HomeMy WebLinkAbout2024_09_30 Town Board Minutes _ ��9 Town of Mamaroneck
Town Board Minutes
m Monday, September 30, 2024, Courtroom, Second Floor of
n Town Center 5:00 PM
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Sabrina Fiddelman, Councilmember
Jeffery L. King, Councilmember
Robin Nichinsky, Councilmember
Anant Nambiar, Councilmember
ABSENT:
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
William Maker Jr., Town Attorney
Tracy Yogman, Town Comptroller
Marc Romero, Assistant to the Town Administrator
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney.
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Work
Session unanimously opened at 5:04 p.m.
WORK SESSION ITEMS
1. Discussion - 2024 Capital Budget Amendments
Town Comptroller Tracy Yogman reviewed the four proposed 2024 Capital Budget
Amendments with the Town Board.
2. Discussion - 2024 Operating Budget Amendments
Comptroller Yogman reviewed the proposed 2024 Operating Budget Amendments
with the Town Board.
Town Board
September 30, 2024
3. Discussion - Town of Mamaroneck Fund Balance Policy Update
As the Town Board had discussed previously, Moody's has changed their
requirements for the Town going forward, necessitating a review of the Town's Fund
Balance Policy. The Town's present policy is to be at 15 to 25%. Moody's stated in a
recent call with the Town that in order for the Town to maintain a AAA rating, Moody's
will require the fund balance to be 35% at a minimum and they would prefer 40%. The
Board noted their discomfort with the Town's increase in debt as a result of
Westchester Joint Water Works. The Board agreed the proposed policy update
needed further consideration and discussion.
4. Discussion - Authorization for Audit Services Contract - EFPR Group, CPAs
The Town Comptroller presented the agreement for auditing services provided by
EFPR Group, CPAs. EFPR Group, CPAs services would include the Town's Annual
Financial Statement Audit, the Town Justice Court Audit, the ACFR Preparation, and
Federal and NYS DOT single audits, if needed. The proposed annual costs are as
follows:
• $49,700 for the 2024 audit
• $51,000 for the 2025 audit
• $52,300 for the 2026 audit
Additionally, any extra services will be billed at a rate of $85-190 per hour.
Comptroller Yogman stated that the EFPR Group, CPAs have done a great job, this
will be the second time we have renewed. The only change on this proposal verses
last year's proposal is the addition of the GFOA Financial Statement Award
application cost of $3,000.
5. Discussion - 2024 Declaration & Sale of Surplus Vehicles
The Town Administrator reviewed the list of surplus vehicles provided by Mr. Michael
Pinto, the Town's Fleet Manager. The Administrator noted that to sell these vehicles,
the Town Board must declare them as surplus and authorize their sale or disposal.
The Board highlighted several older vehicles with lower mileage on the list but were
reassured to learn that the Town is overall reducing the size of its fleet.
6. Discussion — Speed Humps on Colonial Avenue
Town Administrator Robson reminded the Town Board that, in response to numerous
requests to the Traffic Committee over the past several years, Town staff prepared a
Speed Hump Policy. This policy, which was recommended by the Traffic Committee,
was adopted by the Town Board. With the policy now in place, the Town staff
reviewed the first request that meets the requirements. After review, staff has
identified three potential speed hump locations that comply with the policy and
recommends considering the installation of speed humps on a temporary basis. This
will allow for further evaluation, with the final location(s) to be determined based on
the study.
Administrator Robson highlighted that the Town recently received funding through the
NYSDOT Transportation Alternatives Program (TAP) for the design and construction
of a new sidewalk on Colonial Avenue between Daymon Terrace and Weaver Street.
This sidewalk project might delay the final decision on the permanent installation of
any speed humps to allow time to design and evaluate the impact of both projects.
The Town Administrator noted that if or when the permanent placement of speed
humps is eventually approved, the work will be coordinated with the design
development process for the new sidewalk.
Town Board
September 30, 2024
7. Discussion - 2024-2025 Leaf Disposal Agreement
Administrator Robson reviewed a proposal from Moriarty Service for the disposal of
leaves, noting that the contract covers both material disposal at the site as well as the
mentioning the Town's obligation to pay tonnage fees. Moriarty Services Inc. has
regularly provided this service to the Town in past years and there has been no
change in price.
8. Discussion - Revision to "Limitations of Parking Boat Trailers on Public
Highways" Law
Town Attorney, William Maker, Jr. reviewed the revisions made to the "Limitation of
Parking Boat Trailers on Public Highways" Law, which were discussed at the
September 18, 2024, Town Board meeting. The Town Board discussed further
changes to this proposed law.
9. Discussion - Authorization of Amended Federal Aid Project Agreement - Weaver
Street Sidewalk Extension
Administrator Robson explained this authorization, noting that it is necessary to
continue progress on the Weaver Street Sidewalk Extension. Comptroller Yogman
confirmed that these funds are for construction costs now that the planning phase is
complete.
10. Discussion - Standard Work Day and Reporting Resolution for Councilmember
Nambiar
Town Clerk Allison May reviewed the standard work day and reporting resolution for
elected and appointed officials, specifically for Councilmember Nambiar. If approved,
the resolution will be posted for 30 days before being presented to New York State.
11. Request for Executive Session
Moved by Councilmember King, seconded by Councilmember Nichinsky, the
Town Board agreed to enter into Executive Session to discuss the proposed
acquisition, sale, or lease of real property, the employment history of a
particular person, and a contract negotiation.
Carried
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar,
the Town Board unanimously agreed to resume the Regular Meeting.
Carried
12. Additions to Regular Meeting Agenda
13. Updates
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting convened in the Courtroom Located on the second floor at the
Town Center. The Public was to view the meeting on cable access television (Optimum 76/
Fios 35) or on LMCMedia.org
Town Board
September 30, 2024
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at
8:09 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session
beginning at five o'clock this evening.
SUPERVISOR'S REPORT
Welcome to the September 30, 2024, meeting of the Town Board of the Town of
Mamaroneck. The Town Board met today for a Work Session in Conference Room A,
starting at 5:00pm, which is open to the Public.
This was a quiet week in terms of public events for me. Looking forward I want to remind you
to be sure to attend the October 5th Food Truck Festival from noon to 4:00 in Memorial Park.
There will 14 food trucks, 19 craft vendors, Westchester SPCA with mobile adoption unit,
bounce house, police, fire (doing bailouts), ambulance, pumpkin patch and 2 live bands. It's
THE place to be on Saturday!!!
The Hommocks Park Ice rink opens tomorrow, October 1 for public sessions. Check the
recreation page on the website for details.
For those who celebrate Rosh Hashanah, I want to wish you a sweet, healthy happy New
Year. And for those who observe Yom Kippur, I wish you an easy fast.
RESIDENT COMMENTS
Supervisor Elkind Eney invited audience comments and Mr. Gottfried addressed the Board.
Mr. Gottfried distributed two documents and discussed the proposed fund balance policy. He
mentioned Moody's strong recommendation to increase the fund balance and questioned if
other rating agencies were consulted. He expressed concerns about high fund balances
being pre-payments of taxes and the risk of fraud if controls are weak. He also noted that
increasing the fund balance would impact taxes. The Town Board thanked Mr. Gottfried for
coming in and sharing his opinions.
See Attachment A.
BOARD OF FIRE COMMISSIONERS
1. Call to Order
Commissioner Elkind Eney called the Meeting to order, then on motion of
Commissioner King and seconded by Commissioner Fiddelman, the Board of Fire
Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner: Jaine Elkind Eney
Commissioner: Sabrina Fiddelman
Commissioner: Jeffery L. King
Commissioner: Robin Nichinsky
Commissioner: Anant Nambiar
2. Fire Claims
Moved by Commissioner King, seconded by Commissioner Nambiar, it was
RESOLVED that the Board of Fire Commissioners hereby approves the
attached list of fire claims in the amount of$6,286.42.
See Attachment B.
Carried
Town Board
September 30, 2024
3. Other Fire Department Business
There being no further business to come before the Fire Commission, on
motion of Commissioner King, Seconded by Commissioner Nambiar, the
Commission unanimously adjourned and the Town Board reconvened.
Carried
AFFAIRS OF THE TOWN OF MAMARONECK
1. Consideration of Approval - 2024 Capital Budget Amendments
Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby authorizes the Comptroller to make the
necessary budget amendments, as presented.
Carried
2. Consideration of Approval - 2024 Operating Budget Amendments
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board hereby authorizes the Comptroller to make the
necessary budget amendments, as presented.
Carried
3. Consideration of Approval - Authorization for Audit Services Contract - EFPR
Group, CPAs
Moved by Councilmember Nambiar, seconded by Councilmember Nichinsky, it was
RESOLVED that the Town Board hereby awards the agreement to EFPR Group,
CPAs for auditing services for 2024-2026 at a total cost of$153,000 and hereby
authorizes the Town Administrator to execute the agreement and any related
documents necessary to carry out its implementation.
Carried
4. Consideration of Approval - 2024 Declaration & Sale of Surplus Vehicles
Moved by Councilmember King, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby declares these items as surplus and
authorizes their sale or disposal.
See Attachment C.
Carried
5. DEFERRED - Consideration of Approval - Speed Humps on Colonial Avenue
6. Consideration of Approval - 2024-2025 Leaf Disposal Agreement
Moved by Councilmember Nambiar, seconded by Councilmember King, it was
RESOLVED that the Town Board hereby approve the agreement between the
Town of Mamaroneck and Moriarty Service for the disposal of fall leaves from
October 14, 2024, through January 12, 2025, for a budget of$25,000 for facility
use plus applicable tonnage fees charged by Westchester County
Environmental facilities and hereby authorizes the Town Administrator to
execute the agreement and any related documents necessary to carry out its
implementation.
Carried
Town Board
September 30, 2024
7. DEFERRED - Consideration to Set a Public Hearing - Revision to "Limitations of
Parking Boat Trailers on Public Highways" Law
8. Consideration of Approval - Authorization of Amended Federal Aid Project
Agreement - Weaver Street Sidewalk Extension
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar,
WHEREAS, a Project for Weaver Street (RTE 125) Sidewalk Extension, Town of
Mamaroneck, Westchester County, PIN 8761.32 (the "Project") is eligible for
funding under Title 23 U.S. Code, as amended, that calls for the apportionment
of the costs such program to be borne at the ratio of 80% Federal funds and
20% non-federal funds; and
WHEREAS the Town of Mamaroneck desires to advance the Project by making
a commitment of 100% of the non-federal share of the costs of the construction
and construction inspection.
NOW, THEREFORE, the Town Board, duly convened does hereby
RESOLVE, that the Town Board hereby approves the above-subject project; and
it is hereby further
RESOLVED, that the Town Board hereby authorizes the Town of Mamaroneck to
pay in the first instance 100% of the federal and non-federal share of the cost of
construction and construction inspection work for the Project or portions
thereof; and it is further
RESOLVED, that the sum of$854,230 is hereby appropriated from Capital
Projects H5145 and made available to cover the cost of participation in the
above phase of the Project; and it is further
RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the Town Board shall convene
as soon as possible to appropriate said excess amount immediately upon the
notification by the Town Administrator thereof, and it is further
RESOLVED, that the Administrator of the Town of Mamaroneck be and is
hereby authorized to execute all necessary Agreements, certifications or
reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on
behalf of the Town of Mamaroneck with the New York State Department of
Transportation in connection with the advancement or approval of the Project
and providing for the administration of the Project and the municipality's first
instance funding of project costs and permanent funding of the local share of
federal-aid and state-aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible, and it is further
RESOLVED, that in addition to the Town Administrator is hereby authorized to
execute any necessary Agreements or certifications on behalf of the
Municipality/Sponsor, with NYSDOT in connection with the advancement or
approval of the project identified in the State/Local Agreement;
RESOLVED, that a certified copy of this resolution be filed with the New York
State Commissioner of Transportation by attaching it to any necessary
Agreement in connection with the Project, and it is further
RESOLVED, this Resolution shall take effect immediately.
Carried
Town Board
September 30, 2024
9. Consideration of Approval - Standard Work Day and Reporting Resolution for
Councilmember Nambiar
Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was
RESOLVED that the Town of Mamaroneck hereby establishes as presented the
standard work day for Councilmember Nambiar based on his record of
activities, to be posted for 30 days and then reported to the New York State and
Local Retirement System.
Carried
10. Consideration of Approval - Salary Authorization
Moved by Councilmember Nichinsky, seconded by Councilmember King, it was
RESOLVED that the Town Board hereby approves the appointment of Felicia
Amatuzzo as Assistant Court Clerk, effective September 29, 2024, with a
delayed start of October 21, 2024, at an annual salary of$55,539.
Carried
11. Consideration of Approval - Certiorari
Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was
RESOLVED that the Town Board hereby approves the settlement of the
certiorari for 147 Chatsworth Avenue resulting in a refund of$80.
Carried
REPORTS OF MINUTES
1. Reports of Minutes
Moved by Councilmember Nambiar, seconded by Councilmember King, it was
RESOLVED that the Town Board hereby approves the minutes of August 26,
2024, and September 18, 2024.
Carried
REPORTS OF THE COUNCIL
Councilmember Nambiar
• Looking forward to the Food Truck Festival this weekend and excited that the weather
forecast looks good.
Councilmember Fiddelman
• Attended the Village of Mamaroneck's Monarch Butterfly Festival last week. Learned
a lot about Monarch migration and the importance of milkweed for Monarch
caterpillars. Thanked the Committee of the Environment for a terrific event.
• On October 6th, Friends of the Larchmont Library will host a 3:30 pm reception,
followed by a program 4pm on The Electoral College. Please visit the library's website
to see the many programs on offer.
Councilmember King
• Attended last week's Coastal Zone Committee meeting, where they reviewed an
application for the Alma Turf Field. They discussed the project in depth.
• Thanked all the members that serve on the Coastal Zone Management Commission
for their time and expertise.
• Thinking of October 7th as we quickly approach this anniversary.
• Wish everyone that celebrates a safe holiday.
• The forecast for Food Truck Festival on October 5th is partly cloudy. Hopeful that the
Jets will be rained out in London and the weather here will be fine.
Town Board
September 30, 2024
Councilmember Nichinsky
• Will attend tomorrow night's Sustainability Collaborative meeting.
• Wish everyone that celebrates a happy new year and easy fast.
• Supervisor Elkind Eney added that the Sustainability Collaborative's Repair Cafe will
be held on October 12th at the Senior Center.
TOWN CLERK'S REPORT
Last Saturday, we hosted a Voter Registration Day at the Town Center and on Thursday,
October 10th, we will host another Voter Registration Day! If you want to check your
registration status, find out where your polling place is, learn what will be on your ballot, and
simply ensure your vote, come to the Town Center on Thursday, October 10th between noon
and 9pm.
Also on October 10th, the Westchester County Board of Legislators will be at the Town
Center from 11am until to 2pm to help you access any unclaimed funds that you might have!
For more information contact the Town Clerk's office.
Lastly, Early Voting starts at the Town Center on Saturday, October 26! Early Voting will run
from Saturday, October 26th to Sunday, November 3rd. Hours vary, so call or check the
website before you head over to the Town Center.
TOWN COMPTROLLER'S REPORT
Comptroller Yogman reminded the audience that there were only three hours left to pay your
first half school taxes. Comptroller Yogman urged everyone who had not already paid, to
online and pay before midnight!
TOWN ATTORNEY'S REPORT
Attorney Maker stated that it was the last day of the baseball season, and what a
rollercoaster it's been. The Mets managed to clinch a win by just one run, while the Jets,
unfortunately, lost their game to the Broncos by a single point. Good luck to the Orioles, said
Mr. Maker, but noted he will actually be cheering for Kansas City. And, despite that and the
Phillies being who they are, he wore a pink tie because he thinks Philadelphia will win the
pennant.
ADJOURNMENT
On motion of Councilmember King, seconded by Councilmember Nambiar, the
meeting was unanimously adjourned at 9:42 pm.
Carried
REGULARLY SCHEDULED MEETING - October 16, 2024
Submitted by
Allison May, Town Clerk
Town Board
September 30, 2024
Attachment A
4
TOWN OF MAMARONECK
BUDGET SUMMARY
The Town intends to get to a structurally balanced budget over the next five years and utilize fund balances
for funding capital projects and one-time expenses. This will be in compliance with best practices and
maintains fund balances in accordance with the fund balance policy.We were able to reduce fund balance
appropriations for recurring expenses in 2024 by $167k. Based on the proposed capital projects, fund
balance appropriations for capital expenses decreased by$1.5 million.Projects that were smaller in nature,
have useful lives of less than 15 years or have other funding sources were appropriated from fund balances.
Tax increases will be considered as one of the options to get to a structurally balanced budget in future
years.
Fund Balances
The chart below provides the estimated Unassigned Fund Balances by fund for 2024 based on the budget.
The General and Part Town fund balances are anticipated to decrease by 20-30%as a result of utilizing fund
balance for capital one-time projects and to reduce the tax burden in those funds.The fund balances are
analyzed each year as part of the budget process to determine the amount of funding that will be utilized
for operations and capital projects while maintaining a healthy balance. Fund balances are monitored
throughout the year to ensure compliance with the fund balance policy.
2024 Estimated
Projected Unassigned Appropriated FB for 2024 Unassigned
Fund Balance@ 2024 2024 Capital Transfer/ Appropriation for Balance di) % %Of
Fund 1/1/24 Budget Revenue Budget Expenses 1-Time _ Operating 12/31/24 Expenditures Revenues
GENERAL TOWNWIDE $ 7,049,843 $ 13,831,615 $ 15,729,890 $ 1,118,275 $ 780,000 $ 5,151,568 33% 37%
PART TOWN 5,406,756 16,670,715 18,320,315 453,375 1,096,225 3,757,156 21% 23%
HIGHWAY 2,250,406 6,713,518 6,933,518 170,000 50,000 2,030,406 29% 30%
FIRE DISTRICT 530,460 5,340,800 5,380,800
40000 490,460 9% 9%
ST.LIGHT DIST 161,596 305,500 305,500, 161,596 53% 53%
•
AMBULANCE 322,354 1,818,030 1,932,030 114,000 208,354 11% 11%
GARBAGE 580,455 2,507,670 2,507,670 580,455 23% 23%
SEWER 208,961 756,600 756,600
208,961 28% 28%
WATER 1,451,805 1,577,764 1,577,164
1,451,805 92% 92%
TOTAL $ 17,962,636 $ 49,522,212 $ 53,444,087 $ 1,895,650 $ 1,926,225 $ 14,040,761 26% 28%
30
Town Board
September 30, 2024
Attachment A (Cont'd)
Recapitulation of 2024 Adopted Budget
Excerpt from Page 30 Additional Additional
UnreStriaed
Projected Tax or Cuts FB as a% Tax or Cuts
d to
Fund Balance Projected Projected Projected Fund Balance FB as a% Needede get toe35%
Fund District @ 1/1/2024 Revenue Expenses Net Results @ 12/3 1 028 32.8% get to 3353,8 355 ev% Revenu nu
General Fund-Townwide 7,049,843 13,831,615 15,729,890 (1,898,275) 5,
General Fund-Part Town 5,406,756 16,670,715 18,320,315 (1,649,600) 3,757,156 20.5% 2,654,954 22.5% 2,283,176
Highway Fund 2,250,406 6,713,518 6,933,518 (220,000) 2,030,406 9 , 25.3% 325 30.2% 1329,789
490,460 % 1,396
Fire District 530,460 5,340,800 5,380,800 (40,000) 52.9%
Amb ulance Dis 9.2%
147
161,596 305,500 305,500 - 161,596 52.9%
mbStee Light D istrtrctict 322,354 1,81$,030 1,932,030 (114,000) 208,354 10.8% 467,857 11.5% 454,792
A
580,455 2,507,670 2,507,670 - 580,455 23.1% 297,230 23.1% 297,230
Garbage District 208,961 27.6% 55,849 27.6% 55,849
Sewer District 208,961 756,600 756,600 1,208,961 27,6% 27.6%
Water District 1,451,805 1,577,764 1,577,76492 —
0% -
Total 17,962,636 49,522,212 53,444,087 (3,921,875) 14,040,761 26.3% 5,618,928 28.4% 4,809,983
2023 Adopted Tax Levy 30,180,305 30,180,305 30,180,305
2024 Adopted Tax Levy 31,887,970 37,506,898 36,697,953
5.66% 24.28% 21.60%
Town Board
September 30, 2024
Attachment A (Cont'd)
Memorandum
Re:Authorities regarding the Administration of Unappropriated Unreserved Fund Balance
The authority for maintaining a fund balances in a Town budget is found in Town Law§ 107(b);
this provision states in pertinent part:
The preliminary budget shall show by funds . . . , (b) estimated
fund balances, . . . , including . . . . the remaining estimated
unappropriated unreserved fund balance for each fund,provided
that the remaining estimated unappropriated unreserved fund
balance for each fund shall not exceed a reasonable amount,
consistent with prudent budgeting practices,necessary to ensure
the orderly operation of town government, taking into account
factors including, but not limited to, the size of the fund, cash
flows, the certainty with which the amounts of revenues and
expenditures can be estimated,and the town's experience in prior
fiscal years,.."
See Town Law§ 107(b)(emphasis supplied). Municipalities in New York were not always
allowed to hold over surplus funds produced in a fiscal year,and instead had to apply them to
reduce the following year's tax levy on residents. See Exhibit A(New York State Senate
Introducer's Memorandum in Support of Senate Bill S7974)at 2; See Also Exhibit B
("Developing an Effective Fund Balance Policy",NYS Comptrollers Office)at 3("Prior to
January 2001,Counties,Towns and Villages and Fire Districts had no legal authority to carry
over any unappropriated or unreserved balance.")
The passage of Chapter 528 of the Laws of 2000(the"Amendment")changed the status quo ante
and authorized municipalities"to retain up to a`reasonable amount'of any remaining estimated
unappropriated unreserved fund balance for each fund,consistent with prudent budgeting
practices,necessary to ensure the orderly operation of their government and the continued
provision of services." See Exhibit C(NYS Comptroller's July 2001 Publication,"Budgeting
and Fund Balance Legislation")at 3.
Notably,the Amendment provided no fixed benchmark for municipal governments to apply. In
contrast,New York law proscribes a fixed percentage,4%,as the cap for a school district budget.
See New York State Real Property Tax Law§ 1318 ("For the two thousand eight--two thousand
nine school year,and thereafter,surplus funds as used in this subdivision shall mean any
operating funds in excess of four percent of the current school year budget,and shall not include
funds properly retained under other sections of law.").
At the time,the New York State Comptroller's Office explained the reasoning as follows:
A fixed percentage(of fund operations)or a fixed dollar amount
is not specified in the legislation because a fixed percentage
might be insufficient for small[municipalities]and excessive for
large [municipalities], while a fixed amount might be excessive
for small [municipalities] and insufficient for large
[municipalities].
1
Town Board
September 30, 2024
Attachment A (Cont'd)
See Exhibit C at 2.
The legislative history to the Amendment explains the legislature's motivations for relaxing the
requirement for municipalities to appropriate surplus in the following fiscal year:
Retaining unappropriated unreserved fund balance can enable
local governments to reduce or avoid the cost of borrowing,both
to meet cash flow needs until taxes and other revenues are
received, and to fund unanticipated contingencies. Also,
unappropriated unreserved fund balance accumulated during
times of economic growth may be used to offset revenue
shortfalls in poor economic times. Allowing this use of fund
balance can help stabilize taxes and maintain services without
budget cutbacks. Further, bond rating agencies generally
consider a positive fund balance an indication of good fiscal
health.Thus,allowing local governments to carry-over a portion
of the previous year's estimated fund balance can have the
positive effect of enhancing a local government's credit rating.
See Exhibit A at 2(internal citations omitted).
The sponsors,however,were not blind to the potential for abuse if local governments are allowed
to amass substantial unappropriated unreserved fund balance,the use of which is not anticipated
within the foreseeable future. Id.at 3(citing Korn v.Gulotta,72 NY2d 363,375,534 NYS2d
108(1988)). Indeed,they recognized a strong public policy"to prevent municipal governments
from acquiring tax proceeds faster than they are needed"or to accumulate[or retain]those funds
for contingencies which may never occur.Id.
The accumulation is(sic)unjust because it deprives the people of
the use of money taken from them by taxes for a considerable
period and it is impolitic because it may tempt public officials
having custody of the funds. The rule is intended to protect
taxpayers from the misuse of surplus funds 'to hide deficit
spending or to reap political profit'
Id(internal citations omitted). As such,they included specific disclosure requirements as part of
the annual budgeting process to"ensure that excessive unappropriated,unreserved fund balance
will not be carried-over." See Exhibit A.The requirement for disclosure to the public is real and
substantial and includes a realistic cash flow projection for the following year which illuminates:
the volatility of projected revenues and expenditures;the amount of contingency appropriations;
and any reserves established for various purposes. See Exhibit B at 2.The law also continues to
vest the New York State Comptrollers Office with authority to audit a municipal government's
determination regarding unappropriated,unreserved fund balance.See Exhibit A(citing General
Municipal Law§§33,34).
The determination of what constitutes a reasonable fund balance for a particular municipal fund is
fact specific. As set forth above,the law offers no specific amount or percentage for
municipalities to apply. See Exhibit B. In its guidance,the NYS Comptroller's Office opined
that a characteristic of a reasonable fund balance level is one that is"stable"over the long term.
See Exhibit C at 2. Furthermore,a fund balance that is"excessively low"or"excessively high,"
2
Town Board
September 30, 2024
Attachment A (Cont'd)
should be avoided as it is"normally caused by poor budgeting practices." See Exhibit B at 2.
Whereas an excessively low fund balance level can reflect a politically-motivated choice to
reduce taxes,an excessively high fund balance is symptomatic of"unduly high property taxes."
Id. More problematic,however,is the warning that an"excessively high fund balance"provides
a"greater opportunity for fraud if controls are weak." Id.
By expressly targeting"excessive"fund balances for criticism,the NYS Comptrollers Office has
acknowledged the existence of a safe harbor range(i.e.low to high)within the statutory
definition of"reasonableness."It has also recommended that municipalities adopt a fund balance
policy that is specific to its unique circumstances. See Exhibit C at 3.The adopted fund balance
policy should drive the amount of fund balance used in a particular budget.Id.("This[fund
balance]policy can be used from year-to-year in preparing the budget to ensure that the
unappropriated unreserved fund balance is consistently maintained at an adequate level.')
(emphasis supplied).
Separately,the Amendment changed the rules governing the use of moneys in contingency and tax
stabilization reserve funds established pursuant to General Municipal Law,§6-e.See Exhibit D
(redlined Chapter 528 of the Laws of 200)at§9(d). Under the law as existed prior to 2001,moneys
in such a reserve fund could be used only to mitigate increases in the real property tax levy in excess
of five percent.Id. (emphasis supplied)The Amendment reduced to two and one-half percent the
threshold for use of such moneys to mitigate tax increases,and thereby allowed municipal
corporations and fire districts greater opportunity to utilize moneys in the fund to reduce taxes in more
instances. Id. (emphasis supplied)This legislative change sends a clear signal to municipal leaders to
consider alternatives for tax relief where a municipal budget puts fort a greater than 2%z per cent per
annum increase. See Exhibit A at 5.
To lower an excessively high fund balance,the NYS Comptrollers Office recommends four
possible actions be considered,namely appropriating fund balance for: 1)one shot expenditures,
2)reduction of debt principal,3)financing reserve funds and 4)reduction of property taxes. See
Exhibit B at 7. To"replenish"an excessively low fund balance,municipalities should increase
taxes and the use of the contingency account"when possible....in.next fiscal year." Id.at 9
(emphasis supplied)
The import of these changes and recommendations is that municipal leaders should balance the
competing interests of maintaining a pattern of stable tax increases against its cash flow needs,
and promote stability in both when considering the amount of surplus or fund balance to
appropriate.A municipal budget should not deviate materially from the boundaries(both low and
high)of the municipality's adopted fund balance policy. If it does deviate materially from the
adopted fund balance policy,municipal leaders are expected to implement corrective actions,in
the next year when possible,to bring the unappropriated unreserved fund balance within the
adopted range.
Nfs
Michael Gottfried
December 13,2021
Attachments:Exhibit A to D referenced herein
3
Town Board
September 30, 2024
Attachment A (Cont'd)
Developing an Effective
Fund Balance Policy
Dan Acquilano,Associate Examiner
Division of Local Government and School Accountability
jr .yy
k_ .-i
THOMAS P. DiNAPOL
Learning Objectives
• What Is Fund Balance?
• History of Fund Balance Legislation
• What Are the Components of Fund Balance?
• Benefits of a Fund Balance Policy
• What Is a"Reasonable Amount"of Fund
Balance?
• Keeping Fund Balance at Desired Levels
a
THOMAS P.DIKAPD1.1
Fund Balance—What Is it?
• Fund Balance is the total accumulation of
operating surpluses and deficits since the
beginning of a local government's existence.
slam ___--.
$tao,BBB '
sa'w 1 ■Revenues
$00400II
ll■■ ■Expenditures
$40,0E0 II 7 I EFund Balance
$20,004 I ■I I
2037 2010 2013 x0i$
1
Town Board
September 30, 2024
Attachment A (Cont'd)
Office of the NEW YORK
C'''..%ci) STATE COMPTROLLER
4
v. NYS Comptroller Thomas P. DiNapoli
July 2001 : Budgeting and Fund Balance Legislation
Issued To: County, City, Town, Village, and Fire District Chief Executive
and Fiscal Officers
Purpose of Bulletin
The purpose of this bulletin is to alert you to legislative changes
requested by the State Comptroller that apply to budgets for fiscal
years commencing on or after January 1 , 2001 and to provide
information that will help determine a reasonable level of fund balance
for your government. Chapter 528 of the Laws of 2000 gives local
governments more flexibility in managing their fiscal affairs as noted
below:
1. Counties, towns, villages and fire districts can carry over a "reasonable amount" of
unappropriated unreserved fund balance from one year to the next. Previously, the
County law, Village law and Town law had been construed to prohibit municipalities
governed by those laws to plan to carry over unappropriated unreserved fund balance.
2. Counties, towns and villages can fund supplemental appropriations from
unappropriated unreserved fund balance or unanticipated revenues, if the total of all
revenues recognized or reasonably expected to be recognized, together with
unappropriated unreserved fund balance, exceeds the total of all revenues estimated in
the budget and appropriated fund balance. Previously, the computation was based on
"cash surplus" and units could not fund supplemental appropriations until the total
budgeted revenues were actually received.
3. Counties, cities, towns, villages and fire districts can expend monies from a
contingency and tax stabilization reserve to reduce projected real property tax
increases in excess of 21/2%(previously 5%), subject to certain limitations.
Determining a Reasonable Fund Balance
Town Board
September 30, 2024
Attachment A (Cont'd)
A fixed percentage (of fund operations) or a fixed dollar amount is not
specified in the legislation because a fixed percentage might be
insufficient for small units and excessive for large units, while a fixed
amount might be excessive for small units and insufficient for large
units. A "reasonable amount" of unappropriated unreserved fund
balance, may be retained for each fund, consistent with prudent
budgeting practices, necessary to ensure the orderly operation of the
government and the continued provision of services. Each unit needs to
assess what's "reasonable" for their particular situation considering
various factors including:
• Timing of receipts and disbursements - A cash flow projection for the following year
should already be prepared, as a good management practice and as part of the budget
process, to plan for receipts, disbursements, investments and borrowings. If
disbursements are expected before receipts, then a larger unappropriated unreserved
fund balance may be justifiable. If the unit receives reimbursements such as state and
federal grants, disbursements may occur before receipts, resulting in the need for
borrowings or a sufficient cash balance to avoid the need for borrowing.
• Volatility of revenues and expenditures -The uncertainty of some revenue estimates
(like sales tax) and some expenditure estimates (like social services costs, pending
labor contracts, etc.) may justify an increased need for unappropriated unreserved fund
balance.
• Contingency appropriations - Contingency appropriations in the ensuing year's budget
may offset the amount needed in unreserved unappropriated fund balance.
• Reserves that have been established for various purposes - Units that have created
reserves (like capital reserves) through effective long-range planning may need less
unreserved unappropriated fund balance.
il The factors discussed above have an impact on the amount that is
reasonable. A reasonable, stable fund balance is one element of
effective long-range planning and can have several benefits including
improving bond ratings, reducing reliance on short-term borrowings
thereby reducing interest costs, stabilizing tax rates, and protecting
programs from cutbacks.
Town Board
September 30, 2024
Attachment A (Cont'd)
Each local government should adopt a policy that indicates how these
factors will be applied in determining the unappropriated unreserved
fund balance. This policy can be used from year-to-year in preparing
the budget to ensure that the unappropriated unreserved fund balance
is consistently maintained at an adequate level.
Specific Statutes Changed by Chapter 528 of the Laws of
2000
The finance articles of the County Law (article 7), the Town Law (article
8) and the Village Law (article 5) are amended to permit municipalities
governed by these provisions to retain up to a "reasonable amount" of
any remaining estimated unappropriated unreserved fund balance for
each fund, consistent with prudent budgeting practices, necessary to
ensure the orderly operation of their government and the continued
provision of services. In making this determination, the municipality
must take into account factors including, but not limited to, the size of
the fund, cash flows, the certainty with which the amounts of revenues
and expenditures can be estimated and the municipality's experience in
prior fiscal years. Municipalities governed by these provisions must
include in their budgets a statement of the estimated fund balance for
•
each fund, together with a breakdown of the amount of the fund
balance estimated for encumbrances, amounts appropriated for the
ensuing fiscal year's budget, amounts reserved for stated purposes
pursuant to law and the remaining estimated "unappropriated
unreserved fund balance" for each fund. An "unappropriated
unreserved fund balance" is defined as the difference between the total
assets for a fund and the total liabilities, deferred revenues,
encumbered appropriations, amounts appropriated for the ensuing
fiscal year's budget, and amounts reserved for stated purposes
pursuant to law, as determined through application of the system of
accounts prescribed by the State Comptroller.
Town Board
September 30, 2024
Attachment A (Cont'd)
Town Law §181 concerning the annual estimate of revenues and
expenditures of a fire district is amended. For those fire districts that
employ the cash basis of accounting, the term "fund balance" means
the cash surplus estimated to be on hand at the close of the current
fiscal year less claims payable therefrom and amounts reserved
pursuant to law for stated purposes.
The supplemental appropriation provisions of the finance articles of the
Town, County and Village Laws are amended to: delete the word
"received"; generally substitute the term "unreserved fund balance" for
"cash surplus"; and make reference to revenues "recognized or
reasonably expected to be recognized". These changes make those
provisions consistent with the modified accrual accounting system
prescribed for most local governments. Also makes conforming
changes to County Law §307 and General Municipal Law §§6-e and 98.
General Municipal Law §6-e is amended to authorize municipal
corporations and fire districts to expend moneys from a contingency
and tax stabilization reserve to reduce projected real property tax
increases in excess of 21/2% (previously 5%), subject to certain
limitations.
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Town Board
September 30, 2024
Attachment A (Cont'd)
LAWS OF NEW YORK, 2000
CHAPTER 528
AN ACT to amend the county law, the general municipal law, the town law
and the village law, in relation to the expenditures from contingency
and tax stabilization reserve funds and in relation to the definition
of unappropriated unreserved fund balance, budget statements of esti-
mated fund balances, and permitting a portion of the moneys in such
balances to be unappropriated
Became a law October 4, 2000, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. Section 307 of the county law, as amended by chapter 757 of
the laws of 1989, is amended to read as follows:
§ 307. System revenues; adjustment of surcharge. All surcharge monies
remitted to the municipality by a service supplier and all other monies
dedicated to the payment of system costs from whatever source derived or
received by the municipality shall be expended only upon authorization
of the board and only for payment of system costs as permitted by this
article. The municipality shall separately account for and keep adequate
books and records of the amount and source of all such revenues and of
the amount and object or purpose of all expenditures thereof. If at the
end of any fiscal year the total amount of all such revenues exceeds the
amount necessary [and—expended] for payment of system costs in such
fiscal year, such [ -a- su`plus] excess shall be reserved
and carried over for the payment of system costs in the following fiscal
year. However, if at the end of any fiscal year such [
surplus] E911 reserved fund balance exceeds an amount equal to five
percent of that necessary for the payment of system costs in such fiscal
year, the board shall by local law reduce the surcharge for the follow-
ing fiscal year to a level which more adequately reflects the system
cost requirements of its E911 system. The board may also by local law
reestablish or increase such surcharge, subject to the provisions of
section three hundred three of this article, if the revenues generated
by such surcharge and by any other source are not adequate to pay for
system costs.
§ 2. Section 351 of the county law is amended by adding a new subdivi-
sion 8 to read as follows:
8. "Unappropriated unreserved fund balance" shall mean the difference
between the total assets for a fund and the total liabilities, deferred
revenues, encumbered appropriations, amounts appropriated for the ensu-
ing fiscal year's budget, and amounts reserved for stated purposes
pursuant to law, including reserve funds established pursuant to the
general municipal law for the fund, as determined through application of
the system of accounts prescribed by the state comptroller pursuant to
section thirty-six of the general municipal law.
EXPLANATION--Matter in italics is new; matter in brackets [-] is old law
to be omitted.
Town Board
September 30, 2024
Attachment B
Town of Mamaroneck
From: Tracy Yogman-Town Comptroller 7t{ •
Re: Fire Claims
Date: SEPTEMBER 30, 2024
The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the
Comptroller's Office for payment:
VENDOR DESCRIPTION Amount
AAA Emergency Supply Co.,Inc Two firefighting helmets $ 985.60
Knox key secures,office supplies,Knox box,plotter paper,
Amazon.Com headlights,batteries,minitor carriage case,2pk picture frame $ 628.18
Chatsworth Cleaners Uniform cleaning-Aug 2024 $ 14.00
Cloud Flare Inc. Cloudflare Pro Plan Sept 2024-Sept 2025 $ 240.00
Grainger Trimmer line $ 49.12
/ 8/20-9/3/24 Uniform-Napolitano hat,Aubry shorts,Bigham shirt&
( Galls shorts,Inella suppiies,Brady clothes,t-shirts $ 610.63
Galls Unifors for New Hire-Murnane $ 618.76
Home Depot Supplies $ 171.97
Iron Compass OnScene Explorer Software subscription 9/2024-8/2025 $ 1,950.00
KRB Supply Inc PVC fittings,cement,wire,epoxy paint,sand mix, $ 137.47
SG Fire Protection Kitchen hood cleaning $ 475.00
The Flower Bar Wreath for 9/11 Ceremony $ 190.00
Town of Mam'k Fire Dept Food for Truck OPS Drill 9/17/24 $ 215.69
Total $ 6,286.42
Page 116 of 216
Town Board
September 30, 2024
Attachment C
r_ SURPW$AUCT ON-2024
Fleet#88(Pool) 2009 FORD FOCUS AC-3877
VIN#1FAHP34N09W239974 13,694 miles
Fleet#89(Pool) 2009 FORD FOCUS AC-3876
VIN#1 FAHP34W99W239973 15,908 miles
Fleet#171(Highway) 2005 CATERPILLAR 930G AC-3915
VIN#CAT0930GKTWR01228 4800 hours
Fleet#26(Recreation) 2005 FORD ESCAPE HYBRID AX-4340
VIN#1 FMYU96HX5KE01054 69395 miles
Fleet#47(Police) 2017 FORD UTILITY CAR 7
VIN#1FM5K8AR6HGD92704 54881 miles
Fleet#2(Police) 2014 FORD EXPLORER HFJ-6281
VIN#1FM5K8AR2EGC49860 65412 miles
Fleet#1 (Police) 2013 FORD EXPLORER JGK-1057
VIN#1FM5K8B88DG21028 94751 miles
Fleet#45(Police) 2017 FORD UTILITY CAR 18 HFJ-6263
VIN#1 FM5K8AR9HGA24162 72101 miles
Fleet#43(Police) 2015 FORD INTERCEPTOR CAR 19
VIN#1 FAHP2MK8FG 159831 54397 miles
Fleet#48(Police) 2017 FORD UTILITY CAR 20
VIN#1 FM5K8AR8HGD92705 57964 miles
Fleet#46(Police) 2017 FORD UTILITY CAR 21
VIN#1FM5K8ARGHGA17413 67992 miles
Fleet#41 (Police) 2014 FORD INTERCEPTOR CAR 23
VIN#1FAHP2MK5EG186354 53731 miles
Fleet#40(Police) 2014 FORD INTERCEPTOR CAR 3
(
Page 147 of 216
Town Board
September 30, 2024
Attachment C (Cont'd)
VIN#1FAHP2MK5EG122329 68286 miles
Fleet#39(Police) 2014 FORD INTERCEPTOR CAR 18
VIN#1 FAHP2MK9EG126030 25265 miles
Fleet#210(Highway)2003 MOBACK CHIPPER MODEL 13 TORNADO
VIN#4585216173W023808 2590 hours
Fleet#94(Recreation)2011 FORD F250 PICKUP AC-3878
VIN#1 FTBF2B658EA86271 18032 mites
Fleet#238(Highway)2010 INTERNATIONAL 7400 AC-3861
VIN#1HTWDA2R9A1283891 32145 mites
Fleet#109 2007 MACK CTP713 AC-3893
VIN#1M2AT04C07M0668 67748 miles
Fleet#122(Sanitation)2013 HINO 338 AC-3881
VIN#5PVNV8JM1 D4S50479 67887 miles
Fleet#236(Highway)2008 FORD F250 PICKUP AC-3859
VIN#1FTSF21 R88EE40420 56775 miles
Fleet#241 (Highway)2012 KENWORTH T370 HYBRID BE-1688
VIN#2NKHHM8A8CM297881 26637 mites
Fleet#507(Sanitation)2007 FORD F250 PICKUP(TIPPER) AW-1950
VIN#1 FTSF21 RX8EC59447 48245 miles
Page 148 of 216