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HomeMy WebLinkAbout2006_09_20 Town Board Minutes September 20, 2006 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 20, 2006 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O’Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Absent:Councilman Paul A. Winick ALSO PRESENT: Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Patricia A. DiCioccio, Town Clerk Christina Battalia, Deputy Town Clerk WORK SESSION FCD – Special Permit There was a general discussion on the outline of the permit. Parking Study Mr. Altieri said he sent a report to the Board members which summarized the time line for construction of the parking deck, he said it would take about five to six months from approval before a shovel hits the ground. The Supervisor said she had appointed the Town Clerk to serve in an advisory capacity on the Parking Committee – and on the parking deck. Sheldrake Trails There was a discussion on whether dogs should be allowed to run loose on the trail. Councilwomen Wittner and Seligson said no other conservancy allows dogs. Mr. Altieri questioned who would enforce a leash law, but agreed dogs should be leashed. There was then further discussion on enforcement of the current law and how it could be enforced along the trail. Kayak Survey Councilwoman Seligson said she had met with a group of kayakers and they were most interested in storage space, rather than launch space. They discussed the possibility of Horseshoe Harbor. Councilman Odierna said they would like to come to talk to the Board about this. 1 September 20, 2006 Resolution – Town of Greenburg – Burying electrical wires Supervisor Finer suggested a resolution requiring Con Ed to conduct a feasibility study of burying electrical wires. Supervisor O’Keeffe said to have Con Edison bury lines is very expensive. They are buried in the north end of Town and they are not insulated properly so the power goes out constantly. This last storm caused an outage which took six days to fix. After further discussion it was decided not to adopt the resolution. The Supervisor would write a letter to Supervisor Finer explaining why. School Board The Supervisor explained that Robin Nichinsky, the newest School Board member had been assigned as a liaison to the Town Board. In turn, the School Board was asking if we wished to appoint someone from our Board as liaison to them. The Board discussed the matter and decided since there was such good communication and they have TVS (Town, Village, School group) which meets two to four times per year it wasn’t really necessary. Supervisor O’Keeffe added that at the last meeting of TVS there was a push for a teen center, mostly by people from Rye Neck. Councilman Odierna said we should look at the Greenwich Teen Center, its done well. It should be partnered by all three municipalities but not school sponsored. There was then a discussion on the school generator – with the Supervisor saying the school officials said they were not officially designated as an emergency site. Mr. Altieri said he would check it out and get it clarified. Fields The Supervisor said that Mayor Triffiletti had called a meeting of TVS to discuss the lack of fields in our communities. There is a group forming to procure fields for small children and within one day they had generated 57 emails. There will be a meeting where we put the facts on the table. She said that we should all work together without going to war. There will be further meetings. Drainage The Administrator said there is a need to move forward with the Orchard Road prject before leaf season. To install drainage basins will cost $30,700. The second project is York Road, it gets much worse there in winter. This project can be done at a cost of $39,000, which will install 600 feet of storm drain pipe. Materials and contractors will cost $38,000 using our own personnel. It will take four to five days on one project and ten days for the other. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at 8:30 PM. She then pointed out the location of exits. PROCLAMATIONS Supervisor O'Keeffe read the following Proclamation for Constitution Week: WHEREAS, September 17, 2006 marks the 219th anniversary of the signing of the Constitution of the United States of America by delegates to the Constitutional Convention; and WHEREAS, by an Act of Congress on February 29, 1952, the date of September 17 has been annually declared Citizenship Day; and 2 September 20, 2006 WHEREAS, Constitution Week was designated by a Joint Act of Congress August 2, 1956 \[36 U.S.C. 159\]; and WHEREAS, the Constitution of the United States of America, the guardian of our liberties, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate it. NOW THEREFORE, BE IT RESOLVED, that I, Valerie Moore O’Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board do hereby proclaim September 17, 2006 and the week of September 17-23, 2006. Councilwoman Seligson read the following Proclamation for Rose Wysk: WHEREAS, Rose Tomaskovicz Wysk was born on September 26, 1906 in Sunderland, Massachusetts, the eldest of 6 children th whom she helped to raise and is celebrating her 100 birthday; and WHEREAS, Rose and Connie Wysk were married on October 20, 1926 in New Rochelle. Connie passed away in 1951; and WHEREAS, Rose and her husband raised 3 children, Dorothy DeFalco, a Crossing Guard for the Town of Mamaroneck at Murray Avenue School for 25 years before she passed away in February 1992, Susan Quillinan who passed away in February 1995, and Patricia Patterson who presently lives in Rye and has been very active in the City of Rye for 17 years as Director of the Senior Citizens Program at Rye Recreation; and WHEREAS, Rose did sewing, alterations, and tailoring from home for most of her adult life until approximately 1997 in order to care for and support her family. She worked for Sylvia Cluxton Dress Shop and did housework until 1990; and WHEREAS, Rose was an avid gardener for many year and always shared her bounty with family, neighbors, and friends; and WHEREAS, Rose is a devoted mother, grandmother of 8, great grandmother of 8 and great, great grandmother of 1. Her family has meant the world to her. NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O’Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members hereby extend best wishes for a happy th and healthy 100 birthday and congratulate Rose on becoming TH a CENTENARIAN BY CELEBRATING HER 100 BIRTHDAY. PUBLIC HEARINGS Amendment – Section 8 Public Housing Administrative Plan PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, September 20, 2006 at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town 3 September 20, 2006 Center, 740 W. Boston Post Road, Mamaroneck, New York to review the Town of Mamaroneck Public Housing Agency Annual PHA Plan for Fiscal Year 2007. The full text of this Plan may be examined at the Town Clerk’s Office or the Public Housing Authority Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. PLEASE TAKE FURTHER NOTICE, that at said Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments prior thereto. On motion of Councilwoman Seligson, seconded by councilwoman Wittner, the Public Hearing was unanimously opened. Supervisor O'Keeffe introduced Anna Danoy, Community Services Director, who gave the following presentation: On January 5, 2006, President Bush signed into law the Violence Against Women and Department of Justice Reauthorization Act of 2005” (PL 109-162), reauthorizing and expanding among other things, provisions of the Violence Against Women Act (VAWA) originally enacted in 1994. HUD issued PIH Notice 2006-23 on June 23, 2006 concerning the required implementation of this Act, however they have not yet promulgated regulations concerning specific implementation guidelines. The proposed amendments to the PHA plan contained herein are subject to change upon issuance of further guidance from HUD. Impact on PHAs administering the Section 8 Tenant Based Assistance Voucher Program: 1. VAWA requires that PHAs amend five year and annual PHA Plans to contain information regarding any goals, activities, objectives, policies or programs of the PHA that are intended to support or assist victims of domestic violence, dating violence, sexual assault or stalking. A. Current Policy, to be added to the Five Year and Annual Plan for 2007: The Town of Mamaroneck PHA gives preference on the waiting list (in this order) to applicants who, at the time of application: i. Live, work or have been hired to work in the Town of Mamaroneck or Village of Larchmont ii. Live, work or have been hired to work in the Village of Mamaroneck (the portion that is within the Town of Mamaroneck only) iii. Senior Citizens (62 and older), people with disabilities and veterans iv. Working families earning 30% or less of the median income by family size v. Families involuntarily displaced by fire, natural disaster, hate crime, witness protection program, domestic violence, inaccessibility due to disability, or government or landlord action Applicants may receive more than one preference based on the above criteria, thereby ranking them higher on the waiting list. Applicants who reside within the jurisdiction and are victims of domestic violence receive higher priority on the waiting list. Temporary residence in a domestic violence shelter within the jurisdiction also affords victims of domestic violence a residency preference at the time of application. The Town of Mamaroneck PHA will provide Town and Village Police Departments with information about the housing assistance offered so that they may make this information available in the event that they are called to respond to or become aware of situations involving domestic violence.” 2. VAWA requires that PHAs apply new screening, admission, eviction and termination of assistance requirements regarding domestic violence, dating 4 September 20, 2006 violence and stalking victims in all Section 8 programs. It further describes certifications which housing administrators may request regarding an applicant or tenant’s status as a victim, thereby entitling the applicant or tenant to certain protections. VAWA also implements additional confidentiality requirements for victim records. Lastly, VAWA requires PHAs to notify tenants and landlords of their rights and responsibilities under this law. Proposed Amendment to Existing Sections of the Administrative Plan: Add to existing section on page 10 entitled Selection and Screening just before the sentence “An application packet accompanies…” The Town of Mamaroneck PHA will notify applicants and tenants of their rights and obligations under Violence Against Women Act as they relate to the housing assistance provided by the PHA. This notice will include federal definitions of domestic violence, dating violence, stalking, and immediate family member. Add to existing section on page 10/11 entitled Criminal Activity Screening following the paragraph beginning with ”Upon receipt and review of …”: Federal regulations prohibit the PHA from denying admission to or terminating assistance of an otherwise qualified applicant, participant or immediate member of a participant’s family who is a victim of the domestic violence, dating violence, or stalking. Add to existing section on page 14 entitled Definitions and Eligibility: An involuntarily displaced family may also be one that is required to move as a result of domestic violence, dating violence or stalking.” Replace last paragraph on page 17 in existing section entitled Verification of Preferences… domestic violence to read: Applicants claiming a preference as a victim of domestic violence, dating violence or stalking must provide written verification on a HUD-approved certification form, or other form deemed acceptable by the PHA, that the individual is a victim of domestic violence, dating violence or stalking, and that the incident or incidents in question are bona fide incidents of such actual or threatened abuse. Such certification must include the name of the perpetrator (a HUD requirement). In lieu of a HUD-approved certification form, applicants may submit a notarized statement from a professional employee, agent or volunteer of a victim services provider, an attorney, or a medical professional from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault or stalking, or the effects of the abuse, in which the professional attests under penalty of perjury to the professional’s belief that the incident or incidents in question are bona fide incidents of abuse. The applicant/victim of domestic violence, dating violence or stalking must also sign the statement attesting to the validity of the documentation. If available, a police report and/or court record must be attached. Applicants must provide such certification within 14 business days after the PHA requests such certification in writing. Applicants who fail to submit the requested certification within the 14 business day timeframe will not be entitled to a preference on the waiting list and if admitted to the program, will not be entitled to certain termination and eviction protections available to victims of domestic violence, dating violence or stalking afforded under the federal regulations. An extension of the deadline may be provided, at the Director’s sole discretion. The certification information provided by the victim will treated as confidential and will not be entered into any shared database nor provided 5 September 20, 2006 to any related entity except when disclosure is consented to by the individual in writing, required for use in eviction proceedings, or otherwise required by law. Add to existing section on page 22 entitled Locating Suitable Housing following the paragraph that begins with “A family whose head or spouse…”: The Town of Mamaroneck PHA may not terminate or deny a tenant, who is otherwise in compliance with the program, the opportunity to relocate under the portability provisions of the Housing Choice Voucher program in situations where the tenant violated the assisted lease in order to protect the health and safety of an individual who is or has been the victim of domestic violence, dating violence or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted unit. Amend last paragraph on page 29 in existing section entitled Determining who continues receiving assistance if a family breaks up: The Town of Mamaroneck PHA will, when notified, honor court orders addressing rights of access to or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among household members in cases where a family breaks up. Add to the end of existing section on page 38 entitled Grounds for Termination of Assistance: Incidents of actual or threatened domestic violence, dating violence or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and shall not be good cause for terminating the assistance to any participant or immediate member of the participant’s family who is the victim or threatened victim of that domestic violence, dating violence or stalking. The Town of Mamaroneck PHA may terminate assistance to remove a household member who engages in criminal acts of physical violence against family members or others, without terminating assistance to, or otherwise penalize the victim(s) of that violence who are authorized members of the household. The Town of Mamaroneck PHA may terminate assistance for violations of the lease related to the incident or incidents of domestic violence, dating violence or stalking in situations where the PHA can demonstrate, based on a preponderance of evidence, that an actual or imminent threat to other tenants or those employed at or providing service to the tenant exists if that tenant is not terminated from assistance, as long as the PHA does not hold the victim to a more demanding standard than other tenants. Additional Amendments Following are additional amendments recommended to clarify, document and/or enhance existing policies in the current Administrative Plan. Add to existing section on page 1 entitled Statement of Policies and Objectives following the second paragraph: In the event that any policies, procedures or other statements contained herein are found to be contrary to federal housing regulations governing the Housing Choice Voucher Program, the federal regulations will prevail. Any policies, procedures or practices engaged in by the Town of Mamaroneck PHA that are inadvertently omitted from this Administrative Plan shall be reviewed upon discovery and the plan amended. Add to existing section on page 20/21 entitled Changes in Voucher Size following the second paragraph: A family that consists of one or more elderly, near-elderly or disabled persons may request that the PHA approve a live-in aide to reside in the unit and provide 6 September 20, 2006 necessary supportive services for a family member who is a person with disabilities. The Town of Mamaroneck PHA will approve a live in aide if needed as a reasonable accommodation in accordance with federal regulations and definitions, to make the program accessible to and usable by the family member with a disability. Approval of a live-in aide may require a family to move to a new unit in order to accommodate the addition of a live in aide in the household. The Town of Mamaroneck PHA may at any time refuse to approve a particular person as a live in aide. The Town of Mamaroneck PHA may also withdraw approval of a live in aide if the person:  commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;  commits drug-related criminal activity or violent criminal activity  the person currently owes rent or other amounts to the PHA or another PHA in conjunction with any federal housing assistance  commits any act that threatens the health, safety and right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity In the event that approval of a live in aide is withdrawn, the aide will be required to vacate the premises within 30 days from the date notice is given. Add to existing section on page 20/21 entitled Changes in Voucher Size following the last paragraph: In accordance with federal regulations, the Town of Mamaroneck PHA will issue a voucher for the family to relocate to an acceptable unit as soon as possible upon the PHA’s determination that a family is residing in a unit with:  a larger number of bedrooms than is appropriate for the family unit size under the Town of Mamaroneck PHA subsidy standards, and  a gross rent for the unit, equal to the contract rent plus any utility allowance for the unit size leased that exceeds the fair market rent limit for the family unit size under the PHA subsidy standard. Add to existing section on page 22 entitled Locating Suitable Housing following “Families participating in the Housing Choice…” Families who are in good standing with the Town of Mamaroneck PHA and who wish to relocate to an area outside the jurisdiction of the Town of Mamaroneck PHA may request to do so in writing. Families must be current on their rent, must give their landlord at least 30 days written notice, and must comply with all federal regulations governing portability. The Town of Mamaroneck PHA reserves the right to deny portability to any family who wishes to relocate to a jurisdiction where the payment standard or occupancy standard exceeds that of the Town of Mamaroneck and the receiving PHA is not absorbing the family into their own program when budgetary restrictions prohibit paying a higher housing assistance payment. Add to existing section on page 30 entitled Determining Annual Income following the list beginning with “Income includes…”: As part of the screening and admission process, and annual recertification process, all tenants will be required to provide this office with a current credit report from one of the major credit reporting agencies. Tenants may be asked to access their credit report on line during their recertification appointment visit if they have not already included it with their recertification paperwork. 7 September 20, 2006 Implementation Timetable Required To Comply With HUD Regulations 8/9/06 Town Board establishes 9/20/06 as the date of the Public Hearing and announces that the review period is open 8/9/2006 – 9/19/06 Proposed Five Year and Annual plans available for public review and comment in the Town Clerk’s office and the PHA office Resident Advisory Board is given an opportunity to review and comment on the proposed plans; comments are incorporated into the proposed plans 9/20/06 Public hearing is held; Town Board votes on plans 9/21/06 Proposed plan is finalized and submitted to Westchester County Planning Department (Norma Drummond) for review and certification. Supervisor O'Keeffe asked if anyone had any questions or comments. Supervisor O'Keeffe asked Ms. Danoy to explain who can apply for a housing voucher. Ms. Danoy explained that everyone can apply, but preference points are given to Town and Village Residents. Of the 1,000 people who applied, 100 were from our area, adding that if they currently live here and move, they can move with our voucher. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the public hearing was unanimously closed. On motion of Councilwoman Seligson, seconded by councilwoman Wittner, it was RESOLVED, that the Town Board finds that the adoption of the proposed Amendment to the Public Housing Authority Administrative Plan is hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA) The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed changes to the language for the PHA Administrative Plan as follows: HUD-Required Amendments Violence Against Women Act Background: On January 5, 2006, President Bush signed into law the Violence Against Women and Department of Justice Reauthorization Act of 2005” (PL 109-162), reauthorizing and expanding among other things, provisions of the Violence Against Women Act (VAWA) originally enacted in 1994. 8 September 20, 2006 HUD issued PIH Notice 2006-23 on June 23, 2006 concerning the required implementation of this Act, however they have not yet promulgated regulations concerning specific implementation guidelines. The proposed amendments to the PHA plan contained herein are subject to change upon issuance of further guidance from HUD. Impact on PHAs administering the Section 8 Tenant Based Assistance Voucher Program: 3. VAWA requires that PHAs amend five year and annual PHA Plans to contain information regarding any goals, activities, objectives, policies or programs of the PHA that are intended to support or assist victims of domestic violence, dating violence, sexual assault or stalking. B. Current Policy, to be added to the Five Year and Annual Plan for 2007: The Town of Mamaroneck PHA gives preference on the waiting list (in this order) to applicants who, at the time of application: i. Live, work or have been hired to work in the Town of Mamaroneck or Village of Larchmont ii. Live, work or have been hired to work in the Village of Mamaroneck (the portion that is within the Town of Mamaroneck only) iii. Senior Citizens (62 and older), people with disabilities and veterans iv. Working families earning 30% or less of the median income by family size v. Families involuntarily displaced by fire, natural disaster, hate crime, witness protection program, domestic violence, inaccessibility due to disability, or government or landlord action Applicants may receive more than one preference based on the above criteria, thereby ranking them higher on the waiting list. Applicants who reside within the jurisdiction and are victims of domestic violence receive higher priority on the waiting list. Temporary residence in a domestic violence shelter within the jurisdiction also affords victims of domestic violence a residency preference at the time of application. The Town of Mamaroneck PHA will provide Town and Village Police Departments with information about the housing assistance offered so that they may make this information available in the event that they are called to respond to or become aware of situations involving domestic violence.” 4. VAWA requires that PHAs apply new screening, admission, eviction and termination of assistance requirements regarding domestic violence, dating violence and stalking victims in all Section 8 programs. It further describes certifications which housing administrators may request regarding an applicant or tenant’s status as a victim, thereby entitling the applicant or tenant to certain protections. VAWA also implements additional confidentiality requirements for victim records. Lastly, VAWA requires PHAs to notify tenants and landlords of their rights and responsibilities under this law. Proposed Amendment to Existing Sections of the Administrative Plan: Add to existing section on page 10 entitled Selection and Screening just before the sentence “An application packet accompanies…” The Town of Mamaroneck PHA will notify applicants and tenants of their rights and obligations under Violence Against Women Act as they relate to the housing assistance provided by the PHA. This notice will include federal definitions of domestic violence, dating violence, stalking, and immediate family member. Add to existing section on page 10/11 entitled Criminal Activity Screening following the paragraph beginning with ”Upon receipt and review of …”: Federal regulations prohibit the PHA from denying admission to or terminating assistance of an otherwise qualified applicant, participant or immediate member of a participant’s family who is a victim of the domestic violence, dating violence, or stalking. 9 September 20, 2006 Add to existing section on page 14 entitled Definitions and Eligibility: An involuntarily displaced family may also be one that is required to move as a result of domestic violence, dating violence or stalking.” Replace last paragraph on page 17 in existing section entitled Verification of Preferences… domestic violence to read: Applicants claiming a preference as a victim of domestic violence, dating violence or stalking must provide written verification on a HUD-approved certification form, or other form deemed acceptable by the PHA, that the individual is a victim of domestic violence, dating violence or stalking, and that the incident or incidents in question are bona fide incidents of such actual or threatened abuse. Such certification must include the name of the perpetrator (a HUD requirement). In lieu of a HUD-approved certification form, applicants may submit a notarized statement from a professional employee, agent or volunteer of a victim services provider, an attorney, or a medical professional from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault or stalking, or the effects of the abuse, in which the professional attests under penalty of perjury to the professional’s belief that the incident or incidents in question are bona fide incidents of abuse. The applicant/victim of domestic violence, dating violence or stalking must also sign the statement attesting to the validity of the documentation. If available, a police report and/or court record must be attached. Applicants must provide such certification within 14 business days after the PHA requests such certification in writing. Applicants who fail to submit the requested certification within the 14 business day timeframe will not be entitled to a preference on the waiting list and if admitted to the program, will not be entitled to certain termination and eviction protections available to victims of domestic violence, dating violence or stalking afforded under the federal regulations. An extension of the deadline may be provided, at the Director’s sole discretion. The certification information provided by the victim will treated as confidential and will not be entered into any shared database nor provided to any related entity except when disclosure is consented to by the individual in writing, required for use in eviction proceedings, or otherwise required by law. Add to existing section on page 22 entitled Locating Suitable Housing following the paragraph that begins with “A family whose head or spouse…”: The Town of Mamaroneck PHA may not terminate or deny a tenant, who is otherwise in compliance with the program, the opportunity to relocate under the portability provisions of the Housing Choice Voucher program in situations where the tenant violated the assisted lease in order to protect the health and safety of an individual who is or has been the victim of domestic violence, dating violence or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted unit. Amend last paragraph on page 29 in existing section entitled Determining who continues receiving assistance if a family breaks up: The Town of Mamaroneck PHA will, when notified, honor court orders addressing rights of access to or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among household members in cases where a family breaks up. 10 September 20, 2006 Add to the end of existing section on page 38 entitled Grounds for Termination of Assistance: Incidents of actual or threatened domestic violence, dating violence or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and shall not be good cause for terminating the assistance to any participant or immediate member of the participant’s family who is the victim or threatened victim of that domestic violence, dating violence or stalking. The Town of Mamaroneck PHA may terminate assistance to remove a household member who engages in criminal acts of physical violence against family members or others, without terminating assistance to, or otherwise penalize the victim(s) of that violence who are authorized members of the household. The Town of Mamaroneck PHA may terminate assistance for violations of the lease related to the incident or incidents of domestic violence, dating violence or stalking in situations where the PHA can demonstrate, based on a preponderance of evidence, that an actual or imminent threat to other tenants or those employed at or providing service to the tenant exists if that tenant is not terminated from assistance, as long as the PHA does not hold the victim to a more demanding standard than other tenants. Additional Amendments Following are additional amendments recommended to clarify, document and/or enhance existing policies in the current Administrative Plan. Add to existing section on page 1 entitled Statement of Policies and Objectives following the second paragraph: In the event that any policies, procedures or other statements contained herein are found to be contrary to federal housing regulations governing the Housing Choice Voucher Program, the federal regulations will prevail. Any policies, procedures or practices engaged in by the Town of Mamaroneck PHA that are inadvertently omitted from this Administrative Plan shall be reviewed upon discovery and the plan amended. Add to existing section on page 20/21 entitled Changes in Voucher Size following the second paragraph: A family that consists of one or more elderly, near-elderly or disabled persons may request that the PHA approve a live-in aide to reside in the unit and provide necessary supportive services for a family member who is a person with disabilities. The Town of Mamaroneck PHA will approve a live in aide if needed as a reasonable accommodation in accordance with federal regulations and definitions, to make the program accessible to and usable by the family member with a disability. Approval of a live-in aide may require a family to move to a new unit in order to accommodate the addition of a live in aide in the household. The Town of Mamaroneck PHA may at any time refuse to approve a particular person as a live in aide. The Town of Mamaroneck PHA may also withdraw approval of a live in aide if the person:  commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;  commits drug-related criminal activity or violent criminal activity  the person currently owes rent or other amounts to the PHA or another PHA in conjunction with any federal housing assistance  commits any act that threatens the health, safety and right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity 11 September 20, 2006 In the event that approval of a live in aide is withdrawn, the aide will be required to vacate the premises within 30 days from the date notice is given. Add to existing section on page 20/21 entitled Changes in Voucher Size following the last paragraph: In accordance with federal regulations, the Town of Mamaroneck PHA will issue a voucher for the family to relocate to an acceptable unit as soon as possible upon the PHA’s determination that a family is residing in a unit with:  a larger number of bedrooms than is appropriate for the family unit size under the Town of Mamaroneck PHA subsidy standards, and  a gross rent for the unit, equal to the contract rent plus any utility allowance for the unit size leased that exceeds the fair market rent limit for the family unit size under the PHA subsidy standard. Add to existing section on page 22 entitled Locating Suitable Housing following “Families participating in the Housing Choice…” Families who are in good standing with the Town of Mamaroneck PHA and who wish to relocate to an area outside the jurisdiction of the Town of Mamaroneck PHA may request to do so in writing. Families must be current on their rent, must give their landlord at least 30 days written notice, and must comply with all federal regulations governing portability. The Town of Mamaroneck PHA reserves the right to deny portability to any family who wishes to relocate to a jurisdiction where the payment standard or occupancy standard exceeds that of the Town of Mamaroneck and the receiving PHA is not absorbing the family into their own program when budgetary restrictions prohibit paying a higher housing assistance payment. Add to existing section on page 30 entitled Determining Annual Income following the list beginning with “Income includes…”: As part of the screening and admission process, and annual recertification process, all tenants will be required to provide this office with a current credit report from one of the major credit reporting agencies. Tenants may be asked to access their credit report on line during their recertification appointment visit if they have not already included it with their recertification paperwork. Implementation Timetable Required To Comply With HUD Regulations 8/9/06 Town Board establishes 9/20/06 as the date of the Public Hearing and announces that the review period is open 8/9/2006 – 9/19/06 Proposed Five Year and Annual plans available for public review and comment in the Town Clerk’s office and the PHA office Resident Advisory Board is given an opportunity to review and comment on the proposed plans; comments are incorporated into the proposed plans 9/20/06 Public hearing is held; Town Board votes on plans 9/21/06 Proposed plan is finalized and submitted to Westchester County Planning Department (Norma Drummond) for review and certification. 10/10/2006 Final Plan is submitted to HUD (at least 75 days prior to the start of The PHA fiscal year of 1/1/2007) The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 12 September 20, 2006 PUBLIC HEARING ADJOURNED BOND RESOULUTION WATER DISTRICT IMPROVEMENTS On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby adjourn said public hearing until October 4, 2006. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O’Keeffe and on motion of Councilwoman Myers, seconded by Councilman Wittner, 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 ABSENT: Commissioner: Paul A. Winick 1. Fire Claims Commissioner Odierna presented fire claims for authorization of payment, thereafter on motion of Commissioner Odierna, 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 as amended: AAA Emergency Supply Co., Inc. 39.50 AAA Emergency Supply Co., Inc. 75.00 AAA Emergency Supply Co., Inc. 148.25 AAA Emergency Supply Co., Inc. 588.90 AAA Emergency Supply Co., Inc. 2,340.00 AAA Emergency Supply Co., Inc. 3,455.00 Avaya 51.89 Community Fire Equipment 215.00 Con Edison 180.07 IKON Office Solutions 175.30 J. A. Jackson Corporation 100.00 Pitt Stop Auto Parts 15.59 Pitt Stop Auto Parts 185.43 Pronto Printer 297.13 Rye Ford-Subaru 167.27 Gary Siegel 500.00 Sound Shore Contracting Inc. 904.33 Trilex 105.75 13 September 20, 2006 Trilex 144.50 Trilex 157.50 Verizon Wireless 13.07 Verizon 13.05 Westchester Elevator 196.35 Winzer Corporation 14.69 TOTAL 10,083.57 The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 2. Consideration – Stipulation of Settlement – Firefighters RESOLVED, that the Town Board does hereby approved the Stipulation of Settlement with the Firefighters as follows; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contract on behalf of the Town. Stipulation of Agreement made and entered into this 29th day of August, 2006 by and between the negotiating committees for the Town of Mamaroneck and the Town of Mamaroneck Professional Firefighters Association Local 898, International Association of Firefighters. Whereas, the parties have engaged in negotiations in good faith and in an effort to arrive at a successor agreement to a contract that expired December 31, and; 2005, Whereas, the parties have arrived at a tentative agreement; Now, therefore, in consideration of the mutual covenants contained herein, the parties hereby stipulate and agree as follows: 1. The provisions of the stipulation are subject to ratification by the respective parties to the contract. 2. The respective negotiating committees agree to recommend this stipulation for ratification. 3. All proposals not covered herein made by either party during the course of negotiations shall be deemed withdrawn. 4. The provisions of the prior agreement shall be carried forward except as modified in this stipulation. 5. Unless otherwise noted, all dates involving the duration of the agreement shall be confirmed to the duration of the negotiated agreement Section 16—Education and Training (16.8b) Firefighters hired after 1/1/06 who have not transferred from other Fire Districts and are required to complete training at the Fire Academy will be advised that if they resign to accept a position as a firefighter with another municipality before their second anniversary of employment, they will be responsible for reimbursing some portion of the cost of their training at the Academy. Those who leave before their first anniversary will 14 September 20, 2006 be responsible for reimbursing the Department 50% of the training expense. Those who transfer between their first and second anniversaries will be responsible for reimbursing of the cost. 25% Section 22- Pension and Benefit Plans (22.3) Add: Effective 1/1/06, all firefighters hired after this date will contribute 1% of their annual salary toward individual health insurance contracts and 2% of their annual salary for family contract coverage for the first five years of employment. From year six until retirement, they will contribute 1.5% of their annual salary toward individual health insurance contract coverage and 2.5% of their annual salary toward family contract coverage. (22.4) correct to read “G.E. Dental Plan.” (simply a wording change) Section 28 –Uniforms (28 (1b) ) Commencing with their second year of employment, firefighters shall receive an annual allotment of two hundred seventy-five dollars ($275) in 2007, and three hundred dollars ($300) in 2008 for the express purpose of purchasing the required Uniforms and/or additional firefighting equipment not supplied by the Town. Section — Physical Examinations 29 (New 29. 2) Random Drug Testing - Random drug testing will be administered for up to twenty-four (24) times during a period oftwenty-four (24) months to firefighters who have tested positive after an accident or who have tested positive as the result of a reasonable suspicion test. After the firefighter returns to work,the provisions of the Alcohol and Drug policy apply. Section 30 -Wages (30.1) The following annual salary structures shall apply to the Town ofMamaroneck firefighters: Starting Firefighter 1/1/06 - 12/31/08: $32,000 1/1/06 1/1/07 1/1/08 3.5% 3.65% 4.0% First Grade Firefighter $72,617 $75,522 $78,618 Lieutenant $82,997 $86,317 $89,856 (30.1a) EMT stipend. Firefighters will receive an annual stipend of six hundred dollars ($600) in 2006, seven hundred fifty dollars ($750) in 2007, and seven hundred fifty dollars ($750) in 2008, in consideration of their status as emergency medical technicians. This stipend shall be paid in April of each year and will not be included in a firefighter’s base The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Odierna, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Authorization – Easement Agreement – Westchester Joint Water Works 15 September 20, 2006 On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the easement agreement between Varela Reality, LLC and the Westchester Joint Water Works, and the Town of Mamaroneck for the parcel known Varela Lane, Section 1, Block 130, lot 49 through 71 (partial). The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 2. Authorization – Transfer of Funds – Town Records Room On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Board of the Town of Mamaroneck does hereby approve the transfer of funds in the amount of $6,620.00 from the reserve fund of the general Town budget to Capital Project H1997.1620.5001 (Town Center) for the purchase and installation of metal shelving for the Records Room at the Town Center. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 3. Resolution – National Incident Management System On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved; WHEREAS, in Homeland Security Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary that all federal, state, local, and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized 16 September 20, 2006 organizational structures, uniform personnel qualification standards, uniform standards for planning, training andexercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities in the Town of Mamaroneck including public safety and emergency response organizations training programs; and WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; now therefore be it RESOLVED, the Supervisor and Town Board of the Town of Mamaroneck hereby mandate the National Incident Management System be utilized for all incident management in the Town of Mamaroneck. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 4. Authorization – Quit Claim Deed - Block 124 Lot 700 – 136 Laurel Avenue On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board authorizes a Quit Claim Deed between the Town of Mamaroneck and Richard and Toniann Smith for the parcel known as Block 124 Lot 700 on Laurel Avenue; and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator, Stephen V. Altieri to execute the Quit Claim Deed as approved by the Town Attorney. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 5. Appointment – Board of Assessment On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was 17 September 20, 2006 RESOLVED, Jeanne Kiernan is appointed to the position of Alternate Member of the Board of Assessment; and BE IT FURTHER, RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on September 30, 2011. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 6. SALARY AUTHORIZATION RECREATION On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that as provided for in the 2006 Town Budget the Town Board does hereby authorize the payment of salary to the following: SKATING SCHOOL Alana Kelton Director $17,000.00 for season Martina Dvorak Instructor $17.00 per class Claudine Ferrara Instructor $17.00 per class Mary Marchiselli Instructor $17.00 per class Sheryl McSherry Instructor $17.00 per class Kami Netri Instructor $17.00 per class Kristi Tortorella Instructor $17.00 per class Jenny Cocker Instructor $16.00 per class Amy Schliftman Instructor $16.00 per class Julie Schliftman Instructor $16.00 per class HOMMOCKS POOL Stephanie Allen Alternate Manager $16.00 per hour Ann Anderson Alternate Manager $17.00 per hour E.M.S. Lifeguard $25.00 per session Ashwin Bhandari Key Attendant $7.75 per hour Julia Caro Lifeguard $7.75 per hour Swim Instructor $17.00 per hour Kathleen Corsetti Lifeguard $7.75 per hour Jill Diamond Lifeguard $8.75 per hour E.M.S. Lifeguard $25.00per session Craig Kalinowski Lifeguard $8.50 per hour John Keenan Manager $18.50 per hour Swim Instructor $19.00 per hour Annie Kravet Lifeguard $8.25 per hour Megan Manion Key Attendant $7.75 per hour Sara Matthias Key Attendant $8.00 per hour Barbara Mendes Key Attendant $10.50 per hour Tamara Muscarell E.M.S. Lifeguard $32.00 per session Lindsay Naughton Key Attendant $7.75 per hour Sean O’Connor Lifeguard $7.75 per hour Shannon O’Neill Lifeguard $8.00 per hour Wayne Pollak Manager $17.00 per hour Katie Ragone Lifeguard $8.00 per hour Jon Rubin Lifeguard $8.75 per hour 18 September 20, 2006 Rebecca Sobel Lifeguard $8.00 per hour Caroline Spader Lifeguard $7.75 per hour Swim Instructor $17.00 per hour E.M.S. Lifeguard $25.00 per session Thomas Spader Lifeguard $8.75 per hour Jamie Valentinetti Lifeguard $8.25 per hour Melissa Weaver Swim Instructor $18.50 per hour HOMMOCKS PARK ICE RINK Michael Alberico E.M.T. $1 1 .50 per hour Daniel Caldarola Skate Guard $9.00 per hour John Carnes E.M.T. $11.50 perhour Catherine Hughes Cashier $12.50 per hour Patrick Nadoiske Skate Room Attendant $9.00 per hour RECREATION OFFICE Joann Grant Office Aide $12.00 per hour The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye TOWN POLICE This salary authorization was HELD OVER COMPTROLLER’S OFFICE On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the appointment of Susan Rooney to the position of Intermediate Account Clerk in the Comptroller’s Office effective October 19, 2006 at an annual salary of $42,085. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye ADDED ITEMS 7. Authorization – Parking Study On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was 19 September 20, 2006 RESOLVED, that the Mamaroneck Town Board does hereby approve the Parking study in the Washington Square Area to be conducted by BFJ Planning for the amount of $13,100.00; and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said agreement. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 8. Approval of Certiorari On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: All Star Realty Group, Inc. 2517 Boston Post Road Larchmont, NY 10538 Block:Lot: 101 504 Town of Mamaroneck/Village of Larchmont Year Current Assessment Reduced Assessment 2005 $19,000 $15,000 The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was BE IT RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: 690 Mamaroneck Avenue Corp. 690 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 819 Lot: 41 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 20 September 20, 2006 2005 $27,000 $23,000 The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye APPROVAL OF MINUTES June 21, 2006 & July 5, 2006 On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from June 21, 2006 as amended. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from July 5, 2006 as amended. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye WRITTEN COMMUNICATIONS Supervisor O’Keeffe did receive a written communication in reference to the Forest City Special Use Permit which will be read at the next public hearing that will be held on October 4, 2006. REPORTS OF COUNCIL Supervisor O’Keeffe asked if anyone had any oral communication. Councilman Odierna stated that a few of the residents of the town brought to his attention the infamous yellow lines that were painted. A few express there feelings that the black top should be placed on top of the old lines and then the repainting could be done. The Town Administrator stated we had a lot of rain this summer so the dates for striping 21 September 20, 2006 kept on changing. The minute we had good weather the company just went out. Unfortunately we didn’t have enough time for notification. The lines that we are talking about are located on Rockland Avenue and Harmon Drive along the NY Thruway. Councilman Odierna continued with his oral communications with his attendance to the Recreation Commission Meeting that was held on September 12, 2006. There was a lot of talk about the frustration over the pool during the summer; The ladders were very close to the wall to climb out of the pool older pool. The recreation commission is talking to the school about the issues of pigeons in the roof, overcrowding during the day because of the camps, excessive humidity in the pool area and the minimizing of changing rooms and towel hooks. Councilman Odierna spoke about the new recreation brochure. He explained that it had a lot of interesting fall and winter programs. He also mentioned that he attended a Human Rights Meeting. April Farber, the chairperson is looking for a Town resident to become a member of the Human Rights Commission. The Commission is preparing themselves for the upcoming Martin Luther King Jr. celebration. Councilwoman Wittner mentioned that the Town Board attended the 9/11 ceremony at Memorial Park. It was a very moving ceremony. It was great to see the Girl & Boy Scouts for the turn out. Councilman Odierna stated that Councilwoman Wittner did a nice job filling in for the Village of Mamaroneck’s officials that could not make it. Supervisor O’Keeffe said she and the Town Board on 9/11 attended the Veteran’s of Foreign War Ceremony at the Veteran’s of Foreign War House. It was very nice. Council woman Seligson attended the Planning Board Meeting where they heard 1 application which had to do with the Tidal Wetlands Law. She also attended the Board of Architectural Review meeting where they spoke about the proposed parking deck in Lot 3. SUPERVISOR REPORTS Supervisor O’Keeffe said that she attended the Town Village School Meeting, “TVS” , where they met with the Superintendent of Schools, President of School, Vice Superintendent of Business Affairs. The TVS started a list of interests and issues that needed to be addressed, such as the teen center, communication during emergency, generators, bring together the youth officers and the social workers of the high school for youth programs. There were brief talks of the athletic fields which will be talked about at another time. ADJOURNMENT Supervisor O’Keeffe said that before the adjournment she wanted to wish everyone a O Happy Jewish New Year. n motion of Councilwoman Wittner, seconded by Councilman Odierna, the meeting was adjourned at10:45 PM. Submitted by: ______________________________________ Patricia A. DiCioccio, Town Clerk 22