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HomeMy WebLinkAbout2022_12_07 Town Board Minutes Town of Mamaroneck � Town Board Minutes r Wednesday, December 7, 2022 Courtroom, Second Floor of Town Center 5:00 PM PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Robin Nichinsky, Councilwoman ABSENT: Jeffery L. King, Councilman ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft, Assistant to Town Administrator Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Town Board unanimously agreed to open the Work Session at 5:OOpm. WORK SESSION ITEMS 1. Discussion - Income Level Increase for Senior Citizens and Persons with Disabilities Exemptions Pamela Valenza, Town Assessor, presented the opportunity for the Town to increase the income level criteria for senior citizens and persons with disabilities, to qualify for partial exemptions on their property taxes. The Town Assessor noted that periodically this legislation has been passed by New York State which authorizes local governments to increase the income level criteria for those who qualify for these partial exemptions. The last adjustment made to this income structure was in 2009. Currently, the Town of Mamaroneck has approximately 175 taxpayers that take advantage of these exemptions based on the current criteria exempting one between 5 to 50% off of their taxes, depending on the taxpayer's age and income. Of those, currently 155 are at the 50% discount level with a household income of$29,000 or less. The new suggested threshold for income level is $58,399.99, which has already been adopted by Westchester County. The Mamaroneck Union Free School District will need to let us know if they adopt. The Town Board agreed the new criteria would benefit Town residents and requested Town Attorney William Maker Jr. to prepare a local law for review. Town Board December 7, 2022 2. Discussion - Extension to the Agreement for PACE Land Use Law Center Town Supervisor Jaine Elkind Eney explained the need to extend the end date for the agreement with the PACE Land Use Law Center for the Town's Comprehensive Plan from December 30, 2022, to May 30, 2023. The Supervisor explained there are no additional fees or costs involved, we simply need to extend the timeframe to complete the Comprehensive Plan. 3. Discussion - Sidewalk Construction IMA Waverly Avenue Bridge Replacement Town Attorney William Maker Jr. introduced the IMA, noting that the County insisted that the Town and Village enter into an IMA in order to complete sidewalk construction in connection with the Waverly Avenue Bridge Replacement. The Board discussed making several changes to the IMA. The Board agreed to defer this to the Town Board Meeting on December 19th, in order to allow Attorney Maker to include the Town Board's suggested changes to the IMA as well as answer several questions the Town Administrator had regarding the project. 4. Discussion - Renewal of Agreement Southeast Consortium Town Administrator Meredith Robson explained that this is the 2022 agreement. There was a delay to the signing of this agreement because of litigation and concerns of structure. Then, the litigation was dropped. The Administrator indicated that the fee structure is under discussion and is likely to be updated for 2023 and going forward. Administrator Robson noted that the numbers for 2022 on this agreement have not changed from 2021 . 5. Discussion - New York State Volunteer Firefighter Cancer Program Supervisor Elkind Eney introduced the idea of enhancing the benefit for eligible volunteer firefighters to include all cancers, not just the nine specific types currently covered, at a total increase in the premium of$2,499 per year. The Board unanimously agreed to enhance this benefit. Approval of this will be added to the regular agenda for this evening. 6. Discussion - Lot B Reconstruction - Request for Compensation for Lack of Access Town Clerk Allison May requested the Town Board consider compensation for Lot B permit holders due to ongoing repairs to the parking deck. The Board requested the Town Clerk prepare a spreadsheet of estimated costs, as well as a resolution with Attorney Maker, in order to review at the Town Board work session on December 19, 2022. 7. Updates Supervisor Elkind Eney • Tree Law - Changes continue to be made, so will put off discussing with the Board until next the meeting. • REALM - Sent the Town Supervisor a request for clarification on which areas are acceptable locations for the monument; see Attachment A. The Town Board discussed the various proposed locations, agreeing that it matters more that the monument fits in with the chosen location than choosing one location over another. The Board decided they will look together at the four proposed locations but agreed they would rather not give a decision on a preferred location without having an idea of what the proposed monument looks like. Councilwoman Nichinsky • Had been approached by Joe Liberti and had attended a presentation by a number of Mamaroneck High School Government students. The students had applied for a grant from the Mamaroneck Schools Foundation (MSF) to study and mimic how governments deal with budgets. They could possibly work with one department, for example Recreation, with a budget from MSF. They would survey other students on their desires for how to best use the budget. We Town Board December 7, 2022 could include a liaison from Town Board and a Town Department Head. Councilwoman Nichinsky will forward the students' PowerPoint presentation to the Town Board and will request copy of their grant application to share with the Town Board as well. Administrator Robson • Informed the Board that the cost of Health Insurance in the 2023 Budget which had been estimated at 10%, has come in at 15.3%. This equates to a $256,440 funding shortfall. The Administrator distributed the 2023 Budget Health Insurance Update, see Attachment B. Comptroller Yogman shared two options for funding the $256,440 shortfall in budget. The Town Board discussed the pros and cons of using the fund balance verses the tax levy and agreed to move forward using the tax levy. 8. Additions to Regular Agenda There were no additions to the Regular Agenda. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT Welcome to the December 7, 2022 meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room A starting at 5:OOpm, which is open to the Public. Budget The Town Board continues to work on the budget. We will have a public hearing on the Preliminary Budget tonight, as well as a public hearing on the Preliminary Budget for Fire District No. 1 This week we passed the budget for the L-M Joint Sanitation Commission. This past week Meredith and I attended a meeting with members of the Library Board to discuss their budget. While they are on a fiscal year with the Village of Larchmont, so their Budget isn't passed at this time, their budget informs our budget. On December 1 , 1 had an opportunity to speak at the public hearing for the Westchester County Budget. I discussed the funding needs from the County of the Town of Mamaroneck, specifically, the need for funding to study our storm sewer/drainage system so that we will be able to address our flooding issues; the need for funding to acquire land for affordable housing; and the need for sewer consolidation so that the County takes over this service. The County budget is due to be passed on December 12. Swearing in Ceremony Monday night I attended the swearing in ceremony for the newly elected/re-elected officials in the Village of Mamaroneck. I want to congratulate Lou Young on his re-election as Trustee, Leilani Yizar-Reid, and Manny Rawlings on being elected Trustee, and Christie Derrico and being re-elected Village Justice. Then, I raced down the Boston Post Road (of course obeying the speed limit) and attended the swearing in ceremony in the Village of Town Board December 7, 2022 Larchmont. I want to congratulate Sarah Bauer on her election as Mayor, Peter (Bubba) Fanelli on his re-election as Trustee and newly elected Trustee, Charles Manice. We look forward to working with all of you and wish you much luck going forward. Comprehensive Plan Update We are continuing the process of updating our Comprehensive Plan. Over the past several months, the Town, with input from residents, helped identify community needs and actions for the future of the Town. The next step, through community workshops, is to review our analysis of your comments and ideas to see if we've got it right! It was a pleasure to see so many of you on November 30th at our "in person" community workshops. For those of you who were unable to attend "in person", we have created an online experience of the workshop! Please go to our website www.townofmamaronecknv.org to take advantage of the opportunity to tell us if we're on track for your vision for the future of the Town. LULA I am pleased to report that the Town was one of four communities in Westchester County selected to participate in the Land Use Leadership Alliance (LULA) Training Program on Affordable Housing conducted by the Land Use Law Center of Pace University and the Housing Action Council. The program, comprised of three full-day sessions, focused on affordable housing. Consultants met with the team from our community to discuss local and regional housing needs. They took our team from beginning conversations on local community housing policies to developing implementation plans. The curriculum included instruction on site plan analysis, zoning analysis, visioning sessions, feasibility of site design and financing and funding considerations. The program helped us create networks of support, identify successful community building and housing techniques, and develop short-term and long- term implementable housing strategies. We were grateful to have been invited to participate in such an informative and worthwhile program which addresses a vital need in our community. I want to thank the members of our team who devoted a lot of time and thought to the project: Meredith Robson, Town Administrator; Rob Wasp, Town Engineer; Steve Marsh, who already donates his time as a member of the zoning board (after a stint on the planning board); and Dolores Battalia, Chair of the Housing Authority. Fields For Kids Councilman King, Administrator Meredith Robson and Town Engineer Rob Wasp are continuing to meet with Fields For Kids to explore opportunities for improvement of our athletic facilities. Sustainability Collaborative Last night Meredith and I met with the Sustainability Collaborative to discuss the many of the environmental issues that they and the Town are addressing. It was a fruitful meeting. I want to thank them for their passion and diligence in helping to promote the sustainability of the Town of Mamaroneck Events Attended AJC Breakfast: Sabrina and I attended the annual AJC interfaith Thanksgiving Breakfast held at Westchester Community College. The speakers included State Senator Andrea Stewart-Cousins and Lt. Governor Antonio Delgado. I will let Sabrina speak more about this during reports of council. Larchmont Mamaroneck Interfaith Service: It was a wonderful service conducted by members of many of the religious institutions in our community, filled with music and a lot of thoughtful speeches. Upcoming Events On December 18, TMFD and Recreation Department are hositn a Skate with Santa from 1- 3:30 at the Hommocks Park Ice Rink. Please consider bringing a new, unwrapped toy, which will be donated to a local charity. In the alternative, you can bring it to the Firehouse @205 Weaver Street, now through December 18. New, unwrapped toys are also being accepted at TMPD police station here at the Town Center for the Toys for Tots program now through December 19Th I wish all who celebrate a Happy Hanukkah, which starts on December 18. Next item on the agenda is public hearings. Town Board December 7, 2022 PUBLIC HEARINGS 1. Preliminary 2023 Town Budget and Town of Mamaroneck Fire District #1 Budget The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE PRELIMINARY 2023 TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET NOTICE IS HEREBY GIVEN, that pursuant to Section 130 of the Town Law of the State of New York, the Town Board and the Board of Fire Commissioners will hold a public hearing Wednesday, December 7, 2022, at 8:00 PM, to consider the Town's Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1 , 2023 and ending December 31 , 2023. The 2023 Preliminary Budget can be viewed on the Town's website, https://www.townofmamaronecknv.org beginning November 23, 2022. PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $41 ,013 Town Board (4) $6,562 each and the proposed salary for the Town Clerk is $106,725 and the Town Justices (2) $22,967 each. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published November 30, 2022 On motion of Councilwoman/Commissioner Katz seconded by Councilwoman/Commissioner Fiddelman, the public hearing was unanimously opened. Town Administrator Meredith Robson and Budget Officer and Town Comptroller Tracy Yogman presented a PowerPoint of the 2023 Preliminary Budget for the Town (see Attachment C). Supervisor Elkind Eney asked if any Town Board Members or the public wished to comment. Michael Gottfried of 16 Ocean Avenue, Larchmont addressed the Town Board. Mr. Gottfried thanked the Town Comptroller and the Board and the Town Administrator for their work on the Budget. Mr. Gottfried reiterated his idea, which he had submitted to the Town Board in writing, about developing a Finance Committee composed of residents in order to include residents more in the budget process. He feels we overtaxed last year and suggested using more of the fund balance in 2023. Supervisor Elkind Eney thanked Mr. Gottfried for his comments. Supervisor Elkind Eney then stated that it is customary for the Town to hold over the Public Hearing on the Budget, to ensure residents have a chance to review it and comment before its adoption on December 19th. Town Board December 7, 2022 On motion of Councilwoman/Commissioner Fiddelman, seconded by Councilwoman/Commissioner Katz, the Public Hearing was unanimously adjourned until December 19, 2022. Carried 2. Amendment to the Appellate Procedure of the Chapter 99 of the Code of the Town of Mamaroneck Law The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, December 7, 2022, at 8:00 PM or as soon thereafter as is possible, to consider the "Amendment to the appellate procedure of Chapter 99 of the Code of the Town of Mamaroneck" law.", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The current law on filmmaking in the unincorporated area of the Town allows an applicant to appeal a decision made by the Town Administrator to "a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board" (see Town Code § 99-10). Since the designated Town Board member may not always be readily available, the Town Board considers it appropriate to allow the Supervisor to designate the second Committee member on a case-by-case basis. This law does that. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaronecknv.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: December 2, 2022 Town Attorney William Maker Jr. explained the need for this amendment as detailed in the "Purpose" above. Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Carried Supervisor Elkind Eney asked if any Town Board Members or the public wished to comment. There were no additional comments or questions. Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the public hearing was unanimously closed. Carried Town Board December 7, 2022 Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the following local law was adopted: Local Law No. 9 - 2022 "Amendment to appellate procedure of Chapter 99 of the Code of the Town of Mamaroneck"law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: The current law on filmmaking in the unincorporated area of the Town allows an applicant to appeal a decision made by the Town Administrator to "a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board" (see Town Code § 99-10). Since the designated Town Board member may not always be readily available, the Town Board considers it appropriate to allow the Supervisor to designate the second Committee member on a case-by-case basis. This law does that. Section 2 — Repeal and Replacement of a current section of the Mamaroneck Code: Section 99-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision. Each appeal shall be heard by a Committee, consisting of the Town Supervisor and one Town Board member designated by the Supervisor for that appeal. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not supported by substantial evidence. 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. Carried 3. Elimination of Two Parking Spaces on a Section of Forest Avenue Law The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, December 7, 2022, at 8:00 PM or as soon thereafter as is possible, to consider the "Elimination of two parking spaces on a section of Forest Avenue" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Town Board December 7, 2022 Purpose: For safety reasons, the Town Board has determined that two parking spaces on Forest Avenue at its intersection with Rockingstone Avenue should be eliminated. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaronecknv.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: November 23, 2022 On motion of Councilwoman Nichinsky, seconded by Councilwoman Katz, the public hearing was unanimously opened. Carried Town Attorney William Maker Jr. introduced the local law, which was recommended by the Traffic Committee based on resident suggestions. Supervisor Elkind Eney asked if any Town Board Members or the public wished to comment. The Town Board discussed the evolution of the law, which was recommended by the Traffic Committee. Brian Welsh, who lives at 267 Rockingstone, addressed the Town Board. Mr. Welsh suggested if safety was the main concern, rather than eliminating parking spaces, that a crosswalk or a stop sign may be a better option. The Board explained that both the Traffic Committee and the Town Engineer had recommended the elimination of two spots as the starting point as it was a visibility issue. The Town Board explained that data from a Town Police Department speed analysis did not support the hypothesis that people were speeding in the area. The Town Board invited Mr. Welsh to visit the Traffic Committee with any future safety concerns. The Town Clerk accepted two emails for the record, one from resident Johan de Voogd and the other from Lance Wachenheim (see attachments D and E, respectively). There were no other residents present and wishing to comment. On motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the public hearing was unanimously closed. Carried On motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the following local law was adopted. Local Law No. 10 - 2022 "Elimination of two parking spaces on a section of Forest Avenue" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: Town Board December 7, 2022 For safety reasons, the Town Board has determined that two parking spaces on Forest Avenue at its intersection with Rockingstone Avenue should be eliminated. Section 2 —Amendment of a current section of the Mamaroneck Code: Section 219-18 of the Code of the Town of Mamaroneck hereby is amended to include the following in its proper alphabetical position with the section: § 219-18 Parking prohibited at all times. A. No motor vehicle shall be parked at any time upon any of the public highways or parts of public highways described below: Name of Public Highway Direction of Travel Location Forest Avenue East South side for a distance of 50 feet west from its intersection with Rockingstone Avenue 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. Carried 4. Sewer Rent Rate for 2023 The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on December 7, 2022, at 8:00 PM or as soon thereafter as is possible, to set the rate per gallon or per cubic foot of water consumption to be used in determining the sewer rent for 2023, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaronecknv.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: November 23, 2022 Town Board December 7, 2022 On motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the public hearing was unanimously opened. Carried Town Administrator Robson and Tracy Yogman Town Comptroller gave a PowerPoint presentation. See Attachment F. Supervisor Elkind Eney asked if any Town Board Members or the public wished to comment, and there was none. On motion of Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously closed. 2023 Sewer Rent Rate On motion of Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby set the Sewer Rent Rate for the year 2023 at$.0020/per gallon. Carried 5. Flood Damage Prevention The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, December 7, 2022, at 8:00 PM or as soon thereafter as is possible, to consider the "Flood Damage Prevention", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages, the State of New York has promulgated a model law. The Town previously adopted a version of the model law; however, upon further review by the State, the State has asked the Town to adopt a different version of the model law. This local law does that by repealing the recently enacted amendment to Chapter 110 and replacing it with what follows below. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaronecknv.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: November 24, 2022 Town Board December 7, 2022 Town Attorney William Maker Jr. introduced the local law, reviewing the "Purpose" noted above. On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the public hearing was unanimously opened. Carried Supervisor Elkind Eney asked if any Town Board Members or the public wished to comment, and there was none. On motion of Councilwoman Nichinsky, seconded by Councilwoman Katz, the public hearing was unanimously closed. Carried On motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the following local law was unanimously approved. Local Law No. 11 - 2022 "Flood Damage Prevention" Law (see Attachment G). Carried RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. Kevin Crow, of the Larchmont Gardens Civic Association, addressed the Board and invited them to an event on December 18th, from 4pm until 7pm, on Lakeside Drive at the end nearest to 1-95. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Nichinsky and seconded by Commissioner Katz the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Robin Nichinsky 2. Fire Claims Commissioner Katz reviewed the month's Fire Claims. Moved by Commissioner Katz, seconded by Commissioner Fiddelman, it was RESOLVED, that this Commission does hereby authorize payment of the Fire Department Claims in the amount of$18,283.69, as approved by the Fire Chief and audited by the Comptroller's Office, see Attachment H. Town Board December 7, 2022 Carried 3. Fire Report for the Month of November Commissioner Elkind Eney read the Fire Report for the month of November 2022, as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 34 Minors 25 Stills 0 Out of Town (Mutual Aid) 2 EMS 49 Drills 2 TOTAL 112 Total number of personnel responding: 702 Total time working: 39 hours and 27 minutes See Attachment 1 4. Other Fire Department Business Commissioner Elkind Eney attended Fire Council on Monday night and noted that it was Chief Shaun Hughes' last Fire Council as Chief of the Department. She thanked Shaun Hughes for his outstanding service as Fire Chief during a very trying time for the Fire Department. The Town Board discussed what a tremendous job Chief Hughes had done. Throughout COVID and the many storms and emergencies during his tenure, Commissioner Elkind Eney noted, that regardless of the situation Chief Hughes ran efficient Council meetings, handled big issues very well, and always had a smile on his face. We were fortunate to have had him. Commissioner Elkind Eney shared that the Fire Department Elections will be held tomorrow, and then the Town will have a new Fire Chief. 5. Authorization - New York State Volunteer Firefighter Cancer Program Commissioner Elkind Eney explained that in 2019 New York State required municipalities to provide insurance to cover fire fighters for certain specified cancers because of a statistically higher cancer rate in fire fighters than in the general population. In accordance with New York State requirements at that time, the insurance the Town provided covered a certain number of cancers but not all. This new insurance will cover all cancers at a total additional cost of $2,499 per year. Moved by Commissioner Nichinsky, seconded by Commissioner Fiddelman, it was RESOLVED that the Town Board hereby approves the expansion of coverage for volunteer firefighters and hereby authorizes the Town Administrator to elect the policy and any other related documents necessary to carry out its implementation. Carried There being no further business to come before the Fire Commission, on motion of Commissioner Nichinsky, seconded by Commissioner Katz, the Commission unanimously adjourned, and the Town Board reconvened. Town Board December 7, 2022 AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Extension to the Agreement for PACE Land Use Law Center Supervisor Elkind Eney explained the need to amend the agreement with the PACE Land Use Law Center in order to extend the term for completing the Comprehensive Plan until May 30, 2023, noting that there are no additional charges associated with extending the terms. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby approves the extension to the agreement with Pace University for Comprehensive Plan services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 2. Authorization - Sidewalk Construction IMA Waverly Avenue Bridge Replacement This item was deferred to the Town Board meeting of December 19, 2022. 3. Authorization - Renewal of Agreement Southeast Consortium Administrator Robson explained the agreement to extend the joint service of recreation for those with special needs, covering the Town's share for the current year. Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby approves the 2022 agreement with the Southeast Consortium and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried REPORTS OF MINUTES Report of Minutes of Town Board Meeting of November 16, 2022 Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby approves the minutes of the Town Board from November 16, 2022. Carried REPORTS OF COUNCIL All of the Councilmembers enjoyed attending the recent Comprehensive Plan Meeting and it was interesting see our residents' comments. Councilwoman Katz • Both committees she is a liaison for did not meet this month. • Congratulated the Community Resource Center on a very successful gala. Town Board December 7, 2022 Councilwoman Fiddelman • Congratulated new and returning Trustees and Judge in Village of Mamaroneck and the same in the Village of Larchmont. Congratulations to the new Mayor of Larchmont and new Trustees. • Yesterday's Summit Meeting featured George Latimer presenting the County Budget. Would recommend everyone view the video on LMC Media or on the Local Summit website. • The next Local Summit will be held on January 10th at 8am and will feature the Original Science Research (OCRA) students from Mamaroneck High School speaking about their work on Wage Theft. Councilwoman Nichinsky • Attended the Housing Authority meeting where they discussed and passed a budget and elected new officers. One member of the Housing Authority is stepping down, so there will be an opening on the Housing Authority. • Tuesday, December 6th, Attended Sustainability Collaborative Meeting on with Supervisor Elkind Eney and Administrator Robson. • Wished a happy Chanukah for those celebrating on the 18th. TOWN ATTORNEY'S REPORT Reminded everyone that 81 years ago today, the US entered into the Second World War when Pearl Harbor was bombed. He noted that approximately 80 million lives were lost during that war. ADJOURNMENT Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the Town Board entered into an Executive Session to discuss the proposed acquisition, sale or lease of real property, as well as the employment history of a particular person or persons. Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, the Town Board unanimously agreed to close the Executive Session and end the Regular Meeting at 10:30pm. Next Regularly Scheduled Meeting - December 19, 2022 Submitted by Allison May, Town Clerk Town Board December 7, 2022 Attachment A Odierna, Sue Judy silberstein <larchmontgazette@gmail.com> From: Friday, November 11,2022 9:03 AM Sent: To: Eney,Jaine Elkind Subject: Ned thought this image might help show the proposed locations Attachments: TownCenterSiteOptions jpg Good Morning Jaine, f the ons last Ned thought it might be helpful to you and the board o tionsuBl and B2de a map ocloseroto the nPost lRoad;and C,dfurthe in r down the emails.The map shows option A,the top of the h p hill and closer to the driveway. Please share with the board. thank you SlaveryH's"OrIcai society Town Center MemorialSite Options email me at:larchmontgazette@gmail.com Judy Silberstein--please 1 Town Board December 7, 2022 Attachment B 2023 Budget Health Insurance Update FUND BALANCE OPTION Projected Fund Projected Fund Balance with Health Balance @ Health Insurance Insurance Increase @ Fund 12/31/23 %Expenses Increase 12/31/23 %Expenses GENERAL TOWNWIDE $ 5,176,435 3391 $ 65,679 $ 5,110,756 32% PART TOWN 4,027,702 23 117,707 3,909,995 23 HOUSING ASSISTANCE 1,267,379 16 1,267,379 16 HIGHWAY 1,305,122 20 37,662 1,267,460 19 FIRE DISTRICT 778,230 16 25,441 752,789 16 ST.LIGHT DIST 132,782 45 132,782 44 AMBULANCE 492,765 26 3,165 489,600 26 GARBAGE 509,269 201 509,269 20 SEWER 120,021 16 120,021 16 WATER 840,800 65 840,800 65 TOTAL $ 14,650,505 25% $ 249,654 $ 14,400,851 24% TAX LEVY OPTION Preliminary NYSHIP REVISED Fund Budget INCREASE TAX LEVY GENERAL TOWNWIDE $ 5,809,600 $ 65,679 $ 5,875,279 PART TOWN 9,810,300 117,707 9,928,007 HIGHWAY 5,986,060 37,622 6,023,682 FIRE DISTRICT 4,804,000 25,441 4,829,441 ST.LIGHT DIST 298,000 298,000 AMBULANCE 619,000 619,000 GARBAGE 2,606,855 - 2,606,855 TOTALI $ 29,933,815 $ 246,449 $ 30,180,264 Tax Levy Increase 2.99% 0.85% 3.84% Tax Rate Decrease -2.88% -0.77% -2.11% Tax per Average Household*-Town $ 340 $ 62 $ 402 Tax per Average Household*-Village $ 834 $ 9 $ 843 'Average AV$1,406,000 Town Board December 7, 2022 Attachment C Public Hearing December7,2022 ` SIN TOWN GOALS & BU©GETACTIONS DAL 1 Maintain safe, clean and appealing neighborhoods, enhance recreational opportunities •+• Capital road improvements and pool expansion. Address impacts of climate change ❖ Budget includes the purchase of 3 "Green" vehicles/ equipment. 18% of the Town fleet or 23 vehicles will be "Green." ❖ Capital budget item and grant request for Town-wide storm drainage study. GOAL 3: Implement government efficiencies and strategic partnerships that achieve savings and shared services •:+ Purchase of a brine system with the Village of Mamaroneck as a shared service. 2 Town Board December 7, 2022 Attachment C (Cont'd) TOWN GOALS & BUDGET ACTIONS 4' "tit he tax burden borne by residents .*Utilize fund balance of $2.1 million for operations to reduce the tax levy :*Utilize fund balance of $3.4 million for capital projects for future year debt savings GOAL 5: Invest in a capital plan for public benefit •:• Increase investment million for capital purchases/projects from $8.2 million to $10.2 million GOAL 6 : Maintain fiscal strength ❖Maintain healthy fund balances while balancing the use of funds k to reduce tax burden 3 BUDGET HIGHLIGHTS & CHALLENGES m r__�_As_s_ess_edva1ues of the''f`own increased by $688 million or 6.75% ➢A tax rate decrease of (2.88%) despite a tax levy increase of 2.99% ➢Continuing economic effects of the pandemic - inflation, supply chain issues, utilities and state mandated cost increases- pension and health benefits. y Investment in technology that will create efficiencies and offer enhanced on-line services to residents 4 Town Board December 7, 2022 Attachment C (Cont'd) BUDGET HIGHLIGHTS & CHALLENGES p Implementation of robust capital plan to replace, enhance operational equipment, reconstruct facilities and aging infrastructure Y Conservative revenue projections dine to uncertainty in the economy ➢ Balance the use of Fund Balance for recurring expenses and capital projects 11 1 t 5 2023 TOWN BUDGET SUMM ARY $53,181,455 $59,025,686 $5,844,231 100% 10.99% 29,o65,226 29,933,8i5 868,589 50.71% z-99% 21,960,489 23,572,961 1,612,472 39.94% 7.34% 1693,640 21093,000 499,360 3.55% 31.33% 562,100 3,425,910 2,863,810 5.80% 509.48% 6 Town i•. • December • Attachment C • • 2023 REVENUE INCREASES PropertyTax Levy Sales , $ .4 m Recreation Revenue- Pool, Ice Rink, • • i Investment Earnings AmericanRescue Plan Funds 1 • • - Revenue-Ambulance I Appropriated f Balance • increases m Total Revenue , 2023 REVENUE SOURCES Interfund Appropriated Fund Miscellaneous Transfers Balance FederaP&5tateAid si67,$o0 Sg,8o7,i�o Si�441r9o5 SS,Si8,gio Licenses&Permits S1,o5i,3ao ion Use of Mone and "` a Property $29r433r8x5 J Intergovernmental Funds 5364,334 1% Fines&Forfei#ures S�3o,o00 a � °°�° Departmental Income Other Tax Items S5,i37r643 53,788,500 so% 6% Town Board December 7, 2022 Attachment C (Cont'd) 2023 EXPENSE DRIVERS ✓$ 3.2 m Capital Projects-Pay as you Go ✓$ .9 m Personal services, primarily bargaining unit increases ✓$ .9m Employee benefits ✓$ .2 m Fuel price increases ✓$ .z m Utility price increases ✓s .a. m Liability Insurance ✓$(.6 m) American Rescue Plan fund for capital projects ✓$ .3 m Debt service for capital projects ✓s .6 m Various general price increases $ 5.8 m Total Expense Increase a. 2023 s EXPENSES BYTYPE I. $25, Y Y Y 1 1! $20,000,000 $15,000,000 Y Y !11 Contractual,000 ! Employee Equipment Services Benefits Transfers-Debt Transfers- Transfers- Service Capital Operating Town Board December 7, 2022 Attachment C (Cont'd) 2023 EXPENSES BY FUNCTION Puhk Wark, s�y�a xaa Gen.G-t. zz% Publ,,Safety azo,boa,a6n z8% Cvh a Rec. 35.og7,9o7 8% Land use Admin Je6c Sery 5556,o5q Sa,3z6,689 z94 7% Sq�ia�S—k. $7.971 90 zq% EmP.Ben Ez�.S93,750 ao% V f f Town Board December 7, 2022 Attachment C (Cont'd) FUND BALANCE ✓ Reduction in the reliance on fund balance to support the operating budgets and focus on one-time emergency and capital expense needs that will reduc e debt service in future years ✓ Appropriation of a total of $5.5 million of fund balance ■ $2.1 million of fund balance to fund the operating budget and reduce the tax impact and • $3.4 million to fund capital projects ✓ Maintenance of a stable fund balance for unexpected events and one-time costs, such as studies for new projects, significant weather events and capital project cost increases. APPROPRIATED FUND BALANCE HISTORY - _.- Town Board December 7, 2022 Attachment C (Cont'd) FUND BALANCES FIVEYEARS ss.o $21.6o $18.50 Expenses . . .. . Expenses .- •LU - s .o o.o r s5.o LL 5v.o FUND BALANCE QUICK FACTS ✓Fund Balance Policy Guidelines-Minimum of 15-25% of subsequent year's budget -'Taxes are collected in April each year- Town needs 3 months (25%) of operating expenses or $4 million in reserve at all times for cash flow purposes -'The General Fund collects and remits total tax levy to all other funds of the Town, the County ($40 million) and School Districts ($140 million). The Town has uncollected taxes of approximately $150-500k each year. Town Board December 7, 2022 Attachment C (Cont'd) TOWN RESIDENTS 2023 TAX E S TAX LEVY $29,065,226 $30,144,351 $29,933,815 $868,589 TAX LEVY CAP $28,056,482 $29,664,318 $29,664,318 $1,607,836 TAX LEVY INCREASE o 5.92% 3.71% 2.99% (2.93%) TAX RATE 5.717421 5.6084760 5.552650 (.164771) TAX RATE% 1.22% (1.91%) (2.88%) (1.66%) Increase/(Decrease) Tax for Average Home $7,478 $7,897 $7,818 $340 Tax Increase for Average $412 $419 $340 ($72) Home Tax increase 5.8% 5.59% 4.54% (1.26%) VILLAGE RESIDENTS 2023 TAX E S TAX RATE .635388 .583905 .592671 (.042717) TAX RATE io Increase 2.58% (1.91%) (6.72%) (5.46%) Tax for Average Home $831 $822 $834 $3 Tax Increase for Average Home $108 ($9) $3 ($105) Tax Increase 15.0% (1.0%) .36% (14.64%) Town Board December 7, 2022 Attachment C (Cont'd) Where Your Property Tax Dollars Go $7,8i8 2oz3 Town Tax z4% $29,423 2022/23 School Tax 6o% $5,290 zozz Cou my Ta x 16% 2023 TAX BILL BYTOWN SERVICES $1,844 $2,135 27% 2,025 1,710 22 1,592 1,784 23 1,298 1,419 18 719 770 10 $7,478 $7,818 100% Town i•. • December Attachment C • • $10.2MCAPITAL IMPROVEMENT PROGRAM Recreation Town Building Facilities Improvements s3,331,5oa Si,00i,5oo � 33°� / OtherProjects � �� _ �� �°�° / Water System � Sanitary `��" Improvements � Sewer 4�,436�Soo stem 000,000 $32, g7 2,700 �io,a5z,go6 $io,z2$,5zo �so,000,0007Y75�11�38,sg3,o�o $5,000,000 _ �o zoig Zoao aozl zo�z zoz3 Town Board December 7, 2022 Attachment C (Cont'd) ADOPTED CAPITAL BUDGET FUNDED ON A PAYASYOU GO BASIS Hommocks Pool Reconstruction and expansion of the of $3,0000,000 the outdoor.DASNY grant funds have been awarded Water Projects Water system projects 1,436,500 Vehicles Replacement vehicles in accordance with 1,322,200 the Town's capital replacement plan JRoad Resurfacing Town-wide road resurfacing program 1,135,300 Reconstruction sidewalks/curbs at Dante 618,5oo St,Revere Rd and Orsini Drive and idewalks and Curbs-Townwide Memorial Park Drainage Improvements Fifteen locations Townwide, HighwayYard 546,600 and filter program Traffic Signal Replacement New traffic signals at(1)Palmer 361,13o Ave/Richbell and(2)Forest/Murray Information Technology Various projects including server 425,400 replacements,security cameras/access controls,computer replacements and 0 , storage units Town Board December 7, 2022 Attachment C (Cont'd) BREA KING 2023 LATE BREAKING BUDGET NEWS ■ HEALTH INSURANCE (NYSHIP) RATE INCREASE OF 15.3% ➢ Preliminary budget includes a 10% increase ➢ Additional funding of $256k needed Town Board December 7, 2022 Attachment D May, Allison From: Eney,Jaine Elkind Sent: Monday, November 28,2022 11:22 PM To: Town Board Members Cc: Meredith Robson; May,Allison;Odierna,Sue Subject: Fwd: Rockingstone&Forest Ave intersection Get Outlook for iOS From:Johan de Voogd<jdevoogd@ameur.com> Sent:Monday, November 28,2022 12:06 PM To:Eney,Jaine Elkind<Supervisor@TownofMamaroneckNY.org> Subject: Rockingstone& Forest Ave intersection Dear Mrs Eney, I support the elimination of two parking spots at the corner of Rockingstone and Forest. It will enhance the safety at a busy intersection. With best regards, Johan de Voogd 76 Vine Road Larchmont,New York 10538 (914)630 7136 Fax(914)833 1134 i devoogdC�r%ameur.cam 1 Town Board December 7, 2022 Attachment E May, Allison From: Eney,Jaine Elkind Sent: Tuesday, November 29,2022 1:34 PM To: Town Board Members Cc: Meredith Robson;Green ODonnell,Connie; May,Allison;Odierna, Sue Subject: FW:Comment on signage from your last meeting FYI Forest and Rockingstone Jaine Elkind Eney Supervisor Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 (914)381-7805 supervisor@townofmamaronecknv.org Click here to sign up for Town Alerts&Notifications! From: Lance Wachenheim<lwache@hotmail.com> Sent:Saturday, November 26,2022 3:07 PM To:Town Administrator<townadministrator@Townof Mama roneckNY.org>; Eney,Jaine Elkind <Supervisor@TownofMamaroneckNY.org> Subject:Comment on signage from your last meeting Good afternoon Jaine and Meredith- I hope you are enjoying the weekend, &had a nice Thanksgiving break Just a general comment regarding the elimination of the two parking spots on Forest(public hearing). If the reason is because of site visibility,then I would recommend going forward that the Town uses"NO STANDING" or "NO STOPPING" instead of what I believe Mr Maker said,just a "No parking" sign. Other communities such as the V.O.M use the "No standing" "No Stopping" signage more often than I believe the Town does. Perhaps the Town doesn't use it at all? I have not seen these signs in the Town. Anyway,just a thought if the reason was to prevent cars from stopping because of visibility. Otherwise, landscaping trucks ect.will park in the "No Parking" area as I believe they often think it's ok. All best, Lance Wachenheim 35 N. Chats Ave (914)834-8669 i Town of Mamaroneck 2023 sewer Rent Rate Hearing DECEMBER 7, 2022 What is a sewer Rent? Sewer Rent is a fee that is charged to those property owners that utilize the Town's Sanitary Sewer System Sewer Rent is charged as a substitute to an ad valorem property tax for sanitary sewer maintenance, operating expenses and capital investments. Town Board December 7, 2022 Attachment F (Cont'd) What about • er consumed that does not enter the sewer system? Water • is used for • i i or other outdoor purposes generally does not enter the sanitary sewer system. To account for this type of water consumption property owners are • • for only • 1 • • of ` water actually consumed. 1 • discount • • has been • • • • • in the sewer rent calculation. How will the sewer rent charge be billed ? Sewer rent charges have been added to your current rya n water bill. i • ofthe sewer rentdone bythe Westchester • Water Works. Water Bills/Sewer are • monthly. LYESTCHESTER JOINT WATER WORXS U'Aice hours 8 30 A M.-4.3U P M Monoay �'; �fi25 MAMARONECK AVE For information or emergeney serve can (9=� MAMAR6NECK NY 9tYu43 Refer to ygU.r custgrror number a e 914$9@-3SU0 Keep Mls portion M bill for your records.. SCft rCwCrSe Sde iw imporlanl minrmatrnn Service address:BALDWIN AVE 83LUNiG PERIbb NO-DAYS Cti]iT01MER tlllll�A RIiOY 7O ME7ER MrE7ER REAbINp$ �pNSUerPTiON � I NUMBEA Prwlo s Cr went ,,,,,•c n�c veer I Rnang C de _ R••Mng CadeT 5551291'2 �BaS � _ �SCT � 7686 ACT � 7;3 — STATEMENTOF CHARriE>< --.--__..� DAIS ITE1.f bESCRI dw 0@725122 4NaPer Chaer�es-S�.tiO4 Galtibns IlncBudes Service Charge) tl8/25122 Freese Per Capita Use Surcharge D@/25/22 Sewer e PLEASE PAY THIS AMOUN7 6Y 09115IZ0� How is the Sewer Rent Calculated ? The rate is calculated by dividing the total revenue needed to operate the sewer system by the total water consumption for the unincorporated Town. Based on usage rates, an increase of $.0002/gallon over 2022 is required to fund the Sewer District budget The increase for an average customer is estimated to be $63.43 compared with the 2022 rates Average Water Usage per Household 1 . • Average Annual - . • . - Sewer 2023 $.00203617 $250.90 2022 00 Increase i00 Drivers of the 2023 Rate Increase 2023 Sewer Budget is $769,000 2023 Budget Increase of $93,160 Contingency of $100,000 is included to fund possible revenue shortfalls based on water usage Salaries/benefits increase of $9,200 Increase in utilities, decrease debt service and a decrease in allocation of engineering services totaling a savings of $16,040. SANITARY SEWER PROJECT The Town's Sanitary Sewer System is made up of 55 miles of pipe that are connected by a series of 650 manholes. The system transports sanitary wastewater throughout the Town to the County owned Water Treatment Facility. The water then flows into the local waterways. In 2016 the Town embarked on a joint project with the City of New Rochelle and the Village of Pelham Manor to study, repair and reconstruct the Town's aging sanitary sewer system. SANITARY SEWER PROJECT STATUS All of the base contract repairs for both phases of the construction work identified in the 2018 study report of the sanitary sewer system have been addressed. Flow monitoring and small punch list items remain. The Project Budget is $7.1m with expenses of $6.3m project to date. Final bills for the project are expected Additional Grant funding is anticipated as well Town Board December 7, 2022 Attachment G Local Law No. 11-2022 This local law shall be known as the"Flood Damage Prevention"law of the Town of Mamaroneck BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages,the State of New York has promulgated a model law.The Town previously adopted a version of the model law; however, upon further review by the State, the State has asked the Town to adopt a different version of the model law. This local law does that by repealing the recently enacted amendment to Chapter 110 and replacing it with what follows below. Section 2—Amendment of a current section of the Mamaroneck Code: Chapter 110 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: i Town Board December 7, 2022 Attachment G (Cont'd) Chapter 110 Flood Damage Prevention §110-1 Findings §110-2 Statement of Purpose §110-3 Objectives §110-4 Definitions §110-5 Lands to Which this Chapter Applies §110-6 Basis for Establishing the Areas of Special Flood Hazard §110-7 Interpretation and Conflict with Other Laws §110-8 Severability §110-9 Penalties for Non-Compliance §110-10 Warning and Disclaimer of Liability §110-11 Designation of the Local Administrator §110-12 The Floodplain Development Permit §110-13 Application for a Permit §110-14 Duties and Responsibilities of the Local Administrator §110-15 General Construction Standards §110-16 Standards for All Structures §110-17 Residential Structures(Except Coastal High Hazard Areas) §110-18 Residential Structures(Coastal High Hazard Areas and Coastal A Zones) §110-19 Non-Residential Structures(Except Coastal High Hazard Areas) §110-20 Non-Residential Structures(Coastal High Hazard Areas and Coastal A Zones) §110-21 Critical Facilities §110-22 Manufactured Homes and Recreational Vehicles §110-23 Accessory Structures Including Detached Garages §110-24 Appeals Board §110-25 Conditions for Variances STATUTORY AUTHORIZATION AND PURPOSE §110-1 Findings The Town Board of the Town of Mamaroneck finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth,this chapter is adopted. §110-2 Statement of purpose 2 Town Board December 7, 2022 Attachment G (Cont'd) It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands,and; (6) qualify and maintain for participation in the National Flood Insurance Program. §110-3 Objectives The objectives of this chapter are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 3 Town Board December 7, 2022 Attachment G (Cont'd) (7) to provide that developers are notified that property is in an area of special flood hazard;and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. §110-4 Definitions Unless specifically defined below,words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory Structure"is a structure used solely for parking(two-car detached garages or smaller) or limited storage,represent a minimal investment of not more than 10-percent of the value of the primary structure,and may not be used for human habitation. "Appeal"means a request for a review of the Local Administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's FIRM with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident.Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, or Vl-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. For purposes of this chapter,the term"special flood hazard area (SFHA)"is synonymous in meaning with the phrase "area of special flood hazard." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement"means that portion of a building having its floor subgrade(below ground level)on all sides. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. "Building"see"Structure" 4 Town Board December 7, 2022 Attachment G (Cont'd) "Cellar"has the same meaning as"Basement". "Coastal A Zone"Area within a SFHA, landward of a Vl-V30, VE, or V zone or landward of an open coast without mapped coastal high hazard areas.In a coastal A zone, the principal source of flood must be astronomical tides,storm surges,seiches or tsunamis,not riverine flooding.During the base flood conditions,the potential for breaking wave height shall be greater than or equal to 1 lh feet (457 mm). The inland limit of coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM,or(b)designated by the authority having jurisdiction. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.The area is designated on a FIRM as Zone Vl- V30,VE,VO or V. "Crawl Space"means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height,which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area,which may be of soil,gravel, concrete or other material,must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. "Critical Facilities"means: (1) Structures of facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; (2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; (3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before,during,and after a flood;or (4) Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during,and after a flood. "Cumulative Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50 percent of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non-basement building (i) built, in the case of a building in Zones Al-A30,AE,A,A99,AO,AH, B,C,X,or D,to have the top of the elevated floor,or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member 5 Town Board December 7, 2022 Attachment G (Cont'd) of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30,VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood"or"Flooding"means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in(1)above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map(FIRM)"means an official map of a community,on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 6 Town Board December 7, 2022 Attachment G (Cont'd) "Flood Insurance Study"see"flood elevation study". "Floodplain"or"Flood-prone area"means any land area susceptible to being inundated by water from any source(see definition of"Flooding"). "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,water and sanitary facilities,structures and their contents. "Floodway"-has the same meaning as"Regulatory Floodway". "Functionally dependent use"means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage,manufacturing,sales,or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction,next to the proposed walls of a structure. "Historic structure"means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior,or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii)directly by the Secretary of the Interior in states without approved programs. "Limit of Moderate Wave Action (LiMWA)" line shown on FIRMs to indicate the inland limit of the 1 1/2 foot(457 mm)breaking wave height during the base flood. 7 Town Board December 7, 2022 Attachment G (Cont'd) "Local Administrator" is the person appointed by the Town Board to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department. "Lowest floor"means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor;provided, that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this chapter. "Manufactured home"means a structure, transportable in one or more sections,which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a"Recreational vehicle" "Manufactured home park or subdivision"means a parcel(or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum(NGVD)of 1929,the North American Vertical Datum of 1988(NAVD 88), or other datum to which base flood elevations shown on a community's FIRM are referenced. "Mobile home"-has the same meaning as"Manufactured home". "New construction"means structures for which the "start of construction"commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. "One-hundred-year flood"or"100-year flood"has the same meaning as"Base Flood". "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. "Principally above ground"means that at least 51 percent of the actual cash value of the structure, excluding land value,is above ground. "Recreational vehicle"means a vehicle which is: (1) built on a single chassis; 8 Town Board December 7, 2022 Attachment G (Cont'd) (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck;and (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational,camping,travel,or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 110-14(B)of the code. "Sand dunes"means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Start of construction" means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building(including a manufactured home)on a site,such as the pouring of a slab or footings,installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forts, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood- related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of 9 Town Board December 7, 2022 Attachment G (Cont'd) the structure before the"start of construction"of the improvement. Substantial improvement also means cumulative substantial improvement. The term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however,include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions;or (2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a"Historic structure". "Variance" means a grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. GENERAL PROVISIONS §110-5 Lands to which this chapter applies This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Mamaroneck. §110-6 Basis for establishing the areas of special flood hazard The areas of special flood hazard for the Town of Mamaroneck, Community Number 360917, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map Panel Numbers: 36119C0332F,36119C0334F,36119C0342F, 36119C0351F, 36119C0353F,36119C0361F whose effective date is September 28, 2007, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. (2) A scientific and engineering report entitled "Flood Insurance Study, Westchester County,New York,All Jurisdictions"dated September 28,2007. (3) Letter of Map Revision (LOMR), Case No: 22-02-0217P, effective December 1,2022, revision FIRM panel:36119C0342F,dated September 28,2007. 10 Town Board December 7, 2022 Attachment G (Cont'd) The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at: 740 West Boston Post Road,Mamaroneck, NY 10543. §110-7 Interpretation and conflict with other laws This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements,adopted for the promotion of the public health,safety,and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards,shall govern. §110-8 Severability The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §110-9 Penalties for non-compliance No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compli- ance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Mamaroneck from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Section 110-24 and 110-25 will be declared non- compliant and notification sent to the Federal Emergency Management Agency. §110-10 Warning and disclaimer of liability The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger 11 Town Board December 7, 2022 Attachment G (Cont'd) floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Mamaroneck, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under. ADMINISTRATION §110-11 Designation of the Local Administrator The Building Inspector or in the absence of a Building Inspector, the Director of Building Code Enforcement and Land Use Administration, is hereby appointed Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. The Local Administrator may designate a person to act as the Local Administrator in connection with any matter to which this chapter applies. §110-12 The floodplain development permit A. Purpose A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 110-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials,drainage facilities,and the location of the foregoing. B. Fees All applications for a floodplain development permit shall be accompanied by an application fee in an amount set by the Town Board from time to time.In addition, the applicant shall be responsible for reimbursing the Town of Mamaroneck for any 12 Town Board December 7, 2022 Attachment G (Cont'd) additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. §110-13 Application for a permit The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the top of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in a Special Flood Hazard Area(SFHA). Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the pem-dttee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. (4) A certificate from a licensed professional engineer or architect that any utility flood- proofing will meet the criteria in Section 110-16(C),UTILITIES. (5) A certificate from a licensed professional engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in Section 110-19, NON- RESIDENTIAL STRUCTURES. (6) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 110-6, when notified by the Local Administrator, and must pay any fees or other costs 13 Town Board December 7, 2022 Attachment G (Cont'd) assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. (7) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision propos- als and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions)that are greater than either 50 lots or 5 acres. (9) In Zones V1-V30 and VE, and also Zone V if base flood elevations are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot. (10) In Zones V1-V30 and VE,and also Zone V if base flood elevation are available,for all new and substantial improvements to structures, floodplain development permit applications shall be accompanied by design plans and specifications, prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect, and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. §110-14 Duties and responsibilities of the Local Administrator The duties of the Local Administrator shall include,but not be limited to the following: A. Permit Application Review The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of subsection 110-13, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this chapter. (2) Review subdivision and other proposed new development, including manufac- tured home parks to determine whether proposed building sites will be 14 Town Board December 7, 2022 Attachment G (Cont'd) reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 110-15, CONSTRUCTION STANDARDS and, in particular, sub-section B, SUBDIVISION AND DEVELOPMENT PROPOSALS. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities).The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 110-15, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application. (4) Determine that all necessary permits have been received from those govern- mental agencies from which approval is required by State or Federal law. B. Use of other flood data (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to paragraph 110-13 (8), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data,to establish flood elevations within the areas of special flood hazard,for the purposes of this law. C. Alteration of watercourses (1) Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such 15 Town Board December 7, 2022 Attachment G (Cont'd) notification to the Regional Administrator, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. D. Construction stage (1) In Zones Al-A30,AE,AH, and Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervi- sion of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) In Zones Vl-V30, VE, and V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the Local Administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recre- ational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (3) Any further work undertaken prior to submission and approval of the certifica- tion shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. E. Inspections The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to 16 Town Board December 7, 2022 Attachment G (Cont'd) certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. Stop work orders (1) The Local Administrator shall issue,or cause to be issued,a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 110-9 of this code. (2) The Local Administrator shall issue,or cause to be issued,a stop work order for any floodplain development found non-compliant with the provisions of this law and/or the conditions of the development permit.Disregard of a stop work order shall subject the violator to the penalties described in Section 110-9 of this code. G. Certificate of compliance (1) In areas of special flood hazard, as determined by documents enumerated in Section 110-6,it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed,converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 110-14 (E), INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. Information to be retained The Local Administrator shall retain and make available for inspection, copies of the following: (1) Floodplain development permits and certificates of compliance; 17 Town Board December 7, 2022 Attachment G (Cont'd) (2) Certifications of as-built lowest floor elevations of structures required pursuant to sub-sections 110-14 (D)(1) and 110-14 (D)(2), and whether the structures contain a basement; (2) Floodproofing certificates required pursuant to sub-section 110-14 (D)(1), and whether the structures contain a basement; (4) Variances issued pursuant to Sections 110-24 and 110-25 VARIANCE PROCEDURES;and, (5) Notices required under sub-section 110-14 (C), ALTERATION OF WATERCOURSES. (6) Base flood elevations developed pursuant to sub-section 110-13(7) and supporting technical analysis. §110-15 General construction standards The following standards apply to new development, including new and substantially improved structures,in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 110-6. A. Coastal high hazard areas and coastal zones The following requirements apply within Zones VI-V30,VE and V: (1) All new construction,including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use,shall be located landward of the reach of high tide. (2) The use of fill for structural support of buildings,manufactured homes or recreational vehicles on site 180 days or longer is prohibited. (3) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. B. Subdivision and development proposals The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage; 18 Town Board December 7, 2022 Attachment G (Cont'd) (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed to minimize flood damage;and, (3) Adequate drainage shall be provided to reduce exposure to flood damage. (4) Proposed development shall not result in physical damage to any other property (e.g., stream bank erosion or increased flood velocities). If requested by the Local Administrator,the applicant shall provide a technical analysis,by a licensed professional engineer,demonstrating that this condition has been met. (5) Proposed development shall be designed, located, and constructed so as to offer the minimum resistance to the flow of water and shall be designed to have a minimum effect upon the height of flood water. (6) Any equipment or materials located in a special flood hazard area shall be elevated, anchored, and floodproofed as necessary to prevent flotation, flood damage, and the release of hazardous substances. (7) No alteration or relocation of a watercourse shall be permitted unless: i. a technical evaluation by a licensed professional engineer demonstrates that the altered or relocated segment will provide conveyance equal to or greater than that of the original stream segment and will not result in physical damage to any other property; ii. if warranted, a conditional revision of the Flood Insurance Rate Map is obtained from the Federal Emergency Management Agency, with the applicant providing the necessary data, analyses, and mapping and reimbursing the Town of Mamaroneck for all fees and other costs in relation to the application;and iii. the applicant provides assurance that maintenance will be provided so that the flood carrying capacity of the altered or relocated portion of the watercourse will not be diminished. C. Encroachments (1) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill)shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, 19 Town Board December 7, 2022 Attachment G (Cont'd) (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Mamaroneck for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 110-6, no new construction, substantial improvements or other development in the floodway(including fill)shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in my increase in flood levels during occurrence of the base flood,or, (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data,analyses and mapping and reimburse the Town of Mamaroneck for all costs related to the final map revisions. (3) In a Special Flood Hazard Area(SFHA),if any development is found to increase or decrease base flood elevations, the Town of Mamaroneck shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. (4) Whenever any portion of a floodplain is authorized for development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation. §110-16 Standards for all structures 20 Town Board December 7, 2022 Attachment G (Cont'd) The following standards apply to new development, including new and substantially improved structures,in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 110-6. A. Anchoring New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation,collapse,or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. B. Construction materials and methods (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones Al-A30, AE, AO or A, new and substantially improved structures shall have fully en- closed areas below the lowest floor that are useable solely for parking of vehi- cles,building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;and (ii)the bottom of all such openings no higher than one foot above grade. (iii)openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. 21 Town Board December 7, 2022 Attachment G (Cont'd) (4) Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or constructed with non- supporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, dis- placement, or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. C. Utilities (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation,or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets,switches,junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall;and, (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Storage tanks (1) Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during conditions of the base flood. 22 I Town Board December 7, 2022 Attachment G (Cont'd) (2) Above-ground tanks shall be: a. anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or; b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 110-6 plus two feet. §110-17 Residential structures(except coastal high hazard areas) A. Elevation The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in sub-sections 110-15 (B),SUBDIVISION AND DEVELOPMENT PROPOSALS, and 110- 15 (C), ENCROACHMENTS, and Section 110-16, STANDARDS FOR ALL STRUCTURES. (1)Within Zones Al-A30, AE, AH if base flood elevation data are available, new con- struction and substantial improvements shall have the top of the lowest floor(in- cluding basement) elevated to or above two feet above the base flood elevation. Within Zones AH adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (2)Within Zone A, when no base flood elevation data are available, a base flood elevation shall be determined by either: a. Obtain and reasonably use data available from a federal, state, or other source plus two feet of freeboard,or, b. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practice, plus two feet of freeboard. Determinations shall be undertaken by a registered design professional who shall document that the technical methods used reflect currently accepted engineering practice.Studies,analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (3)Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 110-6 plus one foot of freeboard. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. Within AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 23 Town Board December 7, 2022 Attachment G (Cont'd) §110-18 Residential structures(coastal high hazard areas and coastal A zones) The following standards,in addition to the standards in sub-sections 110-15(A),COASTAL HIGH HAZARD AREAS AND COASTAL A ZONES, and 110-15 (B), SUBDIVISION AND DEVELOPMENT PROPOSALS,and Section 110-16,STANDARDS FOR ALL STRUCTURES,apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones Vl-V30, VE or V on the community's Flood Insurance Rate Map designated in Section 110-6. A. Elevation New construction and substantial improvements shall be elevated on pilings,columns or shear walls such that the bottom of the lowest horizontal structural member sup- porting the lowest elevated floor(excluding columns,piles,diagonal bracing attached to the piles or columns,grade beams,pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the struc- ture)is elevated to or above two feet above base flood elevation so as not to impede the flow of water. B. Determination of loading forces Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves,current drag forces, and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls, or other natural or man-made flow obstructions could cause wave runup beyond the elevation of the base flood. (2) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house, and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. (3) Wind loading values used shall be those required by the building code. C. Foundation standards 24 Town Board December 7, 2022 Attachment G (Cont'd) (1) The pilings or column foundation and structure attached thereto shall be ade- quately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). (3)Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. D. Pile foundation design (1) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for indi- vidual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load bearing sills,beams,or girders. (2) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood acting simultaneously with typical structure (live and dead) loads, and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of 5 feet below mean sea level(msl)datum if the BFE is+10 msl or less, or to be at least 10 feet below msl if the BFE is greater than+10 msl. (3) Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. (4) The minimum acceptable sizes for timber piles are a tip diameter of 8 inches for round timber piles and 8 by 8 inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. (5) Reinforced concrete piles shall be cast of concrete having a 28-day ultimate compressive strength of not less than 5,000 pounds per square inch, and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Rein- forcement for piles cast in the field shall have a concrete cover of not less than 2 inches. 25 Town Board December 7, 2022 Attachment G (Cont'd) (6) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into place. (7) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. (8) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath. (9) Diagonal bracing between piles,consisting of 2-inch by 8-inch(minimum)members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation, and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch)or cable type bracing is permitted in any plane. (10) Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shore- line. Knee braces shall be 2-by-8 lumber bolted to the sides of the pile/beam, or 4- by-4 or larger braces framed into the pile/beam. Bolting shall consist of two 5/8- inch galvanized steel bolts (each end) for 2-by-8 members, or one 5/8-inch lag bolt (each end) for square members. Knee braces shall not extend more than 3 feet below the elevation of the base flood. E. Column foundation design (1) Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads, and be connected with a movement-resisting connection to a pile cap or pile shaft. F. Connectors and fasteners (1) Galvanized metal connectors, wood connectors, or bolts of size and number ade- quate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel,hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet. 26 Town Board December 7, 2022 Attachment G (Cont'd) G. Beam to pile connections (1) The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement,if cast in place,or(of precast)shall be securely connected by bolting and welding. If sills,beams, or girders are attached to wood piling at a notch, a minimum of two (5/8)-inch galvanized steel bolts or two hot- dipped galvanized straps 3/16 inch by 4 inches by 18 inches each bolted with two 1/2-inch lag bolts per beam member shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%. H. Floor and deck connections (1) Wood 2-by 4-inch(minimum)connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists,at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be 1-by 3-inch members, placed 8 feet on-center maximum, or solid bridging of same depth as joist at same spacing. (2) Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than(3/4)-inch total thickness, and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. I. Exterior wall connections (1) All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous 15/32-inch or thicker plywood sheathing--overlapping the top wall plate and continuing down to the sill, beam, or girder--may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then 2-by-4 nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2-inch diameter or galvanized steel straps not less than 1 inch wide by 1/16-inch-thick may be used to connect from the top wall plate to the sill,beam,or girder. Washers with a minimum diameter of 3 inches shall be used at each end of the 1/2-inch round rods. These anchors shall be installed no more than 2 feet from each corner rod,no more than 4 feet on center. 27 Town Board December 7, 2022 Attachment G (Cont'd) J. Ceiling joist/rafter connections (1) All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. Gable roofs shall be additionally stabilized by installing 2-by-4 blocking on 2-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of 8 feet toward the house interior from each gable end. K. Projecting members (1) All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of 2 feet and joist overhangs to a maximum of 1 foot. Larger overhangs and porches will be permitted if designed or reviewed and certified by a registered professional engineer or architect. L. Roof sheathing (1) Plywood, or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion resistant material. (2) All corners,gable ends,and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end, or roof overhang. (3) In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents,chimneys, and other points of discontinuity in the roofing surface. M. Protection of openings (1) All exterior glass panels, windows, and doors shall be designed, detailed, and constructed to withstand loads due to the design wind speed of 75 mph. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet. 28 Town Board December 7, 2022 Attachment G (Cont'd) N. Breakaway wall design standards (1) The breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. (2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components, and certifies that (1) the breakaway walls will fail under water loads less than those that would occur during the base flood; and (2) the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components(structural and non-structural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code. §110-19 Non-residential structures(except coastal high hazard areas) The following standards apply to new and substantially improved commercial, industrial and other non-residential structures located in areas of special flood hazard,in addition to the requirements in sub-sections 110-15 (B), SUBDIVISION AND DEVELOPMENT PROPOSALS, and 110-15 (C), ENCROACHMENTS, and Section 110-16, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al-A30,AE and AH,and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure,together with attendant utility and sanitary facilities,shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation;or (ii)be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 29 Town Board December 7, 2022 Attachment G (Cont'd) (2) Within Zone AO, new construction and substantial improvements of non- residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number is specified),or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in sub- Section 110-19(1)(ii). (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for con- struction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of sub- Section 110-19 (1)(h), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement)shall be elevated at least three feet above the highest adjacent grade. §110-20 Non-residential structures(coastal high hazard areas and Coastal A zones) (1) In Zones Vl-V30, VE and also Zone V if base flood elevations are available, new construction and substantial improvements of any non-residential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones VI- V30,VE and V. §110-21 Critical facilities In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any Area of Special Flood Hazard, or within any 500-year 30 Town Board December 7, 2022 Attachment G (Cont'd) flood zone shown as a B zone or a Shaded X zone on the Community's Flood Insurance Rate Maps. §110-22 Manufactured homes and recreational vehicles The following standards in addition to the standards in Section 110-15, GENERAL STANDARDS, and Section 110-16, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones A, Al-A30, AE, AH, AO, V1- V30,V,and VE shall either: (i)be on site fewer than 180 consecutive days, (ii)be fully licensed and ready for highway use,or (iii)meet the requirements for manufactured homes in paragraphs 110-22(2), (3) and(4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) Within Zones Al-A30,AE, AH,the bottom of the frame of the manufactured home shall be elevated to meet the requirements of Section 110-17 (A)(1). Elevation on piers consisting of dry stacked blocks is prohibited (3) Within Zone A,the bottom of the frame of the manufactured home shall be elevated to meet the requirements of Section 110-17(A)(2). Elevation on piers consisting of dry stacked blocks is prohibited. (4) Within Zone AO, the bottom of the frame of the manufactured home shall be elevated to meet the requirements of Section 110-17(A)(3).Elevation on piers consisting of dry stacked blocks is prohibited. (5) Within V or VE,manufactured homes must meet the requirements of Section 110- 18. (6) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with ASCE 24. §110-23 Accessory structures including detached garages 31 Town Board December 7, 2022 Attachment G (Cont'd) The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 110-6. (1) Within Zones Al-A30, AE, AO, AH, A, accessory structures must meet the standards of Section 110-16(A),ANCHORING, (2) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, areas below two feet above the base flood elevation shall be constructed using methods and practices that minimize flood damage. (3) Within Zones AO and Zone, A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (4) Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters in accordance with Section 110-16(C),UTILITIES. (5) Within Zones V1-V30,VE,and V,accessory structures(unless properly elevated to the base flood elevation plus two feet on piles or columns) must be limited to small, low- value structures that are disposable. If a community wishes to allow unelevated accessory buildings,it must define"small"and"low cost." (6) Within Zones Vl-V30,VE, and V,Unelevated accessory buildings must be unfinished inside,constructed with flood-resistant materials,and used only for storage. (7) Within Zones V1-V30, VE, and V, when an accessory building is placed, the design professional must determine the effect that debris from the accessory building will have on nearby buildings. If the accessory building is large enough that its failure could create damaging debris or divert flood flows,it must be elevated above the base flood elevation plus two feet. VARIANCE PROCEDURE §110-24 Appeals board (1) The Planning Board as established by the Town of Mamaroneck shall hear and decide appeals and requests for variances from the requirements of this chapter. 32 Town Board December 7, 2022 Attachment G (Cont'd) (2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter. (3) Those aggrieved by the decision of the Planning Board may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors,standards specified in other sections of this chapter and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii)the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v)the necessity to the facility of a waterfront location,where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;and 33 Town Board December 7, 2022 Attachment G (Cont'd) (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer,gas,electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 110-24 (4) and the purposes of this chapter,the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. §110-25 Conditions for variances (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items (i-xii) in Section 110-24 (4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a"Historic structure';and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i)the criteria of subparagraphs 1,4,5,and 6 of this Section are met;and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 34 Town Board December 7, 2022 Attachment G (Cont'd) (5) Variances shall only be issued upon a determination that the variance is the minimum necessary,considering the flood hazard,to afford relief. (6) Variances shall only be issued upon receiving written justification of: (i)a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant,and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as$25 for$100 of insurance coverage;and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in section 110-14(H)of this chapter, 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. 35 Town Board December 7, 2022 Attachment H Town of Mamaroneck From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: December 7,2022 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Amazon.Com Computer supplies-Keystone jacks,CAT 7 etc... 129.66 Amazon.Com Office Supplies 157.90 AAA Emergency Supply Co. Inc H drotest e e shields repair GMI gas meter and parts 1,388.00 Bound Tree Medical LLC Pulse oximeter,bandages and supplies 1,824.99. Capital Market Advisors LLC Preparation of 2021 annual year end filing for bonds 2,500.00 Grainger Truck and trailer wash 35.86 Inkitu 24 XL long sleeve shirts for members 501.18 KT Textiles 35 Custom fire blankets for service awards 1,400.00 OSP Fire Protection Fires stem and fire extinguishers inspections 284.00 Optimum Cable Services 11 23-12 22 22 247.84 liiiiw Precision Plumbing&Heating Emergency repair hot water heater 7,890.44 Alex Rapp Purchase of nav lights and battery for lifeboat 655.38 Ready Refresh Water Cooler rental&paper fee 10 19-11 18 22 182.96 UniFirst CorpCleaning supplies-11 4 11 11 11 18 22 443.52 Villa Maria Pizza Refreshments-Training Drills 10 31-11 16 22 621.96 Westchester Cty Vol Firemans Association 2022 Annual Dues 20.00 Total $ 18,283.69 • Page 91 of 130 Town Board December 7, 2022 Attachment I TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE w- Headquarters CHIEF In 205 WEAVER STREET LARCH MONT,NEW YORK 10538 WEAVER 834-2100 EMERGENCY ' 834-2101-NON EMERGENCY 4�_ 834-2438 CHIEF'S OFFICE STREET 834.0922-FAX W W W.TMFD.ORG F p To: Board of Fire Commissioners From: Chief Shaun Hughes Date: December 5,2022 Re: Fire Report for the Month of November 2022 The following report outlines response to calls made during the month of November 2022.It summarizes the nature,the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 34 Minors 25 Stills 0 Out of Town Mutual Aid 2 EMS 49 Drills 2 TOTAL 112 Total number of personnel responding: 702 Total time working: 39 hours and 27 minutes Respectfully Submitted, ,,. ALA Chief Shaun Hughes Town Board December 7, 2022 Attachment I (Cont'd) Incident lype Count Report Date Ranse• From 11/1/2022 Toll/30/2022 Selected Station(s)•All Incident Count Descrintion Station: EMS 1 0.91% 311 -Medical assist,assist EMS crew 48 43.64% 321 -EMS call,excluding vehicle accident with injury 49 100.00% Total-Rescue&Emergency Medical Service Incidents Total for Station 49 44.55% Station: HO 114-Chimney or flue fire,confined to chimney or flue 1 0.91% 1 1.69% Total-Fires 322F-Vehicle accident with injuries 3 2.73% 331F-Lock-in(if lock out,use 511 ) 1 0.91% 353F-Removal of victim(s)from stalled elevator 2 1.82% Total-Rescue&Emergency Medical Service Incidents 6 10.17% 400-Hazardous condition,other 1 0.91% 410-Flammable gas or liquid condition,other 1 0.91% 412-Gas leak(natural gas or LPG) 4 3.64% 424-Carbon monoxide incident 2 1.82% 440-Electrical wiring/equipment problem,other 1 0.91% 444-Power line down 3 2.73% Total-Hazardous Conditions(No fire) 12 20.34% 520-Water problem,other 2 1.82% 522-Water or steam leak 2 1.82% 91% 531 -Smoke or odor removal 1 01 0.91% 553-Public service 1 0.91% 571 -Cover assignment,standby,moveup 7 11.86% Total-Service Call 611 -Dispatched&cancelled en route 1 0.91% 622-No incident found on arrival at dispatch address 1 0.91% 651 -Smoke scare,odor of smoke 3 2.73% Total-Good Intent Call 5 8.47% 700-False alarm or false call,other 3 2.73% 733-Smoke detector activation due to malfunction 1 0.91% 736-CO detector activation due to malfunction 6 5.45% 745-Alarm system sounded,no fire-unintentional 17 15.45% 746-Carbon monoxide detector activation,no CO 1 0.91% Total-Fals Alarm& False Call 28 47.46% Total for Station 59 53.64% Station: STIL 2 1.82% 571 -Cover assignment,standby,moveup 2 100.00% Total-Service Call Total for Station 2 1.82% "i Page 1 of 2 Printed 12/05/2022 17:32:52 Town Board December 7, 2022 Attachment I (Cont'd) x Incident f 7 e D�scrintion count 110 100.00% Page 2 of 2 printed 12/05/2022 17:34:57 Town Board December 7, 2022 Attachment J May, Allison From: Yogman,Tracy Sent: Monday, December 05,2022 6:22 PM To: Michael; Eney,Jaine Elkind Cc: Nichinsky, Robin; Fiddelman,Sabrina; Katz,Abby; King,Jeffery; Meredith Robson; May, Allison Subject: RE:Comments to 2023 Town Budget-M Gottfried Hi Michael- Thank you for your comments on the 2023 Preliminary Budget. I have reviewed them have the following responses to offer: 1. American Rescue Funds-These funds were received in 2021 and 2022 and allocated to 12 projects,the largest being the sanitary sewer project. I do see that on page 185,$907,360 in the 2023 Budget Column indicates ARP funds.The amounts on both that line and the one under it should be down one line. I will correct that in the Adopted Budget.The 2023 Budget does not and should not have any ARP funds allocated for capital projects. 2. Fund Balance Policy-The Fund Balance Policy states that unassigned fund balances should at a minimum,range from 15-25%. The 2023 Budget does appropriate$5.5 million per policy guidelines which is estimated to bring the fund balance to 25%. 1 believe all of the other topics in your response are policy issues to be determined by the Town Board. I hope this information was helpful. Thanks and have a good evening. Tracy From:Michael<michaelgesq@aol.com> Sent:Tuesday, November 29,2022 4:01 PM To:Eney,Jaine Elkind<Supervisor@TownofMamaroneckNY.org> Cc:Nichinsky, Robin<RNichinsky@TownofMamaroneckNY.org>; Fiddelman,Sabrina <SFiddelman@townofmamaroneckny.org>; Katz,Abby<AKatz @townofma ma ro neck ny.o rg>; King,Jeffery <JKing@townofmamaroneckny.org>; Meredith Robson<M Robson @TownofMamaroneckNY.org>;Yogman,Tracy <TYogman@townofmamaroneckny.org>; May,Allison<a may @townofmamaroneckny.org> Subject:Comments to 2023 Town Budget-M Gottfried Dear Madam Supervisor and esteemed members of the Town Council: Please find my statement regarding the 2023 Town Budget which is scheduled for a public hearing on December 7, 2022. 1 look forward to the opportunity to speak to you then. Thanks for your consideration. I hope I have included all necessary persons in the CC's. If not,would someone let me know to whom else I should give notice? Respectfully, Michael Gottfried 16 Ocean Avenue 1 Town Board December 7, 2022 Attachment J (Cont'd) Michael Gottfried 16 Ocean Avenue Larchmont NY 10538 In re:Public Comment to the Mamaroneck Town Budget for 2023 To: The Honorable Members of the Mamaroneck Town Council Introduction Reference is made to the 2023 budgets(together,the"Budget")for the ten Town funds,which provide services to families with different socio-economic circumstances in the Unincorporated Area of the Town,the Village of Mamaroneck,and the Village of Larchmont. Summary After overtaxing Town-wide taxpayers in 2022,the Budget again increases the overall tax levy for 2023 while opting to spend a few"extra"million dollars on a juiced-up capital program instead of returning the over-collected tax in a form of tax relief. The economic climate demands more restraint with the power you have to tax your residents and spend their money. • The budgeting process would benefit from the appointment of a standing finance committee of town and village taxpayers. Restrictions on residents' ability to ask questions,in real time, at budget meetings has a chilling effect on taxpayer involvement in the process.' • $907,360 in Federal American Rescue Plan funding is insufficiently explained and/or unaccounted for in the Budget. is this funding tied to particular project(s)in the Town-wide 2023 Capital plan?If so,why is the revenue not counted as it was in 2022? Would the inclusion of this funding not allow for the repurposing of other capital transfers,which in turn would eliminate the need for an aggregate$869,000 tax levy increase? • The Town-wide budget's 100%year-to-year increase in capital spending is excessive: (A) proposed capital projects should be prioritized and reduced. The 216%year-to-year increase in cash funding for that spending is imprudent: (B)"pay as you go"projects should be set at or near the five-year average for such funding to eliminate inequitable treatment of current taxpayers. 1 I was offered the opportunity to present my concerns during the public comment section of the November 16,2022 regular meeting.Because the final budget was not ready at the time and it was not possible to encapsulate my analysis in the five-minute limit allowed to each speaker,I submit my statement into the record in written form. 1 Town Board December 7, 2022 Attachment J (Cont'd) Discussion A former Larchmont Trustee who served as the Finance and Budget Committee liaison used to focus discussions with a leadoff question: "What's the headline?"In this case,it is as follows: A year after passing a 16.3%Town-wide tax increase and using little of the then- projected 47%fund balance(now projected to end at 53%)for tax relief,the 2023 budget again exceeds the statutory cap needlessly, with Town-wide spending slated to increase 15.44%, fueled by a doubling of the Town-wide capital budget and a tripling of"pay as you go"projects that shouldn't(and won't)all happen in 2023 and should be equitably charged to taxpayers who will reap the benefits. Last year,I suggested that the Town create a tax reserve to escrow a few million dollars in windfall proceeds received during the pandemic in order to provide tax relief over four or five years. At the time,the budget was projecting that the Town-wide Fund would grow from$4.4 million at the end of 2020 to$6.18 million at the end of 2022. A year later,that projection missed its mark by 33%:year-end fund balance is projected to climb to$8.25 million. With a reasonable appropriation of surplus to tax relief,much of last year's 16.3%Town-wide tax levy increase would have been eliminated with little effect on the engorged fund balance level. Now,the 2023 Town-wide budget proposes to use$2.278 million of retained surplus to fund capital projects totaling$4.28 million,a level that represents a 100%year-to-year increase in Town-wide capital spending. The$2,278 million planned for"pay-as-you go"projects marks a tripling of the corresponding funding levels in recent years: $720k in 2022; $700k in 2021; $434k in 2020 and 770k in 2019. These silent shifts in policy are arbitrary,unwise and inequitable. A year ago,(i)certain Village of Mamaroneck homeowners were still unable to return to their homes because of the effects of Hurricane Ida, and(ii)the Town coffers were flush with(a)Federal Covid funding combined and(b)a larger expected surplus from"conservative budgeting practices"used during the pandemic. To justify socking Town-wide taxpayers with a double-digit tax increase,the budget claimed,as it has again this year,that it is bad 2 Town Board December 7, 2022 Attachment J (Cont'd) budgeting practice to use excess fund balance to reduce the tax levy,because doing so would create a"systemic imbalance"in future budgets. This argument is flawed. Recall that prior to 2000,it was unlawful for municipalities to retain a budgetary surplus from year to year. All surplus funds had to be either escrowed and earmarked or appropriated in the following year's budget for tax relief. The legislative history for the amendment confirms that the reason for the change was,in large part,to stabilize taxes. See Exhibit A at 2 ("Allowing this use of fund balance can help stabilize taxes and maintain services without budget cutbacks..."). Thus,the question,under the law,is not whether you should use fund balance for tax relief(you should,when fund balance is excessive),but rather how much surplus is"reasonable"to retain in order to maintain stable service levels and tax rates. The Town's fund balance policy included on pages 220-221 of the 2023 Budget sets the upper range for fund balance in each of the 10 Town funds;it calls for remedial action if"any Town Fund"exceeds 25%of the budgeted appropriations in the following year. A year ago,the Town Council departed from this policy and passed on a tax increase that was not a reflection of"tax stability." The 2023 budget confirms,albeit silently,that taxpayers were overtaxed yet again in 2022. Yet,the Preliminary Budget declines to return the surplus that caused a 6% increase in Town-wide fund balance(to 53%of a year's appropriations). Instead,this budget proposes to slide essentially all of the excess fund balances in the Town coffers over to the capital fund while hitting up taxpayers for another overall 3%increase. To get there,the budget runs around the guidance of the NYS Comptrollers Office which recommends four actions be considered for excess fund balance: l) one shot expenditures,2)reduction of debt principal,3) financing reserve funds and 4)reduction of property taxes. See Exhibit B at 7. As the reduction of debt principal and the financing of reserve funds arc not being considered,the options left are a reduction of property taxes and/or one-shot expenditures. The most basic problem with the 2023 budget is that it spends down the Town-wide fund balance,hurriedly and arbitrarily,on capital projects that are not"one-shot expenditures." After claiming that the"optimal use of fund balance....is for one-time expenses and is 3 Town Board December 7, 2022 Attachment J (Cont'd) best not relied on to fund operating budgets on an annual basis,"the budget proceeds to blur the line on what constitutes a"one-shot expenditure"as opposed to a recurring capital investment. Most of the identified capital projects are customary,have an extended useful life and will eventually require replacement(i.e. not"one-shot"). In addition,the budget's use of cash for capital spending departs from past practice of funding long-term capital improvements with debt and grants. In doing so,the capital plan betrays a rush to move cash out of the Town-wide fund into the Capital fund in order to shoehorn the budget into"arguable compliance"with the Town's fund balance policy. Therein lies the fundamental problem. The 2023 Budget treats fund balance as an unencumbered funding source, i.e. "no cost"and"no worries"money. It is true that most of the 57%fund balance is an unencumbered funding source,usable at your discretion. However,your discretion should be guided by the view that fund balance,for all intents and purposes,is overpaid taxes of your constituents. We,the taxpayers in the Unincorporated Area of the Town,the Village of Mamaroneck and the Village of Larchmont,overpaid our taxes in prior years for a basket of services,which you didn't provide or provided at a lower cost than was budgeted. The budget extolls the virtue of not using excess fund balance to pay for operational costs,and then taxes us anew for the services you will(or may)provide,all to avoid a"structural imbalance"in the future. There are many reasons why this hard-nosed approach is unjust. Top among them is that the contention overlooks that adherence to"conservative budgeting principles"of underestimating difficult-to-predict classes of revenue and overestimating unpredictable costs is a strategy that, itself,creates a"systemic structural imbalance"which perennially overtaxes your citizens. Paraphrasing the words of your colleague at a budget work session: it makes no sense to be conservative on the estimates,generate a fund balance and then not use it. As a resident who was not permitted to speak at the work session in question,I heartily applaud the succinctness of her observation. Suggestion# 1. Appoint a finance committee of qualified residents from the Unincorporated Area of the Town,the Village of Mamaroneck and the Village of Larchmont. There is a reason why the Mamaroneck School Board,Westchester County, 4 Town Board December 7, 2022 Attachment J (Cont'd) Village of Mamaroneck,Village of Larchmont, Scarsdale and other neighboring municipalities have residents who provide"checks and balances"under a process that is designed to facilitate oversight of the taxpayers' purse. The Town has not always been an outlier in this context. John McGarr,a well-respected former Town Council Member and current co-chair of Westchester County's citizen's committee,told me that when he served on the Town Council,he oversaw the formation of a finance committee. You should reconstitute such a committee. There are taxpayers who can digest the 300 pages of data you have been presented,and offer informed and unvarnished views of the Town budget. Adding a standing committee will give voice to the taxpayers in your three communities and aid your oversight of ten complex and interwoven budgets. Suggestion #2: The budget needs to better explain the usage of ARP funding found on page 185 of the Budget. A year ago,$617,812 was listed as revenue and included in the Federal and State Aid total for the Town-wide Fund. This year,$907,360 of funding is listed but is omitted from the total found on page 48,which chart also shows a negative, year-to-year variance of$617,812. No explanation is provided on pages 33-36 of the budget,in the discussion of"major revenue sources." If there are capital projects properly being funded with ARP money,it seems that they should be identified and the revenue line adjusted to match the capital appropriation. In short,there is an anomaly in the budget that calls for more transparency since the planned tax levy increase is at issue. Suggestion#3 (A): Reduce the Amount of Town-wide Capital Projects. Cognizant of the difficult economic climate ahead in 2023,it is hard to support a 100%increase in the gross Town-wide capital budget(S4.278 million in 2023 versus$2.198 million in 2022, $1.27 million in 2021 and S2.377 million in 2020). This year-end, families in your communities will sit around the proverbial "kitchen table"and ask themselves: "what spending is necessary and what can we push off?" Because the country is heading into a challenging period next year you should prioritize the capital projects that have been put before you.To that end,deferring a mere$423,000 out of the$10 million pool of projects,as was reported, is neither serious nor sufficient. It seems plain that certain projects that will not be done in 2023 and that there are lower-priority projects to be 5 Town Board December 7, 2022 Attachment J (Cont'd) found which can be deferred. Doing so,allows you to repurpose the related funding to tax relief(an astute suggestion one of your colleagues floated at the November 1 session). Suggestion#3 (B):Recalibrate the cash and debt funding for the listed capital projects. As more fully detailed on page 2 above,over the past several years,cash funding of capital projects has averaged less than$750,000,which is 1/3 of this year's planned transfer of$2.278 million. Most deserving of further scrutiny is the proposed cash spending on"Town Buildings"and"Recreation Facilities"projects: Town Building Improvements Project Description Useful Total Project Bonds Interfund Life Budget Transfer to Capital Expand the Womens 20+ 103,000 0 103,000 Locker Room in PDZ Sheldrake Driveway 20+ 77,000 0 77,000 Town Center Renovations 40 294,000 0 294,000 Parks Building/Sign Shop 20+ 327,500 0 327,500 Reconstruction Total $801,500 0 $801,500 Recreation Facilities Project Description Useful Total Bonds/ Interfund Life Project Grants Transfer to Budget I Capital lHommocks Pool Renovation 20+ 3,000,000 2,000,000 1,000,000 Ice Rink-Office/Lobby HVAC 10-19 331,500 0 331,500 Total $3,331,500 2,000,000 $1,331,500 Historically,projects such as the$801,500 for Town Buildings and the$3.3 million for recreation facilities were not funded with cash,but rather were paid for with a mix of debt and grant funding. Indeed,the 2023 Capital Plan which is posted on the Town's website contemplated fully bonding the recreation renovations. This approach spreads the cost of these long-lasting projects to the taxpayers who will receive the benefit. Contrast the plan before you to the 2022 adopted capital plan,which funded six"Town Building Improvements"totaling$1,280,300 with$87,500 in grant money and the rest with bonds. Last year's budget was more akin to the 2020 budget,which funded 2 Why are village taxpayers being taxed for the expansion of the police department locker room? 6 Town Board December 7, 2022 Attachment J (Cont'd) $548,000 of improvements of Town Buildings with debt and grant money. Only in 2021,when pandemic rules radically affected building access,were there any"Town Building Improvements"funded with cash,and those two projects cost$10,000 and $18,000 respectively. Paying cash for these kinds of renovation is a dubious strategy. Spending on recreation facilities,especially, should be bonded and recouped through permit fees. You should not blind yourselves to the fact that your village taxpayers are also taxed for recreation services provided by their village governments. And,they are called upon to subsidize a sizable portion of the Town recreation budget because permit fees recapture roughly half of the Town's annual costs of recreation(76%listed less employee benefits and debt service). Looking ahead,the 2023 recreation budget projects a material loss for pool activities from revenues of$461,000 and appropriations of $848,000. These economics call for more study of the$3 million capital project. In any event,it is unjust to use$1.3 million in cash contributed by your current residents for the recreation projects,rather than financing the total project cost as the 2023 Tentative Budget proposed. This appropriation would increase the burden on current taxpayers,to the benefit of the owner and the users of the facilities. These particular renovations should be fully bonded and the debt service cost recouped through fees. In closing,with inflation having a real effect on many of your residents and a recession looming,consider the proposed 3%tax increase in context of your taxpayers' 2023 overall tax burden,which page 206 of the Budget shows will increase between 6.1%and 9.8%on average. Because an overall zero tax levy increase is achievable with little effort and good reason, the Budget,which proposes an overall 3%tax increase, should not be adopted in its current form. Respectfully submitted, �iaee�e� Michael Gottfried November 29,2022 7 Town Board December 7, 2022 Attachment J (Cont'd) NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI.Sec I BILL NUMBER• S7974 SPONSOR: RATH AN ACT to amend the county law, the general municipal law, the town law and the village law, in relation to the expenditures from contingency and tax stabilization reserve funds and in relation to the definition of unappropriated unreserved fund balance, budget statements of estimated fund balances, and permitting a portion of the moneys in such balances to be unappropriated PURPOSE• To permit counties, towns, villages and fire districts to retain a portion of unappropriated, unreserved fund balance, to authorize munici- pal corporations and fire districts to expend moneys from a contingency and tax stabilization reserve fund to reduce projected real property tax increases in excess of two and one half percent and to conform language in the municipal budget provisions to reflect the modified accrual basis of accounting prescribed for municipalities, instead of cash basis accounting. SUMMARY OF PROVISIONS: Sections 2 through 4, sections 11 through 13, and 15 through 17 would amend the finance articles of the County Law (article 7), Town Law (article 8) and the Village Law (article 5) , respectively, with respect to the budget-making process as it relates to fund balance. The bill, in section 14, would also make a comparable amendment to Town Law, §181, applicable to a fire district's annual estimate of revenues and expendi- tures. Under this legislation, each county, town and village would have to include in its budget a statement of the estimated fund balance for each fund, together with a breakdown of the amount of the fund balance esti- mated or allocated for encumbrances, amounts appropriated for the ensu- ing fiscal year's budget, amounts reserved for stated purposes pursuant to law and the remaining "unappropriated unreserved fund balance". These municipalities then would be permitted to retain a reasonable portion of the unappropriated unreserved fund balance determined, consistent with prudent budgeting practices, to be necessary to ensure the orderly oper- ation of government and the continued provision of services, taking into account certain factors. An "unappropriated unreserved fund balance" would be defined as the difference between assets of a fund and fund liabilities, deferred revenues, encumbered appropriations, amounts appropriated for the ensuing fiscal year, and amounts reserved for stat- ed purposes pursuant to law, including reserve funds established pursu- ant to the General Municipal Law. Consistent with the modified accrual accounting system prescribed for the majority of local governments, sections 1, 6, 13, and 18 of the bill include conforming amendments to delete the word "received" from the supplemental appropriation provisions of the County Law, Town Law and Village Law, to substitute the term "fund balance" for "cash surplus", in those supplemental appropriation provisions, and to make reference to revenues "recognized or reasonably expected to be recognized". A similar Town Board December 7, 2022 Attachment J (Cont'd) change would be made to County Law, § 307 relating to surcharges for "E9 11" systems. In the latter provision, the word "expended" would also be w deleted. Sections 7 and 8 of the bill would conform provisions of the General Municipal Law relating to certain reserve funds with the revised termi- nology. Similarly, section 10 of the bill amends section 98 of the General Municipal Law, relating to the operation and maintenance of certain railroad stations, to replace the term "surplus" with "unre- served fund balance". Section 9 of the bill would amend section 6-e(4)(d) to authorize munici- pal corporations and fire districts to expend moneys from a contingency and tax stabilization reserve fund to reduce projected real property tax increases in excess of two and one half percent, subject to certain limitations. Presently, the tax increase threshold for which such funds may be used is five percent. Bill section 19 provides that the Act would take effect immediately, but would apply only to budgets for fiscal years commencing on or after January 1, 2001. STATEMENT IN SUPPORT: This proposal is one of several bills submitted by the Comptroller to provide mandate relief and greater flexibility to local governments. Under current law, municipal budgets generally must contain statements of the aggregate unencumbered "cash surplus" or "fund balance". These statutory provisions have been interpreted to require that the entire estimated "unencumbered cash surplus" or "fund balance" be appropriated as a revenue source to balance the budget for the forthcoming fiscal year and used to reduce the real property tax levy for that year JKORN V GULOTTA, 72 NY2d 375, 534 NYS2d 108, citing 1970 Opns St Comp No. 70-393; 1980 Opns St Comp No. 80-280, p 79; 1969 Opns St Comp No. 69-708, unreported; 2 Opns St Comp, 1946, p 399) . Consequently, munici- palities are currently prohibited from carrying-over any of their esti- mated unappropriated unreserved fund balance. This proposal would allow a reasonable portion of fund balance to be retained. Retaining unappropriated unreserved fund balance can enable local governments to reduce or avoid the cost of borrowing, both to meet cash flow needs until taxes and other revenues are received, and to fund unanticipated contingencies (see, e.g., Government Finance Officers Association, 1991, "An Elected Officials' Guide to Fund Balance", and Research Bulletin, Nov. 1990, "Unreserved Fund Balance and Local Government Finance") . Also, unappropriated unreserved fund balance accu- mulated during times of economic growth may be used to offset revenue shortfalls in poor economic times. Allowing this use of fund balance can help stabilize taxes and maintain services without budget cutbacks. Further, bond rating agencies generally consider a positive fund balance an indication of good fiscal health. Thus, allowing local governments to carry-over a portion of the previous year's estimated fund balance can have the positive effect of enhancing a local government's credit rating. School districts are authorized, with voter approval, to include in the budget sufficient funds to meet anticipated expenditures during the first 120 days of the succeeding fiscal year (see Education Law, § 2021 21. In addition, since 1977, school districts have been authorized to Town Board December 7, 2022 carry-over a portion of their estimated surplus as unappropriated (see Peal Property Tax Law, S 1318 1). Initially, school districts were authorized to carry-over an amount equal to 2% of the school district budget (L 1971, ch 73) . This amount was raised to 5% for the 1989-90 school year (L 1989, ch 53, S 62) and for the 1990-91 school year (L 1990, ch 53, S 71). This bill would grant to counties, towns, villages and fire districts similar authority to carry-over, as unappropriated, a part of their unreserved fund balances from the previous fiscal year. Cities, which may amend their charters by local law to provide similar authorization (see, Municipal Home Rule Law, S 10 I ii .q;Second Class Cities Law, S 4), would not be affected by this bill (cf Municipal Home Rule Law, S 10(1) (ii) (d) (3)(4); County Law, 5 376 2; village Law, S 5-532, which prohibit towns, counties and villages, respectively, from adopting local laws which supersede the budget provisions which would be amended by this bill). The bill recognizes, however, the potential for abuse if local govern- ments are allowed to amass substantial unappropriated unreserved fund balances, the use of which is not anticipated within the foreseeable future. The Court of Appeals, in discussing the public policy underlying the current rule of law stated that: -the requirements is in accord with the strong policy of the law to require a full accounting of all public funds and to prevent municipal governments from acquiring tax proceeds faster than they are needed. A corollary of this generally recognized principle is that funds may not be accumulated for the remote future or for contingencies which may never occur. The accumulation us unjust because it deprives the people of the use of money taken from them by taxes for a considerable period and it is impolitic because it may tempt public officials having custody of the funds. The rule is intended to protect taxpayers from the misuse of surplus funds to hide deficit spending or to reap political profit' BORN, SUP RA, 72 NY2d at p 373, 535 NYS2d at p 113, citations omit- ted) . This bill would strike a balance between the potential misuse of fund balance and the inflexibility of the current requirement that the entire amount of any unappropriated, unreserved fund balance be used to reduce the tax levy in the following year. Under the procedures set forth in the bill, a reasonable amount necessary to ensure the orderly operation of government and the continued provision of services is determined during the budget process. The bill requires that this determination be made in a manner that is consistent with prudent budgeting practices and upon the local government's consideration of a number of factors recog- nized as being appropriate to the evaluation of the adequacy of unre- served fund balance, including fund size, cash flows, the certainty with which the amounts of revenues and expenditures can be estimated, and the local government's own experience (see Government Finance Officers Asso- ciation, 1991, "An Elected Officials' Guide to Fund Balance", and Research Bulletin, Nov. 1990, "Unreserved Fund Balance and Local Govern- ment Finance") . The bill further provides for a full accounting of municipal moneys, since the budget would be required to contain a state- ment of the estimated unappropriated unreserved fund balance recommended to be appropriated and a statement of that portion of the estimated unappropriated unreserved fund balance that will remain unappropriated. Town Board December 7, 2022 Attachment J (Cont'd) These procedures are intended to ensure that excessive unappropriated, unreserved fund balance will not be carried-over. Moreover, the local •, government's determinations regarding unappropriated, unreserved fund balance remain subject to examination by the Comptroller (see General Municipal Law §§ 33, 34). In conjunction with the foregoing, the bill would also amend the provisions of the Town Law, Village Law, and County Law to provide uniform terminology for the calculation and application of unappropri- ated unreserved fund balance. The Town Law, Village Law, and County Law presently require the budgets of towns, villages and counties to contain statements of the aggregate unencumbered "cash surplus" (County Law, § 355 1 g; Village Law, § 5-508) or "fund balance" (Town Law, § 107) . The phrase "cash surplus", as used in the County Law, the General Munic- ipal Law, the Town Law, and the Village Law, was originally placed in the law when municipalities were on a cash basis accounting system. Pursuant to General Municipal Law, § 36, which authorizes the Comp- troller to formulate and prescribe uniform systems for keeping accounts for municipal corporations, however, the Comptroller has prescribed the "modified accrual basis of accounting system" for most municipalities. Under this system, which is in accordance with generally accepted accounting principles, local governments prepare fiscal documents, such as their annual budgets and the annual financial reports required by General Municipal Law, § 30, on the principle that revenues are recog- nized when earned, measurable and available", rather than when "actually collected or received". To assure that the terminology used in the County Law, the General Municipal Law, the Town Law, and the Village Law is consistent with this accounting system, the bill would amend the budget provisions of those laws, including those relating to funding supplemental appropriations, to replace references to "cash surplus" with the term "fund balance". "Unappropriated unreserved fund balance" would be defined as the differ- ence between total fund assets and fund liabilities, deferred revenues, encumbered appropriations, amounts appropriated for the ensuing fiscal year's budget, and amounts reserved for stated purposes pursuant to law, including reserve funds established pursuant to the General Municipal Law. Examples of this last category would include reserve funds estab- lished pursuant to sections 6-c through 6-p of the General Municipal Law. A parallel conforming change would be made to County Law, S 307, rela- tive to the annual calculation of revenues and expenditures of surcharge moneys for "E911" systems for the purposes of determining whether the amount of the surcharge must be adjusted. The words "expended" and "cash surplus" would be removed to reflect modified accrual, rather than cash basis, accounting. Similarly, the word "received" would be deleted from County Law, S 366(2), Town Law, S 112(3) and Village Law, § 5-520(5) relative to the use of unappropriated, unreserved fund balance in a fiscal year, since it implies cash basis accounting, and a reference to "revenues" would be modified to refer to revenues that are "recognized or reasonably expected to be recognized". Consistent with modified accrual accounting, discussed above, this would ensure that revenues need not be received before they can be considered. A conforming amend- ment is also made to General Municipal Law, S 98, in relation to the operation and maintenance of railroad stations. Finally, the bill would provide greater flexibility to municipal corpo- rations and fire districts in connection with the use of moneys in contingency and tax stabilization reserve funds established pursuant to General Municipal Law, S 6-e. Presently, moneys in such a reserve fund may be used only to mitigate increases in the real property tax levy in Town Board December 7, 2022 Attachment J (Cont'd) excess of five percent. This bill, by reducing to two and one-half percent the threshold for use of these moneys to mitigate tax increases, would allow municipal corporations and fire districts to utilize moneys in the fund in a greater number of instances. This change would provide a more useful tool to municipal corporations and fire districts with respect to the effective use of fund balance in budgetary operations. All the other safeguards in section 6-e, designed to ensure that the fund is used only in appropriate circumstances, would remain unchanged. FISQL IMPACT: None to the State; local governments may experience savings, based upon reduction in the need to borrow or, when borrowing is necessary, better credit ratings resulting in lower interest costs on future borrowings. Town Board December 7, 2022 Attachment J (Cont'd) Developing an Effective Fund Balance Policy Dan Acquilano,Associate Examiner Division of Local Government and School Accountabliity 1 Learning Objectives • What Is Fund Balance? • History of Fund Balance Legislation • What Are the Components of Fund Balance? • Benefits of a Fund Balance Policy • What Is a"Reasonable Amount"of Fund Balance? • Keeping Fund Balance at Desired Levels Fund Balance—What Is It? • Fund Balance is the total accumulation of operating surpluses and deficits since the beginning of a local government's existence. $120,000 $100,000 �•� ■Pevenues $W,000 bpenddures $4kOW •Fund balance $20,000 ht- , SO 1012 2013 2014 i 1 Town Board December 7, 2022 Attachment J (Cont'd) Excessively Low Fund Balance • Normally caused by: —Poor budget practices —Desire to reduce taxes,or keep them at same level —Political reasons • Can result in: —Short-term borrowing(RANs,TANS,Budget Notes) —Deficit financing —Credit rating reduction • Should be increased in conformity with long- term plans Excessively High Fund Balance • Normally caused by: —Poor budget practices —Unduly high property taxes —Political reasons • Greater opportunity for fraud if controls are weak • Should be appropriated or reduced in conformity with long-term plans Components of Fund Balance GASS 54 • Five Categories —Nonspendable(accounts 806&807) —Restricted(accounts 814-898) —Committed(account 913) —Assigned(accounts 914&915) —Unassigned(account 917) 2 Town Board December 7, 2022 Attachment J (Cont'd) Fund Balance Limits • Prior to January 2001 —Counties,Towns,Villages and Fire Districts had no legal authority to carry over any unappropriated/ unreserved balance • Chapter 528 of the Laws of 2000 —Bill submitted by Comptroller to provide mandate relief and greater flexibility to local governments —Counties,Towns,Villages and Fire Districts can carry over a"reasonable amount"of unreserved/ unappropriated fund balance Legislative Intent - Prior to 2001 • Public Policy Underlying Rule of Law: —Governments need to make a full accounting of all public funds to prevent municipal governments from acquiring tax proceeds faster than they are needed —Municipal governments should not accumulate funds for the remote future or for contingencies which may never occur —Protection provided to taxpayers from misuse of surplus funds to hide deficit spending or to reap political gain r I r So Why the Change? • Legislators recognized the need to set aside a portion of unrestricted fund balance in order to: —Reduce the cost of borrowing for cash flow —Offset revenue shortfalls in poor economic times as well as unexpected expenditures —Stabilize taxes and maintain services without budget cutbacks —Improve long-term planning initiatives —Enhance the credit ratings of local government 3 Town Board December 7, 2022 Attachment J (Cont'd) So Why the Change? (Cont'd) Legislators also recognized the potential for abuse if local governments were allowed to amass excessive fund balances —The legislation was intended to strike a balance between the Potential misuse of fund balance and the inflexibility of the Previous legislation • Legislation did not define what is meant by a "reasonable amount" An OSC July 2001 accounting bulletin recommended each local government assess what is a"reasonable amount"for its particular situation and adopt a fund balance policy Benefits of a Fund Balance Policy • Provides for an orderly provision of services • Provides taxpayers with information about why resources have been set aside • Provides a framework to help guide budgetary decisions and multi-year plans • Helps ensure an adequate fund balance is available to: —Ensure efficient cash flow for daily needs —Protect against unforeseen expenditures related to emergencies —Offset economic downturns or revenue shortfalls —Maintain investment-grade bond rating THOMAS P 1 Effective Fund Balance Policies • Should: —Be adopted by the governing board with input from key officials(e.g.,CFO,budget officer) —Be in written form and subject to review by governing board on a regular basis —Be used to develop and amend multi-year capital and operational plans —Address how surplus balances will be applied —Address the timing for balances to be replenished to the desired level 1 4 Town Board December 7, 2022 Attachment J (Cont'd) So What is a "Reasonable Amount" • GASB 54 eliminated the unappropriated/unreserved terminology and instructed local governments to apply the"reasonable amount"calculation to the "unrestricted portion"of fund balance,defined as: -The total of the committed(913),assigned(914&915), and unassigned fund balance classifications(917) -In determining the amount to carry over,this total should then be reduced by any amount appropriated for the ensuing year's budget(914) Local government officials must consider a number of factors when determining how much unrestricted fund balance is"reasonable"to carry over "Reasonable" Factors to Consider • Composition of the fund balance(is it all cash?) • Timing of receipts and disbursements • Volatility of revenues and expenditures • Contingent appropriations • Established legal reserves • Potential for one-time outlays not provided for by reserves • Dependence on resources from other funds as well as the need to provide resources to other funds Size of the fund • Experience in prior fiscal years Common Methods Used to Calculate a "Reasonable Amount"* Percentage of Expenditures or Revenues -Example:15%of annual operating expenditures • Expenditures or Revenues for a set number of months -Example:Total estimated expenditures for the first two months of the fiscal year Specific dollar amount 'OSC does not recommend any one method or amount-these decisions are the responsibility of each local government based on its own situation. f 1 •'1 5 Town Board December 7, 2022 Attachment J (Cont'd) Estimating Available Fund Balance General Fund Fund Balance @ 1/o1IXX $782.005 Revenues to data(8131Au) $916.870 -Excendbures to date(8/31/xe1 $1,151,525 Balance,to dab $547,350 4 Projected Revenues(gill.12131)XX) $177,004 Protected E nendlhres(WIM2131W) S125.349 Estimated Fund Balanp at Yser-End—1213lfXX• Bllacalid[i of Estimated Fund Belenra 61)12131/XX: Restrbted (A$78,Capeel R...-4175,000,A806.Prepeid 1nwranw-$12,500) $187.500 Unrestdcled l Assigned,Appropriated W14) $100,000 Unrestricted lAssigned,Ursippropriated(A915,A917) $311,505 Budget Requirement County law§3551(g);Town law§§107(1)(b),181(2)(b);Village Law§5.506(1)(C) • Each municipal budget MUST contain: —A statement for each fund of the fund balance estimated to be on hand at the close of the current fiscal year,together with a breakdown of such fund balance estimated for: •Encumbrances •Amount appropriated for ensuing year's budget •Amounts reserved for stated purpose •Remaining unappropriated amount,not to exceed a "reasonable amount". Schedule of Estimated Fund Balances 7admw.dadd P.ld9.it-.aI$3J1$ $s99A0$ :s7Q6aso $Y!$}g;;: N—Pond"P-011-(-e—lmu,v,¢) $12,600 $7,W0 50_. ItWrld dFuld Not— cw.leHerw a:al $175,000 $75,000 so Repaba.s.rw lean) $0 E60,000 $31,OW Tap/E4dmWd UnrosllMd Fe l 2241115 $411-105. $654,150... $56,650 AOYa.d.AypropdWd-4 M16 Budget 014) $100,000 $170,000 $10.000 ANWas, 1 Up..pWpd 7e $BILSO$ t4wtw $44A10 Assigned for Rlaln.w ta.jecb - $65,400 Encumb.— }19151 $3,650 $6,230 . 00-Apigam.na - $411S60 $44,650 Un.ulprtl 6 Town Board December 7, 2022 Attachment J (Cont'd) A Four-Pronged Approach to Managing Excess Unrestricted Fund Balance • One-shot expenditures • Reduce Debt Principal • Finance Reserve Funds • Reduce Property Taxes One-Shot Expenditures • Expenditures that do not normally occur annually,such as: —Equipment and capital outlay expenditures(.2) —Court-ordered judgments —Extraordinary public service contracts(legal, assessor,etc.). Reduce Debt Principal • Decreases future interest payments • Shortens life of the loan • Improves credit ratings Note:since not all debt instruments allow for the reduction of principal ahead of schedule,local governments should check with their lender or bond counsel before pursuing this option. 7 y" Town Board December 7, 2022 Attachment J (Cont'd) Finance Reserve Funds • Reserves must be legally established -General Municipal Law(§§6-c through 6-r) -Town Law(§§55,55-a,55-b) -County Law(§372) • Reserves should be limited to amounts specified in resolution or other statutory limitations _ • Establishment and use of reserves should be - ------ -- linked to long-term capital and operational plans OEM Reduce Property Taxes • Be cautious(one-shot revenues should not be used to fund recurring expenditures) • Consider budgetary practices - Operating surpluses(deficits) • Can result in unstable tax rates • Link to long-term plans HOMAS P f NAPOLI Appropriated Fund Balance (a.k.a. Planned Deficit) Beginning Unreslricled FB $440,app $335,000 $198,600 $IlA3D Budgeted App ,p t,p 51,300,00p $1,319,000 $1,379,170 $1,379,170 Ellim-gee ,n $780,000 5750,000 $815,000 $810,000 Appropriated FB $90.000 $159,000 $134,170 $41,430 Tax levy 5430,00n0 $430,000 $430,000 $111,710 Budgeted Upe 1,O&,,n I5M W; (I119,000) 15134,170) (541430, actual Operating Surplus(0eflcn) I$305,0p0 ($136,400) I$157,1701 7 $87,740 increase in taxes(20%) $0 available to offset 2015 revenue shortfalls andl,,unexpected expenditures 8 Town Board December 7, 2022 Attachment J (Cont'd) Replenishing Unrestricted Fund Balance • Budgetary Provisions —When possible-replenish to desired levels in next fiscal year budget When not possible—develop a plan to replenish to desired level over a period of years(e.g.,3 years) —Maximum use of contingency account and apply budget surpluses to replenish fund balance • one-Shot Revenues —Sale of equipment&property —Gifts/donations Thank You Division of local Government and School Accountability I oca Itrai n ing @ osc.ny.gov 111111111ing MMMMMMANN�