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HomeMy WebLinkAbout2003_11_05 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON NOVEMBER 5, 2003 AT 8:15 PM IN THE SENIOR CENTER OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers Councilman Ernest C. Odierna Councilwoman Nancy Seligson ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:25 PM, who then pointed out the location of exits. PRESENTATION - Human Rights Commission Robin Nichinsky, Chair of the Human Rights Commission, reported on the activities of the commission during the past year. She said they had added a new member, Frank Ferrari, bringing the total number of members to nine. She said there will be a youth award given to students who are involved in Human Rights and help the commission with the Martin Luther King celebration. She said they were sponsoring an event where the speaker will be Andrew Young on December 4t" at 7:30 PM at the High School. The Commission had issued a letter to the Board of Regents on the Cultural Bias of the Regents Exam. She submitted a written report. (At end of minutes). PUBLIC HEARINGS -a) Exemption - Boston Post Road Moratorium - application withdrawn b) Public Hearing -Amendment to Special Permit Procedures The Town Attorney explained this was to clean up the law, which was redundant with the procedures in place since there are new forms being used by the Department of Environmental Conservation. He said this had been brought to his attention by Elizabeth Paul, the Town's Environmental Coordinator. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the public hearing was unanimously opened. The Supervisor asked if anyone wished to speak on this amendment. There being no response, on motion of Councilwoman Seligson, seconded by Councilwoman Myers, the hearing was closed. November 5, 2003 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board of the Town of Mamaroneck does hereby find the amendment to special permit procedures to be a Type II action; and BE IT FURTHER RESOLVED, they declare the Town Board to be lead agency in this matter. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following local law was unanimously adopted: Local Law No. 19 -2003 This local law shall be known as the "Amendment of Procedures for Applying for a Special Permit in the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose. In the early 1980's when the Town Board enacted laws involving land use development in the Town of Mamaroneck, it created an environmental clearance form to be submitted as part of an application for a special permit. Since then, the Department of Environmental Conservation has promulgated new short and full environmental assessment forms which contain much of the same information as the Town's environmental clearance form, thereby making the Town's form superfluous. Accordingly, this local law ends this unnecessary duplication and paperwork by amending the Town's zoning code to delete the requirement for the submission of an environmental clearance form as part of the special permit application process. Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck Section 240-61 B. of the Code of the Town of Mamaroneck hereby is amended by deleting it in its entirety and substituting the following in its place: § 240-61. Applications; fees. B. All applications shall be accompanied by an environmental assessment form. Section 3 - Severability Should any court of competent jurisdiction declare any provision of this Local Law invalid or unconstitutional, 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 on the date that it is filed in the office of the Secretary of State 2 November 5, 2003 Ayes: Seligson, Odierna, Myers, Wittner, O'Keeffe Nays: None c) Public Hearing -Alternate Members of Zoning & Planning Boards The Attorney explained the purpose of the law. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the public hearing was unanimously adopted. RESOLVED, that the Town Board of the Town of Mamaroneck does hereby find the amendment to special permit procedures to be a Type II action; and BE IT FURTHER RESOLVED, they declare the Town Board to be lead agency in this matter. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Supervisor O'Keeffe asked if anyone wished to speak in favor of or against the local law. There being no one wishing to speak, on motion of Councilwoman Wittner, seconded by Councilwoman Myers, the public hearing was unanimously closed. On motion of Councilwoman Seligson, seconded by Councilwoman Myers, the following local law was unanimously adopted: Local Law No. 20 -2003 This local law shall be known as the "Supersession of Portions of Sections 267 (11) and 271 (15) of the New York Town Law" Law, also known as Alternate member positions to the Zoning Board of Appeals and to the Planning Board. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: Sections 267 (11) and 271 (15) of the New York Town Law authorize a Town Board to establish alternate member positions for the Board of Appeals and the Planning Board. Those sections restrict the service of alternate members to circumstances where regular members are "unable to participate because of a conflict of interest". The Town Board concludes that limiting the times when an alternate member can serve to situations where a conflict of interest exists is too restrictive and that an alternate member also should be allowed to act whenever a regular member is absent. Consequently, the Town Board hereby exercises the authority given to it by New York Municipal Home Rule Law section 10 [1] [ii] [d] [3] to supersede the portions of sections 267 (11) and 271 (15) of the New York Town Law set forth below so that the alternate members of the Town of Mamaroneck Board of Appeals and Planning Board can participate in a matter not only when a regular member has a conflict of interest but also when a regular member is absent. 3 November 5, 2003 Section 2 -Amendment to the Code of the Town of Mamaroneck (a) Section 240-89 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: § 240-89 Board of Appeals A. Supersession. Portions of section 267 (11) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 267 (11) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck. Section 267 11. Alternate members. (a) A town board may, by local law or ordinance, or as a part of the local law or ordinance creating the [zoning] board of appeals, establish alternate [zoning] board of appeals member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the [zoning] board of appeals shall be appointed by resolution of the town board for terms established by the town board. (b) [The Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the board.] When [so designated, the] an alternate member sits in the place of a regular member, the alternate member shall possess all the powers and responsibilities of such regular member of the board. Such designation shall be entered into the minutes of the initial [zoning] board of appeals meeting at which the substitution is made. (c) All provisions of this section relating to [zoning] board of appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members. B. Procedures Regarding Alternate Members (1) An alternate member shall substitute for a regular member of the Board of Appeals who is absent or is unable to participate in a matter before the Board of Appeals due to a conflict of interest. If the number of alternate members exceeds the number of regular members who are either absent or have a conflict of interest with respect to a particular matter, the Chairperson of the Board of Appeals shall select the alternate member(s) who will substitute for the absent regular member(s) or the regular member(s) with the conflict of interest. If the Chairperson is absent or is the member with the conflict of interest, the longest-tenured regular member of the Board of Appeals shall make this selection. (2) If an alternate member participates in a matter before the Board of Appeals, the alternate member shall possess all the powers and responsibilities of the regular member whom the alternate member shall have replaced. If an alternate member participates in a matter due to the absence of a regular member and at a subsequent meeting at which that same matter is heard, the regular member for whom the alternate member substituted is present, the regular member shall resume the position as a regular member of the Board of Appeals in connection with that matter. (b) Section 240-95 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: § 240-95 Powers of the Planning Board; Procedures Regarding Alternate Members A. Powers 4 November 5, 2003 The Planning Board shall continue to have all of the powers heretofore granted to it by the Town Board whether or not contained in the Code. B. Supersession Portions of section 271 (15) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 271 (15) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck. Section 271 15. Alternate members. a. A town board may, by local law or ordinance, or as part of the local law or ordinance creating the planning board, establish alternate planning board member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the planning board shall be appointed by resolution of the town board, for terms established by the town board. b. [The chairperson of the planning board may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the board.] When [so designated the] an alternate member sits in place of a regular member, the alternate member shall possess all the powers and responsibilities of such regular member of the board. Such designation shall be entered into the minutes of the initial planning board meeting at which the substitution is made. c. All provisions of this section relating to the planning board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members." C. Procedures Regarding Alternate Members (1) An alternate member shall substitute for a regular member of the Planning Board who is absent or is unable to participate in a matter before the Planning Board due to a conflict of interest. If the number of alternate members exceeds the number of regular members who are either absent or have a conflict of interest with respect to a particular matter, the Chairperson of the Planning Board shall select the alternate member(s) who will substitute for the absent regular member(s) or the regular member(s) with the conflict of interest. If the Chairperson is absent or is the member with the conflict of interest, the longest-tenured regular member of the Planning Board shall make this selection. (2) If an alternate member participates in a matter before the Planning Board, the alternate member shall possess all the powers and responsibilities of the regular member whom the alternate member shall have replaced. If an alternate member participates in a matter due to the absence of a regular member and at a subsequent meeting at which that same matter is heard, the regular member for whom the alternate member substituted is present, the regular member shall resume the position as a regular member of the Planning Board in connection with that matter. Section 3 - Severability: Should any provision of this local law be declared invalid or unconstitutional by a 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. 5 November 5, 2003 Ayes: Seligson, Odierna, Myers, Wittner, O'Keeffe Nays: None d) Public Hearing - Property Violations Law On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was: RESOLVED, that the Town Board finds that the adoption of the proposed local laws will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. On motion of Councilman Odierna, seconded by Councilwoman Myers, the following local law was unanimously adopted: Local Law No. 21 -2003 This local law shall be known as the "Removal of Violations" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: Not only are there numerous property owners who have been issued notices of violations or summonses for violating the New York State Building Codes or the Town Code, but there is an ongoing problem getting those owners to correct such violations. Moreover, under current law if for example, a notice of violation has been issued to a home owner for constructing a deck that violates the setback requirements of the zoning ordinance, that same home owner still is entitled to obtain a building permit to construct a garage on the property. The Town Board finds that there is a strong public interest in assuring that violations be cured. This law addresses the problem by requiring that such violations be corrected before the Director of Building Code Enforcement and Land Use Administration can issue any further building permits, certificates of completion, letters of compliance, certificates of occupancy (permanent or temporary) or letters indicating that the structures were built prior to the enactment of the zoning ordinance or the adoption of one or more of its provisions. Section 2 - Renumbering of a current section of the Mamaroneck Code: Section 106-52 of the Code of the Town of Mamaroneck hereby is renumbered 106-53. Except for its new number, all of the provisions of former section 106-52 of the Code of the Town of Mamaroneck shall remain in full force and effect. Section 3 - Enactment of a new section for the Mamaroneck Code The Code of the Town of Mamaroneck hereby is amended by adding the following section thereto: § 106-52. Existing violations preventing the issuance of other permits, certificates or letters. When a notice of violation or a summons has been issued with respect to a particular property for a violation of any provision of the New York State Building Codes or the Town Code and such violation has not been corrected, the Director of Building Code Enforcement and Land Use Administration shall not issue (1) any building permits, 6 November 5, 2003 certificates of completion, letters of compliance or certificates of occupancy (permanent or temporary) with respect to that property or(2) any letters indicating that the structures (as that term is defined in section 240-4) on that property were constructed prior to either the enactment of the zoning ordinance or the adoption of one or more of its provisions. This section shall not apply when a summons described in the preceding sentence has been dismissed by the Justice Court of the Town of Mamaroneck (or in the case of a summons heard by some other Court, the Court that adjudicated that summons). Section 4 - 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 5 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Ayes: Seligson, Odierna, Myers, Wittner, O'Keeffe Nays: None Public Hearing - Repeal of Office Building Zones On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was determined to be a type II action. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following local law was unanimously adopted: Local Law No. 22 -2003 This local law shall be known as the "Repeal of the Office Building Districts" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: Sections 240-28 and 240-29 of the Mamaroneck Code create the OB-1 and the OB-2 zoning districts. Although the purpose of these districts was to create a zone for business and professional offices, such uses are permitted in their Town's Business ("B") zoning district. Furthermore, there are no parcels of land within the Town of Mamaroneck in either the OB-1 or the OB-2 zoning district. Accordingly, there is no need for these zoning districts in the Town of Mamaroneck. The purpose of this local law is to eliminate the OB-1 and the OB-2 zoning districts from the Mamaroneck Code. Section 2 -Amendment and Repeal of Current Sections of the Mamaroneck Code: (a) Section 240-5 of the Code of the Town of Mamaroneck hereby is amended to delete therefrom the words: OB-1 Office Business District OB-2 Office Business District" (b) Section 240-28 of the Code of the Town of Mamaroneck hereby is repealed and that section shall be reserved for future legislation. 7 November 5, 2003 (c) Section 240-29 of the Code of the Town of Mamaroneck hereby is repealed and that section shall be reserved for future legislation. 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. Ayes: Seligson, Odierna, Myers, Wittner, O'Keeffe Nays: None BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 9:30 PM. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Myers presented fire claims for authorization of payment , thereafter on Commissioner Myers' motion, seconded by Commissioner Seligson, 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. $179.00 AAA Emergency Supply Co. 20.00 AAA Emergency Supply Co. 5077.30 AAA Emergency Supply Co. 289.20 AAA Emergency Supply Co. 31.00 AAA Emergency Supply Co. 16.50 AT&T 185.29 Ayaya 51.89 Bonnie Briar Country Club Inc. 5836.80 Brewer Hardware 96.13 Con Edison 155.00 Coyne Textile 35.65 Gloves Inc. 201.14 los Capital 186.43 8 November 5, 2003 Jennifer Mirabella 210.00 J & J Barish 552.12 Metro Truck Tire Service 110.00 Metro Truck Tire Service 75.00 Nextel 170.50 Poland Spring Water 27.55 R&L Consulting 101.36 Technical Electronics Inc. 847.20 Technical Electronics Inc. 30.00 Town Of Mamaroneck Professional Fire Fighters 220.08 Tri-City 165.46 United Water 212.99 Verizon 397.21 Verizon Wireless 12.79 Westchester Joint Water Works 100.00 911 Wear, Inc. 836.00 TOTAL $16,429.59 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye AFFAIRS OF THE TOWN 1. Resolution re: Cable TV Franchise Agreement Negotiations Councilwoman Myers explained authorization was being requested by the Cable TV Board of Control to begin the process of negotiations. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following Resolution was adopted: WHEREAS, on May 7, 2003 the Town of Mamaroneck received a letter on the letterhead of"Cablevision" asking the Town of Mamaroneck to commence the formal cable franchise renewal procedures required by the Cable Communications Policy Act of 1984, 47 U.S.C. s546, (the "Cable Act") and WHEREAS Cablevision also asked the Town of Mamaroneck to engage in informal cable franchise renewal negotiations; and WHEREAS, federal law requires the Town of Mamaroneck to "commence ...a proceeding not later than 6 months" after a proper written notice is received" for the purpose of(a) identifying the future cable-related needs and interests, and (b) reviewing the performance of the cable operator under" its franchise, but does not require it to commence such a proceeding if the notice is not properly submitted; and WHEREAS, there is some question as to whether the notice was sufficient, as it came from "Cablevision" and not from the franchisee itself, and 9 November 5, 2003 WHEREAS, the Town of Mamaroneck nonetheless finds that it would be in its interest to conduct a review of future cable- related needs and interests and to determine if any franchise issues can be resolved through negotiation and finds that the review should be structured so that it satisfies the requirements of the Cable Act's renewal requirements, if the cable Franchisee has properly activated them: NOW, THEREFORE, BE IT RESOLVED: Section I. The Larch mont-Mamaroneck Cable TV Board of Control is authorized to take appropriate steps to identify future cable-related needs and interests and to review the past performance of the cable franchisee in the Town of Mamaroneck. The Board is directed to provide the public notice and opportunity to participate in this process. Section 2. If the cable Franchisee has properly and timely activated 47 U.S.C. 546(a), Section 1 shall be treated as commencing the proceeding required by the Cable Act. Section 3. The Larch mont-Mamaroneck Cable TV Board of Control is authorized to take appropriate steps to determine whether franchise agreement issues can be resolved through negotiation, and to take steps to negotiate as directed by the Town of Mamaroneck. Ayes: Seligson, Odierna, Myers, Wittner, O'Keeffe Nays: None 2. Building Permit Fee Exemption - Town of Mamaroneck Fire Department Project The Administrator explained approval for exempting all building fees for the Fire Department would have to be approved by the Town Board. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following Resolution was adopted: RESOLVED, that the Town Board does hereby waive all building permit fees in the construction of the Fire Department Project. 3. Set Public Hearings - a) Ten Minute Parking Zone -Alden House Apartments b) Installation of Yield Sign - Howell Ave and Carleon Ave On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the "10 minute parking zone for Alden House" for December 3, 2003 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Board does hereby set the date for public hearing on installing a yield sign on Howell & Carleon Avenues for December 3, 2003 at 8:15 PM; and 10 November 5, 2003 BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 4. Salary Authorizations - Director of Community Services - Recreation Director of Community Services On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was On motion of Councilman Odierna, seconded by Councilwoman Seligson RESOLVED, that the Town Board does hereby authorize the payment of salary to Anna Danoy, in the amount of$58,000, effective November 5, 2003 for her services as Director of Section 8 Rental Assistance Program and Community Services Director. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECREATION On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that as provided for in the 2003 Town Budget the Town Board does hereby authorize the payment of salary to the following: Monique Dictus, Alternate Instructor, Women's Fitness, $40/session, effective 10/20/03. William Byron, Director, Open Gym Program, change in salary from $55/session to $60/session. John DeMatas, Supervisor, Open Gym Program, $40/session, effective 10/24/03. Christopher Byron, Supervisor, Open Gym Program, $40/session, effective 10/24/03. Stephanie Allen, Lifeguard, $11.25/hour, Swim Instructor, $20/hour, effective retroactive to 10/3/03. Melissa Weaver, Director, Bubble Babies, $17/session, effective retroactive to 10/3/03. Cliff Shapiro, Lifeguard, Hornmocks Pool, change of salary from $6.50/hour to $7.00/hour. Brett Moeller, Lifeguard, Hornmocks Pool, $8.75/hour, effective retroactive to 10/29/03. 11 November 5, 2003 Brian Nadolske, Alternate Skate Room Attendant, $7.50/hour, effective retroactive 10/3/03. Susan Geden, Alternate Instructor, Women's Fitness, $35/session, effective retroactive to 10/28/03. Bethann Bark, Alternate Instructor, Women's Fitness, $35/session, effective 11/4/03. ADDED ITEMS 5. Approval of Certioraris On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the following settlements of Certiorari as recommended by the Town Attorney: Limeida Corporation Block: 829 Lot: 33 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2002 $20,000 $4,000 $16,000 Town to refund about $60 - School District - $1,985 On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the following settlement of Certiorari as recommended by the Town Attorney: Anthony D'Agostino Block: 613 Lot: 68.1 Town of Mamaroneck/Village of Larchmont Year Assessment Amount of Reduction Reduced Assessment 2002 $53,350 $11,350 $42,000 Town to refund about $170 - School District - $5,635 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilman Odierna, seconded by Councilwoman Seligson RESOLVED, that the Town Board does hereby authorize the following settlement of Certiorari as recommended by the Town Attorney: Heleno and Maria Baptista 12 November 5, 2003 Block: 920 Lot: 527 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2002 $17,200 $3,000 $14,200 Town to refund about $50 - School District - $1,490 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Bridge Maintenance Resolution Mr. Altieri explained this was an ongoing discussion that has been taking place regarding the maintenance of bridges in the Village of Mamaroneck. All the attorneys have been meeting and have drafted a proposed agreement. He recommended adoption. On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board finds that the adoption of the proposed local laws will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. BE IT FURTHER RESOLVED, that the Town Board does hereby adopt "Stipulation of Settlement and Severing of Claims against third Party Defendants DOT and Thruway Authority" regarding bridge maintenance as proposed by the Town Attorney and recommended by the Town Administrator. 7. Set Meeting Date - Forest City Daly On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby set the date for the meeting with Forest City Daly representatives for November 11, 2003 at 12:30 PM in the Town Center. APPROVAL OF MINUTES -August 4, 2003 This was held over to the next meeting. A communication was received from Michael Liverzani, Ambulance District Administrator, which stated the following people had received Lifesaving Awards: 13 November 5, 2003 Joseph Feldman, Mamaroneck EMS From Larchmont VAC: Wendy Korotkin Robert Lunde Michael Roxbury Paramedics: Donald Grande Michael Liverzani Lyn-Ryder-Baumblatt The following received EMS Citations: Scott Glaessgen Kelly Belnick Noah Goldberg Brendan Collins The Supervisor noted the death of James Kronenberger, Former Superintendent of Recreation, and Dr. Winokur and Carl Verdeschi, requesting the meeting be adjourned in their memory. ADJOURNMENT On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the meeting was adjourned at 11:105 PM in memory of James Kronenberger, Former Superintendent of Recreation in the Town and Dr. Winokur and Carl Verdeschi. The Supervisor and Town Board members all expressed their sympathy and condolences to the families. Submitted by Patricia A. DiCioccio, Town Clerk 1 1ClerkserverlserverlDocumentslM inutes12003minf111-05-03x.doc 14