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HomeMy WebLinkAbout2006_11_15 Town Board Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING – Wednesday, November 15, 2006 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE – at 5:00 PM into a Work Session to discuss Board of Architectural Review Option, Illuminated Sign Law & Playing Fields 7:15 PM EXECUTIVE SESSION to discuss Litigation & Personnel RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PRESENTATION – County of Westchester – Legacy Program PUBLIC HEARINGS – Extended Moratorium – Illuminated Signs BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Service Awards – Quarterly Report 3.Other Fire Department Business AFFAIRS OF THE TOWN 1. Amendment PHA Plan 2. Salary Authorization - Recreation APPROVAL OF MINUTES - September 20, 2006 & October 4, 2006 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT RECONVENE INTO WORKSESSION – Litigation – Alexander Gizzo RECONVENE EXECUTIVE SESSION – Litigation – Alexander Gizzo Next regularly scheduled meetings – December 6, 2006& December 20, 2006 NOVEMBER 15, 2006 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 15, 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 Councilman Paul A. Winick ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Christina Battalia, Deputy Town Clerk WORK SESSION Amendment to PHA Administrative Plan Anna Danoy, PHA Administrator explained it was necessary to adopt an amendment to the original plan to be in compliance with new regulations. The Administrative Fee Reserves must have a plan – the fees have been cut by 15% since 2004, which was retroactive so we had to send back $35,000 of administrative fees of the $230,000 we had been given. Since the cutback we have dipped into our reserve funds and this year we will need $38,000. She said she is preparing a proposal which will outline access to administrative funds through a transfer of funds. She spoke about the minimum rent for families which is $50 per month, when a death or loss of job happens they can apply for a hardship exemption. When the circumstances change they are required to pay back the monies. Every year we have to recertify everyone, many offices do it through the mail but she prefers to meet with all the recipients personally. Board of Architectural Review There was a communication which stated that the City of New Rochelle has a paid architectural board. It is funded by the applicants. A discussion ensued. Illuminated Sign Law Councilman Winick said inside and outside signs are totally separate issues. The proposal is to ban neon signs, with a discussion on regulating the size, shape and color of signs or just saying no exterior neon signs. We then must discuss a requirement that interior signs must not be visible from the street. There was a discussion on sizes for non-illuminated signs. David Levere Mr. Levere said he was here to discuss rumble strips, one of which was put on the street in front of his house. He said the house is the first house after Durham Road going towards Scarsdale. Mr. Altieri explained that the Traffic Committee was approached about a problem with the sight line. The residents asked for a traffic signal or a stop sign. There is a directional there indicating a problem and since rumble strips are being used as a warning of something coming up, so they thought to try the same technique here. Mr. Levere said the sign says there is a hidden road ahead and is actually after the rumble strip. The strip is 20 feet away from his bedroom window. He did a Google search and learned that rumble strips are mostly not used because of the noise problems associated with them and are not appropriate near residences. The noise is driving him nuts, it keeps 2 NOVEMBER 15, 2006 him up at night. In his opinion the rumble strip is not solving any problem with the sight line. Supervisor O’Keeffe said if Mr. Levere had been given notice he could have attended the Traffic meeting and they may have come to a different conclusion. Councilwoman Seligson suggested the rumble strip be taken out and the matter be referred back to traffic. On motion of Councilman Winick, seconded by Councilman Odierna, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby authorize the Highway Department to initiate the immediate removal of the traffic rumble strips located in the eastbound lane of Fenimore Road approximately 50 feet west of the intersection of Durham Road and Fenimore Road; and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby request that this issue be readdressed at an upcoming meeting of the Traffic Committee for further review. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye Mr. Altieri said he would put this on the next traffic agenda. Use of Public Land for Displays and Signs (at Palmer & Weaver triangle) There was a discussion on the policy now and what it should be. Mr. Altieri said now the signs have to be no more than 4’ by 4’ and the organization has to file a letter with him. The Supervisor said she had been approached by someone to put up a menorah and she suggested that we put in electricity there. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at 8:25 PM. She then pointed out the location of exits. PRESENTATION - Westchester County Legacy Program Supervisor O'Keeffe welcomed County Legislator Judy Myers and Peter Neglia, Westchester County Parks Department. Judy Myers addressed the Board stating the County has been in contact with the Town of Mamaroneck and the Villages of Larchmont and Mamaroneck regarding the critical shortage of fields. She explained that the Legacy program was created by County Executive Andrew Spano as a way to preserve open space and add athletic areas. She added that a number of Westchester communities have availed themselves of this program. She would like to meet with the various planning boards to discuss a schedule for implementing this program. The Village of Larchmont will begin first as they are the most ready to proceed. As part of their proposed new field a piece of land belonging to the Town would need to be addressed, suggesting some form of a resolution would be required from the Town. She then discussed how the program works, specifically Towns and Villages “take back” County 3 NOVEMBER 15, 2006 roads in exchange for funding. The cost basis is $250,000. per mile of road. There is also an affordable housing component. Peter Neglia, of the Westchester County Parks Department said since the program began in 2001, 22 municipalities have contacted the County regarding the Legacy program. There was then discussion regarding types of fields costs involved and what types of fields other municipalities had done. There was discussion involving the County ownership of fields and how County funded fields have to open to all County residents. Municipalities may schedule the use of the fields. Supervisor O'Keeffe asked, if our teams are open to other areas would this be sufficient to meet that requirement. Mr. Neglia answered yes. Supervisor O'Keeffe said that the Town would proceed via discussion with our Town Attorney and prepare the required resolution in support of the Village of Larchmont participation in Legacy project. PUBLIC HEARING - Third Amendment to the Moratorium on Illuminated Signs The following notice of public hearing was entered into the record: PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, November 15, 2006 at 8:15 PM in Conference Room A, of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled “Third Amendment to the Moratorium on Illuminated Signs” Law. Section 1 - Purpose: The Town Board is concerned about the potential proliferation of brightly illuminated signs within the Town’s business and industrial districts. By Local Law No. 6-2006, it enacted a moratorium on the erection of new illuminated signs to afford the Town Board an opportunity to examine ways to control the erection of such signs. That moratorium expires on November 30, 2006. Since the moratorium went into effect, the Board has been studying ways in which such lighting can be controlled without creating an undue economic burden upon the Town’s commercial enterprises. The Board needs additional time to complete its examination. Hence, a short extension moratorium on the erection of illuminated signs is warranted. Section 2 - Amendment to a current section of the Code of the Town of Mamaroneck: Section 175-12 G of the Code of the Town of Mamaroneck hereby is amended by deleting the words “November 30, 2006” therefrom and substituting the words “February 28, 2007” in their place. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was unanimously opened. The Town Attorney explained this would extend the moratorium on new illuminated signs in the Town until the Board could further study and review its policy. The extension expires November 30, 2006. The Supervisor asked if anyone wished to speak on this matter – there was no reply. Councilwoman Seligson said this should be the last extension. Supervisor O’Keeffe thanked Councilman Winick and Mr. Meeker for their work on this signage project. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the public hearing was unanimously closed. 4 NOVEMBER 15, 2006 On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board finds that the adoption of the proposed local law regarding the Third Amendment to the Moratorium on Illuminated Signs is hereby declared to be a Type II action, with no impact under the New York State Environmental Quality Review Act (SEQRA) On motion of Councilman Winick, seconded by Councilwoman Wittner, the following Local Law was adopted: Local Law No. 16 - 2006 This local law shall be known as the “Third Amendment to the Moratorium on Illuminated Signs” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town Board is concerned about the potential proliferation of brightly illuminated signs within the Town’s business and industrial districts. By Local Law No. 6-2006, it enacted a moratorium on the erection of new illuminated signs to afford the Town Board an opportunity to examine ways to control the erection of such signs. The most recent extension of that moratorium expires on November 30, 2006. Since the moratorium went into effect, the Board has been studying ways in which such lighting can be controlled without creating an undue economic burden upon the Town’s commercial enterprises. The Board needs additional time to complete its examination. Hence, a short extension moratorium on the erection of illuminated signs is warranted. Section 2 --- Amendment to a current section of the Code of the Town of Mamaroneck: Section 175-12 G. of the Code of the Town of Mamaroneck hereby is amended by deleting the words “November 30, 2006” therefrom and substituting the words “February 28, 2007” in their place. Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Winick - Aye 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 Commissioner Odierna, seconded by Commissioner Wittner, the Board of Fire Commissioners was 5 NOVEMBER 15, 2006 unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O’Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: Paul A. Winick 1. FIRE CLAIMS Commissioner Seligson presented fire claims for authorization of payment, thereafter on motion of Commissioner Seligson, seconded by Commissioner Wittner, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller’s Office: AAA Emergency Supply Co. Inc. $ 499.75 AAA Emergency Supply Co. Inc. $ 130.00 AAA Emergency Supply Co. Inc. $ 47.95 AAA Emergency Supply Co. Inc. $ 45.00 American Gun & Uniform Supply Ltd. $ 415.82 Avaya $ 51.89 Battery Zone $ 108.30 Brewer’s Hardware $ 23.38 Cablevision $ 29.95 Con Edison $ 322.88 ESS Inc. $ 80.00 High Tech Car Wash $ 29.00 High Tech Car Wash $ 5.50 Ikon $ 175.30 Inter-State Diagnostic $ 7,090.50 O.S.P. Fire Protection $ 329.00 Pronto Printer $ 75.00 New Rochelle Restaurant Supply $ 666.80 R & F Trophies $ 167.10 Sound Shore Pest Control $ 130.00 Staples $ 820.20 Staples $ 479.96 Tri-City Auto Parts $ 56.49 Westchester Elevator $ 196.35 Total: $ 11,976.12 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 2. OTHER FIRE BUSINESS Commissioner Wittner summarized from the following report of Chief Mathew Pelosi as follows: I am extremely pleased to report that 24 of the 37 participants have already met the yearly requirements for 2006. Additionally we can expect to add 6 new members next year that have met the criteria for new members this year. Sadly, I must report that Ex-Chief William McDermott passed away in September. 6 NOVEMBER 15, 2006 The service awards were read by commissioner Wittner and on motion of Commissioner Wittner, seconded by Commissioner Seligson the following awards as presented by Chief Pelosi were accepted: 7 NOVEMBER 15, 2006 8 NOVEMBER 15, 2006 There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Seligson, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Amendment PHA Plan Mr. Altieri explained that the Town administers the Public Housing Agency. Each year the Department of Housing and Urban Development gives the Public Housing Agency monies. Sometimes those funds are exceeded. It is therefore recommended that the following amendment to the Public Housing Agency Administrative Plan be approved. It was noted that Anna Danoy, Director of Public Housing, attended the work session and further explained the purpose for this amendment in great detail. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was adopted: AMENDMENT PUBLIC HOUSING AGENCY ADMINISTRATIVE PLAN Administrative Plan Amendments (Required by HUD) 1. Administrative Fee Reserves HUD requires that the Town of Mamaroneck Administrative Plan contain a written policy on the use of Administrative Fee Reserves. The plan must state the PHA employees authorized to approve the use of funds in the Administrative Fee Reserve and the maximum amount that can be charged against the administrative fee reserve without the specific approval of the PHA board of commissioners or other authorized officials. The following policy statement is being recommended to the Town Board for approval as an amendment to the PHA Administrative Plan. Spending guidelines are consistent with the existing Town of Mamaroneck Administrative Manual. “The Town of Mamaroneck PHA presents an annual budget to the Town Board for review and approval. The PHA budget contains a line item entitled that projects the amount required to Administrative Fee Reserve Required fund administrative expenses in excess of administrative fees awarded to the PHA in the annual HUD Annual Contributions Contract (ACC). Due to annual fluctuations in the ACC, the is Administrative Fee Reserve Required considered an estimate. The PHA Director is authorized to charge up to the Board-approved amount each fiscal year against the Administrative Fee Reserve without further authorization. 2. Minimum Rents and Hardship Exemption HUD requires that the Town of Mamaroneck Administrative Plan contain a written policy on the Minimum Rent charged to a tenant, and the procedure for applying for a Hardship Exemption. “The Town of Mamaroneck PHA has established a minimum rent of $50 for tenants who cannot pay their share of the rent as determined in their most recent certification, due to changes in circumstances affecting income. 9 NOVEMBER 15, 2006 Under certain circumstances, tenants may apply for an exemption from paying the minimum rent because of financial hardship. The Town of Mamaroneck PHA will consider the family’s request on a case-by-case basis to determine if the family situation meets any of the following criteria defined in the federal regulations as circumstances that may constitute financial hardship. •The family has lost eligibility for or is awaiting an eligibility determination for a Federal, State, or local assistance program, including a family that includes a member who is a non-citizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for title IV of the Personal Responsibility and Work Opportunity Act of 1996; • The family would be evicted because it is unable to pay the minimum rent; • The income of the family has decreased because of changed circumstances, including loss of employment; • A death has occurred in the family and the family has incurred extraordinary expenses as a result; • Other circumstances determined by the Town of Mamaroneck PHA to have had a catastrophic effect on the family; or • Other circumstances determined by HUD. If a family requests a financial hardship exemption, the Town of Mamaroneck PHA must suspend the minimum rent requirement beginning the month following the family’s request for a hardship exemption until the Town of Mamaroneck PHA determines whether there is a qualifying financial hardship, and whether it is temporary or long term. If the Town of Mamaroneck PHA determines that a qualifying financial hardship exists, and that the qualifying hardship is temporary, the PHA will suspend the minimum rent for a 90-day period beginning the month following the date of the family’s request for a hardship exemption. At the end of the 90-day suspension period, the Town of Mamaroneck PHA will reinstate the minimum rent from the beginning of the suspension period. The family will be offered a reasonable repayment agreement, on terms and conditions established by the Town of Mamaroneck, for the amount of back rent owed by the family. If the Town of Mamaroneck PHA determines there is no qualifying financial hardship exemption, the Town of Mamaroneck will reinstate the minimum rent, including back rent owed from the beginning of the suspension. The family must pay the back rent on terms and conditions established by the Town of Mamaroneck PHA. If the Town of Mamaroneck PHA determines a qualifying financial hardship is long term, the Town of Mamaroneck PHA will exempt the family from the minimum rent requirements so long as such hardship continues. Such exemption shall apply from the beginning of the month following the family’s request for a hardship exemption until the end of the qualifying financial hardship. The family will be required to request continuation of the hardship exemption in writing and submit documentation to the PHA every 90 days until the family’s circumstances change. Families remain obligated to report all changes in circumstances to the Town of Mamaroneck PHA under the Town’s Interim Certification policy. Failure to do so may result in the family owing money to the PHA and the family will be required to enter into a repayment agreement in order to continue receiving housing assistance. The financial hardship exemption only applies to payment of the minimum rent as determined above. A hardship exemption may not be requested when the family has income from other sources, including a DSS shelter allowance. 10 NOVEMBER 15, 2006 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 2.Salary Authorizations Recreation On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, 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: Robert Borachek, Hommocks Park Ice Rink, Instructor, effective $9.50/hour, November 10, 2006. Michael Chiapparelli Jr.,, Hommocks Park Ice Rink, Instructor, $7/hour, effective November 10, 2006. Frank Commarade, Hommocks Park Ice Rink, Instructor, $10/hour, effective November 10, 2006. Scott Krenkel, Hommocks Park Ice Rink, Instructor, $6.50/hour, effective November 10, 2006. B. J. Michaeli, Hommocks Park Ice Rink, Instructor, $6/hour, effective November 10, 2006. Patrick Nadolske, Hommocks Park Ice Rink, Instructor, $7/hour, effective November 10, 2006. Peter Smith, Hommocks Park Ice Rink, Instructor, $7/hour, effective November 10, 2006. Scott Smith, Hommocks Park Ice Rink, Instructor, $10/hour, effective November 10, 2006. Alex Weisberger, Hommocks Park Ice Rink, Instructor, $9/hour, effective November 10, 2006. Hommocks Pool Shea Moriarty, Hommocks Pool, Lifeguard, $10.25/hour, effective November 6, 2006. EMS Lifeguard, $25/session, effective, November 6, 2006. Swim Instructor, $19/hour, effective November 6, 2006. Casey McGuire, Hommocks Pool, Swim Coach, $19/hour, effective November 6, 2006. John Saporito, Hommocks Pool, Lifeguard, $8/hour, effective November 6, 2006. Women’s Fitness Susan Gedan, Alternate Fitness Instructor, $35/session,effective November 6, 2006. Heike Rauls, , Alternate Fitness Instructor, $35/session,effective November 6, 2006. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 11 NOVEMBER 15, 2006 APPROVAL OF MINUTES September 20, 2006 October 4, 2006 September 20, 2006 On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from September 20, 2006 as amended. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye October 4, 2006 On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the Board minutes from October 4, 2006 as amended. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye REPORTS OF THE COUNCIL Councilman Odierna attended the Recreation meeting on November 14th. He noted that the Ice Rink is in full swing. There will be a Breakfast with Santa on December 24th. There are many more Friday Night activities, look for 2 for 1 coupons in the newspapers. He will attend the Tri Municipal Human Rights meeting next week. At the Interfaith Meeting there was a great discussion about immigration from 1800 to the present. Councilwoman Seligson attended the Veteran’s Day events. She was unable to attend the Zoning Board meeting as it was on the same night as the Town Board meeting. Board of Architectural Review will meet tomorrow (November 16th). Councilman Winick reported that the Town budget hearings were moving forward. The discussion of the Capital budget was last night. The Washington Square Parking Committee is continuing to meet and is making great progress trying to meet the parking needs in the area. Councilman Odierna asked about the progress regarding the light at the intersection of Myrtle Blvd. and No. Chatsworth, as well as the progress at the Larchmont Gardens Lake. Mr. Altieri responded that bids would go out November 27th and are due back on December th 18 for the intersection, adding the likely date for the Gardens Lake completion would be sometime in the spring of 2007. 12 NOVEMBER 15, 2006 Supervisor O’Keeffe wished everyone a happy Thanksgiving. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned into a work session at 9:50 PM. The meeting adjourned in memory of Betty Mack of Harmon Drive. Supervisor O'Keeffe said she was an example of selflessness, adding she was the recipient of the Senior Citizen of the Year Award in 2005. WORK SESSION - To Discuss Litigation Submitted by _________________________________ Patricia A. DiCioccio, Town Clerk F:\\Documents\\Minutes\\2006w\\11-15-06.Last.Doc 13