New Rochelle Resident Steve Mayo has filed a court action called an Article 78. Article 78 is a mechanism of New York Civil Law that allows a regular citizen like Steve to stop a government agency or officer from acting outside their jurisdiction. That is precisely what the Mayor and Council are attempting to do by flouting the law that prevents them from using illegal revenue sources like the Garbage Fee/Tax.
Upon filing the Article 78 action, Mr. Mayo said, “I’m just one taxpayer and taking on city government is kind of a David Vs. Goliath proposition but I believe that when taxpayers see how outrageous this fake ‘fee-tax’ is, this issue will gain attention and support. Then we can work together as an informed and mobilized citizen group to stop this ‘slight of hand’ type of accounting in our city budget.
Mr Mayo added, “The presumptuousness, the disingenuousness of the majority in masking their machinations is positively insulting, never mind being a textbook example of ‘opacity in government.'”
RELATED DOCUMENTS:
Refuse Fee – Article 78 Filing.pdf
Refuse Fee – Article 78 Filing-1.pdf
Refuse Fee – Article 78 Filing-2.pdf
Our present government
This is the worst City manager and mayor in more than 30 years. They are taxing the middle class out of New Rochelle. Soon our homes will be worth nothing!!!! Our taxes will be worse than Mt. Vernon’s because our corruption is worse than theirs. Chucky Boy Strome made more than $181,000.00 last year!
Enough already. City Council, when are you going to fire him???
Our present government
This is the worst City manager and mayor in more than 30 years. They are taxing the middle class out of New Rochelle. Soon our homes will be worth nothing!!!! Our taxes will be worse than Mt. Vernon’s because our corruption is worse than theirs. Chucky Boy Strome made more than $181,000.00 last year!
Enough already. City Council, when are you going to fire him???
Hmmm
So this entire issue, since it is not a “tax” represents a failure by city management to come up with a viable budget that maintains services while being responsible to the tax payer. Additionally, our mayor and council failed us by approving such exorbitant increase in a fee that was initiated to circumvent an imposed tax cap years ago.
It is high time to evaluate a streamlined pick up schedule that would eliminate one pick up day per week. Perhaps permanently or on alternate weeks. Or, implement a feasibility study with privatization of services. Or perhaps making our sanitation workers work a full day
You get the government you vote for!
Why all the surprise and outrage about garbage tax hike? — we just had an election and the mayor got about 80% of vote. I did not vote for him. And I realize that the GOP should hang its head in shame for running St. Paul. I did not vote for him either (I was forced to do a write-in). It is actually quite sad that I could not vote for the two main candidates for mayor in my city because they were so flawed.
Back to my point. Bramson and his Democrat machine won 5 of 7 seats. Remarkably, the voters chose to elect a city council for the next 4 years made up people from the same group that has been destroying our city since 1990s.
You don’t like the increased garbage tax? – just wait till what comes next – you will be disappointed for the next 4 years. The sad reality is there are 3 times as many Dems as Reps in NR, and these new Dems moving into NR have shown no ability to vote independently – they just vote the party line. So, get used to many more years of fiscally irresponsible government in the Queen City. Yes, I have one group to blame – the New Rochelle voters. They keep electing bad representatives, and as they write a check for the extra money for the garbage tax, they only have themselves to blame.
Why the Republican Party Cannot Win Control of New Rochelle
A Poster who styles himself as ‘AbeLincoln’, doesn’t understand why New Rochelle voters refuse to vote for a Republican Candidate for City Council.
He believes that the New Rochelle voters automatically vote Democrat no matter what policies are advocated.
Actually, it is the reverse. New Rochelle voters refuse to vote Republican no matter what policies are advocated.
What New Rochelle voters dislike about the New Rochelle Republican Party is its association with the National Republican Party.
There can be no doubt that the National Republican Party has policies that are moronic, bigoted, unsophisticated and often embarassing to intelligent people. The National Republican Party is overly-occupied with sex, gender, reproduction, religion, and with paranoid fears of ‘European style socialism’ in one of the most conservative countries in Western society. Just as bad, the National Republican Party is in bed with big Business while despising workers.
All of that is intollerable to the average New Rochelle voter, becase New Rochelle is an educated and enlightened community. And so the New Rochelle Republican Party is seens as an extension of the National Republican Party.
The day that the New Rochelle Republican Party completely disassociates itself from the National Republican Party, is when the voters of New Rochelle will consider giving the Republicans a chance to run the City Council.
Basically, this would mean changing the name of the New Rochelle Republican Party to something else. Even if that is not done, the New Rochelle Republican candidates must explicitly denounce the policies of the National Republican Party regarding sex, gender, reproduction, religion and fears of ‘European style socialism’.
Of course, the leadership and candidates of the NR Republican Party are largely in agreement with the obnoxious policies of the National Republican Party. As such they will refuse to disassociate themselves from the stink of the Republicans in Washington and in the southern, mid-western and western states. And the result of that is that the New Rochelle Democratic Party will continue to hold the majority on the City Council.
To that I must add, the three greatest Republican Presidents, Abe Lincoln, Teddy Roosevelt, and Dwight Eisenhower, would if alive today, all be Democrats.
because they stack
Because the democrats stack the district’s bottom line so save your barking for Patch
It must be nice to have no idea what you are posting about
There is so much wrong in Sussman’s post that it is hard to know where to begin. It is like he just makes things up and will say anything to justify his kooky Democrat, knee-jerk viewpoints. He would have been great in the Soviet Politboro being such an unthoughtful party guy.
First, what evidence does he have that the New Rochelle GOP has been articulating National GOP positions? Of course, he has none because it is not true. The local Reps always seem to be discussing local issues in every campaign I follow. It is only Sussman discussing National GOP.
There are 4 elected Republicans representing New Rochelle and none are as right-wing as National GOP. Regardless whether I agree with them or not, Jim Maisano, Sheila Marcotte, Al Tarantino and Lou Trangucci are mainstream people that are certainly moderate in the American political spectrum. Maisano has been in office for about 15 years and has always worked in a bipartisan way – just ask his Dem colleagues. Marcotte has worked with Dems and voted with them in past two county budgets and even voted to override Astorino when she disagreed with him. Al Tarantino just voted with Dems on Council for the budget and has a strong bipartisan record and Lou Trangucci has also worked in a bipartisan way on other issues.
Your theory is a wrong because these Reps have all won in very Democratic districts. If anything you say was correct, that could not happen. If the voter registration in New Rochelle was even close, as it was back in the 1980s, the NR GOP would blow out the Dems. Over the last decade, Judge Scher, Maisano, Marcotte, Boyle, Tarantino, Trangucci and St Paul have won elections despite running in gerrymandered districts with large Dem majorities against them. That is a fact, which means many Dems voted for them, which also destroys your theory.
Go look at voting patterns in New Rochelle, and you will find many election districts that historically only vote for Dems in any race and fail to ever vote independently. Yes, they are as closed-minded and partisan as you. They would not even vote for Abe Lincoln.
You and the NR Dems act like someone that started out at third base and think you hit a triple. The NR Dems only win because of the 3 to 1 voter registration edge. It certainly cannot be the issues, since their corporate welfare/tax abatement philosophy has brought the city to a period of annual structural deficits – causing a possibly illegal increase in the garbage tax. No thoughtful person could agree with that – Dem or Rep – which means the knee-jerk Dem voters just vote the party line. (Although, I can’t blame anyone for voting for Bramson over St Paul – that was a ridiculous election).
By the way, I followed the elections closely last year and I do not remember a single GOP candidate in NR discussing national issues – not even once. They all discussed local issues all the time.
I may be a Rep, but I vote independently. In past few years, I looked at both candidates and voted for several Dems when they were better candidate (Cuomo, Lowey, Paulin, Dem judges). Too bad more people can’t vote independently. And I find tremendous flaws in both national DEM & REP parties.
Basic budgeting 101
This goes to a very basic budgetary issue. When revenue doesn’t cover expenses how does the city compensate? It can; a) raise taxes or b) cut personnel/services. Former City Manager, Peter Kprn, came up with the refuse fee/garbage tax to circumvent the Tocci tax-cap after removing charter mandated library funding from New Rochelle’s budget. Call it what you will it is an increase in revenue by way of your property tax bill PERIOD, left or right pocket doesn’t make a difference. There are cost cutting measures that the administration refuses to consider. Already mentioned is a Public Safety Commissioner, the Harbor Patrol was previously manned by retired NRPD which would reduce costs and NR patrols neighboring communities who should help foot the bill.
As you may have read, there is a citizens budget advisory committee being formed and I believe the first order of business is to identify positions that are not part of government’s basic responsibilities; keep its citizens safe (police), put out the fires (fire) and take out the trash (DPW). We have a communications director, sustainability coordinator, two secretaries in the city manager’s office and an executive assistant (glorified secretary) to the mayor. These at the very least can be consolidated and at worst must be terminated before considering first responders.
Another thought the administration refuse contemplate is productivity. The GET IT & GO refuse policy must end. Once city workers finish their garbage route they are done for the day regardless of hours worked. If they finish their route by 10 AM they are finished for the day and receive a full days pay. We have heard over & over again about LODI (Line Of Duty Injuries) increasing because manpower is insufficient. What about LODI occurring because personnel are rushing to finish as quickly and early as possible?
We have also heard the city manager state government can’t be run like a business because business makes a profit. Well, not so long ago, NR had a $13 MILLION SURPLUS, isn’t that the government equivalent of a profit? The basic budgetary issue, whether it is business or government, that government doesn’t get, is: YOU CAN’T SPEND MORE THAN YOU TAKE IN!
We are not alone
Also, if you look around the country many municipalities have a garbage fee. In fact many municipalities are trying to get there garbage fees changed to a garbage tax.
What is a tax and what is a fee?
Prior courts have found that a tax is a collection to pay for the cost of government whereas a fee is used to pay for a specific service. If New Rochelle’s garbage fee goes to the general fund and is in excess of what the actual expenses are, then there is little doubt that the excess will be considered a tax. However, if the fee is not in excess of costs then it is a fee and not a tax. I guess we will find out soon enough.
fee vs tax
Hi Tom. you raise an interesting point and it seems to speak to what can be considered cost of service. For example, it is easy enough to figure out the direct costs (e.g. salaries and benefits). The issue may be to ascertain other operating expenses. Equipment and maintence seem clear; my concern is that there are opportunities to reallocate other operating expenses from expense lines not directly attributable to the budget in review (DPW). Given Strome’s point of this being the first time the DPW or whatever they refer to it as in City Hall, is balanced properly, it requires a close examination of both expense code content and intercity movement. I trust the plaintiff and his attorney will bear this in mind and add a forensic auditor to their team.
If it turns out to be construed as a fee, then any resident looking closely at this issue should wonder why the situation was left in such a shape that it required this considerable increase. That suggests real issues with how budgets are managed at 515.
We pretty much know that for too long the City has used gimmicks like fees, largesse of Nia and others to deliver member items and the like, and grants. Of course this is both a question of politics and perhaps incompetency.
But, if you look at Pulse today you will notice the issue further divides the City into two camps and they are demographically separated. That is really unacceptable to any tax payer seeking to build bridges across New Rochelle Road (count me in), dreadful public relations to prospective investors and residents and more. Plus, solid people on both sides are maligned and down these parts, marginalized. A good example is the heat taken by Theresa Crump Leghorn and the latter, by the midtown and downtown poster.
This is unnecessary, divisive and not acceptable to me as someone who loves New Rochelle. What this City is doing, whether this is a fee or tax, is divide. You can see how fees are applied in utilities, banks, and other service companies. They obfuscate and mask the real issues
Tom thanks. Even if Stephen Mayo is unsuccessful and it will be a long climb given the party affiliation involved vis Albany, we owe him our gratitude for his courage and frankly, his wisdom. He could succeed. If he doesn’t, he has jammed a foot inside the closed door and things will never be the same.
Thanks Warren, always a pleasure
Warren, I try to be realistic even in the face of divisive rhetoric. New Rochelle is no different than any other entity that doesn’t watch the pennies during good times. The fact is that now we are paying the price. I believe that Mr. Strome is doing as good a job as he can given the boat we’re in. Whatever people want to call the tax or fee, the bottom line is the revenue is needed.
What I do think needs to be done is for all sides to come together and discuss ideas. Not after decisions are made but before. We have many competent, influential and well connected people that live in New Rochelle that aren’t involved in politics but given the opportunity to contribute, they would. I’m tired of the monday morning QB’s. They offer no ideas only critiques. I firmly believe if a candidate for council had good ideas and promoted them and hit the pavement early and often rather than waiting until a couple of months before an election, they could win, regardless of party. But they don’t.
well said Tom
I completely share your view. Problem is getting City to grant free and open access to participatory opportunities. It simply doesn’t happen. There are fine, intelligent, decent voices down these parts as there are throughout the City. They aer blocked and denied participation. Systemic reasons abount, but they are fixed if the power structure reaches out.
Yes, there will always be negativity for negativity sake, but I think Tom, that many of the people who appear to be that way have no voice.
As far as STrome is concerned, I have stated previously that he has the hardest job in New Rochelle. It is understandable that he looses his cool, but some recent statements suggest he needs a vacation and a guiding hand by the Council. That is the case; Strome has a certain arrogance, but it gets worse when things get worse. Yet, perhaps that is caued by an inability to convince his superiors of the right way to go on issues. I would like to believe that.
If Noam would embrace the critics and skeptics and empower the brightest and most civic minded, there would be a turnaround. I believe this implicitly. Maybe the model to follow is Lincolnesque; during the Civil War he did work with powerful opposing forces and we owe him and those men much. Noam has the intelligence, dark hair, cowlick — okay he is a little less in stature, but he could put this all togegher if he chose to and that would truly be his mark, his defining moment. I haven’t given up on him but the community is greater than any of its parts.
Your posts continue to be excellent and you are the type of open-minded citizen that contributes and I trust, hope and pray that others come forward. Best to you always and thank you
Republican party , it ain’t no brain trust!
Warren, my experience with the republican party in New Rochelle leaves me with this. They are no different than the powers in place now. They are a small group in power of the party and are not receptive to ideas that do not come from within. They have no plan, they haven’t won an election (that wasn’t in a predominantly republican district)since I can remember, yet they don’t see this as a reflection on their competence to lead. They haven’t put forth a viable candidate. The last mayoral run was a joke. And they will continue the same policy. Do I think they are capable of leading New Rochelle? NO. If they were serious, they’d look for candidates NOW, they’d develop a cohesive plan for the city not just concentrate on wining districts. They’d get the message out now. But they won’t. They’ll wait until a few months before the next election then wonder why they lost trangucci’s seat.
Hope you become a candidate
I respect your opinion but let’s look at the numbers and take the politics out of it for a minute. The democratic registration advantage in New Rochelle is quickly approaching 3 democrats for every republican. Then there is the issue of money. Mayor Bramson raised twice as much as all of the republicans combined in the 2011 election cycle. If you were a prospective opposition candidate, did your due diligence and were presented with these realities, would you run?
It’s nice to blog here and theorize but let’s not criticize without walking a mile outside our own experiences. I don’t know if you are a registered voter but by all means please attend the next republican meeting which, unlike democratic meetings are open to the public, and express your ideas. I hope you will present as a candidate now so they can “groom” you as you suggest. I will gladly support you as transparency is missing from every level of government and every political party. If not maybe we can convince Warren to consider running.
An Addict Must Admit There Is A Problem First!
It doesn’t matter, Democrat or Republican. You/We/They can’t fix it until someone accepts and admits there is a problem. The thing is that even my 6th grader realizes what is going on is wrong. Who cares now if it’s a Tax or Fee? What’s done is done for now. It’s up to everyone that has a point to speak up and become part of the solution. Stop all of the back and forth as has been said. Use open dialogue and communicate. I don’t understand how this can be accepted by anyone, The Mayor, Council, City Manager, and Staff and Yes the Citizens of New Rochelle. When is the light going to go on! Where is the sense of pride and accomplishment that once is was? It is OK to ask for help and ideas.
It kills me to have to go outside New Rochelle to shop or do business. Mount Vernon, Pelham, Pelham Manor, Yonkers and Port Chester all have retail development. Why do they get it (The Concept) and not us? Look at the News12 piece from 01/19/12 about Peekskill. Crime is on the decline in Peekskill, The overall crime rate in the city dropped by 12 percent for last year. Peekskill Police Chief Eugene Tumolo says the statistics reflect a well-trained team of officers in the right place at the right time. Parallel to the drop in crime, Peekskill has seen a partial revitalization that has had a direct impact on the economic viability of a community, exemplified by the proliferation of new restaurants on North Division Street.
A Peekskill flower shop owner for 25 years says an increased police presence is felt every day, and it is critical for business owners like her. “If you can’t feel safe and your customers can’t feel safe coming into downtown Peekskill, then we’re not going to have customers,” she says.
We can’t change our leaders right now. But we can change staff, personnel or even just the mind set of those that already work for the city. Something needs to change around here. But those in the position to do so need to step up and be the first one to say let’s make a change. I get it now! It can start with something as simple as attitude.
“Common Sense for the Common Good”
Tom’s right about the
Tom’s right about the Republican Party & maybe the solution lies in forming a new party. Many that run on the Republican line in NR are disgruntled Democrats anyway.
comments to date.
Excellent and respectful comments all around. It is hard for me to think that any politics we experience daily will actually serve the purpose. Power does corrupt and absolute power corrupts absolutely. I agree with Fifth Avenue Guy’s general view that something new, perhaps a new party, is only way to go. But even peeking at what is happening nationally in terms of both parties leaves me cold.
What do most of us agree upon? It seems clear from this series of postings that we are a divided city, considerable differences in outlook exist geographically, and that things that really matter, such as our City Code, are abandoned or twisted so badly out of shape that the intent becomes almost unrecognizable.
Yet, people like Fith, Tom, John, Knitter, Bob and many more are making a difference. They are talking, not always in absolute agreement, but that is great because it is open discussion. Each one of the above, and others, would be worthy additions to any planning council to help set the City on the correct course. At some point I would dearly love to share my views on why the process and content used in the upcoming Citizens Planning advisory group or whatever is called, is flawed and as usual, over controlled.
John raises a very interesting point about the ability to opt out of the fee. John, my understanding from some people I am in contact with is, unlike Harrison for one, New Rochelle indicated to people who wanted to explore private carting services, that they would have to pay the “fee” in any event. Anything specific you can offer would be of great service to people.
You are probably all in touch with Pulse. Nothing has resonated as much debate as the Fee/Tax issue. By and large it has been a mature clash of opinion and no need for me to rehash it here.
But here is the interesting point. Several supporters of the fee are taking the wrong tact; one that is consistent with more affluent, ideologues or party members. They have made it a simplistic binary argument. That is fancy language for “either/or” and it rests on the point that a fee is less onerous to these folks than a tax.
Of course they miss a lot of points in between. It is an issue around more important matters. For example, simple expense management meaning, “its the budget stupid.” Cut expenses if you must, but look at the non-service areas like layers of supervision, excessive consultants like DeBart, etc. You can fill in the gaps.
In addition. they fail to see the implications on the less financially fortunate that separates a tax from a fee in terms of income tax rights.
But most important, they fail to see the hand of the party politics, the invisible hand, not of the market but of the “in crowd.” They fail to link; simply link this sort of debate to what those potential commercial investors or new residents might think.
So much more. My advice to the Pulse posters is to lay off the library for know and concentrate on current state meaning the issue at hand which Mayo is taking on. My advice, which will be ignored by the City fathers, is to lay off of future state, Echo Bay whether good, bad or indifferent, is tomorrow and we are deluged with issues today and not the least is this issue as well as related issues around building a proper and fair property tax base.
Once again, if you are in City Administration and blow smoke on “resumes” look at what the people in TOTS contribute on a routine basis. The 18 selectees will have to dig very deep to equal this work.
Warren and Tom
People do come together, discuss the issues and offer solutions, but if you are not in the inner circle, the powers that be refuse to listen. I believe Noam does not want to count on other people to solve our city’s problems. He cannot believe that a person without a Harvard degree would have good ideas and know how to implement them. If only in a small way, we have to start somewhere. I believe he only wants large projects and will not listen to anything else. He should be educating the people who come before him at citizens to be heard who do not know about the process. Citizens should be able to complete their thoughts even if they go over the 3 minutes allowed. After all, to solve this cities problems we will have to spend many hours discussing all the options.
As far as Strome is concerned, he has too much power and is way over his head. His arrogance reappeared when he knew his job was safe. It is time for him to go.
I hope Noam sees the light and becomes an independent leader and not a puppet for his party. Klugman is a very powerful person and will do anything to get a Dem elected. This is politics but it must be set aside and put this city first. I do believe we still have a chance, but time is running out.
If you want to increase
If you want to increase revenue great, but please cut the expenses 1st.
Do we need all the commissioners? Why not have 1 public safety commissioner that commands both the police & fire departments? Obviously this would only work if 1 of the 2 commissioners is laid off. Also why not find a dry storage place for the city’s supply of rock salt so it doesn’t wash away in the rain? Here’s another idea, why not pay the county taxes when they’re due in April rather than borrow money for 2-3 months until the city collects it June? Do we really need a harbor patrol to cruise our 9 miles or so of coastline? Maybe the city should privatize its garbage collection? Not only do we save on pensions but also maybe we could save money (if any REALLY needs to be spent) on redoing the city yard. How about getting rid of free health care for life for former city councilmember’s? How about a salary review of city employees? Let’s find 10 to 15 that make over $100k and get rid of them & hire someone for less or just do away with the positions?
There are lots of ways that I feel the city is wasting money that don’t affect services at all so let’s not just go to raising revenue or taxes all the time.
A fee
A fee is not deductible like a tax would be
This fee is not a fee, but a surcharge (An additional sum added to the usual amount or cost), why? the city already uses your tax dollar for service of garbage collection. Any extra would be an increase of the tax or have to be a surcharge. Either way the word fee is wrong.
Tom is absolutely right.
Tom is absolutely right. The fee is legal IF it goes strictly for the service of garbage collection. However, there also must be an “opt out” clause for those who rather not have this service.
Tom is also correct–many municipalities across the country have established “fees” for service, with the opt out clause. Case in point, a Tennesse town was paying a fee for fire service. A home owner chose not to pay the fee as he didn’t want the service. His house caught fire, and the FD did not respond.
they will come
They will come if some one is on fire or trapped, but if you call and say that your house is on fire and every one is safe then they don’t come!
http://www.wpsdlocal6.com/news/local/Firefighters-watch-as-home-burns-to-the-ground-104052668.html