Loading...
HomeMy WebLinkAbout2007_07_11 Town Board Minutes July 11, 2007 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JULY 11, 2007 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Cindy Atiencia, Deputy Town Clerk WORK SESSION Credit Card Transaction Services Sandy Vanderslice of the Comptroller's Office, addressed the Board. She has prepared the price analysis for the various vendors. The Town received four responses to the RFP, as well as evaluating the vendor currently providing credit card transaction services under a New York State Contract. Responses were received from Bank of New York, Chase Bank, Wachovia Bank, HSBC and Global Payments (NYS Contract Vendor). The Board discussed the use of credit cards for payment of taxes; there is an issue in that the 1.2% convenience fee, must be billed separately and cannot be tied to tax payments. It is recommended by the Comptroller's Office that tax payments be paid via debit card and not credit card, therefore, alleviating this problem. The Board continued to discuss the various proposals and the costs involved. The Board decided the Town should incur all fees involved, agreeing that the benefits of having funds immediately available, outweighs the cost. The use of a check verifying machine was explained, and would be implemented as well. The Board agreed to move forward with credit card usage and would re-evaluate the process and costs in a few months. On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner the Board entered into executive session to discuss a contract with the Town of Mamaroneck. The Board re-convened into work session Connect-CTY The Board reviewed the Emergency Notification Procedure. The Town Supervisor was removed from the list of those needing to get permission from the Town Administrator before authorizing a non-emergency community message. Update - Sanitary Sewer Inflow and Infiltration The Board briefly discussed the differences between inflow and infiltration; inflow being illegal sewer connections, infiltration due to cracks. Mr. Altieri explained that a Consent Order was issued by New York State for Westchester County to correct the overflow problem at the Saxon Woods Pump Station. The municipalities must now determine if inflow and infiltration is occurring at the points were the Municipal sewer lines enter the County trunk lines. The proposal is to install catch basins along the sewer lines and televise them; televising the entire lines would be cost prohibitive. Mr. Altieri would report back to the Board on cost proposals as well as more information from the County on where the inflow and infiltrations are occurring. 1 July 11, 2007 Flooding/Permitting for Impervious Surfaces County Legislator Judy Myers addressed the Board. She is concerned that residents are not aware of the need for permits when covering yard surfaces with such things as patios. The Board discussed the need to update the current Land Use Pamphlet; new wording was discussed. Cemetery Grant The Board has received a grant from the Westchester County in the amount of$5,000.00, for cemetery preservation. The Board agreed to review the proposal previously received from Stone Faces & Sacred Spaces to do a preservation analysis of all Town Cemeteries. Appointment of Deputy Town Clerk The Board reviewed a memo from the Town Clerk, regarding the Appointment of Linda Silvestre as Deputy Town Clerk. The Town Clerk gave a brief outline of Ms. Silvestre's qualifications and positive references. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner The Board entered into executive session to discuss Certiorari. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:30 PM. She then pointed out the location of exits. PRESENTATION — Check from LMCTV to the Town of Mamaroneck Flood Relief Fund Erik Lewis the Director of LMCTV, presented the Supervisor and the Town of Mamaroneck with a check in the amount of$1,000.00. Mr. Lewis stated that funds were raised for the flood relief effort from various activities sponsored by LMCTV. The Board thanked Mr. Lewis for this contribution. Supervisor O'Keeffe reminded residents that they can continue to apply for flood relief through the Town's Community Services Office. PUBLIC HEARING — No Parking Zone Daymon Terrace The following notice of Public Hearing was entered into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on July 11, 2007, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled "Restrictions on parking on Daymon Terrace and Colonial Avenue". Purpose To prohibit parking on a certain section of Daymon Terrace and to increase parking on a certain section of Colonial Avenue. The full text of this Local Law may be examined and copies obtained at the Town Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM, or until 4:00 PM during June, July and August) at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. 2 July 11, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: June 29, 2007 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously opened. Mr. Maker explained the Law. Mr. Altieri further explained that 13 parking spaces would be eliminated. Eleven spaces will be added on Colonial Ave as well as along Daymon Terrace where an unused bus stop was located. Supervisor O'Keeffe stated that the Fire Department strongly advised the Town that this issue needed to be resolved. It was noted that this has been reviewed by the Traffic Committee, and that clear signage would be implemented. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the Public Hearing was unanimously closed. Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed law. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law regarding Restricted Parking on Daymon Terrace is hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA). The above resolution was put to a roll call vote: Fishman - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe Aye On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was adopted: Local Law No.7 - 2007 This local law shall be known as the "Revisions to the Restricted Parking on Colonial Avenue and Restricted Parking on Daymon Terrace" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: This local law further restricts parking on Daymon Terrace in order to assure that large vehicles, such as fire trucks, can traverse Daymon Terrace. These additional restrictions, however, are designed not to exacerbate the already limited on-street parking situation near the Murray Avenue School. The plan is to eliminate parking on a certain section of Daymon Terrace but to restore parking to a portion of the section of Colonial Avenue where parking currently is prohibited during a portion of the year. 3 July 11, 2007 Section 2 — Repeal of Local Law: Local Law No. 15—2005 hereby is repealed. Section 3— Regulation of Parking on a section of Colonial Avenue: On school days from September 1st of each year to and including June 30th of the immediately following year, no vehicle shall be parked on the section of the north side of Colonial Avenue that lies between the point where Daymon Terrace terminates at Colonial Avenue and the point where the driveway for the home at 85 Colonial Avenue meets Colonial Avenue between the hours of 8:00 AM and 9:00 AM (prevailing time) and the hours of 2:00 PM and 3:30 PM (prevailing time) on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. This law shall not apply on holidays. Section 4— Regulation of Parking on Daymon Terrace: No vehicle shall park on the section of the east side of Daymon Terrace that lies between the point where Daymon Terrace terminates at Colonial Avenue and the point where Senate Place terminates at Daymon Terrace. Section 5—Signs to be Erected: An appropriate sign or signs shall be erected on the north side of Colonial Avenue and on the east side of Daymon Terrace. Section 6—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 7— Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye PUBLIC HEARING -Amendment— Flood Damage Prevention Law The following notice of public hearing was entered into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on July 11 2007 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled "Flood Damage Prevention" Law Purpose New Flood Insurance Rate Maps establishing 100 year base flood elevations for the Town of Mamaroneck recently have been completed by the Federal Emergency Management Agency. For property in the Town of Mamaroneck to remain eligible for the National Flood Insurance Program, the Town's existing Flood Damage Prevention Law must be updated to meet the standards of the national Flood Insurance Program. This local law does just that. The full text of this Local Law may be examined and copies obtained at the Town Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM, or until 4:00 PM during June, July and August) at 740 W. Boston Post Road Mamaroneck, New York 4 July 11, 2007 PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: June 29, 2007 On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the Public Hearing was unanimously opened. Mr. Maker explained the proposed local law, adding that the federal Emergency Management Agency (FEMA) strongly recommended that municipalities update their local laws to reflect the new FEMA maps and regulations; not doing so, could put into serious jeopardy, residents ability to acquire flood insurance. Councilman Odierna mentioned that this was a well outlined law, and advised the Town Residents that before changing anything in the front , back side or around the home to call the Building Department first. Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed law. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the Public Hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law regarding Flood Damage Prevention is hereby declared to be an Unlisted Action, with no known negative impact on the environment. The above resolution was put to a roll call vote: Fishman - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe Aye On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was adopted: Local Law No. 8 —2007 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: New Flood Insurance Rate Maps establishing 100-year base flood elevations for the Town of Mamaroneck recently have been completed by the Federal Emergency Management Agency. For property in the Town of Mamaroneck to remain eligible for the National Flood Insurance Program, the Town's existing Flood Damage Prevention Law must be updated to meet the standards of the National Flood Insurance Program. This local law does just that. 5 July 11, 2007 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 DAMAGE PROTECTION § 110-1 Findings § 110-2 Statement of Purpose §110-3 Objectives § 110-4 Definitions § 110-5 Applicability § 110-6 Basis 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 § 110-11 Designation of Local Administrator § 110-12 Floodplain Development Permit § 110-13 Duties and Responsibilities of the Local Administrator § 110-14 General Construction Standards § 110-15 Coastal High Hazard Areas § 110-16 Subdivision Proposals § 110-17 Encroachments § 110-18 Standards for All Structures § 110-19 Standards for Residential Structures outside Coastal High Hazard Areas § 110-20 Standards for Residential Structures within Coastal High Hazard Areas § 110-21 Standards for Non-Residential Structures outside Coastal High Hazard Areas § 110-22 Standards for Non-Residential Structures within Coastal High Hazard Areas § 110-23 Critical Facilities § 110-24 Manufactured Homes and Recreational Vehicles § 110-25 Appeals Board § 110-26 Conditions for Variances § 110-1 Findings. 6 July 11, 2007 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; (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. A. 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. B. As used in this chapter, the following terms shall have the meaning indicated. APPEALS -A request for a review of the Local Administrator's interpretation of any provision of this Chapter or a request for a variance. 7 July 11, 2007 AREA OF SHALLOW FLOODING - 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 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 FLOODING HAZARD - 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 - The flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT - That portion of a building having its floor sub grade (below ground level) on all sides. BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING -see STRUCTURE. CELLAR - has the same meaning as BASEMENT. COASTAL HIGH HAZARD AREA - An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone VI-V30, VE, VO or V. CRAWL SPACE - 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. CRITICAL FACILITIES —Any of the following: (1) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; (2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; (3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during and after a flood; or (4) Public and private facilities that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood. CUMULATIVE SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50 percent of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years. DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, 8 July 11, 2007 dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - 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 - The Federal agency that administers the National Flood Insurance Program. FLOOD OR FLOODING - 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, 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) - 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 - 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) - 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) - 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 - Any land area susceptible to being inundated by water from any source (see definition of FLOODING). FLOODPROOFING - Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate 9 July 11, 2007 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 - 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 - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC STRUCTURE -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: (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 - The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department. LOWEST FLOOR - Lowest floor of the lowest enclosed area (including base- ment 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 - 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 - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - 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. 10 July 11, 2007 NEW CONSTRUCTION - 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. PRIMARY FRONTAL DUNE - A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRINCIPALLY ABOVE GROUND — A structure with at least 51 percent of its actual cash value, excluding land value, above ground. RECREATIONAL VEHICLE -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 tow able 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 - 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 this Law. SAND DUNES - naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION - the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of 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 - 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 - 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 damage also means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. 11 July 11, 2007 SUBSTANTIAL IMPROVEMENT - 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. SUBSTANTIAL IMPROVEMENT also means CUMULATIVE SUBSTANTIAL IMPROVEMENT. The term includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not include, however, 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 continued designation as a HISTORIC STRUCTURE. VARIANCE - 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. § 110-5 Applicability. This chapter shall apply to all areas of special flood hazard within the unincorporated area of the Town of Mamaroneck, Westchester County. § 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, whose effective date will be 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" whose effective date will be 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 the Building Department of the Town of Mamaroneck, Town Center, 740 West Boston Post Road, Mamaroneck, New York 10543. § 110-7 Interpretation and Conflict with Other Laws. This Chapter includes all revisions to the National Flood Insurance Program through March 20, 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, ordinances, or local laws, 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. 12 July 11, 2007 § 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 Section110-25 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 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 thereunder. § 110-11 Designation of the Local Administrator. The Director of Building Code Enforcement and Land Use Administration is hereby appointed Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. § 110-12 Floodplain Development Permit. A. 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 insuring 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, 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 elevations 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$100.00. 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 $1,500.00 to cover these additional costs. 13 July 11, 2007 C. APPLICATION FOR A PERMIT The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones Al-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed profes- sional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee 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 flood proofed. Upon completion of the flood proofed portion of the structure, the permittee shall submit to the Local Administrator the as-built flood proofed elevation, certified by a professional engineer or surveyor. (4) A certificate from a licensed professional engineer or architect that any utility flood proofing will meet the criteria in Section 110-18 C., UTILITIES. (5) A certificate from a licensed professional engineer or architect that any non- residential flood proofed structure will meet the flood proofing criteria in Section 110-19, NON-RESIDENTIAL STRUCTURES. (6) A description of the extent to which any watercourse will be altered or relocated as a result 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, 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 located 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. (9) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot. (10) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new and substantial improvements to structures, floodplain develop- ment permit applications shall be accompanied by design plans and specifications, prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect, and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. 14 July 11, 2007 § 110-13 Duties and Responsibilities of the Local Administrator. Duties of the Local Administrator shall include, but not be limited to the following. A. PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of Section 110-12 C, Application for a Permit, and for compliance with the provisions and standards of this chapter. (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 110-24, inclusive, and, in particular, Section 110-16 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 applicable requirements of Sections 110-14 through 110-24, inclusive, 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 govern- mental agencies from which approval is required by State or Federal law. B. USE OF OTHER FLOOD DATA (1) 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 110-12 C, (7), 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. C. ALTERATION OF WATERCOURSES (1) The Local Administrator shall notify adjacent communities 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 Director, Region II, Federal Emergency Management Agency. (2) The Local Administrator shall determine whether the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 15 July 11, 2007 D. CONSTRUCTION STAGE (1) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of flood proofing of a new or substantially improved structure, the Local Administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or flood proofed 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 recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) In Zones V1-V30 and VE, and also Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the Local Administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (3) 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. 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 in order 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 (1) 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. (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. G. CERTIFICATE OF COMPLIANCE (1) In areas of special flood hazard, as determined by documents enumerated in Section 110-6, 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 E., INSPECTIONS, and/or any certified elevations, 16 July 11, 2007 hydraulic data, flood proofing, 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: (1) Floodplain development permits and certificates of compliance; (2) Certifications of as-built lowest floor elevations of structures, required pursuant to Sections 110-13 D. (1) and 110-13 D. (2), and whether or not the structures contain a basement; (3) Flood proofing certificates required pursuant to Section 110-13 D. (1), and whether or not the structures contain a basement; (4) Variances issued pursuant to Section 110-25, APPEALS BOARD; and, Section 110-26, CONDITIONS FOR VARIANCES, and, (5) Notices required under Section 110-13 C., ALTERATION OF WATERCOURSES. § 110-14 GENERAL CONSTRUCTION STANDARDS 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. § 110-15 COASTAL HIGH HAZARD AREAS The following requirements apply within Zones V1-V30, VE and V: (1) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide. (2) The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. (3) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. § 110-16 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. § 110-17 ENCROACHMENTS (1) 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: (i) 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 17 July 11, 2007 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, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any 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) Whenever any portion of a floodplain is authorized for development, volume of space occupied by the authorized fill structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation. § 110-18 STANDARDS FOR ALL STRUCTURES A. 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 or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable 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 re- quirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. 18 July 11, 2007 Enclosed areas sub-grade on all sides are considered basements and are not permitted. (4) Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or con- structed with non-supporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. C. UTILITIES (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation 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; (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 automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and,4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. § 110-19STANDARDS FOR RESIDENTIAL STRUCTURES OUTSIDE COASTAL HIGH HAZARD AREAS A. ELEVATION The following standards, in addition to the standards in Section 110-16, SUBDIVISION PROPOSALS, Section 110-17, ENCROACHMENTS and Section 110-18, STANDARDS FOR ALL STRUCTURES, apply to structures located in areas of special flood hazard as indicated. (1) Within Zones Al-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor(including basement) elevated to or above two feet above the base flood level. (2) Within Zone A, when no base flood elevation data are available, new and sub- stantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. (3) Within Zone AO, new and substantially improved structures shall have the lowest floor(including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 110-6 (at least two feet if no depth number is specified). (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. § 110-20 STANDARDS FOR RESIDENTIAL STRUCTURES WITHIN COASTAL HIGH HAZ- ARD AREAS The following standards, in addition to the standards in Section 110-15, COASTAL HIGH HAZARD AREAS, and Section 110-16, SUBDIVISION 19 July 11, 2007 PROPOSALS, Section 110-17, ENCROACHMENTS and Section 110-18, STANDARDS FOR ALL STRUCTURES, apply to structures located in areas of special flood hazard shown as Zones V1-V30, VE or V on the community's Flood Insurance Rate Map designated in Section 110-6. A. ELEVATION New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member sup- porting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above base flood level so as not to impede the flow of water. B. DETERMINATION OF LOADING FORCES Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces, and impact forces from water- borne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls, or other natural or man-made flow obstructions could cause wave run-up beyond the elevation of the base flood. (2) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house, and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. (3) Wind loading values used shall be those required by the building code. C. FOUNDATION STANDARDS (1) The pilings or column foundation and structure attached thereto shall be ade- quately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the under- lying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). (2) Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. D. PILE FOUNDATION DESIGN (1) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load bearing sills, beams, or girders. (2) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood acting simultaneously with typical structure (live and dead) loads, and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of 5 feet below mean sea level (msl) datum if the BFE is +10 msl or less, or to be at least 10 feet below msl if the BFE is greater than +10 msl. 20 July 11, 2007 (3) Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. (4) The minimum acceptable sizes for timber piles are a tip diameter of 8 inches for round timber piles and 8 by 8 inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. (5) Reinforced concrete piles shall be cast of concrete having a 28-day ultimate compressive strength of not less than 5,000 pounds per square inch, and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than 2 inches. (6) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into place. (7) Additional support for piles in the form of bracing may include lateral or diago- nal bracing between piles. (8) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at- grade supports should be securely attached to the piles to provide support even if scoured from beneath. (9) Diagonal bracing between piles, consisting of 2-inch by 8-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation, and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch) or cable type bracing is permitted in any plane. (10) Knee braces, which stiffen both the upper portion of a pile and the beam-to- pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be 2-by-8 lumber bolted to the sides of the pile/beam, or 4-by-4 or larger braces framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized steel bolts (each end) for 2-by-8 members, or one 5/8-inch lag bolt (each end) for square members. Knee braces shall not extend more than 3 feet below the elevation of the base flood. E. COLUMN FOUNDATION DESIGN Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads, and be connected with a moment-resisting connection to a pile cap or pile shaft. F. CONNECTORS AND FASTENERS Galvanized metal connectors, wood connectors, or bolts of size and number adequate for the calculated loads must be used to connect adjoining compo- nents of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected inte- rior locations shall be fabricated from galvanized sheet. G. BEAM TO PILE CONNECTIONS The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fas- tened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (of precast) shall be securely connected by bolting and welding. If sills, beams, or 21 July 11, 2007 girders are attached to wood piling at a notch, a minimum of two (5/8)-inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by 4 inches by 18 inches each bolted with two 1/2 inch lag bolts per beam member shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%. H. FLOOR AND DECK CONNECTIONS (1) Wood 2- by 4-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be 1- by 3-inch members, placed 8 feet on-center maximum, or solid bridging of same depth as joist at same spacing. (2) Plywood should be used for sub flooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be les than (3/4)-inch total thickness, and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. I. EXTERIOR WALL CONNECTIONS All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous 15/32-inch or thicker plywood sheathing--overlapping the top wall plate and continuing down to the sill, beam, or girder--may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then 2-by-4 nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2-inch diameter or galvanized steel straps not less than 1 inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of 3 inches shall be used at each end of the 1/2-inch round rods. These anchors shall be installed no more than 2 feet from each corner rod, no more than 4 feet on center. J. CEILING JOIST/RAFTER CONNECTIONS All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. Gable roofs shall be additionally stabilized by installing 2-by-4 blocking on 2- foot centers between the rafters at each gable end. Blocking shall be installed a minimum of 8 feet toward the house interior from each gable end. K. PROJECTING MEMBERS All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of 2 feet and joist overhangs to a maximum of 1 foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with thus chapter. L. ROOF SHEATHING (1) Plywood, or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion resistant material. (2) All corners, gable ends, and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end, or roof overhang. 22 July 11, 2007 (3) In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys, and other points of discontinuity in the roofing surface. M. PROTECTION OF OPENINGS All exterior glass panels, windows, and doors shall be designed, detailed, and constructed to withstand loads due to the design wind speed of 75 mph. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet. N. BREAKAWAY WALL DESIGN STANDARDS (1) The breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. (2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components, and certifies that (1) the breakaway walls will fail under water loads less than those that would occur during the base flood; and (2) the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code. § 110-21 STANDARDS FOR NON-RESIDENTIAL STRUCTURES OUTSIDE COASTAL HIGH HAZARD AREAS The following standards apply to new and substantially improved commercial, industrial and other non-residential structures, in addition to the requirements in Section 110-16, SUBDIVISION PROPOSALS, Section 110-17, ENCROACHMENTS and Section 110-18, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-resi- dential structure, together with attendant utility and sanitary facilities, shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be flood proofed so that the structure is water tight below two feet above the base flood level with walls substantially 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: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or 23 July 11, 2007 (ii) together with attendant utility and sanitary facilities, be completely flood proofed to that level to meet the flood proofing standard specified in this chapter. (3) If the structure is to be flood proofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Flood proofing 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 this chapter, including the specific elevation (in relation to mean sea level) to which the structure is to be flood proofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (5) 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. § 110-22 STANDARDS FOR NON-RESIDENTIAL STRUCTURES WITHIN COASTAL HIGH HAZARD AREAS In Zones V1-V30, VE and also Zone V if base flood elevations are available, new construction and substantial improvements of any non-residential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above the base flood elevation. Flood proofing of structures is not an allowable alternative to elevating the lowest floor to the base flood elevation in Zones V1-V30, VE and V. § 110-23 CRITICAL FACILITIES In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any Area of Special Flood Hazard, or within any 500-year flood zone shown as a B zone or a Shaded X zone on the Community's Flood Insurance Rate Maps. § 110-24 MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in Section 110-14, GENERAL STANDARDS, and Section 110-18, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones Al-A30, AE, AH, V1-V30, V, and VE shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in paragraphs (2), (3) and (4) of Section 110-21. 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 A'I- A30, AE, AH, V1-V30, V, and VE shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. 24 July 11, 2007 (3) Within Zones A or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. (4) Within Zone AO, the floor 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 3.2 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. § 110-25 APPEALS BOARD (1) 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. (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: (i) 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; (v) 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. 25 July 11, 2007 (5) Upon consideration of the factors of Section 110-25 (4) 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. § 110-26 CONDITIONS FOR VARIANCES (1) 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 110-25 (4) have been fully consid- ered. As the lot size increases beyond the one-half acre, the technical justi- fication required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure". (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 development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of paragraphs (1), (4), (5) and (6) of Section 110-26 are met; (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 justification of: (i) 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 local laws 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 the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. The above Local Law was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 26 July 11, 2007 PUBLIC HEARING - Bond Resolution — Garbage District#1 The following notice of public hearing was entered into the record: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Hall, 740 West Boston Post Road, in Mamaroneck, New York, on July 11, 2007, at 8:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of the Garbage District, in said Town, consisting of the purchase of a new garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$180,000. Said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, said regulations provide will not result in any significant environmental effects. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated:Mamaroneck, New York, June 29, 2007. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously opened. Mr. Altieri explained that the Town has in its Capital Improvement Plan for 2007, the proposed purchase of a 25 yard refuse removal truck. The operation and expenses for our solid waste management falls within our Special Improvement District, Garbage District 1. Under New York State Finance Law when monies are borrowed in a special district a public hearing must be held. On motion of Councilwoman Seligson, seconded by Councilman Fishman, the following was approved 27 July 11, 2007 In the Matter of The Increase and Improvement of Facilities PUBLIC INTEREST of the Garbage District in ORDER the Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of the Garbage District, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$180,000; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such will not have a significant effect on the environment; and WHEREAS, at a meeting of said Town Board duly called and held on June 20, 2007, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the purchase of a new garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$180,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on July 11, 2007, at 8:15 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, and adjourned as hereinabove described, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to purchase a new garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$180,000 for the Garbage District of the Town of Mamaroneck, Westchester County, New York. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following was approved; 28 July 11, 2007 BOND RESOLUTION DATED JULY 11, 2007. A RESOLUTION AUTHORIZING THE ISSUANCE OF $180,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF A NEW GARBAGE TRUCK, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, as such will not result in any significant environmental effects; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of the Garbage District in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of$180,000; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the purchase of a new garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $180,000, there are hereby authorized to be issued $180,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $180,000 serial bonds of said Town authorized to be issued therefore pursuant to the provisions of Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Garbage District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. 29 July 11, 2007 Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspapers of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Seligson, seconded by Commissioner Fishman, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman 30 July 11, 2007 1. FIRE CLAIMS Commissioner Seligson presented fire claims for authorization of payment, thereafter on Commissioner Seligson motion, seconded by Commissioner Wittner, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co. $ 745.00 AAA Emergency Supply Co. $ 339.00 AAA Emergency Supply Co. $ 192.00 AAA Emergency Supply Co. $ 187.00 AAA Emergency Supply Co. $ 96.00 AAA Emergency Supply Co. $ 32.00 Avaya $ 66.81 Carrot-Top Industries $ 284.50 Clinton Kearney Door Co. $ 1,050.00 Community Fire Equipment $ 245.00 Con Edison $ 278.47 Corsi Tire $ 811.90 Dell $ 783.23 Fire End & Croker $ 46.00 Harrison Paint $ 51.45 Hi-Tech Car Wash $ 35.00 Ikon $ 212.13 Metrocom Wireless $ 308.00 Motorola $ 78.00 Nextel $ 221.59 911 Wear $ 939.90 911 Wear $ 875.00 911 Wear $ 648.00 911 Wear $ 648.00 911 Wear $ 441.99 Noco Energy $ 75.00 Poland Springs Water $ 63.90 R & L Consulting $ 195.93 R & L Consulting $ 120.00 R & L Consulting $ 38.99 Russo, Joseph $ 750.00 Technical Electronics Inc. $ 1,065.00 Technical Electronics Inc. $ 35.00 Technical Electronics Inc. $ 35.00 Vickery Companies $ 309.50 Vickery Companies $ 248.12 Vickery Companies $ 330.57 Winzer Corporation $ 75.00 Westchester Joint Water Works 88.68 Total: $13,046.66 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Other Fire Department Business Commissioner Wittner attended a Fire Counsel meeting in which they discussed classifications for Firefighters. The Department is striving for safety and fairness as Firefighters move through the ranks. Commissioner Wittner noted a correction, adding the Department has 62 active volunteers. The residents were reminded of the celebration for the 100th Anniversary of the Weaver 31 July 11, 2007 Street Fire House on Saturday, September 8, 2007, with the rain date being Sunday, September 9, 2007. The street will be closed along Edgewood Avenue, Hillcrest Avenue and Judson Street. There being no further business to come before the Commission, on motion of Commissioner Seligson, seconded by Commissioner Fishman, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Adoption Emergency Notification Procedure On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Town Emergency Notification Procedure, as amended. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Authorization — Credit Card Transaction Services On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town of Mamaroneck and Wachovia Bank as our credit card processing agent, at a rate of 1.8% and a fee of$0.08 per transaction, and BE IT FURTHER, RESOLVED, that the Town Tax Office will only accept debit cards, and not credit cards, and BE IT FURTHER, RESOLVED, that subject to final approval of said contract with Wachovia Bank by the Town Attorney, the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Report of Bids — Contract TA-07-08 Tree Truck Mr. Altieri explained that in April 2007, the Town received only one bid from Gabrielli Truck that was too high. On June 28, 2007 the Town received and opened one bid for Contract TA-07-08-Hydraulic Articulating Aerial Truck from Altec Industries, of Plains, PA in the amount of$139,344.00. 32 July 11, 2007 On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-07-08, to purchase a Hydraulic Articulating Aerial Truck, to Altec Industries, of Plains, PA in the amount of$139,344.00, and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 4. Adoption of 2008 Budget Calendar On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was unanimously approved BUDGET CALENDAR-2008 TOWN BUDGET Wednesday, June 27, 2007 Distribution of Capital Budget Worksheets & Budget Instructions to Department Heads Monday, July 23, 2007 Distribution of Operating Budget Worksheets to Department Heads Friday, August 31, 2007 Submission of Capital Budget Worksheets to Town Administrator Wednesday, Sept. 19, 2007 Submission of Operating Budget Worksheets to Town Administrator Monday Sept. 24 - Friday Sept. 28° 2007 Departmental Budget Review Wednesday, October 17, 2007 8:15 p.m. Submission of Tentative Budget to Town Board by Budget Officer Tuesday, October 23, 2007 6:00 p.m. Conference Room A—Mamaroneck Town Center- Public Work Session Overview of Tentative Budget Monday, October 29, 2007 8:30 a.m. Mamaroneck Women's Club Pubic Work Session Operating Departments Wednesday, November 14, 2007 6:00 p.m. Conference Room A— Mamaroneck Town Center Capital Budget Review Tuesday, November 20, 2007 6:00 p.m. Conference Room A - Mamaroneck Town Center Monday December 3, 2007 8:15 p.m. Courtroom — Mamaroneck Town Center Public Hearing 2008 Budget Wednesday, December 19, 2007 8:15 p.m. Courtroom — Mamaroneck Town Center Adoption 2008 Town Budget 33 July 11, 2007 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Change of Town Board Meeting Date — December, 2007 On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby change the regular scheduled Town Board meeting from Wednesday, December 5, 2007 to Monday, December, 3, 2007 at 8:15 PM in the Court Room of the Town Center. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 6. Salary Authorizations — Highway Department Conservation Corp Recreation Department Town Clerk's Office Highway Department On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby appoint Joseph Wingster and Joseph Giordano as summer laborers with the Highway Department from June 15, 2007 thru August 31, 2007 at an hourly rate of$10.00. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye Conservation Corp On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby appoint Kelsey Glass -Johnston as a Conservation Crew member from June 5, 2007 through August 23, 2007 at an hourly rate of$8.50 34 July 11, 2007 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye Recreation On motion of Councilwoman Seligson, seconded by Councilwoman Fishman, it was RESOLVED, that as provided for in the 2007 Town Budget the Town Board does hereby authorize the payment of salary to the following: HOMMOCKS POOL Lindsey Naughton Swim Instructor $12.00/hour Meredith Naughton Alternate Swim Instructor $12.00/hour Cathleen Scanlon Lifeguard $10.50/hour Cliff Shapiro Lifeguard $11.75/hour Katherine Spader Early Morning Swim $25/session HOMMOCKS PLAYGROUND Timothy Reynolds Unit Leader $500/week Danielle Brucciani Counselor $240/week Denis Brucciani Counselor $150/week Alannah Fay Counselor $205/week Jeffrey Lohens Counselor $215/week CAMP MONROE Donna Orrtco E.M.T. $11.50/hour HOMMOCKS PLAYGROUND Samantha LaBella Counselor $235/week CAMP CENTRAL Bonnie Jackson Music Specialist $295/week Lauren DeRiggi Counselor $150/week Daniel Harrington Junior Counselor $105/week HOMMOCKS POOL Kimberly Alonso Diving Coach $2,100/season Kira Rakoff Lifeguard $10.00/hour Kristina Caldarola Key Attendant $9.00/hour Arianna Puleo Key Attendant $8.25/hour Sara Matthias Key Attendant $8.25/hour Cathleen Nation Custodian $15.00/hour Philbert Smith Custodian $15.00/hour TENNIS Daniel Scopp Instructor $10.00/hour 35 July 11, 2007 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye Town Clerk's Office On motion of Councilwoman Seligson, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby appoint Linda Silvestre as Deputy Town Clerk at a salary of $46,049.00, effective July 16, 2007, said term expiring December 31, 2007. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye ORAL COMMUNICATIONS Brian Rohman, of the Larchmont Garden's Civic Association, reported that the Spring Fling was very successful. Mr. Rohman asked the Board to comment on the following issues. When would the paving work be done along the Brook and will it be completed by the start of the school year? Mr. Altieri responded it should begin next week, adding it will be done prior to the start of the school year. What is the status of replacing the stairway at Metro North? Mr. Altieri explained that because the Board had asked him to look into the possibility of fully enclosing the stairwell, it was now taking longer as new proposals needed to be received. Finally, Mr. Rohman asked about the erosion at the Brook and whether grant money received from the State could be used for this. Mr. Altieri clarified that this Grant was received for the Sheldrake River and stabilization of the banks. He also clarified that the Town was receiving bids for engineering proposals, project design and construction administration. Supervisor O'Keeffe also stated that this was a complicated project that takes time when working with the County. The Board gave an overview of the various projects taking place throughout the Town. These include the intersection at Myrtle Boulevard and North Chatsworth, the County paving project along Palmer Ave and the Weaver Street Bridge. Con Edison was also asked to be considerate when trimming trees around the power lines. WRITTEN COMMUNICATIONS Supervisor O'Keeffe paraphrased from an email received from Brian Lobel as follows: WHILE I UNDERSTAND THAT 'ON THE TOWN'IS NOT A LEGAL JOURNAL AND IS WRITTEN FOR THE 'LAYPERSON; THE ITEM IN THE SPRING 2007 ISSUE ABOUT 'DOOR-TO-DOOR SOLICITING'STATING THAT SUCH 'IS LEGAL UNDER THE UNITED STATES CONSTITUTION'IS TOO SIMPLISTIC. IN SOME CASES SIMPLICITY IS MISLEADING AND EVEN DANGEROUS. 36 July 11, 2007 IF SOMEONE REALLY THINKS THAT 'DOOR-TO-DOOR SOLICITING'MAY SIMPLY BEAN ANNOYANCE, PLEASE THINK AGAIN, OR ASK SOMEONE WHO KNOWS. ALSO, IF IT IS AS SIMPLE AS THE CONSTITUTION MAKES 'DOOR-TO-DOOR SOLICITING'AND THE RINGING OF PRIVATE DOORBELL LEGAL, HOW IS IT THAT THE SAME PROVISION OF THE CONSTITUTION DOES NOT APPLY TO TELEPHONE CALLS AND THE RINGING OF A PERSONS'PRIVATE TELEPHONE BELLS? AND HOW IS IT THAT 'DOORPERSONSI AND SIMILAR PERSONNEL AT APARTMENT BUILDINGS IN OUR TOWN AND ELSEWHERE CAN PREVENT THE ENTRY OF PERSONS TO A PROPERTY? I HEARD ON A BROADCAST OF A RECENT TOWN BOARD MEETING THAT AT LEAST SOME MEMBERS OF THE MAMARONECK TOWN BOARD WENT TO THE MAMARONECK VILLAGE STREET FESTIVAL ON JUNE 3RD. COPIES OF THE UNITED STATES CONSTITUTION WERE HANDED OUT IN THE 'ECOLOGY TENT' AT THAT EVENT. IN THE COPY OF THE CONSTITUTION THAT I RECEIVED AT THE FESTIVAL I DO NOT SEE ANY MENTION OF 'DOOR-TO-DOOR SOLICITING PERHAPS WHAT WAS MEANT IN THE 'ON THE TOWN'ARTICLE WAS THAT 'DOOR-TO-DOOR SOLICITING'WAS NOT LISTED AS 'ILLEGAL'IN THE UNITED STATES CONSTITUTION BUT I EXPECT THE ARTICLE IN THE NEWSLETTER MAYBE BASED ON SOME INTERPRETATION, CORRECTOR INCORRECT, OF ONE OR MORE COURT DECISIONS. MY OWN LIMITED UNDERSTANDING IS THAT THERE HAVE BEEN A NUMBER OF CASES ON THIS ISSUE BEFORE THE COURTS COVERING VARIOUS ASPECTS OF THE MATTER. FOR EXAMPLE, Municipal ordinances which prohibit solicitors, peddlers, and itinerant merchants from calling on private residences for the purpose of peddling or soliciting without the request or the invitation of the occupant are sometimes referred to as "Green River" ordinances (from the case of Town of Green River, Wyoming v. Fuller Brush Co., 65 F.2d 112 (10th Cir. 1933)). "Green River" ordinances entirely prohibit and declare the practice of uninvited house-to-house canvassing to be a nuisance and misdemeanor punishable by fine and imprisonment(Rhyne, The Law of Local Government Operations, pp 495-496). Such ordinances have been upheld in the past by the United States Supreme Court. These types of ordinances have been ruled unconstitutional when they prohibit religious or noncommercial door-to-door solicitation. The U.S. Supreme Court on June 17, 2002 by a vote of 8-1, invalidated a Stratton, Ohio ordinance that required canvassers to register and obtain a permit from the mayor's office before going door-to-door promoting any cause (Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton). The Court held that the ordinance violated the First Amendment as it applied to religious proselytizing, anonymous political speech, and the distribution of handbills. See MRSC Web Page, U.S. Supreme Court Says No Permit Required to Solicit for Religious Reasons. Other decisions include Breard v. Alexandria, 341 U.S. 622, 95 L.Ed 1233, 71 S.Ct. 920 (1951). The Breard decision was decided at a time when "commercial speech" was thought to be outside the protection of the First Amendment. More recent Supreme Court Decisions question the analysis of the Breard case and suggest that a complete ban on door-to-door solicitation would be found unconstitutional today. See also McQuillan, Municipal Corporations, §24.378 (3rd Ed.). Even though the 1951 United States Supreme Court decision has not been expressly overruled, more recent cases suggest that a total prohibition of door- to-door solicitation would be unconstitutional and unenforceable. In Project 80's Inc. v. City of Pocatello, 942 F.2d 635(9th Cir. 1991), a city ordinance prohibiting door-to-door solicitation unless the homeowner places a "solicitors welcome" sign on the house was ruled an unconstitutional infringement of free commercial speech. The court concluded that the ordinance did not provide the least restrictive alternative available to accomplish the legitimate governmental interests of protecting residential privacy and preventing crime. The Federal Court decision invalidating the Cities of Pocatello and Idaho Falls'ordinances was the second time the Court had invalidated the ordinances. The 1991 decision was the result of a remand order by the United States Supreme Court of the 37 July 11, 2007 earlier 1988 decision in Project 80's Inc. v. City of Pocatello, 876 F.2d 711 (9th Cir. 1991), vacated and remanded, City of Idaho Falls v. Project 80's Inc., 493 U.S. 1013, 110 S.Ct. 709, 107 L.Ed.2d 730(1990). Similar decisions have been reached by the Ohio Court of Appeals in City of Tiffin v. Boor, 109 Ohio App. 3d 337, 672 NE2d 200 (Ohio Ap. 1996), the Oregon Supreme Court in City of Hillsboro v. Purcell, 306 Or 547, 761 P.2d 510 (Ore., 1988) and an Illinois Federal District Court in Green v. Village of Schaumburg, 676 F.Supp. 870 (ND Ill., 1988). SO FOR EXAMPLE, A DOOR-TO-DOOR SOLICITOR FOR RELIGIOUS PURPOSES MAY NOT HAVE TO ABIDE BY A MUNICIPALITY'S REGULATION/LAW REQUIRING REGISTRATION WITH A GOVERNMENT DEPARTMENT/ENTITY. AND FOR EXAMPLE, IT MAY BE THAT WHEN A 'NO SOLICITING'NOTICE IS POSTED ON PRIVATE PROPERTY, DOOR-TO-DOOR SOLICITATION FOR COMMERCIAL PURPOSES IS ILLEGAL. IF THE INFORMATION CONTAINED IN THE ARTICLE REGARDING 'DOOR-TO- DOOR SOLICITATION, AS IT APPEARED IN THE SPRING 2007 ISSUE OF 'ON THE TOWN, IS COMPLETELY ACCURATE AS PRINTED, CAN SOMEONE PROVIDE THE CONSTITUTIONAL PROVISION OR COURT CASE CITATION THAT IS RELIED UPON FOR THE ACCURACY OF SUCH LEGAL INFORMATION. OTHERWISE, CAN THE TOWN PRINT WHAT IT EXPECTS TO BE CORRECT ARTICLE ON THE SUBJECT. IN ANY CASE, 'ON THE TOWN'AND THE TOWN'S WEB SITE, MIGHT PROVIDE SOME ADVICE FOR RESIDENTS ON HOW TO PROTECT THEMSELVES WHEN APPROACHED BY VARIOUS DOOR-TO-DOOR SOLICITORS. HAVE ANY TOWN BOARD MEMBERS HEARD OF THE SITUATION, IN WHICH I UNDERSTAND, A TOWN RESIDENT PROVIDED THEIR CREDIT CARD NUMBER TO A 'DOOR-TO- DOOR SOLICITOR' THEY DID NOT KNOW AND THEN REALIZED THAT IT MIGHT HAVE BEEN A MISTAKE? BY THE WAY, HOW IRONIC, THAT THE ITEM ON CONSTITUTIONAL LEGALITY OF 'DOOR-TO-DOOR SOLICITING'WAS PLACED IN THE NEWSLETTER ON THE PAGE OPPOSITE AN ARTICLE DISCUSSING TOWN OF MAMARONECK LAWS/REGULATIONS ON 'GARAGE/TAG SALES'WHICH REQUIRE PRIVATE PROPERTY OWNERS TO GET PERMITS FOR CONDUCTING SUCH SALES ON THEIR OWN PROPERTYAND RESTRICT SIGNS. THE COPY OF THE CONSTITUTION OF THAT WAS DISTRIBUTED AT THE MAMARONECK STREET FAIR DID INDICATE THE LEGALITY OF FREEDOM OF BOTH SPEECH AND PRESS. THANKS. P.S. ONE OTHER ITEM RELATED TO 'ON THE TOWN'BUT NOT TO THE FOREGOING ISSUE. IF, AS I EXPECT THE PUBLICATION IS PAID FOR BY THE TOWN THROUGH THE TAXES COLLECTED FROM ITS RESIDENTS, I'D SUGGEST THAT THE PUBLISHER BE LISTED AS 'THE TOWN BOARD OF MAMARONECK. Mr. Maker commented on the constitutionality of door to door soliciting. REPORT OF COUNCIL Councilman Odierna attended the Fireman's Parade, Senior's Luncheon, Human Rights Commission Meeting, Chamber of Commerce Meeting and Recreation Commission Meeting. He elaborated on the many diverse programs the Recreation Department is offering. Councilman Odierna noted how much his grandchildren were enjoying the sailing program at the Mamaroneck Harbor. He announced upcoming meetings for Summit on July 17 and Bonnie Way flooding on July 18. Councilwoman Wittner noted she filled in for Supervisor O'Keeffe at the Ambulance District Meeting. As previously noted she attended the Fire Council Meeting and the Fireman's Parade. Councilman Fishman noted that as part of the negotiations to bring Verizon into the Town of Mamaroneck with a television franchise, residents may not be aware that if you want to keep your copper wiring you must inform Verizon. The new ROS, optical cable for high speed, will not use traditional copper phone wiring. Moving forward with negotiations this will hopefully be made clearer; in the interim residents should be aware of this issue. 38 July 11, 2007 Supervisor O'Keeffe interjected noting that last week she, Mr. Altieri and Councilman Fishman, met with Verizon. Councilman Fishman will be the new Board Liaison to the Cable TV Advisory Board. Councilman Fishman mentioned that as part of the Babe Ruth National Tournament, Mamaroneck will be hosting the State part of the tournament. Residents wanting to view some terrific baseball being played by our fourteen year olds, should visit the Larchmont Mamaroneck Little League web site. Councilwoman Seligson attended the Zoning Board Meeting. She noted that the Planning Board canceled their meeting as there was only one item on the agenda. She reported that Sara Price was working on the ICLEI Project, and is currently doing a carbon footprint of the Town. SUPERVISORS REPORT Supervisor O'Keeffe noted that a few weeks ago the Mamaroneck Artist Guild held a fundraiser in the Town Courtroom. It was a wonderful and successful event. She also commented on the beautiful photographs now on display in the entrance to the Town Center. ADJOURNMENT Supervisor O'Keeffe closed the meeting in memory of Westchester County Sheriff, Ronald Mirabella who suddenly passed away. Mr. Mirabella is the son of Lily and Joseph Mirabella, and the brother of Ex-Fire Chief Joe Mirabella. There was a tremendous outpouring of affection and support at this sudden loss. Supervisor O'Keeffe sent her sympathies to the Mirabella family, who have been active members of the Town of Mamaroneck for five generations. On motion of Supervisor O'Keeffe, seconded by Councilwoman Seligson the meeting was unanimously adjourned into executive session to discuss a contract with the Town of Mamaroneck. Submitted by Christina Battalia, Town Clerk 39