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HomeMy WebLinkAbout2022_10_03 Town Board Minutes Town of Mamaroneck � Town Board Minutes r Monday, October 3, 2022, Conference Room C, Ground Floor of Town Center 5:00 PM PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft, Assistant to Town Administrator Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting opened at 5pm. Opening Carried WORK SESSION ITEMS 1. Request for Executive Session There was no Executive Session necessary, the Town Board moved directly to item number two. 2. Discussion - Property Tax Levy in Excess of the Limit Established in General Municipal Law The Town Administrator explained that a local law is necessary to authorize a property tax levy in excess of the limit established in General Municipal Law 3-c. The Administrator added that the tentative budget that will be discussed for next year, may or may not require the Town to exceed the tax cap. Even if the Board makes changes to that tentative budget to reduce it below the tax cap, the Administrator believes it is worthwhile to have the proposed local law in place. The Administrator added that this does not bind the Board in any way with regards to a final decision on the budget. Attorney Maker pointed out that the law will sunset after the budget is established, so the Board will not need to repeal the law. The Board agreed to set a date for a Public Hearing on the proposed law. 3. Discussion - Housing Authority Agreement Town Board October 3, 2022 The Town Administrator presented a proposed agreement for the Town with the Housing Authority. The Administrator explained that this agreement formalizes the relationship between the Town and the Housing Authority. The agreement includes a nominal charge for the secretarial and record keeping services that the Town currently provides and will continue to provide under the agreement. The Housing Authority is also meeting today, October 3rd, so the Administrator suggested the Housing Authority be given time to review the agreement prior to the Town Board taking further action. The Board asked about the Town's relationship with the Housing Authority. The Town Attorney clarified that the Housing Authority is organized as a separate entity. The Board wondered if the Housing Authority might present a quarterly update to the Town Board, similarly to what the Police Chief had done at the Town Board meeting of October 3rd. The Town Administrator and Town Attorney agreed to investigate for the Board. 4. Discussion - Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 The Town Supervisor explained that the attached Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022, was forwarded to her from Westchester County Executive George Latimer. The Supervisor highlighted many reasons the Town Board should support the Bond Act and requested the Board resolve to support passage of the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022. The Board agreed to vote to support with a Resolution later in the evening. 2022-10-03 Clean Water Bond Act copy 5. Discussion - Bid Award - TA-22-13 - Memorial Park Walkways & Sidewalk Replacement The Town Administrator explained that bid procurement was recently completed for the Memorial Park Walkways and Sidewalk Replacement (TA-22-13) and explained the scope of the project. Councilman King then described the refurbishment of the playground at Memorial Park expected to be completed in Spring of 2023. The Board discussed the possible benefits of the sidewalk project happening after, or in conjunction with, the playground refurbishment. The Town Board decided not to award the Memorial Park Walkways and Sidewalk Replacement bid at this time. 6. Discussion - Food Service Establishment Permit Renewals - Meals on Wheels and Senior Nutrition Program The Administrator presented the Board the Westchester County Department of Health Permit to Operate Renewal Application, explaining it is a requirement to operate both the Town's Senior Nutrition Program, held at the Senior Center, as well as the Meals on Wheels Program. The Administrator noted that the current permit to operate these food services is expiring and the Town must now submit a renewal application and complete the Certificate of Resolution for Authorization by the Town Board in order to continue the programs. 7. Discussion - Tree Law The Town Supervisor recapped the proposed revisions to the Town's Tree Law as discussed at the Town Board Work Session on July 20, 2022. Attorney Maker agreed to prepare a revised Tree Law, incorporating the proposed changes. 8. Updates The Town Supervisor reviewed the next steps for REALM's proposed monument at the Town center, noting that ideally it be smaller in scale and more subdued. The Town Board October 3, 2022 Board discussed REALM's idea to perhaps build the monument into the side of the hill at the Town Center. Councilman King noted the monument to the enslaved laborers at the University of Virginia and Councilwoman Nichinsky noted the Holocaust Memorial at WJC -- both of which are built into the ground. The Supervisor will request renderings of the options for review by the Town Board. (For additional information, please see Attachment A, an email from Judy Silberstein to the Town Supervisor and Town Board.) The Town Supervisor introduced the idea of a 25 mile per hour speed limit in the Town, now possible with the New York State Legislation (A.1007-A/S.2021-A) authorizing municipalities to reduce speed limits to 25 miles per hour. The Board briefly discussed the pros and cons of moving to the reduced speed, and then requested that the Town Administrator provide an estimate of the cost to replace the speed limit signs throughout the Town. The Board requested an update on the Weaver Street Sidewalk and requested confirmation of where the sidewalk begins and ends. The Board noted ongoing issues with iCompass on the iPads. The Board requested an automatic email be sent when the agenda has been posted and when an item is updated or changed. The Town Administrator confirmed that going forward, the Board will receive an email to alert them when an agenda has been posted. If any changes are then made to the agenda, another email will be sent letting the Board know what has been changed and providing any related attachments. The Town Supervisor invited the Board to the New York Rangers event at the Hommocks Ice Rink on October 28th. The Supervisor also invited the Board to the Fire Department Halloween candy distribution on October 31 st at 5pm. Councilman King requested that the Board consider setting up a scholarship fund for low-income students and, or new students to attend Friday night skate and cover skate rentals as well. Councilman King suggested that a scholarship or funds could be based on a predetermined income threshold developed in conjunction with school social workers. The Town Administrator agreed to research the idea. 9. Changes to Regular Meeting Agenda The Board agreed to remove item number four in Affairs of the Town on the agenda for the Regular Meeting; the Board will not award the bid tonight. The Board also agreed to move Public Hearing number one to Affairs of the Town number eight, to set a Public Hearing for October 19th. 8:00 PM THE TOWN BOARD REGULAR MEETING The Town Board meeting convened in Conference Room C, located on the first floor of the Town Center. The Public was able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.orq. CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT Town Board October 3, 2022 Welcome to the October 3, 2022, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room D starting at 5:OOpm, which is open to the Public. Comprehensive Plan: This phase of the public comment period has been completed. Now the consultants are drafting the framework for the comprehensive plan which will be reviewed by the Comprehensive Plan steering committee and the Town Board. After that, there will be an opportunity for further public review so stay tuned. Seasonal Changes: Now that it's fall, there are some seasonal changes to the Town Services that are coming up: Organic Collection (leaves, twigs, grass) by the sanitation staff ends on October 31 . After that, organics can be brought down to the sanitation yard. Leaf Collection by the highway department starts October 15 The seasonal Leaf Blower Ban in effect from June 1 ended on September 30 for the season. Paving: We have completed our paving for the season—the roads affected are looking really g reat. In addition, we completed the repaving and landscaping of the Senior Center Parking Lot. The paving was completed partially with CDBG grant funds and the landscaping was completed partially with a grant from the Garden Club. It really looks terrific! Events: • On Thursday, September 22, Meredith, and I attended by zoom a meeting with the County where we discussed the possibility of sewer consolidation, meaning that the county would take over the operation of the sewer system. This would be beneficial because it is a service that would be more efficiently addressed on a regional level. More to follow.... • On September 28, I attended a Westchester Joint Waterworks Meeting where the Trustees determined that the Final Environmental Impact Statement in connection with the construction of the new water filtration plant is complete. The next step is the WJWW board will consider adoption of findings, the last step of the environmental review process. SEQRA. Then any local (Harrison Planning Board/County Legislators for land swap)/state (DOH, DEC, DEP) /federal (FAA, EPA) agency with approval or permit authority over the project can begin their review. • October 1, 2022, Sadly the Food Truck Festival had to be cancelled due to inclement weather. Unfortunately, we were unable to provide a rain date because all of the Food Trucks are booked solid, so they weren't able to make a rain date. • October 2, 2022, I attended an Intergenerational Walk hosted by At Home on the Sound at Harbor Island Park. While the weather wasn't perfect, the park was still beautiful, and it is always great to be outdoors enjoying the many parks available in our community. Next item on the agenda is public hearings. PUBLIC HEARING(S) The following Notice of Public Hearing is entered into the record as follows: 1. Amendment of the Cost for Renewing Building Permits Because of a delay in posting this Public Hearing, the Board agreed to move this to Affairs of the Town, item number eight, in order to post a Public Hearing for Wednesday, October 19, 2022, at 8pm. 2. Model Code for Flood Damage Prevention Law The following Notice of Public Hearing is entered into the record as follows: Town Board October 3, 2022 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Monday, October 3, 2022, at 8:00 PM or as soon thereafter as is possible, to consider the "Flood Damage Prevention" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages, the State of New York has promulgated a model law. This local law will adopt that model law. You may also view the meeting on local municipal access television (Cablevision 75, 76,77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 27, 2022 Moved by Councilman King, seconded by Councilwoman Katz the Public Hearing was unanimously opened. Carried Entered into the record, attached email from Ralph Engel. There were no other public comments. Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz the Public Hearing was unanimously closed. Carried Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky the following local law on 'Flood Damage Prevention' was approved: This Local Law No. 4 - 2022 This local law shall be known as the "Flood Damage Prevention"law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: The potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: Town Board October 3, 2022 destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages, the State of New York has promulgated a model law. This local law adopts that model law. Section 2—Amendment of a current section of the Mamaroneck Code.- Chapter 110 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place.- Chapter 110 Flood Prevention §110-1 Findings §110-2 Statement of purpose §110-3 Objectives §110- 4 Definitions General Provisions §110-5 Lands to which this chapter applies §110-6Basis for establishing the areas of special flood hazard §110-7 Interpretation and conflict with other laws §110-8 Severability §110-9 Penalties for non-compliance §110-10 Warning and disclaimer of liability Administration §110-11 Designation of the local administrator §110-12 The floodplain development permit §110-13 Duties and responsibilities of the local administrator §110-14 General construction standards §110-15 Subdivision proposals §110-16 Encroachments §110-17 Standards for all structures §110-18 Storage tanks §110-19 Residential structures (Elevation) §110-20 Non-residential structures (Elevation) §110-21 Manufactured homes and recreational vehicles §110-22 Accessory structures including detached garages Variance Procedure §110-23 Appeals board §110-24 Conditions for variances §110-1 FINDINGS The Town Board of the Town of Mamaroneck finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. §110-2 STATEMENT OF PURPOSE It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities, Town Board October 3, 2022 (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction, (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters, (4) control filling, grading, dredging and other development which may increase erosion or flood damages, (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and (6) qualify and maintain for participation in the National Flood Insurance Program. §110-3 OBJECTIVES The objectives of this chapter are: (1) to protect human life and health, (2) to minimize expenditure of public money for costly flood control projects, (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public, (4) to minimize prolonged business interruptions, (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard, (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas, (7) to provide that developers are notified that property is in an area of special flood hazard, and (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. §110-4 DEFINITIONS Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory Structure" is a structure used solely for parking (two-car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10 percent of the value of the primary structure, and may not be used for human habitation. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding"means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel Town Board October 3, 2022 does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard"is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. For purposes of this chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" see "Structure" "Cellar" has the same meaning as 'Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. "Development"means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non-basement building (i) built, in the case of a building in Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building"also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood"or "Flooding"means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood"or "flooding"also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, Town Board October 3, 2022 or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)"means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)"means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" see "flood elevation study "Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding'). "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. "Floodway" - has the same meaning as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: Town Board October 3, 2022 (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the Town Board to administer and implement this chapter by granting or denying development permits in accordance with its provisions. "Lowest floor"means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home". "New construction"means structures for which the "start of construction"commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. "One-hundred-year flood" or "100-year flood" has the same meaning as "Base Flood". "Principally above ground"means that at least 5/percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle"means a vehicle which is: (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projections, (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 110-13 B of the Code. "Start of construction" means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of Town Board October 3, 2022 construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure"means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage"means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction"of the improvement. The term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's contin-ued designa-tion as a "Historic structure". "Variance"means a grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. "Violation"means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. GENERAL PROVISIONS §110-5 LANDS TO WHICH THIS CHAPTER APPLIES This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Mamaroneck. §110-6 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Mamaroneck, Community Number 360917 are identified and defined on the following documents prepared by the Federal Emergency Management Agency: 1 . Flood Insurance Rate Map Panel Numbers: 36119C0332F, 36119C0334F, 36119C0342F, 36119C0351 F, 36119C0353F, 36119C0361F Town Board October 3, 2022 whose effective date is September 28, 2007, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. 2. A scientific and engineering report entitled "Flood Insurance Study, Westchester County, New York, All Jurisdictions"dated September 28, 2007. 3. Letter of Map Revision (LOMR), Case No.: 22-02-0217P, effective December 1, 2022, revising FIRM panel: 36119C0342F, dated September 28, 2007. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at: 740 West Boston Post Road, Mamaroneck, NY 10543. §110-7 INTERPRETATION AND CONFLICT WITH OTHER LAWS This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. §110-8 SEVERABILITY The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §110-9 PENALTIES FOR NON-COMPLIANCE No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Mamaroneck from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under section 110-23 and section 110- 24 of the Code will be declared non-compliant and notification sent to the Federal Emergency Management Agency. §110-10 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Town Board October 3, 2022 Mamaroneck, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under. ADMINISTRATION §110-11 DESIGNATION OF THE LOCAL ADMINISTRATOR The Building Inspector or in the absence of a Building Inspector, the Director of Building Code Enforcement and Land Use Administration is the Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. The Local Administrator may designate a person to act as the Local Administrator in connection with any matter to which this chapter applies. §110-12 THE FLOODPLAIN DEVELOPMENT PERMIT 4. PURPOSE A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in section 110-6 of the Code without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimen-sions, and eleva-tions of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. B. FEES All applications for a floodplain development permit shall be accompanied by an application fee of $ 250.00. In addition, the applicant shall be responsible for reimbursing the Town of Mamaroneck for any additional costs necessary for review, inspection, and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. C. APPLICATION FOR A PERMIT The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. (4) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, of the lowest floor(including basement or cellar) of any new or substantially improved non-residential structure to be located in Zones Al-A30, AE, orAH or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Town Board October 3, 2022 Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. (4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in section 110-17 C of the Code (UTILITIES). (5) A certificate from a licensed professional engineer or architect that any non- residential floodproofed structure will meet the floodproofing criteria in section 110-20 of the Code (NON-RESIDEN-TIAL STRUCTURES— ELEVATION). (6) A description of the extent to which any watercourse will be altered or relocated because of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in section 110-6 of the Code, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. (7) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be in an area of special flood hazard may result in physical damage to any other property. (8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. §110-13 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to the following. 4. PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit.- (4) Review all applications for completeness, particularly with the requirements of section 110-12 1 of the Code (APPLICATION FOR A PERMIT) and for compliance with the provisions and standards of this law. (2) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of sections 110-14 through and including 110-22 of the Code and, in particular, sub- section 110-15 (SUBDIVISION PROPOSALS). (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of sections 110-14 through and including 110-22 of the Town Board October 3, 2022 Code, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. B. USE OF OTHER FLOOD DATA (4) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to section 110-121 (7) of the Code, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law. (3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in section 110-6 of the Code, the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards. C. ALTERATION OF WATERCOURSES (4) Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Administrator, Region 11, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin-ished. D. CONSTRUCTION STAGE (4) In Zones A 1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recre-ational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. Town Board October 3, 2022 E. INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. STOP WORK ORDERS (4) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in section 110-9 of the Code. (2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in section 110-9 of the Code. G. CERTIFICATE OF COMPLIANCE (4) In areas of special flood hazard, as determined by documents enumerated in section 110-6 of the Code, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in section 110-13 1 of the Code (INSPECTIONS), and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. INFORMATION TO BE RETAINED The Local Administrator shall retain and make available for inspection, copies of the following: (4) Floodplain development permits and certificates of compliance, (2) Certifications of as-built lowest floor elevations of structures, required pursuant to section 110-13 (D) (1) and section 110-13 (D)(2) of the Code, and whether or not the structures contain a basement, 1 . Floodproofing certificates required pursuant to section 110-13 (A) of the Code and whether or not the structures contain a basement, (4) Variances issued pursuant to sections 110-23 and 110-24 of the Code, and (5) Notices required under section 110-13 1 of the Code (ALTERATION OF WATERCOURSES). §110-14 GENERAL CONSTRUCTION STANDARDS Town Board October 3, 2022 The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in section 110-6 of the Code. §110-15 SUBDIVISION PROPOSALS The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage, (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage, and (3) Adequate drainage shall be provided to reduce exposure to flood damage. §110-16 ENCROACHMENTS (4) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements, or other development (including fill) shall be permitted unless: (4) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Mamaroneck for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in section 110-6 of the Code, no new construction, substantial improvements, or other development in the floodway (including fill) shall be permitted unless: (4) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in anv increase in flood levels during occurrence of the base flood, or, (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Mamaroneck for all costs related to the final map revisions. (3) In Zones A 1-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the Town shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. §110-17 STANDARDS FOR ALL STRUCTURES Town Board October 3, 2022 The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in section 110-6 of the Code. 4. ANCHORING New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. B. CONSTRUCTION MATERIALS AND METHODS (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones Al-A30, AE, AO or A, new and substantial-ly improved structures shall have fully enclosed areas below the lowest floor that are use-able solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed profes-sional engineer or architect or meet or exceed the following minimum criteria: (4) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding, (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade and; (iii) openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. C. UTILITIES (4) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations. (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Town Board October 3, 2022 (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with auto-matic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. 2. On-site waste disposal systems shall be located to avoid impairment to them or contamina-tion from them during flooding. §110-18 STORAGE TANKS 1 . Underground tanks shall be anchored to prevent flotation, collapse, and lateral movement during conditions of the base flood. 2. Above-ground tanks shall be: a. anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or, b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in section 110-6 of the Code plus two feet. §110-19 RESIDENTIAL STRUCTURES (ELEVATION) The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the require-ments in section 110-15 (SUBDIVISION PROPOSALS), section 110-16 (ENCROACHMENTS), and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code. (4) Within Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (2) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: a. Obtain and reasonably use data available from a federal, state, or other source plus 2 feet of freeboard or 4. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be undertaken by a registered design professional who shall be documented that the technical methods used reflect currently accepted engineering practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (3) Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in section 110-6 of the Code plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed struc-tures on slopes. §110-20 NON-RESIDENTIAL STRUCTURES (ELEVATION) Town Board October 3, 2022 The following standards apply to new and substantially improved commercial, industrial, and other non-residential structures located in areas of special flood hazard, in addition to the requirements in section 110-15 (SUBDIVISION PROPOSALS), section 110-16 (ENCROACHMENTS) and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code. (4) Within Zones A 1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either: (4) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation, or (ii) be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substan-tially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) Within Zone AO, new construction and substantial improvements of non- residential structures shall: (4) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in section 110-20 (1)(ii) of the Code. (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of section 110-20 (1)(ii) of the Code, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 1 . Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §110-21 MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in section 110-14 (GENERAL STANDARDS) and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code apply, as indicated, in areas of special flood hazard to manufactured homes and to recre-ational vehicles which are located in areas of special flood hazard. (4) Recreational vehicles placed on sites within Zones A 1-A30, AE and AH shall either: (4) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or Town Board October 3, 2022 (iii) meet the requirements for manufactured homes in section 110-21(2), (3) and (4) of the Code. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones Al-A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in section 110-6 of the Code plus two feet (at least three feet if no depth number is specified). (4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with section 110-17 (A) of the Code (ANCHORING). §110-22 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in section 110-6 of the Code. (4) Within Zones Al-A30, AE, AO, AH, A, accessory structures must meet the standards of section 110-17 (A) of the Code (ANCHORING), (2) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, areas below two feet above the base flood elevation shall be constructed using methods and practices that minimize flood damage. (3) Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (4) Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters in accordance with section 110-17 (B) of the Code. (5) Utilities must meet the requirements of section 110-171 of the Code (UTILITIES). VARIANCE PROCEDURE §110-23 APPEALS BOARD (4) The Planning Board as established by the Town of Mamaroneck shall hear and decide appeals and requests for variances from the requirements of this chapter. (2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter. Town Board October 3, 2022 (3) Those aggrieved by the decision of the Planning Board may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Planning board, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and (4) the danger that materials may be swept onto other lands to the injury of others, (ii) the danger to life and property due to flooding or erosion damage, (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, (iv) the importance of the services provided by the proposed facility to the community, (y) the necessity to the facility of a waterfront location, where applicable, (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage, (vii) the compatibility of the proposed use with existing and anticipated development, (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area, (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles, (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding, (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of section 110-23 (4) of the Code and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. §110-24 CONDITIONS FOR VARIANCES (4) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xii) in section 110-23 (4) of the Code have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that Town Board October 3, 2022 (4) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure", and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances may be issued by a community for new construction and substantial improvements and for other develop-ment necessary for the conduct of a functionally dependent use provided that.- (4) the criteria of section 110-24 (1), (4), (5) and (6) of section 110-24 of the Code are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justifi-cation of- (4) a showing of good and sufficient cause,- (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing this chapter or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (4) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in section 110-13 (H) of the Code. 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. Town Board October 3, 2022 Carried 3. Revision of Chapter 99 of the Code of the Town of Mamaroneck The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Monday, October 3, 2022 at 8:00 PM or as soon thereafter as is possible, to consider the "Revision of Chapter 99 of the Code of the Town of Mamaroneck" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: This local law regarding the use of property in the unincorporated area of the Town for filming productions or taking photographs to be used for commercial purposes was adopted in 1997. This law updates the existing law and continues to allow, but regulate, the use of property for filming advertising, motion-pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere with the day-to-day activities of the Town's residents and merchants. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 27, 2022 Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz the Public Hearing was unanimously opened. Carried There were no public comments. Moved by Councilman King, seconded by Councilwoman Katz the Public Hearing was unanimously closed. Carried Moved by Councilman King, seconded by Councilwoman Fiddelman On motion of Councilman King, seconded by Councilwoman Fiddelman, the following local law was approved.- Local Law No. 5 - 2022 This local law shall be known as the "Revision of Chapter 99 of the Code of the Town of Mamaroneck"law. Town Board October 3, 2022 Section 1 — Purpose: This local law regarding the use of property in the unincorporated area of the Town for filming productions or taking photographs to be used for commercial purposes was adopted in 1997. This law updates the existing law and continues to allow, but regulate, the use of property for filming advertising, motion-pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere with the day-to-day activities of the Town's residents and merchants. Section 2— Repeal and Replacement of a current chapter of the Mamaroneck-Code.- Chapter 99 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Chapter 99 Filming § 99-1. Intent &99-2 Definitions &99-3 License required §99-4 Application for license §99-5 Action by the Administrator &99-6 General requirements §99-7 Limitation on filming §99-8 License fee §99-9 Insurance and bond §99-10 Appeals §99-11 Suspension or revocation of license §99-12 Penalties for offenses §99-13 Enforcement § 99-1. Intent. It is the intent of the Town Board to allow, but regulate, the use of property within the unincorporated area of the Town for filming advertising, motion-pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere, with the day-to-day activities of the Town's residents and merchants. 99-2 Definitions. As used in this section, the following terms shall have the meanings indicated: ADMINISTRATOR The Town Administrator or a person designated by the Town Administrator. FILMING The recording, by any medium, of advertising, motion-pictures, television shows, productions that can be viewed on computers, telephones or other devices and the taking of photographs to be used in commercial enterprises. Notwithstanding the previous sentence, "filming" does not include recordings done by or on behalf of the Town Board October 3, 2022 Town, the coverage of news, political, cultural, local sports or school events or the recording of public service announcements. LICENSEE Any person or entity whose application fora license under this chapter has been approved. PUBLIC PROPERTY Any property located within the unincorporated area that is owned or leased by the Town of Mamaroneck or that the Town of Mamaroneck has the right to use. UNINCORPORATED AREA The unincorporated area of the Town of Mamaroneck. 99-3 License required. No person or entity shall film in the unincorporated area on either public or private property, unless a license is issued pursuant to this chapter. 99-4 Application for license. The license prescribed by this chapter shall be issued by the Administrator. An application therefor shall be filed in the office of the Administrator at least seven (7) days before the first day proposed for filming. It shall be on a form containing such information as may be determined by the Administrator. At a minimum, the application shall require (i) the proposed location for the filming, (ii) the proposed production schedule, (iii) a description of any activities where there is a risk of injury, such as car chases, jumps or falls from windows or roofs, fighting, the use of weapons or like activities, (iv) a statement of whether explosives will be used and if so, where the explosives will be stored, and (v) a list of all vehicles that will be used during filming or will be driven by the persons engaged in the filming. After reviewing the application, the Administrator may request such additional information that in the Administrator's sole judgment is necessary to determine whether to issue the license. 99-5 Action by the Administrator. A. The Administrator may approve or deny any application or place conditions or limitations on a license if filming on the dates and at the times requested would conflict with other scheduled events in the area , would be detrimental to the community because of anticipated excessive noise, excessive illumination, unreasonable disruption of traffic, potential danger to persons or property that could be caused by the proposed filming, or would unduly interfere with the day-to-day activities of the Town's residents or merchants or would otherwise interfere with public health, safety and welfare. B. If the application is approved, the Administrator shall issue a license which shall specify the days, the hours and the location for filming and contain the conditions and limitations, if any, imposed by the Administrator. C. The filming shall adhere strictly to the information and representations contained in the application, the submissions that accompany the application when it is made and any other information submitted to the Administrator. 99-6 General requirements. A. Prior to the first day of filming, the licensee must give written notice of the filming to properties that are contiguous to the location of the filming and to residents within one hundred (100) feet of that location. Town Board October 3, 2022 B. The filming shall be conducted so as not to interfere with access to fire lanes. No objects shall not be placed within fifteen (15) feet of fire hydrants or in passageways leading to fire escapes or fire lanes. Accessible parking spaces shall be kept free of objects. C. Any costs that are incurred by the Town by reason of the filming shall be borne by the licensee. The Administrator may estimate such costs and require the licensee to pay the amount of the estimate before filming commences. § 99-7 Limitation on filming. No more than fifteen (15) days of filming shall occur on private property or on streets lying within the R-TA, R-A, R-GA, R-2F, R-6, R-7.5, R-10, R-15, R-20, R-30 or R-50 zoning districts in any calendar year. Upon a showing of undue hardship, the Town Administrator may allow filming to occur at a property for up to eighteen (18) days in a calendar year. 99-8 License fee. The fees for applying for, and for a license itself are listed in section A-250-1 of the Code. The Town of Mamaroneck, the Mamaroneck Union Free School District, the United States, the State of New York and the County of Westchester shall be exempt from such fees. 99-9 Insurance and bond. A. The license shall not be issued until the licensee furnishes an insurance policy in an amount not less than $1,000,000 indemnifying and holding harmless the Town of Mamaroneck, its officers, agents and employees from and against any claim, loss or damage that occurs during filming and for the payment of all damages for death, personal injury or property damage which may occur during filming by acts or omissions of the licensee, its agents, employees, contractors or subcontractors. The insurance policy shall comply with the Minimum Insurance Requirements for Permits & Use of Property within the Town of Mamaroneck promulgated from time to time by the Town Administrator. B. In addition, the applicant must produce certificates of insurance showing that it is insured against any claim, loss or damage which may occur during filming and for the payment of all damages for death, personal injury or property damage which may occur during filming by acts or omissions of the licensee, its agents, employees, contractors or subcontractors. Such certificates also shall be approved by the Town Attorney. Further, the Town Administrator may require the posting of a bond in an appropriate case sufficient in amount to ensure that public property and any private property, other than the private property where the filming will take place, is restored to its condition prior to filming. 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision to a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not supported by substantial evidence. 99-11 Suspension or revocation of license. A.The Administrator may suspend or revoke a license issued pursuant to this chapter for any of the following reasons: Town Board October 3, 2022 (1) Failure when filming to adhere to the information and representations contained in the application for the license, the submissions that accompany the application when it is made and any other information submitted to the Administrator, or (2) Failure to adhere to the conditions imposed upon the license by the Administrator, or (3) Disorderly conduct, conduct detrimental to the health and safety of others or conduct constituting a breach of the public peace by the licensee, its agents, employees, contractors or subcontractors, or (4) Violation by the licensee, its agents, employees, contractors or subcontractors of any law or ordinance or any rule or regulation B. Notice of the suspension or revocation of a license may be given orally to the licensee or the person in charge of the filming, by electronic communication or in writing to the licensee at the address given by the licensee for such communication. C.The suspension or revocation of a license shall bar such licensee from applying for a new license within one year from the date of revocation. D. If a license is suspended or revoked, the applicant shall not be entitled to a refund of any portion of the license fee. 99-12 Penalties for offenses. It shall be an offense for any person, firm or corporation to violate or to fails to comply with any provision of this chapter or any rule or determination made thereunder, or to undertake filming in the unincorporated area without first securing a license therefor. A person who commits such offense shall upon conviction, be punished by a fine of$250. Each day that a violation occurs shall be deemed a separate offense. 99-13 Enforcement. This chapter shall be enforced by Town Administrator, the Deputy Town Administrator, the Building Inspector, any Assistant Building Inspector, any Code Enforcement Officer, the Director of Building Code Enforcement and Land Use Administration, the Fire Inspector or any police officer. Section 3—Amendment of an existing section of the Mamaroneck Code.- Section A250-1 of the Code of the Town of Mamaroneck hereby is amended by deleting the entries therein for§ 99-6A and§ 99-6B and inserting the following entries between the entries for§ 95-30A and§ 106-20A: Code Subject Fee or Deposit Section § 99-8 Fee to apply for a license to film $500.00 License fee for filming on public $1.200.00 per day or any portion property thereof License fee for filming on private $1,000.00 per day or any portion property thereof 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. September 23, 2022 Town Board October 3, 2022 RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience had any comments for the Town Board. Cathy Sears, on behalf of the Larchmont Gardens Civic Association (LGCA), who resides on Hickory Grove Drive West, addressed the Board. Ms. Sears noted that she saw Town employees out trimming trees earlier in the day, which was terrific. She thanked the Board for the work the Town had completed on the catch basin, although noted earlier today she saw a large tree limb in the basin that needs to be removed. Ms. Sears asked the Board if there was a plan for dredging the catch basin. Administrator Robson reported that dredging the catch basin is planned for 2024 and noted that the Town had just completed the dredging of the forebay. Ms. Sears then requested an update on the water main fix at Lakeside Drive and Falls Road. The Town Supervisor replied that the money was approved, and it was decided to run the pipe along the bridge. Ms. Sears then asked about the painting of the traffic lines where Myrtle Boulevard meets Lakeside Drive, to which the Town Administrator replied that striping would be completed by the end of the week. Then, Ms. Sears asked about the timing of the repointing of the Gardens Arches, to which the Administrator replied that she would investigate and follow up with Ms. Sears. Next, Ms. Sears asked about paving on Valley Stream East. The Supervisor advised that the Town is waiting for the work on the bridge to be completed before progressing to paving. The paving will most likely not be completed until next year, as the bridge had become an even bigger project after last year's storm. Ms. Sears then invited the Board to the LGCA's Halloween Walk on the Brook on October 29th, beginning around 2pm. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner King and seconded by Commissioner Fiddelman the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Commissioner Jeffery King presented to the Board of Commissioners the Town of Mamaroneck Fire Department claims, as certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment. (See Fire Claims, Attachment B.) Moved by Commissioner King, seconded by Commissioner Katz, it was Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Carried 3. Other Fire Department Business Town Board October 3, 2022 There being no further business to come before the Fire Commission, on motion of Commissioner Fiddelman, Seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Referral of Update in the Regulation of Wireless Telecommunications Facilities Law to Planning Board Attorney Maker explained that as this law would amend the zoning ordinance, section 240-92 B of the Town Code, before the Town Board can act upon it, the Town Board is required to refer the proposed law to the Planning Board. The Planning Board will then have 45 days in which to review and render a report or response to the Board on the proposed law. Therefore, he asked that the Town Board refer the Update in the Regulation of Wireless Telecommunications Facilities Law to the Planning Board. Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was Resolved that the Town Board hereby refers the "Update in Regulation of Wireless Telecommunications Facilities Law" to the Planning Board for review and comment, pursuant to section 240-92 B. of the Town Code. Carried 2. Set Public Hearing - Property Tax Levy in Excess of the Limit Established in General Municipal Law The Town Supervisor explained that a public hearing is required for this proposed local law to be in place, in order to be able to plan to possibly exceed the property tax cap in excess of the limit established by the State. The Supervisor added that the Town Board does this each year, believing it is prudent to prepare by having this local law in place should it be necessary during the budget process. Moved by Councilwoman Fiddelman, seconded by Councilman King, it was Resolved, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the "Property Tax Levy in Excess of the Limit Established in General Municipal Law" Law for Wednesday, October 19, 2022, at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, Resolved, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. Carried 3. Resolution Supporting Passage of Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 Town Supervisor Elkind Eney introduced the resolution, stating that in the fiscal year 2023 State Budget, Governor Kathy Hochul and the Legislature proposed funding for the "Clean Water, Clean Air, and Green Jobs Environmental Bond Act" of$4.2 billion. If approved by voters in November 2022, the Bond Act will provide at least: • $1 .5 billion for climate change mitigation • $1 .1 billion for restoration and flood risk reduction • $650 million for open space land conservation and recreation • $650 million for water quality improvement and resilient infrastructure Town Board October 3, 2022 • $300 million in unallocated At least 35% of the total funding must be spent in disadvantaged communities, with a goal of reaching 40%. The Supervisor highlighted that funding can also be used to complete other projects that preserve, enhance, and restore the quality of the state's environment. The Supervisor added that the act will provide funding for projects of great importance to Westchester Communities: • The $4.2 billion includes $1 .1 billion towards flood risk reduction and coastal restoration projects of great importance to Sound Shore communities. • An additional $650 million will be devoted to clean water projects and includes a new stormwater grant program that will help local governments address infrastructure issues that were highlighted by Hurricane Ida last year. Local governments and property taxpayers cannot afford to pay to correct damaged or inadequately sized stormwater systems alone. • A major focus will be on climate change mitigation projects to reduce polluting emissions, encourage renewable energy production and clean energy through solar and geothermal heating and cooling systems. Electric school buses and electric vehicle charging infrastructure will receive support to match the growth in availability of these vehicles in upcoming years. • The bond act includes priority funding for neglected areas that have the greatest need to correct water and air quality pollution. • Open space and conservation projects will also receive support. The Supervisor noted that environmental bond issues allow state and local governments to implement important environmental projects on a multi-year basis that could not be accomplished through annual operating budgets. As with major capital projects, sound financial practice is to spread the cost over the useful life of projects through the bond issue process. The Supervisor stated that tonight, we have before us, a proposed Town Board resolution in support of the "Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022". This resolution will appear on the back of your ballot on November 8tn Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, Whereas, providing clean drinking water and protecting our local rivers, bays, lakes, streams, and waterfronts from pollution is paramount to quality of life in New York State and the Town of Mamaroneck; and Whereas, modernizing water infrastructure will safeguard clean water, reduce flooding, reduce lead exposure and other public health threats, and create jobs; and Whereas, the Town of Mamaroneck is vulnerable to extreme weather including deadly heat from rising temperatures and flooding from severe storms that put people, properties and public assets across the Town of Mamaroneck at risk; and Whereas, upgrading transportation and stormwater infrastructure, restoring natural resources, growing urban forests, building green roofs, and upgrading cooling centers will reduce the impact of extreme weather, saving lives and money; and Whereas, the COVID-19 pandemic demonstrated the importance of outdoor recreation and access to fresh, local food, as people flocked to local parks and sought out healthy foods for their families; and Town Board October 3, 2022 Whereas, upgrades to facilities at state and local parks and preserves and the creation of new outdoor recreational areas will benefit our region by protecting wildlife habitat, providing more people access to nature, and creating jobs in the outdoor recreation economy; and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would authorize the four billion and two hundred million dollars of bonds to finance critical environmental restoration, clean water, and infrastructure projects across New York State; and Whereas, the funds would be targeted towards protecting clean water, reducing flood risk, restoring natural resources, protecting open space and farmland, and reducing the pollution that causes climate change; and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 was passed by the New York State Legislature as part of the 2022-23 New York State Budget and will appear on the November 8, 2022, New York State General Election Ballot for voter approval; and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 includes strong labor provisions and will support more than 84,000 family- sustaining jobs for New Yorkers; and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would enable New York State and the Town of Mamaroneck to address pollution and public health threats in disadvantaged communities by directing at least 35% with a goal of 40% of the measure's funding to address hazardous conditions in such communities; now, therefore, be it Resolved, that the Town Board of the Town of Mamaroneck supports passage of the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022. Carried 4. Award of Bid - TA-22-13 - Memorial Park Walkways & Sidewalk Replacement Town Supervisor Elkind Eney noted that this item was removed from the agenda during the Work Session earlier this evening. 5. Authorization - Food Service Establishment Permit Renewals - Senior Services Town Administrator Robson noted that the current permits required by Westchester County Department of Health to operate the Senior Nutrition Program held at the Senior Center and the Meals on Wheels Program are expiring. The Town is required to submit an annual renewal application and Certificate of Resolution in order to renew. Moved by Councilwoman Nichinsky, seconded by Councilman King, it was Resolved that the Town Board hereby authorizes submittal of the Food Service Establishment Permit. Carried 6. Salary Authorization - Junior Civil Engineer Moved by Councilman King, seconded by Councilwoman Katz, it was Town Board October 3, 2022 Resolved that the Town Board hereby, approve Emma Pennella's Junior Civil Engineer salary of$63,240.00 effective October 3, 2022. Carried 7. Salary Authorization - Assistant Court Clerk Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was Resolved that the Town Board hereby authorizes the Town Administrator to sign the employment agreement with Barbara Marcello, as Assistant Court Clerk. Carried 8. Set a Public Hearing for the Amendment of the Cost for Renewing Building Permits Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was Resolved, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the "Amendment of the Cost for Renewed Building Permits" Law, for Wednesday, October 19, 2022, at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, Resolved, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. Carried REPORTS OF MINUTES 1. Report of Minutes from the September 21, 2022, Town Board Meeting Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of September 21, 2022. Carried REPORTS OF COUNCIL Councilman King • Noted the Recreation Department is hosting lifeguard certification classes beginning today. Six months from now the Town will be looking for lifeguards, so there are excellent job prospects as a result of participating in this training. • Mentioned that public skating began October first, skating lessons began last week, and House League Hockey begins next month. Please contact the Recreation Department for more information and to enroll in skating programs. • Praised the Recreation Department for all their effort in putting together the Food Truck Festival, even though it was cancelled Councilman King wanted to thank the Recreation Department for all their hard work. Councilwoman Katz Town Board October 3, 2022 • Attended a Traffic Committee Meeting last week. Commended Lt. Maher for his use of the tracking tool and monitoring of the data that shows how fast cars are travelling, in any given area once there are complaints of dangerous driving. Recommended people slow down and drive more carefully to increase safety in the Town. Looking forward to the training planned for the Committee for next month, at which Traffic Engineers will show the Committee other ways in which to increase safety in the community. Lastly, Deputy Supervisor/Councilwoman Katz thanked everyone on the Traffic Committee for their hard work. Councilwoman Fiddelman • Attended a Zoning Board meeting last Wednesday. It was a long, hard meeting, that went very late into the night, so Councilwoman Fiddelman thanked the Zoning Board for their hard work. • Wished those that observe a happy Jewish New Year and an easy fast. • Preemptively thanked Administrator Robson and all the Town Departments for their hard work on the 2023 budget which the Town Board will see at their next meeting. • Suggested that everyone visit the Larchmont Library website to review the myriad of interesting and fun programs that the library puts on both in person and on Zoom. Councilwoman Nichinsky • Missed the Housing Authority meeting this month because it conflicted with tonight's meeting. • Thanked all the Town Departments, especially the Recreation Department, for their work on the Food Truck Festival, even though it did not happen. • Reminded everyone that the Sustainability Collaborative is hosting a Repair Cafe on October 16tn TOWN CLERK'S REPORT The Town Clerk noted that the Upper Deck of our 24hour Lot B started renovations as of today. If you are a lower-level parker, you do not need to move your vehicle now. All upper- level Lot B parkers must park elsewhere in the Washington Square Residential Parking area, or in Lot A, or in the metered spaces on Madison where you can park free of charge. Wherever you choose to park until the renovations are complete, please remember, you must always display your Lot B upper-level parking permit. Also noted that the Town Clerk's office has started renewals of the Washington Square and Lester Place residential parking permits for 2022/2023. Please look for your renewal notice in your emails or contact the Town Clerks office at 381-7870 if you have any questions or we can help you in any way. ADJOURNMENT On motion of Councilman King, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned. Next Regularly Scheduled Meeting - October 19, 2022 Town Board October 3, 2022 Attachment A Eney, Jaine Elkind From: judy silberstein <larchmontgazette@gmail.com> Sent: Sunday, September 18,2022 5:55 PM To: Eney,Jaine Elkind Subject: REALM Response to Board's Feedback Dear Jayne, Below is a response from REALM to the feedback you provided me.We would appreciate you sharing this with the rest of the board as soon as possible.Thank you. To the Mamaroneck Town Board: Thank you for your continuing support for the installation of a memorial to the enslaved Africans of Mamaroneck on the hilltop in front of the Town Center.We understand that you have concerns about the design we shared in June,but we appreciate that you are still committed to the overall project and the hilltop location.We understand that you are looking for a smaller memorial that does not make use of the retaining walls.You would like something more subdued, less dense, less overpowering and less dramatic. Our committee discussed your feedback and is committed to developing a proposal,with our artist team,that reduces the scale and density of the structure and related artwork yet continues to respectfully commemorate the contributions of the enslaved Africans to the development of Mamaroneck.We are blessed with an artist team that is very responsive to the interests of our committee and community.With specific guidance, REALM is confident they will produce a beautiful design that responds to REALM's goals and the board's concerns. Before tasking our artists with revising their designs,we want to get your input on three potential approaches: 1. OPTION ONE:Confines the memorial to the hilltop(no use of the retaining walls).The"Sanctuary Wall"would be scaled back considerably in height and length.The applied ceramic mural would be less dense. 2. OPTION TWO:Same as above, but the"Sanctuary Wall"would be rotated to have less of an impact on the front of the building. 3. OPTION THREE:The"Sanctuary Wall"would be scaled back and moved from the hilltop to a lower elevation closer to the Boston Post Road.This would lessen the impact on the building. Please let us know which, if any,of these options are acceptable starting points for the board,as we task the artists with proposing revisions.Also, please let us know if there are additional parameters the board would like us to include in a future design. If you have an opportunity to formulate your response to these options at or before your next board meeting,we would be happy to get to work on rethinking the memorial. If you require further information from us,we are available to attend your October 3 work session. Again,thank you for your feedback.We welcome and value your engagement with our project. Judy Silberstein,on behalf of REALM (Recognizing the Enslaved Africans of Larchmont Mamaroneck) Judy Silberstein--please email me at: larchmontgazette@gmail.com (914)834-2893 t Town Board October 3, 2022 Attachment B Town of Mamaroneck From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: October 3,2022 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DES&RIPTION amount Fire extinguisher inspection&recharge,SCOTT/POSI CHEK III AAA Emergency Supply Co. Inc AIRPAK test Scott part,energizer battery,Scott kit labor 268.68 Amazon.Com Portable AC for Gym,pocket chart textbook-Brady,ID card maker 2,254.38 FireCom anies.Corn Platinum package-hosting&maintenance$ 1 22 209.97 Iron Compass OnScene Explorer software subscription 9 2022-8 2023 1950.00 Inkitu 40 TMFD Polo shirts for membership 891.20 Landfall Rescue qloves,vests wet shoes throw bags-balance on invoice 627.75 Optimum Cable services for 9 23-10 22 22 259.42 Ready Refresh Water cooler rental&paper fee 8 19-9 1B 22 179.96 UniFirst CorpCleaning supplies-9 9 9 16 9 23 22 770,64 Verizon Fire HQ service 9 10-10 4 22 277.09 Meal for Explorer Drill 9/7,Surface Water Rescue Drill 9/12,Monthly Villa Maria Pizza Drill 9 20 Storm Operations Drill 9 25 22 651.60 Total $ 8,340.69