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Home My WebLink About2020_02_05 Town Board Meeting Packet TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY February 5, 2020 THE TOWN BOARD WILL CONVENE AT 5:00PM, IN CONFERENCE ROOM A TO DISCUSS: 1 . WJ W W Budget Presentation 2. Capital Plan Report and Update 3. Recruitment - Police Department 4. Proposal for Outdoor Dining - Billy and Pete's 5. Comprehensive Plan 6. Update -Sanitation Commission Apportionment 7. Census Update 8. Larchmont Library Budget/Village Center Usage 9. Westchester County Housing Information -Town of Mamaroneck 10. New Business Request for Executive Session 8:00PM CALL TO ORDER -COURTROOM PUBLIC HEARINGS 1. Parking Restrictions - Normandy Road 2. Amendment to Town Fee Schedule - Electric Vehicle Charging SUPERVISOR'S REPORT BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1 . Appointments Boards and Commissions 2. Authorization - Contract for Housing Inspections -Section 8 Program 3. Submission of SEMA Report - Section 8 Program 4. Salary Authorization - Highway Department 5. Authorization - Contract- AKRF for Comprehensive Plan 6. Authorization -Stipulation of Settlement- Weaver Gardens 7. Consideration of Certiorari REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETINGS- February 19, 2020 & March 4, 2020 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. TOWN BOARD MEETING WORKSESSION AGENDA WEDNESDAY, FEBRUARY 5, 2020 5:00PM - CONFERENCE ROOM A 1 . WJWW Budget Presentation (See attachment) 2. Capital Plan Report and Update (See attachment) 3. Recruitment- Police Department (No attachment) 4. Proposal for Outdoor Dining- Billy and Pete's (See attachment) 5. Comprehensive Plan (See attachment) 6. Update- Sanitation Commission Apportionment (See attachment) 7. Census Update (No attachment) 8. Larchmont Library Budget/Village Center Usage (See attachment) 9. Westchester County Housing Information-Town of Mamaroneck (See attachment) 10. New Business 11. Request for Executive Session Westchester Joint Water Works WESTCHESTER JO NT WATER WORKS Five Year Joint Capital Improvement Plan 2020-2024 tdWestchester Joint Water Works Five Year Joint Capital Improvement Plan • Includes twelve "Joint Water System" capital improvement projects that benefit all member communities; • The improvements provide compliance with regulatory requirements, enhance water quality, provide for additional water system redundancy/resiliency and improve water system monitoring & control; • Estimated Total Cost - $126.2 million (Includes Filtration Facility - $108 Million) • TOM Share of Estimated Cost - $22.7 million • WWestchester Joint Water Works WitTrNISTflt 1011, Five Year Joint Capital Improvement Plan Year Project Estimated Project Costs Rye Lake UV Treatment Facility $8,000,000 Rye Lake Distribution Infrastructure Modifications $750,000 Winged Foot Water Storage Tank Rehabilitation $3,000,000 Shaft 22(Delaware Aqueduct)Chlorination System $500,000 Rye Lake Filtration Plant-Phase I(Engineering/Permitting)* $6,000,000 Wholesale Customer Meter/Pressure Regulator Vaults(SWW Interconnection#1) $450,000 Wholesale Customer Meter/Pressure Regulator Vaults(SWW Interconnection#2) $450,000 2020 $19,150,000 Wholesale Customer Meter Vault(SWW Interconnection#3) $250,000 Purchase Water Storage Tank#1 Rehabilitation $1,250,000 Rye Lake Filtration Plant-Phase II(Engineering, Bidding, Procurement)* $36,000,000 2021 $37,500,000 Park Lane Pump Station Upgrade $500,000 Purchase Water Storage Tank#2 Rehabilitation $1,250,000 Rye Lake Filtration Plant-Phase III(Construction)* $22,000,000 2022 $23,750,000 Park Lane Water Storage Tank#2 Rehabilitation $1,750,000 Rye Lake Filtration Plant-Phase IV(Construction)* $22,000,000 2023 $23,750,000 Rye Lake Filtration Plant-Phase V(Construction)* $22,000,000 2024 $22,000,000 5 Year Total $126,150,000 *Total estimated cost of all phases of Rye Lake Filtration Facility-$108 million Westchester Joint Water Works NA iN.l/KF% Five Year Joint Capital Improvement Plan Funding • A Water Infrastructure Improvement Act (WIIA) Grant was recently awarded to WJWW's Rye Lake UV Facility Project for up to $3.2 million; • Ongoing discussions with NYS EFC regarding other potential grants and alternative financing options; • Evaluating potential Federal funding through Water Infrastructure Finance & Innovation Program (WIFIA); • Bond financing and water rate increase scenarios are being reviewed; • Accumulated Water Fund balance may be used to mitigate the level of annual water rate increases. • tijWestchester Joint Water Works wcs,CHan.low, wA,,I%MIMS Five Year Joint Capital Improvement Plan Regarding Local Distribution System Capital Projects: The 5-year plan does not incorporate capital projects for local infrastructure within the member municipalities. In addition to the joint capital projects listed, there will undoubtedly be the need for local capital projects. While WJWVV has nothing specific planned at this point for specific local capital projects, the categories of local capital projects likely to arise each year are emergency replacements of transite or undersized water mains when they fail ( a reasonable placeholder would be $ 500 thousand annually) and the replacement of vulnerable/non-functional water infrastructure in advance of the planned paving programs within each of the member municipalities (a reasonable placeholder would be $200 thousand annually). idWestchester Joint Water Works WtSI(NFST(R$)TE.T WATER WORKS Rye Lake UV Treatment Facility The project entails the construction of a prefabricated 40 MGD UV treatment facility, as part of a broader plan to resolve an outstanding court order and to bring WJWW into compliance with the Surface Water Treatment Rule and the Long-Term 2 Enhanced Surface Water Treatment Rule which includes the construction of a filtration plant near Purchase Street adjacent to the Westchester County Airport. The UV facility would eventually provide the treatment necessary to comply with the appropriate EPA Bin classification for filtered water systems, but in the interim, it will provide the following immediate benefits: - Provide uniform water treatment throughout the WJWW system and true source redundancy; - Potentially reduce disinfection by-products (THMs and HAA5s) due to the need for less chlorine for disinfection; - Allow for an increase in water production capacity at the Rye Lake pump station and free-up of storage capacity at the Purchase Tanks, by reducing required chlorine contact time, to meet current peak and future system-wide demands; - Facilitate shut down of 30-inch transmission main from Shaft 22 of the Delaware Aqueduct to perform the first comprehensive inspection of the main since its installation over 60 years ago; - Contribute to the ability to meet system-wide demands during any extended shutdown of the Delaware Aqueduct by NYCDEP. • Westchester Joint Water Works N•'F•WORR\ Rye Lake Distribution System Infrastructure Modifications Replacement of large diameter (30+ inches) pipe and valves to accommodate new UV facility and other planned process changes at Rye Lake. Winged Foot Water Storage Tank Rehabilitation Prior inspections have noted multiple failures of the coating system on this 750 thousand gallon elevated hydropillar water storage tank. In order to avoid structural steel failures and to extend the useful life of the water storage tank, a full rehabilitation is required. The rehab will involve a complete blasting of the tank's interior and exterior surfaces and application of a new coating to properly protect the structural steel. Additionally, improvements will be made to the tank to meet current regulatory requirements: - Replacement and upgrade of ladder and climb systems; - Upgrade of the venting system; - Relocation and upgrade of tank lighting system with more efficient LED system. Shaft 22 (Delaware Aqueduct) Chlorination System NYCDEP will not be providing chlorination prior to WJWW's connection at Shaft 22 of the Delaware Aqueduct in the future, but WJWW will still require chlorination at that point in the system in order to achieve required chlorine contact time. WJWW is working in conjunction with the City of Yonkers to co- locate a tablet chlorination system at the City's facility located at Shaft 22. tdWestchester Joint Water Works ArSII ,111,0i, AS IH.InK, Wholesale Customer Meter/Pressure Regulator Vault Projects (SWW Interconnections #1 & #2) To better monitor and control the volume of water and water pressure supplied to Suez Westchester and to better manage peak demands within the WJWW distribution system, WJWW will be installing vaults with new meters and pressure regulators at two of the locations through which it is interconnected with the Port Chester/Rye/Rye Brook water systems managed by Suez Westchester in 2020. Also meets NYCDEP demand management requirements. Wholesale Customer Meter Vault (SWW Interconnections #3) To better monitor the volume of water and water pressure supplied to Suez Westchester and to better manage peak demands within the WJWW distribution system, WJWW will be installing a vault with a new meter at a third location through which it is interconnected with the Port Chester/Rye/Rye Brook water systems managed by Suez Westchester in 2021 . Also meets NYCDEP demand management requirements. Purchase Water Storage Tank #1 Rehabilitation Prior inspections have noted multiple failures of the coating system on this 1 .0 million gallon water storage ground tank. In order to avoid structural steel failures and to extend the useful life of the water storage tank, a full rehabilitation is required. The rehab will involve a complete blasting of the tank's interior and exterior surfaces and application of a new coating to properly protect the structural steel. Additionally, improvements will be made to the tank to meet current regulatory requirements. Westchester Joint Water Works .Nl HIVfN,,,ih, Park Lane Pump Station Upgrade Modification of pump station to support changes in water distribution (capacity, etc.) necessitated by additional treatment facilities and district expansion. Purchase Water Storage Tank #2 Rehabilitation Prior inspections have noted multiple failures of the coating system on this 1 .0 million gallon water storage ground tank. In order to avoid structural steel failures and to extend the useful life of the water storage tank, a full rehabilitation is required. The rehab will involve a complete blasting of the tank's interior and exterior surfaces and application of a new coating to properly protect the structural steel. Additionally, improvements will be made to the tank to meet current regulatory requirements. Park Lane Tank #2 Rehabilitation Prior inspections have noted multiple failures of the coating system on this .8 million gallon water storage tank (standpipe). In order to avoid structural steel failures and to extend the useful life of the water storage tank, a full rehabilitation is required. The rehab will involve a complete blasting of the tank's interior and exterior surfaces and application of a new coating to properly protect the structural steel. Additionally, improvements will be made to the tank to meet current regulatory requirements. _ Westchester Joint Water Works Rye Lake Filtration Facility A long awaited 5-year project to construct a 30 MGD (Expandable to 40 MGD) filtration plant to bring WJWW into compliance with EPA surface water treatment rules will enter into detailed engineering design and permitting (Phase I) in 2020. This project will also improve WJWW's ability to expand its capacity to meet future demands and maintain a truly redundant source. Phase II (Engineering, Bidding, Procurement) will take place in 2021 and Phases III-V (Construction) will begin in 2022 with completion and start-up in mid-2024. IdWestchester Joint Water Works M,Str"HISIIX J lItil W ttMtM1 Filtration Facility Background A United States Environmental Protection Agency (USEPA) 1111111 Surface Water Treatment Rule (SWTR) Filtration ill Requirement Compliance History -, -- - Court Order from NYS July 11, 2019: Supreme Court to construct a WJWW met with WCA USEPA Administrative Order(AO) water filtration plant by regarding potential siting requiring WJWW to submit plans within 30 December 2008 for a filtration facility days to address longstanding violation of the SWTR filtration requirement 1999 2009 2016 2018 • • • • • • • • • • • 0 0 0 0 0 0 0 O -- 2004 2017 2019 Injunction from NYS Attorney I General to require WJWW to WJWW working with the WJWW committed to November 26, 2019: construct a water filtration NYSDOH in exploring construction of a filtration USEPA Administrative Order(AO) requiring facility for Rye Lake water compliance alternatives plant and working with WJWW to commence design of the proposed source to filtration Westchester County in Rye Lake Filtration Facility and begin SEQR exploring site viability at process by Jan. 31, 2020 with the Filtration WCA Facility operational by October 15, 2024 11 Westchester Joint Water Works Other Filtration Driver: Disinfection Byproduct MCL Violations • In 2019, three Maximum Contaminant Level (MCL) violations were issued by Westchester County Department of Health (WCDOH) to WJWW for Haloacetic Acids (HAA5) MCL exceedances. • USEPAAdministrative Order — July 11 , 2019 o Compliance with the SWTR filtration requirement will give WJWW more control over removal of disinfection byproduct precursors and better ability to routinely comply with disinfection byproduct MCLs, specifically HAA5. Westchester Joint Water Works vas-toffs-rya,o w WATV MORCS Other Filtration Driver: Disinfection Byproduct MCL Violations "Disinfection byproducts (DBPs) can form in water when disinfectants used to control -� ,' r ' microbial pathogens combine with naturally , ,: ' occurring materials found in source water" ti ,`rt• : t • Regulated DBPs: • • Total Trihalomethanes (TTHM) Organic matter in source water: • Haloacetic Acids (HAAS) Dissolved and particulate matter resulting from decaying vegetation and bacterial growth Westchester Joint Water Works WESTCHESTER JOINT WATE■WOMBS W ESTCHEST_E_R COUNTY,NEW YORK } xiET WJWW Service Area - ,,�. ., - . r e Rye Lake Pump Station .. ,.' .. ;�•�. r Westchester • • ' County Airport • , l Delaware Shaft -I MEMMN,II.r. 22 • �- ' , Pipeline _ ---_ r.-1 l . -- 4-., Major Water Suppliers • WWestchester Joint Water Works WFSTCNFSTFII JOINT WfTF■NO*KS Rye Lake Filtration Treatment Process, Capacity and Site Evaluation • Evaluated Dissolved Air Flotation/Filtration (DAFF) and membrane treatment options at 30 and _ 40 mgd • Developed conceptual footprints, costs and schedule • Evaluated the viability of the Westchester County Airport Tower Road site Westchester Joint Water Works RSSIANRS WATER WORKS Findings Rye L.tke Souroef Siting and Pump Station G • The Tower Road site would accommodate ,.. - both treatment options at 30 and 40 mgd Westcheste County Airport 09 ":1' / / • Ideal due to the proximity of the site to , --- 9 it, existing WJWW infrastructure `` Purchase / // .7 1 W ; Treatment Selection Street / d • • Dissolved Air Flotation/Filtration (DAFF) .. .- . � ,� ...,1, r treatment has lower construction and Rye Lake a . source water ,* ' 4 AI ,4 operations costs compared to membrane transmission ij �" 'e." filtration main .fir i?F�,>✓? ,� � Purchase Street Storage Tanks WWestchester Joint Water Works WTSTCMfSTTN 101ST WATT!WORKS Findings Capacity • A 30-mgd DAFF facility is appropriate for WJWW's current and near-future demands • Design can integrate provisions for future expansion to 40 mgd Costs • 30-mgd DAFF Facility: $85M (2018 dollars) Schedule • Design through construction: 4.5 years Li i Westchester Joint Water Works Wf ST(NTST(R JOINT WATER WORKS Dissolved Air Flotation/Filtration (DAFF) • Proven water treatment 1 technology --<71—.610VIED! Comp' d Air System Pumps • Used in Europe since the 1960s DAF Sludge Skimmer • Very effective at treating 1, reservoir water -- -- `Y Solids • Compact layout offers lower Raw .. \ \DAF Zoos �, capital costs than most other Water . BaokwashTrouQhs __ clarification processes - 4 4 4 4 . Filter Media __ • Robust process that is not p Filtered susceptible to process upsets "" " ----� Water Westchester Joint Water Works WSSTCSIESTER JOIMT WATER WORKS Local Dissolved Air Flotation/Filtration (DAFF) Facilities DAFF is a proven water treatment technology used throughout the area on similar waters. NEVI YORK CONNECTICUT oatskill Aqueduct vvTP Cordandt.NY Peekskill WTP T mad Wamer WTP S mad �NY •6°"Ion Water N. d 0—Tb mad • • Stamford WTP ' - TOS WTP 330 Waterquarian ongicland sound .> • - 07)* - Croton WFP .y NYODEP5r a NEW JERSEY mgd - - • 2o mi 35 mi !tr. Dissolved air flotation treatment facilities in the area. The 30-mgd Stamford DAFF WTP was used as a basis for the footprint and cost of the proposed Rye Lake Filtration Facility. tijWestchester Joint Water Works WISTCNESTIR JOINT *ATE■WORKS Establishing Facility Footprint Dissolved Air Flotation/Filtration: Based on 30-mgd Aquarion Stamford WTP DAF/Filter Basins Raw Water 11 7,1 ,, , x Rapid Mixing and Flocculation \ - ' Filtered Water "" N :):,,, Chemicals and Utilities Backwash Handling Administrative Process Tanks, Utilities, and Equipment 1 1 Scale-up to 30 and 40 mgd: j • Flocculation: • Chemicals: Reduce floc time to current Size comparable to early standards WJWW design • DAF/Filtration: • Administrative Area: Add Trains Match 20 mgd WTP size • Other Processes: User ratio based on longer building WWestchester Joint Water Works WESTCHFSTta)OMT WATT"WORKS Preliminary Site Footprint and Layout • Both technologies fit comfortably within airport site • Approximate 1-acre building, 3- to 5-acre finished site Fr , Proposed DAF Filtration Facility$, Saturaton, DAF Recycle .,.t..; Coagulant �\ Pumps 41, Prellrrindrl. . PPuumpstatic,ake 1111111 Roo Aid � Air a.� j Finis �• iir •• • Puroha � � /11144'-' • Street Setb2Yt;` _ Static _ g �M� •� (2 Stags) DAF �+R/1. k iiii Flocculation ;":"7t . lir (2 Stags) • we' la V.• Fiter•d Water _ F1111 Transfer Tank P;nchaS •r IN 0hemimis • %T Saokwadi � Saokwaah�� Existing Fenceline 3ettringTarJc e • -�lr g •s a Road/Access R ; PumhaeTanks t / .r Floated Solids Storage Tanks 'I 4 .. Stowage Solids to Sewer Storage Tank 4j I idWestchester Joint Water Works WFSTCNFSIIR lOINt WAIF!WORKS Proposed Filtration Facility Siting . Proposed VI N Filtration Facilit - t ./ % Prk limi i. `�At. • Fil'. 1 • rnished. Rye Lake , ,••' 100 ft Purchase �..� "r Street Setback'; 's 4 Rye Lake Pump Btition wosuhusiw - / co.ntV Avyort t` it � b..a r h Put c Street �. St not 1" { Existing Fenceline Fist Road/Access Road ' T•w•l Noe. T• . 1#` J i} .ji 4 - .r + a - .4,ase tanks ,t, ., �die B'Y `' ,•- ` _ (. sine fir Y"s. .� - ter ,r.1 i *II -7- -b'! <y 'i, i Westchester Joint Water Works WM-CHESTER 10.TO WATER WORKS Proposed Filtration Facility Siting Close proximity to. Rye Lake Sour.. and Pump Sta '•n • Rye Lake Source and Pump Station 4 • Rye Lake source water transmission main . '" e • Purchase Street Water Storage Tanks ., =- Purchase Street i`%// - el ` Rye Lake _ _,, ' source water transmission vie, • main is j/ y • r4 , Pu;hsdse Street . r' 4 c.41-4T4 ` r•' Li) Westchester Joint Water Works Proposed Filtration Facility Siting Other considerations: '' ,, It 1 • No anticipated wetland disturbance • No impacts to archeological orWestchesteh . County Airport historic resources (SHPO • _ " determination) -'14 S h Purchase � • rd. N.,; I ,. • Access via Tower Road - Street , . :, 1' ,... w,: • Maintain existing stone wall .4. -r • Relatively flat site �, 1,7" • '8,54::t Tree removal only as necessary Mapped Wetlands �] • Within Kensico Reservoir watershed 24 Westchester Joint Water Works WESTCNESTEII J0114T WATS*WOWS Proposed Filtration Facility Siting Rye Lake Source A and Pump Station N Harrison Buffers and Zoning: (R-1 ) One Family Residence2li, Westchester • Maintain 100-ft buffer to Purchase ,. ----,e County Airport /v Street with trees , , Harrison Zoning: Purchase C • SB -o) Street iripoidr col Eiuv,.,, • Special Business District (SB-0) . District R-2 ) Purchase Street Storage Tanks Westchester Joint Water Works n1,11r1,1IN 11,1 Anticipated Approvals, Consultation and Coordination • Westchester County Department of Public Works • Westchester County Board of Legislators Environment, Health and Energy Committee • Westchester County Board of Acquisition and Contract • Federal Aviation Administration • Westchester County Airport Advisory Board • State Environmental Quality Review (SEQR) compliance and NYS Department of Environmental Conservation 401 Water Quality Certification • WJWW Member Municipalities • Westchester County Department of Health • NYS Department of Health • NYC Department of Environmental Protection WWestchester Joint Water Works WiSTCArTTTII JOINT WATERY/0111(S Ongoing Site Investigations -,,, f--45'1-4 4, , I , . 7 - "V - ., • !If t, „lilt ' " olikt. :, ... ... • Environmental Evaluations • Wetlands • Natural resources , , _ ‘It i • Contamination/historic use of site _.f • ., • Groundwater quality evaluation 10 i • Phase I Archeological Survey i* iI . 1 • Preliminary geotechnical (below- - t..7: . - • _ ground) investigation , 1. --•A� a Westchester Joint Water Works NIlN H11N.1 Proposed Rye Lake Filtration Facility . r. a Proposed :,, Filtration Fac ' • Facility Building and Site Footprint j • O• of Fini- N • Approximate building footprint: 1 acre 100 ftPurchaseit / Street Setback / r a• • Finished site: 3-5 acres _ j ,;.�" 'Ann, ii • Parking and access j. '" k10 Put• Stormwater control ,,, " .' • Maintain 100-ft Purchase Street setback %:1° / iiiir 11.11111111." : ExistingFencefine i Road/Access Ro-d -"° •`' and existing stone wall u .�.;::. _ • Access via Tower Road along existing Vaiie 41`; -Roe., c airport fence line road Westchester Joint Water Works W[STCM[ST[R JOINT WATT*WORKS Cost Estimating Practices Hazen's Cost Estimating Group provides transparent, defensible construction cost estimates by utilizing recommended practices of the AACE, real data on cost, and construction knowledge. • Right-sized estimates A HISTORY OF RIGHT SIZED ESTIMATES • Comprehensive cost estimating • Understanding of market conditions IN 2018 AND 2019 HAZEN DEVELOPED • Follow industry trends �a� • Mitigating risk estimates • Local estimates TOTALING OVER • Ossining Indian Brook Water Treatment Plant ,'. • White Plains Water Storage Tanks 1 $6.7 billion • White Plains Transmission Main • Carmel Water Treatment Plant ESTIMATES WITHIN -10%TO +15% OF BID RANGE -4 80% 14) Westchester Joint Water Works Wn'lR WORKS Construction Cost Estimate Development • Construction costs developed by escalating components of similar Hazen projects: • 2004 Stamford, CT 33-mgd Dissolved Air Flotation/Filtration Plant • 2006 Rye Lake Immersed Membrane Filtration Plant • AACE International Cost Estimating Standards applied AAC0E. • Class 3 level estimate — accuracy range of-20% to + 30% NTERNATIONAL • Comparative cost estimate for different processes to compare to other alternatives • Single prime contractor • Cost presented in 2018 dollars Westchester Joint Water Works WFSTrNFSTFII JOINT WATFI W011KS Construction Cost Estimate Above the Line Costs Description Conceptual Estimate General Conditions $ 7,684,000 Site Work $ 4,158,000 Concrete $ 6,594,000 Building Components* $ 5,171,000 Plumbing and HVAC $ 1,916,000 Process Mechanical/Equipment $ 4,655,000 Electrical and Controls $ 5,614,000 Subtotal: $ 35,792,000 *Building components include materials, doors and windows, finishes, thermal and moisture protection,conveying systems, furnishings and specialties. Westchester Joint Water Works WESTCHESTER JOINT WATER WORKS Construction Cost Estimate Below the Line Costs—2018 Dollars Description Factor Conceptual Estimate Above the Line Costs: $ 35,792,000 Escalation from 2004 53.89% $ 19,289,000 Subtotal: $ 55,081,000 Contractor Overhead and Profit $ 8,199,000 Subtotal: $ 63,280,000 Bond and Insurance 3% $ 1,898,000 Subtotal: $ 65,178,000 Design Contingency 30% $ 19,553,000 TOTAL CONSTRUCTION COST: $ 84,731,000 WWestchester Joint Water Works WFSTCNFSTIR JOINT WATER WORKS Project Cost Estimate Description Conceptual Estimate Construction Cost: $ 85,000,000 Engineering and Inspection Costs $ 12,000,000 Subtotal: $ 97,000,000 Contingency $ 11 ,000,000 TOTAL PROJECT COST: $ 108,000,000 Note: TOM Share of Cost - $19.5 million Memorandum To: Supervisor and Town Board Re: 2020 Capital Project Status Report Date: January 31, 2020 The following is a status report on capital projects approved for the 2020 Town Budget year. Project# Description Project Exp. To Date Project Status Budget 2020-04 Resurfacing of $684,000 $0 Field measurements for tentative Various Roads paving list complete. Finalization of (2020) roads list/ bid document to be completed in March 2020-14 Town Center $200,000 $0 Consultant contract required for Building preparation of bid documents. Improvements- Contractor procurement planned for Replace Flooring fall 2020 2020-25 Hommocks Pool $1,400,000 $0 Consultant contract required for Improvements preparation of design and bid documents. Procurement schedule planned for construction start in fall -- — 2020 2020-31 Memorial Park $334,000 $0 Survey contract awarded for fieldwork Playground in February. Design consultant selection expected for Town Board consideration in March. 2020-38 Highway Garage $126,650 $0 Bid documents developed in 2018 - Radiant Heat I intended to be used as basis for new contract. 2020-38 HighwayOffice $108,000 - n $0 Bid documents developed in 2018 Building HVAC intended to be used as basis for new contract. 2020-38 Highway Garage $150,000 $0 Preparation of bid documents - Replace Doors scheduled for March/April. Construction expected in late summer 2020. 2020-40 Sheldrake $100,000 $0 Consultant contract required for Improvements - preparation of bid documents. Monroe Camp Expected construction in late summer _ Driveway 2020. _ 2020-58 Senior Center �$248,000 $0 Westchester County CDBG Award- Improvements- I $100k received 1/29. Consultant Activity Room, Porch � required for design services and preparation of bid documents Renovation 2020-59 VAC Building $114,500 —$0 Proposal scoping session completed HVAC with engineering consultant. Formal proposal for detailed design and bid documents expected in February. 11 Page Project# Description Project Exp. To Date Project Status Budget 2020-73 Sidewalks and $334,000 $0 Preparation of bid documents Curbs scheduled for April/May. Construction expected in summer 2020. 2020-75 T Townwide $27,500 - - - -- - $0 Awaiting receipt of formal consultant i Pavement proposal. Evaluation findings expected Evaluation for review in late spring 2020. 2020-78 Harmon Drive $312,000 $0 Westchester County CDBG Award - Sidewalk $100k received 1/29. Project to be included in 2020 Sidewalks & Curbs capital project. 2019-04 Resurfacing of $1,264,915 $1,226,344 r Remainder of contract paving list "°' Various Roads postponed to spring season. Change (2019) order pending for decrease/increase to unit quantities. Budget transfer required for South Ridge paving and curb work performed in 2019. 2019-24 Hommocks Ice $1,313,000 $37,600 Project bids to be received until Rink Lockers February 11th. Tentative contract award planned for construction completion by July 2019-29 TMFD Firehouse $2,289,000 $711,645 Construction in progress.Target Basement completion is scheduled for June 2020 Renovations 2019-58 Senior Center $150,000 $16,000 Draft bid documents under final review Improvements - for publication. Construction Banquet Room anticipated for spring/summer 2020. Renovation —, 2019-62 Waverly Avenue $1,999,200 { - —- - - — $18,183 Preliminary design documents being Bridge prepared by Engineering Consultant. Reconstruction i Design timeline with NYSDOT approvals to continue throu•h 2020 2019-63 Hillside Avenue $207,000 $2,687 Final design documents pending Bridge NYSDOT review. R.O.W. acquisition Reconstruction and preparation of bid documents to follow. Potential for contract letting in fall 2020. 2019-64 Hickory Grove $226,300 $3,588 Proposals for survey services Drive East received. Awaiting proposal from Sidewalk engineering consultant for design Extension development and preparation of bid — — documents. 2019-65 Stone Masonry $90,000 $0 Awaiting preparation of on-call Repairs - Barker contractor services bid by Consultant. Cemetery & Intend to award work once on-call Myrtle Blvd services contractor has been retained Archway 2019-69 Electric Vehicle $129,997 $107,325 (3) EV charging stations installed and Charging I , operational. Installation of Hommocks Stations ! i ( Rink station scheduled for May 2020. 21Page • Project# Description Project Exp. To Project Status Budget Date 2018-14 Town Center $400,000 , $0 Replacement of flat roof over courtroom Building ! requires preparation of bid documents. Improvements - Construction anticipated for fall 2020 Re'lace Flat Roof 2018-48 Myrtle Blvd $120,000 $0 Awaiting proposal from engineering Parking Deck consultant for design development and Waterproofing preparation of bid documents. 2018-60 SSES Sanitary $2,795,000 $942,308 Phase I open cut repairs complete. Sewer Sewer lining and manhole rehab on Improvements schedule for completion by March. Design development initiated for Phase II repairs for potential construction in summer 2020 2018-61 Madison Avenue/ $1,166,000 $7,900 Award of EFC GIGP funding received New Jefferson $1,000,000. Proposal from engineering Traffic consultant in preparation. Construction Improvements anticipated for spring 2021. 2017-14 i Town Center $227,500 $0 Results from January rebid to be Building presented for TB consideration of Improvements - contract award. Increased budget Restroom required for award of full project scope Renovation 2017-38 Highway Yard $150,000 $0 Awaiting proposal from engineering Drainage consultant for design development and Improvements preparation of bid documents. Connection of existing holding tank discharge to WCDEF sewer to be evaluated. 2015-45 Weaver Street $347,360 $38,433 Final design documents pending Sidewalk NYSDOT review. R.O.W. acquisition and Extension preparation of bid documents to follow. NYSTAP Grant ; 1 ; Potential for contract letting in fall 2020. 2014-23 Baldwin Avenue $35,113 $0 RFP for comprehensive evaluation of Pump Station pump station and recommendations for Evaluation rehabilitation to be prepared in Summer 2020. Totals $17,049,035 $3,112,013 31Page This schedule of the Capital project update will be reviewed with the Town Board at its upcoming work session on February 5th. Should you require any additional information before then, please let me know. 41101 tephen V. Altieri r obert Wasp, P.E. Town Administrator own Engineer 4 I P .1 9 Town of Mamaroneck DATE:1/28/2020 �' Engineering Department,Town Center PREPARED BY:L.G. 740 W.Boston Post Road,Mamaroneck,NY 10543-3353 CHECKED BY:R.W. 2020 CAPITAL PROJECTS ESTIMATED CONSTRUCTION PHASING APPROVED CAPITAL PROJECTS PROJECT TIMELINE Capital B Year ProjectCapital / Project Name Jan Feb Mar ( Apr May Jon Jul Aug Sep ( Oct Nov Dec �� Contract 8 2020-04 Resurfacing of Various Roads(2020) 2020-14 Town Center Building Improvements-Replace Flooring , 5(^, ' sem'—,- 2020-25 Hommocks Pool Improvements 1 =Mill ".-`' 1':.:.' 2020-31 Memorial Park Playgrotmd 2020-38 Highway Garage-Radiant Heat 2020-38 Highway Office Building HVAC • 2020 2020-38 Highway Garage-Replace Doors I i 2020-40 Sheldrake Improvements-Monroe Camp Driveway I I • 2020-58 Senior Center Improvements-Activity Room,Porch Renovation 1 1 2020-59 VAC Building HVAC j f 2020-73 Sidewalks and Curbs I 2020-75 Towawide Pavement Evaluation j , 2020.78 Harmon Drive Sidewalk �---1---y--_ �-- — --- 2019-04 Resurfacing of Various Roads(2019) r 2019-24 Hummocks Ice Rink Lockers - _ �__ 2019-29 TMFD Firehouse Basement Renovations s :1 1, 2019-58 Senior Center Improvements-Banquet Room Renovation I 2019 2019-62 Waverly Avenue Bridge Reconstruction I 1 ! I I i 2019-63 Hillside Avenue Bridge Reconstruction 2019-64 Hickory Grove Drive East Sidewalk Extension I ( 1 2019-65 Stone Masonry Repairs-Barker Cemetery&Myrde Blvd Archway.. I i 2019-69 Electric Vehicle Charging Stations I 2018-14 Town Center Buildinglmprovements-Replace Flat Roof _ --- --- ---,---- 2018 201848 Myttle Blvd Parking Deck Waterproofing 1 I I 2018-60 SSES Sanitary Sewer Improvements 201861 Madison Avenue/New Jefferson Traffic Improvements 2017 2017-14 Town Center Building Improvements-Restroom Renovation 2017-38 Highway Yard Drainage Improvements I I . _2015_ 2015-45 Weaver Street Sidewalk Extension NYSTAP Grant — 2014 2014-23 Baldwin Avenue Pump Station Evaluation y I • • 1=Design/Bidding Phase =Construction Phase maaaaaaaao =Anticipated Phase 0 TOWN BOARD MEETING WORK SESSION AGENDA February 5, 2020 #3- Recruitment- Police Department No Attachment Luft, Lindsey From: Altieri, Stephen Sent: Friday,January 31, 2020 10:48 AM To: Luft, Lindsey Subject: FW: Patio Pavers Sketch for 121 Myrtle Blvd From: Billy Bishop [mailto:williamdaviesbishop@gmail.com] Sent:Thursday,January 23, 2020 2:18 PM To:Altieri,Stephen<SVAltieri@TownofMamaroneckNY.org> Subject: Fwd: Patio Pavers Sketch for 121 Myrtle Blvd Hi Steven and Richard, Just wanted to follow up on our meeting and discussion last week regarding Billy and Pete's. Also wanted to say I had a great meeting with Jill, Eileen and Maria about working together on events and future happenings at Memorial Park and the Town. I've met with 3 local masonry/landscaping firms regarding a possible side patio thus NOT having anyone seated in the front parking area moving forward. They basically have the same ideas and I've attached the first that I received but they basically all are similar. All three have said having something closer to the front side on park but still a safe distance from the street would be preferred. It is a flatter surface and would be much easier to put pavers in and keep things simple without dealing with the roots of the large tree. The area that they are suggesting would be comparable or smaller than the space that was utilized previously. We would make it look great and enhance landscaping and create a beautiful environment without causing disruption to the park. Keeping the area closer to the front will enable customers to go inside to use restrooms as well as our servers bringing food and drinks outside. Speaking with Jill yesterday there may be events to utilize the potential outdoor patio for co-sponsored events with the town and Billy and Pete's. Let me know your thoughts and if the size and scope make sense and next steps to move forward. Also as discussed your thoughts on possible terms for a seasonal lease (6 months?) of the outdoor property. Once we get on the same page with general thoughts I can start to get back to you with more specifics but wanted to your first thoughts. We are here for the long run and are looking to be contributing partners to the community. Billy 914-645-8820 Sent from my iPhone Begin forwarded message: 1 8.0' a? r 0 cQ J 1 Sty/Bsmt ' M ! N f 253.0 s� r J f 14.0' - r c6 1 Sty/ smt j 1Z' 40.5 sf 4.0' , "EL_ (6/ iti Nr ?0, v C r 5 ! 2 Sty/Bsmt 5.0' 1786.0 sf 4 ac e -f- __.._.____.... 25.0' Environmental,Planning,and Engineering Consultants 34 South Broadway Suite 401 White Plains,NY 10601 tel:914 949-7336 fax:914 949-7559 www.akrf.com January 31,2020 Nancy Seligson,Town Supervisor Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Re: Proposal for Comprehensive Plan Consulting Services Dear Supervisor Seligson: AKRF, Inc. ("AKRF" or the "Consultant") is pleased to present this proposal for Comprehensive Plan Consulting Services to the Town of Mamaroneck(the"Client").For this proposal,AKRF will be joined by our subconsutlant, MUD Workshop. AKRF understands that the Town seeks a "policy-based" vision document that reflects the community's goals through a lens of resilience and sustainability with respect to: community character; future land use and development (including, homes, commercial corridors, businesses, and open space); recreation; mobility; government and community services. To develop the Comprehensive Plan, we propose a wide-reaching and robust public engagement process, such that all stakeholders ranging from Town residents to elected officials are encouraged to take an active part in drafting a "People's Comprehensive Plan." The resultant goals set forth in the Comprehensive Plan will then reflect desires and concerns of all stakeholders and will be based on a consensus decision-making process. The Scope of Work detailed in the attached, "Consultant Scope of Work," sets forth the specific services that the Consultant shall provide.The Consultant Team understands that the planning process will be fluid and we will work with all stakeholders to allow flexibility in setting the precise duration, sequence, and timing of important milestones. Nevertheless, the Scope of Work, together with the fee described below, serves as the best understanding of the Consultant's role at this time. Should material changes to the scope be required that affect the timing and budget of our effort, a written request for amendment would be presented to the Town for its review and approval. AKRF proposes to complete the Attached Scope of Work for a lump sum of $170,000, which will be invoiced monthly based on a percent complete basis. These services shall be provided in accordance with the Terms and Conditions included as Appendix A. If this proposal is acceptable,please return an executed copy to my attention.We look forward to working with you on this exciting project. Offices in New York• New Jersey• Pennsylvania • Maryland • Connecticut Supervisor Seligson 2 January 31, 2020 Sincerely, AKRF, Inc. Fivtre-- /14,4S40--, Peter Feroe, AICP Nina Peek, Vice President and Sr. Technical Director I Planning Director of Hudson Valley Planning cc: Shachi Pandey, MUD Workshop ACKNOWLEDGED AND ACCEPTED: Signature: Title: For: Date: APPENDIX A STANDARD TERMS AND CONDITIONS 1. Services. a. Subject to the terms and conditions hereof, the Client hereby engages the Consultant to perform the Services,furnishing the agreed-upon reports,drawings and/or other work product described in the attached Scope of Work and the Consultant hereby agrees to provide the same.The rendering of Services hereunder is premised on the Consultant receiving full and timely access to the Site and Client's personnel as well as receipt of all information from the Client and its agents relating to the Project as reasonably requested by the Consultant from time to time. b. The Services are limited to those tasks specified in the Scope of Work.If the Client directs the Consultant to perform, or instructs the Consultant to undertake, work or provide Deliverables that are beyond those specified in the annexed Scope of Work and/or Services described in the Scope of Work (collectively, "Additional Work"),the Consultant may in its discretion agree to undertake to perform the same,but the Client shall pay compensation for such Additional Work separate from and in addition to the compensation provided for Services herein. In the absence of written agreement to the contrary, all Additional Work provided by the Consultant from time to time relating to the Project shall be provided for compensation on a time and material basis at the Consultant's then current standard hourly rates in effect from time to time, but otherwise upon and subject to the terms and conditions of this Agreement. c. The Consultant shall determine the continued adequacy of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant. Should the Consultant call for contract renegotiation, the Consultant shall identify the changed conditions necessitating renegotiation, and the Consultant and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If terms cannot be agreed to,then either party has the absolute right to terminate this Agreement by delivery of ten(10)days prior written notice. d. Notwithstanding any other provision of this Agreement or any other agreement entered into by Consultant with respect to the Project,Consultant shall not have control or charge of,and shall not be responsible for, construction means,methods,techniques,sequences or procedures,for safety precautions and programs in connection with work or activities at the project site, for the acts or omissions of any contractor, subcontractors or any other persons performing any work or undertaking any activities at the project site, or for the failure of any of them to carry out any work or perform their activities in accordance with their contractual obligations, including, but not limited to,the requirements of any drawings, specifications or other documents prepared by Consultant. 2. Compensation,Invoicing and Payment. a. The Client shall reimburse the Consultant for the expenses incurred of the type, and in the manner, described in the Scope of Work. Invoices shall be submitted by the Consultant monthly, are due upon presentation and shall be paid in full within 30 calendar days after the applicable invoice date.If payment is not received in full on or before the applicable due date then the Consultant shall have the right to charge interest on any unpaid amount from the due date in an amount equal to the lesser of 1-1/2%per month or the maximum amount permitted by applicable law, calculated on a daily basis.Payments will be credited first to interest and then to principal. Consultant shall be entitled to recover any and all costs incurred, including reasonable attorneys' fees("Collection Costs")in connection with its efforts to collect past due sums. The minimum amount of such Collection Costs is agreed to be the lesser of(1)ten percent(10%)of the past due amount,or(2)the maximum amount allowed by law. b. The Client shall pay all taxes,fees,assessments and charges applicable to the Services and any Additional Work and any other pass-through charges(other than taxes imposed upon the net income of the Consultant) including,without limitation, all sales,use,gross receipts,excise,transaction,consumption,Valued Added ("VAT"), Goods and Services("GST"),utility, message,personal property, intangible tax and any other federal, state and local taxes, fees and charges applicable to the Services and Additional Work provided hereunder,including interest and other charges thereon chargeable by the taxing authorities. A-1 Rev 5/18/2018 3. Performance Standards. a. The Consultant shall use reasonable commercial efforts to render the Services,any Additional Work and all other obligations under this Agreement in accordance with(i)the standard of care and skill ordinarily used by reputable members of the same profession practicing under similar circumstances at the same time and in the same locale and(ii)all applicable codes,regulations,ordinances,and laws in effect as of the date of the execution of this Agreement (collectively, "Laws"). Neither the Consultant's entering into this Agreement nor any performance hereunder by the Consultant, or any affiliate or subcontractor thereof,or any of their respective officers, directors, owners or employees or agents shall create any fiduciary obligation owed to the Client or any other person or entity. Client or any other person or entity and any such obligation is hereby fully and expressly disclaimed. b. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONSULTANT IS MAKING NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICES, ADDITIONAL WORK OR ANY DELIVERABLES. c. The Consultant shall not be responsible for the acts or omissions of any subcontractor, supplier or other personnel based on interpretations or clarifications of the Project or the Services or Additional Work to be rendered hereunder by the Client without confirmation thereof by the Consultant. d. In the event of an emergency affecting the health or safety of persons or property,the Consultant may act, in its reasonable discretion, to prevent threatened damage, injury or loss to person or property notwithstanding that it may be outside the scope of the Services or Additional Work or not approved in advance by the Client. 4. Indemnification. a. The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Client, its subsidiaries and affiliates and their respective officers, directors, employees, owners, subcontractors and agents (collectively, the "Client Parties") harmless from any damage, liability, or cost (including reasonable attorneys' fees and costs of defense)to the extent caused by the Consultant's negligence. The indemnification obligation created by this Paragraph is subject in every respect to the limitation of liability provisions in Paragraph 5 of this Agreement. b. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant, its subsidiaries and affiliates and their respective officers, directors, employees, owners, subcontractors and agents (collectively, the "Consultant Parties") harmless from any damage, liability, or cost (including reasonable attorneys' fees and costs of defense)to the extent:caused by the Client's negligence,or arising from or attributable to the failure of the Client to timely and/or properly implement or adhere to recommendations, designs, specifications, work plans or other items specifying or outlining the construction and/or implementation of future work beyond the Scope of Work, Services or Additional Work provided by Consultant in Deliverables. c. As a condition precedent to claiming any indemnification hereunder,the applicable indemnified party(i) shall promptly provide the applicable indemnifying party with written notice of any claim sufficiently promptly and in sufficient detail to avoid prejudicing the defense of such claim; (ii) shall not settle or compromise any such claim without the indemnifying party's written consent, which shall not be unreasonably withheld or delayed; and (iii) shall promptly provide reasonable cooperation relating to defending such claim.The indemnified party may,at its own expense,assist in the defense if it so chooses, but shall not be permitted to control such defense or any negotiations relating to the settlement of any such claim so long as the party responsible for indemnification hereunder is actively defending such claim. Notwithstanding clause(ii)above,if the party responsible for indemnification hereunder refuses or fails to timely defend the claim or abandons such defense,the indemnified party(parties)may settle such claim without the prior consent of the indemnifying party and the indemnifying party shall remain fully liable to indemnify the indemnified party(parties)to the extent that the indemnified party(parties) are otherwise entitled to indemnification for such claim under this Section 4. A-2 Rev 5/18/2018 d. No party shall be liable for any claim or cause of action seeking indemnification of any kind under this Section 4, regardless of the type or nature of the damage, liability, claim or cause of action for which indemnification is sought(the"Underlying Claim"),if such indemnification action or claim is brought or asserted more than three years after the Underlying Claim accrued. e. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT SIGNED BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, EITHER PRIOR OR SUBSEQUENT TO THIS AGREEMENT, OR PROVIDED UNDER APPLICABLE LAW, NEITHER PARTY, OR ANY OFFICER, DIRECTOR, OWNER, EMPLOYEE, SHAREHOLDER OR AGENT THEREOF, SHALL BE LIABLE TO THE OTHER,EITHER IN CONTRACT OR IN TORT,FOR ANY LOSS OR INACCURACY OF DATA OR MATERIAL OR FOR ANY CONSEQUENTIAL,INCIDENTAL,INDIRECT,SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DELAY DAMAGES,LOSS OF FUTURE REVENUE, INCOME OR PROFITS,OR ANY DIMINUTION OF VALUE,FINANCING COSTS,OR COST OF LOST OPPORTUNITIES,RELATING TO THIS AGREEMENT,EVEN IF THE SAME HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES,EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES ARE PAYABLE BY ONE OF THE PARTIES HERETO TO A THIRD PARTY AND THE CLAIM IS ONE FOR WHICH THE PARTY REQUIRED (WHETHER BY JUDGMENT, SETTLEMENT OR OTHERWISE)TO PAY SUCH DAMAGES IS ENTITLED TO INDEMNIFICATION UNDER THIS SECTION 4. 5. Limitation of Liability. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant,the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant Parties hereunder to the Client Parties and to all construction contractors, subcontractors on the Project and others under the Client's control for any and all claims,suits,demands,judgments,payments,losses,costs,damages of any nature whatsoever,or expenses from any cause or causes,regardless of the nature or type of action,so that the total aggregate liability of the Consultant Parties shall be limited to and in no event exceed the compensation actually paid to Consultant for services rendered on this Project under this Agreement,or$100,000,whichever is greater. 6. Suspension of Services or Additional Work. If the Project is suspended for more than 30 calendar days in the aggregate(whether consecutive or non-consecutive), the Consultant shall be compensated for all Services and any Additional Work performed and charges incurred prior to receipt of notice to suspend and, if and when the Consultant resumes providing Services and/or Additional Work, a mutually agreed upon equitable adjustment in fees payable to the Consultant shall be made to accommodate the resulting demobilization and remobilization costs. In addition, there shall be a mutually agreed upon equitable adjustment in any applicable performance schedule relating to the Project based on the delay caused by the suspension. 7. Term. Unless terminated earlier in accordance with Section 8 hereof,this Agreement shall have a term commencing on the date of this Agreement and ending,unless terminated earlier as provided herein,when the Services and any Additional Work relating to the Project are completed or as otherwise set forth in the Scope of Work. 8. Termination. a. Either party may terminate this Agreement by delivery of written notice to the other(i) if the other party commits a material breach of this Agreement and fails to remedy such breach within 30 days after receipt of written notice specifying the alleged breach in reasonable detail,(ii)if either party makes an assignment for the benefit of its creditors,or the filing by or against it of a voluntary or involuntary petition under any bankruptcy or insolvency law, under the reorganization or arrangement provisions of the United States Bankruptcy Code, or under the provisions of any law of like import, or the appointment of a trustee or receiver for such party or its property,or(iii)as provided by Section 1(c)hereof. b. If full payment is not received by the Consultant by the applicable due date,then the Consultant may,at its sole discretion and without liability to any Consultant Parties, terminate this Agreement or suspend any Services or Additional Work to be performed hereunder upon 10 days prior written notice.If the Project is A-3 Rev 5/18/2018 } suspended for any reason for more than 60 calendar days in the aggregate (whether consecutive or non- consecutive),the Consultant may,at its discretion and without liability,terminate this Agreement. c. The termination of this Agreement by either party hereto shall not affect,restrict,diminish or remove any rights, obligations or remedies possessed by either party arising under the terms of this Agreement up to and through the effective date of termination hereof. In addition, the following provisions shall survive termination of this Agreement: Sections 4,5 and 10 through 20,inclusive. The remedies available to each party hereunder are cumulative and termination of this Agreement shall be in addition to and not in lieu of any equitable remedies available. d. Upon termination the Consultant shall be paid in full in accordance with the terms of this Agreement for all Services and Additional Work rendered and reimbursable expenses incurred through the date of termination,including reasonable termination costs. 9. Force Majeure. Except as provided in Section 6 or 7 hereof,neither party shall be liable for damages for any delay or failure to perform its obligations hereunder,if such delay or failure is due to reasons beyond the control of the concerned party or without its fault or negligence, including without limitation, strikes, riots, wars, terrorism, fires, epidemics, quarantine restrictions, unusually severe weather, earthquakes, explosions, acts of God or state or any public enemy or acts mandated by applicable laws,regulation or order,whether valid or invalid,of any governmental body. 10. Non-Solicitation. Each party agrees that during the term of this Agreement and for one year thereafter it will not solicit, or attempt to solicit,for hire or engagement, directly or indirectly any of the other party's employees or other personnel who have been involved in the provision of Services or Additional Work under this Agreement or otherwise involved in the transactions contemplated hereby. 11. Assignment. Neither party shall assign its rights,duties or obligations under this Agreement to any person or entity,in whole or in part,without the prior written consent of the other party hereto;provided,however,that either party may assign this Agreement in the event of a merger or consolidation or the sale of all or substantially all of its applicable line of business and Consultant may delegate any of its duties and obligations hereunder if it remains responsible for the performance thereof. 12. Independent Contractor. Notwithstanding any other provision of this Agreement,Consultant's status shall be that of an independent contractor and not that of a servant,agent,or employee of the Client.Neither party shall hold itself out as,nor claim to be,acting in the capacity of an officer,servant,agent,or employee of the other or that it is authorized to contractually bind the other in any way.The Consultant shall be free to choose the manner in which it performs the Services and Additional Work and furnishes the Deliverables and may delegate and use subcontractors,consultants and suppliers of its choice in satisfying any of its duties and obligations hereunder, provided that the Consultant shall be responsible for any breach of this Agreement by the same. 13. Governing Law;Consent to Jurisdiction. The rights and obligations of the parties hereunder shall be governed by the laws of the State of New York,without regard to principles of conflicts of laws. Each of the parties hereby(a)irrevocably agrees that any legal or equitable action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the courts of the State of New York in the County of New York and the United States District Court for the Southern District of New York,except that the foregoing venue shall be non-exclusive with respect to any application for injunctive relief pursuant to Section 18 hereof, (b)accepts for itself and in respect of its property,generally and unconditionally,the jurisdiction of the aforesaid courts and appellate courts thereof,(c)waives personal service of any summons,complaint or other process,and agrees that the service thereof may be made either(i)in the manner for giving of notices provided for in this Agreement or (ii) in any other manner permitted by law. The parties agree that this Agreement was negotiated and shall not be construed against the party which initially drafted the same. A-4 Rev 5/18/2018 14. Severability. If any term or provision of this Agreement shall to any extent be determined to be illegal, invalid or unenforceable under law, regulations or ordinances of any federal, state or local governments to which this agreement is subject, such term or provision shall be deemed severed from this Agreement and the remaining terms and provisions shall remain unaffected thereby. 15. Third Party Claims. Nothing in this Agreement shall create or shall give to third parties any claim or right of action against the Consultant, its officers,directors,owners,employees and agents. 16. Notices. All notices required or permitted by this Agreement shall be in writing and shall be delivered personally,by certified or registered mail, return receipt requested, or nationally recognized overnight courier service to the respective addresses set forth above.Either party may,by notice given in the same manner set forth above,designate a different address or addresses to which subsequent notices shall be sent. Notice shall be deemed given upon receipt. 17. Amendment;Waiver. a. This Agreement may only be modified or amended by a writing that is signed by both authorized parties. b. Any right of any party hereunder may only be waived by a writing that is signed by the authorized party granting the waiver. No course of dealing or trade usage or custom and no course of performance shall be deemed a waiver of any right. c. The failure by either party to insist upon strict performance of any of the provisions of this Agreement will in no way constitute a waiver of its rights as set forth in this Agreement,at law or in equity,or a waiver of any other provisions or subsequent default by the other party in the performance or compliance with any of the terms and conditions set forth in this Agreement. 18. Injunctive Relief. The parties agree that the violation or threatened violation by either party of any of the provisions of Section 10 of this Agreement shall cause immediate and irreparable harm to the other party. In the event of any breach or threatened breach of any of said provisions,each party consents to the entry of preliminary and permanent injunctions by a court of competent jurisdiction prohibiting such party from any violation or threatened violation of such provisions and compelling such party to comply with such provisions, without the requirement of posting any bond. This Section shall not affect nor limit, and any injunctive relief granted pursuant to this Section shall be in addition to,any other remedies available to the other party at law or in equity for any such violation or threatened violation by either party. 19. Entire Agreement. This Agreement, including any Scope of Work, and any written agreements relating to Additional Work represents the entire Agreement between the parties concerning the subject matter hereof.This Agreement supersedes any other written or oral proposal, representation, communication, letter of intent or other agreement by or on behalf of the parties hereto relating to the subject matter hereof. 20. Counterparts. This Agreement may be executed by facsimile and in one or more counterparts, each of which shall be deemed an original. A-5 Rev 5/18/2018 APPENDIX B AKRF Hourly Rate Schedule Employee Category Hourly Rate Senior Officer $220 Officer $215 Senior Technical Director $210 Technical Director $195 Senior Professional $175 Professional II $140 Professional I $130 Technical II $120 Technical I $95 Notes: Out of pocket expenses will be billed at the actual cost. These rates are effective through December 31, 2020 B-1 Town of Mamaroneck Comprehensive Plan: Consultant Scope of Work AKRF, Inc. and MUD Workshop (the "Consultant Team") are pleased to provide this Scope of Work to assist the Town of Mamaroneck in preparing a Comprehensive Plan.The Consultant Team understands that the Town seeks a "policy-based" vision document that reflects the community's goals through a lens of resilience and sustainability with respect to community character; future land use and development (including, homes, commercial corridors, businesses, and open space); recreation; mobility; government and community services. To develop the Comprehensive Plan, the Consultant Team proposes a wide- reaching and robust public engagement process, such that all stakeholders ranging from Town residents to elected officials are encouraged to take an active part in drafting a "People's Comprehensive Plan."The resultant goals set forth in the Comprehensive Plan will then reflect desires and concerns of all stakeholders and will be based on a consensus decision-making process. The Scope of Work detailed below outlines, in broad terms, the role of the Consultant Team during the Comprehensive Plan Process.The Consultant Team understands that the planning process will be fluid and will work with all stakeholders to allow flexibility in setting the precise duration, sequence,and timing of important milestones. Nevertheless, this Scope of Work, together with the associated fee for completing this Scope, serves as the best understanding of the Consultant Team's role at this time. Should material changes to the scope be required that affect the timing and budget of the Consultant Team's effort,a written request for amendment would be presented to the Town for its review and approval. To help organize the scope,the various tasks are grouped into four phases. These phases, while presented separately,would overlap,both in terms of chronological order as well as substance. A. INITIATE The"Initiate"phase kicks off the planning process. During this approximately two-to three-month phase, the Consultant Team will work with the Town Board and Steering Committee to confirm the roles and responsibilities for advancing the Comprehensive Planning process. As part of this effort, the Team will finalize a project timeline and public outreach plan. Town Board Kick Off The Consultant Team will attend three meetings of the Town Board. During the first meeting,the Board would formally launch the Comprehensive Planning Process and introduce the Comprehensive Plan Steering Committee. The Consultant Team will make a brief presentation outlining the planning process and the anticipated overall project schedule and emphasize the opportunities for public participation in the Plan's development. The Consultant Team will prepare a power point presentation for this meeting, and provide a copy for review and feedback to the Supervisor and Chair of the Steering Committee prior to the meeting.The second and third meetings are described below. Steering Committee Meetings The Consultant Team would budget for three Steering Committee Meetings during this phase. Steering Committee Meeting#1:At the first meeting,it is anticipated that the Consultant Team will present a draft project timeline and draft Public Outreach Plan to the Committee.The Committee will be requested to provide preliminary feedback on the timeline and outreach plan. The Public Outreach Plan will have three main components. The first component of the Public Outreach Plan is a list of key community stakeholder groups(and the primary contact person)with whom targeted outreach will occur.As identified in the RFP,these groups will include the Town's Boards and Commissions, the School District, the Villages, and neighborhood associations. Other groups, such as faith groups, business groups, civic organizations, etc. may also be identified. The Consultant Team will look to the Steering Committee to provide their review and then seek the approval of the Town Board. The second component of the Public Outreach Plan will include a brief description of engagement methods(phone interviews, in-person individual or group meetings,etc.)and key dates. 1 1/31/2020 Town of Mamaroneck Comprehensive Plan: AKRF Scope of Work The third component of the Public Outreach Plan will show a pairing of specific outreach strategies with each stakeholder group,and listing target dates for general community engagement meetings. As such,the Public Outreach Plan will necessarily,and naturally,merge within the overall Timeline for the Comprehensive Planning Process. At the first Steering Committee Meeting,the Consultant Team will also present drafts of print and digital media announcements for Comprehensive Plan outreach.The draft materials will propose type and graphic standards for all presentations, drawings, interim reports, flyers and memoranda etc., so that a singular language and identity for the Comprehensive Plan can develop over the plan making process. Steering Committee Meeting #2: At the second Steering Committee meeting, it is anticipated that the Consultant Team will present the draft final Timeline and Public Outreach Plan and a working draft of the project's digital outreach platforms(e.g.,the Comprehensive Plan website,and social media platforms,and interactive mapping tool). The Consultant Team will set up a website dedicated to the Mamaroneck Comprehensive Plan on a user-friendly content management system, such as Wix. To the degree possible, we will design the website with a responsive layout that will display well on mobile devices, laptops and computers.Although the fmal menu items for the website will be determined in consultation with the Steering Committee, we anticipate the content will provide stakeholders and community members information on the Comprehensive Plan schedule, the planning process and the latest public documents. The website will also be a central platform for dissemination of information regarding community outreach efforts. It will have a visual calendar for events and will track and update discussions from each outreach effort. There will be a dedicated community engagement section on the website to collect feedback. In addition to ongoing feedback, if directed by the Steering Committee,the website will host an online survey on Survey Monkey, as well as include an interactive mapping tool using a platform such as Map Social. These will allow for both statistical data collection and analysis as well as place-based input. The Consultant Team will be responsible for procuring the domain name, hosting the website and for webpage maintenance during the contract period, after which, we will transfer the website to the Town of Mamaroneck with a guidance sheet for updates and maintenance. Social Media: Given that each of the three most popular social media platforms - Instagram, Twitter, and Facebook- serve different purposes and(often) audiences, the Consultant Team can use all three platforms for promoting the Comprehensive Plan. However, we recommend that the Project utilize Instagram and Facebook as the primary platforms as they allow for sharing work-in- progress whereas Twitter is a platform to facilitate short discussions.These platforms will primarily be used to generate excitement about the process, reach a much wider geography and younger demographic,as well as advertise all opportunities for feedback.The Consultant Team will monitor the social media platforms to alert the Steering Committee and Town Administrator to inaccurate communications. Steering Committee Meeting#3:The third Steering Committee meeting is scheduled after the Town Board work session on the public engagement plan and prior to the full meeting of the Town Board during which that plan would be formally presented to the public. This meeting would be limited in scope and would focus on finalizing the outreach plan based on feedback requested by the Board. Depending on the nature and extent of revisions that are required,this may be accomplished over a conference call/e-mail. Town Board Review of Timeline and Public Outreach Plan After Steering Committee#2,the Consultant Team will present the timeline and public outreach plan to the Town Board at a work session for their review and approval.Following the Town Board work session,the Consultant Team will fmalize the public outreach plan and timeline and submit it to the Steering Committee. 1/31/2020 2 • Town of Mamaroneck Comprehensive Plan: Consultant Scope of Work Upon finalization of the outreach plan and timeline, the Consultant Team will lead a presentation at a subsequent Town Board meeting outlining the key components of this plan. This presentation will serve the purpose of generating additional publicity for the Comprehensive Planning process, specifically highlighting the ways in which public input is being sought. Review Existing Plans The Consultant Team will review the relevant features and recommendations of the Town's relevant existing planning documents.While this review would not be resource intensive,it is critical to establishing a shared baseline of information and will likely serve to guide future policies for the Comprehensive Plan. Collect Existing/Historical Data The Consultant Team will collect available accurate public data from reliable sources(noting that there are issues with the accuracy of the 2010 Census data for the Town of Mamaroneck and adjacent jurisdictions), summarize and,where appropriate,map existing conditions and historic data that will inform the planning process. Data will be collected at three scales: unincorporated Town, the whole Town inclusive of the Villages, and Westchester County. Data for `benchmark' communities (e.g., Rye City, Scarsdale, and Pelham)will also be collected. Primary areas of data collection and analyses will include: • Demographics(e.g.,total population, age distribution, income distribution) • Housing(e.g., number of units,tenure,type,price) • Employment(e.g.,professions of Town residents; employment opportunities in Town) • Travel(e.g.,mode of transportation,commute time) • Economy(e.g.,commercial&residential tax base,and market information as described below) • Public school enrollment(e.g., enrollment trends over time, specifically within newly constructed multifamily buildings) The Consultant Team will prepare base maps that depict the existing built condition of the Town,land uses, topography,transportation,and other salient community features,such as waterbodies,Town, County and State parks and open space, natural resources, flood zones, and anticipated sea level rise. Similar to the review of previous planning documents, this exercise will not be resource intensive. Current data acquisition and summary tools have dramatically shortened the amount of time required to obtain this data. While the Town may choose not to present this data in the main body of the Comprehensive Plan, understanding the current status and recent trends with respect to key Town characteristics is critical for engaging in a transparent and meaningful comprehensive plan making process with stakeholders and for realistically setting future goals and aspirations. B. ENGAGE This phase of the Comprehensive Planning Process,which will occur in months 3 through 7 will focus on engaging the community around a set of goals and objectives that will guide the Town's decision-making over the next decade. Informed by existing and historical data,the Town's previous planning studies, and the themes identified in the RFP,the Engage portion of the Planning Process will solicit feedback from the community on goals for the Town's future. Steering Committee Meetings The Consultant Team has budgeted for three Steering Committee meetings during this phase. It is anticipated that the three meetings will: 1)Reflect on the baseline data on the Town's existing conditions and prepare for the 1st Town Hall meeting;2)Reflect on the feedback received at the Town Hall meeting, review draft outreach materials, and prepare for the community stakeholder meetings; and, 3) Reflect on the preliminary community stakeholder meetings and review feedback provided through the Plan's website. Town Hall Meeting/Workshop The Consultant Team will prepare for, help lead,and create a summary of one Town Hall meeting during this phase. The Town Hall meeting will occur early in the "Engage" phase (month 3) and will formally 3 1/31/2020 Town of Mamaroneck Comprehensive Plan: AKRF Scope of Work introduce the Comprehensive Planning Process to the community.The Town Hall will include presentations by the Consultant Team and the Steering Committee and will also include a workshop in which participants can provide feedback on the Town's existing conditions, the attributes of the Town they most value and those attributes that could be enhanced. The workshop will also solicit feedback on the Comprehensive Plan goals. Boards, Commissions, Local Groups and Organizations, etc. The Consultant Team will prepare for, attend with representatives from the Steering Committee, and summarize up to six two-hour meetings with key community stakeholder groups identified in the Public Outreach Plan. We will prepare a summary of each meeting, including the attendees and the major talking points,and include these summaries as appendices to the Comprehensive Plan. Rather than having separate stakeholder-group specific meetings, we propose conducting issue-based stakeholder engagement meetings, which will likely include representatives from various stakeholders groups and invite discussion on a particular topic. We will also attempt to conduct multiple community stakeholder meetings per day, to the extent practicable. These strategies will bring greater efficiency into the outreach process,while allowing for meetings with more stakeholder groups. As part of this effort,the Consultant Team would work with the Town and the Steering Committee to engage economically disadvantaged and other members of the community that may not participate in typical outreach activities. We also recommend that the Steering Committee or Town Board conduct additional outreach sessions on their own, without representatives from the Consultant Team. As discussed below, the Consultant Team will develop outreach content and guidelines and host a training session for Steering Committee members to conduct outreach with groups they represent. Using this content, and memorializing the meeting in accordance with a uniform reporting tool,will enable a wider cross-section of the community to be reached within the allocated budget. Ongoing Engagement Activities During the Engage portion of the process,the Consultant Team will prepare content for ongoing feedback and targeted community engagement activities. • Meeting in a Box—This will include workshop materials and engagement guidelines for use by the Steering Committee or Town Board members at targeted Comprehensive Plan meetings. The Consultant Team will prepare interactive materials that could be used to facilitate a meeting, and standard guidelines on reporting feedback to the Steering Committee and Consultant Team. The Consultant Team will hold a short training session to demonstrate how to effectively use the meeting in a box format. • On-Line presence — The Consultant Team will design and maintain a project website for the contract period. The website will include information on the Project's timeline, opportunities for public engagement,and information and analyses that are produced during the planning process.A dedicated email address will collect feedback from website visitors and will allow members of the community to submit messages to the Steering Committee. The Consultant Team will monitor and summarize the e-mails received as well as share the full transcripts of the e-mails with the Steering Committee. The Consultant Team can also maintain a dedicated presence on Facebook and other social media, to the extent the Steering Committee believes this is appropriate. (See the previous note regarding moderating social media content.) • On-line mapping — The Consultant Team will integrate a place-based interactive mapping tool using a platform such as Map Social, on the Plan's website. This tool will be used throughout the process to elicit place-based feedback on a range of topics that cannot be otherwise statistically evaluated. This resource will provide residents, constituents, community stakeholders, and others the opportunity to input map referenced comments — a way for community members to identify priority areas and provide feedback on the nature of enhancements desired. This platform will provide the participant a clear vocabulary(legend of drawing tools at the participant's disposal)as 1/31/2020 4 Town of Mamaroneck Comprehensive Plan: Consultant Scope of Work well as the opportunity to upload additional data including images and writing,to substantiate their input.This virtual mapping tool will be integrated on the standalone website through a call to action button to "launch" map, which will open up a new full screen window for drawing their input, where participants can provide input individually or collectively. Individually mapped comments will be seen in a community gallery to help identify common trends and potential hotspots. The application can be configured to provide one"shared"map or multiple individual maps,depending on the specific topic(s)about which feedback will be sought. • On-line survey—The Consultant Team will design an on-line survey to collect the community's preferences on a wide cross-section of issues. The Consultant Team will use a service such as Survey Monkey, which will provide the opportunity for both multiple-choice questions as well as queries requiring the use of visuals. We will create an infographic summary of the fmdings to inform the goals of the Plan. Engagement Topics As stated above,it is anticipated that the Comprehensive Plan will focus on the following topics:community character; future land use and development, including homes, commercial corridors and businesses, open space; recreation; mobility; and, government and community services. During the Engage phase, the Consultant Team will utilize the various methods described above to engage the community around these topics.To improve the efficacy of the community engagement around certain of these topics,the Consultant Team will perform targeted research on a limited number of substantive topics.The topics for this additional background research will be discussed with, and approved by, the Steering Committee. For budgeting purposes,the Consultant Team has identified the following potential research activities. • Community Character—Through "windshield surveys" and other site visits, the Consultant Team will document examples of various development character types—commercial, residential, mixed use, community facilities, etc.—within the Town. This documentation will help inform and shape public engagement. • Mobility and Parking — The Consultant Team anticipates conducting field visits, potentially with members of the Steering Committee and/or the Traffic Committee, to observe examples of mobility opportunities and challenges that exist in the Town, including traffic flow, public transportation, pedestrian safety, bike- and walk-ability. The Team will also review existing parking regulations within the Town and engage with the Town Board, appropriate commissions and community residents and businesses to understand current and potential future parking issues. In developing public policy recommendations to address mobility and parking issues,the Consultant Team will consider the ways in which on-demand transportation and other emerging technologies may play a role in future mobility within the Town. • Housing—The Consultant Team will identify a range of housing typologies that exist in the Town and its Villages. The Team will collect precedent images that can be used to inform community engagement around the issue of housing choice for residents of different ages and incomes in the community. • Commercial Activity—Through a combination of desktop research and"windshield surveys" AKRF will inventory existing commercial corridors in the Town, including identifying commercial storefront vacancies.The inventories will characterize the nature of retail offerings in terms of how they serve local residents and their role (including competitive positioning) within broader consumer trade areas. Specific to current retail vacancies,through information gained from community engagement sessions and direct outreach to property owners, the Consultant Team will generate a matrix that identifies vacancies and that remarks upon the possible reasons for vacancies, including: knowledge gap with property owners and/or agents; tax write-off; poor tenant attraction strategy; development/lease negotiations; high asking rents; speculative rents; disinterested owner; community opposition; and, changing retail environment in the age of online commerce. AKRF will use the information gained from the 5 1/31/2020 Town of Mamaroneck Comprehensive Plan: AKRF Scope of Work "diagnosis" of retail vacancy, together with our knowledge of regional and national retail trends, particularly trends related to online commerce, to inform community engagement around the issue of commercial vitality. • Recreation and the Public Realm — The Consultant Team will use the inventory of Town facilities,parks and open spaces identified in the Town's previous plans(and through the land- use base maps produced during the "Initiate" phase) and engage the community about the quantity and diversity of the Town's recreational offerings and opportunities and their role in the future with respect to engaging and supporting the community. Specific attention during the community engagement process will be paid to opportunities for creating and activating public spaces, including pocket parks,pop-ups,etc. • Environmental Sustainability and Climate — The Consultant Team will review existing environmental sustainability efforts and develop community engagement around sustainability and community resilience to climate change, including coastal impacts and impacts related to increasingly severe storms. C. ENVISION During the Envision phase (months 6 through 8) of the Comprehensive Plan, the Consultant Team will work with the Steering Committee to draft the major policies of the Comprehensive Plan. These policies will be based on the many community outreach activities as well as the"deep dive"technical analyses. Draft Goals Based on the baseline data collected and public feedback received,the Consultant Team,together with the Steering Committee, will prepare a preliminary synthesis of the community's goals within the topic areas described above. During this phase, the goals, and potentially draft policies, will be discussed with the Steering Committee and Town Board and presented in a Town Hall style meeting and workshop,allowing for public feedback. • Town Baard Work Session At the beginning of the Envision phase,prior to the Town Hall meeting,the Consultant Team and Steering Committee will make a presentation to the Town Board. This presentation will summarize the activities of the planning process and outline the preliminary goals that emerged from the public engagement.Feedback from the Town Board will be incorporated into the draft goals and policies that will be presented at the second Town Hall. Steering Committee The Consultant Team assumes two Steering Committee Meetings during the Envision phase.We anticipate Steering Committee Meetings will be used to: 1) Review the draft Comprehensive Plan policies; and 2) Finalize the draft Comprehensive Plan policies and prepare for the second Town Hall meeting. Town Hall The Consultant Team will prepare for,help lead,and summarize one Town Hall style workshop during this phase. This workshop will reflect back to the community the feedback received during the various public engagement sessions and,potentially,present draft policies for the Comprehensive Plan.Various interactive methods will be utilized during the Town Hall to solicit feedback on the Plan's draft policies. Though the final format of this workshop will be determined in consultation with the Steering Committee,we envision an informative presentation followed by breakout sessions organized by theme and led by a member of the Consultant Team and/or Steering Committee Member.The goal of this workshop will be to obtain feedback regarding the specific goals and/or policies being proposed. 1/31/2020 6 • Town of Mamaroneck Comprehensive Plan: Consultant Scope of Work D. ILLUSTRATE Prepare Draft Plan Based on community, Steering Committee, and Town Board feedback received at the second Town Hall workshop, the Consultant Team will refine the goals and/or policies developed during the "Envision" section of the process and will prepare a draft of the Comprehensive Plan. The Illustrate phase will occur during months 8 through 11.The draft Comprehensive Plan will be graphically rich,concise,and organized around the same themes as the public engagement sessions. Revise/Finalize Plan Based on feedback from the Steering Committee and from the community at the second Town Hall meeting, the Consultant Team will finalize the Comprehensive Plan. The Steering Committee will then transmit the Comprehensive Plan to the Town Board for its formal consideration. Steering Committee The Consultant Team assumes four Steering Committee meetings during the Illustrate phase.The first three Steering Committee meetings will be focused on reviewing the specific content in the draft Comprehensive Plan document. One to two weeks prior to each Steering Committee meeting, the Consultant Team will email sections of the Plan to the Steering Committee members. The Steering Committee members are requested to come to the meetings prepared to discuss specific revisions to the chapters.The fourth Steering Committee meeting will be to review the final draft Comprehensive Plan and to prepare for presentation of the Final Draft Comprehensive Plan document to the Town Board. Town Board/Community Presentation The Consultant Team will prepare for and help lead the presentation of the Final Comprehensive Plan Document to the Town Board and the community. E. PLAN ADOPTION As requested by the Town, the scope of work and budget and for the Consultant Team does not include working with the Town Board to adopt the Comprehensive Plan. Nonetheless, we note herein the steps required for adoption. SEQRA Adoption of a Comprehensive Plan is a Type I action under SEQRA. However, given that the Town anticipates that the Comprehensive Plan will be a policy-based document without specific land-use, development, or resource management recommendations, it is reasonable to assume preparation of an Environmental Assessment Form, with a brief narrative describing the plan and the planning process and documenting the lack of potential environmental impacts, would be sufficient to satisfy the requirements of SEQRA. PUBLIC MEETINGS AND HEARINGS Adoption of a Compressive Plan requires a Public Hearing by the Town Board. Should the Town Board decide, based on comments from the Public Hearing or on their own, to modify the Comprehensive Plan recommended by the Steering Committee,additional time and effort may be required from the Consultant Team to attend meetings and hearings of the Town Board,prepare Plan revisions,and discuss any changes made. Because the scope of potential changes is not known, we would provide a scope and fee to accommodate this work at the direction of the Town Board. 7 1/31/2020 Town of Mamaroneck Comprehensive Plan Conceptual Project Schedule Town Hall-Public Workshop Targeted Stakeholder Mtgs Steering Committee Board of Trustees Month 1 1 2 3 4 5 6 7 8 9 10 11 Initiate _ Town Board Kick Off Develop Public Outreach Plan and Digital Presence Review Existing Plans Data Gathering&Basemapping Town Board Worksession re:Public Outreach Plan _ Town Board Presentation ( Engage Prep First Town Hall Meeting C' Prep and Launch On-Line Survey Reflect on Town Hall Meeting-Prep Stakeholder Mtgs _ Community Stakeholder Meetings w/Consultants _f Envision _ ZEE. Draft Initial Policies for Comprehensive Plan _ C Revise Policies-Prep for 2nd Town Hall (" Illustrate - Draft Comprehensive Plan Sections Review and Revise Comprehnsive Plan Sections r' Finalize Plan Document-Prep Town Board Presentation 1/29/2020 F 6 ; G yz Larchmont-Mamaroneck s° 0 0 y Joint Garbage Disposal Commission f 740 West Boston Post Road • Mamaroneck, NY 10543 • 914-381-7810 Memorandum To: Nancy Seligson — Commissioner Lorraine Walsh - Commissioner Re: Review of Apportionment of Costs Larchmont Joint Sanitation Commission Date: January 27, 2020 Since our last meeting regarding this subject, I have been researching the question of alternate ways of apportioning the budget for the Commission. The Village Finance Committee suggested looking at the apportionment from the standpoint of the staffing and the effort necessary for the collection of materials in the Town and Village. Two other alternatives for consideration were as follows: • Creating through the State legislature a Sanitary District similar to those established in Long Island. The Districts are created pursuant to Chapter 516 of Laws of 1928. The Districts have the authority to levy property taxes in order the finance their operations. • Apportion the Commission's budget based upon the assessed valuations of the Town and the Village. In the course of conducting the research however, I was madaware of Chapter 139 of the Unconsolidated Laws of the State of New York. Chapter 139 is entitled Joint Garbage, Metal and Refuse Disposal and Collection Districts. This law dates back to 1934. The law addresses the right of two or more municipalities to join together for the disposal and/or collection of solid waste. The law is rather extensive and I will have complete copies for your review at our meeting on Thursday. For your initial review, I have included sections 1, 13 and 16. Section 1 - Defines the right of two or more municipalities to jointly form an organization for the disposal and/or collection of garbage Section 13 - Defines the manner in which the participating municipalities shall raise their respective apportionment of the cost of the organization. Essentially the law states that the participating municipality can raise the funds through taxation or through other available municipal funds. 11Page Section 16 - Refers to the manner of apportioning costs. The law states that the "amounts to be appropriated by the respective municipalities shall be determined on the basis of their estimated amount of garbage, metal and refuse collection" Now, of course in 1934 recycling was not an idea that any municipality considered however, the law does speak to an apportionment based upon the quantity of material collected. Therefore, unless the Town and Village received special legislation, it does not appear that an apportionment based upon assessment is feasible. For that reason, the following may be a solution to the apportionment question that is in line with the original thought of the Village Finance Committee regarding effort and personnel but also follows the spirit of Chapter 139. At this time the Commission can calculate by community the tonnage of the following materials collected: • Garbage • Paper and Cardboard * Organic Waste We cannot at this time calculate by community, the individual tonnages for commingled containers unless the Commission purchases a truck scale. The only other waste material that cannot be separately calculated is the solid waste and recycling material brought to the Maxwell Avenue Recycling Center by individual residents. Therefore, what I am suggesting at this time is that the Commission would prepare the calculations of the tonnages of the materials listed above for each community for 2019. Regarding the commingled materials, we would apply the total percentage allocation of the above materials to the commingled materials collected. Or as an alternative, I would seek permission from either Westchester County or Suburban Carting to utilize their scales to obtain estimates of commingled container collection in each community. By calculating the individual tonnages of all materials collected, rather than just garbage, the apportionment will be more equitable. This would also reflect the total effort put forth by the staff of the Commission for the collection of all materials in each community. AV--- ------ Stephen V. Altieri Superintendent 21Page NY CLS Unconsol, Ch. 139, § 1 Current through 2019 released Chapters 1-620 New York Consolidated Laws Service > UNCONSOLIDATED LAWS > Municipalities (Chs. 139— 145) > Chapter 139 Joint Garbage, Metal And Refuse Disposal And Collection Districts (§§ 1- 51) § 1. Application; municipalities to which applicable 1.Any two or more municipalities, including towns, villages and garbage districts, but excluding cities as hereinafter defined, may jointly acquire lands, easements in lands, rights and privileges in lands, improve said lands, including the construction and maintenance of roads thereon and thereto, erect, construct and maintain thereupon one or more incinerator plants for the consumption, burning and destroying of garbage, refuse, metals, bottles, ashes, decayed animal matter and similar substances; maintain thereupon one or more garbage dumps for the disposal of such substances and provide for the collection of the same, either by contract or otherwise, including the purchase and operation of the necessary equipment and employment of the help and making of rules and regulations for the collection and disposition of such substances and promulgating and enforcing the same. 2. (a)The term"municipality"as used in this article shall be limited to a town, village or a garbage district. (b)The term"chief executive officer of a municipality" as used in this section shall be, in the case of a village, the mayor or president thereof; in the case of a town, the town supervisor or official exercising the duties of a town supervisor and in the event of a garbage district the chairman of the committee on garbage or chairman of a garbage commission. (c)The term "joint garbage, metal and refuse disposal system" shall mean the corporation authorized to be formed under this section. (d)The term "local governing board"as used in this section shall mean the board of trustees of a village, the town board of a town, or the committee or commission in charge of a garbage district or such board as may, from time to time, perform the duties of the same. History Add, L 1934, ch 787, eff May 22, 1934. Annotations Research References & Practice Aids Hierarchy Notes: NY CLS Unconsol, Municipalities, Ch. 139 William Maker NY CLS Unconsol, Ch. 139, § 13 Current through 2019 released Chapters 1-620 New York Consolidated Laws Service > UNCONSOLIDATED LAWS > Municipalities (Chs. 139— 145) > Chapter 139 Joint Garbage, Metal And Refuse Disposal And Collection Districts (§§ 1 — 51) § 13. Appropriations by governing boards of member municipalities The board of trustees shall have no power to incur any liability in excess of the amounts appropriated from time to time by the respective municipalities according to the provisions of this article. The said municipalities are hereby authorized and empowered from time to time, to appropriate and raise as other funds are raised with said municipality, by direct taxation or assessment or out of available funds, whichever may be appropriate and lawful and as authorized by this act, such sums as may be necessary for stationery, postage, clerk hire, engineers, surveyors, counsel and other expenditures incurred by their representatives both prior and subsequent to the formation of the permanent organization and of the board of trustees. If the project be undertaken and obligations issued for any portion of the cost thereof, such preliminary expenses may be included in the amount to be provided by the issuance of obligations, but if any municipality shall withdraw from participation in the system such preliminary expenses shall be paid as current expenses of the municipality to be included in its next annual tax levy. The governing boards of said municipalities are hereby authorized to ratify and adopt any such expenditures, which may have been incurred, with or without authority, by representatives of the municipalities prior to the enactment of this law, but all for the purposes herein expressed. All moneys thus expended shall be by a majority vote of trustees at any meeting of the board of trustees. History Add, L 1934, ch 787; amd, L 1943, ch 710, pt 7, § 37; L 1945, ch 338, § 51, eff Sept 2, 1945. Annotations Notes to Decisions Agreement by joint landfill commission to convey land to open new solid waste facility adjacent to existing landfill operated by commission was null and void for failure to comply with requirements of State Environmental Quality Review Act. Billerbeck v Brady, 224 A.D.2d 937, 637 N.Y.S.2d 890, 1996 N.Y. App. Div. LEXIS 1573 (N.Y. App. Div. 4th Dep't 1996). An entity established pursuant to these provisions may not establish capital reserve funds pursuant to General Municipal Law, § 6-c or repair reserve funds pursuant to General Municipal Law, § 6-d, and is governed by the competitive bidding requirements of L 1934, ch 787, § 33 and not General Municipal Law, § 103. It appears that surplus moneys of such an entity must be applied pursuant to L 1934, ch 787, §39. 1985 Op St Comp 85-7. William Maker TOWN BOARD MEETING WORK SESSION AGENDA February 5, 2020 #7- Census Update No Attachment 17 O 9 " 9 Town of Mamaroneck i n Town Center F 740 West Boston Post Road,Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 saltieri@townofmamaroneckny.org Memorandum www.townofmamaroneckny.org To: Supervisor and Town Board Re: Larchmont Library Budget/Use of Village Center Date: January 31, 2020 Attached is a copy of the Larchmont Library Budget that will be the subject of the Town's joint meeting with the Village of Larchmont and the Library Board on Monday, February 3. Also attached is a schedule prepared by the Library in connection with the use of the Village Center which is now under the control of the Library. This matter is on the Town Board work session agenda for February 5 for further discussion and consideration of approval. OPP / Stephen V. Altieri Town Administrator tit Printed on Recycled Paper f Larchmont Public Library Proposed Budget FY19/20 - Summary Sheet DRAFT Proposed Budget- Expenses FY19/20 FY20/21 Budget Proposed Change Notes SPECIAL ITEMS Subtotal 32,000 29,750 (2,250) Insurance, Taxs PERSONNEL Subtotal 1,238,000 1,252,500 14,500 Staffing EQUIPMENT&LIBRARY MATERIALS Subtotal 151,900 156,000 4,100 Materials CONTRACTUAL EXPENSES Subtotal 288,250 297,350 9,100 Facilities, Utilities Prof Services INTERFUND TRANSFERS Subtotal 50,000 50,000 - EMPLOYEE BENEFITS Subtotal 606,186 606,793 607 Benefits TOTAL 2,366,336 2,392,393 26,057 Proposed Budget- Revenue FY19/20 FY20/21 Budget Proposed Change Notes Town of Mamaroneck 1,302,279 1,328,325 26,046 2.00% Village of Larchmont 943,032 961,893 18,861 2.00% Library Fund Balance 40,000 40,000 - 0.00% Friends of Larchmont Library 12,000 12,000 - 0.00% Additional misc revenue excluding tax levys 69,025 50,175 (18,851) -27.31% REVENUE TOTAL 2,366,336 2,392,393 26,057 1.10% TOTAL REVENUE EXCLUDING TAX LEVYS 121,025 102,175 (18,851) -15.58% 4 • ,v • DRAFT `Larchrnont Public Library Proposed Budget-Expenses i 1ro ? FY18/19 I 1 FY19/20 i F1!2021 Rudgct Actual Budget Y IT",. i l'' 1 it,i,,,a.a ( h,,. . SPECIAL ITEMS Unallocated Insurance .... - r ...- Taxes/Assessment Muni Frg f (((ki 8138} ,20 000. 18128.91, __.,.. 18.500 (1500) Co ent Account _ `- 5 000 1750) ntgng 1 -. _ .. .- t_ 5000 5.000 35300 26 606 32 ��TTT - - + - _ .._._.... ..16128 29,750 I -k PERSONNEL ri- X15,-000 f t 272624 1234,000"- ._........_. -Salaries q-02.881.49 1 48�-'__.�2:500� Emergenq Car�ensgpon._ _...._ 4,000� 6 069 1 4000 -.._._.._.._ 1 38 -._..._r2 0,000 I 2,020 1Subtofd 1 L..._._ 1 9,000' 1 278693, 1 aODt i -, } + -104 9-- 1,251,5001 14100 EQUIPMENT i LIBRARY MAT-ERIALS t * -- Office E t --r--....._..-1 7 ( -_ ( ._ -- 2 0.00 2,500 - --- BuidngEqupment ! 1 4 t 1,423.48 2,500; _ AudwbookalCDa - 054. 1,900 i - 2, Vol1 100 _._. 7000 7475977 7,000'_...___... -._. --__.-�_-_ -__ _.. - 1;12721 _ 7.000 Books_ -._._---- j .._- 87000 79_,589.15`_ _. 870 17,387.79, -' Bindery ) i , j2.- Penodtcaleand Serfels ( - 157)00 18843.87 16.000 1093372_ - 79`000 1.000 Music CDs Video/DVDs ` __14 51X1 I 12 879.591 _._ 114 5001 --. 2 45105 13,000 I ..... _ (1500) Music I ---t- E I _Y_ 1 oo5_9t�j. -_-----._ ! _ 877.98 2.000.1 `_..T� - abook - -----.- { .._--:__--__.,..._._- 15,0001 24748.421 15;000._._ 5938.02 -200001 5,000 eeuew .--.._ -- -- 500 ._._.._ -r-..._... 7,0001_.._....._- 7,304.21: 7, 2,06127 7 500 f lu � 16f 900 I 154 380 __ _ 151900; 44.742 158,000; ..__.._ 4,100 CONTRACTUAL EXPENSES t -- -' - - _ - _ 1 {.._. ......._ Tel I 2905_,. 3000 t 88580! 3,000i Service Contracts _i____.' i 18.400 39,031 40000' 1363048 40,000 Electricity --- `_- ! _ 36.000 43,9247 46,000 . ...._. 11 082 89. . 44 000 (2,Op0) Fuel Oil - 1 7,000_1_ 12,591I 9 ._...- 000 12 j 3,500 5023 Water __....__- - . - -. - .......__ 3 �_ 0.00 , _ T.-- Operating - Su t I _ - 2,500_1_4--- 2.399 56: -2.600 _11868.13 - W 2501--- ppkea 25,0 ttdg 8,Ground Suppkes 1L + + 8 500 I 10 256 1 I-- p 500' 2261 93 1 D 250 1,750 BIdgBGroundMarmannvnce �( I 22000 32,991 Conferences Seminars,Dues 1 I 11.000_1. 50 i • 6,5009;.. ---.4' _.--- - Z� 1 Miscellaneous ,..._._- r _ -t- - 000 Tem Services _.._L.-._ .-._ _.t _.. .. .....-_._-_. 445.66 _ ._.._._.- �-. 11 ___ Postale - .. i------- --40 00 I - -_ 1000# 199 1000 ___ 241.68 600 l- (`500) ComelierSu 1`-' ---'� +- pPkeS._.._..------ -}---_ ..._.._...._1,200 1 1 694: ---.__ 1 200! ..- 0.00 1 I _ -..... __.t-._.� .-....__-_1.___--__........_. PapLcash 500. 3017 .4- 0o 0000 - T Independent Audit ' 8,600 6543 8500; g _r ProfessarW Services '- -' - T ,500, - Egu!pment Maintenance ? -i3000t+ _4 87 5 13000 _256484 -.... 10.0077, _.... (3,000) - -_ {.._ 0001 178 Payoll Processing .._`__.. ( ..._-. X200 y 3.843. 3800' 000; 3,850 -_-._ 50. Programmi --. +- -- Pubka ng - t i _.._ 20,0001 21.476 22000; 8 78002 22.000 - __1._..- ' 8 600 5.656 6,500 Rent Parking Area.. .- 74 95 8 Library Suppkes - -._�..__._,__.i__ __.1_- - 3 750+._-_ 3,750 3,750 1260 00 --- 3,750 _- -, I _ 12 000 -- 9 64 t 12000 __1460•004. 3,604A71 _ 12000 CtrcSystem Mainkerancal _-1 i - 80,000 81653 . 77,000 40236,47' - 81,500 4.500 1SgbtOttll.}___._,,_ .-__ 259,300 290.364 X8'250 y 00 T/4.t+--__ .._ 9.100 1--- -t INTERFUNDTRANSFERS I ! ------y- �__ Transfer to General Fu d r--- + 1 - - '_ - - Transfer to capital Fund L _ 50 000. 60 000. 50 000 I -I _ ..-.. -- 50 000 Subtotal i __ 50.000 , .... 0000 ---t..- 50000 . ._. r - 60 000 50000( - EMPLOYEE BENEFITS 1 t-- --- � -..__._-. State Retirement _.... _ �.. - - --.._1 ._ _ - ... 1--,y 162 022 161,134 181788[ 0._g 1b3_____ 2111 Social Security ? _-1 -.; 93,570 93.403 94,700 30,759.804._ _- 783 1.083 Workmen's Comp �_ - l -, 10,000 10.561 10,300 5520•78* 10.600 Une ymentInsurance .._.-. il -----...._ _ .._____ _- , - Disabiky Insurance 1 - 2 Opo 1 044 MTA TAX 1 1 i.._- 99 1 000 - HeatthInsurance L U...-v._...1 �- 300530 287462 818:700 -"316000 a:70�0 Dental insurance 7_ t 1 19.500 19.500 19,500 _________1_602.66-_8_41._.___10,12600._ 19800'. - 100. - .- It. L 687822 579104 - - 1 808186. 147 860,_ -695 793 80 TOTAL5TLi-t-t1 ---1---t 2.313,159 t^ 71 _2 91 _ - 28,067 11/19/2019 7 . • Larchmont Public LibraryProposed Budget- Revenue i DRAFT —r FY111/18 FY19120 FY20/21 - j__ I ',: .;.' Budget YTD 09/30/19 Proposed Chang: Notes CULTURE AND RECREATION } Librs_ r Charges Fines + -- 40 000- 3t 8811 40 0001 5,780.13 20000 -20000 - - _. brary ennces--OtherGpvts '- 1,270,8f6-1- 1,270,516 13022791 0 1,328325,.._._-._. 260461TOi112%lncn:ase I.__- i.. ._subtntal1 1;310516 1,305,397 1,342,279 5780 1,348325 6,046' USE MONEY +---_-....._ Interest Eaml __ --; , " 0 - r ___-150 b17' 400 212 500. 100 --r-- �- -. !subtotal .. 150. 61 212 500 - 1� _ - SALE PROPERTY i - -0 Minor Sales(Boac:aie ten. sl r�.. ..._ 2,500 ^ - + _. _____3,014~_ _ _3,000 580,Q0 2 500 5�O�booksa/a�nnN^9 _.-- Sale of Instructional Materials 2,500 2 613 2,000 ' 557.61 2,500 500 lost and items Insurance Recoveries , 0 - -- __- --- - . 0� 0 0.00 0�__ O�Drsabildy Insurance i- , sttbtotal , 5'�; 5,527. 5,000 1 138 5 000 0 MISC t- - _ - i-- - Refund of app%twns + ; 0 0 _ _ --.-- 0� +_.- 7500 400 0 Gifts&Donations - - g 634.n 7,500 1062 50 7,500; 01 Faali Rental -._._ � _ � - 5'000 10,.197 50 11 000. 1.,770 00, 12 000 1,000 Miscellaneous f ' -rt 10000 19L103W 12,000 000' 12 000 01 GM'from FLL ---__ Unexpended balance, 1 ( 40 000' 35 774 40 000. 0 00 40 000 Q� - —- - - _ l�b1Wa1 62,500{ 74709: 70500 2,833 715001 _ 1,0001 - t • _ i INT FD REV - I` - -- .._..._._ - _ .. _�— --—I-- -_-.-.of __.. — t- f Transfer from Trust _ -_, - 1798! 01- 01 01 -_ Transfet from general fund --4--J------920031, 920 031" 943032 943 032 00 861,883 1 18,881 f IADL 2%increase_ STATE AID 1 _.,. Isubtotal..1.__ 920,031 921,8291 _9430321- 943 0321. $61,893 -- 19 861} __. ..--_` ,- - . - �_. 01 State Rid?— 1 – .t _ 5125 5,179.00 5,125 466 5L175 50 - I - rsubtotal I 5125_ 5,1791j- 51251 4 663" 501( — i - - ---+- 1 5,175, ._ ___ ________4_ –f _... _ _ - - t – _— '' 0 REVENUE TOTAL T 1– - a--- i _...__ __.; 0 -- .. _ •. I. 2 303 3221 2,313,1591 2366 336! 967,_668t- 2,392,393J 26,1 ,071 - t- . . �.- --_.. ----- . ..------- Total Revenue Excluding Tax Le vye ; 112,775 } 121,025 - 102'175x`-'- 18,850 Library Unexpended Fund Balance FY Starting Balance Contribution to O eratin DRAFT P g Ending Balance Annual Budget %of Budget 19/20 580,304 40,000 540,304 (See note) 2,392,393 23% 20/21 540,304 40,000 500,304 2,440,241 21% Building Maintenance Fund - Capital FY Starting Balance Contribution from Operating Anticipated Grants FY19/20 Expenses to date End Balance 19/20 133,316 50,000 150,000 (See Note 2) 31,660 301,656 20/21 301,656 Anticipated projects 50,000 300,000 51,656 21/22 51,656 50,000 101,656 Major Capital Improvement Projects Identified by 2018 Mechanical,Engineering,Plumbing(MEP)Survey Replacement of HVAC BMS Replacement of HVAC's 48 FCU's from 1995 renovation 300,000 Additional Major Capital Improvements that will need attention in next 3-5 years Replacement of rear roof over CR Replacement/repair of a number of windows from 1995 renovation 250000 NOTE 1 Unexpended Fund Balance at end of FY19/20 has not yet been confirmed by VOL Treasury Dept or by VOL annual audit NOTE 2 Building Maintenance Fund for year end FY19/20 has not yet been confirmed by VOL Treasury Deptor by VOL annual audit , Larchmont Public Library 2019 Village Center Usage Hours Library Open: Hrs per Total %of #of times session Hours Usage Rate Fees %of Fees Usage: VOL Committees- non election 26 3 78 7.53% VOL Training 3 4 12 1.16% VOL Election 1 16 13.5 1.30% Total VOL 30 103.5 10.00% Annual $1,200 9.98% County/State/National Elections 2 16 32 3.09% FASNY 29 6 174 16.80% $45 $7,830 65.14% Other Paid Rentals 23 2 46 4.44% $65 $2,990 24.88% Friends of the Library 12 4 48 4.64% Free FOL Mini Golf 2 7 14 1.35% Free LPL 309 2 618 59.68% Free (Total Collected Fees 407 1035.5 100.00% $12,0201 Total Cost of Village Center $12,000 Total Library Hours(est) 3,000 Additional#of Potential Hours Available to rent 1,965 MEMO To: Town Board Members From: Nancy Seligson Re: Municipal Housing Snapshot Date: January 30, 2020 I recently attended the County meeting for Sound Shore communities regarding the Westchester County Housing Assessment.Anna Danoy attended as well. I found the data for the Town of Mamaroneck very interesting and think it is important information for us to understand and consider for the Comprehensive Plan update. Please see the data attached. I will make sure the consultant has the information as well. r Town of Mamaroneck NORTH SALEM SOMERS • EKSKI L YORKTOWN LEWISBORO n CORTLANDT \ BEDFORD Crotop-on-Hud on OU T POUND RIDGE !SC . Os ti.. i" sa NEW CASTLE :Ossminy t • NORTH CASTLE •1 Briarcliff � \-1 Manor PI sant sleerMO Municipal MOUNTPLEASANT t..7py ;}collo ti 1 %. Housing Toirytow,,• ?J : n 0 , %rvin to t HARRISON RYe Snapshot 9 0 a• •rook'. -----''s i WHITE 'Dobbs s 2 lift•..• PLAINS , t.Ferry Port Hctinps n cc fhestJ?r 2019 S �� , UIRSQAI 40111 O , Tuc�• i � YONKERS Q .�,, Br NEW .S Matnoro } HELLE m Lorchmont Pe •• OUNT r •NO 1:. J W P`IhosT, 4 4 Manor TOWN OF MAMARONECK POPULATION AND HOUSING COST CHANGE Population Change Change (count) Change(%) Age 2000 2010 2017 2000 to 2010 to 2000 to 2000 to 2010 to 2000 to Cohorts 2010 2017 2017 2010 2017 2017 <20 3,270 3,541 3,546 271 5 276 8.3% 0.1% 8.4% 20-29 698 685 905 220 207 32.1% 29.7% 30-44 2,639 2,369 2,423 -_ 54 2_.c- lc 2.3% 45-64 3,045 3,563 3,662 518 99 617 17.0% 2.8% 20.3% 65-74 777 957 916 180 I) 139 23.2% -4.3% 17.9% 75-84 525 593 566 68 41 13.0% -4.6% 7.8% 85 187 269 301 82 32 114 43.9% 11.9% 61.0% Total 11,141 11,977 12,319 836 342 1,178 7.5% 2.9% 10.6% Median Monthly Gross Rent (Inflation Adjusted) $Change in Rent %Change in Rent 2000 2010 2017 2000 to 2010 to 2000 to 2000 to 2010 to 2000 to 2010 2017 2017 2010 2017 2017 Mamaroneck $1,508 $1,608 $1,759 $101 $151 $251 6.7% 9.4% 16.7% Westchester County $1,207 $1,348 $1,444 $141 $96 $237 11.7% 7.1% 19.6% Median Homeowner Costs for Homeowners with a Mortgage(Inflation Adjusted) $Change In Cost %Change in Cost 2000 2010 2017 2000 to 2010 to 2000 to 2000 to 2010 to 2000 to 2010 2017 2017 2010 2017 2017 Unavailable; Unavailable; Mamaroneck $4,589 $4,444 4,000 -$146 Reporting Limit -3.2% Reporting Limit Exceeded (>$4,000) Exceeded (>$4,000) Westchester County $3,412 $3,518 $3,340 $105 -$178 -$72 3.1% -5.1% -2.1% **Gross rent and homeowner costs values calculated for entire town, including areas within villages Source:Decennial Census, 2000, 2010;American Community Survey 5-year Estimates, 2010 and 2017 TOWN OF MAMARONECK RENTERS AND OWNERS Occupied Housing Units 4,304 Renter-Occupied Housing Units Owner-Occupied Housing Units Renter-Occupied Renter-Occupied Owner-Occupied Owner-Occupied (count) (%) (count) (%) 720 16.7% 3,584 83.3% 1 I Median Income of Renter-Occupied Median Income of Owner-Occupied Households (Inflation Adjusted) Households (Inflation Adjusted) $200,000 $200,000 $180,816 $175,000 $175,000 $150,000 $150,000 $174,321 $125,000 $125,000 • • $100,000 $75,221 $100,000 $75,000 $65,825 • • • $75,000 $50,000 • • • $50,000 $25,000 $25,000 $0 $0 2000 2010 2017 2000 2010 2017 --�+m-Westchester County --•--Mamaroneck --+-»a Westchester County • ••••Mamaroneck **Median Income values calculated for entire town,including areas within villages Source:Decennial Census,2000;American Community Survey 5-year Estimates,2010 and 2017 • TOWN OF MAMARONECK HOME SALES TRENDS Residential Sales Trends Median Sales Price 2008-2013 2013-2018 2008-2018 oh 2008 2013 2018 $change $ change % $change change change change Single $1,140,500 $985,000 $1,145,000 -$155,500 13.6% $160,000 16.2% $4,500 0.4% Family Condo $447,500 $494,250 $720,000 $46,750 10.4% $225,750 45.7% $272,500 60.9% Co-op $250,000 $255,000 $290,000 $5,000 2.0% $35,000 13.7% $40,000 16.0% HOMEOWNERSHIP AFFORDABILITY MATRIX Underwriting Scenario HUD Area Median Income ACS 2017 Single Family Homes 80% 100% Median Income Annual income $93,650 $117,100 $121,261 Monthly Income $7,804 $9,758 $10,105 Percentage of Income toward Housing Debt 28% 28% 28% Affordable Housing Payment $2,185 $2,732 $2,829 Estimated Insurance and Private Mortgage Insurance $295 $346 $354 Estimated Average Real Estate Taxes per Month $635 $635 $652 Affordable Mortgage Payment(30 yrs @ 4.75%) $1,388 $1,749 $1,809 Affordable Home Price Level $280,000 $353,000 $365,000 Down Payment of 5% $14,000 $17,650 $18,250 Affordable Home Mortgage $266,000 $335,350 $346,750 Median Price $1,145,000 $1,145,000 $1,145,000 Affordable Housing Price GAP(after 5%down) $865,000 -$792,000 -$780,000 Annual Income Needed for Median Priced Home= $370,000 Assumption of a 30 year,fixed rate mortgage at 4.75%, 28%front-end ratio with a maximum of 43%back-end ratio and a 5% down payment with Private Mortgage Insurance TOWN OF MAMARONECK RENTAL HOUSING - OUT OF REACH 2BR #of hours FMR Annual Hourly Renter Rent Gap in per week at Municipality Fiscal Wage to Wage to Wage Affordable Monthly Renter Wage Afford Afford Rate at Renter Rent Rate to Year 2BR 2BR 2018 Wage Rate 2018 Afford a 2BR 2018 at FMR Mamaroneck $1,687 $67,480 $32.44 $26.31 $1,368 -$319 49.3 Westchester County $1,687 $67,480 $32.44 $17.64 $917 -$770 73.6 New York $1,561 $62,440 $30.02 $16.19 $842 -$719 74.2 State ** Values calculated for entire town, including areas within villages ALICE HOUSEHOLDS The Asset-Limited, Income-Constrained, Employed (ALICE) project is a dataset developed by United Way to identify households that do not fit the official definition of poverty, but still struggle to make ends meet financially. "ALICE Households" are households that earn an annual income above the federal poverty threshold, but also don't earn enough to meet basic minimum living costs as estimate by United Way. 100% 90% 80% 70% 60% 1/160% 111 50% 0 40% 30% 29% 20% 10% 11% 0% , Town of Mamaroneck Westchester County r. Poverty Household ALICE Household r Above ALICE Household Source:United Way ALICE Project,2016 TOWN OF MAMARONECK HOUSING COST BURDEN ANALYSIS AFFORDABILITY: ALL INCOME LEVELS Affordable I ' •',. : e'' Severe RENTERS 520 20 125 665 as a%of the total number 78.2% 3.0% 18.8% 100% OWNERS 2,600 550 500 3,650 as a%of the total number 71.2% 15.1% 13.7% 100% COMBINED RENTERS AND OWNERS 3,120 570 625 4,315 as a%of the total number 72.3% 13.2% 14.5% 100% ZIOW WNW IOW 100.0% 80.0% • 78.2% 71.2% 72.3% 60.0% 40.0% -______--- `_..---- . _ .11,7, 15.1% 13.2% 20.0% ___---- 18.8% 13.7% 14.5% ;' Renters Owners Combined ■Severely Cost Budened Unaffordable c Affordable Renters Renters �____ - ,._ Owners and 18.8% 13.7% Owners 14.5% Severely Cost Severely Cost Severely Cost Burdened Burdened Burdened 21.8% 28.8% 27.7% Living in Severely Living in Severely Living in Severely Cost Burdened and Cost Burdened and Cost Burdened and Unaffordable Unaffordable Unaffordable Housing [ Housing Housing TOWN OF MAMARONECK HOUSING COST BURDEN SUMMARY COMBINED RENTERS AND OWNERS Number and Percentage of Owners and Renters by Income Level % % Owner Owner Renter Renter Total Household Income<=30%HAMFI 125 44.6% 155 55.4% 280 Household Income>30%to<=50%HAMFI 210 89.4% 25 10.6% 235 Household Income>50%to<=80%HAMFI 240 87.3% 35 12.7% 275 Household Income>80%to<=100%HAMFI 220 66.7% 110 33.3% 330 Household Income>100%HAMFI 2,855 89.4% 340 10.6% 3,195 Total 3,650 I 84.6% 665 I 15.4% I 4,315 RENTERS ONLY Number of Renters by Affordability Level Affordable rdable Severe %Severely <30% 30%to 50% >50% Cost Burden Household Income<=30%HAMFI 60 10 85 155 54.8% Household Income>30%to<=50%HAMFI 5 0 20 25 80.0% Household Income>50%to<=80%HAMFI 30 5 0 35 0.0% Household Income>80%to<=100%HAMFI 105 5 0 110 0.0% Household Income>100%HAMFI 320 0 20 340 5.9% Total 520 I 20 I 125 665 18.8% 105 Renter Households=< 50%HAMFI 115 Renter Households=<50%HAMFI Severely Cost Burdened pay over 30%toward rent OWNERS ONLY Number of Owners by Affordability Level Affordable Unaffordable ! Severe %Severely < 30% 30%to 50% >50% Cost Burden Household Income<=30%HAMFI 0 0 125 125 100.0% Household Income>30%to<=50%HAMFI 70 20 120 210 57.1% Household Income>50%to<=80%HAMFI 90 85 65 240 27.1% Household Income>80%to<=100%HAMFI 150 15 55 220 25.0% Household Income>100%HAMFI 2,290 430 135 2,855 4.7% Total 2,600 550 500 3,650 13.7% 245 Owner Hous: ; :s=<50%HAMFI 265 Owner Households=<50%HAMFI Severely Cost Burdened pay over 30%toward owning a home TOWN OF MAMARONECK HOUSING DEMAND Housing Problems Renter Owner Renters and Households Households Owners Substandard 0 0 0 Severely Overcrowded 45 0 45 Severely Cost Burdened 120 500 620 Net Housing Demand (households with at least one of the above housing problems)by Income Renter Owner Renters and Households Households Owners Household Income<=30%HAMFI 90 125 215 Household Income>30%to<=50%HAMFI 15 120 135 Household Income>50%to<=80%HAMFI 0 65 65 Household Income>80%to<=100%HAMFI 0 50 50 Household Income >100%HAMFI 60 135 195 Income Unavailable 0 5 5 Total Demand 165 500 665 HOUSEHOLDS WITH DISABILITIES Households with One or More Members Households with One or More Members with a Disability,by Disability Type with a Disability,by Income Households With Disability Type Households Income at Least 1 Type of Disability Hearing or Vision Impairment 395 <=30%HAMFI 95 Ambulatory Limitation 480 >30%to<=50%HAMFI 80 Cognitive Limitation 285 >50%to<=80%HAMFI 100 Self-care or Independent 365 >80%HAMFI 495 Living Limitation Total 770 Source:HUD, Comprehensive Housing Affordability Strategy(CHAS), 2011-2015 TOWN OF MAMARONECK **Unless otherwise noted,all data points in this snapshot are for the unincorporated parts of the Town,outside of the Villages of Larchmont and Mamaroneck POPULATION CHANGE • Source:Decennial Census, 2000 and 2010;American Community Survey 5-year Estimates, 2017 MEDIAN MONTHLY GROSS RENT&MEDIAN MONTHLY HOMEOWNER COSTS • Data Note:Inflation adjustments calculated using the Bureau of Labor Statistics CPI Inflation Calculator. • Source:Decennial Census, 2000;American Community Survey 5-year Estimates,2010 and 2017 RENTER-OCCUPIED HOUSING/OWNER OCCUPIED HOUSING • Source:American Community Survey 5-year Estimates,2017 MEDIAN INCOME OF RENTERS AND OWNERS • Data Note:Inflation adjustments calculated using the Bureau of Labor Statistics CPI Inflation Calculator. • Source:Decennial Census, 2000;American Community Survey 5-year Estimates,2010 and 2017 RESIDENTIAL SALES TRENDS • Source:Hudson Gateway Multiple Listing Service; Valuation Consultants, Inc.;Better Homes and Garden Rand Realty HOMEOWNER AFFORDABILITY MATRIX • Data Note:Assumption of a 30-year,fixed rate mortgage at 4.75%,28%front-end ratio with a maximum of 43%back-end ratio and a 5%down payment with Private Mortgage Insurance. • Source:American Community Survey 5-year Estimates,2017;HUD. RENTAL HOUSING—OUT OF REACH • Data Note:The renters wage rate is the ratio between the household incomes of a renter and an owner, which is multiplied by the median wage rate of all households to achieve the renters median wage rate for each municipality • Source:National Low Income Housing Coalition,American Community Survey 5-year Estimates-2017 ALICE HOUSEHOLDS • Source:United Way ALICE Project,2016 HOUSING COST BURDEN ANALYSIS • Data Note: "Severely Cost Burdened"=more than 50%of gross household income towards housing costs. "Unaffordable"=More than 30%but less than 50%of gross household income towards housing costs. "Affordable"=30%or less of gross household income towards housing costs. • Source:HUD, Comprehensive Housing Affordability Strategy(CHAS),2011-2015 HOUSING PROBLEMS • Data Note: "Substandard"=lacking complete plumbing or kitchen facilities. "Severely Overcrowded"= more than 1.5 persons per room. • Source:HUD, Comprehensive Housing Affordability Strategy(CHAS),2011-2015 NET HOUSING DEMAND • Source:HUD, Comprehensive Housing Affordability Strategy(CHAS), 2011-2015 HOUSEHOLDS WITH DISABILITIES • Source:HUD, Comprehensive Housing Affordability Strategy(CHAS),2011-2015 Local Law No. -2020 This local law shall be known as the "Addition of Normandy Road to the Streets where Parking is Prohibited on Certain Sides at Certain Times" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town Board finds that Normandy Road should be added to the streets within walking distance of the Larchmont Metro-North Train Station where parking for one hour of each weekday on each side of the street should be prohibited. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-20 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 219-20. Parking prohibited certain times. No motor vehicle shall be parked, unless otherwise indicated, upon any of the public highways or parts of public highways described below, between the hours specified below. Name of public Direction of highway Travel Hours Days Location All roads in All 3:00 a.m. to All On public Unincorporated 6:00 a.m. highways, Town of except those Mamaroneck public highways designated in § 219-21 Alden Road South 9:00 a.m. to Tuesday West side from 12:00 noon Boston Post Road to Copley Road Burton Road North 9:00 a.m. to Wednesday East side from 12:00 noon the driveway entrance of the southernmost parking garage to the beginning of the section where parking is prohibited at all times. Name of public Direction of highway Travel Hours Days Location Burton Road South 9:00 a.m. to Thursday West side from 12:00 noon Palmer Avenue to the beginning of the section where parking is prohibited at all times. Colonial West 7:30 a.m. to School Days, North side from Avenue 9:00 a.m. and except holidays Murray Avenue 2:00 p.m. to to Daymon 3:30 p.m. Terrace Colonial West 7:30 a.m. to School Days, North side from Avenue 9:00 a.m. and except holidays the driveway of 2:00 p.m. to the home at 85 3:30 p.m. Colonial Avenue to Daymon Terrace Copley Road North 9:00 a.m. to Tuesday From Alden 12:00 noon Road to the southern property line of 10 Copley Road Daymon South School Times School Days East side from Terrace Senate Place to Colonial Avenue Dillon Road North 9:00 a.m. to Tuesday East side from 12:00 noon Boston Post Road to Edgewater Place Echo Lane North 10:00 a.m. to Monday through East side from 11:00 a.m. Friday, except Murray Avenue holidays to Hillcrest Road Echo Lane South 2:00 p.m. to Monday through West side from 3:00 p.m. Friday, except Hillside Road to holidays Murray Avenue Edgewood East 2:00 p.m. to Monday through South side from Avenue 3:00 p.m. Friday, except Murray Avenue holidays to Judson Street Edgewood West 10:00 a.m. to Monday through North side from Avenue 11:00 a.m. Friday, except Murray Avenue holidays to Judson Street 2 Name of public Direction of highway Travel Hours Days Location France Place North 10:00 a.m. to Monday through East side for its 11:00 a.m. Friday, except entire length holidays France Place South 2:00 p.m. to Monday through West side for its 3:00 p.m. Friday, except entire length holidays Hillside Road East 2:00 p.m. to Monday through South side for its 3:00 p.m. Friday, except entire length holidays Hillside Road West 10:00 a.m. to Monday through North side for its 11:00 a.m. Friday, except entire length holidays Huguenot Drive West, then 10:00 a.m. to Monday through South side from North 11:00 a.m. Friday, except North holidays Chatsworth Avenue to Barnard Road Huguenot Drive South, then 1:00 p.m. to Monday through North side from East 2:00 p.m. Friday, except North holidays Chatsworth Avenue to Barnard Road Laurel Avenue East 2:00 p.m. to Monday through South side for its 3:00 p.m. Friday, except entire length holidays Laurel Avenue West 10:00 a.m. to Monday through North side for its 11:00 a.m. Friday, except entire length holidays Lester Place Both 9:00 a.m. to Wednesday South side for its noon entire length Maple Hill East 10:00 a.m. Monday through South side from Drive to 11:00 Friday, except Murray Avenue a.m. holidays to Orsini Drive Maple Hill West 1:00 p.m. Monday through North side from Drive to 2:00 Friday, except Murray Avenue p. m. holidays to Orsini Drive Mountain East 10:00 a.m. Monday through South side for its Avenue to 11:00 Friday, except entire length a.m. holidays within the Town of Mamaroneck Mountain West 1:00 p.m. Monday through North side for its Avenue to 2:00 Friday, except entire length p.m. holidays within the Town of Mamaroneck 3 Name of public Direction of highway Travel Hours Days Location Murray Avenue North 8:00 a.m. to School Days East side for a 4:00 p.m. distance of 150 feet north from Forest Avenue Murray Avenue North 9:00 a.m. to Second Friday of East side from 11:00 a.m. each month Leafy Lane to Myrtle Boulevard Murray Avenue South 8:00 a.m. to School Days West side 4:00 p.m. commencing at a point 365 feet north from Bryson Street for a distance of 140 feet toward Forest Avenue to a point ending 245 feet from Forest Avenue Murray Avenue South 8:00 a.m. to School Days West side from 9:00 a.m. and Bryson Street for 2:30 p.m. to a distance of 198 3:30 p.m. feet toward Forest Avenue Murray Avenue South 8:00 a.m. to School Days West side from 9:00 a.m. and Forest Avenue 2:30 p.m. to for a distance of 3:30 p.m. 175 feet toward Bryson Street Murray Avenue South 9:00 a.m. to First Friday of West side from 10:00 a.m. each month Leafy Lane to Myrtle Boulevard New Jefferson North 9:00 a.m. to Second Tuesday East side for its Street 11:00 a.m. of each month entire length New Jefferson South 9:00 a.m. First Tuesday West side for Street to 11:00a.m. of each month its entire length Normandy East 10:00 a.m. Monday through South side for its Road to 11:00 Friday, except entire length a.m. holidays 4 Name of public Direction of highway Travel Hours Days Location Normandy West 2:00 p.m. Monday through North side for its Road to 3:00 Friday, except entire length p.m. holidays North North 9:00 a. m. First Thursday of East side from Chatsworth to 11:00 each month Myrtle Avenue a.m. Boulevard to the northern boundary of 40 North Chatsworth Avenue _ North South 9:00 a. m. Second Thursday West side from Chatsworth to 11:00 of each month the northern Avenue a.m. boundary of 35 North Chatsworth Avenue to Myrtle Boulevard North North 10:00 a.m. Monday through That section of Chatsworth to 11:00 Friday, except the east side Avenue a.m., holidays from the point where the WS Residential Area (as defined in § 219-62) ends to Echo Lane where parking is permitted at other times North South 1:00 p.m. Monday through That section of Chatsworth to 2:00 Friday, except the west side Avenue p.m. holidays from Birch Road to the point where the WS Residential Area (as defined in § 219-62) begins where parking is permitted at other times Overlook South, then 9:00 a.m. Monday through West and south Terrace East, then to 10:00 Friday, except sides for its North a.m. holidays entire length 5 Name of public Direction of highway Travel Hours Days Location Overlook South, then 12:00 Monday through East and north Terrace West, then noon to Friday, except sides for its North 1:00 holidays entire length p.m. Palmer Avenue East 8:00 a.m. Monday through South side from to 5:00 Friday, except the driveway p.m. holidays entrance to Mamaroneck High School for a distance of 90 feet toward Richbell Road Preston Street North 10:00 a.m. to Monday through East side for its 11:00 a.m. Friday, except entire length holidays Preston Street South 2:00 p.m. to Monday through West side for its 3:00 p.m. Friday, except entire length holidays Richbell Road North 9:00 a.m. to Wednesday East side from 12:00 noon Palmer Avenue to the boundary line of the Village of Mamaroneck Richbell Road South 9:00 a.m. to Thursday West side from 12:00 noon Palmer Avenue to the boundary line of the Village of Mamaroneck Rochelle Road East 10:00 p.m. to Monday through South side from 11:00 a.m. Friday, except Huguenot Drive holidays to France Place Rochelle Road West 1:00 p.m. to Monday through North side from 2:00 p.m. Friday, except Huguenot Drive holidays to France Place Rockingstone North 10:00 a.m. to Monday through From North Avenue 11:00 a.m. Friday, except Chatsworth holidays Avenue to Valley Road Rockingstone South 1:00 p.m. to Monday through From Seton Avenue 2:00 p.m. Friday, except Road to North holidays Chatsworth Avenue 6 Name of public Direction of highway Travel Hours Days Location Senate Place North 8:00 a.m. to School days East side for its 4:00 p.m. entire length Sheldrake North 8:00 a.m. to School days East side from Avenue 9:00 a.m. and Forest Avenue to from 2:30 p.m. Holly Place to 3:30 p.m. Thompson North 10:00 a.m. to Monday through East side for its Street 11:00 a.m. Friday, except entire length holidays Thompson South 2:00 p.m. to Monday through West side for its Street 3:00 p.m. Friday, except entire length holidays Valley Road North 9:00 a.m. to Friday, except East side from 12:00 noon holidays Rockingstone Avenue to Birch Street Valley Road South 9:00 a.m. to Thursday, except West side from 12:00 noon holidays Rockingstone Avenue to Forest Avenue Washington South 9:00 a.m. to Second Monday East side for its Square 11:00 a.m. of each month entire length Washington South 9:00 a.m. to First Monday of West side for its Square 11:00 a.m. each month entire length Section 3 —Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surfaces of the streets identified in sections 2 and 3 of this Local Law indicating where and when parking is prohibited or limited by this law. Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 7 January 17,2020 8 0 9 2 tE 2i g1. Town of Mamaroneck z 71 Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 saltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Electric Vehicle Charging Stations Date: January 31, 2020 On February 5, the Town Board will hold a public hearing on a proposed local law to establish a fee for the use of electric vehicle charging stations installed by the Town. For consideration of this item the following is attached: € Proposed Local - Fees for Charging Electric Vehicles € Resolution to Chapter 219-40 to establish a fee of $.30 per kwh for use of the charging station. IA( Lphen V. Altieri Town Administrator tutPrinted on Recycled Paper Local Law No. -2020 This local law shall be known as the "Fees for Charging Electric Vehicles only" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: On January 22, 2020, the Town Board passed Local Law No. 1-2020 which created section 219-40 of the Code of the Town of Mamaroneck. Section 219-40 promulgated the rules for determining places on the public streets and within Town-owned parking lots where only electric vehicles can be parked. This local law creates the method for establishing the fee for charging electric vehicles at the electric charging stations where only electric vehicles can be parked. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-40 of the Code of the Town of Mamaroneck hereby is amended by adding the following subdivision D thereto: D. From time to time, by resolution, the Town Board shall establish the fee for charging an electric vehicle which is parked in a parking space designated by the Town Administrator as parking exclusively for electric vehicles parking. Section 3-Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of those parking spaces where parking is reserved exclusively for electric vehicles. Section 4-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 24,2020 RESOLUTION FOR AMENDMENT TO CHAPTER 219-40 WHEREAS,the Town of Mamaroneck Vehicle and Traffic Chapter 219,§219-40 stipulates that from time to time, by resolution, the Town Board shall establish the fee for charging an electric vehicle which is parked in a parking space designated by the Town Administrator as parking exclusively for electric vehicles parking. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby set the fee for charging an electric vehicle parked in a parking space designated as parking exclusively for electric vehicles at$0.30 per kwh. Town of Mamaroneck From: Tracy Yogman -Town Comptroller Re: Fire Claims Date: February 5, 2020 The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and VENDOR DESCRIPTION Amount AAA Emergency Supply co. Scott parts $ 454.67 AAA Emergency Supply co. Scott POSI Check III Test/Calibration as per OSHA 1,947.00 Amazon Supplies- Bldg/ground,office 109.34 Chatsworth Cleaners Uniform cleaning 67.55 Foley Hardware Anchor&bits 44.96 Fire-End&Croker Corp. Gloves 88.40 Goosetown Communications MOTOTRBO Remote 5 meters, replaced damaged HT1250 housing 1,194.99 Grainger Broom handle&brush 39.12 Minerva Cleaners Advanced pants inspection, patches, restitch trim&seams, harness,&velcro 238.05 Optimum Cable Services for 1/23/20-2/22/20 201.51 Ready Refresh Water Cooler rental 12/19/19-1/18/20 122.96 Uni First Corporation Cleaning supplies 1/17/20 262.81 Verizon Fire HQ service 1/10/20-2/9/20 260.65 Villa Maria Pizza Food for Department Drill 1/14/20, Fast Drill 1/22/20 193.81 Total $ 5,225.82 RECREATION COMMISSION On motion of , seconded by , it was unanimously RESOLVED,that with the resignation of Natalie Orans as Member G, a vacancy now exists on the Recreation Commission. NOW, THEREFORE, BE IT RESOLVED,that be appointed as Member G of the Recreation Commission, said term to expire on December 31, 2026, and ZONING BOARD OF APPEALS On motion of , seconded by , it was unanimously RESOLVED,that Arthur Wexler be reappointed as Member D of the Zoning Board of Appeals, said term to expire on December 31, 2024, and BE IT FURTHER RESOLVED, that Arthur Wexler shall serve as Chairperson of the Zoning Board of Appeals for the year 2020. BE IT, FURTHER RESOLVED,that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law. Town of Mamaroneck, NY Town Board Agenda Memorandum To: Town Administrator ,Stephen Alfieri From: r L k�hna Danoy, Director of Community Services, Senior Programs & Housing g Date: 1/31/2020 Meeting Date: 2/5/2020 Subject: Inspections Contract with CVR Associates The Town of Mamaroneck PHA is required to inspect all new units on initial lease up and all existing leased units at least once every two years. For several years we piggy-backed on the Yonkers Housing Authority contract with McCright &Associates. There were a number of issues with McCright's service over the 3+ years we worked with them, and when the contract expired last year research was done to identify other inspection services available that would cover Westchester County. The Town of Yorktown Section 8 Director canvassed several agencies including McCright and CVR Associates, and a proposal was also submitted by Gary Godbee, an independent contractor. In 2019, the PHA incurred $15,950 in inspection fee expenses at $50 per inspection. CVR Associates rates for the same services are $45 per inspection. Given the volume of inspections performed each year, I believe it is essential to have an organization that will have sufficient staff to perform the inspections needed on demand. Action You Would Like the Town Board to Take: I am recommending that the Town enter into a contract with CVR Associates. A copy of their proposal is attached to this memorandum. CVR ASSOCIATES, INC. HOUSING QUALITY STANDARDS("HQS") INSPECTIONS SERVICES CONTRACT SECTION 8 HOUSING CHOICE VOUCHER PROGRAM TOWN OF MAMARONECK ("MAMARONECK") THIS CONTRACT ("Contract") is made by and between CVR Associates, Inc. (hereinafter referred to as"Contractor"or"CVR"),a corporation organized and existing under the laws of the State of Florida,having its principal office at 2309 S. MacDill Avenue, Suite 200,Tampa, Florida 33629 and the Town of Mamaroneck, (hereinafter referred to as "Mamaroneck" or"Authority"), a public body corporate and politic having its principal office at 740 W.Boston Post Road,Rm.110,Mamaroneck,NY 10543. NOW, THEREFORE, Contractor and Mamaroneck, for the consideration stated herein, mutually agree as follows: 1. Contract Term. Unless terminated by the Authority in accordance with paragraph 7of this Agreement,the term of this Agreement shall be for a period of two years commencing March 1,2020 and shall terminate February 28, 2022. The Authority, at its sole discretion, reserves the right to exercise the option to renew this Contract for a period of three (3) additional years on a year-to-year basis. 2 Statement of Work.The Contractor shall furnish all labor,materials,equipment,services,and insurance, and perform and complete all work ("work") required in accordance with the Authority's Request for Proposal,response dated for this Contract,except as otherwise specified herein. 21 Contractor and/or agent shall perform the inspection of Section 8 units within the Town of Mamaroneck,NY that are currently occupied or intended to be occupied by residents whose Section 8 vouchers are managed by the Authority. 22 Timeframe of Performance.All inspections will be scheduled on workdays throughout the month. 3. Contract Price.This is a Firm Fixed Fee contract,whereas when Mamaroneck shall have need of supplies and/or services,Mamaroneck shall pay the Contractor for the performance of the Contract, subject to additions and deductions the amounts provided by the Contractor within his/her proposed fee schedule for the specific supplies and/or services needed.Costs shall be as follows: Initial/Annual Inspection $45.00 Re-inspection $35.00 No Show $25.00 Special Inspection $35.00 Quality Control $45.00 4. Contract Documents. The following documents are incorporated herein by reference: a. this Agreement;b.the Contractor's Proposal Submission and any revisions made to pricing and/or services through negotiation;and c.all HUD required contract documents including HUD 5370-C Parts I and II, which are included into this agreement by reference. 5. Insurance and Indemnification. Contractor agrees to name Mamaroneck as an additional insured on its general liability policy, and any other insurance policy as determined by Mamaroneck 1 that is relevant to the contract scope of work. These policies shall also be primary to and non- contributory to Mamaroneck's General Liability policy. Contractors and subcontractors are also required to name Mamaroneck as an additional insured on their General Liability policy,and any other insurance policy as determined by Mamaroneck that is relevant to the contract scope of work. Contractor and subcontractor agree to indemnify Mamaroneck,to the fullest extent provided by law, for any and all claims arising out of the Contractor's and subcontractor's performance of this contract. Contractor and subcontractor agrees to provide proof of General Liability insurance coverage with combined single limit for bodily injury and property damage not less than $1 million per occurrence. Contractors and subcontractors also agree to provide proof of Automobile insurance of owned and non- owned vehicles used on the sites or in connection therewith for combined single limit for bodily injury and property damage not less than$500,000 per occurrence. Mamaroneck reserves the right to request a copy of the contractor's and subcontractor's full insurance policies and applicable endorsements. Contractors and subcontractors must maintain the insurance policies that were submitted during the entire length of the contract. 6. MBE/WBEJSBE Compliance. Contractor shall take steps to ensure that, whenever possible, subcontracts are awarded to minority,women-owned,and small business enterprises,per form HUD- 5370(11/2006),Clause 38. 7. Termination: Notwithstanding any provisions to the contrary contained in this Agreement or any of the documents incorporated in this Agreement by reference,the Authority shall have the right to terminate this Agreement for any reason whatsoever at any time upon thirty(30)day written notice to Contractor at which time this Agreement shall become null and void. 8 Independent Contractor:All employees of the Contractor shall be considered to be,at all times, employees of the Contractor under its sole direction and not employees or agents of the Authority.The Contractor shall supply competent employees.The Authority may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Mamaroneck property is not in the best interest of the Authority. Each employee shall have and wear proper identification. 9. Independent Contractor Relationship.The Contractor is,and shall be,in the performance of all work services and activities under this Agreement,an independent contractor,and not an employee, agent or servant of the Authority.All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Contractor's sole direction, supervision and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor's relationship and the relationship of its employees to the Authority shall be that of an independent contractor and not as employees and agents of the Authority. 9.1 The Contractor does not have the power or authority to bind the Authority in any promise,agreement or representation other than specifically provided for in this Agreement. 1Q Quality Assurance/Quality Assurance Record Keeping: The Contractor shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Statement of Work.The Contractor and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three (3)years from the expiration date of this Agreement and any extension thereof. 11. Audits: The Authority, U.S. Department of Housing and Urban Development ("HUD"), or 2 'Comptroller General of the United States,or any of their duly authorized representatives shall,until 3 years after final payment under the contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit,examination,excerpts,and transcriptions. 12 Rights in Data (Ownership and Proprietary Interest). The Authority shall have exclusive ownership of all proprietary interest in,and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports,memoranda or letters concerning the research and reporting tasks of this Contract. B. Assignment of Contract. The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the Authority under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the Authority. 14. Dissemination or Discussion of Information.No information or material shall be disseminated or disclosed to the general public,the news media,or any person or organization without prior express written approval by the Authority. 15. Other Contractors. Mamaroneck may undertake or award other contracts for additional work at or near the site(s)of the work under this contract.The Contractor shall fully cooperate with the other contractors and with Mamaroneck and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work,heeding any direction that may be provided by the Authority. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or Mamaroneck employee. 16. Severability: If any provision,or any portion thereof,contained in this Agreement is held to be unconstitutional, invalid,or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. 17 No Waiver: No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision contained within this Agreement, a waiver of the family's obligations contained within the lease agreement or a waiver of future enforcement of that or any other provision. 18. Governing Law:This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida,without regard to conflicts of law provisions.Any cause of action arising under this Agreement shall be heard solely in the Courts of Hillsborough County,Florida. 19. Construction: The parties agree that just because one of the parties may have partially or completely drafted this Agreement,no provision shall be construed against that drafting party. 71) Complete Agreement: This Agreement contains a complete statement of all the agreements between the parties hereto with respect to the subject matter hereof and shall not be changed or terminated orally. Neither party to this Agreement believes the other party has made any oral representations that are not contained in this written Agreement. No oral statement not incorporated within this agreement or prior written matter extrinsic to this Agreement concerning the rights,duties, or obligations of either party hereto shall have and force or effect on either party. Any prior written agreements,statements,promises or representations between the parties,whether written or oral, are hereby revoked and held void and unenforceable. 3 21 Enforcement: In the event either party defaults on their obligations under this Agreement and attorney's fees and costs are incurred in order to enforce this Agreement,the defaulting party shall pay the non-defaulting party's reasonable attorney's fees and costs incurred. 22. Notice: Notices pursuant to this Agreement shall be given by certified mail through United States Postal Service delivery or by hand delivery,addressed as follows: AUTHORITY: Anna Danoy Town of Mamaroneck Housing Choice Voucher Program 740 W.Boston Post Road,Rm.110 Mamaroneck,NY 10543 CONTRACTOR: CVR Associates,Inc. 2309 S.MacDill Avenue,Suite 200 Tampa,Florida 33629 Attention: Phone: (813)223-3100 Fax: (813)228-7713 E-mail:cvr@cvrassociates.com IN WITNESSES WHEREOF, the Town of Mamaroneck and CVR Associates, Inc. have caused this Agreement to be signed and executed,in duplicate the day and year first written above Executed on the day of Town of Mamaroneck CVR Associates,Inc. By its authorized representative, By its authorized representative, Signature Signature Print Name and Title Print Name and Title 4 Town of Mamaroneck, NY Town Board Agenda Memorandum To: Town Administrator Stephen Alfieri From: Anna Danoy,Director of Community Services, Senior Programs &Housing Date: 1/23/2020 Meeting Date: 2/5/2020 Subject: Section Eight Management Assessment Program (SEMAP) The US Department of Housing and Urban Development (HUD) requires that Public Housing Agencies prepare and submit a SEMAP Certification within 60 days after the end of its fiscal year. The SEMAP Certification addresses "program performance and the PHA's assurance that there is no evidence of seriously deficient performance"and assigns an overall performance rating to the PHA. I am requesting that on 2/5/2020 the Town Board review and approve the SEMAP Certification for 2019. The SEMAP Certification is due to HUD no later than 2/28/2020. This will allow time to incorporate any changes that may be necessary. SEMAP Certification - Addendum for Reporting Data for Deconcentration Bonus Indicator 01/23/2020 Date (mm/ddiyyyy) NY117 Town of Mamaroneck PHA Name Principal Operating Area of PHA Mamaroneck/Larchmont NY (The geographic entity for which the Census tabulates data) Special Instructions for State or regional PHAs Complete a copy of this addendum for each metropolitan area or portion of a metropolitan area (i.e.,principal operating areas)where the PHA has assisted 20 or more Section 8 families with children In the last completed PHA FY. HUD will rate the areas separately and the separate ratings will then be weighted by the number of assisted families with children in each area and averaged to determine bonus points. 1990 Census Poverty Rate of Principal Operating Area 16% Criteria to Obtain Deconcentration Indicator Bonus Points To qualify for bonus points,a PHA must complete the requested information and answer yes for only one of the 3 criteria below. However, State and regional PHAs must always complete line 1)b for each metropolitan principal operating area. 1) 43 a. Number of Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY who live in low poverty census tracts. A low poverty census tract is a tract with a poverty rate at or below the overall poverty rate for the principal operating area of the PHA,or at or below 10%whichever is greater. 43 b. Total Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY. 100.00 c, Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last PHA FY(line a divided by line b). Is line c 50%or more? Yes R No 2) a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last completed PHA FY. b. Number of Section 8 families with children who moved to low poverty census tracts during the last completed PHA FY. c. Number of Section 8 families with children who moved during the last completed PHA FY, d. Percent of all Section 8 mover families with children who moved to low poverty census tracts during the last PHA fiscal year(line b divided by line c). Is line d at least two percentage points higher than line a? Yes nl No 3) a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the second to last completed PHA FY. b. Number of Section 8 families with children who moved to low poverty census tracts during the last two completed PHA FYs. c. Number of Section 8 families with children who moved during the last two completed PHA FYs. d. Percent of all Section 8 mover families with children who moved to low poverty census tracts over the last two completed PHA FYs(line b divided by line c). Is line d at least two percentage points higher than line a? Yes ! I No L i If one of the 3 criteria above is met,the PHA may be eligible for 5 bonus points. See instructions above concerning bonus points for State and regional PHAs. form HUD-52648 (11/2013) Previous edition is obsolete ref.24 CFR Part 985 b. Number of FSS families currently enrolled c. Portability. If you are the Initial PHA,enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b +c divided by a) ( J 14b. Percent of FSS Participants with Escrow Account Balances. The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances. (24 CFR 984.305) Applies only to PHAs required to administer an FSS program. Check here if not applicable PHA Response Yes I _ No Portability: If you are the Initial PHA,enter the number of families with FSS escrow accounts currently enrolled in your FSS program,but who have moved under portability and whose Section 8 assistance is administered by another PHA Deconcentration Bonus Indicator (Optional and only for PHAs with jurisdiction in metropolitan FMR areas). The PHA is submitting with this certification data which show that: (1) Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY; (2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area during the last PHA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FY: or (3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area over the last two PHA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY. PHA Response Yesj�/ . No t If yes,attach completed deconcentration bonus indicator addendum. I hereby certify that,to the best of my knowledge,the above responses under the Section 8 Management Assessment Program(SEMAP)are true and accurate for the PHA fiscal year indicated above. I also certify that,to my present knowledge,there is not evidence to indicate seriously deficient performance that casts doubt on the PHA's capacity to administer Section 8 rental assistance in accordance with Federal law and regulations. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012; 31 U.S.C.3729,3802) Executive Director, signature Chairperson,Board of Commissioners,signature Date (mm/dd/yyyy) 02/05/2020 Date (mm/ddlyyyy) The PHA may include with its SEMAP certification any information bearing on the accuracy or completeness of the information used by the PHA in providing its certification. form HUD-52648 (11/2013) Previous edition is obsolete Page 3 of 4 ref. 24 CFR Part 985 ' 7 --Expanding Housing Opportunities. (24 CFR 982.54(d)(5),982.153(b)(3)and(b)(4), 982.301(a)and 983.301(b)(4)and(b)(12)). Applies only to PHAs with jurisdiction in metropolitan FMR areas. Check here if not applicable I (a) The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration,and which includes actions the PHA will take to encourage owner participation. _ PHA Response Yes R,/ j No L (b) The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration. PHA Response Yes I ✓J No L--1 (c) The PHA has prepared maps that show various areas,both within and neighboring its jurisdiction,with housing opportunities outside areas of poverty and minority concentration;the PHA has assembled information about job opportunities,schools and services in these areas:and the PHA uses the maps and related information when briefing voucher holders. PHA Response Yes Ck] No (d) The PHA's information packet for voucher holders contains either a list of owners who are willing to lease,or properties available for lease,under the voucher program,or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration. PHA Response Yes ✓ ; No LL (e) The PHA's information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name,address and telephone number of a portability contact person at each. PHA Response Yes . No L (f) The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and,where such difficulties were found.the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary. PHA Response Yes ti/j --No l 1 8. Payment Standards, The PHA has adopted current payment standards for the voucher program by unit size for each FMR area in the PHA jurisdiction and, if applicable,for each PHA-designated part of an FMR area,which do not exceed 110 percent of the current applicable FMR and which are not less than 90 percent of the current FMR(unless a lower percent is approved by HUD). (24 CFR 982.503) PHA Response Yes I ✓1 No Enter current FMRs and payment standards(PS) 0-BR FMR 1690 1-BR FMR 1980 2-BR FMR 2380 3-BR FMR 3060 4-BR FMR 6440 r PS 1690 PS 1980 _ PS 2380 PS 3060 PS -_ 6440 If the PHA has jurisdiction in more than one FMR area,and/or if the PHA has established separate payment standards for a PHA-designated fi part of an FMR area,attach similar FMR and payment standard comparisons for each FMR area and designated area. j 9. Annual Reexaminations. The PHA completes a reexamination for each participating family at least every 12 months. (24 CFR 982.516) 3 PHA Response Yes F✓ 1 No Li 10. Correct Tenant Rent Calculations. The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program. (24 CFR 982,Subpart K) q PHA Response Yes L✓ No 11. Precontract HOS Inspections. Each newly leased unit passed HOS inspection before the beginning date of the assisted lease and HAP contract. (24 CFR 982.305) PHA Response Yes I 4/ I No L I 12. Annual HOS Inspections. The PHA inspects each unit under contract at least annually. (24 CFR 982.405(a)) PHA Response Yes L✓.j No 1 . 13. Lease-Up. The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year. t I PHA Response Yes L✓] No 1 —J 14a. Family Self-Sufficiency Enrollment The PHA has enrolled families in FSS as required. (24 CFR 984.105) Applies only to PHAs required to administer an FSS program. Check here if not applicable I(/ PHA Response a. Number of mandatory FSS slots(Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/2011998. Exclude units funded in connection with Section 8 and Section 23 project-based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3);and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10.!2111998.) i -- �t) or,Number of mandatory FSS slots under HUD-approved exception form HUD-52648 (812000) Previous edition is obsolete Page 2 of 4 ref. 24 CFR Part 985 • Section 8 Management Assessment U.S. Department of Housing OMB Approval Ito. 2577-0215 , and Urban Development (exp.02/2912020) Program (SEMAP) Office of Public and Indian Housing Certification Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not conduct or sponsor,and you are not required to respond to,a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency(PHA)administering a Section 8 tenant-based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the Information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality. Instructions Respond to this certification form using the PHA's actual data for the fiscal year just ended. PHA Name For PHA FY Ending(mm/ddfyyyy) Submission Date (mmlddlyyyy) NY117 Town of Mamaroneck PHA 12/31/2019 Check here if the PHA expends less than$300,000 a year in Federal awards I— Indicators 1 -7 will not be rated if the PHA expends less than 5300.000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators. Performance Indicators 1. Selection from the Waiting List. (24 CFR 982.54(d)(1)and 982.204(a)) (a) The PHA has written policies in its administrative plan for selecting applicants from the waiting list. PHA Response Yes `V/ ' No • (b) The PHA's quality control samples of applicants reaching the top of the waiting list and of admissions show that at least 98%of the families in the samples were selected from the waiting list for admission in accordance with the PHA's policies and met the selection criteria that determined their places on the waiting list and their order of selection. PHA Response Yes V No 2. Reasonable Rent. (24 CFR 982.4,982.54(d)(15),982.158(f)(7)and 982.507) (a) The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units(i)at the time of initial leasing,(ii)before any increase in the rent to owner,and(iii)at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenities, housing services, maintenance or utilities provided by the owners. PHA Response Yes I ✓ No (b) The PHA's quality control sample of tenant files for which a determination of reasonable rent was required shows that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for(check one)• '. PHA Response I y/1 At least 98%of units sampled 80 to 97%of units sampled Less than 80%of units sampled 3. Determination of Adjusted Income. (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA's quality control sample of tenant files shows that at the time of admission and reexamination,the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available;used the verified information in determining adjusted income;property attributed allowances for expenses;and,where the family is resporsible for utilities under the lease,the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for(check one): PHA Response V_ At least 90%of files sampled 1 80 to 89%of files sampled I 1 Less than 80%of files sampled 4. Utility Allowance Schedule. (24 CFR 982.517) The PHA maintains an up-to-date utility allowance schedule. The PHA reviewed utility rate data that it obtained within the last 12 months,and adjusted its utility allowance schedule if there has been a change of 10%or more in a utility rate since the last time the utility allowance schedule was revised. PHA Response Yes i if l No L 5. HQS Quality Control Inspections. (24 CFR 982.405(b)) A PHA supervisor(or other qualified person)reinspected a sample of units during the PHA fiscal year,which met the minimum sample size required by HUD(see 24 CFR 985.2),for quality control of HQS inspections. The PHA supervisor's reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of a cross section of inspectors. PHA Response Yes [.7} No I I 6. HQS Enforcement. (24 CFR 982.404) The PHA's quality control sample of case files with failed HOS inspections shows that,for all cases sampled,any cited life-threatening HQS deficiencies were corrected within 24 hours from the inspection and,all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA-approved extension,or,if HOS deficiencies were not corrected within the required time frame,the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period,or took prompt and vigorous action to enforce the family obligations for(check one): PHA Response I-6/7 At least 98%of cases sampled I I Less than 98%of cases sampled form HUD-52648 (11/2013) Previous edition is obsolete Page 1 of 4 ref. 24 CFR Part 985 3� s Town of Mamaroneck _ rn Town Center ~FOUNDED 1661 • 740 West Boston Post Road, Mamaroneck,NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914)381-7809 cgreenodonnell@townofmamaroneckny.org TO: Stephen Alfieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: January 28, 2020 SUBJECT: Authorization to Appoint a Laborer Authorization is requested to appoint Dean Vacchio to the full-time position of Laborer in the Highway Department at an annual salary of$51,932, effective February 6, 2020. The position is open as a result of a recent retirement and the funding for such is reflected in the 2020 budget. If appointed, he will be required to serve a fifty-two (52) week probationary period. Mr. Vacchio has worked as a seasonal Laborer in the Highway Department since November 2019. According to the General Foreman and Assistant Foreman his performance has been exemplary. He has proven to be a valuable team player, a conscientious worker and has developed a good working relationship with his peers. His duties include, but are not limited to, performing manual labor tasks, snow plowing and hauling debris, gravel and waste material. Prior to his joining the Town, Mr. Vacchio was employed as an apprentice electrician for more than seven (7) years. In addition, Mr. Vacchio is an active volunteer firefighter who has been a member of the Town of Mamaroneck Fire Department since 2011. According to Fire Chief Joe Russo, in 2014 he was promoted to Lieutenant and in 2017 he was promoted to Captain, which is the rank he currently holds. ACTION REQUESTED: That the Town Board approve the appointment of Dean Vacchio as a Laborer in the Highway Department at an annual salary of$51,932, effective February 6, 2020. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER - ------------------ -------------- NADIA JESSICA ZAVAGLIA OLGA ZAVAGLIA, FRATER FAMILY.NY STVAGLIA, EDITH FRA 1 ER and FELICETTA VALL,ARIO, Index No. 57835/2018 ' i ed u Samuel D. Walker,JSC Plaintiffs, - against - 144 WEAVER STREET,LLC, MORANO LANDSCAPE GARDEN DESIGNS, LTD., MORANO LANDSCAPE CONTRACTORS,LLC, TOWN OF MAMARONECK, and THE BUILDING INSPECTOR FOR THE TOWN OF MAMARONECK, IN HIS/HER OFFICIAL- CAPACITY, Defendants. - ------------ SETTLEMENT STIPULATION AND ORDER This Settlement Stipulation and Order is made and entered into respectively set forth below by and among the followingon the dates parties: Nadia Jessica Zavaglia, Anthony Zavaglia, Olga Zavaglia, Frater Family Trust, Edith Frater, Fehcetta Vallario, 144 Weaver Street LLC, Morano Landscape Garden Designs LTD, Morano Landscape Contractors LLC, and the Town of P Mamaroneck and the Building Inspector of the Town of Mamaroneck. WI-IEREA,S, on or about May 9, 2018, Plaintiffs Nadia Jessica Zavaglia, Anthony Zavaglia, Olga Zavaglia, Frater Family Trust, Edith Frater and Felicett a Vallano (collectively, -1- "Plaintiffs") commenced an action against Defendant 144 Weaver Street LLC (the 'Weaver Defendant"), Defendants Moran o Landscape Garden Designs LTD and Morano Landscape Contractors LLC (collectively, with the Weaver Defendant, the "Private Defendants"), and Defendants Town of Mamaroneck and the Building Inspector of the Town of Mamaroneck Defenda Ma 15, 2018 (collectively, the "Town Defendants", and together with the Private on y Index Defendants, the "Defendants") in New York Supreme Court, Westchester County, No. 57835/2018 (the "Action");and WHEREAS, the Action was brought by Plaintiffs as a result of the alleged use of a parcel of real property located at 144 Weaver Street, Town of Mamaroneck, County of P Westchester, State of New York, which property is also known and designated on the tax of the Town of Mamaroneck as Section 4,Block, 2,Lot 1 (the "Property"), assessment ma p Private Defendants allegedly in violation of (a) the provisions of the Town Code of by the Pri the Town of Mamaroneck ("Town Code"), and (b) the terms and conditions of an Order of the New York State Supreme Court dated November 2, 1961 issued in the matter of Town of eck v. Ma Tecce and Augusto Ventura, (West. Cty. Index No. 4669/1958) (the "1961 Mamaron �3' Court Order") (A copy of the 1961 Court Order is annexed hereto as Exhibit 1); and WHEREAS, the Action was brought pursuant to New York Town Law § 268(2) and sought to enforce the Town Code by seeking relief enjoining and restraining the Private Defendants from certain alleged conduct,namely seeking relief enjoining and restraining the Defenda Private Defendants from (i) operating or permitting operation of any business or commercial use on the Property including a general nursery business, in the absence of a use variance, a had allegedly lost its legal nonconforming use status as a general because the Pro P rty -2- nursery business pursuant to Town Code §§ 240-67 and/or 240-68 and must now conform to the requirements of the R-7.5 Zoning District; (ii) operating or permitting operation of a commercial landscaping use on the Property because such operation allegedly violates the provisions of the 1961 Court Order; and/or (iii) further modifying or substantiallyaltering n g the Property, or permitting such modification or alteration, by the Private Defendants without Site Plan approval by the Town of Mamaroneck Planning Board pursuant to Town Code Chapter 177; and WHEREAS, the Action also sought to enjoin and abate alleged nuisances allegedly conducted and operated by the Private Defendants and allegedlyd condoned by the Town Defendants, as well as an alleged trespass by the Private Defendants on to thero located at 150 Weaver Street as a result of the location of a certain ston p PertY e wall; and WHEREAS, the Defendants disputed the Plaintiffs' claims and allegations in the Action, the Weaver Defendant asserted counterclaims against certain plaintiffs for nuisance and trespass, a counterclaim for certain declaratory relief and a counterclaim, in the e alternative, for relief from the court, as a matter of equity, reforming, modifying or amending the 1961 Court Order to the extent necessary to permit the operation of aeneral nursery sery business on the Property in light of modern standards, needs, developments or technology consistent with the original intent and purpose of the 1961 Court Order; and WHEREAS, the Plaintiffs in the Action have disputes with the Defendants regarding the interpretation, scope and application of the 1961 Court Order;and WHEREAS,in addition to this Action Plaintiffs Nadia Jessica Zavaglia and Anthony Zavaglia have filed an appeal to the Town of Mamaroneck Zoning Board seeking, fig, among -3- other things, to reverse and annul the determination of the Building Inspector, dated March 6, 2018, that certain permits were not required for work performed at the Property (the "Zavaglia ZB Appeal"); and WHEREAS, Plaintiffs Anthony and Nadia Jessica Zavaglia allege that they have been the owners of residential real property located at 156 Weaver Street in the Town of Mamaroneck, County of Westchester, State of New York,which property is also known and designated on the tax assessment map of the Town of Mamaroneck as Section 4, Block, 2, Lot 208 since 2003; and WHEREAS, plaintiff Olga Zavaglia was and is the owner of residential real property located at 150 Weaver Street in the Town of Mamaroneck, County of Westchester, State of New York, which property is also known and designated on the tax assessment map of the Town of Mamaroneck as Section 4, Block, 2, Lot 243, and has lived at 150 Weaver Street since approximately 1960; and WHEREAS, Plaintiff Frater Family Trust was and is the owner of residential real property located at 1 Nancy Lane in the Town of Mamaroneck, County of Westchester, State of New York,which property is also known and designated on the tax assessment map of the Town of Mamaroneck as Section 4,Block, 2,Lot 23;and WHEREAS, Plaintiff Edith Frater resides at 1 Nancy Lane and has resided there since 1964; and WHEREAS, Plaintiff Felicetta Vallario, is an owner of residential real property located at 9 Nancy Lane,in the Town of Mamaroneck, County of Westchester,State of New York,which property is also known and designated on the tax assessment map of the Town -4- of Mamaroneck as Section 4, Block, 2, Lot 325, and has lived at 9 Nancy Lane since approximately 1978; and WHEREAS, the Weaver Defendant is a limited liability company duly organized and existing under the laws of the State of New York, and was and is the owner of the Property Prh' pursuant to a Deed recorded in the Westchester County Clerk's Office, Division of Land Records at Control Number 571113588, on May 11, 2017; and WHEREAS, Defendant Town of Mamaroneck (the "Town") was and is, at all relevant times, a municipal corporation organized and existing under the laws of the State of New York located in the County of Westchester, having its principal address and offices located at 740 West Boston Post Road, Town of Mamaroneck, NY 10543; WHEREAS, Defendant Building Inspector of the Town of Mamaroneckthe `Buildin Inspector"), Mamaroneck ( g Ins p ), is and was, at all times relevant hereto, an appointed official of the Town responsible for enforcing the provisions of the Town Code relating to issuingpermits concerning the construction, alteration and/or removal of buildings and structures within the Town, including building permits, demolition permits and certificates of occupancy p cl' and the operation of said buildings and structures; and WHEREAS, the Property is located in the Town of Mamaroneck on the northwest corner of the intersection of Weaver Street and Palmer Avenue, in a Residential R-7.5 One- Family Residence District of the Town (the "R-7.5 District"), consists of approximately P y 0.98 acres and is more particularly described on the Town of Mamaroneck Tax Map as Parcel 4- 2-1 and in the aforementioned Deed; and -5- WHEREAS, the Plaintiffs and the Private Defendants have engaged in extensive settlement discussions, including mediation, and the Plaintiffs,Private Defendants and Town Defendants wish to voluntarily conclude, resolve and settle the above-captioned Action, the related Zavaglia ZB Appeal, and their related disputes. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and which consideration includes, without limitation, the mutual promises and covenants set forth herein and the full and complete settlement of the claims in the Action and Zavaglia ZB Appeal, the parties hereby agree as follows: 1. The Property shall not be used for any business purpose, except for the conduct and carrying on of a general nursery business, to purchase, acquire, sell, exchange, raise, propagate, cultivate or otherwise deal in plants, small trees, shrubs, humus, peat moss, to soil, fertilizer, seedlings and flowers from the plants cultivated and propagated on the P Pro erty, and generally to buy and sell all products usually sold in the conduct of a general P nursery business. a. As used herein, "small trees" shall mean trees of any size that can be moved by the JCB 407 Wheel Loader currently used on the Property,or its substantial equivalent. b. The storage, transfer or sale of mulch, topsoil or other similar products shall not be permitted in loose form or bulk quantities at or from the Property. Notwithstanding the foregoing sentence, and for sake of clarity, (i) the sale of mulch, topsoil or other similar products is expressly permitted in commercially -6- or factory sealed bags which bags shall be stored only in the area along the Palmer Avenue property line, and (ii) small sample piles of said products in loose form, no larger than one (1) cubic yard, shall be permitted on the Property for display purposes only, with any orders for sale of such products in loose or bulk form permitted (that is, the customer's order and payment may be taken) provided that the product for delivery to customers comes from another location. The sample piles of such products for display in loose form shall be covered at the close of business each day. Nothing herein shall limit the sale of such products in sealed bags as set forth above. c. Notwithstanding the foregoing, the storage, transfer or display for sale or sale of gravel and masonry products shall not be permitted. d. As used in this Paragraph 1, the term "storage" shall exclude temporary storage of products or material, including the products or material referenced in this Paragraph 1, for use on the Property, and nothing in this Paragraph 1 shall preclude the use of the products or material referenced in this Paragraph 1 on the Property. As used in this Paragraph 1, the term "transfer" shall mean the deposit of products at the Property for temporary storage (not including products that are for sale or for use on the Property) and subsequent relocation of such products off-site; for the sake of clarity, the prohibition against the "transfer" of mulch, topsoil or other similar products is intended to preclude use of the Property as an intermediate depot for such products that are not for sale or for use on the Property. -7- 2. No more than one (1) JCB 407 Wheel Loader, or its substantial equivalent (also referred to herein as the "machine"), may be used for the conduct and carrying on of the general nursery business on-site at the Property at any given time. A copy of the current specifications for the JCB 407 Wheel Loader is annexed hereto as Exhibit 3. When not in use the machine (and any temporary second machine as described below) shall be stored in the northeast quadrant of the Property along the Palmer Avenue property line in the area generally depicted on the site document annexed hereto as Exhibit 2 and will be screened to the greatest extent practicable with vegetation, solid fencing or any other reasonable manner. In the event that the machine breaks down and is temporarily unable to be used it may remain on the Property while it is being repaired, and another machine may temporarily be used on the Property until the inoperative machine is repaired and able to be used,provided that in no event shall there be two machines located on the Property for longer than fifteen (15) days except for good cause shown, such as, for example, an inability to obtain a part necessary to repair the machine. 3. The existing building and structures on the Property, the location of which is shown on the site document annexed hereto as Exhibit 2, are permitted to remain in their current location and may continue to be used in connection with a general nursery business, including the inside of the building, in their current manner and/or use. The renovation, repair or replacement of all or some of the existing buildings or structures or their conversion to residential use shall be done in conformity with the then applicable Building Code and zoning ordinance of the Town of Mamaroneck, and/or be constructed -8- pursuant to any variance obtained from the Zoning Board of Appeals of the Town of Mamaroneck. 4. No business or advertising signs shall be displayed on the Property except: a. one (1) exterior sign of substantially the same dimensions as the one now existing on the Property,which may be replaced from time to time in the same location or a location no closer to the street than the existing sign, subject to the requirements of the Code of the Town of Mamaroneck and approval by the Town, if required by the Town. Specifications for the existing sign are annexed hereto as Exhibit 4, and its approximate location is noted on the site document annexed hereto as Exhibit 2; and b. during the Christmas season, a second exterior sign, no larger than the aforementioned permanent exterior sign and no closer to the street line than the aforementioned permanent exterior sign, announcing the sale of Christmas trees, wreaths, and the usual Christmas decorations sold by a general nursery business. The term "Christmas Season" shall be defined as commencing with Thanksgiving Day and ending with New Year's Day. 5. Notwithstanding paragraph 4, and for the sake of clarity, the following exterior directional signs may also be displayed on the Property with the intent that in the case of an "entrance" sign it shall be visible by vehicular road traffic operating in both directions and shall not block the view of oncoming vehicles or pedestrians forerso p ns exiting 156 Weaver Street and/or 150 Weaver Street properties. The signs allowed by this paragraph are: (i) one (1) directional sign at the Weaver Street entrance and exit and (ii) one -9- (1) directional sign at the Palmer Avenue entrance and exit to the Property substantially of the same size and type as those now existing on the Property, which may be replaced from time to time in the same or approximate location, subject to the requirements of the Code of the Town of Mamaroneck and approval by the Town, if such approval is required. Specifications for the existing entrance directional sign is annexed hereto as Exhibit 5 and the location of the exterior directional signs are noted on the site document annexed hereto as Exhibit 2. Notwithstanding, the Town has the right to order any or all such signs to be removed if it determines that removal is in the interest of public safety. 6. No manufacturing and/or assembling items for sale in the wholesale or retail trade other than those specifically permitted in paragraph 1 above shall occur on the Property, except that during the Christmas Season the sale and display of Christmas trees, and the assembly and sale of artifacts and evergreen decorative pieces made of evergreens, holly and similar material, suitable for the Christmas trade, at both wholesale and retail, are permitted. Such Christmas trees and decorative pieces may be stored at any place upon the Property inside of the present perimeter fence now situated on the outer edge of the Property along Palmer and Weaver Avenues (see, Exhibit 2), and Christmas trees may be lined against both sides of such perimeter fence, provided that such trees do not extend over the sidewalk in a manner that would impede pedestrian use of the sidewalk. 7. No outdoor lighting shall be used on the Property, except outdoor lighting typical for a single-family residential property, or otherwise permitted by Town Code in a residential area, may be used (such as low wattage bulbs in fixtures above doorways or affixed to the building), provided such fixtures are shielded and are not directed toward -10- adjacent properties, and except that during the Christmas Season, exterior lights which conform with the applicable provisions of the Town Code regarding outdoor lighting may be used. Nothing herein contained, however, shall be construed to (i) limit or restrict the display of such Christmas and New Year decorations and lighting similar to decorations and lighting, interior and exterior, that may be commonly and customarily used by residents of the neighborhood, or (ii) require removal of any light or light pole that is not being used. The light fixtures currently located on the west facade of the building facing 150 Weaver Street shall be replaced with cut-off shielded fixtures typical of a single-family residential property so the light is directed downward and away from 150 Weaver Street to alleviate light trespass. 8. Trucks shall not be used in connection with the conduct of the general nursery business on the Property, except that up to two (2) landscaping or gardening trucks (medium duty) may be used for the conduct and carrying on of the general nursery business, and may be stored and parked on the Property. Such trucks used in connection with the conduct and carrying on of the general nursery business may be stored and parked in the existing parking area on the Property in the rear of the present building not less than 75 feet from Weaver Street and/or Palmer Avenue. Such trucks may use either existing driveway on the Property for purposes of ingress and egress. 9. Truck deliveries of nursery inventory to the Property shall be between 8:30AM and 3:30PM Monday through Friday and between 10:OOAM and 5:00PM on Saturday to the extent that the owner of the Property can regulate and control such deliveries. There shall be no Sunday deliveries. Limitations on deliveries shall not apply to -11- deliveries from Federal Express, United Parcel Service or the United States Postal Service or similar common carriers. No trucks commonly known as "18-wheelers" or 18 wheel "tractor-trailers" shall be permitted on the Property. 10. The storage on the Property of garbage and waste, including the dumpster, permitted herein shall not be located along the shared property boundary with 150 Weaver Street, and shall be located in the area along the Palmer Avenue property line as generally depicted on the site document that is annexed hereto as Exhibit 2 except that receptacles for garbage and recyclables collected by the Larchmont-Mamaroneck Joint Sanitation Commission, or other municipal agency as applicable at the time, (hereinafter referred to as the "Refuse Provider") may be stored in the current location as depicted on Exhibit 2 because the receptacles must be accessible by the Refuse Provider. 11. The parties acknowledge that the activities on the Property are subject to the noise limitations of Chapter 141 of the Town of Mamaroneck Code, including any amended version thereof or superseding code. 12. Hours of operation for the general nursery business shall be 8:00AM to 6:00PM. There shall be no outdoor business-related activity after 6:00PM except as permitted during the Christmas Season when extended hours of operation shall be permitted until 9:00PM. 13. For so long as the irrigation well located in the northwest portion of the Property, or any replacement thereof, exists on the Property, the well head shall be adequately screened from view of the property located at 150 Weaver Street, which screening shall be maintained at all times in good condition. -12- 14. Clear sight distance shall be maintained at the Weaver Street entrance to the Property and at the driveway for 150 Weaver Street and 156 Weaver Street properties on both sides of the property line between the Property and 150 Weaver Street and 156 Weaver Street properties. Installation or placement of objects on either side of such property line that would obstruct sight distance for vehicles and pedestrians entering and exiting the Property or 150 Weaver Street and 156 Weaver Street properties, and/or pedestrians travelling along the Weaver Street sidewalk shall be prohibited. A clear distance feet from the edge of Weaver Street abutting the P of five (5) properties is presumptively sufficient for this purpose. 15. Alvaro Alfonzo-Larrain, P.E. has developed a plan to mitigate stormwater run-off from the Property perceived P rty to the property at 1 Nancy Lane. A sketch of this plan which is annexed hereto as Exhibit 6, shall be implemented bytheW subject to approval and/or modification by the Town, if regwWeaver Defendant, red. The implementation of the plan is without prejudice to the right of the owners of 1 Nancy Lane to seek further resolution in the event that the plan does not reasonably alleviate theerceive runoff from the Pro e P d stormwater P rty, in which event, the Weaver Defendant and the owners of 1 Nancy Lane will engage in further discussions in a good faith effort to rectify any outstanding issue with all tights and remedies of the Weaver Defendant and the owners of reserved in all respects, including1 Nancy Lane the Weaver Defendant's right to dispute that there is any stormwater runoff flowing from the Property to 1 Nancy Lane. 16. The stone wall extending from the Property p rty on to the 150 Weaver Street property near the steps on the east side of the existing residence thereon will be relocated by -13- the Weaver Defendant at its sole cost and expense so that it does not encroach on the 150 property and is relocated on the Property at least one (1) foot from the Weaver Street P P property line between the Property and 150 Weaver Street property. The Weaver Defendant representatives will consult with Anthony Zavaglia, as authorized representative of Olga represen Zavaglia, the owner of 150 Weaver Street property, to coordinate the completion of this work at a time or times mutually agreed upon by such representatives. Anthony Zavaglia and Olga Zavaglia, as the owner of 150 Weaver Street property, acknowledge and agree that the g , relocation of the stone wall as specified in this paragraph 16 has been completed to their satisfaction and that the Weaver Defendant has fully and completely complied with its obligation under this paragraph 16 as of the date of execution of this Settlement Stipulation and Order. 17. The Action shall be deemed discontinued with prejudice with all parties beating their own legal fees and costs, and counsel for the parties to the Action shall sign and file additional stipulations,if any, to effectuate such discontinuance. Jessica Nadia Zavaglia and Anthony Zavaglia shall withdraw their Zavaglia ZB A eal with prejudice upon the execution of this Settlement Stipulation and Order PP favor the 19. The Plaintiffs and the Weaver Defendant, as owner of the Property, d equitable resolution of all future controversies, claims or disputes among them prompt anq arising out of, or relating to, this Settlement Stipulation and Order or any alleged non- compliance fiance therewith, and the reference in this paragraph to "parties" shall only mean Plaintiffs and the Weaver Defendant, and this paragraph expressly does not bind any other s includin the Town and the Building Inspector. The Plaintiffs and the Weaver pantie g -14- Defendant parties agree to negotiate their differences direct( and of no less than fifteen (15) days after receivingwritten t in good faith for a period ntten notice of the existence of a dispute, which notice shall specifically reference the invocation of dsara a Stipulation and Order. Such negotiations shall requireP � Ph of this Settlement that a principal representative of each pant with an interest in the dispute and with the authority to resolve i meet privately on at least one occasion (or more if necessary, and � in person and nothing herein precludes further discussions by phone or other means of communication) within said effort to negotiate a resolution of the dispute. Such meeting(s) 15-day period in an Pand related discussions shall be deemed confidential compromise negotiations and thea p roes agree that nothing communicated in the course of such meeting(s) or discussions shall be used any litigation. If the dispute is not resolved within fifteenby any Party in (15) days after written notification of the existence of a dispute, and after such meeting(s) and discussions Parkes are free to exercise all other legal and equitable have occurred, the rights and remedies that they may have subject to any other terms of this Settlement Stipulation and shall not preclude Plaintiffs or the Weaver Defendant Order. This provision from commencing an action or otherwise seeking enforcement from the relevant enforcement authority Mamaroneck, and shall not preclude Plaintiffs or the Weaver of the Town of Defendant from curing or ceasing any alleged violation or alleged breach without prejudice to their or otherwise that there was no violation or breach. Positron in litigation 20• Any notice, demand or other communication required herein shall be made by any party to the other in writing and delivered by overnight deliveryservice pre-paid thereon, addressed as follows: � Postage -15- If to Anthony and/or Nadia Jessica Zavaglia or Successor Owner of 156 Weaver Street: 156 Weaver Street Larchmont,New York 10538 If to Olga Zavaglia or Successor Owner of 150 Weaver Street: 150 Weaver Street Larchmont,New York 10538 If to Edith Frater/Frater Family Trust or Successor Owner of 1 Nancy Lane: 1 Nancy Lane Larchrnont,New York 10538 Attn: Catherine Frater If to Felicetta Vallerio or Successor Owner of 9 Nancy Lane: 9 Nancy Lane Larchmont,New York 10538 All the foregoing with a copy to: Keane &Beane,P.C. 445 Hamilton Avenue, Ste 1500 White Plains,New York 10601 Attn:Jennifer L. Gray, Esq. If to 144 Weaver Street LLC or Successor Owner of 144 Weaver Street 144 Weaver Street Larchmont,New York 10538 If to Morano Landscape GeD Designs Ltd and/or Morano Landscape Contractors 543 Halstead Avenue Mamaroneck,New York 10543 With a copy to: DelBello Donnellan Weingarten Wise &Wiederkehr LLP 1 North Lexington Ave White Plains,New York 10601 Attn: Steve R. Schoenfeld,Esq. and Janet J. Giris,Esq. notice and/or demand shall be deemed received on the next business day following the Such nota date the party provided the notice and/or demand to the overnight delivery service. Each party or its successor, including successors in ownership of the respective properties -16- discussed herein, may designate a different address to which any such demand, notice or other communication required herein may hereafter be sent, by notice to the other parties. 21. The parties agree that this Settlement Stipulation and Order constitutes the entire agreement between the parties and supersedes any and all prior negotiations, representations and agreements in such regard. There are no representations or promises, oral or written, not contained in Settlement Stipulation and Order upon which any party claims reliance except as expressly stated herein. 22. This Settlement Stipulation and Order, and all negotiations, statements, and proceedings in connection therewith are not, will not be argued to be, and will not be deemed to be a presumption, concession, or admission by any party of any fault, liability, or wrongdoing whatsoever. 23. The parties represent and warrants to each other that such party is competent to execute this Settlement Stipulation and Order and has the requisite power and authority to execute this Settlement Stipulation and Order. 24. The parties hereby acknowledge and warrant that prior to executing this Settlement Stipulation and Order they had the opportunity to fully discuss its meanie and g effect with their attorneys and that they fully understand its meaning and effect. In particular, the parties represent and warrant that they have full comprehension of the meaning of each of the provisions of this Settlement Stipulation and Order and that it has been entered into voluntarily. It is the intent of the parties that Settlement Stipulation and Order shall be construed to affect the purpose and intent of the parties without further litigation and any -17- rule of construction providing that ambiguity shall be construed against the draftsperson shall not apply against any party. 25. The "whereas" clause recitals set forth herein are only intended to provide context for this agreement and to define certain terms, and are not otherwise part of the binding terms and conditions of this Settlement Stipulation and Order. 26. In the event of any conflict or inconsistency between the notes on the site document annexed hereto as Exhibit 2 and the language of this Settlement Stipulation and Order, the language of this Settlement Stipulation and Order shall control and govern. 27. The terms of the 1961 Court Order applicable to the Property are hereby superseded and replaced by this Settlement Stipulation and Order and the 1961 Order is of no further effect. The 1961 Order is referenced herein to provide historical context to this Settlement Stipulation and Order. 28. The parties agree that for the purposes of this Settlement Stipulation and Order, facsimile or electronic signatures such as PDF copies shall be deemed originals and that this Settlement Stipulation and Order may be executed in counterparts. 29. The Plaintiffs and the Town Defendants acknowledge and agree that to the extent Morano Landscape Garden Designs LTD and Morano Landscape Contractors LLC (which were named as defendants in the Action, but are not owners of the Property) are not operators of the general nursery business on the Property such entities have no obligations under this Settlement Stipulation and Order except as expressly stated herein. 30. This Settlement Stipulation and Order, and the rights and obligations hereunder, shall be binding upon and inure to the benefit of the parties hereto and their -l 8- heirs, successors and assigns, including the current and future owner(s) of the Property and the current and future operator(s) of the general nursery business. For the sake of clarity, upon the sale or transfer of ownership of the Property by the owner (currently the Weaver Defendant), or upon the sale or transfer of ownership of the general nursery business operating on the Property, the seller or transferor of the Property and the general nursery business shall be relieved of any further rights and obligations under this Settlement Stipulation and Order, and such rights and obligations shall solely be binding upon and inure to the benefit of the next successor owner of the Property and next successor operator of the general nursery business. 31. If (a) a Weaver Defendant is charged by an official of the Town of Mamaroneck for violating the Mamaroneck Town Code, (b) the violations of which a Weaver Defendant is charged include a count alleging a violation of paragraphs 1, 2, 4, 6, 7, 8, 9, 10, 11 or 12 of this Settlement Stipulation and Order (or any combination thereof), and (c) a Weaver Defendant is convicted of that violation and such conviction becomes final and non-appealable, then in addition to any fine that may be imposed by the Court for such conviction, the convicted Weaver Defendant shall pay the sum of one thousand and no/100ths ($1,000.00) dollars to the Mamaroneck Tree Fund for each violation for which that defendant was convicted. If at the time of the conviction, the Mamaroneck Tree Fund does not exist, the payment shall be made to the National Arbor Day Foundation. If payment must be made to the National Arbor Day Foundation, proof of payment shall be supplied to the Town of Mamaroneck upon demand. To avoid controversy or confusion, -19- the provisions of paragraph 30 of the Settlement Agreement apply to the obligations imposed by this paragraph. 32. This Settlement Stipulation and Order shall have the force and effect of a Court Order and this Court shall retain jurisdiction over this Settlement Stipulation and Order for the purpose of enforcing its terms and conditions. In the event that an action or other proceeding is commenced to enforce the terms of this Settlement Stipulation and Order the party commencing such action or proceeding may not initially seek the remedy of contempt. If the Court determines, upon proper notice and opportunity to be heard, that a breach of one or more terms has occurred, or is occurring, then the breaching party shall be afforded a reasonable opportunity by the Court to cure the breach, cease the breaching conduct (if such cessation has not already occurred), or otherwise comply with the terms of Settlement Stipulation and Order pursuant to a schedule and terms determined by order of the Court. In the event the breaching party fails to comply with the terms of such a Court order, then such breaching party may be subject to the remedy of contempt or such other remedies as the Court deems appropriate and in accordance with applicable law. Notwithstanding any determination by the Court that one or more of the provisions of this Settlement Stipulation and Order has been breached, under no circumstances shall the remedy of contempt be available against the Town, the Building Inspector, or any other official or employee of the Town. 33. Upon this Settlement Stipulation and Order being executed by all the parties hereto and so ordered by the Court, the Defendants shall be deemed to have released and forever discharged the Plaintiffs, their parents, subsidiaries, affiliates, officers, directors, -20- owners, employees, agents, attorneys, heirs, executors, successors and assigns, both present and former (collectively, the "Plaintiff Releasees") from any and all manner of actions, causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever, asserted or unasserted, in law or in equity, which against the Plaintiff Releasees the Defendants ever had or now have, upon or by reason of any manner, cause, causes or thing whatsoever, including, without limitation, any presently existing claim whether or not presently suspected, contemplated or anticipated, or any claim concerning the use of the Property, from the beginning of the world to the date when this Settlement Stipulation and Order is executed by all the parties hereto and so ordered by the Court except for claims or obligations arising from or relating to this Settlement Stipulation and Order. 34. Upon this Settlement Stipulation and Order being executed by all the parties hereto and so ordered by the Court, the Plaintiffs shall be deemed to have released and forever discharged the Defendants, their parents, subsidiaries, affiliates, officers, directors, owners, employees, agents, attorneys, heirs, executors, successors and assigns, both present and former (collectively, the "Defendant Releasees") from any and all manner of actions, causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever, asserted or unasserted, in law or in equity, which against the Defendant Releasees the Plaintiffs ever had or now have, upon or by reason of any manner, cause, causes or thing whatsoever, including, without limitation, any presently existing claim whether or not presently suspected, contemplated or anticipated, or any claim concerning the use of the Property, from the beginning of the world to the date when this Settlement Stipulation and Order is executed by all the parties hereto and so ordered by the Court -21- except for claims or obligations arising from or relating to this Settlement Stipulation and Order. 35. The signing of this Settlement Stipulation and Order by counsel for the Town and the Building Inspector is subject to a resolution by the Town Board authorizing such signing by counsel thereby binding the Town to this Settlement Stipulation and Order. A copy of that Town Board resolution shall be annexed hereto as Exhibit 7. 36. The parties agree that their respective undersigned counsel are only signing in their capacity as counsel of record for the parties in the Action and that such counsel have no rights or obligation under this Settlement Stipulation and Order. Dated: White Plains,New York Dated: White Plains,New York January—, 2020 January_, 2020 KERNE & BEANE, P.C. DELBELLO DONNELLAN WEINGARTEN WISE & WIEDERKEHR,LLP By: By: Edward F. Beane Steven R. Schoenfeld Jennifer L. Gray Janet J. Giris Attorneys for Plaintiffs Attorneys for Defendants 144 445 Hamilton Avenue, Ste 1500 Weaver Street LLC,Morano White Plains, New York Landscape Garden Designs Ltd and (914) 946-4777 Morano Landscape Contractors LLC 1 North Lexington Avenue , White Plains,New York 10601 (914) 681-0200 -22- Dated: Rye, New York January_, 2020 MAKER, FRAGALE & DI COSTANZO,LLP By: William Maker,Jr. Attorneys for Defendants Town of Mamaroneck and the Building Inspector of the Town of Mamaroneck 350 Theodore Fremd Avenue Rye,New York (914) 925-1010 SO ORDERED ,J.S.C. -23- Nadia Jessica Zavaglia Anthony Zavaglia Olga Zavaglia Frater Family Trust By: Catherine Frater Edith Frater Felicetta Vallerio -24- 144 Weaver Street LLC, By: Andrea Morano-Sagliocco, Member and Authorized Representative Morano Landscape Contractors LLC By: Valerio Morano Sagliocco, Member and Authorized Representative Morano Landscape Garden Designs Ltd, By: Domenico Sagliocco, Authorized Representative -25- Town of Mamaroneck By: Richard Polcari,in his official capacity as Building Inspector of the Town of Mamaroneck -26- STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared Nadia Jessica Zavaglia, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHES FhR ) On the day of in the year 2020 before me, the undersigned, personally appeared Anthony Zavaglia, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement -27- STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared Olga Zavaglia, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared Catherine Frater, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement -28- STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned,personally appeared Edith Frater, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared Felicetta Vallerio, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement -29- STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared Andrea Morano-Sagliocco, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared Valerio Morano Sagliocco, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement -30- STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) SS.: On the day of in the year 2020 before me, the undersigned, personally appeared Domenico Sagliocco, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared Richard Polcari, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement -31- STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On the day of in the year 2020 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement -32- EXHIBIT 1 1961 COURT ORDER . . .. . 7....!...:.v............... ............4.............r...............*................................*....A.....rrpon....1.....-•:rwrorinfoTtrff...W1,1 b....qv...4"N . . . . .1 • 1 . 1 ..' . • , ... • •• ........' * " • • • • ••••••••••'..•.." 40. • • • .1.? 1 1, t . • • •• .‘ • ' . ••.... .• 4 . . ;t• ..., . ". . ••. •• f; : i • . .. . 8UPRN1E COURT Or Tat STATE Orr.IUGWYORS: • • • CiOTAM Or iinterciarb;tra • • •. •• • ,,,:,.,- , 1, - • , . , • ..._____.L.........._" " • -. • •_•-.:* •_:: : - ‘ •"•- ••" ' •,• , . ,,...,• .. •, . • ... .. .. . -----71.:-*__ '7.• "-•-• _r•......7....... • ',1- A k., • i . 3 . . " . ... -.. ... . TOWr'b.P:itAaliAll0P3clit,..•;• ••• •• A--, . • . .... • i ' • . • . •• . ..• - 7...Plaintiff •• •• • . • _,... : Y.L • .,. • ‘,. 1 I .• • Bs!n. • 1: .. • !•'• • - 3 i ," ' ••••sissedisit ...",::.1 AT TIOCCE and 40`0=0' ,1 ' . ,V3447TilRii., . . ;',L4, 4• • Well • • . • .1 1 . ' • . 1 •• • , .. .. . . . ." •. ' • . •' 1\41.4.A. . - ;:':(1 i • . • .. • 1,4;1)) • 1 . . - • 1 .. • . •-•• . ... . • • . ;•.1.' •'-' 1 .1 • • :. IXIBCI•g10 NAND'FIblDE9PAE. ' • • ' , :" • Pi 1 -• • • ',.- • • • • Tbiasniion having been Oi!ealineneed•by personal qfrvico? :,.. ',•i : •-`••,,.., • T . • tt. i • ,_ . of the summons and complaint on the defea.4•2814 Tenon on Aptir18. : fi 1 •• .._, . \ ..., 1958 pad by persbnal service of the stmunovisltid cOrepli.1234 on the 1 . . • •• . • t . ' • ..enikfla:uning.ii ji6eisping•Augneyi:ilte.detan;i:infilerivrthed,tan.de.ttartudngt14.susilveriliondi;n.,tiktio.otrtil.;titouilitifith:Dultio4.,clatainairitye sivaf:erenueihentrilogRi.asoirti,:eloi944155a9iiy:sfatvpo eirrafernioi:ose4tbuielfulecfp:stingbi.it,,bpciribeileiipertzii:of.io*igcoxrp,41..enxe:.0a,th.,.....i. ..........,.,i.i....,..41:t...1:,,.,:_.....,51.!...c.,..41. .,. .:•: • . 1 i •'•• . loining ilid restrafaing t4ie defeodants from using the prop:Imes eleanitpeci . ... 1 • . I • '. in tbe complaint sold vbibh are knovm as Block 402, Parcel 1 on.ibe Assess- •• ' meat Map of do'koirn,of Marnarobeok, frOp4 decUpyIng,.renting, leasing t?i• i t • t;',:i 1 i t t.4:2• , . •t 1ill ' of said bulld.ings erected on said premises foreny use tither than e dwelling • , .1 . arrenged, intended or dasitoed.,to be#siel es allakelliortor stlobre.tben PiNe• - 1. .i • . . ....,.... i 1 : • .by•Cllarici.daglierdi, 040,1411iirta :Bmj41;,..P.Olitiect hei'anryer'slleOg-• •.. .' •••=••. ' •- : •• • •••: • • i • .• . • . ••. . • •• , 11•!11."fiPara t4 and'?"Aitg.t'f'd4enrte that PIP*1!)...t"13;(4 licIPPii°41.1•? ..*.i..9.01n--: .. • ''...•-• • . -''• • ,. . : : , . were being Used.for*4 bnsineas at sallbig pl4ta, iin•iibllery, . . •••.• ,., . .., .• . .. flag stows,,pen molts inidat•ttb?iss tIbilliezn4.-,tpeerr vied:Cbristartas greisiie:. ...... .....-.;,. i. • ' • • ancitllet' 'mai it**was leartal 165 8as viazdtloals4•o1:ts•up to it;Iiii the..••t.•,-. ..-:. :,.\:.: . : .• '.• . ,• ..:.••.. ::-•••.. .•,:;'• • • . licimmencitmettit of this.siction; anti Wit.liet*OZOAWNetigin•pi1500pqnniii•lhe.. .•'::.•,,_r.. i i . •. . , ... - . . . . . •. . • 1 *.• • ..... ... • • . • 4 ' . •-•-• i :• • . , • A.. .• .. • •'• ••I1P4 • . • . ! • . , ,.. . • • . .. ..?•...... -i'.. 4 • . . - -. • •`PO . .• • ..i • . • • • .' .•. t•): it • . 4.4 . . . • . • :. ••' . • • . I •• •• .1 • •..•••• •• •• , .I' .., . • . . . • .S. •• ... ... 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" • '2311atasaso auurtePtID pua%MX'escatsrzq jo atss anti '49zcmsa7 'tros do; } jo ahs.ro;s am '..t.tasattu v io aausaapatwtu aq; :ma o} •saeod a►d•. eup'nq ! 1 . ;p¢9gttao•ao�;rat:tdtaoo asp tr[.pagraasap sasrt:).3d eta pardnapo pus paUMo i t•'" Arm:on:law mil all*;IV aptgs Pie 6661 'L•iogo130 Snogs so u0 Pu4UP ';v;I Pa g 1 adoad prig paatnbos sopa,/La-%;ivu, Z Ti.'p' k I i r w • . .x0�aaajt P at�B Pus xei4agp4ea�Jo� r- 1 ., ' '.,• . •• • eq,u soryvaod.zpp tempi p ear .per' • •t ,. 7 / ' •d. 1 `.1 . • LOU an SEL u oat* • ? • .:aKottd=ss aRF?oP EU*PUP.LMsiq iaop ! _ . :dui "�p �o'aao a �tod ,aqi Jo.3daa,uq.Too.x urre;.9srasq " I I, }ruo •':pttgfp tr toaaa,4 ItT,),qruspuuPp aqr.40/1210)P sts Paasadds iq 1 rr ie1$iillsm •jq•atuootar pie 'nveao.r,weji[Jo try 7 e d VI*4:4.dasaoi t as' g } • u • av * ( . 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That prior to the'4th day•of February, 1941, the < d r Zooing Ordinance of the Town of 3kaineroaeck; which bad been 4d1y ed on lune,21,.1982,-•permitted the use of the premises for "farming, trucki 'gardening, nurseries and greenhouise&' but th t the Ox diaatioe adopted y 'ori February 4, 1942.provided that the preimises.Might be•used fer . • ' y.� .r ; . farming, truck gardening, 3XBerJe end greenhouses except When carried on and conducted for commercial purposes, • • • 1. r ' 5. That the said.Ordinanes•s of.the Town cif Mamaroneck • 1 • • so enacted.were duly entered in the cnimites of the Town Board of said t • p t Town and thereafter'published and posted as required by the Town'Lew t • of the State of Neit•York. 9g ; t- X '-y 6. .T#at subsequent to February 4, 1942 the•bvude upon is j i the premises was enlarged by an addition to the front porch pursuant,to..•". ., t 1 a • a permit issued by the.Auilding lnspeotvr of the Town of Mamaroneck • • ; "11,4 on August 5;•1959. ,;i ; Q 1, 'that,the parties in this action through them attorneys • j • stipulated and agreed that-the Court enter a.decree providing as follows: • • i , f i:': i • (1) That the property, which is the subject of this action, ••:_ ! shall not be used, except for the conduct and carrying on of the general , € _ s f nursery business, to purchase, acquire, ell, excbnge, rase, propagate,••. ; s s f cultivate or otherwise deai.in plants, small trees, abrnbs, humus,•peat mos6, top coil. fertiliser, seedlings and tinware'fiopa the plants cultivated . t• and propagated on the premises and gepgrally to buy,and all produc�5 -c f ua snaily sold'in the cududt of a general nursery business, i • • ' (2) All buildings or struchi,res; otb.er thin tlie•main house, ' , 'toasting at the time of the decree,•if an r;-are to be removed,•ancj no ' • t• • ,. - n ilding:or structure is to be•placed upon the;manlike", except,in cots'fortuityfortuity :. E i • foity with the existing mining ordnance of the Mims.of blemsironeok,• • `. ! A. • i1 : 1. C..... .. TJ 1 1* .- - - 1-smffrAnarv....wirrrl,v1",,,,r11 0111,1.11,11.11‘7.,141,11414910.1111•1.,-,..40:14.4.., . I . . • • • ;• ,. .; •... • •••• •• • . .... . .. . ..,. ..... . •... . • • .. 4., . %.'. " • . ,. . . , • ' . ; .,, • . . . .. .••, I.: :. •• orb'rt0•863.1 of enr,"WiCa OikrOild*ern Ike:41110g bP11;4., 'I • ' . ' '.::::. • -4. . 1..-:Z• .. ' - . : (3) Aiihi no Sign aball'hd disphiYed mitt°piferaiStie eateept . • • .• •i • ..., . . . .• . ..., . . the owner may disphiran exter.tor ides;asi,eniiitie4.17 tiialoante as the 04 1 . ,• ..J. • r, 4, . • -.&• now*situated OD th'el#411.00? 0.7ich*171'1,4=0 ctoo$tinie.iii 1,441/1 • 4. , • . • . , • -,. •.. . - *14on to tie eteforibr sign iii7esentlysin i4ti');1*ntleP•••t!le o*ner may• - . ... . .• display Upon the premises dining the Christmas season cat py.ra. .tishin-: ''' . . - .•. .. .• • .,...... . . . ., . • •. . . • 7. s mencing.witisTbsolq4fiAng Day and Wilzig:7*Nes ltiaiDay,foO• a second . •-• .., . . .• , .. ., sign, no larger than the present pormanaitsigi now'spOn the*preniraea, •..., . • • .•:- I . .'•• ;''. $ and no closer to the skeet line thin the permanent 4,2, announcing the . . . 'i•,. 4 .•.- t• . 1 . .:C.. i i- • sale of Christmas trees, wreaths, and the usual Christmas decorations .• . • 4 • ^ sold by a general nursery boeinala. ' • .. . • . ,. , . • t • (4) ' bat izo sale or displati of any 123.ercba!dt,ise shall lie • . . . i . •,.. r •• ...••• - • • . - , „ . . . • •f . • made on the premises except the owner.rtyai,"disring such Christmas - •::. 1. ,... "--•'. • ; ;... . ••••• season .• •.. t. of any'year, sell and dieplay Christmas trees', and may ittnisFible ., ;•-••• i .,• • •,‘,.. 1 . • '.• 1 7 . - and sell artifacts and evergreens' decorative.plea made of.eiergriseass,.' !V,. ), •• . . • t • holly and similar material, emitable•for the'Christmas trade,both whole- sale and retail. iiisch.Christarks trees and decorative pieces maybe • .0. r • .1 . • .. I stored at any place upon•the preroises inside of the present welt ratil : !..'••, -I . . .• 4 . I fence now situated on the premiaes, mod Oirbitmas trii!.s Mai be lined . . :!; ' --.,• . ... . • ' k,: ii ,. against both'aides of the fesi provided that•siuti tries.do 110t ecteid.. • ., ' ''.,'-';: k 1 1, . • — li • .., . beyond the sidewalh. .1 :-. , ":•: ..., •••••., ; ' ;:',.''', . • : ..• • .:i,. • . • . . . (5):itiatt sic tip*loor lighileg fiperntitted;ediiiigai-;iiiiiiiiii • ....1.• .7- .1 -• • . -... .:, . • • • if.,••....:;0••• . ; •,.;'• ! '•• .. SoeliFistruki eisisisirn)iss,adivii.dasOribed, aid all exterior lightp-itha11 ." - . . I •(• . .. lie • • !...; . • -..• •,.. t iXinfOiliZ"lit't4e IiiVilsk;Ps.iif•the#6.1110taliti.iiice. 11A-Er.0,Iiibi$1)4.-.. •I •. • . • • - • •• t '•n Ord To . wirance. .. I. ., . . .. ' • . •• .... . . . . (0) Iliiii*e owile'r:-M*11 be 1;b3gted ti the Irt 4.tiii).±r,610; •,•% :,-1 . • ‘ . 1. . . ... • . . •. . . ... i ... .. neither one of'0,144 r03'4e iftrSer-pliii.ith#5. aasiinisd:4 a tioitontiuc,k;... .-. Thetrnr.ts may bjstrted and lifird upon the Vtitim•Abei"121the'it.tak'4 ili•' 1 . _ -' •••.. • ,, ' ' - F.....:•.::. . . .J' 0 • ..-.•• . . • . . ',. • . • • . .. •-• ' •'" • - - .1.• . . . ;. § .. . .. • . 1 • . . .. ' . . ; . . . .. . , . . i '.'....".:" •••• d i . . . ... . .- ....4.. . • — :•4 . . : . . • . • •• • ...- 1.1 . . . . . . . ..„. . . ..... .. . . ••• . t.s. . . . .. • . . • ..." . ••••• . . ,2. . ....• • . . , . ,. • . • ,.• • • . ... .... .. .. ._..... ....:.:...-1: • } • .. . • . •.1 I i. L .. - • • 1 .gal s ydaosa•:'e1iv aol nvte N! taox�'is) . iiiti i'l 'f po u/Aoy'a P 1.1tlioddv Yo ' 1 _ • ,p xsoQ ilR UO'L,•aqX cao.. p g° Atm lo uosaoit&• q so>('aattgxaaxvy¢`` _', .f ..31,12e&04/.sin F AQ O 2 !L' !Pc?aq*la.64pou -'ax#daaxe • .� • x axaiatix�v xo f 'BaAepta•6� t?evadmuq;to agnot{meta at tater ag3p ..a. •• •• • 11.,07Fit4 Ai W •Bit{�'uod•n81nfineala•.i0�'iltiwetd'�O '(L)• . . { ,. - •..**F nnq.a.ta® .zwi ayi$•it El.tentittoo sq}'ui kola.i„iT' a a*npoxdAre ri 7 " . :,pt.n tiq.d4 Atp.rateapptlitsittirrerisad sgi!'co paiviedbxd pail p8ivdplaa walla i 'Y , atg•ifO:r3.n.xamoTT• pus.Jip°q 'salgow.ai ! op do; 'agoat•dead 'sn>r u ' le d.r:. .e��"Ieae.s ljMtae.' * td cif ta?P o$rrns't;}to.ap a;ew1it�,'a1.8adoad . •. • ;;z 'ds ta!t Amy 's;ZTnbas *esirgJJttd o} 'AAatrtitq L1 B1ua tstaua1. ., 'err • • aqi.io tsa•Nuirtsaiao Jima iaapdoa eq}'sem idem avodmd esatsisnq Sue xo= ji . , a C•k- . •=now s}y}xo.saasgns•ag3•vi R {M d},svdosd atg at:n awxg (U.s }:' c "aoaa�Ltaisi it?PaoiaP eq}Patti x7eax putt BuFaioCua i.s• iw0 i i°;uava8ptti so .7 i oa.taap v of Patf3ua f4.3[da io flan/i} u[d.@q4•;e4.L ' � • •"MVZ Lo S&O'IStm.two' . . • • • t 7 -., � '0OOq ti a u mossy;Aq•a nab peotp Oi 2a(itai6 SIEPEOTI •} ' xo.wpim a toovp itE8'48.i.ig3 gang Nuptindesp i o i4 iUPe atti; .q9 x •,7; c, • of.aaxaap aqi'30-saol'inm$d VIM r kn.cg P?Paalu lir iI- 'paiia9AaF ' 1.". "9 all IC qe.BUUe i10 dit'vbi'SO.Jd saw„atee�t.aa- ttg.'gdiu8a.sed S qi tsi, } . • '' ' . aii;fav iasodand atg:ic% •pa Fp1 eg d 'good*uo gtasa.id.at�,L 'aeoge lib►i RdszliwAad oci pagixasoP as tvtvg3. po Nup3404e pav 'Btgtaaaeu 'rem '.' a8ustsa 'Aa1darP.aoExa ui i!"...24 voeuse n qJ. P'4 od tam • • ' . I t , • • 'iiiif m Vavu.tp of nomp$ir-uf ' rd,isugi iu cdv'•Ptiv 'tr ans • ' . ;.WWUtdPf41104P (t U1 3^PF•£ O.s0 sia®ia 0a) •- • . . • 1 .j T. L .... 4' • itd4Ina•W Pow a4 it i Aasodaqle11L' (e • . • •• • . 1 ; .' ..aqi imo Ancrimiad 6,r.M8ei.v x8t oon Aims aauYo at#y ;antaa4.y,481 . °: ti :.'•. • tvao�'Ptitt rale-,sawn mv�3yi�i 9b u.151 ''*Aition4a,.tttvae td ' =L\CA,/`1.1VfTrPPn.4`W.I...P.ryq+.Cw{6tY.,.... 1......„.-inv.y.- iiYMi-� _ _—_-_ �.w . .-... �....-...�.._.:„_....w, .vim . . ...•••••,...........,,,......4r,n7nrn.m...t.t.t.tan•-••r.: 1....vv-...,..-"1-4=220.,,,r,”7.:074,$.74GC1..2e..H..:04/62.ttnte..ittirr...”41M,:•41111*.bgeylor1.6..mb!1 . • , •... .. .;. ,.. . . . .• . . • . . r ',,- --- — • . 40 . .. s . %Ili • .• ... . : •;•,..:.,.. I c _ • . .. • • -' . . :,1.. • •,, ...., .. ..,..„, - • ..'•:. , 31 . . i '• . . • xtgally the mama en the one prehently situated on the pramineal-791nca r ; • , ,..... . • .:,;•4.• i nifty bareplatiett from time to tithe; and In idoddlon, an.exterior sign•• • ..• •:•-:•_ . 1. ;. . . ...during the Chriainian•nenssan commencing With Thanl,isgiving Pay'and ' .. . • •:..-. I ' • ' • ,.....:,7 o;. . . :, 1 i ending asitivNey Year's!tay;no larger then the piens/Eke/0 now Ryon • - •,.-i.' •2 i 7 • ., . , . the premises'alit no eloper to'.the street line than the gallant peiirttumirt ... . • •, .,. , .::. i . .,...-: . . • sign, announcing the sale of obrishnan treei, wreolitii,.and the no;ual. • . ••.2 1 . ... I . . , • . .... Christmis decorations sold by a genernihurecty f.iifin5sia. ... I. .. .., _.• , • -1 .. . ...• (4) From MeMoaaturing lane nasemblins'i for nule'iteMs for . .. ;•-; i -i • ,..• .„, sale in,the aboinsele.v retail trade nth*Ilan ithisespe(d.flaidy.excepted „ I I ' 5 .111 PallatT,Ph.(I)!g136VIIP 1041 the tU1111Er 11Z?eitiah.4t Ile.SIIIII#;*r.! • t ' • i . . . • . : . , , (bring such Chriatinan aleitison nr any yearehell and display abilidithas.. . ' i •. • trona, and Mai annizable end:sell artifactsand evergreen decorative . •., _i, • • •---'4 1 I ::. • • ....''' ' . • . . .. .. •• •. • • ' pieces made evergreens,.holly end pinsilar materiel; sintiable int the •.r. ,... . .. ,. ...; . • '. Qhrishruis trade, both wholesale gurd retail. Such Christinas trees and. . . ,,, N I decorative,pieces maybe stored at any place upon the premises Inside '. !,•-• 1 ., -.... , . 1. . . • ,G or the present split rail fence now situated or the.PremIles, end Christi:nu fi • . , I trees/may be lined agLinnt both sides of the fence, prodded that nuCh trees •• ... -I I • ztf. : . . . , . i P ' 'i do not extend beyond the sidewaP4 . " . , #-•-.• h; • ' (5)'Prom using any outdoor lighting,'ostipept"that.citti-ing We ' • ';.1 4 i .,f.. . . . , . ..... y). k -.... Chrishnin pennon rooininr.ncing With Thanksgiving Day end;adding with New ? -.: l'O..,•ii ; Yeirle Day the defendant may Use ninth elderior lighte as Sink.cantor*. . '• ..•.... ,.; 1 ! . ; ,,. • with the provie$orf Of lbs Town Prdiaance in regard tO:oubloiokorf;lighting; ' ' .•''•:',.;.; ' i •,-.• ';. ' . :: • . , .• • 'o:::•••• • • ' • • , •I lorothing.berein ccintalueod;•hoWever. alma,bs 4.13s-tilled ii6*Pit or i4besiiktrt . ' . .• . . .. • .. . . .... t •• I th c owner froni displaying oviell01itnilia.1124'i"F Yent:Onc.cnikticass..anot• * '..-.,'-' . 1• Lighting as may be sinsilar to dectorationa and lighting;tp;terior.aid.-en- • ••-• „ . . 1C;;;•cnosirnoblYT/uoed by the ZWettlentis of tin iMighborinxid.' : ' • . • •• . 1'1 '. .• .; i. .. ., .. • ' ' • ' (6) rin*.nnininnitin04n in nntonentinn w*the athSchnit• ; of the'nursery business permitted by this datiree, Althea that two,(2) ' ‘.. ...... !.-.7. •h ., • • 4 . '. .: . .• ,. . . . . . .• . • . . . - . : • .- ..... 6. . ,--.- ,• i •• • • . . : . .. S . • • • • -' cl i '• 4•.; ; • ' . i . . ;-- : .• • ' .• • ;A, is . . • r;?; . -.• • . : - . • l; , '''• •1. . li . . . , . • • • • -: . • • • % ..•. i,• i: • • : .•-• •7;*.r. ''• " .... • . _. . . •••• • • . t r 6.7......;.,,,,Cy,-n1Tyr A.,c,r',..,1',,,,,..•-•.•--.,-....v....War-re...ye-......•••••••••••rewtalran,rws-7,-sa....••tra,-......m•-•-r•-n-r7.••--tot...t.c.cer,-,7••••••••••7.......tok-rs•Mr% . • : I ,._ • . . .., .t.. I i . 1. . ,..•,• ... .. 1.; .. i .. ..A...,,;.A ' • • 1 • •". .. • • • • • ' .. • .i.I 1 . . . I _ . .. • • • .., .trucks, neither bpi'tri;whiCiiMay ki-likrgar than*ht id plaitaitital aa -. .• ••••' •F7.; 1 ; , . .• . ... •, • • `t i . ' a two-ton truck may:be.used, atared:and Rai*iptaiiiitt jprenitiFs:in. '.' ..'.. .. t.. ... • . ---. . . • .• .• • . : : the reit!'la the present lieructurg•iot Iasi than 15 f, eat.from Welnier. •1 . • • • , . • • ' . .' Y. 1 . -. streit,ia,iiik froni•Pahner Avettoe. 71'o:riga ilOpose'pf.inir.ee and egress :lr I 1 I • •• i:i.-. I I . . . ... *. •• . -of cacti trucks the owner may use ofther;Orbitortepresentiy anus:tad on , tli i . • •, • , the prang:8as. ' . .. . .• ., • ?;-": .,... . . • ''''',0 1 - . • • '• • (I) 11'zedii usingthe present front fior.4.'4520;:eric for.resist:-• •• , '' ',0. .• . . 1 • • : • ' • '•- / 1 deotial osee and or the display id pp*?tante, plapte, and i'latm,. • • • •, . , ' sew/title; and spring-flower tgentei kW daritti'41e difilOidske se.aiion . • . • z'i'' , . . • • • , .. • i'' - , . , • , . • - -eotarnancing with 1'hanItegtring Day and endi*C.Wittt New *r for Di,Y ' ' - r;•,t•• , 1 - ,. . . ., • . or the interior dtsplftiarrinermeni. aSkir•f•W flid•iilita l'illig'a/Vie •• ;ri,:7 , 1,1' • erchandise as destribed in lia .iettre4elmlikrerca4. 'it;, 94g4i - m ••••.....:' 44'•.' . ...114 no sign '' , . . , . Or other.advartiaer4attshalA be neeiti•in Connebilon with auch display.and• ', , ,.: no"for 6,16'.'.signor COMO?ra•CiO1 sign 4101 tie installed or mite. d.. . • . 74f• Dated: p 4 fotow.4.44., ,t . 1961, . ... . . , . . . . . 1 f •; i i i 1 • - • i) i i . • •. • . ' • • ti • . ... . .. -.....—..• , • • . •It- t . , 31,st:=a 3-apt-en:lc I- I..ire-,Low cem co.:04 RP r cc Ws•r<SEILA roSITIO,,tin, -'. ••••:'31...0. :t•-•*CV f•3'air/ 1 asincstiviroosoccse • _ i 'AVM 9•V!CF, ''' PO Of.7 11113eil Y.ArtoraC • •• 1 1 t.•4 • it . w•'.7":03:r6f3a2aXioatiArstom to wi Ili ao prnestaixnus.Lox. ; . • . .• . . P.t.) i• . .- .. •• s.. t • ; • • : l2;_,•)Li_ap. .. .. "5. f,A2 . ...., . .: ., kt 7 1 1 011770,774.ir IldiM14101~77304410101.‘40.1,XtrAttl.7•1% •• • • tarpt . • • ,• •.• •.' :1-,:i I 1 1 i • 1 . •. . . , . • • . . i '..r . . . . . • •..., i • • . • 1 • - •••• -i . ,• • • -.• :: . . . .. . .:. . 1 . • • .. .-• .' . .. ., . •• - •••••4,•• •.:' 1 . . • i . • • • ' . . , . ...• .. -,.' 3 li •r... .. ' • . V• : . i .• • • . • - • • • • • -• *: ... .' i.l.'i .... .... • • : . ,i.z.l. D I " ' •• . , • ;:. = i . • • -••' ' :i. S . • . • . • ... • • • % . . ..F."" . • • r• ! .!1.• I.. . , 4.•.s...2 i';i1:1 1 - . •I .. 3 I . • . . ... , . . . I .• , . .•.• .-•. r_ ,.• .. " • .• • " ,. , . .• ... . 1 . , ,•• ' , 1; s i . . . , • • . . .. . , I.t 3. • , . ., . . . •••• I. • .• • • . . . .•.••• 7 ,..•.... -' •••*. • ,,,'„•.. .1 • . • ''. . •!.... :.;. . ! . • . „. . .. a • . - • .. .... . Fr . l• 1 . . • . 1. •., .. . • • ... . , • • . •: t-' . . • • ' ! t . • - . . . .• . . • • -:-.•:- • ., . . •.I • • ',. •.. g 4 . • . . • • . . . • • . . . : •,, *.%- .: . . . . . . . , . ... . . . . . .1 .•• .. ••• . . . . r • ,, . • 1:. • •7 •:. • .•••- • 71 . • ""• • • • . . .'• . , ' -. .-,,:,. :.,, • • EXHIBIT 2 SITE DOCUMENT Protect: M.J.McGaroy EXHIBIT 2 TO SETTLEMENT STIPULATION AND ORDER P.E.,P.0 144 WEAVER STREET, LARCHMONT NY 10538 CEI""UL'SV"ENG " TOOK I1710 tlMe/JOw MISTWITTITTESOWN .�wTWtlltear LNRRIM NRYNM�It OIAMAI/,M iii 1 HISAiE AflOPTIT NEWYORR tTATClDtRwTCNLAWPdI ANY FERTICN.UNLESS ACIRq IAO[N TM .ro T. " t OIIIFCTTd QAUCENtEp ' , ,�` ANY ITEId 3 DRAWND AMOK .f ` ` ✓° .r RlL,7WDSPECIRCATON.ALL / •.�- �',. ' ALITRATIONS MUST SE WOE PI COMPLIANCE WTI TIT NEW YORK 7 STATE EDUCATION LAW.THE ISO ti�lb. PAORESSIONLL Pone R MAIDS[]FI ,(' IA—1.... ___ APPEARS KREDI Millet NO f .. - ,.r+.a..+ RE]POMSISIIITY POE ANY tIICN d .. ALTERARON OR RELSE W TNDR NIS Ti 4P"5'00 EC. 230.2 ' CONSENT IP F ,tomj' R�� ...It -- R eM a ''' ' '.0-.�`ati'ae.1r$ �: �`�111,1 8r �t� ' _rti'{''J��r,ti i:r 1417r:i ill . 1 rF.i.�lx fitly •1 w �/ M � kf+ A r`... o.. r� �Tr 41. E• e 1 O LARCHMONT GIS MAP M f II .17—:::•...,m r' '•.'®et Ya SEA • w Ile: 11::: EXHIBIT 2 TO SETTLEMENT PROPERTY INFORMATION ':�:�IlllyT�� STIPULATION AND ORDER WORM OF PROJECT:IM WEAVER STREET,LARCHMONT NY ITEM to +:t.• QAVAGLIA R AL V. �`*wy,'' `i' 141 WEAVERSINO1.I LLC UST OF DRAWINGS, W •., i •�- � : IAA IR.e.a Sb. '111•;:' 00 ET AL + • 42671.5 ETF ' € I m 3 War Wm NT SUP.Ct.WESTCMEIRR RN.t . J 114F '�,�].:u INo No.57835/2018) W TITLE SIA2r.IRY164D FTS WAN TOUT OF CONCOCTS 3 r+ r DoT NOTES: • Il I Map.rE.w..Howl.mN,...ra P a„�Ar�e.wRa I wroww,.,mae..�. ..A.Kaanwpm e..r I.tiiir:Al I 2 WNWT et TWAT a AR.w.INoorte WE Fe or*cab*el.*W.W.I eta I I 1 � ...b1 Aa.pNyY.aJ 1naxn REVISION r..pNd.for'NWT ul nneYNS cellah H.l.rtee.ttrena1IEr, Sarb..CC�aiu araw.spl / f ! z p@FT WOWS REVISION or .>�I',4 I TD.NI. FINAL SUNttpN A,w.a.10041.M RA.A11 Town..WNW H.to'TlehtPard Pardee) OTT ft wool l..T..Nose M • / e '•�,i' REVISIONS 11. TNT hemo d.pc.vn TN 1-OWN m 6rNpa n�add bdy bean dopwnim pwe�imd Wyman Tb.A.Eiwi. / f M'F.-FM•oo' AJ4111 TITLE SHEET,LAYOUT PLAN NA Wt.x�.[NI of II m oeNm Y'' 'I AND LIST OF CONDITIONS / �= I P.aq..Pad by UN Noe orTon*rot weewl..l.a not la Aix.b rotor IN mener w eft*elm '+'.rte::,, :V-,• I• +.,� PI.I.a:aotwr TD serneeENr / . ,.+ sTMIRAR I4AM ORmI All a...e.ilam.lm.btl Y d.I.p.ad a.vn>awenh aged w.e.ide.vi rwa. • \. AMnw IM 1AlAVEII STREET. A F.e.w....An*kb a•ae.p.•dpawl ma r•owo a knc*meo-a VIII H mre.oel.e”..,t,hew.t. — e.e.s..� bs..e..mu+. `.... r.ws.w.....w w v,�, IAIICIRli01/T N it�'' i afailevil_ ;Y if bt,{Jbr �.?t`i.� I /VA MA..ts.' Gri �-� -:FETTO rT a+a-'-le.TIT �,c EET .Ls111 -w/�Ais;a. I T. Yl.fertldb as law,ad.Mnl.o..baa.3s�ae,.:emm.ahieme.wwa,e.mnw,a,.�rm NTH 4061.0 am -��I FCS rE"�+i♦V`JiV'sl" K""926 4 Awa wy im IAT r pp.rdu.PON*lip.(a pe.<l.b,pada eeac.e..b.tt m.a.hc d..A ` 48'15'00' E•en m 224.45' C.v.. TT] Aowdlm LlTM.lealw,or e.deaer...* 'ta.Fep.Ld eaa Pm.Y In awFxwpsw ,.....en,De It a werew Nor wha..ppw.d b.Wader Wow.or W good.a..Mw CO NOT SCALE I.UMANOS 9 TrdMliaa.ep.iWbaa.ut.b.wblTapmMeednlreylPril..adloapw0'0Mm5.YO4.,, i��c A^'w'.,^A-b PALMER AVENUE OAP*UA.,. Mont To Sr owner of the Pnpm,e+n,.FJ.m.M mnwlw.dd.bee.ie.mod aeh.d,F.d..1F p...lhrtfM1vl d.�• rowels —. --J bub AS NOTED ,wenn D..re t.LL 1w_.A le.l.a—Peml Wow rod.mdw.n.r. a N.Lt+r+..a T.*wow wilco e..a P..mr w oe.. r1LAYOLIT PLAN Owl.IN 1410 �VJ"UI'� T-1.0 SHEET: , of 1 J 1 EXHIBIT 3 JCB WHEELLOADER 407 SPECIFICATIONS yr r } µ4 , • y R f r ? •, Z.,...4 .,i",, ,* . ..•r'''.::.:,..i.... ," iI 9 n i ti Q ,•%. C°G „.'" _ fxy� y`. -fir R \ . 4'^ »• >I / rA`.+ '.,�+•L --,r„,..,0‘ 3,;,d -^ . _:¢ - 4.414 3,. !.'�i�+y r!Y. or :vd�' v 1 ij�� ,a' 3f• - fir %i- *11101° S - I Ni -t:i}„,, ,.,, 43.< . ,. - / t • ;aT .. e it .4.140,r, .rte' 1•'• AN- ww vi� .+t y. d .. - •XfFll�.'+M�? . _ .- :.� }. a .ityR 4 �� ,w wu.� "`' .ir't -'+ a+•r • y. yak w, r; w+ t r *-T ' p-• 4. +yr• % , *, ,� . '" ^t x ; � T r: i* .yi s :r . M . , WHEEL, LOADER 1 407/449 .;x, , Max.engine-power:64 hp(48 ON)/74 hp(54.5 kVA Max,operating weight: I I,486 lb(5,210 kg)/13,296 lb(6,03 I kg) • �!. v ;�• i`i .:i�� -i:^ ,,. 'a,, ._ ♦} a'--r M; : d. i„ � 'YV. z7. .44,i' ,* 4;`-'4'; :S izM° !, �: I. '.I 7',.1':',..„' .;i 2l, A , r'It.y Y • +o, ;:-:/t.74:".77' ••' .f ,, cY .k4.;Ili, �"s(.: :,r;�! ,' ^rt 'p i 'ei a. -'.4'4T k ,,-;1 i'''‘.-;' ''w a ^`.5—dv el L A< .'v `..t o .i " - w .;:- k '`d .aV • ,i,y bo is F . :". @ .�.ifi'„�.,s,.S,'�:."!i"M;7^>lt.'' ,..� .3 •�` .. ., ti'. Egrripprd wills hydrootatic drivo.JCR 407 and 409 whrel PRODUCTIVE loaders aro racy to operate inc: very fuel i•lliriont. THE JCB 407 AND 409 ARE HIGHLY PRODUCTIVE WHEEL ,„ LOADERS WITH OPTIMAL POWER-TO-WEIGHT RATIOS, MAKING THEM PERFECT TOOL CARRIERS AND MULTI- PURPOSE FARM UTILITY MACHINES. �„0�� i _ .. ? y 4AA. i er JCB Diesel by Kohler. '` m lliJCB Diesel by Kohler engines in the JCB o '" '.sts 407 and 409 wheel loaders are rated to 64 hp - '•• — (48 kW )and 74 hp(55 kW)respectively,and 4.'`• _ represent the ultimate in compact wheel loader efficiency.With a sealed-for-life selective catalytic t reductions SCR)system,and no replaceable diesel particulate fitter(DPF),no engine power 4‘ . . or time is wasted on regeneration. +,• `' - JCB 407 and 409 wheel loaders produce h ...1:-',,--- - peak power and torque at low revs,and are �� : 4 '� equipped with a variable speed,crank-driven ..,. ' , 4, �`4—' -+�� t`11` i err' cooling fans,for maximum fuel efficiency. ..• ,K r i t Ys., 7. JCB 407 and 409 wheel loaders are ,_r 1 ' available with a high speed option,which ,w a'. = .> -..; delivers top speeds of 22 mph(35 km/h)in = the 407 and 25 mph(40 km/h)in the 409. - .xi " rtq, • (,.;,.,,,.,:,4,;;;'$,..„ vx e` iur �}i•�Fl i .., J, e:� -... t^.n^-�,!ao--'+-�s•+-..._.�.•^,._.. - ti _ ,• -. '''...1.•..;;-..•:4`...,_.' An available High-Oow hydraulics �' i � "-' circuit provides enhance versatility and compatibility with a wide range S - .fi of attachments. 1 Moving with the times. ist• p t f 7 The articulated steering system features an - x kiH.4 r: ' ',• ,0 r . A,, easy-to-use side-shift functionality for easier ,+ '-a. ' 1114;.y attachment changes and material handling. 4,, ,'.r " z s z,:•7:. 7-7 Several axle options are available.Open e ; . r '_ 's differentials are best suited to hard ground applications:limited-slip differentials excel on ,1 R N` y-s , t soft,muddy terrain, • y; ,,._.,F �f`" - T.,.3►r ti ,, , 44'• • • A switchable front axle differential lock provides I :�r. 1 1 • i ` : ., ,K t, , • improved traction on muddy terrain yet createsi .: + �' no shear forces,so it will not damage the ground �!• '�, A =.,w• ,, when not in use.The front axle lock can also be ""1. ' engaged on the move and under load. pIYY►nsi._ h . . Power is efficiently transferred to the wheels .1.:,."C;'' ,., - • via an innovative chassis that is optimized for "` even weight distribution. • , ,. . Versatility by the bucketload. ' ' • 7 • With an available towing option,including a ' , hitch with rear electrics and hydraulics,JCB 407 ` .. - • �' and 409 wheel loaders are capable of towing un to 7,700 Ib(3.5 t). '� .' r T. An inching-pedal allows precise,efficient, c �.. stepless load handling by splitting power ,". '„" C_ -". is 1 between the transmission and the hydraulics. .'t''s ' 'rte' '' 0 r: rt "if. 1. P i,�P kyr `.t. . 3�t gyp,, " k„ • p tw 1,,tr. :.ice . ' > ? 1 l I l°' ^Fl Yr`4. +f"te'.4N-.4 4 °, �'1.'44."4"' Ir S; JCB 407 and 409 whorl loaders foonrvr T lind•-quality rnyino and drivolino .. .. ._ . . QUALITY, AND DURABILITY components from suppler•including DANA and Bosch. JCB 407 AND 409 WHEEL LOADERS ARE BUILT .A TOUGH, FROM HIGH-QUALITY COMPONENTS, Mif +. FOR RELIABILITY YOU CAN COUNT ON FROM - •ii;. ; SUN UP TO SUN DOWN. '. r , w , ,,,,, , • . .. lsoiso . .., s0e y ,,, , ___ il.'° „fm''' �1� 111 * 3_ ...... .,.. /et t4 ,r s.a"`� t? - +•�v`'r . .v q .. w Built to last. e .'.-..WW1 ob� a � +�. F` Materials handling around the farm can r ,i M oo` � r .� t', s..' be hard on equipment.JCB wheel loaders ::,,,,K*, 1 + are built tough to handle even the most y.X j ,,•r'` �'•i _. arduous conditions. '"'".”�- _.. . 'o", Hn.. The chassis in a JCB compact wheel loader d Ra 1, •t_ , is optimized for even weight distribution and f1 x ' F r t., r. absorption of external forces. ' w •,o,„„,,,, t t. 1 +., r f . ° 4. f •• aa '+ . ^ „ y * Q T.i y,'r� ^t,7"l'4 +�,�.•• . Y -. r •„•, �,� - - y • i 84 t?„;„,.1 p tlri $ i 'a.*„. ,-.51,-.', Reduced in-cab noise for t„ p a. ..� AND EASE OF USE. ` dist raction-fnr operation. - e"P;--i .< . -rte JCB COMPACT WHEEL LOADERS ARE EASY TO • ACCESS AND INTUITIVE TO OPERATE, TO ENSURE •` ,-- . Y- ��= •I A MORE COMFORTABLE, CONFIDENT AND `�,� w7 , PRODUCTIVE OPERATOR. c ,, s A comfortable operator. JCB 407 and 409 wheel loaders - feature comfortable and spacious cabs with a central operating position for ' , enhanced,all-around visibility. .,.., __ cGL ry ' .-• The tilting,telescopic steering column w. " xw. ' /11°014"....'',..kK " . is simple to adjust for an ergonomic • r !` ' '...t.-:,..'1,e'''',"4„...• driving position. ' , _ - .4'' "" -' �r- All instruments are within easy reach of the ; ` "M1l ,.4' t,, ry T - ti seat,to provide the right information and the : ''' right functionality to the operator while working. 7 7 With a fully opening right-hand window, ' • ' g -, operators can enjoy increased ventilation while " t -.1..i-'1 • ': • a„ being protected from dust. -ws: • y ,M1 q,"-At.;.;-.1' •i.` tri L /j ," T 4r. S�• ��,�,k p °fu�' b.la Y'1'4., dFn _ Y • • Quality design. 4 The rear lights in the JCB 407 and 409 wheel loader models are recessed within _ the solid counterweight casting,for , ,` maximum protection. ;; Hydraulic hoses are neatly routed,properly clamped,and positioned well away from potential J �,,,c a pinch points. • -t` r�'$�*. .. T JCB uses state-of-the-art manufacturing ../ ' V processes—such as robot machining,precision ' paint technology and innovative assembly _ '� ` techniques—to achieve industry-leading t' J • ;.ej product quality. ? f 0. . ‘ Precision machining provides high tolerances and accurate location of pins and bushes,while „, . ,„ NMI( ''"-. -.--.,:"..'.,..-r - finite element analysis and rig testing ensure , superior structural strength and durability. — Cold cell testing guarantees starting performance at temperatures as low as -5 degrees F c i. ,'5"4 , ?c ; t ¢ m `` *' , ,. .- ... , . 1 ., . • ‘ ;,,,., : iv* 4figif0116” a 'a�.p ',,e, JS':4...-#",,, ' '' . gyp- ....�,. - •. - 1 S. f x, 1'ssv ht iY. 1 � Alie4 C� µ1w _ - - ' f" '"a '1'f•-4-4,. ..4t4:...",,;•,';'' 4 s : ii, * .� - , � , T� +S ..003,; �a•� '., `� 'M• 1. .. � [wti { ,.. . .. , V\` �..'"• ...."4:c iw f� ` IP::: ()/��.iC', Wil' •{� `''';t., �'i l'Li .ti .'1., ', ` r - If h '{ Y M1 A7� eT�^�.. qtr • • i' M 'y _ '7 ��g" ,A �� Y'�'trd+ ' i ,,yr ' ‘‘tfietroviro. ,: . • .1' , . , ", •X pesaan wnwixew JOO sluawyaeue Jo iIIMIN aSueu awn a;da»e ol.auwew ay;suado �5. II i{4.4�I . u pl�Is to Ja(awalZ Suppoi)gneJpXy a uaavgaq a)Ioya y L l$g _may :,.J_.i.. Y •,.._�:6:A Y. "�. T 0' uolado anglnlw pue algep oiwou JoI wa;sls ! ,� • ,.,+�. 10JluoD>fDi}s(of pauSisap (lie�lwouoS�a ue t �''f,r .'� paddlnba ale s lapeoi laa9M}�edwo)9Jf pm v..—# ,» , .1':I . ~ avow pup'ejep Suge rado'sluawailnbaJ 7 ' a)was' a aUl ew se )nS Uo elw0 W y 4 y� 4 q 1 . iap� ' ,• (eidsip o�uaa�Ds ail Joio)e pus sieip janSoieue sawgwo)gsep w4ua)leuo!Punj y Ms '. io.auo3 a4aiduio3 of • `� '` • • - .FIS • q • 4 SIC rR _ _ C, •.n r e #.544* ^y !! . ::::..':-.,,:',V7*'''', 3. it,.r. ..r �_, • .... + �. JCR Diesel by Kohler nrinec f,�ature a ' :.:P' sealed-lor-Ids•selective catalytic. N.:‘, ---- reduction(SCR)cystem.requiring no replaceable chew,parl uc Mate filler , ..77 (DPF)and no diesel engine fluid(DEF). ' k.‘ JCB 407 AND 409 WHEEL LOADERS FEATURE ! „ �_. INNOVATIVE DESIGN AND QUALITY COMPONENTS .......... ... _ TO ALLOW LONG SERVICE INTERVALS FOR ---_- -W--� --mapor-;.r: ikii IMPROVED UPTIME AND PRODUCTIVITY. • _.. r . . .F a ,.--' `,'K,4 9t ..,p r Access all areas. t1 0.,„„%"3,4- „,,,,i;,,,,r:, A large,single-piece engine cover provides ic'� Parts for 407 and 409 wheel loaders. — ' ~ convenient access to daily check pants,as well including JCB Diesel by Kohler engine parts, as the engine bay and cooling pack. are readily available from your local JCB dealer. • Operators and fleet managers can access 4-t vital information—such as running times,fuel consumption and error alerts—via the in-cab ---- _ display or JCB's LiveLink telematics system. y' - 114.1. A cyclonic pre-fitter maximizes air filtration and ie s T ”extends fitter element service intervals significantly 1 s It • ..'ti W1IEELLODER 1 y' 'i,fi +FAY . • Y .u. ~ Y-4:;"'-,w n .. 5 4 f a .,. ` . .n • • . " ✓fI .., +..': E.; Jier ''''.1 t,GT'da7'4.7,-,...,.,..",;'7'1 ¢ '4"4< . I• s ' y9 . ., , :.;',t°4%-`' .FeY;` <e*A.F F, , 1, ?' rt � 'd 4 "....:1","'" ,. ` , r x • '•441%3'44'r,i'+ .40' 't.,-'11',.. • � i'a a5 ' li• r• try y, ' r"r ,roSdr {w " ` . o ' - r • i- . y "'':•k t 4"• ymrg ?' n.i"' 1,..b L •"^,, _, . '.7.':;..41: r" +. '▪ • Y ° .H - §tr �y i"vn a. ,,s.c.ar,l` ,-....41... .4.',-,it a•: '"i 'fr • Y , F a. t ,.. , ... _, ,.,, ,,,,i .,... , „„ ! • JCB WHEEL LOADERS ARE DESIGNED FOR MAXIMUM SAFETY FOR OPERATORS AND • .• . MAX .. OTHERS AT THE WORK SITE. ' :, 4 s:. I '14.',.• • Safety first. i • � 1"*".'=r� `` �` R In the JCB 407 and 409 wheel loaders. , w!t•,"''' ' 4 ' , visibility is optimized by the placement of the - 'fr a. ,,1;..— compact JCB Diesel by Kohler engine and lll f - the sloping rear engine cover,providing an - , . • unimpeded view behind the machine. � 4 --------- An electronic,two-stage,quick hitch �y. ,, K �~ s• isolation system prevents uncontrolled ' , VA a• E i- release of attachments - yam, . ,; ,i The access step is complemented by + • . 11. , well-positioned handles to provide operators ]villi with three points of contact when entenng or a exiting the cab. an: is P P. ,...�y•W f�� P .i r - e . P 4 a eri a4 +'_ s P4 !3 l „ ,:s.,. °t.• 'K;=^+xy ,=..„...,.,;,..". e r .5'' .•. 'r, ''4a''`i�. '�.•.•.:-. '7 •l'. , - ya 4...; t _ �,. ,--,•4`,.I.: ^ '1 4 y ° r ro ,..,,.k..,.=`,.--.-,.7",a,: • • `1`'''.4•. Aga - ri* J , y� 1.'.3'7.,4*,, 'c'..` E ",i.z.G a tr.• r Y iitr +'Lr P 7 iJ . 1 '7 -`.: ::�,�_""��,£.�i�c .^4+dh :. ''''. �`max.-• _:. .,_ ,-...• .. __ ..-.---- --------- n WORK SMARTER. LiveLink .""\\ LiveLink ; .. 1'� 1 r I. I •M.mngn your(toot from anyHd+er'e •Redu(0 nI eraunv rn'>t: •P npni,r ma,-lune lorat,nn •Improve productivity •24!7 update on your phone/tablet •Monitor filet and connnnpnon' •Real-time curfew alerts •Rnc-vnreports byday!week;month •Real-time p.,eofrncealerts Superior Build ''FO,ma?Ponrtwith clrctrnr,icrnrmrmore7 ra'nttystrmr1Y •Sack.'rpbattery Quality Machine Servicing LiveLink ‘.76\ •Tow-away alert .._ •, •'++^`' 4,.. Agreementa .�. ' . ty I •Machine Irenldt,letnts1,,,,o ,o',' it/i. `.1‘'' t , •Machine service alerts nryp P •Accurate hours recorded / )C /r r • •D,,tn1cd machrnc hi<tory J tl 4a k .ti. 1 ' ,0;14.140 ' ' ..,,,,i:;::.-,, .-.-` , 1 tt,:t1,00'44- w ed Dealer _ t to, ('L•n,•r,.,,,r:rr,r •r 1:., ,I 6-it,• ,o, lilt nd,1V3il - dire.. . "w.,_--..,•:--_._ . � Pnic°� � a �la .r,,. " s ;',.;'4.;-.,...„,-v.;-•,7?::. w4 4 d } < Rr.} A� Y P',-1•,0-,,,,,:: ,iic :: t,'''-;,....,-:•f °A r>n`•., t{'t 4,7"'-',,,' ,fit'. • ' A4+, tft'e.t*Ml b .' i. � „•:J'a v7 'h Jr r r VALUE { . s„ . WHATEVER YOU NEED AND WHEREVER YOU ARE, JCB'Sb. � DEPENDABLE NORTH AMERICAN DEALER NETWORK IS p, 4 .1111(H‘ - . •,, •.. HERE TO MAKE SURE YOUR MACHINERY PERFORMS TO ,, ,Ii4i.'ke:g.11. 'I.' • ITS FULL POTENTIAL. i ./ .�Y.T r f "iSN'` B rr"t” NAS.* Var. , , ' :: Var.'1±..: '4 - 1 �'1 t w I r w • ,yam%-'-'0,,,'.<;. '-`,. �,• 6 i, - +rS;t fr %, r - ., 1 a"'°*d ,. • .. A. re[ �� ' M w 40 Jr S ,y ¢ �'"' ,i I eLv i 6'�... . a+X^ J: "7 + ir' '.. .. ,., � moi.? w .._ _. .. - .. „�.. .. .. .. 7 JCB Technical Support Service provides V JCB Yellow Shield offers comprehensive ,, + ""'- -i. instant access to factory expertise,day or night. extended warranties,as well as service-only wy 4 •` _ or repair and maintenance contracts.JCB #► JCB's Fnance and Insurance teams are always onmaintenance teams offer competitive labor ' hand to provide fast,flexible,competitive quotes. • *- rates and no-obligation quotes. 1M .6.; The global network of JCB Parts Centers is i - - a model of efficiency.With 16 regional bases, •;.� r we can deliver around 95 percent of all parts �t61 anywhere in the world within 24 hours.Our • y.. genuine JCB parts are designed to work in � � perfect harmony with your machine for 0 Manufacturing Facilities I ' optimum performance and productivity. • Dealers • Parts Distribution Centers Note:JCB LNELINK and JCB ASSETCARE may not be avatloble in your region,so please check with your local dealer 'f r Y •i '' 4,..Y',. „, ..+x 6 d-I ?b :..'a. 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JCS North Ametriett i 2000 Bamford Blvd,,Pooler,Georgla 31322 Tel:(9 2)447 2000 novolload the very(gest alforrpatorl on this product range at! born I:1 . x:s.,...4 TOts Ns eete se tee polceee,rey Immx,,,t,,,1 nata in.retimisrt.•.,Yageoun wySt.,mor*.ar onue00411,altolono*OVod.o400l,„, ' tittp,411%.0.ot•en•Ax.*Aleut pnot pegrelie,11een003 1,4.Al lefortOooltiolf..pog at,on es opollittfte.,10.4,911,0410.A.Verkpr..1, , fo• ' Gr011iftley wydicertr%.cor.-Ol-toowtiOttoricetor.of°whim Roy shatd rottoeibt.14611400104:04114tiitribo ts,eitio ..4J'' G vet mehtee*Wagon},be seefltrAsen yew-JO'be.,JC9.raervee ifie NI..to dunce apolitottty witatbt"0,11311titecrii la ,";^ ,,~eckweeent ref ie.cenee ft The MI kip 43 eoljvatrod tooRorot tf.1 C , , ' C.• WM/51110 Ism 4 01/III ONVIA MI t. e71/JCBNAf'''- /JCBNA -CIS/JCBNORTHAMER;CA ,. .e,i , ,, ' -e,*,•r:. ri '1`, ::-: --.:*, ,.. , -'• '::' ,.-7:,- ',. ,fi.,,,,,,ki*-,4,1k4it,,'ve':Utitlittewitkiroett14347.-4 WHEEL LOAD R:4A7/409 f: ,I44;,a' . • .4µy..14.!h •J.:S.1d M.61120,1 h4 .7 EXHIBIT 4 EXISTING SIGN SPECIFICATIONS 69.06 in 4.00 in M -P C 0 N OA 42.96 in C M Lo N L.r? 61 .06 in o W s4i_ 3't: CA h 0 , PI r 144 14 Cement footings Colors Used: I, ,,,,., GOTHAM l EXHIBIT 5 DIRECTIONAL SIGN SPECIFICATIONS Colors Used: I / 4.00in 4.00in ENTRANCE 00 O M n N N ff N • • Produced for: 101111001111111 Designed by:: Kenneth Comvalius Date:January 2019 G OT H A M kenneth@gothamsg.com EXHIBIT 6 ALVAR ALFONZO- LORRAIN, P.E. STORMWATER MITIGATION PLAN I \• 4, 1 ;F, ':. +d y 1 .,s } \ . a k .,, A. • I... - : ' t-: - i . ,-:- it: -,.,., 4.. .,..4,- ._,,,,,,42_ , , 0 . f , , 1 t i . .; . . I ,. -= •,,S • - ,... 0 . } ey y I,` A e1: ,. ' ek: r., .' ,„ '. ''tt m I E-* z . 4 hA ti r g r.` �h f.,. . fp . , . . .. . ..,, , .... ..._,. .,. ..?, . . ._ .. .. ,i _. .. . , ,...,_ pf, . 4 ..., . . : . . sr ..,4,... ,...4..:%_,. , , t-, ..,.. .. .. yr. ; ' qS 1�:3 4- fir,' 1 y n ! (, �irk 1111k44;;;Ist tit 41:- # K ,:3 f w yy��_ • • e t q'AFm aa��i.;�:i.p'a- �i r s't . +y,.a`, '4 0 or :a ""�+*}*{� ysyr r, .. ,. 5r 7�' a� Rqq :�'s' f•%1:. '+' h .. Z-114�'N`t, • n i L' i4v4A Rif it ft. '� w• 55. : ,rC.. f. ,.;_. r,... .a"' ' h' +v '•. iy { a. �', yl a „ ' .,, q, w f j :'.411A. -R 'x+i —IS :�J iw '�s' 1"'� r _.sa .www, ....i�.: •�...r �...:::_...m»-. ..._ EXHIBIT 7 MAMARONECK TOWN BOARD RESOLUTION On motion of Council , seconded by Council , the following was approved, WHEREAS, the Town and its Building Inspector are defendants in litigation entitled "Zavaglia et. at. v 144 Weaver Street, LLC et al." that is pending in the Westchester Supreme Court under index number 57835/2018, and WHEREAS, this litigation involves the operations conducted at the Weaver Gardens located at 144 Weaver Street, and WHEREAS, a settlement of that litigation has been presented to the Town Board for its consideration, and WHEREAS, the Town Board has determined that entering into this settlement is in the best interests of the Town NOW THEREFORE, BE IT RESOLVED, that the Town shall settle the litigation entitled "Zavaglia et. at. v 144 Weaver Street, LLC et al." that is pending in the Westchester Supreme Court under index number 57835/2018 on the basis of the SETTLEMENT STIPULATION AND ORDER that has been presented and considered by the Town Board, and BE IT FURTHER RESOLVED, that the Attorney for the Town, the Town Administrator and the Town Building Inspector hereby are authorized and directed to sign the SETTLEMENT STIPULATION AND ORDER on behalf of the Town. The above resolution was put to a roll call vote: King Katz Fiddelman Eney Seligson