Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2025_03_19 Town Board Meeting Packet
w rri H FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, March 19, 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 - OCRA Affordable Housing Lit Review 2. Discussion - Stormwater Project Progress 3. Discussion - Award of Bid TA-25-03 - LMC Office Renovation 4 - 9 Award of Bid TA-25-03— LMC Office Renovation - Pdf 4. Discussion - Updated EV Charging Station Proposals for NYPA DCFC Level II 10 - 53 Site & Revised Level II Charging Stations for Westchester County Municipal Infrastructure Improvement Initiative ("M13") EV Charging Station Proposals NYPA DCFC Level II Site & Revised Level II Charging Stations for Westchester County Municipal Inf- Pdf 5. Discussion - Proposed Local Law "Reducing Speed Limit on Harrison Drive" 54 - 57 Proposed Local Law - "Reducing Speed Limit on Harrison Drive" - Pdf 6. Discussion - Award of Bid TA-25-01A Street Sweeping Services Years 2025 & 58 - 60 2026 Award of Bid - TA-25-01A Street Sweeping Services Years 2025 & 2026 - Pdf 7. Discussion - Revisions to "Shade Structure Policy for Town-Owned 61 - 62 Properties." Proposed Revisions to "Shade Structure Policy for Town-Owned Properties" - Pdf 8. Discussion - Climate Smart Communities 2024 Annual Progress Report 63 - 74 Climate Smart Communities 2024 Annual Progress Report - Pdf 9. Discussion - Con Ed Rate Case 75 - 77 Con Ed Rate Case - Pdf 10. Discussion - Southeast Consortium Agreement 78 - 82 Southeast Consortium Agreement - Pdf 11. Discussion - Proposed Local Law "Prohibition Against Parking Gas-Powered 83 - 86 Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" Page 1 of 131 Proposed "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" - Pdf 12. Request for Executive Session 13. Changes to Regular Meeting Agenda 14. Updates 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor of the Town Center. The Public is able to view the meeting on cable access 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 3-19-25 87 - 89 Fire Claims 3-19-2025 - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of- Award of Bid TA-25-03 - LMC Office Renovation 90 - 95 Award of Bid TA-25-03— LMC Office Renovation - Pdf 2. Consideration of- Award of Bid TA-25-01A Street Sweeping Services Years 96 - 98 2025 & 2026 Award of Bid - TA-25-01A Street Sweeping Services Years 2025 & 2026 - Pdf 3. Consideration of - Revisions to "Shade Structure Policy for Town-Owned 99 - 100 Properties." Proposed Revisions to "Shade Structure Policy for Town-Owned Properties" - Pdf 4. Consideration of- Southeast Consortium Agreement 101 - 105 Southeast Consortium Agreement - Pdf 5. Consideration to Set a Public Meeting - Proposed Local Law "Prohibition 106 - 109 Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" Proposed "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" - Pdf 6. Consideration to Set a Public Meeting - Proposed Local Law "Reducing Speed 110 - 113 Limit on Harrison Drive" Proposed Local Law - "Reducing Speed Limit on Harrison Drive" - Pdf Page 2 of 131 7. Consideration of- Climate Smart Communities 2024 Annual Progress Report 114 - 125 Climate Smart Communities 2024 Annual Progress Report - Pdf 8. Consideration of- Con Ed Rate Case 126 - 128 Con Ed Rate Case - Pdf 9. Consideration of- 2025 Town & County Tax Warrant 129 - 131 2025 Town & County Tax Warrant - Pdf 10. Consideration of- Appointment - Junior Engineer 11. Consideration of- Appointment to Sustainability Collaborative - Hugh Collins REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - April 2, 2025 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 131 0 ul rrl 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: Award of Bid- TA-25-03 - LMC Office Renovation Date: March 19, 2025 Please see attached memos from Rob Wasp, as well as the architect for the project. This work is completely funded by a $500,000 DASNY grant administered by the Town on behalf of LMC. Action Requested: Resolved the Town Board hereby awards bid TA-25-03 "LMC Office Renovation" to Peter Camilli & Sons for the amount of $395,000 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 4 of 131 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: March 19, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-03 - LMC Office Renovation General: Bid procurement was recently completed for the LMC Office Renovation project. The project scope includes interior renovations and supporting mechanical improvements for the third-floor office suite occupied by LMC Media in the Town Center building. Work includes reconfiguration of some interior walls and renovation within the suite; and upgrades to the HVAC, electrical circuits and fire sprinkler system serving the space. Funding for the project is provided through a $500,000 DASNY grant issued to the Town as the building owner and sponsor. On February 20, 2025, two (2) bid proposals were received as summarized on the attached bid tabulation table and recommendations memorandum prepared by Town architectural consultant KG+D Architects, P.C. The lowest responsive bid proposal was received from Peter Camilli & Sons in the amount of$395,000.00. Peter Camilli & Sons has a positive history working with the Town of Mamaroneck on completion of the 2024 Town Center Renovations and the prior 1st floor restroom renovations. Funding for the LMC Office Renovation project was budgeted as part of capital project H1690. Additional contingency for moving costs and temporary facilities during construction have been considered in conjunction with the capital project. The available budget in H1690 is sufficient to fully fund the recommended contract award. The Engineering Department supports our consultant's recommendation to authorize contract award to Peter Camilli & Sons based upon their submitted bid amount of$395,000.00. Please feel free to contact me with any questions. Attachment/s: KG+D LMC Bid Tabulation 2025-02-26 Page 5 of 131 LMC Office Renovation - Bid Award Recommendation - 2025-03-05 Page 6 of 131 O O O O O L.0• L.0 '� co 0) EA EA U 0 Ma w N m N O O o c cU wnpuapp`d --7 a) O J puo8 pi8 x x .4( 0 V c +L+ C a) 0 U U c 0 _C 0 U a) Cors O _ N cca (NIg co- � 0 (6 U a"2 Q = 0 o a) o a) N i a. a. Page 7 of 131 L E 0 Ma w N m N .1'71 O O o c w o cU wnpuapp`d -7 CD 0 J puo8 pi8 o_ O 0 V LE) +L+ C � a) 0 U 0 c 0 I- U a) C � O N CO E N co 2 N 2 Q = sLE O a) Page 8 of 131 March 5, 2025 Town Center 740 W Boston Post Rd Mamaroneck, NY 10543 KG D Attn: Rob Wasp, Town Engineer Re: LMC Office Renovation listen imagine build Bid Award Recommendation Greetings: We are writing to provide our recommendations for award of bids for the above referenced project. Bids for this project were opened on February 26, 2025. We received two bids for the project for General Construction. KG+D Architects met with low bidder via conference call on March 4, 2025. We reviewed the scope of the project and the contractor's bid proposal. Based upon this meeting and the Town's experience with the low bidder, at this time we see no reason not to award the Contract for the amount as summarized below. General Construction—Peter A. Camilli & Sons Construction Ltd. $395,000 We will be available to discuss our recommendations prior to the next Board meeting. Sincerely: KG+D ARCHITECTS, PC f0A,tac, LO • k Sarah W. Dirsa, AIA, LEED AP, SEED, NOMA Principal Encl. KG+D Architects,PC 285 Main Street,Mount Kisco,New York 10549 914.666.5900 kgdarchitects.com Page 9 of 131 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: Updated EV Charging Station Proposals - NYPA DCFC Level II Site & Revised Level II Charging Stations for Westchester County Municipal Infrastructure Improvement Initiative ("MI3") Date: March 19, 2025 Attached is a memo from Town Engineer, Rob Wasp, providing an update on the potential installation of electric vehicle (EV) charging stations in Town Parking Lot D and the Lot A Extension. Rob will attend the meeting to discuss this project as well as several other items on the agenda. Given the amount of information related to this item, you may choose to delay action until the April 2nd meeting. Should the Board wish to pursue this project, I offer the following resolution for consideration. Action Requested: Resolved that the Town Board hereby authorizes the Host Site agreement and further authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 10 of 131 v vt; 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 rwasp@townofm am aroneckNY.org Date: March 19, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Allison MayTown Clerk Subject: Updated EV Charging Station Proposals -NYPA DCFC Level II Site & Revised Level II Charging Stations for Westchester County Municipal Infrastructure Improvement Initiative ("MI3") General: Town applications were previously submitted to Westchester County in January 2014 for the installation of new public Level II EV Charging Stations in Town Parking Lot D and the Lot A Extension. A total of(4) charging ports were proposed to be added at each site. These two sites had been evaluated under the County's Municipal Infrastructure Improvement Initiative ("MI3") program and were determined to require no out-of-pocket cost to the Town after incentives from ConEdison and County funding were applied towards the construction costs. Changes in the federal rebate program for EV charging equipment necessitated new chargers to be specified under the County MI3 program. The new equipment manufactured by Chargepoint provides higher amperage output Level II unit that qualify for the federal rebate. The Town's consultant, INF Associates, has updated their project proposals based upon the re-evaluated costs of new equipment and escalation for 2025 installation. The revised proposals identify that the Town will still avoid out-of-pocket costs for the proposed installation at the original planned locations. Separate from The Town's application through the Westchester County MI3 program, New York Power Authority (NYPA) has identified Town Parking Lot D as potentially feasible site for installation of a new DCFC (Level III, rapid charging) facility. DCFC rapid chargers drastically reduce the required charge time for electric vehicles to under one hour. Under the Electrify America program, NYPA fully funds and operates the installation of DCFC sites that are leased from the property owner. Example of typical NYPA lease terms are attached to this agenda item. All design, construction and ongoing operation costs for the Facility are the responsibility of NYPA under the program. Additional literature regarding the NYPA program is attached to this agenda item. Confirmation of ConEdison's ability to supply electrical service to DCFC facilities is a critical milestone for the feasibility of the installation. NYPA has submitted their request to ConEdison and Page 11 of 131 expects to receive confirmation of their service ability to serve within the next 30-60 days. The Town should review and confirm the potential charging station locations during this time so that the final approved installations can be given direction to move forward. Please refer to attached charging station location maps "S-1" and "S-2" as prepared by the Engineering Depailiuent. The maps show the original approved Level II sites submitted to the County MI3 program as well as the NYPA DCFC and new 2025 alternate locations evaluated for the Level II chargers. Detailed layout for potential EV charging equipment in Town parking Lots D & B is shown on map "S-2". Installation of a new above ground transformer and switchgear would be required to power the potential DCFC facility. NYPA has confirmed the approximate size of this equipment that is shown to scale on map "S-2". Placement of these components is proposed on the grass lawn immediately adjoining the south edge of Lot "D". New landscape screening measured can be installed by NYPA surrounding the equipment subject to ConEdison's requirement to maintain access to the transformer. Please refer to the attached renderings provided by NYPA for visual depiction of typical equipment. Placement of the NYPA DCFC site will require the relocation of the original contemplated Level II charging site intended for Lot D. The adjoining outdoor parking spaces in Town Lot B have been identified by INF as a potentially suitable alternative. Integration of mixed charging equipment (Level II and Level III) at one location has been recommended to accommodate EV drivers with different charging needs. INF Associates has indicated that no out-of-pocket costs are anticipated for the Town if the new Level II site is adjusted to this location. It should be noted that relocation of the equipment to any other potential sites would require review of necessary improvements and associated costs by INF Associates if the Board wishes to explore such options. Please feel free to contact me with any questions. Attachment/s: S-1 EV CHARGER LOCATION MAP03122025 S-2_EV CHARGER LOCATION MAP03122025 NYPA Electrify America Brochure TBD_NYPA_175 Myrtle Blvd Larchmont_Site_Plan R3 early shrub growth pic 2 NYPA SITE LICENSE TERM SHEET NYPA Host Site Agreement Town of Mamaroneck Municipal Lot 3.19.25 Page 12 of 131 Z r E z N 00 Z_ w Et NQ5 EL, ZZZN E� d O r Zz �Q Q004 'IN \`�. O 6 C 1 V1 QZ�zO(n , ,IT:, OOQF `NI\ d'la, o �r o �=mzv'Qo� aJ-� \\ m � , �,�, z m J N Vt '? �mwr �� a zz�z �\ �, .o � o , U - w i,1 w % -i0'5'o�ma ,`�, co C. Z, =; rwww� oo u w ',� O zzNzzmzLzNNIz�o / '-.ao c)w o z W _as mJm mw caz o , avow �oEaw Q z O O Owr v>zzo O�� E-� i W o zrr�o zzaw"�zZo'-' ��-a O -- w = zzmz�31cE2(17 Qmo a o N in�aro>o�inQ�zz - o o iv�c�e• W oaum z aQazzor w0 - a= wwo�mQd�d Q�mo>o _ VI w o � N r' a ppr, \\........: Q / * APO \/411110721111, Allir..I OP \ � 0 0 , / • 41,NV40 Q I wZ= �w _® pzw I aEOZQ K a=w d / g / z aI-C7I 0All W=Z rr4 r. , Al 0a„1, �6 \ o ¢o,z0 G / �� m w N w Le w Q / CC O CD t \. \ _, o / ro kill i , i 5I zr/ oa /\<11 if 11I Ec ter' , OW 0 r Q ZZoCCr "It OLLJZ UZz i_. H I _ � d 0 V ! � =WQN �CHATSWOR 0az0 _� a >o _ /� GII1O 1/ owwN U J O Wiim I. `�OL., -zOw i� � L ZOwnLLJ lb 4 NQr a Iw J I i / I o Ozz�N 9 �z ZOo ohm I w J mzY �zz>� m y V w :IL � z wo a � j m ow wo i-ww O> Q Nw II - Ie if_ I I - / ,..mm. i.iwL..--. -11111 till 111'1' > - / ,... ------ 1 cm 5,2s z IIIjziII1 �0 = 1 }a 10, ZN 2 W = w ZUZ ® -� 'MADISON AVE I --II. w r'rI, t --,,, ,i ii. --L—ifil—riwr / 1_02 aaee1z,1zi 6^^P$ZOZZI£0 doW uA}000l�a6goyA A3 "M'21 AO NMV2J0 AN aalloauo AN OgNOis3a 9ERL-[8E (6[8) 'k'N 'NJNNOUVWVN z-s GVOI 1SOd NONNOM 1 06d 2bSOI MI 'NO3N0?JVWVW 0 Y8 8 S101 1N3Wdlflb3 INId[I Vdd0 OlN[2IddMIDNd K� o=� zozi �i�ON„eor NV�03r1ioav N0IVVI O NMoi4L 2i30b dH0 n3 1VI1N310d xOdNO2I5AVN d0 NA0i I pf 0 > m m m J CO w 1—0I w F oZ JI— ce m>- Q r d w H N W W ce z 1 t I QcD aw� I =U et V0-IL =QU a >z U 0 Z W 0 w Y coa mrn F N�� o ' a w 1 w 00 I I u I I I I w^r 0 I u F-w z w C W- a�— 1 CC =d OO Uwe I �U�a' 1 J w u a 0 W, W Z WO OJ U a i_U ce—a w�N _. �a 00Q W I W00)Cn 0 Z z w w >U w'—' Z O O J 0(LO O CC I wv w w �QQ wo= w I 0_ U) wO 9 ® Z Z 0 iiir O U u Z L.., N 7 7 7 ~ 0 w Z 0 a�1- Zw 0 Q'w wL` Z ce I—<m O W ww0,` Z0a cnZ NU �K U0a l � M Z zam L \ i zo a z� 0cn 0 c .ct Z � OI— < F- Z/1s 0w a w OH _ >- J U 1 WI 0 WZ Z w W p0 � P' w c0 5 0- H / CC Cc o i- z> "� m 0 m a Page 14 of 131 Hello, electrify america „riNEWYORK STATE OF OPPORTUNITY. NY Power Authority Freedom • 'Pt -at I lr'4"11. ItPrVI al, 1 0 . • 4.-.S.;-?':ell . . ,.. liv4 1 ) _ . 4 .. , , .If •r • ,.irt• - ';';',0.--, its% .., , • ..„ . , , . 1 4Y-41111'- r• • . I• '. ''' • ,,.. ' # :. 1. s. • , -1401tiL-AllniUrAPtlf—' . ' le • _....... • __.: .r, .•: ••,., . . ,, „No• ., vil • '",,,,,,• 411 . ' '-.' , - _. 1 #V.,-,,.&TN.C- il i'''"0":1SP.- ,- 0.- •'. re r Jo' ! ,ill .. ' • ; . - V. • I). .* .44- &iilikill*' • r . P2.-101k- , re r if lik Yi..•., ill )°.r • 1 l'y . 1.1 : I 41i,. ,,,„ . .4t.4 A PARKING. ., '• EXCEPT r I'' .084102'.• ,flo... — — , - # "•VA4—' .' •Ex C PI 50 WHILE . ,-.. • •al•ip WHILE „...,., CHARGING ' !. e, _ iii $ . 4 0:. CHARErric f Iii ,. fi 1.0 4—*11, •.. ., • • ., .%:%• . ti! .P .P EVehoe NY EVolve NY - Eficoivd Ny 4 .r.i. - 1:Kr ... ' 1r" •••r , .4'; All:*•'7. ... 7' iv,y7' 7 •- do I: . • . . .., .. .• P r:114, , . .111 ... i , .: - • . . , .. . . .11, .6'6. ,..• '4,-.. . . . . P----%• - : ,0 .• ., / ..1 - ., • • ., . , .1 v. 1 9!.....,.-• N Y Pcvocr , ' AulluAily _.. . . -.7 . i _• 111 . 10 . . . .. . ' . — ... , ...1P -- ' '-- . '4:-''. ' '•- Page 7'_ ' _ V / 4 c 01 C 1 CA � C • �, •'-T) , IV) )5114�M i 2 L -- t:If. - I i F ' • . . • n V • 1 1 g• C.)_C yr = 1 i• cn L_ ri >a• a • • 3rip O , . I a 1 . O . oEo >, • ° ' .w v °; a 3 o P) 5 '' 3, i 0 i rt• = > N v a, a C U4: _ L o 0 w a a, -O N U L 3 > a, C U �� i .0 a, y . r0 i i U CU a, y i J U U i V C 1 O .E .E En 2 `� �O r0 O 7 O L '-' NEQ U ia o -O O r ^ C 1JU 3 § p r0 x Q O _ N y• -o-ov• o } oO CaiE ,,m vo�• N'- U °J -p . • ON 0") I. I' $ m v > U U • L a) O O a t ' ._ d m E s } } -• i -O a• ,, J V Z cu L LLI > a '- oZ ? a, o o,E , F- w .E Q u s E u w ... - > 4J -ELo w . � 3 Ja,Yy`iA 3o -.w 0 U• m .'▪ >' L o E c a t "L.' � > E 15, - I— o ✓ w u ` lii 0, v E o c L aJ y • Ca Q�S }�5 c F t IA o a m • GJID in LC * w , 6 q v c v 'L-' 0 u 20 c 7 • N v L Q L i O i L ." 1SVA o -c �� iadlCH-1 =e v N C• 0 + O u • v o v O -o .- E CT v O O �o c L CDa o a'i E v O L -o O- co Ti in a ) O• .0 co O rV g' aJ En O 3 v `O y 5, " ›"' EE• c _Li ID - O r 0 v O a) i d 4+ v E'L O r, v ] W " s 3 i c G 0 i i = -O ' 2 .c i V a++ ° GJ O a_,• O . J ZQ -00E �V ° . LL � L O v3I- c -, - La c -• L .J. v o E E L 3 -cO z ,) -'' o,saa-, v O LUf N T N ia�'i�d E a E s '' E E 01 - o Z� Q 0 3 .I r0 c v v c y • o, v o, L a, L v frl o ✓ a, a, u .E a L w °J E °' 0 u r Z O eg 2 El flr E o Sc 0 0 0° -i';: 0 .no 4,4 0 Q) C i_ 1 C -0 ° Ww QJ = z a i1C i_ U z V pD ,� ❑t C O W t9 I a N x N U 3 t )1" U p aU..), L J ad vCC Eu_ Q N XX ♦i = a i. O W •i i QJ_-) (.0 VII E V� p� 1- 0 .,-11F ---•=r+LT-1 A v ., ,c____ _. ,_._.., .„. iiiii , 4I s 4 . . . ,_ , _ __ } f ..-ror 0 ' _ o f rage 17 of 131 i y c . , . . . .....„, a cu D ; _ it.. ,;i Lit ` ul 0 , -IP U ` ` IF r i c dri+ Y W Y tUri W UI a N CTJ V i m W W v ill I xi Q �/\�/\\ a.. t.. V tr- no E . _ UJ. . 1: .... >, . .., _ u_ Q� � Y ..,„ .....r. „,,..,,,. 4 ,_, ..,r,,:,..,. u COcu ga • • I m v �x cc y a l4 m c 2w cm _ o i a J Lu _c O rn E Y E o v o E • 3 3 u 'o o CO- 3 E v y Y Y u y N m m ,°, i ,- r°n E u CO c • M a E 2 u •- L m N v U T t0 N • _ L C C 01 u 7' C E E IL c v o ( \ '',E a v v a J y y •- J u •3 w 2 a, cif OI c, L E CO 17, � IO w u N v i y 2 v v .a-, n , w ;; 0 E ,„ W J U O '^ a u w \TJ c v E ,� v V a i u L o y Ua } N N a W y u T O Z t0 i N W J , C ` ' Y � � C U o mE u CI a, o CO W O a o COtn 3 u_ O VI C \T/ a' um u L J a m s o f 'm m cn v u E • � >, 7 m = „ ?CU' m v > a m > E E //�' 0 L J Z N a u ~ i y o a O N - a o rn a N v, i 3 3 ° a 'o w a c v o f p m L K u 01 i u J o 01 M E m 2 N L u v F M 01 u 01 y Y J Q u E a N CO ° LHflI fll C� wUF OQ K w• N E O l ro alN u L a vi O O Q O a >, E _c, •— N N m y C ` C O E ro + a v Ou O O + o a V o N E • rp NI ,� rn a N u 0 a. _. >. N E t v . o C • — /� C V u v v (y, •,o O L v = a N u a v o 2. • • - V a VI E u 'b u ,v, a>i CflII ! H • O o u > rou ' 3 0oa Lo CoCoL 2 m W 3 2 8 E , iil qr. j { AA .a war-- © 13 k I F I FEN IIIII ■ N _ O v o E v i E 3 L � 00 wvE 4,f' o Em li' , IN .. _o ‘,, 1 I- "F 1 f� r 6 IOW > m 111!i4d l o Y 0 E E E E o -a v m 4� .� _ °' E _ _ .. : I�J NE o ' ° - 1 a c _ O 1 1 • r E F E 2 2 o n ryr+ o m 0 0 o a N A N a q a U 6! v 41 � • d 0` 3 3 3 F W 3 3 two , , u_ it it it' O Page 19 of 131 al J = o W I.^ L p- a E 0 a " ra u w .� 2 _o = N N m � .rn 2 L s ra , Lu L . 0. 3 > a1 U ` o U C Lei O T O > 0 O O a a 0.s N o a U 'o vi v Z u v • E u ° v a, z u ra W ` = Z 0 0 U Q tri v . L ra 'di alp -0Z u a U C ra - i U Q 'C } Z ra N aN N Nt ra , u Z '0 a N F = a o E Q v N °; WuW v o a3a O '^ = u Q Q Ls /W, Zo oa i vz Q � N v FN . v u va 0 Z> ON a U >o Z w LNrap -0 ° a a E ro Z1v W- U z y F o W L z _ = V• C d a. N ic a a v a O i ara NvOF — a Z a O z o O U o C F 'E. .0 E C11 w O a 7 N Q Vl u 3 w v a VI a ra Qra Z N N ° Q o Zl7J Uy t,Jo• o O ▪ u F▪ ` N y • v u ,, _,• Nra C Z aE C p mv Q .^ u 0 nj as) W/ v.O }_0 a•iW 1- } UNl LI] a N D it ra. a .E Z N L O ° 1- a N+ a. - L W v Q a } uaa a OZWO 01 O 0 OM 0 O O E u_ J—) >_ OW (I) u_ a..) < O an O z an JJ N V 4sO) 0 Co >- �L Al X O O cece Q ce ce 3 CO W O ce a iir 11. w E . _ ,i. ,.., w U © �, (..7 z_ J ) 0. CD Cr N Q F 0 LLLL O • o V / 'AP 'electrify eni—INEWYORK NY Power STATE OF OPPORTUNITY. Authority amenca Learn more at https://evolveny.nypa.gov/ .. • * Fr .4 • , f ° •'i . 4 1 -;, 4,.. , .. ii 00 l r, 1 - 1.. l , . i •. ti 141k,% ov., 'a i 41 i . , I, 11111111 'If .l'I (011 i A I — ft , ktb,24e. dip. ii*, • Ap 'job 4, NY EVo ve /119:PAIPANY 1 1-16 ,-/d -.. 1 i ilir 1 11 .1.- - cw46,, 11 .A la - ;... Z , a ccs ,P4 ;,0 ID. . • . z .r!!!!ralf- ,„„,.4. 1,,p • 1.,.... 14 "Wit I' 7' " i .; 1..,„ SOJ77- -,- •, - I . .1.. 4106' rif i / -',"", , SO 01)f lilt t Olt el ' lio . d* 4r Ill 5, . •?•0-: . :.•,_ IT, I Page 21 of 131 MFT-'.• 11 ' . r 11>_ !',,_ 4i•ilk111:,,t,„‘ -..e.-7,",. ...-c., 7...,.:„.-• /.../. i . • -.74‹,•L., , s 14,‘, s ,' �/ sue + , ,':? • *4 dlf/! Lf) fq� f . .. r 4 ..' N V ppes , r' 3 W a ti4 ,� �� � I CL 0 ;ti .�s v ` W ce / a 6 WQ 4.e ? cc , - ,,,,,,,-,.2 >, 4, g.), 0 ,- ..,,. , „... . '44. coZ P ape. /! (n Q - ,j v. Ls ce r , WW 0i a Da ' d. '''',. o / ,4 44 W '• ` � `4r"{ W z (� _ � ♦..-.. . ,-,...,:„.,/ , - _ •• r .� f a , ... • O '�' G` He.,... Q� 'fie n -, ,. ^6`" � y+'�yl f-. W Page 22 of 131 ,, a �j .M ��f„fir -' 4 0 ' 'E , '}r, .� b E "'v r ,� 1 J 1. " • I CI t. CC $4,- ' , i \ c-I ti f 1.0 L Q , .: : ,1,, -1.4 „, Ili!. ti z 4. 0 ' ► . Il a W / „. . a U L.L121 4 0' > w W W g Q ;/ z yLr �+- . t W a ' 0 U e r14/21.4p LU ` , 4 -. ISz • "14. .�y ILI Z W CC 1 W r. • r -.� 74+• m 0 H i,' - fo. z y N 0 T. U 0 0 vi W 4+ . Q w ,r y W N I ` } . o z V N 3 X W Wlb. u, z i. Om 16 lorni 0 LLJ 0aCC W J Page 23 of 131 ,, „,. Ilk 1111,6==11-4 >_ z .. , - ,, .4 .„. , .., . .... , ,,. , ,,.... ._. ..., ...---o . . -. . i..1.111 :, - t ., • s • A ,...-, A co” 101,_ ?71„ ' ` ' •*''' . ;. . • . 44, ' . , $•• co i• 4.--....4- a) :iv •- '14.' —_ _ ..--.: . . - - i . . , >- 2 -.-. ...' . • •r°4! ,.• . N ,'.-111.1 v- ..i• .''SK , .... , „ < ird,,,,, ,:. it:i l'• .4 I CI- • 4 1"- - ' ".. 5.T. • t.'• ''• •'.• ›- :- .' le A • .2.1.1011;' Z ..4. i' V . • T.' . •.- A ill 0 li,"4".=--'-- ,,,,_.:,..-,,, •,.ro ;,,,,a.. i_-,.. . — f I— ‘s,— .1. 4 —Aik,',,-- / 7 , 611 -ik.. -'7,'„1".• 7,„. . k...s- -.1..;-.. • •.. . .14.-A., .-"'" ' .4- : .-. --,,r.". ..... • -• -- ..b e..- - ?• -N. ' - 4 2 . 0 o. 4 LU n i- - T.7)0- -•--.•- • --..N. ' T.' ...'";,4., V) 'ir O. > Ur ......„1,_ 1. .t.,•,, ' ". -,_ 1.1.1 1..., 2 < - -:,,,- '• . ..ii *I • -- - _ , f 0 t = : L. 4 %i 4. 1 A . .... , LU 4 .1"9..il '4 . C1- 4 0 'TK" • ' .4it .,, ••,, ... ... C1- ' -. 1. '••••'....' i--- < . ('•c4I '-'•'''• • - 44 0 ,,t . . ''' --' (r) Z •.-e ' • ''',' - .., 0 ,k , .. -.7s- '4'. -. ' ' .7) 2w mz q 17, w ce Z ' . ' ' ' Li., 14 . Li., cc a . I _. 0 I I— . , co z (6 0 0. (6 0 . I , . colt. i.' U 0 . ' l' IL... -. 4..fr,- Id".. • ' Limi 11 4C CC LL.I . 11" i L .I ,.. ,, , 4.4.' .: ce ce m .. , 0 (6 ce CC ,i '-, :4 :,ttAiro ••.4 ce o 2 g o .... ...4 , . : >1111 17;4,14.111 1 .91 r. 1..4100 I/.174 ZW 0 141 • 4't " 0 1 * W CC , O. • I. .. —I Page 24 of 131 ._ .. I'.1‘ 1 il. .46.4 100 4 i lik A 'I, b.444,41.4:14.4 ., t ,,. . r i S 1 Y . il v. Itt. er 7,.4. ' • 1,. N { 1 s • F M Tt ;•. . It . . .4.a .0 II Ili*. , ,4l 1,„ ;ili . „_ _ 1 t 1,,,,, _ Iripa L'il . :. o IIP , ' , , 6 lirir,4 lir ar , ,." • .01 ' Is ik; , i Illite„ dill 11 I 1i ) I 1 Illit it 1 MAIN I I' % ,p 1 , • • ..tria„ , _ . • • - .. . _ill' .._ ... . . I,At- * li ', , .,r Page 25 of 131 SITE LICENSE STANDARD TERM SHEET Date: This is a non-binding term sheet and is intended solely as an outline of the business terms of the Site License Agreement ("SLA")upon which agreement must be reached in order for an SLA to be finalized. Site Host("SH") Property Address ("Property") Licensee("NYPA") New York Power Authority Permitted Use The Premises will be used for the installation, operation, maintenance, repair and replacement of an EV charging station and related infrastructure. Customers shall have access to the Premises 24 hours per day, 365 days per year to the public Number of Electric Vehicle Minimum of four(4)DCFCs Charging Spaces to be created License Term Ten (10)years from the date the charging station is operational and open to the public Option to Extend Two (2)options to renew the term for a period of five (5)years Maintenance Fee At site commencement,NYPA will pay the maintenance fee on an annual basis upon invoice from SH Preliminary Site Prior to execution of the SLA,NYPA will prepare a site plan for review and approval Plan/Sample Designs by the SH,which will be attached to the SLA as Exhibit A. Site Plan Development and Post execution, SH will provide approval through written communication of plans and Permitting Period specification, including exact locations. NYPA will not commence such construction without approval. Electrical Service As a condition of NYPA's willingness to install a Charging Station at the Property, NYPA will, at its sole cost and expense, coordinate with the appropriate electrical utility provider and local building department for the installation of a new transformer at the Property, ensuring separately metered electrical service which NYPA will be obligated to pay for directly to the utility provider. SH will execute any utility easement necessary to permit the installation of a new transformer at the Property. Signage SH will approve signage to be professionally prepared, installed and maintained by NYPA SH Cooperation Plan approvals,permit applications and approvals;utility easement Delivery of Possession Upon receipt of permits and easements necessary for the installation of the Charging Station Maintenance of the NYPA will responsible for the maintenance, repair and/or replacement of any Charging Station improvements installed by or on behalf of NYPA at the Property, including the power cabinets, switchgear, and dispensers. Maintenance of the SH will be responsible to maintain the common areas of the Property, such as, debris, Property and garbage collection and removal, grounds maintenance, striping, and snow removal. SH will coordinate any parking lot maintenance with NYPA. Confidentiality SH and NYPA will not use either Party's name, trademark or logo without other Party's written consent. Page 26 of 131 Sample Designs Page 27 of 131 HOST SITE AGREEMENT This Host Agreement("Agreement")is effective as of (the"Effective Date") by and between the New York Power Authority, a corporate municipal instrumentality of the State of New York with an office located at 123 Main Street, White Plains, New York 10601 (the "Authority") and Town of Mamaroneck with offices located at 740 West Boston Post Rd, Mamaroneck,NY 10543 ("Host Site Owner"). WHEREAS, the Authority is permitted pursuant to Section 1005(9-a) of the New York Public Authorities Law, to construct,install, lease, operate and maintain electric vehicle charging stations throughout the state for use by the public; and WHEREAS, the Host Site Owner acknowledges the value of installing electric vehicle charging stations on its premises (described more accurately in Section 2, below), and desires to grant access and use of a portion of the premises to the Authority pursuant to the terms set forth herein; NOW THEREFORE,the Authority and the Host Site Owner(sometimes referred to herein collectively as the "Parties" and individually as a "Party"), in consideration of the above and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS: For the purposes of this Agreement the terms listed below shall have the following definitions: "Charging Station(s)" shall mean DCFC 150 kilowatt electric charging station to charge electric vehicles, and encompasses all requisite Trade Fixtures and ancillary equipment related thereto, but does not include Infrastructure. "Charging Station Hub" shall mean a bank or set of more than one Charging Stations sharing the same Infrastructure (as defined below). "Commencement Date" shall have the meaning attributed to it in Section 5. "Data" shall have the meaning attributed to it in Section 22. "Event of Default" shall have the meaning attributed to it in Section 15. "Hazardous Material" shall mean any petroleum, petroleum products or byproducts, and all other regulated hydrocarbons (including without limitation, petrochemicals and crude oil), or any fraction thereof, coal ash, radon gas, asbestos, asbestos-containing material, urea formaldehyde, polychlorinated biphenyls, chlorofluorocarbons, and other ozone-depleting substances; and any chemical, material, substance, product or waste (including thermal discharges and hazardous waste)that is prohibited, limited, or regulated by or pursuant to any environmental laws, this includes waste PCBs (as defined by the United States Environmental Protection Agency ("USEPA") in 40 CFR Part 761) and hazardous waste (as defined by the USEPA in 40 CFR Part 261 and the NYS DEC in 6 NYCRR Part 371)as well as other material Page 1 of 26 Host Site Agreement(Rev3; 11/2019) Page 28 of 131 regulated for purposes of release, reuse, disposal, or recycling (e.g. CFCs, ethylene glycol, mercury, oil, asbestos). "Host Site" shall have the meaning attributed to it in Section 2. "Infrastructure" shall mean the permanent improvements to the premises that serve the Charging Stations or Charging Station Hub, including but not limited to, the power supply, utility connections, concrete pads, and the conduit and wiring that run to the Trade Fixtures. "Initial Term" shall have the meaning attributed to it in Section 14. "Possession Date" shall have the meaning attributed to it in Section 5. "Property" shall have the meaning attributed to it in Section 2. "Renewal Term" shall have the meaning attributed to in Section 14. "Term" shall have the meaning attributed to in Section 14. "Trade Fixtures" shall mean the components that comprise the Charging Station including, without limitation, the charger cabinets, charge posts, switchgear, signage, and an energy storage system. Trade Fixtures may also include canopies and lighting systems that exclusively serve the Charging Station(s). 2. HOST SITE: (i) The Host Site Owner hereby grants to the Authority,its designated representative(s) and their suppliers and subcontractors, unlimited and unrestricted access to construct and maintain the infrastructure described in Exhibit B, attached hereto, in accordance with the site design plan depicted in Exhibit A, including up to ten(10) parking spaces (the "Host Site") and such other space as may be required for installation of the Charging Stations (or Charging Station Hub), Infrastructure, Trade Fixtures and appurtenant equipment on the property commonly known as Town of Mamaroneck Municipal Lot(the "Property"). (ii) The Host Site Owner will not place any additional electric vehicle charging equipment on the Property without obtaining the Authority's prior written approval, which will not be unreasonably withheld. The Host Site Owner will provide the Authority with at least sixty (60) days prior written notice before installing any additional electric vehicle charging equipment on the Property. The Host Site Owner will provide the Authority with all necessary information to permit Authority to determine whether the proposed additional electric vehicle charging equipment will interrupt or adversely affect the use of the Charging Station (or Charging Station Hub). A determination that the additional electronic vehicle charging equipment will interrupt or adversely affect the use of the Charging Station(or Charging Station Hub) constitutes a valid basis for withholding consent. Page 2 of 26 Host Site Agreement(Rev3; 11/2019) Page 29 of 131 (iii) The Host Site Owner acknowledges they have ownership and control of the property 3. CONSTRUCTION OF CHARGING STATIONS: (i) A total of 4 parking spaces shall be outfitted with one Charging Station per parking space and (1) additional parking spot will be marked for ADA accessibility. Upon securing access to the Host Site and obtaining any required approvals from the servicing electric utility, the Authority will, at its cost and expense, construct or install the Charging Station (or Charging Station Hub), Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements as described in Exhibit B, attached hereto, in accordance with the site design plan depicted in Exhibit A, attached hereto. The Authority will not commence such construction unless or until the plans and specifications, including exact locations,have been approved by the Host Site Owner, which approval may be by e-mail communication and shall not be unreasonably withheld, conditioned or delayed. All such construction and improvements shall at all times comply with applicable laws, codes and ordinances and shall be installed, maintained and replaced at the Authority's cost and expense, as described herein. (ii) This Agreement may be terminated without any liability on the part of the Authority in the event that: a. the Host Site Owner delays the approval of the plans and specifications as required in section 3(i) beyond a period of fifteen (15) days after written notice from the Authority; or b. the Authority cannot secure the required approvals to construct,own,operate and/or maintain the Charging Stations; or c. environmental or other site-related factors adversely affect the Authority's return on investment in the Charging Stations; or d. the Authority cannot obtain an economically viable interconnection with the local utility services as required to operate the Charging Stations and appurtenant equipment contemplated by this Agreement. 4. ACCESS DATE: The first date where the Authority may enter the Host Site and Property to begin their work pursuant to this Agreement is in accordance with the Effective Date (the "Access Date"). 5. COMMENCEMENT DATE: The date that the Charging Station(s) open to the public (the "Commencement Date") shall be within six(6)months following the completion of all external permitting, utility or other requirements necessary to commence construction of the Charging Station (or Charging Station Hub). The Authority will deliver written notice to the Host Site Page 3 of 26 Host Site Agreement(Rev3; 11/2019) Page 30 of 131 Owner promptly following the Commencement Date to confirm such date for recordkeeping purposes. 6. DELIVERABLES: (i) Maintenance. The Charging Station (or Charging Station Hub), Infrastructure, any additional Trade Fixtures, will be owned, operated and maintained by the Authority. Notwithstanding the foregoing, the Host Site Owner's normal responsibility to maintain the common areas of the Property shall also apply to the Host Site, such as debris and garbage collection and removal, grounds maintenance and snow removal. The Host Site Owner agrees to coordinate any parking lot maintenance with the Authority to ensure that Charging Station(s) remain(s) available to electric vehicle owners. The Authority may, in its discretion and at its cost, install security cameras and other equipment to monitor the Host Site remotely. (ii) Utilities. All utility services provided or used to operate and maintain the Charging Stations and related Trade Fixtures, if any, in or at the Host Site during the Term of the Agreement shall be separately metered and paid for by the Authority. The Host Site Owner shall not be responsible for any damages suffered by the Authority in connection with the quality, quantity or interruption of utility service,unless the cause of the disruption or damage was due to the Host Site Owner's negligence or willful misconduct. (iii) Training. The Authority will provide initial training to Host Site Owner's personnel for the operation of the Charging Stations,related Trade Fixtures and ancillary equipment. (iv) Contractors and Subcontractors. The Authority may in its sole discretion use a contractors or subcontractors of its choosing to perform its obligations under this Agreement. (v) Licenses. All licenses,permits or approvals in relation to the installation and operation of the Charging Station (or Charging Station Hub), Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements shall be obtained by the Authority. 7. COMPENSATION TO HOST SITE OWNER (i) In addition to the recognized value of siting the Charging Stations on the Host Site, the Authority will pay Host Site Owner the lump sum amount, in accordance with Exhibit E,for each full calendar year that the Charging Station(s)(or Charging Station Hub), Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements are maintained on the Host Site (the "Maintenance Fee"). (ii) Host Site Owner agrees that the Maintenance Fee is a reasonable amount that fairly offsets the additional cost and expense that the Host Site Owner may incur to provide the services set forth in Section 6, above, relative to the maintenance and monitoring of the Host Site, any additional insurance costs and related administrative costs to comply with the Host Site Owner's general obligations set forth in this Agreement. Page 4 of 26 Host Site Agreement(Rev3; 11/2019) Page 31 of 131 The Maintenance Fee is payable in advance by the Authority on an annual basis upon receipt of a proper invoice from Host Site Owner. Invoices shall be submitted by Host Site Owner and in accordance with the Authority's invoicing instructions that will be included on a separate purchase order issued upon execution of this Agreement. All payment obligations by the Authority are subject to attached Prompt Payment Policy (attached as Exhibit D). 8. HOST SITE OWNER REPRESENTS AND COVENANTS: (i) The Host Site Owner represents that it is the owner of the Property and that this Agreement does not violate any agreement,lease or other commitment of the Host Site Owner. (ii) The Host Site Owner is duly incorporated or organized, validly existing and in good standing under the laws of the jurisdiction of its organization and has all requisite corporate power and authority to carry out its obligation under this Agreement. (iii) The execution, delivery and performance by the Host Site Owner of this Agreement and each of the transactions contemplated hereby have been duly and validly authorized by the Host Site Owner and no other act or proceeding on the part of the Host Site Owner is necessary to authorize the execution, delivery or performance by the Host Site Owner of this Agreement or the consummation of any of the transactions contemplated hereby. This Agreement has been duly executed and delivered by the Host Site Owner and this Agreement constitutes, upon execution and delivery by the Host Site Owner,the valid and binding obligation of the Host Site Owner, enforceable against the Host Site Owner in accordance with its terms, subject only to the effect, if any, of applicable bankruptcy and similar laws affecting the rights of creditors generally and rules of law governing specific performance, injunctive relief and other equitable remedies. (iv) The Host Site Owner shall not take any action that would impair or interrupt the use of the Host Site or Charging Station(s), Infrastructure, any related Trade Fixtures, ancillary equipment and related improvements and agrees to use commercially reasonable efforts to protect against the misuse of the Charging Station(s) and ensure that parking spaces remain accessible and available to the owners of electric vehicles. (v) The Host Site Owner shall provide the Authority, its employees, agents and/or contractors safe,proper and timely access to the Property and the Host Site as necessary to install, operate and maintain the Charging Station(s), Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements. The Host Site Owner shall also permit the Authority to temporarily close down the parking area both surrounding and encompassing the Charging Station(s), Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements as necessary to carry out maintenance or repairs. (vi) The Host Site Owner must promptly notify the Authority of any site-specific construction, safety, technical or other requirements and restrictions related to its Host Site that might impact construction and installation of the Charging Station(s), Page 5 of 26 Host Site Agreement(Rev3; 11/2019) Page 32 of 131 Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements prior to the preparation of plans and specifications. The Host Site Owner's approval of the plans and specifications shall be deemed a representation that no such site-specific requirements are known (or should be known)to exist. (vii) The Host Site Owner shall provide the utility company,proper and timely access to the Property and/or Host Site as necessary to install a dedicated metering device to serve the Charging Station(s) and any additional Trade Fixtures. (viii) The Host Site Owner shall cooperate with the Authority and provide reasonable and customary resources to support the construction, installation and operation of the Charging Station(s), Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements during the Term of this Agreement. (ix) The Host Site Owner shall use commercially reasonable efforts to observe the operation of the Charging Stations and promptly notify the Authority if it observes, is notified or, or obtains actual knowledge of (i) any malfunctions of the Charging Stations (or Charging Station Hub), Infrastructure, any additional Trade Fixtures, ancillary equipment and related improvements, including but not limited to operational issues, abnormalities and damage; or (ii) (x) the impairment or misuse of the Host Site, Charging Station(s), Infrastructure, related Trade Fixtures, ancillary equipment or related improvements (by way of example, gas fueled vehicles intentional blocking access to the charging stations by electric vehicles known as "ICEing"); (xi) The Host Site Owner shall permit the Authority to install use-related controls including but not limited to signage, additional lighting and pavement markings to the Host Site. (xii) The Host Site Owner shall provide the Authority with all documents, including without limitation,plans,drawings, specifications,details and other information concerning the Host Site, as reasonably required by the Authority in connection with the installation and operation of the Charging Stations, Trade Fixtures, Infrastructure and related improvements. (xiii) No marketing, publicity, promotion or advertising regarding this Agreement will be issued by the Host Site without the Authority's prior approval, and, if applicable, also with the prior written approval from the Authority's customer where the Work will be or is being performed. Any responses to but not limited to, news media inquiries, letters, speeches, news and/or press releases, articles for publication related to this Agreement, will be coordinated with the Authority for review and approval prior to release. 9. OWNERSHIP: The Charging Station(s), Infrastructure, and any related Trade Fixtures, ancillary equipment and all related intellectual property shall remain the property of the Authority. At the fifth Commencement anniversary the Host Site Owner shall have the option to purchase the Charging Station and related Trade Fixtures from the Authority pursuant to the Page 6 of 26 Host Site Agreement(Rev3; 11/2019) Page 33 of 131 Depreciation Schedule annexed as Exhibit C. The Host Site Owner shall submit a request to transfer ownership to the Authority no less than ninety (90) days before the fifth Commencement anniversary. The Authority shall reserve the right to maintain ownership, at which time the option to transfer ownership may be requested by the Host Site Owner again at the end of the tenth anniversary.At any time during the duration of the agreement the Authority may provide an option to transfer ownership to the Host Site Owner. Upon transfer of ownership, the Charging Station(s) and related Trade Fixtures, including all underground Infrastructure, including all curbs and other permanent improvements, "as is" will be the property of the Host Site Owner. 10. USE: The Authority shall have the right to use, access and occupy the Host Site during the Term of this Agreement with respect to the Charging Station(s), Infrastructure, and any related Trade Fixtures, and for incidental purposes,including installation of telecommunication infrastructure, generating photovoltaic electricity and operating an energy storage system. All use of the Host Site by the Authority shall comply with applicable codes, laws, and ordinances. 11. PAYMENT FOR CHARGING SERVICES: The Host Site Owner shall have no right to request or accept payment in connection with use of the Charging Station(s). 12. CURTAILMENT OF CHARGING STATIONS: The Authority shall have the right to remotely control the Charging Station(s) in order to respond to grid conditions, including the curtailment of the total power output of the Charging Station(s) and any related Trade Fixtures during periods of peak demand. 13. HOST SITE OWNER COSTS: The Host Site Owner shall pay all costs associated with: (i) maintenance of the Host Site; (ii) disposal of Hazardous Materials in accordance with Section 24 14. TERM: The initial term of the Agreement shall expire ten (10)years from the Commencement Date(the"Initial Term"). The Authority shall have the option to renew or extend the term of this Agreement for two(2) additional terms of five(5)years each(the"Renewal Term" and together with the Initial Term, the "Term"). Following the Renewal Term, any further renewals will be subject to mutual agreement between the Authority and the Host Site Owner. To extend the Term, the Authority shall deliver written notice of such extension to Host Site Owner no later than thirty (30) days prior to the expiration of the Term. In the event of a sale or transfer of the Property or Host Site by Host Site Owner while this Agreement is in effect,the Host Site Owner shall ensure that the Authority's rights and remedies under this Agreement are conveyed with the Property or Host Site. 15. DESTRUCTION: Any total destruction of the Host Site shall, at the Host Site Owner's or the Authority's written election, within thirty (30) days of such destruction, terminate this Agreement. 16. DEFAULT: Each of the following shall constitute an"Event of Default" under this Agreement: Page 7 of 26 Host Site Agreement(Rev3; 11/2019) Page 34 of 131 (i) the failure by Host Site Owner to perform or observe any material term or condition of this Agreement and such failure continues for a period of thirty (30) days after receipt of written notice thereof,provided however, that if the nature of such default is such that the same cannot reasonably be cured within said thirty (30) day period, then Host Site Owner shall have such additional time as is reasonably required to cure such failure provided the Host Site Owner commences to cure such failure within such thirty (30) day period and proceeds to cure such failure with diligence and continuity; or (ii) the appointment of a receiver or trustee to take possession of all or substantially all of the assets of the Host Site Owner located at the Host Site if possession is not restored to the Host Site Owner within sixty (60) days; or a general assignment by the Host Site Owner for the benefit of creditors; or any action or proceeding commenced by or against the Host Site Owner under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors and in the case of involuntary actions filed against the Host Site Owner the same are not discharged within sixty (60) days after the date of commencement. 17. TERMINATION: (i) Unless otherwise provided in this Agreement, the Authority may terminate this Agreement at any time upon thirty (30) days' prior written notice to the Host Site Owner. (ii) This Agreement may be terminated during the Term by the Authority upon the occurrence of an Event of Default. (iii) Upon expiration or termination of this Agreement for any reason, the Charging Station(s) and related Trade Fixtures will be promptly removed by the Authority. The Host Site Owner shall have the option to purchase the Charging Station(s) and related Trade Fixtures from the Authority on mutually agreed terms and in accordance with applicable law, rules and regulations governing the Authority's disposition of property. All underground Infrastructure, including all curbs and other permanent improvements to the Host Site, shall remain in"as is" condition at the time of termination. (iv) Upon termination of this Agreement as a result of an Event of Default, or if the Host Site Owner otherwise materially breaches this Agreement and such breach results in the early termination of this Agreement, then the Host Site Owner shall pay the Authority an early termination fee equal to the unamortized costs to construct the Charging Stations (including the costs of Trade Fixtures, Infrastructure and related improvements), calculated as of the early termination date based on straight-line depreciation over a ten (10) year period as reflected on the Depreciation Schedule annexed as Exhibit C. 18. INDEMNIFICATION AND LIMITATION OF LIABILITY To the extent permitted by law, each Party agrees to indemnify and hold the other Party from and against loss, damage, liability or expense (including without limitation, judgments, Page 8 of 26 Host Site Agreement(Rev3; 11/2019) Page 35 of 131 attorney's fees, and court costs) incurred as a result of injury to or death of any person or on account of damage to property, or any other claim arising out of, in connection with, or as a consequence of, the indemnifying Party's gross negligence or willful misconduct with respect to the utilization of the Host Site. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL,PUNITIVE OR EXEMPLARY DAMAGES,EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT, AND EACH PARTY HEREBY WAIVES ANY CLAIM WITH REGARD TO SUCH INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO CLAIMS ARISING OUT OF EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL THE AUTHORITY'S TOTAL LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ALL CLAIMS UNDER THIS AGREEMENT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000). 19.ASSIGNMENT: (i) The Host Site Owner shall not assign this Agreement voluntarily or by operation of law,or any right hereunder,without the prior written consent of the Authority;provided that the foregoing prohibition shall not limit the Host Site Owner's ability to transfer this Agreement to a company that is controlled by,controls,or is under common control with the Host Site Owner. Any assignment by Host Site Owner in violation of this provision shall be void. (ii) The Authority's right and remedies under this Agreement may be assigned and reassigned in whole or in part to one or more assignees without the necessity of obtaining the consent of the Host Site Owner; provided, however, that no such assignment shall be effective and binding on the Host Site Owner unless and until the Host Site Owner shall have received notice of the assignment disclosing the name and address of the assignee. The Host Site Owner agrees to execute all documents, including acknowledgements of assignment or financing statements, which may be reasonably requested by the Authority or its assignee to protect their interest in the Charging Station(s), Infrastructure, any additional Trade Fixtures, and ancillary equipment and in this Agreement. 20.ALTERATIONS: Excepting the items of Exhibit B,the Authority shall not make or permit to be made any alterations, changes in or additions to the Host Site without the prior written consent of the Host Site Owner, which shall not be unreasonably withheld, conditioned or delayed. 21. SIGNAGE: The Authority's signage to be installed at the Host Site is represented in Exhibit B. Any material revisions or additions to the signage depicted in Exhibit B shall be subject to the Host Site Owner's approval, which shall not be unreasonably withheld, conditioned or Page 9 of 26 Host Site Agreement(Rev3; 11/2019) Page 36 of 131 delayed. All such signage shall be professionally prepared, installed and maintained at the Authority's expense. 22. ACCESS TO INFORMATION. The Host Site Owner acknowledges that the Authority will be collecting Charging Station usage data, including charge event information ("Data"), such as when a charge event occurs, energy transferred during the charge event, duration of the plug-in event, and duration of the charging period. The Host Site Owner acknowledges that the Data may be used by the Authority for reasonable purposes, including, without limitation, analyzing usage and charging patterns, the effectiveness of infrastructure put in place to meet the needs of drivers of electric vehicles, and the efficacy of the Project. 23. INSURANCE: (i) Host Site Owner agrees to obtain and maintain at its expense a policy or policies of: (a) commercial general liability insurance with coverage to include bodily injury or death,personal injury, and property damage with per occurrence limits of at least $6,000,000, which may be met via umbrella coverage. (b) automobile liability insurance with a per accident combined single limit of not less than $1,000,000. Host Site Owner shall deliver to the Authority a certificate evidencing such insurance upon the execution of this Agreement and from time to time thereafter as such policy is renewed. The New York Power Authority and the State of New York must be named and scheduled as additional insureds to the Host Site Owner's policy and Waiver of Subrogation endorsement. Host Site Owner will also carry worker's compensation insurance in accordance with state and federal law. Under Sections 57 & 220 Subd. 8 of the New York State Workers' Compensation Law, it is required that Vendors/Contractors doing business with a Municipal or State entity evidence proof of workers' compensation coverage on approved forms, as listed below: 1. If coverage is with a private insurance carrier, the entity must provide evidence of coverage on a completed C 105.2 form. The C 105.2 form is supplied and completed by the insurance carrier or its authorized agent. 2. If coverage is with the State Insurance Fund, the entity must provide a completed U-26.3 form provided by the Fund. 3. If the business entity has been approved by the Workers' Compensation Board's Office of Self Insurance as a qualified self-insurer, a completed SI-12 4. Or Form CE-200, Certificate of Attestation of Exemption, if the business is not required to carry NYS specific Workers' compensation insurance. (ii) The Authority agrees to obtain and maintain at its expense a policy or policies of: (a) commercial general liability insurance with coverage to include bodily injury or death,personal injury, and property damage with per occurrence limits of at least $6,000,000, which may be met via umbrella coverage. (b) automobile liability insurance with a per accident combined single limit of not less than $1,000,000. (c) workers compensation insurance with statutory coverage and limits, (d) any additional insurance coverage(s)not specifically listed above but otherwise required by applicable law,rule, or Page 10 of 26 Host Site Agreement(Rev3; 11/2019) Page 37 of 131 regulation as same may pertain to the Charging Station(s) or Charging Station Hub. The Host Site Owner must be named and scheduled as additional insureds to the New York Power Authority's policy and Waiver of Subrogation endorsement. The Authority may, at its option, elect to self-insure any and all the coverages herein. (iii) Both Parties insurances shall provide that coverage thereunder shall not lapse or be terminated without at least(30) days prior written notice. Each policy obtained hereunder shall be written with one or more carriers that have and maintain a minimum A.M. Best rating of A- and VIII or better and are licensed to write insurance in the state wherein the site is located. 24. ENVIRONMENTAL MATTERS AND HAZARDOUS MATERIALS (i) To the best of Host Site Owner's knowledge, the Host Site are free of environmental contamination and Hazardous Material. The Authority shall have no liability for any environmental contamination unless caused by the Authority, its agents, employees or contractors. During the Term, the Host Site Owner is responsible, at its sole cost and expense, for remediating any contamination on the Host Site,including the disposal of any contaminated materials that may result from the construction of the Charging Stations and any excavated contaminated soil that needs to be properly disposed of. The Authority shall have no liability for diminution in value of the Property as it relates to environmental contamination. (ii) The Host Site Owner acknowledges that it is, and remains the generator of, and holds title to, any Hazardous Materials at the Host Site. In the event of a release of Hazardous Materials during construction of the Charging Stations, Host Site Owner shall, in accordance with applicable law and regulations, be responsible for all cost and obligations with respect to the discovery,reporting,handling, and disposal applicable to the Hazardous Materials to the extent that such disposal is required by applicable law or regulations. Notwithstanding, the Site Host Owner's obligations with respect to Hazardous Materials set forth above, the Authority may be obligated to report the discovery to the applicable regulatory agency having jurisdiction over the Host Site. All Hazardous Materials shall be handled, transported and disposed of in accordance with applicable local, state and federal laws and regulations. (iii) In addition, to the extent permitted by law, the Host Site Owner shall, at its sole cost and expense, indemnify, defend and hold harmless the Authority and the State of New York against any loss, liability (including, without limitation, judgments, attorney's fees, court costs,penalties or fines), or expenses of any type (including,but not limited to,required corrective actions)which the Authority or the State of New York incurs because of injury to, or death of any person, or on account of damage to property, or any other claim arising out of, in connection with, or as a consequence of any cleanup costs associated with any site where Hazardous Materials are disposed of or come to be situated traceable to such Hazardous Materials including, but not limited to, response and remedial costs. Page 11 of 26 Host Site Agreement(Rev3; 11/2019) Page 38 of 131 (iv) Except to the extent of any gross negligence,willful misconduct or breach of this Agreement on the part of the other Party, each Party hereby agrees to indemnify, hold harmless and defend the other Party, its managers, members, agents and representatives from all liability, damages, loss, costs and obligations, including, court costs and attorney's fees, on account of or arising out of or alleged to have arisen out of any claim of any third party directly related to environmental contamination arising out of the installation or operation of the Charging Station(s), Infrastructure, any additional Trade Fixtures, ancillary equipment or related improvements. 25. CONFIDENTIALITY AND PUBLICITY: Neither Party will use the other Parry's name, trademark or logo without such other Party's prior written consent. 26. NOTICES: All notices or demands shall be in writing and shall be deemed duly served or given only if delivered by prepaid(i)U.S.Mail,certified or registered,return receipt requested, or (ii) reputable, overnight courier service (such as UPS or FedEx) to the addresses of the respective Parties as specified below.The Host Site Owner and the Authority may change their respective addresses for notices by giving notice of such new address in accordance with the provisions of this paragraph. Host Site Owner's Address for Notices: Authority's Address for Notices: Address: 740 W Boston Post Rd, NEW YORK POWER AUTHORITY 123 Main Street Mamaroneck,NY 10543 White Plains,NY 10301 Attention: Debra Hopke Attention: Meredith S.Robson Phone: 914-390-8003 Town Administrator Email: Debra.Hopke@nypa.gov Phone: 914-381-7810 NEW YORK POWER AUTHORITY Email: mrobson@townofmamaronecicny.gov 123 Main Street White Plains,NY 10301 Attention: John Markowitz Phone: (914) 390-8209 Email:john.markowitz@nypa.gov NEW YORK POWER AUTHORITY 123 Main Street White Plains,NY 10301 Attention: Andrew Pelletier Phone: 518-433-6730 Email: Andrew.Pelletier@nypa.gov 27. BROKERS: The Host Site Owner and the Authority represent to each other that each has dealt with no broker and each hereby agrees to indemnify and hold the other harmless from any claims against the other Party for any commissions or fees in the event of a breach or failure of such representation. 28. THIRD PARTY BENEFICIARIES: Nothing contained in this Agreement shall, directly or indirectly, create a contractual relationship with, or give any claim or right of action in favor Page 12 of 26 Host Site Agreement(Rev3; 11/2019) Page 39 of 131 of, any third party against the Authority, including, without limitation, any sub-consultant or supplier. 29. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and shall inure to the benefit of the Host Site Owner and the Authority and their respective successors and assigns. 30. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of New York, without giving effect to any choice or conflict of laws provision or rule that would cause the application of the laws of any jurisdiction other than New York. Any action at law, or in equity, for the enforcement of this Agreement or any dispute arising in connection herewith shall be instituted only in a court of competent jurisdiction located in the County of Albany, State of New York. 31. COUNTERPARTS: This Agreement may be executed in counterparts via inked signature or electronic mark, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The fully executed Agreement may be delivered using pdf or similar file type transmitted via electronic mail, cloud based server, e-signature technology or other similar electronic means. [signature page follows] Page 13 of 26 Host Site Agreement(Rev3; 11/2019) Page 40 of 131 IN WITNESS WHEREOF, the Parties hereto have each caused an authorized representative to execute this Agreement as of the Effective Date first written above. TOWN OF MAMARONECK NEW YORK POWER AUTHORITY By: By: Name: Meredith S. Robson Name: John Canale Title: Town Administrator Title: Senior Vice President, Strategic Supply Management Date: Date: Page 14 of 26 Host Site Agreement(Rev3; 11/2019) Page 41 of 131 EXHIBIT A 4 Chargers at Address: 175 Myrtle Blvd, Larchmont, NY, 10538 yIIFNIG}r/kt LAL:JR..WIDTH IUri I Page 15 of 26 Host Site Agreement(Rev3; 11/2019) Page 42 of 131 N n'i I S J L M V a ~ n1 Y1 V a G g i 2 a $ B „ o = s s 5 x m a °i 0 i i5 g 5 5 a i as te Ca plOF a Cu • az 2a a H mr x w Y. 2 — — •a eC E 1 L) / iiimer C nv w CO z a H s�gel — I. u a F N 6 a x o� W H ro J - all © a ' V p Q $©r qi Nm a$ -$ q L' N d of 1 ro 7 L y u u m a a 8 'c , E y y a a 5 JJ -Q o 44 I r I E I : s a s CO 0 �, w VIJJ 0 I Es 1.4.1.8,1man.,- [ . .: V -C w u w to a Page 43 of 131 m .- .. 4 ... _ —L 1.7 ., Tr + 4 Ili ,,1 7. IlUl ... Pi N J 7 g ' w 101. a w 3 Lt z 0 i{ tri- m U: z ici. z w r r. o x 2 F rta •¢ CD 2 r. +a .( z W r-1 v r1 go Page 17 of 26 Host Site Agreement(Rev3; 11/2019) Page 44 of 131 II . Ilk I It' 11111 ler :',. - i '+ ill a. se ' Ins �, lit' 4 Y -5..f _: _ 1i i _ ram{ 1) 4 11,?, IP el Ili 3'44 I . ilil mr,.......A 0.11... 1'''.); *''''; ''.4 4 ill .a2= r41 hi . . ot 0 4'' re . at L • I" a. . i1 1 ! 51 is. J i V ib i it . 111111rAr c F 441 W 4• ; J ec O. ..� 1 C I 3 1 ' 0 Z G , . i ii td • i f.'S Page 18 of 26 Host Site Agreement(Rev3; 11/2019) Page 45 of 131 1 ( = a) 1 . , s 5: 4 R �- r. sa I s a c 'c A° a 5 i Ca #y a 1 ' L ,! ' 7 f L Fs ffi S Y•f II W 1 1 1 k a 1 V Z O u c z W i i .iM s 0 g % 7 V 1� P af4 8+r— t+ d. I , i r- 3 t t ii ti .Ci `.. H VI • - 7$ y C 0 * P t 4 in ^rs V n rr1 V �� 4m Page 19 of 26 Host Site Agreement(Rev3; 11/2019) Page 46 of 131 E I ' N1111111111 11 11 al o. .5 5 o I I .1, r EN 0 7.4 11 E I y , i 2 n, 2 .. _; ..,-. hg. 2 5,7,8 V @ f2 E § v A ei !i1H J II W 11 li IDIDIHH I I I I !!2 iii I la r I— N 2 fl c w I b 0 >,. co „sr .= a -5 UP iii i Ra s— ai i I P ••a g ill Page 20 of 26 Host Site Agreement(Rev3; 11/2019) Page 47 of 131 I . 1.A_ 1 .. I . :, . , 5 a - F g E •g il g a * § -- •g k i 8 S- - , - a_ r IV -E N ..-. F . ai• .2,- LI 1 6 g -' .5 — 11 qg e.\, 0 .• . ii i-Z rt •ILI, .,.. /5 #a .. . . .. 1 1 ArAl 4=t 4,4 4.4 _i M I .. . LIJ ID - II 1 LI, uz 1 0 u i_ z , z -g 'E LT; ;E 1` c Al 2 z 2 ,g3 -8 0 . , . D ' Eg 0 p 4 3.1 2 •gS — (le CL = r;zt 2gb i! , n z RI- i v.) w CI WP il Irl LA 0 ' IAR -3a .4, Eris rg ci Page 21 of 26 Host Site Agreement(Rev3; 11/2019) Page 48 of 131 EXHIBIT C Exhibit[ EVo|ve0Y-4 Chargers Strai8ht|ine Depreciation Calculation - Equipment Cost 1,0OO.00OOO Salvage Value � Period 10yesrs Depreciation rate 1896 Book Value Year Book Value [Be�inmm|n�of Depreciation^ (End of year) year) 1 1,000,003.00 100,000,00 900,000.00 _ 2 900,000.00 � 100,UUU�D0 � 8D0,08U.0U _ . � 3 800,000.00 100,000.00 700,000D0 4 700,000.00 100,000.00 600,000D8 5 60O,0]���O � 1oO,0OO.00 � �� D O,OO� 0 � 6 500,000.00 100\000.00 400,000.00 7 4OO,000�OQ � 1OC\OOD�OO � 0D,ODO.DO � 3` � 8 300,000.00 100,00000 200,800.80 _ g 200,000.00 lQQ,OOO.00 100,000.00 10 100,000.00 lOQ,OOO.00 � - EXHIBIT Page %% of%6 Host Site Agreement(Rox3; /1120/N Page 49Of131 711EWYURK NY Power PiLlq Uq —"'"""r Authority APPENDIX B-PROMPT PAYMENT STATEMENT The New York Power Authority (the "Authority'") is providing this statement pursuant to Section 2380 of the New York Public Authorities Law, which states that each contractor doing business with the Authority must receive a copy of the Authority's rules and regulations detailing its prompt payment policy. A. GENERAL 1. This statement is intended to establish rules and regulations as required under Section 2880 of the Public Authorities Law describing the policy of the Power Authority of the State of New York(the"Authority"). Subject to the conditions and exceptions set forth in Section 2880 and herein,in the event any proper invoice is riot paid promptly the Authority shall be liable for the payment of interest on late payments. This policy shall apply to all Contracts entered into on or after April 30, 1988. B. DEFINITIONS 1. "CONTRACT'means an enforceable agreement entered into between the Authority and a Contractor. 2. "CONTRACTOR" means any person, partnership. private corporation,or association. (1) selling materials,equipment or supplies or leasing property or equipment to the Authority; (2) constructing, reconstructing, rehabilitating or repairing buildings, highways or other improvements for or on behalf of the Authority;or(3)rendering or providing services to the Authority pursuant to a Contract. 3. "DESIGNATED PAYMENT OFFICE means the office designated by the Authority to which a proper invoice is to be submitted by a Contractor_ 4. "PROPER INVOICE"means a written request for a Contract payment that is submitted by a Contractor to the Authority's designated payment office setting forth the description, price and quantity of goods, property or services delivered or rendered in accordance with the terms of the Contract, in such form and supported by such other substantiating documentation as the Authority may reasonably require. 5. "RECEIPT OF AN INVOICE" and "INVOICE RECEIVED DATE" mean the later of! (1).the date on which a proper invoice is actually received in the designated payment office,or(b) the date on which the Authority receives the purchased goods, property, or services covered by the proper invoice which, with regard to final payments on construction contracts, shall mean the date on which all the Contract work has been accepted as completed by the Authority in accordance with the Contract terms. 6. "SET-OFF" means the reduction by the Authority of a payment due a Contractor by an PRO e-NYPA Prompt.Payment SIalemeni(row,i -riip-Pagel Page 23 of 26 Host Site Agreement(Revd; 11/2019) Page 50 of 131 J li-1:1EWY°11-+C NY Power Authority amount equal to the amount of an unpaid legally enforceable debt owed by the Contractor to the Authority. C. RESPONSIBIUTY FOR PROMPT PAYMENT 1, The Authority's Controller shall have the responsibility for thr; implornentation of the Prompt Payment Pulley arid Me prululil payment of all psiuper irrvoiues under Mu yerieiul guidance and supervision of the Executive Vice President & Chief Financial Officer. D, PROMPT PAYMENT PROCEDURE 1. A Contractor shall request payment under a Contract by submitting a proper invoice to the Authority at its designated payment office at the time and in the manner specified in the Corirrxd. 2, The Authority shall have Fifteen (15} calendar days after receipt of an invoice at its designated payment office to notify the Contractor of certain facts and conditions, including but not limited to those listed below, which, in the opinion of the Authority's Controller, justify extension of the statutory payment period, a) there is a defect in the delivered goods, property or services; ID) there is a defect in the invoice; c) there are suspected defects or improprieties of any kind, the existence of which prevent the commencement of the statutory payment period; d} prior to payment, a statutory or contractual provision requires an inspection period or an audit Io determine the resources applied or used by the Contractor in fulfilling the contract terms. e} a proper invoice must be examined by the Federal government prior to payment; I) the Authority is prevented from making payment by reason of the filing of a lien, attachment, other legal process or requirement of law. Any time taken to satisfy or rectify any such facts or conditions shall extend the date by which contract payment must be made in order for the Authority not to become liable for interest payments by an equal period of time. 3. should the Authority fail to notify a Contractor of such facts and conditions within fifteen (15) calendar days of the invoice received date, the number of days allowed for payment of the corrected proper invoice will be reduced by the number of days between the fifteenth day and the day that notification was transmitted to the Contractor. Should the PROC a—MYPA Prarxwpl Payment Statement(rev.08-18)—P ajc 2 Page 24 of 26 Host Site Agreement(Rev3; 11/2019) Page 51 of 131 wfwrYMIK NY Power '°""v Authority Authority, in such situations,fail to provide reasonable grounds for its conlenlion that a fact or condition justifying a time extension exists, the date by which contract payment must be made in order for the Authority not to become liable For interest payment shall be calculated from the invoice received date_ 4. The Authority shall make payment vuithin forty-five (45) calendar days after the invoice receivedi date, Effective July 1, 1989, the Auttiurity skull make payriiaiit within thirty (30) calendar days, excluding legal holidays, after invoice received dates occurring after that date. 5. EKcept for the payments described in Paragraph E, every payment by ihc. Authority to a Contractor pursuant to a Contract is eligible for interest should the Authority fail to make such payment within forty-five (45) days alter the invoice received date for contracts entered into between April 30, 1988 and June 30, 1989 and within thirty (30) days for contracts entered into on or after duly 1, 1989. 6. The Authority shall not be liable for interest on any retention amounts withheld by the Authority in accordance with the terms of the Contract. 7. Interest shall be computed at the rate set by the state tax commission for corporate taxes pursuant to paragraph one of subsection (e) of Section 1090 of the Tax Law, but the Authority shall not be liable for payment of interest when such interest is less than ten dollars. 8. The Authority has available funds in its custody to pay all interest penalties. E. EXCEPTIONS 1. Payments are riot eligible for interest when they are due and owing by the Authority: a) under the Eminent Domain Procedure Law; b) as interest allowed on a judgment by a court pursuant to any provision of law other than section 2880 of the Public Authorities Law; c) to the Federal govvernrnent, to any State agency or its instrumentalities; to any duly constituted unit of local government, including but not limited to counties, cities, towns, villages, school districts, or any of their related instrumentalities to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity: d) in situations where the Authority exercises a legally authorized set-off against all or part of the payment due the Contractor. PROCA3- NYPA Presmp1 Pa rrnenr Sitf1Aflr uil :•!!.; ::tip '8}—Paget Page 25 of 26 Host Site Agreement(Rev3; 11/2019) Page 52 of 131 EXHIBIT E - (4) chargers Annual Compensation to Year Site Host 1 $6,000 2 $6,120 3 $6,242 4 $6,367 5 $6,495 6 $6,624 7 $6,757 8 $6,892 9 $7,030 10 $7,171 11 $7,314 12 $7,460 13 $7,609 14 $7,762 15 $7,917 16 $8,075 17 $8,237 18 $8,401 19 $8,569 20 $8,741 Page 26 of 26 Host Site Agreement(Rev3; 11/2019) Page 53 of 131 7 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: Proposed Local Law - "Reducing Speed Limit on Harrison Drive" Date: March 19, 2025 Attached please find a memo from Town Attorney, William Maker Jr., regarding the proposed local law "Reducing Speed Limit on Harrison Drive." Should the Board consider the law ready for public discussion, it may set a public hearing at the April 2nd Town Board meeting. Action Requested: Resolved that the Town Board hereby sets a public meeting for the proposed local law "Reducing Speed Limit on Harrison Drive" at the April 2, 2025 Town Board meeting. Attachment/s: 2025-3-07-Mx to TB tr Harrison Drive LL Page 54 of 131 47 ,y o Town of Mamaroneck ` ' IP, County of Westchester ��o�ir+pen,ss,: 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: Changing the speed limit on Harrison Date: March 7, 2025 I attach a proposed local law for discussion at the March 19th work session. If the Town Board considers the proposed law ready for public discussion, it may set a public hearing at its April 2nd meeting, Page 55 of 131 Local Law No. -2025 This local law shall be known as the "Reducing Speed Limit on Harrison Drive" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this law is to reduce the speed limit on Harrison Drive from 30 miles per hour to 25 miles per hour for two reasons. First, Harrison Drive is a winding street. It can be dangerous for motor vehicles to travel 30 miles per hour along Harrison Drive. Second, Harrison Drive continues into the Village of Larchmont. The Village has lowered the speed limit on Harrison Drive to twenty-five miles per hour. Reducing the speed limit in the unincorporated area to 25 miles per hour will create continuity and avoid confusion. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-4 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Page 56 of 131 §219-4 Speed limits. The maximum speed at which motor vehicles may proceed on or along any public highways shall be 30 miles per hour, except on or along those public highways or parts of public highways described below: Speed Limit Name of Public Highway (mph) Location Dillon Road 25 Entire length Fernwood Road 15 From 47 Fernwood Road to Weaver Street Forest Avenue 15 From Sheldrake Avenue north to the end of the road Harmon Drive 25 From Weaver Street to the next posted speed limit sign HarrisonDrive 25 Entire length Hillcrest Avenue 10 Along the curve between Judson Street and ending where the road straightens Huguenot Drive 20 From North Chatsworth Avenue to the next posted speed limit Murray Avenue 25 Entire length except in the school zone where it is 20 mph Myrtle Boulevard 25 From North Chatsworth Avenue to Lakeside Drive Old White Plains Road 15 Along the curve north of Bruce Road and ending Where the road straightens Section 3—Sign(s) to be Erected and Paintin to be Done: Where required. appropriate signs shall be erected on and/or above, and/or striping shall be painted on the surface of the streets indicating the speed limit for such street. Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Vehicle&Traffic Chapter/March 7,2025 2 Page 57 of 131 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: Award of Bid- TA-25-01A - Street Sweeping Services Years 2025 & 2026 Date: March 19, 2025 Attached please find a memo from Town Engineer, Rob Wasp, requesting consideration of award of bid TA-25-01A "Steet Sweeping Services Years 2025 & 2026." Action Requested: Resolved that the Town Board hereby awards bid TA-25-01A "Street Sweeping Services Years 2025 & 2026" to Three D Industrial Maintenance Corp. for an amount not to exceed $39,720.00 for street sweeping services in 2025 with the option for the Town to renew the contract in 2026 and hereby authorizes the Town Administrator to execute the agreement and year extension and any related documents necessary to carry out its implementation. Page 58 of 131 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 @townofmamaroneckNY.gov Date: March 19, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-01A - Street Sweeping Services Years 2025 &2026 General: Bid procurement was recently completed for the re-advertised 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 March 6th, 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 "Three D Industrial Maintenance Corp." at the submitted base bid price of $39,720.00 for each calendar year. Three D has successfully performed this contract scope for several terms without issues. The proposal pricing received is within the allocated budget available in operating line DB5110-4235. The Engineering Depailiuent recommends that the submitted bid proposal should be awarded to Three D Industrial Maintenance Corp. based upon the annual bid total of $39,720.00 for services in 2025 with the option for the Town to continue the contract in 2026. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-25-01A Page 59 of 131 Town of Mamaroneck *91. Engineering Department, Town Center do yao 740 W. Boston Post Road, Mamaroneck, NY 10543-3353 z 0 ~Founoeo issi Contract#TA-25-01A Street Sweeping Services Bid Opening Results, March 5th,2025 at 11:00 a.m. E.S.T. FINAL BID RESULTS Three D Industrial Maintenance Corp Bid Item Hawthorne,NY 10532 Bid Bond: Yes Street Sweeping amd Debris Transport Services: Year 2025 $39,720.00 Street Sweeping amd Debris Transport Services: Year 2026 $39,720.00 Total Two Year Contract Amount S79,440.00 Page 60 of 131 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: Revisions to "Shade Structure Policy for Town-Owned Properties." Date: March 19, 2025 Attached for your consideration please find revisions to the Town's "Shade Structure Policy for Town-Owned Properties." Action Requested: Resolved that the Town Board hereby approves revisions to the "Shade Structure Policy for Town-Owned Properties" as presented. Attachment/s: Proposed Revision to Shade Structure Policy for Town-Owned Properties Policy 4 Page 61 of 131 Consideration of-Shade Structure Policy for Town-Owned Properties WHEREAS, shade structures in public spaces provide relief for residents and pets during times of heat,protect the public from high-heat conditions and ultraviolet radiation, and provide a cost effective method to help ensure the health and safety of its citizens, WHEREAS, aesthetically pleasing shade structures provide opportunities for social networking and public gatherings, and are particularly important for individuals that do not have access to air conditioning, WHEREAS, conserving existing forest cover and planting trees and green spaces can moderate temperatures and reduce the heat island effect, WHEREAS, shade structures such as trees, gazebos, and covered outdoor facilities provide such protection, and the adoption of a shade structure policy better positions the Town to build and maintain shade structures and to obtain grants to provide such structures, it was RESOLVED, that the Town of Mamaroneck adopts a shade structure policy for Town-owned properties that requires consideration of shade structures in all public places when making upgrades or for new construction. Exceptions to these locations are where placement of shade structures would interfere with performance of essential municipal operations and planned construction of improvements, and/or under those conditions in which the Town Board deems the structures not to be feasible or appropriate in a particular location. Page 62 of 131 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: Climate Smart Communities 2024 Annual Progress Report Date: March 19, 2025 Attached is the report for 2024 that identifies all the accomplishments related to the Town's Climate Smart efforts. We will be adding in an addendum on grants related to sustainability next week. Action Requested: Resolved the Town Board hereby adopts the Climate Smart Communities 2024 Annual Progress Report as presented. Page 63 of 131 F r' Town of Mamaroneck n 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: March 19, 2025 To: Meredith Robson, Town Administrator From: Subject: Climate Smart Communities 2024 Annual Progress Report Attachment/s: Mamaroneck CSC 2024 Annual Progress Report v4 Page 64 of 131 Climate Smart Communities Annual Progress Report 2024 Town of Mamaroneck , S" t- is.. .g i '„ i - --,,::' -• i t:lit: .,1,1 , '''',aYap - f #•: 7• .. '�!°' �; .'gyp . f rr , r 'r+s4 !I ,mac, i vokiiilj Town of Mamaroneck 74o West Boston Post Road Mamaroneck, NY 10534 Page 65 of 131 Table of Contents Table of Contents 1 Background 2 Climate Smart Communities Program 2 Climate Smart Communities Actions 3 1. Build a Climate-Smart Community 3 2. Inventory Emissions, Set Goals, and Nan for Climate Action 3 3. Decrease Energy Use 3 4. Shift to Clean, Renewable Energy 4 5. Use Climate-Smart Materials Management 5 6. Implement Climate-Smart Land Use 5 7. Enhance Community Resilience to Climate Change 7 8. Support a Green Innovation Economy 7 9. Inform and Inspire the Public 8 io. Engage in an Evolving Process of Climate Action 8 ii. Innovation 8 Conclusion 9 Challenges Encountered 9 Next Steps 9 Annex 1: 2024 Funding Summary Error! Bookmark not defined. 1 Page 66 of 131 Background Climate Smart Communities Program The New York State Climate Smart Communities (CSC)program is an interagency initiative launched in 2009 that encourages local communities to take action on reducing greenhouse gas emissions and adapting to climate change. The CSC program is jointly sponsored by six New York State agencies: the Depaitment of Environmental Conservation (DEC); the New York State Energy Research and Development Authority (NYSERDA); the Department of Public Service; the Department of State; the Department of Transportation; the Department of Health; and the New York Power Authority (NYPA). The DEC acts as the main administrator of the program. The focus of the program is to encourage local governments to commit to acting on climate change by adopting a resolution containing the 10-point CSC Pledge. The certification program, announced in 2014, was the next step in the evolution of the program and provides specific guidance on how to implement the CSC pledge. In order to be designated a Certified Climate Smart Community a municipality must go beyond the CSC pledge by completing and documenting a number of actions that result in climate change mitigation and adaptation at the local level. The CSC program provides a framework for implementing these climate-smart actions and recognizes communities for their accomplishments through a rating system leading to three award levels: bronze, silver, and gold(currently under development). There are numerous benefits for a municipality that implements CSC actions. Certification actions generate cost reductions; result in ecological restoration and climate change adaptation; improve public health and environmental quality; foster energy efficiency and independence; and ultimately improve the sustainability and resiliency of a community. In addition to the advantages of the actions themselves, CSC-certified communities receive better scores on certain State grant applications, State-level recognition for their leadership, and access to a network of other certified communities,resources,training,tools, and expert guidance. CSC status can also be a factor taken under consideration by rating agencies such as Moody's as evidence of Environmental, Social and Governance (ESG) compliance. Mamaroneck was designated as a CSC in 2009 after adopting the CSC pledge. The Town first secured Bronze certification in September 2016 (133 points from 35 actions) and recertified most recently in April 2024 (208 points from 26 actions). It is currently in the process of seeking Silver certification. This report documents the achievements by the Town of Mamaroneck, its municipal staff, its various Boards and Commissions and its residents under each of the major CSC action areas from January to December 2024. This is the Town's first Annual Report. Documenting results for Silver certification was the core action taken by the Town in 2024. 2 Page 67 of 131 Climate Smart Communities Actions During 2024,the Town of Mamaroneck worked to elevate its status under the CSC program, and this Annual Report documents actions that were accomplished or updated during the year. The report describes results achieved as well as implementation status,with reference to new funding where relevant. 1. Build a Climate-Smart Community CSC Task Force and CSC Coordinators. In December of 2024,the Town adopted a resolution affirming the status of the Sustainability Collaborative as the Climate Smart Communities (CSC) Task Force and affirming the Confidential Secretary to the Town Supervisor as CSC Coordinator. National and Regional Climate Programs. In 2024,Mamaroneck reaffirmed its membership in, and actively participated as part of two regional climate programs: NYSERDA's Clean Energy Communities Program and Sustainable Westchester. Partnerships with Other Entities.Mamaroneck has an ongoing partnership with Sustainable Westchester on Community Choice Aggregation (CCA) as well as several community campaigns. The goal of the community campaigns is to reduce energy usage in the Town. These campaigns include the Solarize, Community Solar, EnergySmart Homes and Demand Response GridRewardsTM programs. In 2024,Mamaroneck actively worked on the CCA and EnergySmart Homes initiatives. 2. Inventory Emissions, Set Goals, and Plan for Climate Action Government Operations GHG Inventory. In 2022, the Town published an Inventory of Municipal Operations Greenhouse Gas Emissions (see HERE). The key findings were that between 2013 and 2019, electricity was the largest contributor to municipal emissions, followed by natural gas and diesel and that GHG emissions were reduced by 22.8%. State energy policy was found to be an important contributor to these reductions;New York State added more renewables to the grid between 2013 and 2019 and the carbon intensity dropped from 700 to 553 lbs CO2e/MWh. As a result,the Town's electricity-related impact reduced. To estimate and eliminate this effect, the Town recalculated the 2013 GHG inventory using the 2019 carbon intensity and found that it had reduced emissions by 15.4% through local action. Most of these reductions were found to have come from natural gas upgrades at the ice rink, switching to LED streetlights and fleet diesel savings, followed by switching to natural gas at the Town Center. Since 2022,the Town has been continuing its efforts to reduce GHGs as documented in this report, including efforts to electrify the municipal fleet and provide EV charging infrastructure, and purchasing electric landscaping equipment. At a community level the action with the most GHG reduction impact is the adoption of Community Choice Aggregation (CCA). 3. Decrease Energy Use Government Building Energy Audits. In September 2023, Honeywell conducted an ASHRAE Level 1 energy audit of several government buildings in the Town of Mamaroneck(see HERE). The buildings included the Town Center, the Senior Center,the Highway Department/Garage, 3 Page 68 of 131 the Fire Department Headquarters and the Hommocks Park Ice Rink. In 2024, recommendations from this audit were evaluated and implementation effort began. Energy Benchmarking for Government Buildings. Early in 2024, as part of the New York State Clean Energy Communities (CEC)Program,the Town completed the"Benchmarking" as well as"Advanced Benchmarking"actions. As part of its commitment,the Town produces an Energy Benchmarking Report each year which is posted on the Town website (see HERE) as required under the Town's Benchmarking Law (see HERE). The most recent report for 2024 indicates energy reduction improvements in the Town Center, the Senior Center,the Maxwell Ave Garage and the Fire Station. These improvements reflect the many energy efficiency investments in government operations during the past few years. Each of these investments was designed to substantially reduce both costs and GHGs. Fleet Inventory and Advanced Vehicles. In November 2024,the Town updated its fleet inventory,which records when new vehicles are purchased and old vehicles are retired. For its January 2025 CSC submission, the Town documented the purchase of five light-duty battery- electric vehicles including a Nissan Leaf purchased in 2022 and four Chevrolet Bolts purchased in 2023. The Town is currently evaluating whether to adopt a Green Fleets Policy so as to systematically reduce emissions from municipal vehicles. LED Streetlights.For its January 2025 CSC submission,the Town documented the installation of Cobra Head and Decorative LED Street Lights under NYSERDA's CEC program. Waste and Energy Provisions in Government Contracts. In 2024, the Town incorporated energy efficiency specifications into the bid documents for its landscapers. The contract is likely to be awarded in early 2025. Green Procurement Policy. The Town is currently evaluating whether to include environmentally preferable components in its Procurement Policy. Energy Code Enforcement Training. The Town's Building Inspector is accredited by NYSERDA as an energy code enforcement officer. This also serves as a qualifying New York State Clean Energy Communities (CEC)Program Action. 4. Shift to Clean, Renewable Energy Clean Energy Installation Owned by Municipality. In 2021, in partnership with SunLight General Capital,the Town of Mamaroneck installed solar photo-voltaic panels on the Hommocks Park Ice Rink roof,which is located at 140 Hommocks Road in the Town of Mamaroneck. The solar array is a 485 kW community solar project that provides residents that join with up to 10% savings on their electricity bills. Subscribers are able to monitor their solar array's energy production and track their bills and savings using the online PowerMarket dashboard. PowerMarket's site provides a link describing the project: https://powermarket.io/project/hommocks-park-community-solar.html. The operator of the project is SunLight General Capital, a qualified installer and solar operator in the State of New York. For its January 2025 CSC submission,the Town documented the project,the outreach and educational components, as well as a letter from the Town Supervisor confirming active use in 2024. 4 Page 69 of 131 Electric Landscaping Equipment.For its January 2025 CSC submission,the Town documented electric landscaping equipment purchased for municipal operations during 2024. Community Solar for Municipalities. The Town is in the process of looking into hooking up municipal meters to community solar in 2025. 5. Use Climate-Smart Materials Management Government Solid Waste Audit. In 2024,the Town of Mamaroneck commissioned a Government Solid Waste Audit for the Town Center Building. The audit took place between November 2023 and February 2024 and provided information about the methodology used. Recycling Program for Government Buildings. The Town requires the placement of recycling bins wherever there is a trash bin in order to establish a one-to-one match of garbage bins to recycling bins and has provided recycling containers for all government building common areas and individual work areas. In 2024,the Town continued operating the recycling program. Reuse. The Town encourages residents to donate used furniture items to the Furniture Sharehouse so the items can be used by others at no charge to the donor or recipient. Residents can drop off gently used furniture they no longer want,instead of throwing them out.This ensures the items do not get trucked to a landfill. The Town also participates in Helpsy,a cloth recycling program introduced by the County. Community Repair. Repair programs provide the opportunity for residents to get household items fixed by skilled local volunteers for no charge. These events help the community transition away from today's throwaway economy and reduce the amount of trash. On October 20, 2024 and October 15, 2023,the Town held a Repair Café event at the Town-owned Mamaroneck Senior Center at 1288 W. Boston Post Road (see HERE). The Town has supported each of the Repair Café events in various ways, including providing a location that has access to electricity, and bathroom facilities, and promoting the events on its website and via social media. In addition,the Town provides snacks and pizza for all volunteers, and municipal staff and volunteers from the Mamaroneck Sustainability Collaborative,provide assistance for the events. Residential Organic Waste Management. In 2024,the Town of Mamaroneck continued its community-wide curbside pick-up yard waste program, its yard waste drop off program and its food waste drop-off program. For its January 2025 CSC submission, the details are documented. 6. Implement Climate-Smart Land Use Comprehensive Plan with Sustainability Elements and Smart Growth Principles. During 2024,the Town of Mamaroneck adopted a Comprehensive Plan that addresses sustainability elements and incorporates all ten of the smart growth components into its land-use policies and regulations (see HERE for the Comprehensive Plan and HERE for the Board resolution adopting the Plan). For its January 2025 CSC submission,the Town documented this. Zoning for Affordable Housing: The Town of Mamaroneck has incorporated zoning for affordable housing into its land-use policies and regulations as well as its comprehensive plan. 5 Page 70 of 131 For its January 2025 CSC submission,the Town documented this. Electric Vehicle Charging Stations.For its January 2025 CSC submission,the Town documented the installation of seven electric vehicle charging stations, all of which are currently active. Four are ChargePoint Level 2 charging stations,with two charging ports each,were installed by TRI-CAT Corporation in 2019 and and are available to the public. In addition,three EV chargers are available only to charge Town of Mamaroneck vehicles. Two have 2 charging ports each and were installed by ASAP Electric in the summer of 2023. There is an additional dual head charger at the Maxwell Avenue Recycling Facility Garage for use by the Engineering and Highway Departments. It was purchased in 2018, and originally located at the Town Center, but was moved to the Maxwell facility in 2023 when the new chargers were purchased. Complete Streets and Safe Routes to School(SRTS). The Town adopted a Complete Streets Policy in 2013 (see HERE) and has developed a reporting tool to document improvements that link directly back to the Complete Streets Policy:Appendix A - Complete Streets (updated in 2024). The Appendix A list helps the Town to assess performance with respect to the Complete Streets Policy. The Appendix includes actions recommended in the Local Road Safety Action Plan (2022) (see HERE) as well as the Town's new Speed Hump Policy(see HERE). In 2024, the Town of Mamaroneck adopted a Comprehensive Plan that addresses sustainability elements and smart growth components (see HERE for the Comprehensive Plan and HERE for the Board resolution adopting the Plan). The Safe Connections chapter of the newly adopted Comprehensive Plan focuses on "creating complete streets through enhanced pedestrian and bicycle infrastructure and roadway operation improvements."The Town has an active SRTS committee that meets on a regular basis and provides recommendations on safety improvements to foster walking an biking among Town youth. The Committee is made up of members of the Town government as well as members of the public. Traffic Calming. In accordance with its Local Road Safety Action Plan (2022) (see HERE) and its new Speed Hump Policy(see HERE),the Town is actively implementing traffic calming solutions including plans to install speed humps and a roundabout. Natural Resources Inventory. The Town's Sustainability Collaborative is in the process of assessing the viability of creating a Natural Resources Inventory(NRI), which will be a comprehensive inventory of the Town's natural resources. Develop a Local Forestry or Tree Planting Project or Program. Carbon sequestration through planting trees, especially native species, is an important way to reduce CO2 and protect our natural resources. The Town has had a long history of conservation and was recognized as a Tree City USA Community by the National Arbor Day Foundation 32 years ago, a designation it continues to hold today. As part of its ongoing commitment,the Town Board proclaimed April 26, 2024 as Arbor Day (see HERE), and to commemorate the occasion,the Town planted a red maple in Memorial Park. In 2024,the Town initiated an extensive tree-planting project thanks to a grant in late 2023 of$55,000 from the Virginia A Mcguire Foundation to be used for planting 100 trees along the Town's streets and 10 trees on Town property. In 2023, the Town reviewed and updated its Tree Law. Unified Solar Permit. The Town has begun the process of updating its unified solar permitting law, in an effort to ease requirements of residents who want to install solar on their homes. 6 Page 71 of 131 7. Enhance Community Resilience to Climate Change Climate-Resilient Hazard Mitigation Plan. The effects of climate change, such as extreme weather conditions and sea level rise,result in serious hazards for municipalities. In collaboration with other municipalities in Westchester County,the Town of Mamaroneck participated in a County-run effort to develop Hazard Mitigation Plans (HMP) for the County and local municipalities. The evaluation was completed in late 2021 (see HERE). The Town's HMP is an annex to the County HMP (see HERE). The HMP describes a range of hazard mitigation measures that address climate change and are based on climate science projections. It identifies the Town's specific vulnerabilities, lists previous mitigation actions, and proposes additional mitigation initiatives still possible. In 2025,the County plans to update the HMP and the Town plans to participate in this effort. Shade Structures Policy. In December 2024, the Town adopted a Shade Structures Policy (see HERE),which covers all new construction and development of Town-owned properties, as well as upgrades to existing Town properties. Even prior to adopting the policy,the Town showed its commitment to implementing the policy as evidence by the shade trees that were planted on Town-owned property during the year. Flood Mitigation and Green Infrastructure. Due to extensive flooding following Hurricane Ida, in 2022, the Town adopted a Flood Damage Prevention Law (see HERE) and in 2023,the Town commissioned a Comprehensive Drainage Evaluation Report to prepare a plan-of-action for alleviating and mitigating flooding throughout the Town (see HERE). In 2024, implementation efforts are underway including efforts to implement green infrastructure. All applicable capital projects include as much flood mitigation as possible. Water Conservation. The Town actively encourages residents to conserve water throughout the year. 8. Support a Green Innovation Economy Farmers' Markets: The Larchmont Farmers Market serves residents of the Town of Mamaroneck and attracts residents as well as patrons from neighboring municipalities. In March 2023,the Market was featured in several Westchester Magazine articles including: "The Larchmont Winter Farmer's Market Carries Fantastic Finds" (March 2023), "The Best Winter Farmers' Markets to Visit in Westchester" (January 2024), and"Shop for Fresh Fruits and Veggies at Westchester's Farmers' Markets" (May 2024). Ongoing support provided by the Town includes promoting the market on the Facebook pages, as well as in Town Supervisor e- newsletters and emails to the community. Community Choice Aggregation (CCA). The Town is an active participant in Westchester Power's Community Choice Aggregation CCA program, and has opted for a 100%renewable default supply for residents. The CCA is a municipal energy procurement model that replaces the utility as the default supplier of electricity and ensures that a greater percentage of electricity comes from renewable sources. The Town of Mamaroneck first adopted the CCA in 2015 (see HERE). In June 2024,the Town reconfirmed its commitment to the CCA and adopted the 100% renewables option as part of the New York State Clean Energy Communities (CEC)Program (see HERE). 7 Page 72 of 131 Community Campaigns. The Town of Mamaroneck has completed the Tier 1 requirements for three Community Campaigns (Demand Response GridRewardsTM, Community Solar, and Clean Heating and Cooling) and the Tier 2 requirements for Clean Heating and Cooling -under the New York State Clean Energy Communities (CEC) Program. 9. Inform and Inspire the Public Climate Change Education and Engagement. In 2024,the Town created a Climate Change Education and Engagement Plan,which lays out the Town's strategic vision, approach, process, and plan for sustainability related events. Climate-related Public Events. The Town of Mamaroneck has held many climate-related public events during the past year including a Repair Café (October 2024), a Drive Electric Day (September 2024), an International Coastal Clean Up Day (September 2024), an Arbor Day Celebration (April 2024) an Annual Spring/Earth Day Town Clean Up (April 2024) and a Compost Giveaway Event (April 2024). For its January 2025 CSC submission, the Town documented a Repair Café that took place during 2024. Local Climate Action Website. The Mamaroneck Climate Action Website (see HERE) provides an overview of climate-related activities initiated by the Town of Mamaroneck, its Boards and Commissions and its residents. The site outlines the Town's major initiatives related to building community resilience and climate change mitigation efforts. It also provides external resources related to sustainability, energy efficiency, and other information on how residents can make a difference. The site was updated multiple times in 2024. Social Media: During 2024,Mamaroneck was active on social media providing information and promoting initiatives that inform residents about how they can support a green and sustainable environment. 10. Engage in an Evolving Process of Climate Action Annual Report: In 2024, the Town of Mamaroneck produced its first annual report documenting achievements under each of the major CSC pledge elements during the year. 11. Innovation Landscaping,Healthy Yards and Pollinators. Several years ago the Town initiated a Healthy Yards Project to encourage more sustainable landscaping methods and, in 2024, adopted a summer leaf-blower ban. In collaboration with local volunteers, the Town has launched a campaign to educate the public about the importance of butterflies and bees and to encourage the nurturing insect ecology in the Town. The initiative also promotes the cultivation of vegetable gardens and fruit trees. The Town Supervisor has joined the Mayor's Monarch Pledge initiative and the Town adopted supportive resolutions. 8 Page 73 of 131 Conclusion During 2024,the Town of Mamaroneck actively pursued initiatives to address climate change and put in place key policies that will guide action in future years, so as to build more community resilience. This Annual Report reflects the many hours of time committed by volunteers who are members of the Town's Sustainability Collaborative/Climate Smart Communities Task Force. It also reflects the dedication of the Town Administrator and her staff, and that of the Town Supervisor and Town Board, who have each played important roles in supporting efforts to reach the Town's climate related goals. This report provides a snapshot in time of efforts to date, and the Town is firmly committed to an ongoing process of review, improvement and new actions. Challenges Encountered In 2024,the focus of the Town of Mamaroneck was to document and implement new actions geared at achieving silver CSC certification. The main climate-related challenges encountered continue to relate to extreme weather events. Next Steps Beyond achieving Silver CSC status,the critical next step for the Town is to implement our Comprehensive Plan, especially the sustainability and smart growth components. This work will require substantial community engagement and Town staff involvement. In parallel, the Town will continue to pursue CSC actions that support its goal of reducing GHGs and building community resilience. 9 Page 74 of 131 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: Con Ed Rate Case Date: March 19, 2025 The Village of Rye Brook is coordinating an initiative to secure municipal representation from within Westchester County to intervene in the latest Con Ed Rate Case before the Public Service Commission. The Village of Rye Brook and several other municipalities have successfully used Attorney Dichter in water rate cases, and they requested a proposal from Attorney Dichter for the Con Ed Rate Case (see attached). The not-to-exceed amount is $100,000 for all attorney services and the not-to-exceed amount for each municipality that participates is $5,000. The greater the number of participating municipalities, the lower the cost. There are many municipalities considering joining this consortium. As of the latest count, five have authorized joining, ten are expected to, and eight are considering it within the next week. So far only one community has declined to participate. Given the nature of this proceeding and the significant rate increase requested, I recommend that the Town joins the consortium. Action Requested: Resolved that the Town Board hereby authorizes the Town of Mamaroneck to join the consortium of communities hiring Joel R. Dichter of Dichter Law LLC as special Counsel to represent participating Westchester municipalities in the Con Edison Electric and Gas Rate Case before the Public Service Commission for a rate not to exceed $5000, and further authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Resolution - PSC Con Ed Special Counsel 3.14.2025 Page 75 of 131 RESOLUTION A RESOLUTION AUTHORIZING THE HIRING OF JOEL R. DICHTER OF DICHTER LAW LLC AS SPECIAL COUNSEL TO REPRESENT PARTICIPATING WESTCHESTER MUNICIPALITIES IN CON EDISON'S ELECTRIC AND GAS RATE CASE BEFORE THE PUBLIC SERVICE COMMISSION WHEREAS, on January 31, 2025, Con Edison filed a petition with the New York Public Service Commission to increase electric and gas rates as of January 1, 2026; and WHEREAS,under this petition, electric rates would rise by 18%with residential delivery charges increasing by 25.1%, and natural gas delivery rates rising by 19.1%; and WHEREAS,this Con Edison rate hike proposal comes after an increase of 20% in rates over the past three (3)years and any further significant increases would have negative financial impacts on residents and businesses within Westchester County; and WHEREAS,the Public Service Commission is currently reviewing Con Edison's petition for an electric and gas rate increase; and WHEREAS,it is in the best interest of the Town of Mamaroneck be represented in this matter to ensure the concerns of local governments and its residents are adequately addressed; and WHEREAS,Joel R. Dichter of Dichter Law LLC has the necessary experience and expertise to represent the interests of the participating municipalities in this case and has submitted a proposal dated February 13, 2025 to represent participating municipalities; and WHEREAS,the proposal includes intervening in the rate case, conducting discovery, retaining expert witnesses,preparing briefs, and attending all hearings and any settlement negotiations at a total cost that shall not exceed One Hundred Thousand Dollars ($100,000)which would be split equally among all of the participating municipalities that accept to his representation in this rate case; and WHEREAS, such representation will only proceed if at least twenty (20) municipalities agree to be represented by Joel R. Dichter of Dichter Law LLC; NOW,THEREFORE BE IT RESOLVED by the Town Board of the Town of Mamaroneck, as follows: 1. The Town of Mamaroneck hereby authorizes the hiring of Joel R. Dichter of Dichter Law LLC as special counsel to represent participating Westchester municipalities in Con Edison's Electric and Gas Rate Case before the Public Service Commission; and Page 76 of 131 2. The Municipality's share of the legal fees shall be determined based on an equal division among all participating municipalities, with the total amount of such representation not to exceed$100,000 (example: ($100,000 /20 municipalities = $5,000 each); and 3. This authorization shall only take effect if at least twenty (20) municipalities agree to be represented by Joel R. Dichter of Dichter Law LLC in this matter. 4. The Town Administrator is hereby authorized to take all necessary actions to execute agreements and related documents and make payments in furtherance of this resolution. 5. This resolution shall take effect immediately. AND BE IT FURTHER RESOLVED,that the Town of Mamaroneck shall coordinate the payment to Joel R. Dichter of Dichter Law LLC on behalf of the participating municipalities for representation in this Con Edison electric and gas rate case. Adopted this of , 2025, by the Town Board of the Town of Mamaroneck, NY. Page 77 of 131 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: Southeast Consortium Agreement Date: March 19, 2025 Attached is the municipal renewal agreement between the Town and the Southeast Consortium. The Consortium is a group of eleven communities in Westchester that have joined together to provide special recreation programs and opportunities for residents with intellectual and/or developmental disabilities. The Town of Mamaroneck was one of the original founding members of the Consortium in 1981. Since then they have provided specialized programming for eligible residents of the Town that would otherwise be difficult for the Town government to provide through its traditional recreation programming. The Town's contribution to the Consortium is $27,352.92, an increase of 2.5%from last year. Action Requested: Resolved that the Town Board hereby renews the 2025 municipal agreement with the Southeast Consortium for a budget not to exceed $27,352.92 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Southeast Consortium 2025 Agreement Page 78 of 131 South East 740 WEST BOSTON POST ROAD,SUITE 318►MAMARONECK, NEW YORK •10543-3357 TEL:(914)698-5232 FAX:(914)698-7125 Consortium www.secrec.org February 25,2025 Ms.Jill Fisher,Superintendent Department of Recreation Town of Mamaroneck 740 W.Boston Post Road Mamaroneck,NY 10543 STATEMENT FOR SERVICES AS FOLLOWS: 2025 Municipal Agreement between the South East Consortium for Special Services, Inc. (SEC) and the Town of Mamaroneck. Please remit at your earliest convenience. Please note this amount reflects a 2.5%increase from 2024. AMOUNT DUE FOR 2025: $27,352.92 Please sign both enclosed agreements and return one with your remittance. Thank you. J nifer Spenner-Kind __ Executive Director Proudly Serving Town and Village of Mamaroneck•Town of Pelham•Village of Rye Brook•Village of Port Chester•Village of Larchmont•City of Rye Town and Village of Scarsdale•Town of Paste rester*Village of Branxville•Village of Tuckr,hoe•Town and Village of Hard Page 79 of 131 SouthEast 740 WEST BOSTON POST ROAD,SUITE 318•MAMARONECK, NEW YORK+10543-3357 l TEL:(914)698-5232 FAX:(914)698-7125 Consortium www.secrec.org (IL South East Consortium for Special Services, Inc. (SEC) ' Inter-Agency Agreement for 2025—Town of Mamaroneck This agreement made by and between the SEC,a not-for-profit corporation of the state of New York; City of Rye,a municipal corporation of the state of New York;Town of Harrison/Village of Harrison,a municipal corporation of the state of New York;Town of Mamaroneck,a municipal corporation of the state of New York;Town of Pelham,a municipal corporation of the state of New York;Town of Eastchester,a municipal corporation of the state of New York;Village of Rye Brook,a municipal corporation of the state of New York;Village of Scarsdale,a municipal corporation of the state of New York;Village of Port Chester,a municipal corporation of the state of New York;and the Village of Mamaroneck, a municipal corporation of the state of New York shall enable said component municipalities the opportunity to provide collective programs of special recreation services and respite opportunities for residents with Intellectual and/or Developmental Disabilities(I/DD)through participation in SEC as appropriate and available. Now,therefore,the parties hereto agree as follows: FIRST: The parties shall jointly operate a special recreation program for residents with Intellectual and/or Developmental Disabilities(I/DD)residing or domiciled within the corporate limits of their respective municipalities to the best of its capabilities and available resources. SECOND: The program shall be funded through each municipality in accordance with a schedule attachment hereto and main part hereto establishing respective shares which shall be in addition to any third-party sources of funding.Said local share shall be paid to SEC at the municipalities'earliest convenience in the current calendar year unless otherwise mutually agreed upon. THIRD: The substantive program policy shall be the joint responsibility of all the parties,but shall be carried out administratively by the SEC in the same manner as any other program(s)for which said council would otherwise individually be responsible.Administrative services include,but not limited to accounting,payroll,legal,personal,insurance and risk management.In addition,the SEC on the behalf of the program, may apply and receive grants and other third party sources of revenue and may further enter into agreements on behalf of the program which other governmental agencies and not- for-profit organizations providing partial or full support of any program or activity to be provided hereunder. FOURTH: The Board of Directors,consisting,in part,of a designee from each component municipality shall have policy-making power for the program,and which shall further have the power to adopt rules, regulations,and procedures for the governing of the program affairs in a manner consistent herewith. FIFTH: The SEC shall procure and maintain liability insurance at its own cost and expense relating to all activities sponsored by and performed by the program which insurance shall protect the interest of the parties hereto as named insured's. Said insurance limit and amounts will be determined by resolution by the Board of Directors. SIXTH: The Chief Fiscal Officer of the SEC shall be the Treasurer. Proudly Serving Town and Village of Mamaroneck•Town of Pelham•Village of Rye Brook•Village of Port Chester•Village of Larchmont•City of Rye Town and Village of Scarsdale•Town of Eastchester•Village of Bronxville+Village of Tuckahoe•Town and Village of Harrison Page 80 of 131 SEVENTH: Programs shall be held through the component municipalities,utilizing existing and available municipal/community/commercial facilities and resources. EIGHTH: The SEC shall provide special recreation programs and respite opportunities for component municipalities and will accommodate participants from outside the consortium area in accordance with agency guidelines currently enforced and in place. NINTH: The agreement shall be in effective for the calendar year 2025 and upon further agreement of the parties,may be amended and/or extended from year to year thereafter. TENTH: The SEC shall deliver to each component municipality a current Certificate of Insurance verifying the existence of such insurance and naming said component municipality as Additional Insured. The SEC shall hold harmless, indemnify,and defend the Town of Mamaroneck,its employees,officials, and agents from any and all claims,suits and actions arising out of the activities of the special recreation and respite programs provided by the SEC.The SEC shall provide the Town of Mamaroneck a copy of the Certificate of Insurance naming the Town of Mamaroneck as an Additional Insured. In witness where of the parties here to have executed this agreement as the day in the year above written. South East Consortium for Special Services,Inc. By: Date: C> 405)0e61.6"— Jenn(ffitSpenner-Kind, Executive Director Town of Mamaroneck By: — — Print name and title. Date: Signature Page 81 of 131 Tr d' N d' N N N CO0.5 CO I0 O .:I. O CO d' N — N N CC) re; 4 d' CO CO 14 69 E9 E9 E9 El, E9 E9 Eli E9 w a M Cq co co '� co N CA co N N �O�.1 b Et" N O CO N "" CO Cp CO N N N r-i w1 d' O O CO CO Cn N CO CO 1 g -; o N N - ' N CO H co d O N l-, 4 co coCC co CO 00) y E .-. N r-. CO ---I "'I N — to ID d d b gIn co 0 co 63 d w r" Cn CV co co N N Co N 0) 4 a 1 co U)• [. O Ncf, N 0) O) CO O 144 0 .4 NCO N CO N — d' CD CO Ni A d tad �+ do "d •d 1.1• "'1 O to • N • C9 • d0 0 '. CO N CO CO Cl) I'm N CO O6 4CD (v d 00)) CO •dN N ' CD CO CO ram-. C00 0 • .w N N N -I-I .Ni Co' .-1 CO co ,� EN9 69 69 E9 E9 E9 E9 E9 Ge d V t�d NN 1M d ii I a, 111 fitW W WI.to Cd r. ftl Ai 0 0 .r 0O U2 Page 82 of 131 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 "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" Date: March 19, 2025 Attached please find a memo from Town Attorney, William Maker Jr., with revisions to the proposed local law "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles." If the Town Board considers the proposed law ready for public discussion, it may set a public hearing. Action Requested: Resolved that the Town Board hereby sets a public hearing for the proposed local law "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" for the April 2,2025 Town Board meeting. Attachment/s: 2025-3-07-mx to TB and 2d revised LL Parking in EV Spaces Revision Page 83 of 131 F 447 a �� 0 Town of Mamaroneck z County of Westchester °7.FOUNQEDl6Sl 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: Prohibition on parking gas-powered vehicles at parking spaces designated for electric vehicles Date: March 7, 2025 I revised the proposed local law to add the adverb "exclusively" to the phrase "powered by gasoline or diesel fuel" so that the parking of hybrid motor vehicles at EV charging stations would not fall within the prohibition created by the law. The revised law is attached. If the Town Board considers the proposed law ready for public discussion, it may set a public hearing, Page 84 of 131 Local Law No. -2025 This local law shall be known as the "Prohibition against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Pui ?ose: The Town Board finds that parking gas-powered motor vehicles at parking spaces with charging stations designed to recharge electric vehicles defeats the purpose for such parking spaces. Therefore, the Town Board hereby outlaws the parking of gas-powered motor vehicles at parking spaces designated for the parking electric vehicles. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-40 of the Code of the Town of Mamaroneck hereby is amended by a new paragraph E thereto. §219-40 Parking for electric vehicles only. E. No person shall park a motor vehicle powered exclusively by gasoline or diesel fuel at a parking space designated by the Town Administrator for the parking of electric powered vehicles. Section 3-Amendment of a current section of the Mamaroneck Code: Section 219-88 A. of the Code of the Town of Mamaroneck hereby is amended by adding the following entry thereto: §219-88 Penalties for offenses. A. Fines for violating the sections of this chapter listed below are: Infraction Fine Code Parking gas-or diesel-powered motor vehicle at parking space for electric vehicles $50 §219-40 Page 85 of 131 Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. V&T Chapter/Electric Vehicles/March 7,2025 2 Page 86 of 131 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 3-19-25 Date: March 19, 2025 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 87 of 131 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: March 19, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims 3-19-25 General: Attached is the list of fire claims for approval. Attachment/s: FIRE CLAIMS-3-19-25 Page 88 of 131 TOWN OF MAMARONECK FROM: TRACY YOGMAN-TOWN COMPTROLLER RE: Fire Claims Date March 19, 2025 The following Town of Mamaroneck Fire Depaitiuent claims have been certified by Chief Alex Rapp and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION AMOUNT Phone holder for 2233,water coolers to replace Redi Refresh, Amazon.Com Honeywell thermostat, $ 751.41 Con Edison Fire HQ gas svc 1/29-2/28/25 $ 2,474.38 K.R.B. Supply Inc. Cable and wire clips $ 10.45 Optimum Cable service 2/23-3/22/25 $ 298.58 O.S.P.Fire Protection Service on hood Asul System $ 349.50 Partners In Safety,Inc. Physical-Kevin 8/26/24 $ 48.00 SG Fire Protection LLC Kitchen hood cleaning(2) $ 475.00 Verizon Fire HQ service-Redundant circuit 2/25/25 $ 289.99 VFIS LOSAP Admin services GASB 1/1/25-2/27/25 $ 800.00 Village Pizza&Pasta Fast Drill meal 2/26/25 $ 67.35 Village Pizza&Pasta Monthly Explorer new member drill meal 3/5/25 $ 179.60 WJWW 6" Metered Fire service 1/26-2/25/25 $ 37.00 WJWW 205 Weaver St Charges 1/27-2/25/25 $ 181.75 Total S 5,963.01 Page 89 of 131 0 ul rrl 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: Award of Bid- TA-25-03 - LMC Office Renovation Date: March 19, 2025 Please see attached memos from Rob Wasp, as well as the architect for the project. This work is completely funded by a $500,000 DASNY grant administered by the Town on behalf of LMC. Action Requested: Resolved the Town Board hereby awards bid TA-25-03 "LMC Office Renovation" to Peter Camilli & Sons for the amount of $395,000 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 90 of 131 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: March 19, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-03 - LMC Office Renovation General: Bid procurement was recently completed for the LMC Office Renovation project. The project scope includes interior renovations and supporting mechanical improvements for the third-floor office suite occupied by LMC Media in the Town Center building. Work includes reconfiguration of some interior walls and renovation within the suite; and upgrades to the HVAC, electrical circuits and fire sprinkler system serving the space. Funding for the project is provided through a $500,000 DASNY grant issued to the Town as the building owner and sponsor. On February 20, 2025, two (2) bid proposals were received as summarized on the attached bid tabulation table and recommendations memorandum prepared by Town architectural consultant KG+D Architects, P.C. The lowest responsive bid proposal was received from Peter Camilli & Sons in the amount of$395,000.00. Peter Camilli & Sons has a positive history working with the Town of Mamaroneck on completion of the 2024 Town Center Renovations and the prior 1st floor restroom renovations. Funding for the LMC Office Renovation project was budgeted as part of capital project H1690. Additional contingency for moving costs and temporary facilities during construction have been considered in conjunction with the capital project. The available budget in H1690 is sufficient to fully fund the recommended contract award. The Engineering Department supports our consultant's recommendation to authorize contract award to Peter Camilli & Sons based upon their submitted bid amount of$395,000.00. Please feel free to contact me with any questions. Attachment/s: KG+D LMC Bid Tabulation 2025-02-26 Page 91 of 131 LMC Office Renovation - Bid Award Recommendation - 2025-03-05 Page 92 of 131 O O O O O L.0• L.0 '� co 0) EA EA U 0 Ma w N m N O O o c c U wnpuapp`d - C) O J puo8 pi8 x x .4( 0 V c +L+ C a) 0 U U c 0 _C 0 U a) Cors O _ N cca (NIg co- � 0 (6 U a"2 Q = 0 o a) 9 a) N i a. a. Page 93 of 131 L E 0 Ma w N m N .1'71 O O o c w o cU wnpuapp`d -7 CD 0 J puo8 pi8 o_ O 0 V LE) +L+ C � a) 0 U 0 c 0 I- U a) C � O N CO E N co 2 N 2 Q 2 © O a) Page 94 of 131 March 5, 2025 Town Center 740 W Boston Post Rd Mamaroneck, NY 10543 KG D Attn: Rob Wasp, Town Engineer Re: LMC Office Renovation listen imagine build Bid Award Recommendation Greetings: We are writing to provide our recommendations for award of bids for the above referenced project. Bids for this project were opened on February 26, 2025. We received two bids for the project for General Construction. KG+D Architects met with low bidder via conference call on March 4, 2025. We reviewed the scope of the project and the contractor's bid proposal. Based upon this meeting and the Town's experience with the low bidder, at this time we see no reason not to award the Contract for the amount as summarized below. General Construction—Peter A. Camilli & Sons Construction Ltd. $395,000 We will be available to discuss our recommendations prior to the next Board meeting. Sincerely: KG+D ARCHITECTS, PC f0A,tac, LO • k Sarah W. Dirsa, AIA, LEED AP, SEED, NOMA Principal Encl. KG+D Architects,PC 285 Main Street,Mount Kisco,New York 10549 914.666.5900 kgdarchitects.com Page 95 of 131 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: Award of Bid- TA-25-01A - Street Sweeping Services Years 2025 & 2026 Date: March 19, 2025 Attached please find a memo from Town Engineer, Rob Wasp, requesting consideration of award of bid TA-25-01A "Steet Sweeping Services Years 2025 & 2026." Action Requested: Resolved that the Town Board hereby awards bid TA-25-01A "Street Sweeping Services Years 2025 & 2026" to Three D Industrial Maintenance Corp. for an amount not to exceed $39,720.00 for street sweeping services in 2025 with the option for the Town to renew the contract in 2026 and hereby authorizes the Town Administrator to execute the agreement and year extension and any related documents necessary to carry out its implementation. Page 96 of 131 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 @townofmamaroneckNY.gov Date: March 19, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-01A - Street Sweeping Services Years 2025 &2026 General: Bid procurement was recently completed for the re-advertised 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 March 6th, 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 "Three D Industrial Maintenance Corp." at the submitted base bid price of $39,720.00 for each calendar year. Three D has successfully performed this contract scope for several terms without issues. The proposal pricing received is within the allocated budget available in operating line DB5110-4235. The Engineering Depailiuent recommends that the submitted bid proposal should be awarded to Three D Industrial Maintenance Corp. based upon the annual bid total of $39,720.00 for services in 2025 with the option for the Town to continue the contract in 2026. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-25-01A Page 97 of 131 Town of Mamaroneck *91. Engineering Department, Town Center do yao 740 W. Boston Post Road, Mamaroneck, NY 10543-3353 z 0 ~Founoeo issi Contract#TA-25-01A Street Sweeping Services Bid Opening Results, March 5th,2025 at 11:00 a.m. E.S.T. FINAL BID RESULTS Three D Industrial Maintenance Corp Bid Item Hawthorne,NY 10532 Bid Bond: Yes Street Sweeping amd Debris Transport Services: Year 2025 $39,720.00 Street Sweeping amd Debris Transport Services: Year 2026 $39,720.00 Total Two Year Contract Amount S79,440.00 Page 98 of 131 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: Revisions to "Shade Structure Policy for Town-Owned Properties." Date: March 19, 2025 Attached for your consideration please find revisions to the Town's "Shade Structure Policy for Town-Owned Properties." Action Requested: Resolved that the Town Board hereby approves revisions to the "Shade Structure Policy for Town-Owned Properties" as presented. Attachment/s: Proposed Revision to Shade Structure Policy for Town-Owned Properties Policy 4 Page 99 of 131 Consideration of-Shade Structure Policy for Town-Owned Properties WHEREAS, shade structures in public spaces provide relief for residents and pets during times of heat,protect the public from high-heat conditions and ultraviolet radiation, and provide a cost effective method to help ensure the health and safety of its citizens, WHEREAS, aesthetically pleasing shade structures provide opportunities for social networking and public gatherings, and are particularly important for individuals that do not have access to air conditioning, WHEREAS, conserving existing forest cover and planting trees and green spaces can moderate temperatures and reduce the heat island effect, WHEREAS, shade structures such as trees, gazebos, and covered outdoor facilities provide such protection, and the adoption of a shade structure policy better positions the Town to build and maintain shade structures and to obtain grants to provide such structures, it was RESOLVED, that the Town of Mamaroneck adopts a shade structure policy for Town-owned properties that requires consideration of shade structures in all public places when making upgrades or for new construction. Exceptions to these locations are where placement of shade structures would interfere with performance of essential municipal operations and planned construction of improvements, and/or under those conditions in which the Town Board deems the structures not to be feasible or appropriate in a particular location. Page 100 of 131 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: Southeast Consortium Agreement Date: March 19, 2025 Attached is the municipal renewal agreement between the Town and the Southeast Consortium. The Consortium is a group of eleven communities in Westchester that have joined together to provide special recreation programs and opportunities for residents with intellectual and/or developmental disabilities. The Town of Mamaroneck was one of the original founding members of the Consortium in 1981. Since then they have provided specialized programming for eligible residents of the Town that would otherwise be difficult for the Town government to provide through its traditional recreation programming. The Town's contribution to the Consortium is $27,352.92, an increase of 2.5%from last year. Action Requested: Resolved that the Town Board hereby renews the 2025 municipal agreement with the Southeast Consortium for a budget not to exceed $27,352.92 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Southeast Consortium 2025 Agreement Page 101 of 131 South East 740 WEST BOSTON POST ROAD,SUITE 318►MAMARONECK, NEW YORK •10543-3357 TEL:(914)698-5232 FAX:(914)698-7125 Consortium www.secrec.org February 25,2025 Ms.Jill Fisher,Superintendent Department of Recreation Town of Mamaroneck 740 W.Boston Post Road Mamaroneck,NY 10543 STATEMENT FOR SERVICES AS FOLLOWS: 2025 Municipal Agreement between the South East Consortium for Special Services, Inc. (SEC) and the Town of Mamaroneck. Please remit at your earliest convenience. Please note this amount reflects a 2.5%increase from 2024. AMOUNT DUE FOR 2025: $27,352.92 Please sign both enclosed agreements and return one with your remittance. Thank you. J nifer Spenner-Kind __ Executive Director Proudly Serving Town and Village of Mamaroneck•Town of Pe#ham•Village of Rye Brook•Village of Port Chester•Village of Larchmont•City of Rye Town and Village of Scarsdale•Town of Eastchester•Village of Prnnxville•Village of Tuckahoe•Town and Village of Page 102 of 131 SouthEast 740 WEST BOSTON POST ROAD,SUITE 318•MAMARONECK, NEW YORK+10543-3357 l TEL:(914)698-5232 FAX:(914)698-7125 Consortium www.secrec.org (IL South East Consortium for Special Services, Inc. (SEC) ' Inter-Agency Agreement for 2025—Town of Mamaroneck This agreement made by and between the SEC,a not-for-profit corporation of the state of New York; City of Rye,a municipal corporation of the state of New York;Town of Harrison/Village of Harrison,a municipal corporation of the state of New York;Town of Mamaroneck,a municipal corporation of the state of New York;Town of Pelham,a municipal corporation of the state of New York;Town of Eastchester,a municipal corporation of the state of New York;Village of Rye Brook,a municipal corporation of the state of New York;Village of Scarsdale,a municipal corporation of the state of New York;Village of Port Chester,a municipal corporation of the state of New York;and the Village of Mamaroneck, a municipal corporation of the state of New York shall enable said component municipalities the opportunity to provide collective programs of special recreation services and respite opportunities for residents with Intellectual and/or Developmental Disabilities(I/DD)through participation in SEC as appropriate and available. Now,therefore,the parties hereto agree as follows: FIRST: The parties shall jointly operate a special recreation program for residents with Intellectual and/or Developmental Disabilities(I/DD)residing or domiciled within the corporate limits of their respective municipalities to the best of its capabilities and available resources. SECOND: The program shall be funded through each municipality in accordance with a schedule attachment hereto and main part hereto establishing respective shares which shall be in addition to any third-party sources of funding.Said local share shall be paid to SEC at the municipalities'earliest convenience in the current calendar year unless otherwise mutually agreed upon. THIRD: The substantive program policy shall be the joint responsibility of all the parties,but shall be carried out administratively by the SEC in the same manner as any other program(s)for which said council would otherwise individually be responsible.Administrative services include,but not limited to accounting,payroll,legal,personal,insurance and risk management.In addition,the SEC on the behalf of the program, may apply and receive grants and other third party sources of revenue and may further enter into agreements on behalf of the program which other governmental agencies and not- for-profit organizations providing partial or full support of any program or activity to be provided hereunder. FOURTH: The Board of Directors,consisting,in part,of a designee from each component municipality shall have policy-making power for the program,and which shall further have the power to adopt rules, regulations,and procedures for the governing of the program affairs in a manner consistent herewith. FIFTH: The SEC shall procure and maintain liability insurance at its own cost and expense relating to all activities sponsored by and performed by the program which insurance shall protect the interest of the parties hereto as named insured's. Said insurance limit and amounts will be determined by resolution by the Board of Directors. SIXTH: The Chief Fiscal Officer of the SEC shall be the Treasurer. Proudly Serving Town and Village of Mamaroneck•Town of Pelham•Village of Rye Brook•Village of Port Chester•Village of Larchmont•City of Rye Town and Village of Scarsdale•Town of Eastchester•Village of Bronxville+Village of Tuckahoe•Town and Village of Harrison Page 103 of 131 SEVENTH: Programs shall be held through the component municipalities,utilizing existing and available municipal/community/commercial facilities and resources. EIGHTH: The SEC shall provide special recreation programs and respite opportunities for component municipalities and will accommodate participants from outside the consortium area in accordance with agency guidelines currently enforced and in place. NINTH: The agreement shall be in effective for the calendar year 2025 and upon further agreement of the parties,may be amended and/or extended from year to year thereafter. TENTH: The SEC shall deliver to each component municipality a current Certificate of Insurance verifying the existence of such insurance and naming said component municipality as Additional Insured. The SEC shall hold harmless, indemnify,and defend the Town of Mamaroneck,its employees,officials, and agents from any and all claims,suits and actions arising out of the activities of the special recreation and respite programs provided by the SEC.The SEC shall provide the Town of Mamaroneck a copy of the Certificate of Insurance naming the Town of Mamaroneck as an Additional Insured. In witness where of the parties here to have executed this agreement as the day in the year above written. South East Consortium for Special Services,Inc. By: Date: C> 405)0e61.6"— Jenn(ffitSpenner-Kind, Executive Director Town of Mamaroneck By: — — Print name and title. Date: Signature Page 104 of 131 Tr d' CO N et' N N 0.5 N CO CO CO O 'Cl. O CO d' No-1 N N CC) re; d' d' CO CO 14 E9 09 ER 69 EA 69 69 Eli 69 w a M Cq co co O CON co co N N MO fa N O ""CO N CO N CO Cp N N r-i W 4O O CO CO Cn N CO CO 1 g -; N N N CO H co d O N l-, d' co coCC co CO 00) VIE .-. N r-. CO '--I • "'I N — to ID 0 b d gIn co 0 co CO d w r" Cn CV co co N N Co N 0) 4 a 1 co U)• [. O N N 0) O) CO O 144 0 —' NCO N CO N — d' CD CO M A d tad �+ do "d •d 1.1• "'1 O to • N • (9 03 ONN• .4. CO CO CO COC C) . O6 4CD (v d 0N) CO er CND CO CO co CO0 0 • .w N N N -I .Ni Co' -I CO co N 69 69 009 09 69. 09 0) 09 09 ✓ d' t�d NN 1M d ii I a, 111 )4 W W W44 rUt r. ftl 0 0 .r01Ow 11 .0 t 1:311U C 00 0 4 41 ill 131 VI an Page 105 of 131 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 "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" Date: March 19, 2025 Attached please find a memo from Town Attorney, William Maker Jr., with revisions to the proposed local law "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles." If the Town Board considers the proposed law ready for public discussion, it may set a public hearing. Action Requested: Resolved that the Town Board hereby sets a public hearing for the proposed local law "Prohibition Against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" for the April 2,2025 Town Board meeting. Attachment/s: 2025-3-07-mx to TB and 2d revised LL Parking in EV Spaces Revision Page 106 of 131 F 447 a �� 0 Town of Mamaroneck z County of Westchester °7.FOUNQEDl6Sl 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: Prohibition on parking gas-powered vehicles at parking spaces designated for electric vehicles Date: March 7, 2025 I revised the proposed local law to add the adverb "exclusively" to the phrase "powered by gasoline or diesel fuel" so that the parking of hybrid motor vehicles at EV charging stations would not fall within the prohibition created by the law. The revised law is attached. If the Town Board considers the proposed law ready for public discussion, it may set a public hearing, Page 107 of 131 Local Law No. -2025 This local law shall be known as the "Prohibition against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Pui ?ose: The Town Board finds that parking gas-powered motor vehicles at parking spaces with charging stations designed to recharge electric vehicles defeats the purpose for such parking spaces. Therefore, the Town Board hereby outlaws the parking of gas-powered motor vehicles at parking spaces designated for the parking electric vehicles. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-40 of the Code of the Town of Mamaroneck hereby is amended by a new paragraph E thereto. §219-40 Parking for electric vehicles only. E. No person shall park a motor vehicle powered exclusively by gasoline or diesel fuel at a parking space designated by the Town Administrator for the parking of electric powered vehicles. Section 3-Amendment of a current section of the Mamaroneck Code: Section 219-88 A. of the Code of the Town of Mamaroneck hereby is amended by adding the following entry thereto: §219-88 Penalties for offenses. A. Fines for violating the sections of this chapter listed below are: Infraction Fine Code Parking gas-or diesel-powered motor vehicle at parking space for electric vehicles $50 §219-40 Page 108 of 131 Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. V&T Chapter/Electric Vehicles/March 7,2025 2 Page 109 of 131 7 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: Proposed Local Law - "Reducing Speed Limit on Harrison Drive" Date: March 19, 2025 Attached please find a memo from Town Attorney, William Maker Jr., regarding the proposed local law "Reducing Speed Limit on Harrison Drive." Should the Board consider the law ready for public discussion, it may set a public hearing at the April 2nd Town Board meeting. Action Requested: Resolved that the Town Board hereby sets a public meeting for the proposed local law "Reducing Speed Limit on Harrison Drive" at the April 2, 2025 Town Board meeting. Attachment/s: 2025-3-07-Mx to TB tr Harrison Drive LL Page 110 of 131 47 ,y o Town of Mamaroneck ` ' IP, County of Westchester ��o�ir+pen,ss,: 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: Changing the speed limit on Harrison Date: March 7, 2025 I attach a proposed local law for discussion at the March 19th work session. If the Town Board considers the proposed law ready for public discussion, it may set a public hearing at its April 2nd meeting, Page 111 of 131 Local Law No. -2025 This local law shall be known as the "Reducing Speed Limit on Harrison Drive" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this law is to reduce the speed limit on Harrison Drive from 30 miles per hour to 25 miles per hour for two reasons. First, Harrison Drive is a winding street. It can be dangerous for motor vehicles to travel 30 miles per hour along Harrison Drive. Second, Harrison Drive continues into the Village of Larchmont. The Village has lowered the speed limit on Harrison Drive to twenty-five miles per hour. Reducing the speed limit in the unincorporated area to 25 miles per hour will create continuity and avoid confusion. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-4 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Page 112 of 131 §219-4 Speed limits. The maximum speed at which motor vehicles may proceed on or along any public highways shall be 30 miles per hour, except on or along those public highways or parts of public highways described below: Speed Limit Name of Public Highway (mph) Location Dillon Road 25 Entire length Fernwood Road 15 From 47 Fernwood Road to Weaver Street Forest Avenue 15 From Sheldrake Avenue north to the end of the road Harmon Drive 25 From Weaver Street to the next posted speed limit sign HarrisonDrive 25 Entire length Hillcrest Avenue 10 Along the curve between Judson Street and ending where the road straightens Huguenot Drive 20 From North Chatsworth Avenue to the next posted speed limit Murray Avenue 25 Entire length except in the school zone where it is 20 mph Myrtle Boulevard 25 From North Chatsworth Avenue to Lakeside Drive Old White Plains Road 15 Along the curve north of Bruce Road and ending Where the road straightens Section 3—Sign(s) to be Erected and Paintin to be Done: Where required. appropriate signs shall be erected on and/or above, and/or striping shall be painted on the surface of the streets indicating the speed limit for such street. Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Vehicle&Traffic Chapter/March 7,2025 2 Page 113 of 131 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: Climate Smart Communities 2024 Annual Progress Report Date: March 19, 2025 Attached is the report for 2024 that identifies all the accomplishments related to the Town's Climate Smart efforts. We will be adding in an addendum on grants related to sustainability next week. Action Requested: Resolved the Town Board hereby adopts the Climate Smart Communities 2024 Annual Progress Report as presented. Page 114 of 131 t r' Town of Mamaroneck n 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: March 19, 2025 To: Meredith Robson, Town Administrator From: Subject: Climate Smart Communities 2024 Annual Progress Report Attachment/s: Mamaroneck CSC 2024 Annual Progress Report v4 Page 115 of 131 Climate Smart Communities Annual Progress Report 2024 Town of Mamaroneck , S" t- is.. .g i '„ i - --,,::' -• i t:lit: .,1,1 , ,r� Yap - f #•: 7• .. '�!°' �; .'gyp . f rr , r 'r+s4 !I ,mac, i vokiiilj Town of Mamaroneck 74o West Boston Post Road Mamaroneck, NY 10534 Page 116 of 131 Table of Contents Table of Contents 1 Background 2 Climate Smart Communities Program 2 Climate Smart Communities Actions 3 1. Build a Climate-Smart Community 3 2. Inventory Emissions, Set Goals, and Nan for Climate Action 3 3. Decrease Energy Use 3 4. Shift to Clean, Renewable Energy 4 5. Use Climate-Smart Materials Management 5 6. Implement Climate-Smart Land Use 5 7. Enhance Community Resilience to Climate Change 7 8. Support a Green Innovation Economy 7 9. Inform and Inspire the Public 8 io. Engage in an Evolving Process of Climate Action 8 ii. Innovation 8 Conclusion 9 Challenges Encountered 9 Next Steps 9 Annex 1: 2024 Funding Summary Error! Bookmark not defined. 1 Page 117 of 131 Background Climate Smart Communities Program The New York State Climate Smart Communities (CSC)program is an interagency initiative launched in 2009 that encourages local communities to take action on reducing greenhouse gas emissions and adapting to climate change. The CSC program is jointly sponsored by six New York State agencies: the Depaitment of Environmental Conservation (DEC); the New York State Energy Research and Development Authority (NYSERDA); the Department of Public Service; the Department of State; the Department of Transportation; the Department of Health; and the New York Power Authority (NYPA). The DEC acts as the main administrator of the program. The focus of the program is to encourage local governments to commit to acting on climate change by adopting a resolution containing the 10-point CSC Pledge. The certification program, announced in 2014, was the next step in the evolution of the program and provides specific guidance on how to implement the CSC pledge. In order to be designated a Certified Climate Smart Community a municipality must go beyond the CSC pledge by completing and documenting a number of actions that result in climate change mitigation and adaptation at the local level. The CSC program provides a framework for implementing these climate-smart actions and recognizes communities for their accomplishments through a rating system leading to three award levels: bronze, silver, and gold(currently under development). There are numerous benefits for a municipality that implements CSC actions. Certification actions generate cost reductions; result in ecological restoration and climate change adaptation; improve public health and environmental quality; foster energy efficiency and independence; and ultimately improve the sustainability and resiliency of a community. In addition to the advantages of the actions themselves, CSC-certified communities receive better scores on certain State grant applications, State-level recognition for their leadership, and access to a network of other certified communities,resources,training,tools, and expert guidance. CSC status can also be a factor taken under consideration by rating agencies such as Moody's as evidence of Environmental, Social and Governance (ESG) compliance. Mamaroneck was designated as a CSC in 2009 after adopting the CSC pledge. The Town first secured Bronze certification in September 2016 (133 points from 35 actions) and recertified most recently in April 2024 (208 points from 26 actions). It is currently in the process of seeking Silver certification. This report documents the achievements by the Town of Mamaroneck, its municipal staff, its various Boards and Commissions and its residents under each of the major CSC action areas from January to December 2024. This is the Town's first Annual Report. Documenting results for Silver certification was the core action taken by the Town in 2024. 2 Page 118 of 131 Climate Smart Communities Actions During 2024,the Town of Mamaroneck worked to elevate its status under the CSC program, and this Annual Report documents actions that were accomplished or updated during the year. The report describes results achieved as well as implementation status,with reference to new funding where relevant. 1. Build a Climate-Smart Community CSC Task Force and CSC Coordinators. In December of 2024,the Town adopted a resolution affirming the status of the Sustainability Collaborative as the Climate Smart Communities (CSC) Task Force and affirming the Confidential Secretary to the Town Supervisor as CSC Coordinator. National and Regional Climate Programs. In 2024,Mamaroneck reaffirmed its membership in, and actively participated as part of two regional climate programs: NYSERDA's Clean Energy Communities Program and Sustainable Westchester. Partnerships with Other Entities.Mamaroneck has an ongoing partnership with Sustainable Westchester on Community Choice Aggregation (CCA) as well as several community campaigns. The goal of the community campaigns is to reduce energy usage in the Town. These campaigns include the Solarize, Community Solar, EnergySmart Homes and Demand Response GridRewardsTM programs. In 2024,Mamaroneck actively worked on the CCA and EnergySmart Homes initiatives. 2. Inventory Emissions, Set Goals, and Plan for Climate Action Government Operations GHG Inventory. In 2022, the Town published an Inventory of Municipal Operations Greenhouse Gas Emissions (see HERE). The key findings were that between 2013 and 2019, electricity was the largest contributor to municipal emissions, followed by natural gas and diesel and that GHG emissions were reduced by 22.8%. State energy policy was found to be an important contributor to these reductions;New York State added more renewables to the grid between 2013 and 2019 and the carbon intensity dropped from 700 to 553 lbs CO2e/MWh. As a result,the Town's electricity-related impact reduced. To estimate and eliminate this effect, the Town recalculated the 2013 GHG inventory using the 2019 carbon intensity and found that it had reduced emissions by 15.4% through local action. Most of these reductions were found to have come from natural gas upgrades at the ice rink, switching to LED streetlights and fleet diesel savings, followed by switching to natural gas at the Town Center. Since 2022,the Town has been continuing its efforts to reduce GHGs as documented in this report, including efforts to electrify the municipal fleet and provide EV charging infrastructure, and purchasing electric landscaping equipment. At a community level the action with the most GHG reduction impact is the adoption of Community Choice Aggregation (CCA). 3. Decrease Energy Use Government Building Energy Audits. In September 2023, Honeywell conducted an ASHRAE Level 1 energy audit of several government buildings in the Town of Mamaroneck(see HERE). The buildings included the Town Center, the Senior Center,the Highway Department/Garage, 3 Page 119 of 131 the Fire Department Headquarters and the Hommocks Park Ice Rink. In 2024, recommendations from this audit were evaluated and implementation effort began. Energy Benchmarking for Government Buildings. Early in 2024, as part of the New York State Clean Energy Communities (CEC)Program,the Town completed the"Benchmarking" as well as"Advanced Benchmarking"actions. As part of its commitment,the Town produces an Energy Benchmarking Report each year which is posted on the Town website (see HERE) as required under the Town's Benchmarking Law (see HERE). The most recent report for 2024 indicates energy reduction improvements in the Town Center, the Senior Center,the Maxwell Ave Garage and the Fire Station. These improvements reflect the many energy efficiency investments in government operations during the past few years. Each of these investments was designed to substantially reduce both costs and GHGs. Fleet Inventory and Advanced Vehicles. In November 2024,the Town updated its fleet inventory,which records when new vehicles are purchased and old vehicles are retired. For its January 2025 CSC submission, the Town documented the purchase of five light-duty battery- electric vehicles including a Nissan Leaf purchased in 2022 and four Chevrolet Bolts purchased in 2023. The Town is currently evaluating whether to adopt a Green Fleets Policy so as to systematically reduce emissions from municipal vehicles. LED Streetlights.For its January 2025 CSC submission,the Town documented the installation of Cobra Head and Decorative LED Street Lights under NYSERDA's CEC program. Waste and Energy Provisions in Government Contracts. In 2024, the Town incorporated energy efficiency specifications into the bid documents for its landscapers. The contract is likely to be awarded in early 2025. Green Procurement Policy. The Town is currently evaluating whether to include environmentally preferable components in its Procurement Policy. Energy Code Enforcement Training. The Town's Building Inspector is accredited by NYSERDA as an energy code enforcement officer. This also serves as a qualifying New York State Clean Energy Communities (CEC)Program Action. 4. Shift to Clean, Renewable Energy Clean Energy Installation Owned by Municipality. In 2021, in partnership with SunLight General Capital,the Town of Mamaroneck installed solar photo-voltaic panels on the Hommocks Park Ice Rink roof,which is located at 140 Hommocks Road in the Town of Mamaroneck. The solar array is a 485 kW community solar project that provides residents that join with up to 10% savings on their electricity bills. Subscribers are able to monitor their solar array's energy production and track their bills and savings using the online PowerMarket dashboard. PowerMarket's site provides a link describing the project: https://powermarket.io/project/hommocks-park-community-solar.html. The operator of the project is SunLight General Capital, a qualified installer and solar operator in the State of New York. For its January 2025 CSC submission,the Town documented the project,the outreach and educational components, as well as a letter from the Town Supervisor confirming active use in 2024. 4 Page 120 of 131 Electric Landscaping Equipment.For its January 2025 CSC submission,the Town documented electric landscaping equipment purchased for municipal operations during 2024. Community Solar for Municipalities. The Town is in the process of looking into hooking up municipal meters to community solar in 2025. 5. Use Climate-Smart Materials Management Government Solid Waste Audit. In 2024,the Town of Mamaroneck commissioned a Government Solid Waste Audit for the Town Center Building. The audit took place between November 2023 and February 2024 and provided information about the methodology used. Recycling Program for Government Buildings. The Town requires the placement of recycling bins wherever there is a trash bin in order to establish a one-to-one match of garbage bins to recycling bins and has provided recycling containers for all government building common areas and individual work areas. In 2024,the Town continued operating the recycling program. Reuse. The Town encourages residents to donate used furniture items to the Furniture Sharehouse so the items can be used by others at no charge to the donor or recipient. Residents can drop off gently used furniture they no longer want,instead of throwing them out.This ensures the items do not get trucked to a landfill. The Town also participates in Helpsy,a cloth recycling program introduced by the County. Community Repair. Repair programs provide the opportunity for residents to get household items fixed by skilled local volunteers for no charge. These events help the community transition away from today's throwaway economy and reduce the amount of trash. On October 20, 2024 and October 15, 2023,the Town held a Repair Café event at the Town-owned Mamaroneck Senior Center at 1288 W. Boston Post Road (see HERE). The Town has supported each of the Repair Café events in various ways, including providing a location that has access to electricity, and bathroom facilities, and promoting the events on its website and via social media. In addition,the Town provides snacks and pizza for all volunteers, and municipal staff and volunteers from the Mamaroneck Sustainability Collaborative,provide assistance for the events. Residential Organic Waste Management. In 2024,the Town of Mamaroneck continued its community-wide curbside pick-up yard waste program, its yard waste drop off program and its food waste drop-off program. For its January 2025 CSC submission, the details are documented. 6. Implement Climate-Smart Land Use Comprehensive Plan with Sustainability Elements and Smart Growth Principles. During 2024,the Town of Mamaroneck adopted a Comprehensive Plan that addresses sustainability elements and incorporates all ten of the smart growth components into its land-use policies and regulations (see HERE for the Comprehensive Plan and HERE for the Board resolution adopting the Plan). For its January 2025 CSC submission,the Town documented this. Zoning for Affordable Housing: The Town of Mamaroneck has incorporated zoning for affordable housing into its land-use policies and regulations as well as its comprehensive plan. 5 Page 121 of 131 For its January 2025 CSC submission,the Town documented this. Electric Vehicle Charging Stations.For its January 2025 CSC submission,the Town documented the installation of seven electric vehicle charging stations, all of which are currently active. Four are ChargePoint Level 2 charging stations,with two charging ports each,were installed by TRI-CAT Corporation in 2019 and and are available to the public. In addition,three EV chargers are available only to charge Town of Mamaroneck vehicles. Two have 2 charging ports each and were installed by ASAP Electric in the summer of 2023. There is an additional dual head charger at the Maxwell Avenue Recycling Facility Garage for use by the Engineering and Highway Departments. It was purchased in 2018, and originally located at the Town Center, but was moved to the Maxwell facility in 2023 when the new chargers were purchased. Complete Streets and Safe Routes to School(SRTS). The Town adopted a Complete Streets Policy in 2013 (see HERE) and has developed a reporting tool to document improvements that link directly back to the Complete Streets Policy:Appendix A - Complete Streets (updated in 2024). The Appendix A list helps the Town to assess performance with respect to the Complete Streets Policy. The Appendix includes actions recommended in the Local Road Safety Action Plan (2022) (see HERE) as well as the Town's new Speed Hump Policy(see HERE). In 2024, the Town of Mamaroneck adopted a Comprehensive Plan that addresses sustainability elements and smart growth components (see HERE for the Comprehensive Plan and HERE for the Board resolution adopting the Plan). The Safe Connections chapter of the newly adopted Comprehensive Plan focuses on "creating complete streets through enhanced pedestrian and bicycle infrastructure and roadway operation improvements."The Town has an active SRTS committee that meets on a regular basis and provides recommendations on safety improvements to foster walking an biking among Town youth. The Committee is made up of members of the Town government as well as members of the public. Traffic Calming. In accordance with its Local Road Safety Action Plan (2022) (see HERE) and its new Speed Hump Policy(see HERE),the Town is actively implementing traffic calming solutions including plans to install speed humps and a roundabout. Natural Resources Inventory. The Town's Sustainability Collaborative is in the process of assessing the viability of creating a Natural Resources Inventory(NRI), which will be a comprehensive inventory of the Town's natural resources. Develop a Local Forestry or Tree Planting Project or Program. Carbon sequestration through planting trees, especially native species, is an important way to reduce CO2 and protect our natural resources. The Town has had a long history of conservation and was recognized as a Tree City USA Community by the National Arbor Day Foundation 32 years ago, a designation it continues to hold today. As part of its ongoing commitment,the Town Board proclaimed April 26, 2024 as Arbor Day (see HERE), and to commemorate the occasion,the Town planted a red maple in Memorial Park. In 2024,the Town initiated an extensive tree-planting project thanks to a grant in late 2023 of$55,000 from the Virginia A Mcguire Foundation to be used for planting 100 trees along the Town's streets and 10 trees on Town property. In 2023, the Town reviewed and updated its Tree Law. Unified Solar Permit. The Town has begun the process of updating its unified solar permitting law, in an effort to ease requirements of residents who want to install solar on their homes. 6 Page 122 of 131 7. Enhance Community Resilience to Climate Change Climate-Resilient Hazard Mitigation Plan. The effects of climate change, such as extreme weather conditions and sea level rise,result in serious hazards for municipalities. In collaboration with other municipalities in Westchester County,the Town of Mamaroneck participated in a County-run effort to develop Hazard Mitigation Plans (HMP) for the County and local municipalities. The evaluation was completed in late 2021 (see HERE). The Town's HMP is an annex to the County HMP (see HERE). The HMP describes a range of hazard mitigation measures that address climate change and are based on climate science projections. It identifies the Town's specific vulnerabilities, lists previous mitigation actions, and proposes additional mitigation initiatives still possible. In 2025,the County plans to update the HMP and the Town plans to participate in this effort. Shade Structures Policy. In December 2024, the Town adopted a Shade Structures Policy (see HERE),which covers all new construction and development of Town-owned properties, as well as upgrades to existing Town properties. Even prior to adopting the policy,the Town showed its commitment to implementing the policy as evidence by the shade trees that were planted on Town-owned property during the year. Flood Mitigation and Green Infrastructure. Due to extensive flooding following Hurricane Ida, in 2022, the Town adopted a Flood Damage Prevention Law (see HERE) and in 2023,the Town commissioned a Comprehensive Drainage Evaluation Report to prepare a plan-of-action for alleviating and mitigating flooding throughout the Town (see HERE). In 2024, implementation efforts are underway including efforts to implement green infrastructure. All applicable capital projects include as much flood mitigation as possible. Water Conservation. The Town actively encourages residents to conserve water throughout the year. 8. Support a Green Innovation Economy Farmers' Markets: The Larchmont Farmers Market serves residents of the Town of Mamaroneck and attracts residents as well as patrons from neighboring municipalities. In March 2023,the Market was featured in several Westchester Magazine articles including: "The Larchmont Winter Farmer's Market Carries Fantastic Finds" (March 2023), "The Best Winter Farmers' Markets to Visit in Westchester" (January 2024), and"Shop for Fresh Fruits and Veggies at Westchester's Farmers' Markets" (May 2024). Ongoing support provided by the Town includes promoting the market on the Facebook pages, as well as in Town Supervisor e- newsletters and emails to the community. Community Choice Aggregation (CCA). The Town is an active participant in Westchester Power's Community Choice Aggregation CCA program, and has opted for a 100%renewable default supply for residents. The CCA is a municipal energy procurement model that replaces the utility as the default supplier of electricity and ensures that a greater percentage of electricity comes from renewable sources. The Town of Mamaroneck first adopted the CCA in 2015 (see HERE). In June 2024,the Town reconfirmed its commitment to the CCA and adopted the 100% renewables option as part of the New York State Clean Energy Communities (CEC)Program (see HERE). 7 Page 123 of 131 Community Campaigns. The Town of Mamaroneck has completed the Tier 1 requirements for three Community Campaigns (Demand Response GridRewardsTM, Community Solar, and Clean Heating and Cooling) and the Tier 2 requirements for Clean Heating and Cooling -under the New York State Clean Energy Communities (CEC) Program. 9. Inform and Inspire the Public Climate Change Education and Engagement. In 2024,the Town created a Climate Change Education and Engagement Plan,which lays out the Town's strategic vision, approach, process, and plan for sustainability related events. Climate-related Public Events. The Town of Mamaroneck has held many climate-related public events during the past year including a Repair Café (October 2024), a Drive Electric Day (September 2024), an International Coastal Clean Up Day (September 2024), an Arbor Day Celebration (April 2024) an Annual Spring/Earth Day Town Clean Up (April 2024) and a Compost Giveaway Event (April 2024). For its January 2025 CSC submission, the Town documented a Repair Café that took place during 2024. Local Climate Action Website. The Mamaroneck Climate Action Website (see HERE) provides an overview of climate-related activities initiated by the Town of Mamaroneck, its Boards and Commissions and its residents. The site outlines the Town's major initiatives related to building community resilience and climate change mitigation efforts. It also provides external resources related to sustainability, energy efficiency, and other information on how residents can make a difference. The site was updated multiple times in 2024. Social Media: During 2024,Mamaroneck was active on social media providing information and promoting initiatives that inform residents about how they can support a green and sustainable environment. 10. Engage in an Evolving Process of Climate Action Annual Report: In 2024, the Town of Mamaroneck produced its first annual report documenting achievements under each of the major CSC pledge elements during the year. 11. Innovation Landscaping,Healthy Yards and Pollinators. Several years ago the Town initiated a Healthy Yards Project to encourage more sustainable landscaping methods and, in 2024, adopted a summer leaf-blower ban. In collaboration with local volunteers, the Town has launched a campaign to educate the public about the importance of butterflies and bees and to encourage the nurturing insect ecology in the Town. The initiative also promotes the cultivation of vegetable gardens and fruit trees. The Town Supervisor has joined the Mayor's Monarch Pledge initiative and the Town adopted supportive resolutions. 8 Page 124 of 131 Conclusion During 2024,the Town of Mamaroneck actively pursued initiatives to address climate change and put in place key policies that will guide action in future years, so as to build more community resilience. This Annual Report reflects the many hours of time committed by volunteers who are members of the Town's Sustainability Collaborative/Climate Smart Communities Task Force. It also reflects the dedication of the Town Administrator and her staff, and that of the Town Supervisor and Town Board, who have each played important roles in supporting efforts to reach the Town's climate related goals. This report provides a snapshot in time of efforts to date, and the Town is firmly committed to an ongoing process of review, improvement and new actions. Challenges Encountered In 2024,the focus of the Town of Mamaroneck was to document and implement new actions geared at achieving silver CSC certification. The main climate-related challenges encountered continue to relate to extreme weather events. Next Steps Beyond achieving Silver CSC status,the critical next step for the Town is to implement our Comprehensive Plan, especially the sustainability and smart growth components. This work will require substantial community engagement and Town staff involvement. In parallel, the Town will continue to pursue CSC actions that support its goal of reducing GHGs and building community resilience. 9 Page 125 of 131 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: Con Ed Rate Case Date: March 19, 2025 The Village of Rye Brook is coordinating an initiative to secure municipal representation from within Westchester County to intervene in the latest Con Ed Rate Case before the Public Service Commission. The Village of Rye Brook and several other municipalities have successfully used Attorney Dichter in water rate cases, and they requested a proposal from Attorney Dichter for the Con Ed Rate Case (see attached). The not-to-exceed amount is $100,000 for all attorney services and the not-to-exceed amount for each municipality that participates is $5,000. The greater the number of participating municipalities, the lower the cost. There are many municipalities considering joining this consortium. As of the latest count, five have authorized joining, ten are expected to, and eight are considering it within the next week. So far only one community has declined to participate. Given the nature of this proceeding and the significant rate increase requested, I recommend that the Town joins the consortium. Action Requested: Resolved that the Town Board hereby authorizes the Town of Mamaroneck to join the consortium of communities hiring Joel R. Dichter of Dichter Law LLC as special Counsel to represent participating Westchester municipalities in the Con Edison Electric and Gas Rate Case before the Public Service Commission for a rate not to exceed $5000, and further authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Resolution - PSC Con Ed Special Counsel 3.14.2025 Page 126 of 131 RESOLUTION A RESOLUTION AUTHORIZING THE HIRING OF JOEL R. DICHTER OF DICHTER LAW LLC AS SPECIAL COUNSEL TO REPRESENT PARTICIPATING WESTCHESTER MUNICIPALITIES IN CON EDISON'S ELECTRIC AND GAS RATE CASE BEFORE THE PUBLIC SERVICE COMMISSION WHEREAS, on January 31, 2025, Con Edison filed a petition with the New York Public Service Commission to increase electric and gas rates as of January 1, 2026; and WHEREAS,under this petition, electric rates would rise by 18%with residential delivery charges increasing by 25.1%, and natural gas delivery rates rising by 19.1%; and WHEREAS,this Con Edison rate hike proposal comes after an increase of 20% in rates over the past three (3)years and any further significant increases would have negative financial impacts on residents and businesses within Westchester County; and WHEREAS,the Public Service Commission is currently reviewing Con Edison's petition for an electric and gas rate increase; and WHEREAS,it is in the best interest of the Town of Mamaroneck be represented in this matter to ensure the concerns of local governments and its residents are adequately addressed; and WHEREAS,Joel R. Dichter of Dichter Law LLC has the necessary experience and expertise to represent the interests of the participating municipalities in this case and has submitted a proposal dated February 13, 2025 to represent participating municipalities; and WHEREAS,the proposal includes intervening in the rate case, conducting discovery, retaining expert witnesses,preparing briefs, and attending all hearings and any settlement negotiations at a total cost that shall not exceed One Hundred Thousand Dollars ($100,000)which would be split equally among all of the participating municipalities that accept to his representation in this rate case; and WHEREAS, such representation will only proceed if at least twenty (20) municipalities agree to be represented by Joel R. Dichter of Dichter Law LLC; NOW,THEREFORE BE IT RESOLVED by the Town Board of the Town of Mamaroneck, as follows: 1. The Town of Mamaroneck hereby authorizes the hiring of Joel R. Dichter of Dichter Law LLC as special counsel to represent participating Westchester municipalities in Con Edison's Electric and Gas Rate Case before the Public Service Commission; and Page 127 of 131 2. The Municipality's share of the legal fees shall be determined based on an equal division among all participating municipalities, with the total amount of such representation not to exceed$100,000 (example: ($100,000 /20 municipalities = $5,000 each); and 3. This authorization shall only take effect if at least twenty (20) municipalities agree to be represented by Joel R. Dichter of Dichter Law LLC in this matter. 4. The Town Administrator is hereby authorized to take all necessary actions to execute agreements and related documents and make payments in furtherance of this resolution. 5. This resolution shall take effect immediately. AND BE IT FURTHER RESOLVED,that the Town of Mamaroneck shall coordinate the payment to Joel R. Dichter of Dichter Law LLC on behalf of the participating municipalities for representation in this Con Edison electric and gas rate case. Adopted this of , 2025, by the Town Board of the Town of Mamaroneck, NY. Page 128 of 131 6 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 CC: Tracy Yogman, Town Comptroller Re: 2025 Town & County Tax Warrant Date: March 19, 2025 Attached please find the 2025 Town & County Tax Warrant prepared by Town Comptroller, Tracy Yogman. Action Requested: Resolved that the Town Board hereby approves the 2025 Town & County \Tax Warrant and authorizes the Town Supervisor to execute the warrant. Page 129 of 131 73 vt; '- 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: March 19, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2025 Town & County Tax Warrant General: Attached is the 2025 Tax Warrant for the collection of Town and County taxes. The tax warrant is equal to the tax levy approved by the Town Board included in the 2025 Budget plus water arrears provided by the Westchester Joint Water Works. The 2025 Tax Warrant includes $62,644.19 of water arrears. The warrant includes a small rounding adjustment. Attachment/s: 2025 Tax Warrant Page 130 of 131 STATE OF NEW YORK COUNTY OF WESTCHESTER ] SS: TOWN OF MAMARONECK THE PEOPLE OF THE STATE OF NEW YORK To Tracy Yogman, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 19, 2025, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment/Tax Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town District Taxes, relevies, charges for services, exemptions removed, water arrears and system rounding adjustment after the levy thereof as follows: Judicial and County Taxes - $42,347,853.00 Town and Town District Taxes - 34,633,500.00 Town Relevy - -0- Charges for Services - -0- Exemptions removed - -0- Water arrears - 62,644.19 System Rounding Adjustment - (2.16) $77,043.995.03 And you are hereby directed to deposit to the credit of the Town of Mamaroneck into the JP Morgan Chase Bank, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law,Article 16, Chapter 852, Laws of 1948, as amended,the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 19th day of March 2025. Jaine Elkind Eney, Supervisor Page 131 of 131