HomeMy WebLinkAbout2010_11_30 Town Board Minutes November 30, 2010
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON NOVEMBER 30,2010, BEGINNING AT S:OOPM
IN CONFERENCE ROOM A AND CONTINUING AT 8:15 PM IN THE COURT ROOM OF THE
TOWN,740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor Valerie M.O'Keeffe
Councilwoman Phyllis Wittner
Councilman Ernest C.Odierna
Councilwoman Nancy Seligson
Councilman David J. Fishman
ALSO PRESENT: Christina Battalia,Town Clerk
Stephen V.Altieri,Town Administrator
William Maker,Jr.,Town Attorney
CALL TO ORDER-WORK SESSION
On motion of Councilwoman Wittner,seconded by Councilman Fishman,the Work Session was
unanimously opened at 5:10PM.
Tree Law
Present was Jack O'Keeffe.
Mr.O'Keeffe addressed the Board with comments regarding the proposed Tree Law. Mr. O'Keeffe had a
number of objections, but most importantly he felt strongly that any amendment to the Tree Law not
incorporate neighbor approval.
The Board proceeded to review a number of Tree Laws by other municipalities, notably Yorktown's.
Appointments—Boards&Commissions
On Councilman Odierna's recommendation the Board reviewed the resume of Beth Boyle as a member of
the Recreation Commission.
This appointment was added to the regular agenda for this evening.
On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,the Board unanimously agreed to
enter into Executive Session to discuss Employment History of particular persons.
EXECUTIVE SESSION
Employment History of Particular Persons
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the Board unanimously agreed
to reenter Work Session.
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November 30, 2010
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:40 PM, she then pointed out the location of exits.
PUBLIC HEARING(S) — 2011 Preliminary Budget—Town of Mamaroneck
2011 Preliminary Budget—Town of Mamaroneck Fire District#1
Dog Licensing Law
The following Notice of Public Hearing(s)are entered into the record as follows:
PUBLIC HEARING
PRELIMINARY BUDGET FOR 2011
TOWN OF MAMARONECK, NEW YORK
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck, New York on Tuesday, November 30, 2010, at 8:15PM in the Court
Room of the Town Center, 740 West Boston Post Road, Mamaroneck, New York to
consider the preliminary budget for the calendar year commencing January 1, 2011 and
ending December 31, 2011. All citizens are invited to attend and provide the Board with
written and oral comments and ask questions concerning the Town's entire preliminary
budget. The entire preliminary budget can be inspected by the public from 8:30AM to
4:30PM, in the Town Clerk's Office, Town Center, 740 West Boston Post Road,
Mamaroneck, New York. The Preliminary Budget is also posted on the Town of
Mamaroneck website www.townofmamaroneck.org
PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town
Board are as follows: Supervisor, $37,000;Town Council (4) $6,000 each and the proposed
salary for the Town Clerk is$82,000 and the Town Justices(2)$21,000.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Christina Battalia
Town Clerk
Published November 23,2010
PUBLIC HEARING
FIRE DISTRICT#1 PRELIMINARY BUDGET FOR 2011
TOWN OF MAMARONECK, NEW YORK
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Board of Fire
Commissioners of the Town of Mamaroneck, New York on Tuesday, November 30, 2010,
at 8:15 PM in the Court Room of the Town Center, 740 West Boston Post Road,
Mamaroneck, New York to consider the preliminary budget for the calendar year
commencing January 1, 2011 and ending December 31, 2011. All citizens are invited to
attend and provide the Commission with written and oral comments and ask questions
concerning the Fire District's entire preliminary budget. The entire preliminary budget can
be inspected by the public from 8:30 AM to 4:30 PM, in the Town Clerk's Office, Town
Center, 740 West Boston Post Road, Mamaroneck, New York. The Preliminary Budget is
also posted on the Town of Mamaroneck website www.townofmamaroneck.org
BY ORDER OF THE
BOARD OF FIRE COMMISSIONERS
OF THE TOWN OF MAMARONECK
Christina Battalia
Town Clerk
Published November 23,2010
On motion of Councilwoman Wittner,seconded by Councilman Fishman,the Public Hearing(s)were
unanimously opened.
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November 30, 2010
Present was Anthony Siligato,Town Comptroller.
Mr.Altieri and Mr.Siligato gave a Power Point presentation of the Preliminary 2011 Budget.
It is noted that the Power Point presentation of the 2011 Preliminary Budget is available for viewing on
the Town web site.
Mr.Altieri's 2011 Preliminary Town Budget letter to the Town Supervisor and Town Board is entered into
the record as follows:
November 30,2010
Honorable Supervisor Valerie Moore O'Keeffe
Members of the Town Board
Town of Mamaroneck
Re:2011 Preliminary Town Budget
Dear Supervisor and Members of the Town Board:
Transmitted herewith is the Town of Mamaroneck's Preliminary Budget for the upcoming fiscal year that
begins January 1,2011. The budget plan presented here represents the Town's estimates for the revenues
and expenses needed to provide the many municipal services of the Town government. Over the last six
weeks the Town Board has had the opportunity to review the budget, meet with department managers to
review their individual estimates and develop a financial plan that represents their vision for the Town
government in the coming year. This version of the budget will be the subject of a public hearing scheduled
on Tuesday, November 30,2010. Pursuant to the New York State Town Law, the Town Board must adopt a
budget no later than December 20.
After having had the opportunity over these past weeks, l believe that you will agree that this budget has
by far been one of the most difficult budgets to prepare. Difficult in that the economic conditions that have
plagued local governments since 2008 have not improved. For the third consecutive year there has been no
growth in major non-property tax revenues. Compounding the problem of funding municipal services is the
continued downward trend in our total taxable assessments.
Expectations for our services and how to budget for them are vastly different than in the private sector. In
the private sector, when demand for goods and services decrease companies contract. They reduce
personnel and operating expenses to meet their needs for continued profitability. This is not a preferred
solution for the private sector however they do have this as an alternative.
Local government does not necessarily have this as an option unless there is a conscious decision to change
the level of service to the community. You may recall that in our presentation last year we spoke of the
demand upon local government to provide virtually unlimited services particularly for our public safety and
public works departments. That mission does not change during tough economic times. In fact we actually
see in some cases a greater demand for municipal services.
Therefore the 2011 Preliminary Town Budget assumes the continuation of all current municipal services. As
we will explain later cost reductions and personnel adjustments may have a limited impact upon service
delivery.
Probably the most frustrating aspect of preparing this budget is that it is driven exclusively by factors
outside of the Town's control. Overall the operating expenses under the control of the Town are down for
the coming year. Where the Town could not control costs, nearly all of those costs are up and up
significantly.
On the following pages we will present the highlights of the 2011 budget and those factors that have driven
the need for a property tax increase in the coming year. First here are the highlights of the budget.
2011 Preliminary Town Budget at a Glance
2010 2011 Change
Appropriations $29,992,052 $30,506,512 $514,460 1.7%
Non-Property Tax
$8,696,515 $8,908,562 $212,047 2.4%
Revenue
Reserve $1,849,400 $820,000 ($1,029,400) (55%)
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November 30, 2010
Application
Property Tax Levy $19,446,137 $20,777,950 $1,331,813 6.8%
Taxable Assessments $152,721,695 $150,621,950 ($2,099,745) (1.4%)
The increase in appropriations proposed for the coming year, which will be discussed later, are almost
entirely the result of increases in mandated costs to the Town,specifically pension contributions, worker's
compensation insurance and health insurance. Non tax revenues are projected to continue a trend of poor
performance and for that reason the proposed increase is very small.
This budget includes a proposal for a substantial decrease in the application of surplus funds to the budget.
Multiple years of poor revenue performance has impacted our bottom line and reduced our ability to
recover lost surplus funds. Therefore for 2011 we propose to re-position our surplus applications to
maintain our strong financial condition with surplus levels adequate to meet unscheduled events. Also by
decreasing our surplus applications now, we are better situated for 2012 and 2013 should economic
performance remain flat.
The next schedule represents the expected property tax impact upon residents of the Villages of Larchmont
and Mamaroneck and those living in the unincorporated area of the Town. Before reviewing the tax impact
we want to clarify the allocation of Town services among the various areas of the Town. Residents living in
the Villages of Larchmont and Mamaroneck receive a number of services from the Town government
including emergency medical service, certain property assessment services, recreation services and most
recently the services of the newly consolidated Senior and Community Services Program and Section 8
Housing Voucher Program. In addition the Town serves as the collecting agent and guarantor of the
property taxes collected on behalf of Westchester County and Mamaroneck Union Free School District. The
decisions relating to the Town assuming responsibility for providing emergency medical services,Senior
Citizen and Housing Services are the result of successful service consolidation efforts between the Town and
the Villages of Mamaroneck and Larchmont. By consolidating services and apportioning the expenses over
a larger tax base the municipalities improved the efficiency of service delivery and a provided a greater
value to the residents.
Residents living in the unincorporated Town receive all of the services provided to the Villages as well as
other essential services including those of the Fire Department, Police Department, Highway Services,
Sanitation Services and Building Department Services.
Impact Upon Unincorporated Area Properties
2010 2011 Change
Property Tax Rate $266.02 $282.70 $16.68
Town Property
Taxes' $5,320.40 $5,655.20 $334.80 6.2%
Impact Upon Properties in the Villages of Mamaroneck and Larchmont
2010 2011 Change
Property Tax Rate $17.35 $22.66 $5.31
Town Property
Taxes in Villages3 $347.00 $453.20 $106.20 30%
Revenue Discussion
By now it is becoming a repetitive comment at budget time but the Town will again experience poor
performance from its non-property tax revenues. For 2011 we estimate that the increase in these revenues
will be only$212,000 and most of that increase results from departmental income where fee increases have
been proposed.
For the Town one third of our non-property tax revenue is made up of mortgage tax,sales tax, and
investment earnings. With the economy continuing to struggle through what has been characterized as a
' Calculation of property taxes is based upon a property with an average assessment of$20,000
2 Property tax rate is a combined tax rate that includes the Townwide tax rate and Ambulance District tax rate both of
which are levied upon all properties in the Town of Mamaroneck
3 Calculation of property taxes is based upon a property with an average assessment of$20,000
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November 30, 2010
weak recovery we have estimated that none of these revenues will increase in 2011. When revenues
perform poorly there is a greater dependence on the property tax but also serves to drain reserves. For
2011 the following table illustrates the funding streams to the Town Budget.
In years of better revenue performance the ratio of property tax funding to non-tax revenues and surplus is
lower. During the years of positive economic performance property tax funding for the budget has been as
low as 62%. In 2010 surplus applied to the Town Budget accounted for 6%of the total funding and non-
property tax revenues accounted for 29%.
Within the nine budget funds that make up the Town Budget it is the Townwide Fund which experiences the
greatest impact when revenues do not perform well hence the larger percentage tax increase. By statute
the Town must account for its share of the mortgage tax and investment earnings in the Townwide Fund.
Additionally we must account for revenues from fines and summonses in the Townwide Fund even though
the Police and Building Departments are budgeted in another fund.
For 2011 we estimate that non-tax revenue will total$8,908,562 for all budget funds. We mentioned
before the three major revenue sources;mortgage tax, investment income and sales tax. To provide some
idea of the magnitude of the changes in these revenues;in 2008 the Town earned just over$500,000 in
investment income. In 2009 income from this source dropped to$132,000 and as of this date we have
earned just$106,000.
The story is the same for both mortgage tax and sales tax. In 2008 the Town's mortgage tax revenue was
$1.33 million which dropped to$797,000 in 2009 and as of this date stands at$457,000. By year end we
estimate our mortgage tax revenue to be$900,000 and have budgeted this amount for 2011. With the
decline in the real estate market we have also planned for a decline in revenues from building and land use
permits. Our projections for this revenue have dropped from a high of$250,000 in 2008 to$173,000 in
2011.
Sales tax has been only slightly better than the other major revenues in its performance over the past
several years. Revenue from sales tax dropped from$1.5 million in 2008 to$1.3 million in 2009 and as of
this date the Town has received just over$1 million in sales tax. If consumer spending over the holiday is
up from last year we should reach our 2010 forecast of$1.27 million.
For 2011 we project our rental income from the leasing of property and space at the Town Center to be
$265,000. About 50%of this revenue is derived from the lease agreement between the Town and the Town
of Mamaroneck Housing Authority for its use of the land at Boston Post Road and Hammocks Road for the
Hammocks Park Apartments.
With respect to State and Federal Aid we do not expect any dramatic changes however that can change
based upon the future actions of the New York State Legislature and the Congress. Altogether the Town
will receive$830,000 in aid. Two of the biggest categories of aid include$154,000 in the form of per capita
state aid and$549,000 in federal aid for the operation of the Section 8 Housing Voucher Program. In
addition the Town receives from New York State$65,000 to help fund road improvements and$62,000 to
offset expenses for the senior citizen nutrition and transportation program.
One of the largest departmental revenue streams is for Recreation programs and facilities. We have had
the good fortune of having Recreation Programming that is popular year after year. This is evidenced not
only by the revenue earned but by the number of participants. However as we look forward to reducing the
use of property taxes for funding services Recreation Programming is one area where the use of fees to
finance operations is common. Through a combination of expense reductions and fee increases the
Recreation Department will fund 98%of its operating expenses through earned revenue. This ratio is up
from 83%in 2010. Revenues expected to total$2.19 million will offset$2.22 million in expenses. With the
reduction in expenses the Town's Recreation Commission has been able to develop a fee structure that
remains affordable to the community and does not impact program quality.
Other revenues of note for 2011:
➢ Ambulance charges $725,000
➢ Penalties on late Property Tax Payments $450,000
➢ Inter fund Transfers $405,500
➢ Parking Permit and Meter Revenue $350,000
➢ Water Revenue from Westchester Joint Waterworks $269,000
We want to touch upon the application of unreserved funds or surplus funds as a funding source to the
budget. Earlier in this letter we referenced the fact that over time if revenues do not perform adequately
there is an impact upon available surpluses. The Town does not create surpluses with phantom expenses.
Our surpluses are derived from expense savings and conservative revenue estimates. We have learned in
this current economic environment that even the most conservative revenue estimates can be imperfect.
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November 30, 2010
As illustrated in the earlier pie chart surplus funds as a percentage of total budget financing will drop from
6%to 3%in 2011.
In 2010 the Town's application of surplus to the budget was reduced by$200,000. For this coming year we
propose to reduce the application of fund balance by just over$1 million to$820,000 for all budget funds.
Certainly this recommendation has had a dramatic impact upon the adjustment to the various tax rates for
each fund however in the current environment there is nothing that gives us a sufficient level of confidence
to believe that other revenues will improve significantly over the next year or two. This being the case we
are unsure of how quickly we can restore the Town's surplus funds to more acceptable levels.
Our current surplus levels are considered adequate to withstand unanticipated expenses that may occur
during the budget year. This was confirmed by both our private auditors as well as Moody's Investor
Service. Moody's recently confirmed the Town's AAA bond rating however in their published comments
they noted the reductions in surplus in each of the funds and warned that any inefficient use of surplus
could negatively change the Town's financial position. We agree with that analysis. It was for that reason
we thought it best to reduce the Town's application of surplus to the 2011 Budget. As a result of the
uncertainty in the economy over the last three years we think that a more specific benchmark be
established for surplus levels going forward. Surplus levels equal to 12%of expenditures should be a
minimum target in the future.
By severely reducing our use of surplus now during these uncertain times we believe that the Town is in a
better position to control tax adjustments in the future as we have in the past.
Finally we want to touch upon the topic of the property tax levy and the subject of taxable assessments.
For the 2011 Town Budget tax rates were calculated on a total taxable assessed valuation of$150.6 million,
a reduction of$2.03 million from last year The continued reduction in our taxable assessments contribute
to the overall tax rate increase. Since 2008 taxable assessments have dropped by over$5 million. For 2011
1.1%of the tax rate adjustment is attributable to the reduction in assessments. The 2011 Tentative Budget
submitted in October called for a total tax levy of$20,934,855. That number has since been reduced and
the proposed tax levy in the Preliminary Budget is$20,777,950. The proposed tax levy is$1.3 million higher
than in 2010.
In 2011 we will begin a property revaluation that will be based upon market value. While revaluation will
not improve revenue performance or provide additional revenue, it will insure a more equitable
apportionment of property taxes. Also with new assessment data the Town is in a better position to more
vigorously defend tax appeals.
Expenditure Discussion
The Preliminary Town Budget proposes total appropriations of$30,506,512, an increase of$514,460 over
2010. In the Tentative Budget proposed in October the total expenditure increase was$671,365. As stated
in the beginning of this letter the budget as proposed continues all of the services currently provided by the
Town government. However with reductions in staffing levels and other expenses there will be some minor
impacts upon some services in terms of times for processing certain administrative functions and response
for some Highway Department related functions. Below is a chart that outlines the changes in each
category of expenses.
2010 2011 Change
Salaries $12,897,182 $12,605,905 ($291,277)
Employee Benefits $6,376,655 $7,169,400 $792,745
Equipment $246,800 $191,000 ($55,800)
Contractual Expenses $8,336,475 $8,266,770 ($69,705)
Interfund Transfers $476,000 $530,500 $54,500
Debt Service $1,658,940 $1,742,937 $83,997
Total $29,992,052 $30,506,512 $514,460
Salaries/Personnel
For the coming year we have reduced our salary expenditures by over$290,000. This has been
accomplished through a reduction of seven full time budgeted positions. This is in addition to the two full
time positions removed in the 2010 budget. In some cases full time positions eliminated for 2011 will be
substituted with part time employees in order to maintain efficiencies in various departments. Also we will
be initiating employee sharing between departments. Full time employees will be assigned to multiple
departments and learn multiple jobs in an effort to hold down salary expenses and take advantage of those
members of the staff with specific experience in various department operations.
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November 30, 2010
Some of our salary savings has also been accomplished through a retirement incentive plan. Four senior
employees will take advantage of a plan offered by the Town this year. With the staff reductions and the
corresponding reductions in benefit cost this allowed for a savings of$481,000. Savings will also be realized
in future years with total savings reaching$2.5 million over five years.
The Town's labor contracts are in place for 2011 with Office employees, Highway Department employees
and Firefighters. We are currently working on a renewal agreement with the Town's Police officers whose
contract expires on December 31,2010.
Employee Benefits
By now it is common knowledge that employee benefits are a major driver of expense increases in
municipal budgets and unfortunately the Town is in the same position. While staff adjustments and new
labor contract provisions help in reducing our exposure to these expenses total benefit costs for the Town
are still expected to increase by$792,745 in 2011. Below is a chart that outlines the various changes in
employee benefits:
Benefit Type 2010 2011 Change
Police/Fire Pension $925,000 $1,160,000 $235,000
Employees Pension $575,000 $875,000 $300,000
Worker's Comp. $415,000 $522,000 $107,000
FICA/Medicare $993,500 $999,050 $5,550
Medical Insurance $3,126,550 $3,257,000 $130,450
Other Expenses $341,605 $356,350 $14,745
Total $6,376,655 $7,169,400 $792,745
Of the total benefits listed a full 50%are mandated upon the Town by the State and Federal government.
For those expenditures where the Town has some discretion we have negotiated employee participation in
these costs. Since 1997, the Town's collective bargaining agreements have provided for employee
contributions to health insurance.
By far it is the pension expense that is the main driver of the increase in employee benefit costs. For 2011
our pension contributions will increase by$535,000 to anew total of$2.0 million. The Town is mandated to
offer the benefits of the pension plan to all Town employees. Effective January 1,2011 new employees will
be covered by a new Tier V of the pension plan. This new tier will require employees to contribute 3%of
their gross salary for their entire active career in New York State public service. Also under Tier V
employees except police officers and firefighters may only bank up to an additional$15,000 in
compensation towards their pensions. While these measures are expected to reduce overall pension
expenses, the savings will be in the long term.
Worker's Compensation Insurance and medical insurance are also expected to increase significantly in
2011. Worker's compensation costs have been driven up by two major factors;an increase in the weekly
indemnity payout from$400 to$793 per week and a failure on the part of the State to institute a cap on
permanent partial disabilities which was to be a part of the Worker's Compensation Reform Act. In an
effort to limit our exposure for this type of insurance we are working with our carrier on the feasibility of
self insuring for the indemnity portion of worker's compensation benefits. Since employee salaries are
provided for in the budget there is no additional cost to the Town to self insure for indemnity. Hopefully
this plan will result in a significant savings for the Town.
Medical insurance costs for the Town are expected to increase by 13.4%. For the Town this means an
expected cost of$3.2million in 2011. From what we have been advised the increase in costs is attributable
to the increased costs of medical procedures and the first phases of the new Federal legislation on medical
insurance. In the coming year dependent children up to the age of 26 may now remain on their parent's
medical insurance plan. Up until now the maximum age for dependent children was 21.
Looking at our day to day operating expenses including the categories of small equipment and contractual
expenses you will find them to be generally at our below 2010 levels. When budget preparation began in
June of this year department heads were directed to formulate budgets that reduced expenses by a
minimum of 5%. We then evaluated the impact of the reductions and adjusted accordingly. It was
important to make sure that the reductions were real and not require a budget adjustment in mid year. So
for the second year in a row the Town's departments have produced budgets with no increases where the
Town had full discretion over expenses.
One of the more significant reductions is for energy consumption. As a result of price reductions and
improvements in energy efficiency our expenses for electricity,fuel oil, gasoline and natural gas will drop
from$767,550 to$728,100. For the coming year we are exploring other measures to further reduce energy
consumption.
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November 30, 2010
Another considerable expense for the Town is the defense of tax appeals filed by property owners. This
year over 1,000 grievances were filed. While some of these grievances will be settled the process of
defending the claims can be expensive. The 2011 Budget includes a$500,000 appropriation for the defense
of the tax appeals and the refund of taxes.
In terms of capital projects for the coming year we are only proposing two new projects for 2011. First is
the replacement of two police vehicles at a cost of$50,000 and the second is an evaluation of the Town
Center Building for future repairs and restoration. The evaluation is expected to cost roughly$100,000.
Other capital projects that were approved in 2010 and for which financing has been secured will be
completed in 2011. These include:
➢ Purchase of a new refuse collection truck $ 185,000
➢ Purchase of a new rescue vehicle and fire pumper $1,050,000
➢ Road Resurfacing/Sidewalk Improvements $ 565,000
➢ Purchase of Hybrid Dump Truck $ 185,000
➢ Renovations to the Senior Center $ 400,000
➢ Construction of Sanitation Operations Building $ 962,0004
All other capital projects previously planned for 2011 will be deferred to 2012 or beyond. Aside from the
expense savings, deferring the project will allow the Town to delay new debt expenses to 2013 when the
Town will retire a number of older debt issues.
Another project to be discussed as part of the budget is the property revaluation planned for next year.
Costs for this are expected to range between$150 to$275 per parcel which means the total cost would be
between$1.75 and$2.33 million. We expect to issue the request for proposal in about two months.
The last expense of note is for debt service. This year the Town sold$3.2million of general obligation bonds
with a twenty year maturity. We were very fortunate to sell the bonds for an average interest rate of
3.08%. For 2011 our interest expense will drop by$26,000 while our principle payments will rise by
$110,000. Total debt expense next year will be$1.7million. The Town's total indebtedness is$16.0 million.
This concludes our transmittal letter for the 2011 Preliminary Budget. Historically, the Town has produced
budgets with modest tax increases and continued high levels of service. We have avoided large fluctuations
in tax adjustments and adopted a policy of slow and steady wins the race and that policy has been highly
successful for the Town of Mamaroneck.
For 2011 however we for all practical purposes hit a wall made up of multiple years of poor revenue
performance,further reductions in property assessments and a significant expense spike for mandated
costs. To address these circumstances with the critical help of the department heads we held the line on
operating expenses and proposed reductions in personnel. This budget also calls for a drastic reduction in
the application of surplus to reduce the likelihood of tax rate spikes in the future and maintain our strong
financial condition.
In concluding this letter we want to give a special thanks to the department heads that helped formulate
the budget. Their experience and creativity were invaluable in producing what has clearly been one of the
most difficult budgets in recent memory. We also want to thank the Supervisor and Town Board for their
work on the budget, their patience and enduring the many hours of work sessions.
Sincerely,
Stephen V.Altieri
Town Administrator/Budget Officer
Anthony Siligato
Comptroller/Director of Finance
Supervisor O'Keeffe asked if anyone wished to comment on the Preliminary Budget.
Jean Lienau,3 Lakeside Drive addressed the Board asking if the STAR program was being taken away.
Ms. Lienau also asked for the current status of the surplus fund.
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November 30, 2010
Mr.Altieri responded that the STAR rebate check is being taken out of the State Budget,adding he has
not heard whether the STAR exemption is being cut.
Supervisor O'Keeffe asked Mr.Siligato to address the question of the surplus fund.
Mr.Siligato responded that entering the year 2010,the Town's surplus also known as the reserve fund,
was 4.7 million;January 1,2011 it will be 3.1 million. Mr.Siligato further explained that only$800,000 of
reserve funds is being applied to the 2011 Budget,adding that it is a substantial reduction from previous
years. This is being done to maintain a recommended surplus percentage of 10-12%of the overall
budget. Mr.Siligato emphasized that this is a restructuring of the Town's financial structure,adding the
55% reduction in surplus allocation is painful, but it is the right thing to do.
Emily Hoffner, Howell Ave asked if the Pumper Truck was being funded through any grants,secondly Ms.
Hoffner asked if the health insurance costs are billed fiscally.
Mr.Altieri said the Pumper Truck is being purchased with borrowed funds and the health insurance is
fiscal.
On motion of Councilman Fishman,seconded by Councilwoman Seligson,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby adjourn the Public
Hearings on the 2011 Preliminary Budget and the 2011 Fire District#1
Preliminary Budget until December 15,2010.
PUBLIC HEARING—Dog Licensing
The Town Clerk explained that due to the State relinquishing the authority to license dogs it is now the
responsibility of the local municipalities. The Town in order to facilitate this change needs to pass a local
law which,among other things,will establish fees.
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE,that a Public Hearing will be held by the Town Board of the Town of
Mamaroneck on Wednesday, November 30,2010 at 8:15 PM or as soon thereafter as is
possible in the Court Room of the Town Center,740 W. Boston Post Road, Mamaroneck,
New York to consider the adoption of a Local Law entitled "Dog Licensing" Law
Purpose:
The purpose of this law is to comply with the amendments to Article 7 of the NY
Agriculture and Markets Law by which the State of New York has thrust additional duties
upon the Town.
The full text of this Local Law may be examined and copies obtained at the Town Clerk's
office during regular hours, Monday- Friday, 8:30 AM to 4:30 PM, In June,July and August
until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be
given an opportunity to be heard and that all persons are invited to submit written
comments at or prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: November 24,2010
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November 30, 2010
On motion of Councilman Fishman,seconded by Councilwoman Seligson,the Public Hearing was
unanimously opened.
Supervisor O'Keeffe asked if anyone had any comments.
Councilwoman Wittner asked if residents would see any change in procedure,adding would residents
now need to come into the Town Center to renew their dog licenses.
The Town Clerk responded no, licensing and renewals will still be done by mail,adding residents will not
see any change in procedure.
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,the Public Hearing was
unanimously closed.
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously
RESOLVED,that the Mamaroneck Town Board finds that the adoption of the
proposed local law"Dog Licensing"is hereby declared to be a Type II Action,with
no impact under the New York State Environmental Quality Review Act(SEQRA)
and requiring no further action.
On motion of Councilman Odierna,seconded by Councilwoman Seligson,the following Local law was
approved:
Local Law No. 10-2010
This local law shall be known as the"Dog Licensing" Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
The purpose of this law is to comply with the amendments to Article 7 of the NY
Agriculture and Markets Law by which the State of New York has thrust additional
duties upon the Town.
Section 2—Amendment of a current section of the Code of the Town of Mamaroneck:
Section 58-7 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
Section 58-7. Licensing of dogs; dog control;fees
A. Unless exempted,the Town of Mamaroneck shall license all dogs located within the
Town which are four(4) months of age or older.The owner of each dog required to be
licensed shall obtain,complete and return to the Town Clerk a dog license application
together with the license application fee set forth in section A250-1 A. below,any
applicable license surcharges and such additional fees that may be established by the
Town Board. Each license application shall be accompanied by proof that the dog has
been vaccinated against rabies or a statement from a licensed veterinarian that such
vaccination would endanger the dog's life in which case vaccination shall not be
required. Each dog license issued shall be valid for a period of one year and shall not be
transferrable.
B. The application for a dog license shall be on a form approved by the Town Clerk. The
application (i)shall state the sex,the actual or approximate age,the breed,the color
and other identification marks of the dog(ii)in the case of a renewal of a license,shall
state the identification number of the dog,(iii)shall state the name,the address(both
postal and e-mail)and a telephone number of the owner and (iii)shall contain a
certificate of rabies vaccination or statement in lieu thereof,as required by subdivision
two of section 109 of the NY Agricultural and Markets Law. The application for a spayed
or neutered dog which the Town is asked to license for the first time also shall be
accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by
the owner,showing that the dog has been spayed or neutered. In lieu of the spay or
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November 30, 2010
neuter certificate or the affidavit,an owner may present a statement certified by a
licensed veterinarian stating that he or she has examined the dog and found that
because of old age or other reason,the life of the dog would be endangered by spaying
or neutering. In such case,the license fee for the dog shall be the same as for a spayed
or neutered dog.
C. The Town Clerk shall not issue a dog license for a period which expires after the last day
of the eleventh month following the expiration date of the rabies certificate included
with the application for a dog license.
D. All dog licenses issued by the Town shall expire on the last day of the twelfth month
following the month in which the Town issued such license.
E. Though their dogs are required to be licensed,the owners of a guide dog, hearing dog,
service dog,war dog,working search dog,detection dog, police work dog or a therapy
dog shall not be required to pay the fee for licensing such a dog.
F. A dog participating in a dog show shall not be required to wear its dog license while
participating in such show.
G. All dog owners shall respond to the Town whenever the Town conducts an enumeration
of dogs pursuant to section 113(6)of the New York Agricultural and Markets Law.
Failure to respond within the time allotted for doing so shall result in the dog owner
being liable for the fine set forth in section A250-1 A., below.
H. Any violation of this law or of article 7 of the New York Agricultural and Markets Law
shall be prosecuted as a violation under the New York State Penal Law. Such
prosecutions shall be commenced by the issuance of an appearance ticket by any dog
control officer, peace officer,constable or police officer.
Section 3—Amendment of a current section of the Code of the Town of Mamaroneck:
Section 58-8 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
Section 58-8. Impoundment and redemption fees
A dog owner whose dog is impounded shall be liable for the fees for impoundment
and redemption from impoundment set forth in section A250-1 A. below.
Section 4—Amendment of a current section of the Code of the Town of Mamaroneck:
The Code of the Town of Mamaroneck hereby is amended to delete the provisions in
section A250-1 A.for sections 57-713.,to add the following provisions with respect to
sections 57-7A. and 57-7G.and to delete the provisions with respect to 57-8 and replace
them:
Code Section Subject Fee or Deposit
§58-7A. Dog license for each neutered
male or spayed female dog $20.00
§58-7A. Dog license for each unneutered
male or unspayed female dog $25.00
§58-7G. Failure to respond to an
enumeration within the time
allotted $50.00
§58-8 Fee for impoundment: $10.00 per day
Redemption of an impounded
animal:
first impoundment within any
calendar year $40.00
second impoundment within same
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November 30, 2010
calendar year $50.00
a subsequent impoundment within
same calendar year $60.00
Section 5—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 6—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe then on motion of Commissioner Fishman,
seconded by Commissioner Odierna,the Board of Fire Commissioners was unanimously declared open.
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
Commissioner: David J. Fishman
1. FIRE CLAIMS
Commissioner Odierna presented fire claims for authorization of payment,thereafter on
Commissioner Odierna's motion,seconded by Commissioner Councilwoman Wittner,it was
RESOLVED that this Commission hereby authorizes payment of the following
Fire Department claims as approved by the Fire Chief and audited by the
Comptroller's Office:
911 Wear Uniform Shirts 2,266.00
Amazon.Com Hammer, Drill&Jack 866.46
E.S.S. Inc. Radio Repair 545.00
Poland Springs Drinking Water for Oct 2010 71.16
High Tech Car Wash Super Wash and Rain X for 2232 21.50
Ikon Office Solutions Copier Service for Nov.and Add. Images 365.01
Proftech Calendars and Diary 111.36
Sound Shore Pest Control Exterminating Service 8/24 and 10/29/10 65.00
Town of Mamaroneck P.F.F.A. Life Ins. For November 2010 204.36
Total: 4,515.85
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November 30, 2010
The above resolution was put to a roll call vote:
Commissioner Fishman Aye
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner O'Keeffe Aye
Commissioner Wittner noted that the next meeting of the Fire Council would be December 6,2010.
There being no further business to come before the Commission,on motion of Commissioner Seligson,
seconded by Commissioner Fishman,the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Authorization—2011/2012 Snow&Ice Agreement—New York State
On motion of Councilwoman Wittner,seconded by Councilman Fishman,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the
Snow and Ice Control Agreement with the New York State Department of
Transportation for the years 2011/2012 at a rate of$1,552.00 per lane mile
for 9.2 lane miles for a total of$14,278.40,said agreement will end on June
30,2012,and
BE IT, FURTHER
RESOLVED,that the Mamaroneck Town Board does hereby authorize the
Town Administrator to execute said amendment and agreement on behalf
of the Town.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
2. Appointments-
Board of Assessment Review
Deferred until January 2011.
Recreation Commission
On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was approved that:
WHEREAS,with the resignation of Maura Devaney as Member C of the Recreation
Commission,a vacancy on the Commission exists.
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November 30, 2010
NOW,THEREFORE, BE IT
RESOLVED,that the Mamaroneck Town Board does hereby appoint Beth Boyle as Member C of the
Recreation Commission to complete the unexpired term of Maura Devaney,and
BE IT FURTHER,
RESOLVED,that the foregoing appointment shall be effective(A)immediately upon
the appointee taking and subscribing the oath mandated by section 25 of the New
York Town Law and (B)shall expire on December 31, 2010.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
3. Approval of Certiorari
On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,it was
RESOLVED,that the Town Board does hereby approve the
following Settlement of Certiorari as recommended by the
Town Attorney:
Village Plaza Condominium
400 Mt. Pleasant Avenue
Mamaroneck, NY 10543
Block: 902 Lots: 523.1 to 523.27
Town of Mamaroneck/Village of Mamaroneck
Year Current Aggregate Assessment Reduced Assessment
2008 $62,300 $50,002
2009 $62,300 $50,002
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,it was
RESOLVED,that the Town Board does hereby approve the
following Settlement of Certiorari as recommended by the
Town Attorney:
JJH, Inc.
228 Mamaroneck Avenue
Mamaroneck, NY 10543
Block: 907 Lot: 344
Town of Mamaroneck/Village of Mamaroneck
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November 30, 2010
Year Current Aggregate Assessment Reduced Assessment
2003 $23,000 $16,500
2004 $23,000 $17,200
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
4. Salary Authorization—Recreation
On motion of Councilman Fishman,seconded by Councilwoman Seligson,it was
RESOLVED,that as provided for in the 2010 Town Budget the Town Board
does hereby authorize the payment of salary to the following:
Hommocks Pool
Rachel Chess Lifeguard $10 per hour Effective 12/1/10
Kaz Kurihara Lifeguard $10 per hour Effective 12/1/10
Zoe Morvay Lifeguard $10 per hour Effective retroactive to
11/20/10
Kevin Saporito Lifeguard $10 per hour Effective 12/1/10
Angel Skytte-Gaiser Manager $18 per hour Effective 12/1/10
Hommocks Park Ice Rink
Sahra English Skating Instructor $18 per class Effective retroactive to
11/16/10
Michael Baiocco Skating Instructor $18 per class Effective retroactive to
11/16/10
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilman Fishman noted he will miss the next Zoning Board Meeting on December 15,as it will conflict
with the Town Board Meeting.
Councilwoman Seligson attended the Traffic Committee Meeting on November23. Councilwoman Seligson
stated that as recommended the Traffic Committee discussed the idea of a parking overlay to restrict
commuter parking on residential streets. Councilwoman Seligson reported that the Committee discussed
this for a very long time,adding the Committee doesn't feel the piece meal solution is the wrong way to go.
Their concerns with this type of radius legislation would be sign pollution. It was noted that residents
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November 30, 2010
affected by the recent parking restriction passed for France Place and Rochelle Road were at the Traffic
Committee Meeting addressing their concerns.
Councilwoman Witmer attended a meeting of the Coastal Zone Management Commission.The Commission
which is comprised of the Town of Mamaroneck and Village of Larchmont met jointly with the Village of
Mamaroneck and the Department of State. This was the second of such meetings to discuss consistency in
the local revitalization programs. Councilwoman Wittner noted that since there are differences in Laws
among the 3 municipalities,these meetings are very important.
Councilman Odierna attended the Board of Architectural Review(BAR),adding the focus was on Bonnie
Briar's expansion of their club house.The BAR also discussed signage for Car Quest. One last item of
discussion was the Town owned property next to the High Tech Car Wash. The BAR would like to see the
Town clean this area up and remove the stored cars.
SUPERVISOR'S REPORT
Supervisor O'Keeffe noted the beautiful art work that is on display at the Town Center. The artist are the
Town Senior's who participate in art classes given by Patricia Minor Sutherland,a well known local artist.
Supervisor O'Keeffe wished everyone a happy Hanukah.
ADJOURNMENT
Supervisor O'Keeffe closed the meeting in memory of Ardith Denzer,the daughter of Bill Denzer.
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,the meeting was unanimously
adjourned at 10:30PM.
Submitted by
Christina Battalia,Town Clerk
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