Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2025_02_05 Town Board Meeting Packet
w rri H FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, February 5, 2025 All Work Sessions and Regular Meetings are open to the public. Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room A located on the Second Floor at the Town Center. WORK SESSION ITEMS 1. Discussion - Town of Mamaroneck Immigration Policy 2. Discussion - Budget Committee 3. Discussion - Easement Agreement— 59 Maple Hill Drive 4 - 24 Revised Easement Agreement— 59 Maple Hill Drive - Pdf 4. Discussion - Agreement for Consultant Services for Playground Shade 25 - 51 Evaluation & Design Development Agreement for Consultant Services for Playground Shade Evaluation & Design Development - Pdf 5. Discussion - Rejection of Bid - TA-25-01 2025-2026 Street Sweeping Services 52 - 54 Rejection of Bid - TA-25-012025-2026 Street Sweeping Services - Pdf 6. Discussion - Proposed Local Law - "Regulation of Solar Energy" 55 - 73 Proposed Local Law - "Regulation of Solar Energy" - Pdf 7. Discussion - Ambulance District Equipment - Lease Agreement 74 - 86 Ambulance District Equipment - Lease Agreement - Pdf 8. Discussion - 2024 LMC Services Agreement 87 - 93 2024 LMC Services Agreement - Pdf 9. Discussion - 2025 Town Parking Opportunities 94 - 97 2025 Town Parking Opportunities - Pdf 2025 Town Parking Opportunities Recap 10. Request for Executive Session 11. Updates 12. Changes to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board regular meeting will convene in Court Room on the second floor of the Town Center. The Public is able to view the meeting on cable access Page 1 of 214 television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 2-5-25 98 - 100 Fire Claims 11.06.2024 - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of- Easement Agreement— 59 Maple Hill Drive 101 - 121 Revised Easement Agreement— 59 Maple Hill Drive - Pdf 2. Consideration of- Agreement for Consultant Services for Playground Shade 122 - 148 Evaluation & Design Development Agreement for Consultant Services for Playground Shade Evaluation & Design Development - Pdf 3. Consideration of- Rejection of Bid - TA-25-01 2025-2026 Street Sweeping 149 - 151 Services Rejection of Bid - TA-25-012025-2026 Street Sweeping Services - Pdf 4. Consideration of- Proposed Local Law - "Regulation of Solar Energy" 152 - 170 Proposed Local Law - "Regulation of Solar Energy" - Pdf 5. Consideration of- Ambulance District Equipment - Lease Agreement 171 - 183 Ambulance District Equipment - Lease Agreement - Pdf 6. Consideration of- 2024 LMC Services Agreement 184 - 190 2024 LMC Services Agreement - Pdf 7. Consideration of- Salary Authorization - Police Department 8. Consideration of- Salary Authorization & Promotion - Police Department REPORTS OF MINUTES 1. Report of Minutes of January 22, 2025, and November 20, 2024 191 - 214 Report of Minutes of January 22, 2025 & November 20, 2024 - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - February 19, 2025 Page 2 of 214 PLEASE NOTE LOCATION CHANGE: The February 19th Town Board work session will convene in Conference Room D on the first floor of the Town Center. The Town Board regular meeting will convene in Conference Room C. Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 3 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Revised Easement—59 Maple Hill Drive Date: February 5, 2025 Please see the attached memo from Town Engineer Robert Wasp regarding an amended easement agreement for 59 Maple Hill Drive, Larchmont,NY 10538. Action Requested: Resolved that the Town Board hereby approves the easement agreement between the Town of Mamaroneck and the Owners of 59 Maple Hill Drive, Larchmont, NY 10538 as presented and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 4 of 214 v u_rt1;' 'rn Town of Mamaroneck Town Attorney, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: January 27, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: William Maker Jr.Town Attorney Subject: Revised Easement—59 Maple Hill Drive General: Installation of a private drain connection is proposed to a Town storm sewer catch basin from new stormwater management practice located on the 59 Maple Hill Drive property. The new connection requires the installation of approximately 57 linear feet of 6-inch diameter piping within the shoulder area of Maple Hill Drive that necessitates an easement agreement between the Town and property owner prior to the issuance of permits. The attached easement agreement and supporting documents have been drafted by the Applicant based upon the Town's standard template as developed with Mr. Maker. The easement creates a 15' width area along the length of the proposed private drain pipe to allow for continued maintenance access by the Owner. The Applicant will be responsible to restore all disturbed areas of the Town right-of-way in accordance with Town construction specifications. Maintenance of the proposed private drain connection is the responsibility of the owners of 59 Maple Hill Drive and their successors. The Applicant has applied to obtain Town Surface Water and Erosion Control (SWEC) and Highway permits from the Engineering Department for the proposed scope of work that will when all issuance criteria are met, including execution of the subject easement agreement. There are no expected utility impacts for the proposed private drain connection due to the small pipe size and shallow depth of required installation. The Engineering Department has reviewed the attached documents and recommends that authorization should be granted for the Town Administrator to execute the agreement. Please feel free to contact me with any questions. Attachment/s: Easement Agmt with Enc59 Maple Hill Dr01082025 Page 5 of 214 Basement Agreement This Agreement made as of 2025 between Steven Shepard and Patricia Shepard ("Owners"), residing at 59 Maple Hill Drive, Larchmont, NY 10538 and the Town of Mamaroneck ("Town"), a municipal corporation having its principal offices at 740 West Boston Post Road,Mamaroneck,NY 10543. Recitals Whereas, the Owners own the real property known by the postal address of 59 Maple Hill Drive,Larchmont,NY 10538 ("Owners' Property") and designated as Section 1,Block 22,Lot 330 on the Tax Assessment Map of the Town of Mamaroneck, and Whereas,the Owners plan to construct a Storm Sewer Line consisting of a trench drain at the end of the driveway and piping leading from the trench drain, proceeding underneath the public right of way of Maple Hill Drive to the Catch Basin (defined below)where it will be connected to the Catch Basin for overflow, and Whereas, in order to accomplish this result, the Owners need permission from the Town for an underground storm sewer line within the right of way of Maple Hill Drive, and Whereas, the Town is amenable to granting an easement to the Owners in/under the right of way of Maple Hill Drive for this purpose. Now,therefore,intending to be bound,the parties agree as follows: 1. Other Definitions.For the purpose of this agreement,the following terms shall have the following meanings: "Catch Basin" means the existing public storm water catch basin located in front of the real property known by the postal address of 59 Maple Hill Drive(Section 1,Block [li Page 6 of 214 22, Lot 322 on the Tax Assessment Map of the Town of Mamaroneck), northeast of the intersection of Maple Hill Drive and Orsini Drive. "Storm Sewer Line" means a storm water sewer line made of polyvinyl chloride (PVC) and conduits, connections, drains, filters, fittings, gates, mains, manholes, pipes and valves which the Owners may install, connect, construct, extend, lay, maintain, repair, replace or reconstruct in the Easement Area. "Easement Area" means the portion of Town right-of-way located between the Town curbing and the boundary of the owner's property occupied by the storm sewer line. "Owners" means Steven Shepard and Patricia Shepard, and their agents, contractors, employees and licensees and their grantees, successors, assigns, distributees, legatees and personal representatives. The Shepards shall cease to be "Owners" when neither of them holds title to the Owner's Property. "Repair" and"Repaired"means whatever work is reasonably required in order to restore the Storm Sewer Line to the level of functionality it had when installed. The term includes not only repairs but also replacement and reconstruction if reasonably required. "Tax" has the same meaning as the definition of"tax" or "taxation" contained in section 102 (20)of the New York Real Property Tax Law. "Work" means the installation of the Storm Sewer Line and its maintenance, repair, replacement or reconstruction. 2. Grant of an Easement. (i) (i)The Town grants and conveys to the Owners a perpetual,but not exclusive, [2] Page 7 of 214 easement,under,through and across the Easement Area to install,connect, construct,extend,lay,maintain,repair, replace or reconstruct the Storm Sewer Line for the sole purpose of transporting storm water from the Owners'Property to the Catch Basin. (ii)The Storm Sewer Line and its outlet connection to the Catch Basin shall be installed in a manner that conforms to the plan submitted by the Owners to, and approved by the Town Engineer(which approval will not be unreasonably withheld).All staging and storage of materials required for Work related to the Storm Sewer Line shall not be placed within the pavement limits of Maple Hill Drive.The Owners shall be required to maintain ingress and egress to Maple Hill Drive via the existing driveway curb cut during the Work.Where required by the Town,the Owners shall follow this same protocol whenever the Storm Sewer Line needs to be maintained or repaired. (iii)Before commencing construction,the Owners shall a. provide the Town with a certificate of insurance, issued by an insurance company that has an AM Best rating of "A" or better, that has required minimum coverages b. obtain a Highway permit from the Town's Engineering Depar€xuent,and c. obtain whatever other approvals or permits may be required in order to do the Work. (iv) The Owners shall use their best efforts to perform the Work expeditiously [3] Page 8 of 214 and with the least possible interference to the pedestrian and motor vehicular traffic on Maple Hill Drive. The sidewalks, curbs and the paved roadway disturbed by the Work will be restored as soon as possible (weather permitting) to the condition that existed before the Work commenced. (v)The areas disturbed by the Work performed pursuant to this paragraph will not be left in a hazardous condition when the Work ceases at the end of a day. (vi) The Owners will hold a pre-construction meeting with the Town Engineer before the Work is commenced (b) The Owners shall be responsible for paying all of the costs incurred in connection with the Work. The Owners shall indemnify and hold the Town harmless from any claims for personal injury, death or property damage against the Town that directly arise out of the work and that do not arise, in whole or in part, from any negligence by the town or the Town's agents. if any such claims are brought by any person in a lawsuit against the Town, then the owners, at their sole cost and expense, shall reimburse the town for the Town's costs and expenses reasonably incurred in connection with such litigation. Such costs and expenses shall include, but not be limited to reasonable fees of attorneys and experts necessary in order to defend the Town against any such claims. (c) The parties recognize that the Owners' Property has been developed with a single-family residence and that the Owners are granted this easement with the understanding that the Storm Sewer Line will be used to drain storm water only from the Owners'Property. 141 Page 9 of 214 3. Maintenance and Repair. (a) The Owners, at their sole cost and expense, shall be responsible for the routine maintenance of the Storm Sewer Line. (b) The Owners, at their sole cost and expense, also shall be responsible for the Repair of the Storm Sewer Line regardless of the cause of the damage to the Storm Sewer Line.. By accepting this responsibility, the Owners do not waive whatever recourse they may have to obtain redress from a third-party who may have caused the damage that requires the Storm Sewer Line to be Repaired;however, having recourse against a third party is not grounds for delaying the Repair. (c)If Repair of the Storm Sewer Line is necessary, the Town may use the procedures in this paragraph to enforce the Owners' duty to repair. The Town must give Owners written notice of the Repairs that are needed. If Owners do not cause those Repairs to occur within 60 calendar days of that written notice, the Town shall have the right but not the obligation, to conduct the Repair.The Owners shall reimburse the Town for all of the "soft" and"hard"costs incurred to maintain or Repair the Storm Sewer Line,including the pro-rated portion of the salaries(including overtime) of Town employees who perform or supervise all or some of the work.If not paid,the Town shall have the right to add that cost to the Tax imposed by the Town on the Owners'Property. In addition,the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect such "soft" and "hard" costs(e.g. reasonable attorney's fees,fees paid to a collection agency,court costs,etc.).If not paid,the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners'Property. 4. "Run with the Land". [51 Page 10 of 214 This agreement shall run with the land and be binding upon and inure to the benefit of and be enforceable by the Owners and the Town. 5. Delegation. The Town may delegate the rights granted to it in this agreement to any municipal authority or utility company other than the rights to be indemnified and held harmless from any lawsuit. 6. Notices. (a) A notice which is required or may be given under this agreement shall be in writing and shall be deemed to have been made either (i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to someone of suitable age and discretion at the address of that party (or a person who is entitled to a copy of the notice) or(ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or(iii)on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice ("addressees") are: If to the Owners,to: Steven Shepard&Patricia Shepard Or RESIDENT 59 Maple Hill Drive Larchmont,NY 10538 If to the Town: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Aft: Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 [6] Page 11 of 214 Att:Town Engineer or to such other address that an addressee shall have specified in a notice to the other addressees. (b) The requirement to give sixty (60) business days' notice contained in paragraph 3(c) and the requirement contained in paragraph 6 (a) that notice be in writing shall not apply if an emergency exists. In such a situation, the Town shall be required only to give or to attempt to give such notice to the Owners as it can (e.g. telephonic or electronic communication),based upon the exigencies then existing before conducting Repairs. 7. Additional Instruments. The parties shall execute and acknowledge before a notary public and deliver to each other any and all instruments which reasonably may be required to give full force and effect to this agreement or to record this agreement in the office of the County Clerk of the County of Westchester 8. No Waiver of Rights. The parties shall execute and acknowledge before a notary public and deliver to each other any and all instruments which reasonably may be required to give full force and effect to this agreement or to record this agreement in the office of the County Clerk of the County of Westchester. The failure of either party to insist upon the strict performance of, or to commence an action to enforce any provision of this agreement shall not be construed as a waiver of the right to do so should a breach of this agreement occur subsequently. 9. Gender. [71 Page 12 of 214 Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. 10. Severability. If any court determines that a portion of this agreement is invalid,illegal or unenforceable,the remaining provisions shall remain in effect. 11. Complete Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. All prior agreements between the parties regarding the subject matter contained herein — whether oral or written — are merged into this agreement and do not survive it as this agreement expresses their entire understanding on the subject matter contained herein. 12. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. 13. Captions. The headings preceding the paragraphs of this agreement are for reference purposes only and shall not be considered when interpreting the meaning of this agreement. Steven Shepard €8] Page 13 of 214 Patricia Shepard Town of Mamaroneck By: Meredith Robson,Town Administrator [9] Page 14 of 214 State of New York County of Westchester On the day of in the year 2025,before me, the undersigned, personally appeared Steven Shepard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he (she) (they)executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York County of Westchester On the day of in the year 2025,before me, the undersigned, personally appeared Patricia Shepard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York County of Westchester On the day of in the year 2025,before me, the undersigned, personally appeared Meredith Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to me that he (she) (they)executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public 1101 Page 15 of 214 Schedule'A' [1I] Page 16 of 214 ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York, known and designated as a portion of Maple Hill Drive on a certain map entitled, "Second Amended Subdivision Map of Maple Hill"filed in the Westchester County Clerk's Office, Division of Land Records, on June 9th, 1927 as Map Number 3159,and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Maple Hill Drive at the northwesterly corner of Lot 458 as shown on said map; RUNNING THENCE along the said southerly side of Maple Hill Drive South 72° 10' 50"West 69.00 feet; THENCE RUNNING through Maple Hill Drive North 17°49' 10" West 16.00 feet, North 72° 10' 50" East 125.00,and South 17°49' 10" East 16.00 feet back to the southerly side of Maple Hill Drive; THENCE along the said southerly side of Maple Hill Drive South 72°10' 50"West 56.00 feet to the point or place of BEGINNING. Page 17 of 214 "mm4Z p oiD� amP A3� N CDUt<� ) fiE l y01,.mgm-qc ?rspa2.gg K 'ten V7 vdzm-p eDiz 1adPF�P ,��<h = {mpg Z(,) > 17 m 7:Obp o N 3 C ), .ry Nva�1:., 3m 'e I o ,Z 0 3 e��'e fl N 3 g o A� io 2" 1Pzu6,q 4,3GCSP ,C 3 $aiva yNU'-i8 G.,03 El N N oneea�z - Er IA r ^a,ttl aa pa o gjO�j Y�211 3 Np n h o� i iy -{ Ulp om.Zi'Q 4 P,, 3O ° =V . gl u'49mby2 °AC _ °ho a 'n m R Z2pZ ozn, 9 3 N:1 3 h NP3 md. 0A ODp�mmm m 3 O z�� y0 t_ 3 31¢oH 2 (AZp zp>2 dd '3 2 Z0-170 G 0C LR—GYa C H fn� 1'1 Uy � e z,, rr ,al 2 u gi$Sr3 �Z m 4 2 S ir49'10" E J 80,00' I ' eff °' v y `rii{{'.g``'EF .cote 1/ I -T5%p o AsPha. Orive Site 4 t jthq .`.' 1111111111 '1 '^'a mow. i Nh �ff�� ion lit 4r 0 Av IS. g ► #t Y r o 5. Ft e 9 ' o no o A Plot. FI7 r---���l, r �✓ a• sae ni I S u t t 1 ` �' � x ,' r $4 4 1 O q L_ 1 O r 4! H rr C0 v / ,am i1 1F: Fit m 1 -1 / i Ft��' 1 Skmy ' lIti/II#rf 1: a r. O,3 n ' Wood Fiance —w ' 1 f+lRiall Nr11 W x fw.' airgaol/ Ott oa. #11f1 4i1.I v 2. d ° 11114111+11il ; Fa alk 't'a E. ,� CQ Poet I Mrs Fence P I a3coS N 1749'1a"War 55.OD 54.S:m v co Nu EMERSDN ROAD 1 SF ,,.1tiveA Y M �a 8 ,(1),�.� c. ti�H l a y s, ,n 1- - a rh i,ia.,.•,e t 'age 18.of 214 TER Office of the Westchester County Clerk 4, II Ilit it iii iii I III .111 It liii lit III II saL *650083141 TPD002S* Supporting Document Cover Page Submitter Information Name: STATEWIDE ABSTRACT CORP Phone: 914-683-5900 Address 1: 202 MAMARONECK AVENUE Fax: 914-683-5905 Address 2: Email: MUSAVICH@STATEWIDEA.COM City/State/Zip WHITE PLAINS NY 10601 Reference for Submitter: CT-9951 Parent Document Details Control Number: 650083139 Document Type: Easement(EAS) Package lD: 2025010800081001000 Supporting Document Information Supporting Document Type: TP-584 Page 19 of 214 TP-584(9119) Recording office time stamp YYEW Department of Taxation and Finance NOA K Combined Real Estate Transfer Tax Return, PREP Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1, Instructions for Form TP-584,before completing this form.Print or type. Schedule A— Information relating to conveyance Grantor/Transferor Name(if individual:last,first,middle initial)(❑ check if more than one grantor) Social security number(SSN) ❑Individual TOWN OF MAMARONECK Pending/Not Applicable ❑Corporation Mailing address SSN El Partnership 740 MAMARONECK AVENUE ❑Estate/Trust City State ZIP code Employer Identification Number(FIN) ❑Single member LLC MAMARONECK NY 10543 ❑Multi-member LLC Single member's name if grantor is a single member LLC(see instructions) Single member EIN or SSN ID Other Grantee/Transferee Name(if Individual:last,first,middle initial)(El check if more than one grantee) SSN Q Individual SHEPARD,STEVEN PendinglNot Applicable ❑Corporation Mailing address SSN ❑Partnership 59 MAPLE HILL DRIVE ❑Estate/Trust City State ZIP code EIN ❑Single member TICLARCHMONT NY 10538 S Single member's name if rantee is a single member LLC(see instructions) Single member SIN or SSN o ❑Multi-member LLC 9 5 g ci ❑Other M M Location and description of property conveyed m oTax map designation— MIS code Street address City,town,or village County to Section, block&lot (six digits) (include dots and dashes) 1-22-330 553289 59 MAPLE HILL DR MAMARONECK TOWN Westchester Type of property conveyed(check applicable box) I _= One-to three-family house 6 ❑ Apartment building Date of conveyance Percentage of real property 2 '� Residential cooperative 7 Office building = 1 10 2025 conveyed which is residential 3 = Residential condominium 8 ❑Four-family dwelling month as real property. 100-% 4 Vacant land 9 ❑X Other EASEMENT y year (see Instructions) 5 ❑ Commercial/Industrial Condition of conveyance(check all that apply) f.❑ Conveyance which consists of a I.0 Option assignment or surrender a. ❑ Conveyance of fee interest mere change of identity or form of ownership or organization(attach Form TP-584.1,Schedule F) m ❑ Leasehold assignment or surrender b. ❑Acquisition of a controlling interest(state percentage acquired %) g.0 Conveyance for which credit for tax n.❑Leasehold grant previously paid will be claimed(attach Form TP-584.1,Schedule G) c. ❑Transfer of a controlling interest(state o.0 Conveyance of an easement percentage transferred %) h.0 Conveyance of cooperative apartment(s) p.❑Conveyance for which exemption d. El Conveyance to cooperative housing i.❑Syndication from transfer tax claimed(complete corporation Schedule B, Part111) j.0 Conveyance of air rights or q.0 Conveyance of property partly within e. ❑Conveyance pursuant to or in lieu of development rights and partly outside the state foreclosure or enforcement of security k.0 Contract assignment r. ❑ Conveyance pursuant to divorce or separation interest(attach Form TP-584.1,Schedule E) s.❑ Other(describe) For recording officer's use Amount received Date received Transaction number Schedule B.,Part I $ Schedule B.,Part II $ Page 20 of 214 Page 2 of 4 TP-584(9/19) PREP Schedule B — Real estate transfer tax return(Tax Law,Article 31) Part I—Computation of tax due 1 Enter amount of consideration for the conveyance(if you are claiming a total exemption from tax,check the exemption claimed box,enter consideration and proceed to Part III) ❑] Exemption claimed 1. 0.00 2 Continuing lien deduction(see instructions if property is taken subject to mortgage or lien) 2. 0.00 3 Taxable consideration(subtract line 2 from line 1) 3. 0.00 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3 4, 0.00 5 Amount of credit claimed for tax previously paid(see instructions and attach Form TP-584.1,Schedule G) 5. 0.00 6 Total tax due*(subtract line 5 from line 4) 6. 0.00 Part H—Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance(from Part I,line 1) 1. 2 Taxable consideration(multiply line 1 by the percentage of the premises which is residential real property,as shown in Schedule A) 2. 3 Total additional transfer tax due*(multiply line 2 by 1%(.01)) 3. Part III—Explanation of exemption claimed on Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America,the state of New York,or any of their instrumentalities, agencies,or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or compact with another state or Canada) a ❑ b. Conveyance Is to secure a debt or other obligation b ❑ c. Conveyance is without additional consideration to confirm,correct, modify,or supplement a prior conveyance c ' 1 od. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying o, realty as bona fide gifts d ❑ c e. Conveyance is given in connection with a tax sale e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F f ❑ g. Conveyance consists of deed of partition g ❑ h. Conveyance is given pursuant to the federal Bankruptcy Act h ❑ i. Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or ❑ the granting of an option to purchase real property,without the use or occupancy of such property i I. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment j ❑ k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,section 1401(e)(attach documents supporting such claim) k ❑ *The total tax(from Part I,line 6 and Part II,line 3 above)is due within 15 days from the date conveyance.Please make check(s)payable to the county clerk where the recording is to take place.If the recording is to take place in New York City,make check(s)payable to the NYC Department of Finance.If a recording is not required,send this return and your check(s)made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department, RETf Return Processing,PO Box 5045,Albany NY 12205-5045. Page 21 of 214 Page 3 of 4 TP-584(9/19) PREP Schedule C — Credit Line Mortgage Certificate(Tax Law,Article 11) Complete the following only if the interest being transferred is a fee simple interest. I(we)certify that:(check the appropriate box) 1. n The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant,a tenant in common or otherwise)immediately before the transfer. ❑The transfer of real property is(A)to a person or persons related by blood,marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50%or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee,or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000,000 or more,and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. Other(attach detailed explanation). c cn co M 3. n The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the o following reason: uQi FIA certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. L .I The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage Is ..No exemption from tax is claimed and the tax of - is being paid herewith.(Make check payable to county clerk where deed will be recorded or,if the recording is to take place in New York City,make check payable to the NYC Department of Finance.) Signature(both the grantor(s)and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B,and C, including any return,certification,schedule,or attachment,is to the best of his/her knowledge,true and complete,and authorize the person(s)submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. Grantor signature Title Grantee signature Title Grantor signature Title Grantee signature Title Reminder:Did you complete all of the required information in Schedules A, B,and C?Are you required to complete Schedule D?If you checked e,f,or g in Schedule A,did you complete Form TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place or,if the recording is in New York City,to the NYC Department of Finance?If no recording is required,send your check(s),made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 22 of 214 Page 4 of 4 TP-584(9/19) PREP Schedule D-Certification of exemption from the payment of estimated personal income tax(Tax Law,Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. If the property is being conveyed by a referee pursuant to a foreclosure proceeding,proceed to Part II,and check the second box under Exemptions for nonresident transferor(s)/seller(s)and sign at bottom. Part I-New York State residents If you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-584(or an attachment to Form TP-584),you must sign the certification below.If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided. If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law,section 663(a)upon the sale or transfer of this real property or cooperative unit. Signature I Print full name I Date Signature I Print full name Date Signature E Print full name Date Signature I Print full name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law,section 685(c),but not as a condition of m recording a deed. vss Part II-Nonresidents of New York State oIf you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584) c) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law,section 663(c), C° check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferor(s)/seller(s),that transferor(s)/seller(s)is not required to pay estimated personal income tax to New York State under Tax Law,section 663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT 2663,Nonresident Real Property Estimated Income Tax Payment Form,or Form IT-2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information,see Payment of estimated personal Income tax, on page 1 of Form TP-584-I. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)(grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: I I The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from. Date to Date El (see Instructions). The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. I�I I I The transferor or transferee is an agency or authority of the United States of America,an agency or authority of the state of New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association,or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date Page 23 of 214 TP584 Addendum (Parent Document Control Number 650083139) Addtlnt P #t Party Last Name First Name,MI SSN!EIN Address Grantee SHEPARD PATRICIA Pending/Nat Applicable 59 MAPLE HILL DRIVE,LARCHMONT,NY 10538 Page 24 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Discussion of Agreement for Consultant Services for Playground Shade Evaluation& Partial Design Development Date: February 5, 2025 Attached for your consideration, please find a recommendation from Town Engineer, Robert Wasp to enter into an agreement with La Bella Associates for consultant services related to the evaluation of shade options for the playground. The original bid for scope of services is described in Rob's memo. However, based upon the cost, and the fact that the 2025 budget does not include funding for capital improvement to the playground, I agree with Rob's recommendation that the reduced scope of services is appropriate for award. Action Requested: Resolved that the Town Board authorizes an agreement with La Bella Associates which includes site evaluation and partial design development for a budget not to exceed $33,800 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 25 of 214 "v I n Town of Mamaroneck Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: February 5, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Discussion of Agreement for Consultant Services for Playground Shade Evaluation& Partial Design Development General: Request for Proposal (RFP) for the evaluation and design of potential shade improvements at the Memorial Park playground was advertised by the Town Engineering Depailment in fall 2024. The scope includes consultant work tasks for 1) Evaluation of existing site conditions, including analysis of shade coverage based upon various sun elevations, 2) Comparison of shade coverage improvement options, 3)Attendance at Town stakeholder meetings, and 4) Design development and cost estimation for the final selected improvement option(s). The RFP document was advertised using the Town's Bidnet portal in addition to direct transmittal of the solicitation to several area consultant firms. Initial advertisement of the RFP in October did not yield any consultant proposals. RFP documents were readvertised starting in November following additional outreach to consultant firms that has resulted in the enclosed proposal provided by Labella Associates. LaBella Associates is well-recognized international consulting firm that has extensive presence in New York State. LaBella serves several Westchester County municipalities with general architectural/engineering and building code review services. The provided proposal is responsive to the Town's RFP scope to provide a thorough review evaluation and subsequent design of recommended shade improvements under an aggressive timeline. The Town will be able to utilize the finalized design documents to properly budget for future capital project. In response to the Town's notification that there is no available capital budget to fund the construction of potential improvements in the 2025 calendar year, LaBella has provided a updated proposal fee schedule that eliminates additional scope related to the preparation of bid documents and review of bids. The revised proposal sums to $33,800. Although there is no capital project for this work in the 2025 Town Budget, $30,000 in funding was contemplated to be used for this purpose as part of the Engineering Depailuient consultant services operating line A1440-4035. Consultant costs for procurement phase will be re-evaluated at the conclusion of the design development process as part of a future capital budget request. Page 26 of 214 Based upon the above considerations, the Engineering Department recommends authorization of LaBella's proposal to commence the described site evaluation and design development work. Please feel free to contact me with any questions. Attachment/s: Mamaroneck Playground Shade Study & Design Contract Agreement 1.31.25 Page 27 of 214 Professional Services Agreement Agreement made the day of , 20 between LaBella Associates,D.P.C. ("LaBella") and Town of Mamaroneck ("Client") for services related to the following Project: Playground Shade Evaluation and Design Services ("Project") LaBella and Client hereby agree as follows: Description of Services: LaBella shall perform the services set forth and described in LaBella's proposal, dated 12/30/24 updated 1/30/25, a copy of which is attached as Exhibit A, in accordance with the terms and conditions of this contract attached as Exhibit B. Compensation for Services: Client shall compensate LaBella for its professional services as set forth in LaBella's proposal. LaBella shall submit invoices for services rendered on a monthly basis. Client shall make payment to LaBella no later than thirty (30) days after the date of each invoice. Term: LaBella shall commence performing its services when Client gives notice to proceed. This Agreement shall terminate when LaBella's services are completed and final payment has been received from Client, or as otherwise provided in this Agreement. Insurance: LaBella shall maintain, at its own expense, throughout the term of this Agreement and until the expiration of all applicable statutes of limitation, the following insurance coverages: • Comprehensive general liability insurance with policy limits of not less than $1,000,000 each occurrence and$2,000,000 in the aggregate for bodily injury and property damage; • Automobile liability insurance covering owned, non-owned, rented and hired vehicles operated by LaBella with policy limits of not less than $1,000,000 combined single limit and aggregate for bodily injury and property damage; Page 28 of 214 • Umbrella liability insurance with policy limits of not less than $10,000,000 each occurrence and$10,000,000 in the aggregate; • Worker's compensation insurance at statutory limits and employer's liability insurance with a policy limit of not less than $1,000,000 for all employees engaged in the rendering of professional services under this Agreement; • Cyber insurance with policy limits of not less than$5,000,000 and excess Cyber insurance with policy limits of not less than $5,000,000; • Professional liability insurance with policy limits of not less than$5,000,000 per claim and $7,500,000 in the aggregate; and • Pollution liability insurance with policy limits of not less than $5,000,000 per claim and $7,500,000 in the aggregate. Pollution liability coverage is only provided for professional services. Client shall be named as an additional insured on a primary and non-contributory basis under the CGL,Automobile and Umbrella insurance policies. LaBella shall provide to the Client certificates of insurance evidencing compliance with the requirements of this Agreement. The certificates shall contain a provision that at least thirty (30) days prior written notice shall be given to Client in the event of cancellation, non-renewal, or reduction of the insurance. Indemnification: To the fullest extent permitted by law, LaBella shall indemnify and hold the Client and its officers and employees harmless from and against liabilities, damages, losses and judgments, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts, errors or omissions of LaBella, its employees and its consultants in the performance of professional services under this Agreement. In recognition of the relative risks and benefits of the Project to both Client and LaBella, the risks have been allocated such that Client agrees, to the fullest extent permitted by law, to limit the liability of LaBella and LaBella's consultants for any and all claims, liabilities, damages, losses, costs, and judgments of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of LaBella and LaBella's consultants shall not exceed $50,000 or LaBella's total fee for services rendered on this Project, whichever is greater. LaBella Associates, D.P.C. Town of Mamaroneck By: By: Name Name Title Title Date: Date Page 29 of 214 Exhibit A LaBella's Proposal Page 30 of 214 Prepared For: Robert Wasp, PE, CDT Town Engineer Town of Mamaroneck Engineering Department Room 208 740 West Boston Post Road Mamaroneck, NY 10543 Submitted by: Michael Cocquyt, CPRP Senior Program Manager LaBella Associates 1 North Broadway Suite 803 White Plains, NY 10601 (518) 439-8235 0._—, LaBetLa lio Powered by partnership. Consultant Design Services- Playground Shade Evaluation & Design Development for Improvements TOWN OF MAMARONECK DECEMBER 30, 2024 Scope and Fees updated 1/30/2025 Page 31 of 214 LaBelLa Powered by partnership, December 28, 2024 Robert P. Wasp Town Engineer Town of Mamaroneck 740 West Bost Post Road Mamaroneck, NY 14543 RE: Playground Shade Evaluation and Design Services Dear Mr. Wasp: We understand the Town seeks professional guidance to improve Memorial Park Playground with increased shade at play structures and surrounding park amenities. We recognize that playgrounds are important community assets that should be built for as much seasonal use as possible. Specific to peak summer use, our team has the skills and experience to evaluate the gaps and limitations of current shading at the project site and recommend an optimal solution. Experience with Municipal Parks and Playgrounds Our team has extensive experience with municipal parks and playgrounds. We realize the essential differences between municipal, private, and school projects regarding management and engagement. We have included a summary of just a few of the many municipal/institutional playground and park shade-oriented projects relevant to this scope;These projects were a success thanks to our engagement from design through to construction;we take pride in the support we offer communities and our guidance through the entire process. Evaluation and Engagement The attached summary of projects highlights our experience in municipal playground design. Specific to your needs, the creation of shade solutions will require input from users, playground equipment manufacturers, and maintenance and landscape professionals.We understand that our rote as your consultant will be to provide and vet options to enhance the quality of experience for users of the play facility, and surrounding area, - delivering the highest value for the Town's recent investment. Finally, we are experienced in municipal procurement and will work within your municipal guidelines to publicly solicit and procure the necessary products and services for play shade improvements. Cost and Schedule We have provided a cost summary aligning with the RFP scope provided.There are some unknowns regarding local preferences, design options, and implementation -we would work with the listed lump sums to provide the most significant value while expediting services needed to meet your June 2025 construction completion date. If desired, we could also offer the support of our Grant Management team to present potential funding sources once a final solution is decided. We are excited by this opportunity to work with the Town. We know this is a tight timeline and have team members ready to begin work immediately.We welcome any questions or discussions. Please do not hesitate to contact me at(585)287-9087 or mcocquyt(a labellapc.com. We appreciate your time and consideration. Respectfully submitted, LaBella Associates Michael Cocquyt, C RP 1 North Broadway I Suite 803 While Plains, NY 10601 p 014)997-8510 �;:i;eil :pc.`,on Page 32 of 214 TABLE OF CONTENTS SECTION ' Company Profile SECTION 2 Project Experience SECTION 3 Fee Proposal Sii:c:TION 4 Insurance 0-1 LaBella Powered by partnership. Page 33 of 214 COMPANY PROFILE LaBella PovvePage 34 of 214 ABOUT LABELLA • Potsdam At LaBella Associates, our job is to create - structures, plans, NEW YO R K ideas, results. As a OFFICE Glen•ails nationally recognized LOCATIONS • Design Professional Syracuse Ballston Spa • Corporation, that's a Rochester Albany Buffalo given, right? • Ithaca But here's what really drives us: Elmira • creating partnership between our Binghamton team and our clients.So much Jamestown • so that we become one team, • Poughkeepsie unified in the unrelenting pursuit White Plains of exceptional performance on each and every project. Reliability. Accountability. Collaboration. NYC Respect. Not skills we went to TECHNICAL CAPABILITIES school for, but innate in LaBella team members. The pursuit of partnership is embedded in our culture - has been since our inception in 1978. And it affects client outcomes in INFRASTRUCTURE BUILDINGS profound ways. It means we're built to expertly execute projects ' Civil Engineering • Architecture from start to finish.That we • Environmental • Planning have the talent and resources • Planning • Buildings Engineering to take on any challenge.That • Transportation Engineering • Environmental projects are completed on • Land Surveying • Land Development& time, on budget, and beyond Landscape Architecture expectations.And that we win awards - not just for our talent, but also for our ethics, employee culture, and growth. Today, our wheelhouse is broad, ENVIRONMENTAL ENERGY with four key service offerings: Buildings, Energy, Infrastructure, • Environmental Consulting • Program Management and Environmental. Our reach is • Environmental Contracting • Renewables widespread with over 2,000 staff • Buildings Engineering • Planning located throughout the country • Solid Waste • Power Systems and Europe.We're headquartered • Environmental in Rochester, NY- but our impact • Civil Engineering is seen, felt, and experienced around the world. 0.„ LaBella Powered by partnership. Page 35 of 214 i , LANDSCAPE 1 i` as]. ARCHITECTURE yy7 " 1Q `a ! 1, e s ..- o, r Combine the art of design with the science ,, �* , , ; ,' ,„ of construction—that's how LaBella's .+ A _*_le .._ ::..... landscape architects bring creative and .` ,1 F1 1 1 1 b 1 E i i I P*y ' functional ideas to life.We work closely with our clients to produce sites that I .. .. �4,; = A balance beauty, utility,and sustainability. °' , ; �N1 ---i Our services include: _ kli �►.ogo- • Feasibility studies $ Ana �'' • Site inventories and analysis • Visual assessments and simulations AIR • Parks and recreation design '_' -: - • • Athletic facility design ;, ' .� ,- • Campus planning — to,, '~ * war u' k.° • Commercial and residential design :�.; :x » .,v " -� i,v '' p • Community planning . ,r • Urban design and streetscapes V# i `' . • Pedestrian and traffic circulation - 1 y • Landscape master plans R . Y • Wetland mitigation and restoration . - • Site lighting plans • �g+RAERN PAM _ �f �1,I+ If1ldf �++ r • Sustainable site design F, Y11� ' ++�'r:�. :Y ;' itigar �w � =r.,: �.�,.a . • Stormwater management and "'i ` . .. --,.,. w_ green infrastructure �_ 4:• F kY ib-. _a: " 0 k$1 r `Y+ e LaBeLla} =F _— .4i / - Powered by partnership. Page 36 of 214 6dn A "1 y_ . * } -�3 �y x r•. 1 n di 4: c( r_ T /tL by 4... • .'f' ✓r ..•,+N _rJ' ..�rE"' art ,t,'t. -•-.•i,. •' v, _% t , '.-.-- . ' .,IC' ... 4111 :., ' ' — i t .-1,.,01151t: 1. . !;1,..,;:rizi; 47 v ,., h: ; • nvtcx .ir,ic __ _ - - _ r _ = We're . - placemakers. PARKS & RECREATION As communities,we thrive on social, cultural,and environmental interaction. At LaBella,we employ a Parks, recreation, playgrounds, We take extra care in selecting philosophical yet practical campgrounds, places to indulge new sites for community parks or approach to reimagine in performance art, reflect in recreational facilities. Early in our dynamic spaces and places memoriam, or let your furry design process,we assess how a to feed this need. friends run—these areas of concert pavilion will visually and activity, gathering, and respite audibly affect its surroundings. How?We listen. Collaboration provide an array of diverse We create public dialogue that with project leaders,vested experiences for residents and focuses on the refurbishment and stakeholders,and regional visitors.Their purpose is not to renewal of treasured memorials influencers feeds the vision. simply serve as a destination, Stormwater and lighting details The vision fuels the design, but to also evoke an emotion get our full attention to ensure which we carefully shape into By offering access to unique the safety of the users and best the existing landscape. habitats and preserving sensitive create a sustainable environment. As landscape architects,we landscapes,we can memorialize creates aces, but our true our history. LaBella helps you define, design, p and develop the kind of parks and goal is to give communities Our landscape architects create, recreation assets that residents their own authentic sense of rehabilitate, and improve upon and visitors are naturally drawn to place. the function, aesthetics, security, operation, maintenance, and accessibility of parks and recreation. --I - . 4 TRAILS 44,E ,. N ; _ �� Far more than a path ' through the Woods. a►°" •4..�3 . • ;. Be it a nature or interpretive trail, a Ntv , " , ' :.r'� A CC..* :�. greenway, or a rail-to-trail corridor, a+� =' ,� each trail type has a specialized set aS` .,x .f.:*4 Or *- t of existing conditions and regulatory `` y , :. y- , "r , requirements that necessitate a ate'"',' . -* ' .' team of professionals. !. �+>, ,.` Ill.! II b. ' ,' Before design,we begin with -' e._ a thorough inventory, concept se..-`� •�d• '* - mapping, and public engagement `' • ' . '*. process.Then comes design and the , �`` F '� elements that help blend a natural or tit; • environment with a safe one— ''''" , • bridges, lighting, signage, parking, '' :`- circulation. Our professionals provide expertise a -- in environmental sensitivity and ,;, ' permitting, hazardous materials f 4 Y s __ evaluations, structural engineering, ;; ,, r t_C P- 1 and transportation-oriented design, • -,(.- `.- :_= m ' , as well as with state transportation -. -.: authorities. i Sports and athletic fields hoste), s 1'N more than just athletes, they are f, - `4. prominent social hubs in each � �` ` community.We design natural grass -; a 'yI and synthetic turf fields, tennis and " �_ ,�,_ ,' pickleball courts, running tracks, and ._ swimmingpools All of these athletic �� facilities allow families, teams, bands, , and organizations to congregate ��— Y: over shared pride and interests. '. . 7. ti `q• Safety, maintenance, longevity, costs, - l•• I „ , ti "�—:, accessibility, and regulations are �., , critical to optimizing the game for ili it +,- S Tii ,,, .,, , athletes, fans, and staff alike.We take pride in our ability to educate clients 111 on their options. 1 Ili ME s '' I . Anything you need -- to up your game. SPORTS & ATHLETIC FACILITIES Page 38 of 214 SECTION 2 EXPERIENCE 1 LaBella P"Page39of214 PRIOR EXPERIENCE LaBella Associates is a full-service design firm specializing in infrastructure, buildings, environment, and energy. Our reach is widespread, through the United States and Europe,yet we remain rooted in the communities where we work, including a local office in Glens Falls, New York. Our over 1,70o professionals include landscape architects, engineers, architects, planners and grantwriters, environmental scientists, land surveyors, construction professionals, and more. LaBella's landscape architects and multi-disciplinary staff are experienced in a wide array of park, recreation, and community open space design.We take great care to understand the needs of each venue and focused user groups, and embrace the contextual attributes that contribute to the success of the solution.The following projects demonstrate our capabilities and experience relevant to the Memorial Park project. Town of Macedon: Gravino Park Plan LaBella was selected to support masterplan.The LaBella team the revitalization of an outdated worked closely with the vendor to park space in the Town of introduce a blend of natural and Macedon NY.Through multiple manufactured shade options to engagement events, it was reduce overall cost and increase found that repurposing a failing a natural feel to the space. court surface into an inclusive LaBella's grant management playground would serve as the team was able to assist the town !1!: Grawa Park primary focal point of the project. with securing the necessary gap I ' 10 , . The area, a former tennis and funding through multiple grant basketball court, offered no shade sources and construction on the to users.The LaBella landscape site will be completed in the Fall architecture team worked closely of 2026. with the town staff, community, and vendors to design a solution aligned with the park Village of Millerton: Eddie Collins Memorial Park LaBella worked hand in hand to design and implement Phase 1. '� r s with the Village of Millerton to create a recreation master plan The Village selected LaBella to 4.r- Phase complete 1 '', and feasibility study to reimagine advance and com p - ' . `. and reprogram their primary improvements,which includedt i recreational facility. a revisioning of their primary playground. Enhancements LaBella conducted an inventory included accessible and creative of facilities at the park, met with surfacing, dynamic pathways, various stakeholders to analyze existing equipment rehabilitation, the desired programming, and installation of new equipment, prepared numerous concept shade trees, rain gardens, green LaBella is currently assisting the alternatives for the park.The final infrastructure, and various site Village with schematic design for master plan was used to foster furnishings. Phase 1 also included Phase 2 improvements, including public support for the project as a natural soccer field, basketball a public swimming pool, pool well as a successful Consolidated courts, little league field with house, and community space. Funding Application (CFA)for accessible bleacher seating, $600,00o from the New York parking area, and entryway. Phase State Office of Parks, Recreation 1 improvements were completed LaBella and Historic Preservation (OPRHP) in October of 2022. Powered by partnership. Page 40 of 214 PRIOR EXPERIENCE City of Hornell: Union Square Park LaBella transformed a vacant 1,000-square-foot raised stage + lot site into the new Union and paved amphitheater, new .4 ,:,.,, Square Park in Hornell, NY. lighting, and an at-grade water Park construction was funded feature.A fountain creates a r I - by a$765,00o NYS Downtown vibrant and distinctive attraction 1 it � Revitalization Initiative(DRI) for residents and visitors alike. �r +' program grant, a$376,00o grant '"'` ' from OPRHP, and City funding for Special features include seating a total construction cost of over and the fountain,which can be $1.2 million. lit at nighttime by a specially designed LED lighting system. Union Square Park features A memorial monument honors will serve to host festivals, a unique public gathering fallen police officer Sgt. Daniel farmer's market, and other events. spaces linked together by an Swift. Green space, a concrete Awarded APWA New York Western integrated walkway network. plaza,wide sidewalks, and power Branch 2023 Project of the Year The park includes a covered supply installed to serve vendors in the Structures Si to$5 million pavilion for community events, a category eppm6Mlb Fllllnp 9III I R Pb9 A.n City of Poughkeepsie: Bartlett Park Improvements Master Plan a.1-"r*dn*"'°' • .� ftie Rb ?� On behalf of the City of an informational and interpretive ELITan,° pp„�,�, ' .. . ,� Poughkeepsie, LaBella prepared kiosk, drinking fountain, a natural •-,.-1. '` _Ilklnr�I VElryrtlhr Slp.{I .. - a master plan and construction outdoor amphitheater, and native '�' ' � �_ drawings for Bartlett Park. landscape paintings. I ZIL r. paemrlerld aefel4 t . duel Andeklcaid This passive neighborhood park The improvements at Bartlett - • provided a unique opportunity Park are aimed at providing a ue.May nhucunewr to enhance the existing park setting for local children and L Mille tdanxillor gay Loam I fl Mial Re with new play equipment and a families to gather, play, learn and universally accessible walking reconnect with each other and and provides an accessible path. It also includes site nature.The design is contingent recreation experience that is amenities such as park signage, upon universal design principles creative, natural, economical, and enduring. Village of Scotia: Collins Park _. For many years, the Village of The funding is being directed to Scotia has made substantial improving an existing bathroom * ' = efforts to enhance the facilities building for ADA compliance, e " and recreational amenities at this new backstops for the existing 0 $ "" ze popular park located on Collins ballfields, additional children's ' ' - Lake and bordering the Mohawk play equipment, resurfacing River.The park is comprised existing tennis courts, providing of numerous ball fields, tennis an interpretive kiosk, and an courts, picnic areas, children's improved connection to Freedom play areas, court games, Park adjacent to the Mohawk - walkways, and trails. River.The improvements are the park. Construction of the aimed at offering a greater improvements is fanned for LaBella, on behalf of the Village, level of service given the summer 2024. p submitted a successful CFA, extreme popularity and use of receiving funding from the NYS OPRHP. Page 41 of 214 PRIOR EXPERIENCE Village of Monroe: Smith's Clove Park " ; As the recreational and social various playground facilities. .4.• .7 , - -.; ' heart of the Village of Monroe, The concepts take advantage t !- Smith's Clove Park has seen a of existing site features while I', decline in overall condition of introducing complementary :3 t _ ,w 1,,, :; infrastructure and is in need of a natural playground elements fresh look to ensure enjoyment and creatively reimagining site t1 - •• • ' ' for future generations. LaBella circulation and topography. Some .- q collaborated with a committee of additional proposed features ; , fie ' engaged stakeholders in an effort include new play area surfacing, c j I). i '" '' to produce an innovative yet site furnishings, strategic ili functional and cost-effective plan shade structures, and overall for the rejuvenation of the Park's landscaping. I Town of Hillsdale: Hillsdale Hamlet Park : I i LaBella was retained by the worked closely with the Town's Town of Hillsdale to complete Project Committee to identify :.... a visioning process and master and prioritize sustainable design plan design for the restoration of elements that would both Hillsdale Hamlet Park. Located in enhance the existing recreational the heart of this small community, space and provide new inclusive =- I the parks existing facilities amenities for a diverse user "-` iiiiiiic: were recognized as outdated, group.The master plan serves i underutilized, or not well planned as a foundational document for future fundraising and grant LaBella led a community applications. engagement process and Town of Queensbury: Hovey Pond Park Improvements LaBella was commissioned by play elements including musical zG � ,� .4 the Town of Queensbury Parks features, protective fall surfacing, _ ,_ and Recreation Department to and decorative fencing. r.,.,} prepare a park master plan and implement priority improvements The Memorial Garden contains an - "� at Hovey Pond Park. Our organized framework for various _ . . team of landscape architects individual memorials within a 'r' developed conceptual designs large raised planting area that T1 _ and construction drawings includes granite stones around a . for inclusive play features, a circular design theme. . memorial garden, overlook The Overlook Pavilion provides shade trees provide for comfort pavilion, parking area plantings, a centralized gathering and and frame views for this quaint and other landscape and seating area within the park architectural feature. circulation enhancements. New circulation improvements The inclusive children's play area and seating provides access to provides a dynamic, interactive, the pavilion and views of Hovey and safe environment with Pond. Native plantings surround E universal access to a variety of the pavilion area and large '� 1 LaBella iiim Powered by partnership. Page 42 of 214 SECTION 3 FEE PROPOSAL 1 LaBella P"Page43of214 FEE SCHEDULE AND COST BREAKDOWN We have reviewed the Town's RFP Scope of Services and take no exception to the requested scope,and offer the following itemized clarifications/cost associations for tasks associated with the specific phases of the project: Scope Task Detail Fee Review of current condiitons Playground structures and surfacing review including opportunites and Site amenities and waLkways restrictions Exsisting shade and current/future tree canopy Site Evaluation and Underground utilities Exsisting Conditions AnaLysis of exsisting shade AnaLysis will be completed with GIS,CAD other and mapping/anaLysis tools due to project schedule(completed by spring) Suggestions to address gaps Found from shade anaLysis Comparison of shade coverage Estimates of probable costs improvement alternatives(3) Conceptual Drawings/render for visual rep. 2 review meetings Construction cost estimate for selected all. Total $ 18,300 Design development for selected Based on result of Evaluation Scope alternative Design Design Drawings Installation of structures Development Replace Repair of surfacing and waLkways and Impact and needs for utilities on site Construction Landscaping/planting plans Documents Design Development Meetings(2) Including Town Engineer and Dept staff Updated Cost Estimates Best estimates possible prior to bid process Total $ 15,500 Total Lump Sum $ 33,800 Updated per Town request 1/30/2025 to remove "Procurement and Bidding" from the scope of work. Page 44 of 214 SECTION 4 INSURANCE 1 LaBella P"Page45of214 LABEASS-01 AKEEFE ,d►coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pails-Kirwan Associates,Inc. PHONE FAX PO Box 40420 (A/c,No,Ext):(585)473-8000 (A/C,No):(585)340-1714 Rochester,NY 14604 E-MAIL ADDRESS:I reception@paris-kirwan.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Insurance Co 10804 INSURED INSURER B:Acadia Insurance Company 31325 LaBella Associates,D.P.C.&LaBella Associates, P.C. INSURER C:Clermont Insurance Company 33480 300 State Street,Suite 201 INSURER D: Rochester,NY 14614 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR W POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRINSD VD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPA5365357-17 11/7/2024 11/7/2025 DAMAGEES(S(EaRENTEDoccurrence) $ 1,000,000 PREMIS MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PED X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 000 (Ea accident) X ANY AUTO CAA5365358-17 11/7/2024 11/7/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNEDUUO N PROPERTY DAMAGE (Per PROPERTY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CUA5365359-17 11/7/2024 11/7/2025 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WCA5365360-16 11/7/2024 11/7/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If Additional Insured or Waiver of Subrogation status is noted for any policies,coverage applies only if required in a written contract or agreement. ****"PROOF OF INSURANCE**** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE LaBelle Associates,Street, D.P.C.&LaBella Associates,P.C. �'� f 300 State Street,Suite 201 (Rochester,NY 14614 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 46 of 214 Exhibit B Terms and Conditions Page 47 of 214 Terms and Conditions LaBella's Responsibilities: LaBella shall designate a representative authorized to act on its behalf with respect to the Project. All notices required under this Agreement shall be given to that representative. LaBella shall perform its services consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the same or similar circumstances. LaBella shall perform its services as expeditiously as is consistent with such professional skill and care, and the orderly progress of the Project. LaBella shall not at any time supervise, direct, control or have authority over any contractor or subcontractor's work, nor shall LaBella have authority over, or be responsible for, the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor or subcontractor, or the safety precautions and programs incident thereto, for safety or security at the Project location, nor for any failure of a contractor or subcontractor to comply with laws and regulations applicable to the performance of their work and the furnishing of materials on the Project. LaBella shall not be responsible for the acts or omissions of any contractor or subcontractor. Client's Responsibilities: Client shall designate a representative authorized to act on its behalf with respect to the Project. All notices required under this Agreement shall be given to that representative. Client shall provide LaBella with all available information regarding,and site access to,the Project necessary for LaBella to perform its professional services, including Client's requirements for the Project. Client also shall provide information regarding the Project site and any existing facilities, including destructive testing and investigation of concealed conditions and hazardous substances or injurious conditions. If Client does not perform destructive testing or investigation,nor provide information beyond that which is apparent by non-intrusive observations, or in the event documentation or information furnished by Client is inaccurate or incomplete, then any resulting damages, losses and expenses, including the cost of LaBella's changes in service or additional services, shall be borne by Client. Client shall examine documents submitted by LaBella and render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of LaBella's services. Additional Services: LaBella may provide additional services after execution of this Agreement without invalidating the Agreement. LaBella shall not proceed to provide any additional services, unless and until LaBella receives written direction from Client. Client shall compensate LaBella for additional services as set forth in LaBella's proposal, or any supplemental proposal or contract modification, or as agreed upon in writing signed by both parties. Assignment: Neither party may assign any benefit or obligation under this Agreement without the prior written consent of the other party, except LaBella may use the services of persons and entities not in LaBella's employ when appropriate and customary to do so. Page 48 of 214 Confidentiality: During the Project, confidential and/or proprietary information of the Client might be furnished to LaBella. LaBella shall use such information for the purpose of providing its professional services on the Project, and for no other purpose. LaBella shall hold such information in strict confidence and shall not disclose such information to any person or entity, except sub- consultants engaged on the Project or as required by law. Upon completion of its services,LaBella shall return or destroy all confidential and/or proprietary information to the Client. Instruments of Service: All documents prepared or furnished by LaBella pursuant to this Agreement are instruments of professional service, and LaBella shall retain its ownership and property interest therein, including all copyrights and the right to reuse the documents. Upon payment in full for services rendered, LaBella grants Client a license to use the instruments of service for the purposes of constructing, occupying and maintaining the Project. Reuse or modification of any documents by Client without LaBella's written permission shall be at Client's sole risk, and Client agrees to defend, indemnify, and hold LaBella harmless from all claims, damages and expenses, including attorneys' fees, arising out of such reuse by Client or by others acting through Client. Client and Client's contractors and other consultants may rely only upon printed copies (also known as hard copies) of documents that are signed and sealed by a licensed professional employed by LaBella.If there is any discrepancy between printed copies and any electronic copies, the most recent version of the printed and certified copies shall govern. Any electronic copies (files) provided by LaBella will be provided solely as a convenience and shall not be considered "Contract Documents," "Construction Documents" or any type of certified document. All documents considered"Contract Documents," "Construction Documents" or any type of certified document shall consist only of printed copies having an original signature and seal of a licensed professional employed by LaBella. Client is advised that electronic copies of documents can deteriorate or be inadvertently modified without LaBella's consent or may otherwise be corrupted or defective. Accordingly, Client and Client's contractors or other consultants may not rely upon the accuracy of any electronic copies of documents. Escalation: In the event the term of this Agreement is extended beyond the period of service set forth in LaBella's proposal, then compensation for professional services is subject to review and escalation by LaBella upon thirty(30) days written notice to Client. Suspension: Client may suspend this Agreement in whole or in part at any time for convenience upon seven(7)days written notice. Upon receipt of notice, LaBella shall immediately discontinue all services. LaBella shall be entitled to compensation for all services rendered up to the date of suspension. If the suspension exceeds three (3) months, an equitable adjustment in compensation shall be negotiated to compensate LaBella for all reasonable costs incurred by LaBella on account of the suspension of the Project. LaBella may suspend its performance under this Agreement if any delinquent amounts due for services and expenses have not been paid. LaBella may refuse to release drawings, plans, specifications, reports, maps, materials and any other instruments of service prepared by LaBella Page 49 of 214 for Client until all arrearages are paid in full. LaBella shall not be liable to Client for delay or any other damages due to any such suspension of services. Termination: Either party may terminate this Agreement for cause upon seven (7) days written notice with an opportunity to cure any default during that period. In any event, without regard to the party terminating the Agreement, Client shall remit payment of all amounts that are not in dispute no later than thirty(30) days after the date of each invoice. Disputes: The parties agree that mediation before a mutually agreeable neutral third party shall be a condition precedent to any legal action arising out of this Agreement,unless waived in writing by the parties. The cost of the mediation shall be borne equally by the parties. The mediation shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, unless the parties agree otherwise. No demand for mediation shall be made after the date that the applicable statute of limitations would bar a legal or equitable action based on the claim or dispute. Venue and Jurisdiction: Any legal suit, action or proceeding arising out of or relating to this agreement shall be instituted in a court of competent jurisdiction located in the state and county where the project is located. The parties hereby waive any objection which they may have now or hereafter to the venue of any such suit, action or proceeding, and hereby irrevocably consent to the personal jurisdiction of any such court in any such suit, action or proceeding. Choice of Law: This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state where the project is located without giving effect or reference to any conflict of laws provisions. Consequential Damages: In any suit, action or proceeding, the parties shall be entitled to recover compensatory damages incurred as a result of the breach of this Agreement, but, to the fullest extent permitted by law, neither party shall be liable to the other for any special, incidental, indirect, or consequential damages. Late Fees, Costs and Attorneys' Fees: An additional charge of 1.5% of an invoice will be imposed each month on all past due accounts. Imposition of such charges does not constitute an extension of the payment due date. If LaBella must bring suit to collect payment of any invoices, then Client agrees to pay LaBella's costs and expenses, including reasonable attorneys' fees. Remedies Cumulative: The rights and remedies available to a party under this Agreement are cumulative and in addition to, not exclusive of, or in substitution for, any other rights or remedies either party may have at law, or in equity, or under this Agreement. Nothing contained in this Agreement shall be deemed to preclude either party from seeking injunctive relief, if necessary, to prevent the other party from willfully or intentionally breaching its obligations under this Agreement or to compel the other party to perform its obligations hereunder. Non-Waiver: Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right Page 50 of 214 accruing under this Agreement, nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any part hereof, nor prejudice either party as regards any subsequent action. Force Majeure: Neither party to this Agreement shall be liable to the other for delays in performing the obligations called for by this Agreement, or the direct and indirect costs resulting from such delays, that are caused by labor strikes, riots, war, acts of government authorities other than the Client (if a governmental authority), extraordinary weather conditions, epidemics, pandemics or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. Severability: The provisions of this Agreement are hereby agreed and declared to be severable. Any term or provision of this Agreement which is held to be unenforceable by a court of competent jurisdiction shall be deemed to have been stricken from this Agreement, and the remaining terms and provisions of this Agreement shall be construed and enforced without such terms or provisions. Counterparts: This Agreement may be executed in one or more counterparts, each one of which shall be deemed an original,but all of which together shall constitute one and the same instrument. Scope of Agreement: This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral, except that terms specific to future projects shall be set forth in LaBella's proposals. This Agreement may be amended only by written instrument signed by both parties. Page 51 of 214 61' 47, m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Rejection of Bid- TA-25-01 - 2025-2026 Street Sweeping Services Date: February 5, 2025 Please see attached memo from Town Engineer Robert Wasp regarding the bid results for 2025-2026 Street Sweeping Services. The Town received only one proposal for this contract. At this time, Rob recommends the Board reject this proposal as it is significantly higher than the 2025 budget allows and we will re-bid the contract in 2025. Action Requested: Resolved that the Town Board hereby rejects Bid TA-25-01 - 2025-2026 Street Sweeping Services because it exceeds budget estimates. Page 52 of 214 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: February 5, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Rejection of Bid- TA-25-01 - 2025-2026 Street Sweeping Services General: Bid procurement was recently completed for the 2025 and 2026 Street Sweeping Services contract. The contract scope provides routine sweeping of all the streets, parking lots and paved areas owned and maintained by the Town of Mamaroneck. There are approximately thirty-nine miles of Town roads along with seven paved properties and parking areas that are covered under the contract. On January 27th, 2025, one (1) bid proposal was received as summarized on the attached bid tabulation table. Bid pricing was structured as an annual lump sum considering (30) days of street sweeping work during the contract term in 2025, with ability for a second-year extension in 2026. The sole proposal was provided from "Shawn's Lawns, Inc." at the submitted base bid price of $74,120.00 for each calendar year. The bid proposal received is significantly greater than the allocated budget available in the operating line DB5110-4235. It can be noted previous previous Town street sweeping contract holders did not submit proposals for the new contract advertisement. The Engineering Department recommends that the submitted bid proposal should be rejected. The contract will be re-bid with additional notice to encourage participation from prospective bidders. Please feel free to contact me with any questions. Attachment/s: Bid Tabulation TA2501 Page 53 of 214 Town of Mamaroneck =o 414. Engineering Department, Town Center do yao 740 W. Boston Post Road, Mamaroneck, NY 10543-3353 z w rn I o ~Founoeo 1661 Contract#TA-25-01 Street Sweeping Services Bid Opening Results,January 27th,2025 at 11:00 a.m. E.S.T. FINAL BID RESULTS Shawn's Lawns,Inc. Bid Item Stamford,CT 06902 Bid Bond: Yes Street Sweeping amd Debris Transport Services: Year 2025 $74,120.00 Street Sweeping amd Debris Transport Services: Year 2026 $74,120.00 Total Two Year Contract Amount S148,240.00 Page 54 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Proposed Local Law- "Regulation of Solar Energy" Date: February 5, 2025 Attached please find a memo from Town Attorney William Maker Jr, which proposes a local law that will permit and regulate systems that convert solar energy into electricity. Because the proposed law includes amendments to the zoning ordinance, if the Town Board considers the proposed law worthy of public discussion, they are required to refer it to the Planning Board for its recommendation. At a subsequent meeting the Town Board will need to set a public hearing. Action Requested: Resolved, that the Town Board hereby refers the Proposed Local Law - "Regulation of Solar Energy" to the Planning Board for review and recommendations. Attachment/s: 2025-01-31-LL and mx to TB Page 55 of 214 , 4,7 z0 \ o ,,,:,. Town of Mamaroneck z 44,8' n County of Westchester ~FOUNDED 36G * 740 West Boston Post Road, Mamaroneck,NY 10543-3353 COUNSEL TEL: 914/ 381-7815 FAX: 914/ 381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson,Town Administrator Allison May, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Solar Energy Date: January 31, 2025 I attach a proposed local law that will permit and regulate systems that convert solar energy into electricity, typically through rooftop solar panels. The smaller systems (defined as Tier 1 and Tier 2) will be allowed in all zoning districts. (In reading the proposed law this may not seem correct to you. That is because the permitted principal and accessory uses in a particular district often incorporate by reference such uses in other districts. For example, there is no mention of the R-6 zone;however, section 240-23 C,which governs the R-6 district,provides that the accessory uses permitted by section 240-21C are also allowed in the R-6 district. Thus, if this local law is adopted Tier 1 and 2 Solar Energy Systems will become permitted accessory uses in the larger residential districts and thus in the R-6 district.) Larger systems would be permitted only in the larger residential districts(R-30 and R-50), the multi-family district, the mixed use districts, the light industrial district and the recreation district. Because the local law includes amendments to the zoning ordinance, if the Town Board considers this proposed law worthy of public discussion, section 240-92 B. requires the Town Board to refer it to the Planning Board for its recommendation. The Planning Board has 45 days from receipt of the referral to render its report. Hence if the referral is made at the February 5th meeting, conducting a public hearing to consider whether to enact the law at the Town Board's April 2nd meeting will meet the referral timeline. } l Page 56 of 214 Local Law No. -2025 This local law shall be known as the`Regulation of Solar Energy" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The Town wishes to encourage the forms of energy that do not or minimize the use of fossil fuels. One such form is a system that converts sunlight into energy. Although the Town Board encourages the use of solar energy systems, it finds that regulating the construction and location of solar energy systems is important so that the installation of such systems will not have an unduly negative impact on the character of the Town. Section 2-Adoption of a new Chapter of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended by creating a new chapter that provides as follows: Chapter 181 Solar Energy § 181-1 Authority. This local law is adopted pursuant to sections 261-263 of the Town Law and section 20 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town law of the State of New York, to make provision, so far as conditions may permit, for the accommodation of solar energy systems (defined below) and equipment and access to sunlight necessary therefor. § 181-2 Purpose. This chapter is adopted for two purposes. First, to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment,with the following objectives: 1. To take advantage of sunlight, a safe, abundant, renewable and non-polluting energy resource, 2. To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses, Page 57 of 214 3. To increase employment and business development in the Town, to the extent reasonably practical,by furthering the installation of solar energy systems, 4. To mitigate the impacts of solar energy systems on environmental resources such as trees, wetlands,wildlife, and other protected resources, and 5. To create synergy between the use of solar energy and other goals of the Town's Comprehensive Plan adopted on May 22, 2024, and Second, regulate the construction and location of solar energy systems so that the installation of such systems will not have an unduly negative impact on the character of the Town. § 181-3 Definitions. As used in this section, the following terms shall have the meanings indicated,unless the context otherwise requires: BATTERY ENERGY STORAGE SYSTEM One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. A stand-alone 12-volt car battery or an electric motor vehicle shall not be deemed Battery Energy Storage Systems. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM A combination of Solar Panels and Solar Energy Equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption. FACILITY AREA The cumulative land area occupied for the operation of a solar energy generating facility. This shall include all areas and equipment within the facility area's perimeter boundary — including the solar energy system, onsite interconnection equipment, onsite electrical energy storage equipment, and any other associated equipment — as well as arty site improvements beyond the facility area's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features. GLARE The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respect. 2 Page 58 of 214 GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system which is secured to the ground via a pole, ballast system, or other mounting system, is detached from any other structure, and generates electricity for onsite or offsite consumption. KILOWATT (kW) A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kW. MEGAWATT (MW) A unit of power equal to 1,000 kW. The nameplate capacity of larger solar energy systems may be described in terms of MW. NAMEPLATE CAPACITY A solar energy system's maximum electric power output under optimal operating conditions. Nameplate Capacity may be expressed in terms of Alternating Current (AC) or Direct Current(DC). NATIVE PERENNIAL VEGETATION Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation. POLLINATOR Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects. ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption. SOLAR ACCESS Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties. SOLAR ENERGY EQUIPMENT Electrical material, hardware, inverters, conduit, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage of electricity. SOLAR ENERGY SYSTEM The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. Solar energy systems are classified as follows. 3 Page 59 of 214 A. Tier 1 Solar Energy Systems are: 1. Roof-Mounted Solar Energy Systems, 2. Building-Integrated Solar Energy Systems, or 3. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of up to 25 kW AC. B. Tier 2 Solar Energy Systems are Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate no more than 110% of the electricity consumed on the site over the previous 12 months. C. Tier 3 Solar Energy Systems are: 1. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate 110% or more of the electricity consumed on the site over the previous 12 months, or 2. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 1 MW AC but no more than 5 MW AC. D. Tier 4 Solar Energy Systems are solar energy systems which do not meet the definition of a Tier 1, Tier 2, or Tier 3 Solar Energy System. SOLAR PANEL A photovoltaic device capable of collecting and converting solar energy into electricity. § 181-4 Applicability. A. Solar energy systems constructed or installed prior to the effective date of this chapter shall not be required to meet its requirements. B. Modifications to a solar energy system constructed or installed prior to the effective date of this chapter that increases the Facility Area by more than 5% of the original Facility Area shall be subject to this chapter. Additional area enclosed due to the relocation of fencing shall not be included when calculating an increase in the size of a Facility Area. § 181-5 General Requirements. A. A building permit shall be required for the installation of all Solar Energy Systems. B. Prior to the issuance of the building permit or final approval by the Planning Board, construction and/or site plan documents must be signed and stamped by a New York State licensed Professional Engineer or Registered Architect. 4 Page 60 of 214 C. Wherever feasible,the Town Board, the Planning Board and the Board of Appeals may, and are encouraged to, condition approval of proposed developments on sites adjacent to Solar Energy Systems in a manner that will protect access by such Solar Energy System to sufficient sunlight to remain economically feasible over time. D. Issuance of approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617("SEQRA")]. E. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town Code. F. An applicant for a permit for a Solar Energy System that is subject to site plan review shall be required to pay the fees incurred by the Planning Board as provided in section 177-15 or section 177-14 of the Code. § 181-6 Tier 1 Solar Energy Systems. The Solar Energy Systems described in this section are Tier 1 Solar Energy Systems. Tier 1 Solar Energy Systems are permitted accessory buildings in all zoning districts and shall be exempt from site plan review but shall be subject to the following conditions: A. Roof-Mounted Solar Energy Systems (1) Roof-Mounted Solar Energy Systems shall incorporate, when feasible, the following design requirements (exceptions may be approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration): (a) Solar Panels on pitched roofs shall be mounted with a maximum distance of eight (8) inches between the roof surface and the highest edge of the system, shall be installed parallel to the roof surface on which they are mounted or attached and shall not extend higher than the highest point of the roof surface on which they are mounted or attached. (b) Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or more than twenty-four (24) inches above the flat surface of the roof, whichever is higher. (c) To reduce glare, all Solar Panels shall have anti-reflective coating(s). 5 Page 61 of 214 (d) All Roof-Mounted Solar Energy Systems must satisfy the height limitations specified for principal and accessory buildings within the zoning district in which the property is located. (2) Roof-Mounted solar Energy Systems shall be exempt from lot coverage requirements. B. Building-Integrated Solar Energy Systems shall be shown on the plans submitted with the building permit application for the building containing the system. C. Ground-Mounted Solar Energy Systems (a) Ground Mounted Solar Energy Systems must satisfy the setback requirements and the height limitations for accessory buildings within the zoning district in which the property is located. (b) In residential districts, Ground-Mounted Solar Energy Systems shall be installed only in rear yards. (c) To reduce glare, all Solar Panels shall have anti-reflective coating(s) D. All Tier 1 Solar Energy Systems shall be installed or erected in such a way as to minimize their appearance from adjacent properties to the extent reasonably practicable. E. Solar Energy Equipment shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and shading of properties lying to the north, while still providing adequate Solar Access. § 181-7 Tier 2 Solar Energy Systems. Tier 2 Solar Energy Systems are permitted accessory buildings in all zoning districts, shall be exempt from lot coverage requirements but shall be subject to site plan approval. Tier 2 Solar Energy Systems shall adhere to the same standards and requirements for Tier 1 Ground-Mounted Systems in Section 181-5. A. In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 2 Solar Energy Systems shall include the following: (1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Tier 2 Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for a Tier 2 Solar Energy System. 6 Page 62 of 214 (3) Nameplate Capacity of the Solar Energy System(as expressed in kW or MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features, including roads, of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage,fencing, landscaping, and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. (10)The FEMA designation of the Facility Area. B.Tier 2 Systems shall adhere to the following standards. (1) Tier 2 Solar Energy Systems shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. (2) Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. (3) To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area 7 Page 63 of 214 and integrated pest management practices shall be utilized to limit pesticide use (including herbicides)for long-term operation and site maintenance. § 181-8 Tier 3 Solar Energy Systems. Tier 3 Solar Energy Systems are permitted uses in the following zoning districts only: R-30, R- 50, R-TA,B-R, SB-R, B-MUB and R but shall be subject to site plan approval. A.In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 3 Solar Energy Systems shall include the following: (1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for a Tier 3 Solar Energy System. (3) Nameplate Capacity of the Solar Energy System(as expressed in MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features, including roads, of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing,landscaping, and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. 8 Page 64 of 214 (10)The FEMA designation of the Facility Area. (11) Erosion and sediment control and storm water management plans prepared in accordance with the provisions of Chapter 95 of the Code. (12)A Property Operation and Maintenance Plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming. (13) Decommissioning Plan [see Appendix 1] signed by the owner and/or operator of the Solar Energy System that addresses the following: [1] The time required to decommission and remove the Solar Energy System and any ancillary structures. [2] The time required to repair any damage caused to the Facility Area by the installation and removal of the Solar Energy System. [3] The cost of decommissioning and removing the Solar Energy System, as well as all necessary site remediation or restoration. If the owner or operator of a Solar Energy System changes or there is a change in ownership of the Facility Area, the site plan approval shall remain in effect, provided that the successor owner or operator assumes in writing all obligations of the decommissioning plan. A new owner or operator of a Solar Energy System shall notify the building department of such change in ownership or operator within 30 days of the ownership change. B. Prior to the issuance of a building permit, a decommissioning security deposit shall be made with the Town Clerk in the form of cash, bond, or other form of security reasonably acceptable to the Attorney for the Town in an amount sufficient to ensure the good faith performance of the terms and conditions of the site plan approval. C. The amount of the bond or security shall be 115% of the cost of removal and site restoration for the Tier 3 Solar Energy System and shall be reviewed every 5 years and updated as needed to reflect any changes (due to inflation or other cost changes). The decommissioning amount shall be reduced by the amount of the estimated salvage value of the Solar Energy System. The Building Inspector, the Town Engineer or the Director of Buildings and Land Use Administration may require an estimate of such costs signed and sealed by an engineer licensed by the State of New York. The decommissioning security deposit shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed. 9 Page 65 of 214 D. The Planning Board may issue site plan approval for a Tier 3 Solar Energy System only after it finds that all the following standards and conditions have been satisfied: (1)All utility lines located outside of the Facility Area are designed to be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment,including without limitation any poles, with new easements and right-of-way. (2)Vehicular paths within the Facility Area are designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction. E. No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Such information shall be depicted within an area that is no more than 8 square feet in size. F. Disconnect and other emergency shutoff information shall be displayed clearly on a light reflective surface in a manner that complies with the National Electric Code (NEC), A clearly visible warning sign concerning voltage shall be placed at the base of all pad- mounted transformers and substations. G. All Solar Panels shall have anti-reflective coating(s). H. Lighting of Tier 3 Solar Energy Systems shall be limited to what is minimally needed for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. I. The property on which a Tier 3 Solar Energy System is proposed shall meet the minimum lot size requirements of the zoning district in which the property is located. J. A Tier 3 Solar Energy System shall comply with the setback and lot coverage requirements for principal structures in the zoning district in which the property is located. Fencing, collection lines, access roads and landscaping may occur within such setbacks. K. All mechanical equipment, including any structure for Battery Energy Storage System components, shall be enclosed by a 7-foot-high fence with a self-locking gate to prevent unauthorized access. L. A Tier 3 Solar Energy System on a parcel less than 10 acres shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. M. A Tier 3 Solar Energy Systems on a parcel larger than 10 acres shall be required to: 10 Page 66 of 214 (1) Conduct a visual assessment of the visual impacts of the Solar Energy System on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided.Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, may be required to submitted by the applicant. (2) Submit a screening and landscaping plan that shows measures to screen views of Solar Panels and Solar Energy Equipment from public roadways and adjacent properties to the extent reasonably practical through landscaping, grading, or other means. (i) The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town. (ii) The Planning Board may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels. N. Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. O. Owners of a Tier 3 Solar Energy System shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing Native Perennial Vegetation and foraging habitat beneficial to game birds, songbirds, and Pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the Facility Area. P. To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area and integrated pest management practices shall be utilized to limit pesticide use(including herbicides) for long-term operation and site maintenance. Q. A Tier 3 Solar Energy System may not exceed 15 feet in height. 11 Page 67 of 214 § 181-9 Tier 4 Solar Energy Systems. All Tier 4 Solar Energy Systems are permitted uses in the following zoning districts only: LI and R and are subject to the site plan approval. A. In addition to the requirements for submitting an application for site plan approval, applications for site plan approval of a Tier 4 Solar Energy System shall follow the same application procedure as for a Tier 3 Solar Energy System. § 181-10 Safety. A. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes as required. B. Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Town of Mamaroneck Fire Department and, if a Tier 3 or a Tier 4 Solar Energy System is located in an ambulance district,the Town of Mamaroneck Ambulance District. C. If a Battery Energy Storage System is included as part of the Solar Energy System, it shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with all applicable laws and regulations. D. To facilitate access to the Facility Area by local first responders, an emergency key box or similar device shall be installed. The type of box and its location shall comply with Chapter 91 of the Code. § 181-11 Abandonment of Approval. A. Site plan approval for a Solar Energy System shall expire if a building permit therefor is not obtained within 36 months after the approval is given. If a building permit is obtained within 36 months after the approval is given but construction is not completed within 12 months after the building permit is issued, the applicant shall be allowed to request two 6-month extensions to complete construction. Approval of a request to extend the time to complete construction shall not be unreasonably withheld. If the owner and/or operator fails to perform substantial construction before the building permit or the last extension thereof expires, the site plan approval shall expire. B. If a Solar Energy System ceases to generate electricity on a continuous basis for twelve consecutive months, the Town may instruct the owner and/or operator of the Solar Energy System to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification. 12 Page 68 of 214 C. If the owner and/or operator fails to comply with decommissioning after being instructed to do so, the Town may utilize the decommissioning security deposit to remove the Solar Energy System and restore the Facility Area in accordance with the decommissioning plan. § 181-12 Enforcement. Any violation of this Solar Energy Law shall be subject to the same enforcement procedures, including the civil penalties,provided for violating the Town's zoning or land use laws. Appendix 1: Example Decommissioning Plan Date:[Datel Decommissioning Plan for[Solar Project Name],located at:[Solar Project Address] Prepared and submitted by polar Developer Name], the owner of]Solar Farm Namej The jSolar Developer Namej presents this decommissioning plan for polar Project Name] (the "Facility"). System decommissioning shall be required as a result of any of the following conditions: 1. The land lease—if any—ends,unless the project owner has acquired the land. 2. The Solar Energy System ceases to generate electricity on a continuous basis for 12 months. 3. The Solar Energy System is damaged and will not be repaired or replaced. If any of the above conditions are met, and upon instruction from the Town, Polar Developer Namej shall implement this decommissioning plan. System decommissioning and removal, as well as all necessary site restoration or remediation activities, shall be completed within 12 months. The owner of the land on which the Facility was installed or erected shall restore the property to its condition as it existed before the Facility was installed or erected, pursuant to which shall include the following: 1. Removal of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations located less than 36-inches below the soil surface. 2. Removal of any solid and hazardous waste caused by the Facility in accordance with local, state, and federal waste disposal regulations. 3. Removal of all graveled areas and access roads unless the landowner requests in writing for it to remain. An appendix is included in this plan to provide a project schedule detailing a breakdown of tasks required for the decommissioning removal of the system, including: 1. Time required to decommission and remove the system and any ancillary structures. 2. Time required to repair any damage caused to the property by the installation and removal of the system. 13 Page 69 of 214 The cost of system decommissioning and removal, as well as all necessary site remediation and restoration activities, is estimated to be $fXXX[ as of the date and time this application is filed. A decommissioning security has been executed in the amount of 115% of the cost of system decommissioning,removal, and site restoration. This cost estimate and decommissioning surety may be revisited every 5 years and updated as needed to account for inflation or other cost changes. The owner of the Facility, currently [Solar Developer Name, is responsible for this decommissioning. Facility Owner Signature: _ Date: Section 3—Amendment of an Existin Y Section of the Code of the Town of Mamaroneck Section 240-21 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (9), (10) and (11): § 240-21 One-Family Residence Districts: R-50,R-30,R-20,R-15,R-10 and R-7.5 C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (9) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (10) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (11) In R-30 and R-50 zoning districts only, Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 4—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-21.1 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (10), (11), (12 and (13): §240-21.1 Recreation District: R C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (10) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (11) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. 14 Page 70 of 214 (12) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. (13) Tier 4 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 5—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-25 of the Code of the Town of Mamaroneck is amended to add the following new subsection D: § 240-25 Business-Mixed Use Business District:B-MUB D. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (1) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (2) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (3) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Existing subsections D.,E., F and G. are re-lettered E., F., G, and H,respectively. Section 6—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-27 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraph(3): §240-27 Tower Apartment District:R-TA C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (3) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 7—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-30 D. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (4), (5) and (6): §240-30 Business-Residential District: B-R D. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). 15 Page 71 of 214 (4) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 8—Amendment of an Existinz Section of the Code of the Town of Mamaroneck Section 240-31 of the Code of the Town of Mamaroneck is renamed Service Business-Residential District: SB-R and subsection C.is amended to add the following new paragraphs (4), (5) and(6): §240-31 Service Business-Residential District: B-R C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (4) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 9—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-32 C. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: §240-32 Light Industrial: LI C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (1) The same as§ 240-31, above (2) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (3) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (4) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 4 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 10—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-52 A. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: 16 Page 72 of 214 The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residence district such fence or wall shall not exceed four feet in height in any required front yard and/or five feet in height in any required side or rear yard, except for fences or walls surrounding a Tier 3 Solar System (defined in Chapter 181) which can be as high as seven feet in height. For the purposes of this chapter, the height of any retaining wall shall be included in the computation of the height of a wall or fence placed on top of or above such retaining wall or at a distance of four feet or less horizontally from the retaining wall, in determining whether or not a wall or fence meets the heights restrictions of this provision. Section 11—Severabiliiv: 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 12—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 31,2025 17 Page 73 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Ambulance District Equipment- Lease Agreement Date: February 5, 2025 Attached, please find a memo from Mike Liverzani regarding the lease for Ambulance District equipment from Stryker Sales LLC. As you may recall, this lease combines all of the Town-owned equipment under one master lease agreement and covers maintenance, batteries, and service. The annual fee for services is guaranteed not to increase when renewed in 5 years. Action Requested: Resolved that the Town Board hereby approves the 5-year lease agreement with Stryker Sales LLC for Ambulance District equipment and maintenance for an annual amount not to exceed $203,616.00 with the option by Stryker to renew for an additional 5 years under the same terms and hereby authorizes the Town Administrator to execute the agreement and one extension if applicable and any related documents necessary to carry out its implementation. Attachment/s: Stryker Lease Agreement- Ambulance District Page 74 of 214 O q e• z Town of Mamaroneck ,tik. Town Center OUNOE 740 West Boston Post Road,Mamaroneck,NY 10543-3353 AMBULANCE DISTRICT TEL:914/381-7838 FAX:914/381-7809 mamk ambu i anced i s t @ tow no ftn amaro neck.a rg To: Meredith Robson Date: 1/31/25 From:Michael Liverzani Re: Stryker Lease Attached please find the Stryker equipment lease that we discussed in budget preparations. Bill Maker reviewed the contract and approved of the language after some negotiations with Stryker. The lease is for new stretchers, Power Loads, AED's, Lucas CPR devices and new heart monitors. This lease brings all of the Town owned equipment into one agreement that includes maintenance, batteries and service. The lease consists of 2 consecutive 5-year terms , and the equipment is replaced at the 5-year mark. The cost is $203,616 a year and guaranteed not to go up in the 10-year lease period. The expense will be allocated to the Ambulance District, Fire Dept, Police Dept, Recreation, Senior Center and Town Center budgets based on the equipment allocated to each department. Page 75 of 214 Flex Financial,a division of Stryker Sales,LLC Stryker 1901 Romence Road Parkway Portage, MI 49002 t: 1-888-308-3146 f:877-204-1332 Date:January 31,2025 RE: Reference no:0110231807 TOWN OF MAMARONECK AMBULANCE DISTRICT 740 W BOSTON POST RD MAMARONECK, New York 10543-3345 Thank you for choosing Stryker for your equipment needs. Enclosed please find the documents necessary to enter into the arrangement.Once all of the documents are completed, properly executed and returned to us,we will issue an order for the equipment. PLEASE COMPLETE ALL ENCLOSED DOCUMENTS TO EXPEDITE THE SHIPMENT OF YOUR ORDER. Master Agreement Lease Schedule to Master Agreement Exhibit A-Detail of Equipment State and Local Government Rider Opinion of Counsel Addendum **Conditions of Approval:Opinion of Counsel,Customer PO, State and Local Government Rider,Federal ID,Tax Exempt Certificate if applicable PLEASE PROVIDE THE FOLLOWING WITH THE COMPLETED DOCUMENTS: Federal tax ID number: Accounts Payable address: Purchase order number: Upfront Payment Check No: Contact name: (if applicable) Phone number: Email address: ADMINISTRATIVE CONTACT Administrative contact name: Administrative contact name: Email address: Email address: Phone number: Phone number: Please fax completed documents to(877)204-1332. If you have any questions regarding these documents,please email:StrykerFinancialSolutions@stryker.com. The proposal evidenced by these documents is valid through the last business day of November,2024 Sincerely, Flex Financial,a division of Stryker Sales,LLC Notice:To help the government fight the funding of terrorism and money laundering activities,U.S.Federal law requires financial institutions to obtain, verify and record information that identifies each person(individuals or businesses)who opens an account.What this means for you:When you open an account or add any additional service,we will ask you for your name,address,federal employer identification number and other information that will allow us to identify you.We may also ask to see other identifying documents.For your records,the federal employer identification number for Flex Financial,a Division of Stryker Sales,LLC is 38-2902424. Page 76 of 214 Agreement No.:0110231807 MASTER AGREEMENT No.0110231807 Stryker Owner: Customer: Flex Financial,a division of Stryker Sales,LLC TOWN OF MAMARONECK AMBULANCE DISTRICT 1901 Romence Road Parkway 740 W BOSTON POST RD Portage, MI 49002 MAMARONECK, New York 10543-3345 1. Master agreement. The undersigned Customer("Customer")unconditionally and irrevocably agrees with the above referenced Owner(together with all of its successors and Assignees,collectively,"Owner")to use or acquire,as applicable,the equipment and other personal property and services,if any(together with al additions and attachments to it and all substitutions for it,collectively,the"Equipment")described in each Equipment Schedule referencing this Agreement(which may be in the form of an Equipment Lease Schedule, Equipment Rental Schedule, Equipment Use Schedule, Fee Per Disposable Schedule, Fee Per Implant Schedule, Equipment Purchase Schedule or other schedule referencing this Agreement,each,together with any attachments thereto,an "Equipment Schedule' and purchased from the Supplier(s)noted in the applicable Equipment Schedule (each a"Supplier"). Each Equipment Schedule shall incorporate by reference al of the terms of this Agreement and shall constitute a separate agreement(each such Equipment Schedule,together with such incorporated terms of this Agreement, collectively,a"Schedule")that is assignable separately from each other Schedule.In the event of a conflict between this Agreement and the terms of an Equipmen Schedule,the terms of the Equipment Schedule shall prevail. No provision of a Schedule may be amended except in a writing signed by Owner's and Customer's duly authorized representatives. 2. Risk of loss. Effective upon delivery to Customer and continuing until the Equipment is returned to Owner in accordance with the terms of each Schedule Customer shall bear all risks of loss or damage to the Equipment and if any loss occurs Customer is nevertheless required to satisfy all of its obligations under each Schedule. 3. Payments/fees.All periodic payments, "Semi-Annual Differential"(if a Fee Per Disposable Schedule or Fee Per Implant Schedule)and other amounts due from Customer to Owner under a Schedule are collectively referred to as"Payments". Unless otherwise instructed by Owner in writing, all Payments shall be made to Owner's address in the applicable Schedule.Any payment by or on behalf of Customer that purports to be payment in full for any obligation under any Schedule may only be made after Owner's prior written agreement to accept such payment amount. If Customer fails to pay any amount due under a Schedule within ten (10)days after its due date,Customer agrees to pay a late charge equal to(as reasonable liquidated damages and not as a penalty)five percent(5%)of the amoun of each such late payment. If any check or funds transfer request for any Payment is returned to Owner unpaid, Customer shall pay Owner a service charge of$55 for each such returned check or request. Customer authorizes Owner to adjust the Payments at any time if taxes included in the Payments differ from Owner's estimate. Customer agrees that the Payments under a Schedule were calculated by Owner based, in part,on an interest rate equivalent as quoted on Bloomberg under the SOFR Swap Rate, that would have a repayment term equivalent to the initial term (or an interpolated rate if a like-term is not available)as reasonable determined by us(and if the SOFR Swap Rate is no longer provided by Bloomberg, such rate shall be determined in good faith by Owner from such sources as Owner shall determine to be comparable to Bloomberg[or any successor]),and in the event the date the Equipment is delivered to Customer under any Schedule is more than 30 days after Owner sends the Schedule to Customer,Owner may adjust the Payments once to compensate Owner, in good faith,for any increase in such rate. "SOFR"with respect to any day means the secured overnight financing rate published for such day by the Federal Reserve Bank of New York, as the administrator of the benchmark, (or a successor administrator)on the Federal Reserve Bank of New York's website as quoted by Bloomberg. 4. Equipment. Customer shall keep the Equipment free of liens,claims and encumbrances,and shall not modify, move,sell,transfer,or otherwise encumber any Equipment or permit any Equipment to be used by others or become attached to any realty, in each case without the prior written consent of Owner,which consent shall not be unreasonably withheld.Any modification or addition to any Equipment shall automatically become the sole property of Owner, unless the Schedule is an Equipment Purchase Schedule or Customer selects$1.00 Buyout for any Schedule. Owner shall have the right to enter Customer's premises during business hours to inspect any Equipment and observe its use upon at least one(1)day's prior written or verbal notice. Customer shall comply with all applicable laws, rules and regulations concerning the operation,ownership,use and/or possession of the Equipment. 5.Obligations absolute.Customer's Payments and other obligations under each Schedule are absolute and unconditional and non-cancelable regardless of any defect or damage to the Equipment (or Disposables/Implants, if applicable) or loss of possession, use or destruction of the Equipment (or Disposables/Implants, if applicable) and are not subject to any set-offs, recoupment, claims, abatements or defenses, provided that neither this Agreement nor any Equipment Schedule shall impair any express warrantees or indemnifications, written service agreements or other obligations of Stryker Corporation or any of its subsidiaries to Customer regarding the Equipment and Owner hereby assigns all of its rights in any Equipment warrantees to Customer.Customer waives all rights to any indirect, punitive,special or consequential damages in connection with the Equipment or any Schedule. 6. Use/assignment/disclaimers.All Equipment shall be used solely for business purposes, and not for personal or household use. Customer shall maintain the Equipment in good repair in accordance with the instructions of the Supplier so that it shall be able to operate in accordance with the manufacturer's specifications CUSTOMER SHALL NOT TRANSFER OR ASSIGN ANY OF ITS RIGHTS OR OBLIGATIONS UNDER ANY SCHEDULE OR EQUIPMENT without Owner's prior written consent,which consent shall not be unreasonably withheld.Customer shall promptly notify Owner in writing of any loss or damage to any Equipment.Owner shall own the Equipment(unless the Schedule is an Equipment Purchase Schedule or Customer selects$1.00 Buyout for any Schedule). Owner may sell,assign transfer or grant a security interest to any third party(each,an "Assignee")in any Equipment, Payments and/or Schedule,or interest therein, in whole or in part without notice to or consent by Customer. Customer agrees that Owner may assign its rights under and/or interest in each Schedule and the related Equipment to an Assignee immediately upon or any time after Owner's acceptance of each Schedule and upon such assignment, Customer consents to such assignment and acknowledges that references herein to"Owner"shall mean the Assignee. No Assignee shall assume or be liable for any of the Original Owner's(as defined below) obligations to Customer even though an Assignee may continue to bill and collect all of Customer's obligations under this Agreement in the name of"Flex Financial a division of Stryker Sales, LLC. "Customer acknowledges that such Assignee is not the manufacturer or supplier of any Equipment and is not responsible for its delivery, installation, repair, maintenance or servicing and no Assignee shall have any obligations or liabilities of any kind whatsoever concerning or relating to the Equipment. Customer has selected each Supplier and manufacturer and all of the Equipment. Neither the Original Owner, Supplier nor any manufacturer is an agent of any Assignee,and no representative of the Original Owner, manufacturer or any Supplier is authorized to bind any Assignee for any purpose or make any representation on Assignee's behalf. Customer agrees to look only to Stryker Sales, LLC (the "Original Owner"), the Supplier(s)or the manufacturer(s)for any defect or breach of warranty regarding the Equipment.AS TO ANY ASSIGNEE,CUSTOMER TAKES AND USES THE EQUIPMENT ON AN "AS-IS", "WHERE- IS" BASIS. ASSIGNEE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY EQUIPMENT, INCLUDING,WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT, IF ANY, THAT CUSTOMER HAS ANY CLAIMS, RIGHTS OR DEFENSES AGAINST THE ORIGINAL OWNER, ANY MANUFACTURER AND/OR ANY SUPPLIER,CUSTOMER SHALL RAISE SUCH CLAIMS,RIGHTS OR DEFENSES ONLY AGAINST THE ORIGINAL OWNER,MANUFACTURER OR SUPPLIER AND NOT AGAINST ASSIGNEE AND SHALL NONE-THE-LESS PAY ALL PAYMENTS AND OTHER AMOUNTS DUE UNDER A SCHEDULE TO THE ASSIGNEE ON THEIR RESPECTIVE DUE DATES WITHOUT ANY DEFENSE,RECOUPMENT,SETOFF,ABATEMENT,CLAIM OR COUNTERCLAIM OF ANY NATURE. THE ORIGINAL OWNER (INCLUDING FLEX FINANCIAL,A DIVISION OF STRYKER SALES, LLC) MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY EQUIPMENT. 7. Insurance/indemnification.Customer shall at all times maintain and provide Owner with certificates of insurance evidencing (i) third-party general liability insurance (covering death and personal injury and damage to third party property)with a minimum limit of$1 million combined single limit per occurrence and (ii) property insurance covering the Equipment against fire,theft,and other loss,damage or casualty for the full replacement value of the Equipment in each case with insurers acceptable to Owner. Such policies shall list Owner and each Assignee as an additional insured and sole loss payee, as applicable, for such insurance Such insurance policies shall require the insurer to provide Owner with at least 30 days'prior written notice of any material change in or cancellation of the insurance In the event that Owner determines that the insurance is not in effect, Owner may (but shall not be required to)obtain such insurance and add an insurance fee (which may include a profit)to the amounts due from Customer under the applicable Schedule.Upon any loss or damage to any Equipment,Customer shall continue to pay all Payments due under the related Schedule for the remainder of its term and shall, at Owner's sole election, either repair such Agreement#0110231807 Page 77 of 214 MASTER AGREEMENT No.0110231807 Stryker Equipment or replace it with comparable equipment satisfactory to Owner.Proceeds of insurance shall be paid to Owner with respect to any Equipment loss,damage theft or other casualty and shall,at the election of Owner,be applied either to the repair of the Equipment by payment by Owner directly to the party completing the repairs,or to the reimbursement of Customer for the cost of such repairs;provided,however,that Owner shall have no obligation to make such payment or any pars thereof until receipt of such evidence as Owner shall deem satisfactory that such repairs have been completed and further provided that Owner may apply such proceeds to the payment of any Payments or other sum due or to become due hereunder if at the time such proceeds are received by Owner there shall have occurred any Event of Default or any event which with lapse of time or notice,or both,would become an Event of Default.To the extent not expressly prohibited by applicable law, Customer will reimburse and defend Owner, including each Assignee for and against any losses, injuries, damages, liabilities,expenses,claims or legal proceedings asserted against or incurred by Owner, including any Assignee, relating to the Equipment and which relate to or arise out of Customer's act or omission or the act or omission of Customer's agents or employees or others(excluding Owner)with access to the Equipment.All Taxes and indemnity obligations shall survive the termination,cancellation or expiration of a Schedule. 8.UCC filings.CUSTOMER WAIVES ANY AND ALL RIGHTS AND REMEDIES GRANTED TO CUSTOMER BY SECTIONS 2A-508 THROUGH 2A-522 OF THE UNIFORM COMMERCIAL CODE("UCC").If and to the extent that this Agreement or a Schedule is deemed a security agreement(or if the Schedule is an Equipment Purchase Schedule or Customer selects$1.00 Buyout for any Schedule), Customer hereby grants to Owner,its successors and assigns,a security interest in all o Customer's rights under and interest in the Equipment,all additions to the Equipment and all proceeds of the foregoing.Such security interest secures all Payments and other obligations owing by Customer to Owner under the applicable Schedule. Customer authorizes Owner and any Assignee to file UCC financing statements disclosing Owner's or Assignee's interest in the Equipment. Customer shall provide Owner with at least 45 days'prior written notice of any change to Customer's principal place of business,organization or incorporation. 9.Taxes. (a)Reporting and Payment. If permitted by applicable law and except as noted below, Owner shall pay when and as due all sales, use, property, excise and other taxes,and all license and registration fees now or hereafter imposed by any governmental body or agency upon any Schedule or the ownership, use, possession, or sale of the Equipment,together with all interest and penalties for their late payment or non-payment("Taxes").Customer shall indemnify and hold Owner harmless from any such Taxes.Owner shall prepare and file all tax returns relating to Taxes for which Owner is responsible hereunder or which Owner is permitted to file under the laws of the applicable taxing jurisdiction. Except with respect to Equipment subject to an Equipment Purchase Schedule or$1.00 Buyout, Customer will not lisi any of the Equipment for property tax purposes or report any property tax assessed against the Equipment. Upon receipt of any tax bill pertaining to the Equipment from the appropriate taxing authority, Owner will pay such tax and will invoice Customer for the expense. Upon receipt of such invoice, Customer will promptly reimburse Owner for such expense. If the Equipment is subject to an Equipment Purchase Schedule or$1.00 Buyout,Customer shall report and pay all applicable property taxes on such Equipment.Nothing in this Subsection shall be deemed to prohibit Customer from reporting,for informational purposes only and to the extent required under applicable law,that it uses the Equipment. (b)Tax Ownership. (i) If Customer selects$1.00 Buyout for any Schedule,the parties intend that Customer shall be considered the owner of the Equipment for tax purposes; provided, however,that Owner shall not be deemed to have violated this Agreement or any Schedule by taking a tax position inconsistent with the foregoing to the extent such a position is required by law or is taken though inadvertence so long as such inadvertent tax position is reversed by Owner promptly upon its discovery. (ii)If Customer selects the Fair Market Value Option or the Fixed Purchase Option for any Schedule,the parties intend that the Schedule will not be a"conditiona sale",and that Owner shall at all times and for all purposes be considered the owner of the Equipment(including for income taxes purposes),and that such Schedule will convey to Customer no right,title or interest in any of the Equipment excepts the right to use the Equipment as described in the Schedule.Customer will not take any actions or positions inconsistent with treating Owner as the owner of the Equipment on or with respect to any income tax return. Should either the United States government(or agency thereof)or any state or local tax authority disallow,eliminate,reduce,recapture,or disqualify,in whole or in part, the Equipment tax benefits claimed under a Schedule by Owner as a result of any act or omission of Customer(collectively, "Tax Loss"), to the extent not prohibited by applicable law, Customer will indemnify Owner (on a net after tax basis) against all Tax Losses suffered, including the amount of any interest or penalties which might be assessed on Owner by the governmental authority(ies)with respect to such Tax Loss. All references to Owner in this Section include Owner and the consolidated taxpayer group of which Owner is a member.All of Owner's(including any Assignee's)rights, privileges and indemnities contained in this Section shall survive the expiration or other termination of this Agreement. The rights, privileges and indemnities contained herein are expressly made for the benefit of,and shall be enforceable by Owner(including any Assignee),or its respective successors and assigns. 10. Facsimile copies. Owner may from time to time, in its sole discretion, accept a photocopy or facsimile of this Agreement and/or any Schedule (bearing a photocopied or electronically transmitted copy of Customer's signature) as the binding and effective record of such agreement(s)whether or not an ink signed counterpart thereof is also received by Owner from Customer,provided,however,that no Schedule shall be binding on Owner unless and until executed by Owner Any such photocopy or electronically transmitted facsimile received by Owner shall when executed by Owner, constitute an original document for the purposes o establishing the provisions thereof and shall be legally admissible under the "best evidence rule"and binding on Customer as if Customer's manual ink signature was personally delivered. 11.Notices.All notices required or provided for in any Schedule,shall be in writing and shall be addressed to Customer or Owner,as the case may be,at its address set forth above or such other address as either such party may later designate in writing to the other party.Such notice shall be considered delivered and effective: (a)upon receipt,if delivered by hand or overnight courier,or(b)three(3)days after deposit with the U.S. Postal Service,if sent certified mail, return receipt requested with postage prepaid. No other means of delivery of notices shall be permitted. 12.Default;remedies.Customer will be in"default"under a Schedule,if any one or more of the following shall occur:(a)Customer or any Guarantor of any Schedule ("Guarantor")fails to pay Owner any Payment due under any Schedule within ten (10)days after it is due, or(b)Customer or any such Guarantor breaches any other term of any Schedule,or(c)Customer or any such Guarantor makes any misrepresentation to Owner,or(d)Customer or any such Guarantor fails to pay any other material obligation owed to Owner,any of Owner's affiliates,or any other party,or(e)Customer or any such Guarantor shall consent to the appointment of a receiver,trustee or liquidator of itself or a substantial part of its assets,or(f)there shall be filed by or against Customer or any such Guarantor a petition in bankruptcy, or(g)Customer's articles of incorporation or other formation documents shall be amended to change Customer's name and Customer fails to give Owner written notice of such change(including a copy of any such amendment)on or before the date such amendment becomes effective,or(h)Customer's legal existence in its state of incorporation or formation shall have lapsed or terminated, or(i)Customer shall dissolve, sell, transfer or otherwise dispose of all or substantially all of its assets,without Owner's prior written consent,which consent shall not be unreasonably withheld, or(j)without prior written consent of Owner,which consent shal not be unreasonably withheld,Customer merges or consolidates with any other entity and Customer is not the survivor of such merger or consolidation.Upon default, Owner may do any one or more of the following: (1)recover from Customer the sum of(A)any and all Payments, late charges and other amounts then due and owing under any or all Schedules,(B)accelerate and collect the unpaid balance of the remaining Payments scheduled to be paid under any or all Schedules,together with Owner's anticipated residual interest in any or all Equipment subject to them, both discounted to present value at a rate of 3% per annum, and (C)Owner's related reasonable attorneys'fees, collection costs and expenses; (2)enter upon Customer's premises and take possession of any or all of such Equipment; (3; terminate any or all Schedules; and/or(4) utilize any other right or remedy provided by applicable law. Customer shall also pay to Owner interest on all unpaid amounts due under a Schedule from the due date of such amounts until paid in full,at a rate per annum equal to the lower of 1-1/2%per month or the highest rate of interest permitted by applicable law(the "Default Interest Rate"). In the event the Equipment is returned or repossessed by Owner, Owner will, if commercially reasonable,sell or otherwise dispose of the Equipment,with notice as required by law,and apply the net proceeds after deducting the costs and expenses of such sale or other disposition, to Customer's obligations hereunder with Customer remaining liable for any deficiency and with any excess being retained by Owner or applied as required by law. If Customer fails to perform or comply with any of its agreements or obligations,Owner may perform or comply with such agreements or obligations in its own name or in Customer's name as attorney-in-fact and the amount of any payments and expenses of Owner incurred in connection with such performance or compliance,together with interest thereon at the Default Interest Rate,shall be payable by Customer to Owner upon demand.No express or implied waiver by Owner of any default or breach of Customer's obligations hereunder shall constitute a waiver of any other default or breach of Customer's obligations hereunder. Agreement#0110231807 Page 78 of 214 MASTER AGREEMENT No.0110231807 Stryker 13. Miscellaneous.All Schedules shall be binding on Customer's successors and permitted assigns,and shall be for the benefit of Owner and its successors and Assignees. EACH SCHEDULE SHALL BE GOVERNED BY THE LAWS OF MICHIGAN,WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICT OF LAWS OR CHOICE OF LAW. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATING TO ANY SCHEDULE OR EQUIPMENT. The parties do not intend to exceed any applicable usury laws. If for any reason a Schedule is held to constitute a loan of money, any amounts payable under such Schedule in excess of the applicable highest lawful rate of interest shall be deemed a prepayment of any principal amount due under the Schedule and, if such principal is paid in full,such excess amounts shall be immediately refunded to Customer. Customer agrees that i shall upon request from Owner, promptly provide to Owner a copy of Customer's most recent annual financial statements and any other financial information o Customer(including interim financial statements)that Owner may request.Customer authorizes Owner to share such information with Owner's affiliates for purposes of credit approval. Customer expressly authorizes credit reporting agencies and other persons to furnish credit information to Owner and its Assignees (and prospective Assignees),separately or jointly with other creditors or Owners,for use in connection with this Agreement or any Schedule.Customer agrees that Owner may provide any information or knowledge Owner may have about Customer or about any matter relating to this Agreement or any Schedule to any one or more Assignees(and prospective Assignees). Owners and joint users of such information are authorized to receive and exchange credit information and to update such information as appropriate during the term of this Agreement and each Schedule.Information about Customer may be used for marketing and administrative purposes and shared with Owner's affiliates.Customer may direct Owner not to share that information(except transaction and experience information and information needed for credit approval)with Owner's affiliates by writing to the Owner's address referenced above.This Agreement will not be valid until accepted by Owner(as evidenced by Owner's signature below). Customer represents and warrants to Owner, that effective on the date on which Customer executes this Agreement and each Schedule:(i)if Customer is a partnership,corporation,limited liability company or other legal entity,the execution and delivery of this Agreement and each Schedule and the performance of Customer's obligations hereunder and thereunder have been duly authorized by all necessary action on the part of the Customer; (ii)the person signing this Agreement and each Schedule on behalf of Customer is duly authorized; (iii)all information provided by Customer to Owner in connection with this Agreement and each Schedule is true and correct; and (iv)this Agreement and each Schedule constitute legal, valid and binding obligations of Customer enforceable against Customer in accordance with their terms.This Agreement and each Schedule may be executed in counterparts and any facsimile,photographic or other electronic transmission and/or electronic signing or manual signing of any Schedule by Customer and when manually countersigned by Owner or attached to Owner's original signature counterpart shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evidence thereof; provided, however, that: (i)if a Schedule constitutes"electronic chattel paper"or"an electronic record evidencing chattel paper" under the UCC and both Owner and Customer have signed electronically,the version identified by Owner as the"single authoritative copy"is the chattel paper for purposes of perfection by control and (ii)the Agreement may be signed electronically by both parties. . Customer agrees not to raise as a defense to the enforcement of this Agreement or any related documents hereto the fact that such documents were executed by electronic means.Any provision of a Schedule which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions of the Schedule, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. Paragraph headings are for convenience only,are not pars of the Schedule and shall not be deemed to affect the meaning or construction of any of the provisions hereof. Customer has not received any tax or accounting advice from Owner. This Agreement, any Schedules, any attachments to this Agreement or any Schedules and any express warrantees made by Stryker Sales LLC constitute the entire agreement between the parties hereto regarding the Equipment and its use and possession and supersede all prior agreements and discussions regarding the Equipment and any prior course of conduct.There are no agreements,oral or written,between the parties which are contrary to the terms of this Agreement and such other documents. CUSTOMER HAS READ THIS AGREEMENT AND EACH SCHEDULE BEFORE SIGNING IT. Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Agreement#0110231807 Page 79 of 214 strvker EQUIPMENT SCHEDULE NO. 001 TO MASTER AGREEMENT NO.0110231807 (Equipment Lease Schedule) Owner: Customer: Flex Financial,a division of Stryker Sales,LLC TOWN OF MAMARONECK AMBULANCE DISTRICT 1901 Romence Road Parkway 740 W BOSTON POST RD Portage, MI 49002 MAMARONECK,New York 10543-3345 Supplier:Stryker Sales, LLC,3800 E. Centre Avenue, Portage, MI 49002 Equipment description:see part I on attached Exhibit A (and/or as described in invoice(s)or equipment list attached hereto and made a part hereof collectively,the"Equipment") Equipment Location:740 W BOSTON POST RD,MAMARONECK,New York 10543-3345 Schedule of periodic rent payments: 5 Annual payments of$203,616.00(Plus Applicable Sales/Use Tax) Term in months:60 Minimum monthly uses: n/a Fee per use: n/a Purchase term(If blank,the Fair Market Value Option will be deemed chosen):Fair Market Value Option TERMS AND CONDITIONS 1. Lease agreement/term/acceptance/payments.The undersigned Customer("Customer")unconditionally and irrevocably agrees to lease from the Owner whose name is listed above("Owner")the Equipment described above,on the terms specified in this Schedule, including all attachments to this Schedule and in the Master Agreement referred to above (as amended from time to time, the "Agreement"). Except as modified herein, the terms of the Agreement are hereby ratified and incorporated into this Schedule as if set forth herein in full, and shall remain fully enforceable throughout the Term of this Schedule (as defined below). Capitalized terms used and not otherwise defined in this Schedule have the respective meanings given to those terms in the Agreement.The term of this Schedule("Term") shall start on the day the Equipment is delivered to Customer and shall continue for the number of months set forth above beginning with the Rent Commencement Date (as defined below). Customer shall be deemed to have accepted the Equipment for lease under this Schedule on the date that is ten (10)days after the date it is shipped to Customer by the Supplier("Acceptance Date")and,at Owner's request, Customer shall confirm for Owner such acceptance in writing. No acceptance of any item of Equipment may be revoked by Customer. The Periodic Rent Payments described above ("Periodic Rent")shall be paid commencing on (i)the first day of the month following the month in which the Acceptance Date occurs, if the Acceptance Date is on or before the 15th of the month, or(ii)the first day of the second month following the month in which the Acceptance Date occurs, if the Acceptance Date is after the 15th day of the month ("Rent Commencement Date"). Unless otherwise instructed by Owner in writing,all Periodic Rent and other amounts due hereunder shall be made to Owner's address above.Any payment by or on behalf of Customer that purports to be payment in full for any obligation under this Schedule may only be made after Owner's prior written agreement to accept such payment amount. Periodic Rent is due monthly beginning on the Rent Commencement Date and continuing on the same day of each consecutive month thereafter during the Term regardless of whether or not Customer receives an invoice for it. The Minimum Monthly Uses and Fee Per Use described above shall not affect the amount of any monthly payment. 2. Purchase terms/return of equipment. If either the Fair Market Value Option or the Fixed Purchase Option applies to this Schedule, upon expiration of the Term and provided that this Schedule has not been terminated early and Customer is in compliance with this Schedule in all respects, Customer may upon at least 90 but not more than 180 days prior written notice to Owner exercise the applicable purchase option and upon the giving of such notice Customer shall be irrevocably and unconditionally obligated to purchase all(but not less than all)of the Equipment for the purchase amount shown above(plus all applicable Taxes),which amount shall be due and payable upon the expiration of the Term of this Schedule. If the$1.00 Buyout applies to this Schedule,upon expiration of the Term,Customer shall pay all amounts owed by Customer hereunder but unpaid as of such date and $1.00(plus all applicable Taxes).Any purchase of the Equipment by Customer pursuant to a purchase option or$1.00 Buyout shall be "AS IS,WHERE IS",without representation or warranty of any kind from Owner. "Fair Market Value"shall be the amount determined by Owner as the fair market value of the Equipment on the basis of an arms-length sale between an informed and willing buyer who is currently in possession of the Equipment and a willing Seller under no compulsion to sell. Upon(x)any early termination of this Schedule or(y)the expiration of the Term of this Schedule and Customer has not exercised any option to purchase available to it under the terms of this Schedule,if any,the$1.00 Buyout does not apply and Customer has given Owner at least 90 days but not more than 180 days written notice by certified mail prior to the end of the Term(the"Return Notice")that Customer will return the Equipment to Owner, Customer shall at its expense, pack and insure the related Equipment and send it freight prepaid to a location designated by Owner in the contiguous 48 states of the United States. If Customer fails to give the Return Notice or the Return Notice is not sent timely, the Term will be automatically extended (upon the same terms and payments)until the first Periodic Rent Payment date which is more than 90 days after Customer has given Owner written notice by certified mail that Customer will return the Equipment to Owner and at the end of such extended Term,Customer shall return the Equipment as described above.All Equipment upon its return to Owner shall be in the same condition and appearance as when delivered to Customer,excepting only reasonable wear and tear from proper use and all such Equipment shall be eligible for manufacturer's maintenance. If Customer fails to return the Equipment as and when required,Customer shall continue to remit Periodic Rent("Remedial Payments")to Owner on the dates such payments would be payable under this Schedule as if this Schedule had not expired or terminated. 3. Miscellaneous. If Customer fails to pay(within thirty days of invoice date)any freight,sales tax or other amounts related to the Equipment which are not financed hereunder and are billed directly by Owner to Customer, such amounts shall be added to the Periodic Rent Payments set forth above (plus interest or additional charges thereon) and Customer authorizes Owner to adjust such Periodic Rent Payments accordingly. If the Fair Market Value Option or Fixed Purchase Option applies to this Schedule, Customer agrees that this Schedule is intended to be a "finance lease"as defined in§2A-103(1)(g)of the Uniform Commercial Code.This Schedule will not be valid until signed by Owner. Customer acknowledges that Customer has not received any tax or accounting advice from Owner. If Customer is required to report the components of its payment obligations hereunder to certain state and/or federal agencies or public health coverage programs such as Medicare, Medicaid, SCHIP or others,and such amounts are not adequately disclosed in any attachment hereto,then Stryker Sales, LLC will, upon Customer's written request, provide Customer with a detailed outline of the components of its payments which may include equipment, software, service and other related components. This Schedule may be executed in counterparts and any facsimile,photographic or other electronic transmission and/or electronic signing or manual signing of this Schedule by Customer and when manually countersigned by Owner or attached to Owner's original signature counterpart shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evidence thereof; provided, however,that if this Schedule constitutes"electronic chattel paper"or "an electronic record evidencing chattel paper"under the UCC and both Owner and Customer have signed electronically,the version identified by Owner as the"single authoritative copy"is the chattel paper for purposes of perfection by control. CUSTOMER HAS READ(AND UNDERSTANDS THE TERMS OF)THIS SCHEDULE BEFORE SIGNING IT: Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: A.meage ;4,10 -1 n 7 stryker Exhibit A to Lease Schedule001 to Master Agreement No.0110231807 Description of equipment Customer name:TOWN OF MAMARONECK AMBULANCE DISTRICT Delivery Location:740 W BOSTON POST RD,MAMARONECK,New York, 10543-3345 Part I-Equipment/Service Coverage(if applicable) Model number Equipment description Quantity 639005550001 MTS POWER LOAD 4 650705550001 6507 POWER PRO 2, HIGH CONFIG 4 650707000002 KIT,ALVARIUM BATTERY,SERVICE 4 650700450301 ASSEMBLY, BATTERY CHARGER 4 650700450102 ASSEMBLY,POWER CORD,NORTH AM 4 99576-000063 LUCAS 3,3.1, IN SHIPPING BOX, EN 4 11576-000071 LUCAS POWER SUPPLY WITHCORD,REDEL,CANADA,US 4 11576-000080 BATTERY,LUCAS,DARK GRAY 4 11576-000060 LUCAS BATTERY CHARGER,MAINS PLUG,US-CAN-JA 4 99512-001261 CR2BAAAABFHBBBCDBCDBAAAALPCR2 CONFIGURED 32 UNIT 11101-000021 KIT,SHIPPING,SINGLE ELECTRODE,LPCR2, LL,MULTI 30 11141-000165 KIT, REPLACEMENT BATTERY,LPCR2,MULTI 15 99425-000025 LP1000 CONFIGURED 1 UNIT1000AAAABAAACBBAAAAAAAAA 41425-000034 KIT,LITERATURE,LP1000,WRCHG,ENGLISH 1 41425-000045 LP1000,SHIPKIT,ELECTRODE 1 11425-000012 STRAP-BAG ASSEMBLY, STANDARD, LP1000 1 11141-000156 ASSY-BATTERY,PRIMARY,5/4C CELL,LIMN02,LP1000 1 26500-003457 INSTRUCTIONS,OPER,W RCHGBTY,LP1000,ENGLISH 1 70335-000042 LP35,EN-US,MAS-SP/CO,MED-0O2,SUN-NIBP,12L,WIFI/ 4 CELULN/CPRIN,STD,BT 11335-000001 BATTERY,LI-ION,WITH IFU, LP35 4 11140-000102 CHARGER, BATTERY, LP35 4 11140-000131 POWER CORD,C13 ST,10FT,HOSPITAL GRADE 4 11996-000090 ELECTRODE-EDGE,ADULT,QCRTS,WORLDWIDE 4 11996-000519 SENSOR,LNCS-II RAINBOW DCI 8-LAMBDA SPCO,ADULT M 4 11996-000520 SENSOR, LNCS-II RAINBOWDCIP 8-LAMBDA SPCO, PEDI 4 11996-000456 SENSOR,SP02, RDSET DCI,ADULT,REUSE,3FT,MASIMO 4 11996-000455 SENSOR,SP02, RDSETDCI-P,PEDS,REUSE,3FT,MASIMO 4 MVAO1000 FILTERLINE,ADV,AD,ORAL-N,02,STD,S-TERM, 100 1 MVAI1000 FILTERLINE,ADV,AD, PED,INTUBATED, S-TERM, 100 1 11335-000005 KIT,PRINTER,LP35 4 11335-000008 KIT,STORAGE BAGS,LP35 4 11260-000073 KIT,SHOULDER STRAP,LP35 4 TR-SPL-PL TR-SYK PL TO PL 4 TR-PP2-PP2 TRADE IN PP2 FOR PP2 4 TIM-LUC2-LUC3 TR-SYK LUCAS 2 TO LUC 3.1 4 TR-LPCRP-LPCR2 TR-SYK LP CR PLUS TO CR2 21 Page 81 of 214 stryker TR-LP1 K-LP1 K TR-SYK LP1000 TO LP1000 1 TR-LP15H-LP35 TRADE IN LP15 V4 HIGH FOR LP35 4 11150-000020 KIT,MODEM,NA, LP35 4 11240-000032 BOX-PAPER ROLL 2,100MM,ECG 24 31115788 ELECTRODE, ECG, MEDI-TRACE 5,600 PER CASE 4 11111-000041 ASSY,CABLE,ECG, 15 LEAD,3 WIRE PRECOR 4 Total equipment: $795,496.85 Service coverage: Model number Service coverage description Quantity Years POWERLOAD- PROCARE-SVC-POWER-LOAD 4 5.00 PROCARE POWERPRO- PROCARE-SVC-POWERPRO 4 5.00 PROCARE LUCAS-FLD- PROCARE-SVC-LUCAS-FIELD-REPAIR 4 5.00 PROCARE AED-FIELD- PROCARE-SVC-AED-FIELD-REPAIR 30 5.00 PROCARE AED-FIELD- PROCARE-SVC-AED-FIELD-REPAIR 1 5.00 PROCARE LIFEPK35-FLD- ProCare-SVC-LP35-FIELD-REPAIR 4 5.00 PRO 81000002 EMS LIFENET PRO TIER 2 1 5.00 Total service coverage: $243,215.00 Freight: $13,598.80 Total Amount: $1,052,310.65 Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Page 82 of 214 stryker Insurance requirements Customer name: TOWN OF MAMARONECK AMBULANCE DISTRICT Customer address: 740 W BOSTON POST RD, MAMARONECK, New York 10543-3345 Agreement no.: 0110231807 Equipment location: 740 W BOSTON POST RD, MAMARONECK, New York 10543-3345 Equipment description: Medical Equipment Insurable value: $795,496.85 Please complete the following or provide copies of property and general liability insurance certificates. Agency name: Address: Telephone no.: Email address: Contact name: By signing below,the customer authorizes Flex Financial to contact the insurance agent named above to issue: 1. All risks to property insurance with respect to the Equipment, evidenced by a certificate of insurance(on form Acord 27), naming Flex Financial, its successors and assigns as lender's loss payee. 2. Comprehensive general liability insurance with respect to the Equipment, evidenced by a certificate of insurance(on form Acord 25), naming Flex Financial, its successors and assigns as additional insured. The following insurance details must be noted on the certificate(s)of insurance provided by the insurance agent: • Property insurance deductible amount no more than $10,000.00 • Liability insurance minimum amount of$1,000,000.00 • Certificate holder: Flex Financial, a division of Stryker sales, LLC and its successors and assigns 1901 Romence Road Parkway Portage, MI 49002 Customer: Please forward this completed form to StrykerFinancialSolutions(a stryker.com as well as a copy to your insurance agent and have them include your agreement number(s) on the certificates of insurance(on forms Acord 25 and 27). Carrier: Please email certificates of insurance(on forms Acord 25 and 27)to StrykerFinancialSolutions(c stryker.com. Customer signature Signature: Date: Print name: Title: Page 83 of 214 stryker State and Local Government Customer Rider This State and Local Government Customer Rider (the "Rider") is an addition to and hereby made a part of SCHEDULE001 TO MASTER AGREEMENT No. 0110231807 (the "Agreement") between Flex Financial, a division of Stryker Sales, LLC ("Owner") and TOWN OF MAMARONECK AMBULANCE DISTRICT("Customer")to be executed simultaneously herewith and to which this Rider is attached.Capitalized terms used but not defined in this Rider shall have the respective meanings provided in the Agreement.Owner and Customer agree as follows: 1. Customer represents and warrants to Owner that as of the date of,and throughout the Term of,the Agreement:(a)Customer is a political subdivision of the state or commonwealth in which it is located and is organized and existing under the constitution and laws of such state or commonwealth; (b)Customer has complied, and will comply,fully with all applicable laws, rules,ordinances,and regulations governing open meetings,public bidding and appropriations required in connection with the Agreement,the performance of its obligations under the Agreement and the acquisition and use of the Equipment;(c)The person(s)signing the Agreement and any other documents required to be delivered in connection with the Agreement(collectively, the"Documents")have the authority to do so,are acting with the full authorization of Customer's governing body, and hold the offices indicated below their signatures, each of which are genuine; (d)The Documents are and will remain valid,legal and binding agreements,and are and will remain enforceable against Customer in accordance with their terms;and(e)The Equipment is essential to the immediate performance of a governmental or proprietary function by Customer within the scope of its authority and will be used during the Term of the Agreement only by Customer and only to perform such function. Customer further represents and warrants to Owner that, as of the date each item of Equipment becomes subject to the Agreement and any applicable schedule,it has funds available to pay all Agreement payments payable thereunder until the end of Customer's then current fiscal year, and, in this regard and upon Owner's request, Customer shall deliver in a form acceptable to Owner a resolution enacted by Customer's governing body,authorizing the appropriation of funds for the payment of Customer's obligations under the Agreement during Customer's then current fiscal year. 2. To the extent permitted by applicable law, Customer agrees to take all necessary and timely action during the Agreement Term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations under the Agreement(the"Obligations"),including,without limitation,providing for the Obligations in each budget submitted to obtain applicable appropriations,causing approval of such budget,and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the Obligations is not made. 3. Notwithstanding anything to the contrary provided in the Agreement,if Customer does not appropriate funds sufficient to make all payments due during any fiscal year under the Agreement and Customer does not otherwise have funds available to lawfully pay the Agreement payments (a "Non-Appropriation Event"), and provided Customer is not in default of any of Customer's obligations under such Agreement as of the effective date of such termination, Customer may terminate such Agreement effective as of the end of Customer's last funded fiscal year("Termination Date")without liability for future monthly charges or the early termination charge under such Agreement, if any,by giving at least 60 days'prior written notice of termination("Termination Notice")to Owner. 4. If Customer terminates the Agreement prior to the expiration of the end of the Agreement's initial(primary)term,or any extension or renewal thereof,as permitted under Section 3 above, Customer shall(i)on or before the Termination Date,at its expense, pack and insure the related Equipment and send it freight prepaid to a location designated by Owner in the contiguous 48 states of the United States and all Equipment upon its return to Owner shall be in the same condition and appearance as when delivered to Customer, excepting only reasonable wear and tear from proper use and all such Equipment shall be eligible for manufacturer's maintenance, (ii)provide in the Termination Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (iii)deliver to Owner, upon request by Owner, an opinion of Customer's counsel (addressed to Owner)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred,and(iv)pay Owner all sums payable to Owner under the Agreement up to and including the Termination Date. 5. Any provisions in this Rider that are in conflict with any applicable statute, law or rule shall be deemed omitted, modified or altered to the extent required to conform thereto, but the remaining provisions hereof shall remain enforceable as written. Customer signature Accepted by Flex Financial,a division of Stryker Sales, LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Page 84 of 214 stryker Opinion of Counsel Letter January 31,2024 Flex Financial,a division of Stryker Sales,LLC 1901 Romence Road Parkway Portage, MI 49002 Gentlemen/Ladies: Reference is made to SCHEDULE NO.001 TO MASTER AGREEMENT NO.0110231807 (collectively,the"Agreement")between Flex Financial a division of Stryker Sales, LLC,and TOWN OF MAMARONECK AMBULANCE DISTRICT(herein called"Customer")for the use of certain equipment,goods and/or services as described in the Agreement. Unless otherwise defined herein,terms which are defined or defined by reference in the Agreement or any exhibit or schedule thereto shall have the same meaning when used herein as such terms have therein. The undersigned is Counsel for the Customer in connection with the negotiation,execution and delivery of the Agreement,and as such I am able to render a legal opinion as follows: 1. The Customer is a public body corporate and politic of the State of New York and is authorized by the Constitution and laws of the State of New York to enter into the transactions contemplated by the Agreement and to carry out its obligations thereunder.The Customer's name set forth above is the full,true and correct legal name of the Customer. 2. The Agreement set forth above has been duly authorized,executed and delivered by the Customer and constitutes a valid,legal and binding agreement, enforceable in accordance with its terms. 3. No further approval,consent or withholding of objections is required from any federal,state or local governmental authority and the Customer complied with all open meeting and public bidding laws with respect to the entering into or performance by the Customer of the Agreement and the transactions contemplated thereby. 4. The Customer has no authority(statutory or otherwise)to terminate the Agreement prior to the end of its term for any reason other than pursuant to the State and Local Government Customer Rider(if there is such a Rider attached to the Agreement)for the nonappropriation of funds to pay the Agreement payments for any fiscal period during the term of the Agreement. Very truly yours, Signature Signature: Date: Print Name: Title: Agreement#: 0110231807 Page 85 of 214 stryker ADDENDUM TO LEASE SCHEDULE 001 TO MASTER AGREEMENT NO. 0110231807 BETWEEN FLEX FINANCIAL, A DIVISION OF STRYKER SALES, LLC AND TOWN OF MAMARONECK AMBULANCE DISTRICT This Addendum is hereby made a part of the schedule described above(the"Schedule"). In the event of a conflict between the provisions of this Addendum and the provisions of the Schdule ,the provisions of this Addendum shall control. The parties hereby agree as follows: 1. The fifth sentence of Section 1 of the Schedule is hereby replaced in its entirety with the following provision: Within twenty(20)days after the date the Equipment is delivered to Customer under this Schedule, Customer shall either: (i)accept the Equipment by executing and delivering to Owner a Certificate of Acceptance in form acceptable to Owner(and the date such written acceptance is delivered to Owner is hereinafter referred to as the"Acceptance Date");or(ii)reject the Equipment and promptly return the Equipment to Owner at which time this Schedule shall terminate. If Customer fails within twenty(20)days after the Equipment is delivered to Customer under this Schedule to execute and deliver to Owner a Certificate of Acceptance or reject and promptly return the Equipment to Owner the Customer shall be deemed to have accepted the Equipment for all purposes hereunder. 2. A new Section 4 is hereby added to the end of the Schedule which shall read as follows: 4. New Agreement. Upon expiration of the Term, provided no default or event of default has occurred and is continuing under the Agreement,Owner will,in its sole discretion,offer to enter into a new agreement with Customer for the financing of the same quantity of like-kind equipment to the Equipment without any increase in the amount of the Periodic Rent.Any agreement renewal is subject to the Customer's credit approval at that time, Owner's then-existing credit-review governance,and the execution of mutually acceptable documentation. Customer acknowledges and agrees that nothing in this provision changes Customer's obligations under the Agreement. Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Page 86 of 214 0 ul 1 rrl Town of Mamaroneck in # x Town Center FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2024 LMC Services Agreement Date: February 5, 2025 In your agenda packet, please find the most recent version of the 2024 LMC Services Agreement for your approval. Action Requested: Resolved that the Town Board hereby retroactively approves the 2024 agreement with LMC Media Inc. for providing services relating to the filming, editing and broadcast of Town meetings and events for a budget not to exceed $198,800 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: DRAFT 2024 -LMC 1.27.2025 CONSULTANT AGREEMENT Page 87 of 214 CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES 2024 THIS AGREEMENT, entered into this day of February 2025, by and between Larchmont Mamaroneck Community Television Inc., a New York corporation, located at 740 W. Boston Post Road, 3rd Floor, Mamaroneck, New York 10543, hereinafter referred to as "LMC" and the Town of Mamaroneck, a New York municipality located at 740 Boston Post Road, Mamaroneck, New York 10543, hereinafter referred to as the "TOWN". WHEREAS, the TOWN has the right, pursuant to federal law, and the Cable Franchise Agreements that the Town has entered into with Cablevision of Southern Westchester, Inc. and Verizon New York, Inc. to produce and broadcast public, educational and governmental programming over the cable operators' cable systems; and WHEREAS, the TOWN intends to enter Into an agreement with LMC for the purpose of providing services relating to the filming, editing and broadcast of certain TOWN meetings and events more fully described on Attachment "A" hereto; and WHEREAS, LMC has represented that they possess sufficient professional skills and experience to perform said services in a complete, timely and professional manner: NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows: I. SCOPE OF WORK LMC shall perform in a proper manner to the satisfaction of the TOWN, the scope of services identified herein and further described in and incorporated herein as Attachment"A". If additional work, over and above that specified in the Scope of Work as identified In Attachment "A" or that agreed to under this Agreement, is requested by the TOWN, such work shall be included in the compensation set forth in Section III(a). The programs and events for which the TOWN anticipates a need for LMC's services are described in Attachment "A" of this Agreement. II. TIME OF PERFORMANCE Unless otherwise adjusted by the TOWN, the services to be performed hereunder shall proceed expeditiously upon execution of this agreement and consistent with professional skill and care. III. COMPENSATION AND PAYMENT (a) For the period from January 1, 2024 through December 31, 2024, LMC's compensation shall be a flat fee of$198,800. Such flat fee shall be payable by the TOWN in twelve equal installments on the first day of each month per calendar year. (b) In the event that LMC requires PEG capital expenditures to support its operations, LMC shall present such requests to the TOWN for review by the Town Board. 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 88 of In the event the Town Board approves such a request, the amount of such funding shall not exceed available PEG funds. (c) Should this Agreement be terminated at any time prior to the expiration date, any compensation due to LMC by the TOWN shall be prorated based on the period from the Commencement Date until the date of termination, unless such compensation is the subject of a dispute between the parties. IV. COMPLIANCE WITH LAWS LMC shall observe and abide by all applicable laws, ordinances and regulations of federal, state and local governments in connection with the work performed hereunder. V. SUBCONTRACT, DELEGATION AND ASSIGNMENT This Agreement shall not be assigned, delegated or subcontracted, in whole or part, without the prior written consent of the TOWN which may be denied in the TOWN's sole discretion. Approval by the TOWN of any subcontractor shall not relieve LMC of any liability or responsibility for the proper performance of the work under this Agreement. VI. TERM This Agreement shall be in effect for a period beginning on January 1, 2024 ("Commencement Date") and ending December 31, 2024 ("Expiration Date"), unless terminated prior to such date in accordance with the requirements of this Agreement. VII. CONTROL Of CONTENT; OWNERSHIP AND REUSE Of MATERIALS (a) The TOWN shall have complete control over scheduling, administration and all other programming aspects of all content created under this Agreement, and may delegate such functions, or a portion of such functions, to an appropriate designee. LMC shall not prevent or delay the timely broadcast of any content produced under this Agreement except as expressly directed by the TOWN. In the event there is a conflict between the Town and LMC with respect to the airing of any content the parties will work together in good faith to reach an agreement with respect to airing such content. (b) LMC agrees that all materials created for the TOWN pursuant to the terms of this Agreement shall be the TOWN'S sole and exclusive property, and LMC hereby assigns all right, title and interest in same to TOWN. LMC further acknowledges that any original works of authorship LMC creates, whether alone or jointly with others, within the scope and during the Term of this Agreement, shall be deemed a "work made for hire" as defined by the United States Copyright Act and are protected in accordance therewith. To the extent that such work is not, by operation of law, a work made for hire, LMC hereby transfers and assigns to the TOWN all right, title and interest therein, up to and including 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 89 of copyright. The TOWN agrees that it shall grant LMC a nontransferable, worldwide, royalty free right to use the materials in perpetuity, provided that any use of such materials by LMC is consistent with Its mission and purpose as a 501(c)(3) charitable organization that provides access to local news. VIII. BREACH; TERMINATION (a) The TOWN may terminate this Agreement In the event of a material breach of the terms of this Agreement by LMC upon thirty (30) days' written notice to LMC. LMC shall be given this thirty (30) day period to cure such breach at which time the termination notice must be rescinded if such breach is cured. Such right to termination shall be in addition to all other remedies in law or equity available to the TOWN. IX. INDEMNIFICATION (a) LMC shall be responsible for all damage to life and property due to activities caused by it, its subcontractors, agents or employees in connection with its services under this Agreement. LMC specifically agrees that its subcontractors, agents, or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. Further, it is expressly understood that LMC shall indemnify and save harmless the TOWN from claims, suits, actions, damages and costs of every name and description resulting from the performance of the services performed under the scope of this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. (b) Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against LMC, or the TOWN beyond such as may legally exist irrespective of this Article or this Agreement. X. INSURANCE REQUIREMENTS (a) LMC shall, during the performance of the Work, maintain the following insurance in the types and amounts and with insurers satisfactory to the TOWN: 1)General Liability: $1,000,000; 2)Automobile Bodily Injury: $1,000,000 per Injury and $1,000,000 each occurrence 3)Automobile Property Damage: $1,000,000 each occurrence; 4) Workers' Compensation Insurance in an amount sufficient to satisfy all statutory requirements of the State of New York. (b) Prior to the execution of this lease, LMC shall furnish the TOWN with a Certificate of Insurance as evidence of the required insurance and such Certificate shall name the Town of Mamaroneck as an additional insured. The certificate of insurance naming the TOWN as additional insured must extend coverage to all salaried and non-salaried 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 90 of 214 employees, elected or appointed officials, volunteer organizations or persons, but only while performing duties on behalf of the Named Insured. (c) LMC shall provide for thirty (30) days written notice to the TOWN prior to cancellation of any insurance policy required under this Section X. (d) New and current certificates shall be provided within thirty {30) days of each policy renewal or change in coverage. (e) The TOWN shall be named as an additional Insured on coverages under General Liability as specified above. XI. INDEPENDENT CONTRACTOR The status of LMC under this Agreement shall be that of an independent contractor and not that of an employee or agent of the Town, and in accordance with such status, LMC, and their respective officers, agents, employees, representatives and servants, shall at all times during the term of this Agreement conduct themselves in a manner consistent with such status and by reason of this Agreement shall neither hold themselves out as, nor claim to be acting In the capacity of, officers, employees, agents, representatives or servants of the TOWN nor make any claim, demand or application for any right or privilege inconsistent with such status including, without limitation, vicarious liability, professional liability coverage or indemnification, rights or privileges derived from workers' compensation coverage, unemployment insurance benefits, social security coverage and retirement membership or credit. XII. SEVERABILITY If any term, covenant, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable the remainder of the provisions, hereof, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. XIII. TRANSFERABILITY OF INTEREST LMC shall not assign, sublet, or otherwise transfer its interest In this Agreement without the written consent of the TOWN which may be denied In the TOWN'S sole discretion. XIV. GOVERNING LAWS The validity or construction of this Agreement, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of New York. XV. SUPPLEMENTS TO AGREEMENTS The following attachments, supplements or addendums form an integral part of this Agreement. Attachment "A" - "SCOPE OF WORK" 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 91 of 21 XVI. SURVIVABILITY Articles IV, VII(b), IX and X shall survive termination of this Agreement. XVII. ENTIRE AGREEMENT This Agreement constitutes the whole agreement between the parties with respect to the subject matter contained herein and there are no terms other than those contained herein. No modification or amendment of this Agreement shall be valid unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. Town of Mamaroneck LMC Media Meredith S. Robson Name Town Administrator Title Signature Signature 1/27/2025 12:59 PM 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 92 of ATTACHMENT A TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE TOWN OF MAMARONECK AND LARCHMONT MAMARONECK COMMUNITY TELEVISION INC. The parties agree that the scope of work to be provided to the TOWN by LMC is as follows exclusively for the term of this agreement: 1. LMC will record the following events: all regular meetings of the Town Board; special Town events such as the Food Truck Festival and Bunny Run; Tri-Municipal 9/11 ceremony; such other limited events as the Town may request. 2. LMC will provide all necessary staff and equipment to facilitate such recording to the extent that such equipment is not provided by the TOWN. LMC shall provide CATV technical support and assistance, including equipment trouble shooting and problem resolution, procedure review and documentation, and production assistant responsibilities, such as camera set- up and operation, as well as other roles and duties associated with the planning, production, and broadcast of cablecast programs and will be responsible for timely production and broadcast of all content aired on the government access channels assigned to the Town by its cable franchises. LMC will also make all Town content available for on- demand web access at LMCMedia.org. 3. LMC will facilitate the transmission of all content recorded on behalf of the TOWN to the headends of Altice and Verizon in order to allow for the broadcast of such content on the respective cable operators' cable systems. Such transmission will be made via the existing or future infrastructure constructed under the TOWN's cable franchise agreements with Verizon New York, Inc. and Cablevision of Southern Westchester, Inc. 4. LMC will not downgrade in quality or otherwise limit or delay the transmission of such content to the respective cable operators' headends except as expressly directed by the TOWN. LMC will not be penalized for any system failure beyond their control. 5. The TOWN shall have the right, exercisable in its sole discretion to request that LMC record and broadcast no more than 25 events or content not expressly contemplated by this Agreement("Additional Programs") for no additional cost. The TOWN will make every effort to provide LMC with a minimum of ten (10) days' notice of such Additional Programs, including the date and anticipated timeframe for which representatives of LMC will need to be present to record the Additional Programs. LMC shall make commercially reasonable efforts to facilitate such recording and broadcast and, should LMC be unable to perform the requested services, LMC shall provide to the TOWN a written denial of the request and an explanation as to why LMC is unable to perform the requested services. 6. LMC agrees that it will continue its community partnership and marketing of nonprofits and municipal activities on social media. 7. LMC agrees that will provide market rates to the citizens, businesses and non-profits for their use of LMC staff and services. --end-- 1/27/2025 12:59 PM 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 93 of 61' 47, m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2025 Town Parking Opportunities Date: February 5, 2025 Please see the attached memo from Town Clerk Allison May with a review of the 2024 Parking Survey. Action Requested: For discussion purposes, only, at this time. Page 94 of 214 u_r Town of Mamaroneck Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: February 5, 2025 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: 2025 Town Parking Opportunities General: In 2024, the Town Clerk's office conducted a parking survey to analyze commuter parking trends and identify opportunities in our Town's parking permit offerings. The attached review sheet highlights several of these opportunities which we would like to pursue. This discussion would pave the way for us to begin working with Attorney Maker on the necessary amendments to the Town Code. We hope to have everything in place for May 2025 renewals. Attachment/s: 2025 Town Parking Opportunities Recap Page 95 of 214 a N W a) = s toL -0 4A .N N s Q uo 'EIMP ca Ca O W 0S. N C i Q To o 4-Jail Cf) co o O c G) CO •W Ca � � 4 ' ._ U Q CV s a) I— A, co w > U �+ a) m co O S. J •- 0 Ca p •— ■ CO .� N I • _ i+� ao ca 3 cif c 0) 110 • N W 0 N 2 N 0- o ' _ C o ca o W ° CU • — , ' cW Via) - oa� •3 WW i L. _1 -0 °' o Q m co CO •- �COCOO O N m � t; ca CC 4-0ri (1) U O Ca O. C N ••"+ OCO � O S. O. N Ts Ca U 4A Ca •C Ca 0. C = 7, Luct„ a ,,_ (/) LI -0 cn cn cu .7' w co ct U Is: U JW W O = „ c > }+ a) = alI- O w i 2 2 U O I- O QcJ8 a W s s c US.c CC i U i U co • • • • Page 96 of 214 a N W a) = s toL -0 4A .N N s Q uo 'EIMP ca Ca O W 0S. N C i Q To o 4-Jail Cf) co o O c G) CO •W Ca � � 4 ' ._ U Q CV s a) I— A, co w > U �+ a) m co O S. J •- 0 Ca p •— ■ CO .� N I • _ i+� ao ca 3 cif c 0) 110 • N W 0 N 2 N 0- o ' _ C o ca o W ° CU • — , ' cW Via) - oa� •3 WW i L. _1 -0 °' o Q m co CO •- �COCOO O N m � t; ca CC 4-0ri (1) U O Ca O. C N ••"+ OCO � O S. O. N Ts Ca U 4A Ca •C Ca 0. C = 7, Luct„ a ,,_ (/) LI -0 cn cn cu .7' w co ct U Is: U JW W O = „ c > }+ a) = alI- O w i 2 2 U O I- O QcJ8 a W s s c US.c CC i U i U co • • • • Page 97 of 214 o u `" m Town of Mamaroneck if X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Fire Claims 2-5-25 Date: February 5, 2025 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 98 of 214 u_rt1;' 'rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: February 5, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims 2-5-25 General: Attached is the list of fire claims for approval. Attachment/s: FIRE CLAIMS-2-5-25 Page 99 of 214 TOWN OF MAMARONECK FROM: TRACY YOGMAN-TOWN COMPTROLLER RE: Fire Claims Date 5-Feb-25 The following Town of Mamaroneck Fire Department claims have been certified by Chief Alex Rapp and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION AMOUNT Amazon.Com New keypad,file holder,battery for meter $ 103.65 Grainger Ice melt spreader $ 40.94 Tools for Dewalt Grinder&L19 toolbox,DW 20V 2 pk Home Depot batteries $ 357.82 Morris-Croker LLC Saw for L19-battery operated,blades for new saw $ 3,310.30 Ready Refresh Water Cooler Rental 12/19/24-1/18/25 $ 195.96 Verizon Fire HQ service 1/10-2/9/25 $ 296.31 Dept Drill-equipment inventory 12/10/24,Ice Rescue Drill Village Pizza&Pasta 1/4/25-meals $ 385.05 Bailout Training w/Purchase FD 12/28/24,Building Villa Maria Pizza Familiarization Drill 1/18/25,Fast Drill 1/22/25-meals $ 192.70 Total $ 4,882.73 Page 100 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Revised Easement—59 Maple Hill Drive Date: February 5, 2025 Please see the attached memo from Town Engineer Robert Wasp regarding an amended easement agreement for 59 Maple Hill Drive, Larchmont,NY 10538. Action Requested: Resolved that the Town Board hereby approves the easement agreement between the Town of Mamaroneck and the Owners of 59 Maple Hill Drive, Larchmont, NY 10538 as presented and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 101 of 214 v u_rt1;' 'rn Town of Mamaroneck Town Attorney, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: January 27, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: William Maker Jr.Town Attorney Subject: Revised Easement—59 Maple Hill Drive General: Installation of a private drain connection is proposed to a Town storm sewer catch basin from new stormwater management practice located on the 59 Maple Hill Drive property. The new connection requires the installation of approximately 57 linear feet of 6-inch diameter piping within the shoulder area of Maple Hill Drive that necessitates an easement agreement between the Town and property owner prior to the issuance of permits. The attached easement agreement and supporting documents have been drafted by the Applicant based upon the Town's standard template as developed with Mr. Maker. The easement creates a 15' width area along the length of the proposed private drain pipe to allow for continued maintenance access by the Owner. The Applicant will be responsible to restore all disturbed areas of the Town right-of-way in accordance with Town construction specifications. Maintenance of the proposed private drain connection is the responsibility of the owners of 59 Maple Hill Drive and their successors. The Applicant has applied to obtain Town Surface Water and Erosion Control (SWEC) and Highway permits from the Engineering Department for the proposed scope of work that will when all issuance criteria are met, including execution of the subject easement agreement. There are no expected utility impacts for the proposed private drain connection due to the small pipe size and shallow depth of required installation. The Engineering Department has reviewed the attached documents and recommends that authorization should be granted for the Town Administrator to execute the agreement. Please feel free to contact me with any questions. Attachment/s: Easement Agmt with Enc59 Maple Hill Dr01082025 Page 102 of 214 Basement Agreement This Agreement made as of 2025 between Steven Shepard and Patricia Shepard ("Owners"), residing at 59 Maple Hill Drive, Larchmont, NY 10538 and the Town of Mamaroneck ("Town"), a municipal corporation having its principal offices at 740 West Boston Post Road,Mamaroneck,NY 10543. Recitals Whereas, the Owners own the real property known by the postal address of 59 Maple Hill Drive,Larchmont,NY 10538 ("Owners' Property") and designated as Section 1,Block 22,Lot 330 on the Tax Assessment Map of the Town of Mamaroneck, and Whereas,the Owners plan to construct a Storm Sewer Line consisting of a trench drain at the end of the driveway and piping leading from the trench drain, proceeding underneath the public right of way of Maple Hill Drive to the Catch Basin (defined below)where it will be connected to the Catch Basin for overflow, and Whereas, in order to accomplish this result, the Owners need permission from the Town for an underground storm sewer line within the right of way of Maple Hill Drive, and Whereas, the Town is amenable to granting an easement to the Owners in/under the right of way of Maple Hill Drive for this purpose. Now,therefore,intending to be bound,the parties agree as follows: 1. Other Definitions.For the purpose of this agreement,the following terms shall have the following meanings: "Catch Basin" means the existing public storm water catch basin located in front of the real property known by the postal address of 59 Maple Hill Drive(Section 1,Block [li Page 103 of 214 22, Lot 322 on the Tax Assessment Map of the Town of Mamaroneck), northeast of the intersection of Maple Hill Drive and Orsini Drive. "Storm Sewer Line" means a storm water sewer line made of polyvinyl chloride (PVC) and conduits, connections, drains, filters, fittings, gates, mains, manholes, pipes and valves which the Owners may install, connect, construct, extend, lay, maintain, repair, replace or reconstruct in the Easement Area. "Easement Area" means the portion of Town right-of-way located between the Town curbing and the boundary of the owner's property occupied by the storm sewer line. "Owners" means Steven Shepard and Patricia Shepard, and their agents, contractors, employees and licensees and their grantees, successors, assigns, distributees, legatees and personal representatives. The Shepards shall cease to be "Owners" when neither of them holds title to the Owner's Property. "Repair" and"Repaired"means whatever work is reasonably required in order to restore the Storm Sewer Line to the level of functionality it had when installed. The term includes not only repairs but also replacement and reconstruction if reasonably required. "Tax" has the same meaning as the definition of"tax" or "taxation" contained in section 102 (20)of the New York Real Property Tax Law. "Work" means the installation of the Storm Sewer Line and its maintenance, repair, replacement or reconstruction. 2. Grant of an Easement. (i) (i)The Town grants and conveys to the Owners a perpetual,but not exclusive, [2] Page 104 of 214 easement,under,through and across the Easement Area to install,connect, construct,extend,lay,maintain,repair, replace or reconstruct the Storm Sewer Line for the sole purpose of transporting storm water from the Owners'Property to the Catch Basin. (ii)The Storm Sewer Line and its outlet connection to the Catch Basin shall be installed in a manner that conforms to the plan submitted by the Owners to, and approved by the Town Engineer(which approval will not be unreasonably withheld).All staging and storage of materials required for Work related to the Storm Sewer Line shall not be placed within the pavement limits of Maple Hill Drive.The Owners shall be required to maintain ingress and egress to Maple Hill Drive via the existing driveway curb cut during the Work.Where required by the Town,the Owners shall follow this same protocol whenever the Storm Sewer Line needs to be maintained or repaired. (iii)Before commencing construction,the Owners shall a. provide the Town with a certificate of insurance, issued by an insurance company that has an AM Best rating of "A" or better, that has required minimum coverages b. obtain a Highway permit from the Town's Engineering Depar€xuent,and c. obtain whatever other approvals or permits may be required in order to do the Work. (iv) The Owners shall use their best efforts to perform the Work expeditiously [3] Page 105 of 214 and with the least possible interference to the pedestrian and motor vehicular traffic on Maple Hill Drive. The sidewalks, curbs and the paved roadway disturbed by the Work will be restored as soon as possible (weather permitting) to the condition that existed before the Work commenced. (v)The areas disturbed by the Work performed pursuant to this paragraph will not be left in a hazardous condition when the Work ceases at the end of a day. (vi) The Owners will hold a pre-construction meeting with the Town Engineer before the Work is commenced (b) The Owners shall be responsible for paying all of the costs incurred in connection with the Work. The Owners shall indemnify and hold the Town harmless from any claims for personal injury, death or property damage against the Town that directly arise out of the work and that do not arise, in whole or in part, from any negligence by the town or the Town's agents. if any such claims are brought by any person in a lawsuit against the Town, then the owners, at their sole cost and expense, shall reimburse the town for the Town's costs and expenses reasonably incurred in connection with such litigation. Such costs and expenses shall include, but not be limited to reasonable fees of attorneys and experts necessary in order to defend the Town against any such claims. (c) The parties recognize that the Owners' Property has been developed with a single-family residence and that the Owners are granted this easement with the understanding that the Storm Sewer Line will be used to drain storm water only from the Owners'Property. 141 Page 106 of 214 3. Maintenance and Repair. (a) The Owners, at their sole cost and expense, shall be responsible for the routine maintenance of the Storm Sewer Line. (b) The Owners, at their sole cost and expense, also shall be responsible for the Repair of the Storm Sewer Line regardless of the cause of the damage to the Storm Sewer Line.. By accepting this responsibility, the Owners do not waive whatever recourse they may have to obtain redress from a third-party who may have caused the damage that requires the Storm Sewer Line to be Repaired;however, having recourse against a third party is not grounds for delaying the Repair. (c)If Repair of the Storm Sewer Line is necessary, the Town may use the procedures in this paragraph to enforce the Owners' duty to repair. The Town must give Owners written notice of the Repairs that are needed. If Owners do not cause those Repairs to occur within 60 calendar days of that written notice, the Town shall have the right but not the obligation, to conduct the Repair.The Owners shall reimburse the Town for all of the "soft" and"hard"costs incurred to maintain or Repair the Storm Sewer Line,including the pro-rated portion of the salaries(including overtime) of Town employees who perform or supervise all or some of the work.If not paid,the Town shall have the right to add that cost to the Tax imposed by the Town on the Owners'Property. In addition,the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect such "soft" and "hard" costs(e.g. reasonable attorney's fees,fees paid to a collection agency,court costs,etc.).If not paid,the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners'Property. 4. "Run with the Land". [51 Page 107 of 214 This agreement shall run with the land and be binding upon and inure to the benefit of and be enforceable by the Owners and the Town. 5. Delegation. The Town may delegate the rights granted to it in this agreement to any municipal authority or utility company other than the rights to be indemnified and held harmless from any lawsuit. 6. Notices. (a) A notice which is required or may be given under this agreement shall be in writing and shall be deemed to have been made either (i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to someone of suitable age and discretion at the address of that party (or a person who is entitled to a copy of the notice) or(ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or(iii)on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice ("addressees") are: If to the Owners,to: Steven Shepard&Patricia Shepard Or RESIDENT 59 Maple Hill Drive Larchmont,NY 10538 If to the Town: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Aft: Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 [6] Page 108 of 214 Att:Town Engineer or to such other address that an addressee shall have specified in a notice to the other addressees. (b) The requirement to give sixty (60) business days' notice contained in paragraph 3(c) and the requirement contained in paragraph 6 (a) that notice be in writing shall not apply if an emergency exists. In such a situation, the Town shall be required only to give or to attempt to give such notice to the Owners as it can (e.g. telephonic or electronic communication),based upon the exigencies then existing before conducting Repairs. 7. Additional Instruments. The parties shall execute and acknowledge before a notary public and deliver to each other any and all instruments which reasonably may be required to give full force and effect to this agreement or to record this agreement in the office of the County Clerk of the County of Westchester 8. No Waiver of Rights. The parties shall execute and acknowledge before a notary public and deliver to each other any and all instruments which reasonably may be required to give full force and effect to this agreement or to record this agreement in the office of the County Clerk of the County of Westchester. The failure of either party to insist upon the strict performance of, or to commence an action to enforce any provision of this agreement shall not be construed as a waiver of the right to do so should a breach of this agreement occur subsequently. 9. Gender. [71 Page 109 of 214 Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. 10. Severability. If any court determines that a portion of this agreement is invalid,illegal or unenforceable,the remaining provisions shall remain in effect. 11. Complete Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. All prior agreements between the parties regarding the subject matter contained herein — whether oral or written — are merged into this agreement and do not survive it as this agreement expresses their entire understanding on the subject matter contained herein. 12. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. 13. Captions. The headings preceding the paragraphs of this agreement are for reference purposes only and shall not be considered when interpreting the meaning of this agreement. Steven Shepard €81 Page 110 of 214 Patricia Shepard Town of Mamaroneck By: Meredith Robson,Town Administrator [9] Page 111 of 214 State of New York County of Westchester On the day of in the year 2025,before me, the undersigned, personally appeared Steven Shepard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he (she) (they)executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York County of Westchester On the day of in the year 2025,before me, the undersigned, personally appeared Patricia Shepard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York County of Westchester On the day of in the year 2025,before me, the undersigned, personally appeared Meredith Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to me that he (she) (they)executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public 1101 Page 112 of 214 Schedule'A' [1I] Page 113 of 214 ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York, known and designated as a portion of Maple Hill Drive on a certain map entitled, "Second Amended Subdivision Map of Maple Hill"filed in the Westchester County Clerk's Office, Division of Land Records, on June 9th, 1927 as Map Number 3159,and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Maple Hill Drive at the northwesterly corner of Lot 458 as shown on said map; RUNNING THENCE along the said southerly side of Maple Hill Drive South 72° 10' 50"West 69.00 feet; THENCE RUNNING through Maple Hill Drive North 17°49' 10" West 16.00 feet, North 72° 10' 50" East 125.00,and South 17°49' 10" East 16.00 feet back to the southerly side of Maple Hill Drive; THENCE along the said southerly side of Maple Hill Drive South 72°10' 50"West 56.00 feet to the point or place of BEGINNING. Page 114 of 214 Wmm4ZVp f"47 ernry pt.-.r�E1=+ LL g r!"v-y,1or Al�oom Q o 1,,7c a m nip 7_< r`" aotowMgm-qc ?1p QZ±1!Q P V7 '�O zACm_ �DiZ .�g, P7ctPw �P« s ! flD zu, ),.� tly�9 i�7�•Ob�O 4 3 C I!f o �,3 mrri 9 rg�m fi N 7 rl'J o p�po �" mPzu06 g3ffcsP J 3 $?A y N -i 8 O t'S 3.- fn y r4 4 ;tili( am' 5 to a 2 - fl eFP ry N i` Zge -+ Ul—Co m aJ'P 4 P e.L 3 O t o-4 , RZ2pZ 0L.„ 4 9 Vil N 3 frk O A Oqp-immMm m m 4. , 2 v'Zp z>2 dd '3 t C o„p„imt7•�z -�" f "r r52 �f(�Zn G 0'C a rSm—GYa C H 3- to 1'1 Uy - e �-I ri -n@ u g $S2-E. 3 �� � 4 s 1r49'ty E J j) so.vo' 0E3 la N°'/ v y `rii{{.-i`rEF .enoe 1/ I 4 p o Asphalt Drive Slene k L lthq'"' 11111111: 11 g o'a mow. P MK ni.--.., a ,i, *a...* i; +4 Nx 61 I 4 �e, c,r �zo'� ` .f r L--_... r M 4! O m ! .i 2 / UU1, a' !Skory '#'+ti##4+ '1 u O,= ' Wood Flame -� ' l ,five* NV W 'A w i i+# 4�� Ott `r o �, 'o I ##,,##*#r' fa .ito. 'l'a y ,\ (�QA f Poet 8 Wire Form P R 3g2). �',-l.r ,` ca. a r N 1T49'1D"W 5, SS.DDa0.s 5:m rn v ci FA Nu EMERSON ROAD 1 sF a'atiVtti Y ,Si 0 .n t- - a rh i.,.,.,,,,1 t • Page 115.of 214 TER Office of the Westchester County Clerk 4, II Ilit it iii iii I III .111 It liii lit III II saL *650083141 TPD002S* Supporting Document Cover Page Submitter Information Name: STATEWIDE ABSTRACT CORP Phone: 914-683-5900 Address 1: 202 MAMARONECK AVENUE Fax: 914-683-5905 Address 2: Email: MUSAVICH@STATEWIDEA.COM City/State/Zip WHITE PLAINS NY 10601 Reference for Submitter: CT-9951 Parent Document Details Control Number: 650083139 Document Type: Easement(EAS) Package lD: 2025010800081001000 Supporting Document Information Supporting Document Type: TP-584 Page 116 of 214 TP-584(9119) Recording office time stamp YYEW Department of Taxation and Finance NOA K Combined Real Estate Transfer Tax Return, PREP Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1, Instructions for Form TP-584,before completing this form.Print or type. Schedule A— Information relating to conveyance Grantor/Transferor Name(if individual:last,first,middle initial)(❑ check if more than one grantor) Social security number(SSN) ❑Individual TOWN OF MAMARONECK Pending/Not Applicable ❑Corporation Mailing address SSN El Partnership 740 MAMARONECK AVENUE ❑Estate/Trust City State ZIP code Employer Identification Number(FIN) ❑Single member LLC MAMARONECK NY 10543 ❑Multi-member LLC Single member's name if grantor is a single member LLC(see instructions) Single member EIN or SSN ID Other Grantee/Transferee Name(if Individual:last,first,middle initial)(El check if more than one grantee) SSN Q Individual SHEPARD,STEVEN PendinglNot Applicable ❑Corporation Mailing address SSN ❑Partnership 59 MAPLE HILL DRIVE ❑Estate/Trust City State ZIP code EIN ❑Single member TICLARCHMONT NY 10538 S Single member's name if rantee is a single member LLC(see instructions) Single member SIN or SSN o ❑Multi-member LLC 9 5 g ci ❑Other M M Location and description of property conveyed m oTax map designation— MIS code Street address City,town,or village County to Section, block&lot (six digits) (include dots and dashes) 1-22-330 553289 59 MAPLE HILL DR MAMARONECK TOWN Westchester Type of property conveyed(check applicable box) I _= One-to three-family house 6 ❑ Apartment building Date of conveyance Percentage of real property 2 '� Residential cooperative 7 Office building = 1 10 2025 conveyed which is residential 3 = Residential condominium 8 ❑Four-family dwelling month as real property. 100-% 4 Vacant land 9 ❑X Other EASEMENT y year (see Instructions) 5 ❑ Commercial/Industrial Condition of conveyance(check all that apply) f.❑ Conveyance which consists of a I.0 Option assignment or surrender a. ❑ Conveyance of fee interest mere change of identity or form of ownership or organization(attach Form TP-584.1,Schedule F) m ❑ Leasehold assignment or surrender b. ❑Acquisition of a controlling interest(state percentage acquired %) g.0 Conveyance for which credit for tax n.❑Leasehold grant previously paid will be claimed(attach Form TP-584.1,Schedule G) c. ❑Transfer of a controlling interest(state o.0 Conveyance of an easement percentage transferred %) h.0 Conveyance of cooperative apartment(s) p.❑Conveyance for which exemption d. El Conveyance to cooperative housing i.❑Syndication from transfer tax claimed(complete corporation Schedule B, Part111) j.0 Conveyance of air rights or q.0 Conveyance of property partly within e. ❑Conveyance pursuant to or in lieu of development rights and partly outside the state foreclosure or enforcement of security k.0 Contract assignment r. ❑ Conveyance pursuant to divorce or separation interest(attach Form TP-584.1,Schedule E) s.❑ Other(describe) For recording officer's use Amount received Date received Transaction number Schedule B.,Part I $ Schedule B.,Part II $ Page 117 of 214 Page 2 of 4 TP-584(9/19) PREP Schedule B — Real estate transfer tax return(Tax Law,Article 31) Part I—Computation of tax due 1 Enter amount of consideration for the conveyance(if you are claiming a total exemption from tax,check the exemption claimed box,enter consideration and proceed to Part III) ❑] Exemption claimed 1. 0.00 2 Continuing lien deduction(see instructions if property is taken subject to mortgage or lien) 2. 0.00 3 Taxable consideration(subtract line 2 from line 1) 3. 0.00 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3 4, 0.00 5 Amount of credit claimed for tax previously paid(see instructions and attach Form TP-584.1,Schedule G) 5. 0.00 6 Total tax due*(subtract line 5 from line 4) 6. 0.00 Part H—Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance(from Part I,line 1) 1. 2 Taxable consideration(multiply line 1 by the percentage of the premises which is residential real property,as shown in Schedule A) 2. 3 Total additional transfer tax due*(multiply line 2 by 1%(.01)) 3. Part III—Explanation of exemption claimed on Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America,the state of New York,or any of their instrumentalities, agencies,or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or compact with another state or Canada) a ❑ b. Conveyance Is to secure a debt or other obligation b ❑ c. Conveyance is without additional consideration to confirm,correct, modify,or supplement a prior conveyance c ' 1 od. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying o, realty as bona fide gifts d ❑ c e. Conveyance is given in connection with a tax sale e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F f ❑ g. Conveyance consists of deed of partition g ❑ h. Conveyance is given pursuant to the federal Bankruptcy Act h ❑ i. Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or ❑ the granting of an option to purchase real property,without the use or occupancy of such property i I. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment j ❑ k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,section 1401(e)(attach documents supporting such claim) k ❑ *The total tax(from Part I,line 6 and Part II,line 3 above)is due within 15 days from the date conveyance.Please make check(s)payable to the county clerk where the recording is to take place.If the recording is to take place in New York City,make check(s)payable to the NYC Department of Finance.If a recording is not required,send this return and your check(s)made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department, RETf Return Processing,PO Box 5045,Albany NY 12205-5045. Page 118 of 214 Page 3 of 4 TP-584(9/19) PREP Schedule C — Credit Line Mortgage Certificate(Tax Law,Article 11) Complete the following only if the interest being transferred is a fee simple interest. I(we)certify that:(check the appropriate box) 1. n The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant,a tenant in common or otherwise)immediately before the transfer. ❑The transfer of real property is(A)to a person or persons related by blood,marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50%or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee,or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000,000 or more,and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. Other(attach detailed explanation). c cn co M 3. n The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the o following reason: uQi FIA certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. L .I The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage Is ..No exemption from tax is claimed and the tax of - is being paid herewith.(Make check payable to county clerk where deed will be recorded or,if the recording is to take place in New York City,make check payable to the NYC Department of Finance.) Signature(both the grantor(s)and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B,and C, including any return,certification,schedule,or attachment,is to the best of his/her knowledge,true and complete,and authorize the person(s)submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. Grantor signature Title Grantee signature Title Grantor signature Title Grantee signature Title Reminder:Did you complete all of the required information in Schedules A, B,and C?Are you required to complete Schedule D?If you checked e,f,or g in Schedule A,did you complete Form TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place or,if the recording is in New York City,to the NYC Department of Finance?If no recording is required,send your check(s),made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 119 of 214 Page 4 of 4 TP-584(9/19) PREP Schedule D-Certification of exemption from the payment of estimated personal income tax(Tax Law,Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. If the property is being conveyed by a referee pursuant to a foreclosure proceeding,proceed to Part II,and check the second box under Exemptions for nonresident transferor(s)/seller(s)and sign at bottom. Part I-New York State residents If you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-584(or an attachment to Form TP-584),you must sign the certification below.If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided. If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law,section 663(a)upon the sale or transfer of this real property or cooperative unit. Signature I Print full name I Date Signature I Print full name Date Signature E Print full name Date Signature I Print full name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law,section 685(c),but not as a condition of m recording a deed. vss Part II-Nonresidents of New York State oIf you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584) c) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law,section 663(c), C° check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferor(s)/seller(s),that transferor(s)/seller(s)is not required to pay estimated personal income tax to New York State under Tax Law,section 663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT 2663,Nonresident Real Property Estimated Income Tax Payment Form,or Form IT-2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information,see Payment of estimated personal Income tax, on page 1 of Form TP-584-I. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)(grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: I I The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from. Date to Date El (see Instructions). The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. I�I I I The transferor or transferee is an agency or authority of the United States of America,an agency or authority of the state of New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association,or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date Page 120 of 214 TP584 Addendum (Parent Document Control Number 650083139) Addtlnt P #t Party Last Name First Name,MI SSN!EIN Address Grantee SHEPARD PATRICIA Pending/Nat Applicable 59 MAPLE HILL DRIVE,LARCHMONT,NY 10538 Page 121 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Discussion of Agreement for Consultant Services for Playground Shade Evaluation& Partial Design Development Date: February 5, 2025 Attached for your consideration, please find a recommendation from Town Engineer, Robert Wasp to enter into an agreement with La Bella Associates for consultant services related to the evaluation of shade options for the playground. The original bid for scope of services is described in Rob's memo. However, based upon the cost, and the fact that the 2025 budget does not include funding for capital improvement to the playground, I agree with Rob's recommendation that the reduced scope of services is appropriate for award. Action Requested: Resolved that the Town Board authorizes an agreement with La Bella Associates which includes site evaluation and partial design development for a budget not to exceed $33,800 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 122 of 214 "v I n Town of Mamaroneck Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: February 5, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Discussion of Agreement for Consultant Services for Playground Shade Evaluation& Partial Design Development General: Request for Proposal (RFP) for the evaluation and design of potential shade improvements at the Memorial Park playground was advertised by the Town Engineering Depailment in fall 2024. The scope includes consultant work tasks for 1) Evaluation of existing site conditions, including analysis of shade coverage based upon various sun elevations, 2) Comparison of shade coverage improvement options, 3)Attendance at Town stakeholder meetings, and 4) Design development and cost estimation for the final selected improvement option(s). The RFP document was advertised using the Town's Bidnet portal in addition to direct transmittal of the solicitation to several area consultant firms. Initial advertisement of the RFP in October did not yield any consultant proposals. RFP documents were readvertised starting in November following additional outreach to consultant firms that has resulted in the enclosed proposal provided by Labella Associates. LaBella Associates is well-recognized international consulting firm that has extensive presence in New York State. LaBella serves several Westchester County municipalities with general architectural/engineering and building code review services. The provided proposal is responsive to the Town's RFP scope to provide a thorough review evaluation and subsequent design of recommended shade improvements under an aggressive timeline. The Town will be able to utilize the finalized design documents to properly budget for future capital project. In response to the Town's notification that there is no available capital budget to fund the construction of potential improvements in the 2025 calendar year, LaBella has provided a updated proposal fee schedule that eliminates additional scope related to the preparation of bid documents and review of bids. The revised proposal sums to $33,800. Although there is no capital project for this work in the 2025 Town Budget, $30,000 in funding was contemplated to be used for this purpose as part of the Engineering Depailuient consultant services operating line A1440-4035. Consultant costs for procurement phase will be re-evaluated at the conclusion of the design development process as part of a future capital budget request. Page 123 of 214 Based upon the above considerations, the Engineering Department recommends authorization of LaBella's proposal to commence the described site evaluation and design development work. Please feel free to contact me with any questions. Attachment/s: Mamaroneck Playground Shade Study & Design Contract Agreement 1.31.25 Page 124 of 214 Professional Services Agreement Agreement made the day of , 20 between LaBella Associates,D.P.C. ("LaBella") and Town of Mamaroneck ("Client") for services related to the following Project: Playground Shade Evaluation and Design Services ("Project") LaBella and Client hereby agree as follows: Description of Services: LaBella shall perform the services set forth and described in LaBella's proposal, dated 12/30/24 updated 1/30/25, a copy of which is attached as Exhibit A, in accordance with the terms and conditions of this contract attached as Exhibit B. Compensation for Services: Client shall compensate LaBella for its professional services as set forth in LaBella's proposal. LaBella shall submit invoices for services rendered on a monthly basis. Client shall make payment to LaBella no later than thirty (30) days after the date of each invoice. Term: LaBella shall commence performing its services when Client gives notice to proceed. This Agreement shall terminate when LaBella's services are completed and final payment has been received from Client, or as otherwise provided in this Agreement. Insurance: LaBella shall maintain, at its own expense, throughout the term of this Agreement and until the expiration of all applicable statutes of limitation, the following insurance coverages: • Comprehensive general liability insurance with policy limits of not less than $1,000,000 each occurrence and$2,000,000 in the aggregate for bodily injury and property damage; • Automobile liability insurance covering owned, non-owned, rented and hired vehicles operated by LaBella with policy limits of not less than $1,000,000 combined single limit and aggregate for bodily injury and property damage; Page 125 of 214 • Umbrella liability insurance with policy limits of not less than $10,000,000 each occurrence and$10,000,000 in the aggregate; • Worker's compensation insurance at statutory limits and employer's liability insurance with a policy limit of not less than $1,000,000 for all employees engaged in the rendering of professional services under this Agreement; • Cyber insurance with policy limits of not less than$5,000,000 and excess Cyber insurance with policy limits of not less than $5,000,000; • Professional liability insurance with policy limits of not less than$5,000,000 per claim and $7,500,000 in the aggregate; and • Pollution liability insurance with policy limits of not less than $5,000,000 per claim and $7,500,000 in the aggregate. Pollution liability coverage is only provided for professional services. Client shall be named as an additional insured on a primary and non-contributory basis under the CGL,Automobile and Umbrella insurance policies. LaBella shall provide to the Client certificates of insurance evidencing compliance with the requirements of this Agreement. The certificates shall contain a provision that at least thirty (30) days prior written notice shall be given to Client in the event of cancellation, non-renewal, or reduction of the insurance. Indemnification: To the fullest extent permitted by law, LaBella shall indemnify and hold the Client and its officers and employees harmless from and against liabilities, damages, losses and judgments, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts, errors or omissions of LaBella, its employees and its consultants in the performance of professional services under this Agreement. In recognition of the relative risks and benefits of the Project to both Client and LaBella, the risks have been allocated such that Client agrees, to the fullest extent permitted by law, to limit the liability of LaBella and LaBella's consultants for any and all claims, liabilities, damages, losses, costs, and judgments of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of LaBella and LaBella's consultants shall not exceed $50,000 or LaBella's total fee for services rendered on this Project, whichever is greater. LaBella Associates, D.P.C. Town of Mamaroneck By: By: Name Name Title Title Date: Date Page 126 of 214 Exhibit A LaBella's Proposal Page 127 of 214 Prepared For: Robert Wasp, PE, CDT Town Engineer Town of Mamaroneck Engineering Department Room 208 740 West Boston Post Road Mamaroneck, NY 10543 Submitted by: Michael Cocquyt, CPRP Senior Program Manager LaBella Associates 1 North Broadway Suite 803 White Plains, NY 10601 (518) 439-8235 0._—, LaBetLa lio Powered by partnership. Consultant Design Services- Playground Shade Evaluation & Design Development for Improvements TOWN OF MAMARONECK DECEMBER 30, 2024 Scope and Fees updated 1/30/2025 Page 128 of 214 LaBelLa Powered by partnership, December 28, 2024 Robert P. Wasp Town Engineer Town of Mamaroneck 740 West Bost Post Road Mamaroneck, NY 14543 RE: Playground Shade Evaluation and Design Services Dear Mr. Wasp: We understand the Town seeks professional guidance to improve Memorial Park Playground with increased shade at play structures and surrounding park amenities. We recognize that playgrounds are important community assets that should be built for as much seasonal use as possible. Specific to peak summer use, our team has the skills and experience to evaluate the gaps and limitations of current shading at the project site and recommend an optimal solution. Experience with Municipal Parks and Playgrounds Our team has extensive experience with municipal parks and playgrounds. We realize the essential differences between municipal, private, and school projects regarding management and engagement. We have included a summary of just a few of the many municipal/institutional playground and park shade-oriented projects relevant to this scope;These projects were a success thanks to our engagement from design through to construction;we take pride in the support we offer communities and our guidance through the entire process. Evaluation and Engagement The attached summary of projects highlights our experience in municipal playground design. Specific to your needs, the creation of shade solutions will require input from users, playground equipment manufacturers, and maintenance and landscape professionals.We understand that our rote as your consultant will be to provide and vet options to enhance the quality of experience for users of the play facility, and surrounding area, - delivering the highest value for the Town's recent investment. Finally, we are experienced in municipal procurement and will work within your municipal guidelines to publicly solicit and procure the necessary products and services for play shade improvements. Cost and Schedule We have provided a cost summary aligning with the RFP scope provided.There are some unknowns regarding local preferences, design options, and implementation -we would work with the listed lump sums to provide the most significant value while expediting services needed to meet your June 2025 construction completion date. If desired, we could also offer the support of our Grant Management team to present potential funding sources once a final solution is decided. We are excited by this opportunity to work with the Town. We know this is a tight timeline and have team members ready to begin work immediately.We welcome any questions or discussions. Please do not hesitate to contact me at(585)287-9087 or mcocquytalabellapc.com. We appreciate your time and consideration. Respectfully submitted, LaBella Associates Michael Cocquyt, C RP 1 North Broadway I Suite 803 While Plains, NY 10601 p 014)997-8510 �;:i;eil :pc.`,on Page 129 of 214 TABLE OF CONTENTS SECTION ' Company Profile SECTION 2 Project Experience SECTION 3 Fee Proposal Sii:c:TION 4 Insurance 0-1 LaBella Powered by partnership. Page 130 of 214 COMPANY PROFILE LaBella Po Page 1p31 of 214 ABOUT LABELLA • Potsdam At LaBella Associates, our job is to create - structures, plans, NEW YO R K ideas, results. As a OFFICE Glen•ails nationally recognized LOCATIONS • Design Professional Syracuse Ballston Spa • Corporation, that's a Rochester Albany Buffalo given, right? • Ithaca But here's what really drives us: Elmira • creating partnership between our Binghamton team and our clients.So much Jamestown • so that we become one team, • Poughkeepsie unified in the unrelenting pursuit White Plains of exceptional performance on each and every project. Reliability. Accountability. Collaboration. NYC Respect. Not skills we went to TECHNICAL CAPABILITIES school for, but innate in LaBella team members. The pursuit of partnership is embedded in our culture - has been since our inception in 1978. And it affects client outcomes in INFRASTRUCTURE BUILDINGS profound ways. It means we're built to expertly execute projects ' Civil Engineering • Architecture from start to finish.That we • Environmental • Planning have the talent and resources • Planning • Buildings Engineering to take on any challenge.That • Transportation Engineering • Environmental projects are completed on • Land Surveying • Land Development& time, on budget, and beyond Landscape Architecture expectations.And that we win awards - not just for our talent, but also for our ethics, employee culture, and growth. Today, our wheelhouse is broad, ENVIRONMENTAL ENERGY with four key service offerings: Buildings, Energy, Infrastructure, • Environmental Consulting • Program Management and Environmental. Our reach is • Environmental Contracting • Renewables widespread with over 2,000 staff • Buildings Engineering • Planning located throughout the country • Solid Waste • Power Systems and Europe.We're headquartered • Environmental in Rochester, NY- but our impact • Civil Engineering is seen, felt, and experienced around the world. 0.„ LaBella Powered by partnership. Page 132 of 214 ! F SK 3. , tp ,-;--i„?-... „,,,,r, , ,,,.., ...rit.„ . -_,,e- LANDSCAPE 1 /,i i Y.. 4 - t ~/' as]. ARCHITECTURE yy` 7.31",1Q `al,- - .,, le... ,. u, _.. Combine the art of design with the science �* , '-`F ; ;'w of construction—that's how LaBella's .+ A _*_le .._ ::..... landscape architects bring creative and r.` ,11111 1 Ey functional ideas to life.We work closely with our clients to produce sites that I .. .. ��,; = A balance beauty, utility,and sustainability. °' ti ,, ; �N, ---.l Our services include: _ �►., • Feasibility studies $ .. • Site inventories and analysis • Visual assessments and simulations VIlli • Parks and recreation design '_' -: -• • i • Athletic facility design ;, ' . ., ,- r • Campus planning - ' '~ * i. Jo_ • • war u k.° • Commercial and residential design :".''' :x M •.,v eki -� '•' p • Community planning . ,r • Urban design and streetscapes �# i `' . • Pedestrian and traffic circulation - - -,..-.- ... oro1 y • Landscape master plans R . Y • Wetland mitigation and restoration . - • Site lighting plans • ��+ wNF1., P^ 'f 1111 Ilillf ,- ++ • Sustainable site design F, YI11 ' ++;' :m. ;' r��w • Stormwater management and .. ^ye.. w_ green infrastructure �_ } R4 , i''''.6, ' 0 t;- k$1 r `,, e - LaBeLla - , „ Powered by partnership. Page 133 of 214 6d7 A "1 y_ . * } -�3 �y x r•. 1 n di 4: c( r_ T /tL by 4... • .'f' ✓r ..•,+N _rJ' ..�.. art ,t,'t. -r.•i,. •' v, _% t , '.-.-- . ' .,IC' ... 4111 :., ' ' — i t .-1,.,01151t: 1. . !;1,..,;:rizi; 47 v ,., h: ; • nvtcx .ir,ic __ _ - - _ r _ = We're . - placemakers. PARKS & RECREATION As communities,we thrive on social, cultural,and environmental interaction. At LaBella,we employ a Parks, recreation, playgrounds, We take extra care in selecting philosophical yet practical campgrounds, places to indulge new sites for community parks or approach to reimagine in performance art, reflect in recreational facilities. Early in our dynamic spaces and places memoriam, or let your furry design process,we assess how a to feed this need. friends run—these areas of concert pavilion will visually and activity, gathering, and respite audibly affect its surroundings. How?We listen. Collaboration provide an array of diverse We create public dialogue that with project leaders,vested experiences for residents and focuses on the refurbishment and stakeholders,and regional visitors.Their purpose is not to renewal of treasured memorials influencers feeds the vision. simply serve as a destination, Stormwater and lighting details The vision fuels the design, but to also evoke an emotion get our full attention to ensure which we carefully shape into By offering access to unique the safety of the users and best the existing landscape. habitats and preserving sensitive create a sustainable environment. As landscape architects,we landscapes,we can memorialize creates aces, but our true our history. LaBella helps you define, design, p and develop the kind of parks and goal is to give communities Our landscape architects create, recreation assets that residents their own authentic sense of rehabilitate, and improve upon and visitors are naturally drawn to place. the function, aesthetics, security, operation, maintenance, and accessibility of parks and recreation. -..- A . 4 TRAILS 44,E ,. N ; _ �� Far more than a path ' through the Woods. a►°" •4..�3 . • ;. Be it a nature or interpretive trail, a Ntv , " , ' :.r'� A CC..* :�. greenway, or a rail-to-trail corridor, a+� =' ,� each trail type has a specialized set aS` .,x .f.:*4 Or *- t of existing conditions and regulatory `` y , :. y- , "r , requirements that necessitate a ate'"',' . -* ' .' team of professionals. !. �+>, ,.` Ill.! II b. ' ,' Before design,we begin with -' e._ a thorough inventory, concept se..-`� •�d• '* - mapping, and public engagement `' • ' . '*. process.Then comes design and the , �`` F '� elements that help blend a natural or tit; • environment with a safe one— ''''" , • bridges, lighting, signage, parking, '' :`- circulation. Our professionals provide expertise a -- in environmental sensitivity and ,;, ' permitting, hazardous materials f 4 Y s __ evaluations, structural engineering, ;; ,, r t_C P- 1 and transportation-oriented design, • -,(.- `.- :_= m ' , as well as with state transportation -. -.: authorities. i Sports and athletic fields hoste), s 1'N more than just athletes, they are f, - `4. prominent social hubs in each � �` ` community.We design natural grass -; a 'yI and synthetic turf fields, tennis and " �_ ,�,_ ,' pickleball courts, running tracks, and ._ swimmingpools All of these athletic �� facilities allow families, teams, bands, , and organizations to congregate ��— Y: over shared pride and interests. '. . 7. ti `q• Safety, maintenance, longevity, costs, - l•• I „ , ti "�—:, accessibility, and regulations are �., , critical to optimizing the game for ili it +,- S Tii ,,, .,, , athletes, fans, and staff alike.We take pride in our ability to educate clients 111 on their options. 1 Ili ME s '' I . Anything you need -- to up your game. SPORTS & ATHLETIC FACILITIES Page 135 of 214 SECTION 2 EXPERIENCE 1 LaBella Po Page 1p36 of 214 PRIOR EXPERIENCE LaBella Associates is a full-service design firm specializing in infrastructure, buildings, environment, and energy. Our reach is widespread, through the United States and Europe,yet we remain rooted in the communities where we work, including a local office in Glens Falls, New York. Our over 1,70o professionals include landscape architects, engineers, architects, planners and grantwriters, environmental scientists, land surveyors, construction professionals, and more. LaBella's landscape architects and multi-disciplinary staff are experienced in a wide array of park, recreation, and community open space design.We take great care to understand the needs of each venue and focused user groups, and embrace the contextual attributes that contribute to the success of the solution.The following projects demonstrate our capabilities and experience relevant to the Memorial Park project. Town of Macedon: Gravino Park Plan LaBella was selected to support masterplan.The LaBella team the revitalization of an outdated worked closely with the vendor to park space in the Town of introduce a blend of natural and Macedon NY.Through multiple manufactured shade options to engagement events, it was reduce overall cost and increase found that repurposing a failing a natural feel to the space. court surface into an inclusive LaBella's grant management playground would serve as the team was able to assist the town !1!: Grawa Park primary focal point of the project. with securing the necessary gap I ' 10 , . The area, a former tennis and funding through multiple grant basketball court, offered no shade sources and construction on the to users.The LaBella landscape site will be completed in the Fall architecture team worked closely of 2026. with the town staff, community, and vendors to design a solution aligned with the park Village of Millerton: Eddie Collins Memorial Park LaBella worked hand in hand to design and implement Phase 1. '� r s with the Village of Millerton to create a recreation master plan The Village selected LaBella to 4.r- Phase complete 1 '', and feasibility study to reimagine advance and com p - ' . `. and reprogram their primary improvements,which includedt i recreational facility. a revisioning of their primary playground. Enhancements LaBella conducted an inventory included accessible and creative of facilities at the park, met with surfacing, dynamic pathways, various stakeholders to analyze existing equipment rehabilitation, the desired programming, and installation of new equipment, prepared numerous concept shade trees, rain gardens, green LaBella is currently assisting the alternatives for the park.The final infrastructure, and various site Village with schematic design for master plan was used to foster furnishings. Phase 1 also included Phase 2 improvements, including public support for the project as a natural soccer field, basketball a public swimming pool, pool well as a successful Consolidated courts, little league field with house, and community space. Funding Application (CFA)for accessible bleacher seating, $600,00o from the New York parking area, and entryway. Phase State Office of Parks, Recreation 1 improvements were completed LaBella and Historic Preservation (OPRHP) in October of 2022. Powered by partnership. Page 137 of 214 PRIOR EXPERIENCE City of Hornell: Union Square Park LaBella transformed a vacant 1,000-square-foot raised stage + lot site into the new Union and paved amphitheater, new Square Park in Hornell, NY. lighting, and an at-grade water Park construction was funded feature.A fountain creates a I - by a$765,00o NYS Downtown vibrant and distinctive attraction i 1 11� .'":j:" Revitalization Initiative(DRI) for residents and visitors alike. �r ' program grant, a$376,00o grant • '"'` ' from OPRHP, and City funding for Special features include seating a total construction cost of over and the fountain,which can be $1.2 million. lit at nighttime by a specially designed LED lighting system. Union Square Park features A memorial monument honors will serve to host festivals, a unique public gathering fallen police officer Sgt. Daniel farmer's market, and other events. spaces linked together by an Swift. Green space, a concrete Awarded APWA New York Western integrated walkway network. plaza,wide sidewalks, and power Branch 2023 Project of the Year The park includes a covered supply installed to serve vendors in the Structures Si to$5 million pavilion for community events, a category ,ppm6Mlb Fllllnp SIII I R Pb9 A.n City of Poughkeepsie: Bartlett Park Improvements Master Plan a.'°°r"*'''-`-''°' • .� ftie Rb On behalf of the City of an informational and interpretive mITall° pp„�,�, ' .. . ,� Poughkeepsie, LaBella prepared kiosk, drinking fountain, a natural •®r-- '` Haulm!Ik prtlhe Slpµl �, '1, „_ drawings for Bartlett Park. landscape paintings. 4 Yael.weni t. paemrllrld aefel4 o2, arel Mdeklw1 This passive neighborhood park The improvements at Bartlett . ., , "'�'} provided a unique opportunity Park are aimed at providing a u�.May nh"ctu,,id to enhance the existing park setting for local children and L IngIpentd alhlilbBr ` ita5 Loam I f1 Mi r spa with new play equipment and a families to gather, play, learn and universally accessible walking reconnect with each other and and provides an accessible path. It also includes site nature.The design is contingent recreation experience that is amenities such as park signage, upon universal design principles creative, natural, economical, and enduring. Village of Scotia: Collins Park For many years, the Village of The funding is being directed to Scotia has made substantial improving an existing bathroom :* j efforts to enhance the facilities building for ADA compliance, f and recreational amenities at this new backstops for the existing : "— popular park located on Collins ballfields, additional children's _ Lake and bordering the Mohawk play equipment, resurfacing River The park is comprised existing tennis courts, providing -' of numerous ball fields, tennis an interpretive kiosk, and an . courts, picnic areas, children's improved connection to Freedom play areas, court games, Park adjacent to the Mohawk °"1 .� walkways, and trails. River.The improvements are the park. Construction of the aimed at offering a greater improvements is fanned for LaBella, on behalf of the Village, level of service given the summer 2o24. p submitted a successful CFA, extreme popularity and use of receiving funding from the NYS OPRHP. Page 138 of 214 PRIOR EXPERIENCE Village of Monroe: Smith's Clove Park di As the recreational and social various playground facilities heart of the Village of Monroe, The concepts take advantage " Smith's Clove Park has seen a of existing site features while i decline in overall condition of introducing complementary infrastructure and is in need of a natural playground elements '4 a " 4 - C fresh look to ensure enjoyment and creatively reimagining site ,tl!, .Yw' f« . , ; _- for future generations. LaBella circulation and topography. Some - q collaborated with a committee of additional proposed features ' engaged stakeholders in an effort include new play area surfacing, c j to produce an innovative yet site furnishings, strategic ili functional and cost-effective plan shade structures, and overall for the rejuvenation of the Park's landscaping. Town of Hillsdale: Hillsdale Hamlet Park k ' , LaBella was retained by the worked closely with the Towns ,, - J�. Town of Hillsdale to complete Project Committee to identify a visioning process and master and prioritize sustainable design, plan design for the restoration of elements that would both ` <} ' Hillsdale Hamlet Park. Located in enhance the existing recreational =. �� the heart of this small community, space and provide new inclusive = - +} the parks existing facilities amenities for a diverse user ,+ # I - ' ` _ '' Ws were recognized as outdated, group.The master plan serves ; j underutilized, or not well planned. as a foundational document ._ d -, for future fundraising and grant LaBella led a community applications. engagement process and Town of Queensbury: Hovey Pond Park Improvements LaBella was commissioned by play elements including musical ,� : the Town of Queensbury Parks features, protective fall surfacing, " and Recreation Department to and decorative fencing. prepare a park master plan and - 7.2 �, implement priority improvements The Memorial Garden contains an ,i at Hovey Pond Park. Our organized framework for various , team of landscape architects individual memorials within a -__ — - developed conceptual designs large raised planting area that T'r' i'1 includes granite stones around a and construction drawings °� for inclusive play features, a circular design theme. ,k ;, ,-,r memorial garden, overlook The Overlook Pavilion provides shade trees provide for comfort pavilion, parking area plantings, a centralized gathering and and frame views for this quaint and other landscape and seating area within the park architectural feature. circulation enhancements. New circulation improvements The inclusive children's play area and seating provides access to provides a dynamic, interactive, the pavilion and views of Hovey and safe environment with Pond. Native plantings surround E universal access to a variety of the pavilion area and large '� 1 LaBella iiim Powered by partnership. Page 139 of 214 SECTION 3 FEE PROPOSAL LaBella Po Page 1p40-A14 FEE SCHEDULE AND COST BREAKDOWN We have reviewed the Town's RFP Scope of Services and take no exception to the requested scope,and offer the following itemized clarifications/cost associations for tasks associated with the specific phases of the project: Scope Task Detail Fee Review of current condiitons Playground structures and surfacing review including opportunites and Site amenities and waLkways restrictions Exsisting shade and current/future tree canopy Site Evaluation and Underground utilities Exsisting Conditions AnaLysis of exsisting shade AnaLysis will be completed with GIS,CAD other and mapping/anaLysis tools due to project schedule(completed by spring) Suggestions to address gaps Found from shade anaLysis Comparison of shade coverage Estimates of probable costs improvement alternatives(3) Conceptual Drawings/render for visual rep. 2 review meetings Construction cost estimate for selected all. Total $ 18,300 Design development for selected Based on result of Evaluation Scope alternative Design Design Drawings Installation of structures Development Replace Repair of surfacing and waLkways and Impact and needs for utilities on site Construction Landscaping/planting plans Documents Design Development Meetings(2) Including Town Engineer and Dept staff Updated Cost Estimates Best estimates possible prior to bid process Total $ 15,500 Total Lump Sum $ 33,800 Updated per Town request 1/30/2025 to remove "Procurement and Bidding" from the scope of work. Page 141 of 214 SECTION 4 INSURANCE 1 LaBella Po Page 1p42 of 214 LABEASS-01 AKEEFE ,d►coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pails-Kirwan Associates,Inc. PHONE FAX PO Box 40420 (A/c,No,Ext):(585)473-8000 (A/C,No):(585)340-1714 Rochester,NY 14604 E-MAIL ADDRESS:I reception@paris-kirwan.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Insurance Co 10804 INSURED INSURER B:Acadia Insurance Company 31325 LaBella Associates,D.P.C.&LaBella Associates, P.C. INSURER C:Clermont Insurance Company 33480 300 State Street,Suite 201 INSURER D: Rochester,NY 14614 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR W POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRINSD VD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPA5365357-17 11/7/2024 11/7/2025 DAMAGEES(S(EaRENTEDoccurrence) $ 1,000,000 PREMIS MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PED X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 000 (Ea accident) X ANY AUTO CAA5365358-17 11/7/2024 11/7/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNEDUUO N PROPERTY DAMAGE (Per PROPERTY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CUA5365359-17 11/7/2024 11/7/2025 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WCA5365360-16 11/7/2024 11/7/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If Additional Insured or Waiver of Subrogation status is noted for any policies,coverage applies only if required in a written contract or agreement. ****"PROOF OF INSURANCE**** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE LaBelle Associates,Street, D.P.C.&LaBella Associates,P.C. �'� f 300 State Street,Suite 201 (Rochester,NY 14614 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 143 of 214 Exhibit B Terms and Conditions Page 144 of 214 Terms and Conditions LaBella's Responsibilities: LaBella shall designate a representative authorized to act on its behalf with respect to the Project. All notices required under this Agreement shall be given to that representative. LaBella shall perform its services consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the same or similar circumstances. LaBella shall perform its services as expeditiously as is consistent with such professional skill and care, and the orderly progress of the Project. LaBella shall not at any time supervise, direct, control or have authority over any contractor or subcontractor's work, nor shall LaBella have authority over, or be responsible for, the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor or subcontractor, or the safety precautions and programs incident thereto, for safety or security at the Project location, nor for any failure of a contractor or subcontractor to comply with laws and regulations applicable to the performance of their work and the furnishing of materials on the Project. LaBella shall not be responsible for the acts or omissions of any contractor or subcontractor. Client's Responsibilities: Client shall designate a representative authorized to act on its behalf with respect to the Project. All notices required under this Agreement shall be given to that representative. Client shall provide LaBella with all available information regarding,and site access to,the Project necessary for LaBella to perform its professional services, including Client's requirements for the Project. Client also shall provide information regarding the Project site and any existing facilities, including destructive testing and investigation of concealed conditions and hazardous substances or injurious conditions. If Client does not perform destructive testing or investigation,nor provide information beyond that which is apparent by non-intrusive observations, or in the event documentation or information furnished by Client is inaccurate or incomplete, then any resulting damages, losses and expenses, including the cost of LaBella's changes in service or additional services, shall be borne by Client. Client shall examine documents submitted by LaBella and render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of LaBella's services. Additional Services: LaBella may provide additional services after execution of this Agreement without invalidating the Agreement. LaBella shall not proceed to provide any additional services, unless and until LaBella receives written direction from Client. Client shall compensate LaBella for additional services as set forth in LaBella's proposal, or any supplemental proposal or contract modification, or as agreed upon in writing signed by both parties. Assignment: Neither party may assign any benefit or obligation under this Agreement without the prior written consent of the other party, except LaBella may use the services of persons and entities not in LaBella's employ when appropriate and customary to do so. Page 145 of 214 Confidentiality: During the Project, confidential and/or proprietary information of the Client might be furnished to LaBella. LaBella shall use such information for the purpose of providing its professional services on the Project, and for no other purpose. LaBella shall hold such information in strict confidence and shall not disclose such information to any person or entity, except sub- consultants engaged on the Project or as required by law. Upon completion of its services,LaBella shall return or destroy all confidential and/or proprietary information to the Client. Instruments of Service: All documents prepared or furnished by LaBella pursuant to this Agreement are instruments of professional service, and LaBella shall retain its ownership and property interest therein, including all copyrights and the right to reuse the documents. Upon payment in full for services rendered, LaBella grants Client a license to use the instruments of service for the purposes of constructing, occupying and maintaining the Project. Reuse or modification of any documents by Client without LaBella's written permission shall be at Client's sole risk, and Client agrees to defend, indemnify, and hold LaBella harmless from all claims, damages and expenses, including attorneys' fees, arising out of such reuse by Client or by others acting through Client. Client and Client's contractors and other consultants may rely only upon printed copies (also known as hard copies) of documents that are signed and sealed by a licensed professional employed by LaBella.If there is any discrepancy between printed copies and any electronic copies, the most recent version of the printed and certified copies shall govern. Any electronic copies (files) provided by LaBella will be provided solely as a convenience and shall not be considered "Contract Documents," "Construction Documents" or any type of certified document. All documents considered"Contract Documents," "Construction Documents" or any type of certified document shall consist only of printed copies having an original signature and seal of a licensed professional employed by LaBella. Client is advised that electronic copies of documents can deteriorate or be inadvertently modified without LaBella's consent or may otherwise be corrupted or defective. Accordingly, Client and Client's contractors or other consultants may not rely upon the accuracy of any electronic copies of documents. Escalation: In the event the term of this Agreement is extended beyond the period of service set forth in LaBella's proposal, then compensation for professional services is subject to review and escalation by LaBella upon thirty(30) days written notice to Client. Suspension: Client may suspend this Agreement in whole or in part at any time for convenience upon seven(7)days written notice. Upon receipt of notice, LaBella shall immediately discontinue all services. LaBella shall be entitled to compensation for all services rendered up to the date of suspension. If the suspension exceeds three (3) months, an equitable adjustment in compensation shall be negotiated to compensate LaBella for all reasonable costs incurred by LaBella on account of the suspension of the Project. LaBella may suspend its performance under this Agreement if any delinquent amounts due for services and expenses have not been paid. LaBella may refuse to release drawings, plans, specifications, reports, maps, materials and any other instruments of service prepared by LaBella Page 146 of 214 for Client until all arrearages are paid in full. LaBella shall not be liable to Client for delay or any other damages due to any such suspension of services. Termination: Either party may terminate this Agreement for cause upon seven (7) days written notice with an opportunity to cure any default during that period. In any event, without regard to the party terminating the Agreement, Client shall remit payment of all amounts that are not in dispute no later than thirty(30) days after the date of each invoice. Disputes: The parties agree that mediation before a mutually agreeable neutral third party shall be a condition precedent to any legal action arising out of this Agreement,unless waived in writing by the parties. The cost of the mediation shall be borne equally by the parties. The mediation shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, unless the parties agree otherwise. No demand for mediation shall be made after the date that the applicable statute of limitations would bar a legal or equitable action based on the claim or dispute. Venue and Jurisdiction: Any legal suit, action or proceeding arising out of or relating to this agreement shall be instituted in a court of competent jurisdiction located in the state and county where the project is located. The parties hereby waive any objection which they may have now or hereafter to the venue of any such suit, action or proceeding, and hereby irrevocably consent to the personal jurisdiction of any such court in any such suit, action or proceeding. Choice of Law: This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state where the project is located without giving effect or reference to any conflict of laws provisions. Consequential Damages: In any suit, action or proceeding, the parties shall be entitled to recover compensatory damages incurred as a result of the breach of this Agreement, but, to the fullest extent permitted by law, neither party shall be liable to the other for any special, incidental, indirect, or consequential damages. Late Fees, Costs and Attorneys' Fees: An additional charge of 1.5% of an invoice will be imposed each month on all past due accounts. Imposition of such charges does not constitute an extension of the payment due date. If LaBella must bring suit to collect payment of any invoices, then Client agrees to pay LaBella's costs and expenses, including reasonable attorneys' fees. Remedies Cumulative: The rights and remedies available to a party under this Agreement are cumulative and in addition to, not exclusive of, or in substitution for, any other rights or remedies either party may have at law, or in equity, or under this Agreement. Nothing contained in this Agreement shall be deemed to preclude either party from seeking injunctive relief, if necessary, to prevent the other party from willfully or intentionally breaching its obligations under this Agreement or to compel the other party to perform its obligations hereunder. Non-Waiver: Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right Page 147 of 214 accruing under this Agreement, nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any part hereof, nor prejudice either party as regards any subsequent action. Force Majeure: Neither party to this Agreement shall be liable to the other for delays in performing the obligations called for by this Agreement, or the direct and indirect costs resulting from such delays, that are caused by labor strikes, riots, war, acts of government authorities other than the Client (if a governmental authority), extraordinary weather conditions, epidemics, pandemics or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. Severability: The provisions of this Agreement are hereby agreed and declared to be severable. Any term or provision of this Agreement which is held to be unenforceable by a court of competent jurisdiction shall be deemed to have been stricken from this Agreement, and the remaining terms and provisions of this Agreement shall be construed and enforced without such terms or provisions. Counterparts: This Agreement may be executed in one or more counterparts, each one of which shall be deemed an original,but all of which together shall constitute one and the same instrument. Scope of Agreement: This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral, except that terms specific to future projects shall be set forth in LaBella's proposals. This Agreement may be amended only by written instrument signed by both parties. Page 148 of 214 61' 47, m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Rejection of Bid- TA-25-01 - 2025-2026 Street Sweeping Services Date: February 5, 2025 Please see attached memo from Town Engineer Robert Wasp regarding the bid results for 2025-2026 Street Sweeping Services. The Town received only one proposal for this contract. At this time, Rob recommends the Board reject this proposal as it is significantly higher than the 2025 budget allows and we will re-bid the contract in 2025. Action Requested: Resolved that the Town Board hereby rejects Bid TA-25-01 - 2025-2026 Street Sweeping Services because it exceeds budget estimates. Page 149 of 214 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: February 5, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Rejection of Bid- TA-25-01 - 2025-2026 Street Sweeping Services General: Bid procurement was recently completed for the 2025 and 2026 Street Sweeping Services contract. The contract scope provides routine sweeping of all the streets, parking lots and paved areas owned and maintained by the Town of Mamaroneck. There are approximately thirty-nine miles of Town roads along with seven paved properties and parking areas that are covered under the contract. On January 27th, 2025, one (1) bid proposal was received as summarized on the attached bid tabulation table. Bid pricing was structured as an annual lump sum considering (30) days of street sweeping work during the contract term in 2025, with ability for a second-year extension in 2026. The sole proposal was provided from "Shawn's Lawns, Inc." at the submitted base bid price of $74,120.00 for each calendar year. The bid proposal received is significantly greater than the allocated budget available in the operating line DB5110-4235. It can be noted previous previous Town street sweeping contract holders did not submit proposals for the new contract advertisement. The Engineering Department recommends that the submitted bid proposal should be rejected. The contract will be re-bid with additional notice to encourage participation from prospective bidders. Please feel free to contact me with any questions. Attachment/s: Bid Tabulation TA2501 Page 150 of 214 Town of Mamaroneck =o 414. Engineering Department, Town Center do yao 740 W. Boston Post Road, Mamaroneck, NY 10543-3353 z w rn I o ~Founoeo 1661 Contract#TA-25-01 Street Sweeping Services Bid Opening Results,January 27th,2025 at 11:00 a.m. E.S.T. FINAL BID RESULTS Shawn's Lawns,Inc. Bid Item Stamford,CT 06902 Bid Bond: Yes Street Sweeping amd Debris Transport Services: Year 2025 $74,120.00 Street Sweeping amd Debris Transport Services: Year 2026 $74,120.00 Total Two Year Contract Amount S148,240.00 Page 151 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Proposed Local Law- "Regulation of Solar Energy" Date: February 5, 2025 Attached please find a memo from Town Attorney William Maker Jr, which proposes a local law that will permit and regulate systems that convert solar energy into electricity. Because the proposed law includes amendments to the zoning ordinance, if the Town Board considers the proposed law worthy of public discussion, they are required to refer it to the Planning Board for its recommendation. At a subsequent meeting the Town Board will need to set a public hearing. Action Requested: Resolved, that the Town Board hereby refers the Proposed Local Law - "Regulation of Solar Energy" to the Planning Board for review and recommendations. Attachment/s: 2025-01-31-LL and mx to TB Page 152 of 214 , 4,7 z0 \ o ,,,:,. Town of Mamaroneck z 44,8' n County of Westchester ~FOUNDED 36G * 740 West Boston Post Road, Mamaroneck,NY 10543-3353 COUNSEL TEL: 914/ 381-7815 FAX: 914/ 381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson,Town Administrator Allison May, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Solar Energy Date: January 31, 2025 I attach a proposed local law that will permit and regulate systems that convert solar energy into electricity, typically through rooftop solar panels. The smaller systems (defined as Tier 1 and Tier 2) will be allowed in all zoning districts. (In reading the proposed law this may not seem correct to you. That is because the permitted principal and accessory uses in a particular district often incorporate by reference such uses in other districts. For example, there is no mention of the R-6 zone;however, section 240-23 C,which governs the R-6 district,provides that the accessory uses permitted by section 240-21C are also allowed in the R-6 district. Thus, if this local law is adopted Tier 1 and 2 Solar Energy Systems will become permitted accessory uses in the larger residential districts and thus in the R-6 district.) Larger systems would be permitted only in the larger residential districts(R-30 and R-50), the multi-family district, the mixed use districts, the light industrial district and the recreation district. Because the local law includes amendments to the zoning ordinance, if the Town Board considers this proposed law worthy of public discussion, section 240-92 B. requires the Town Board to refer it to the Planning Board for its recommendation. The Planning Board has 45 days from receipt of the referral to render its report. Hence if the referral is made at the February 5th meeting, conducting a public hearing to consider whether to enact the law at the Town Board's April 2nd meeting will meet the referral timeline. } l Page 153 of 214 Local Law No. -2025 This local law shall be known as the`Regulation of Solar Energy" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The Town wishes to encourage the forms of energy that do not or minimize the use of fossil fuels. One such form is a system that converts sunlight into energy. Although the Town Board encourages the use of solar energy systems, it finds that regulating the construction and location of solar energy systems is important so that the installation of such systems will not have an unduly negative impact on the character of the Town. Section 2-Adoption of a new Chapter of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended by creating a new chapter that provides as follows: Chapter 181 Solar Energy § 181-1 Authority. This local law is adopted pursuant to sections 261-263 of the Town Law and section 20 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town law of the State of New York, to make provision, so far as conditions may permit, for the accommodation of solar energy systems (defined below) and equipment and access to sunlight necessary therefor. § 181-2 Purpose. This chapter is adopted for two purposes. First, to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment,with the following objectives: 1. To take advantage of sunlight, a safe, abundant, renewable and non-polluting energy resource, 2. To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses, Page 154 of 214 3. To increase employment and business development in the Town, to the extent reasonably practical,by furthering the installation of solar energy systems, 4. To mitigate the impacts of solar energy systems on environmental resources such as trees, wetlands,wildlife, and other protected resources, and 5. To create synergy between the use of solar energy and other goals of the Town's Comprehensive Plan adopted on May 22, 2024, and Second, regulate the construction and location of solar energy systems so that the installation of such systems will not have an unduly negative impact on the character of the Town. § 181-3 Definitions. As used in this section, the following terms shall have the meanings indicated,unless the context otherwise requires: BATTERY ENERGY STORAGE SYSTEM One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. A stand-alone 12-volt car battery or an electric motor vehicle shall not be deemed Battery Energy Storage Systems. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM A combination of Solar Panels and Solar Energy Equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption. FACILITY AREA The cumulative land area occupied for the operation of a solar energy generating facility. This shall include all areas and equipment within the facility area's perimeter boundary — including the solar energy system, onsite interconnection equipment, onsite electrical energy storage equipment, and any other associated equipment — as well as arty site improvements beyond the facility area's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features. GLARE The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respect. 2 Page 155 of 214 GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system which is secured to the ground via a pole, ballast system, or other mounting system, is detached from any other structure, and generates electricity for onsite or offsite consumption. KILOWATT (kW) A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kW. MEGAWATT (MW) A unit of power equal to 1,000 kW. The nameplate capacity of larger solar energy systems may be described in terms of MW. NAMEPLATE CAPACITY A solar energy system's maximum electric power output under optimal operating conditions. Nameplate Capacity may be expressed in terms of Alternating Current (AC) or Direct Current(DC). NATIVE PERENNIAL VEGETATION Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation. POLLINATOR Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects. ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption. SOLAR ACCESS Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties. SOLAR ENERGY EQUIPMENT Electrical material, hardware, inverters, conduit, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage of electricity. SOLAR ENERGY SYSTEM The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. Solar energy systems are classified as follows. 3 Page 156 of 214 A. Tier 1 Solar Energy Systems are: 1. Roof-Mounted Solar Energy Systems, 2. Building-Integrated Solar Energy Systems, or 3. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of up to 25 kW AC. B. Tier 2 Solar Energy Systems are Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate no more than 110% of the electricity consumed on the site over the previous 12 months. C. Tier 3 Solar Energy Systems are: 1. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate 110% or more of the electricity consumed on the site over the previous 12 months, or 2. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 1 MW AC but no more than 5 MW AC. D. Tier 4 Solar Energy Systems are solar energy systems which do not meet the definition of a Tier 1, Tier 2, or Tier 3 Solar Energy System. SOLAR PANEL A photovoltaic device capable of collecting and converting solar energy into electricity. § 181-4 Applicability. A. Solar energy systems constructed or installed prior to the effective date of this chapter shall not be required to meet its requirements. B. Modifications to a solar energy system constructed or installed prior to the effective date of this chapter that increases the Facility Area by more than 5% of the original Facility Area shall be subject to this chapter. Additional area enclosed due to the relocation of fencing shall not be included when calculating an increase in the size of a Facility Area. § 181-5 General Requirements. A. A building permit shall be required for the installation of all Solar Energy Systems. B. Prior to the issuance of the building permit or final approval by the Planning Board, construction and/or site plan documents must be signed and stamped by a New York State licensed Professional Engineer or Registered Architect. 4 Page 157 of 214 C. Wherever feasible,the Town Board, the Planning Board and the Board of Appeals may, and are encouraged to, condition approval of proposed developments on sites adjacent to Solar Energy Systems in a manner that will protect access by such Solar Energy System to sufficient sunlight to remain economically feasible over time. D. Issuance of approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617("SEQRA")]. E. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town Code. F. An applicant for a permit for a Solar Energy System that is subject to site plan review shall be required to pay the fees incurred by the Planning Board as provided in section 177-15 or section 177-14 of the Code. § 181-6 Tier 1 Solar Energy Systems. The Solar Energy Systems described in this section are Tier 1 Solar Energy Systems. Tier 1 Solar Energy Systems are permitted accessory buildings in all zoning districts and shall be exempt from site plan review but shall be subject to the following conditions: A. Roof-Mounted Solar Energy Systems (1) Roof-Mounted Solar Energy Systems shall incorporate, when feasible, the following design requirements (exceptions may be approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration): (a) Solar Panels on pitched roofs shall be mounted with a maximum distance of eight (8) inches between the roof surface and the highest edge of the system, shall be installed parallel to the roof surface on which they are mounted or attached and shall not extend higher than the highest point of the roof surface on which they are mounted or attached. (b) Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or more than twenty-four (24) inches above the flat surface of the roof, whichever is higher. (c) To reduce glare, all Solar Panels shall have anti-reflective coating(s). 5 Page 158 of 214 (d) All Roof-Mounted Solar Energy Systems must satisfy the height limitations specified for principal and accessory buildings within the zoning district in which the property is located. (2) Roof-Mounted solar Energy Systems shall be exempt from lot coverage requirements. B. Building-Integrated Solar Energy Systems shall be shown on the plans submitted with the building permit application for the building containing the system. C. Ground-Mounted Solar Energy Systems (a) Ground Mounted Solar Energy Systems must satisfy the setback requirements and the height limitations for accessory buildings within the zoning district in which the property is located. (b) In residential districts, Ground-Mounted Solar Energy Systems shall be installed only in rear yards. (c) To reduce glare, all Solar Panels shall have anti-reflective coating(s) D. All Tier 1 Solar Energy Systems shall be installed or erected in such a way as to minimize their appearance from adjacent properties to the extent reasonably practicable. E. Solar Energy Equipment shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and shading of properties lying to the north, while still providing adequate Solar Access. § 181-7 Tier 2 Solar Energy Systems. Tier 2 Solar Energy Systems are permitted accessory buildings in all zoning districts, shall be exempt from lot coverage requirements but shall be subject to site plan approval. Tier 2 Solar Energy Systems shall adhere to the same standards and requirements for Tier 1 Ground-Mounted Systems in Section 181-5. A. In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 2 Solar Energy Systems shall include the following: (1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Tier 2 Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for a Tier 2 Solar Energy System. 6 Page 159 of 214 (3) Nameplate Capacity of the Solar Energy System(as expressed in kW or MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features, including roads, of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage,fencing, landscaping, and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. (10)The FEMA designation of the Facility Area. B.Tier 2 Systems shall adhere to the following standards. (1) Tier 2 Solar Energy Systems shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. (2) Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. (3) To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area 7 Page 160 of 214 and integrated pest management practices shall be utilized to limit pesticide use (including herbicides)for long-term operation and site maintenance. § 181-8 Tier 3 Solar Energy Systems. Tier 3 Solar Energy Systems are permitted uses in the following zoning districts only: R-30, R- 50, R-TA,B-R, SB-R, B-MUB and R but shall be subject to site plan approval. A.In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 3 Solar Energy Systems shall include the following: (1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for a Tier 3 Solar Energy System. (3) Nameplate Capacity of the Solar Energy System(as expressed in MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features, including roads, of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing,landscaping, and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. 8 Page 161 of 214 (10)The FEMA designation of the Facility Area. (11) Erosion and sediment control and storm water management plans prepared in accordance with the provisions of Chapter 95 of the Code. (12)A Property Operation and Maintenance Plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming. (13) Decommissioning Plan [see Appendix 1] signed by the owner and/or operator of the Solar Energy System that addresses the following: [1] The time required to decommission and remove the Solar Energy System and any ancillary structures. [2] The time required to repair any damage caused to the Facility Area by the installation and removal of the Solar Energy System. [3] The cost of decommissioning and removing the Solar Energy System, as well as all necessary site remediation or restoration. If the owner or operator of a Solar Energy System changes or there is a change in ownership of the Facility Area, the site plan approval shall remain in effect, provided that the successor owner or operator assumes in writing all obligations of the decommissioning plan. A new owner or operator of a Solar Energy System shall notify the building department of such change in ownership or operator within 30 days of the ownership change. B. Prior to the issuance of a building permit, a decommissioning security deposit shall be made with the Town Clerk in the form of cash, bond, or other form of security reasonably acceptable to the Attorney for the Town in an amount sufficient to ensure the good faith performance of the terms and conditions of the site plan approval. C. The amount of the bond or security shall be 115% of the cost of removal and site restoration for the Tier 3 Solar Energy System and shall be reviewed every 5 years and updated as needed to reflect any changes (due to inflation or other cost changes). The decommissioning amount shall be reduced by the amount of the estimated salvage value of the Solar Energy System. The Building Inspector, the Town Engineer or the Director of Buildings and Land Use Administration may require an estimate of such costs signed and sealed by an engineer licensed by the State of New York. The decommissioning security deposit shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed. 9 Page 162 of 214 D. The Planning Board may issue site plan approval for a Tier 3 Solar Energy System only after it finds that all the following standards and conditions have been satisfied: (1)All utility lines located outside of the Facility Area are designed to be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment,including without limitation any poles, with new easements and right-of-way. (2)Vehicular paths within the Facility Area are designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction. E. No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Such information shall be depicted within an area that is no more than 8 square feet in size. F. Disconnect and other emergency shutoff information shall be displayed clearly on a light reflective surface in a manner that complies with the National Electric Code (NEC), A clearly visible warning sign concerning voltage shall be placed at the base of all pad- mounted transformers and substations. G. All Solar Panels shall have anti-reflective coating(s). H. Lighting of Tier 3 Solar Energy Systems shall be limited to what is minimally needed for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. I. The property on which a Tier 3 Solar Energy System is proposed shall meet the minimum lot size requirements of the zoning district in which the property is located. J. A Tier 3 Solar Energy System shall comply with the setback and lot coverage requirements for principal structures in the zoning district in which the property is located. Fencing, collection lines, access roads and landscaping may occur within such setbacks. K. All mechanical equipment, including any structure for Battery Energy Storage System components, shall be enclosed by a 7-foot-high fence with a self-locking gate to prevent unauthorized access. L. A Tier 3 Solar Energy System on a parcel less than 10 acres shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. M. A Tier 3 Solar Energy Systems on a parcel larger than 10 acres shall be required to: 10 Page 163 of 214 (1) Conduct a visual assessment of the visual impacts of the Solar Energy System on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided.Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, may be required to submitted by the applicant. (2) Submit a screening and landscaping plan that shows measures to screen views of Solar Panels and Solar Energy Equipment from public roadways and adjacent properties to the extent reasonably practical through landscaping, grading, or other means. (i) The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town. (ii) The Planning Board may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels. N. Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. O. Owners of a Tier 3 Solar Energy System shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing Native Perennial Vegetation and foraging habitat beneficial to game birds, songbirds, and Pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the Facility Area. P. To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area and integrated pest management practices shall be utilized to limit pesticide use(including herbicides) for long-term operation and site maintenance. Q. A Tier 3 Solar Energy System may not exceed 15 feet in height. 11 Page 164 of 214 § 181-9 Tier 4 Solar Energy Systems. All Tier 4 Solar Energy Systems are permitted uses in the following zoning districts only: LI and R and are subject to the site plan approval. A. In addition to the requirements for submitting an application for site plan approval, applications for site plan approval of a Tier 4 Solar Energy System shall follow the same application procedure as for a Tier 3 Solar Energy System. § 181-10 Safety. A. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes as required. B. Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Town of Mamaroneck Fire Department and, if a Tier 3 or a Tier 4 Solar Energy System is located in an ambulance district,the Town of Mamaroneck Ambulance District. C. If a Battery Energy Storage System is included as part of the Solar Energy System, it shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with all applicable laws and regulations. D. To facilitate access to the Facility Area by local first responders, an emergency key box or similar device shall be installed. The type of box and its location shall comply with Chapter 91 of the Code. § 181-11 Abandonment of Approval. A. Site plan approval for a Solar Energy System shall expire if a building permit therefor is not obtained within 36 months after the approval is given. If a building permit is obtained within 36 months after the approval is given but construction is not completed within 12 months after the building permit is issued, the applicant shall be allowed to request two 6-month extensions to complete construction. Approval of a request to extend the time to complete construction shall not be unreasonably withheld. If the owner and/or operator fails to perform substantial construction before the building permit or the last extension thereof expires, the site plan approval shall expire. B. If a Solar Energy System ceases to generate electricity on a continuous basis for twelve consecutive months, the Town may instruct the owner and/or operator of the Solar Energy System to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification. 12 Page 165 of 214 C. If the owner and/or operator fails to comply with decommissioning after being instructed to do so, the Town may utilize the decommissioning security deposit to remove the Solar Energy System and restore the Facility Area in accordance with the decommissioning plan. § 181-12 Enforcement. Any violation of this Solar Energy Law shall be subject to the same enforcement procedures, including the civil penalties,provided for violating the Town's zoning or land use laws. Appendix 1: Example Decommissioning Plan Date:[Datel Decommissioning Plan for[Solar Project Name],located at:[Solar Project Address] Prepared and submitted by polar Developer Name], the owner of]Solar Farm Namej The jSolar Developer Namej presents this decommissioning plan for polar Project Name] (the "Facility"). System decommissioning shall be required as a result of any of the following conditions: 1. The land lease—if any—ends,unless the project owner has acquired the land. 2. The Solar Energy System ceases to generate electricity on a continuous basis for 12 months. 3. The Solar Energy System is damaged and will not be repaired or replaced. If any of the above conditions are met, and upon instruction from the Town, Polar Developer Namej shall implement this decommissioning plan. System decommissioning and removal, as well as all necessary site restoration or remediation activities, shall be completed within 12 months. The owner of the land on which the Facility was installed or erected shall restore the property to its condition as it existed before the Facility was installed or erected, pursuant to which shall include the following: 1. Removal of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations located less than 36-inches below the soil surface. 2. Removal of any solid and hazardous waste caused by the Facility in accordance with local, state, and federal waste disposal regulations. 3. Removal of all graveled areas and access roads unless the landowner requests in writing for it to remain. An appendix is included in this plan to provide a project schedule detailing a breakdown of tasks required for the decommissioning removal of the system, including: 1. Time required to decommission and remove the system and any ancillary structures. 2. Time required to repair any damage caused to the property by the installation and removal of the system. 13 Page 166 of 214 The cost of system decommissioning and removal, as well as all necessary site remediation and restoration activities, is estimated to be $fXXX[ as of the date and time this application is filed. A decommissioning security has been executed in the amount of 115% of the cost of system decommissioning,removal, and site restoration. This cost estimate and decommissioning surety may be revisited every 5 years and updated as needed to account for inflation or other cost changes. The owner of the Facility, currently [Solar Developer Name, is responsible for this decommissioning. Facility Owner Signature: _ Date: Section 3—Amendment of an Existin Y Section of the Code of the Town of Mamaroneck Section 240-21 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (9), (10) and (11): § 240-21 One-Family Residence Districts: R-50,R-30,R-20,R-15,R-10 and R-7.5 C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (9) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (10) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (11) In R-30 and R-50 zoning districts only, Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 4—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-21.1 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (10), (11), (12 and (13): §240-21.1 Recreation District: R C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (10) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (11) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. 14 Page 167 of 214 (12) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. (13) Tier 4 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 5—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-25 of the Code of the Town of Mamaroneck is amended to add the following new subsection D: § 240-25 Business-Mixed Use Business District:B-MUB D. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (1) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (2) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (3) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Existing subsections D.,E., F and G. are re-lettered E., F., G, and H,respectively. Section 6—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-27 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraph(3): §240-27 Tower Apartment District:R-TA C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (3) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 7—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-30 D. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (4), (5) and (6): §240-30 Business-Residential District: B-R D. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). 15 Page 168 of 214 (4) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 8—Amendment of an Existinz Section of the Code of the Town of Mamaroneck Section 240-31 of the Code of the Town of Mamaroneck is renamed Service Business-Residential District: SB-R and subsection C.is amended to add the following new paragraphs (4), (5) and(6): §240-31 Service Business-Residential District: B-R C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (4) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 9—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-32 C. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: §240-32 Light Industrial: LI C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (1) The same as§ 240-31, above (2) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (3) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (4) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 4 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 10—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-52 A. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: 16 Page 169 of 214 The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residence district such fence or wall shall not exceed four feet in height in any required front yard and/or five feet in height in any required side or rear yard, except for fences or walls surrounding a Tier 3 Solar System (defined in Chapter 181) which can be as high as seven feet in height. For the purposes of this chapter, the height of any retaining wall shall be included in the computation of the height of a wall or fence placed on top of or above such retaining wall or at a distance of four feet or less horizontally from the retaining wall, in determining whether or not a wall or fence meets the heights restrictions of this provision. Section 11—Severabiliiv: 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 12—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 31,2025 17 Page 170 of 214 c m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Ambulance District Equipment- Lease Agreement Date: February 5, 2025 Attached, please find a memo from Mike Liverzani regarding the lease for Ambulance District equipment from Stryker Sales LLC. As you may recall, this lease combines all of the Town-owned equipment under one master lease agreement and covers maintenance, batteries, and service. The annual fee for services is guaranteed not to increase when renewed in 5 years. Action Requested: Resolved that the Town Board hereby approves the 5-year lease agreement with Stryker Sales LLC for Ambulance District equipment and maintenance for an annual amount not to exceed $203,616.00 with the option by Stryker to renew for an additional 5 years under the same terms and hereby authorizes the Town Administrator to execute the agreement and one extension if applicable and any related documents necessary to carry out its implementation. Attachment/s: Stryker Lease Agreement- Ambulance District Page 171 of 214 O q e• z Town of Mamaroneck ,tik. Town Center OUNOE 740 West Boston Post Road,Mamaroneck,NY 10543-3353 AMBULANCE DISTRICT TEL:914/381-7838 FAX:914/381-7809 mamk ambu i anced i s t @ tow no ftn amaro neck.a rg To: Meredith Robson Date: 1/31/25 From:Michael Liverzani Re: Stryker Lease Attached please find the Stryker equipment lease that we discussed in budget preparations. Bill Maker reviewed the contract and approved of the language after some negotiations with Stryker. The lease is for new stretchers, Power Loads, AED's, Lucas CPR devices and new heart monitors. This lease brings all of the Town owned equipment into one agreement that includes maintenance, batteries and service. The lease consists of 2 consecutive 5-year terms , and the equipment is replaced at the 5-year mark. The cost is $203,616 a year and guaranteed not to go up in the 10-year lease period. The expense will be allocated to the Ambulance District, Fire Dept, Police Dept, Recreation, Senior Center and Town Center budgets based on the equipment allocated to each department. Page 172 of 214 Flex Financial,a division of Stryker Sales,LLC Stryker 1901 Romence Road Parkway Portage, MI 49002 t: 1-888-308-3146 f:877-204-1332 Date:January 31,2025 RE: Reference no:0110231807 TOWN OF MAMARONECK AMBULANCE DISTRICT 740 W BOSTON POST RD MAMARONECK, New York 10543-3345 Thank you for choosing Stryker for your equipment needs. Enclosed please find the documents necessary to enter into the arrangement.Once all of the documents are completed, properly executed and returned to us,we will issue an order for the equipment. PLEASE COMPLETE ALL ENCLOSED DOCUMENTS TO EXPEDITE THE SHIPMENT OF YOUR ORDER. Master Agreement Lease Schedule to Master Agreement Exhibit A-Detail of Equipment State and Local Government Rider Opinion of Counsel Addendum **Conditions of Approval:Opinion of Counsel,Customer PO, State and Local Government Rider,Federal ID,Tax Exempt Certificate if applicable PLEASE PROVIDE THE FOLLOWING WITH THE COMPLETED DOCUMENTS: Federal tax ID number: Accounts Payable address: Purchase order number: Upfront Payment Check No: Contact name: (if applicable) Phone number: Email address: ADMINISTRATIVE CONTACT Administrative contact name: Administrative contact name: Email address: Email address: Phone number: Phone number: Please fax completed documents to(877)204-1332. If you have any questions regarding these documents,please email:StrykerFinancialSolutions@stryker.com. The proposal evidenced by these documents is valid through the last business day of November,2024 Sincerely, Flex Financial,a division of Stryker Sales,LLC Notice:To help the government fight the funding of terrorism and money laundering activities,U.S.Federal law requires financial institutions to obtain, verify and record information that identifies each person(individuals or businesses)who opens an account.What this means for you:When you open an account or add any additional service,we will ask you for your name,address,federal employer identification number and other information that will allow us to identify you.We may also ask to see other identifying documents.For your records,the federal employer identification number for Flex Financial,a Division of Stryker Sales,LLC is 38-2902424. Page 173 of 214 Agreement No.:0110231807 MASTER AGREEMENT No.0110231807 Stryker Owner: Customer: Flex Financial,a division of Stryker Sales,LLC TOWN OF MAMARONECK AMBULANCE DISTRICT 1901 Romence Road Parkway 740 W BOSTON POST RD Portage, MI 49002 MAMARONECK, New York 10543-3345 1. Master agreement. The undersigned Customer("Customer")unconditionally and irrevocably agrees with the above referenced Owner(together with all of its successors and Assignees,collectively,"Owner")to use or acquire,as applicable,the equipment and other personal property and services,if any(together with al additions and attachments to it and all substitutions for it,collectively,the"Equipment")described in each Equipment Schedule referencing this Agreement(which may be in the form of an Equipment Lease Schedule, Equipment Rental Schedule, Equipment Use Schedule, Fee Per Disposable Schedule, Fee Per Implant Schedule, Equipment Purchase Schedule or other schedule referencing this Agreement,each,together with any attachments thereto,an "Equipment Schedule' and purchased from the Supplier(s)noted in the applicable Equipment Schedule (each a"Supplier"). Each Equipment Schedule shall incorporate by reference al of the terms of this Agreement and shall constitute a separate agreement(each such Equipment Schedule,together with such incorporated terms of this Agreement, collectively,a"Schedule")that is assignable separately from each other Schedule.In the event of a conflict between this Agreement and the terms of an Equipmen Schedule,the terms of the Equipment Schedule shall prevail. No provision of a Schedule may be amended except in a writing signed by Owner's and Customer's duly authorized representatives. 2. Risk of loss. Effective upon delivery to Customer and continuing until the Equipment is returned to Owner in accordance with the terms of each Schedule Customer shall bear all risks of loss or damage to the Equipment and if any loss occurs Customer is nevertheless required to satisfy all of its obligations under each Schedule. 3. Payments/fees.All periodic payments, "Semi-Annual Differential"(if a Fee Per Disposable Schedule or Fee Per Implant Schedule)and other amounts due from Customer to Owner under a Schedule are collectively referred to as"Payments". Unless otherwise instructed by Owner in writing, all Payments shall be made to Owner's address in the applicable Schedule.Any payment by or on behalf of Customer that purports to be payment in full for any obligation under any Schedule may only be made after Owner's prior written agreement to accept such payment amount. If Customer fails to pay any amount due under a Schedule within ten (10)days after its due date,Customer agrees to pay a late charge equal to(as reasonable liquidated damages and not as a penalty)five percent(5%)of the amoun of each such late payment. If any check or funds transfer request for any Payment is returned to Owner unpaid, Customer shall pay Owner a service charge of$55 for each such returned check or request. Customer authorizes Owner to adjust the Payments at any time if taxes included in the Payments differ from Owner's estimate. Customer agrees that the Payments under a Schedule were calculated by Owner based, in part,on an interest rate equivalent as quoted on Bloomberg under the SOFR Swap Rate, that would have a repayment term equivalent to the initial term (or an interpolated rate if a like-term is not available)as reasonable determined by us(and if the SOFR Swap Rate is no longer provided by Bloomberg, such rate shall be determined in good faith by Owner from such sources as Owner shall determine to be comparable to Bloomberg[or any successor]),and in the event the date the Equipment is delivered to Customer under any Schedule is more than 30 days after Owner sends the Schedule to Customer,Owner may adjust the Payments once to compensate Owner, in good faith,for any increase in such rate. "SOFR"with respect to any day means the secured overnight financing rate published for such day by the Federal Reserve Bank of New York, as the administrator of the benchmark, (or a successor administrator)on the Federal Reserve Bank of New York's website as quoted by Bloomberg. 4. Equipment. Customer shall keep the Equipment free of liens,claims and encumbrances,and shall not modify, move,sell,transfer,or otherwise encumber any Equipment or permit any Equipment to be used by others or become attached to any realty, in each case without the prior written consent of Owner,which consent shall not be unreasonably withheld.Any modification or addition to any Equipment shall automatically become the sole property of Owner, unless the Schedule is an Equipment Purchase Schedule or Customer selects$1.00 Buyout for any Schedule. Owner shall have the right to enter Customer's premises during business hours to inspect any Equipment and observe its use upon at least one(1)day's prior written or verbal notice. Customer shall comply with all applicable laws, rules and regulations concerning the operation,ownership,use and/or possession of the Equipment. 5.Obligations absolute.Customer's Payments and other obligations under each Schedule are absolute and unconditional and non-cancelable regardless of any defect or damage to the Equipment (or Disposables/Implants, if applicable) or loss of possession, use or destruction of the Equipment (or Disposables/Implants, if applicable) and are not subject to any set-offs, recoupment, claims, abatements or defenses, provided that neither this Agreement nor any Equipment Schedule shall impair any express warrantees or indemnifications, written service agreements or other obligations of Stryker Corporation or any of its subsidiaries to Customer regarding the Equipment and Owner hereby assigns all of its rights in any Equipment warrantees to Customer.Customer waives all rights to any indirect, punitive,special or consequential damages in connection with the Equipment or any Schedule. 6. Use/assignment/disclaimers.All Equipment shall be used solely for business purposes, and not for personal or household use. Customer shall maintain the Equipment in good repair in accordance with the instructions of the Supplier so that it shall be able to operate in accordance with the manufacturer's specifications CUSTOMER SHALL NOT TRANSFER OR ASSIGN ANY OF ITS RIGHTS OR OBLIGATIONS UNDER ANY SCHEDULE OR EQUIPMENT without Owner's prior written consent,which consent shall not be unreasonably withheld.Customer shall promptly notify Owner in writing of any loss or damage to any Equipment.Owner shall own the Equipment(unless the Schedule is an Equipment Purchase Schedule or Customer selects$1.00 Buyout for any Schedule). Owner may sell,assign transfer or grant a security interest to any third party(each,an "Assignee")in any Equipment, Payments and/or Schedule,or interest therein, in whole or in part without notice to or consent by Customer. Customer agrees that Owner may assign its rights under and/or interest in each Schedule and the related Equipment to an Assignee immediately upon or any time after Owner's acceptance of each Schedule and upon such assignment, Customer consents to such assignment and acknowledges that references herein to"Owner"shall mean the Assignee. No Assignee shall assume or be liable for any of the Original Owner's(as defined below) obligations to Customer even though an Assignee may continue to bill and collect all of Customer's obligations under this Agreement in the name of"Flex Financial a division of Stryker Sales, LLC. "Customer acknowledges that such Assignee is not the manufacturer or supplier of any Equipment and is not responsible for its delivery, installation, repair, maintenance or servicing and no Assignee shall have any obligations or liabilities of any kind whatsoever concerning or relating to the Equipment. Customer has selected each Supplier and manufacturer and all of the Equipment. Neither the Original Owner, Supplier nor any manufacturer is an agent of any Assignee,and no representative of the Original Owner, manufacturer or any Supplier is authorized to bind any Assignee for any purpose or make any representation on Assignee's behalf. Customer agrees to look only to Stryker Sales, LLC (the "Original Owner"), the Supplier(s)or the manufacturer(s)for any defect or breach of warranty regarding the Equipment.AS TO ANY ASSIGNEE,CUSTOMER TAKES AND USES THE EQUIPMENT ON AN "AS-IS", "WHERE- IS" BASIS. ASSIGNEE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY EQUIPMENT, INCLUDING,WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT, IF ANY, THAT CUSTOMER HAS ANY CLAIMS, RIGHTS OR DEFENSES AGAINST THE ORIGINAL OWNER, ANY MANUFACTURER AND/OR ANY SUPPLIER,CUSTOMER SHALL RAISE SUCH CLAIMS,RIGHTS OR DEFENSES ONLY AGAINST THE ORIGINAL OWNER,MANUFACTURER OR SUPPLIER AND NOT AGAINST ASSIGNEE AND SHALL NONE-THE-LESS PAY ALL PAYMENTS AND OTHER AMOUNTS DUE UNDER A SCHEDULE TO THE ASSIGNEE ON THEIR RESPECTIVE DUE DATES WITHOUT ANY DEFENSE,RECOUPMENT,SETOFF,ABATEMENT,CLAIM OR COUNTERCLAIM OF ANY NATURE. THE ORIGINAL OWNER (INCLUDING FLEX FINANCIAL,A DIVISION OF STRYKER SALES, LLC) MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY EQUIPMENT. 7. Insurance/indemnification.Customer shall at all times maintain and provide Owner with certificates of insurance evidencing (i) third-party general liability insurance (covering death and personal injury and damage to third party property)with a minimum limit of$1 million combined single limit per occurrence and (ii) property insurance covering the Equipment against fire,theft,and other loss,damage or casualty for the full replacement value of the Equipment in each case with insurers acceptable to Owner. Such policies shall list Owner and each Assignee as an additional insured and sole loss payee, as applicable, for such insurance Such insurance policies shall require the insurer to provide Owner with at least 30 days'prior written notice of any material change in or cancellation of the insurance In the event that Owner determines that the insurance is not in effect, Owner may (but shall not be required to)obtain such insurance and add an insurance fee (which may include a profit)to the amounts due from Customer under the applicable Schedule.Upon any loss or damage to any Equipment,Customer shall continue to pay all Payments due under the related Schedule for the remainder of its term and shall, at Owner's sole election, either repair such Agreement#0110231807 Page 174 of 214 MASTER AGREEMENT No.0110231807 Stryker Equipment or replace it with comparable equipment satisfactory to Owner.Proceeds of insurance shall be paid to Owner with respect to any Equipment loss,damage theft or other casualty and shall,at the election of Owner,be applied either to the repair of the Equipment by payment by Owner directly to the party completing the repairs,or to the reimbursement of Customer for the cost of such repairs;provided,however,that Owner shall have no obligation to make such payment or any pars thereof until receipt of such evidence as Owner shall deem satisfactory that such repairs have been completed and further provided that Owner may apply such proceeds to the payment of any Payments or other sum due or to become due hereunder if at the time such proceeds are received by Owner there shall have occurred any Event of Default or any event which with lapse of time or notice,or both,would become an Event of Default.To the extent not expressly prohibited by applicable law, Customer will reimburse and defend Owner, including each Assignee for and against any losses, injuries, damages, liabilities,expenses,claims or legal proceedings asserted against or incurred by Owner, including any Assignee, relating to the Equipment and which relate to or arise out of Customer's act or omission or the act or omission of Customer's agents or employees or others(excluding Owner)with access to the Equipment.All Taxes and indemnity obligations shall survive the termination,cancellation or expiration of a Schedule. 8.UCC filings.CUSTOMER WAIVES ANY AND ALL RIGHTS AND REMEDIES GRANTED TO CUSTOMER BY SECTIONS 2A-508 THROUGH 2A-522 OF THE UNIFORM COMMERCIAL CODE("UCC").If and to the extent that this Agreement or a Schedule is deemed a security agreement(or if the Schedule is an Equipment Purchase Schedule or Customer selects$1.00 Buyout for any Schedule), Customer hereby grants to Owner,its successors and assigns,a security interest in all o Customer's rights under and interest in the Equipment,all additions to the Equipment and all proceeds of the foregoing.Such security interest secures all Payments and other obligations owing by Customer to Owner under the applicable Schedule. Customer authorizes Owner and any Assignee to file UCC financing statements disclosing Owner's or Assignee's interest in the Equipment. Customer shall provide Owner with at least 45 days'prior written notice of any change to Customer's principal place of business,organization or incorporation. 9.Taxes. (a)Reporting and Payment. If permitted by applicable law and except as noted below, Owner shall pay when and as due all sales, use, property, excise and other taxes,and all license and registration fees now or hereafter imposed by any governmental body or agency upon any Schedule or the ownership, use, possession, or sale of the Equipment,together with all interest and penalties for their late payment or non-payment("Taxes").Customer shall indemnify and hold Owner harmless from any such Taxes.Owner shall prepare and file all tax returns relating to Taxes for which Owner is responsible hereunder or which Owner is permitted to file under the laws of the applicable taxing jurisdiction. Except with respect to Equipment subject to an Equipment Purchase Schedule or$1.00 Buyout, Customer will not lisi any of the Equipment for property tax purposes or report any property tax assessed against the Equipment. Upon receipt of any tax bill pertaining to the Equipment from the appropriate taxing authority, Owner will pay such tax and will invoice Customer for the expense. Upon receipt of such invoice, Customer will promptly reimburse Owner for such expense. If the Equipment is subject to an Equipment Purchase Schedule or$1.00 Buyout,Customer shall report and pay all applicable property taxes on such Equipment.Nothing in this Subsection shall be deemed to prohibit Customer from reporting,for informational purposes only and to the extent required under applicable law,that it uses the Equipment. (b)Tax Ownership. (i) If Customer selects$1.00 Buyout for any Schedule,the parties intend that Customer shall be considered the owner of the Equipment for tax purposes; provided, however,that Owner shall not be deemed to have violated this Agreement or any Schedule by taking a tax position inconsistent with the foregoing to the extent such a position is required by law or is taken though inadvertence so long as such inadvertent tax position is reversed by Owner promptly upon its discovery. (ii)If Customer selects the Fair Market Value Option or the Fixed Purchase Option for any Schedule,the parties intend that the Schedule will not be a"conditiona sale",and that Owner shall at all times and for all purposes be considered the owner of the Equipment(including for income taxes purposes),and that such Schedule will convey to Customer no right,title or interest in any of the Equipment excepts the right to use the Equipment as described in the Schedule.Customer will not take any actions or positions inconsistent with treating Owner as the owner of the Equipment on or with respect to any income tax return. Should either the United States government(or agency thereof)or any state or local tax authority disallow,eliminate,reduce,recapture,or disqualify,in whole or in part, the Equipment tax benefits claimed under a Schedule by Owner as a result of any act or omission of Customer(collectively, "Tax Loss"), to the extent not prohibited by applicable law, Customer will indemnify Owner (on a net after tax basis) against all Tax Losses suffered, including the amount of any interest or penalties which might be assessed on Owner by the governmental authority(ies)with respect to such Tax Loss. All references to Owner in this Section include Owner and the consolidated taxpayer group of which Owner is a member.All of Owner's(including any Assignee's)rights, privileges and indemnities contained in this Section shall survive the expiration or other termination of this Agreement. The rights, privileges and indemnities contained herein are expressly made for the benefit of,and shall be enforceable by Owner(including any Assignee),or its respective successors and assigns. 10. Facsimile copies. Owner may from time to time, in its sole discretion, accept a photocopy or facsimile of this Agreement and/or any Schedule (bearing a photocopied or electronically transmitted copy of Customer's signature) as the binding and effective record of such agreement(s)whether or not an ink signed counterpart thereof is also received by Owner from Customer,provided,however,that no Schedule shall be binding on Owner unless and until executed by Owner Any such photocopy or electronically transmitted facsimile received by Owner shall when executed by Owner, constitute an original document for the purposes o establishing the provisions thereof and shall be legally admissible under the "best evidence rule"and binding on Customer as if Customer's manual ink signature was personally delivered. 11.Notices.All notices required or provided for in any Schedule,shall be in writing and shall be addressed to Customer or Owner,as the case may be,at its address set forth above or such other address as either such party may later designate in writing to the other party.Such notice shall be considered delivered and effective: (a)upon receipt,if delivered by hand or overnight courier,or(b)three(3)days after deposit with the U.S. Postal Service,if sent certified mail, return receipt requested with postage prepaid. No other means of delivery of notices shall be permitted. 12.Default;remedies.Customer will be in"default"under a Schedule,if any one or more of the following shall occur:(a)Customer or any Guarantor of any Schedule ("Guarantor")fails to pay Owner any Payment due under any Schedule within ten (10)days after it is due, or(b)Customer or any such Guarantor breaches any other term of any Schedule,or(c)Customer or any such Guarantor makes any misrepresentation to Owner,or(d)Customer or any such Guarantor fails to pay any other material obligation owed to Owner,any of Owner's affiliates,or any other party,or(e)Customer or any such Guarantor shall consent to the appointment of a receiver,trustee or liquidator of itself or a substantial part of its assets,or(f)there shall be filed by or against Customer or any such Guarantor a petition in bankruptcy, or(g)Customer's articles of incorporation or other formation documents shall be amended to change Customer's name and Customer fails to give Owner written notice of such change(including a copy of any such amendment)on or before the date such amendment becomes effective,or(h)Customer's legal existence in its state of incorporation or formation shall have lapsed or terminated, or(i)Customer shall dissolve, sell, transfer or otherwise dispose of all or substantially all of its assets,without Owner's prior written consent,which consent shall not be unreasonably withheld, or(j)without prior written consent of Owner,which consent shal not be unreasonably withheld,Customer merges or consolidates with any other entity and Customer is not the survivor of such merger or consolidation.Upon default, Owner may do any one or more of the following: (1)recover from Customer the sum of(A)any and all Payments, late charges and other amounts then due and owing under any or all Schedules,(B)accelerate and collect the unpaid balance of the remaining Payments scheduled to be paid under any or all Schedules,together with Owner's anticipated residual interest in any or all Equipment subject to them, both discounted to present value at a rate of 3% per annum, and (C)Owner's related reasonable attorneys'fees, collection costs and expenses; (2)enter upon Customer's premises and take possession of any or all of such Equipment; (3; terminate any or all Schedules; and/or(4) utilize any other right or remedy provided by applicable law. Customer shall also pay to Owner interest on all unpaid amounts due under a Schedule from the due date of such amounts until paid in full,at a rate per annum equal to the lower of 1-1/2%per month or the highest rate of interest permitted by applicable law(the "Default Interest Rate"). In the event the Equipment is returned or repossessed by Owner, Owner will, if commercially reasonable,sell or otherwise dispose of the Equipment,with notice as required by law,and apply the net proceeds after deducting the costs and expenses of such sale or other disposition, to Customer's obligations hereunder with Customer remaining liable for any deficiency and with any excess being retained by Owner or applied as required by law. If Customer fails to perform or comply with any of its agreements or obligations,Owner may perform or comply with such agreements or obligations in its own name or in Customer's name as attorney-in-fact and the amount of any payments and expenses of Owner incurred in connection with such performance or compliance,together with interest thereon at the Default Interest Rate,shall be payable by Customer to Owner upon demand.No express or implied waiver by Owner of any default or breach of Customer's obligations hereunder shall constitute a waiver of any other default or breach of Customer's obligations hereunder. Agreement#0110231807 Page 175 of 214 MASTER AGREEMENT No.0110231807 Stryker 13. Miscellaneous.All Schedules shall be binding on Customer's successors and permitted assigns,and shall be for the benefit of Owner and its successors and Assignees. EACH SCHEDULE SHALL BE GOVERNED BY THE LAWS OF MICHIGAN,WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICT OF LAWS OR CHOICE OF LAW. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATING TO ANY SCHEDULE OR EQUIPMENT. The parties do not intend to exceed any applicable usury laws. If for any reason a Schedule is held to constitute a loan of money, any amounts payable under such Schedule in excess of the applicable highest lawful rate of interest shall be deemed a prepayment of any principal amount due under the Schedule and, if such principal is paid in full,such excess amounts shall be immediately refunded to Customer. Customer agrees that i shall upon request from Owner, promptly provide to Owner a copy of Customer's most recent annual financial statements and any other financial information o Customer(including interim financial statements)that Owner may request.Customer authorizes Owner to share such information with Owner's affiliates for purposes of credit approval. Customer expressly authorizes credit reporting agencies and other persons to furnish credit information to Owner and its Assignees (and prospective Assignees),separately or jointly with other creditors or Owners,for use in connection with this Agreement or any Schedule.Customer agrees that Owner may provide any information or knowledge Owner may have about Customer or about any matter relating to this Agreement or any Schedule to any one or more Assignees(and prospective Assignees). Owners and joint users of such information are authorized to receive and exchange credit information and to update such information as appropriate during the term of this Agreement and each Schedule.Information about Customer may be used for marketing and administrative purposes and shared with Owner's affiliates.Customer may direct Owner not to share that information(except transaction and experience information and information needed for credit approval)with Owner's affiliates by writing to the Owner's address referenced above.This Agreement will not be valid until accepted by Owner(as evidenced by Owner's signature below). Customer represents and warrants to Owner, that effective on the date on which Customer executes this Agreement and each Schedule:(i)if Customer is a partnership,corporation,limited liability company or other legal entity,the execution and delivery of this Agreement and each Schedule and the performance of Customer's obligations hereunder and thereunder have been duly authorized by all necessary action on the part of the Customer; (ii)the person signing this Agreement and each Schedule on behalf of Customer is duly authorized; (iii)all information provided by Customer to Owner in connection with this Agreement and each Schedule is true and correct; and (iv)this Agreement and each Schedule constitute legal, valid and binding obligations of Customer enforceable against Customer in accordance with their terms.This Agreement and each Schedule may be executed in counterparts and any facsimile,photographic or other electronic transmission and/or electronic signing or manual signing of any Schedule by Customer and when manually countersigned by Owner or attached to Owner's original signature counterpart shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evidence thereof; provided, however, that: (i)if a Schedule constitutes"electronic chattel paper"or"an electronic record evidencing chattel paper" under the UCC and both Owner and Customer have signed electronically,the version identified by Owner as the"single authoritative copy"is the chattel paper for purposes of perfection by control and (ii)the Agreement may be signed electronically by both parties. . Customer agrees not to raise as a defense to the enforcement of this Agreement or any related documents hereto the fact that such documents were executed by electronic means.Any provision of a Schedule which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions of the Schedule, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. Paragraph headings are for convenience only,are not pars of the Schedule and shall not be deemed to affect the meaning or construction of any of the provisions hereof. Customer has not received any tax or accounting advice from Owner. This Agreement, any Schedules, any attachments to this Agreement or any Schedules and any express warrantees made by Stryker Sales LLC constitute the entire agreement between the parties hereto regarding the Equipment and its use and possession and supersede all prior agreements and discussions regarding the Equipment and any prior course of conduct.There are no agreements,oral or written,between the parties which are contrary to the terms of this Agreement and such other documents. CUSTOMER HAS READ THIS AGREEMENT AND EACH SCHEDULE BEFORE SIGNING IT. Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Agreement#0110231807 Page 176 of 214 strvker EQUIPMENT SCHEDULE NO. 001 TO MASTER AGREEMENT NO.0110231807 (Equipment Lease Schedule) Owner: Customer: Flex Financial,a division of Stryker Sales,LLC TOWN OF MAMARONECK AMBULANCE DISTRICT 1901 Romence Road Parkway 740 W BOSTON POST RD Portage, MI 49002 MAMARONECK,New York 10543-3345 Supplier:Stryker Sales, LLC,3800 E. Centre Avenue, Portage, MI 49002 Equipment description:see part I on attached Exhibit A (and/or as described in invoice(s)or equipment list attached hereto and made a part hereof collectively,the"Equipment") Equipment Location:740 W BOSTON POST RD,MAMARONECK,New York 10543-3345 Schedule of periodic rent payments: 5 Annual payments of$203,616.00(Plus Applicable Sales/Use Tax) Term in months:60 Minimum monthly uses: n/a Fee per use: n/a Purchase term(If blank,the Fair Market Value Option will be deemed chosen):Fair Market Value Option TERMS AND CONDITIONS 1. Lease agreement/term/acceptance/payments.The undersigned Customer("Customer")unconditionally and irrevocably agrees to lease from the Owner whose name is listed above("Owner")the Equipment described above,on the terms specified in this Schedule, including all attachments to this Schedule and in the Master Agreement referred to above (as amended from time to time, the "Agreement"). Except as modified herein, the terms of the Agreement are hereby ratified and incorporated into this Schedule as if set forth herein in full, and shall remain fully enforceable throughout the Term of this Schedule (as defined below). Capitalized terms used and not otherwise defined in this Schedule have the respective meanings given to those terms in the Agreement.The term of this Schedule("Term") shall start on the day the Equipment is delivered to Customer and shall continue for the number of months set forth above beginning with the Rent Commencement Date (as defined below). Customer shall be deemed to have accepted the Equipment for lease under this Schedule on the date that is ten (10)days after the date it is shipped to Customer by the Supplier("Acceptance Date")and,at Owner's request, Customer shall confirm for Owner such acceptance in writing. No acceptance of any item of Equipment may be revoked by Customer. The Periodic Rent Payments described above ("Periodic Rent")shall be paid commencing on (i)the first day of the month following the month in which the Acceptance Date occurs, if the Acceptance Date is on or before the 15th of the month, or(ii)the first day of the second month following the month in which the Acceptance Date occurs, if the Acceptance Date is after the 15th day of the month ("Rent Commencement Date"). Unless otherwise instructed by Owner in writing,all Periodic Rent and other amounts due hereunder shall be made to Owner's address above.Any payment by or on behalf of Customer that purports to be payment in full for any obligation under this Schedule may only be made after Owner's prior written agreement to accept such payment amount. Periodic Rent is due monthly beginning on the Rent Commencement Date and continuing on the same day of each consecutive month thereafter during the Term regardless of whether or not Customer receives an invoice for it. The Minimum Monthly Uses and Fee Per Use described above shall not affect the amount of any monthly payment. 2. Purchase terms/return of equipment. If either the Fair Market Value Option or the Fixed Purchase Option applies to this Schedule, upon expiration of the Term and provided that this Schedule has not been terminated early and Customer is in compliance with this Schedule in all respects, Customer may upon at least 90 but not more than 180 days prior written notice to Owner exercise the applicable purchase option and upon the giving of such notice Customer shall be irrevocably and unconditionally obligated to purchase all(but not less than all)of the Equipment for the purchase amount shown above(plus all applicable Taxes),which amount shall be due and payable upon the expiration of the Term of this Schedule. If the$1.00 Buyout applies to this Schedule,upon expiration of the Term,Customer shall pay all amounts owed by Customer hereunder but unpaid as of such date and $1.00(plus all applicable Taxes).Any purchase of the Equipment by Customer pursuant to a purchase option or$1.00 Buyout shall be "AS IS,WHERE IS",without representation or warranty of any kind from Owner. "Fair Market Value"shall be the amount determined by Owner as the fair market value of the Equipment on the basis of an arms-length sale between an informed and willing buyer who is currently in possession of the Equipment and a willing Seller under no compulsion to sell. Upon(x)any early termination of this Schedule or(y)the expiration of the Term of this Schedule and Customer has not exercised any option to purchase available to it under the terms of this Schedule,if any,the$1.00 Buyout does not apply and Customer has given Owner at least 90 days but not more than 180 days written notice by certified mail prior to the end of the Term(the"Return Notice")that Customer will return the Equipment to Owner, Customer shall at its expense, pack and insure the related Equipment and send it freight prepaid to a location designated by Owner in the contiguous 48 states of the United States. If Customer fails to give the Return Notice or the Return Notice is not sent timely, the Term will be automatically extended (upon the same terms and payments)until the first Periodic Rent Payment date which is more than 90 days after Customer has given Owner written notice by certified mail that Customer will return the Equipment to Owner and at the end of such extended Term,Customer shall return the Equipment as described above.All Equipment upon its return to Owner shall be in the same condition and appearance as when delivered to Customer,excepting only reasonable wear and tear from proper use and all such Equipment shall be eligible for manufacturer's maintenance. If Customer fails to return the Equipment as and when required,Customer shall continue to remit Periodic Rent("Remedial Payments")to Owner on the dates such payments would be payable under this Schedule as if this Schedule had not expired or terminated. 3. Miscellaneous. If Customer fails to pay(within thirty days of invoice date)any freight,sales tax or other amounts related to the Equipment which are not financed hereunder and are billed directly by Owner to Customer, such amounts shall be added to the Periodic Rent Payments set forth above (plus interest or additional charges thereon) and Customer authorizes Owner to adjust such Periodic Rent Payments accordingly. If the Fair Market Value Option or Fixed Purchase Option applies to this Schedule, Customer agrees that this Schedule is intended to be a "finance lease"as defined in§2A-103(1)(g)of the Uniform Commercial Code.This Schedule will not be valid until signed by Owner. Customer acknowledges that Customer has not received any tax or accounting advice from Owner. If Customer is required to report the components of its payment obligations hereunder to certain state and/or federal agencies or public health coverage programs such as Medicare, Medicaid, SCHIP or others,and such amounts are not adequately disclosed in any attachment hereto,then Stryker Sales, LLC will, upon Customer's written request, provide Customer with a detailed outline of the components of its payments which may include equipment, software, service and other related components. This Schedule may be executed in counterparts and any facsimile,photographic or other electronic transmission and/or electronic signing or manual signing of this Schedule by Customer and when manually countersigned by Owner or attached to Owner's original signature counterpart shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evidence thereof; provided, however,that if this Schedule constitutes"electronic chattel paper"or "an electronic record evidencing chattel paper"under the UCC and both Owner and Customer have signed electronically,the version identified by Owner as the"single authoritative copy"is the chattel paper for purposes of perfection by control. CUSTOMER HAS READ(AND UNDERSTANDS THE TERMS OF)THIS SCHEDULE BEFORE SIGNING IT: Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Rgageelt7#Z1012221 7 stryker Exhibit A to Lease Schedule001 to Master Agreement No.0110231807 Description of equipment Customer name:TOWN OF MAMARONECK AMBULANCE DISTRICT Delivery Location:740 W BOSTON POST RD,MAMARONECK,New York, 10543-3345 Part I-Equipment/Service Coverage(if applicable) Model number Equipment description Quantity 639005550001 MTS POWER LOAD 4 650705550001 6507 POWER PRO 2, HIGH CONFIG 4 650707000002 KIT,ALVARIUM BATTERY,SERVICE 4 650700450301 ASSEMBLY, BATTERY CHARGER 4 650700450102 ASSEMBLY,POWER CORD,NORTH AM 4 99576-000063 LUCAS 3,3.1, IN SHIPPING BOX, EN 4 11576-000071 LUCAS POWER SUPPLY WITHCORD,REDEL,CANADA,US 4 11576-000080 BATTERY,LUCAS,DARK GRAY 4 11576-000060 LUCAS BATTERY CHARGER,MAINS PLUG,US-CAN-JA 4 99512-001261 CR2BAAAABFHBBBCDBCDBAAAALPCR2 CONFIGURED 32 UNIT 11101-000021 KIT,SHIPPING,SINGLE ELECTRODE,LPCR2, LL,MULTI 30 11141-000165 KIT, REPLACEMENT BATTERY,LPCR2,MULTI 15 99425-000025 LP1000 CONFIGURED 1 UNIT1000AAAABAAACBBAAAAAAAAA 41425-000034 KIT,LITERATURE,LP1000,WRCHG,ENGLISH 1 41425-000045 LP1000,SHIPKIT,ELECTRODE 1 11425-000012 STRAP-BAG ASSEMBLY, STANDARD, LP1000 1 11141-000156 ASSY-BATTERY,PRIMARY,5/4C CELL,LIMN02,LP1000 1 26500-003457 INSTRUCTIONS,OPER,W RCHGBTY,LP1000,ENGLISH 1 70335-000042 LP35,EN-US,MAS-SP/CO,MED-0O2,SUN-NIBP,12L,WIFI/ 4 CELULN/CPRIN,STD,BT 11335-000001 BATTERY,LI-ION,WITH IFU, LP35 4 11140-000102 CHARGER, BATTERY, LP35 4 11140-000131 POWER CORD,C13 ST,10FT,HOSPITAL GRADE 4 11996-000090 ELECTRODE-EDGE,ADULT,QCRTS,WORLDWIDE 4 11996-000519 SENSOR,LNCS-II RAINBOW DCI 8-LAMBDA SPCO,ADULT M 4 11996-000520 SENSOR, LNCS-II RAINBOWDCIP 8-LAMBDA SPCO, PEDI 4 11996-000456 SENSOR,SP02, RDSET DCI,ADULT,REUSE,3FT,MASIMO 4 11996-000455 SENSOR,SP02, RDSETDCI-P,PEDS,REUSE,3FT,MASIMO 4 MVAO1000 FILTERLINE,ADV,AD,ORAL-N,02,STD,S-TERM, 100 1 MVAI1000 FILTERLINE,ADV,AD, PED,INTUBATED, S-TERM, 100 1 11335-000005 KIT,PRINTER,LP35 4 11335-000008 KIT,STORAGE BAGS,LP35 4 11260-000073 KIT,SHOULDER STRAP,LP35 4 TR-SPL-PL TR-SYK PL TO PL 4 TR-PP2-PP2 TRADE IN PP2 FOR PP2 4 TIM-LUC2-LUC3 TR-SYK LUCAS 2 TO LUC 3.1 4 TR-LPCRP-LPCR2 TR-SYK LP CR PLUS TO CR2 21 Page 178 of 214 stryker TR-LP1 K-LP1 K TR-SYK LP1000 TO LP1000 1 TR-LP15H-LP35 TRADE IN LP15 V4 HIGH FOR LP35 4 11150-000020 KIT,MODEM,NA, LP35 4 11240-000032 BOX-PAPER ROLL 2,100MM,ECG 24 31115788 ELECTRODE, ECG, MEDI-TRACE 5,600 PER CASE 4 11111-000041 ASSY,CABLE,ECG, 15 LEAD,3 WIRE PRECOR 4 Total equipment: $795,496.85 Service coverage: Model number Service coverage description Quantity Years POWERLOAD- PROCARE-SVC-POWER-LOAD 4 5.00 PROCARE POWERPRO- PROCARE-SVC-POWERPRO 4 5.00 PROCARE LUCAS-FLD- PROCARE-SVC-LUCAS-FIELD-REPAIR 4 5.00 PROCARE AED-FIELD- PROCARE-SVC-AED-FIELD-REPAIR 30 5.00 PROCARE AED-FIELD- PROCARE-SVC-AED-FIELD-REPAIR 1 5.00 PROCARE LIFEPK35-FLD- ProCare-SVC-LP35-FIELD-REPAIR 4 5.00 PRO 81000002 EMS LIFENET PRO TIER 2 1 5.00 Total service coverage: $243,215.00 Freight: $13,598.80 Total Amount: $1,052,310.65 Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Page 179 of 214 stryker Insurance requirements Customer name: TOWN OF MAMARONECK AMBULANCE DISTRICT Customer address: 740 W BOSTON POST RD, MAMARONECK, New York 10543-3345 Agreement no.: 0110231807 Equipment location: 740 W BOSTON POST RD, MAMARONECK, New York 10543-3345 Equipment description: Medical Equipment Insurable value: $795,496.85 Please complete the following or provide copies of property and general liability insurance certificates. Agency name: Address: Telephone no.: Email address: Contact name: By signing below,the customer authorizes Flex Financial to contact the insurance agent named above to issue: 1. All risks to property insurance with respect to the Equipment, evidenced by a certificate of insurance(on form Acord 27), naming Flex Financial, its successors and assigns as lender's loss payee. 2. Comprehensive general liability insurance with respect to the Equipment, evidenced by a certificate of insurance(on form Acord 25), naming Flex Financial, its successors and assigns as additional insured. The following insurance details must be noted on the certificate(s)of insurance provided by the insurance agent: • Property insurance deductible amount no more than $10,000.00 • Liability insurance minimum amount of$1,000,000.00 • Certificate holder: Flex Financial, a division of Stryker sales, LLC and its successors and assigns 1901 Romence Road Parkway Portage, MI 49002 Customer: Please forward this completed form to StrykerFinancialSolutions(a stryker.com as well as a copy to your insurance agent and have them include your agreement number(s) on the certificates of insurance(on forms Acord 25 and 27). Carrier: Please email certificates of insurance(on forms Acord 25 and 27)to StrykerFinancialSolutions(c stryker.com. Customer signature Signature: Date: Print name: Title: Page 180 of 214 stryker State and Local Government Customer Rider This State and Local Government Customer Rider (the "Rider") is an addition to and hereby made a part of SCHEDULE001 TO MASTER AGREEMENT No. 0110231807 (the "Agreement") between Flex Financial, a division of Stryker Sales, LLC ("Owner") and TOWN OF MAMARONECK AMBULANCE DISTRICT("Customer")to be executed simultaneously herewith and to which this Rider is attached.Capitalized terms used but not defined in this Rider shall have the respective meanings provided in the Agreement.Owner and Customer agree as follows: 1. Customer represents and warrants to Owner that as of the date of,and throughout the Term of,the Agreement:(a)Customer is a political subdivision of the state or commonwealth in which it is located and is organized and existing under the constitution and laws of such state or commonwealth; (b)Customer has complied, and will comply,fully with all applicable laws, rules,ordinances,and regulations governing open meetings,public bidding and appropriations required in connection with the Agreement,the performance of its obligations under the Agreement and the acquisition and use of the Equipment;(c)The person(s)signing the Agreement and any other documents required to be delivered in connection with the Agreement(collectively, the"Documents")have the authority to do so,are acting with the full authorization of Customer's governing body, and hold the offices indicated below their signatures, each of which are genuine; (d)The Documents are and will remain valid,legal and binding agreements,and are and will remain enforceable against Customer in accordance with their terms;and(e)The Equipment is essential to the immediate performance of a governmental or proprietary function by Customer within the scope of its authority and will be used during the Term of the Agreement only by Customer and only to perform such function. Customer further represents and warrants to Owner that, as of the date each item of Equipment becomes subject to the Agreement and any applicable schedule,it has funds available to pay all Agreement payments payable thereunder until the end of Customer's then current fiscal year, and, in this regard and upon Owner's request, Customer shall deliver in a form acceptable to Owner a resolution enacted by Customer's governing body,authorizing the appropriation of funds for the payment of Customer's obligations under the Agreement during Customer's then current fiscal year. 2. To the extent permitted by applicable law, Customer agrees to take all necessary and timely action during the Agreement Term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations under the Agreement(the"Obligations"),including,without limitation,providing for the Obligations in each budget submitted to obtain applicable appropriations,causing approval of such budget,and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the Obligations is not made. 3. Notwithstanding anything to the contrary provided in the Agreement,if Customer does not appropriate funds sufficient to make all payments due during any fiscal year under the Agreement and Customer does not otherwise have funds available to lawfully pay the Agreement payments (a "Non-Appropriation Event"), and provided Customer is not in default of any of Customer's obligations under such Agreement as of the effective date of such termination, Customer may terminate such Agreement effective as of the end of Customer's last funded fiscal year("Termination Date")without liability for future monthly charges or the early termination charge under such Agreement, if any,by giving at least 60 days'prior written notice of termination("Termination Notice")to Owner. 4. If Customer terminates the Agreement prior to the expiration of the end of the Agreement's initial(primary)term,or any extension or renewal thereof,as permitted under Section 3 above, Customer shall(i)on or before the Termination Date,at its expense, pack and insure the related Equipment and send it freight prepaid to a location designated by Owner in the contiguous 48 states of the United States and all Equipment upon its return to Owner shall be in the same condition and appearance as when delivered to Customer, excepting only reasonable wear and tear from proper use and all such Equipment shall be eligible for manufacturer's maintenance, (ii)provide in the Termination Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (iii)deliver to Owner, upon request by Owner, an opinion of Customer's counsel (addressed to Owner)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred,and(iv)pay Owner all sums payable to Owner under the Agreement up to and including the Termination Date. 5. Any provisions in this Rider that are in conflict with any applicable statute, law or rule shall be deemed omitted, modified or altered to the extent required to conform thereto, but the remaining provisions hereof shall remain enforceable as written. Customer signature Accepted by Flex Financial,a division of Stryker Sales, LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Page 181 of 214 stryker Opinion of Counsel Letter January 31,2024 Flex Financial,a division of Stryker Sales,LLC 1901 Romence Road Parkway Portage, MI 49002 Gentlemen/Ladies: Reference is made to SCHEDULE NO.001 TO MASTER AGREEMENT NO.0110231807 (collectively,the"Agreement")between Flex Financial a division of Stryker Sales, LLC,and TOWN OF MAMARONECK AMBULANCE DISTRICT(herein called"Customer")for the use of certain equipment,goods and/or services as described in the Agreement. Unless otherwise defined herein,terms which are defined or defined by reference in the Agreement or any exhibit or schedule thereto shall have the same meaning when used herein as such terms have therein. The undersigned is Counsel for the Customer in connection with the negotiation,execution and delivery of the Agreement,and as such I am able to render a legal opinion as follows: 1. The Customer is a public body corporate and politic of the State of New York and is authorized by the Constitution and laws of the State of New York to enter into the transactions contemplated by the Agreement and to carry out its obligations thereunder.The Customer's name set forth above is the full,true and correct legal name of the Customer. 2. The Agreement set forth above has been duly authorized,executed and delivered by the Customer and constitutes a valid,legal and binding agreement, enforceable in accordance with its terms. 3. No further approval,consent or withholding of objections is required from any federal,state or local governmental authority and the Customer complied with all open meeting and public bidding laws with respect to the entering into or performance by the Customer of the Agreement and the transactions contemplated thereby. 4. The Customer has no authority(statutory or otherwise)to terminate the Agreement prior to the end of its term for any reason other than pursuant to the State and Local Government Customer Rider(if there is such a Rider attached to the Agreement)for the nonappropriation of funds to pay the Agreement payments for any fiscal period during the term of the Agreement. Very truly yours, Signature Signature: Date: Print Name: Title: Agreement#: 0110231807 Page 182 of 214 stryker ADDENDUM TO LEASE SCHEDULE 001 TO MASTER AGREEMENT NO. 0110231807 BETWEEN FLEX FINANCIAL, A DIVISION OF STRYKER SALES, LLC AND TOWN OF MAMARONECK AMBULANCE DISTRICT This Addendum is hereby made a part of the schedule described above(the"Schedule"). In the event of a conflict between the provisions of this Addendum and the provisions of the Schdule ,the provisions of this Addendum shall control. The parties hereby agree as follows: 1. The fifth sentence of Section 1 of the Schedule is hereby replaced in its entirety with the following provision: Within twenty(20)days after the date the Equipment is delivered to Customer under this Schedule, Customer shall either: (i)accept the Equipment by executing and delivering to Owner a Certificate of Acceptance in form acceptable to Owner(and the date such written acceptance is delivered to Owner is hereinafter referred to as the"Acceptance Date");or(ii)reject the Equipment and promptly return the Equipment to Owner at which time this Schedule shall terminate. If Customer fails within twenty(20)days after the Equipment is delivered to Customer under this Schedule to execute and deliver to Owner a Certificate of Acceptance or reject and promptly return the Equipment to Owner the Customer shall be deemed to have accepted the Equipment for all purposes hereunder. 2. A new Section 4 is hereby added to the end of the Schedule which shall read as follows: 4. New Agreement. Upon expiration of the Term, provided no default or event of default has occurred and is continuing under the Agreement,Owner will,in its sole discretion,offer to enter into a new agreement with Customer for the financing of the same quantity of like-kind equipment to the Equipment without any increase in the amount of the Periodic Rent.Any agreement renewal is subject to the Customer's credit approval at that time, Owner's then-existing credit-review governance,and the execution of mutually acceptable documentation. Customer acknowledges and agrees that nothing in this provision changes Customer's obligations under the Agreement. Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Page 183 of 214 0 ul 1 rrl Town of Mamaroneck in # x Town Center FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2024 LMC Services Agreement Date: February 5, 2025 In your agenda packet, please find the most recent version of the 2024 LMC Services Agreement for your approval. Action Requested: Resolved that the Town Board hereby retroactively approves the 2024 agreement with LMC Media Inc. for providing services relating to the filming, editing and broadcast of Town meetings and events for a budget not to exceed $198,800 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: DRAFT 2024 -LMC 1.27.2025 CONSULTANT AGREEMENT Page 184 of 214 CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES 2024 THIS AGREEMENT, entered into this day of February 2025, by and between Larchmont Mamaroneck Community Television Inc., a New York corporation, located at 740 W. Boston Post Road, 3rd Floor, Mamaroneck, New York 10543, hereinafter referred to as "LMC" and the Town of Mamaroneck, a New York municipality located at 740 Boston Post Road, Mamaroneck, New York 10543, hereinafter referred to as the "TOWN". WHEREAS, the TOWN has the right, pursuant to federal law, and the Cable Franchise Agreements that the Town has entered into with Cablevision of Southern Westchester, Inc. and Verizon New York, Inc. to produce and broadcast public, educational and governmental programming over the cable operators' cable systems; and WHEREAS, the TOWN intends to enter Into an agreement with LMC for the purpose of providing services relating to the filming, editing and broadcast of certain TOWN meetings and events more fully described on Attachment "A" hereto; and WHEREAS, LMC has represented that they possess sufficient professional skills and experience to perform said services in a complete, timely and professional manner: NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows: I. SCOPE OF WORK LMC shall perform in a proper manner to the satisfaction of the TOWN, the scope of services identified herein and further described in and incorporated herein as Attachment"A". If additional work, over and above that specified in the Scope of Work as identified In Attachment "A" or that agreed to under this Agreement, is requested by the TOWN, such work shall be included in the compensation set forth in Section III(a). The programs and events for which the TOWN anticipates a need for LMC's services are described in Attachment "A" of this Agreement. II. TIME OF PERFORMANCE Unless otherwise adjusted by the TOWN, the services to be performed hereunder shall proceed expeditiously upon execution of this agreement and consistent with professional skill and care. III. COMPENSATION AND PAYMENT (a) For the period from January 1, 2024 through December 31, 2024, LMC's compensation shall be a flat fee of$198,800. Such flat fee shall be payable by the TOWN in twelve equal installments on the first day of each month per calendar year. (b) In the event that LMC requires PEG capital expenditures to support its operations, LMC shall present such requests to the TOWN for review by the Town Board. 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 185 of In the event the Town Board approves such a request, the amount of such funding shall not exceed available PEG funds. (c) Should this Agreement be terminated at any time prior to the expiration date, any compensation due to LMC by the TOWN shall be prorated based on the period from the Commencement Date until the date of termination, unless such compensation is the subject of a dispute between the parties. IV. COMPLIANCE WITH LAWS LMC shall observe and abide by all applicable laws, ordinances and regulations of federal, state and local governments in connection with the work performed hereunder. V. SUBCONTRACT, DELEGATION AND ASSIGNMENT This Agreement shall not be assigned, delegated or subcontracted, in whole or part, without the prior written consent of the TOWN which may be denied in the TOWN's sole discretion. Approval by the TOWN of any subcontractor shall not relieve LMC of any liability or responsibility for the proper performance of the work under this Agreement. VI. TERM This Agreement shall be in effect for a period beginning on January 1, 2024 ("Commencement Date") and ending December 31, 2024 ("Expiration Date"), unless terminated prior to such date in accordance with the requirements of this Agreement. VII. CONTROL Of CONTENT; OWNERSHIP AND REUSE Of MATERIALS (a) The TOWN shall have complete control over scheduling, administration and all other programming aspects of all content created under this Agreement, and may delegate such functions, or a portion of such functions, to an appropriate designee. LMC shall not prevent or delay the timely broadcast of any content produced under this Agreement except as expressly directed by the TOWN. In the event there is a conflict between the Town and LMC with respect to the airing of any content the parties will work together in good faith to reach an agreement with respect to airing such content. (b) LMC agrees that all materials created for the TOWN pursuant to the terms of this Agreement shall be the TOWN'S sole and exclusive property, and LMC hereby assigns all right, title and interest in same to TOWN. LMC further acknowledges that any original works of authorship LMC creates, whether alone or jointly with others, within the scope and during the Term of this Agreement, shall be deemed a "work made for hire" as defined by the United States Copyright Act and are protected in accordance therewith. To the extent that such work is not, by operation of law, a work made for hire, LMC hereby transfers and assigns to the TOWN all right, title and interest therein, up to and including 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 186 of copyright. The TOWN agrees that it shall grant LMC a nontransferable, worldwide, royalty free right to use the materials in perpetuity, provided that any use of such materials by LMC is consistent with Its mission and purpose as a 501(c)(3) charitable organization that provides access to local news. VIII. BREACH; TERMINATION (a) The TOWN may terminate this Agreement In the event of a material breach of the terms of this Agreement by LMC upon thirty (30) days' written notice to LMC. LMC shall be given this thirty (30) day period to cure such breach at which time the termination notice must be rescinded if such breach is cured. Such right to termination shall be in addition to all other remedies in law or equity available to the TOWN. IX. INDEMNIFICATION (a) LMC shall be responsible for all damage to life and property due to activities caused by it, its subcontractors, agents or employees in connection with its services under this Agreement. LMC specifically agrees that its subcontractors, agents, or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. Further, it is expressly understood that LMC shall indemnify and save harmless the TOWN from claims, suits, actions, damages and costs of every name and description resulting from the performance of the services performed under the scope of this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. (b) Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against LMC, or the TOWN beyond such as may legally exist irrespective of this Article or this Agreement. X. INSURANCE REQUIREMENTS (a) LMC shall, during the performance of the Work, maintain the following insurance in the types and amounts and with insurers satisfactory to the TOWN: 1)General Liability: $1,000,000; 2)Automobile Bodily Injury: $1,000,000 per Injury and $1,000,000 each occurrence 3)Automobile Property Damage: $1,000,000 each occurrence; 4) Workers' Compensation Insurance in an amount sufficient to satisfy all statutory requirements of the State of New York. (b) Prior to the execution of this lease, LMC shall furnish the TOWN with a Certificate of Insurance as evidence of the required insurance and such Certificate shall name the Town of Mamaroneck as an additional insured. The certificate of insurance naming the TOWN as additional insured must extend coverage to all salaried and non-salaried 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 187 • employees, elected or appointed officials, volunteer organizations or persons, but only while performing duties on behalf of the Named Insured. (c) LMC shall provide for thirty (30) days written notice to the TOWN prior to cancellation of any insurance policy required under this Section X. (d) New and current certificates shall be provided within thirty {30) days of each policy renewal or change in coverage. (e) The TOWN shall be named as an additional Insured on coverages under General Liability as specified above. XI. INDEPENDENT CONTRACTOR The status of LMC under this Agreement shall be that of an independent contractor and not that of an employee or agent of the Town, and in accordance with such status, LMC, and their respective officers, agents, employees, representatives and servants, shall at all times during the term of this Agreement conduct themselves in a manner consistent with such status and by reason of this Agreement shall neither hold themselves out as, nor claim to be acting In the capacity of, officers, employees, agents, representatives or servants of the TOWN nor make any claim, demand or application for any right or privilege inconsistent with such status including, without limitation, vicarious liability, professional liability coverage or indemnification, rights or privileges derived from workers' compensation coverage, unemployment insurance benefits, social security coverage and retirement membership or credit. XII. SEVERABILITY If any term, covenant, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable the remainder of the provisions, hereof, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. XIII. TRANSFERABILITY OF INTEREST LMC shall not assign, sublet, or otherwise transfer its interest In this Agreement without the written consent of the TOWN which may be denied In the TOWN'S sole discretion. XIV. GOVERNING LAWS The validity or construction of this Agreement, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of New York. XV. SUPPLEMENTS TO AGREEMENTS The following attachments, supplements or addendums form an integral part of this Agreement. Attachment "A" - "SCOPE OF WORK" 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 188 of XVI. SURVIVABILITY Articles IV, VII(b), IX and X shall survive termination of this Agreement. XVII. ENTIRE AGREEMENT This Agreement constitutes the whole agreement between the parties with respect to the subject matter contained herein and there are no terms other than those contained herein. No modification or amendment of this Agreement shall be valid unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. Town of Mamaroneck LMC Media Meredith S. Robson Name Town Administrator Title Signature Signature 1/27/2025 12:59 PM 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 189 • ATTACHMENT A TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE TOWN OF MAMARONECK AND LARCHMONT MAMARONECK COMMUNITY TELEVISION INC. The parties agree that the scope of work to be provided to the TOWN by LMC is as follows exclusively for the term of this agreement: 1. LMC will record the following events: all regular meetings of the Town Board; special Town events such as the Food Truck Festival and Bunny Run; Tri-Municipal 9/11 ceremony; such other limited events as the Town may request. 2. LMC will provide all necessary staff and equipment to facilitate such recording to the extent that such equipment is not provided by the TOWN. LMC shall provide CATV technical support and assistance, including equipment trouble shooting and problem resolution, procedure review and documentation, and production assistant responsibilities, such as camera set- up and operation, as well as other roles and duties associated with the planning, production, and broadcast of cablecast programs and will be responsible for timely production and broadcast of all content aired on the government access channels assigned to the Town by its cable franchises. LMC will also make all Town content available for on- demand web access at LMCMedia.org. 3. LMC will facilitate the transmission of all content recorded on behalf of the TOWN to the headends of Altice and Verizon in order to allow for the broadcast of such content on the respective cable operators' cable systems. Such transmission will be made via the existing or future infrastructure constructed under the TOWN's cable franchise agreements with Verizon New York, Inc. and Cablevision of Southern Westchester, Inc. 4. LMC will not downgrade in quality or otherwise limit or delay the transmission of such content to the respective cable operators' headends except as expressly directed by the TOWN. LMC will not be penalized for any system failure beyond their control. 5. The TOWN shall have the right, exercisable in its sole discretion to request that LMC record and broadcast no more than 25 events or content not expressly contemplated by this Agreement("Additional Programs") for no additional cost. The TOWN will make every effort to provide LMC with a minimum of ten (10) days' notice of such Additional Programs, including the date and anticipated timeframe for which representatives of LMC will need to be present to record the Additional Programs. LMC shall make commercially reasonable efforts to facilitate such recording and broadcast and, should LMC be unable to perform the requested services, LMC shall provide to the TOWN a written denial of the request and an explanation as to why LMC is unable to perform the requested services. 6. LMC agrees that it will continue its community partnership and marketing of nonprofits and municipal activities on social media. 7. LMC agrees that will provide market rates to the citizens, businesses and non-profits for their use of LMC staff and services. --end-- 1/27/2025 12:59 PM 2024-LMC 1.27.2025 CONSULTANT AGREEMENT Page 190 of 214 47, Lu m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Report of Minutes of January 22, 2025, and November 20, 2024 Date: February 5, 2025 The minutes of the Town Board meeting on January 22, 2025, and November 20, 2024, are ready to post. Action Requested: RESOLVED that the Town Board hereby approve the minutes of January 22, 2025, and November 20, 2024. Page 191 of 214 u_r "v 1; n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.gov Date: February 5, 2025 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Report of Minutes of January 22, 2025, and November 20, 2024 General: The minutes of the Town Board meeting on January 22, 2025, and November 20, 2024, are ready to post. Attachment/s: 2025-01-22 Final Minutes (1) 2024-11-20 Final Minutes Page 192 of 214 Town of Mamaroneck 47 '4 Town Board Minutes o +f_ } Wednesday, January 22, 2025, Conference Room C, ril z n n First Floor of Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember ABSENT: Anant Nambiar, Councilmember ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller Marc Romero, Assistant to the Town Administrator Christine Canavan, Assistant to the Town Administrator 5:00 PM THE TOWN BOARD WORK SESSION The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, the Work Session unanimously opened at 5:04 p.m. Carried WORK SESSION ITEMS 1. Discussion - Immigration Policy Town Supervisor Jaine Elkind Eney welcomed the community representatives in attendance and explained that County Legislator and attorney David Imamura would be joining via conference call. Supervisor Elkind Eney noted County Legislator Imamura's expertise in drafting the Irvington Immigrant Enforcement Policy and suggested he could provide valuable insights on recent federal policy developments. Supervisor Elkind Eney handed out a recent article on the Justice Department's intention to prosecute local officials over immigrant enforcement. See Attachment A. Legislator Imamura joined the meeting via conference call. Supervisor Eney started the discussion by asking for his perspective and advice on the current situation. Legislator Imamura expressed his appreciation for the opportunity to speak and highlighted how problematic the Department of Justice's internal memo is which threatens criminal prosecution of local officials for not enforcing federal immigration directives under Donald Trump. Legislator Imamura recommended waiting a few weeks for the New York Attorney General's office to release new guidance for municipalities on how to navigate these policies. Continuing the discussion, Legislator Imamura emphasized the importance of developing a comprehensive policy and mentioned his personal willingness to face jail time to support these policies. Councilmember Nichinsky questioned whether the Irvington policy violated any federal law, noting that it was designed to comply with 8 Page 193 of 214 Town Board January 22, 2025 USC 1373,which mandates providing information to the federal government when requested. Legislator Imamura acknowledged that the policy was drafted with legal compliance in mind but suggested waiting to see the broader implications of federal actions under the Trump administration before finalizing any local policies. He stressed the need for a policy that reassures the immigrant community while ensuring that local officials are not subject to arrest or prosecution. Supervisor Elkind Eney then asked Police Chief Creazzo about the Town's current policies, which align with the New York State SOP and the Irvington policy, ensuring compliance with federal and state laws. Chief Creazzo confirmed that the Town of Mamaroneck Police Department does not act as ICE officers and follows specific provisions for handling finger-printable violent crimes verses a civil detainer. Supervisor Eney inquired about making a reassuring statement in support of the immigrant community while awaiting new guidance. Legislator Imamura suggested that the existing policies should suffice but recommended consulting our community activists for additional input. Councilmember Fiddelman asked about the timing of new guidance from the New York Attorney General, and Legislator Imamura indicated that it should be imminent, potentially mirroring previous guidance from 2017. Supervisor Elkind Eney then asked for recommendations on the most effective way to proceed, including whether to pass something that night, or address the broader criminal prosecution question. Legislator Imamura reiterated the importance of waiting for clarity on federal actions and suggested making a statement that the Town is working on the issue and will continue to follow current practices. Councilmember Nichinsky proposed making a statement that aligns with the New York State accreditation policies and current practices while further researching a resolution. Councilmember Jeffery King agreed, emphasizing the importance of clear communication with the community and providing a point of contact for any questions. Jean-Pierre Poyet, in attendance on behalf of the Larchmont-Mamaroneck Human Rights Committee raised concern about the vulnerability of schoolteachers and the need for their protection in the policy as well. Supervisor Elkind Eney mentioned her plans to call the School Superintendent to discuss the situation, noting though that schools would need to develop their own policies. Councilmember Fiddelman added that school districts have been proactive in organizing their policies and meeting regularly. Councilmember Nichinsky pointed out that executive orders directed at schools are outside the Town's jurisdiction. Mike Reichgott, also in attendance representing the Neighbors for Refugees, highlighted the availability of"Know Your Rights" materials online. Janet Fry, Deputy Executive Director of the Community Resource Center supported disseminating information from various sources to reassure the immigrant community. Deputy Executive Director Fry added that the immigrant community is retreating out of fear, so the more sources in the community reaching out and showing a collective effort, will emphasize to our immigrant community that they are as safe as we can make them. Pam Brandman, of 4 Acorn Lane, agreed, reiterating that a coordinated effort would be best. Councilmember Nichinsky mentioned her work with the Immigrant Defense Project,which offers "Know Your Rights" literature as well, and is active across New York State.Janet Fry pointed people to the Community Resource Center's website which has a "Know Your Rights"section in English and Spanish. Supervisor Elkind Eney shared information about a postcard-writing get together to reach out to elected officials to urge them to protect the immigrant community, held the previous weekend, where they urged the importance of the Town's continued support. See Attachment B. Councilmember Fiddelman reiterated the importance of making the immigrant community feel safe reaching out for help and accessing services.The entire group agreed on the need to preserve trust and prevent fear from Executive Orders affecting our local schools.The entire group also agreed on the collective effort required to Page 194 of 214 Town Board January 22, 2025 support the community, including coordination with other municipalities and issuing joint statements. Supervisor Elkind Eney suggested putting together a joint statement with other local municipalities and the Mamaroneck Union Free School District to show the community's unified support of our immigrant community. The meeting concluded with a plan for the Town Board to issue a statement that night and wait two weeks to review the situation and possibly prepare a Town resolution. 2. Discussion -Senior/Disability with Limited Income Exemptions Town Assessor Pamela Valenza explained two proposed changes to exemptions. The first is an extension of the firefighter exemption to include volunteers who reside in our community but who volunteer in neighboring communities who could become eligible for tax relief. The Board debated the definition of"neighboring" and the implications for tax benefits, deciding to maintain the current policy without changes due to potential legal challenges and fiscal concerns. The second exemption pertains to seniors, with New York State providing municipalities with four options to calculate income for tax reductions. The Town Board decided to continue using the current method, which includes untaxed Social Security but excludes taxable IRA distributions and will reassess the situation next year after evaluating Westchester County's changes. Councilmember Fiddelman requested that Assessor Valenza return to a Town Board meeting next year with enough time for the Board to make a decision based on the new information. 3. Discussion -Volunteer Firefighter&Ambulance Worker Exemption This item was included in the discussion for Item 2, above. 4. Discussion -2025 Capital Budget Amendments Comptroller Yogman presented the proposed amendment for the 2025 capital budget related to the TAP grant. The Board discussed the need to increase the budget by $186,000 to manage the grant effectively. Town Administrator Robson explained that the Colonial Avenue Sidewalk project (H5199) required additional funds to maintain eligibility for reimbursement under the NYSDOT TAP Grant application. The increased cost estimate of$1,530,600 included funds for right-of-way acquisition and an additional contingency for design and construction inspection, as per NYSDOT's allowable ranges. A budget amendment to fund the additional project cost through the issuance of a bond, if necessary, was provided. Administrator Robson explained she thought this was just a necessary addition to ensure the project progresses in a timely way. Ms. Robson does not believe the extra funds are likely to be needed. 5. Discussion - NYSDOT TAP Grant Documents -Colonial Ave Pedestrian Improvement Project Administrator Robson gave a brief overview of the grant, explaining that the contract and resolution could not be changed. 6. Discussion -2025 Ambulance District Fee Schedule Administrator Robson explained that we increase these fees for the Ambulance District every year relative to the annually updated Medicare rates. 7. Discussion -Concession License Agreement The Town Board discussed the renewal of the license agreement for the concession at the rink. Administrator Robson explained that the current concessionaire is the only one that responded to the last RFP a few years ago, and they have worked well with the Town, despite some initial issues. The amendment includes a new provision allowing the concessionaire to receive $50 from the rental fee for any rental that opts out of using their catering services, while still permitting renters to bring their own food. Page 195 of 214 Town Board January 22, 2025 Supervisor Elkind Eney raised concerns about the concessionaire's limited operating hours, which have led to complaints from rink users. The Board acknowledged that the concessionaire is meeting the agreed-upon hours but discussed the possibility of adjusting the schedule to better align with rink activities. While the Board recognized the current concessionaire's satisfactory performance, the Board also requested issuing a new request for proposals (RFP)when this agreement is up in order to explore other potential concessionaires. Administrator Robson agreed to address the operating hours question, perhaps simply moving days/hours, with the concessionaire and revisiting an RFP next year. 8. Discussion - NYS DOT Supplementals& Extensions for Snow& Ice Removal Administrator Robson explained that the Town is reimbursed by New York State for road maintenance. Though this reimbursement involves old dates, the Town Administrator pointed out it had just been provided by the state. Councilmember Fiddelman inquired about the charges and Comptroller Yogman confirmed that the Town provides labor rates based on current staffing rates and includes separate categories for materials and equipment, but the Town is not reimbursed for any fixed costs or depreciation. The Board acknowledged the limitations of the reimbursement process and agreed to proceed as is. 9. OUT OF ORDER: Request for Executive Session Moved by Councilmember King, seconded by Councilmember Fiddelman, the Town Board agreed to enter into Executive Session to discuss the proposed sale of real property, current litigation on the Tree Law, and the employment history of a particular person or persons. Carried Moved by Councilmember King, seconded by Councilmember Nichinsky, the Town Board unanimously agreed to resume the Regular Meeting. Carried 10. Updates 11. Changes to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Conference Room C, located on the first floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/Fios 35) or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Town Supervisor Elkind Eney at 8:01 p.m. The Town Supervisor noted that the Town Board met for a Work Session beginning at 5:00 p.m. this evening, which was open to the public. SUPERVISOR'S REPORT I attended the Annual Larchmont VAC Recognition Dinner. I think I can speak for all of us when I say how grateful we are to have this organization in our community. I was very impressed by the excitement and enthusiasm of the members. It was heartening to see both long-standing members and newer, younger members, which speaks well to the longevity and sustainability of the organization. I want to extend my thanks to them. The dinner was delicious, and it was a great evening. Page 196 of 214 Town Board January 22, 2025 On the 14th, I attended the Larchmont-Mamaroneck Summit with Sabrina, Alli, and representatives from Westchester County. The Summit featured the Chambers of Commerce in the Village of Larchmont and Village of Mamaroneck. Representatives from both Chambers of Commerce spoke about the business community. I found it informative, and it underscored the importance of the business community to our area and their efforts to sustain and thrive. Later, I attended the Larchmont Chamber of Commerce meeting that night, which was a continuation of the same conversation. They discussed the success of their holiday events and future event plans. It's challenging to run a small business in a small town, competing with the internet and big box stores. They need to stick together and support one another to help the business community thrive, which contributes to our community's charm. On February 2nd, we will have an environmental event at Larchmont Temple titled "Solving Climate Change Begins at Home."The event will feature Lisa Chase, a green gardening expert; Adam Kaye, a chef specializing in minimizing food waste; and a representative from Sustainable Westchester who will discuss energy in our homes. Rabbi Leora Frankel will deliver an opening teaching. This event is free and open to the public and will take place at 4 pm at Larchmont Temple. Concerns for Our Immigrant Community I want to address the concerns we have for our immigrant community. In 2017, with the change of administration, the Town Board issued a statement aimed at protecting our immigrant population. Now, with the current administration, we and our neighbors are again concerned about the safety and well-being of our immigrant residents. Tonight, the Town Board met with the Police Chief and leaders from the immigrant community to discuss the situation. I want to assure everyone that the Town Board is committed to adopting a policy that will safeguard immigrants in our community to the fullest extent of the law. Since 2017, when we adopted the first policy, our Town of Mamaroneck Police have had practices in place to deal fairly with immigrants, and we intend for this to continue. Our new policy will be as protective as possible under the law. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman, and seconded by Commissioner King, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that this Commission does hereby authorize payment of the Fire Department Claims in the amount of$43,406.72, as presented by the Fire Chief Rapp and audited by the Comptroller's Office. See Attachment C. Carried Page 197 of 214 Town Board January 22, 2025 3. Fire Report Commissioner King read the Fire Report for the Month of December 2024, as follows: ALARM TYPE NUMBER Generals 33 Minors 15 Stills 5 Out of Town (Mutual Aid) 4 EMS 26 Drills 4 TOTAL 87 Total number of personnel responding: 676 Total time working: 41 hours and 29 minutes. See Attachment D. 4. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner King, Seconded by Commissioner Nichinsky, the Commission unanimously adjourned and the Town Board reconvened. OUT OF ORDER: RESIDENT COMMENTS Mr. George Talt, representing the Larchmont Gardens Civic Association (LGCA), addressed the Town Board. Mr. Talt provided updates on upcoming events organized by the LGCA, including an early Earth Day cleanup on April 6th, the Kenducky Derby Race on May 3rd, their annual meeting on May 20th, and a new"Meet the Person at the End of the Leash" event on September 21st. Next, Mr. Talt praised the Town's Highway Department for their excellent work during a recent storm and their proactive measures in placing barricades around the lake to prevent children from walking on potentially unsafe ice. The Board discussed safety concerns about allowing ice skating on the lake and how both the Highway Department and the Town of Mamaroneck Fire Department work together to determine if the ice is safe by drilling in several different areas of the ice. Mr. Talt then mentioned ongoing efforts to install receptacles for fishing lines and hooks to prevent harm to dogs, which Administrator Robson explained would be built and installed by the Town's Highway Department once the ground was no longer frozen. Lastly, Mr. Talt requested the reinstatement of the Larchmont Lake sign, which was removed during the installation of aerators years ago. Mr. Talt gave the Board a copy of a photo of the old sign. Mr. Talt emphasized the importance of having a sign to identify the lake. Mr. Talt requested a sign similar to a sign in Manor Park, that would say Larchmont Lake, no feeding of the geese, and would be all-in-one. See Attachment F. Page 198 of 214 Town Board January 22, 2025 AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of 2025 Capital Budget Amendments Moved by Councilmember King, seconded by Councilmember Nichinsky RESOLVED that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. See Attachment E. Carried 2. Consideration of NYSDOT TAP Grant Documents -Colonial Ave Pedestrian Improvement Project--Authorizing the implementation, and funding in the first instance 100% of the federal-aid eligible costs, of a transportation federal-aid project, and appropriating funds,therefore. Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, WHEREAS, a Project for the Colonial Avenue Pedestrian Improvement Project, Town of Mamaroneck, PIN 8763.38(the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80%Federal funds and 20%non- federal funds;and WHEREAS the Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the Preliminary Engineering and ROW Incidentals. NOW, THEREFORE, the Town Board, duly convened does hereby RESOLVE, that the Town Board hereby approves the above-subject project;and it is hereby further RESOLVED, that the Town Board hereby authorizes the Town of Mamaroneck to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and ROW Incidentals work for the Project or portions thereof;and it is further RESOLVED, that the sum of$355,000 is hereby appropriated from Town capital project H5199 and is available to cover the cost of participation in the above phase of the Project;and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Administrator thereof, and it is further RESOLVED, that the Administrator of the Town of Mamaroneck be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Town of Mamaroneck with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further Page 199 of 214 Town Board January 22, 2025 RESOLVED, that in addition to the Town Administrator, the following municipal titles: Town Engineer and Town Comptroller are also hereby authorized to execute any necessary Agreements or certifications on behalf of the Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement; RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. Carried 3. Consideration of 2025 Ambulance District Fee Schedule Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Town Board hereby approves the 2025 Ambulance District Fee schedule as presented. See Attachment F. Carried 6. Consideration of Concession License Agreement Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the extension of the concession license agreement with Strada Food LLC for February 2, 2025, through February 1, 2026, for an annual fee(including utility fees) of$33,792 with the option to renew for one additional year and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 7. Consideration of NYS DOT Supplementals & Extensions for Snow& Ice Removal Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the 2022/2023, 2023/2024, and 2024/2025 amendments for the Municipal Snow and Ice Agreement and the extension agreement(for the period of 7/1/2024-6/30/2029) between the people of the State of New York, acting by and through the Commission of Transportation of the State of New York and the Town of Mamaroneck for reimbursement to the Town of Mamaroneck for snow and ice removal on New York State roadways located within the Town of Mamaroneck and authorizes the Town Administrator to execute any related documents necessary to carry out its implementation. Carried 8. Consideration of Certiorari Moved by Councilmember King, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby approves the settlement of the certiorari for 1350 Boston Post Road in the amount of$3,700. Carried Page 200 of 214 Town Board January 22, 2025 9. Appointment to the Board of Architectural Review—Rima Hajar Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, it was RESOLVED that Rima Hajar be appointed as Member A of the Board of Architectural Review, said term shall expire on December 31, 2026. Carried REPORTS OF MINUTES 1. Report of Minutes Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Town Board hereby approves the minutes of December 18, 2024. Carried REPORTS OF THE COUNCIL Councilmember Fiddelman • Attended a Larchmont Library Board meeting at which Councilmember Fiddelman met the new Director of the Larchmont Public Library, Andrew Farber. Mr. Farber has a lot of interesting ideas and is already moving forward with the library. It was exciting to meet him and wish him the best. Councilmember King • Met up last week with the Recreation Committee and Recreation Department, who are working on summer 2026 programs. Will have the popular Teen Camp. Be on the lookout for calendar dates to come in February. • Councilmember King reminded everyone that on Monday, we celebrated the anniversary of the assassination of Dr. Martin Luther King. Councilmember King stated, that this was at the same time that we swore in a new President. It was 56 years ago that Dr. King was assassinated at the age of 39. 1968, April 4th. It's a time for us to see where we were in 1968 and where we are now in 2026. As we look and discuss the things which are in front of us, dealing with our immigrant population, our LBGTQ community, and with diversity and equity and inclusion. These are the same beliefs that Dr. King fought for and gave his life for. Sometimes we have to ask ourselves, where were we?Where are we?And where are we going? Maybe we should put our political differences aside, and just ask, where do we want to be in 2027?Thank you. Councilmember Nichinsky • Attended the VAC dinner and it was a pleasure. • Sorry to report, will not be able to attend the next meeting. Page 201 of 214 Town Board January 22, 2025 RETURN TO WORK SESSION On motion of Councilmember King, seconded by Councilmember Nichinsky, the Town Board unanimously resumed their Work Session at 8:35p.m. Carried 10. OUT OF ORDER(Return to Work Session): Discussion -Town Board Goal Setting Councilmember Nichinsky proposed adding liaison updates to meetings, which the Board had started at this work session, for better communication among council members. The board discussed categorizing tasks into tiers, prioritizing immediate projects like the budget committee and sanitation, and hiring external expertise for the town seal design. They emphasized the importance of clear communication and handling multiple projects simultaneously without overloading staff. The need for public relations plans, environmental initiatives, and the coordination of traffic issues with neighboring villages was also highlighted. The board acknowledged the significance of citizen input on recreation and decided to seek input from other municipalities for forming a budget committee. Lastly, they agreed on holding public meetings for the drainage study and ensuring progress on all identified goals. See Attachment H. On motion of Councilmember Fiddelman,seconded by Councilmember King, the Town Board unanimously closed the meeting at 9:33 p.m. Carried ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING - February 5, 2025 Submitted by Allison May, Town Clerk Page 202 of 214 Town of Mamaroneck ,, 47 41t Town Board Minutes o ,fz Wednesday, November 20, 2024, Courtroom, Second Floor of z 7-, Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember ABSENT: Anant Nambiar, Councilmember ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller 1. OUT OF ORDER: Updates Prior to the meeting opening, Town Supervisor Elkind Eney initiated a brief discussion about a ribbon-cutting ceremony for the reopening of the Waverly Avenue Bridge. Supervisor Elkind Eney stated that the Village of Mamaroneck Police Chief and Town Engineer were uncomfortable with pedestrians using an ungraded sidewalk and feared potential injuries. This concern has led to a delay in the ribbon-cutting ceremony, which was initially planned to happen after the completion of the first phase. The ribbon cutting will now be rescheduled for a safer time after Westchester Joint Waterworks completes its work. Waverly Avenue Bridge is slated to open next week, with announcements expected soon. 5:00 PM THE TOWN BOARD WORK SESSION The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, the Work Session unanimously opened at 5:07 p.m. WORK SESSION ITEMS 1. OUT OF ORDER: Discussion - Boston Post Road D.O.T. Project Supervisor Elkind Eney stated that there is a meeting this Friday with the DOT. The Supervisor mentioned that Engineers Wasp and Pennella have created a wish list that includes various requests from the Town to be presented at the meeting on Friday. While some smaller requests, such as traffic signs or left turn lanes, cannot be addressed due to jurisdictional issues with the Boston Post Road, concerns to be addressed include bike lanes and ideas for improvements to road safety within the Town, particularly on the dangerous 'curve'where three fatalities have occurred during the past two years. Councilmember Fiddelman requested the write-up in advance of the meeting on Friday. Mr. Mike Smeets informed the group that the Mamaroneck Union Free School District will be asking for a School Zone designation on the Post Road near the Hommocks. Page 203 of 214 Town Board November 20, 2024 He suggested that it would be beneficial for the Town to support the school's request. Mr. Smeets commented that the DOT has historically denied such requests due to the road's distance from the school, but recent tragedies may influence their consideration this time around. The Town Board expressed support for the Hommock's School Zone designation. Lastly, Mr. Smeets mentioned that public input meetings for the project would be held in 2025. 2. Discussion -2024 Capital Budget Amendments Town Comptroller Tracy Yogman presented a 2024 capital budget amendment on the Quarry Heights Water Main-Environmental Project (H1399). The Town Comptroller explained that a new main is in progress pursuant to the filtration plant settlement. The Town's share of the $1.1 million cost is 16.7%, or$183,700. The project is anticipated to be completed this December, and the budget amendment is recommended to change the funding from bond proceeds to a transfer from the Water Fund. 3. OUT OF ORDER: Updates Supervisor Elkind Eney provided updates on the following: Town of Mamaroneck Police Department Accreditation: Accreditation is likely following a vote in Albany on December 5th. The entire Board is invited to attend, but there will be no formal presentation. Councilmember Fiddelman requested that the Town share any formal announcement with the Racial Equity Task Force. Hommocks Pool Locker Rooms: The locker rooms are expected to be completed in 2025. The pool is scheduled to be closed from February 1 to June 30, 2025. The Town is seeking to minimize disruptions to summer camp and pool operations. Intersection near New Jefferson Street and North Chatsworth: Striping has been completed. Stop signs with reflective poles will be installed. Additionally, the Town will install signs stating "pedestrian crossing ahead" at the middle of the block of New Jefferson. Councilmember Fiddelman requested that speed humps be considered as well. Flashing Pedestrian Crosswalk on North Chatsworth: The Town will install a flashing pedestrian crosswalk. Currently, the crosswalk is in a valley, and the signs are too close to the crosswalk, so warnings for the pedestrian crossing will be moved to provide more advance notice to drivers. Roundabout Funding: Supervisor Elkind Eney informed the Board that anticipated funding for the roundabout was not included in the current iteration of the 2025 Westchester County Budget. However, Supervisor Elkind Eney has been in contact with the County, which is reviewing the Town's $2.9 million need. Additionally, an update on the status of a Momentum Grant is expected by the end of this month. 4. Request for Executive Session Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, the Town Board agreed to enter into Executive Session to discuss current litigation (which was not named), and the employment history of particular persons. Carried Moved by Councilmember Fiddelman, seconded by Councilmember King, the Town Board unanimously agreed to resume the Regular Meeting. Carried Page 204 of 214 Town Board November 20, 2024 5. Discussion -2025 Preliminary Town Budget The Town Comptroller highlighted the following with regard to the Preliminary Budget: Field Repairs: Currently estimated at an $800,000 cost, this is not included in the Preliminary Budget. Efforts are being made to explore other financial options and accommodations, such as donations or grants, although success is uncertain. Supervisor Elkind Eney is meeting with Heather Mahland of Fields for Kids on December 5th. Councilmember King has requested an engineering study to evaluate the feasibility of installing turf, which is expected to arrive before Thanksgiving. Highway Garage: There is no placeholder for discontinued services in the Preliminary Budget. Sanitation Commission: There is a placeholder of an additional $245,000 beyond the budget calculated on the current situation. There is ongoing deliberation about removing commercial garbage services from the Commission, which would affect budget allocations by approximately$245,000. The Comptroller stressed that uncertainties remain regarding revenue and operation changes. Expenses: Some may need to be increased. Pool: The Comptroller raised the concern about potential unemployment costs to be paid to pool employees during the pool's estimated six-month closure in 2025. The Town is unsure how many employees will file for unemployment. Councilmember King voiced concern over the lack of accountability in School District facilities management, which will profoundly affect community recreational services such as the pool and summer camps. He added that it will be difficult to hire lifeguards and perhaps even enroll camp participants due to the uncertain pool availability. Potential delays could shorten the swim team season, impacting team performance and morale, as well as affect future team participation. The subsequent Board discussion included frustrations over the absence of penalties or accountability for delays in project completion, referencing personal experiences with stiff penalties on other projects. Supervisor Elkind Eney expressed optimism about the locker room renovations, viewing the situation as the glass is half full. She has advocated for this project since joining the Board. The Supervisor suggested that the facilities will be much better and that the Town should attempt to mitigate the difficulties in order to reap the benefits. Councilmember King suggested that the schedule is twice as long as it should be, impacting many children. Supervisor Elkind Eney responded that she is grateful for the project happening. She had previously asked the School District if they could do one locker room at a time, but she was advised that it would have been much more expensive. The School District is taking away one semester of their school program when they could have started the project in June. The Supervisor requested that all Board members submit questions and concerns to her by tomorrow, which she will then review with the Superintendent to seek his support and understanding. Councilmember King suggested the importance of using PR to inform residents about the Town's efforts to manage the situation and maintain services despite challenges. Union Negotiations: Negotiating with two union agreements for January 1, 2025. There may be some expenses that need to be added, but placeholders have been set. In addition, the Town will have payouts for three retirees, but there are uncertainties about the exact numbers and timing. NYSHIP Rates: The Town has not yet received the 2025 NYSHIP rates. The Preliminary Budget includes a 10% rate increase as a placeholder. Next, Comptroller Yogman provided a brief summary of revisions to the Tentative Budget, noting that a more in-depth review of the Preliminary Budget will be conducted at the public hearing scheduled for December 4th. Comptroller Yogman Page 205 of 214 Town Board November 20, 2024 reviewed a handout in the agenda packet titled: Revisions to the 2025 Tentative Budget. Capital Project Funding for 2025 is$9.2 million. Funding sources include $1,481,000 from the Fund Balance, $1.2 million from cash, and $1,129,000 from operating funds (primarily from Water Fees). Only$50,000 for capital projects are funded through the tax levy. Comptroller Yogman mentioned that capital was reduced by deferring or eliminating projects on a case-by-case basis. She reviewed the Water Fund project, which includes public benefit projects like the Kenilworth pump station and the Winged Foot tank access, both funded by water fees rather than taxes. Comptroller Yogman compared the Town's budget strategies with those of other communities. She acknowledged that many neighboring communities adhere to the State tax cap limits, often by deferring essential projects like road repairs. The Comptroller highlighted differences in how other municipalities manage their budgets, usually avoiding significant tax increases by cutting services or projects. The Board discussed the challenges of achieving a structurally balanced budget by 2025. While acknowledging that this goal is not achievable now, balancing immediate tax increases with long-term financial sustainability and avoiding future deficits remains a priority. Comptroller Yogman pointed out that in the Preliminary Budget the actual tax increase for an average value home f$1.6 million is now anticipated to be 9.89%,or$834 for Town residents. Village residents will have a 16.28% increase, or$147 tax increase for an average value home. Comptroller Yogman handed out an attachment on the History of Tax Increase in the Villages. See Attachment A. The Board asked why there is such a difference between the Town and Village tax rate and levy, and asked if the percentage could be reduced, noting the disparity. Comptroller Yogman responded that it would be difficult because there are only two funds involved. She stated that she and the Administrator had reviewed everything in the plan. Allocating fund balance has been considered (see Preliminary Budget, page 34). Councilmember Nichinsky read a written statement about the budget. See Attachment B. Councilmember Fiddelman said that really only the A-fund could be reworked. Supervisor Elkind Eney pointed out items that are still unaccounted for and will have to come out of the fund balance. Councilmember Nichinsky questioned whether the full cost of the field repairs, before exploring other funding sources, but Councilmember King disagreed. The Board discussed the pros and cons of a structurally balanced budget,with Councilmember Nichinsky suggesting trying to further reduce the budget by at least $500,000 from fund balance and/or other cost reductions. Councilmember King mentioned that his neighbors are more concerned about the tax rate than the tax levy, especially in an economy where people are getting only 3-4% raises. He mentioned concerns also about a$4.9 million roundabout. Councilmember Fiddelman noted, referring to the actual amounts in the fund balance in the Preliminary Budget, that the Town needs to pay both the school and County the full amount of their tax levies regardless of our collection. We must maintain a sufficient fund balance to do this. The Town does not want to have to borrow to make Page 206 of 214 Town Board November 20, 2024 that happen, and she believes the Town community understands this. 6. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.orq CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:27 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening, which was open to the Public. SUPERVISOR'S REPORT Supervisor Elkind Eney welcomed everyone to the November 20, 2024, meeting of the Town Board of the Town of Mamaroneck. She stated that the Town Board met today for a Work Session in Conference Room A, starting at 5:00 pm, which is open to the Public. On November 14, the Town Supervisor, along with Town Administrator Meredith Robson and Town Engineer Rob Wasp attended a meeting hosted by Shelley Mayer and Steve Otis to discuss strategy for our meeting on Nov 22 with the NYS DOT regarding the repaving of the Boston Post Road. Representatives from the three municipalities and two school districts attended. They were able to discuss our"wish lists" for improvements to the BPR She also attended the WMOA that night, where they were fortunate to hear the Lt. Governor speak about a variety of topics. On Nov 15, Meredith, Rob and Supervisor Elkind Eney met with the Washington Square Neighborhood Association. This is an Association of the apartment buildings in the Washington Square Area. We discussed their concerns from traffic congestion and safety, to flooding, community building activities, etc. On Nov 18, Supervisor Elkind Eney spoke with a group of OCRA students about inclusionary zoning and affordable housing—we spoke about alternatives for increasing the stock of affordable housing in our community. They are engaged and engaging. Supervisor Elkind Eney congratulated the MHS Girl's Field Hockey Team for winning the NYS Class A Championship for the second year in a row this past weekend. Girl Power!! And Supervisor Elkind Eney wished everyone a Happy Thanksgiving with plenty of food, family, friends and football! PUBLIC HEARING(S) 1. Public Hearing -Sewer Rent Rate 2025 The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on November 20, 2024, at 8:00 PM or as soon thereafter as is possible, to set the rate per gallon or per cubic foot of water consumption to be used in determining the sewer rent for 2025, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.gov/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. Page 207 of 214 Town Board November 20, 2024 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: November 13, 2024 Moved by Councilmember Fiddelman, seconded by Councilmember King, the Public Hearing was unanimously opened. Carried The Town Comptroller Tracy Yogman presented the Sewer Rent Increase for 2025, explaining what the sewer rent is, how it is calculated, and what is driving the proposed 3.06% rate increase for 2025. See Attachment C. Mr. Michael Gottfried rose to address the Board, asking if this is in reference to the Town or County sewer rent rate. Comptroller Yogman responded that this is specific to the Town's sewer rent rate. There were no other comments or questions from the audience. Moved by Councilmember Fiddelman, seconded by Councilmember King, the Public Hearing was unanimously closed. Carried On motion of Councilmember King, seconded by Councilmember Fiddelman, it was resolved, that the Mamaroneck Town Board does hereby set the Sewer Rent Rate for the year 2025 at$.002099/per gallon. Carried 2. Public Hearing -Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law§3-c The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, November 20, 2024, at 8:00 PM or as soon thereafter as is possible, to consider the "Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law§3-c" Law", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2025, that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law§ 3-c. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36)or on LMC Media's website, https://lmcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.gov/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. Page 208 of 214 Town Board November 20, 2024 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: November 13, 2024 Moved by Councilmember King, seconded by Councilmember Nichinsky, the Public Hearing was unanimously opened. Carried Attorney Maker explained that New York State (NYS) has put a cap on the tax levy, which any Town can override in a given year, by passing this local law. This year, unfortunately, the permissible tax increase is not even enough to cover New York State's budget mandates. Councilmember Fiddelman explained that the Town has passed this every year since 2011, even though we have not necessary exceeded the tax cap each year. Supervisor Elkind Eney confirmed that was correct, stating that the Town does not have to exceed the tax cap. Mr. Joseph Grecco was the first member of the audience to speak. He asked the Town Board why the Town had passed this every year since 2010. Supervisor Elkind Eney explained that in order to exceed the cap, we must pass this law. If we do not pass this law, then we cannot exceed the cap, but if we do pass it, we do not have to exceed the cap. Mr. Grecco mentioned that the lack of attendance at this public hearing may be because the community was only just made aware of the planned tax rate. Supervisor Elkind Eney reviewed the budget schedule briefly. Councilmember King addressed the tax levy verses the tax rate briefly with Mr. Grecco. Moved by Councilmember King, seconded by Councilmember Nichinsky, the Public Hearing was unanimously closed. Carried Moved by Councilmember Fiddelman, seconded by Councilmember King, the following Local law was approved: Local Law No. 7-2024 This local law shall be known as the "Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law§3-c"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose:It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2025, that requires a real property tax levy in excess of the "tax levy limit"as defined by General Municipal Law§3-c. Section 2—Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law§3-c, which expressly authorizes a local government's governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent(60%) of said governing body. Page 209 of 214 Town Board November 20, 2024 Section 3- Tax Levy Limit Override: The Town Board of the Town of Mamaroneck, County of Westchester, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2025, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law§3- c. Section 4—Severability:If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5-Effective Date: This local law shall take effect immediately upon filing with the Secretary of State Carried BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner King and seconded by Commissioner Fiddelman the Board of Fire Commissioners Fiddelman was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Nichinsky, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims in the amount of$5,402.14. See Attachment D. Carried 2. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner King, Seconded by Commissioner Nichinsky, the Commission unanimously adjourned and the Town Board reconvened. Page 210 of 214 Town Board November 20, 2024 AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of Approval -2024 Capital Budget Amendments Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Carried 2. Set a Public Hearing -2025 Preliminary Town Budget Comptroller Yogman presented a brief overview of the 2025 Preliminary Town Budget, noting that a more in-depth presentation would be made at the Town Board meeting on December 4, 2024. See Attachment F. OUT OF ORDER: RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. Mr. Michael Gottfried rose to address the Board. He reiterated his high regard for the Town Comptroller's work, also stating that he holds the Administrator in the highest regard, even when they disagree. He provided a packet of documents to the Town Board and mentioned hearing the Administrator say that the Town is aiming for a structurally balanced budget. See Attachment G. Mr. Gottfried stated that the Town is not using the Fund Balance to pay for day-to-day operating expenses, which is akin to paying from savings. He noted that the Town tends to underestimate revenues and overestimate costs, which is not standard practice according to NYS Office of the Comptroller's standards. The challenge is to balance the budget. He questioned whether the Town would lose its AAA rating by September 30th if$1 million was taken from the pool project and reversed out. He suggested that the Town needs a Finance Committee. He inquired about the interest on the $1 million and both questioned whether it followed the capital, noting the $43,000 as of last December had not. Mr. Gottfried expressed concern about the contingency budget in the A fund, stating that raising both the fund balance and contingency would doubly affect taxes. He questioned whether this was a conservative approach and urged the Town Board to reconsider. Mr. Gottfried highlighted a decrease in interest income from an unspecified amount to $683,000, projecting a 1.5% reduction in the interest rate. He suggested that the Town would benefit from reviewing these items. He expressed fear of a 15.7% tax levy for the Villages, noting that once a precedent is set, others may follow suit. Supervisor Elkind Eney responded that each municipality works independently. Mr. Gottfried then disagreed with the notion that there is limited range to improve income. He mentioned a $2.3 million tax levy for Sanitation and advocated for switching to a fee-based system. He noted that the Town is the only community in the area providing Commercial Carting, resulting in over$400 of extra taxes per household. He pointed out what he called the "freeloader effect,"where schools pay nothing for commercial carting. He stated that he had submitted a freedom of information request for the bills for Mamaroneck High School and Mamaroneck Page 211 of 214 Town Board November 20, 2024 Avenue School, which were $7-10 monthly. He suggested that this revenue could help the Town reach the tax cap. He mentioned that his house of worship pays $1,000 per month, while Larchmont Temple pays nothing. Mr. Gottfried stated that the commercial cost for Sanitation is $88.70 per month, noting it is cheaper to go private. He compared this to the Town's intermunicipal agreement with New Rochelle where they pay an average of$72.61 per month. He warned that not addressing this issue may result in the loss of commercial services. He discussed structural imbalances, noting that the Recreation Budget shows a gap where revenue has not kept pace with costs. He pointed out that on page 2 of the Preliminary Budget the$912,000 gap, most of which is in the General Fund. Supervisor Elkind Eney interjected, stating that the Board believes recreation is a fundamental right for residents and that it is essential to provide recreational opportunities for everyone in our community. She emphasized the need to balance the budget while maintaining these services, especially those that do not have many recreational options. Mr. Gottfried stressed the importance of affordability and the need for a Finance Committee to address these issues. He noted that a 15.7% tax increase, coupled with future increases, is problematic. Councilmember Nichinsky thanked Mr. Gottfried for his thoughts. Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Town Board does hereby set the date for a Public Hearing on the Town of Mamaroneck 2025 Preliminary Budget for December 4, 2024. Carried 3. Consideration of Approval -Salary Authorization for John Galli Moved by Councilmember Nichinsky, seconded by Councilmember King, it was RESOLVED, that the Town Board hereby approves the appointment of John Galli as Fleet Manager in the Central Garage for the Town of Mamaroneck at a salary of$127,000 effective November 25, 2024. See Attachment G. Carried 4. Consideration of Approval -Agreement with Nicola Armacost Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman RESOLVED that the Town Board hereby approves the submitted proposal from Nicola Armacost for a budget not to exceed$10,000 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. See Attachment H. Carried 5. Certiorari Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the settlement of the certiorari for 1 Woodbine Avenue in the amount of$6,430. Carried Page 212 of 214 Town Board November 20, 2024 REPORTS OF MINUTES 1. Reports of Minutes Moved by Town Supervisor Elkind Eney, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the minutes of October 22, 2024, and November 6, 2024. Carried REPORTS OF THE COUNCIL Councilmember Fiddelman • Commemorated Veterans Day, highlighting the importance of honoring our veterans for their service and sacrifices. She thanked American Legion Post 90 in Mamaroneck for hosting the event, which provided an opportunity to recognize and appreciate the contributions of our local veterans. Their bravery and commitment have safeguarded our freedoms, and we acknowledge their dedication to our country. • Unfortunately missed the Larchmont Library Board meeting on the 13th. They have an array of programs for people of all ages, see the Larchmont Library's website for all they have on offer. Highlighted a concert: Hungry Town on Sunday, December 8th at 4 p.m. Councilmember King • Attended the Recreation Committee's last meeting where they talked about capital improvements for the pool and fields, as well as possible plans for reseeding the field. They are focusing on a five-year plan and encourage anyone interested to attend a meeting. • Wished everyone a happy and safe Thanksgiving. • Announced that the Tree Lighting would be held on December 5th and the Menorah Lighting would be held on December 26th. Councilmember Nichinsky • Since the last meeting, has been busy attending various events. Attended the Sustainability Collaborative meeting on 11/12. The Repair Cafe was a big success. Mentioned the CSC, the EV charger presentation, and the investigation into solar panels. Appreciated the community's hard work and noted they are looking for helpers. • Announced the Sheldrake Tree Walk on 11/24, meeting at the Potting Shed. Children are welcome accompanied by an adult, but no drop-offs will be allowed. • Attended the CRC Gala on 11/13, which was a wonderful and fun event. Highlighted the importance of supporting the immigrant community. • Attended the recent tri-municipality environmental group gathering at Turquoise on 11/14. Noted that Karen Khor, who has done significant work for the Sustainability Collaborative, is moving to California. Wished her well and mentioned that she was honored at the event. Enjoyed meeting other municipalities' environmental committee members. TOWN CLERK'S REPORT The Town's 2025 Parking Permit renewals will begin tomorrow for: • Lot A Commuter Parking • Lot B, D, and E 24-hour Parking • Area Business Parking Parking permits will be mailed out or can be picked up beginning December 2, 2024. Due to current issues with local mail, we strongly recommend that you pick up your parking permits. Page 213 of 214 Town Board November 20, 2024 TOWN ADMINISTRATOR'S REPORT The Town Administrator wished everyone a happy Thanksgiving. TOWN ATTORNEY'S REPORT Thanksgiving is Attorney Maker's favorite holiday because it has no religious connotations and is open to all. In addition, there is no gift-giving which can sometimes be overwhelming and cause us to lose sight of a holiday's true meaning. Thanksgiving is a time to take stock of the good things in life, rather than focusing on bills, death, or other difficulties. There will always be bright lights, such as a grandchild, a daughter's marriage, or whatever brings you joy. Reflect on these bright moments. ADJOURNMENT On motion of Councilmember Nichinsky, seconded by Councilmember King, the meeting was unanimously adjourned at 9:43 p.m. Carried REGULARLY SCHEDULED MEETING - December 4, 2024 Submitted by Allison May, Town Clerk Page 214 of 214