HomeMy WebLinkAbout2006_11_20 Town Board Minutes
Special Meeting November 20, 2006
Minutes of the Special Meeting of the Town Board of the Town of
Mamaroneck held on November 20, 2006 at 6:00pm in Conference
Room A of the Mamaroneck Town Center, 740 W. Boston Post Road,
Mamaroneck, NY.
PRESENT:
Supervisor Valerie M. O'Keeffe
Councilwoman Phyllis Wittner
Councilman Ernest C. Odierna
Councilwoman Nancy Seligson
Councilman Paul A. Winick
ALSO PRESENT:
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
Denis Brucciani, Town Comptroller
CALL TO ORDER
The special meeting of the Town Board was called to order by Supervisor O’Keeffe at 6:00
PM.
1. Community Counseling Center Budget
Ms. Jane Orans appeared before the Town Board to discuss the 2007 budget for the
counseling center. Ms. Orans expressed her appreciation for the Town Board’s past support
of the center. She further indicated that a decision had been made to withdraw the center’s
original request to increase the budget subsidy from $45,000 to $50,000. The Counseling
Center’s subsidy will therefore remain at $45,000 in 2007.
2. Emelin Theatre
Jill Casner Lotto of the Emelin Theatre appeared before the Town Board to discuss the
theater’s budget request for 2007. She shared with the Town Board information regarding
the activities at the theatre and the community events that are held at the theatre. The
Emelin Theatre requested that their budget subsidy from the Town be increased from $2,000
to $5,000. After discussion by the Board, it was agreed that the subsidy will be increased to
$4,000 in the 2007 Town Budget.
3. Human Rights Commission
The Town Board reviewed the letter submitted by April Farber, Chairman of the Human
Rights Commission. The Commission is requesting an increase in their budget from $1500
to $2000. Additional funding will cover expenses relating printing, mailing, Martin Luther
King Day event and speakers. Upon review the Town Board approved the increased funding.
4. Resolution Regulating Displays in the Public Forum of the Town of Mamaroneck
The Town Board reviewed the resolution prepared by the Town Attorney in regard to
regulations for displays in the Town’s public forum which is the triangle at the intersection of
Palmer Avenue and Weaver Street.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following
resolution was unanimously adopted:
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Special Meeting November 20, 2006
WHEREAS, the place known as the “Triangle” is the area formed by the
westerly side of Weaver Street, the northerly side of Palmer Avenue and the
easterly side of the lane that directs vehicular traffic heading south on
Weaver Street to the westbound lane of Palmer Avenue; and
WHEREAS, historically, although public assembly has not occurred in the
Triangle, the Triangle has been used as a location where displays have
been installed temporarily by organizations to advise the public of
community events; and
WHEREAS, the Courts have ruled that displays advocating beliefs are
forms of speech that are entitled to protection under the First Amendment
to the United States Constitution in much the same way as oral speech is
so protected; and
WHEREAS, the Courts also have held that publicly owned land where
displays historically have been placed are public forums where the public
may exercise its right to free speech; and
WHEREAS, with respect to the installation of displays, the Triangle is a
public forum; and
WHEREAS, because the Triangle is situated at one of the more heavily
traveled intersections in the Town, the Town always has regulated the
materials, the size, the placement and the duration of displays in the
Triangle so as to preserve safe and adequate sight lines for motorists
traveling on Weaver Street and Palmer Avenue; and
WHEREAS, the Town Board finds that to maintain safety for both the
drivers of motor vehicles who travel along, and pedestrians who cross
Weaver Street and/or Palmer Avenue in the vicinity of the Triangle, the
Town should continue to regulate the displays temporarily installed in the
Triangle and that the Town Board should promulgate specific regulations
to govern the matter.
NOW THEREFORE, BE IT
RESOLVED, that the following are the regulations for the installation of
displays within the Triangle:
A. For the purpose of this resolution,
(i) the term “displays” includes but is not limited to banners,
boards, depictions, drawings, flags, figures, pennants, pictures, posters,
renderings, signs, statues, symbols and like objects,
(ii) the term “organization” means
(a) civic groups, schools or entities which were
founded primarily for religious, charitable or educational purposes or for
the promotion of amateur sports or the performing arts, provided that the
foregoing have a principal place of business within either the
unincorporated area of the Town of Mamaroneck, the Village of Larchmont
or the Village of Mamaroneck, or
(b) candidates for elective offices, political committees
or political parties.
B. No display can be placed within the Triangle until a permit is
issued by the Town Administrator to the organization which wishes to
install that display. To obtain a permit, an organization shall submit a
request either in writing or by electronic mail to the Town Administrator or
designee which shall
(a) identify the organization,
(b) state the address of the organization’s principal
place of business,
(c) identify the event to be announced, or the occasion
to be commemorated by the display,
(d) describe the material out of which the display shall
be made and the method by which the display shall be affixed
to the ground,
(e) state the days on which the organization would like
the display to stand,
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Special Meeting November 20, 2006
(f) if the display contains words, set forth the words to
be written on the display,
(g) if the display contains depictions, drawings,
figures, pictures, renderings or symbols, describe such
items, and
(h) state whether the display shall be illuminated and
if so, the source of that illumination.
C. No display can be greater than four feet wide.
D. The highest point of a display cannot be more than five feet
above the surface of the Triangle.
E. No portion of a display shall move.
F. No display shall contain moving pictures on a screen or scroll.
G. No display shall contain words that scroll.
H. No portion of a display shall contain inflatable figures.
I. No portion of a display shall be animated.
J. A display may only be illuminated by an internal source.
K. Spotlights are not permitted.
L. Flashing lights are not permitted.
M. Displays shall not contain words, depictions, drawings, figures,
pictures, renderings, statues or symbols that are obscene.
N. No display shall be installed in a location within the Triangle
which obstructs the sight lines of motorists traveling on Weaver Street
and/or Palmer Avenue or the sight lines of pedestrians who cross Weaver
Street and/or Palmer Avenue in the vicinity of the Triangle.
O. No display shall be installed in a location within the Triangle
which prevents another display within the Triangle from being viewed by
motorists traveling on Weaver Street and/or Palmer Avenue or pedestrians
who cross Weaver Street and/or Palmer Avenue in the vicinity of the
Triangle.
P. If a display falls down, the organization either shall reinstall or
remove it. If the organization does neither, the Town may, but is not
required to, remove the display and advise the organization where it is
being kept. If the organization does not retrieve the display within three
business days thereafter, the Town may dispose of it.
Q. If a display is damaged, the organization either shall replace it
with an identical display or remove it. If the organization does neither, the
Town may, but is not required to, remove the display and advise the
organization where it is being kept. If the organization does not retrieve the
display within three business days thereafter, the Town may dispose of it.
R. The organization shall remove the display on the fifteenth day
after the day on which it was installed. If the organization does not do so,
the Town may, but is not required to, remove the display and advise the
organization where it is being kept. If the organization does not retrieve the
display within three business days thereafter, the Town may dispose of it.
S. Displays shall not contain advertising for commercial entities or
products.
T. If the display is to be illuminated by using the Town’s source of
electricity, the organization shall pay a fee of $25.00 to the Town to
reimburse the Town for using its source of electricity. The fee shall be
paid before the permit is issued.
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Special Meeting November 20, 2006
U. If the name of the organization is not contained within the
display, the organization shall place a sign within two feet of the base of
the display stating the following: “This display has been paid for, has been
installed and is being maintained solely by \[INSERT THE NAME OF THE
ORGANIZATION\];”
V. The Town of Mamaroneck, Village of Larchmont, Village of
Mamaroneck and the Mamaroneck School District shall be exempt from
these regulations; and
BE IT FURTHER,
RESOLVED, that other than the Triangle, there are no public forums in the
unincorporated area of the Town of Mamaroneck.
5. Executive Session
On motion by Councilwoman Seligson and second by Councilman Winnick it was
unanimously:
Resolved the Town Board will adjourn into executive session to discuss
matters relating to litigation.
The executive session was unanimously adjourned on motion made by
Councilwoman WIttner and second by Councilman Winnick
6. Salary Authorization – Recreation/Senior Services
The Town Administrator and Assistant to the Town Administrator presented
information in connection with a proposal to hire a person in the Recreation
Department that will assist with senior programming. The person will work with
both the Superintendent of Recreation and the Director of Community Services in
her capacity as Assistant Superintendent of Recreation.
On motion by Councilwoman Seligson and second by Councilman Winnick it was:
Resolved that the Town Administrator is hereby authorized to
hire Maria Gallagher to the position of Assistant
Superintendent of Recreation at an annual salary of $61,500
and the benefits outlined in Ms. Gallagher’s employment
agreement
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
7. 2007 Tentative Budget
The Town Administrator presented to the Town Board a memorandum listing a series of
proposed budget changes to be considered for preparation of the Preliminary Budget for
2007. It was pointed out that the Preliminary budget will be the subject of a public hearing
on December 6, 2006. After the hearing, the Town Board still has the opportunity to change
the budget up to the date of adoption which is December 20, 2006. The Board decided to
incorporate all of the changes listed in the Town Administrator’s memorandum. In addition
the transfer to the Capital Fund in the Highway Fund will be increased from $140,000 to
$220,000
8. Proposed Parking Deck – Lot #3
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Special Meeting November 20, 2006
The Town Board reviewed the design drawings submitted by FCD Mamaroneck for
the construction of the parking deck over lot #3 on Myrtle Boulevard. After review
the Town Board decided to select the design that illustrates arches between the
support beams. Also the Town Board selected the stairwell design with the
peaked roof. The Town Administrator was directed to advise FCD Mamaroneck of
this decision.
ADJOURNMENT
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was
unanimously adjourned.
Submitted by
_________________________________
Patricia A. DiCioccio, Town Clerk
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