HomeMy WebLinkAbout2011_12_07 Town Board Minutes December 7, 2011
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY, DECEMBER 7,2011
THE TOWN BOARD WILL CONVENE — at 5:00 PM, In Conference Room A to discuss Byron Place
Development,Amendment-Local Law#7-2010,Tax Levy Limit Legislation, Resolution-Fire District Tax Levy,
Sanitation Commission 2012 Tentative Budget
REQUEST FOR EXECUTIVE SESSION—at 7:OOPM to discuss Certiorari& Employment History
THE TOWN BOARD WILL RECONVENE—at 8:OOPM in the Court Room
CALL TO ATTENTION—Location of Exits
PUBLIC HEARINGS
1. Town of Mamaroneck 2012 Preliminary Budget
2. Town of Mamaroneck Fire District#1 Preliminary Budget
3. Local Law to Override the 2012 Town of Mamaroneck Budget Tax Levy
4. Correction of Local Law#7—2010 Bond Requirements for Removal of Petroleum Tanks
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Consideration—Resolution Regarding Fire District Tax Levy
3. Other Fire Department Business
AFFAIRS OF THE TOWN
1. Proposed Site Plan Amendment-Byron Place Associates
2. Authorization—Use of Unimproved Section of Lester Place
3. Authorization—Westchester County Clerk Records Online Program
4. Authorization—Closeout of Various Capital Projects
5. Authorization—Adjustment of Ambulance Charges—Town of Mamaroneck Ambulance District
6. Approval of Certiorari
7. Salary Authorization-Recreation
- Highway
APPROVAL OF MINUTES - November 2,2011 and November 17, 2011
ORAL COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETINGS—December 14,2011
January 4,2012
Any physically handicapped person needing special assistance in order to attend the
meeting should call the Town Administrator's office at 381-7810.
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December 7, 2011
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON DECEMBER 7,2011, BEGINNING AT S:OOPM IN
CONFERENCE ROOM A AND CONTINUING AT 8:00 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 Councilwoman Seligson,the Work Session was
unanimously opened at S:OOPM.
Byron Place Associates
Additionally present: Representatives from Byron Place Associates,Al Cleary,John Myers and Ray Sullivan
The Town Board had before them correspondence from Byron Place Associates which states:
Section6/c of the Specific Standards for the FCD Mamaroneck LLC Special Permit Application of the
Special Resolution dated 1012312006 sets out that:
"The proposed building shall have a green roof. Such roof shall cover no more than 50%of the total
roof.....the green roof was not considered part of the storm water management system for the
purposes of calculating post-development run-off."
We respectfully request that this requirement for a green roof be deleted for the following reasons:
1. It is not part of the stormwater management plan
2. A vegative green roof will require an irrigation system to provide water to the plantings. If this
system fails the plantings will fail and high winds could result in dirt being blown off the roof.
3. Residents will not be permitted on the roof hence the green roof will never be enjoyed by the
residents. Furthermore it will not be visible from the adjoining buildings or road.
4. Having a vegative green roof adds significantly to the roof load that needs to be supported.
Our intended roofing material will be high albedo(white of light colored)roof to reduce the heat
island affect and reduce heat gain within the building.
Also, while the permit sets the maximum amount of roof area that is to be green, it does not set
down a minimum.
Byron Place Associates distributed a new roof plan as well as a copy of the original plan.
Mr.Sullivan stated that certain assumptions were made regarding construction but that the specifics of the
mechanical devices were not finalized. With the current design having larger units, less of the green roof
remains.
Councilwoman Wittner stated that although the green roof was not considered part of the stormwater
management system having a green roof is in itself part of the water retention.
Mr.Sullivan added to his argument against a green roof by stating that the mansard roof design would
block out so much light that growing plant life would be very difficult. Mr.Sullivan also stated that by
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December 7, 2011
installing a white 'mirrored' roof there would be more LEED Certification than there would be with a green
roof.
Councilwoman Seligson disagreed with many of the assumptions set forth by Byron Place Associates and
encouraged the Board to have their own assessment made to the value of the green roof,and the
assumption that a reinforced roof design is needed to sustain it.
Councilman Odierna stated that he would not like to see this project delayed another six months.
Mr. Maker stated that during the application process for the issuance of a building permit changes are
allowed.Therefore,this request should not,in itself delay the project.
Supervisor O'Keeffe recapped the discussion by stating that the Board will review the new drawings,
research better ways to build the substructure of the roof,determine the amount of water retention a
green roof would provide,and determine what the square footage of the green roof would be as newly
drawn.
Mr. Maker was asked to comment on the process for Byron Place Associates. Mr. Maker stated that they
would need to apply for an amendment to their Special Permit. The Town would be required to refer it to
the Planning Board and the Coastal Zone Management Commission. This process would be at least a three
month time frame. Mr. Maker stated that Byron Place Associates would need to put a proposal together in
order for the Town Board to consider whether it would like to refer an amendment of the Special Permit to
the Planning Board.
Amendment—Local Law#7-2010
The Board reviewed a memo from Mr. Maker stating that the proposed amendment corrects an editing
error in the law regarding the removal of propane tanks. The law currently reads"Any bond posted under
this chapter shall be released to the person who posted it no later than six(6) months year after a
certificate of completion is issued....." .This law removes the word year which is incorrectly stated in
section 158-5 C. This is scheduled for a Public Hearing at this evening's Regular Meeting.
Tax Levy Limit Legislation
Additionally present:Tony Siligato,Town Comptroller
Mr.Altieri stated that with respect to how the Fire District Budget should be handled,the State
Comptroller's Office says it should be separate from the Town Budget and the Governor's office says they
should be together. Mr.Altieri stated that the Budget will be presented to the public as one, but for the
State requirements it will be submitted as two Budgets.
Mr. Maker emphasized that as a safeguard,should the Town Board want to override the Tax Cap,the Local
Law before the Board as a Public Hearing this evening needs to be in place.
Councilman Fishman emphasized that he would prefer to safeguard the process in the other direction and
not have an override legislation in place.
Sanitation Commission 2012 Tentative Budget
The Budget for the Sanitation Commission was presented to the Town Board. Mr.Altieri stated it was up
$100,000.00 from last year,due primarily to an increase in Workers'Compensation Insurance.
Councilman Odierna asked Mr.Altieri to post the Sanitation Commission Budget onto the Town web-site.
On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the Board unanimously agreed
to enter into an Executive Session to discuss employment history of particular persons.
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December 7, 2011
EXECUTIVE SESSION
Employment History of Particular Persons with respect to appointments to Boards and Commissions
On motion of Councilwoman Seligson,seconded by Councilman Odierna,the Board unanimously agreed to
reenter Work Session.
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:15 PM, she then pointed out the location of the exits.
Supervisor O'Keeffe noted the agenda items discussed during Work Session, reiterating to the audience
that the Work Session is open to the public.
PUBLIC HEARING (S)
Town of Mamaroneck 2012 Preliminary Budget
Town of Mamaroneck Fire District#1 Preliminary Budget
The following Notice of Public Hearing(s)were entered into the record as follows:
NOTICE OF PUBLIC HEARING
2012 PRELIMINARY BUDGET
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 Wednesday, December 7, 2011, at 8:OOPM 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, 2012
and ending December 31, 2012. 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$84,000 and the Town Justices(2)$21,000.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Christina Battalia
Town Clerk
Published November 29,2011
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December 7, 2011
PUBLIC HEARING
FIRE DISTRICT#1 PRELIMINARY BUDGET FOR 2012
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 Wednesday, December 7,
2011, at 8:00 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, 2012 and ending December 31, 2012. 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 29,2011
On motion of Councilwoman Wittner,seconded by Councilman Fishman,the Public Hearing was
unanimously opened.
Mr.Altieri presented a power point of the Preliminary Budget.
The following is the transmittal letter accompanying the submission of the preliminary Budget:
December 3,2011
Honorable Supervisor Valerie O'Keeffe
Members of the Town Board
Town of Mamaroneck
Re:2012 Preliminary Budget for the Town of Mamaroneck
2012 Preliminary Budget Town of Mamaroneck Fire District#1
Over the last six weeks the Town Board has had the opportunity to review the Tentative Budget which was
submitted on October 19, 2011. As a result of the review process we are now transmitting to the Town
Board the Preliminary Budget for the Town government and Town Fire District. These budgets will be the
subject of a public hearing on December 7,2011.
For the Town and most other municipal governments throughout the region the environment in which
budgets are being prepared remains difficult at best. Below are just a few of the factors that have serious
implications to the budget preparation process:
➢ Fifth Consecutive Year of Reduced Assessments
➢ Fourth Consecutive Year of Poor Revenue Performance
➢ Third Consecutive Year of Large Increases in New York State Mandated Costs
In light of the conditions surrounding the budget the Town Board must consider whether the Town should
continue the tradition of providing high levels of service or begin a process of scaling back services to hold
property tax levels steady. From all indications residents do not appear ready for major service reductions.
For that reason the budget presented here continues virtually all services. There have been some service
cuts that will be discussed later in this letter.
Over the last three budget cycles,particularly the 2011 cycle;many cuts were made to budget expense lines
and our full time personnel headcount was reduced. The result however is that we no longer operate with
an operating cushion that gives the government flexibility to provide added service when requested or
needed. Such a cushion relieves the Town of depending upon surplus funds for operating needs. Also as
staff levels change the time it can take to deliver services is affected. Local services provide a high quality
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December 7, 2011
of life in the community by offering a safe and attractive environment. By the very nature of our services,
local government is perceived as a constant in resident's day to day lives. You may recall in our transmittal
letter last year we spoke of budgeting to provide for virtually unlimited service. Those expectations remain
in place today which makes our mission even more difficult during tough economic times. Frankly during
times like these we actually see even greater demand for services. This past year's many winter storms and
the more recent hurricane and Halloween snow storm are just a few examples of the many contingencies
the Town must plan for to insure a safe and secure environment for the community.
The Property Tax Cap
Before presenting the details of the two budgets we want to note a change in the budget format. As a
result of the Property Tax Levy Cap legislation, the State has taken the position that the Fire District Budget
must be submitted separately from the rest of the budget for the Town government. It is unclear to us why
this change is needed in view of the fact that the Town Board is also the governing body of the Fire District.
Nonetheless we must follow the State's guideline on this matter. Therefore throughout the presentation
we will refer to the budgets separately however will consolidate the presentation in order to avoid
confusion.
This year the New York State legislature added a new wrinkle to the budget process by passing Chapter 97
of the New York State Laws of 2011 which establishes a limit on the annual growth of the property taxes
levied by local government. The terminology of this legislation is important because this is not a cap on the
change in the level of property taxes to be paid by an individual property owner. Rather this is a cap on the
total amount of property taxes that can be raised by the local government. Consideration was not given in
the legislation for levels of assessment or other factors that impact the rate at which the tax levy is
apportioned in the community.
The legislation establishes a formula for the calculation of the maximum tax levy that can be adopted by a
local government. Beginning with the 2011 adopted tax levy, the local government may add a tax base
growth factor established for each municipality by New York State. To that an allowable levy growth factor
maybe added which for 2012 is the rate of inflation(2%). There are also allowances for payments in lieu of
taxes and court judgments arising from tort actions. Certiorari judgments may not be included in the
calculation. The court judgments however must be greater than five percent of the communities tax levy.
Neither payments in lieu of taxes or court judgments apply to the calculation for the Town of Mamaroneck.
Lastly, the community may exclude increases in pension contributions that exceed two percent of the
actuarial contribution rate as calculated by the New York State Retirement System.
Addendums#1 and#2, attached to this letter provides the full details of the property tax cap formula for
the Town and the Town Fire District. For the Town of Mamaroneck the maximum tax levy increase is
$573,537. For the Town Fire District the maximum tax levy increase is$93,981.
The State legislation also includes a provision whereby the tax levy limit can be overridden by the governing
body of a municipal agency. For the Town a local law must be considered and approved by 60%of the
governing body after a required public hearing. For the Fire District a resolution must be passed with the
same affirmative vote of 60%of the governing body of the District.
When the tax cap legislation was adopted the hope of many local officials was that it would be
accompanied by relief from the onerous mandated expenses imposed by New York State. With the
exception of a partial exemption of retirement costs no meaningful mandate relief was part of the tax cap
legislation. This was quite disappointing because as we will explain later in this letter mandated expenses
continue to be the most prominent driver of budget increases.
Budget Overview
The staff began the process of preparing the budget back in June of this year. Department heads were
directed to target a three percent decrease in department expenses which was on top of the five percent
reduction for the 2011 Town Budget. As you review the budget you will find that with the exception of
those items outside of the Town's control most line item budgets have been reduced. The chart below
provides a comparative schedule for the year 2011 and Preliminary Budget for the Town not including the
Fire District.
Town of Mamaroneck 2011 2012 Change %Change
Appropriations $27,736,144 $28,441,243 $705,099 2.5%
Non-Tax Revenue 8,908,562 9,051,883 $143,321 1.6%
Reserve Application 820,000 840,000 20,000 2.4%
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December 7, 2011
Property Tax Levy $18,007,582 $18,549,360 541,778 3.0%
Taxable Assessments $150,621,950 $147,682,978 ($2,938,972) (1.9%)
Below is the comparative table for Town of Mamaroneck Fire District#1
Fire District#1 2011 2012 Change %Change
Appropriations $2,746,988 $2,899,645 152,657 5.5%
Non-Tax Revenue 0 0 0 0
Reserve Application 0 0 0 0
Property Tax Levy $2,746,988 $2,899,645 $152,657 5.5%
Taxable Assessments $67,440,681 $65,831,823 ($1,608,858) (2.4%)
Overall appropriations are proposed to increase by 2.5%in the Town and 5.5%in the Fire District. A full
44%of the increase in appropriations is attributable to mandated costs. With economic conditions little
improved since last year,performance of non-tax revenues continues to be a problem. We estimate that
this class of revenue will only increase by 1.6%or$143,000 in 2012. The application of surplus will grow by
$20,000 or 2.4%in 2012. The growth however was made possible by applying a percentage of the
distribution of funds from the cable television franchise fee. Without growth in revenues and with expenses
cut to minimum levels there is practically no opportunity to improve surplus levels.
The tax levy increase proposed for the Town Budget is$541,778 or 3.0%. As proposed the increase is below
the allowable tax levy cap increase of$573,537 or 3.18%. In the Fire District the tax levy increase is
$152,657 or 5.55%. This amount is higher than the allowable tax levy cap increase of$93,981 or 3.42%.
The chart below illustrates the tax levy performance for each of the Town Budget Funds.
Budget Fund Appropriation Revenues Surplus App. Tax Levy % Change in
Tax
Levy
Townwide $ 9,195,186 $5,699,350 $365,000 $3,130,836 <1
Part Town $10,829,673 $1,650,000 $250,000 $8,929,673 4.20
Highway Fund $ 4,727,981 $ 540,700 $ 50,000 $4,137,281 3.30
Street Lighting $ 186,515 $ -0- $ 15,000 $ 171,515 1.63
Amb. District $ 1,244,272 $ 830,200 $150,000 $ 264,072 (8.78)
Garb. District $ 1,846,170 $ 2,500 $ -0- $1,843,670 3.81
Sewer District $ 83,813 $ 1,500 $ 10,000 $ 72,313 (2.0)
Water District $ 327,633 $ 327,633 $ -0- $ -0- -0-
Total $28,441,243 $9,051,883 $840,000 $18,549,360
A review of the chart on the previous page shows that for all eight Town budget funds the average tax levy
increase was.33%. For five of the eight funds the Town was able to maintain tax levy increases below the
allowable growth limit. The largest tax levy increases are in the Part Town Fund, Highway Fund and
Garbage District. The importance of this is that in each of those funds the single highest cost increases
relate to New York State mandates.
For 2012 the Town again experienced another significant reduction in taxable value as a result of the large
number of tax appeals filed by property owners. The chart on page three shows that the taxable
assessments for the Town budget decreased by$2,938,972 or 1.9%and in the Town Fire District property
assessments dropped by 2.4%. As a result 36%of the change in the tax rate is driven by the reduction in
assessments. This trend is essentially identical to that of the last five years. Assessment reductions have
had an increasing impact upon property tax increases. Based upon the new reduced level of assessments, a
property owner in the Villages of Larchmont and Mamaroneck with an average assessment of$20,000 will
realize an estimated property tax increase of$5.60. A property owner in the unincorporated Town also
with an average assessment of$20,000 will realize an estimated property tax increase of$351.00 for the
year. The property tax increase for the unincorporated area property owner includes both the Town and
Fire District taxes.
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December 7, 2011
Revenue Discussion
At the outset we must point out that Town Fire District#1 has no sources of revenue other than the
property tax. As a result the revenue discussion presented here speaks exclusively to the Town Budget. As
you review the revenues projected for 2012 you will see that we have taken an extremely conservative
approach based upon projections that continued poor economic performance will not stimulate notable
changes in our largest revenues. Non-property tax revenues are expected to total$9,051,883 in 2012, an
increase of just$143,000. The chart below illustrates the magnitude of each category of non-property tax
revenue.
Federal Aid
State Aid
Liter-FLUld
misc,
Fhies
F'01'11lits
Use of Morley
biter-Govt
As you can see from the illustration departmental income is the single largest category of non-tax revenue
generating an estimated$3.6million. Of this total$2.2million is revenue to the Recreation Department
which in the coming year is expected to fund 91%of all departmental operating expenses including
employee benefits for Recreation Department staff. Most fees for programs and facilities are scheduled for
increases in the coming year.
The Town's Ambulance District is another example of the use of non-property tax revenues to defray
expenses. For 2012 we estimate that the Ambulance District will generate$830,200 in revenue. Our
estimate is based upon our call volume and increases in Ambulance fees as well as Medicare and Health
Insurance Allowances. When the application of surplus is added to their revenue base the District will fund
80%of its expenses.
Both the Recreation Department and Ambulance District are good examples of applying a "pay-as-you-go"
philosophy to municipal services. In both cases the Town is able to maintain a high standard of service with
minimal impact upon the property tax. Residents pay for what they use in services. In the coming year we
hope to explore other municipal services where this philosophy can be applied.
The next largest category of revenue is other taxes which includes penalties on late property tax payments
and sales tax. These revenues account for$1.8million of the Town's non-property tax revenues with the
sales tax comprising the largest component. For 2012 the Town is estimating a modest$25,000 increase in
sales tax thus bringing the total to$1.3million.
Parking fees include all fees collected for parking lot permits and meter fees. Overall parking fee revenue is
expected to total$349,500 an increase of only$14,500. Due to a downturn in the economy parking meter
use has not been as strong as expected. Parking lot permit sales do continue to remain strong at this time.
Revenues categorized as State Aid include our share of the mortgage transfer tax,per capita aid, Highway
Improvement Aid, and assistance for our weekend meals-on-wheels program. In total,State Aid to the
Town is estimated to be$1,465,700. Mortgage tax is the largest component of this category and also one
of the most volatile because of its direct connection to the housing market. The estimate for 2012 of
$900,000 remains unchanged from last year. In the 2011 Budget the Town Board approved a reduction of
$200,000 in the mortgage tax estimate. Below is a listing of other revenues included under State Aid and
the respective amounts.
➢ Community Counseling Center Aid $350,000
➢ Per Capita Aid $140,000
➢ Highway Improvement Aid $ 65,000
➢ Supplemental Nutrition Aid $ 6,700
➢ Youth Program Aid $ 4,000
As long as the financial condition of New York State remains in a constant state of flux there is always the
possibility that one or more of these aid programs could be eliminated. However the legislature has been
consistent in its advocacy of these programs over the years. With the exception of a small increase of
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December 7, 2011
$2,700 expected for the Supplemental Nutrition Aid which helps fund our weekend meals on wheels
program all other funding estimates are at 2011 levels.
In terms of Federal Aid the Town receives funding in the amount of$581,180 most which is for operation of
the Section 8 Housing Voucher Program. Other smaller aid programs include$10,160 for senior
transportation programs, and$45,000 for our daily senior citizen lunch program and weekday meals on
wheels program.
The slice of the pie chart on page 5 entitled"Use of Money"includes interest earned on Town Funds and
rental income from several sources. This category is estimated to raise$356,400 in 2012. Clearly the
dramatic reduction in interest rates has had a significant impact on this revenue stream. Three years in a
row we have been forced to reduce our estimates to the point that we are projecting just$91,000 in
interest income next year. It was not that long ago that this category of revenue raised over$600,000 for
the Town.
Rental income is generated primarily from the Town Center tenants and lease payments made by the Town
of Mamaroneck Housing Authority for use of the Hammocks Park Apartments site. Rental income is
estimated to be$265,000 in 2012.
Permit and License revenue will generate approximately$223,000 in 2012. Under the category of fines and
summonses we are estimating total revenue of$275,000. The primary source of permit and license revenue
is for Building and Land Use Permits. Interestingly the building department has seen a consistent flow of
applications throughout the year although the permits have been for small alterations and additions.
Based upon the recent increase in fees for the Building Department we have raised our estimates by about
$17,000.
We expect that construction will begin for the new housing development approved on Madison Ave. The
building permit revenue for this project is expected to be substantial however this is clearly one-time
revenue that we do not feel should be included in the budgeted revenue estimate. The added revenue will
help in our surplus recovery plan for the part town fund.
The application of surplus and the tax levy are the last sources of revenues to be mentioned here. In our
opening remarks we spoke of the poor performance of non-tax revenues and the continued roll back of
expenditures that have made surplus recovery difficult. Each year we speak of the importance of surplus
funds needed for overall financial stability. Surplus funds assist in evening out cash flow needs when
payments must be made to guarantee the tax levy's of the Mamaroneck School District and the Town's
share of the Westchester County tax levy. Surplus funds were invaluable during this past winter to cover
higher than expected expenses for snow and ice control.
The total surplus application proposed for this year is$840,000 which is an increase of$20,000 over 2011.
Originally the tentative budget proposed a decrease in surplus application. However, the Town was able to
provide a small increase in surplus funds as a result of a distribution of cable television franchise fees by the
Tri-Municipal Cable Control Board. The Town's share of the distribution was slightly more than$100,000 of
which$40,000 was applied to this budget. As you review the budget you will see that in the Townwide
Fund we have again reduced the surplus application by$55,000 to$365,000. We have however been able
to offset a portion of that reduction with an increase of$35,000 in the Highway Fund surplus application.
By reducing our dependence on surplus now during these uncertain economic times we feel the Town is in a
better position to control tax adjustments in the future as we have done in the past. We have set as a
benchmark for surplus levels a minimum of 12%of appropriations for each fund.
What further compounds the impact of a reduction in available surplus is the continued reduction in taxable
assessments. For 2012 over one third of the increase in the rates at which taxes are apportioned are
attributable to the reduction in assessments. Since 2008 the Town's total taxable assessment level has
dropped by$7.6 million or 5%. We will soon begin a property revaluation that will be based upon full
market value. Revaluation will not improve revenue performance or provide additional revenue. It will
however provide a more equitable distribution of property taxes. Also because the assessment data is
more current it is more easily defended. The new values will not be adopted until 2013 when the
revaluation is complete. Those new values would be applied to the calculation of tax rates for the 2014
budget. In the meantime unless there is a substantial increase in real estate values and/or the level of
construction of new homes in the next several years we can anticipate further reductions in our
assessments.
The last topic relating to revenue is obviously the property tax levy. For 2012 the tax levy is proposed at
$18,549,360 for the Town and$2,899,645 for the Fire District. The Town tax levy is within the allowable
limits provided for by tax levy cap legislation. The Fire District tax levy on the other hand is over the limit
allowed by the New York State.
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December 7, 2011
Expenditure Discussion
The 2012 Town Budget proposes total appropriations of$28,441,243 for all budget funds except the Fire
District. This is an increase of$705,099 or 2.5%. The Town Fire District appropriations are expected to rise
by$152, 657 or 5.5%. Below are two tables illustrating the budgets by major expense categories.
Town Budget excluding Fire District
Expense Type 2011 2012 Change %change
Salaries $11,281,595 $11,441,585 $159,990 1.4%
Equipment $137,000 $129,200 ($7,800) (5.7%)
Contractual
Expenses $7,969,770 $8,299,840 $330,070 4.1%
Employee Benefits $6,258,700 $6,689,400 $430,700 6.8%
Debt Service $1,611,579 $1,636,008 $24,429 1.5%
Inter fund Transfers $477,500 $230,000 ($247,500) (52%)
Town of Mamaroneck Fire District#1
Expense Type 2011 2012 Change %change
Salaries $1,300,930 $1,312,575 $11,645 .90%
Equipment $54,000 $44,000 ($10,000) (18.5%)
Contractual
Expenses $297,000 $385,800 $88,000 29%
Employee Benefits $910,700 $1,006,300 $95,600 10.5%
Debt Service $131,358 $140,970 $9,612 7.3%
Inter fund Transfers $53,000 $10,000 ($43,000) (81%)
Salaries/Personnel
The budgets for the Town and the Fire District include funding for 124 full time positions which is down
from a high of 135 positions in 2008. The 2012 budget includes no further changes in full time staffing
levels. With some growing pains, the Town continues to operate under the plan devised last year to have
departments share employees. The plan is currently operating within the Recreation Department, Highway
Department, Comptroller's Office and Justice Court. Sharing employees has allowed for continued
consistency in the administrative functions in these departments while using fewer staff. Last year's budget
produced personnel savings totaling$480,000 by offering a retirement incentive plan that produced savings
through the retirement of senior staff members. For 2012 a retirement incentive plan has been offered to
Police and Fire Department employees. At the time of this writing it was unclear whether any employees
would take advantage of the plan. We continue to realize savings from that plan through lower salary and
benefit costs for those positions that were replaced.
The only collective bargaining agreement that is in place at this time is with the office and Highway
Department personnel. Our agreement with the Town's police union which expired in December of 2010
has yet to be resolved and our agreement with the paid firefighters will expire in December of this year.
Not unexpectedly the collective bargaining process has been much slower as the parties are now
negotiating in a new budget environment.
Employee Benefits
The impact of double digit increases in our pension expenses continues to have a major impact upon our
budget. Because of the structure of the pension system as a state mandate there is no room for negotiating
any component of this plan with the unions. The Town cannot seek a contribution nor can it make changes
to the plans benefits. While the tax cap legislation allows for a partial exemption of the increased cost
when calculating the cap, the expense must still be accounted for in the budget.
The chart below illustrates the impact of pension contributions upon the Town and Fire District Budgets:
Pension Costs as a
Pension Costs 2011 2012 Change %of Total
2012Budget
Expense Increase
Town Budget $1,775,000 $2,080,000 $305,000 44%
Fire District
Budget $260,000 $330,000 $70,000 46%
10
December 7, 2011
For 2012 the Town's medical insurance expense will increase by just under 7%which is one of the lowest
increases in the last several years. This expense however is one that the Town continues to make gains in
employee contributions. In each of the last rounds of collective bargaining new employees have been
required to make larger contributions to their coverage.
On a brighter note, our worker's compensation insurance costs will decrease this year by$129,000 to
$458,000 as we tryout a new program offered by our carrier. As you may remember the Town under
Section 207 of the General Municipal Law must continue to pay a police officer their full salary for as long
as they are out on a job related illness or injury. Much of the cost associated with worker's compensation
insurance is the indemnity component that reimburses the Town for a portion of the employee's salary.
Since the Town must provide for police salaries in the budget each year we will self insure the indemnity
component to save on premium expense. If this is successful we will look to expand the program in future
years to other classes of employees.
Contractual Expenses
As you are aware contractual expenses includes all budget line items for goods and services purchased by
the Town government and the Fire District for day today operations. If you refer back to the charts on
page 9 you will note that there are large increases in contractual expenses and large decreases in inter fund
transfers for both the Town and Fire District budgets. These changes are the result of an accounting change
made with respect to vehicle fueling and repairs.
Beginning with the 2011 budget we developed a plan to allocate costs for vehicle fuel and repairs to each of
the Town Budget funds and the Fire District. The change reflects an improvement in our financial reporting
as we allocate expenses to the individual budget funds. The 2011 Budget listed the allocations as an inter-
fund transfer. Our auditors have indicated that the allocation should be treated as an inter-fund expense.
Also you should be aware that the contractual expense category also includes a reserve in both the Town
and Fire District budgets for any costs related to settlement of these contracts.
One of the most significant price increases realized over the past year has been in the area of vehicle fuel,
automotive parts and tires. This past year the Town experienced a 35%increase in the average cost of
vehicle fuel. While prices have dropped of late, there is no guarantee that the trend will continue.
Therefore we have budgeted with the expectation of a 7%increase in fuel prices in 2012. The Town
continues its efforts to reduce fuel consumption by the use of smaller vehicles and alternate fuels as well as
reductions in our total fleet. As the Town Board is aware we will be testing our new hybrid dump truck to
determine its value and fuel efficiency.
In other related energy expenses we have reduced our expense for electricity by 4%for 2012 down to
$429,000. Changes in our operations such as limiting the nights the Town Center is open and continuing our
conversion to LED street lights are contributing to the savings. Our expenses for natural gas are also
expected to drop next year to$113,000. The$10,000 reduction is in part attributed to the conversion to a
waste oil heater in our maintenance garage and the use of more efficient boilers and natural gas
appliances.
In November of this year the Town renewed its casualty and liability insurance policies. We were pleased to
learn that based upon the current market conditions and the Town's low loss ratio our premiums will
decrease for both the Town and the Fire District. Premiums will drop by almost 19%in the Town to
$260,000 and 12%in the Fire District to$35,000.
Our expenses for water will rise by just over$6,000 next year to$46,200. Unfortunately the Town is a
victim of its own water rate increase approved several months ago. The largest user of water is the
Hammocks Ice Rink with the Hammocks Field sprinklers the next largest user.
Steel and rubber prices have also increased dramatically impacting a number of commodities purchased by
the Town. As a result line items for tires,snow plow blades, and steel used for fabrication have all been
increased.
The contractual expense category also includes an appropriation of$430,000 for the defense of tax appeals
and the refund of taxes. Although we have begun the reassessment project;that will not impact tax
appeals in 2012. Therefore we must continue to make provisions for this expense.
Those items we have mentioned here represent the largest of the expenditures in this category of expense.
Capital Projects
11
December 7, 2011
For 2012 the Town proposes a capital improvement plan estimated to cost$1.5million. Of that amount
$155,000 has been appropriated in the Preliminary Budget for the Town. The balance of the funding would
be derived from the sale of bonds. There are no capital projects proposed in the Fire District Budget for
next year. Below is a summary of the projects planned for next year:
1. Equipment and Vehicles $ 675,000
2. Highway Improvements 65,000
3. Sanitary Sewers 60,000
4. Recreation Facilities 475,000
5. Computers/Radio Equipment 241,200
Total $1,516,200
Debt Service
For the coming year the Town's total debt service expense will rise by$39,000 to$1,782,528. At this time
the Town's total outstanding indebtedness is$19.1 million. In terms of new debt impacting the 2012
Budget, $2.74 million in bond anticipation notes were issued for the following projects:
➢ Sanitation Truck $ 190,000
➢ Fire Apparatus(2) $1,050,000
➢ Town Center Evaluation/
Improvements $ 130,000
➢ Senior Center Improvements $ 70,000
➢ Property Reassessment $1,300,000
In 2012 the Town will not be required to pay principle on the bond anticipation notes. An estimated
interest payment of$13,700 has been provided for in the budget. Our plan is to issue longterm serial
bonds in 2012 depending upon the market interest rates for municipal debt. Should the market not be
favorable the bond anticipation notes can be renewed for another year. The Town is fortunate that with
our AAA bond rating there is a strong demand for our bonds.
Service Reductions
Other than the line item reductions developed by the staff and the reductions we have mentioned in this
letter, the Town has made some minor service cuts. Specifically the following cuts are proposed.
At the Hammocks Pool, we are proposing reductions in the number of hours the pool will be open. Most of
the reductions are during the fall and winter season when pool attendance is less than during the summer
months. Altogether the cuts will result in savings of$38,000.
Also we are proposing the elimination of three school crossing guard posts and crossing guards for after
school programs. The following posts would be impacted.
➢ Weaver Street @ Harmon Drive
➢ Weaver Street @ Plymouth Road
➢ Murray Avenue @ Colonial Avenue
➢ After School Crossing Guards at Murray Avenue and Central Schools.
The process for selecting these crossings was done in conjunction with the Police Department by identifying
either the crossings that posed the least impact on pedestrians or where an alternate crossing was
available. These changes would result in an expense avoidance of$47,000.
Conclusion
For the last three years the Town has reduced any and all operating expenses for which we have some
measure of control. We have reduced our full time and part time head count over the same period. While
there is a sense that we cannot sustain continued increases in property taxes, we also cannot sustain
continued expense reductions without beginning the process of gutting our service offerings.
Also,pressure needs to be brought upon the New York State Legislature and the Governor to seriously
consider mandate relief and to not make token offerings that have no real bearing upon municipal
operating costs. With measurable changes in State mandates municipal budgets can be reduced with less
impact upon services offered.
12
December 7, 2011
We want to thank the Town Board for the time spent on the budget and their input. Also many thanks go
to our department heads and staff that have also spent many hours on the budget,finding ways to control
expenses and maintain services.
Sincerely,
Stephen V.Altieri Anthony S.Siligato
Town Administrator/Budget Officer Comptroller/Director of Finance
Supervisor O'Keeffe asked if anyone wished to comment on the Budget.
Gail Julie of 91 Hickory Grove Drive West,Co-President Murray Avenue School PTA, Liz Paras Co-
President of the Murray Avenue School PTA and Keko Tannenbaum President of the Central School PTA,
addressed the Board. Ms.Julie read a prepared statement which strongly opposes the elimination of
crossing guards at the corner of Colonial Ave and Murray Ave,as well as the crossing guard at Plymouth
Road and Weaver Street. Ms.Julie stated that our schools are neighborhood schools in which many
children walk and the crossing guards play a critical role in keeping these children safe. Alternatively,the
PTA would suggest first considering reducing the current hours of the crossing guards,specifically at
lunch time dismissal. Since only kindergarten children are dismissed at this time with adult supervision,
the PTA feels this is not an essential service. Additionally,the PTA recommends eliminating the crossing
guards for the after school activities; again,these students are usually accompanied by an adult. Ms.
Julie continued,stating if cuts must be made the PTA recommends eliminating the crossing guards at
Weaver Street and Harmon Drive and Richbell Road and Palmer Avenue.
Meg Kean,67 Echo Lane addressed the Board. Ms. Kean is Co-Chair of the Murray Avenue School
Walking School Bus and Walk to School Weeks Committee. Ms. Kean read a prepared statement
explaining the growing Walking School Bus Program and urged the Town to keep the crossing guards at
the intersection of Colonial Avenue and Murray Avenue.
Barry Gedan,Senate Place,described the almost blind intersection at Colonial Avenue and Murray
Avenue.At this intersection it is very difficult to see traffic coming up Murray Avenue from Town.
Drivers must inch their way out in order to see the oncoming traffic. Mr.Gedan stated that if the Town
eliminates the crossing guard at Colonial Avenue a very dangerous situation will be created.
Andrew Tucker, 124 Murray Avenue, began by stating that he has three children at the Murray Avenue
School. Mr.Tucker described the traffic flow created by the 'drop and drive' program at the school.
Essentially this forces the flow of traffic to the intersection at Colonial Avenue and Murray Avenue. Mr.
Tucker strongly favors keeping the crossing guard at this intersection.
Christy Gebhart, 124 North Chatsworth Avenue,stated she is not directly affected by the crossing guard
at Colonial Avenue and Murray Avenue but feels the fact that children are crossing at Murray Avenue
needs to be considered. Currently,due to the new house being constructed along Murray Avenue there
is essentially no sidewalk in that area along Murray Avenue.
The Board stated that the crossing of Murray Avenue in the area of Colonial Avenue is not sanctioned
and is extremely dangerous,adding crossing guards are not intended to be traffic enforces.The Board
would like this practice of crossing Murray Avenue at this location to be stopped.
Ms.Cutler of Glenn Road addressed the Board. Ms.Cutler's children and now grand children attend
Murray Avenue School. Ms.Cutler cannot believe the Town would consider eliminating crossing guards.
Ms.Cutler remembers when a Hommock's student was killed walking to school. Ms. Cutler does not
think the cost savings warrants this kind of cut in service.
Mr.Gedan again approached the Board with general comments about the Budget. Mr.Gedan read off a
list of salaries of particular Police Officers in excess of one hundred thousand dollars. Mr. Gedan's point
is that overtime pay ratchets up a retirees pension,adding this practice should be eliminated as it costs
the Town so much in retirement payouts.
The Board agreed that overtime needs to be eliminated from retirement,adding this is an issue that
needs to be addressed at the State level.
Mr.Altieri stated that some overtime is essential and cannot be eliminated if you do not want to reduce
services. If an officer is out sick another officer needs to be brought in to fill that tour. A larger
conversation needs to take place within the Town as to whether residents will tolerate less service if an
officer is out sick by not filling the tour.
13
December 7, 2011
Mr.Gedan asked the Town to consider forming a citizen's advisory committee.
Anita Levy of 35 Ellsworth Avenue addressed the Board. Ms. Levy stated that with the economy not
getting better any time soon,the Town needs to identify savings that are a result of cuts in services. Ms.
Levy encouraged the Board to present these to the public and not wait for public suggestions,as that is
not working. When asked, Ms. Levy suggested reducing the number of garbage and recycling pickups,
adding there is a definite feeling within the community that such cuts in services would be tolerated.
Leon Potok of 35 Munro Avenue in the Village of Mamaroneck stated that he has recently reviewed the
report of the Consolidation Committee and questions why there has been no follow up. Specifically, Mr.
Potok referred to the consolidation of the Detective Units of the Town of Mamaroneck and the Village of
Larchmont Police Departments.
Supervisor O'Keeffe stated that the Municipalities were stuck on the issue of who would be the head
detective for reporting purposes.
Councilman Fishman, having been a member of the Consolidation Committee,stated that any impetus to
share services must come from the Village,adding his understanding is that the current Village
Administration does not believe savings could be realized.
Mr. Potok encouraged the Town to put forth a proposal.
Mr. Fishman stated that,surprisingly, Mr. Potok is the first resident to come forward with this topic.
Mr. Potok had a second comment regarding medical costs. Mr. Potok suggested the Board come up with
a monetary figure for individual contributions to medical costs,adding a 'target'figure needs to be
established and then the Board should set itself as the example.
On motion of Councilwoman Wittner,seconded by Councilman Fishman,it was unanimously
RESOLVED,that the Public Hearing on the 2012 Preliminary Budget,and the
Public Hearing on the Fire District#1 Preliminary Budget for 2012
be adjourned until December 14,2011.
3. Local Law to Override the Tax Levy Limit for the 2012 Town of Mamaroneck Budget
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the
State of New York, and pursuant to a resolution of the Mamaroneck Town Board of
November 17, 2011 a Public Hearing will be held on Wednesday, December 7, 2011 at
8:00 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 "Override the tax levy limit
established in General Municipal Law 3-c" Law.
Purpose:
It is the intent of this local law to override the limit on the amount of real property
taxes that may be levied by the Town of Mamaroneck pursuant to General Municipal
Law§3-c,and to allow the Town Mamaroneck to adopt a town budget for(a)town
purposes(b)fire protection districts and (c) any other special or improvement district
governed by the town board for the fiscal year 2012 that requires a real property tax
levy in excess of the "tax levy limit" by no more than 0.80%,as defined by General
Municipal Law§3-c.
The full text of this Amendment 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
14
December 7, 2011
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 23,2011
Mr. Maker explained that although the Town budget currently stands without the necessity for
an override to the tax levy limit,should the Town Board choose to do so a local law must be
fully in place,specifically it must be filed with the Secretary of State.
Mr.Altieri emphasized that the Tax Cap Law as written does not limit the amount a municipality may
override the tax cap, but the Local Law the Town is proposing does. The proposed override cannot
exceed 0.80%.
On motion of Councilwoman Wittner,seconded by Councilman Fishman,the Public Hearing was
unanimously opened.
Supervisor O'Keeffe asked if anyone wished to comment on the proposed Local Law.
On motion of Councilwoman Wittner,seconded by Councilman Fishman,the Public Hearing was
unanimously closed.
On motion of Councilman Odierna,seconded by Councilwoman Wittner,the following Local law was
approved:
Local Law No. 9-2011
This local law shall be known as the "Override the tax levy limit established in General
Municipal Law 3-c" Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
It is the intent of this local law to override the limit on the amount of real property taxes that
may be levied by the Town of Mamaroneck pursuant to General Municipal Law§3-c,and to
allow the Town Mamaroneck to adopt a town budget for(a)town purposes(b)fire protection
districts and (c) any other special or improvement district governed by the town board for the
fiscal year 2012 that requires a real property tax levy in excess of the "tax levy limit" as
defined by General Municipal Law§3-c.
Section 2-Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law§3-c,which
expressly authorizes the Town Board to override the tax levy limit by the adoption of a local
law approved by vote of sixty percent(60%)of the town board.
Section 3-Limited Tax Levy Limit Override
The Town Board of the Town of Mamaroneck hereby is authorized to adopt a budget for the
year 2012 that requires a real property tax levy which exceeds the limit specified in General
Municipal Law,§3-c by no more than 0.80%.
Section 4—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.
15
December 7, 2011
Section 5—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 NO
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
4. Correction of Local Law#7—2010 Bond Requirements for Removal of Petroleum Tanks
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State
of New York,and pursuant to a resolution of the Mamaroneck Town Board of, November
17,2011 a Public Hearing will be held on Wednesday, December 7,2011 at 8:00 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 "Correction of Local Law No.7 of 2010"
Purpose:
On September 15, 2010, the Town Board enacted Local Law No. 7 of 2010 which amended
section 158-5 of the Code of the Town of Mamaroneck to make more specific the
requirement that a bond be posted to protect against damage they may cause during the
removal of oil or gas tanks.
As enacted,the last sentence of section 158-5 C. contained the word "year" and read "Any
bond posted under this chapter shall be released to the person who posted it no later
than six (6) months year after a certificate of completion is issued for the plumbing work
covered by the permit, provided that such work is done in accordance with the provisions
of the permit and the provisions of any Street Opening Permit and that all areas disturbed
during the work (including any rights-of-way) are restored to a condition that is
satisfactory to the Town Engineer." This was an editing error since the intention of the
legislation was that where appropriate, a bond should be released no later than six (6)
months after a certificate of completion is issued.
This law corrects that error by removing the word "year"from the last sentence of section
158-5 C.
The full text of this Amendment 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 23,2011
16
December 7, 2011
On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,the Public hearing was
unanimously opened
Mr. Maker explained that the proposed amendment corrects an editing error in the law regarding the
removal of propane tanks. The law currently reads"Any bond posted under this chapter shall be
released to the person who posted it no later than six(6) months year after a certificate of completion is
issued.....".This law removes the word year which is incorrectly stated in section 158-5 C.
On motion of Councilwoman Wittner,seconded by Councilman Fishman,the Public hearing was
unanimously closed
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the following Local law was
approved:
Local Law No. 10-2011
This local law shall be known as the"Correction of Local Law No. 7 of 2010" Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
On September 15, 2010, the Town Board enacted Local Law No. 7 of 2010 which amended section
158-5 of the Code of the Town of Mamaroneck to make more specific the requirement that a bond
be posted to protect against damage they may cause during the removal of oil or gas tanks.
As enacted, the last sentence of section 158-5 C. contained the word "year" and read "Any bond
posted under this chapter shall be released to the person who posted it no later than six(6) months
year after a certificate of completion is issued for the plumbing work covered by the permit,
provided that such work is done in accordance with the provisions of the permit and the provisions
of any Street Opening Permit and that all areas disturbed during the work (including any rights-of-
way) are restored to a condition that is satisfactory to the Town Engineer." This was an editing
error since the intention of the legislation was that where appropriate, a bond should be released
no later than six(6) months after a certificate of completion is issued.
This law corrects that error by removing the word "year"from the last sentence of section 158-5 C.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 158-5 C. of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
C. If the plumbing work involves the installation, removal or abandonment of an oil or
gas storage tank,the Director of Building Code Enforcement and Land Use
Administration cannot issue a permit until a performance bond or a cash bond is
posted with the Town by the permittee or the owner of the property on which the
plumbing work is to be performed.The amount of the bond shall be sufficient to
cover the cost of repairing any property, public or private,that may be damaged
during the course of the plumbing work for which the permit is issued and shall be
fixed by the Director of Building Code Enforcement and Land Use Administration
in consultation with the Town Engineer. Under no circumstances shall the amount of
the bond be less than $1,500.00. In cases where a Street Opening Permit also is
issued,the Director of Building Code Enforcement and Land Use Administration
may allow a single bond for both permits if he or she determines that a single bond
will be sufficient for the purposes of this chapter and of Chapter 187. Any bond
posted under this chapter shall be released to the person who posted it no later than
six(6) months after a certificate of completion is issued for the plumbing work
covered by the permit, provided that such work is done in accordance with
the provisions of the permit and the provisions of any Street Opening Permit and
that all areas disturbed during the work(including any rights-of-way)are restored to
a condition that is satisfactory to the Town Engineer.
17
December 7, 2011
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.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe then on motion of Commissioner Wittner,
seconded by Commissioner Fishman,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 Seligson presented fire claims for authorization of payment,thereafter on
Commissioner Seligson's motion,seconded by Commissioner 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:
AAA Emergency Supply Flow Test for SCBA Packs&Scott Pack Check 2,197.08
AAA Emergency Supply Bracket, Keeper Strap&Face Mask 319.38
AAA Emergency Supply Scott Pack Recharge&Hydrotest 96.00
AAA Emergency Supply Rope&SCBA Mask Cleaning&Repair 91.81
Amazon.com Carbon Monoxide Plug in Alarm&Calendar Refill 294.60
Byram Mason &Building Calcium Chloride Pellets 172.50
Cablevision Cable Service 11/23-12/22/11 117.89
Cleaning Systems Cleaning Supplies 160.05
Con Edison Gas Service 9/28-10/28/11 250.36
ESS Inc. New Radio, Radio Repairs 862.50
Foley Hardware Nuts/Bolts/Screws 0.59
G&K Services Inc. Building Cleaning Supplies 96.73
IKON Copier Rental 10/22-11/21/11 204.35
Interstate Diagnostics Physical Exams for 39 Firefighters 8,343.50
Larchmont Village Cleaners Uniform Maintenance 20.70
M.L.S. Refrigeration Service Call and Compressor Repair 824.63
Paul Tavolilla Reimbursement for Stove Parts 28.91
Poland Springs Nov. Rent for Water Cooler 45.98
Proftech 2012 Calendars&Journals 129.76
R&L Consulting Manhole Cover Hook 45.05
Rickert Lock&Safe Co. Replacement Locks&Keys 967.30
Sal's Pizza Food for Bail Out Drill 37.50
18
December 7, 2011
Sound Shore Pest Control Exterminating Services-10/25/11 65.00
Sunset Ptg&Adv Spec.Co. 50%of Fire Safety Publications 433.15
Superior Backf low Testing Backflow Testing 150.00
Town of Mamaroneck P.F.F.A. Life Ins. Premium 3 Months(Sept-Nov) 660.24
Verizon #914-834-2100 11/10-12/9/11 338.45
Verizon Wireless Cell Phone Service-9/27-10/26/11 169.95
Villamaria Inc. Food for Explorer Drill 61.72
Westech Elevator November Maintenance 175.00
Total: $17,360.68
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
2. Other Fire Department Business -Resolution Regarding Fire District Tax Levy
Commissioner O'Keeffe noted that Mr. Maker informed the Board that should this resolution be needed, it
can be passed at the December 14`" Meeting.
Commissioner Wittner noted,and the Commission accepted,the Service Awards Report for the Third
Quarter of 2011,as submitted by Chief Collins.
Commissioner Wittner noted that Fire Council met on December 5nd,at which they reported that the
microwave link tower at Winged Foot is up and running. The Thanksgiving Meals Program was a huge
success,adding eighty five meals were prepared and served by the Town and Village Departments'.
The Department will hold a Blood Drive on December 8`"from 5:00-8:OOpm. The annual Skate with Santa
will take place on December 111"from 12:00-2:30pm. Residents are encouraged to bring an unwrapped toy
for the Annual Toy Drive to Skate with Santa,or dropped off at the Fire House.
There being no further business to come before the Commission,on motion of Commissioner
Wittner,seconded by Commissioner Seligson,the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Proposed Site Plan Amendment-Byron Place Associates
Mr.Altieri explained that Byron Place Associates submitted building plans to the Building Department,as
required by August 1,2011.The Building Department is in the process of reviewing those plans with the
anticipation of issuing a Building Permit. Requirements of the Special Permit specify a 'green' roof be
installed. The developer met with the Town Board during worksession this evening to discuss amending
the Special Permit to remove the 'green' roof requirement. The Town Board has advised Byron Place
Associates to prepare a full petition that would be discussed during a Regular Town Board Meeting.
Procedurally,a petition to amend the Special Permit would need to be referred to the Planning Board as
well as the Coastal Zone Management Commission. The Town Board would also be required to hold a
Public Hearing. At this point the process for issuing a building permit is ongoing and the Town Board awaits
a possible petition from Byron Place.
19
December 7, 2011
2. Authorization—Use of Unimproved Section of Lester Place
Mr.Altieri explained that the Town has been in discussion with Mr. Pappalardi. Mr. Pappalardi is a resident
of 26 Lester Place and the owner of the adjacent parcels 1-30-151 & 1-3-41. It was brought to the Town's
attention that the there is an unimproved section of Lester Place in which the parcels Mr. Pappalardi owns
are located,that is only accessible through Madison Avenue. He is requesting use of the unimproved
section of Lester Place. A survey paid for by the Town and Mr. Pappalardi shows the Town to be the owner
of the unimproved section of Lester Place. Under advisement from the Town Attorney,a letter of
understanding has been drafted.
On motion of Councilman Odierna,seconded by Councilman Fishman,it was
RESOLVED,that the Mamaroneck Town Board does hereby accept the following
letter of understanding between the Town of Mamaroneck and Mr.Alessandro
Pappalardi,authorizes the Town Administrator to sign said letter on behalf of the
Town as follows:
November 8,2011
Mr.Alessandro Pappalardi
83 Highbrook Avenue
Pelham, New York 10803
Re: S/8/L 1-30-151 &1-30-141
26 Lester Place
Dear Mr. Pappalardi:
1 understand that you own the above referenced lots and that the Parcel is a landlocked and adjacent to
your property at 26 Lester Place. The Town has no objection to you or your tenant using the unimproved
section of Lester Place for ingress and egress to and from your Parcel and Madison Avenue.
By signing below, you recognize that
1. the Town has no intention of asphalting the road bed or installing infrastructure,such as
curbs,sidewalks,pipes, drains, water lines or sewer lines and that the Town's plan is to
leave this unimproved section of Lester Place in its current condition for the indefinite
future,
2. the Town has no objection to other persons using the unimproved section of Lester Place
and that you have no right to exclude others from utilizing the unimproved section of the
road.
3. the Town will not plow snow, remove leaves or clear debris,such as fallen trees, tree limbs
or garbage from the unimproved section of Lester Place and
4. if you ever intend to develop the Parcel with a single-family home or other use permitted
under the Town's zoning ordinance, you must comply(a)with all of the Town's ordinances,
rules and regulations, including but not limited to the Town's zoning ordinance and(b)with
the requirements of section 280-a of the New York Town Law.
5. You have indicated a need to remove two trees of approximately 8"in diameter to
complete the access to your lot. Removal of the trees will be conditioned upon a review by
the Town and a marking of the trees to be removed.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
20
December 7, 2011
3. Authorization—Westchester County Clerk Records Online Program
On motion of Councilwoman Seligson,seconded by pw,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve extending the
Agreement with the County of Westchester for remote access to the Westchester
County Clerk's Westchester Records Online until December 31,2012.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
4. Authorization—Closeout of Various Capital Projects
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,it was
RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Comptroller to close out
the Capital Projects listed below:
ATTACHMENT A
and
BE IT, FURTHER
RESOLVED,that the Mamaroneck Town Board does hereby authorize the remaining surpluses in the Capital
Projects to be returned to the appropriate fund,as follows:
ATTACHMENT B
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
5. Authorization—Adjustment of Ambulance Charges—Town of Mamaroneck Ambulance District
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the
2012 Ambulance District Fee Schedule as follows:
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December 7, 2011
BLS Emergency $570
ALS I Emergency $700
ALS II Emergency $800
ALS Assessment $70
Mileage $13.50 per loaded mile
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
6. Approval of Certiorari
On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was
RESOLVED,that the Town Board hereby authorizes the settlement of the following
tax certiorari on the following terms:
East Avenue Corp.
5 Winans Street
Larchmont, NY 10538
Block: 615 Lot: 358
Town of Mamaroneck/Village of Larchmont
Year Assessment Reduced Assessment
2005 $16,600 $16,600
2006 $16,600 $14,675
2007 $16,600 $13,600
2008 $16,600 $13,770
2009 $16,600 $13,900
2010 $16,600 $15,660
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
7. Salary Authorization
Recreation
On motion of Councilwoman Seligson,seconded by Councilman Fishman,it was
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December 7, 2011
RESOLVED,that as provided for in the 2011 Town Budget the Mamaroneck Town
Board does hereby authorize the payment of salary to the following:
HOMMOCKS PARK ICE RINK-Retroactive 11/06/11 through 6/30/12
Danielle DeAndrea Skate Guard $9.50/hr
ICE SKATING PROGRAM—Retroactive September 11/06/11—June 15, 2012
Amy Kirschenbaum Instructor $17/hr
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
Highway
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,it was
RESOLVED,that the Mamaroneck Town Board does hereby promote Michael Mendez
a Laborer in the Highway Department to the position of Motor Equipment Operator at
an annual salary of$53,406.00,effective December 8, 2011.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
ADDED ITEM
8. Settlement Agreement,Crystal Young
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the terms of the
Conciliation Agreement between Crystal Young and the Town of Mamaroneck,with the sum
of$1,000.00 to be paid to Ms.Young.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
APPROVAL OF MINUTES—November 2,2011
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was
unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve
the Board Minutes from the Meeting of November 2,2011.
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December 7, 2011
ORAL COMMUNICATIONS
George Roniger of the Larchmont Gardens'Civic Association addressed the Board. Mr. Roniger stated that a
positive spin on the lack of resident participation could mean most people are happy with the Town Board.
Mr. Roniger does, however, has some feedback from residents. Mr. Roniger continued stating he,and
others,felt the survey issued by the revaluation contractor was useless,adding it was obviously an off the
shelf survey and did not speak to the types of homes in our community. Mr. Roniger encouraged the Town
Board to allow more public input at the Revaluation Workshops,adding he asked if he could make a
comment at a recent Workshop he attended and was emphatically told no. He was concerned that at this
workshop that a comment made by a resident that revaluation is just about raising taxes was not
sufficiently addressed,at that the presenter should have stated more emphatically that this is not the
intent of a revaluation. Mr. Roniger also commented that residents would like more information about
revaluation that was done effectively in other communities. Mr. Roniger noted that the Falls is now in
better view thanks to the efforts of the owner's Nancy Bressler and her husband Doug. Mr. Roniger noted
the area around the Gardens Lake was uninviting and access seems reduced and wonders if additional work
is intended.
Mr.Altieri and Councilwoman Wittner responded that the design in intended to create a marsh area
between the foot path and the Lake. This was done for water quality as well as to help keep out the geese.
Additionally, Mr. Roniger noted that leaves have still not been picked up,adding maybe the Town should
consider swapping out a street sweep for a leaf pick up.
Mr.Altieri noted that due to the tragedy,as well as Hurricane Irene,the Highway Department is two weeks
behind schedule.
Finally, Mr. Roger asked if the damage to the Landsdowne Bridge was structural,and Mr.Altieri responded
that it was just cosmetic.
WRITTEN COMMUNICATIONS
None
SUPERVISOR'S REPORT
Supervisor O'Keeffe noted the wonderful sendoff lunch she received from the Town Employees,adding a
special thank you to Mary Stanton for her dual role as party planner!
Supervisor O'Keeffe clarified for residents,after the remarks by Mr. Gedan,that the Town Police force is
made up of college educated,well trained and experienced officers of the highest quality and that the
previous conversation was regarding overtime and was not about base salaries.
REPORT OF COUNCIL
Councilwoman Seligson thanked Supervisor O'Keeffe for including her in all the recent'Supervisor'
meetings she has attended.Councilwoman Seligson attended the Swearing in Ceremony for the Village of
Mamaroneck officials, noting how nice that was.Councilwoman Seligson also attended the Village of
Mamaroneck Tree Lighting which was really great.The Larchmont Committee on the Environment is
planning a 'Green Screen' Event this year. A series of'green'films and documentaries will be shown
throughout the community. The Town of Mamaroneck will host films on March 2nd and March 12`"and the
Larchmont Movie Theatre will show the Thorax as a feature film. The Martin Luther King Jr. Event will be
January 111"at the Hommocks Auditorium beginning at 7:30pm. John Gitlitz,the former Chair of the
Hispanic Resource Center,will be the honoree and Pastor James Forbes of Riverside Church will be the
Keynote Speaker. A special tribute will also take place for the founders of the Larchmont Gazette for their
service to the community.
Councilwoman Wittner noted the Budget Meeting on November 22nd that the Town Board attended.
Councilwoman Wittner attended a very informative meeting titled 'Comprehensive Planning and the Role
of the Planning Board",adding the Town's next big job for 2012 will be to review its comprehensive plan.
Councilwoman Wittner attended one of the Town's Assessment Workshops last Wednesday and Fire
Council last Monday.
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December 7, 2011
Councilman Odierna added to the many, many meetings everyone attended,the recent League of Women
Voters Breakfast on December 2nd. The Hispanic Resource Center spoke,adding it was an excellent
presentation.Councilman Odierna attended the Board of Architectural Review at which a number of signs
were discussed.
Supervisor O'Keeffe closed the meeting by again thanking Steve Altieri and Tony Siligato for their
prodigious work on this year's Budget.
ADJOURNMENT
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,the meeting was unanimously
adjourned at 11:45 PM
Submitted by
Christina Battalia,Town Clerk
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