fill slopes, consideration must be given to the length and steepness
of the slope, the soil type, upslope drainage area, groundwater conditions and other
applicable factors. Slopes which are found to be eroding excessively must be provided with
additional measures until the problem is corrected.
(19) Provisions shall be made to prevent surface water from damaging the cut face of excavations
or the sloping surfaces of fills.
(20) All fills shall be compacted to provide stability of material and to prevent undesirable
settlement in accordance with the Design Manuals.
(21) Fills shall not encroach on watercourses, channels, areas designated as wetlands or wetland
buffers under Ch. 114, Wetlands and Watercourses, State or Federal Freshwater or Tidal
Wetlands , or areas designated as critical environmental areas and/or significant fish and
wildlife habitat under Ch. 92, Environmental Quality Review, unless undertaken under an
appropriate permit issued under such regulations.
(22) Appropriate measures for dust control shall be exercised in accordance with the Design
Manuals.
(23) Where no acceptable paved access exists for construction vehicles to enter the site, a
stabilized construction entrance shall be created and shall be shown on the plans filed with
the Stormwater Management Officer.
(24) All temporary erosion and sediment control devices shall be disposed of within 30 days after
final site stabilization is achieved or after the temporary measures are no longer needed,
unless otherwise authorized by the Stormwater Management Officer.Trapped sediment and
other disturbed soil areas resulting from the disposition of temporary measures shall be
removed from the site and disposed of in accordance with pertinent regulations or
permanently stabilized to prevent further erosion and sedimentation.
12
December 18, 2013
(25) Road surfaces must be swept and kept free of sediment as needed. At the end of the project,
catch basins, storm sewers and road surfaces must be cleaned to the satisfaction of the Town
Engineer and the Stormwater Management Officer.
B. A copy of the approved Surface Water and Erosion Control Plan shall be on file in the Building
and Engineering Department and shall be maintained on-site at all times for the duration of the
project and shall be made available to the Stormwater Management Officer.
Article III Major Land Development Activities
§95-12.—Permit Required
No person shall commence or carry out any major land development activity in the Town of
Mamaroneck without first obtaining a Stormwater Pollution Prevention Permit from the Building
Department and all other necessary municipal permits.
§95-13.—Application for a Stormwater Pollution Prevention Permit
A. An application for a Stormwater Pollution Prevention Permit shall be made on forms provided
by the Stormwater Management Officer.
B. Each application shall include a Stormwater Pollution Prevention Plan and a certification by the
Applicant's expert that the major land development activity shall be done in accordance with
the approved plan. The Stormwater Management Officer shall review all Stormwater Pollution
Prevention Plans and forward such plans to the applicable municipal board.
C. All major land development activities subject to review and approval by the Town of
Mamaroneck Planning Board, Board of Appeals or Town Board shall be reviewed in accordance
with the standards contained in this article.
D. All major land development activities not subject to review by either the Town of Mamaroneck
Planning Board, Board of Appeals or Town Board shall be reviewed by the Stormwater
Management Officer who shall approve the application if it complies with the requirements of
this article.
E. Any modification of a plan shall be submitted to the Stormwater Management Officer and shall
be processed and approved or disapproved, in the same manner as the original plan.
Modifications of a minor nature may be authorized by the Stormwater Management Officer
without the submission of modified plans.
F. By accepting the permit the applicant agrees to allow the Town to enter upon the property to
inspect the work and to perform remedial measures when authorized by this chapter to do so.
§95-14. Contents of Stormwater Pollution Prevention Plans.
The following information shall be shown on a Stormwater Pollution Prevention Plan unless otherwise
noted:
A. All of the items listed in §95-10 and all of the items required in order to obtain coverage under
the SPDES General Permit for Construction Activities GP-0-10-001 In addition, SWPPPs shall
provide the following background information and erosion and sediment controls:
(1) Background information about the scope of the project, including location, type and size of
the project;
(2) Site map/construction drawing(s) for the project, including a general location map. At a
minimum, the site map should show: the total site area; all improvements; areas of
disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-
site surface water(s); wetlands and drainage patterns that could be affected by the
construction activity; existing and final slopes; locations of off-site material, waste, borrow
or equipment storage areas; and location(s)of the stormwater discharges(s);
(3) Description of the soil(s) present at the site;
(4) Construction phasing plan describing the intended sequence of construction activities,
including clearing and grubbing, excavation and grading, utility and infrastructure
installation and any other activity at the site that results in soil disturbance. Consistent with
the Erosion Control Manual , not more than five acres shall be disturbed at any one time
unless pursuant to an approved SWPPP;
(5) Description of the pollution prevention measures that will be used to control litter,
construction chemicals and construction debris from becoming a pollutant source in
stormwater runoff,
(6) Description of construction and waste materials expected to be stored on-site with updates
as appropriate, and a description of controls to reduce pollutants from these materials,
13
December 18, 2013
including storage practices to minimize exposure of the materials to stormwater, and spill
prevention and response;
(7) Temporary and permanent structural and vegetative measures to be used for soil
stabilization, runoff control and sediment control for each stage of the project from initial
land clearing and grubbing to project close-out;
(8) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each
erosion and sediment control practice;
(9) Dimensions, material specifications and installation details for all erosion and sediment
control practices,including the siting and sizing of any temporary sediment basins;
(10) Temporary practices that will be converted to permanent control measures;
(11) Implementation schedule for staging temporary erosion and sediment control practices,
including the timing of initial placement and duration that each practice should remain in
place;
(12) Maintenance schedule to ensure continuous and effective operation of the erosion and
sediment control practice;
(13) Name(s)of the receiving water(s);
(14) Delineation of SWPPP implementation responsibilities for each part of the site;
(15) Description of structural practices designed to divert flows from exposed soils, store flows,
or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to
the degree attainable; and
(16) Any existing data that describes the stormwater runoff at the site.
B. A major land development activity meeting Condition A below shall also include water quantity
and water quality controls (post-construction stormwater runoff controls) as set forth in §95-
14C:
Condition A: stormwater runoff discharging a pollutant of concern to either an impaired
water identified on the New York State Department of Environmental Conservation's 303(d)
list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for
which pollutants in stormwater have been identified as a source of the impairment.
C. SWPPP requirements for Condition A:
(1) Description of each post-construction stormwater management practice;
(2) Site map/construction drawing(s) showing the specific location(s) and size(s) of each
post-construction stormwater management practice;
(3) Hydrologic and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storms;
(4) Comparison of post-development stormwater runoff conditions with pre-
development conditions;
(5) Dimensions, material specifications and installation details for each post-
construction stormwater management practice;
(6) Maintenance schedule to ensure continuous and effective operation of each post-
construction stormwater management practice;
(7) Maintenance easements to ensure access to all stormwater management practices
at the site for the purpose of inspection and repair, and such easements shall be
recorded on the plan and shall remain in effect with transfer of title to the property;
and
(8) Inspection and maintenance agreement binding on all subsequent landowners
served by the on-site stormwater management measures in accordance with §95-15.
D. Plan certification.The SWPPP shall be prepared by the applicant's expert and must be signed by
the professional preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements in this article.
E. Other environmental permits.The applicant shall assure that all other applicable environmental
permits have been or will be acquired for the major land development activity.
F. Contractor certification.
(1) Each contractor and subcontractor who will be involved in soil disturbance and/or
stormwater management practice installation shall sign and date a copy of the following
certification statement before undertaking any major land development activity: "I
certify under penalty of law that I understand and agree to comply with the terms and
conditions of the Stormwater Pollution Prevention Plan. I also understand that it is
unlawful for any person to cause or contribute to a violation of water quality standards."
(2) The certification must include: the name and title of the person providing the signature,
address and telephone number of the contracting firm; the address (or other identifying
description)of the site; and the date the certification is made.
14
December 18, 2013
(3) The certification statement(s) shall become part of the SWPPP for the major land
development activity.
G. Retention of SWPPP on-site. A copy of the SWPPP shall be retained at the site of the major land
development activity during construction and made available to the Town and NYSDEC from the
date of initiation of construction activities to the date of final stabilization.
§95-15. Inspection, Maintenance and Repair of Stormwater Facilities
A. Maintenance during construction.
(1) The applicant or developer of the major land development activity shall at all times
properly operate and maintain all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the applicant or developer to achieve compliance
with the conditions of this article. Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
(2) The applicant shall have a qualified professional conduct site inspections and document
the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours
of any storm event producing 0.5 inches of precipitation or more. The professional's reports
shall be delivered to the Stormwater Management Officer, copied to the site log book and must
be kept on site and made available to NYSDEC and the Town.
B. As-built plans.All applicants are required to submit"as built" plans for any stormwater
management practices located on-site after final construction is completed. The plan must
show the final design specifications for all stormwater management facilities and must be
certified by a professional engineer.
C. Maintenance easements. Prior to the issuance of any approval that has a stormwater
management facility as one of the requirements, the applicant or developer must execute a
maintenance easement agreement that shall be binding on all subsequent landowners served
by the stormwater management facility.The easement shall provide for access to the facility at
reasonable times for periodic inspection by the Town of Mamaroneck to ensure that the facility is
maintained in proper working condition to meet design standards and any other provisions
established by this article.The easement shall be recorded by the grantor in the office of the
County Clerk after approval by the counsel for the Town of Mamaroneck.
D. Maintenance after construction. The owner or operator of permanent stormwater
management practices installed in accordance with this article shall operate and maintain
the stormwater management practices to achieve the goals of this article. Proper operation
and maintenance also includes,at a minimum,the following:
(1) A preventive/corrective maintenance program for all critical facilities and systems of
treatment and control (or related appurtenances) which are installed or used by the owner or
operator to achieve the goals of this article;
(2) Written procedures for operation and maintenance and training new maintenance
personnel; and
(3) Discharges from the SMPs shall not exceed design criteria or cause or contribute to
water quality standard violations in accordance with §95-16C.
E. Inspection of Stormwater Facilities After Project Completion. Inspection programs shall be
established by the Stormwater Management Officer on any reasonable basis, including but
not limited to: routine inspections; random inspections; inspections based upon complaints or
other notice of possible violations; inspection of drainage basins or areas identified as higher
than typical sources of sediment or other contaminants or pollutants; inspections of
businesses or industries of a type associated with higher than usual discharges of
contaminants or pollutants or with discharges of a type which are more likely than the typical
discharge to cause violations of state or federal water or sediment quality standards or the
SPDES stormwater permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to: reviewing
maintenance and repair records; sampling discharges, surface water, groundwater, and
material or water in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices.
15
December 18, 2013
Article IV Provisions applicable to both Minor and Major Land Development Activities
§95-16. Performance and Design Criteria
A. All land development activities shall be subject to the performance and design criteria set
forth in this section.
B. Technical standards. For the purpose of this article, the following documents shall serve as
the official guides and specifications for stormwater management. Stormwater management
practices that are designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article:
(1) The Design Manual.
(2) The Erosion Control Manual.
C. Water quality standards. No land development activity shall cause an increase in turbidity
that will result in substantial visible contrast to natural conditions in surface waters of the
State of New York.
§95-17.Additional Stormwater Control: no net increase in rate of runoff.
A. Notwithstanding any of the foregoing, any applicant for any demolition or building permit
shall be required to offset by on-site retention the increase in the rate of surface water runoff
from the proposed development. This shall be done to the satisfaction of the Stormwater
Management Officer.
B. Exceptions
(1) When the Stormwater Management Officer finds that the increase cannot be offset
satisfactorily by on-site retention, he/she may permit the increment of the increase which
cannot be retained ("increment") to be carried away by the land's natural drainage, provided
that such Increment will not impair the permitted use or development of those lands over or
onto which such water will naturally flow.
(2) When the Stormwater Management Officer finds that the increase cannot be offset satisfactorily
by on-site retention, he/she may permit such increment to be discharged into a Town stormwater
facility, provided that applicant has established that the Town facility has sufficient capacity. Where
he/she determines it to be necessary,the Stormwater Management Officer shall require the installation
of water quality improvement measures prior to such connection.The Stormwater Management Officer
may waive or reduce any of the requirements of this section if he/she determines that such existing
Town stormwater facility is of adequate size, and will discharge surface water runoff directly to a
Watercourse or the Long Island Sound without adversely affecting drainage from any other area.§95-18.
Construction Completion Guarantee
A. In order to ensure the full and faithful completion of all land development activities the Town of
Mamaroneck shall require the applicant or developer to provide, prior to construction, a
performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or
surety institution which guarantees satisfactory completion of the project and names the Town
of Mamaroneck as the beneficiary. The security shall be in an amount to be determined by the
Stormwater Management Officer based on submission of final design plans, with reference to
actual construction and landscaping costs. The performance guarantee shall remain in force
until the surety is released from liability by the Stormwater Management Officer, provided that
such period shall not be less than one year from the date of final acceptance or such other
certification that the facility(ies) have been constructed in accordance with the approved plans
and specifications and that a one year inspection has been conducted and the facilities have
been found to be acceptable to the Stormwater Management Officer.
B. In cases where a wetlands and watercourses permit has been issued to the same applicant the
Stormwater Management Officer may allow a single bond for both permits if it is determined
that such bond is sufficient for the purposes of this chapter and Ch. 114, Wetlands and
Watercourses.
C. By acceptance of the permit,the owners of the property,their heirs, successors and assigns shall
be responsible for the future maintenance, repair and replacement of all required stormwater
management facilities to the satisfaction of the Stormwater Management Officer.
D. Slopes which are found to be eroding excessively within one year after completion of all work
must be provided with additional stabilizing measures until the problem is corrected. If erosion
continues, the Town will take such measures as necessary to achieve stabilization and charge
16
December 18, 2013
the owners of the property,their heirs, successors and assigns for the costs incurred in achieving
stabilization.
§95-19. Maintenance Guarantee
Where stormwater management practices are to be operated and maintained after the project is
completed, the person or entity responsible for its operation or maintenance shall be required to
provide the Town of Mamaroneck with a performance bond, cash escrow account or an irrevocable
letter of credit from an approved financial institution or surety which ensures the proper operation
and maintenance of all stormwater management practices after construction. If the stormwater
management practice is not properly operated or maintained, the Town of Mamaroneck may draw
upon the performance bond, cash escrow account or irrevocable letter of credit to cover the costs of
proper operation and maintenance,including engineering,inspection costs and attorney's fees.
§95-20. Recordkeeping
The Town of Mamaroneck may require entities subject to this law to maintain records
demonstrating compliance with this law.
§95-21. Penalties for offenses; other remedies
A. Violations.
(1) If the Stormwater Management Officer determines that there exists a violation of the terms
and conditions of any Surface Water and Erosion Control Permit or Stormwater Pollution
Prevention Permit issued pursuant to this chapter, written notification of such violation shall
be given to the Applicant by posting a copy at the site and by mailing a copy to the
Applicant's last known address.
(2) All such notifications of violations shall contain the time, place and nature of the violation,
the time within which the violation must be corrected and a statement that the permit will
be suspended or revoked if the Applicant fails to correct the violation.
(3) If the Applicant fails to correct any violation of the terms and conditions of the permit issued
pursuant to this chapter within the time period specified, or within 30 days if no time is
specified, the Stormwater Management Officer may cause the violation to be corrected. The
cost thereof shall be assessed against the property upon which the violation occurred. Such
amount shall be levied against the property in the same manner as Town taxes are levied,
and it shall constitute a lien upon the property.The Town can use the bond to satisfy such an
assessment or lien; and the applicant will remain liable for any amount not satisfied by the
bond.
(4) Failure of the applicant or its successors and assigns to maintain, repair or replace a
stormwater management practice in an appropriate manner shall be a violation of this
chapter. If the Stormwater Management Officer determines that such a violation has
occurred, written notification of such violation shall be given to the applicant or its successor
or assign by posting a copy at the site and by mailing a copy to the address of the property.
All such notifications of violations shall contain the time, place and nature of the violation
and the time within which the violation must be corrected.
(5) If the Applicant or its successors or assigns fails to correct the violation in the maintenance,
repair or replacement of a stormwater management practice within the time period
specified, or within 30 days if no time is specified, the Stormwater Management Officer may
cause the violation to be corrected. The cost thereof shall be assessed against the property
upon which the violation occurred. Such amount shall be levied against the property in the
same manner as Town taxes are levied, and it shall constitute a lien upon the property. The
Town can use the bond to satisfy such an assessment or lien; and the applicant will remain
liable for any amount not satisfied by the bond.
§95-22. Restoration for Violation
Any person who violates this chapter may be required to restore land to its undisturbed condition.
In the event that restoration is not undertaken within a reasonable time after notice, the Town may
take necessary corrective action. The cost thereof shall be assessed against the property upon
which the violation occurred. Such amount shall be levied against the property in the same manner
as Town taxes are levied,and it shall constitute a lien upon the property.
The Town may require any person undertaking land development activities regulated by this law to
pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or Stormwater
Management Practice maintenance performed by the Town or performed by a third party for the
Town.
17
December 18, 2013
§95-23. Stop Work Orders
The Town may issue a stop work order for violations of this chapter. Persons receiving a stop work
order shall be required to halt all land development activities, except those activities that address
the violations leading to the stop work order. The stop work order shall be in effect until the Town
confirms that the land development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil,
criminal, or monetary penalties in accordance with the enforcement measures authorized in this
chapter.
§95-24. Compliance required
No permanent certificate of occupancy shall be issued unless the terms and conditions of
this chapter have been complied with to the satisfaction of the Stormwater Management
Officer.
§95-25. Suspension, Revocation or Expiration of Permits
A. If the Stormwater Management Officer determines by inspection that the nature of the site is
such that further work authorized by an existing permit is likely to imperil any property, public
way, watercourse or drainage structure, the Stormwater Management Officer may order that
reasonable special precautions be taken to avoid the likelihood of such peril. "Special
precautions" may include but shall not be limited to a more level exposed slope, construction of
additional drainage facilities, berms, terracing, compaction or cribbing, installation of plant
materials for erosion control or recommendations of the Applicant's Experts.
B. The Stormwater Management Officer shall have the authority to suspend or revoke a Surface
Water and Erosion Control Permit or Stormwater Pollution Prevention Permit if (1) activities at
the site are not in accordance with the Surface Water and Erosion Control Plan or the SWPPP, as
the case may be or (2) if in the Stormwater Management Officer's opinion continuation of
construction in accordance with the Surface Water and Erosion Control Plan or the SWPPP, as
the case may be is likely to imperil any property, public way,watercourse or drainage structure.
C. Any person who violates any of the provisions of this chapter shall be liable for a civil penalty of
not more than $2,500 for the first day and an additional penalty of not more than $2,000 for
each additional day during which such violation continues.
D. The Town may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any provision of this chapter or the
terms and conditions of any permit granted hereunder.
E. Every Surface Water and Erosion Control Permit shall expire and become null and void if the
work authorized by such permit has not begun within 6 months of issuance. If the Applicant
must obtain a building permit as well as a Surface Water and Erosion Control Permit,the Surface
Water and Erosion Control Permit shall be valid so long as the building permit is valid. In all
other cases,the Surface Water and Erosion Control Permit shall be valid for two years. If written
application is made before the expiration date of the permit the Stormwater Management
Officer may, if the Applicant presents satisfactory evidence that unusual difficulties have
prevented the start or completion of work within the specified time limits, grant a reasonable
extension of time.
F. Every Stormwater Pollution Prevention Permit shall expire and become null and void if the work
authorized by such permit has not begun within 1 year of issuance or is not completed within 5
years of issuance, except that if written application is made before the expiration date of the
permit the Stormwater Management Officer may, if the Applicant presents satisfactory evidence
that unusual difficulties have prevented the start or completion of work within the specified
time limits,grant a reasonable extension of time.
§95-26. Inspections
A. The Applicant shall not commence the work authorized by a Surface Water and Erosion Control
Permit or Stormwater Pollution Prevention Permit unless the Applicant has notified the
Stormwater Management Officer at least two business days before commencing work.
B. The Stormwater Management Officer may require such inspections as necessary to determine
compliance with this chapter and may either approve that portion of the work completed or
notify the applicant wherein the work fails to comply with the requirements of this chapter and
the Surface Water and Erosion Control Plan or the Stormwater Pollution Prevention Plan as
18
December 18, 2013
approved. To obtain inspections,the applicant shall notify the Stormwater Management Officer
at least 48 hours before any of the following:
1. Start of construction,
2. Installation of erosion and sediment control devices,
3. Installation of stormwater management practices,
4. Completion of site clearing,
5. Completion of rough grading,
6. Completion of final grading,
7. Close of the construction season,
8. Completion of final landscaping,and
9. Establishment of landscaping in public areas.
§95-27. Right of entry
The Town may enter upon the Applicant's property for the purpose of making any
investigation,inspection,survey or other activity that may be necessary for any of the purposes
of this chapter. If the Applicant does not consent to such entry,the appropriate Town official is
empowered to apply to the Town Court for an administrative search warrant permitting such
inspection.
§95-28. Greater restrictions to prevail
Wherever this chapter is inconsistent with any other ordinance of the Town of Mamaroneck,
whichever imposes the more stringent restrictions shall prevail.
§95-29.Severability
If the provisions of this chapter shall be judged invalid by a court of competent jurisdiction,
such order or judgment shall not affect or invalidate the remainder of any section,
subsection, paragraph,subdivision or clause of this chapter.
§95-30. Fees or Deposit
A. Upon the filing of an application for a Surface Water and Erosion Control Permit or a Stormwater
Pollution Prevention Permit, the fees denoted in Chapter A250 shall be paid, except that no fee
shall be required when the separate permit requirement has been waived by the Stormwater
Management Officer in accordance with §95-9:
1. Filing fees:
a. For a Surface Water and Erosion Control Permit for a parcel with an existing one
or two family dwelling: $200.
b. For a Surface Water and Erosion Control Permit for the construction of a new
one or two family dwelling on either a vacant parcel or on a parcel where >50%
of an existing residence is demolished: $375.
c. For a Surface Water and Erosion Control Permit in all other cases: $375.
d. For a Stormwater Pollution Prevention Permit: $500.
2. Permit fees:
a. For a Surface Water and Erosion Control Permit for a parcel with an existing one
or two family dwelling: $150.
b. For a Surface Water and Erosion Control Permit for the construction of a new
one or two family dwelling on either a vacant parcel or on a parcel where >50%
of an existing residence is demolished: $200.
c. For a Surface Water and Erosion Control Permit in all other cases: $300. If the
anticipated cost of the work covered by the permit exceeds $5,000, there shall
be, in addition to the minimum fee, an additional fee of 6% of the anticipated
cost that exceeds $5,000. This 6% is not part of the engineering fee for site plan
approval.
d. For a Stormwater Pollution Prevention Permit: $500.
3. Fee for applicant-requested modification: $75 for each modification, provided that no
work has commenced. If work pursuant to the permit has commenced, the modification
fee will be $125 per modification.
4. The minimum inspection fee for a parcel with a one or 2 family dwelling will be $100,for
all other residential parcels: $150 and for commercial parcels$250.
5. If work is commenced prior to the permit being issued, all fees for the project will be
doubled.
19
December 18, 2013
B. If an application for the Surface Water and Erosion Control Permit is not approved,the applicant
shall not be entitled to a refund of any filing or modification fee(s).
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent
jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of
this Local Law,which may be implemented without the invalid or unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson,and then on motion of Commissioner
Wittner,seconded by Commissioner Elkind Eney,the Board of Fire Commissioners was unanimously
declared open.
Present were the following Members of the Commission:
Commissioner: Nancy Seligson
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
1. FIRE CLAIMS
On motion of Commissioner Elkind Eney,seconded by Commissioner Katz,it was
RESOLVED that this Commission hereby authorizes payment of the
following Fire Department Claims as approved by the Fire Chief and audited
by the Comptroller's Office:
AAA Emergency Supply Globe/Cairns NFPA Fire Coat& Internal Harness Pants $4686.00
AAA Emergency Supply Fire Hooks Hydra Ram 4" 1445.00
AAA Emergency Supply Replacement Tools 1095.00
AAA Emergency Supply Scott Pak refill& Repair 93.70
AAA Emergency Supply Webbing&Nomex Hood 157.74
AAA Emergency Supply Bunker Pant repair,Scott Pak Bracket, Light&Toollock 439.20
AAA Emergency Supply Saw Blade 90.00
ABCO Lock&Alarm Co Keys 4.90
A S A P ETC. Shipping Alarm Equip.for repair 39.65
A&P Rainaldi, Inc. Repairs to Fire Sprinkler System&Testing 998.30
AT&T Mobility Wireless Service for 10/12-11/11/13 759.45
Amazon.Com Notebooks 26.03
Brewer Hardware Plywood for mounting 34.49
20
December 18, 2013
Byram Mason &Building Supp. 4 Bags of Calcium 69.00
Bound Tree Medicals LLC EMS supplies-Latex Gloves 375.90
Cablevision Cable Services for 11/23-12/22/13 143.99
Carrot-Top Industries New Flags 181.55
Con Edison Gas Chrg for 10/29-11/27/13 532.19
Grainger Saws&Cutter 1112.75
G&K Services Inc. Mats&Rags for Nov.2013 102.80
Hi-Tech Fire&Safety Uniform Gear Pants Repair 585.60
Kaplan Continuing Education Online Training Subscription for Career FF's 1/1/2014- 1190.00
1/1/2015
National Standby Repair Hour Meter repair on Generator 180.01
Nick Bruno Electric, LLC Repairs to Sofit Lights 1000.00
Proftech LLC 2014 Calendars&Day Book 139.97
Poland Spring Rent for Water Cooler&Dispenser 10/19-11/18/13 99.96
Ricoh Copier Contract Billing for p/e 11/22-12/21/13 214.57
Superior Backf low Testing Tested 2 Backflow Devices 175.00
Sound Shore Pest Control Exterminating Services 11/25/13 65.00
Town of Mam'K Fire Dept. Food for 11/2013 Drill & 10/2013 Drill 491.58
Villamaria Pizza Food for fast drill-11/20/13 59.29
Westech Elevator Service Maintenance for Dec.2013 175.00
Total: $16763.62
The above resolution was put to a roll call vote:
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner Seligson Aye
Commissioner Witter stated that the Fire Department previously received a grant for the replacement of
the Fire Coats and Internal Harnesses, noting this is a very expensive piece of required equipment that is
only good for ten years.Commissioner Wittner continued by stating that when these become due for
replacement this will be a very large expense.
2. Other Fire Department Business
Acceptance of Minutes of Fire Council from December 2,2013 is so noted for the record.
Commissioner Elkind Eney thanked the Fire Department for the hard work they did on the Annual Toy
Drive.
There being no further business to come before the Commission,on motion of Commissioner Katz,
seconded by Commissioner Wittner,the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
21
December 18, 2013
1. Adoption of 2014 Budget
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
PRELIMINARY TOWN BUDGET FOR 2014
PRELIMINARY BUDGET TOWN OF MAMARONECK FIRE DISTRICT#1
TOWN OF MAMARONECK, NEW YORK
Adjourned until December 18, 2013
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck, New York on Wednesday, December 4, 2013 at 8:00 PM in the
Court Room of the Town Center, 740 West Boston Post Road, Mamaroneck, New York
to consider the Town's Preliminary Budget and the Fire District Budget for the
calendar year commencing January 1, 2014 and ending December 31, 2014. All
citizens are invited to attend and provide the Board with written and oral comments
and ask questions concerning the Preliminary Budgets. The Preliminary Budgets can
be inspected by the public from 8:30 AM to 4:30 PM, beginning Monday, December 2,
2013 in the Town Clerk's Office, Town Center, 740 West Boston Post Road,
Mamaroneck, New York. The Budgets may also be viewed on the Town's website
www.townofmamaroneck.org
PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the
Town Board are as follows: Supervisor, $37,000;Town Council (4) $6,000 each and the
proposed salary for the Town Clerk is$86,100 and the Town Justices(2)$21,000.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Christina Battalia
Town Clerk
To be published: November 29,2013
On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Public Hearing was
unanimously reopened.
Supervisor Seligson thanked Steve Altieri and Tony Siligato for their tremendous amount of hard work.
She stated that this is a responsible Budget and stronger than the previous year and was accomplished
by using less fund balance.The Town was also able to bring the surplus balances to a higherlevel,while
still maintaining the same level of services. Supervisor Seligson stated that what is being presented this
evening is a Budget with a 2.9%tax levy and a 1.4%tax rate increase for residents of the unincorporated
part of the Town.
The Board Members each thanked Mr.Altieri and Mr.Siligato and added to the positive comments of
the Supervisor.
Mr.Altieri gave a PowerPoint presentation of the 2014 Budget.
The following submittal letter is entered into the record as follows:
December 19, 2013
Honorable Supervisor Nancy Seligson
Members of the Town Board
Town of Mamaroneck
2014 Adopted Town of Mamaroneck Budget
Submitted herewith is the adopted budget for the Town of Mamaroneck and Town of
Mamaroneck Fire District#1. The budget was adopted by a unanimous resolution of the Town
Board/Board of Fire Commissioners on December 18, 2013. Although the budget discussion
22
December 18, 2013
in this letter will generally present the combined Town budget for all funds we are required by
New York State Fire District Law to make separate mention of the Fire District Budget.
Each budget year presents different challenges for the staff and the Town Board in determining
how best to maintain the high level of services provided to the residents of the community at
the greatest value. Of course we face those external economic factors faced by governmental
agencies, private sector companies, and individual households but in addition we continue to
encounter unfunded mandates from both the New York State and Federal Governments.
Unfunded mandates are by definition costs imposed by a higher level of government as a result
of mandatory programs or regulations are adhered to by the Town. In preparing the 2014
Budget we did see improvements in certain economic indicators that relieved some of the
pressures that plagued previous budgets. On the mandate front there have been small
improvements in areas such as pension cost and healthcare costs. Unfortunately the State and
Federal governments continue to avoid action to reduce or remove other substantial mandates
that impact our day to day operations. Nor do they offer sources of funding for compliance.
In the face of all this however we believe that the budget adopted for 2014 is one in which we
have accomplished a great deal in addressing the Town's strategic plan goals. We have insured
in this budget the Town's continued financial stability by continuing to live within our means
and improving upon reserves needed to fund unexpected conditions or funding small capital
projects. Healthier reserve funds will also help us maintain high bond ratings. Finally this
budget will allow for continued uninterrupted services to our community with a minimal
increase in property taxes.
This 2014 Town Budget will be the first for which the tax rates will be based upon the new
full value property assessments. Later in this letter we will explain the implications of the new
assessments upon average property tax bills for Town services. What is evident is that the
outcome of the property revaluation is a more equitable apportionment of the Town's tax levy
now that all values have been revised to reflect market rates. Going forward the Town is
adopting a plan that will insure that never again will property assessment data become outdated
and obsolete. The plan will provide for regular reviews of property value trends and periodic
revaluations.
The Property Tax Cap
This will be the third year in which local governments will operate under New York State's tax
cap legislation. Chapter 97 of the laws of New York State for 2011 establishes a limit on the
annual growth of the property taxes levied by local government. The terminology of this
legislation is important because it is not a cap on the change in the level of taxes to be paid by
an individual property owner or on the tax rates established in the budget. Rather, this is a cap
on the total amount of property taxes that can be raised by local government in the form of a
tax levy. The legislation does not consider levels of assessment or other factors that impact the
rate at which the tax levy is apportioned in the community.
Addendum#1 provides the full details of the property tax cap formula and the calculation of
the cap for the Town for 2014. Based upon the states formula the Town's tax levy for 2014
can increase by$445,840 to a total of$22,788,375 or 2%. Proposed for the coming year
is a tax levy of$22,994,635 an increase of$652,100 or2.996. Included in the legislation is
a provision allowing local governments to override the cap through the adoption of legislation
passed by 60% of the governing board of that community. Such legislation is under
consideration by the Town Board.
Because of a small reduction in New York State Pension contribution rates the tax cap formula
provides no exemption for pension expenses in 2014. While on one hand the reduction in
contribution rates is positive, it does not change the fact that the property tax cap in its
current form is generally unsustainable unless the Town wants to consider large scale changes in
municipal services. A survey conducted in 2012 appeared to indicate that service cuts were
not favored by the community.
A realistic tax cap should reflect the realities of municipal service delivery and the true cost of
local government including the costs of government mandates, the need to maintain critical
infrastructure and costs for state mandated pension and medical insurance costs. In New Jersey
these expenses are exempted from local government tax cap requirements.
Implications of Property Revaluation
23
December 18, 2013
Mentioned earlier was the completion of the property revaluation project. The State of New
York has certified that the Town's assessment roll represents 100% of market value which was
the objective of the project to establish a fair and equitable apportionment of property taxes.
Property revaluation is revenue neutral for the Town government. The property tax revenue
needed to fund the Town government has no direct relationship to the development of
property assessments. There is however a significant change in the presentation of the budget
and tax rates. A straight line comparison of tax rates would show a dramatic reduction in tax
rates between 2013 and 2014 when comparing rates calculated with fractional assessments
versus rates calculated with full value assessments. Addendum#2 is a completely reformatted
Comparison of Taxable Value and Assessments table. To provide a more accurate comparison
of tax rates between 2013 and 2014, the 2012 assessed values, which were used to establish
the 2013 tax rates, have been presented as equalized values using the 2012 equalization rate
of 1.74%assigned to the Town by New York State. Using the equalized assessed values the
2013 tax rates have been re-calculated to be more consistent with the presentation of the
2014 tax rates which are based upon the new full market valuation of assessments. As you can
see from the table the result is a very modest 1.4%increase in tax rates applied to
unincorporated area residents and a small reduction in the tax rates applied to the two Villages;
that being for the General Fund Townwide and Ambulance District.
By reconciling the assessments to 100% of market value we have eliminated the confusion of a
fractional assessment which is effectively an arbitrary percentage of true market value. When
the last reassessment was completed in 1968 the Town established the assessment roll at 45%
of market value. Transitioning to a new full value assessment roll changes all of the values. To
compare the assessments in 2013 and 2014 for which tax rates would be established the state
equalization rate of 1.74% was applied to the 2012 assessments. Again referring to
Addendum#2 you will see that overall the Town's total property assessments rose by$369
million an increase of 4.4%. Comparable assessment increases were realized in the other Town
funds.
Budget Overview
The chart on the next page provides a comparative lookat the 2013Adopted Town Budget
and the Adopted Budget proposed for 2014.
2013 2014 Change %
Adopted Adopted Change
Budget Budget
Appropriations $32,236,882 $33,019,546 $782,664 2.4%
Non-Tax $9,624,347 $9,809,911 $185,564 1.9%
Revenue
Reserve $270,000 $215,000 ($55,000) (20%)
Application
Property Tax $227342,535 $22,994,635 $652,100
Levy 2.9%
The Town Budget is a compilation of nine separate budget funds as required by the State of
New York including the budget for Town of Mamaroneck Fire District#1. Part of the
reasoning for the different funds is that not all services provided by the Town government are
provided to the entire Town. Addendum#3 presents a comparative schedule of the 2013
Adopted and 2014 Preliminary Budgets broken down by fund.
Each year the question arises as to how the budget impacts the average property owner. in the
past we have established an average property assessment to illustrate the estimated impact of a
budget upon an individual property owner's Town property taxes. Prior to the reassessment an
average fractional assessment of$20,000 was applied. Now with the completion of the
project the average full value assessment is $1,100,000. Therefore in 2014 a property owner
living in the Village of Larchmont or Mamaroneck will see a decrease in the average property
tax obligation to the Town of Mamaroneck from $539.00 to $517.00. For a property
owner in the unincorporated area having the same average assessment there was slight increase
in property taxes to the Town from $5,,9,95 to $6,08-T. Remember that residents of the
24
December 18, 2013
unincorporated area receive all Town services. Residents of the two villages receive only
certain services such as recreation, election services, senior social services, ambulance services
and some assessment services.
Revenue Discussion
Since 2008 we have consistently mentioned the extremely poor performance of non property
tax revenues. Of course the importance of these revenues is to ease increases in property
taxes. As we estimated for 2014 we found ourselves conflicted. In the 2013 budget cycle
we began to see small evidence of improvement performance in the economy and non-property
tax revenues. For 2014 there appears to be a bit more light at the end of the tunnel as some
revenue streams showed improved performance over last year. However there is still no dear
cut indication that improvements to the economy will continue in for the next several years.
Therefore we made the decision to remain conservative in our budget estimates for revenues.
The chart below is a breakdown of all revenues used to fund the Town's operations. Not
surprisingly the property tax remains the largest source of revenue providing 70% of the
Town's total revenues with the balance of 30%provided by other sources.
Revenue Apportionment
Sales Tax 2,068,000
Dept. Income 1,571,261
Recreation 2,272,000
Use of Mone) 296,250
Permits 350,500
Fines 235,000
Misc. 79,050
Inter-Fund 379,200
State Aid 1,454,500
Federal Aid 601,300
Prop.Tax 22,994,635
Surplus 215,000
Overall non property tax revenues are expected to increase by$185,000 or 1.896. On a
percentage basis the single largest increase in revenue is for licenses and permits which are
expected to increase by 24% or$70,000. One indicator of a stronger economy is an increase
in residential construction. Most notably is this year's start of the new 14P unit condominium
development known as the Cambium which is scheduled for occupancy in 2015. In addition
new single family construction in the Town is on the rise.
We are expecting sales tax revenue to increase by$/_T0,000 or 6%in 2014. Interestingly,
even during the had years of revenue performance sales tax revenue remained relatively stable
in large part because of high gasoline prices. Now with an improving economy there is greater
confidence in sales tax revenue.
Revenue from our operating departments for certain Town services will increase by about 5%
or$75,000. Departmental income for 2014 will total$1,571,411. Departmental income is
derived from the concept that the services supplied for the fees charged are not provided to
the entire community. Therefore the departmental revenue funds a portion or all of the costs
of these services.
The major components of Departmental Income include:
Ambulance Charges $860,000
Parking Fees $385,000
Water Revenues $293,311
Town Clerk Fees $ 8,000
A#Other $ 25,100
Recreation charges for programs and activities will actually decrease in 2014 by about
$26,000 to $2,272,000. The decrease is caused exclusively by the expected early dosing of
the Hommocks Ice Rink in April of 2014 to allow for the renovation of the facility. The
decision to shorten the 2013/2014 season was to better insure re-opening in September for
the full 2014/2015 season.
25
December 18, 2013
Although there are signs of improvement in the economy, income from interest earnings
continues to decline for the Town. New York State law strictly limits the types of investment
alternatives for local governments to such things as money markets, certificates of deposit, and
instruments of the State and Federal government. At this time none of these alternatives offer
high yields. Therefore we are again reducing our expected interest earnings by$10,000 to
just $41,250. Another source of revenue from rental income will increase in 2014 from
$245,000 to $255,000.
The Town receives $2,055,000 in State and federa/Aid contributing roughly 2% of total
non property tax funding. Aid from New York State totals $1,454,500 with the greatest
proportion coming from local government's share of the mortgage tax which for 2014 is
expected to total$P/0,000, a $60,000 increase. The Town is also expected to receive
$65,000 to help fund road improvements and$140,000 in genera/aid. For the Community
Counseling Center the Town will act as a pass through and receive $330,000 towards the
operation of the program. There are then smaller amounts for youth programs and the
supplemental meals on wheels program.
Federal Aid for the coming year is estimated at $601,000 with the largest portion $535,000
app lied to the operation of our Section 8 Housing Voucher Program. The balance of the
Federal Aid will help subsidize our senior nutrition program, the majority of our meals on
wheels program, senior transportation program and selective traffic enforcement program.
The last funding source to be discussed here is the application of surplus funds to the Town
Budget. Earlier this year the Town Board adopted a Fund Balance Management Po/icy. The
purpose was to establish goals for sufficient reserves to:
Provide sufficient cash flows for daily financial needs
Protect and maintain investment grade bond ratings.
Offset economic downturns
Fund unanticipated expenditures and events.
App lying these goals to the 2014 Town Budget we have recommended the further reduction
of the application of surplus. In 2014 we propose app lying surplus funds in the amount of
$215,000 for all budget funds. This is a decrease of$55,000 from last year and a decrease
of$625,000 from the 2012 budget application of surplus.
The fund balance policy establishes a benchmark of maintaining a surplus equal to between
15916,and 25% of appropriations. We estimate for the end of 2013 our total surplus for all
funds should he approximately$8.1 mil/ion or 22% of appropriations. On a fund by fund
basis some of the Town's smaller funds have surpluses below the benchmark which we look
forward to improving in the next year.
In summary the revenue appears to be on the uptick but we remain guarded in our estimates
until such time as we see greater confidence in economic indicators for future years.
Expenditure Discussion
For the coming year the Town's estimated expenses will be
$33,019,046 an increase of$782,000 or 2.4%. Below is
an illustration of the major categories of expense as a
percentage of all expenses.
Under the heading of personnel the Town's total salary
®Sala ries expense for the coming year will be $13.2 mil/ion an
®Benefits increase of 4%. /t is important to note here however that
27% 6% the Town has only recently settled two of its three collective
°`°nt.Exp bargaining agreements dating back two years. Therefore the
❑Debt change between 2013 and 2014 represents the cumulative
i impact of the salary adjustments for the two years. The
.Equipment contracts recently settled provide for an average salary
®Transters adjustment of 2% over a four year period.
The contracts settled in this latest round of labor negotiations
provide for increases in employee contributions to health
insurance for new employees. Also for the first time new
26
December 18, 2013
employees will contribute to the cost of health insurance in retirement.
In terms of total headcount the Town's total full time staff next year will be 125 employees
which is a reduction of two positions from 2013 and a total of ten positions since 2010. Cuts
in full time positions has resulted in an increase in the time it takes to provide certain services
however those changes are of no consequence to overall service delivery. However further
cuts in full time personnel will have a more material impact upon service delivery.
For 2014 benefit costs have stabilized significantly. Overall our total benefit costs will increase
by less than one half a percent. Health insurance costs will actually decrease by$126,180
next year as a result of a decision by the NYSSHIP, the Town's health insurance carrier to self
insure for claims. Pension contributions will total$2,738,000 an increase of$70,000 from
2013. This is a result of moderate salary adjustments and a reduction in contribution rates
charged by New York State. Worker's compensation costs will increase by$43,000 in 2014
to $562,185. The increase is a result of our loss ratio and the continued impact of a doubling
of the indemnity rate which was approved by the New York State. Also our premium rating
continues to carry the effects of the tragic death of an employee in 2011.
Contractual expenses, those that are incurred each day for government operations will increase
by 1% to $8.9 million, an increase of$94,360. This category of expense covers a wide
variety of expenses from liability insurance, to energy costs to supplies and outside vendor
services. In the category of liability insurance there has been a noticeable hardening of the
market which tends to drive up premiums. The Town is fortunate to have an excellent loss
experience for liability insurance which limited our increase in premiums to about 6.5%
or$21,000.
Energy use as measured by units of consumption by and large has decreased within the Town
government however unit cost increases have made it difficult dramatically reduce overall
expenditures. However for 2014 our total energy costs will decrease by$3,200 to
$805,000. An anticipated energy service contract in 2014 will help to further reduce both
energy consumption and costs. The Town through its purchasing procedures and operations
has consistently held changes in contractual expenses to a minimum.
Debt expenses for the principle and interest payments by the Town will total$1,861,330 a
decrease of just over$36,000 from last year The Town's total outstanding debt including
principle and interest is $21.8million. As a percentage of total expenses, the Town's debt
payments for 2014 are just 6% of total appropriations. Generally a good debt expense
benchmark is 10% of total appropriations. The Town is well under this benchmark
The discussion of debt expense leads to the capital projects planned for next year. In
considering the capital plan the Town evaluated its entire infrastructure, facilities and
equipment.
The table below provides a detail of the financing of the plan.
Total $6,692,0001
Expenditures
Budget Approp. $286,000
Existing Capital $60,000
Funds
Transfer Water $110,000
District
lnsurance/FEMA $100,000
Funding
Required Bond $6,136,000
Financing
1 Comprises$3,900,00 estimated for Energy Services Projects and $2,792,000 for all categories of other Town capital
projects.
27
December 18, 2013
The largest component of the plan is $-T.9million of needed energy services projects to reduce
energy consumption and replace obsolete equipment at the Hommocks Ice Rink, Town Center
Building, and Fire Headquarters building. In addition the plan is to replace the Town's street
light inventory with new LED lighting. Energy Service Agreements have become popular in
that the goal is to finance all or a portion of the capital investment with the energy
consumption savings. At this time the Town is evaluating proposals submitted back in
September. The plan is to award a contract in January of 2014.
Other Capital Improvements planned for 2014 include:
Equipment Replacements $ 749,000
Other Building Improvements 299,000
Highway Improvements 753,000
Sanitary Sewer Improvements 35,000
Storm Water Drainage Improvements 60,000
Recreation Facilities 653,000
Water System Improvements 110,000
Technology 8T Other Equipment 133,000
Total $2,792,000
For 2014 the Town Budget appropriations for capital projects has increased by$110,000.
This offers flexibility for the Town going forward. Included in this additional appropriation are
a series of smaller projects for which borrowing funds are not worthwhile. Going forward into
2015 the Town has the option of reducing capital projects and removing the appropriations
should other expenses increase or leave the appropriation in place to fund other projects and
avoid further debt.
Conclusion
This completes our presentation of the 2014 Preliminary Town of Mamaroneck Budget. It is a
responsible and resourceful budget that capitalizes on improving conditions that have previously
burdened the Town's budget. The proposed budget provides an excellent value to the
property owners by continuing all services at a reasonable cost. At the beginning of this letter
we pointed to the accomplishments of this budget and they are worth pointing out again. The
2014 Town of Mamaroneck Budget the following.
Financial Stability
Growth in Reserve Funds
Flexibility in Future Budgets
Invests in Needed Infrastructure Improvements
We want to thank the Supervisor and Town Board for their work and input on this budget.
Many thanks also must go to the Town Department heads and staff for their work as well. We
are fortunate to have assembled a staff whose expertise is invaluable in the delivery of services
and preparation of the annual budget.
Sincerely,
Stephen V. Alder! Anthony S. Siligato
Town Administrator/Budget Officer Comptroller/Director of
Finance
On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following was approved,
WHEREAS,on October 16,2013 the Budget Officer submitted to the Town Clerk,the
Town Supervisor and Town Board the 2014 Tentative Budget for the Town of
Mamaroneck,and
WHEREAS, on October 23,October 29, November 7, November 13,and November
19 of 2013 the Town Board held public work sessions to consider amendments and
changes to the Tentative Budget,and
WHEREAS,on December 4 and December 18 2013 the Town Board held Public
Hearings on the 2014 Preliminary Budget for the Town of Mamaroneck,and
28
December 18, 2013
WHEREAS,on December 18,2013 an amended 2014 Preliminary Budget was
submitted to the Town Board and presented to the Public.
NOW THEREFORE, BE IT
RESOLVED,that the Town Board does hereby adopt the revised 2014 Preliminary
Town of Mamaroneck Budget as the Final Operating budget for 2014.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
2. Appointments—Boards&Commissions
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was
RESOLVED,that the Mamaroneck Town Board does hereby appoint Ralph Engel as
an Alternate Member to the Planning Board,and
BE IT FURTHER
RESOLVED,that the foregoing appointment shall be effective immediately upon
the appointee taking and subscribing the oath mandated by section 25 of the
New York Town Law and shall expire on December 31,2019.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
3. Authorization— Consulting Agreement—Laserfiche Software
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the Consulting Agreement
with Rosalind Cimino,for the upgrade of the Laserfiche Software and the integration of the
Laserfiche and Municity Software, by for an estimated project time of 150-200 hours,at a rate of
$50.00 per hour.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
4. Approval of Certiorari
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,it was
29
December 18, 2013
RESOLVED,that the Town Board hereby authorizes the settlement of the following
tax certiorari on the following terms:
150 Larchmont Avenue
Block: 613 Lots: 475
Town of Mamaroneck/Village of Larchmont
Year Assessment Amount of Reduction Reduced Assessment
2012 $21,200 $12,180 $9,020
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
5. Salary Authorization—Recreation
Police Department
Town Comptroller's Office
On motion of Councilwoman Wittner,seconded by Councilwoman Katz,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve of the following
salary authorizations as approved in the 2013 Town Budget as follows:
ATTACHMENT A
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby promote Michael Guevora to the
position of Detective with the Town of Mamaroneck Police Department at an annual salary of
$107,955.00,effective January 6,2014.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby appoint William James
30
December 18, 2013
Kennedy to the position of Probationary Police Office at an annual rate of$40,000,
effective December 19,2013.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
On motion of Councilwoman Wittner,seconded by Councilwoman Katz,it was
RESOLVED,that the Mamaroneck Town Board does hereby appoint Wendy Lee to
the part-time position of Intermediate Clerk in the Comptroller's Office effective
December 12, 2013, at an hourly rate of$25.00.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
APPROVAL OF MINUTES—November 20,2013
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was
unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve the Board
Minutes from the Meeting of November 20,2013.
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilwoman Elkind Eney noted that the she and the Board attended many celebrations over the
holiday season.Of note was the Fifteenth Anniversary of the Hispanic Resource Center. Councilwoman
Elkind Eney thought this was a wonderful event and noted what a great service this organization
provides to our community.She attended the Village of Mamaroneck's Tree Lighting and the Winter
Celebration of At Home on the Sound.Councilwoman Elkind Eney attended the Recreation Commission
Meeting where they discussed gearing up for the summer programming and she attended the
Community Counseling Center's presentation at the home of Jane Orans.Councilwoman Elkind Eney
also attended the Senior Center Holiday Luncheon,the Westchester Municipal Officials Dinner,the
Winterfest in the Village of Larchmont,Skate with Santa at the Hommocks Ice Rink,the swearing in of
Chief Caparelli of the Larchmont Fire Department,the Summit Meeting discussion of the Affordable
Health Care Act and the Larchmont Chamber of Commerce's Holiday Party.
Councilwoman Elkind Eney announced the upcoming Martin Luther King,Jr.Annual Events, noting there
will be a Jazz and Poetry night on January 91"and on January 12`"in conjunction with the Friends of the
Library,a discussion with Jonathan Reider,the author of"Gospel of Freedom".
Councilwoman Katz noted her attendance at many of the previously stated events,adding she also
attended a Town meeting for the web site redesign.She noted the enjoyable Senior Center Luncheon
and the Town Holiday Party.Councilwoman Katz thanked Jane Orans for hosting the Community
Counseling Dinner,adding this is a great organization that is very evident in our schools.Councilwoman
31
December 18, 2013
Katz attended that same evening the Planning Board Meeting,adding it was a quiet meeting with only
two agenda items.
Councilwoman Wittner noted she had a personal announcement. Councilwoman Wittner announced
that she will retire in the month of January.She noted that she has enjoyed her years on the Board and
her service to the Town.Councilwoman Wittner thanked the current and former Boards for their help
and knowledge.She most certainly thanked the staff of the Town and Mr.Altieri for so many good
years.On a lighthearted note,Councilwoman Wittner passed on the torch of closing the meetings to
Councilwoman Katz.
Councilman Odierna noted his attendance as well at many of the previously mentioned events.
Councilman Odierna also attended the Healthier Communities Meeting, noting that the leadership team
spearheaded by the Rye YMCA is working on a goal of a large scale community health fair.Councilman
Odierna will keep the Board apprised of those developments.Councilman Odierna attended the
Westchester Municipal Officials Dinner noting the attendance of former Supervisor Valerie O'Keeffe.
Councilman Odierna noted the continued work on the web site redesign,adding there is still time for
public comment through the Town's web site survey.Councilman Odierna attended the LMC-TV Board
of Control Meeting at which they continue to discuss the relocation and consolidating of their operation
into a new location.
Supervisor Seligson stated that the Town hosted a Housing Settlement Workshop in conjunction Rose
Noonan of the Housing Action Council and Tiffany Zezula of the PACE University Land Use Law Center.
This was a very helpful forum that can be seen on LMC-TV.
Supervisor Seligson personally thanked Councilwoman Wittner for her incredibly dedicated and loyal
service to the Town.She has been a workhorse for the Town for many, many years.She has carved out a
name for herself as a champion of our natural resources and for the entire Town. The Town is sorry to
see her retiring but added that she will continue to be a sought-after resource.
The Board while still determining the final dates for 2014 Town Board Meetings decided to make a
motion on the dates for January 2014.
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve of the
January Town Board Meetings to be held on January 8,2014 and January 22,
2014,with the remainder of the calendar to be set at the Organizational
Meeting on January 8,2014.
ADJOURNMENT
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the meeting was
unanimously adjourned at 9:50 PM
Submitted by
Christina Battalia,Town Clerk
32
December 18, 2013
ATTACHMENT A
33
December 18, 2013
oo
E
=(D
ro MOTION SECOND
Oro
o zz
Cc
J E
cn u) (1)
co (1)
g a)
IL --
U3
it)
0 0
a)
a
0
rL
CL
<
E 0 Cq cl) (14 N N N N C\l p
0 D 0 0 N N N N
9 9 0 9 S 9
0 CX) OD W' w w C6 ob I Cb W, 9 9 9 9 9 9 9 9 9 9 9
Co w w w w w w w Co w w C w
w (D (D (o (o 0 to w 0 w 0 w (D M 0 0 to w w w w 0
LL N (N (N C', N N N N N " N N N N N N N N " N N
C3 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0
a) 4w a) -2 1
0 2
E
0
E u) a
a) .0
n� 16
o <
cLCf (L 0 C3 CM a)
E
0
M Q a)
Lo
0
0
0.0 Z5 Z5 Z5 Z5 w �5
o -0
u) E
Co -j 3 3 3 3 3 3 3 3 -01 -01 -j 0i -01 -1 -j -j -j
> a) 0 0 0 0 0 0 a 0 O O O O 0 0 O O 0 O O O L3 .2 q
W U) 4' 7- -�6 7t5 6 m — — is — —
CL — 2 2 2 2 2 2 T 2 2 2 2 2 il
ra U U 0 0 0 o o 0 0 0 0 u U 0 0 o 0 o 0 0 0 0 o
75
A
0
cn
�4
0:5
0
E a 0
M
(D
0 it
0 E
>
0
0
0 1 41 0 6
9
0) :� 0 u
X I a) -j 75
0
(D
� E
0 0 0 0
r4 u n
34
December 18, 2013
< z K on
w 0
M
;3
(D M
-u
(D
C 0
fi (0 (D
0
M F,
0
3
C6
0
M
0
C
it
M M M M M (D (D M (D (D @@ M (D (D CD (D (D (D (D (D (D 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
D > D > > > > > > > > > > > > > > > > > ag a> >
99 9 9 a 9 6* 9 9 9 9 9 a a a 1:1 9 M >
n :3 :3 :3 :3 -3 n CD <
M a a 0- OL
(D
3 0 (D
0-0 @
0 -0
(D 0)
> (D
M
0
0
:3 o
CD
(A 3
(D (D 0
rr
n 0 C3 0 n C) C, 0 0 C3 C3 0 0 0 0 0 C! 0 0 0 0 0 0
N " K) N " M . M M . . to " N) " P-) " NO M
4 -4 -4 V V �g --4 -4 -4 -A -4 -4 -4 -,J -4 -4 -4 -4 -4 -IJ -,J -IJ
p (P ? I . I 1p I (P 9 9 ID 1p 1p 9 9 0 0 0 0 c) 0
00 0 0 CD 0 0 0 C) 0 0 C) C> 0 6 6 6 6 6 6
C:, 0 C3
(.n al (n M M M M 01 0 0 (,Vl ()n an M C-11 M ul LTI 01 CT Ul M
0
Q
O (D
>
o
ro
OD
�3 3
CL
F
zt (D
-0 25-
35
December 18, 2013
E Zi
*@
0 o
IQ >
.2 .2 .0 0 .0 P .2 .2
ca 42 g w 0 --w --0 g 0
--
W ,o U">
0 N N N N N (N C-4 N to
o
tv
>
c
C
a)
ID.
<
w Ys
0
E Cq N N N N N N N (N Cq N N N N N N N CV Cq N N 04
9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 0 0 0 9 (D 9 0
0 (o w M 0 (D w
LL M 0 M M M M M M 0 M Na
00000000000000000000000
M - 6
CL O.C) co
E c
0
To
a)T
4-
0
CL a)
W CO N aZi v o a v v v -Do Ls -a, -a_
0
-1 _j -j -j _3 -j -j
cn
O
OJ
O
E
O E
> z
H o
o
w ar-)
a) 0) 0
g 6
- - N , �5 = .2
-Do D) E w
3 .CO 2
0 Z w CD
C 2
N C.
=o I >
C) u-
0
36
December 18, 2013
N C > 00 07,
c c cu 3
, .r 3 w M fD
�?.
. ��: 1
A (D su T� 0 ol M
ID M a
-3 P 0 X
0 CL M M fD
CL 0
0 v
co 0 ro (D
0
3
3
(D
Q
0 (DI
0 w
0
G i
CO
0
Q
M M 9 0 0 0 0 M w M M 0 M 0 0 0 M M M M 0 M M
0 0 � 0 0 0 0 0 0 0 0 !Q 0
0 0 q q <
@ @ M 0 m m (D @ —
9t Cn R
>
0 0 0 0 0 0 a 0 0 6- E5' 0' 0' '0 0 6' 6' Z5' 5* 3' o 6 6' (D
< Cl) Q
A) (D
(D. (D-
M M M M W (D- W
r- r- - - - - - r- - r r
,rD (D CD frD rD rD (rO rD r 0 r r r r(l) r r m (D
a M a a a a a a R a CL CL CL CL CL CL 21 CL CL CL OL a a- :d
(D 9! CO2: (D M o
= 0
V OB-7
-r M iv Q
, a >
0
D
3 @13 CL
>
"a
-0
(D 0 0 0)
0
a ZC3
0 (D 14
0 0
(D rq.
:3
rs(D rq� 0 0'
0 C� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C� 0 0 C) LT Q)
N) ro K) 11.) to M rl) N N) N 2 2 r) N) 0 -n
W Ol CO M CO 0 T 9D T T 90 9D T T oO (p T T T 90 T N 0
o 6 p 6 6 6 6 6 6 p o o 6 o o o o 6 6 6 p p p
K) K) rlj N N 110 111) N to M
0
a
o (D
>
0.
M
O
CD
M
<
o
0 0 0 0
N < < <
0
(D
-0
t (T C)
37
December 18, 2013
7t
,z - - - -
a N �
cS. 7 7 7
E
— — -
- — — —0 -0 -0 -0 —wi
.2 > > > > > > > 1>1 1) 1 2)! > k 2 >
to 'Or_LB �3 U B 13 �O t t5 , t �3 t B 'B t
Z7- tor 0 1 NE -'.0 V. go
0 to LO �E g
0 to �3 a) to to 0) 6) 0 0 �b
tl- " Cli V
CU
0
0) 0)
0
0
a)
A=
0 <
CL
a-
Q
V
• 0 N N N N N N N
0 00 0 ' 0 O
9 9 9 9 9 0 9 9 9 9 9 9 9
0)
0
LL U N N N 04 N N
0 C3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD. 0 0 0 0 0 0
U) -0
W 0
0
E
E to 0
C
a) 0
S 16
C 0 <
a. 0 6
CL
a E
r 0
0 in
ri 0 0 .0 W
0 M E
-2 -2 -R 2 P 2 2 22 E P 2 P
n D M D :3
0) 0) M CD M M Q) 0) U,
:D 1D D in
N
U)
A
0
0
U)
E
0
It
0
> C:
0 t4 Cl: CM:
CY) 0 (1) 0 C
'S -C 22 -,, . . - . ... ,
0 0 'PJ .2 " "9 (0
U) 9 _0 0 ;:1-
< 2 a z C) CL 0 -CQ -Cp
(n w b
L M: 0) �C Ca ID
E .1 u a) x
— - �: a 0
0) U C::
04 E
0 LL
< -j < 2 U) 22 a2 }-z �5 5 uj 0 < R < W(,"
38
December 18, 2013
0 CD 11 0 0
ty
(D
@ 3 Z (n
Cu
zr
(D Co al ET o 0 M 10
E w = :3 =r CD (D
'o :3 D m U)
0
n
, (D
0
z
M 9 81
3 0
(D
w 3
0
C
O
0
W.
Cn
0
C C C C C C C C C a a C C C a a a a z
0 w 0 w w 0 w w 0 0 0 w 0 w w 0 w 0 w M M 0 w
a a a a a a a a m (D < (/) (D
"a w CD
0 w 4 — A) w
(D CD
--I
3 Ai N
(D (D Cr 0 L-i
0
0 0
, a l<
CD (D
Ch >
(D
>
CD
w
0
(D tj
0
0 (D CD
0 0 0 0 0 C) C) 0 0 0 0 0 0 0 0
N) N) rl) to K) Ili w N) . . . to N) " " " r-1) " -n
0 (o w 0 to w w w 0)
0 0) 0 0) 0) M M 0) 0
c, 6 6 6 6 6 6 6 O 6 6 6 6 0 6 6 6 6 tj 6 6 6 6
. . . . . . . . . .
o CD
'a
o
CL
7' 7' p PO (D
01 4 Co t5) f0 Clt
0 ID O
C),
Q.
tmt zt
S E: S w ;u
— — — -- (D
O
39
December 18, 2013
01
0
E
E N OL M a
-Cv z :z :�
0
C
0 W 0 >0
> >
>
- U
OD
N to to to to
Rf r- (0 to CO
0 0
rt
a)
E
0
Q) t
T
E0 N (14 (N N N
9 9 9 9 9 9 9 9 9 O 9 9 9 9 9 9 9 C) C>
0 to U) ID to to to to to to to to to U") M to to U') 6 t6 Lh 6 6 to
Cu M M to M (0 W (0 W W to (0 M W W (0 0 W 0 0 co W (0 (0
LL N N N N N N N N N N N N N N N N N N N N N N N
0 0 0 0 n a C3 C3 a (D a 0 (D a 0 Cl 0 0 0 0 0 0 0
a U) V) M
a) 4.-A a) 0 1
0 a 2
41 (D 0
2 H E -0 C
a) 0
ry
0 <
CL 0 () 1. -
(D
E
CL a) 0
C
0
0 - - - - - - - - - -
(0 .5 3: 0 0 W 0 !� > > > > > > W 0 M 0 v !� v
0 4) > > > > > > > >
CL 0. CL CL u CL a a a Q. a CL 0. a- CL CL CL 0. a- 0. 0- a a
0 Q) W U) w CO 0 (1) (n (1) (0 0) w
pw CL
W (J) > a) .0 0 0 .0 0 0 0 0 0 0 0 0 .0 '0 L) .2 0 0 0 0
-2 o '2 io m tau 12 -20 '20 o m t 16 fo -2 o
75 w w w w w Of of 0e fil- � a w w w � w w w w x w w w
cn
O
cn
0
0
0
E
s. > 2
0
0 a)
a) 0) 1
V5
Pe ra
U O Y E E >
0 E d,
�Q -C
0 u 0
O
40
December 18, 2013
W Z t- r- CD z C- > 1) i� w 00 OM
oo T, =Or E3 0 'a
:3 P, (D
Q (M �z C� =) 0
a' Z M M M Cu
CD
CD (n
0
CL (D (0 (D
0 0
0
z <
0
O
0
(D
0
0 0 0
0 n 0 0 0 0 0 0 0
>
6' 6 6- EF 0' 6- 25- 6' 5- U 6- 5- o 5- 5' 5. 0' F). 0. 6- U B. 0 CD CD <
=5 :) =1 = = = :3 :3 =1 = ::l M M n :3 z :;3 :3 n z M :3 Z) ;l -0 A) 0
r- r, r- r- r
f; r- r- r- r- r- r- r- r- r- r- 0 0) — w
0 0 M (D (D (D M (D (D M (D M (D M (D 0 (D
w a) w a) a) w 0) w w a) 0) w a)0. 0) w w w 0) 0) 0 a) w w (D
o- Q. CL CL a a rL D. a o' 0� rL Q. a. CL CL a CL CL CL CL
ID (D ro 0
(D (D
CD
:3 0 :3 0
0—
CD (D tr— M
0
,<
@
_ (j) (D
0 >
3 �(D
>
M o 0) 0
:3
0
0 (D
in su f
0 0
Q
0
Cr (n 0
0 0 0 0 0 0 0 0 (D 0 0 0 0 0 0 0 0 a 0 0 C, C> C)
N K) r\) t\) K) 1\) N po N N) po f,) K) K) r\) N) po tQ N) NJ N.) N N) n
OD T T T 90 90 T 97 T T 90 91 �o Co 90 93 T T T 93 T 9D 93 uw) 0
0 0 0 0 0 C= 0 (D (D 0 0 0 0 0 (D O 0 C) 0 0 (D 0
N 11) rl) N) 11) N) N N N N N N) N) fli K) N Ili M N) K) K) N M
0
o (D
2.
>
70
"0
>
I
O
4
W O 03 0 0
� -51 51
fD% (D (D (D (D
a CL
R, L't CL
(D
-wo
0
41 41 4 A A A A A CD
41